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HomeMy WebLinkAboutLocal Law 2018-7VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD • ITHACA • NY • 14850 (607) 257-1238 • FAX: (607) 257-4910 August 21, 2018 New York State Department of State Division of Corporations State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 1223 1 -0001 Enclosed is a copy of Local Law 7 of 2018. A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW SECTIONS 3.3, "DEFINTIONS," AND 5.3, "PERMITTED ACCESSORY BUILDINGS AND USES" IN THE RESIDENCE ZONE TO PERMIT THE KEEPING OF CHICKENS Please contact me if you have any questions. Thank you. Sincerely, Jeffrey D. Walker Village Clerk Police Dept. & Village Administration OFFICE HOURS 9 AM — 4;30 PM www.cayugo-heights.riy.us Local Law Filing County City Town (Select one:) of Villa6e of CavuQa Heights Local Law No. 7 of the year 2018 New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.nV.us/corps Cj Village A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW SECTIONS 3.3, "DEFINTIONS," AND 5.3, "PERMITTED ACCESSORY BUILDINGS AND USES" IN THE RESIDENCE ZONE TO PERMIT THE KEEPING OF CHICKENS Be it enacted by the Board of Trustees of the (Name of'Legislative Bodo County City Town =x Village (Select one.) of Village of Cayuga Heights as follows: See Attached Pages 3-5 2 VILLAGE OF CAYUGA HEIGHTS PROPOSED LOCAL LAW 7 OF THE YEAR 2018 A LOCAL LAW TO AMEND THE VILLAGE OF CAYUGA HEIGHTS ZONING LAW SECTIONS 3.3, "DEFINTIONS," AND 5.3, "PERMITTED ACCESSORY BUILDINGS AND USES" IN THE RESIDENCE ZONE TO PERMIT THE KEEPING OF CHICKENS Be it enacted by the Board of Trustees of the Village of Cayuga Heights as follows: SECTION I PURPOSE AND INTENT It is the intent of this Local Law to add to the permitted uses in the Residence Zone, as set forth in the Zoning Law (the "Zoning Law") of the Village of Cayuga Heights (the "Village') the use of keeping chickens. The final version of the Village's new Zoning Law. adopted as of February 6, 2018, did not include keeping chickens as a pennitted use, although this use was contemplated and discussed in prior proposed drafts of the Zoning Law. The Village's Board of Trustees has determined that the use of keeping chickens in the Residence Zone should be a permitted use in accordance with certain stated conditions, requirements and limitations. The purpose of this Local Law is to add this permitted use and these conditions, requirements and limitations by adding such provisions to Zoning Law Section 5.3 and by adding two definitions to Zoning Law Section 33. SECTION II AUTHORITY This Local Law is enacted pursuant to the grant of powers to local governments provided in Section 10 of the Municipal Home Rule Law to adopt and amend local laws not inconsistent with the provision of the New York State Constitution and not inconsistent with any general law relating to its property, affairs, government or other subjects provided for in said Section 10 of the Municipal home Rule Law. SECTION III AMENDMENT OF ZONING LAW SECTION 3.3. "DEFINTIONS" The two following definitions are hereby added to Zoning Law Section 3.3, ``Definitions": COOP, CHICKEN An enclosed, raised structure for housing and sheltering chickens that is designed to be predator proof, ventilated, watertight, and easily accessed and cleaned, with a minimum of four (4) square feet per chicken and a maxinnum size of thirty (30) square feet. RUN, CHICKEN An enclosed, fenced area for containing and allowing chickens to roam and eat that is designed to be predator proof and easily accessed and cleaned, with a minimum area of ten (10) square feet per hen. SECTION IV AMENDMENT OF ZONING LAW SECTION 5.3, "PERMITTED ACCESSORY BUILDINGS AND USES" IN THE RESIDENCE ZONE, The following text is hereby added to Zoning Law Section 5.3, "Permitted Accessory Buildings and Uses" in the Residence Zone, as subsection "K"' thereof: K. The keeping of chicken hens (hens), but no roosters nor other type of poultry, for personal use only, subject to the following conditions: 1. A maximum of six (6) hens per property; 2. Hens must be kept in an enclosed coop that is locked every night with a minimum enclosed coop size of four (4) square feet per hen and a maximum coop size of thirty (30) square feet; 3. Hens shall have access to a run which must be fenced with a minimum run size area of ten (10) square feet per hen; 4. Coops and runs shall be located in a side or rear yard with a minimum setback of twenty-five (25) feet from the lot line; 5. All dead, diseased, or severely ill hens shall be properly disposed of immediately; 6. Cruel treatment of hens is prohibited; 7. Any coop, run, and fencing deemed to be in poor condition by the Village's Code Enforcement Officer must be repaired as soon as possible; S. Hen feces not properly disposed of and any objectionable odor shall be considered health hazards and must be remedied immediately; 4. Hens may not run loose outside the coop or run. SECTION V SUPERSEDING EFFECT All Local Laws, Articles, resolutions, rules, regulations and other enactments of the Village of Cayuga Heights in conflict with the provisions of this Local Law are hereby superseded to the extent necessary to give this Local Law full force and effect. Without limiting the foregoing, to any extent that the terms of the Zoning Law of the Village of Cayuga Heights are deemed to be in conflict with the requirements of this Local Law, the terms of this Local Law shall govern and control. SECTION VI PARTIAL INVALIDITY. In the event that any portion of this Local Law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 4 SECTION VII EFFECTIVE DATE. This Local Law shall be effective immediately upon tiling in the office of the New York State Secretary of State, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Village Clerk, and showing the date of its passage and entry in the Minutes of the Village Board of Trustees. I hereby certify that the local law annexed hereto, designated as local law No. 7 of 2018 of the Village of Cavuqa Heights was duly passed by the Board of Trustees on August 21, 2018, in accordance with the applicable provisions of law. .1, Clerk of/(h illage Clerk of Cayuga Heights (SEAL) Date: Auq ust 21, 2018 STATE OF NEIN YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoincal law contains the correct text and that all proper proceedings have been had or taken for the en�dtm nt of the local law annexed hereto_ IX -1 /Sture Village Attornev Title Villaae of Cavuqa Heights Date: Auqust 21, 2018 5