HomeMy WebLinkAbout2018_0116_Zoning_Ordinance_RevisionVillage of Cayuga Heights Zoning Law (DRAFT) January 16, 2018
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ZONING
Village of Cayuga Heights Zoning Law
[Date]
HISTORY
Adopted by the Trustees of the Village of Cayuga Heights [Date] by L.L.
No. XXX - [Year].
Article 1. Title
§ 1.1. Title.
This Local Law shall be known as the "Village of Cayuga Heights Zoning
Law.”
Article 2. Purpose and Intent
§ 2.1. Purpose and Intent.
The intent of this Local Law is to promote and protect the public health,
safety, and general welfare in the Village of Cayuga Heights pursuant to
the laws of the State of New York and the Village’s Comprehensive Plan by
classifying and regulating the uses of land and structures within the
Village so as to preserve the natural, architectural, cultural, historic,
and scenic resources that make the Village a distinctive residential
community while also accommodating change. Among other purposes, the
purposes of this Local Law are to:
A. Secure safety from fire and other dangers;
B. Facilitate the adequate provision of transportation, water, sewage
disposal, schools, parks, and other public amenities;
C. Provide standards for orderly development;
D. Maintain and protect the value of property;
E. Ensure compatibility between land uses and protect existing land
uses from intrusions by inharmonious or harmful land uses;
F. Prevent the overcrowding of land and undue concentration of
population;
G. Reduce traffic congestion and create a more pedestrian and bicycle
friendly environment. Article 3. Terminology
§ 3.1. Word usage.
For the purposes of this Local Law certain terms and words shall be
interpreted as follows:
A. Unless otherwise specifically defined herein or otherwise
indicated, all words used in this Local Law shall carry their customary
meanings;
B. Words used in the present tense include the future;
C. The plural usage includes the singular, and the singular usage
includes the plural;
D. The word "shall" is mandatory;
E. The word "may" is permissive;
F. The word "lot" includes the word "plot" or "parcel;"
G. The words "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged, or designed to be used or
occupied;"
H. The words "he" or "she" includes all genders and in both instances
includes the word “it.”
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§ 3.2. Controlling regulation.
Where provisions of this Local Law impose greater restrictions or a
higher standard than those set forth in any other applicable statute,
ordinance, law, or regulation of the Village of Cayuga Heights or the
State of New York, the provisions of this Local Law shall be controlling.
When the provisions of any other applicable statute, ordinance, law, or
regulation of the Village of Cayuga Heights or the State of New York
impose greater restrictions or a higher standard than this Local Law, the
provisions of such other statute, ordinance, law, or regulation shall be
controlling.
§ 3.3. Definitions.
When used in this Local Law, the following words and terms shall have the
following meanings unless the context otherwise requires:
ACCESSORY APARTMENT
A secondary self-contained dwelling unit located within a one-family
residence, which secondary unit is subordinate in location, and
appearance to the primary unit, and which secondary unit includes
kitchen, sleeping, and bathroom facilities, does not exceed fifty percent
(50%) of the floor area of the primary dwelling unit, and has a minimum
floor area of three hundred and fifty (350) square feet. A one-family
residence with a secondary self-contained accessory apartment is
identified by the Tompkins County Department of Assessment as a “two
family residence.”
ACCESSORY BUILDING
A detached building subordinate and incidental to the principal building
on the same lot and used for purposes customarily accessory to those of
the principal building.
ACCESSORY USE
An activity or land use found on the same lot as a principal land use
that is incidental to, subordinate to, and customarily associated with
the principal land use.
ADULT CARE FACILITY
An establishment that for compensation provides residential care and
services to adults who, by reason of choice, physical, or other
limitations associated with age, physical or mental disabilities or other
factors, are unable or substantially unable to live independently or
choose not to live independently. Such establishment includes an adult
care facility as defined in the New York Social Services Law which has
received and continues to maintain a validly issued operating permit as
an adult care facility from New York State Department of Social Services
or the Tompkins County Department of Social Services. Such definition
also includes retirement homes and communities which provide residences
for the elderly with some supportive services.
ADULT DAY-CARE FACILITY
An establishment that for compensation provides day-care services to
adults who, by reason of physical or other limitations associated with
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age, physical or mental disabilities or other factors, are unable or
substantially unable to live independently without supervision.
ADULT HOME
An adult care facility established and operated for the purpose of
providing long-term residential care, room, board, housekeeping, personal
care, and supervision to five (5) or more adults unrelated to the
operator and complying with the standards contained in the New York State
Social Services Law § 487.
AFFINITY HOUSE
A residential facility where unrelated individuals live together in an
intentional community guided by shared values, needs, interests, or
activities, and share a single-family home with a common kitchen,
sanitary facilities, and other common living facilities.
ALTERATION
A. As applied to a building or structure:
(1) An enlargement by increasing in height or by extending on a side,
front, or back;
(2) Moving from one location or position to another;
(3) Any change to, addition to, or removal of the structural parts; or
(4) Any change to, addition to, or removal of partitions, or any change
in walls, ceilings, windows, or doors.
B. The term "alter," in its various modes and tenses and its participial
form, refers to the making of an alteration.
BANKFULL
The condition where streamflow just fills a stream channel up to the top
of the bank and at a point where the water begins to flow over its bank.
BASEMENT
That space of a building where the floor is partly or entirely below
grade, which has at least one half (1/2) of its height, measured from
floor to ceiling, above the average finished grade of the ground
adjoining the building.
BED-AND-BREAKFAST
A building originally built and used as a residence other than a hotel or
motel in which accommodations for transients are regularly offered for
compensation and which accommodations include provision of no more than
one (1) meal daily, and the entire service, food and lodging are included
in a single, per diem rate.
BERM
A mound of earth used for decorative, screening, or buffering purposes.
BLOCK
An area of land bounded on all sides by streets, rights-of-way, water
bodies, and/or other well-defined geographic features.
BOARDING HOUSE
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A multiple dwelling or other residential structure in which lodging
facilities and meals are supplied for compensation, over an extended
period of time, and where there are no single overnight stays by
transient guests. The term "boarding house" shall include "rooming
house,” “furnished room house,” and "tourist house.” This term shall not
include “fraternity,”“sorority,” “student dormitory,” "student
cooperative," or "bed and breakfast."
BUILDING
Any structure used for, or intended for supporting or sheltering, any use
or occupancy.
BUILDING CODE
The New York State Uniform Fire Prevention and Building Code (9 NYCRR
Part 600 et seq.), as amended from time to time, and any successor
regulations, laws, or codes.
BUILDING COVERAGE
See Lot Coverage.
BUILDING PERMIT
A certificate issued by the municipal official charged with the
enforcement of the Uniform Fire Prevention and Building Code (Building
Code) in the municipality that must be issued before activities such as
construction, alteration, or expansion of buildings or improvements on
the land may legally commence.
CARPORT
A one-story roofed structure permanently open on one (1) or more sides
and designed for and used for occupancy by a motor vehicle.
CATERER
A person or enterprise that for compensation prepares food for
consumption predominantly at premises other than the location of the
business.
CELLAR
That space of a building where the floor is partly or entirely below
grade, which has more than half of its height, measured from floor to
ceiling, below the average finished grade of the ground adjoining the
building.
CERTIFICATE OF OCCUPANCY
A certificate issued by the municipal official charged with the
enforcement of the Uniform Fire Prevention and Building Code (Building
Code) in the municipality that certifies that a building was completed in
accordance with approved construction plans, meets provisions of local
zoning law, conforms to the Building Code, and allows it to be occupied.
CHILD DAY CARE
Care for a child provided for compensation on a regular basis away from
the child's residence for less than twenty-four (24) hours per day by
someone other than the parent, step-parent, guardian, or relative within
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the third degree of consanguinity of the parents or step-parents of such
child. A relative within the third degree of consanguinity of the parent
or step-parent includes: the grandparents of the child; the great-
grandparents of the child; the great-great-grandparents of the child; the
aunts and uncles of the child, including the spouses of the aunts and
uncles; the great-aunts and great-uncles of the child, including the
spouses of the great-aunts and great-uncles; the siblings of the child;
and the first cousins of the child, including the spouses of the first
cousins. Child day care does not include care provided in a summer day
camp, traveling summer day camp or children's overnight camp as defined
in the State Sanitary Code; a program for school-age children operated
solely for the purpose of religious education, sports, classes, lessons
or recreation; a facility providing day treatment under an operating
certificate issued by the Office of Mental Health or by the Office for
People with Developmental Disabilities; or a kindergarten, pre-
kindergarten or nursery school for children three (3) years of age or
older, or a program for school-age children conducted during non-school
hours, operated by a public school district or by a private school or
academy which is providing elementary or secondary education or both in
accordance with the compulsory education requirements of the Education
Law, provided that such kindergarten, pre-kindergarten, nursery school or
program is located on the premises or campus where the elementary or
secondary education is provided.
CHILD DAY-CARE CENTER
A program or facility, but not a residence, licensed by and operated in
accordance with 18 NYCRR Part 418 of the New York State Department of
Social Services, in which child day care is provided on a regular basis
to more than six (6) children for more than three (3) hours per day per
child, and which is not a school, family day-care home, or group family
day-care home. (See also "family day-care home,” "group family day-care
home.”)
CLUBHOUSE
A building or premises used exclusively by members of an organization and
their guests which building or premises is devoted to recreational or
athletic purposes, not primarily conducted for gain, and not including
commercial and merchandising activities for other than its own members.
CLUSTER DEVELOPMENT
The modification of a subdivision of land where limited deviations from
the regulations of the zoning district in which it is located are
permitted in order to preserve open space or the natural and scenic
quality of the remainder of the land.
COMMERCIAL VEHICLE
Any vehicle, conveyance, or piece of mechanized equipment which is used
to further any business, trade, profession or employment, and which meets
any one (1) or more of the following criteria:
A. There is affixed on it any writing or logo that designates an
affiliation with any business, trade, profession, or employment;
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B. It is used to store in a manner or place that is visible from
outside of the vehicles any tools, equipment, accessories, or other
things used to further any business, trade, profession, or employment;
C. It is used to transport persons, their luggage, and/or their
animals, or other materials for any kind of fee or charge;
D. Its length is more than eighteen (18) feet;
E. Its width is more than seven (7) feet;
F. It has a mechanized dumping capability;
G. It has a plow blade or plow blade frame or other device attached
thereto, or a plow blade or other device is stored together with the
vehicle on the same premises.
COMPLETE STREETS
A transportation policy and design approach in which streets and street
rights-of-way are designed, built, and operated to enable safe access and
movement for all users, including pedestrians, bicyclists, motorists, and
public transportation riders of all ages and abilities.
CURB CUT
An angled cut in a curb that permits vehicular access from a street to a
driveway, garage, parking lot, or loading dock.
CURBLINE
The edge of a roadway clearly defining the pavement edge.
DECK
A horizontal, exterior, typically roofless platform adjoining a house or
building that is frequently made of lumber and elevated above the
finished grade of the underlying ground. A deck the surface of which is
over two (2) feet above the surface of the underlying ground as finally
graded shall be included in computing lot coverage.
DIAMETER AT BREAST HEIGHT (DBH)
Tree trunk diameter measured in inches at a height of four feet six
inches (4'6") above the finished grade at the base of the tree.
DISABILITY GLARE
Glare resulting in reduced visual performance and visibility such as that
caused by scattered light (straylight) originating from a bright source
and resulting in degradation of retinal image contrast.
DORMITORY, COLLEGE
See Residence Hall, College.
DRIVE-THROUGH OR DRIVE-IN FACILITY
An establishment or facility that by design of physical facilities
permits customers to receive a service or obtain a product (including
food) while remaining in a motor vehicle on the premises.
DRIVEWAY
An area on a lot designed or used to provide a means of access for the
passage of motor vehicles to and from a street or way to the interior of
a lot.
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DWELLING
See Residence
DWELLING UNIT
A single living unit providing kitchen, sleeping, and bathroom facilities
for one (1) or more persons.
EASEMENT
The grant by a property owner to the public or a person or persons of the
use of a defined parcel of land for a specific purpose.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
A written “draft” or “final” document prepared in accordance with the
State Environmental Quality Review Act. A draft EIS (DEIS) is the
initial statement prepared by either the project sponsor or the lead
agency and circulated for review and comment before a final EIS (FEIS) is
prepared.
EXCLOSURE FENCE
A fence that is designed and used to prevent animals from obtaining
access to individual plantings or small groups of plants, flowers,
gardens, lawn areas, shrubs, bushes or trees in order to assist with or
promote the preservation, health or growth of such plant life.
EXCLOSURE FENCE, PERMANENT
Any exclosure fence that remains after May 1st of any year.
EXCLOSURE FENCE, SEASONAL
An exclosure fence that is intended to be temporary and erected only from
November 1st to May 1st.
FAMILY
A. One (1) or more persons, whether or not related to each other by
blood, marriage, or adoption, all living and cooking together as a
single, stable, and bona fide housekeeping unit, so long as such persons
together occupy, own, lease, or rent a whole of a separate building or
dwelling unit as the functional equivalent of a family related by blood,
marriage, or adoption and use all rooms and housekeeping facilities in
common.
B. More than one (1) family will be presumed to exist if any of the
following features are found in or associated with one (1) dwelling
unit:
1. More than one (1) mailbox, mail slot, or post office address;
2. More than one (1) electric meter;
3. More than one (1) gas meter;
4. Partitions barring access between portions of the dwelling unit;
5. Separate written or oral leases or rental agreements between the
owner and the occupants providing for the payment of rent for portions of
the dwelling unit.
C. Additional factors to be considered in determining whether or not a
group of persons living together is the functional equivalent of a family
shall include:
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1. Whether the group is of a permanent nature and is neither merely a
framework for transient or seasonal (including as "seasonal” a period of
one (1) academic year or less) living, nor merely an association or
relationship which is transient or seasonal in nature;
2. Whether expenses for preparing of food, rent or ownership costs,
utilities, and other household expenses are shared and whether the
preparation, storage and consumption of food is shared;
3. Whether or not different members of the household have the same
address for the purposes of:
a. Voter registration;
b. Driver's license;
c. Motor vehicle registration;
d. Summer or other residences;
e. Filing of taxes;
4. Whether or not furniture and appliances are owned in common by all
members of the household;
5. Whether or not any children are enrolled in local schools;
6. Whether or not householders are employed in the local area;
7. Whether or not the group has been living together as a unit for an
extended period of time, whether in the current dwelling unit or other
dwelling units;
8. Any other factor reasonably related to whether or not the group of
persons is the functional equivalent of a family.
FAMILY DAY-CARE HOME
A facility, home, or other establishment, defined as a family day-care
home in § 390 of the New York State Social Services Law and licensed by
the New York State Department of Social Services, at which child day care
is provided for generally three (3) to six (6) children and which is
operated in accordance with State and County regulations governing
operations of a family day-care center.
FAMILY-TYPE HOME FOR ADULTS
An adult care facility providing services to four (4) or fewer adult
persons unrelated to the operator, as defined as a family-type home for
adults in the New York State Social Services Law, and certified by the
New York State Office of Children and Family Services.
FENCE or WALL
Any structure of any material or combination of materials, including a
gate that is part of the structure, that is designed to enclose land,
divide land, mark a boundary, create a barrier, limit access to or direct
passage across land, provide screening, protect against a potential
hazard, or serve a decorative purpose. A freestanding arch or arbor
shall not be considered a fence or wall even if it otherwise satisfies
the foregoing definition. In no case will living plants, such as hedges,
shrubs, bushes or trees, be deemed or considered to be a fence or wall
regardless of how these may be arranged or located, and regardless of
whether these may serve the same or a similar purpose as a fence or wall.
Terraces, steps, and other similar improvements will not be deemed to be
a fence or wall. Earthen berms that exceed four (4) feet in height above
the natural grade will be deemed to be a fence or wall.
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FINAL PLAT APPROVAL
The approval by the Village’s Planning Board of a final subdivision
drawing or plat that shows the subdivision, proposed improvements, and
conditions as specified in the Village’s Subdivision Regulations and as
required by the Planning Board in its approval, if any, of the
preliminary plat.
FITNESS CENTER
See Health Club.
FLASHING SIGN
Any sign where emitted or reflected light is not constant in intensity
and color at all times.
FRATERNITY or SORORITY
A place of residence other than a hotel, rooming or boarding house, or
dormitory that is operated by a nationally-chartered membership
organization or a locally chartered organization, and used, occupied and
maintained for persons enrolled in a college, university, or other
educational institution and which is recognized and subject to controls
by such educational institution.
FULL CUTOFF
Pertaining to light from a light fixture, zero intensity at or above
horizontal and limited to a value not exceeding ten percent (10%) of lamp
lumens at or above eighty degrees (80°).
GARAGE
A portion of a building, or a detached building, designed to be used
primarily for storage of automobiles and other motor vehicles. For a
garage that is part of a principal building, the garage use must be
subordinate and clearly incidental to the use of the rest of the
building. For a detached garage, the garage building must be subordinate
and clearly incidental to the principal building, and be located on the
same lot as the principal building except as otherwise specifically
permitted by this local law.
GARAGE SALE
The sale or offering for sale, open to the public, conducted for no more
than two (2) days in any calendar year, of new, used or secondhand items
of personal property at any one (1) residential premises at any one (1)
time. Includes all sales in residential areas entitled "garage sale,"
"yard sale," "tag sale," "porch sale," "lawn sale," "attic sale,"
"basement sale," "rummage sale," "flea market sale" or any similar casual
sale of tangible personal property.
GRADE, EXISTING
The vertical elevation of the ground surface at any point on a lot as
shown on a survey submitted in conjunction with an application for a
building permit or grading permit.
GRADE, FINISHED
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The final, post-construction vertical elevation of the ground surface at
any point on a lot.
GROUP FAMILY DAY-CARE HOME
A facility, home, or other establishment defined as a group family day-
care home in § 390 of the New York State Social Services Law and licensed
by the New York State Department of Social Services, at which child day
care is provided for seven (7) to twelve (12) children and which is
operated in accordance with State and County regulations governing
operations of a group family day-care home.
GROUP HOME
A small residential facility designed to serve unrelated individuals,
regulated by New York State, including but not limited to recovering
substance abusers, the mentally and physically disabled,
pregnant/parenting teens, and victims of domestic violence, who, under
caregiver supervision, share a single-family home with a common kitchen,
sanitary facilities, and other common living facilities.
HEALTH CLUB
A commercial establishment which provides as its primary purpose
facilities for individual physical health activities, such as aerobic
exercise, running and jogging, use of exercise equipment, saunas,
showers, massage rooms, and lockers. Such establishments are operated as
a business even if open only to members and their guests on a membership
basis and not to the public at large paying a daily admission fee.
HEIGHT
A. As it relates to buildings in the Residence, Multiple Housing, and
Planned Development Zones, the measurement from the lowest point of the
existing grade at the building foundation to the average height between
eaves and ridge for pitched roofs and to the highest part of the parapet
for flat roofs.
B. As it relates to buildings in the Commercial Zone, the measurement
from the lowest point of the existing grade at the building foundation to
the highest point of the building.
C. As it relates to fences and walls, the distance measured from the
ground to the highest point of any component part of the fence or wall,
other than arches, arbors, gates, entrances, and fence posts not higher
than six (6) inches above the adjoining fence. A fence or wall built on
a man-made berm of earth or other natural materials shall be measured
from the base of the berm to the top of the highest point of any
component part of the fence or wall, other than arches, arbors, gates and
entrances.
HOME OCCUPATION
A business conducted within a dwelling, or a building accessory thereto,
by a resident of the dwelling, which is clearly incidental and secondary
to the use of the property for residential purposes, and which is the
type of business that is customarily conducted within a dwelling or
building accessory thereto.
HOUSEHOLD PETS
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Domesticated dogs, cats, birds, fish, amphibians, reptiles, mice,
ferrets, rabbits, hamsters, gerbils, and other domesticated small animals
ordinarily kept as pets which eat and sleep within a dwelling unit
occupied by a family.
IMPERVIOUS SURFACE
Any paved, hardened or structural surface which does not allow
infiltration of water. Such surfaces include, but are not limited to,
impervious streets, driveways, parking lots, tennis courts, buildings,
and swimming pools.
INSTITUTION OF HIGHER EDUCATION
Any entity, whether public, private or parochial, which provides, as its
primary purpose, educational instruction above the twelfth grade level
including all academic, residential and service facilities attendant
thereto and which is chartered, registered and/or certified, by the
Commissioner of the New York State Department of Education or the Regents
of the University of the State of New York, or their successors.
INVASIVE SPECIES
As listed in the "Regional Invasive Species List" produced by the
Tompkins County Environmental Management Council, as revised from time to
time, or in other lists produced by Tompkins County or New York State,
these are alien or exotic non-native plant species that spread and
compete with native species, often eliminating the latter.
LIGHT POLLUTION
Any adverse effect of artificial light, including sky glow, glare, light
trespass, light clutter, decreased visibility at night, and energy waste.
LIGHT TRESPASS
Light falling where it is not wanted or needed such as the unwanted
spillage of light onto properties adjacent to the property on which the
light source is located.
LODGE
See Clubhouse.
LODGING HOUSE
A multiple dwelling or other residential structure in which lodging
facilities but not meals are supplied for compensation, over a period of
time not to exceed one (1) week, and where no single overnight stays are
allowed.
LOT
Any area of land bounded by property lines which is not divided into
parts by a public street or railroad. Each part of any area so divided
by a street or railroad is considered an individual lot for zoning and
subdivision purposes, but any further division of any such part shall be
permitted only upon compliance with the applicable regulations of Article
17.
LOT AREA
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The area of a lot that may be included within the deed description of the
lot, excluding from such area the right of way of a public or private
street or, where there is no legally defined right-of-way, the area of a
paved, graveled or otherwise improved surface functioning as a private
street.
LOT COVERAGE
The total square footage of a parcel of land which is allowed by zoning
regulations to be covered by buildings and other physical improvements.
LOT DEPTH
The distance between a point on a front lot line and the rear of the lot
measured perpendicularly from the front lot line. In the case of an
irregularly shaped lot, the mean depth shall be taken.
LOT LINE
A legal boundary line of a lot; for lot lines that are adjacent to a
public street, defined as the public street right-of-way line. Where the
legal boundary is within a public street right-of-way, the lot line is
the street right-of-way line; where the legal boundary is within a
private right-of-way, the lot line is the nearest edge of the improved
surface of such private street or of the improved surface functioning as
a private street.
LOT WIDTH
The distance between a point on a side lot line and the opposite lot line
measured perpendicularly from the side lot line. In the case of an
irregularly shaped lot, the mean width shall be taken.
MIXED USE
Two (2) or more principal uses conducted on the same parcel of land, by
one (1) or more occupants, either in the same structure or in separate
structures, or in the open, such as when residential facilities are
located over commercial retail space.
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway propelled by any
power other than muscular power, except electrically-driven mobility
assistance devices operated or driven by a person with a disability,
vehicles running only upon rails or tracks, snowmobiles, and all-terrain
vehicles.
MULTIPLE DWELLING
A building or group of buildings on one lot containing three (3) or more
dwelling units.
NATURAL AREA
An area of land designated as a Critical Environmental Area, Unique
Natural Area, or other similar environmental designation in accordance
with regulations promulgated by the New York State Department of
Environmental Conservation or any similar successor state agency, or by
any other Federal, State, or local governmental unit.
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NATURAL GRADE
See Grade, Existing.
NONCONFORMING USE
A use that does not conform to a new or amended zoning law and the zoning
regulations of the district in which it is situated.
NURSERY SCHOOL
A school organized for the purpose of educating a group or groups of six
(6) or more children less than seven (7) years old under the supervision
of qualified teachers providing an adequate program of learning
activities and maintaining good standards of health and safety pursuant
to Part 125.1(a) of the Regulations of the New York State Commissioner of
Education.
ONE-FAMILY RESIDENCE
A detached building containing a single dwelling unit.
OVERLAY ZONE OR DISTRICT
A zone or district created for a specific purpose that is imposed over an
existing zone or district and that contains provisions applicable in
addition to those contained in the existing zone or district.
PARKING LOT
A parking facility where off-street parking of motor vehicles is
permitted other than as an accessory use.
PARKING SPACE
An area adequate for the temporary parking of a motor vehicle exclusive
of any parking lot circulation areas.
PATIO
A horizontal area located at existing grade and used for other than
vehicular purposes that is without roof or walls, is not supported by any
permanent structure, and is surfaced with wood, macadam, masonry, stone,
brick, block, or other such material.
PHOSPHORUS FERTILIZER
Fertilizer in which the available phosphate (P205) content is greater
than 0.67 percent by weight, excluding compost.
PLAT
A site plan or subdivision map that depicts the arrangement of lots,
buildings, roads, and other services.
PLAYHOUSE
A building used exclusively for children’s play and which serves no other
purpose.
PORCH
A covered or uncovered structure attached to a house or building that is
not heated or cooled, may be open or enclosed, and frequently provides
access to a primary entrance and/or egress to the ground.
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PRELIMINARY PLAT APPROVAL
The approval by the Village’s Planning Board of a preliminary subdivision
drawing or plat showing site conditions, subdivision lines, and proposed
improvements prepared in accordance with the Village’s Subdivision
Regulations.
PRINCIPAL BUILDING
A building within which is conducted the primary uses of the lot on which
the building is located.
PRINCIPAL USE
The primary use of a lot that is permitted under the zone or district
regulations in a zoning law. Unless zone or district regulations allow
mixed uses, only one (1) principal use may be made of a single lot, along
with uses that are accessory to that principal use.
PROPERTY LINE
See Lot Line.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and
operation of solar electrical equipment 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 Village 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.
RECREATIONAL VEHICLE
A camping unit primarily designed as temporary living quarters for
recreational, camping, travel or seasonal use that either has its own
motive power or is mounted on or towed by a motorized vehicle.
Recreational vehicles include, but are not limited to, tow-behind camping
trailers, fifth wheel camping trailers, motor homes, park trailers,
travel trailers, and truck campers.
RESIDENCE
A building that contains one (1) or more dwelling units used, intended or
designed to be used, rented, leased, let or hired out to be occupied for
living purposes.
RESIDENCE HALL, COLLEGE
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A building owned, operated, and administered by an institution of higher
education in accordance with the Education Law of the State of New York,
designed primarily for the purpose of housing college students enrolled
at that institution.
RIGHT-OF-WAY
See Street Right-Of-Way.
RIPARIAN AREA
The area of land and water forming a transition from aquatic to
terrestrial ecosystems along streams, lakes, ponds, wetlands, and vernal
pools.
ROOMING HOUSE
See Boarding House.
SEQRA
The New York State Environmental Quality Review Act adopted pursuant to
the New York State Environmental Conservation Law.
SEQRA, NEGATIVE DECLARATION
A written determination by a lead agency that, under the State
Environmental Quality Review Act, the implementation of an action as
proposed will not result in any significant adverse environmental
impacts.
SEQRA, POSITIVE DECLARATION
A written determination by a lead agency that, under the State
Environmental Quality Review Act, the implementation of an action as
proposed is likely to have a significant adverse impact on the
environment, resulting in the requirement that an environmental impact
statement will be required.
SETBACK
The number of feet from a front, side, or rear lot line in which no
building or structure is permitted to be located or in which a specified
land use is not permitted to occur and which establishes the nearest
point to the lot line at which a building or structure may be erected,
excluding a roof or eave overhang of three (3) feet or less.
SHORT TERM RENTAL
Rental of a residence or a portion of a residence by the same natural
person or family of fewer than thirty (30) consecutive days.
SITE PLAN
A drawing that shows the arrangement, layout, and design of the proposed
use and improvements of a single parcel of land.
SLOPE
The change in elevation per unit of horizontal distance, expressed as a
percentage.
SOLAR ENERGY COLLECTOR
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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.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available in an
electrical form.
SORORITY
See Fraternity
STOOP
A small staircase ending in a base and leading to the entrance of a
building.
STORAGE
The outdoor accumulation or laying-up of manufactured products or raw
materials, or the keeping of one or more pieces of movable equipment
other than automobiles.
STORMWATER RUNOFF
Any surface flow, runoff, or drainage consisting entirely of water from
any form of natural precipitation such as rain or melting snow that does
not soak into the ground but runs off into waterways.
STREAM
A watercourse or surface depression characterized by a defined channel
and stream bed that contain rocks or gravel and where water flows
perennially or intermittently; this does not include man-made stormwater
conveyances, such as grassy or rip-rap stabilized swales, roadside
ditches, or stormwater management practices.
STREAM, INTERMITTENT
A stream that flows only when it receives water from rainfall runoff or
springs, or from some surface source such as melting snow. All mapped
streams in the Village of Cayuga Heights are currently defined by the
United States Geological Survey (USGS) as intermittent streams.
STREAM BANK
The sides of a stream channel, usually marked by a break in slope, which
contain the normal flow of the stream.
STREAMSIDE BUFFER
A vegetated area next to a water resource that protects that water
resource from non-point source pollution and provides bank stabilization
and aquatic and wildlife habitat, measured horizontally starting from the
top of the stream bank (or level of bankfull discharge) in a direction
perpendicular to the bank and extending away from the water body in the
horizontal plane.
STREET RIGHT-OF-WAY
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The lands under and bordering the travelled portion of a public street,
road, or highway owned and maintained by the Village, to the width owned
by the Village or otherwise as prescribed by applicable law.
STREET RIGHT-OF-WAY LINE
The limit of the right-of-way of a public street, road, or highway.
STREET TREE
A tree located on publicly owned land or within the public street right-
of-way.
STRUCTURE
Anything that is constructed or erected on the ground (including, but not
limited to, a building, fence, or wall) or upon another structure or
building. “Structure" also includes anything that is constructed or
erected underground and projects up to the ground surface or above, or
anything that is constructed or erected wholly underground other than
utility lines, septic and water systems, or other similar types of
underground construction wholly ancillary to a principal building or
structure on the premises. "Structure" does not include underground
graves, vaults, or other underground facilities for the internment of
bodies.
STUDENT COOPERATIVE
A facility used for housing students enrolled in a college, university,
or other educational institution and which is recognized and subject to
controls by such educational institution where students largely perform
their own household maintenance and meal preparation and have a vote in
the operation, maintenance, and management of their household affairs.
STUDENT DORMITORY
A building or part of a building that:
1. Is operated by, or on behalf of, institution(s) that provide full-
time day instruction and a course of study that may be pursued in
fulfillment of the requirements of Sections 3204, 3205, and 3210 of the
New York State Education Law, or post-secondary institution(s) authorized
to grant a degree by the Regents of the University of the State of New
York; and
2. Houses students enrolled at such institution(s). A student
dormitory shall not be a single dwelling unit.
SUBDIVISION
The legal division of a parcel into a number of lots that conform to use
and dimensional requirements for the purpose of sale or development.
SUBDIVISION, MAJOR
In any zoning district, a subdivision that does not qualify as a minor
subdivision.
SUBDIVSION, MINOR
In any zoning district, a subdivision in which the land is divided into
not more than three (3) lots.
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SWIMMING POOL
An outdoor artificial body of water or receptacle for water having a
depth at any point greater than two (2) feet used or intended to be used
for swimming or bathing and constructed, installed, or maintained in or
above the ground.
TELECOMMUNICATIONS FACILITY
A telecommunication tower or towers and associated antennae, structures,
equipment, buildings, switching stations, parking areas, wires, and other
accessory development.
TELECOMMUNICATIONS TOWER
A structure such as a mast, pole, monopole, guyed tower, lattice tower,
free-standing tower, or other structure designed and primarily used to
support antennae and intended for transmitting and/or receiving radio,
television, telephone, or microwave communications, but excluding those
used either for fire, police, and other dispatch communications, or
exclusively for private radio and television reception and private
citizen's bands, amateur radio, and other similar communications.
A ground- or building-mounted mast greater than ten (10) feet tall and
six (6) inches in diameter supporting one (1) or more antenna, dishes,
arrays, etc., shall be considered a telecommunications tower.
TERRACE
See Patio.
TOWNHOUSE
A dwelling unit sharing a minimum of one (1) and a maximum of two (2)
walls with an adjoining dwelling unit and having direct exterior access
from the ground floor.
TREE HOUSE
A building constructed among tree branches and around or next to the
trunk of one or more mature trees, and raised above the ground.
TWO-FAMILY RESIDENCE
A detached building containing two (2) dwelling units.
UNIQUE NATURAL AREA
A site with outstanding environmental qualities as defined by the
Tompkins County Environmental Management Council that is deserving of
special attention for preservation and protection.
USE
The specific purpose for which land or a building is designed, arranged
or intended, or for which it is or may be occupied or maintained.
UTILITY
An entity that provides electricity, gas, sewer, water, telephone, or
cable television to properties within the Village.
WALL
See Fence.
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WALLPACK LIGHT FIXTURE
A lighting unit, typically affixed to the side of a structure, used for
area lighting.
WETLAND
Any area that is inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions.
YARD
An open space on the same lot with a building, unoccupied and
unobstructed from the ground upward except as otherwise permitted herein.
YARD, FRONT
The yard between the front lot line and the front facade of the principal
building, extended from each rearmost exterior corner of the front facade
to the adjacent side lot line. In addition, any yard that abuts a public
or private street shall be considered a front yard for the purposes of
setback requirements.
YARD, REAR
The yard between the rear lot line and the rear facade of the principal
building, extended from each most forwardly exterior corner of the rear
facade to the adjacent side lot line.
YARD, SIDE
The yard between the principal building and a side lot line, but
excluding the front yard and the rear yard.
Article 4. Establishment of Zones
§ 4.1. Enumeration of zones.
For the purpose of this Local Law, the Village of Cayuga Heights is
hereby divided into the following zones, also sometimes referred to as
districts:
Residence
Multiple Housing
Commercial
Planned Development Zone
Natural Resources Overlay
Said zones are set forth on the map accompanying this Local Law, the
Village of Cayuga Heights Zoning Map (the "Zoning Map"), dated [xxx], and
signed by the Village Clerk. Said map and all explanatory matter thereon
and amendments thereto are hereby made a part of this Local Law and are
on file in the Village offices.
§ 4.2. Zone boundaries.
Where uncertainty exists with respect to the exact boundaries of the
various zones as shown on the Zoning Map, the following rules shall
apply:
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A. Where zone boundaries are indicated as approximately following the
centerlines of streets or highways or street or highway right-of-way
lines, such centerlines or street or highway right-of-way lines shall be
construed to be said boundaries.
B. Where zone boundaries are indicated as approximately following lot
lines as shown on plots of record at the time this Local Law becomes
effective, or lot lines on plots of record at the time of any amendment
rezoning an area, then such lot lines shall be construed to be said
boundaries.
§ 4.3. Prohibition of uses.
All uses not specifically set forth as permitted uses in a zone are
prohibited as uses in that zone. A use specifically permitted in one
zone is not permitted in any other zone, less restrictive or otherwise,
unless specifically enumerated as a permitted use in such other zone.
§ 4.4. Nonconforming uses of land.
A. Where, at the effective date of adoption or amendment of this Local
Law, a lawful use of land exists that is made no longer permissible under
the terms of this Local Law as enacted or amended, such use may be
continued, so long as it remains otherwise lawful, subject to the
following provisions:
1. Such nonconforming use must not be enlarged or increased, nor
extended to occupy a greater area of land than was occupied at the
effective date of adoption or amendment of this Local Law;
2. Such nonconforming use must not be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this Local Law; and
3. If any such nonconforming use of land ceases for any reason for a
period of more than one (1) year, any subsequent use of such land must
conform to the regulations specified by this Local Law for the zone in
which such land is located.
B. Any use made of any land in the Village prior to the enactment of
this Local Law not expressly permitted under Article IX Section 2, 3 or 4
of the Village’s former Zoning Ordinance was not a permitted lawful use
under the former Zoning Ordinance, and such use is not a pre-existing
nonconforming use under this Local Law.
§ 4.5. Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or
amendment of this Local Law that could not be built under the terms of
this Local Law by reason of restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on the
lot, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which
increases its nonconformity;
B. Should such structure be destroyed by any means, in whole or in
part, it may be reconstructed in accordance with the provisions of § 4.8
below.
C. Should such structure be moved for any reason for any distance
whatever, it must thereafter conform to the regulations for the zone in
which it is located after it is moved.
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§ 4.6. Nonconforming uses of structures.
A. If a lawful use of a structure, of portion of a structure, or of
structure and land in combination, exists at the effective date of
adoption or amendment of this Local Law, that would not be allowed in the
zone under the terms of this Local Law as amended, the lawful use may be
continued as long as it remains otherwise lawful, subject to the
following provisions:
1. No existing structure devoted to a use not permitted by this Local
Law in the zone in which it is located may be enlarged, extended,
constructed, moved, or structurally altered except in changing the use of
the structure to a use permitted in the zone in which it is located or to
a use permitted pursuant to § 4.8 below;
2. Any nonconforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use at the
time of adoption or amendment of this Local Law, but such use must not be
extended to occupy any land outside such building;
3. Any structure, portion of a structure, or structure and land in
combination, in or on which a nonconforming use is superseded by a
permitted use must thereafter conform to the regulations for the zone in
which such structure is located, and the nonconforming use may not
thereafter be resumed;
4. When a nonconforming use of a structure, of portion of a structure,
or of structure and land in combination, ceases for a period of one (1)
year, the structure or structure and land in combination must not
thereafter be used except in conformance with the regulations of the zone
in which it is located;
5. Where nonconforming use status applies to a structure and land in
combination, removal or destruction of the structure eliminates the
nonconforming status of the land;
6. Where a nonconforming use exists in an area that has been or now
requires site plan approval by the Village’s Planning Board for any
change of use, the nonconforming use may not be changed to any other use
permitted in the zone until site plan approval has been obtained pursuant
to the terms of this Local Law.
B. Any use made of any structure in the Village prior to the enactment
of this Local Law not expressly permitted under Article IX Section 2, 3
or 4 of the Village’s former Zoning Ordinance was not a permitted lawful
use under the former Zoning Ordinance, and such use is not a pre-existing
nonconforming use under this Local Law.
§ 4.7. Interruption of nonconforming use.
Notwithstanding the provisions above regarding cessation of nonconforming
uses, for purposes of determining whether a nonconforming use has ceased
for a period of one (1) year there shall be excluded from the calculation
of the year period any period of time during which a nonconforming use
was suspended solely because of a national emergency or temporary
government restrictions (other than zoning restrictions). Upon
termination of the national emergency or the temporary government
restriction, the calculation of the year period shall resume.
§ 4.8. Restoration.
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A. Nothing herein shall prevent the continued use and substantial
restoration and continued use of a nonconforming building damaged by
fire, flood, earthquake, act of God, or act of the public enemy, provided
that:
(1) Such restoration is located on, and no larger than, the footprint
of the structure prior to its destruction; and
(2) Such restoration is completed within one (1) year of the damage;
and
(3) The use of the building and the manner in which it was used prior
to the loss is recommenced within one (1) year of the damage.
B. The time limits set forth above may be extended by the Village’s
Zoning Board of Appeals using the same criteria as are applied in
determining applications for an area variance. An application for an
extension shall be brought no later than six (6) months after the
expiration of the year period, or six (6) months after the expiration of
any previously granted extension.
§ 4.9. Zoning Board of Appeals determination.
The Zoning Board of Appeals shall have the jurisdiction to hear and
determine any claims as to whether a particular use is a valid
nonconforming use, or whether a nonconforming use has been improperly
extended or enlarged, or any other matter relating to nonconforming uses.
Such jurisdiction may be exercised by an appeal from a decision of the
Code Enforcement Officer as hereinafter provided, or by direct
application to the Board of Appeals in those instances where there is no
application for a permit or certificate before the Code Enforcement
Officer. Any such direct application to the Board of Appeals shall be
made on such forms and contain such information as the Board and/or the
Code Enforcement Officer may determine and shall be delivered to the Code
Enforcement Officer for submission to the Board in accordance with the
procedures set forth in Article 20. Article 5. Residence Zone
§ 5.1. Purpose.
The purpose of the Residence Zone is to maintain areas almost exclusively
residential in nature with minimal intrusion of commercial, industrial,
agricultural, or other uses that could be detrimental to residential
development and occupancy or value, and to balance future development
with the existing scale, density, and character of traditionally
residential neighborhoods.
§ 5.2. Permitted principal uses.
No building shall be erected or extended and no land or building shall be
used in the Residence Zone for other than any of the following purposes:
A. A one-family residence to be occupied by:
1. One (1) family plus no more than two (2) other unrelated occupants,
or,
2. Where there is no family, no more than three (3) unrelated
occupants;
B. A one-family residence with a secondary self-contained
accessory apartment, i.e. a residence with two (2) dwelling units,
identified by the Tompkins County Department of Assessment as a “two
family residence,” the building to be occupied by a total of:
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1. One (1) family plus no more than three (3) other unrelated
occupants, or,
2. One (1) family in each unit with no additional unrelated occupants,
or,
3. Where there is no family, no more than four (4) unrelated
occupants;
One Family Residence Two Family Residence
1 family + 2 unrelated 1 family + 3 unrelated
no family + 3 unrelated 1 family + 1 family
no family + 4 unrelated
C. Public School, grades pre-K through twelve (12);
D. Church or other place of religious worship;
E. Cemetery and the buildings and structures incident thereto;
F. Any municipal or public utility purpose approved by the Village's
Board of Trustees;
G. Publicly owned park or playground including accessory buildings and
improvements;
H. Activities of an individual engaging in home gardening by growing
flowers, vegetables, and other plants primarily for use by that person
and his or her family or occupants of the dwelling and not for commercial
purposes;
I. Golf course, except a driving range or a miniature golf course
conducted on a commercial basis independent of a golf course;
J. Group home, as regulated by New York State;
K. Family type home for adults, as defined in the New York State
Social Services Law, subject to the approval of a special use permit by
the Village’s Planning Board, in accordance with the procedures set forth
in Article 19;
L. Use of a dwelling unit or a portion of a dwelling unit for short
term rental is permitted only when the residence containing the dwelling
unit is the primary residence of the property owner and only as an
accessory use pursuant to § 5.3.I.
M. Residences containing only two (2) dwelling units where one (1)
dwelling unit is not less than fifty percent (50%) of the floor area of
the other dwelling unit and/or where one (1) dwelling unit is not
subordinate in location and appearance to the other dwelling unit are
prohibited.
§ 5.3. Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted in the Residence
Zone:
A. Off-street garage or parking spaces for the occupants, users, and
employees in connection with uses permitted in this article and meeting
requirements as set forth in Article 12;
B. Private swimming pool, tennis court, and other similar recreational
facilities for the principal private use of the occupants of the dwelling
where the principal use is as a one-family dwelling;
C. The keeping of household pets in a dwelling unit or other location
adjacent to or accessory to a dwelling unit (e.g. outside doghouse, etc.)
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provided that no more than three (3) household pets shall be kept outside
of a dwelling unit unless a greater number is authorized by special
approval of the Village’s Zoning Board of Appeals;
D. Signs, as regulated by Article 10;
E. Home occupations meeting all of the following requirements:
1. An area of no more than twenty-five percent (25%) of the floor
space of the residence, whether the home occupation is conducted in the
residence or in an accessory building, or five hundred (500) square feet,
whichever is less, shall be used for the home occupation;
2. Not more than one (1) person, full- or part-time, other than
individuals permitted in accordance with this Local Law to occupy such
residence, shall be employed in the conduct of the home occupation;
3. The owner and chief operating officer of the business must be a
full-time resident of the property on which the home occupation is
conducted;
4. Except for articles produced on the premises, no merchandise of any
kind shall be sold on the premises;
5. No exterior display or sign except as permitted by Article 10, no
exterior storage of materials, equipment (including commercial vehicles),
or other items of commerce, and no other exterior indication of the home
occupation or variation from the residential character of the lot,
district, or surrounding neighborhood;
6. No offensive noise, vibration, smoke, dust, odor, heat, glare, or
electronic disturbance shall be produced beyond the boundary line of the
property occupied by the home occupation;
7. There shall be permitted no sharing, letting, or subletting of
space used in the home occupation, for use by others in the conduct of
their profession, trade, or business;
8. The conduct of the home occupation shall not be detrimental to the
residential character of the lot at which it is conducted nor of the
surrounding neighborhood, including, but not limited to, by generating
traffic in any greater volume than would normally be expected in a
residential neighborhood, and any need for parking generated by the home
occupation, whether for employees, customers or deliveries, shall be met
off the street and in accordance with Article 12 and § 12.3.F.1.b and any
other regulation of this Local Law;
9. All activities conducted in connection with the home occupation
must be conducted wholly within the residence or accessory building;
10. No alteration to the exterior of the principal residential building
shall be made which changes the character thereof as a dwelling;
F. Garage sales providing that no more than two (2) garage sales are
held for any one (1) premises in any one (1) calendar year;
G. Tree house or playhouse providing it is located in the rear yard
and is equal to or less than one hundred (100) square feet in area;
H. Family day-care home and group family day-care home, as defined in
the New York State Social Services Law, Section 390;
I. Short term rental of a residence or a portion of a residence,
meeting all of the following requirements:
1. Compliance with all Federal, State, County, and local laws, codes,
rules and regulations, including but not limited to the New York State
Uniform Fire Prevention and Building Code.
2. Permitted short term rental types:
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a. Rental of a residence or a portion of the residence, such as a
secondary self-contained accessory apartment or a room contained in a
residence, for a maximum of fourteen (14) days total in any calendar
year, provided that the owner of the residence or his/her agent is
available locally in order to respond in a timely manner to complaints
regarding the condition of the residence or the property at which the
residence is located or regarding the conduct of occupants of the
residence;
b. Rental of a secondary self-contained accessory apartment for a
maximum of twenty-eight (28) days total in any calendar year, provided
that the owner of the residence is present in the residence during the
term of the rental;
c. Rental of a room contained in a residence for a maximum of twenty-
eight (28) days total in any calendar year, provided that the owner of
the residence is present in the residence during the term of the rental,
only one (1) room per residence is so rented at any given time, and
occupancy of the rented room does not exceed two (2) persons.
d. The maximum time limits stated in subsections 2(a)-(c) above are
not cumulative. Short term rental of a residence or a portion of a
residence shall not exceed twenty-eight (28) days total in any calendar
year, regardless of whether the residence owner is present in the
residence during the term of any rental, and regardless of the type or
types of short term rental use among those described above in subsections
2(a)-(c).
3. Short term rental registration permit:
a. Prior to use of a residence or any part thereof for short term
rental, the owner of the residence must obtain a registration permit from
the Village.
b. The registration permit application may be completed online through
the Village’s website, or in person at the Village Office.
c. The registration permit fee is one hundred twenty-five dollars
($125) per year.
d. The registration permit must be renewed annually and the permit fee
paid annually upon renewal.
e. The registration permit number must be included in any online or
print advertisement for the short term rental, and a short term rental
shall not be advertised without a valid registration permit.
f. Registration permit requirements shall go into effect as of the
date three (3) months from adoption of this Local Law.
4. Visitor’s log:
a. The owner of any residence used for short term rental must maintain
a visitor’s log that clearly states the dates of each rental, the number
of visitors, the location within the residence (single room, single
dwelling unit, or entire residence), and whether or not the owner was
present in the residence during the term of the rental.
b. A copy of the visitor’s log must be provided to the Village’s Code
Enforcement Officer within ten (10) business days following written
request, and a copy of the previous year’s log must be submitted with any
registration permit renewal application.
5. Penalties:
a. The penalty provisions of § 16.4 below shall not apply to any
violation of the provisions of this Section § 5.3.I, and the following
provisions shall apply to any such violation.
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b. If the owner of any residence who uses the residence or any part
thereof for short term rental in violation of the maximum time limits
stated in subsections 2(a)-(c) above, such violation shall be punishable
by a fine of seven hundred and fifty dollars ($750), and the registration
permit shall be revoked for the current year and may not be renewed for
one (1) additional year.
c. If the owner of any residence who uses the residence or any part
thereof for short term rental in violation of this Section § 5.3.I, other
than violations of subsections 2(a)-(c) above, such violation shall be
punishable as follows:
i. For the first violation, a fine of not less than one hundred
twenty-five dollars ($125) and not more than two hundred and fifty
dollars ($250).
ii. For the second violation occurring within any twelve (12) month
period, a fine of not less than two hundred fifty dollars ($250) and not
more than five hundred dollars ($500).
iii. For the third violation occurring within any twelve (12) month
period, a fine of not less than five hundred dollars ($500) and not more
than seven hundred and fifty dollars ($750), and the registration permit
shall be revoked for the current year and may not be renewed for one (1)
additional year.
iv. In the case of a violation of registration permit requirements,
each month’s continued violation shall constitute a separate and new
violation, and each new violation shall be punishable by a fine of seven
hundred and fifty dollars ($750) per month.
6. Any variance requested for short term rental of a residence or a
portion of a residence shall be considered a use, and not an area,
variance, in accordance with Zoning Board of Appeals procedures set forth
in Article 20.
J. Solar energy collectors in accordance with the requirements of this
Article and the requirements of Article 15.
§ 5.4. Height of buildings.
A. No building or structure in the Residence Zone shall exceed twenty-
five (25) feet in height.
B. The height of a building shall be measured from the lowest point of
the existing grade at the building foundation to the average height
between eaves and ridge for pitched roofs and to the highest part of the
parapet for flat roofs.
C. In cases where the proposed finished grade is higher than the
existing grade, the change must be approved by the Code Enforcement
Officer at the time of issuance of the building permit.
D. The height limitations of § 5.4 shall not apply to chimneys,
ventilators, skylights, or other necessary features ordinarily extending
above roofs nor to spires of churches or other buildings if such features
are in no way used or usable for living purposes.
§ 5.5. Yard regulations.
A. Buildings in the Residence Zone shall be set back from property
lines the following minimum dimensions, said dimensions to be measured at
right angles to the property lines:
1. Front Yard – twenty-five (25) feet;
2. Side and rear yards – fifteen (15) feet.
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B. The front yard in each case shall be measured from the front lot
line.
C. For any yard that abuts a public or private street, the front yard
requirement shall apply.
D. Yard requirements specified above shall be the same in the case of
swimming pools.
E. No automobile parking area shall be permitted in any required front
yard, except in the case of a front yard of a residence housing not more
than two (2) families.
§ 5.6. Lot coverage.
A. No building or buildings shall be erected or extended so as to
exceed coverage of twelve percent (12%) of the area of a lot.
B. In computing the lot coverage, the following shall be included:
1. The area of any accessory buildings;
2. Carports, open at the sides and roofed;
3. Unroofed porches or decks, the surface of which is over two (2)
feet above the surface of the underlying ground as finally graded;
4. Areas covered by building eaves extending in excess of three (3)
feet.
C. In computing the lot coverage, the following shall not be included:
1. Areas covered by overhanging building eaves of three (3) feet or
less;
2. Unroofed swimming pools;
3. Unroofed parking areas.
§ 5.7. Size of lots.
Lots shall have a minimum average width of one hundred twenty-five (125)
feet and a minimum average depth of one hundred fifty (150) feet.
§ 5.8. Frontage on public street.
Each lot shall have minimum frontage on a public street of seventy-five
(75) feet, with the exception of lots in a cul-de-sac in a subdivision
approved by the Planning Board, in which case lots may have such frontage
as shown on the approved subdivision plan.
§ 5.9. Parking.
Parking requirements shall be as set forth in Article 12.
Article 6. Multiple Housing Zone
§ 6.1. Purpose.
The purpose of the Multiple Housing Zone is to permit, where appropriate,
the construction and development of multiple dwelling residences in the
Village and to establish standards by which development in these areas
shall occur while protecting and preserving the character of the
adjoining Residence Zone.
§ 6.2. Permitted principal uses.
No building shall be erected or extended and no land or building shall be
used in the Multiple Housing Zone for other than any of the following
purposes:
A. Any principal use permitted in the Residence Zone;
B. Any of the following uses:
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1. Buildings containing two (2) or more dwelling units;
2. Convent, parish house, religious school building;
3. Public library or public museum, parochial school, nursery school,
school operated under the Education Law of New York State, but not a
school operated by a for-profit company;
4. The following uses subject to the approval of a special use permit
by the Village’s Planning Board, in accordance with the procedures set
forth in Article 19;
a. Fraternity, sorority, student cooperative, and college residence
hall, but not any of the following: a rooming, lodging, or boarding
house, bed and breakfast, hotel, motel, or inn;
b. Affinity house;
c. Adult home.
§ 6.3. Permitted accessory buildings and uses.
The following accessory buildings or uses are permitted in the Multiple
Housing Zone:
A. Accessory buildings and uses permitted in the Residence Zone;
B. Automobile parking and garages, subject to the further requirements
of this Article and meeting the requirements set forth in Article 12;
C. Such uses as may be necessary for housekeeping activities, such as
structures in which laundry facilities are maintained, but any such use
must be limited to residents of the multiple dwelling on that lot;
D. Storage buildings for storage of belongings of the residents of the
multiple dwelling on that lot;
E. Maintenance buildings and one central office, all of which must be
utilized solely in connection with the operation of the multiple dwelling
on that lot;
F. Community building for use by the residents of the multiple
dwelling on that lot and their guests;
G. Solar energy collectors in accordance with the requirements of this
Article and the requirements of Article 15.
§ 6.4. Height of buildings.
A. No building or structure in the Multiple Housing Zone shall exceed
thirty (30) feet in height.
B. The height of a building shall be measured from the lowest point of
the existing grade at the building foundation to the average height
between eaves and ridge for pitched roofs and to the highest part of the
parapet for flat roofs.
C. In cases where the proposed finished grade is higher than the
existing grade, the change must be approved by the Code Enforcement
Officer at the time of issuance of the building permit.
D. The height limitations of § 6.4 shall not apply to chimneys,
ventilators, skylights, or other necessary features ordinarily extending
above roofs nor to spires of churches or other buildings if such features
are in no way used or usable for living purposes, and these features will
not be considered in determining the height of a building.
§ 6.5. Yard regulations.
A. Buildings in the Multiple Housing Zone shall be set back from
property lines the following minimum dimensions, said dimensions to be
measured at right angles to the property lines:
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1. Front Yard – twenty-five (25) feet or the height of the building as
calculated in § 6.4, whichever is greater;
2. Side and rear yards – fifteen (15) feet.
B. The front yard in each case shall be measured from the front lot
line.
C. For any yard that abuts a public or private street, the front yard
requirement shall apply.
D. Yard requirements specified above shall be the same in the case of
swimming pools.
E. No automobile parking area shall be permitted in any required front
yard, except in the case of a front yard of a residence housing not more
than two (2) families.
§ 6.6. Lot coverage.
A. No building or buildings shall be erected or extended so as to
exceed coverage of fifteen percent (15%) of the area of a lot.
B. In computing the lot coverage, the following shall be included:
1. The area of any accessory buildings;
2. Carports, open at the sides and roofed;
3. Unroofed porches or decks, the surface of which is over two (2)
feet above the surface of the underlying ground as finally graded;
4. Areas covered by building eaves extending in excess of three (3)
feet.
C. In computing the lot coverage, the following shall not be included:
1. Areas covered by overhanging building eaves of three (3) feet or
less;
2. Unroofed swimming pools;
3. Unroofed parking areas.
§ 6.7. Size of lots.
Lots shall have a minimum average width of one hundred twenty-five (125)
feet and a minimum average depth of one hundred fifty (150) feet.
§ 6.8. Frontage on public street.
Each lot shall have a minimum frontage on a public street of seventy-five
(75) feet, with the exception of lots in a cul-de-sac in a subdivision
approved by the Planning Board, in which case lots may have such frontage
as shown on the approved subdivision plan.
§ 6.9. Parking.
Parking requirements shall be as set forth in Article 12.
Article 7. Commercial Zone
§ 7.1. Purpose.
The purpose of the Commercial Zone and the following regulations is to
establish certain areas where retail businesses and other commercial uses
of land will be encouraged to meet the needs of Village residents and to
establish standards by which development in these areas shall occur while
protecting and preserving the character of the adjoining Residence Zone.
§ 7.2. Permitted principal uses.
No building shall be erected or extended and no land or building shall be
used in the Commercial Zone for other than any of the following purposes:
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A. Any principal use permitted in the Residence Zone or in the
Multiple Housing Zone.
B. The following retail uses, provided that the interior floor area is
five thousand (5,000) square feet or less:
1. Retail store (other than a retail store expressly referred to
elsewhere in this Article 7) where goods are sold only from inside the
store and rental of goods does not generate in excess of ten percent
(10%) of the store’s revenues;
2. Food store/grocery;
3. Sales of candy, ice cream, gifts, flowers, and similar small items;
4. Arts and crafts gallery/studio;
5. Photography store/studio;
6. Drugstore/pharmacy;
7. Florist;
8. Bicycle sales/repairs which may include outside displays;
9. Bakery;
10. Hardware store;
11. Painting and decorating boutique;
12. Frame shop.
C. The following personal service retail uses provided that the
interior floor area is five thousand (5,000) square feet or less:
1. Bank, or offices of a real estate brokerage or management, stock
brokerage, financial advising or planning, insurance agency or other
financial institution;
2. Barbershop or beauty salon;
3. Milliner/dressmaker/tailor;
4. Shoe maker/shoe repair;
5. Caterer;
6. Photocopying and printing;
7. Optician;
8. Decorator;
9. Packing and shipping.
D. Business, professional, administrative, or governmental office
provided that the interior floor area is five thousand (5,000) square
feet or less.
E. Fire station and emergency medical services.
F. The following uses provided that the area on which construction
occurs is five thousand (5,000) square feet or less (excluding
underground utilities):
1. Any municipal utility or public utility purpose necessary to the
maintenance of utility services, except that substations and similar
structures shall be subject to the same setback requirements as apply to
buildings in the Commercial Zone.
§ 7.3. Principal uses permitted only with special use permit approval.
The following uses are permitted in the Commercial Zone, subject to the
approval of a special use permit by the Village's Planning Board, in
accordance with the procedures set forth in Article 19:
A. Any of the uses set forth in § 7.2 above as being permitted as of
right in which case the interior floor area for such use exceeds five
thousand (5,000) square feet but does not exceed ten thousand (10,000)
square feet;
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B. The following uses provided that the area on which construction
occurs exceeds five thousand (5,000) square feet but does not exceed ten
thousand (10,000) square feet (excluding underground utilities):
1. Any municipal utility or public utility purpose necessary to the
maintenance of utility services except that substations and similar
structures shall be subject to the same setback requirements as apply to
buildings in the Commercial Zone;
C. Bank or other financial institution with a drive-through facility
consisting of no more than a total of two (2) drive-through lanes, each
lane either being served by a teller or providing an automatic teller
machine;
D. Child day-care center or adult day care facility;
E. Clubhouse or lodge;
F. Community center;
G. Laundromat, dry cleaning (self-service or pickup);
H. Restaurant, deli, sandwich shop or coffee shop;
I. Health club or fitness center;
J. Gas station or electric charging station;
K. Wine or liquor store;
L. Tavern, bar, or pub;
M. Spa;
N. Car share service;
O. Telecommunications tower and/or facility;
P. Any other lawful use, not otherwise specifically referred to in
this Article 7, that the Planning Board finds is substantially similar to
a use permitted in the Commercial Zone, either as of right in § 7.2
above, or with the approval of a special use permit in § 7.3, and which
use the Planning Board determines does not have greater adverse impact
upon traffic, noise, air quality, parking, or any other attribute
reasonably relevant, than a use permitted as of right in § 7.2 above.
§ 7.4. Permitted accessory buildings and uses.
The following accessory buildings and uses are permitted in the
Commercial Zone:
A. Accessory buildings and uses permitted in the Multiple Housing
Zone;
B. Automobile parking, in accordance with the requirements of this
Article and the requirements of Article 12;
C. Signs, in accordance with the requirements of Article 10;
D. Solar energy collectors in accordance with the requirements of this
Article and the requirements of Article 15.
§ 7.5. Height of buildings.
A. No building or structure in the Commercial Zone shall exceed two
(2) stories or thirty-five (35) feet in height, except as provided
otherwise in § 7.5.B.
B. A three (3) story building not exceeding forty-five (45) feet in
height may be erected provided that at least seventy-five percent (75%)
of the building's ground level floor area is occupied by neighborhood
retail uses, such as a restaurant, cafe, tavern or bar, market, drug
store, day spa, or salon. Approval of a neighborhood retail use shall be
determined by the Village's Planning Board through the site plan review
procedure.
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C. The height of a building shall be measured from the lowest point of
the existing grade at the building foundation to the highest point of the
building.
D. In cases where the proposed finished grade is higher than the
existing grade, the change must be approved by the Code Enforcement
Officer at the time of issuance of the building permit.
E. The height limitations of § 7.5 shall not apply to chimneys,
ventilators, skylights, or other necessary features ordinarily extending
above the roofs of commercial buildings, nor to spires of churches or
other buildings if such features are in no way used or usable for living
purposes, and these features will not be considered in determining the
height of a building.
§ 7.6. Building Setbacks.
A. Buildings in the Commercial Zone shall be set back from property
lines a minimum of thirty-five (35 feet), said dimension to be measured
at right angles to the property lines.
B. Where the Commercial Zone abuts another zoning district, setback
distance will be contingent on building height such that:
1. From the front property line, setbacks shall equal the maximum
height of the building, but in no case less than thirty-five (35) feet;
2. a. From the side and rear property lines, setbacks shall equal one
and one half (1½) times the maximum height of the building on the side
facing the respective side and rear property lines and not less than
thirty-five (35) feet, but are not required to be greater than sixty (60)
feet, and
b. A vegetative screen shall be installed to mitigate visual,
sound, and other impacts of the commercial use(s), subject to Planning
Board approval.
§ 7.7. Lot coverage.
A. No building or buildings shall be erected or extended so as to
exceed coverage of twenty-five percent (25%) of a lot.
B. In computing the lot coverage, the following shall be included:
1. The area of any accessory buildings;
2. Carports, open at the sides and roofed;
3. Unroofed porches or decks, the surface of which is over two (2)
feet above the surface of the underlying ground as finally graded;
4. Areas covered by building eaves extending in excess of three (3)
feet.
C. In computing the lot coverage, the following shall not be included:
1. Areas covered by overhanging building eaves of three (3) feet or
less;
2. Unroofed swimming pools;
3. Unroofed parking areas.
§ 7.8. Size of lots.
Lots shall have a minimum width of one hundred twenty-five (125) feet and
a minimum depth of one hundred fifty (150) feet.
§ 7.9. Frontage on public street.
Each lot shall have a minimum frontage on a public street of one hundred
twenty-five (125) feet, with the exception of lots in a cul-de-sac in a
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subdivision approved by the Planning Board, in which case they may have
such frontage as shown on the approved subdivision plan. This Local Law
shall apply to any lots hereinafter subdivided or developed by placing a
building thereon.
§ 7.10. Parking.
Parking requirements shall be as set forth in Article 12.
Article 8. Planned Development Zone
§ 8.1. Purpose.
The purpose of the Planned Development Zone (sometimes referred to in the
Local Law as a “PDZ”) is to permit, where appropriate, a degree of
flexibility in conventional land use and design regulations which will
encourage development in an imaginative and innovative way while insuring
efficient investment in public improvements, a more suitable environment,
and protection of community interests and amenities. This Article 8 is
intended to relate to both residential and nonresidential development, as
well as mixed forms of development. There may be development or uses,
now or in the future, which are not expressly permitted by the other
terms of this Local Law, but which would promote the objectives of the
Village's Comprehensive Plan if such development or uses adhere to
certain predetermined performance and design standards and conditions. A
Planned Development Zone is intended to be used to enable these
developments or uses to occur even though they may not be specifically
authorized by this Local Law.
§ 8.2. Establishment and location.
A Planned Development Zone may be established in any zoning district and
shall be subject to the requirements set forth in this Article and to any
special conditions imposed by the Village’s Board of Trustees which shall
supersede any requirements set forth in this Article.
§ 8.3. Requirements.
A. A minimum tract of five (5) acres is required for the development
of a Planned Development Zone.
B. Permitted land uses:
1. Residential land use;
2. Non-residential and non-commercial land use, such as recreational
space, community facilities, parkland, etc., if:
a. Such use will contribute to the quality of the proposed development
for the area;
b. Such use will enhance the surrounding neighborhood, including but
not limited to by preservation of open space, by providing enhancements
to vehicular and pedestrian traffic movement, by the addition of
landscaping, by conservation of natural features, or by some combination
of such components.
3. Commercial land use when such use is integral with, but clearly
ancillary to, residential use of the area within the Planned Development
Zone.
C. Density. The number of dwelling units provided in a Planned
Development Zone shall not exceed the number of units that would
ordinarily be permitted in the PDZ's area in accordance with the
regulations of the underlying zone or district.
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§ 8.4. Size of Lots.
Lot size shall be specified in the Board of Trustees’ approval of a
Planned Development Zone.
§ 8.5. Yards.
Buildings in a Planned Development Zone shall be located not less than
seventy-five (75) feet from any public road right-of-way line existing at
the time of the PDZ application, or one hundred (100) feet from any other
existing property line bordering the PDZ, or as specified in the Board of
Trustees’ approval of a PDZ.
§ 8.6. Height of Buildings.
A. Unless otherwise approved by the Board of Trustees, no building in
a Planned Development Zone shall be more than two (2) stories high, and
no building shall exceed a height of thirty-five (35) feet from the
average finished grade to the average height between the eaves and
ridgeline of a pitched roof or the highest point of a flat roof as
measured from the average finished grade to the highest point of the
building.
B. In cases where the proposed finished grade is higher than the
existing grade, the change must be approved by the Code Enforcement
Officer at the time of issuance of the building permit.
C. The height limitations of this Section § 8.6 shall not apply to
chimneys, ventilators, skylights, or other necessary features ordinarily
extending above roofs nor to spires of churches or other buildings if
such features are in no way used or usable for living purposes.
§ 8.7. Lot Coverage.
The total lot coverage for all buildings in the Planned Development Zone
shall not exceed the lot coverage requirements of the underlying zoning
district.
§ 8.8. Natural Features.
Existing natural features within a Planned Development Zone shall be
preserved to the maximum extent feasible and incorporated into the site
design.
§ 8.9. Stormwater Runoff.
In general, the rate of stormwater runoff from a Planned Development Zone
after development is complete shall not exceed the rate that would occur
under a natural undeveloped condition as calculated for a one hundred
(100) year storm and is in compliance with the Village’s Stormwater Local
Law and applicable State law and regulations.
§ 8.10. Site Planning Requirements.
A. Roads. All proposed roads in a Planned Development Zone shall be
designed and constructed to meet Village standards and specifications and
shall be approved by the Village Engineer.
B. Service Areas. Loading and service areas that face or are visible
from a public road, including areas for the storage of solid waste and
trash, shall be screened from public view by a vertical screen at least
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six (6) feet high. A landscaped buffer strip or a combination of
landscaping and fencing may be used to provide the required screening.
C. Public Transit and Parking. Appropriate provisions shall be made
for public transit and an adequate amount of off-street parking will be
provided for the proposed use. No off-street parking space shall be
located less than twenty-five (25) feet from any existing property line.
All parking areas containing more than four (4) spaces shall be
landscaped and shall be otherwise in compliance with Article 12 of this
Local Law.
D. Underground services. All electric, telephone, and television
lines and cables shall be installed underground. All access points shall
be landscaped in a manner approved by the Village’s Planning Board during
the site plan approval process for the PDZ.
E. Lighting. Adequate site lighting shall be provided and shall be
designed and located so that it does not produce glare on adjacent
properties, does not impede the vision of traffic on adjacent roads, and
shall be otherwise in compliance with Article 11 of this Local Law.
F. Access Drives. Multiple and extra-wide driveways shall be avoided.
Access drives that do not provide safe sight distances shall not be
permitted. Access drives shall intersect existing roads at a ninety (90)
degree angle and shall not have a slope of greater than five percent (5%)
for a distance of sixty (60) feet from the intersection of centerlines.
G. Intersections. On- and off-site intersections shall be designed to
accommodate traffic safely. Turning lanes, deceleration lanes, by-pass
lanes, and other safety measures shall be provided as required by the
Village’s Planning Board during the site plan approval process for the
PDZ.
H. Signs. One (1) identification sign shall be permitted. Such sign
may be two-sided but shall have a total area of no greater than sixteen
(16) square feet per side, and shall be otherwise in compliance with
Article 10 of this Local Law.
I. Operation. No offensive noise, traffic, odor, smoke, dust, heat,
glare, electrical disturbance, or other pollutants shall be produced by
the normal operating conditions of the proposed PDZ.
J. Landscaping. The number of trees to be planted in the PDZ shall be
at least equal to the number of trees removed for development purposes
and shall comply with standards set by the Village’s Shade Tree Advisory
Committee.
§ 8.11. Site plan approval.
Site plan approval for a Planned Development Zone shall follow the same
review procedures and shall have the same plan requirements as specified
for major subdivisions in Article 17 of this Local Law. Final approval
is also required from the Village's Board of Trustees.
§ 8.12. Special Circumstances.
Notwithstanding any of the requirements set forth in this Article, if the
Village’s Board of Trustees determines that, due to unusual circumstances
of a particular site, any of the requirements set forth in this Article
are not necessary, in the interest of public health, safety, and general
welfare, the Board of Trustees may modify such requirements subject to
any conditions it may wish to impose.
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Article 9. Natural Resources Overlay Zone
§ 9.1. Purpose.
The purpose of the Natural Resources Overlay Zone (sometimes referred to
in this Local Law as a “NROZ”) is to protect public health, safety, and
general welfare and to implement the goals and objectives of the
Village’s Comprehensive Plan pertaining to the Village’s environmentally
significant landscape features including but not limited to wetlands,
streams, steep slopes, native vegetation, etc. The NROZ designation
seeks to balance the rights of property owners to use their property for
reasonable purposes while also ensuring on behalf of all Village
residents that such use does not result in a significant loss or
degradation of the Village’s natural resources and the benefits which
they provide.
§ 9.2. Establishment and location.
A. The Natural Resources Overlay Zone described in this Article shall
be an overlay to the existing underlying zoning districts as shown on the
Village’s Official Zoning Map, may be established in any zoning district,
and shall be subject to the requirements set forth in this Article and to
any special conditions imposed by the Village’s Board of Trustees which
shall supersede the requirements set forth in this Article.
B. Land and water areas encompassed by the Natural Resources Overlay
Zone are set forth in the Village of Cayuga Heights Natural Resources
Maps (the "Natural Resources Maps") accompanying this Local Law, dated
[xxx], and signed by the Village Clerk. Said maps and all explanatory
matter thereon and amendments thereto are hereby made a part of this
Local Law and are on file in the Village offices.
C. Boundaries of land and water areas shown in the Natural Resources
Maps are approximate and subject to field verification by licensed
professionals. Should a dispute arise between the property owner and the
Village's Code Enforcement Officer concerning the boundaries of the land
or water areas, the property owner shall seek site plan approval from the
Village’s Planning Board. In all cases, the burden of proof and
submission of technical evidence to the Planning Board shall be the
responsibility of the property owner.
§ 9.3. General Provisions.
A. In those areas of the Village where the Natural Resources Overlay
Zone applies, its provisions shall be imposed in addition to the
requirements of the underlying zoning district. In the event that a
conflict exists between the overlay and underlying zoning district
regulations, the more restrictive provision shall apply to the area of
overlap.
B. The Natural Resources Overlay Zone is composed of four subzones
which consist of the following:
1. Intermittent streams as mapped by the United States Geological
Survey (USGS) as well as streamside buffers associated with these
streams. All mapped streams in Cayuga Heights are currently defined by
the USGS as intermittent streams.
2. Steep slopes equal to or greater than fifteen percent (15%) slope
or grade for a minimum run of thirty (30) horizontal feet.
3. Wetlands including but not limited to lands categorized as wetlands
by either the New York State Department of Environmental Conservation
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(NYSDEC), the National Wetlands Inventory (NWI), the United States Army
Corps of Engineers (USACE), or Tompkins County, or lands that have been
documented and mapped as wetlands by a qualified professional under
guidelines established by the USACE and NYSDEC. No lands categorized and
mapped as wetlands by the NYSDEC or the NWI currently exist in Cayuga
Heights.
4. Unique Natural Areas as defined by the Tompkins County
Environmental Management Council (EMC).
5. In the event that two (2) or more subzones overlap, the subzone
with the most restrictive provision shall apply to the area of overlap.
C. No site plan shall be approved by the Village’s Planning Board
which provides for construction or other disturbance of land in
environmentally sensitive areas, including but not limited to, wetlands,
watercourses, steep slopes, unique natural areas, or rare plant or animal
habitats, unless the applicant demonstrates with professional evidence
reasonably satisfactory to the Planning Board that such construction may
occur without significant adverse environmental effects upon such areas.
Nothing in this Article is intended to permit construction or other
activities in areas where the same are prohibited or regulated by other
laws or regulations of the federal, state, county, or local government.
§ 9.4. Intermittent streams.
A. A vegetative riparian or streamside buffer shall be required for
all development activities that occur in proximity to intermittent
streams with additional considerations for wetlands and steep slopes.
The minimum buffer width for all intermittent streams is twenty (20) feet
measured directly perpendicular in a horizontal plane on either on either
side of the top of the stream bank.
B. Should a steep slope equal to or greater than fifteen percent (15%)
for a minimum run of thirty (30) horizontal feet or a streamside wetland
exist within the riparian buffer, the entirety of that area will be added
to the measurement of the riparian buffer. Delineation is required for
streamside wetlands that have been previously identified as well as for
the areas where streamside wetlands may exist due to the presence of
hydric soils or wetland plant indicators.
C. The following activities are prohibited in the riparian buffer:
1. New construction of buildings, parking areas, or other structures
on or after the effective date of this Article, except fences and walls
in compliance with the requirements of Article 14;
2. Storage or placement of any hazardous materials detrimental to
public health, safety, or welfare;
3. Sewage systems including drain fields and raised systems;
4. Purposeful introduction of invasive plant species as referenced in
the "Regional Invasive Species List" produced by the Tompkins County
Environmental Management Council (last updated in 2009), or in “New York
State Prohibited and Regulated Invasive Plants” (last updated in 2014);
5. Waste storage and disposal including but not limited to disposal
and dumping of snow and ice, recyclable materials, manure, hazardous or
noxious chemicals, used automobiles or appliance structures, and other
abandoned materials;
6. Mining or removal of soil, sand and gravel, and quarrying of raw
materials;
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7. Dredging, deepening, widening, straightening or any such alteration
of the beds and banks of natural streams except where the New York State
Department of Environmental Conservation has issued a permit expressly
allowing such activities;
8. Application of herbicides or pesticides except as follows:
(a) Control of non-native invasive plant species, in accordance with
product label instructions and pursuant to applicable New York State laws
and regulations; and
(b) Protection of human or animal safety, in accordance with product
label instructions and pursuant to applicable New York State laws and
regulations;
9. Application of phosphorus fertilizer except in accordance with the
New York State Environmental Conservation Law § 17-2103.
D. The following uses or activities are permitted in the riparian
buffer:
1. The maintenance or repair of buildings, structures, and parking
areas existing at the time of the adoption of this Article;
2. The replacement, renovation, or restoration of buildings,
structures, and parking areas existing at the time of the adoption of
this Article, provided that the following conditions are met:
a. The footprint of the building, structure, or parking area within
the buffer is in the same location and has the same or smaller
dimensions; and
b. Best management practices are employed to reduce to the greatest
practicable extent adverse impacts on the buffer area and intermittent
stream.
E. The following uses or activities are permitted in the riparian
buffer, but only if such uses or activities do not modify or disturb more
than ten percent (10%) of the entire buffer area unless deemed necessary
by the Village’s Planning Board for the protection of human health,
utility usage, public infrastructure, or the betterment of the riparian
corridor:
1. Benches or seating;
2. Implementation of educational and scientific research that does not
negatively impact the native vegetation;
3. Flood control, stormwater management structures, and stream bank
stabilization measures approved by the Tompkins County Soil and Water
Conservation District, Natural Resource Conservation Service, United
States Army Corps of Engineers, or New York State Department of
Environmental Conservation;
4. Maintenance and repair of roadways or impervious surfaces existing
at the time of the adoption of this Article;
5. Stream crossings necessary to access the property by driveway,
transportation route, or utility line which are designed to minimize
negative impacts to the stream and riparian buffer;
6. Public water supply intake or public wastewater outfall structures;
7. Public sewer lines and/or other utility easements;
8. Techniques to remove invasive species;
9. Non-paved recreational trails no wider than ten (10) feet that
either provide access to the stream or are part of a continuous trail
system running roughly parallel to the stream;
10. Limited tree cutting, forestry or vegetation management done in
accordance with the New York State Forestry Best Management Practices for
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Water Quality – BMP Field Guide and in consultation with the Village
Forester. Tree cutting may not compromise the integrity of the stream
bank or negatively impact the function of the riparian buffer. Any tree
cutting must retain at a minimum fifty percent (50%) of the tree canopy
in the riparian buffer at all times.
F. In the event the owner of any property located in the Village
determines to undertake an activity or improvement contrary to the
requirements of this Section § 9.4 for which there is no practicable
alternative, or that such activity or improvement serves a public need
where no feasible alternative is available, said owner shall apply to the
Village’s Planning Board for site plan review in accordance with the
procedures set forth in Article 17.
§ 9.5. Steep slopes.
A. No area with slopes greater than or equal to twenty-five percent
(25%) for a minimum run of thirty (30) horizontal feet and a minimum area
of five hundred (500) square feet shall be disturbed, developed, or
redeveloped, including but not limited to by the placement of impervious
surface, the exposure or movement of soil or bedrock, or the clearing,
cutting, or removing of vegetation that could impair the stability of the
slope with the exception of invasive plant species.
B. Where slopes are greater than or equal to fifteen percent (15%) for
a minimum run of thirty (30) horizontal feet and a minimum area of five
hundred (500) square feet not contained within a riparian buffer, no area
with such slope may be developed without site plan approval by the
Village’s Planning Board in accordance with the procedures set forth in
Article 17, which site plan review shall consider whether environmental
concerns, including but not limited to soil erosion, sedimentation of
waterbodies, increased storm water runoff and flooding potential, and
degradation of wildlife habitat, have been adequately addressed and that
the disturbance of the steep slope area is necessary for the proposed
development.
C. Slope percentages shall be calculated for each two (2) foot contour
interval by using one of the following resources or methods:
1. On-site measurement of slopes by registered professional engineers,
surveyors, or landscape architects, using accepted engineering practices;
2. Use of a United States Geological Survey (USGS) digital elevation
model (DEM) or Town of Ithaca two (2) foot topographic data; or
3. Other resources or methods determined by the Village’s Planning
Board to be of similar or greater accuracy than those listed above.
§ 9.6. Wetlands.
A. Nothing in this Section shall permit construction or other
activities in wetland areas and/or associated buffer areas where the same
are prohibited or regulated by other laws or regulations of the federal,
state, county, or local government.
B. Disturbance or damage to wetlands and/or associated buffer areas
due to construction or other activities shall be avoided wherever
possible to preserve the benefits provided by wetlands.
C. The following regulated activities have the potential to cause a
substantial adverse effect on wetland values and functions:
1. Any form of draining, dredging, excavation or removal of soil, mud,
sand, shells, gravel or other aggregate material;
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2. Any form of dumping, filling or depositing of any soil, stones,
sand, gravel, mud, rubbish or fill of any kind, either directly or
indirectly;
3. Erecting any structures or roads, the driving of pilings or placing
of any other obstructions, whether or not changing the ebb and flow of
the water;
4. Any form of pollution, including but not limited to draining or
discharging into the wetland a stormwater or sewer outfall, sewage
treatment effluent, or any other wastes;
5. Installation of any pipes, wells, service lines or cable conduits;
6. Alteration or modification of natural drainage patterns or
contours;
7. Construction of docks, pilings, bridges, dams, or other water
control devices whether or not they change natural drainage
characteristics;
8. Any other activity that alters the natural hydrology of the
wetland.
D. No person shall conduct a regulated activity within a wetland area
greater than five hundred (500) square feet or an associated buffer area
within fifty (50) feet of such wetland area without first obtaining site
plan approval from the Village’s Planning Board in accordance with the
procedures set forth in Article 17 and complying with any terms and
conditions required by the Planning Board.
E. Any regulated activity approved by the Planning Board shall disturb
the minimum wetland area reasonably necessary for its completion. The
Planning Board shall have the authority to require remediation of any
disturbed wetland area consistent with best management practices and to
impose compensatory mitigation for any impacts or losses pursuant to
guidelines established by the United States Army Corps of Engineers or
the New York State Department of Environmental Conservation.
F. Site plan review by the Village’s Planning Board is not required
for the following activities within a wetland area or an associated
buffer area provided such activities do not constitute a pollution or
erosion hazard or interfere with natural hydrology, and do not require
structures, grading, fill, draining or dredging for which site plan
approval may be required:
1. Normal ground maintenance including mowing and trimming of
vegetation, but excluding removal of vegetation that may cause erosion or
sedimentation;
2. Repair and maintenance of existing decorative landscaping and
planting;
3. Repair and maintenance of existing walkways, walls, and driveways;
4. Essential activities to promote public health, safety, and the
well-being of persons and property.
G. Wetland boundary delineation. All wetland areas subject to site
plan review by the Planning Board that are without a United States Army
Corps of Engineers (USACE) jurisdictional determination or a New York
State Department of Environmental Conservation (NYSDEC) boundary
determination shall be delineated by field investigation and flagging by
a qualified professional approved by the Planning Board, under guidelines
established by the USACE and NYSDEC, unless the requirement for
delineation is waived by the Planning Board. Delineations shall be valid
for a period not to exceed five (5) years from the date of delineation.
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§ 9.7. Unique Natural Areas
Any area within a Unique Natural Area may not be developed without site
plan approval by the Village’s Planning Board in accordance with the
procedures set forth in Article 17, in which the Planning Board shall
consider the criteria used by the Tompkins County Environmental
Management Council (EMC) in the EMC’s delineation of a UNA.
Article 10. Signs
§ 10.1. Purpose.
The purpose of this Article is to promote and protect public health,
safety and welfare in the Village of Cayuga Heights by regulating
existing and proposed outdoor signs and indoor window signs of all types.
The terms of this Article are intended to protect property values, create
a more attractive economic and business climate, enhance and protect the
physical appearance of the community, preserve scenic and natural beauty,
reduce distractions and obstructions that may contribute to traffic
accidents, and to maintain public safety, consistent with constitutional
requirements protecting freedom of speech and expression and allowing
adequate business identification.
§ 10.2. Scope.
All outdoor signs and indoor window signs are subject to the regulations
of this Article unless specifically excluded as follows:
A. Any sign owned and installed by a governmental agency or required
by any law, governmental order or regulation;
B. Government flags and insignia, except when displayed in connection
with commercial promotion;
C. Integral decorative or architectural features of buildings, except
letters, trademarks, moving parts or moving lights;
D. Signs carried by hand;
E. Signage permanently painted, sealed, or adhered on motor vehicles
registered for commercial purposes and containing information pursuant to
the conduct of those commercial purposes including but not limited to the
name, address, telephone number, website and email address of the
business entity owning or utilizing the vehicle.
§ 10.3. Prohibited sign types.
A. Flashing, moving or the appearance of moving, animated, rotating,
oscillating, or fluttering signs.
B. Signs that produce noise, sound, odor, smoke, visible vapors or
particles, or any other emission.
C. Signs suspended by any rope, chain, or other device that allows the
sign to swing or move due to wind action.
D. Signs employing a mirror or other reflective devices.
E. Signs including a flag, banner, pinwheel, balloon, pennant, or
streamer.
F. Signs consisting of highly reflective glass or fluorescent paint.
G. Signs affixed to the exterior of a window or glass.
H. Signs of such design and location that they interfere with, compete
for attention with, or may be mistaken for a traffic sign or signal or
may be hazardous to traffic.
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I. Freestanding or projecting signs within an area bounded by the
intersection of the right-of-way of two or more streets and located
within thirty (30) feet from such intersection measured along the rights-
of-way of such streets, except informational signs erected by a
governmental body.
J. Billboards.
K. Signs that are displayed in such a manner as to disturb occupants
of any other building.
L. Neon signs framing windows.
M. Signs attached to or incorporated onto a light pole.
N. Signs painted, posted, or otherwise attached to any rock, fence, or
vehicle except as permitted in accordance with § 10.2.E. above.
O. Window and door signs exceeding fifteen percent (15%) of the glass
area and temporary window and door signs exceeding ten percent (10%) of
the glass area.
P. Signs erected or located on, within, or over any public right-of-
way unless specifically permitted in this Article.
Q. Commercial signs not accessory to a commercial use located on the
premises unless specifically permitted in this Article.
R. Any sign erected, constructed, or maintained on or above the roof
of a building.
S. Internally lit "can" or cabinet signs with transparent backgrounds.
T. Portable signs standing on the ground or attached to a vehicle or
trailer or a vehicle or trailer used primarily as a sign or a structural
support for a sign, except as permitted in accordance with § 10.2.E
above.
U. Bench signs.
V. Inflatable signs.
W. Signs, in whole or in part, that are obscene or pornographic in
character.
X. Self-illuminated or back-illuminated signs, including but not
limited to LED panels.
§ 10.4. General regulations for signs.
The provisions of this Section shall apply in all zoning districts unless
noted otherwise.
A. The following signs are permitted in any zoning district of the
Village without a sign permit, subject to the restrictions set forth
above in § 10.3:
1. Signs advertising the proposed sale, lease, or rental of the
premises upon which the sign is located, provided that:
a. The sign shall not exceed six (6) square feet in area and four (4)
feet in height,
b. The sign shall not be closer than three (3) feet to any lot line,
c. The sign shall not be closer than fifteen (15) feet from any road
or driveway,
d. The sign shall not be located in any public right-of-way,
e. The sign shall be removed within twenty-four (24) hours after the
sale has closed or rental lease has been signed, as the case may be,
f. No more than one such sign is permitted per property;
2. In the Residential Zone and in the Multiple Housing Zone, one (1)
professional nameplate not exceeding one (1) square foot in area and
affixed to the wall of a building;
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3. One (1) sign denoting the name and address of the occupants of
premises used for residential purposes, such sign not to exceed one (1)
square foot in area;
4. One (1) sign per building permit denoting the architect, engineer
and/or contractor, placed on the premises where construction, repair or
renovation is in progress, provided that:
a. The sign shall not exceed six (6) square feet in area and four (4)
feet in height,
b. The sign shall not be closer than three (3) feet to any lot line,
c. The sign shall not be located in any public right-of-way,
d. The sign shall be removed within twenty-four (24) hours after
issuance of a certificate of occupancy for the construction, repair or
renovation;
5. In the Commercial Zone, directional (entrance/exit) signs on
premises, each not exceeding two (2) square feet in area and which shall
not include any trademarks or names of businesses conducted or products
sold;
6. A sign or notice, having an area of ten (10) square feet or less,
of a public utility necessary for the direction, information, or safety
of the public.
B. Except for the signs specified in subsection A.1-6 above, no other
permanent sign shall be erected in any zoning district of the Village
without first securing a permit to erect such signs from the Code
Enforcement Officer.
C. Any modification or redesign of any existing non-exempt permanent
sign shall require a permit from the Code Enforcement Officer.
D. In order to obtain a sign permit, the proposed sign shall be in
compliance both with the restrictions set forth above in § 10.3 and with
the design guidelines specified below in § 10.9.
§ 10.5. Temporary signs.
Non-commercial temporary signs shall be allowed in all zoning districts
in addition to any other signs permitted by this Article, without a
permit, subject to the restrictions set forth above in § 10.3 and to the
following additional restrictions and specifications:
A. Not more than one (1) temporary sign at any time may be erected or
maintained on any parcel by the property owner. Any such temporary sign
may remain on the parcel for a period not exceeding sixty (60) calendar
days.
B. After the elapse of four (4) months following the last day that a
temporary sign had been erected, a second temporary sign may be erected
on the same parcel by the property owner for a second period not to
exceed sixty (60) calendar days. There shall be no more than two (2)
such periods of sixty (60) calendar days within any twelve (12) month
period.
C. No temporary sign shall be larger than six (6) square feet in area
or more than four (4) feet in height.
D. No temporary sign shall be closer than three (3) feet to any lot
line.
E. No temporary sign shall be located in the Village’s public right-
of-way.
F. No temporary sign shall be illuminated.
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§ 10.6. Temporary banners.
Temporary banners announcing community events held within the Village are
subject to the following regulations:
A. The banner will be limited to announcing community events approved
by the Village’s Board of Trustees and held within the Village;
B. The banner will require a permit from the Code Enforcement Officer;
C. The banner shall be placed only within the Commercial Zone and the
design, location, and mounting shall be approved by the Code Enforcement
Officer;
D. Display of the banner shall be limited to fourteen (14) calendar
days prior to an event and shall be removed within two (2) calendar days
after the event.
§ 10.7. Historic signs.
Historic signs designated by a recognized governmental agency or
authority and approved by the Village's Planning Board shall be
consistent in materials and size with other historic signs already
existing in the Village.
§ 10.8. Commercial signs.
The following commercial signs require a sign permit. Said signs shall
denote only the name of the owner, street address, trade names,
trademarks, products sold and/or the business(es) or activity conducted
on the premises where such sign is located, and said signs may be erected
only in accordance with the following requirements.
A. The following commercial signs are permitted in the Multiple
Housing Zone and in the Commercial Zone:
1. One sign and one bulletin board customarily incident to places of
worship, libraries, and museums, to be located on the premises of such
institutions, and such sign and bulletin board cumulatively not to exceed
eighteen (18) square feet in area.
2. One sign for social clubs or societies, to be located on the
premises of such institutions, not to exceed six (6) square feet in area.
B. The following commercial signs are permitted only in the Commercial
Zone:
1. Each building may have one (1) or two (2) signs, whose total
cumulative area shall not exceed twenty (20) square feet. Said signs may
be attached to or painted on the front or face of a building or one or
both signs may be indoor signs.
2. Where more than one business occupies a single building, in place
of the sign restrictions in § 10.8.B.1 above, each business may have one
(1) or two (2) signs whose total area shall not exceed ten (10) square
feet. Indoor signs are included in the sign count and area calculation.
3. If there are more than two businesses operated on any one parcel or
contiguous parcels, which parcel or parcels are under the ownership,
operation, management, or control of the same person, persons, firms,
corporation, or other entity, such as a shopping center or other multi-
use facility, one (1) free standing sign which shall not exceed twenty
(20) square feet shall be permitted for the parcel, parcels, development,
or shopping center as a whole, regardless of the number of separate
businesses operated thereon. The signs for each individual business must
comply with the requirements of § 10.8.B.1 above.
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4. Signs advertising store hours and “rules” of conduct are exempt
from this section.
§ 10.9. Commercial “off-premises” signs.
Commercial “off-premises” signs, including but not limited to signs
advertising a business not located on the premises where the sign is
located, or directional real estate or yard sale signs not located on the
premises where the real estate or yard sale is occurring, are not
permitted in any zoning district.
§ 10.10. Design standards and guidelines for signs.
A. The following design standards are mandatory requirements for all
signs:
1. Any illuminated sign and any lighting device for a sign shall
employ only lights emitting constant intensity, and the direction and
intensity of such lights shall not cause any nuisance or traffic hazard
and shall comply with the requirements of Section § 10.11 of this
Article;
2. A sign may project horizontally not more than two (2) feet from the
front or face of a building;
3. The maximum height of any part of a freestanding sign shall be six
(6) feet above ground level except for local tourist-oriented directional
signs (see definition herein) which shall be a maximum of nine (9) feet
above ground level;
4. Additional standards for wall signs:
a. Only one (1) wall sign per commercial establishment shall be
permitted unless that establishment has street frontage on more than one
(1) side;
b. All wall signs shall be located on the building front or face wall,
except as permitted by this Article;
c. No wall sign shall extend beyond the outer edge of any wall of the
building to which it is attached;
d. No wall sign shall extend above the eaves of the building to which
it is attached;
e. No wall sign shall extend above the floor or level of the floor of
a second story of a building upon which such sign is attached;
f. A wall sign shall be parallel to the wall to which it is attached
and shall not project more than twelve (12) inches therefrom;
g. No wall sign shall contain letters, numbers or other cryptic
symbols which exceed twelve (12) inches in height or width.
B. The following design guidelines are intended to foster appropriate
and compatible graphic design, material, colors, illumination, and
placement of proposed signs and provide guidance to the Code Enforcement
Officer, Planning Board, and Zoning Board of Appeals:
1. Signs should be appropriate to the architectural character of the
building or buildings with which they are associated;
2. Sign panels and graphics should relate with and not cover
architectural features or details and should be in proportion to them;
3. Layout should be orderly and graphics concise;
4. No more than two typefaces should be used on any one sign or group
of signs indicating one message;
5. The number of colors used should be the minimum consistent with the
design;
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6. Illumination should be appropriate to the character of the sign and
its surroundings and shall be in accordance with Section § 10.11 of this
Article;
7. Groups of related signs or multiple signs located on the same
premises should express uniformity and create a harmonious appearance.
§ 10.11. Sign Lighting.
A. The area, brilliance, character, color, degree, density, intensity,
location and type of sign lighting shall be the minimum necessary for the
intended purpose of such illumination, consistent with public safety and
welfare.
B. No illumination shall be located so as to be confused with traffic
control signals, either by color or proximity.
C. All sources of illumination shall be shielded or directed in such a
manner that the direct rays therefrom are not cast upon any property
other than the lot on which such illumination is situated and shall not
interfere with the normal enjoyment of residential uses.
C. Illumination shall be steady in nature, not flashing, moving or
giving the appearance of moving, not changing in brilliance, color or
intensity.
D. Signs shall be illuminated indirectly or internally with white
light. Exposed neon tubing and signs containing words or symbols shaped
or formed directly from neon tubes or similar illuminating devices are
not permitted. Neon and other gas-type illumination shall be permitted
within an internally lighted sign, provided that such lighting is
transmitted through the letters or symbols of the sign, and further
provided that such letters or symbols are designed for and integrated
into the face of the sign prior to erection and are not glued, pinned or
otherwise affixed to the face of the sign. Internal lighting which shows
through the translucent area of the face of a sign not containing words
or symbols is not permitted.
E. All sign lighting shall be turned off within one (1) hour of the
close of the business referenced by the sign and remain turned off until
one (1) hour prior to the opening of such business. Verification of the
ability to control the sign lighting shall be required as part of a sign
permit application.
§ 10.12. Sign Construction and Maintenance.
A. All signs shall be securely built subject to the approval of the
Code Enforcement Officer as to the structural safety thereof by
recognized engineering standards. All wood portions of signs and sign
structures must be painted or treated to prevent decay.
B. All signs shall be maintained in good structural condition at all
times and be kept clean and neatly painted, including all supports and
appurtenances.
C. The owner of a sign and/or the owner of the premises on which such
sign is located shall be jointly and severally liable to maintain such
sign, including any illumination sources, in a neat and orderly condition
and good working order at all times and to prevent the development of any
rust, corrosion, rotting, or other deterioration in the physical
appearance or safety of such sign.
D. The Code Enforcement Officer shall have the authority to order the
painting, repair, alteration, or removal of any sign which constitutes a
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hazard to the public health, safety, or general welfare by reason of
inadequate maintenance, dilapidation, or obsolescence. Evidence of a
hazardous sign shall include, but is not limited to, signs swinging as a
result of wind pressure, hazards to vehicular traffic or pedestrians, and
signs obstructing any part of a window, doorway, ventilation system, fire
exit or any means of ingress or egress.
E. Unsafe signs, damaged or deteriorated signs, or signs in danger of
falling shall be put in order or removed upon written notice by the Code
Enforcement Officer. Immediate compliance is expected for the repair or
removal of unsafe signs. If compliance is not achieved within the time
period specified in such notice, the sign shall be repaired or removed by
the Village and the costs assessed to the property owner.
F. Unsafe temporary signs, damaged or deteriorated temporary signs, or
temporary signs in danger of falling shall be put in order or removed
upon written notice by the Code Enforcement Officer. Immediate compliance
is expected for the repair or removal of unsafe temporary signs.
§ 10.13. Computation of sign area.
A. The area of a sign shall be measured from the outer dimensions of
the frame, trim, or molding by which the sign is enclosed, where they
exist, or from the outer edge of the signboard where they do not exist.
B. When a sign consists of individual letters, symbols, or characters
without a frame, its area shall be computed as the area of the smallest
rectangle which encloses all of the letters, symbols, and characters.
C. When a sign consists of two (2) faces, only one (1) face of the
sign shall be used in computing the sign area if the faces are parallel
to and within twelve (12) inches of each other. Otherwise, all faces of
the sign shall be used to compute the sign area.
D. The area of a three-dimensional representational sign shall be
computed as the largest face of the smallest rectangular box which
encompasses the sign.
§ 10.14. Nonconforming signs.
A. Signs legally existing prior to the effective date of this Article,
or of any amendment hereto, that now fail to conform to the current
requirements of this Article may continue to be maintained, provided that
any such sign shall not be enlarged, altered, relocated, or replaced
except in accordance with the provisions of this Article.
B. A nonconforming sign shall be removed or brought into conformity
with the requirements of this Article upon a change in use of the
premises upon which such sign is located within thirty (30) calendar days
of said change in use.
C. A nonconforming sign related to an existing use shall be removed or
made conforming prior to the issuance of any subsequent sign permit for
such use.
§ 10.15. Sign permit application.
A. Application for a sign permit shall be made in writing upon forms
provided by the Village’s Code Enforcement Officer and there shall be
attached a detailed, to-scale drawing or blueprint showing a description
of the construction details of the sign and showing all the lettering
and/or graphic matter composing the sign; position of lighting or other
extraneous devices; a location plan showing the position of the sign on
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any building or land, and its position in relation to nearby buildings or
structures and to any private or public street or highway.
B. A fee as set by the Village's Board of Trustees is due on submittal
of the sign permit application.
C. No sign permit shall be issued until the permit application fee has
been paid.
§ 10.16. Enforcement.
A. The provisions of this Article shall be administered and enforced
by the Village’s Code Enforcement Officer, who shall have the authority
to enter upon the premises upon which a sign is located or is to be
located to make inspections in accordance with Article 16 below.
B. If the Code Enforcement Officer determines that a sign permit
application is complete and complies with the requirements of this
Article, the Code Enforcement Officer shall issue a sign permit.
C. If the Code Enforcement Officer determines that a sign permit
application is incomplete or that the proposed sign does not comply with
the requirements of this Article, the Code Enforcement Officer shall
notify the applicant as soon as practicable.
D. As part of the application process, the Code Enforcement Officer
may refer the application to the Village's Planning Board for review and
advice.
E. Revocation of permit and removal of signs.
1. Any sign which advertises a business that is no longer conducted on
the premises shall be removed by the owner of the premises upon which
such sign is located as soon as the business ceases to operate on said
premises.
2. No sign, whether new or existing, shall hereafter be erected or
altered except in conformity with the provisions of this Article.
3. In the event of a violation of any of the provisions of this
Article, the Code Enforcement Officer shall notify in writing the owner
of the premises on which the non-compliant sign is located to remove,
repair, or bring the sign into compliance within thirty (30) calendar
days of the date of such notice, except in the case of unsafe signs, in
which case the owner must effect compliance immediately upon receipt of
such written notice.
4. In the event of failure to comply with the requirements of said
notice within the period required therein, the permit for such sign shall
be automatically revoked and the owner of the land on which such sign is
erected shall immediately remove such sign.
§ 10.17. Appeals.
The owner of the premises upon which the sign is or is intended to be
located, or the person responsible for the sign, may appeal a
determination of the Code Enforcement Officer under this Article to the
Village’s Zoning Board of Appeals in accordance with the procedures set
forth in Article 20.
Article 11. Exterior Lighting Standards
§ 11.1. Purpose.
The purpose of this Article is to set forth lighting standards for
outdoor uses that serve to create a safe and comfortable nighttime
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environment, while protecting the public’s ability to view the night sky.
These lighting standards are designed to ensure personal safety, prevent
motor vehicle and pedestrian conflicts, and reduce the negative effects
of glare, light pollution and light trespass.
§ 11.2. Scope.
All exterior lighting and interior lighting to the extent that it impacts
the outdoor environment shall comply with the requirements of this
Article, unless specifically excluded. The following light sources are
not regulated by this Article:
A. Public roadway lighting;
B. Lighting in the public right-of-way installed by the governmental
authority having jurisdiction thereof;
C. Lighting required temporarily for emergency purposes or repairs in
the public right-of-way, which lighting must comply with applicable State
regulations;
D. Temporary use of low-wattage lighting for public festivals or
events and the observance of holidays, provided that such use does not
create disability glare that may cause a hazard for vehicle or pedestrian
travel or a vehicle/pedestrian conflict;
E. Lighting installed by a governmental entity for the benefit of the
public health, safety, and welfare.
§ 11.3. Prohibited lighting types.
A. Blinking, flashing, moving, oscillating, or changing intensity
lights, including those used or proposed for signage;
B. Lighting that could be confused with a traffic control device;
C. Lighting of a type, style or intensity determined to interfere with
vehicle or pedestrian traffic safety;
D. Strobe lights, searchlights, beacons or laser light, or similar
upward or outward oriented lighting;
E. Exposed neon, exposed LED, or similar exposed lighting, except when
used for illuminating window signs and the display area of electronic
message signs;
F. Lighting creating a public hazard, including lighting that creates
disability glare particularly where such disability glare has a
detrimental effect on vehicle or pedestrian traffic;
G. Lights mounted on poles for the purpose of illuminating the
building façade;
H. High-intensity floodlighting except as approved specifically for
sports facility lighting;
I. Wallpack light fixtures that are not classified as full cutoff.
§ 11.4. Control of glare, shielding requirements.
The provisions of this Section shall apply to exterior lighting in all
zoning districts. Lighting regulations applying to signs are set forth
in § 10.11 above.
A. All exterior lighting fixtures not otherwise addressed by this
Article shall be type FL, FM, FH, BL, BM or BH as defined by the BUG
(Backlight, Uplight and Glare) system of the Illumination Engineering
Society of North America (IESNA).
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B. Notwithstanding the foregoing, a lighting fixture containing a
single incandescent lamp of sixty (60) watts or less, or equivalent light
output, does not require shielding when installed in the Residence Zone.
§ 11.5. Installation, reflection, illumination, height and power
requirements.
A. The installation of any mercury vapor fixture or lamp for use as
outdoor lighting is prohibited in all zoning districts.
B. The installation of high-intensity illumination, including but not
limited to high-pressure sodium, metal halide or fluorescent linear
fixtures or lamps is prohibited in the Residence Zone.
C. Exterior lighting fixtures shall be designed and arranged not to
reflect or shine light onto adjoining properties or streets, and not to
distribute light skyward.
1. Light fixtures located near property lines shall have a back
lighting zone classification of BL.
2. Light fixtures with an upper lighting zone classification such as
UL or UH are prohibited.
3. Light fixtures mounted under roof overhangs, soffits, and canopies
shall be recessed so that the lamp and/or lens cover is flush with the
bottom surface of the canopy or overhang, or is shielded by the fixture
or the edge of the structure so that light is restrained to an angle no
higher than eighty (80) degrees above nadir.
4. Floodlights and spotlights, except for approved sign lighting,
shall be aimed at an angle no higher than forty-five (45) degrees above
nadir.
5. If, due to topography, such as steep slopes, the use of fully
shielded light fixtures is not sufficient to prevent light trespass onto
adjacent properties, additional shields, or floodlights and spotlights
aimed at angles less than forty-five (45) degrees above nadir, may be
required.
D. Average illumination levels generated by exterior lighting shall
not exceed one (1) footcandle for medium activity areas, such as a
community shopping center, office park, or residential complex parking,
and two (2) footcandles for high activity areas, such as a fast food
facility. The maximum illumination level at the property line from which
light originates adjacent to a residential property shall not exceed two-
tenths (0.2) footcandle as measured three (3) feet above the ground along
the residential property line and within adjacent residential property.
E. For security and safety lighting of nonresidential property in all
zoning districts, including but not limited to parking lots:
1. Light fixture height must not exceed twenty-five (25) feet from
finished grade to the underside of the light fixture and light fixtures
must be full cutoff and Dark Sky compliant;
2. Recommended lamp types are LEDs of 2700K CCT or lower; and
3. Timers, sensors, and/or dimmers should be used where practicable to
reduce energy consumption and unnecessary lighting.
F. The total power of a lamp in a lighting fixture shall not exceed
two hundred and sixty-five (265) watts.
G. All levels of illumination, luminance, and glare not limited within
this Article must not exceed recommended activity levels from the latest
Illuminating Engineering Society of North America (IESNA) published
recommended practices and handbook. Where no standard from IESNA exists,
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the Planning Board shall determine the appropriate level in consultation
with the Village’s Code Enforcement Officer, taking into account levels
for the most comparable IESNA activity.
§ 11.6. Automatic teller machine lighting.
A. Exterior lighting installed to illuminate an automatic teller
machine may exceed the maximum lighting levels of this Article, provided
that the excess levels are the absolute minimum required in order to
comply with Article II-AA of the New York State Banking Law, commonly
referred to as the "ATM Safety Act."
§ 11.7. Existing nonconforming lighting fixtures.
A. Any lighting fixture that replaces an existing nonconforming
lighting fixture, or any existing nonconforming lighting fixture that is
relocated, shall comply with the requirements of this Article.
B. Any existing nonconforming lighting fixture that creates disability
glare such that it creates a safety hazard shall be either shielded or
redirected, upon notification to the owner or occupant.
§ 11.8. Enforcement.
A. The provisions of this Article shall be administered and enforced
by the Village’s Code Enforcement Officer, who shall have the authority
to enter upon the premises upon which exterior lighting is located or is
to be located to make inspections in accordance with Article 16 below.
B. If the Code Enforcement Officer determines that lighting does not
comply with the provisions of this Article, the Code Enforcement Officer
shall notify the owner of the premises on which the non-compliant
lighting is located to remove, repair, or bring the lighting into
compliance within thirty (30) calendar days of the date of such notice,
except in the case of unsafe lighting, in which case the owner must bring
the lighting into compliance upon receipt of written notice.
§ 11.9. Appeals.
The owner of the premises upon which the lighting is or is intended to be
located, or the person responsible for the lighting, may appeal a
determination of the Code Enforcement under this Article to the Village’s
Zoning Board of Appeals in accordance with the procedures set forth in
Article 20.
Article 12. Off-Street Parking
§ 12.1. Purpose.
The purpose of this Article is to promote the health, safety, and general
welfare of Village residents by regulating within the Village of Cayuga
Heights the off-street parking and storage on private property of
automobiles, recreational vehicles, boats, trailers, and other types of
motor vehicles (hereinafter referred to collectively as “motor
vehicles”).
§ 12.2. Scope.
The provisions of this Article shall apply within all zoning districts to
all motor vehicles, recreational vehicles, boats, and trailers as defined
in Section 125 of the New York State Vehicle and Traffic Law.
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§ 12.3. General Regulations.
The following provisions shall apply to all off-street parking areas,
driveways, and curb cuts.
A. Off-street parking of motor vehicles is permitted only in approved
parking spaces, parking areas, or parking lots, except that on premises
improved only by a one-family dwelling or a two-family dwelling, motor
vehicles may be parked in the driveway on such premises. In any case,
parking is not permitted on lawns, sidewalks, or other areas not
developed for the parking of motor vehicles in accordance with the
provisions of this Article.
B. No motor vehicle parking is permitted in any front yard setback,
except motor vehicles may be parked in the driveway on premises improved
only by a one-family dwelling or a two-family dwelling.
C. Physical character of parking spaces. The surface of the parking
area shall be crushed stone, brick, concrete, asphalt, permeable
pavement, or similar materials.
D. Drainage. All newly constructed or enlarged parking areas,
including associated driveways and vehicle maneuvering areas, shall have
adequate provisions to prevent surface water from draining to or across
adjoining properties, sidewalks or streets during, at a minimum, a ten-
year storm event, and shall comply with the provisions of Local Law No. 2
of 2007, Stormwater Management and Erosion & Sediment Control.
Stormwater runoff shall be designed to not flow across any public
sidewalk to a stormwater facility. All drainage systems in existing
parking areas shall be maintained in good working order.
E. Access requirements. All parking spaces shall have access to a
public street by way of a driveway.
1. The portion of access driveways between the edge of pavement of a
public street and a sidewalk, where a sidewalk exists, must be hard-
surfaced with concrete, brick, asphalt or other material approved in
writing by the Village Engineer.
2. Driveways must be at least eight (8) feet wide on premises improved
only by a one-family dwelling or a two-family dwelling and at least ten
(10) feet wide for all other uses, and must have clear visibility to the
street. Any vegetative screening must be so designed that it shall not
interfere with sight lines necessary for pedestrian and driver safety.
Maximum driveway width shall be twenty-four (24) feet.
3. Maximum driveway grades. In the Multiple Housing and Commercial
zoning districts, excepting one-family and two-family dwellings in those
districts, driveways to areas containing parking spaces for three or more
vehicles shall be graded to form a street entry with a maximum grade of
eight percent (8%) for a distance of twenty-five (25) feet from the edge
of pavement of the public street.
4. Adjacent driveways and combined curb cuts. Driveways on adjacent
lots may be side by side or may be combined.
5. Driveway aisles. Where permitted, one-way driveway aisles shall
have a minimum width of ten (10) feet and a maximum width of twelve (12)
feet. Two-way driveway aisles shall have a minimum width of twenty (20)
feet and a maximum width of twenty-four (24) feet.
6. Required maintenance. For so long as they remain in use as such,
all parking areas and associated driveways and vehicle maneuvering areas,
as well as any associated screening, plantings and drainage systems, must
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be maintained to preserve their intended function and to prevent
nuisances or hazards to people, surrounding properties and public streets
and sidewalks.
F. Minimum number of off-street parking spaces required.
1. One-family dwellings and two-family dwellings:
a. Two (2) garage or off-street parking spaces for each dwelling unit.
Notwithstanding any other provision of this Article, off-street parking
spaces outside of garages may be located within the area of any front
yard provided that no more than fifteen percent (15%) of the area of any
front yard is so occupied;
b. At least one (1) additional off-street parking space shall be
provided for a home occupation, in addition to those required for use by
each dwelling unit;
c. There shall be no parking spaces within the front yard setback,
however, motor vehicles may be parked in the driveway within the front
yard setback.
2. Buildings with more than two (2) dwelling units, except as
indicated below: One (1) garage or parking space shall be provided for
each dwelling unit, plus one (1) additional parking space for every three
(3) dwelling units, with no parking located farther than two hundred
(200) feet from the dwelling unit it is intended to serve. There shall
be no parking spaces within the front yard setback.
a. Fraternity or sorority: One (1) parking space for every two (2)
persons housed.
b. Dormitory: One (1) parking space for every four (4) persons housed.
c. Adult home: One (1) parking space for every (3) persons housed,
plus one (1) parking space for every two (2) employees or staff members.
3. Child day-care center or adult day-care facility: One (1) parking
space for each employee or staff member, plus one (1) parking space for
every six (6) adults/children to be cared for.
4. Commercial Zone: One (1) parking space for every one hundred (100)
square feet of floor area, excluding basements used for storage, except
in the case of the following uses, for which off-street parking shall be
provided in accordance with the following requirements:
a. Office or bank building: One (1) space for every two hundred (200)
square feet of gross leasable office or bank floor area;
b. Places of public assembly such as a theater, church, or restaurant:
One (1) space for every three (3) seats;
c. Retail store: One (1) space for every two hundred (200) square feet
of ground floor area plus one space for every five hundred (500) square
feet of sales area on all other floors;
d. Bar or tavern: One (1) space for every fifty (50) square feet of
floor area of the public space.
e. Fitness center or health club: One (1) space for every five (5)
persons allowed as determined by the maximum occupancy load.
5. In the case of mixed use of a building or lot, the space
requirements shall be computed for each use, and the total spaces
required for all uses shall be provided in accordance with this
subsection F.
6. Enclosed parking spaces shall be counted toward meeting the
required number of parking spaces.
G. Shared parking. If two (2) or more uses occur or are intended to
occur on the same lot, and the uses have substantially different hours of
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operation, the Code Enforcement Officer or, in the case of a project
subject to site plan review, the Planning Board, may approve the joint
use of parking spaces, provided that the intent of the minimum number of
off-street parking spaces required is fulfilled by reason of variation in
the operating hours of the different uses.
H. Parking space dimensions.
1. In parking areas with ten (10) or fewer parking spaces, each
parking space shall have a minimum width of nine (9) feet and a minimum
length of eighteen (18) feet.
2. In parking areas with eleven (11) or more parking spaces:
a. Perpendicular parking. For parking perpendicular to the driveway
aisle, parking spaces shall have a minimum width of nine feet (9) and a
minimum length of eighteen (18) feet.
b. Parallel parking. For parking parallel to the driveway aisle,
parking spaces shall have a minimum width of nine feet (9) and a minimum
length of twenty (20) feet.
c. Angled parking. For parking angled to the driveway aisle, parking
spaces shall have a minimum width of nine feet (9) and a minimum length
of eighteen (18) feet with driveway aisle widths as follows:
i. Thirty-degree parking: an aisle width of thirteen (13) feet for
one-directional flow and an aisle width of twenty-six (26) feet for two-
directional flow.
ii. Forty-five-degree parking: an aisle width of sixteen (16) feet for
one-directional flow and an aisle width of twenty-six (26) feet for two-
directional flow.
iii. Sixty-degree parking: an aisle width of twenty-one (21) feet for
one-directional flow and an aisle width of twenty-six (26) feet for two-
directional flow.
iv. The edge of the parking space pavement may be up to two (2) feet
inside the outermost line of the parking space where unobstructed vehicle
overhang is available.
d. The Planning Board may, at its discretion, allow the number of
spaces to be reduced from the above standards by up to twenty percent
(20%) in those cases in which Site Plan Review is required.
e. Parking for persons with disabilities. The combined width of the
parking space and the access aisle shall be in compliance with the
Americans with Disabilities Act (1990) and the New York State Uniform
Fire Prevention and Building Code. Signage as required by the New York
State Uniform Fire Prevention and Building Code shall be provided for all
parking spaces designated for use by accessibility-impaired persons and
associated access aisles.
I. No motor vehicle, recreational vehicle, boat, or trailer shall be
occupied for living purposes while parked on private property.
J. It is prohibited to park a truck or commercial vehicle greater than
12,000 pounds of gross weight, a truck-trailer, tractor-trailer or truck-
tractor on private property except for the purpose of loading or
unloading the same, and then only during such time as is reasonably
necessary for such activity.
§ 12.4. Nonconforming parking.
A. Parking areas that exist legally as of the effective date of this
Article, or of any amendment hereto, that fail to conform to the
requirements of this Article may continue to be used and maintained,
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provided that such parking areas shall not be enlarged, altered,
relocated, or replaced except in accordance with the provisions of this
Article.
B. Nonconforming parking areas shall be removed or brought into
compliance with the requirements of this Article in the event of any
construction on the premises that is subject to site plan review.
§ 12.5. Enforcement.
A. The provisions of this Article shall be administered and enforced
by the Village’s Code Enforcement Officer who shall have the authority to
enter upon the premises upon which the parking is located or is to be
located to make inspections in accordance with Article 16.
B. If the Code Enforcement Officer determines that parking does not
comply with the provisions of this Article, the Code Enforcement Officer
shall notify in writing the owner of the premises to bring the parking
into compliance within thirty (30) calendar days of the date of such
notice.
§ 12.6. Appeals.
The owner of the premises upon which the parking is or is intended to be
located may appeal a determination of the Code Enforcement under this
Article to the Village’s Zoning Board of Appeals in accordance with the
procedures set forth in Article 20.
Article 13. Property Maintenance
§ 13.1. Purpose.
The purpose of this Article is to protect the public health, safety and
welfare by establishing minimum standards governing the maintenance,
appearance, and condition of all property in the Village of Cayuga
Heights.
§ 13.2. Maintenance of the exterior of lots.
A. The owner of any lot in the Village shall be responsible for
maintaining the exterior of the lot free of litter and all nuisances and
hazards to the safety of owners, tenants, occupants, pedestrians and
other persons having access to the lot, and free of unsanitary
conditions, and the owner shall promptly remove and abate any of the
foregoing. Hazards shall include but not be limited to the following:
1. Refuse consisting of broken glass, stumps, garbage, trash and
debris of any description, excepting brush piles so long as they are
located in the back yard and are not visible from a public street or
sidewalk;
2. Natural growth consisting of dead or dying trees or parts thereof
and other natural growth which, by reason of age, rotting or
deteriorating conditions or storm damage, are dangerous to persons in the
vicinity thereof;
3. Overhangings consisting of loose, overhanging, and projecting
objects and accumulations of ice and snow, which by reason of location
above ground level, constitute dangers to persons in the vicinity
thereof;
4. Ground surface and unsanitary conditions consisting of holes,
excavations, breaks, projections, obstructions and excretion of pets or
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other animals on paths, sidewalks, walks, driveways, parking lots and
parking areas and other parts of the exterior of the premises which are
accessible to and used by persons having access to such premises;
5. Accumulation of stormwater other than in locations and to the
extent designed for same in a stormwater management plan; and
6. Sources of infestation of any insects, rodents, or other pests.
B. The owner of any lot in the Village shall be responsible for
performing the following maintenance activities on an ongoing basis:
1. Trees and other natural growth shall be kept pruned or trimmed in
order that such trees and natural growth to not constitute a hazard, as
defined above.
2. Lawn areas shall be kept mowed such that the height of growth in
any lawn area does not exceed ten (10) inches.
3. Drainage systems, facilities and features shall be maintained in
good operating condition and so as to prevent accumulation of stormwater,
except in locations and to the extent designed for same in accordance
with a stormwater management plan for the lot.
4. Chimneys and flue and vent attachments shall be maintained in
structurally sound and good operating condition.
5. Vegetation or lawn areas between the edge of pavement of any public
street and the property line of the lot shall be maintained in the same
manner and to the same standards as vegetation or lawn area within the
lot, notwithstanding that this area is within the public right of way,
however, the Village shall be responsible for maintenance of any street
trees in this area. The lot owner shall not install any hard surface in
this area other than a connection between the edge of pavement and the
driveway providing vehicular access to the lot, and then only as
authorized in writing by the Code Enforcement Officer.
6. Vegetation on a lot along a public street right-of-way or public
sidewalk shall be kept from becoming a hazard or nuisance to users of the
public street or sidewalk.
7. The exterior of all buildings shall be kept in good repair.
8. Building, commercial and industrial goods, equipment, tools and
materials shall not be stored or used at any location exposed to public
view, except while construction is occurring on the lot.
§ 13.3. Enforcement.
A. The provisions of this Article shall be administered and enforced
by the Village’s Zoning Officer who shall have the authority to make
necessary inspections in accordance with Article 16.
B. If the Zoning Officer determines that property maintenance does not
comply with the provisions of this Article, the Zoning Officer shall
notify in writing the owner of the premises to bring the premises into
compliance within thirty (30) calendar days of the date of such notice.
§ 13.4. Appeals.
The owner of the premises subject to enforcement under this Article may
appeal a determination of the Code Enforcement under this Article to the
Village’s Zoning Board of Appeals in accordance with the procedures set
forth in Article 20.
Article 14. Fences and Walls
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§ 14.1. Purpose.
The purpose of this Article is to protect the health, safety, and welfare
of Village residents by providing guidelines and standards for the types
of fences and walls erected on any lot in the Village.
§ 14.2. Permits.
A. A zoning permit shall be required for fences or walls as follows:
1. Any fence or wall of any height within any yard that abuts a public
or private street; or
2. Any fence or wall that exceeds four (4) feet in height, regardless
of the location on the lot, except for seasonal exclosure fences.
B. Seasonal exclosure fences shall be exempt from the permitting
requirements. All permanent exclosure fences, within any yard that abuts
a public or private street, shall require a zoning permit.
C. Prior to the erection or construction of any fence or wall
requiring a zoning permit, the property owner must obtain a zoning permit
signed by the Village’s Code Enforcement Officer permitting the fence or
wall in the location(s) stated on the permit.
D. Any fence or wall in existence as of the effective date of this
Article may remain in existence, in its present location, provided that
it satisfies the requirements of this Article and is located either on
the owner’s property or along a property line and not within a street
right-of-way, even if no permit for such fence or wall had been issued.
§ 14.3. Fences up to four (4) feet in height and exclosure fences.
A fence up to four (4) feet in height, and any exclosure fence, may be
erected or constructed at any location on any lot, subject to the
limitations set forth above in § 14.2.
§ 14.4. Fences exceeding four (4) feet in height.
A fence that exceeds four (4) feet in height may be erected or
constructed provided that either:
A. It satisfies the height limitations of § 5.4, § 6.4, and § 7.5 and
the yard set-back limitations of § 5.5, § 6.5, and § 7.6; or
B. Any portion of a fence that exceeds four (4) feet in height and
that is located between a side or rear property line and the required
yard set-back, as well as any exclosure fence that is erected at any
location on the lot, must be constructed so that:
1. Any portion of such fence that is more than four (4) feet in
height, when viewed from a position that is at a right angle to the face
of the fence, is at least ninety percent (90%) open; and
2. All of the materials of such fence are not brightly-colored.
3. Notwithstanding the foregoing, chain link fencing will not be
permitted for the portion of a fence over four (4) feet in height, even
if such fence material otherwise satisfies requirements (1) and (2).
C. No fence exceeding four (4) feet in height, excluding exclosure
fences, shall be allowed between the front property line and the required
front yard setback.
D. Exclosure fences located between a front property line and the
required front yard set-back shall not exceed seventy-five percent (75%)
of the total linear front property line of any parcel of land.
§ 14.5. Fences exceeding eight (8) feet in height.
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No fence, including exclosure fences, exceeding eight (8) feet in height
may be erected or constructed at any location on any lot, unless it
satisfies the height limitations of § 5.4, § 6.4, and § 7.5 and the yard
set-back limitations of § 5.5, § 6.5, and § 7.6.
§ 14.6. Swimming pool fences.
Swimming pools are required to be enclosed by fences in accordance with
the applicable provisions of New York State law.
§ 14.7. Enforcement.
A. The provisions of this Article shall be administered and enforced
by the Village’s Zoning Officer who shall have the authority to make
necessary inspections in accordance with Article 16.
B. If the Zoning Officer determines that any fence or wall does not
comply with the provisions of this Article, the Zoning Officer shall
notify in writing the owner of the premises to bring the fence or wall
into compliance with the provisions of this Article within thirty (30)
calendar days of the date of such notice.
§ 14.8. Appeals.
The owner of the premises upon which a fence or wall is or is intended to
be located may appeal a determination of the Code Enforcement under this
Article to the Village’s Zoning Board of Appeals in accordance with the
procedures set forth in Article 20.
Article 15. Solar Energy Collectors.
§ 15.1. Purpose.
The purpose of this Article is to facilitate the use of solar energy
collectors to encourage the development of renewable energy sources, but
also to recognize that regulation of the installation, location
maintenance and operation of solar collectors are matters of public
importance involving issues of safety, neighborhood character, and
possible depreciated property values by reason of improperly installed,
located, maintained or operated collectors, and to establish requirements
for the installation, location, maintenance and operation of solar
collectors on properties in the Village of Cayuga Heights.
§ 15.2. Generally applicable standards.
A. All solar energy collectors installed in the Village shall be
subject to the following requirements:
1. Solar energy collectors shall be permitted only to provide power
for use by owners, lessees, tenants, residents, or other occupants of the
premises on which they are erected, but nothing contained in this
provision shall be construed to prohibit the sale of excess power through
"net metering" or "net billing" or a similar program in accordance with
New York Public Service Law 66-J or similar State or federal statute;
2. Solar collectors shall be designed, located, and tilted to minimize
reflective glare toward vehicles on adjacent roads and to the extent
practicable toward inhabited buildings on adjacent properties;
3. Solar energy collectors shall be located in locations and
configurations that mitigate their visibility from surrounding properties
to the extent practicable;
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4. Solar energy collectors shall be considered structures for the
purpose of compliance with Village laws and ordinances, shall require a
building permit and certificate of occupancy issued by the Village's Code
Enforcement Officer, and shall comply in their design, construction, and
operation with all other Village laws and ordinances, unless specifically
excluded by this Local Law.
B. Roof mounted solar collectors are permitted in all zoning districts
in the Village, subject to the following requirements:
1. The area covered by collectors shall not exceed eighty percent
(80%) of the entire roof area;
2. There shall be a minimum set back from all roof edges in accordance
with New York State Building Code;
3. On a pitched roof, collectors shall be mounted no more than twelve
(12) inches above the nearest adjacent roofing surface to which they are
affixed and shall not extend beyond the highest point of the roof; and
4. On a flat roof, collectors shall be installed in a manner and to a
maximum height not to exceed three (3) feet above the nearest adjacent
roofing surface that minimizes their visibility from surrounding
properties and roads, without hindering energy production.
C. Ground-mounted solar collectors are permitted as an accessory use
in all zoning districts of the Village, subject to the following
requirements:
1. Collectors shall be located in side or rear yards;
2. Collector locations shall meet all applicable setback requirements
of the zoning district in which they are located;
3. The height of any collector and any mount sha11 not exceed fifteen
(15) feet from ground elevation at any point when oriented at maximum
tilt;
4. The total footprint on the ground of all such collectors on any one
lot shall not exceed five hundred (500) square feet;
5. The area beneath any collector shall be included in the calculation
of lot area coverage;
6. No collector may be sited within a riparian streamside buffer or
any buffer required for some other conservation purpose;
7. Such installations should employ where practicable vegetative
landscape screening and man-made screening methods which harmonize with
the character of the property and surrounding neighborhood to minimize
collector and mount visibility from adjacent properties and roads;
8. Installations should minimize view blockage from and shadow impacts
on neighboring properties;
9. Installations must be performed by a qualified solar installer;
10. When solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Building Code when in use
and, when no longer used, shall be disposed of in accordance with the
laws and regulations of Tompkins County and other applicable laws and
regulations;
11. If a collector ceases to perform its originally intended function
for more than twelve (12) consecutive months, the property owner shall
remove the collector, mount, and associated equipment and facilities by
no later than ninety (90) calendar days after the end of the twelve (12)
month period;
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12. For a project that requires site plan approval, and which also
includes the installation of ground-mounted solar collectors, the site
plan review shall include review of the adequacy, location, arrangement,
size, design, and general site compatibility of any proposed collector.
§ 15.3. Enforcement.
A. The provisions of this Article shall be administered and enforced
by the Village’s Zoning Officer who shall have the authority to make
necessary inspections in accordance with Article 16.
B. If the Zoning Officer determines that any solar energy collector
does not comply with the provisions of this Article, the Zoning Officer
shall notify in writing the owner of the premises to bring the solar
energy collector into compliance with the provisions of this Article
within thirty (30) calendar days of the date of such notice.
§ 15.4. Appeals.
In the event that any owner of any property located in the Village
determines that they are aggrieved by the requirements of this Article,
said owner may apply to the Village's Zoning Board of Appeals to seek an
area variance for the construction of a solar collecting facility on
their property, and the Zoning Board of Appeals shall review such appeal
in accordance with the procedures set forth in Article 20. Article 16. Administration and Enforcement.
§ 16.1. Purpose.
The purpose of this Article is to assure compliance with all provisions
of this Local Law by providing equitable, expeditious, and effective
administration and enforcement and to provide for penalties for
violations of this Local Law.
§ 16.2. Planning Board.
The Village’s Planning Board is an advisory body responsible for the
administration of this Local Law. The Board’s responsibilities include
but are not limited to site plan review of proposed new development,
review of proposed subdivisions, issuance of special use permits, and
conducting environmental reviews under the New York State Environmental
Quality Review Act (SEQRA).
A. Regular Members.
The Planning Board shall consist of four (4) regular members and one (1)
chairperson, all of whom shall be Village residents serving in a
volunteer capacity. Each regular member and the chairperson of the
Planning Board shall be appointed by the Mayor of the Village and
approved by a majority vote of the Village’s Board of Trustees.
B. Alternate Member.
The Mayor also shall appoint, subject to approval by the Board of
Trustees, one (1) alternate member who shall be a Village resident
serving in a volunteer capacity. The chairperson of the Planning Board
may designate the alternative member to be an active member when a
regular member is unable to attend a Board meeting or is unable to
participate in a Board meeting because of a conflict of interest on an
application or matter before the Board. When so designated, the
alternate member shall possess all the powers and responsibilities of a
regular member of the Planning Board. Such designation shall be entered
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into the minutes of the Planning Board meeting at which the alternate
member is designated to act as a regular member.
C. Terms.
1. The terms of all Planning Board regular members and the chairperson
shall be five (5) years and staggered such that one (1) term shall expire
at the end of each Village official year.
2. The term of the Planning Board alternate member shall be one (1)
year and shall expire at the end of the Village official year.
D. Attendance.
All Planning Board regular members and the chairperson shall be required
to attend a minimum of sixty-five percent (65%) of all regularly
scheduled meetings within any consecutive twelve (12) month period. Any
regular member and/or the chairperson may be removed by the Mayor of the
Village, after a public hearing, for non-compliance with this attendance
requirement.
E. Powers.
The Planning Board is hereby vested with the powers and duties and is
subject to the limitations as set forth in §§ 7-720 through 7-732 of the
Village Law of the State of New York, as the same may be amended,
modified or changed from time to time, and any sections subsequently
adopted pertaining to Planning Boards. Such powers shall include but not
be limited to:
1. The approval, disapproval, or approval with conditions of all site
plans as provided for in Article 17, Site Plan Review;
2. The approval, disapproval, or approval with conditions of all
subdivision plans as provided for in Article 18, Subdivisions;
3. The approval, disapproval, or approval with conditions of all
special use permits as provided for in Article 19, Special Use Permits.
§ 16.3. Enforcement.
A. General Enforcement Provisions.
In the event that any building or structure is erected, constructed,
reconstructed, altered, repaired, converted, or maintained; or any
building, structure or land is used; or any land is divided into lots,
blocks or sites, in violation of this Local Law, the Zoning Officer or
the Board of Trustees of the Village, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance, use or division of land, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure or land
or to prevent any illegal act, conduct, business or use in or about such
premises.
B. Zoning Officer.
1. The Village’s Zoning Officer shall have the authority to administer
and enforce all provisions of this Local Law.
2. The Board of Trustees may from time to time enact amendments to
this Local Law, or additional Local Laws, that govern the Zoning
Officer’s actions.
3. The Zoning Officer shall obtain such basic training, in-service
training, advanced in-service training, and other training as the State
of New York shall require for code enforcement personnel.
4. In the event the Zoning Officer is unable to serve as such for any
reason, the Village’s Board of Trustees may appoint an individual to
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serve as Acting Zoning Officer. The Acting Zoning Officer shall, during
the term of his or her appointment, exercise all powers and fulfill all
duties conferred upon the Zoning Officer by this Local Law.
C. Entry and inspection.
The Zoning Officer shall have the authority to enter upon, examine and
inspect, or cause to be entered, examined and inspected, any building or
lot, for the purpose of carrying out the provisions of this Local Law
after reasonable written notice of intent to enter upon, examine or
inspect has been provided to the owner of the premises, and permission of
the owner has been granted. If such permission is denied, the Zoning
Officer shall notify the Board of Trustees and the Village’s attorney,
and the Board shall determine the appropriate action to be taken in
connection with gaining entry or access to the premises or lot. Pending
the granting of such entry or access, no further permits, certificates of
occupancy, or other approvals shall be granted by the Zoning Officer or
any other agent or board of the Village with respect to said premises or
lot or any improvements located thereon.
D. Complaints.
The Zoning Officer shall review and investigate complaints that allege or
assert the existence of conditions or activities that fail to comply with
this Local Law. The Zoning Officer shall respond to a complaint by
taking such of the following steps as the Zoning Officer may deem to be
appropriate:
1. Performing an inspection of the conditions and/or activities
alleged to be in violation, and documenting the results of such
inspection;
2. If a violation is found to exist, providing the owner of the
affected property and any other person who may be responsible for the
violation with notice of the violation and opportunity to remedy, abate,
correct, or cure the violation, or otherwise to achieve compliance with
the applicable provision of this Local Law;
3. If appropriate, issue a stop-work order;
4. If a violation that was found to exist is remedied, abated,
corrected or cured, performing an inspection to confirm that the
violation has been remedied, abated, corrected or cured, preparing a
final written report reflecting such remedy, abatement, correction or
cure, and filing such report with the complaint;
5. In consultation with the Village's attorney, pursue such legal
actions and proceedings as may be necessary to enforce this Local Law.
E. Recordkeeping.
1. The Zoning Officer shall keep permanent records of all transactions
and activities including records of:
a. All applications received, reviewed, and approved or denied;
b. All plans, specifications, and construction documents approved;
c. All building permits, certificates of occupancy or certificates of
compliance, temporary certificates, stop-work orders, and operating
permits issued;
d. All inspections and tests performed;
e. All statements and reports issued;
f. All complaints received;
g. All investigations conducted;
h. All other activities specified in or contemplated by this Article;
and
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i. All fees charged and collected.
2. All such records shall be public records open for public inspection
during normal business hours and subject to the terms of the New York
State Freedom of Information Law, including the exemptions provided
therein.
§ 16.4. Penalties.
A. Any person or legal entity that is the owner of premises on which
exists or occurs a violation of any of the provisions of this Local Law,
or who fails to comply with any of the provisions of this Local Law or
any permit, approval, order or notice issued hereunder, or who erects,
constructs, reconstructs, alters, repairs, converts, maintains or uses
any building, structure or land, or who divides into lots, blocks or
sites any land, in violation of any provision of this Local Law or in
violation of any permit, approval, order or notice issued under this
Local Law, shall be guilty of a violation as the same is defined in the
New York State Penal Law and shall be fined not more than one hundred
dollars ($100.00) for each violation.
B. Each calendar day that such violation continues to exist shall
constitute a separate violation.
C. If any violation of the provisions of this Local Law occurs, the
Village may, in addition to other remedies, institute an appropriate
action, including application for an injunction, to remedy such
violation.
D. All costs and expenses incurred by the Village of Cayuga Heights in
enforcing the provisions of this Local Law or in effecting compliance
under this Local Law shall be an obligation of the owner of the premises
on which such violation has occurred. The owner shall deliver payment of
such costs to the Village not more than five (5) business days after the
receipt of a notice of such costs and expenses. Upon the owner’s failure
to deliver such payment, such costs and expenses shall be assessed
against said property and shall be paid and collected as part of the
Village’s tax next due and payable. In addition, the Village may
commence any other action or proceeding available to collect such costs
and expenses.
E. Whenever any action is brought to enforce the provisions of this
Local Law, the defendant shall pay the Village’s reasonable attorney’s
fees and disbursements.
§ 16.5. Review and reporting.
The Zoning Officer shall periodically submit to the Village’s Board of
Trustees a written report and summary of all business conducted by the
Zoning Officer or any other code enforcement personnel. Article 17. Site Plan Review
§ 17.1. Purpose.
The purpose of this Article is to provide for the review of site plans
for certain land uses in the Village of Cayuga Heights for the purpose of
preserving and enhancing neighborhood character, achieving compatibility
with adjacent development and uses, mitigating potentially negative
impacts on traffic, parking, and stormwater management, improving the
design, function, aesthetics, and safety of development projects, and
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promoting environmental sustainability in new development, redevelopment,
and long term planning.
§ 17.2. Applicability.
A. Site plan review is required for the following:
1. In the Multiple Housing Zone or the Commercial Zone, the proposed
use and development of any undeveloped land for any purpose, or any use
increasing the intensity of use and/or requiring exterior site
construction on the premises;
2. In the Residence Zone, a proposed change in an existing permitted
use increasing the intensity of use and/or requiring exterior site
construction on the premises;
3. In any zoning district, a subdivision of land in accordance with
Article 18, Subdivisions;
4. Any use in a Planned Development Zone.
B. Site plan review is not required for the following:
1. Existing uses and developments which in their present configuration
and use are legally permitted as of the date of adoption of this Article;
2. Exterior modifications to existing one-family and two-family
dwellings, including additions, porches, facade changes, landscaping, and
site improvements.
§ 17.3. Planning Board Authorization to Review Site Plans.
A. The Planning Board of the Village of Cayuga Heights is authorized
to review site plans according to the procedures described in § 17.4
below and to approve, approve with conditions, or disapprove site plans.
B. Factors to be considered by the Planning Board in site plan review
shall include but shall not be limited to the following:
1. Location and site of the use;
2. Nature and intensity of the use;
3. Size and topography of the site;
4. Location of the site in respect to road access;
5. Provisions for parking;
6. Relationship of improvements and lot size to the parking area;
7. Traffic and noise generated by the proposed use;
8. Landscaping;
9. Architectural features;
10. Location and dimension of the improvements;
11. Impact of the proposed use on adjacent land uses;
12. Impact of the proposed use on the environment;
13. Impact of the proposed use on infrastructure and existing Village
services, including sewer, water, stormwater management, solid waste
disposal, fire protection, police protection, and road maintenance;
14. Provisions made for reducing energy use or incorporating renewable
energy systems into project design;
15. Effect on population density, if any;
16. Any other factors reasonably related to the health, safety, and
general welfare of Village residents and consistent with the Village’s
current Comprehensive Plan.
§ 17.4. Site Plan Review Procedures.
A. The applicant for a proposed project requiring site plan review
shall schedule a pre-application discussion with the Zoning Officer at
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which time the applicant should present, in sketch form, the proposed
project and other features and information necessary to explain and/or
supplement the sketch layout.
B. Filing. Subsequent to the pre-application discussion, an applicant
for site plan review shall file with the Zoning Officer a site plan
conforming to the requirements of § 17.5, together with an application
fee as determined by the current fee schedule approved by the Village's
Board of Trustees.
C. Within a reasonable time of receipt of an application for site plan
review, the Planning Board shall schedule consideration of the
application at its earliest subsequent regularly scheduled meeting.
D. At the meeting referenced in § 17.4.C, the Planning Board shall
conduct a preliminary review of the application and, if the application
is deemed complete and accepted by the Planning Board for further review,
schedule a public hearing on the application within sixty-two (62)
calendar days.
E. Public Hearing. Pursuant to § 17.4.D, and prior to rendering any
decision on a site plan application, the Planning Board shall conduct a
public hearing.
1. Notice of the public hearing shall be published in a newspaper of
general circulation in the Village of Cayuga Heights at least ten (10)
calendar days before such hearing. The Zoning Officer shall also notify
by mail all owners of property contiguous with the property that is the
subject of the site plan and all owners of properties within two hundred
(200) feet of the property that is the subject of the site plan,
postmarked at least ten (10) calendar days before the date of the
hearing. Such notice shall briefly state essential facts about the
proposed site plan and inform recipients of the date, time, and place of
the public hearing and the place where further information about the site
plan application and the review process may be obtained. The Zoning
Officer shall use for the mailing address for notices to property owners
the address listed for the owner in the records of the Tompkins County
Department of Assessment. Notices shall be mailed certified mail, return
receipt requested, and all return receipts shall be provided to the
Planning Board prior to the public hearing.
2. The public hearing for site plan review may begin concurrently with
any required public hearing for the purpose of environmental review of
the same project in accordance with the State Environmental Quality
Review Act (SEQRA) and may continue after any such environmental review
public hearing is closed.
E. Coordination and consultation. Projects requiring site plan review
by the Planning Board may also be reviewed by the Village’s Chief of
Police and Fire Chief, and any other Village officials or consultants
deemed appropriate by the Planning Board. Any comments from these
persons shall be delivered in writing to the Planning Board to aid its
decision on the application.
F. Planning Board Action.
1. Within sixty-two (62) calendar days of the closing of the public
hearing, the Planning Board shall approve, approve with conditions, or
disapprove the site plan submitted for review.
2. If the Planning Board has approved the site plan with conditions,
such conditions must be satisfied prior to issuance of a building permit
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or a certificate of occupancy, as the case may be, as stated in such
conditions.
3. If the Planning Board has determined that any requirement of this
Article 17 is not required to be satisfied in the interest of the public
health, safety or general welfare or is inappropriate to a particular
Site Plan, the Planning Board has authority to waive such requirement,
and such waiver shall be subject to such conditions as the Planning Board
determines to impose.
4. An approved site plan will be signed by the Planning Board
Chairperson or, in the Chairperson’s absence, such other person who has
been authorized by the Planning Board to sign the plan. After the
Planning Board has approved the site plan and it has been signed by the
Chairperson (or such other authorized person), one (1) copy of the plan
must be filed by the applicant with the Village Clerk and, if required by
applicable statute, with the Tompkins County Clerk.
G. Building Permit. Approval of the site plan by the Planning Board
shall be a prerequisite for issuance by the Village’s Code Enforcement
Officer of a building permit for construction of any improvements
described on the site plan.
H. Changes to Approved Site Plan. Proposed changes to an approved
site plan must be submitted to the Zoning Officer for review to determine
whether the effect of the proposed changes warrants reconsideration by
the Planning Board of the site plan. The Zoning Officer shall make one
of the following determinations:
1. That the changes are not significant and do not affect the
approval of the site plan;
2. That the changes are significant and require the Planning Board to
reconsider its site plan approval; or
3. That the changes are significant and require the applicant to
submit a new site plan application for the Planning Board to undertake a
new site plan review.
I. Variances. Any required variance must be obtained from the
Village’s Zoning Board of Appeals before the Planning Board grants site
plan approval. For projects that require both a variance and site plan
approval, the Planning Board will act as lead agency in the environmental
review for both actions. The Zoning Board of Appeals cannot grant a
variance until the Planning Board has completed the environmental review.
J. Stormwater Pollution Prevention Plans (SWPPP). All Stormwater
Pollution Prevention Plans must be approved by the Village’s Stormwater
Management Officer in accordance with the Village’s Stormwater Local Law
before the Planning Board will grant site plan approval.
K. Extension of Deadlines. All deadlines for decisions on a site plan
review may be extended upon mutual agreement between the Planning Board
and the applicant.
§ 17.5. Site Plan Requirements.
A. Except for subdivisions, the site plan requirements for which are
addressed in § 18.6, the Zoning Officer may require the applicant to
submit a site plan containing the following information:
1. A field survey of the boundary lines of the property, made and
certified to by a licensed land surveyor, showing date, north point, map
scale, the names of all adjacent streets and the name and address of the
record owner;
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2. The location of any and all buildings, streets, walkways,
driveways, parking areas, trees in excess of four (4) inches trunk
diameter at breast height (DBH), and landscaping;
3. A general indication of existing natural features including
topography, streams, water bodies, ditches, trees and tree masses, and
other significant aspects of the environment;
4. Architectural drawings, including exterior elevations and interior
dimensions, of all existing and all proposed improvements on the site;
5. A written statement containing the following information:
a. The nature of and reason for the proposed use;
b. A description of how the proposed development addresses the factors
set forth in § 17.3.B;
6. Such other information as reasonably required by the Zoning Officer
or the Planning Board.
B. Additional Materials. Depending upon the scope and complexity of
the proposed project, the Planning Board may require the applicant to
submit additional materials. The Planning Board may also require the
applicant to engage the services of licensed design professionals and
other experts such as architects, landscape architects, engineers,
ecologists, traffic consultants or surveyors, to provide analysis,
studies and reports on various aspects of the proposed project.
C. All materials provided by the applicant for site plan review must
be submitted to the Zoning Officer at least five (5) calendar days prior
to the Planning Board meeting.
Article 18. Subdivisions
§ 18.1. Purpose.
The purpose of this Article is to specify planning guidelines and
infrastructure design standards for subdivisions in the Village of Cayuga
Heights and to provide for review of subdivision applications for the
purpose of preserving and enhancing neighborhood character, achieving
compatibility with adjacent development and uses, mitigating potentially
negative impacts on traffic, parking, and stormwater management, and
promoting environmental sustainability in new development, redevelopment,
and long term planning. This Article is intended to assure that the
subdivision of land shall be planned and designed to include, but not be
limited to, the following objectives:
A. Conformity with the requirements of this Local Law for the zoning
district in which the land is located;
B. Avoidance of an undue burden on the Village’s infrastructure;
C. The installation of high-quality improvements and infrastructure in
compliance with standards and specifications established by the Village;
D. Provision of safe and convenient vehicular, bicycle and pedestrian
circulation;
E. Provision of space for recreation and other public use;
F. Protection of natural resources;
G. Recording of plats depicting the subdivision of lots and
improvements to be constructed;
H. Coordination with the requirements of County, State, and federal
statutes;
I. Consistency with the objectives of the Village’s Comprehensive
Plan.
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§ 18.2. Planning Board Authorization to Review Subdivisions.
A. The Planning Board of the Village of Cayuga Heights is authorized
to review subdivision proposals for land located in the Village in
accordance with the planning guidelines and infrastructure design
standards and the subdivision plat review procedures set forth in this
Article, and following such review, the Planning Board shall either
approve, approve with conditions, or disapprove proposed subdivision
plats.
B. If the Planning Board has determined that any requirement of this
Article 18 is not required to be satisfied in the interest of the public
health, safety or general welfare or is found to be inappropriate because
of inadequacy or lack of connecting facilities adjacent or in proximity
to the subdivision, the Planning Board has authority to waive such
requirement, and such waiver shall be subject to such conditions as the
Planning Board determines to impose.
§ 18.3. Major and Minor Subdivisions.
A. In any zoning district, a minor subdivision is one in which a
landowner intends to subdivide land such that as a result of the
subdivision the land is divided into not more than three (3) lots.
B. In any zoning district, a major subdivision is one in which a
landowner intends to subdivide land such that as a result of the
subdivision the land is divided into more than three (3) lots.
§ 18.4. Guidelines and Standards.
The Planning Board, in considering an application for the subdivision of
land, shall be guided by the following planning guidelines and
infrastructure design standards for both major and minor subdivisions,
except as noted otherwise.
A. Streets, for major subdivisions only.
1. Roadway networks shall balance efficiency and connectivity with
preserving neighborhood character.
2. Overall street length shall be minimized.
3. Sight distances shall be consistent with probable traffic speed,
terrain, alignments, and climatic extremes.
4. Street layouts shall be planned to avoid excessive runoff
concentration.
5. Street alignments shall relate to the natural contours of the site
so as to minimize grading.
6. Informational signs shall be unobtrusive and not compete with
traffic control signs for driver attention.
7. All buildings shall be made accessible by emergency and service
vehicles.
8. Vehicular, bicycle, and pedestrian traffic shall be separated to
the extent feasible by implementation of “complete streets” concepts.
9. Traffic calming measures shall be used where needed.
10. Construction shall be in accordance with Village specifications or
as approved by the Village Engineer.
B. Blocks, for major subdivisions only.
1. Area and shape. No specific rule concerning the area and shape of
blocks is made, but blocks shall fit readily into the overall subdivision
plan and their design shall consider the following:
a. Street and neighborhood connectivity;
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b. Provision of building sites suitable to the needs of the type of
use contemplated;
c. Zoning requirements for lot area, lot coverage, street frontage and
setback dimensions;
d. Safety of vehicular, bicycle, and pedestrian traffic;
e. Adequate provision of off-street parking;
f. Limitations of topography;
g. Allowance for natural features such as wetlands and watercourses.
2. Blocks framed by cul-de-sacs and loop streets are discouraged, but
may be acceptable when properly designed, including adequate off-street
parking, facilities for pedestrian access from streets to all lots, and
proper easements for utility lines, as determined by the Planning Board.
3. Blocks over eight hundred (800) feet in length may be required by
the Planning Board to have a crosswalk at their approximate centers to
facilitate pedestrian circulation to a school, park, recreation area,
shopping center, or other neighborhood destinations.
C. Lots, for major and minor subdivisions.
1. Size. All lots shall meet the lot area, lot coverage, street
frontage and setback requirements of the zoning district in which the lot
is located. In calculating minimum lot area and lot coverage, wetlands
that cover one-fourth (1/4) acre or more, waterbodies, FEMA designated
floodplains or areas subject to chronic flooding, slopes having a grade
of twenty-five percent (25%) or more that cover two thousand (2,000)
square feet or more of contiguous sloped area, and lands currently under
conservation easement shall be excluded from such calculations.
2. Shape. Lots shall be so far as possible regular and symmetrical.
Side lines of lots shall be substantially at right angles to straight
street lines and radial to curved street lines with radial corners on the
property line substantially concentric with street curb radius corners.
The following formulae may be used to determine that the irregular shape
of a proposed lot is not acceptable:
a. A lot will not be acceptable in shape when (16 x lot area)/(the
square of the lot perimeter) is greater than four-tenths (0.4); and
b. A lot will not be acceptable in shape when (the square of the lot
perimeter)/(lot area) is greater than twenty-two (22).
3. Access. All lots shall have adequate access to an existing public
street or to a subdivision street.
4. Flag lots, which are lots isolated from the street with either road
frontage less than seventy-five (75) contiguous feet or no road frontage
and access provided by easement, are discouraged except in cases where
the Planning Board determines that, because of environmental, design, or
other constraints, subdivision otherwise would not be feasible.
5. Clustered development for major subdivisions is permitted if the
arrangement of lots results in a greater area of open space than would
result from traditional subdivision of the land, said open space to be
contained in a separate open space lot protected from development by a
conservation easement or deed restriction.
D. Driveways, for major and minor subdivisions.
1. The maximum grade for any new driveway shall be ten percent (10%),
except in cases that the Planning Board determines that, because of
physical constraints affecting a particular lot, an increase in driveway
grade should be permitted, provided the increase is the minimum increase
required and the driveway grade does not exceed fifteen percent (15%).
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2. Clear visibility shall be provided in all directions at all exit
points so that the driver of an automobile stopped at the exit point of
any driveway will have an unobstructed view of the street for a distance
commensurate with the speed and volume of traffic on such street and so
that there is a similar view from the street of the automobile in the
driveway.
3. Shared driveways and shared curb cuts by two (2) adjacent lots may
be permitted where appropriate to minimize impervious surface and
maximize green space.
E. Sidewalks, for major subdivisions only.
1. Safe and convenient pedestrian circulation within the subdivision
and between the subdivision and surrounding areas shall be provided.
2. Sidewalks shall be installed on at least one (1) side of all
existing streets bounding the subdivision property and all proposed
streets within the subdivision unless waived by the Planning Board.
3. Sidewalks shall be of a width as required to meet Village standards
and specifications or as approved by the Planning Board.
4. Sidewalk routes shall have minimum change in elevation throughout
their lengths.
5. All required ramps and curb cuts shall be compliant with the
Americans with Disabilities Act (ADA).
6. Potential pedestrian, bicycle, and vehicular conflicts shall be
minimized.
F. Utilities, for major and minor subdivisions.
1. For major subdivisions only, all utilities, including electrical,
cable TV, fiber optic and telephone lines, shall be placed underground
where practicable throughout the subdivision.
2. Suitable easements shall be provided to the Village for any utility
service, including water, sewer and storm water drainage, as determined
by the Village Engineer. Easements for water and sewer lines shall be
established so as to provide continuity of alignment from existing lines
into the subdivision.
3. Stormwater. All street side stormwater ditching and piping shall
be in accordance with Village specifications or as approved by the
Village Engineer.
4. Sewers. Any building that has sanitary facilities, or includes a
dwelling unit, must be connected to the Village’s sanitary sewer system.
All sanitary sewers and laterals must be installed before a street is
improved and construction shall be in accordance with Village
specifications or as approved by the Village Engineer.
5. Water Distribution. Waterline types and installation shall be in
accordance with Village specifications or as approved by the Village
Engineer. Waterline size shall be a minimum of eight (8) inches and on a
grid system or interconnected wherever possible, based on generally
accepted engineering practices for required fire flow.
6. Fire Hydrants. Hydrants shall be located a maximum of five hundred
(500) feet apart. Hydrant type and installation shall be in accordance
with Village specifications and approved by the Village Engineer and the
Village’s Fire Chief.
7. Street Lighting. Lighting shall be provided along streets and
walkways adequate for community safety needs and shall comply with “dark
sky” criteria. Location of street lighting shall be approved by the
Village Engineer and the Village’s Chief of Police.
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G. Landscaping, for major subdivisions only.
1. Public streets. A detailed planting and landscaping plan shall be
submitted for all areas within the public right-of-way and approved by
the Planning Board as a part of the preliminary subdivision approval
process.
2. Private streets. A landscape plan shall be submitted for the area
within ten (10) feet from the edge of pavement along private streets and
approved by the Planning Board as a part of the preliminary subdivision
approval process. The owner of such area shall be responsible for all
planting, maintenance, and necessary replacement.
H. Street Trees, for major subdivisions only.
1. No living trees with a trunk diameter at breast height (DBH) of six
(6) inches or greater shall be removed from an area in anticipation of
development unless approved by the Village Forester.
2. The issuance of each building permit for buildings improvements on
lots adjacent to a public street shall be subject to planting one (1)
tree per forty (40) feet of street frontage.
3. Tree and planting specifications shall comply with standards set by
the Village’s Street Tree Advisory Committee.
4. All trees will be subject to inspection by the Village Forester at
the time of planting.
§ 18.5. Subdivision Review Procedures.
The following procedures apply to both major and minor subdivisions
except as noted otherwise.
A. The applicant for a proposed subdivision of land shall schedule a
pre-application discussion with the Zoning Officer at which time the
applicant should present, in sketch form, the proposed layout of streets,
lots, and other features and information necessary to explain and/or
supplement the sketch layout.
B. Filing. Subsequent to the pre-application discussion, an applicant
for a proposed subdivision shall file with the Zoning Officer a
subdivision plat conforming to the requirements of § 18.6, together with
an application fee as determined by the current fee schedule approved by
the Village's Board of Trustees.
C. Within a reasonable time of receipt of an application for
subdivision review, the Planning Board shall schedule consideration of
the application at its next subsequent regularly scheduled meeting.
D. At the meeting referenced in § 18.5.C, the Planning Board shall
conduct a preliminary review of the application and, if the application
is deemed complete and accepted by the Planning Board for further review,
schedule a public hearing on the application within sixty-two (62)
calendar days.
E. Public Hearing. Prior to rendering any decision on any subdivision
application, the Planning Board shall conduct a public hearing in
accordance with the provisions of Section 17.4.E.
F. Coordination and consultation. Proposed subdivisions may also be
reviewed by the Village’s Chief of Police and Fire Chief, and any other
Village officials or consultants deemed appropriate by the Planning
Board. Any comments from these persons shall be delivered in writing to
the Planning Board to aid its decision on the application.
G. Planning Board Action.
1. Minor Subdivisions.
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a. Within sixty-two (62) calendar days of the closing of the public
hearing, the Planning Board shall approve, approve with conditions, or
disapprove the subdivision plat submitted for review. If the Planning
Board has approved the subdivision plat with conditions, such conditions
must be satisfied prior to issuance of a building permit or a certificate
of occupancy, as the case may be, as stated in such conditions. An
approved subdivision plat will be signed by the Planning Board
Chairperson or, in the Chairperson’s absence, such other person who has
been authorized by the Planning Board to sign the plat. After the
Planning Board has approved the subdivision plat, and it has been signed
by the Chairperson (or such other authorized person), the applicant shall
obtain the approval and signature of the Tompkins County Assessment
Department, and the applicant shall file one (1) copy of the fully-signed
plat with the Village Clerk and one (1) copy with the Tompkins County
Clerk. The applicant shall file the approved plat with the County Clerk
within one-hundred eighty (180) calendar days of the signing of the plat
on behalf of the Planning Board, and the applicant shall deliver a copy
of the County Clerk’s filing receipt to the Village upon such filing.
b. The conditions for any conditional plat approval shall be stated on
the final plat that is signed on behalf of the Planning Board.
2. Major Subdivisions.
a. Within sixty-two (62) calendar days of the closing of the public
hearing, the Planning Board shall approve, approve with conditions, or
disapprove the preliminary subdivision plat submitted for review.
b. Within six (6) months of the approval of the preliminary plat, the
applicant shall submit to the Planning Board for review the final plat
incorporating any modifications required by the Planning Board at the
preliminary plat stage. If the applicant fails to submit a final plat to
the Planning Board in this time period, approval of the preliminary plat
may be revoked by the Planning Board.
c. Upon submission to the Zoning Officer by the applicant of a
complete final plat, the Planning Board shall have sixty-two (62)
calendar days to approve, approve with conditions, or disapprove the
final plat submitted for review.
d. Notwithstanding the foregoing terms of subsection 18.5.G.2.c, if
significant changes have been made between the preliminary and final
plats or the final plat is not in substantial agreement with the approved
preliminary plat, the Planning Board shall conduct a new public hearing
and make a new determination of significance under SEQRA, in which event
the Planning Board shall have sixty-two (62) calendar days from the close
of the public hearing to approve, approve with conditions, or disapprove
the final plat submitted for review.
e. If the Planning Board has approved the final subdivision plat with
conditions, such conditions must be satisfied prior to issuance of a
building permit or a certificate of occupancy, as the case may be, as
stated in such conditions. An approved subdivision plat will be signed
by the Planning Board Chairperson or, in the Chairperson’s absence, such
other person who has been authorized by the Planning Board to sign the
plat. After the Planning Board has approved the subdivision plat, and it
has been signed by the Chairperson (or such other authorized person), the
applicant shall obtain the approval and signature of the Tompkins County
Assessment Department, and the applicant shall file one (1) copy of the
fully-signed plat with the Village Clerk and one (1) copy with the
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Tompkins County Clerk. The applicant shall file the approved plat with
the County Clerk within sixty-two (62) calendar days of the signing of
the plat on behalf of the Planning Board, and the applicant shall deliver
a copy of the County Clerk’s filing receipt to the Village upon such
filing.
f. The conditions for any conditional plat approval shall be stated on
the final plat that is signed on behalf of the Planning Board.
H. Changes to Approved Subdivision Plat.
Proposed changes to an approved subdivision plat must be submitted to the
Zoning Officer for review to determine whether the effect of the proposed
changes warrants reconsideration by the Planning Board of the subdivision
plat. The Zoning Officer shall make one of the following determinations:
1. That the changes are not significant and do not affect the
approval of the subdivision plat;
2. That the changes are significant and require the Planning Board to
reconsider its subdivision approval; or
3. That the changes are significant and require the applicant to
submit a new subdivision application for the Planning Board to undertake
a new subdivision review.
J. Variances. For subdivisions that require both a variance and
subdivision approval, the Planning Board will act as lead agency for both
actions in any environmental review required in accordance with the State
Environmental Quality Review Act (SEQRA). The Zoning Board of Appeals
cannot grant a variance until the Planning Board has completed the
environmental review.
K. Stormwater Pollution Prevention Plans (SWPPP). All Stormwater
Pollution Prevention Plans must be approved by the Village’s Stormwater
Management Officer in accordance with the Village’s Stormwater Local Law
before the Planning Board will grant subdivision approval.
L. Extension of Deadlines. All deadlines for decisions on a
subdivision application may be extended upon mutual agreement between the
Planning Board and the applicant after determining that the plat remains
in compliance with all regulations of this Article and with any
conditions stipulated by the Planning Board.
§ 18.6. Subdivision Plat Requirements.
A. For both minor and major subdivisions, the applicant shall submit
to the Zoning Officer a subdivision plat containing the following
information:
1. A subdivision plat prepared and certified by a licensed engineer or
land surveyor drawn to scale and showing the following:
a. The boundary lines of the property, date, north point, map scale,
the names of all adjacent streets, and the name and address of record
owner;
b. The proposed boundary lines, width, depth, and area of each
proposed lot;
c. The location of existing or proposed buildings, streets, sidewalks,
walkways, driveways, parking areas, easements, trees in excess of four
(4) inches trunk diameter at breast height (DBH), landscaping, exterior
lighting, and signs;
d. Existing natural features including topography, streams, water
bodies, wetlands, ditches, tree masses, and other significant aspects of
the environment;
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2. A written statement containing the following information:
a. The nature of and reason for the proposed subdivision;
b. A description outlining how the proposed subdivision satisfies the
guidelines set forth in § 18.1;
3. Such other information as reasonably required by the Zoning
Officer.
B. For major subdivisions, the applicant also shall submit to the
Zoning Officer the following documents and information:
1. A vicinity map showing the general location of the subdivision;
2. CAD based drawings showing the following:
a. The location of existing and proposed utilities, site improvements,
and structures on site and within fifty (50) feet of properties adjoining
the site including water, sanitary sewer with laterals and connection
points, lighting, and any existing and/or proposed easements;
b. Setbacks for front, side, and rear yards;
c. The location of parking spaces and areas including designated
handicapped spaces with computations indicating how the number of spaces
provided was determined and meets zoning requirements;
d. A grading and drainage plan showing the limits of clearing and
grading, existing and proposed two (2) foot contours extending fifty (50)
feet into properties adjoining the site, the existing storm sewer system,
any proposed storm sewer improvements and drainage facilities showing
inverts, laterals, connection points, the length, type, and slope of
pipe, the gross area to be covered with impermeable surfaces, and the
percentage of all area to be covered with impermeable surfaces;
e. A landscaping plan including the location, type, and number of
proposed plants;
f. A lighting and photometric plan showing the location of existing
and/or proposed exterior lighting with cut sheets for lighting fixtures;
3. Architectural drawings showing:
a. Exterior elevations and interior dimensions; and
b. Improvements to be provided in the subdivision, such as benches,
bus stops and signage, as needed depending upon the project;
4. CAD based drawings shall be legibly drawn and plotted at a scale of
not more than one hundred (100) feet to the inch, submitted on uniform
size sheets not larger than thirty-six by forty-eight (36 x 48) inches,
and shall indicate the following: the proposed subdivision name or
identifying title; the words “Village of Cayuga Heights, Tompkins County,
New York;” the name and address and seal of the licensed engineer or land
surveyor responsible for the plat; and the date, approximate true North
point, and graphic scale.
Article 19. Special Use Permits
§ 19.1. Purpose.
The purpose of this Article is to set forth procedures and conditions
that apply to certain permitted principal or accessory uses which,
because of size, intensity, or other factors, require special
consideration to assure that such uses will not adversely affect
neighboring properties or the general welfare of the Village.
§ 19.2. Applicability.
A special use permit is required where specified by this Local Law and in
cases that the requirement for such permit is not prohibited by New York
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State statute. In addition to meeting the requirements of the Planning
Board’s special use permit approval under this Article, each such special
use permit use or building or other structure permitted hereunder shall
conform to and comply with all other applicable regulations of this Local
Law, except as specifically provided otherwise as a condition to the
special use permit pursuant to § 19.4.G.
§ 19.3. Planning Board Authorization to Issue Special Use Permits.
A. The Planning Board of the Village of Cayuga Heights is authorized
to review applications for special use permits for land located in any
zoning district in the Village in accordance with the review procedures
set forth in this Article, and following such review, the Planning Board
shall either approve, approve with conditions, or disapprove proposed
special use permits.
B. If the Planning Board has determined that any requirement of this
Article 19 is not required to be satisfied in the interest of the public
health, safety or general welfare or is found to be inappropriate to a
particular special use permit, the Planning Board has authority to waive
such requirement, and such waiver shall be subject to such conditions as
the Planning Board determines to impose.
C. Factors to be considered by the Planning Board in reviewing special
use permit applications shall include but shall not be limited to the
following:
1. Location and site of the use;
2. Nature and intensity of the use;
3. Location of the site in respect to road access;
4. Provisions for parking;
5. Traffic and noise generated by the proposed use;
6. Impact of the proposed use on adjacent land uses;
7. Impact of the proposed use on the environment;
8. Impact of the proposed use on infrastructure and existing Village
services, including sewer, water, stormwater management, solid waste
disposal, fire protection, police protection, and road maintenance;
9. Any other factors reasonably related to the health, safety, and
general welfare of Village residents and consistent with the Village’s
current Comprehensive Plan.
§ 19.4. Special Use Permit Review Procedures.
A. The applicant for a special use permit shall schedule a pre-
application discussion with the Zoning Officer at which time the
applicant shall present, in sketch form, the proposed use, and other
features and information necessary to explain and/or supplement the
application.
B. Filing. Subsequent to the pre-application discussion, an applicant
shall file with the Zoning Officer a special use permit application and
materials conforming to the requirements of § 19.5, together with an
application fee as determined by the current fee schedule approved by the
Village's Board of Trustees.
C. Within a reasonable time of receipt of an application for a special
use permit, the Planning Board shall schedule consideration of the
application at its earliest subsequent regularly scheduled meeting.
D. At the meeting referenced in § 19.4.C, the Planning Board shall
conduct a preliminary review of the application and, if the application
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is deemed complete and accepted by the Planning Board for further review,
schedule a public hearing on the application within sixty-two (62)
calendar days.
E. Public Hearing. Pursuant to § 19.4.D, and prior to rendering any
decision on a special use permit application, the Planning Board shall
conduct a public hearing.
1. Notice of the public hearing shall be published in a newspaper of
general circulation in the Village of Cayuga Heights at least ten (10)
calendar days before such hearing. The Zoning Officer shall also notify
by mail all owners of property contiguous with the property that is the
subject of the special use permit and all owners of properties within two
hundred (200) feet of the property that is the subject of the special use
permit, postmarked at least ten (10) calendar days before the date of the
hearing. Such notice shall briefly state essential facts about the
proposed special use permit and inform recipients of the date, time, and
place of the public hearing and the place where further information about
the special use permit application and the review process may be
obtained. The Zoning Officer shall use for the mailing address for
notices to property owners the address listed for the owner in the
records of the Tompkins County Department of Assessment. Notices shall
be mailed certified mail, return receipt requested, and all return
receipts shall be provided to the Planning Board prior to the public
hearing.
2. The public hearing for the special use permit may begin
concurrently with any required public hearing for the purpose of
environmental review of the same project in accordance with the State
Environmental Quality Review Act (SEQRA) and may continue after any such
environmental review public hearing is closed.
3. The public hearing may be combined with any other public hearing
relating to the same proposal (e.g., site plan approval and special use
permit public hearings may be combined).
F. Coordination and consultation. Projects requiring special use
permit review by the Planning Board may also be reviewed by the Village’s
Chief of Police and Fire Chief, and any other Village officials or
consultants deemed appropriate by the Planning Board. Any comments from
these persons shall be delivered in writing to the Planning Board to aid
its decision on the application.
G. Planning Board Action. Within sixty-two (62) calendar days of the
closing of the public hearing, the Planning Board shall approve, approve
with conditions, or disapprove the special use permit application
submitted for review. The Planning Board may impose such conditions on
the approval of any special use permit application as in its opinion are
necessary and reasonable. If the Planning Board has approved the special
use permit with conditions, such conditions must be satisfied prior to
issuance of a certificate of occupancy. An approved special use permit
will be signed by the Planning Board Chairperson or, in the Chairperson’s
absence, such other person who has been authorized by the Planning Board
to sign the permit. After the Planning Board has approved the special
use permit and it has been signed by the Chairperson (or such other
authorized person), one (1) copy of the permit shall be filed, within
five (5) business days of the date of the decision, with the Village
Clerk, and a copy of the filed decision shall be mailed to the applicant.
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H. Variances. Any required variance must be obtained from the
Village’s Zoning Board of Appeals before the Planning Board grants
special use permit approval. For projects that require both a variance
and special use permit, the Planning Board will act as lead agency in the
environmental review for both actions. The Zoning Board of Appeals
cannot grant a variance until the Planning Board has completed the
environmental review.
I. Stormwater Pollution Prevention Plans (SWPPP). Any Stormwater
Pollution Prevention Plan associated with a special use permit must be
approved by the Village’s Stormwater Management Officer in accordance
with the Village’s Stormwater Local Law before the Planning Board will
grant special use permit approval.
J. Extension of Deadlines. All deadlines for decisions on a special
use permit may be extended upon mutual agreement between the Planning
Board and the applicant.
§ 19.5. Special Use Permit Requirements.
A. The Zoning Officer may require the applicant to submit a site plan
containing the following information:
1. A field survey of the boundary lines of the property, made and
certified to by a licensed land surveyor, showing the date, north point,
map scale, the names of all adjacent streets and the name and address of
the record owner;
2. The location of any and all buildings, streets, walkways,
driveways, parking areas, trees in excess of four (4) inches trunk
diameter at breast height (DBH), and landscaping;
3. A general indication of existing natural features including
topography, streams, water bodies, ditches, trees and tree masses, and
other significant aspects of the environment;
4. Architectural drawings, including exterior elevations and interior
dimensions, of all existing and all proposed improvements on the site;
5. A written statement containing the following information:
a. The nature of and reason for the proposed use;
b. A description of how the proposed use addresses the factors set
forth in § 19.3.C above;
6. Such other information as reasonably required by the Zoning Officer
or the Planning Board.
B. Additional Materials. Depending upon the scope and complexity of
the proposed use, the Planning Board may require the applicant to submit
additional materials. The Planning Board may also require the applicant
to engage the services of licensed design professionals and other experts
such as architects, landscape architects, engineers, ecologists, traffic
consultants or surveyors, including to provide analysis, studies and
reports on various aspects of the proposed use.
C. All materials provided by the applicant pursuant to the special use
permit must be submitted to the Zoning Officer at least five (5) business
days prior to the Planning Board meeting. Article 20. Zoning Board of Appeals.
§ 20.1. Purpose.
The purpose of this Article is to provide for relief from the
requirements of this Local Law to allow, in accordance with the terms and
conditions of this Article, for the use of land in a manner which is not
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allowed by the dimensional or physical requirements of the applicable zoning
regulations, and for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulations, and for the
reversal, affirmation or modification, in whole or in part, of an order,
requirement, decision, interpretation or determination made by the Village’s
Zoning Officer.
§ 20.2. Zoning Board of Appeals.
The Village’s Zoning Board of Appeals (ZBA) is an appellate body whose
jurisdiction shall be limited to hearing and deciding appeals from and
reviewing any order, requirement, decision, interpretation, or
determination made by the Village’s Zoning Officer.
A. Regular Members. The Zoning Board of Appeals shall consist of four
(4) regular members and one (1) chairperson, all of whom shall be Village
residents serving in a volunteer capacity. Each regular member and the
chairperson of the Board shall be appointed by the Mayor of the Village
and approved by a majority vote of the Village’s Board of Trustees.
B. Alternate Member. The Mayor also shall appoint, subject to
approval by the Board of Trustees, one (1) alternate member who shall be
a Village resident serving in a volunteer capacity. The chairperson of
the Zoning Board of Appeals may designate the alternative member to be an
active member when a regular member is unable to attend a Board meeting
or is unable to participate in a Board meeting because of a conflict of
interest on an application or matter before the Board. When so
designated, the alternate member shall possess all the powers and
responsibilities of a regular member of the Board. Such designation
shall be entered into the minutes of the Board meeting at which the
alternate member is designated to act as a regular member.
C. Terms.
1. The terms of all Zoning Board of Appeals regular members and the
chairperson shall be five (5) years and staggered such that one (1) term
shall expire at the end of each Village official year.
2. The term of the Zoning Board of Appeals alternate member shall be
one (1) year and shall expire at the end of the Village official year.
D. Attendance. All Zoning Board of Appeals regular members and the
chairperson shall be required to attend a minimum of sixty-five percent
(65%) of all regularly scheduled meetings within any consecutive twelve
(12) month period. Any regular member and/or the chairperson may be
removed by the Mayor of the Village, after a public hearing, for non-
compliance with this attendance requirement.
E. Powers. The Zoning Board of Appeals is hereby vested with the
powers and duties and is subject to the limitations as set forth in by §
7-712 of the Village Law of the State of New York, including Sections 7-
712(a)-(c), as the same may be amended, modified or changed from time to
time, and any sections subsequently adopted pertaining to Zoning Boards
of Appeals.
1. Use Variances.
a. The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Village’s Zoning Officer, to
grant use variances authorizing a use of land which otherwise would not
be allowed or would be prohibited by this Local Law.
b. No such use variance shall be granted by the Zoning Board of
Appeals without a showing by the applicant that applicable zoning
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79
regulations and restrictions have caused unnecessary hardship. In order
to prove such unnecessary hardship, the applicant shall demonstrate to
the Board that:
i. For each and every permitted use under the zoning regulations for
the particular district where the property is located, the applicant
cannot realize a reasonable return from the property in question,
provided that lack of return is substantial as demonstrated by competent
financial evidence, as determined in the sole discretion of the Zoning
Board of Appeals; and
ii. The alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district or
neighborhood; and
iii. The requested use variance, if granted, will not alter the
essential character of the neighborhood; and
iv. The alleged hardship has not been self-created.
c. The Zoning Board of Appeals, in granting a use variance, shall
grant the minimum variance that it shall deem necessary and adequate to
address the unnecessary hardship proven by the applicant and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
2. Area Variances.
a. The Zoning Board of Appeals shall have the power, upon an appeal
from a decision or determination of the Village’s Zoning Officer, to
grant area variances from area or dimensional requirements of this Local
Law.
b. In making its determination, the Zoning Board of Appeals shall take
into consideration the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and
welfare of the neighborhood or community by the grant of such variance.
In making such determination, the Board shall also consider whether:
i. An undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the
granting of the area variance;
ii. The benefit sought by the applicant can be achieved by some method,
feasible for the applicant to pursue, other than an area variance;
iii. The requested area variance is substantial;
iv. The proposed variance will have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district; and
v. The alleged difficulty was self-created, which consideration shall
be relevant to the decision of the Board but shall not necessarily
preclude the granting of the area variance.
c. The Zoning Board of Appeals, in the granting of area variances,
shall grant the minimum variance it shall deem necessary and adequate and
at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
3. Imposition of conditions. The Zoning Board of Appeals shall, in
the granting of use variances and area variances, have the authority to
impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed use of land. Such conditions
shall be consistent with the spirit and intent of this Local Law and
shall be imposed for the purpose of minimizing any adverse impact such
variance may have on the neighborhood or community.
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80
§ 20.3. Variance Review Procedures.
A. The applicant for a variance shall file with the Zoning Officer a
variance application, together with an application fee as determined by
the current fee schedule approved by the Village's Board of Trustees.
B. Within a reasonable time of receipt of an application for a
variance, the Zoning Board of Appeals shall schedule consideration of the
variance at its earliest subsequent regularly scheduled meeting.
C. Public Hearing. Pursuant to § 20.4.B, and prior to rendering any
decision on the variance application, the Zoning Board of Appeals shall
conduct a public hearing.
1. Notice of the public hearing shall be published in a newspaper of
general circulation in the Village of Cayuga Heights at least ten (10)
calendar days before such hearing. The Zoning Officer shall also notify
by mail all owners of property contiguous with the property that is the
subject of the variance and all owners of properties within two hundred
(200) feet of the property that is the subject of the variance,
postmarked at least ten (10) calendar days before the date of the
hearing. Such notice shall briefly state essential facts about the
variance and inform recipients of the date, time, and place of the public
hearing and the place where further information about the variance
application and the review process may be obtained. The Zoning Officer
shall use for the mailing address for notices to property owners the
address listed for the owner in the records of the Tompkins County
Department of Assessment. Notices shall be mailed certified mail, return
receipt requested, and all return receipts shall be provided to the
Zoning Board of Appeals prior to the public hearing.
2. The public hearing for the variance may begin concurrently with any
required public hearing for the purpose of environmental review of the
same variance in accordance with the State Environmental Quality Review
Act (SEQRA) and may continue after any such environmental review public
hearing is closed. For projects that require both a variance and either
Site Plan Review or a Special Use Permit, the Planning Board shall act as
lead agency in the environmental review for both actions. In those
cases, the Zoning Board of Appeals cannot render its decision on a
variance until the Planning Board has completed the environmental review.
D. Coordination and consultation. The variance application may also
be reviewed by the Village’s Chief of Police and Fire Chief, and any
other Village officials or consultants deemed appropriate by the Zoning
Board of Appeals. Any comments from these persons shall be delivered in
writing to the Board to aid its decision on the application.
E. Board Action. Within sixty-two (62) calendar days of the closing
of the public hearing, the Zoning Board of Appeals shall approve, approve
with conditions, or disapprove the variance application submitted for
review. If the Board has approved the variance with conditions, such
conditions shall be satisfied prior to issuance of a certificate of
occupancy. The Board’s decision on a variance shall be signed by the
Board’s Chairperson or, in the Chairperson’s absence, such other person
who has been authorized by the Board to sign the permit. Within five (5)
business days after the Board has rendered its decision on the variance
and the decision has been signed by the Chairperson (or such other
authorized person), one (1) copy of the variance shall be filed by the
applicant with the Village Clerk and a copy thereof shall be mailed to
the applicant.
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81
F. Stormwater Pollution Prevention Plans (SWPPP). Any Stormwater
Pollution Prevention Plan associated with a variance shall be approved by
the Village’s Stormwater Management Officer in accordance with the
Village’s Stormwater Local Law before the Zoning Board of Appeals renders
its decision on a variance.
G. Extension of Deadlines. All deadlines for decisions on a variance
may be extended upon mutual agreement between the Zoning Board of Appeals
and the applicant.
Article 21. Severability
If any clause, sentence, paragraph, section or part of this Local Law
shall be adjudged by any court of competent jurisdiction to be invalid or
unenforceable, such judgment shall not affect, impair or invalidate the
remaining portions or text hereof, but shall be confined to the clause,
sentence, paragraph, section or part hereof expressly adjudged to be
invalid or unenforceable.