A.Â
All new land use activities (including any proposed
change to a nonconforming use) within the Town shall require site
plan review and approval pursuant to this chapter before being undertaken,
except the following:
(1)Â
Construction of a single one-family dwelling or addition
thereto and ordinary accessory structures on a previously subdivided
lot (i.e., a subdivision approved prior to the adoption of this chapter).
This exemption shall not apply to a single-family residence proposed
for construction on any ridgeline visible from any of the individual
six viewpoints identified in the most recently adopted Cazenovia Comprehensive
Plan.
(2)Â
Landscaping or grading which is not intended to be
used in connection with a land use reviewable under the provisions
of this chapter.
(3)Â
Ordinary repair or maintenance or interior alterations
to existing structures or uses.
(4)Â
Site plan approvals required elsewhere under applicable
Town of Cazenovia laws or regulations.
(5)Â
Facilities which have obtained a previously approved
DEC issued permit for mining.
B.Â
Any person uncertain of the applicability of this
chapter to a given land use activity may apply, in writing, to the
Planning Board for a written jurisdictional determination.
This chapter does not apply to uses and structures
which are lawfully in existence as of the date this chapter becomes
effective, but does apply to any change or modification of such use
affecting exterior characteristics of the use. Any use which would
otherwise be subject to this chapter that has been discontinued for
a period of two years or more shall be subject to review pursuant
to the terms of this chapter before such use is resumed. Any use or
structure shall be considered to be in existence, provided that the
same has been substantially commenced as of the effective date of
this chapter and fully constructed and completed within one year from
the effective date of this chapter.
This chapter in no way affects the provisions
or requirements of any other federal, state or local law, ordinance
or regulation. Where this chapter is in conflict with any other such
law, ordinance or regulation, the more restrictive shall apply.
A.Â
FAMILY
LAND USE ACTIVITY
ONE-FAMILY DWELLING
SHORELINE
STRUCTURE
STRUCTURE, ACCESSORY
As used in this chapter, the following terms shall
have the meanings indicated:
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family unit.
Any construction, demolition or other activity which changes
the use or appearance of land or a structure or the intensity of use
of land or a structure. "Land use activity" shall explicitly include
but not be limited to the following: new structures, expansions to
existing structures, new uses, changes in or expansions of existing
uses, roads, driveways and excavations for the purpose of extracting
soil.
A complete self-contained residential unit for permanent
habitation by one family only, and containing one or more rooms and
facilities for living, including cooking, sleeping and sanitary needs.
The mean high water mark of any lake, pond, river or permanent
creek or stream.
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds, signs, tanks and any fixtures, additions and alterations thereto.
Any structure designed to accommodate an accessory use but
detached from the principal structure, such as a freestanding garage
for vehicles accessory to the principal use, a storage shed, garden
house or similar facility.
B.Â
Any term used in this chapter which is not defined
hereinabove shall carry its customary meaning unless the context otherwise
dictates.