Pursuant to the authority conferred by Article
7 of the Village Law of the State of New York, the Board of Trustees
of the Village of Canastota hereby amends the Zoning Chapter of the
Village to read as follows:
This chapter shall be known as the "Zoning Ordinance
of the Village of Canastota, New York," as amended 1972.
A.
The purposes of this Zoning Chapter, regulations and
zoning districts as outlined on the Zoning Map are to provide for
orderly growth in accordance with a Comprehensive Plan; to lessen
congestion in the streets; to secure safety from fire, flood and other
dangers; to provide adequate light and air; to prevent overcrowding
and to avoid undue concentration of population; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public requirements; and to promote the health, safety and
general welfare of the public.
B.
The Zoning Chapter, regulations and zoning districts
have been made with reasonable consideration, among other things,
as to the character of each district and its peculiar suitability
for particular uses and with a view to conserving the value of buildings
and encouraging the most appropriate use of land.
Except as hereinafter provided, no building
or structure shall be erected, moved, altered or extended and no land,
building or structure or part thereof shall be occupied or used unless
in conformity with the regulations specified for the district in which
it is located. Nothing herein contained shall require any change in
plans or construction of a building for which a building permit has
been issued.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision.
As used in this chapter, the following words
shall have these meanings:
A use or building customarily incidental and subordinate
to principal use or building and located on the same lot.
A specially permitted commercial use conducted by the owner-occupant
of a residential dwelling by which a limited number of adults are
provided with nonmedical services for a limited period of time during
any given day, the hours of which are controlled by the permit for
the use. The use shall be secondary to the primary use of the dwelling
as the residence of the owner-occupant. The use shall not change the
character of the dwelling as a residence. With the exception of a
single sign, there shall be no exterior evidence of such use. The
use may only include custodial care, companionship, support and supervision
of adults for a limited period each day, thereby providing relief
to the adults’ primary caregivers.
[Added 2-2-2009 by L.L. No. 4-2009]
Land containing at least two acres which is used for raising
livestock or agricultural products, including farm structures and
storage of agricultural equipment; riding and boarding stables; and,
as an accessory use, sale of agricultural products raised on the property.
Structural change, rearrangement, change of location or addition
to a building, other than repairs and modification in building equipment.
A dwelling unit with provisions for maximum of one bedroom,
maximum occupancy of two persons. The same shall include studio apartments
which are maximum of two rooms per unit. The average population density
permitted will not be inconsistent or incompatible with that of the
surrounding neighborhood.
A story partly underground. A "basement" shall be counted
as a story if vertical distance between basement ceiling and average
grade level of adjoining ground is more than six feet.
An owner-occupied dwelling wherein more than three people
are sheltered for profit.
A structure having a roof supported by columns or walls and
intended for shelter or enclosure of persons, animals or chattels.
The total areas taken on a horizontal plant at main finished
grade level of principal building and all accessory buildings exclusive
of uncovered porches, terraces and steps. All dimensions shall be
measured between exterior faces of walls.
The line parallel to front lot line transecting that point
in building face which is closest to front lot line. This face includes
porches but does not include steps.
The vertical distance measured from average elevation of
proposed finished grade at front of building to highest point of roof
for flat and mansard roofs, and to average height between eaves and
ridge for other types of roofs.
Land on which are located one or more cabins, trailers, shelters,
houseboats or other accommodation for seasonal or temporary living
purposes, excluding mobile homes.
A building or use catering exclusively to club members and
their guests for recreational purposes, and not operated for profit.
Includes YMCA, YWCA, YMHA, fraternity, sorority, lodge, religious
and similar clubs which may have dormitory accommodations.
A meeting hall, place of assembly, museum, art gallery or
library not operated primarily for profit.
That percentage of lot area covered by building and/or structure
area, excluding swimming pools.
[Amended 6-9-1977 by L.L. No. 2-1977]
A building or use where a product is sold to or a service
performed for customers while they are in or near their motor vehicle.
Land use for disposal by abandonment, dumping, burial, burning
or any other means of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
A building used as living quarters by three or more families
living independently of each other.
A detached building used as living quarters by one family.
A building used as living quarters by two families living
independently of each other.
A building or part thereof used as living quarters for one
family. The terms "dwelling," "one-family dwelling," "two-family dwelling"
or "multiple-family dwelling" shall not include a motel, hotel, boardinghouse,
tourist home, mobile home, camp or similar structure.
A parcel with a principal structure thereon, used for the
rental, sale and display/storage of equipment, including the servicing
of such equipment.
[Added 10-17-2022 by L.L. No. 6-2022]
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit, provided that
unless all members are related by blood, marriage or adoption, no
such single housekeeping unit shall contain more than five unrelated
members.
A facility licensed by the New York State Liquor Authority
as a "farm brewery." A farm brewery is limited to a production of
no more than 75,000 finished barrels annually.
[Added 4-17-2023 by L.L. No. 3-2023]
A barrier forming a boundary to or enclosing some area, constructed
of two posts with railings, boards or wire in between.
[Added 5-3-1999 by L.L. No. 4-1999]
A general and temporary condition or partial or complete
inundation of normally dry land areas from the overflow of streams
or other inland areas of water or abnormally high water resulting
from severe storms or hurricanes.
That maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years (i.e., that has a one-percent
chance of being flooded each year.)
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and land use and control measures.
A land area adjoining a stream which is likely to be flooded.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
The one-hundred-year flood elevation.
The channel of a watercourse and the adjacent land areas
required to carry and discharge a flood of a given magnitude.
A building or land used for sale of motor fuel, oil and motor
vehicle accessories, and which may include facilities for lubricating,
washing or servicing vehicles, but not including painting or body
repairs.
That part of the fence that is considered the finished side
which does not include the structural members. (For this definition,
a chain link fence has two good sides).
[Added 5-3-1999 by L.L. No. 4-1999]
The accessory use of a service character conducted within
a dwelling by residents thereof, which is clearly secondary to dwelling
use for living purposes and does not change the character or have
any exterior evidence of such use and which conforms to the following
additional conditions. Home occupation shall be carried on wholly
within the principal or accessory building. No person outside the
family shall be employed. There shall be no exterior storage of materials
used in the occupation. "Home occupation" includes antique sales,
babysitting, cooking, drafting, dressmaking, furniture refinishing,
laundering, upholstering, art, photography and electrical, radio and
television repair. "Home occupation" shall not include a barbershop,
beauty parlor, animal hospital, commercial stable or kennel, convalescent
home, mortuary, music or dancing instruction to groups, restaurant,
garage or repair of motor vehicles, and other trades and businesses
of similar nature.
A sanitarium, clinic, rest home, nursing home, convalescent
home, home for aged and any other place for diagnosis and treatment
of human ailments.
Land or building used for collecting, storage or sale of
wastepaper, rags, scrap metal or discarded material, or for collecting,
wrecking, dismantling, storing, salvaging or sale of machinery parts
or vehicles not in running condition.
Land or building used for harboring four or more dogs over
six months old.
Off-street space at least 12 feet wide by 40 feet long used
for temporary location of one licensed motor vehicle. Such space shall
have access to a street or alley.
Land occupied or which may be occupied by a building and
its accessory uses, together with such open spaces as are required,
having not less than minimum area, width and depth required for a
lot in the district in which such land is situated and having frontage
on a street or other means of access as may be determined by the Planning
Board to be adequate, as a condition of issuance of a building permit
for a building.
Total area within property lines, excluding any part thereof
lying within the boundaries of a street or proposed street.
Lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street shall be considered a "corner lot" if tangents to the curve
at points of intersection of side lot lines intersect at an interior
angle of less than 135°.
Horizontal distance from street line of the lot to its opposite
rear line, measured at right angles to the building front line.
The distance measured across width of the lot at the required
building front line.
A facility licensed by the New York State Liquor Authority
as a "microbrewery." A microbrewery is limited to a production of
no more than 75,000 finished barrels annually.
[Added 4-17-2023 by L.L. No. 3-2023]
A movable living unit with or without wheels, whether on
a foundation or rigid support, capable of being used for living quarters
year-round and not built to the State Building Construction Code one-family
dwelling regulations. A mobile home shall contain at least 380 square
feet of floor area. A prefabricated dwelling built to State Construction
Code regulations shall not be considered a mobile home.
Land on which two or more mobile homes are parked, or which
is used for the purpose of supplying to the public a parking space
for two or more mobile homes.
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or more
in width or 40 body feet or more in length or, when erected on a site,
is 500 or more square feet and which is built on a permanent chassis
and designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities, and includes
the plumbing, heating, air conditioning and electrical systems contained
therein. Mobile homes shall be constructed in accordance with regulations
set forth in the Compilation of Federal Regulations (CFR), Title 24,
Housing and Urban Development, Chapter XX, Office of Assistant Secretary
for Housing - Federal Housing Commissioner, Department of Housing
and Urban Development, Part 3280, Manufactured Mobile Home Construction
and Safety Standards.
[Added 10-9-1985 by L.L. No. 5-1985]
The use of land or structure which does not comply with all
regulations for the district in which it is located, where such use
conformed to all applicable laws, ordinances and regulations prior
to enactment or amendment of this chapter.
The highest level of flood that, on the average, is likely
to occur once every 100 years. (i.e., that has a one-percent chance
of occurring each year).
The person or persons holding title to the property.
A space used for the temporary location of a motor vehicle,
which space is at least nine feet wide and 18 feet long, not including
any access driveway area, and having direct access to a public street,
or other such other access to a street as may be approved by the Planning
Board. All parking spaces shall have a surface composed of not less
than four inches of asphalt paving, concrete or crushed stone.
[Amended 9-7-2016 by L.L.
No. 3-2016]
A residence in which the occupant has a professional office
which is clearly secondary to one-family dwelling use for living purposes
and does not change the residential character, and where not more
than one person outside the family is employed.
A church, temple, parish house, convent, seminary and retreat
house.
One-family dwelling, two-family dwelling, multiple-family
dwelling, professional residence and mobile home.
Enclosed restaurant, store for sale of retail goods, personal
service shop and department store; excludes any drive-up service,
freestanding retail stand, gasoline service and motor vehicle repair
service, new and used car sales and service, trailer and mobile home
sales and service.
Parochial, private and public school, college, university,
and accessory uses; excludes commercially operated schools of beauty
culture, business, dancing, driving, music and similar establishments.
Any device, structure, building or part thereof for visual
communication used for the purpose of bringing the subject thereof
to the public's attention.
A sign which directs attention to a business, industry, profession,
service, commodity or entertainment conducted, sold or offered elsewhere
than upon the same lot.
A sign which directs attention to a business, industry, profession,
service, commodity or entertainment sold or offered upon the same
lot on which it is displayed, including "for sale" or "for rent" signs.
A type of sign more than 30 inches in height utilizing fabric
susceptible to movement with the wind containing words or distinctive
coloring, patterns, symbols, or any combination thereof which draw
attention to one or more products, property, services, accommodations,
attractions or activities offered for sale or hire.
[Added 8-6-2018 by L.L.
No. 4-2018]
A type of sign, including but not limited to balloons, which
is internally supported, continuously or intermittently, by the use
of air, helium or any other gas, whether sealed within the sign, or
whether the air or gas is pumped or pushed into the sign utilizing
a fan or blower.
[Added 8-6-2018 by L.L.
No. 4-2018]
A type of temporary sign which consists of a two-faced, rigid
frame sign hinged at the apex and designed to be self-supporting when
extended, and to be folded into a sandwich position when transported
or stored.
[Added 8-6-2018 by L.L.
No. 4-2018]
A sign which is portable and not permanently affixed to the
ground, the sidewalk, a building or any other structure, which is
capable of being placed and/or removed by a person without using tools
and is generally placed near a street, or otherwise in a location
intended to attract the attention of passing pedestrians and/or motorists.
Examples of temporary signs include, but are not necessarily limited
to, "for sale," "for rent" and yard/garage sale signs, political signs,
and signs advertising an event or gathering.
[Added 8-6-2018 by L.L.
No. 4-2018]
Public way for vehicular traffic which affords principal
means of access to abutting properties.
Right-of-way line of a street as dedicated by a deed or record.
Where the street width is not established, the street line shall be
considered to be 30 feet from center line of street pavement.
Anything constructed or erected the use of which requires
attachment to the ground by means of a footing, support or anchor,
but not including ground-level patios and terraces without roofs or
walls, driveways, sidewalks or other similar installations.
[Added 6-9-1977 by L.L. No. 2-1977]
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming or bathing and constructed, installed or maintained in or
above the ground outside any building. A swimming pool shall be deemed
a structure for all purposes under the provisions of this chapter.
[Adopted 6-9-1977 by L.L. No. 2-1977]
An owner-occupied dwelling in which overnight accommodation
is provided for transient guests for profit.
A vehicle capable of being used as seasonal sleeping or living
quarters, not exceeding 380 square feet in floor area, whether self-propelled
or towed, or a camper body mounted on a motor vehicle. "Trailer" shall
also include any vehicle which may be towed and capable of being used
for carrying goods, equipment, machinery or recreation vehicles or
as a site office.
A building containing two separate dwelling units, each situate
on its own lot having a common wall.
[Added 4-6-2006 by L.L. No. 2-2006]
A use specifically allowed in the district, excluding illegal
and nonconforming uses.
Space on a lot not occupied with a building. Porches shall
be considered as part of the main building and shall not project into
a required yard.
The yard between the front lot line and front line of a building
extended to side lot lines. Depth of front yard shall be measured
from a street line to front line of building.
The yard between the rear lot line and rear line of a building
extended to side lot lines. Depth of rear yard shall be measured from
rear lot line to rear line of building.
The yard between the principal building or accessory building
and a side lot line, and extending through from front yard to rear
yard.
