Zoning Law and Map of the Village of Cayuga, New York

Conservation:

The continuation of land in its natural state, or any use that will maintain the land in essentially its natural state.

Dwelling:

A room or rooms used exclusively as the living quarters for one family and including provisions for cooking and sleeping.

Dwelling, Two-Family:

Two dwellings designed for occupancy by two families living independently of each other.

Dwelling Multi-Family

Three or more dwellings designed for occupancy by three or more families living independently of each other; an apartment, town house or row house.

Family:

Any number of individuals related by blood, marriage, adoption or up to three individuals living together as a single housekeeping unit.

Farming:

The raising of crops or plants; the keeping of livestock for pets or for a non-profit incidential use.

Gasoline Station:

Any establishment providing fuel, services, supplies or accessories to motor vehicles of any type.

Home Occupation:

A secondary use located on a lot whose primary use is residential. In particular, a home occupation shall be limited to dressmaking, hairdressing, teaching, electrical and plumbing work and similar types of activity, and also professional offices. A home occupation shall employ no more than three people and shall have no outdoor storage of display inconsistent with the usual visual characteristics of a residential neighborhood.

Junk Yard:

A lot or building, or part thereof, used for the collecting, storage or sale of waste paper, rags, scrap metal, used appliances or similar discared material, or for the collecting, dismantling, storage or salvaging of machinery or 2 or more unregistered vehicles.

Motor Garage:

Any garage operated for gain and used for storage, rental, repair, greasing, washing, servicing, adjusting or painting or automobiles or other motor vehicles.

Parking Space:

The area required for parking one automobile, not including access thereto or necessary maneuvering space, and considered to be 10 feet wide and 20 feet long.

Rooming House:

A dwelling or that part of a dwelling in which rooming units are offered for pay.

Rooming Unit:

A room or rooms, whether combined with a dwelling or not, used to provide living and sleeping quarters but without facilities for cooking and eating.

Sign:

Any device used for the visual communication or advertisement of a place, building, product, service or name.

Street Line:

The right-of-way line of a street, road or highway.

Mobile Home:

A portable dwelling unit, with or without motor power, designed to be mounted on wheels and used for long-term residential occupancy; a trailer.

Mobile Home Park:

Two of more mobile homes on any building lot or group of lots in single ownership; a trailer park.

Use:

The specific purpose for which land or a building is designed or intended to be occupied or maintained.

Use-Nonconforming:

A use existing at the time of enactment of this Local Law which does not conform to one or more of the regulations of the zone in which such use is located.

Variance:

Authority to deviate from any of the regu- lations of this Local Law, said authority to be granted by the Village Board of Appeals in accordance with the provisions of this Local Law.

Yards:

1. In the Village of Cayuga no building, structure, or land shall be occupied and no building shall be erected or altered unless such action complies with the requirements of this zoning law for the district in which such action occurs and with any special regulations pertinent thereto.
   
   
2. All present or future buildings within the Village having toilet facilities of any kind shall be connected with the Village sewer and water system.
   
   
3. No junk yards (see Definitions, Article 111) shall be permitted anywhere within Village limits. Nor shall there be any dumping of refuse, used or discarded materials, or matter of any kind within the limits of the Village.
   
   
4. No single wide mobile homes shall be permitted within Village limits.
   
   
5. Traffic Visibility Across Corners (clear sight triangle)
   
   
   1. On any corner lot, no wall, fence, or other structure shall be erected or altered, or no hedge, tree, shrub, or other growth except agricultural crops shall be maintained which may cause danger to traffic on a public street by obscuring the view. Visual obstructions shall be limited to a height of not more than two (2) feet above street level within the triangular area bounded by the street lines and a straight line drawn between points on each such street line twenty-five (25) feet from the intersection of said street line.
      
      
   2. Where a private accessway intersects a public street, visual obstructions shall be limited to a height of not more than two (2) feet above street level within the triangular area bounded by the street line, the edge of the private accessway, and a straight line drawn between points on both the street line and the edge of the accessway ten (10) feet from the intersection of said lines.
   
   
   
6. Sidewalks
   All new structures must have 4' wide sidewalks on their front yard except corner lots where sidewalks are required on both streets. The owner/developer is responsible to install the sidewalks. The owner is responsible for maintaining the sidewalk in good repair.
   
   
7. Parking Requirements
   
   
   1. Two off-street parking spaces shall be provided for each dwelling unit except in elderly projects when one off-street parking space shall be provided for each dwelling unit.
      
      
   2. Industrial Parking: one off-street parking space shall be provided for each employee/per shift plus five spaces.
      
      
   3. Office Use: one (1) off-street parking space for each 150 sq.ft. of gross floor area.
      
      
   4. Commercial Parking: one parking space per 125 sq. ft. of gross floor area plus a space for each employee per shift shall be provided.
      
      
   5. Motel, Hotel Parking: one off-street parking space for each rental room plus one (1) additional space for each employee per shift.
      
      
   6. Driveways and parking areas for nonresidential uses shall include within the property lines, turning areas so constructed and surfaced that a vehicle entering or leaving the property is not required to back onto the street or non-parking property.
      
      
   7. All parking areas shall require 200 sq. ft. per vehicle excluding accessways, aisles, maneuvering space and be constructed of all weather surface materials.
   
   
   
8. Building Height Regulations
   Maximum height shall be 35 feet, exceptions shall apply to farm buildings, church spires, chimneys, or other structures built above the roof and not devoted to human occupancy.
   
   
9. Essential Services
   The erection, construction, alteration or maintenance by public utilities or Villgge or other governmental agencies or underground or overhead gas, electrical, or water transmission or distribution systems, communications systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or town or other governmental agencies or for the public health or safety or general welfare will be permitted, but not including buildings.

1. Permitted Uses:
   
   
   1. Dwellings - 1-2 Family Units.
      
      
   2. Multi-units - a Special Permit is required from Planning Board upon review of the project.
      
      
   3. Gardening, farming, nurseries, orchards, roadside stands for local produced products only. Not allowed is raising of livestock.
      
      
   4. Home occupations which use less than 25% of home; no delivering or outside storage.
      
      
   5. Parks, playgrounds, and other open spaces.
      
      
   6. Public buildings and uses including schools, churches, libraries, and cemeteries.
   
   
2. Minimum Lot Size:
   
   
   1. For one family dwellings: 12,000 square feet with a minimum of 80 feet of frontage.
      
      
   2. For two family dwellings: 14,000 square feet with a minimum of 100 feet of frontage.
      
      
   3. For multi-family dwellings: 10,000 square feet for the initial unit with 80 feet of frontage plus at least 5,000 square feet and 20 feet of frontage for each additional unit. (No frontage need be more than 150 feet.)
      
      
   4. For other uses: 10,000 square feet with a minimum of 80 feet of frontage.
   
   
3. Minimum Yard Size
   
   
   1. Front Yards: All buildings and uses shall be at least 60 feet from the center line of State highways and 40 feet from the center line of other roads.
      
      
   2. Other Yards: All buildings and uses shall be at least 10 feet from side and 35 feet from rear property lines. Both side yards shall total at least 25 feet.

1. Permitted Uses:
   
   
   1. Agriculture, farming, nurseries, orchards, and roadside farm stands are permitted.
      
      
   2. Small Commercial*Shopping Center
      *See Commercial Zone for permitted uses.
      
      
   3. Industrial purposes of manufacturing and light industry in accordance with the following procedure:
      
      
      1. A Planned Development District shall comprise of at least three (3) acres.
         
         
      2. Industrial Performance Standards: No building permit for industrial or manufacturing uses in the BDD zone will be issued until the zoning officer has been provided with a description of the proposed industrial process. If it appears that the proposed use will not produce conditions which are noxious, offensive, or hazardous to the health, safety or general welfare of the community, a building permit shall be issued.
         If the performance characteristics are doubtful, the zoning officer shall require a determination that:
         
         
         1. Liquid wastes and effluent shall be treated and discharged in a manner approved in writing by the County Board of Health.
            
            
         2. Disseminated smoke shall not exceed opacity of 15% using the U.S. Environmental Protection Agency's method 9 testing method.
            
            
         3. Protection against fire hazards, explosion and proper handling and storage of combustible material shall be approved by the appropriate village fire official.
            
            
         4. No odors, noises, vibration or glare will be evident at a point more than 150 feet from the source of said odor, noise, vibration or light.
         
         
      3. Other Provisions
         
         
         1. All private access roads to the Business Development District shall be properly graded and maintained. All private roads shall be laid out in accordance with Village road right-of-way requirements.
            
            
         2. Off-street loading and unloading space sufficient to accommodate the maximum demand generated by the use of the lot shall be provided and an all weather surface to provide safe and convenient access and use during all seasons. Also, have a central parking lot entrance.
            
            
         3. All sites in a BDD zone shall have an approved landscaped plan prepared by a professional landscaper or nurseyman for parking area, buffer strips and around the building.
         
         
      4. Application for a permit in the Business Development District shall be made to the Village Board. The Village Board shall refer the application to the Village Planning Board for consideration.
         
         
      5. The Planning Board shall require the applicant to furnish such preliminary plans, drawings and specifications prepared by an architect, engineer, or landscape architect as may be required for an understanding of the proposed development. In reaching its decision on the proposed development, the Planning Board shall consider, among other things, the need for the proposed use in the proposed location, the existing character of the neighborhood and the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property.
         
         
      6. The Planning Board shall approve, approve with modifications, or disapprove such application and shall report its decision to the Village Board.
         
         
      7. In the event the Planning Board has disapproved such proposal, or approved with modifications which the applicant is not willing to make, an affirmative vote of at least four (4) members of the Village Board shall be required to permit the use in the Development District.
      
      
   4. Gasoline stations subject to regulations set forth in Article XI.
      
      
   5. Mobile homes subject to regulations set forth in Article XI.

1. Permitted Uses:
   
   
   1. Single family dwellings.
      
      
   2. Summer camps.
      
      
   3. Summer cabins.
      
      
   4. Home occupations provided that signs be limited to 3 square feet in area and that there is adequate off-street parking. See parking regulations.
   
   
2. Minimum Lot Size
   For single family dwellings and summer camps and cabins: minimum lot size shall be 7,000 square feet with 60 feet of frontage.
   
   
3. Minimum Yard Size
   
   
   1. Front Yards: All buildings and uses shall be 40 feet from the center line of State highways.
      
      
   2. Other yards: All principal buildings and uses shall be at least 7.5 feet from side and 30 feet from rear property lines. Accessory buildings such as boat houses and garages may be located in yards but nothing shall be built closer than 6 feet from any lot line without Board of Appeals approval.
   
   
4. Other Provisions
   
   
   1. No building shall be built closer than 10 feet to the high water line (measured as 383.75 feet from the Barge Canal datum).
      
      
   2. Permits must be obtained for docks extending into Lake Cayuga for a distance of 40 feet or more and to a depth of 4 feet or more as measured at the ordinary low stage of the Lake from the agent for the New York State Department of Conservation.
      
      
   3. All summer camps and cabins shall be of permanent construction. No tents, shacks or other makeshift dwellings will be permitted.

1. All uses permitted in the R Zone.
   
   
2. Lake front recreational businesses enumerated herein shall be permitted by Special Permit.
   
   
   1. Marine Uses
      
      
      1. Marina
         
         
      2. Boat and marine engine repair
         
         
      3. Gas docks
         
         
      4. Fishing and boating supplies
      
      
   2. Private clubs and joint access areas
      A joint access area being a single parcel of land cooperatively owned for the purpose of obtaining access to the Lake for recreation.
      
      
   3. Lodging and Eating
      
      
      1. Rental Cottages
         
         
      2. Motels and hotels
         
         
      3. Eating establishments
         
         Lakefront recreational businesses shall be established only upon lots no smaller than 1 acre and having no less than 200 feet of frontage upon the Lake.
         
         Such businesses shall demonstrate that the design and materials of the structure and landscaping would be consistent with the natural and manmade surroundings.
         
         Additionally, it is desirable to demonstrate that the proposed activity will be compatible with and not made impractical by the natural environment in which it will be located. The applicant shall so demonstrate by providing documentation where applicable, regarding the relationship between the proposed activity and the following environmental factors:
         
         
         1. Physical character of the site:
            
            
            1. slope
               
               
            2. depth to water table
               
               
            3. unique or unusual land forms
               
               
            4. depth to bedrock
               
               
            5. soil types
               
               
            6. flooding potential
               
               
            7. wetlands
               
               
            8. surface water
               
               
            9. draingage
               
               
            10. adjacent land uses
                
                
            11. other factors set forth by reviewing agency.
            
            
         2. Natural Resources:
            
            
            1. plant and wildlife
               
               
            2. historic resources
               
               
            3. visual settings
               
               
            4. air quality
               
               
            5. water quality
               
               
            6. open space
               
               
            7. mineral resources
               
               
            8. other factors set forth by reviewing agency
            
            
         3. Socio-economic:
            
            
            1. transportation patterns
               
               
            2. unique energy requirements
               
               
            3. noise
               
               
            4. drinking water
               
               
            5. sanitary disposal
               
               
            6. community growth patterns including impacts on schools and municipal facilities
               
               
            7. other factors set forth by the reviewing agency
            
            

1. Permitted Uses:
   
   
   1. Public recreation facilities and open space.
      
      
   2. Conservation.
      
      
   3. Other uses must meet Federal Flood Hazard regulations. Applicant must obtain a special permit from Village Planning Board.
   
   
2. Prohibited Uses. All uses not listed in Article X.1 including dwellings and buildings of any kind except those accessory to recreational use.

1. Permitted Uses:
   
   
   1. Retail and Service Providers*, eating establishments, places of public meetings such as churches, etc., repair shops, carpenter and plumbing shops.
      *Includes shops for sale of books, beverages, confections, drugs, dry goods, flowers, foodstuffs, gifts, hardware, household appliances, jewelry, notions, periodicals, stationary, tobacco, paint, furniture, tailoring, dry cleaning, laundramat, printing shop, professional offices, financial institutions, automotive services.
      
      
   2. Residential
   
   
2. Minimum Lot Size
   Minimum lot size - 5000 sq. ft.
   Minimum lot width - 50 ft.
   Mimimum side yard - 0
   Minimum rear yard - 10
   
   
3. Signs
   
   Meet sign regulations in Article XIII

1. Single family dwellings in "R" zone shall have 960 square feet of first floor area (including porches).
   
   
2. Gasoline Stations. A building permit will be issued for a gasoline station only in the Business Development District Zone under the following conditions.
   
   
   1. Site plans shall be sumbitted showing the proposed location and number of fuel pumps, the location and capacity of fuel tanks, the location and size of proposed curb cuts and proposed landscaping plan including evergreen trees planted 10' on center in the 40' wide buffer strip between adjacent properties.
      
      
   2. All fuel pumps, outdoor service facilities and parking areas shall be located at least 20 feet from street lines and 40 feet from other propery lines.
      
      
   3. All fuel tanks shall be underground and comply with all N.Y.S. Department of Environmental Conservation regulations.
      
      
   4. No lights or signs shall be installed so as to produce glare on adjacent residential property.
      
      
   5. No repair work shall be carried on out-of-doors and all damaged or dismantled vehicles, parts and similar articles shall be kept within a building when the gas station is not open for public business.
   
   Lots on which gasoline stations are located shall be maintained at all times and kept free from paper, cans and other rubbish. Gasoline stations shall not include body repair or similar noisy or noxious activities.
   
   
3. Mobile Homes
   
   
   1. No mobile home or trailer shall be brought within Village limits without the express permission of the Village Board and only upon a certificate directed to be issued by said Board to the Enforcement Officer and meet the following regulations.
      
      
   2. If the mobile home complies with the provisions of ArticleXII.3.c., a certificate shall be issued, which certificate shall be renewed every three years. Renewal may be withheld if violations of Article XII.3.c. are found to exist.
      
      
   3. Standards and Environmental Requirements
      
      1. Mobile Homes must be certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of Housing & Urban Development. Used mobile homes must be under 6 years old and be in excellent condition.
         
         
      2. All mobile homes must be double wide with at least 960 sq. ft. of floor area.
         
         
      3. Mobile homes shall be located on single family lots which meet minimum lot size, Article VI.2.a. and on adequately drained sites.
         
         
      4. The main roof should be pitched at 1 foot rise for 4 feet of horizontal run, rather than flat. Porches or attached garages may have flat roofs.
         
         
      5. The mobile home should appear to face the street. Usually this means that the long axis will be parellel to the street.
         
         
      6. The exterior walls should look like wood or masonry, regardless of their actual construction.
         
         
      7. The main roof should appear to be shingled.
         
         
      8. All mobile homes shall be on a permanent foundation of either poured concrete and blocks of at least 3 blocks above grade which must form a complete enclosure under exterior walls. No exposed building paper, wallboard or other unfinished materials will be permitted for this purpose, or for other additions such as storage space and carports.
         
         
      9. The main body of the mobile home should be a rectangle, not be less than 24 ft. narrow in its least dimension. Rectilinear form may be relieved by breaks in facade, and apparent size may be increased by adding an attached garage at the end.
         
         
      10. All mobile homes shall be connected to and served by the Village sewer and water systems.
          
          
      11. All mobile homes lots shall be improved by trees, shrubs, and other forms of landscaping and kept free from inoperable vehicles, appliances, furniture and junk.
          
          
      12. Garbage and rubbish shall be contained in tightly covered cans and kept out of public views.
      
      
   4. Exemptions:
      A homeowner or perspective homeowner may obtain a short term Mobile Home Permit (for used or single wide) from the Village Clerk with concurrence of the Village Planning Board when a temporary residence is desired during the building of a new residence or replacing an existing residence damaged by fire, flood or natural disaster. The permit shall be limited to one (1) year duration.
   
   
4. Outdoor Swimming Pools
   
   
   1. Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than 4 feet in height, which openings, holes or gaps are no larger than 4 inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed 4 inches. A dwelling house or accessory building may be used as part of such enclosure.
      
      
   2. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
      
      
   3. This requirement shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of 24 inches of water. No person in possession of land within the Village, either as owner, purchaser, lessee, tenant or a licensee upon which is situatated a swimming pool having a minimum depth of 24 inches shall fail to provide and maintain such fence or wall as herein provided.
   
   
5. Home Occupation
   A Home Occupation is an activity that:
   
   
   1. is customarily carried on in a dwelling unit
      
      
   2. conforms to the following regulations
      
      
      1. The home occupation shall be carried on wholly indoors and within the principal structure.
         
         
      2. There shall be no use of show windows or display or advertising visible outside of the premises to attract customers or clients other than home occupation announcement sign as permitted (3 sq. ft. total).
         
         
      3. There shall be no storage of materials.
         
         
      4. There shall be no exterior alterations, additions or changes to structure in order to accommodate or facilitate a home occupation.
         
         
      5. No articles shall be sold or offered for sale except such as may be produced on the premises.
         
         
      6. No repetitive servicing by truck for supplies and material shall be required.
         
         
      7. The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit plus not more than one (1) additional employee.
         
         
      8. The floor area devoted to a home occupation shall not be more than twenty five (25) percent of the ground floor area of the principal residential structure or 400 sq. ft. whichever is less.
      
      
   3. In particular a home occupation includes, but is not limited to the following: art studios, professional office of a physician, dentist, lawyer, engineer, architect, writer, or accountant.
      
      
   4. Among the uses that shall not be interpreted to be a home occupation are the following: animal hospital, commercial stables and kennels, funeral parlor, antique shop, and restaurant.
      
      
   5. All home occupations shall be subject to the off-street parking requirements of this zoning law.
   
   
6. Signs
   
   
   1. Definition of "Sign"
      Sign shall mean and include any permanent or temporary structure or part thereof, or any device attached, painted, or represented directly or indirectly on a structure or other outdoor surface that shall display or include any letter, work, insignia, flag, or representation used as, or which is in the nature of, an advertisement, announcement, visual communication, direction, or is designed to attract the eye or bring the subject to the attention of the public.
      
      
   2. Definition of "On-Premises" and "Off-Premises" Signs
      
      
      1. On-Premises Sign. A sign which directs attention to a person, business, profession, home occupation or activity conducted on the same lot. A "for sale" or "for rent" sign relating to the lot on which it is displayed shall be deemed an "on premises" sign.
         
         
      2. Off-Premises Sign. A sign which directs attention to a person, business, profession, product, home occupation, or activity not conducted on the same lot.
      
      
   3. Area of Sign
      
      
      1. The area of a sign shall be constructed to include all lettering, working, and accompanying designs, and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidential to the display itself.
         
         
      2. The area of a sign painted upon or applied to a building shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing associated with the sign.
         
         
      3. Where the sign consists of individual letters or symbols attached to or painted on a surface, buildings, wall, or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.
         
         
      4. In computing square foot area of a double-face sign, both sides shall be considered a separate sign.
      
      
   4. Permit Requirements for Signs
      All on-premises signs over six (6) square feet in area and all off premises signs except governmental signs regardless of size shall require the issuance of a zoning permit before erection or replacement. All signs must comply with all of the regulations contained herein, irrespective of whether a permit is required.
      
      
   5. Signs Permitted in All Districts
      No sign or other advertising device shall be permitted except as follows:
      
      
      1. On-Premises Signs
         
         
         1. Official traffic signs and other official federal, state, county, village, or town government signs.
            
            
         2. Signs displaying the name and address of the occupant of a dwelling, provided that the area of any such sign shall not exceed two (2) square feet and not more than one (1) such sign shall be erected for each dwelling unit, unless such property fronts on more than one street, in which case one (1) such sign may be erected on each street frontage. Such signs may be non-illuminated or indirectly illuminated only.
            
            
         3. Temporary signs announcing a campaign, drive, or event of a civic philanthropic, educational, or religious organization. Such signs shall not exceed twelve (12) square feet in area and shall be removed immediately upon completion the campaign, drive, or event.
            
            
         4. Memorial signs or tablets.
         
         
      2. Off-Premises Signs
         
         
         1. Off-premises signs which are used for directing members, or audience to service clubs, churches, or other non-profit organizations may be erected subjected to the following requirements:
            
            
            1. A sign shall indicate only the name of the organization and the direction to the facility.
               
               
            2. Only one (1) sign shall be erected prior to each intersection turning movement necessary to reach such facility.
               
               
            3. Signs shall not exceed four (4) square feet in area.
            
            
         2. Signs directing patrons, members, or audience to temporary exhibits, shows, or events and signs erected in conjunction with a political election subject to the following requirements:
            
            
            1. No such sign shall exceed twelve (12) square feet in area.
               
               
            2. Signs shall be removed within two (2) weeks after the date of exhibit, show event, or election.
               
               
            3. No permit shall be issued for the erection of such signs until a deposit is made with the Village Clerk in accordance with a fee schedule adopted by the Village Board to guarantee removal within the time prescribed. Failure to, remove such signs within the time prescribed shall result in forfeiture of the deposit.
               
               
            4. No such sign shall be posted earlier than two weeks before the occurrence of the event to which it relates.
            
            
         3. Official traffic signs and other official federal, state, county, village, or town government signs.
      
      
   6. On-Premises Signs permitted in Commercial and Business Development districts Identifying a Business Industry
      
      
      1. Free standing and attached signs to a building shall not exceed one square foot per linear foot of lot frontage.
         
         
      2. In no case shall any single sign exceed 100 square feet in area.
         
         
      3. Special temporary promotional devices, signs or displays such as banners and pennants shall be permitted up to 30 days and then removed by the owner.
      
      
   7. Off-Premises Signs
      No off-premises advertising signs will be permitted.
      
      
   8. General Sign Regulations
      The following requirements shall apply to all signs unless noted otherwise.
      
      
      1. No sign shall have visable moving or moveable parts or flashing, animated, or intermittent illumination.
         
         
      2. No sign shall project more than twelve (12) inches out from the wall to which it is attached. Signs not exceeding two (2) square feet in area may be placed perpendicular to a building face if attached to and below a canopy projection from said building.
         
         
      3. No sign shall be located within ten (10) feet of any side property line.
         
         
      4. Height of on-premises signs in Commercial (c) and Business (B) Districts shall not exceed twenty (20) feet. Height of off-premises signs in Commercial (C) District shall not exceed twenty (20) feet in height from the ground level.
         
         
      5. All signs except temporary signs shall be constructed of durable material and kept in good condition and repair.
         
         
      6. All nonconforming signs in the Commercial and Business Development Districts shall be replaced with conforming signs or removed within a five (5) year period from the date of enactment of this Local Law.
         
         
      7. All nonconforming signs in the Residential and Lake Shore Districts shall be removed within a five (5) year period from the date of enactment of this Local Law.
   
   
7. Yard Maintenance
   
   
   1. All improved lots whether residential or otherwise shall be mowed at least once a month from April 1 to October 1, kept free of rubbish, garbage and trash. All unimproved lots shall be mowed at least once every 6 weeks from April 1 to October 1 and kept free of rubbish, garbage and trash.
      
      
   2. All sidewalks shall be kept free of materials and passable. All hedges, bushes, low tree limbs must be cut and trimmed to ensure free passage on the Village sidewalks.
      
      
   3. The area between the sidewalk and street shall be maintained by the property owner including keeping the drainage ditches clear and free of leaves, bushes and other debris or trash.

1. Continuance
   Except as otherwise provided in this Section, the lawful use of any buildings or land existing at the date of adoption of this Local Law may be continued even though such use does not conform to the provisions of this Local Law for the district in which such land is located. Non-conforming use rights, subject to the provisions of this law remain with the land when title is transferred.
   
   
2. Extension or Enlargement
   A non-conforming building or use may not be extended or enlarged to other structures or land not already devoted to such use except by means of a variance granted by the Board of Appeals shall only be allowed up to 20% one time.
   
   
3. Restoration and Repair
   A non-conforming structure or part thereof declared unsafe by proper authorities may be restored to safe and sanitary condition. No non-conforming building damaged by fire, flood or other causes to the extent of 65% of its appraised value at the time of such damage shall be reconstructed, repaired or used except in conformity with the regulations as to use in the district in which said non-conforming building is located.
   
   
4. Abandonment or Discontinuance
   Whenever a non-conforming building has been abandoned or a non-conforming use discontinued for a period of 12 consecutive months, from a beginning date to be determined by the Enforcement Officer, such non-conforming building or use shall not be re-established, except by a variance granted by the Board of Appeals.

1. There is hereby established a Board of Appeals which shall consist of three (3) members, each to be appointed for three (3) years by the Board of Trustees subject to the provisions of the Village Law of the State of New York.
   
   
   1. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. All meetings of such Board shall be open to the public.
      
      
   2. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be public record.
   
   
2. Grievences
   Any person aggrieved by an decision or determination of the officer responsible for enforcement of this Local Law may appeal to the Board of Appeals. The Board shall hear and decide all matters referred to it or upon which it is required to pass in accordance with the provisions of this Local Law. The Board shall have the authority to grant variances from, and to modify, any of the provisions of this Local Law. In considering an appeal the Board of Appeals shall be guided by the circumstances of the situation and the intent of the appellant and shall act so as to protect the best interests of the community.
   
   
3. Procedure
   All appeals and applications to the Board of Appeals shall be made in writing and shall be submitted to the enforcement officer who shall refer them to the Board. All appeals shall be taken within such time as shall be prescribed by the Board of Appeals by general rule. The Board of Appeals shall conduct a public hearing in accordance with section 179-b of Article VI-A of the Village Law as the same may be amended from time to time. The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. The issue shall be decided within sixty-two (62) days after the final hearing.
   
   
   1. Every decision of the Board of Appeals shall be by resolution and shall contain a full record of the findings of the Board in the particular case.
   
   
4. Any person or persons jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, Board or Bureau of the Village, may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice, Law and Rules. Such application must be instituted within thirty (30) days after the filing of a decision in the office of the Village Clerk.

1. The regulations and provisions of this Local Law may be amended, supplemented or repealed by the Village Board after legal notice and public hearing.
   
   
2. Each such proposed change or amendment, if initiated by anyone other than the Planning Board, shall be referred to the Planning Board for review and recommendation thereon before the public hearing hereinafter provided for.
   
   
3. The Village Board by resolution adopted at an official meeting shall fix the time and place of a public hearing on the proposed change or amendment and cause notice to be given as follows:
   
   
   1. By establishing a notice of time and place at least 15 days in advance of such hearing in the official paper of the Village.
      
      
   2. A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of the Town of Aurelius shall be given to the Town Clerk.

1. Modification through Plat Approval
   The Board of Trustees is hereby empowered by resolution to authorize a Planning Board simultaneously with the approval of a Plat or Plats pursurant to Article 6-A of the Village Law of the State of New York to modify applicable provisions of this Local Law subject to the conditions set forth in section 179-p of the Village Law of the State of New York and such other reasonable conditions as the Board of Trustees may in its direction and thereto.
   
   
2. Interpretation of Local Law
   In their interpretation and application the provisions of this Local Law shall be held to be minimum requirements necessary to accomplish the purpose of the Local Law. When requirements of this Local Law conflict with the requirements of other lawfully developed rules, regulations or local laws, the most restrictive or that imposing higher standards shall govern.
   
   
3. Violations and Penalties
   The violation of any provision of this Local Law shall be punished by a fine of $250.00 for any violation. Each day any violation of any provision of this Local Law shall continue, it shall constitute a separate violation. The Village of Cayuga shall have power to institute any appropriate action or proceeding to prevent the unlawful erection, construction, alteration or use of any building or land in violation of the requirements of this Local Law as well as any and all other powers and remedies as may be prescribed by law.
   
   
4. Validity
   The sections, paragraphs, sentences, clause and phrases of this Local Law are severable and if any phrase, clause, sentence or paragraph or section of this code shall be declared unconstitutional or invalid by the valid judgement or decree of a Court of competent jursidiction, such unconstitutionality or invalidity shall not affect. any of the remaining phrases, clauses, sentences, paragraphs and sections of this Local Law.
   
   
5. Repealer
   Any and all Local Laws and parts of Local Laws of the Village of Cayuga which are inconsistent with the provisions of this Local Law are hereby repealed.
   
   
6. Effective Date
   This Local Law shall take effect after due adoption and ten days after publication and posting in accordance with Section 175 of the Village Law of the State of New York.

1. Zoning Officer - Duties and Powers
   The provisions of this Local Law shall be administered and enforced by the Zoning Officer who shall be appointed by the Village Board. It shall be the duty of the Zoning Officer who shall have the power to:
   
   
   1. Receive and examine all applications for zoning permits and to refer applications to the Planning Board for review and recommendation when deemed advisable.
      
      
   2. Issue zoning permits and certification of occupancy only when there is compliance with the provisions of this Local Law and with other Village Laws provided, however, the issuance of a zoning permit shall not be deemed a waiver of the requirements of any Village Ordinance.
      
      
   3. Review applications for special permits and forward these applications to the Board of Appeals for action thereon.
      
      
   4. Following refusal of a permit, to receive applications for appeals from alleged error of the Zoning Officer and variances and forward these applications to the Board of Appeals for action thereon.
      
      
   5. Conduct inspections and surveys to determine compliance or noncompliance with the terms of this Local Law.
      
      
   6. Issue stop, cease, and desist orders, and order in writing correction of all conditions found to be in violation of the provisions of this Local Law. Such written orders shall be served personally or by certified mail upon persons, firms or corporations deemed by the Zoning Officer to be violating the terms of this Local Law. It shall be unlawful for any person to violate any such order lawfully issued by the Zoning Officer and any person violating any such order shall be guilty of a violation of this Local Law or the terms of a special permit or variance, and said person shall be subject to a penalty of not less than $250.00 and not more than $500.00 in addition to any other penalities herein setforth.
      
      
   7. With the approval of the Village Board, or when directed by them, institute in the name of the Village any appropriate action or precedings to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct, or abate such violation, so as to prevent the occupancy of or use of any building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
      
      
   8. Revoke by order, a zoning permit issued under a mistake of fact or contrary to the law or the provisions of this Local Law.
      
      
   9. Maintain a map showing the current zoning classification of all land.
      
      
   10. Upon the request of the Village Board, the Planning Board or the Board of Appeals, present to such bodies facts, records, or reports which they may request to assist them in making decisions.
   
   
2. Zoning Permits
   No structure shall be erected, constructed, reconstructed, extended, or moved; and no land or building changed in use; until a Zoning Permit has been secured from the Zoning Officer. Upon completion of changes in use or construction, reconstruction, extension, or moving of structures, the applicant shall notify the Zoning Officer of such completion.
   
   No permit shall be considered as complete or as permanetly effective until the Zoning Officer has noted on the permit that the work or occupancy and use has been inspected and approved as being in conformity with the provisions of this Local Law.
   
   Zoning Permits shall be issued with a one (1) year life, however, that if work is not commenced within three (3) months after issuance of the Zoning Permit, the permit shall automatically expire and a new permit shall be required before such work or change in use commences.
   
   
3. Certification of Occupancy
   No land shall be used or occupied and no building hereafter erected, altered or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Zoning Officer stating that the buildings or proposed use thereof complies with the provisions of this Local Law and any other pertinent ordinance of the Village of Cayuga.
   
   
4. Application Requirements for Zoning Permits
   
   
   1. All applications for Zoning Permits shall be made in writing by tile owner, tenant, vendee under contract of sale, or authorized agent, oil a form supplied by the Village and shall be filed with the Zoning Officer. The application shall:
      
      
      1. Include a statement to the proposed use of the building or land.
         
         
      2. Include a site layout drawn to scale showing the location, dimensions, and height of proposed buildings, structures, or uses and any existing buildings in relation to property and street lines.
         
         
      3. Include the number, location, and design of parking spaces and loading spaces if applicable.
         
         
      4. Include the size, dimensions, location, and methods of illumination for signs if applicable.
         
         
      5. Include any additional plans and information reasonably necessary for the Zoning Officer to ascertain whether the proposed use, change in use, erection, alteration, or addition complies with the provisions of this Local Law.
      
      
   2. No permit for any new use or construction which will involve the on-site disposal of sewage or waste and no permit for a change in use or an alteration which will result in an increased volume of sewage or waste to be disposed of on the site shall be issued until a certificate of approval has been issued by the County Department of Health.
   
   
5. Issuance of Zoning Permits
   Zoning permits shall be granted or refused within fifteen (15) days after the written application has been filed with the Zoning Officer, except as provided for special permit applications. Upon completion of the activity authorized by any Zoning Permit, the holder of such permit shall notify the Zoning Officer of such completion.
   
   All applications with accompanying plans and documents shall become, and be preserved as a public record, subject to the disposition of the Village Board.
   
   
6. Issuance of Occupancy Permits
   An occupancy permit shall be granted or refused in writting within fifteen (15) days after written application has been filed with the Zoning Officer. Upon the Zoning Officer's review and finding that there is no violation, a permit will be issued. If a violation is found, written explanation of such violation shall accompany the Zoning Officer's written refusal within the aforestated time period.
   
   
7. Fees
   The applicant for a Zoning Permit shall, at the time of making application, pay to the Zoning Officer for the use of the Village a fee in accordance with a fee schedule adopted by resolution of the Village Board as such schedule may be amended by resolution of the Village Board.
   
   Zoning Map