A.
Subject to the provisions of Article I hereof, in the interpretation of this chapter, the following rules shall apply:
(1)
Words used in the present tense include the future tense.
(2)
The singular includes the plural and the plural the singular.
(3)
The word "person" includes an individual, firm, partnership, association
or corporation.
(4)
Any use of the gender-specific words (his, hers, him, her) shall
imply both genders.
(5)
The word "lot" includes the word "plot" or "parcel."
(6)
A building or structure includes any part thereof.
(7)
The term "used" or "occupied," as applied to any land or structure,
shall be construed to include the words "intended, arranged or designed
to be used or occupied."
(8)
The word "shall" is intended to be mandatory.
(9)
The word "and" indicates that all connected items, conditions, provisions
or events shall apply.
(10)
The word "or" indicates that the connected items, conditions,
provisions or events may apply singly or in any combination.
(11)
The words "either . . . or" indicate that the connected items,
conditions, provisions or events may apply singly but not in any combination.
(12)
The word "Town" means the Town of Cazenovia, New York.
(13)
The word "county" means the County of Madison, New York.
B.
In the case of any difference of meaning or implication between the
text of this chapter and any caption, illustration or table, the text
shall control.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure subordinate to a principal building and used
in conjunction with and for purposes customarily incidental to those
of the principal building or use.
A use customarily incidental and subordinate to the principal
use or building and used in conjunction with such principal use or
building.
A strip of land abutting a public or platted private road,
providing access to a rear lot.
An establishment where, for any form of consideration, one
or more still or motion-picture projectors, slide projectors, or similar
machines or other image-producing machines, for viewing for five or
fewer persons each, are regularly used to show films, motion pictures,
videocassettes, slides or other photographic reproductions which are
characterized by the depiction or description of specified sexual
activities or specified anatomical activities.
A business which derives 25% or more of its gross income
from the sale, or rental, or utilizes 25% or more of its retail selling
area for, or has stock comprised of 25% or more of any of the following:
books, magazines, periodicals, films, motion pictures, videocassettes,
DVDs, slides, compact discs and/or computer generation or their visual
representations which are characterized by the depiction and description
of specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, bottle club, juice bar, club
or similar commercial establishment, whether or not alcoholic beverages
are served, which features:
Persons who appear nude or in a state of nudity or semi-nudity;
or
Live performances which are characterized by the exposure of
specified anatomical activities or by specified sexual activities;
or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical activities.
A business where an adult male or female exposes parts of
his or her body identified in specified anatomical activities.
A hotel, motel or similar business which:
Offers public accommodations, for any form of consideration,
which provide patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical activities and which advertises
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way or by means of any
off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a period of time less than
10 hours; or
Allows a tenant or occupant to subrent the sleeping room for
a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion
of a building or structure or drive-in theater used for presenting
materials having, as a dominant theme, material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical activities for observation
by patrons therein.
A business which derives 25% or more of its gross income
from the sale or rental of, or utilizes 25% or more of its retail
selling area for or has stock comprised of 25% or more of any of the
following: instruments, devices or paraphernalia which are designed
for use or marketed primarily for stimulation of human genital organs
or for sadomasochistic use or abuse of the purchaser or others.
Any business involved in the dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical activities,
including, but not limited to, adult arcades, adult bookstores or
video stores, adult cabarets, adult live entertainment, adult motels,
adult motion-picture theaters, adult novelty stores and massage establishments.
Specified anatomical activities include any of the following:
Specified sexual activities include any of the following:
Human genitals in a state of sexual stimulation or arousal.
Acts of actual or simulated human masturbation, sexual intercourse,
oral copulation or sodomy.
Fondling or other intentional erotic touching of human genitals,
pubic region, buttocks, anus or female breasts.
Excretory functions as part of or in connection with any of
the activities as set forth in Subsection B(1) through (3) of this
definition.
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which a subdivision is proposed, as provided in § 305-b
of the Agriculture and Markets Law. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a Tax Map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
As applied to a structure, a change to or rearrangement of
the structural parts, or any expansion thereof, including the extension
of any side or by any increase in height, or the moving of such structure
from one location to another.
An electric current that reverses direction at regular intervals,
having a magnitude that varies continuously in a sinusoidal manner.
[Added 5-9-2022 by L.L.
No. 3-2022]
A facility that cares for six or more pets or domesticated
animals for training, breeding, boarding, grooming or harboring, whether
or not for profit.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Any person, corporation or other entity applying for a building
permit, certificate of occupancy, special use permit, site plan or
subdivision approval, variance or zoning amendment.
A basic measure of the critical water contents of a fine-grained
soil and its shrinkage limit, plastic limit, and liquid limit; establishes
the moisture contents at which fine-grained clay and silt soils transition
between solid, semisolid, plastic, and liquid states.
[Added 5-9-2022 by L.L.
No. 3-2022]
Any area of land, including structures, that is used or designed
to service motor vehicles by supplying fuel (i.e., gas station), oil
or other lubricants, and/or to provide other types of services such
as maintenance, repair, body work, polishing, greasing, painting or
washing such motor vehicles. An establishment that satisfies this
definition and also sells unrelated retail goods shall be considered
to be both an automobile service station and a retail use as a convenience
store. See also "vehicle service."
A specially permitted use occurring in an existing one-family dwelling operated by the permanent resident(s) of the dwelling who are also on-site, present and sleeping overnight within the residence while providing short-term overnight lodging to transient guests, with no meal other than breakfast meals offered to such guests. Such presence by the homeowner shall be continuous during the nighttime hours (7:30 p.m. to 7:30 a.m.) to ensure appropriate oversight of the bed-and-breakfast establishment and guests. A bed-and-breakfast must be the primary residence of the owner(s)/proprietor(s) and comply with the requirements of § 165-69. It is the intent of the use of a bed-and-breakfast to maintain the residential character of the primary use of the premises as a dwelling by the titled owner and to limit deleterious impacts such as noise, traffic, excessive parking and other impacts. See also "owner-occupied transient occupancy lodging."
[Amended 5-13-2019 by L.L. No. 2-2019]
An earthen construction designed for use as a barrier, enclosure,
partition, ledge, shelf or support.
Any outdoor advertising board, structure or device which
advertises, directs or calls attention to any business, article, substance,
service or any sign which is painted, printed, posted or affixed to
any building, structure, wall, fence, pole, railing, natural object
or structure of any kind on real property or upon the ground itself
which advertises services, products or commodities not available on
the premises on which the billboard is located.
A person, other than a servant, resident with a family furnishing
lodging or board and lodging to him in its dwelling for gain on other
than a daily or transient basis.
A dwelling occupied exclusively by one family and more than
three but fewer than 10 boarders.
A structure used solely for the protection of boats and associated
boating equipment from the weather.
Any product, including natural spring- or well water taken
from municipal or private utility systems or other water, distilled
water, deionized water or any of the foregoing to which chemicals
may be added, which are put into sealed bottles, packages or other
containers, to be sold for domestic consumption or culinary use, involving
a likelihood of such water being ingested by human beings.
A facility for the fermenting and production of malt beverages
on premises which may include on-premises for retail sale, tasting
and consumption during regular business hours as defined in the Alcoholic
Beverage Control (ABC) Law. A brewery may also include a farm brewery
licensed under the New York State Alcoholic Beverage Control (ABC)
Law and associated with a farm operation subject to the requirements
of the guidelines of the New York State Department of Agriculture
and Markets. Such use shall require the issuance of a special use
permit by the Zoning Board of Appeals, site plan approval from the
Planning Board and, unless otherwise permitted pursuant to New York
State's ABC and Agriculture and Markets Laws, may only be established
in the Rural B (RB), New Woodstock Central Business Overlay (NWCBO),
Commercial Overlay (CO), Industrial Overlay (IO) and Village Edge
Overlay (VEO) Districts.
That portion of a lot which is suitable for building structures
and locating septic disposal facilities, i.e., all land, excluding
wetlands and watercourses, preexisting utility easements and rights-of-way,
slopes exceeding 15% (slopes measured as 5,000 square feet or more
of contiguous sloped area at least 10 feet in width) and the one-hundred-year
flood zone.
A temporary or permanent structure having a roof supported
by columns or walls for the shelter, support or enclosure of persons,
animals or property.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof. The height of buildings on lakefront lots
shall be measured on the lake side of the building.
A solar energy system incorporated into and becoming part
of the overall architecture, design and structure of a building in
manner that the solar energy system is a permanent and integral part
of the building structure.
A building or structure in which is conducted the main or
principal use of the lot on which it is located.
Water intended for potable uses, which is transported by
tank trucks.
A coffeehouse, delicatessen or bar, other than a restaurant,
where beverages, whether or not alcoholic, and/or food are prepared
and/or served for consumption on and/or off the premises.
The percentage of total impervious cover for a site shall
be calculated by adding the area of impervious surfaces on the site
(in square feet, as defined above) to 1/2 of the area of semi-pervious
surfaces on the site (in square feet, as defined above) and dividing
the total by the lot size in square feet (see following example).
|
Example:
|
Lot size: 80,000 square feet
| |
|
Proposed impervious surfaces: 9,500 square feet
| ||
|
Proposed semi-impervious surfaces: 1,500 square feet
| ||
|
Total impervious site coverage = (9,500 + 1,500/2)/80,000 x
100% = 12.8% impervious
|
Land, place, structure, facility or building for the disposal
or burial of deceased human beings, by cremation or in a grave, mausoleum,
vault, columbarium or other receptacle.
A not-for-profit corporation or association organized for
charitable purposes, including but not limited to education, social
welfare, environmental conservation, scientific research, cultural
enrichment and the arts.
Any place or premises where cider is manufactured for sale,
tasting and consumption during regular business hours; and all offices,
vaults, yards and store rooms connected therewith or where any part
of the manufacture of cider is carried on or where the apparatus connected
with such manufacture is kept or used or where any of the products
of cider are stored or kept shall be deemed to be included in and
form part of the cidery to which they are attached or are appurtenant
as defined in the New York State Alcoholic Beverage Control (ABC)
Law. A cidery may also include a farm cidery licensed under the New
York State Alcoholic Beverage Control (ABC) Law and a farm operation
subject to the requirements of the guidelines of the New York State
Department of Agriculture and Markets associated with a farm operation
subject to the requirements of the guidelines of the New York State
Department of Agriculture and Markets. Such use shall require the
issuance of a special use permit by the Zoning Board of Appeals, site
plan approval from the Planning Board and, unless otherwise permitted
pursuant to New York State's ABC and Agriculture and Markets Laws,
may only be established in the Rural B (RB), New Woodstock Central
Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay
(IO) and Village Edge Overlay (VEO) Districts.
Premises used by a not-for-profit organization catering exclusively
to members and their guests for social, recreational, athletic or
similar purposes. A club which falls within the definition of "recreational
business" shall be deemed to be a recreational business.
See "vehicle service."
Cellular telephone services, special mobile radio services
and personal communication services as those terms are defined and
regulated by the FCC.
A solar energy system or collection of solar energy systems
or area of land principally used to convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies, with the primary purpose of supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider.
[Added 5-9-2022 by L.L.
No. 3-2022]
Proposed commercial solar projects sited in the Town of Cazenovia
that will feature the ability to participate in subscriptions for
lower electricity costs to Town residents.
[Added 5-9-2022 by L.L.
No. 3-2022]
An application for a special use permit, site plan or subdivision
approval, zoning amendment or variance found by the reviewing board
to satisfy all information requirements of this chapter and of the
New York State Environmental Quality Review Act (SEQRA), for which
either a negative declaration has been issued or a draft environmental
impact statement has been accepted as satisfactory pursuant to 6 NYCRR
617.8(b)(1).
The Village and Town of Cazenovia Comprehensive Plan adopted
by the Town Board for the future preservation and development of the
Town of Cazenovia pursuant to § 272-a of the Town Law, including
any part of such plan separately adopted and any amendment to such
plan.
An animal feeding operation that would be required to obtain
a NYSDEC State Pollution Discharge Elimination System (SPDES) General
Permit based upon the numbers and types of animals and/or method of
animal waste discharge.
A system of ownership of dwelling units, either attached
or detached, established pursuant to the Condominium Act of the State
of New York,[1] in which the apartments or dwelling units are individually
owned.
Complying with the use, density, dimensional and other standards
of this chapter.
A perpetual restriction on the use of land, created in accordance
with the provisions of Article 49, Title 3, of the Environmental Conservation
Law, or § 247 of the General Municipal Law, for the purposes
of conservation of open space, agricultural land and natural, cultural,
historic and scenic resources.
Includes DEC and Army Corps of Engineers wetlands, watercourses,
one-hundred-year floodplains, public and private road rights-of-way,
utility easements and steep slopes (containing an average grade of
15% or more, and which slopes are 5,000 square feet or more of contiguous
sloped area).
A mobile unit used for nonresidential purposes associated
with on-site construction.
The degradation of natural water quality as a result of human
activities to the extent that its usefulness is impaired.
A retail store, intended to serve motorists and neighbors,
generally providing a limited range of packaged food, beverage and
other consumable household merchandise often associated with another
principal use such as a gasoline service station.
A place where artists, artisans, craftsmen and other skilled
tradespeople produce and sell custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metalwork, musical instruments, paintings, pottery, sculpture,
toys and weaving. A craft workshop may involve the sale of accessories,
supplies and incidental items not produced on the premises, provided
that no more than 10% of floor space is used for such sales.
A facility or portion of a building in which the remains
of deceased human beings are processed by cremation.
Any establishment caring for children or adults that is not
considered a family day-care home, group family day-care home or family
adult day-care home. No day-care center shall be established without
licensing, and every special use permit for a center shall be conditioned
upon the licensing, certification or other approval of every public
agency charged with the regulation or supervision of any facet of
the proposed center.
A program caring for adults for more than three hours per
day per person in which day care is provided in a family home for
three to six adults.
Any bulk quantities of chloride compounds and/or other deicing
compounds (e.g., urea or calcium magnesium acetate) intended for application
to roads, including mixtures of sand and chloride compounds in any
proportion where the chloride compounds constitute over 8% of the
mixture. Bulk quantity of deicing compounds means any quantity, but
does not include any chloride compounds in a solid form which are
packaged in waterproof bags or containers which do not exceed 100
pounds each.
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as mining, grading, dredging, filling,
paving, excavations or drilling operations.
An electric current of constant direction, having a magnitude
that does not vary or varies only slightly.
[Added 5-9-2022 by L.L.
No. 3-2022]
The abandonment, discharge, deposit, injection, dumping,
spilling, leaking or placing by any other means of any solid waste,
petroleum, radioactive material, hazardous substance, hazardous waste
or aqueous-carried waste into or onto land or a surface water body.
A facility for distillation of fermented products to produce
distilled beverages with a high alcohol content on premises for retail
sale, tasting and consumption during regular business hours as defined
in the New York State Alcoholic Beverage Control (ABC) Law. A distillery
shall include a farm distillery licensed under the New York State
Alcoholic Beverage Control (ABC) Law and a farm operation subject
to the requirements of the guidelines of the New York State Department
of Agriculture and Markets associated with a farm operation which
markets farm products consistent with the guidelines of the New York
State Department of Agriculture and Markets policy. Such use shall
require the issuance of a special use permit by the Zoning Board of
Appeals, site plan approval from the Planning Board and, unless otherwise
permitted pursuant to New York State's ABC and Agriculture and Markets
Laws, may only be established in the Rural B (RB), New Woodstock Central
Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay
(IO) and Village Edge Overlay (VEO) Districts.
A floating or fixed structure projecting from or along the
shore into the water of Cazenovia Lake, which may or may not have
elements attached to the lake bottom, including floating docks, piers
and wharves used as a berthing place for boats, as well as docks used
for swimming, sitting or other recreational purposes. (See "permanent
dock.") Any dock which is not considered a permanent dock shall be
deemed a temporary dock.
The principal accessory use, including an ATM, which by design
of physical facilities or by service or packaging procedures encourages
or permits customers to receive a service or obtain a product while
remaining in a motor vehicle and may include drive-in outdoor theaters,
fast-food establishments, banks, pharmacies and similar uses.
A private way providing vehicular access from a public or
private road to a residence or to a commercial or noncommercial establishment.
A building designed or used exclusively as living quarters
for one or more families.
A building or portion thereof providing complete housekeeping
facilities for one family.
A dwelling containing separate living units for three or
more families.
A detached building designed for the use of one household,
including one or more persons living as a family.
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by a continuous wall extending from the lowest floor
to the roof or an unpierced ceiling and floor extending from exterior
wall to exterior wall.
Any institution of learning recognized by the New York State
Department of Education which offers instruction in the several branches
of learning either as a public, private, vocational or a vocational
institution, but does not include instruction incidental to the operation
of a business or organization.
An individual possessing the skills and knowledge to effectively
develop a site for use as a solar PV system and then reclaim the site
restoring it, to the greatest extent practical, to its original use.
[Added 5-9-2022 by L.L.
No. 3-2022]
The detachment and movement of soil or rock fragments by
water, wind, ice, gravity or other forces.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
The Federal Aviation Administration.
One person, or a group of two or more persons living and
cooking together in the same dwelling unit as a single housekeeping
entity. A roomer, boarder, lodger, occupant of supervised group quarters,
or grouping of unrelated students shall not be considered a member
of a family.
Any place, however designated, which has been issued a permit
to operate a family day-care home by the New York State Department
of Social Services pursuant to Part 417 of the New York State Department
of Social Services regulations and generally serving 12 or fewer children.
Any lot or parcel of land at least seven acres in area which
is used in conjunction with a farm operation and where the utilization
of land and structures for the production, preservation, nonindustrial
processing, storage and sale of agricultural commodities such as crops,
plants, vines, flowers, grapes, products, trees, sod, shrubs, livestock,
honey, Christmas trees, compost, poultry, dairy products, animals,
including commercial horse boarding operations, equine operations,
timber operations and compost/biomass operations as defined by Agriculture
and Markets Law (AML) § 301, but not including uses of land
primarily for the disposal of offal or garbage. There are no acreage
limitations for farm operations located within a county agricultural
district and such farms also include commercial horse boarding operations,
equine operations, timber operations and compost/biomass operations
as defined in AML § 301.
Any brewery, cidery, distillery and/or winery associated
with and in connection with the marketing of farm products as recognized
under the New York State Agriculture and Markets Law. A farm brewery,
cidery, distillery and/or winery must be licensed by the State Liquor
Authority; as defined in the Alcoholic Beverage Control Law.
An open area, with or without an associated enclosed structure
or structures, which displays for sale, lease or rent new or used
farm equipment with associated retail sales. Such use shall not include
the displaying or sale of gasoline or oil to the public generally.
As defined in the New York Agriculture and Markets Law, Article
25-AA, § 301(11), as amended, land and on-farm buildings,
equipment, manure processing and handling facilities and practices
which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including
a commercial horse boarding operation; a timber operation; compost,
mulch or other biomass crops; and a commercial equine operation. Such
farm operation may consist of one or more parcels of owned or rented
land, which parcels may be contiguous or noncontiguous to each other.
In consideration of any approvals or interpretations relative to farm
operations, the reviewing officer or body may consider the applicability
of Article 25-AA, § 301(11) of the New York State Agriculture
and Markets Law along with the Department of Agriculture and Markets
guidance with respect to such uses. A farm operation may include a
farm stand, subject to the granting of site plan approval.
The use of active agricultural parcels for the additional purpose of holding limited events designed to enhance the underlying farm operation and to provide farmers with an opportunity to provide supplemental income to the farm operation and to allow for educational opportunities to individuals relating to agriculture in the State of New York and the region. Such events shall require the issuance of a special use permit from the Zoning Board of Appeals and site plan review from the Town of Cazenovia Planning Board and shall meet the requirements of Article XVIII (Additional regulations for certain specified uses) at § 165-72.1 herein.
[Added 2-14-2022 by L.L.
No. 2-2022]
An incidental and subordinate activity of a farm involving
a building or lot or portions of a building or lot used for the seasonal
retail sale of agricultural products and may include activities in
which retail customers pick or select their own produce from the fields
or growing areas. A farm stand is deemed to be an accessory use to
a farm operation. Farm stands with an area greater than 144 square
feet but less than 1,000 square feet shall require the granting of
a site plan approval from the Planning Board. A farm stand in excess
of 1,000 square feet shall only be allowed upon the issuance of a
special use permit. Farm stands with an area less than 144 square
feet are allowed as an accessory use as of right.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS's) Soil Survey Geographic (SSURGO) Database on Web
Soil Survey, and/or pursuant to the New York State classification
system for Madison County, that is of statewide importance for the
production of food, feed, fiber, forage, and oilseed. Farmland of
statewide importance may include tracts of land that have been designated
for agriculture by New York State.
[Added 5-9-2022 by L.L.
No. 3-2022]
The Federal Communications Commission.
A structure or partition consisting of wood or traditional
and commonly accepted fencing materials erected for the purpose of
partitioning or enclosing a piece of land or to divide a piece of
land into distinct portions or to separate two contiguous estates.
Any commercially produced mixture generally containing phosphorous,
nitrogen and/or potassium which is applied to the ground to increase
nutrients from plants.
Any activity which deposits natural or artificial material
in a manner that modifies the surface or subsurface conditions of
land or watercourses.
A group of motor vehicles owned or operated as a unit or
a group of motor vehicles operating together under the same ownership.
Land subject to a one-percent or greater chance of flooding
in any given year.
The sum of the areas of habitable, potentially habitable
or commercially usable space on all floors of a structure, including
the interior floor area of all rooms (including bathrooms and kitchens),
closets, pantries, hallways that are part of a dwelling unit or inside
a commercial building, walk-out basements, attics with sufficient
ceiling height to be used for habitation, excluding cellars or unfinished
basements where less than four feet of the interior basement height
is above grade level on all sides. Floor space shall be measured from
exterior wall to exterior wall. In the case of a mixed use, it shall
be measured from exterior wall to the center of the dividing walls.
A rooftop-mounted solar energy system with solar panels which
are installed flush to the surface of a roof and which cannot be angled
or raised.
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing. This shall also include decks and porches, whether
covered or uncovered.
The side of a building or structure parallel to and closest
to a road or street. On a corner or a through lot, both sides of a
building facing the street shall be considered the front.
All oil which has been refined, re-refined or otherwise processed
for the purpose of being burned to produce heat.
A building, structure or lot used for the storage, repair,
painting, towing, rental, incidental sale and/or servicing of motor
vehicles.
An unenclosed building not exceeding 12 feet in height without
solid walls.
Spillover of artificial light beyond the area intended for
illumination in a manner which either impairs vision or beams light
onto adjoining properties or toward the sky.
Any excavation, alteration of land contours, grubbing, filling
or stockpiling of earth materials.
A solar energy system that is affixed to the ground either
directly or by mounting devices and which is not attached or affixed
to a building or structure.
Water below the land surface in a saturated zone of soil
or rock. This includes perched water separated from the main body
of groundwater by an unsaturated zone.
Any place, however designated, which has been issued a permit
to operate a group family day-care home by the New York State Department
of Social Services pursuant to Part 416 of the New York State Department
of Social Services department regulations and generally serving no
more than six children.
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, Hazardous Substance List, or a mixture thereof. In general,
a hazardous substance means any substance which:
Because of its quantity, concentration or physical, chemical
or infectious characteristics poses a significant hazard to human
health or safety if improperly treated, stored, transported, disposed
of or otherwise managed.
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Because of its toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when released
into the environment.
A waste or combination of wastes which is identified or listed
as hazardous pursuant to 6 NYCRR Part 371, Identification and List
of Hazardous Wastes. Hazardous wastes include but are not limited
to petroleum products, organic chemical solvents, heavy metal sludges,
acids with a pH less than or equal to 2.0, alkalis with a pH greater
than or equal to 12.5, radioactive substances, pathological or infectious
wastes or any material exhibiting the characteristics of ignitability,
corrosivity, reactivity or which fails the toxicity characteristic
leaching procedure (TCLP).
A hospital, nursing home, medical clinic or office building
for doctors and other medical personnel, including any residential
facility in which the residents receive medical, nursing or other
care meeting the needs of daily living because of the residents' state
of health, including but not limited to assisted living, congregate
care and rehabilitation facilities.
A row of closely planted shrubs or low-growing trees forming
a fence or visual or physical boundary.
A home occupation may be allowed as an accessory use to any
principal residential use in the RA, RB or Lake Watershed District
and as provided elsewhere in this chapter. Any occupation or profession
which is consistent with the requirements of this chapter and is conducted
in a manner that is compatible with and not detrimental to neighboring
properties or to the residents of the Town of Cazenovia may be considered
a home occupation.
A home occupation must meet the following additional criteria:
The occupation or profession must be one which is customarily
conducted in a dwelling.
The occupation or profession must be carried on by a member
or members of the family who reside in the dwelling. No more than
one nonfamily member shall be allowed to work on the premises at any
one time.
The occupation or profession must be incidental and secondary
to the use of the dwelling and lot for residential purposes.
The occupation or profession must be carried on entirely within
the dwelling.
There shall be no exterior alteration of the structure, or exterior
display, or exterior storage, or other visible evidence of the operation
of the home occupation.
There shall be no signs or other visible evidence of the home
occupation.
There shall be no offensive odor, fumes, noise, vibration, dust,
heat, electrical interference, glare or other disturbance which interferes
with neighboring properties or the residents of the Town of Cazenovia
in any manner that is greater than that usually experienced in a residential
neighborhood of the Town of Cazenovia.
If all of the criteria stated in Subsections A(1) through (7)
are otherwise complied with, a home occupation will include, but will
not be limited to, an office in residence such as that of a physician,
dentist, lawyer, architect, accountant, engineer, insurance or real
estate salesperson, artist, musician, surveyor or manufacturer's representative,
and other occupations in residence such as dressmaking, handicrafts,
art crafts, crafts, catering, child care and musical instruction.
A contract between a developer and a local governing body,
whereby the developer agrees to provide the community with certain
negotiated benefits and mitigate specified impacts of the solar project.
[Added 5-9-2022 by L.L.
No. 3-2022]
A building used primarily to provide sleeping accommodations
for the transient public in which more than six rooms are available
for short-term rent.
Any surface which adsorbs less than approximately 50% of
stormwater which falls on it or crosses it. The following surfaces
are considered impervious by the Town of Cazenovia:
Concrete pavements, regardless of the amount of porosity or
perviousness of the concrete.
Asphalt pavements, regardless of the amount of porosity or perviousness
of the asphalt.
Driveways made with paving blocks, regardless of the porosity
or perviousness of the blocks or the spacing of the joints between
blocks.
Gravel and crushed stone.
Oil and stone pavements.
Rock outcroppings.
Roofs and gutters.
Pools with less than 4.5 inches of freeboard.
Hot tubs.
Patios and walkways made with bricks, pavers or flagstones,
regardless of the porosity or perviousness of the materials or the
amount of space between joints.
Wooden decks with tight joints such as ship lap or tongue and
groove.
Other surfaces which adsorb less than 50% of stormwater falling
into or crossing the surface at any time during the lifespan of the
material, based on the judgment of the Town Engineer.
The ratio between impervious surface and total land area
of a lot expressed as the percentage of land covered by impervious
surfaces.
An area determined by the New York Audubon Society to meet
one of three criteria: 1) a place where birds congregate in large
numbers at one time; 2) a place for species that are at risk; and/or
3) a place that supports groups of birds representing certain habitats
such as forests, wetlands, grasslands and shrublands.
[Added 5-9-2022 by L.L.
No. 3-2022]
A road constructed off of an existing public street that
provides access to the interior of a parcel.
The sum of the volumes of all enclosed habitable spaces on
all floors of a structure, including the interior volume of all rooms
(including bathrooms and kitchens), closets, pantries and hallways,
excluding cellars or unfinished basements. Interior volume of habitable
space is computed by multiplying the floor space of habitable areas
by the height of the actual enclosed space, and is expressed in cubic
feet.
Any worn-out, cast-off, discharged or neglected article or
material which is ready for destruction or has been collected or stored
for salvage or conversion to another use. "Junk" does not include
any article or material which, unaltered or unchanged and without
further reconditioning, can be used for its original purposes as readily
as when new or any article stored for restoration or display as part
of a bona fide hobby (such as antique automobiles, antique farm machinery,
antique engines, special interest automobiles, etc.).
Any motor vehicle, household or commercial furnishing, equipment
or assemblies or used parts or waste materials from such vehicles,
equipment or parts or other equipment which is:
Any area of land, including buildings thereon, which is used
primarily for the collecting, storage and sale of wastepaper, rags,
scrap metal or discarded material or for the collecting, dismantling,
storage and salvaging of machinery or vehicles not in running condition
and for sale of parts thereof.
Any use involving raising, feeding, caretaking, breeding
or otherwise keeping animals, excluding dogs, cats, horses, donkeys
and chickens, exclusively for noncommercial use by the owner or occupier
of the premises on which such animals are located and not kept as
part of a farm.
Any use involving hatching, feeding, caretaking or otherwise
keeping chickens for the exclusive, noncommercial use of the owner
or occupier of the premises on which such chickens are located and
not kept as part of a farm.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used; 1,000 kW is equal to one megawatt (MW).
[Added 5-9-2022 by L.L.
No. 3-2022]
The longest distance along two straight lines formed by connecting
the lot corners where they intersect the lake line with an intermediate
point (selected to maximize the length of the two lines) on the lake
line, not including man-made projections into the lake.
Manufacture, assembly, treatment or packaging of products
that does not emit objectionable levels of smoke, noise, dust, odor,
glare or vibration beyond the property boundaries.
A lot at the junction of and abutting on two or more intersecting
roads.
The property lines that bound a lot as defined herein.
Any legal building lot which has been established as such
by plat, survey record or deed prior to the date of this chapter as
shown on the records in the office of the Madison County Clerk.
An area of land with definite boundaries, all parts of which
are owned by the same person(s) or entities, the boundaries of which
were established either by the filing of an approved subdivision plat
or by the recording of a deed. Where a parcel is divided by a public
road, such division shall be deemed to create separate lots, even
if such lots do not have individual tax parcel numbers or have been
transferred in the same deed.
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot
and having access to the road via a strip of land that does not have
the minimum road frontage ordinarily required in the zoning district.
A lot which faces on two streets at opposite ends of the
lot, which is not a corner lot.
The shortest distance between the side lot lines, measured
at the front of the principal building, or at the building front yard
setback in the case of an undeveloped lot.
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to building electrical, plumbing and landscape contracting, arts instruction
or studio, business and educational services, catering, housecleaning
services, locksmith, document imaging, tailoring, data entry. "Low-impact
service business" does not include retail business, restaurants, warehouses,
auto repair or other uses separately listed in this chapter.
The use of lands as seasonal camping facilities consisting of seasonal luxury tents for overnight lodging with or without a related common lobby tent and which meets the requirements of Article XVIII, Additional Regulations for Certain Specified Uses, at § 165-82.5 herein.
[Added 5-13-2019 by L.L.
No. 3-2019]
A proposed use that requires a special permit or site plan
approval and that exceeds any of the thresholds for a minor project.
The transformation of raw materials into finished goods for
sale, or intermediate processes involving the production or finishing
of semi-manufactures. It is usually accomplished by means of a large-scale
industrial operation with the use of industrial machines. Specifically
excluded from this definition is any facility with a process or manufacturing
procedure that creates a fuel or generates power that is exported
from the facility.
Animal feces and urine.
A facility constructed as an accessory use to a legally established
animal husbandry use, public or private stable or kennel intended
or used to collect, hold, process, store, treat or distribute animal
solid and/or liquid waste, including by way of example storage tanks,
lagoons, seepage pits, drains and collection systems, composting pads
and storage containers intended to handle waste. Such use shall require
site plan approval.
Any installation which provides any commercial accommodations
or facilities for watercraft, including mooring, docking, storing,
leasing, sale or servicing.
A unit of electrical power equal to 1,000 kilowatts, which
constitutes a unit of electrical demand.
[Added 5-9-2022 by L.L.
No. 3-2022]
See "open pit mining."
A use or combination of uses on a lot or a series of adjoining
lots that requires either site plan review or a special use permit
and that, over a fifteen-year period, does not exceed any of the following
limits:
Construction of four multifamily dwelling units or a boardinghouse
or lodging facility with six bedrooms.
Construction of facilities or structures for a nonresidential
use covering no more than 12,000 square feet of building footprint.
Alteration of existing structures or expansion of such structures
by no more than 12,000 square feet.
Conversion of existing structures totaling 12,000 square feet
or less to another use.
Alteration and active use of 43,560 square feet or less of land
with or without structures.
Any combination of residential, commercial or industrial
uses on the same lot or in the same building.
A transportable living unit (which is no older than 15 years)
used or designed to be used year round as a permanent residence and
containing the same types of water supply, waste disposal and electrical
systems as immobile housing. Motor homes designed to be driven or
towed by an automobile or motor vehicle, units designed for use principally
as a temporary residence, or prefabricated, modular or sectionalized
houses transported to and completed on a site are not considered to
be mobile homes. Mobile homes older than 15 years may not be added
to a lot.
Any court, park, place, lot or parcel under single ownership
which is improved for the placement of two or more mobile homes to
be used as permanent residences.
An area for the placement of one or more mobile homes, trailer
homes or house trailers intended to be used for permanent or semi-permanent
residency, whether for sale or lease.
Any single-family dwelling unit which is manufactured in
whole or in components at a place other than the location where it
is to be placed; which is assembled in whole or in components at the
location where it is to be permanently located; which rests on a permanent
foundation or slab; which does not have wheels or axles affixed as
a part of its normal construction; and which does not require a license
by any agency as a motor vehicle, special equipment, trailer, motor
home or mobile home.
A building or group of buildings containing individual sleeping
units, each with direct out-of-door access, and designed primarily
to serve automobile travelers.
Any Town of Cazenovia or Village of Cazenovia building or
other facility used for governmental purposes and any fire station.
Native wildflowers and grasses that serve as habitat, forage,
and migratory way stations for pollinators and shall not include any
prohibited or regulated invasive species as determined by the New
York State Department of Environmental Conservation.
[Added 5-9-2022 by L.L.
No. 3-2022]
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar energy system and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
A lot which does not comply with the area, shape, frontage
or locational provisions of this chapter for the district in which
it is located.
A structure which does not satisfy the dimensional requirements
of this chapter, including impermeable surface coverage requirements,
for the district in which it is located, but which was not in violation
of applicable requirements when constructed.
Any use lawfully existing prior to and at the time of the
adoption or amendment of this chapter or any preceding zoning law
or ordinance, which use is not permitted by or does not conform to
the permitted use provisions of this chapter for the district in which
it is located. A preexisting lawful use which is allowed only by special
use permit under this chapter shall be considered a nonconforming
use until such time as a special use permit is granted for it.
A dwelling or dwelling unit, including associated appurtenant
facilities, used for transient occupancy by one or more guests, boarders
or tenants, where no record owner of the property is residing on the
premises and no record owner of the premises is physically present
upon the premises during the transient occupancy, and whether or not
meals or cooking facilities are provided for the guests, boarders
or tenants, but excluding hotels and motels and approved bed-and-breakfast
uses. Non-owner-occupied transient occupancy lodging is prohibited
in the Town of Cazenovia.
[Added 5-13-2019 by L.L.
No. 2-2019]
Any operation engaged in the production of any agricultural
plan to produce trees, shrubs, bushes, sod, flowers, ferns, plants
or associated products that will be used in another location. Such
use shall only be allowed in the Rural B (RB), New Woodstock Central
Business Overlay (NWCBO), Commercial Overlay (CO), Industrial Overlay
(IO) and Village Edge Overlay (VEO) Districts and shall be subject
to the issuance of a site plan approval from the Planning Board and
a special use permit from the Zoning Board of Appeals.
A building used for the treatment or other care of human
ailments, which term includes a sanitarium, sanatorium, clinic, rest
home and convalescent home.
A use that is devoted exclusively to business, nonprofit
or professional services.
The newspaper or newspapers designated by the Town for the
publication of official notices of meetings and public hearings.
Use of a parcel of land or contiguous parcels of land, or
portions thereof, for the purpose of extracting and selling stone,
sand and/or gravel, not including the process of preparing land for
construction of a structure for which a building permit has been issued.
An area of land not developed with structures and used for
recreation, agriculture, lawn or forestry or left in its natural state.
Land used for the keeping of goods, wares, equipment or supplies
outside of a structure. In general, all outdoor storage is prohibited
in the Town of Cazenovia except where specifically allowed.
A specially permitted use occurring in an existing one-family
dwelling or dwelling unit, including associated appurtenant facilities,
used for transient occupancy by one or more guests, boarders or tenants,
with at least one record owner of the property residing on the premises
and physically present upon the premises during the nighttime hours
(7:30 p.m. to 7:30 a.m.) of the transient occupancy, and whether or
not meals (breakfast) are provided for the guests, boarders or tenants,
but excluding hotels and motels. See also "bed-and-breakfast."
[Added 5-13-2019 by L.L.
No. 2-2019]
The net area needed for parking one automobile.
A fixed structure projecting from or along the shore into
the water of Cazenovia Lake with elements attached to the lake bottom,
or any structure that remains in the lake for more than eight months
of the year, including floating docks, piers and wharves used as a
berthing place for boats. An articulating dock, which is attached
to the shore year round and projects into the lake for only part of
the year, shall be deemed to be a permanent dock.
Land, place, structure, facility or building provided by
any person for a fee, whether or not for profit, to veterinarians
or members of the general public for use, or reservation for use,
for the permanent interment or interment above or below ground of
pet remains.
Any land, place, structure, facility or building provided
by any person for a fee, whether or not for profit, to veterinarians
or members of the general public for the cremation of pets.
Any petroleum-based oil of any kind which is liquid at 20°
C. under atmospheric pressure and has been refined, re-refined or
otherwise processed:
A map or plan submitted to the Planning Board as part of an application for subdivision approval. (See Chapter 146, Subdivision of Land.)
A map or plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions and submitted with an application for a minor
project special permit or a variance.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
[Added 5-9-2022 by L.L.
No. 3-2022]
Any tower or antenna for which a legal building permit was
issued and which was constructed in existence as of December 1, 2006.
A lot, together with all the structures and uses thereon.
Soils and land that are best suited for producing food, feed,
forage, fiber, and oilseed crops, and must be available for this use.
Such soils have the soil quality, growing season, and moisture supply
needed to economically produce a sustained high yield of crop when
it is treated and managed according to acceptable farming methods.
Prime farmland may now be in crops, pasture, woodland, or other land,
but not in urban and built-up land or water areas. [As referenced
by the 2019 Madison County Agriculture and Farmland Protection Plan;
lands designated as "prime farmland" in the U.S. Department of Agriculture
Natural Resources Conservation Service's (NRCS's) Soil Survey Geographic
(SSURGO) Database on Web Soil Survey; and Class I and Class II soil
classifications found in the Madison County Planning Department Soil
Classification Map of Madison County (September 2007).]
[Added 5-9-2022 by L.L.
No. 3-2022]
A road built to a minimum standard as required by the Town
but not owned by or dedicated to the Town.
Any waste generated by industrial, commercial or mining operations
that by virtue of some use, process or procedure no longer meets the
manufacturer's original product specifications.
The facilities of any person, firm, corporation, municipality
or municipal board duly authorized under state or municipal regulations
to furnish to the public, within the Town, electricity, gas, communications,
water, drainage and flood control. Specifically excluded from this
definition is any facility with a process or manufacturing procedure
that creates a fuel or generates power that is exported from the facility.
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
Commercial excavation and extraction of soil, sand, stone,
gravel, minerals or other natural materials and substances from land.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials which are exempt from licensing and regulatory control pursuant
to regulations of the New York State Department of Labor or the United
States Nuclear Regulatory Commission.
A business and/or club which, for compensation and/or dues,
offers recreational services, including but not limited to marinas,
boatyards, ski resorts, miniature golf, movie theaters, public museums
and other places of public or private entertainment.
A church, synagogue or other place of religious worship,
as well as a monastery or other place of religious retreat.
See "dwelling unit."
A use of land and structures in which people live and sleep
overnight on a regular basis.
A building or portion thereof where greater than 1,000 square
feet thereof is utilized for the sale, preparation and/or consumption
by the public, on and/or off the premises, of food and/or beverages,
whether or not alcoholic.
An establishment selling goods to the general public for
personal and household consumption, including but not limited to an
appliance store, baker, drugstore, florist, grocer, hardware store,
liquor store, newsstand, shoe store, stationery store and variety
store.
The board that grants a special use permit, variance, site
plan or subdivision approval.
An establishment where one or more of the following occur:
More than four horses are kept for riding, driving or horseback
riding lessons, for compensation or incidental to the operation of
any club, association, resort, riding school, ranch or similar establishment;
Public riding events or horse shows are held, for which an entrance
fee is charged; or
An indoor riding ring is used for giving horseback riding lessons
or holding events or shows.
The distance along a street line measured at the front of
a lot.
A public or private way for pedestrian and vehicular traffic,
including an avenue, lane, highway or other way, and excluding a driveway
or common driveway.
A solar energy system in which solar collectors/panels are
mounted on the roof of a building or structure either as a flush-mounted
system or as panels fixed to frames which can be tilted to maximize
solar collection. Rooftop-mounted solar energy systems shall be wholly
contained within the limits of the building's or structure's roof
surface.
Any parabolic dish, antenna, or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, microwave or other electronic signals from space satellites. Such an antenna shall be considered a "structure" within the meaning of this Chapter 165 of the Town Code of the Town of Cazenovia, as amended.
The location of structures in such a manner that they are
not visible from a public road or any other public place during the
summer months and no more than partially visible in winter. Objects
or structures may be screened by topography, vegetation or other permitted
structures not required to be screened.
Any activity in a structure which is used and intended for
use primarily in the summer months, and which generally lacks central
heating or insulation. The occupancy of any habitable structure for
more than eight months of the year shall be considered year round
rather than seasonal.
Any man-made or non-natural (including newly introduced materials)
surface which adsorbs more than approximately 50% of the stormwater
which falls on it or crosses it. Semi-pervious surfaces shall be considered
50% impervious for the purpose of calculating the total impervious
cover of a site. The following surfaces are considered semi-pervious
by the Town of Cazenovia:
Wooden decks with loose joints of at least 1/8 inch.
Other man-made or non-natural (including newly introduced materials)
surfaces which adsorb more than 50% of the stormwater falling onto
or crossing the surface at any time during the lifespan of the material,
based on the judgment of the Town Engineer.
Living accommodations designed for and restricted to individuals
who are aged and where specific age limits are prescribed by public
or private regulatory or administration agencies.
The contents of a septic tank, cesspool or other individual
wastewater treatment work which receives domestic sewage wastes.
The distance in feet from a property line to a structure
on a lot.
The combination of human and household waste with water which
is discharged to the home plumbing system.
Any billboard, signboard, inscription, pennant or other material,
structure, exterior painting or device composed of lettered or pictorial
material that is intended for outdoor viewing by the general public
(including inside a window) and used as an advertisement, announcement
or direction.
The defined area of a building facade wall that is designed
and approved for the location of an attached sign(s).
The solid, semi-solid or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated controller-conversion electronics which has
a rated capacity of no greater than 25 kW for single-family residential
related use and no greater than 125 kW (for nonresidential and farm
applications) and which is intended to reduce on-site consumption
of utility power.
Space open to the sun and clear of overhangs or shade including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
A complete system of solar collectors, panels, controls,
energy devices, heat pumps, heat exchangers, and other materials,
hardware or equipment necessary to the process by which solar radiation
is collected and converted into another form of energy including but
not limited to thermal and electrical, stored and protected from dissipation
and distributed. For purposes of this article, a solar energy system
does not include any solar energy system of four square feet in size
or less.
A solar energy system or collection of solar energy systems
or area of land principally used to convert solar energy to electricity,
whether by photovoltaics, concentrating solar thermal devices or various
experimental solar technologies, with the primary purpose of supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider.
A device which converts solar energy into electricity and/or
heat.
[Amended 5-9-2022 by L.L. No. 3-2022]
The space between a solar energy system and the sun through
which solar radiation passes.
A device that stores energy from the sun and makes it available
in an electrical form.
Material as defined in 6 NYCRR Part 360, including any garbage,
refuse, sludge from a wastewater treatment plan, water supply treatment
plant or air pollution control facility and other discarded materials,
including solid, liquid, semi-solid or contained gaseous material,
resulting from industrial, commercial, mining and agricultural operations
and from community activities, but not including solid or dissolved
materials in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges that are point sources subject
to permit. Discarded materials that are being beneficially used pursuant
to 6 NYCRR 360-1.15 are not considered solid waste.
The Town Zoning Board of Appeals' authority to approve, modify
or disapprove a particular use identified in this chapter.
An accessory building where horses are kept for private use and not for hire, remuneration or sale. Such uses shall comply with § 165-82 of this chapter. For purposes of required pastureland, a pasture is open land which is suitable for and devoted to grazing, with no buildings, wells, septic systems or improvements.
A building where horses are kept for instruction, training, hire, remuneration or sale, including commercial horse boarding or commercial equine operations as defined by the Agriculture and Markets Law. Such uses shall comply with § 165-82 of this chapter.
The layout of a commercial use or uses in separated or common-wall
structures along a state highway, with more than one row of parking
located between the highway and the commercial building(s), where
parking is visible from the road. The provision of gasoline pumps
or other drive-up facilities in front of a building shall be contrasted
with village center development, which is characterized by two-story
or taller buildings set close together and close to the street (forming
a street wall that encloses the street), with a pedestrian orientation
(including sidewalks) and with all off-street parking located behind
or to the side of buildings.
A static construction of building materials set upon or affixed
to the ground or set upon or affixed to another structure, such as
a building, dam, display stand, gasoline pump, installed mobile home
or trailer, reviewing stand, shed, shelter, sign, stadium, storage
bin, hot tub, pool, fence or wall.
Any dock that is not a permanent dock.
A structure designated to support antennas. It includes,
without limitation, freestanding towers, guyed towers, lattice towers
and monopoles.
The engineer retained by the Town Board or the Planning Board
or other professional engineer qualified under the New York State
Education Law and authorized by the Town Board to perform work for
the Town.
The Town Law of the State of New York, Chapter 62 of the
Consolidated Laws.
Living and/or sleeping accommodations provided for compensation
and/or barter for any period of less than 30 consecutive calendar
days, counting any portion of a particular day as a full calendar
day. Bed-and-breakfasts shall be considered a type of transient occupancy.
[Added 5-13-2019 by L.L.
No. 2-2019]
The number of vehicle trips that begin or end at a land use
during a given period.
Any location where freight originates, terminates or is handled
in the transportation process or where carriers maintain operating
facilities, excluding the premises of shippers or receivers of freight.
The standardized permit and permit process utilized for streamlined
processing of small-scale solar installations of 25 kW or less.
[Added 5-9-2022 by L.L.
No. 3-2022]
The purpose for which any premises may be arranged, designed,
intended, maintained or occupied, or any occupation, activity or operation
conducted or intended to be conducted on a premises.
An installation used by a public utility to supply electric,
gas, water, cable television, telephone or other utility service.
Included are such facilities as electric unit substations, high-voltage
transmission lines, pump stations, water towers and telephone substations.
Utility distribution facilities serving customers directly are considered
customary accessory uses, not utility facilities.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
The sale and/or leasing of used and/or new self-propelled
vehicles, including automobile showrooms and used car lots.
The on-premises repair, maintenance, improvement and general
servicing of self-propelled vehicles, including gasoline service stations,
car wash facilities, body and fender shops, gas pumps and any and
all types of similar facilities, whether automatic or attendant managed.
See also "automobile service station."
A facility to diagnose and treat animal disease or disorders
or prevent animal diseases or disorders and may include the incidental
sheltering of treated animals.
Able to be seen by a person with normal vision on a clear
day where there is no foliage on deciduous trees.
A structure or structures in which materials, goods or equipment
are stored.
A business that provides storage areas to the public.
Aqueous-carried waste, including, but not limited to, dredge
spoil, solid waste, hazardous waste, incinerator ash and residue,
sewage, septage, garbage, refuse, sludge, chemical waste, infectious
waste, biological material, radioactive materials, heat and commercial,
industrial, municipal and agricultural waste.
The land areas that supply indirect sources of recharge to
the zone of contribution, including nonaquifer areas that contributes
surface water runoff, as well as aquifer areas contributing groundwater
discharge into the zone of contribution.
An area of land that is characterized by hydrophytic vegetation,
saturated soils or periodic inundation.
A machine that converts the kinetic energy in the wind in
a usable form (commonly known as a "wind turbine" or "windmill").
The wind energy conversion system or "WECS" includes all parts of
the system.
Any business established for the conversion of grapes or
other fruits and foods into wines, grown on the premises or consistent
with applicable New York State Alcoholic Beverage Control (ABC) Law,
Agriculture and Markets Law. A winery may also include a farm winery
licensed under the New York State Alcoholic Beverage Control (ABC)
Law and a farm operation subject to the requirements of the guidelines
of the New York State Department of Agriculture and Markets associated
with a farm operation subject to the requirements of the guidelines
of the New York State Department of Agriculture and Markets. Such
uses may also provide wine tasting, wine sales and sales of related
wine products. Such use shall require the issuance of a special use
permit by the Zoning Board of Appeals, site plan approval from the
Planning Board and, unless otherwise permitted pursuant to New York
State's ABC and Agriculture and Markets Laws, may only be established
in the Rural B (RB), New Woodstock Central Business Overlay (NWCBO),
Commercial Overlay (CO), Industrial Overlay (IO) and Village Edge
Overlay (VEO) Districts.
An open space on the same lot with a structure.
An open space extending across the full width of the lot
between the front building line and the street line.
An open space extending across the full width of the lot
between the lakeshore and the principal building.
An open space extending across the full width of the lot
between the rear lot line and the rear of the principal building nearest
the rear lot line.
That portion of any yard required to satisfy minimum yard
setbacks. No part of such yard can be included as part of a yard required
for structures on another lot.
An open space on the same lot with a principal building between
the principal building and side line of the lot and extending from
the front yard to the rear yard.
The land area overlying that portion of the local sand and
gravel aquifer where all recharge and groundwater directly flows toward
the pumping well(s).
The officially adopted Zoning Law of the Town of Cazenovia,
together with any and all amendments thereto, in accordance with Article
16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule
Law.
Chapter 165 of the Town Code of the Town of Cazenovia, as amended.
[1]
Editor's Note: See Real Property Law § 339-d et
seq.
