Town of SEMPRONIUS NEW YORK Local Law No. 1 of the year 1993 A local law SETBACK & LOT AREA LAW FOR THE TOWN OF SEMPRONIUS, NEW YORK Be it enacted by the TOWN BOARD of the Town of SEMPRONIUS, NEW YORK as follows: ARTICLE I Sec. 1: Short Title This law shall be known as the "Setback & Lot Area Law For the Town of Sempronius, New York. Sec. 2: Enacting Clause Enacted pursuant to the authority conferred by Article 2 of the Municipal Home Rule Law. Sec. 3: Purpose It is the purpose of this Law to promote the health, safety and the general welfare of the Town of Sempronius, New York, to secure safety from fire; to insure adequate spacing of septic systems; to insure the purity of ground water and drinking water supplies; to provide adequate light and clean air; to prevent the overcrowding of land and to avoid the concentration of population. ARTICLE II Sec. 4: Definitions Building: Any structure including but not limited to houses, mobile homes, double wide mobile homes, modular homes, campers, barns, garages, warehouses, and sheds having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel. Right-of-way: Land reserved for use as a street or alley. Setback or building line: The line within a property defining the required minimum distance between any enclosed structure and the adjacent right-of-way. Lot: Parcel of land occupied, or designed to be occupied by, one building which is used or intended to be used for residential purposes and other buildings incident thereto, and including such open spaces as are arranged and designed to be used in connection with such buildings. A lot may be the land shown on a duly recorded plat, a portion of such land or land from more than one such plat. Width of lot: The mean width measured at right angles to its depth. Person: An individual, partnership, corporation or other legal entity. The plural is included as the context requires. Building Permit: A permit issued pursuant to Section 13 of this Law. Existing Building: Any building or part thereof in the location in which it exists at the time this Law becomes effective. Occupancy Unit: Any room or group of rooms located within a building used or intended to be used for residential purposes, and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family or individual. ARTICLE III Sec. 5: Applicability Buildings subject to the requirements set, forth in Article III, Sections 6, 7 and 8, shall be all buildings used or intended to be used for residential occupancy by one family, or one individual. The standards set forth in Article III, Sections 6 and 7, shall be increased by an amount equal to said standards multiplied by the total number of occupancy units contained within a single building. Buildings other than those used or intended to be used for residential purposes shall be subject to the requirements set forth in Article III, Section 8. Sec. 6: Lot Area No permits shall be issued for the erection of a new building used or intended to be used for residential purposes, nor shall any such building be erected, unless the lot upon which it is located contains a minimum area of one and one-half (1 1/2) acres. No lot may be subdivided in such a manner that any building located thereon shall fail to comply with the standards of this Law. Sec. 7 : Lot Frontage Standards No building used or intended to be used for residential purposes shall hereafter be constructed on a lot unless said lot has a minimum frontage of 200 feet on a public street or public right-of-way, or on a private right-of-way giving access to a public right-of-way or public highway. Sec. 8: Building Setback Line All buildings hereafter constructed in the Town of Sempronius, New York, shall be set back a minimum distance of 75 feet from the centerline of any public right-of-way, public street, public highway or private right-of-way. No building shall be closer than 25 feet to an adjacent property line. No building on lake frontage property shall be closer than 10 feet to an adjacent property line. ARTICLE IV Sec. 9: Existing Buildings Any existing building may be continued in the location it occupies on the day this Law becomes effective even if such building does not conform to the provisions hereof. Any existing building may be repaired, restored or replaced in the location it occupies on the day this law becomes effective, but no building or lot, may be altered in a manner that causes it to become nonconforming to the provisions of this Law, or which adds to or extends an existing nonconformance. Sec. 10: Mobile Home Parks The provisions of this Law shall not apply to a Mobile Home, as defined in the Mobile Home Law For the Town of Sempronius, New York, which is placed in accordance with the approved plan of a Mobile Home Park for which a permit has been issued under the Mobile Home Law for the town of Sempronius, New York. Sec. 11: Compliance With Other Laws 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 local, County, State or Federal Laws including without limitation, Cayuga County Health rules and regulations. ARTICLE V Sec. 12: Administration The Town Board of the Town of Sempronius, New York, shall appoint such person or persons, agency or agencies, as it deems necessary, in its sole discretion, for the proper enforcement of the provisions of this Law. Such person or persons, agency, or agencies, shall be known as the "Code Enforcement Officer". The compensation of such Code Enforcement Officer shall be fixed by the Town Board of the Town of Sempronius, New York. Sec. 13. Building Permit Requirement No building shall be constructed or extended without a building permit issued by the Code Enforcement Officer. Every application for a building permit shall be accompanied by a plot plan with all dimensions shown indicating the location of all structures and property boundaries, and approved by the Cayuga County Health Department to install a sewage disposal system. Sec. 14. Board of Appeals The Town Board of the Town of Sempronius , New York, shall appoint a Board of Appeals consisting of five members and shall designate its chairman and set their terms of office. Within 45 days from written application to the Board of Appeals, the Board of Appeals shall hear and decide appeals from and review any order, requirement, decision 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 the matters considered. Three members shall constitute a quorum, and a majority vote of those present and voting 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 of Sempronius, New York, at least 10 days prior to the hearing. Upon review of a decision of the Code Enforcement officer, the Board of Appeals may issue a permit to remedy an error, or in the alternative, a variance r upon a showing by the appellant that strict compliance with the terms of this Law will create undue hardship on the appellant. In granting a variance, the Board of Appeals shall determine that the granting of the variance is in harmony with the general purpose and intent of this Law and not in injurious to the neighborhood or otherwise detrimental to the public welfare, that special conditions exist that make compliance with the strict terms of this Law impossible or impractical, and that the relief sought is the minimal amount necessary to overcome the hardship. 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 of the Town of Sempronius, New York, prior to consideration of the matter by the Board of Appeals. Sec. 15: Violations and Penalties Any person violating any provision of this Law shall be deemed guilty of a violation and upon conviction thereof shall be subject to a fine not exceeding One Hundred Dollars ($100 .00) , or to imprisonment, for each and every violation. Each week that any violation continues shall constitute a separate violation. Imprisonment for any violation shall not exceed fifteen (15) days. In addition to other penalties, the Town of Sempronius, New York may institute any appropriate action or proceeding in any Court of competent jurisdiction to prevent the unlawful erection, construction, alteration of any building in violation of the requirements of this Law. Sec. 16: Amendments This law may be amended as provided by the Town Law. Sec. 17: Separability The invalidity of any section or provision of this Law shall not invalidate any other section or provision thereof. Sec. 18: Fees The Town Board of the Town of Sempronius, New York, shall promulgate a schedule of fees which shall be paid by applicants to secure the necessary permits or approvals. A copy of the fee schedule will be kept on file with the Town Clerk of the Town of Sempronius, New York. In the event that an application for a permit is not approved, the applicant shall not be entitled to a refund. Sec. 19: When effective This law shall be in force and effect immediately upon it filing in the Office of the Secretary of State in accordance with the provisions of the Municipal Home Rule Law. Sec. 20: Repeal of Local law No. 1 of the Year 1988 Local Law No. 1 of the Year 1988 entitled "SETBACK & LOT AREA LAW FOR THE TOWN OF SEMPRONIUS, NEW YORK" is hereby repealed in its entirety.