|Town of Locke
Local Law No 1 of the year 1993|
A local law Setback and Lot Area Law
Be it enacted by the Town Board of the Town of Locke as follows:
Section 1: Short Title
This law shall be known as the "Set Back & Lot Area" Law for the Town of Locke.
Section 2: Enactment Clause
This law is enacted pursuant of the authority conferred by Article 2 of the Municipal Home Rule Law.
Section 3: Purpose
It is the purpose of this Law to promote the health, safety, and the general welfare of the Town; to secure safety from fire, to provide adequate light and air; to prevent the overcrowding of land; to avoid concentration of population and to insure the purity of ground water. Local Law number 3 of the year 1984, and Local Law number 1 of 1990, of the Town of Locke, County of Cayuga, State of New York, are hereby repealed in their entirety, and replaced with the provisions of this local law.
Section 4: Definitions
- Building: Any structure having a roof supported by columns, or by walls that occupies at least 140 square feet of ground space, and is intended for any purposes, including but not limited to: residential use, agricultural use, storage use, or business use.
- Residential Building: Any building (as defined above) either intended for, or used as, human habitation.
- Commercial Building: Any building (as defined above) intended for, or used in connection with any business or commercial venture, including but not limited to: retail sales, wholesale enterprises, agricultural enterprises, not-for-profit enterprises or ventures, storage or warehousing of personal property, except storage by an individual of personal property not owned or used in connection with any commercial enterprise.
- Agricultural Building: Any building (as defined above) intended for, or used in connection with, agricultural enterprises.
- Right-of-way: Land reserved for use as a street, alley, or for other public purpose.
- Set-back or building line: The line within a property defining the required minimum distance between any building and the adjacent property or right-of-way.
- Lot: Parcel of land occupied, or designed to be occupied, by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may or may not be the land shown as a lot on a duly recorded plot.
- Accessory Building: A building, the use of which is customarily incidental and subordinate to that of a principal building, and located on the same lot therewith.
- Principal Building: A building in which is conducted, or intended to be conducted, the principal use of the lot on which the building is located.
Section 5: Lot Area
No building permit shall be issued for the erection of a new principal building unless the lot upon which it is to be located contains a minimum of one acre. Each lot shall contain no more than one principal building (either residential, commercial, or agricultural) but may contain accessory buildings without regard to the number of other buildings on the lot. Any building used solely for non-commercial storage may be placed on a lot without regard to lot size, subject to set-back limitations.
Section 6: Lot Area Standards
- No principal building shall hereafter be constructed on a lot unless said lot has a minimum frontage of 200 feet on a public street or on a private roadway that has been built to specifications of Cayuga County, New York State Department of Transportation, and the Town of Locke Highway Department.
- The restrictions set forth in sub-paragraph "a" above shall not apply to the construction of accessory buildings for approved structures on nonconforming lots.
- Any lot which contains only an agricultural building or a building for non-commercial storage shall have a minimum frontage of 50 feet on a public street or a private roadway that has been built to specifications of Cayuga County, New York State Department of Transportation, and the Town of Locke Highway Department.
Section 7: Building Setback Line
- All buildings hereafter constructed in the Town shall be set back minimum distance of 50 feet from the near line of any public or private right-of-way.
- No building shall hereafter be constructed closer than 20 feet to an adjacent property line or rear property line.
Section 8: Continuation of Existing Buildings
- Any building existing at the time that this law becomes effective may be continued even if the building does not conform with the provisions of this law. Any building that exists at the time that this law becomes effective, or which existed within 18 months immediately prior to the date on which this law becomes effective may be replaced by a new building on the same lot, provided that the replacement building creates no greater violation of the provisions of this law than the pre-existing building did, and provided further that construction or installation of the replacement building begins within 18 months after the destruction or the removal of the prior non-conforming structure.
- No building shall be altered in a manner which will cause an existing building to become nonconforming to this law, or which will cause an existing non-conformity to become greater.
- No new boundary lines or relocated boundary lines shall be placed in such a way as to violate the provisions of this law unless the effect of the new or relocated boundary lines is to decrease the impact of a pre-existing non-conformity with this law.
Section 9: Compliance with Other Laws
- No permit shall be issued under this law until certification of compliance with all County Health Dept. regulations concerning the disposal of sewage is supplied to the Code Enforcement Official.
- Permits issued under this law shall indicate compliance only with the terms of this law. All construction or creation of building lots shall conform with any other applicable County, State, or Federal Laws.
Section 10: Administration
The Town Board of the Town of Locke, Cayuga County, New York, shall appoint such person or persons, agency or agencies, as in its sole discretion is necessary for the proper enforcement of the provisions of this Local. Law. Such person or persons, agency or agencies, shall be known as "Code Enforcement Officers". The compensation of such code enforcement officers shall be fixed by the Town Board of the Town of Locke, Cayuga County, New York.
Section 11: Building Permit
No building shall be constructed or extended, without a building permit issued as applicable by the Code Enforcement Officer. Every application for a building permit shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of the lot and buildings. The plot plan shall be submitted with applications.
Section 12: Board of Appeals
- The Town Board shall appoint a Board of Appeals consisting of five members and shall designate its chairman and set their terms of office.
- Such Board of Appeals shall hear and decide appeals from and review order, requirement, decisions and determination made under this Law.
- Such Board of Appeals shall meet at the call of the Chairman, Minutes of all proceedings shall contain evidence and data relevant to each case heard, the votes of all members and the final disposition of matters considered. A majority vote of the members shall decide an issue.
- Upon receiving an application, the Board of Appeals shall fix and advertise a date, time and place for a public hearing on said application, Advertisement of said hearing shall be placed in the official paper of the town at least 10 days prior to the hearing. The Chairperson of the Planning Board will receive a copy of the application and notice of hearing.
- Upon review of a decision of the Code Enforcement Officer, the Board of Appeals may issue a variance upon a showing by the appellant the strict compliance with the terms of this local law will create practical difficulties for the appellant. 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 such grant. In making such determination the board shall also consider: (1) whether 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; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; (3) whether the requested area variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.
- Any person requesting action by the Board of Appeals shall pay a fee equal to the cost of advertising of the Public Hearing to the Town Clerk prior to consideration of the matter by the Board of Appeals.
Section 13: Violations and Penalties
Any person, firm, corporation or other, violating any provision of this ordinance shall be deemed guilty of a violation and upon conviction thereof shall be subject to a fine not exceeding fifty (50) dollars, or to imprisonment, for each and every violation. Each week and every week that such violation continues, shall constitute a separate violation. In no event may imprisonment for any one violation exceed 15 days.
In addition to other penalties, the Town of Locke may institute any appropriate action or proceeding to prevent the unlawful erection, construction, alteration of any building or land in violation of the requirements of this law.
Section 14: Amendments
This law may be amended as provided by the Town Law.
Section 15: Validity
The invalidity of any section of provision of this law shall not invalidate any other section or provision thereof.
Section 16 : Fees
The Town Board may establish a fee schedule, and from time to time amend the same, sufficient to meet the expenses incurred in the enforcement of this local law.
Section 17: When Effective
This law shall be in force and effect immediately upon filing in the office of the Secretary of State in accordance with the provisions of the Municipal Home Rule Law.