Cicero Town City Zoning Code
ARTICLE XIII
Brewerton Road Corridor: Downtown Core DC and Hamlet Gateway HC Districts
[Added 7-27-2009 by L.L. No. 12-2009]
§ 210-83 Introduction.
A.
Form-based code orientation. This article contains the development regulations that govern future development actions in the Downtown Core (DC) and Hamlet Gateway (HG) Overlay Districts located along the Brewerton Road Corridor in the Hamlet of Brewerton, Town of Cicero. The design standards and guidelines in this article will be used to evaluate development projects or improvement plans proposed for properties within the Downtown Core and Hamlet Gateway Overlay Districts.
B.
Intent. The intent of Downtown Core and Hamlet Gateway Overlay Districts is to implement the goals and objectives outlined in the Brewerton Strategic Revitalization Plan document, adopted by the Town of Cicero (hereafter referred to as the "Town") Board on October 15, 2008. The Brewerton Strategic Revitalization Plan identified geographic areas collectively identified as "character areas" with the intent of implementing creative regulatory solutions to ensure enhanced Infill and an improved quality of life.
C.
Application of overlay districts.
(1)
Development within the Brewerton Road Corridor must comply both with this Overlay Code and all other regulations of the Town, as applicable. However, the regulations of the Town will only apply to the extent that such regulations do not conflict with this overlay, or address issues not regulated by this overlay.
(2)
All parcels within the defined boundaries of the Downtown Core and Hamlet Gateway Overlay Districts are required to follow these regulations.
(3)
This article shall apply to new construction, additions of more than 10% to a structure's floor area, exterior renovations to existing structures that involve a building permit, and new land uses proposed for existing structures or land.
(4)
Right of continued use. Nothing contained in this article shall require any change in any existing structure or any proposed structure or structural change for which a building permit was issued prior to the effective date of this article. This article shall also not apply to any plans submitted for application and on file prior to the effective date of this article. Changes in the property's ownership or tenants of existing uses shall likewise require no change in any existing building or structure. Section 210-92, Nonconforming uses and structures, shall govern any other nonconforming condition.
(5)
Where improvements and additions are made to existing buildings, requirements for renovation or enlargements apply only to new construction. Improvements and additions to existing buildings that increase nonconformities are prohibited. Section 210-92, Nonconforming uses and structures, shall govern any other nonconforming condition.
(6)
Development regulations established herein are of two types: standards and guidelines.
(a)
Standards address those aspects of development that are essential to achieve the goals of the Brewerton Road Corridor Regulating Plan. They include specifications for site development and building design, such as permitted land uses, building Height, and Setbacks. Conformance with standards is required. Such provisions are indicated by use of the words "shall," "must," or "is prohibited."
(b)
Guidelines provide guidance for new development in terms of aesthetics and other considerations such as district character or design details. They are intended to direct building and site design in a way that results in the continuity of the valued character of the hamlet. Whereas conformance with the standards is required, conformance with the guidelines is preferred and/or recommended. Provisions that fall into this category are indicated by the use of the words "should," "may" or "are encouraged to." In various cases, the guidelines provide a choice of treatments that will achieve the desired effect. Although direct conformance with the guidelines is the surest route to approval, developers are permitted to propose alternative design details if they are able to show that such details implement the overall Brewerton Road Corridor Regulating Plan objectives with respect to the desired character of the hamlet.
(7)
Lists of examples prefaced by "such as" or other similar preface shall not be construed as exclusive and shall not preclude an interpretation of the list including other similar and nonmentioned examples by the Code Enforcement Officer.
(8)
The graphics, tables, and text used throughout this article are regulatory. In case of a conflict, text shall control over tables or graphics; tables shall control over graphics.
D.
How to use this article.
(1)
To determine which standards and guidelines are applicable to a Lot, the applicant should review the sections of the article identified below. Projects must meet all development standards in order to achieve approval in the site plan review process. Projects are encouraged to adhere to the recommendations contained within the sections' guidelines, and projects that conform to those recommendations will facilitate the site plan review process.
(2)
The form-based code is divided into seven sections:
(a)
Brewerton Road Corridor Regulating Plan. Using the Brewerton Road Corridor Regulating Plan (Figure 210-84-3), determine the Lot's district designation. The district designation will determine which uses are permitted on the Lot and lot standards, including Frontage Types (refer to § 210-86).
(b)
Use regulations. For regulations governing land use, locate the property in question on Figure 210-84-3: Brewerton Road Corridor Regulating Plan. Note which district the property is in. Refer to Table 210-85-1, Use Regulations, and review the definitions and requirements for each regulated element listed.
(c)
Lot and building standards. For regulations governing property frontage and building placement: locate the property in question on Figure 210-84-3: Brewerton Road Corridor Regulating Plan. Then refer to the Frontage Type Table 210-86-1 and the appropriate lot and building standards table (Tables 210-87-1 and 210-87-2) and review the requirements for that district.
(d)
Parking standards and guidelines. Refer to Table 210-88-1: Parking Provisions, and then review the parking standards and guidelines governing parking lot site layout, parking lot lighting, and parking lot landscaping.
(e)
Architectural standards and guidelines. Locate the property in question on Figure 210-84-3: Brewerton Road Corridor Regulating Plan, and refer to the standards and guidelines for architectural elements in § 210-89.
(f)
Landscape and lighting standards and guidelines. Refer to the standards and guidelines for landscape and lighting in § 210-90.
(g)
Signage standards. Refer to the standards for signage in § 210-91.
§ 210-84 Districts and Brewerton Road Corridor Regulating Plan.
A.
Establishment of districts. The Brewerton Road Corridor is hereby divided into the following zoning districts:
(1)
Downtown Core (DC) District.
(a)
Statement of intent. The purpose of this district is to foster a vibrant, pedestrian-oriented character for Brewerton Road (NY Route 11) within the downtown core of the hamlet. In general, The downtown core encompasses existing parcels that front Brewerton Road from approximately Bennett Street to Jerome Street. The physical form and uses are regulated to maintain and enhance the historic Mixed-Use character of the downtown core, while encouraging Infill development that is compatible with that character, providing greater amenities to residents and a range of housing options and Commercial opportunities.
 Figure 210-84-1 — Downtown Core (DC) District. This district consists of Brewerton's historic downtown main street area with (1) two- to four-Story buildings; (2) small-scale retail, office, service and restaurant use with upper floor residential use; (3) a shallow Build-To-Line and frontage build-out requirement that supports a pedestrian-friendly street; (4) on-street parking, tree lawn with street trees, sidewalks and streetlights; (5) flat roofs with cornices or pitched roofs. |
(2)
Hamlet Gateway (HG) District.
(a)
Statement of intent. The purpose of this district is to create a public realm conducive to pedestrian activity and provide a transitional zone between the hamlet's vehicle-oriented land uses and the traditional downtown core. In general, the Hamlet Gateway encompasses existing parcels that front Brewerton Road from approximately Jerome Street to Orangeport and Miller Roads.
 Figure 210-84-2 — Hamlet Gateway (HG) District. This district consists of a mix of Frontage Types and corresponding reliance on a consistent streetscape to enhance the pedestrian environment of the Brewerton Road Corridor. |
B.
Brewerton Road Corridor Regulating Plan. The areas and boundaries of the districts listed in § 210-84A, Establishment of districts, are established to scale as shown on the Brewerton Road Corridor Regulating Plan (refer to Figure 210-84-3) and referenced to herein as the "Regulating Plan."
C.
District regulations. The regulations outlining the permitted uses are set forth in § 210-85.
 Figure 210-84-3: Brewerton Road Corridor Regulating Plan |
§ 210-85 Uses.
A.
General requirements. The following pertains to uses permitted on the Brewerton Road Corridor.
(1)
Table 210-85-1, Use Regulations. The use regulations table outlines the permitted uses. Each use is given one of the following designations. A use may not be designated as the same across the zoning districts.
(a)
Permitted: uses permitted by right in the districts in which they are listed.
(b)
Permitted in the upper stories only: uses permitted by right only if they are located in the upper stories of a structure, or if on the ground floor behind the area adjacent to the front Facade (the front space is considered the storefront display and use area).
Table 210-85-1: Use Regulations | |||
|---|---|---|---|
Districts | |||
Uses | HG | DC | |
Residential | |||
Single-family | Permitted | Permitted-U | |
Two-family | Permitted | Permitted-U | |
Multifamily | Permitted | Permitted-U | |
Accessory family unit | Permitted-U | Permitted-U | |
Lodging and housing | |||
Bed-and-breakfast | Permitted | Permitted | |
Hospice | Permitted | ||
Hotel/motel | Permitted | Permitted | |
Independent, assisted living, and nursing home | Permitted | ||
Therapeutic or agency-operated group home | Permitted | ||
Civic institutional | |||
Assembly | Permitted | ||
Hospital | Permitted | ||
Library/museum | Permitted | Permitted | |
Park | Permitted | Permitted | |
Police and fire | Permitted | Permitted | |
Post office | Permitted | Permitted | |
Education facilities | Permitted | Permitted | |
Retail | |||
Neighborhood retail | Permitted | Permitted | |
General retail | Permitted | ||
Large-scale retail | |||
Service | |||
Neighborhood personal services | Permitted | Permitted | |
Bar or tavern | Permitted | Permitted | |
Nightclub | Permitted | ||
Restaurant | Permitted | Permitted | |
General services | Permitted | Permitted | |
Arena | Permitted | ||
Day-care center | Permitted | ||
Vehicular service | |||
Office | |||
Neighborhood office | Permitted | Permitted | |
General office | Permitted | Permitted | |
Infrastructure | |||
Parking lot | Permitted | Permitted | |
Utility and infrastructure | Permitted | ||
Telecommunication antenna facility | Permitted | ||
LEGEND |
|---|
—: Not Permitted |
Permitted-U: Upper stories only |
Permitted: These elements are allowed, by right, as indicated. |
(2)
General provisions and organization. The uses are grouped into general categories, which may contain lists of additional uses or clusters of uses.
(a)
Number of uses. A parcel of land may contain more than one use.
(b)
Unlisted similar use. If a use is not listed, but is similar in nature and impact to a category of use permitted by right, the Code Enforcement Officer may interpret the use as permitted as if it were in that use category.
(3)
Accessory use or building. Accessory uses or buildings home occupations are subject to the standards detailed in the Town of Cicero Zoning Code.
(4)
Home occupations. Home occupations are subject to the standards detailed in the Town of Cicero Zoning Code.
(5)
Prohibited uses. The following are examples of uses prohibited anywhere within the Downtown Core and Hamlet Gateway Overlay Districts: animal boarding; boardinghouses; chemical manufacturing, storage, or distribution; any Commercial use in where patrons remain in their automobiles while receiving goods or services, gasoline/oil change automobile services; automobile sales and services, car washes, enameling, painting, or planting of materials, except artists' studios; kennels; the manufacture, storage, or disposal of hazardous waste materials; mini-storage warehouses; self-storage warehouses; outdoor advertising or billboards; packing houses; prisons or detention centers, except as accessory to a police station; drug and alcohol treatment and rehab centers; scrap yards; tire vulcanizing and retreading; vending machines, except within a Commercial building; uses providing goods or services of a predominately adult-only or sexual nature, such as adult book or video stores or sex shops; and other similar uses as determined by the Zoning Code Enforcement Officer.
B.
Residential uses: a category of uses that includes several residence types.
(1)
One-family dwelling: refer to Town of Cicero Zoning Code, Article II, Definitions.
(2)
Two-family dwelling: refer to Town of Cicero Zoning Code, Article II, Definitions.
(3)
Multiple-family dwelling: refer to Town of Cicero Zoning Code, Article II, Definitions.
(4)
Accessory family unit: a dwelling unit that is associated with and is incidental to another dwelling unit on the same Lot which serves as the Lot's principal use. The following standards apply:
(a)
Quantity: One per Lot is permitted.
(b)
Entrance: If a separate entrance exists, it shall not be located on the front Facade.
(c)
Location on the Lot: An accessory family unit may be located within the Principal Building or an accessory building.
C.
Lodging and housing uses: a category of uses that provides furnished rooms for temporary or permanent accommodations.
(1)
Bed-and-breakfast: an owner-occupied building originally built and used as a dwelling in which accommodations for transients are regularly offered for compensation and which accommodations include provision of at least one meal, and in which building no more than four bedrooms are utilized for such accommodations.
(2)
Hospice: A maximum of six patients are permitted.
(3)
Hotel/motel: a building containing rooms rented for living or sleeping accommodations for transient occupancy.
(4)
Independent, assisted living, and nursing home.
(5)
Therapeutic group home or agency-operated group home.
D.
Civic and institutional uses: a category that includes uses which focus on improving the quality of day-to-day community life by providing a location for assembly, discourse, worship, education, healing, and entertainment.
(1)
Assembly: a facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community in a public or private setting. Assembly includes such uses as a municipal building, community center, house of worship, and private clubs and lodges.
(2)
Hospital: a licensed institution providing medical care and health services to the community. These services may be located in one building or clustered in several buildings and typically include laboratories, in- and out-patient facilities, training facilities, medical offices, staff residences, food service, and gift shop.
(3)
Library/museum.
(4)
Park.
(5)
Police and fire.
(6)
Post office.
(7)
School.
E.
Retail uses: a category of uses that involves the selling of goods or merchandise to the general public for personal or household consumption.
(1)
Neighborhood retail: a retail use involving the small-scale sale of goods or merchandise to residents living within walking distance. A use in this category typically occupies an area of less than 5,000 square feet. Neighborhood retail includes such uses as:
(a)
Antique shop.
(b)
Apparel, shoe, and accessory store.
(c)
Art, craft, and education supplies.
(d)
Book, magazine, and newspaper store.
(e)
Camera and photo supply store.
(f)
Convenience store.
(g)
Drugstore/pharmacy.
(h)
Flower shop.
(i)
Gift, novelty, and souvenir shop.
(j)
Grocery store.
(k)
Hardware store.
(l)
Hobby and children toy shops.
(m)
Jewelry sales and repair.
(n)
Luggage and leather goods.
(o)
Specialty food market (bakery, butcher, candy/confections, fish market, produce, dairy, etc.).
(p)
Sporting goods sales and rental.
(q)
Music store.
(r)
Office supply.
(s)
Optical goods shop.
(t)
Pet grooming and supplies shop.
(u)
Tobacco shop.
(v)
Wine and liquor shop.
(2)
General retail: a retail use involving the sale of goods or merchandise to residents living in the community, many of whom will access the store by vehicle. A use in this category typically occupies an area between 5,000 square feet and 10,000 square feet. General retail includes such uses as:
(a)
Neighborhood retail uses.
(b)
Appliance and electric sales and service.
(c)
Computer software sales and leasing.
(d)
Department store.
(e)
Home furnishings and accessories sales and rentals.
(f)
Medical supply store and rental.
(g)
Vehicle supply shop (no service for any motorized vehicles).
(3)
Large-scale retail: a retail use involving the large-scale sale of goods to residents living within the region. These uses are almost exclusively accessed by automobile and therefore additional consideration should be given to parking and traffic issues when developing this use. The goods or merchandise sold may be of the same type or a variety of types and typically occupy an area greater than 10,000 square feet. This includes such uses as:
(a)
General retail uses.
(b)
Commercial equipment and supply: a retail use involving the large-scale sale of goods marketed primarily to Commercial or industrial businesses, but available to the general public. This use may include bulk sales, outdoor storage, and frequent Commercial vehicle and consumer traffic. Commercial equipment and supply include such uses as:
[1]
Building materials.
[2]
Machine sales and rental.
(c)
Outdoor sales lot: a retail use where a significant portion of the goods are stored displayed either temporarily or permanently outdoors. Outdoor sales lots include such uses as:
[1]
Sales and rental.
[2]
Farm supply and machinery sales.
[3]
Nursery and garden center.
[4]
Vehicle sales and rental.
F.
Service uses: a category of uses that provides patrons with services and limited retail products related to those services. Visibility and accessibility are important to these uses, as many customers do not utilize scheduled appointments.
(1)
Neighborhood personal service: a service use that offers daily conveniences to residents in adjacent neighborhoods. A use in this category typically occupies an area of less than 5,000 square feet and includes such uses as:
(a)
Arcade.
(b)
ATM or bank. An automated teller machine (computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel), located outdoors at a bank, or in another location. Includes banks. Does not include drive-up ATMs or check-cashing stores.
(c)
Bar or tavern: a business where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery ("brew-pub"), and other beverage-tasting facilities.
(d)
Barber shop, beauty salon, and spa.
(e)
Billiard hall.
(f)
Dry cleaning, laundry, and laundromat.
(g)
Fitness (including martial arts), dance studio, and gym.
(h)
Locksmith.
(i)
Mailing services.
(j)
Nightclub: a facility serving alcoholic beverages for on-site consumption, and providing entertainment, examples of which include live music and/or dancing, comedy, etc. Does not include adult-oriented businesses.
(k)
Photocopying and printing.
(l)
Photography studio and supplies (on-site processing permitted).
(m)
Restaurant (no drive-throughs).
(n)
Tailor, seamstress, or shoe repair.
(o)
Tanning salon.
(p)
Training center.
(q)
Travel agency and tour operator.
(2)
General services: a service use offering daily conveniences to residents living in the community. A use in this category typically occupies an area between 5,000 square feet and 10,000 square feet and includes such uses as:
(a)
Neighborhood personal services.
(b)
Amusement center.
(c)
Catering.
(d)
Funeral home.
(e)
Sales and repair of small goods and electronics.
(f)
Theatre.
(3)
Arena: a large facility, partly or completely surrounded by tiers of seats of spectators, that is used for sporting events or other assembly purposes.
(4)
Day-care center: a premises licensed by the State of New York and receiving more than eight children for care during all or part of a day or night, not including the children of the operator of the day-care center.
(5)
Vehicular service: a business involving the servicing of vehicles and/or the storage and distribution of gasoline. A convenience store may also be included as a secondary use, as well as the sales of propane and kerosene. Vehicular service includes such uses as:
(a)
Vehicular service station.
(b)
Automotive repair.
(c)
Car wash, automatic or self-service.
(d)
Tire sales and mounting.
G.
Office uses: a category of uses for businesses that involves the transaction of affairs of a profession, service, industry, or government. Patrons of these businesses usually have set appointments or meeting times; the businesses do not typically rely on walk-in customers.
(1)
Neighborhood office: an office use that typically occupies an area of less than 5,000 square feet and involves 20 or fewer employees at a given location.
(2)
General office: an office use that typically occupies an area of greater than 5,000 square feet and more than 20 employees at a given location.
H.
Infrastructure uses:
(1)
Parking lot: a lot that is solely used for the temporary parking of vehicles.
(2)
Utility and infrastructure: land utilized for utility and infrastructure needs.
(3)
Telecommunication antenna facility: a use of land that includes buildings, cabinets, structures, and facilities, including generating and switching station, repeaters, antennas, transmitters, receivers, towers, and all other buildings and structures relating to low-power mobile voice transmission, data transmission, video transmission and radio transmission, or wireless transmission.
I.
Accessory uses and buildings. Accessory uses and buildings shall follow the standards of the existing Town of Cicero Zoning Code.
§ 210-86 Frontage Types.
This section identifies Frontage Types for the overlay districts. A "Frontage Type" refers to a Principal Building's front Facade and the area between the front Facade and public right-of-way. Table 210-86-1 below indicates, by district, allowable Frontage Types.
Table 210-86-1: Frontage Type Descriptions  |
§ 210-87 Lot and building standards.
This section consists of regulations controlling Lot dimensions, Setbacks, building Height, and parking placement. In order to maintain the distinctive character of the hamlet, these regulations focus on how buildings relate to Brewerton Road and specifically how the Facades of buildings enclose and give form to the streetscape and other public areas. This type of regulation, based on the "form" of buildings, regulates land use using Frontage Types. Frontage Types applicable to the Brewerton Road Corridor are shown on Table 210-86-1. See Tables 210-87-1 and 210-87-2 in addition to the text below for Lot and building standards specific to each district.
A.
Building placement.
(1)
One Principal Building and one accessory building may be built on each Lot.
(2)
Facades shall be built parallel to a rectilinear Principal Frontage Line with a minimum Frontage build-out as specified on Tables 210-87-1 and 210-87-2.
(3)
In the case of an Infill Lot, Setbacks shall match one of the existing adjacent Setbacks. Build-to-Lines on Block Faces with existing buildings shall be established based upon the location of the existing building closest to the street, provided that such building complies with the Build-to-Line requirements of the district. If no existing buildings comply with the Build-to-Line requirements, the Code Enforcement Officer shall, in consultation with the applicant, establish a Build-to-Line for the Block Face.
(4)
Rear Setbacks for accessory buildings shall be a minimum of 12 feet measured from the center line of the Alley easement. In the absence of an Alley, the rear Setback shall be as shown on Tables 210-87-1 and 210-87-2.
(5)
Corner Lots shall be deemed to have two front yards with a Principal Frontage and a secondary Frontage. The Principal Frontage will include the Principal Entrance. Prescriptions for front yards pertain to both frontages of a corner Lot. [Intent: Buildings located on street corners should have Facades that relate to both streets. Buildings should use porches, sunrooms, bay windows, additional entries, and other elements typically used only on front Facades on both street-facing Facades.]
B.
Building Height.
(1)
Building Height shall be measured in number of Stories, excluding Attics and raised basements.
(2)
Stories may not exceed 14 feet in Height from finished floor to finished ceiling.
(3)
Height shall be measured to the eave or roof deck.
(4)
Maximum building Height for Infill buildings is limited to two Stories higher than the lowest adjacent Principal Building. [Intent: Infill structures should not be significantly shorter or taller than adjacent buildings. This ensures that the Height of new buildings reinforces and enhances the existing character of the streetscape.]
(5)
An accessory structure shall not exceed the Height of the Principal Building.
C.
Allowable Encroachments.
(1)
Entrance porticos, open porches, and stoops may Encroach the front yard or side yard 50% of its depth. [Intent: Encroachments allow open-air porches, stoops, and balconies to Encroach into street-facing Setbacks to provide a transition from the public realm of the street to the private realm of the building.]
(2)
Bay windows and other similar enclosed building elements may Encroach up to two feet in Setbacks, but not within four feet of the building corners.
(3)
Uncovered decks, balconies, and trellises may Encroach into Setbacks not deeper that eight feet and no closer that 18 inches from a Lot line.
(4)
Awnings, where permitted, may Encroach a sidewalk to within two feet of the Curb (or 10 feet maximum depth) but shall clear the sidewalk vertically by at least eight feet.
Table 210-87-1: Downtown Core (DC) Building and Lot Standards | |
|---|---|
 |  |
 | |
Table 210-87-2: Hamlet Gateway (HG) Building and Lot Standards | |
|---|---|
 |  |
 | |
§ 210-88 Parking standards.
This section contains parking provisions to ensure there is balance between the need for adequate parking and the need to minimize the harm to community character that can result from requiring too many parking spaces. This section also contains parking lot standards and guidelines to ensure the hamlet's character is maintained and enhanced. In general, the intent is to provide shade, minimize paving and associated stormwater runoff, and improve the aesthetic look of parking lots.
A.
Parking provisions.
(1)
All new development projects and those proposing additions of more than 10% to a structure's floor area shall provide parking as stated in Table 210-88-1.
Table 210-88-1: Parking Provisions | ||||||
|---|---|---|---|---|---|---|
Residential | Lodging | Other Use Categories | ||||
Studio Apartments | 1 Bedroom | 2+ Bedroom | ||||
Provision | ||||||
1 | Minimum required | 0.75 space per DU | 1 space per DU | 1.5 spaces per DU | 1 space per LU + additional required spaces* | 6 spaces per 1,000 square feet gross floor area |
2 | Maximum allowed | 1.5 spaces per DU | 2 spaces per DU | 3 spaces per DU | 1 space per LU + additional required spaces* | 6 spaces per 1,000 square feet gross floor area |
3 | Shared parking bonus | N/A | N/A | N/A | 1 shared space = 2 spaces towards minimum requirements | 1 shared space = 2 spaces towards minimum requirement |
4 | In-lieu fee | Permitted | Permitted | Permitted | Permitted | Permitted |
LEGEND: | |
|---|---|
DU: Dwelling unit | |
LU: Living or sleeping unit | |
Permitted: These elements are allowed by right, as indicated. | |
* | Additional spaces shall be required for accessory uses such as restaurants, shops, etc., as specified by this table. |
(2)
On-street parking, where permitted by the Town, along the adjacent frontage shall be counted toward the parking requirements.
(3)
Required off-street parking requirements may be satisfied in one or more of the following ways:
(a)
Parking on the premises, in allowed areas only, with access from an Alley if available.
(b)
Parking in spaces within 750 feet of the premises that are owned or controlled by the owner or operator of the establishment, or available on leased or shared-use basis, provided that adequate proof of such lease or shared use is submitted.
(c)
Dedication of the rear portion of a Lot to the Town for municipal parking purposes, where such rear land can be combined with continuous rear land to create usable municipal parking lots. In such cases, land dedicated for parking shall not be treated as part of the original Lot for purposes of calculating minimum Lot size. Payment of a parking space fee as provided in Subsection C below.
B.
Shared access requirements.
(1)
Intent: to provide appropriate vehicular access to development in the Brewerton Road Corridor while minimizing its impact on pedestrian circulation and overall aesthetics of the Corridor.
(2)
Applicability. The following standard applies to all development along the Brewerton Road Corridor.
(3)
Shared access. When possible, adjacent developments should share points of access to minimize the number of access points. Shared access provisions must be set forth in a declaration of easement in a form approved by the Town.
C.
Parking space fee in lieu of parking provisions.
(1)
Intent. The Town Board of Cicero recognizes that the provision of parking is a public function which benefits both the general public and the business community. While the need for parking is created by individual business establishments, the provision of parking is most efficiently accomplished by using municipal parking facilities for the mutual benefit of all businesses and their patrons. Since many businesses are located on parcels that are too small or otherwise inappropriate for on-site parking, the Town Board wishes to enable them to satisfy their parking requirements by providing off-premises municipal parking as an alternative to on-site parking. As the primary beneficiaries of public parking, these businesses shall contribute to the costs of establishing such parking facilities.
(2)
Applicability. The owner or operator of any nonresidential use may, in lieu of providing required on-site or off-site parking spaces, pay a parking space fee in an amount to be established and revised as necessary by the Town Board. Such fee shall cover the costs of acquiring land, site preparation, construction, surfacing, and striping of new municipal parking lots as well as the administrative, legal, engineering, surveying, financing, and other costs associated with such acquisition and construction. Upon payment, parking space fees shall constitute a trust fund to be used exclusively for the acquisition, construction, management, and maintenance of parking lots in the Hamlet of Brewerton, Town of Cicero.
D.
Parking lot construction standards.
(1)
See also parking placement and access regulations for each overlay district (Tables 210-87-1 and 210-87-2).
(2)
See Table 210-88-2 for parking space dimensional requirements.
Table 210-88-2: Parking Space Dimensions | |||||
|---|---|---|---|---|---|
Angle | Space Width (feet) | Space Depth* | Space Length (feet) | One-Way Aisle Width (feet) | Two-Way Aisle Width (feet) |
Parallel | 8 | 8' | 20 | 12 | 22 |
30°* | 9 | 18' | 20 | 12 | N/A |
45°* | 9 | 20'6" | 20 | 14 | N/A |
60°* | 9 | 22' | 20 | 18 | N/A |
Perpendicular | 9 | 18' | 18 | 24 | 22 |
* | Measured perpendicular to aisle |
(3)
Parking lot stormwater shall be collected on site and discharged at a rate approved by the Town Engineer.
(4)
Universal accessible vehicle parking shall be provided as necessary to meet the requirements of the Americans with Disabilities Act.
(5)
Parking shall be accessed by Alleys or secondary Frontage when possible.
(6)
Parking lots that Encroach the front yard or side yard shall be masked from the Frontage by a building, wall, continuous hedge, or fence between 3.5 feet and 4.5 feet in height. A wall, continuous hedge, or fence shall have openings no longer than necessary to allow automobile and pedestrian access.
(7)
Parking lots shall be buffered from adjacent development with landscaping, utilizing shrubs, hedges and/or trees.
(8)
One bicycle parking or storage space shall be provided for every 15 off-street vehicular parking spaces.
E.
Parking lot construction guidelines.
(1)
Wherever feasible, Shared Parking or the use of public parking lots is encouraged.
(2)
The main pedestrian route from a parking lot to a building entrance should be easily recognizable, accessible, and demarcated by special paving or landscaping, such as a shaded promenade, trellis, or ornamental planting.
(3)
Granite curbing is preferred, with the exception of the integral concrete curbing where adjacent to sidewalks.
(4)
Parking lots should utilize permeable paving and biofiltration swales wherever possible.
F.
Parking lot lighting standards.
(1)
The exterior lighting fixture standard for parking lots shall be a minimum twelve-foot and maximum eighteen-foot-high pole.
(2)
Parking lot lighting fixtures shall be of the cutoff type to prevent light from being emitted above a horizontal line relative to the point of light source.
G.
Parking lot lighting guidelines.
(1)
All light poles, standards and fixtures should be compatible with the architectural theme of the building and/or facility they are intended to service.
(2)
The light source should be metal halide or an energy efficient white light lamp.
(3)
Whenever possible, light fixtures should be located at landscaped parking lot medians or islands. Lighting and planting plans should be coordinated to avoid light pole and tree conflicts.
H.
Parking lot landscaping standards. There are no parking lot landscaping standards.
I.
Parking lot landscaping guidelines.
(1)
Landscape islands should occur at the terminal ends of any freestanding rows or bays of parking. Freestanding rows or bays of parking are those that are not abutting the parking lot perimeter, and can have a single or double row of parking. See Illustration 210-88-1.
 Illustration 210-88-1: Parking Lot Landscape Requirements |
(2)
There should be no more than 11 continuous parking spaces in a row without a landscape island.
(3)
Landscape islands should be formed by a continuous granite or concrete Curb, with a ten-foot minimum width from back of Curb to back of Curb.
(4)
A minimum of one indigenous tree and a combination of shrubs and/or ground cover should be planted in each landscape island.
(5)
The minimum size shade tree should be four-inch caliper and 15 feet to 20 feet in height. Trees should have a minimum branching height of six feet.
(6)
Landscaping in parking lot interiors and at entries should not obstruct a driver's clear sight lines to oncoming traffic.
§ 210-89 Architectural standards and guidelines.
This section is intended to ensure that new, remodeled, expanded, and renovated buildings embody architectural characteristics that maintain desired human scale, rhythm, and characteristics of the Hamlet of Brewerton. These architectural regulations do not prescribe a particular style, but rather address specific building elements such as roofs, cladding, attachments, windows, and doors. They are based upon existing examples of architecture in the hamlet and expressed community preferences for preserving and extending the architectural character of the hamlet. The goal is to build on the best efforts of previous generations, while allowing for and encouraging creativity on the part of developers and designers. This is best accomplished when owners rely on the services of a qualified architect familiar with the historic and vernacular architectural character of the hamlet and other waterfront villages and hamlets in the Central New York region. For additions to and remodeling of the exterior of existing buildings, or where the standards in this section are inappropriate or unnecessarily burdensome, the Planning Board in the course of site plan review may waive them.
A.
Massing.
(1)
Massing standards. In the Downtown Core Overlay District, any building over 50 feet wide must be broken down to read as a series of buildings no wider than 50 feet each.
(2)
Massing guidelines. Franchise architecture is discouraged.
B.
Roofs.
(1)
Roof type and feature standards.
(a)
Flat roofs are permitted in the DC Overlay District only.
(b)
Mansard roof forms are not allowed.
(c)
Mechanical systems proposed for rooftops may exceed the maximum height requirements provided they are screened from view as seen from adjacent streets and set back from the building Facade.
(2)
Roof type and feature guidelines.
(a)
Flat roofs should be surrounded by a horizontal parapet wall no less than 30 inches higher than the highest point of the roof deck. Simple parapets with a stone or brick cap are allowed on rear and side elevations.
(b)
Flat roofs should incorporate a cornice into street-facing Frontages. The cornice should wrap a minimum of two feet around exterior corners.
(c)
Green roofs and rooftop gardens are encouraged on flat sections of a roof behind ornamented parapets, caps, or other cornice treatments in order to facilitate insulation and stormwater management, as well as add usable green space, or visual interest to the building.
(d)
Pitched roofs should be simple, symmetrical gable-end and hip configurations that are easy to construct, minimize cost, and allow for simple shedding of rainwater and snow. The use of fascias, dormers, and gables is encouraged to provide visual interest. All gables should be functional. Sloping roofs should ensure the fall of snow, ice or rain does not create a hazard for pedestrians.
(e)
The roof pitch of gable dormers should match the roof pitch of the main roof.
(f)
Accessory building roofs should match the Principal Building in terms of style, detailing, and materials. They should contribute expressive and interesting forms that complement and add to the overall character of the hamlet.
(3)
Roof material standards. Roof materials prohibited: white or blue shingles, single-ply rolled roofs on pitched roofs, corrugated sheet metal roofing (unless used as an accent roofing material), authentic or simulated terra cotta barrel tiles or concrete tile.
(4)
Roof material guidelines.
(a)
Roof materials should match or complement the existing context of the project area.
(b)
Desired roof materials that should be used include:
[1]
Asphalt shingles. Projects using asphalt shingles should use the highest quality Commercial-grade materials, and be provided with adequate trim elements. Lightweight asphalt shingles should not be used.
[2]
Wood shakes or shingles.
[3]
Sheet metal shingles, such as copper, zinc, and alloys.
[4]
Metal seam roofing. Finishes should be anodized, fluorocoated or painted. Copper, zinc, and other exposable metal roofs should be natural or oxidized.
[5]
Tar and gravel, composition, or elastomeric roofs (at flat roof locations). Light, reflective colors are recommended to minimize heat gain within the buildings. Roof surfaces utilizing these materials should be screened from view from adjacent buildings and sites by parapet walls.
C.
Cladding.
(1)
Cladding standards.
(a)
Metal, white brick, and "T-111" plywood siding are prohibited.
(b)
Except on side or rear walls, all forms of concrete block (including split face) are prohibited.
(2)
Cladding guidelines.
(a)
Materials used should be appropriate to the architectural style and building type. Authentic materials and methods of construction should be used to the degree possible. Where simulated materials are used for reasons of economy, they should be durable and closely match proportions, surface finishes, and colors of original materials.
(b)
No more than two wall materials should be visible on any exterior Facade, not counting foundation walls, columns, chimneys, and trim. If two wall materials are used, heavier-weighted materials (i.e., stone or brick) shall be located below lighter (i.e., wood, cementitious, etc.) with a horizontal joint. [Intent: Exterior wall materials should be used simply and with respect to their weight and characteristics. Masonry veneer should be treated as a load-bearing material and should not be used above siding.]
(c)
Vertical changes in material should only occur at inside corners.
(d)
Facades fronting more than one street should be equal in material.
(e)
Primary building cladding materials should be wood siding, cementitious siding (i.e., HardiPlank® equivalent or better), brick, and/or native stone (or synthetic equivalent). Use of vinyl on new construction is discouraged.
(f)
Foundations should be brick, stone, cast stone, or painted concrete.
(g)
Soffits should be continuous perforated wood or composite materials. Use of vinyl on new construction is discouraged.
(h)
Recommended trim materials include finished grade, painted, or stained wood. Bare lumber-grade wood, plywood, or vinyl are discouraged.
(i)
Balconies and porches visible from the street right-of-way should be built of wood, metal, or concrete. Pressure-treated lumber may be utilized for concealed structural members, and structures not visible from the street right-of-way. All exposed surfaces visible from the street right-of-way, including floor decks, stairs, railings, columns, brackets and any other structural and/or decorative roof support members, should be built with paint-grade finish lumber or metal. Porch stairs should have solid risers and sides enclosed with either solid wood construction or open lattice panels with maximum openings of four square inches.
D.
Awnings.
(1)
Awning standards.
(a)
Length. Awnings and canopies shall not exceed 20 feet in horizontal length and be centered within architectural elements, such as doors or columns. Awnings shall break at the vertical divisions of the structure (i.e., the break between the display windows and the entrance).
(b)
Mounting height. The bottom of Awnings and canopies shall be at least eight feet above grade or sidewalk, except in the case of a hanging valance which may be seven feet above grade or sidewalk.
(c)
The highest point of a storefront Awnings shall not be higher than the midpoint between the second-Story windowsills and the top of the first-floor storefront window or transom.
(d)
Illumination. Natural lighting only; backlit Awnings are prohibited.
(e)
Design. On multitenant Facades, Awning heights, projections and style of Awning shall be similar. Logo or tenant mark shall be limited to the valance of an Awning, or the front plane of the canopy.
(f)
Fabrication. Awnings and canopies shall be made of fire-resistant canvas. Metal, plastic, vinyl and Plexiglas Awnings are prohibited.
(g)
All ground floor Awnings and canopies or those that project into a public street right-of-way shall be retractable.
(h)
Fixed Awnings may be used above the ground floor provided that they project no more than four feet maximum.
(i)
Color shall be limited to three colors per building and shall be approved during site plan review.
(2)
Awning guidelines. The shape of Awnings should be designed to fit the building's architecture and relate to other Awnings that exist along the street. The cumulative effect of all of the Awnings along the street should be considered prior to adding a new one.
E.
Windows.
(1)
Window standards. The use of bronze-tinted or reflective glass is prohibited.
(2)
Window guidelines.
(a)
Windows located on the front or the street-facing Facade should be double-hung, single-hung, casement, or fixed windows. A maximum of two window types is recommended. The style of the windows shall match the associated building style.
(b)
The height of the window unit should be at least 1.5 times the width of the window unit for single-hung, double-hung, or casement windows.
(c)
Fixed windows should be limited to a maximum height and width of two feet.
(d)
Window muntins and grill patterns, if used, should be vertically proportioned.
(e)
Exterior windows on buildings clad in siding should be cased and not "picture framed." Casing, at a minimum, should include head casing, jamb casing, and a sill. Jamb and head casing should be a minimum of 3 1/2 inches. A sill shall extend the length of the bottom of the window unit and the jamb casing.
(f)
Residential window frames should be wood, vinyl-clad wood, aluminum-clad wood, or solid PVC, but all shall be indiscernible from wood at arm's length.
(g)
Ground-floor Shopfront windows should be single panes of glass not larger than six feet high by five feet wide.
(h)
Ground-floor Shopfront window frames should be wood, custom metalwork, extruded aluminum, or hollow steel frame.
(i)
Clear glass (providing a minimum of 88% light transmission) should be used on ground-floor windows. Tinted glass providing a minimum of 50% light transmission should be limited for use only in transoms and windows above the ground floor.
(3)
Shutter standards. Shutters shall be sized to match window openings and placed to appear operable.
(4)
Shutter guidelines.
(a)
Shutters should be louvered, paneled, or constructed of boards as appropriate to the style of the building.
(b)
Shutters should be wood, fiber cement, or solid PVC and shall be indiscernible from wood at arm's length.
F.
Doors.
(1)
Principal Entrance door standards. There are no Principal Entrance door standards.
(2)
Principal Entrance door guidelines.
(a)
To contribute to the public and pedestrian realm, building entrances should be prominent and easy to identify and be architecturally treated in a manner consistent with the building style.
(b)
Sliding doors and windows shall be prohibited along frontages, except to access porches serving residential or lodging uses on the second or higher Story.
(3)
Loading and service entrances standards. Service entrances shall not face Brewerton Road when a secondary street, Alley, or parking lot entrance location is possible. All service entrances and associated loading docks and storage areas shall be located to the side or rear of the building.
(4)
Loading and service entrances guidelines.
(a)
Loading and service entrances should not intrude upon the public view or interfere with pedestrian activities.
(b)
Portions of the building Facade containing service or truck doors visible from the public street right-of-way should be designed to include attractive and durable materials and be integrated into the architectural composition of the larger building Facade design. Architectural treatments, materials, and colors should be extended from building Facade areas into the Facade portion containing truck doors to avoid creating a gap in architectural expression and to maintain a high quality appearance.
(5)
Garage door standards. Doors within garage doors (i.e., 'man-ways') are prohibited along street-facing Facades.
(6)
Garage door guidelines.
(a)
Garage doors should face Alleys when available.
(b)
For residential garage doors at Mixed-Use buildings and for all Commercial-use garage entrance doors, single-car garage doors are strongly recommended to avoid projecting an automobile-dominated appearance to a public street right-of-way.
(c)
Where double-car-width doors are used, a width of 18 feet should not be exceeded.
G.
Color.
(1)
Color standards. Fluorescent or neon colors shall not be used on exterior building cladding materials.
(2)
Color guidelines.
(a)
Colors should be selected according to building style and historic precedent.
(b)
Colors should be compatible with other buildings in the surrounding area. Colors of adjacent buildings should be taken into consideration, especially where new structures are adjacent to historic buildings.
(c)
Typically, a storefront's palette should be no more than three colors; one base color, one trim color, and one accent color.
(d)
Trim and accent colors that contrast with the base color are encouraged. Specifically, darker base colors with white trim work well. However, lighter base colors can effectively be combined with dark trim colors. Bright colors with intense and bright hues (e.g., primary colors) are not recommended as Facade colors.
§ 210-90 Landscape and lighting standards and guidelines.
This section consists of landscape standards and guidelines and lighting guidelines. The intent of the landscape standards and guidelines is to ensure development of Private Frontages complements public areas in the hamlet, including street rights-of-way. Specifically, there are standards and guidelines for paving, walls, fencing, and the screening of utility and service areas. The lighting guidelines recommend exterior lighting device features that are compatible with the hamlet's character.
A.
General requirements.
(1)
Within the Brewerton Road Corridor, the following standards apply to landscaping vehicular areas, storage and refuse areas, and utility appurtenances.
(2)
Applicability. This section applies as follows within the overlay districts:
(a)
All new development.
(b)
Existing development when:
[1]
Any improvements to existing parking lots, loading facilities, and Driveways occur, including resurfacing, fencing, Curbs, walkways, and landscaping.
[2]
Alteration to an existing principal or accessory structure that results in a change of 15% or more in the structure's gross floor area.
[3]
A change in use or the intensity of a use on a Lot, such as increasing seating.
B.
Landscape: pavement standards.
(1)
Asphalt pavement use shall be limited to Driveways, parking areas, and loading areas.
(2)
Sidewalks in the public right-of-way shall be concrete.
C.
Landscape: pavement guidelines.
(1)
The grading of all paved areas and adjacent nonpaved areas, the selection of paving materials, and the design of drainage facilities should consider paving permeability and be configured to allow water runoff to percolate back into native soil to the degree possible.
(2)
Paved areas shall incorporate best management practices to control stormwater as outlined in the National Pollution Discharge Elimination System (NPDES) Guidelines.
D.
Landscape: frontage walls and fencing standards.
(1)
Chain link, barbed wire, and stockade fences are prohibited in any Frontage.
(2)
Fences in the front yard shall be 30 inches to 42 inches high.
(3)
Aboveground utility boxes, utility pedestals, and mechanical equipment shall not be located within the front yard. [Intent: Utilities should not dominate the front yard of a building. When possible, utilities should be located in areas that are hidden from the public street right-of-way by the sides and rears of buildings.]
E.
Landscape: frontage walls and fencing guidelines.
(1)
All walls should have a cap and base treatment.
(2)
Frontage walls may occur as garden walls, planter walls, seat walls, or low retaining walls.
(3)
All fences and walls should be built with attractive, durable materials that are compatible with the character of the hamlet.
(4)
Fence materials should be wood or metal in a cast-iron style.
(5)
For wood picket fences, a paint finish or vinyl coating should be applied.
(6)
Metal fences should be black or dark green.
(7)
Fences may be placed anywhere between six inches and two feet from a public sidewalk.
(8)
Picket fences should not have opacity greater than 60%.
(9)
Wood fences should to be painted white or coordinate with Principal Building palette.
F.
Landscape: utility and service area screening standards.
(1)
Utility, trash, recycling, food waste and service equipment, including satellite receiving dishes, transformers, and backflow devices, shall be located away from street rights-of-way and enclosed or screened from view by landscaping, fencing or other architectural means.
(2)
Trash facilities and recycling containers shall be located within opaque structural enclosures.
G.
Landscape: utility and service area screening guidelines.
(1)
Large private mechanical equipment. Private mechanical equipment visible from the street right-of-way, which is equal to or greater than three feet in height, and is equal to or greater than six feet in any one direction, should be fenced with opaque wood or brick-faced masonry on all sides facing the right-of-way.
(2)
Small private mechanical equipment. Private mechanical equipment visible from the street right-of-way smaller than three feet in height should have landscape screening and a shrub bed containing shrubs spaced no more than 36 inches on center.
H.
Landscape: plant material standards. There are no plant material standards.
I.
Landscape: plant material guidelines.
(1)
Plant materials should always be incorporated into new development site design to provide "softening" of hard paving and building surfaces.
(2)
Mature, existing trees should be preserved whenever possible.
(3)
Trees should be placed to maximize climate benefits and energy savings.
(4)
Deciduous trees should be located on the west and southwest sides of buildings to allow sunlight to reach the building Facade during winter months, and to provide shade during summer months.
(5)
Plant and landscape materials should be selected from native species as well as non-native/noninvasive species that are well adapted to the climatic conditions of the hamlet. They should be resistant to local parasites and plant diseases.
(6)
Tree sizes should be suitable to Lot size, the scale of adjacent structures, and the proximity to utility lines.
(7)
Both seasonal and year-round flowering shrubs and trees should be used where they can be most appreciated — adjacent to walks and recreational areas, or as a frame for building entrances and stairs.
(8)
In general, deciduous trees with open branching structures are recommended to ensure visibility to retail establishments. More substantial shade trees are recommended in front of private residences.
(9)
Evergreen shrubs and trees should be used for screening along rear property lines, around trash/recycling areas and mechanical equipment.
J.
Lighting: design standards. New area lighting fixtures should be of the cutoff type to prevent light from being emitted above a horizontal line relative to the point of light source. Exceptions may be made for uplit trees and architectural lighting.
K.
Lighting: design guidelines.
(1)
Pedestrian-oriented areas, including walkways and paths, should be illuminated to increase safety.
(2)
All on-site and building-mounted lighting fixture design should be architecturally compatible with the building design.
(3)
Commercial buildings and landscaping can be illuminated indirectly by concealing light features within buildings and landscaping to highlight attractive features and avoid intrusion into neighboring properties.
L.
Lighting: material and color guidelines.
(1)
Color and finish of lighting metalwork should match that of other site furnishings, and/or of the building's metalwork or trim work.
(2)
A chemically compatible UV-protectant clear coat over paint or powder coat on metalwork is recommended for prevention of fading colors.
(3)
Color of lighting source types in pedestrian-intensive areas should be warm white; energy efficient source types such as metal halide, induction lighting, compact fluorescent, and light-emitting diode (LED) are strongly encouraged.
M.
Lighting: luminaire type guidelines.
(1)
New fixtures should use a reflector and/or a refractor system for efficient distribution of light and reduction of glare.
(2)
New fixtures should not cause glare or transmit it to upper stories of buildings. House-side shields and internal reflector caps should be used to block light from illuminating residential windows.
N.
Lighting: height guidelines.
(1)
For building-mounted lights, maximum mounting height should be approximately 12 feet above finished grade.
(2)
For pole-mounted lighting at walkways and entry areas, a pedestrian-height fixture eight feet to 12 feet in height from grade to light source should be used.
(3)
In general, height of light sources should be kept low to maintain pedestrian scale and prevent spill light from impacting adjacent properties.
O.
Lighting: uplighting guidelines.
(1)
Building Facade uplighting, roof "wash" lighting, and landscape uplighting should be operated on timers that turn off illumination entirely after 2:00 a.m. nightly.
(2)
Shielding and careful placement should be used to prevent spill light from being visible to pedestrians, motorists, and nearby residential dwelling windows.
(3)
Adjacent to single-family homes, a combination of lower mounting height and luminaire shields should be used to protect residences from spill light and glare.
(4)
Illumination levels of Facade uplighting, roof wash lighting and landscape uplighting should use lower brightness levels where the illuminated Facades, roofs or landscaping face residential buildings.
§ 210-91 Signage standards.
A.
General requirements.
(1)
Intent. This section seeks to enhance the economy and aesthetic appeal of the Brewerton Road Corridor through the reasonable, orderly, and effective display of signage.
(2)
Applicability. This section applies as follows within the Brewerton Road Corridor:
(a)
All new development.
(b)
Existing development, including:
[1]
All proposed new signs.
[2]
When improvements to an existing sign occur, including a change in location or in the type of signage.
(3)
General provisions. The following provisions are applicable to the overlay districts:
(a)
The total area of signage for one Lot shall not exceed one square foot for each foot of lineal building frontage. In all cases, individual signs are limited in square footage, as described in the standards below.
(b)
No sign shall be attached to any roof or mansard Facade.
(c)
No freestanding sign, projecting building sign, marquee sign, or any other sign or lighting device shall be erected on any municipal property or right-of-way.
(d)
A fixed or adhered advertising display upon any vehicle located on the property and visible from a public right-of-way shall be regarded as a sign subject to this article unless the vehicle is licensed, operable and regularly used in the normal course of the business.
(e)
Prohibited signs and conditions:
[1]
Backlit or internally illuminated Awnings.
[2]
Translucent (backlit) plastic sign faces (Downtown Core District only).
[3]
Signs on rocks, trees and other parts of the natural landscape.
[4]
Digital/electronic or changeable letter signs.
[5]
Signs with sequin-studded lettering or lettering with fluorescent paint.
[6]
Billboard signs.
[7]
Sandwich board signs.
(4)
Nonconforming signs. Refer to § 210-92, for general provisions applicable to all signs in the Brewerton Downtown Core and Hamlet Gateway District.
(5)
Illumination. All signs shall be illuminated according to the following provisions unless otherwise stated:
(a)
Signs shall be illuminated only by steady, stationary light sources directed solely at the sign or internal to it.
(b)
Individual letters or logos may be internally illuminated; no other portion of the sign shall be internally illuminated.
(c)
Exposed, reflective bulbs, fluorescent, incandescent, or strobe lights shall not illuminate signs.
(d)
Window signs may not be internally illuminated except for neon or similar illuminated window signs.
(6)
Computation. The following standards generally apply to computing the area of signs by type and by building Lot:
(a)
Exempt and temporary signs are not included in the maximum signage area calculations, unless otherwise specified.
(b)
Height for freestanding signs is measured from the average grade at the Frontage Line to the top of the sign, sign cabinet, or cap, whichever is highest.
(c)
Supportive elements (i.e., columns, posts, foundations, finials, etc.) for monument signs are not included in the computation of total signage square footage.
(d)
For the purposes of determining area, Lot Width or frontage is measured along the Frontage Line.
[1]
If the Lot is a corner Lot, the width shall be measured along the longer of the two front yards.
[2]
Building frontage is the width of the front Facade of a building.
(7)
Fabrication techniques.
(a)
Exposed conduit, tubing, or raceways are prohibited on new buildings.
(b)
All conductors, transformers, ballasts, and other equipment shall be concealed.
(c)
All attachment hardware, bolts, and clips shall be of corrosion-resistant materials to prevent staining of building surfaces.
(d)
Formed plastic, injection-molded, or easily damaged signage materials are prohibited.
(e)
Location of all openings for conduit and sleeves in sign panels of building shall be indicated by the sign contractor on drawings submitted to the Town.
(f)
Installation shall be in accordance with the approved drawings.
(g)
No sign-makers' labels or other identification will be permitted on the exposed surface of signs.
B.
Flush-mounted signage. Flush-mounted signage consists of letters or marks mounted parallel to the building's Facade that are either mounted as individual letters, or contained in a sign panel. The following standards shall apply:
(1)
Number of signs: one per tenant per street front. Where a corner storefront faces both a street and a parking lot, a second sign is permitted to face the parking lot (corner lots).
(2)
Mounting height: twenty-foot maximum, provided it is below the sill line of the second floor windows or the lowest point of the Facade, whichever is less. A flush-mounted sign is permitted to exceed this height limit if the following condition exists:
(a)
Where there is a second floor Commercial occupant that does not also occupy the first floor. All signs must be located below the cornice line, or, in the case of a flat roof, below the roof parapet.
(3)
Depth of sign. Wall signs must not project more than 12 inches from the building wall.
(4)
Method of illumination shall include:
(a)
Natural lighting;
(b)
External spot or flood lighting; it from above or below; or
(c)
Halo-lit or backlit letters.
C.
Suspended signage. Suspended signage consists of letters or mark applied to a panel, hung from the underside of a canopy. The following standards shall apply:
(1)
Size: less than or equal to the distance of a canopy at a usable entry, or less than or equal to half the distance of the canopy for nonentry applications.
(2)
Number of signs: two single-sided panels in the case of a usable entry; one double-sided panel per ground level occupant at beginning of occupied frontage for building attachment.
(3)
Mounting height: topmost extension of sign to be less than or equal to six inches of overhang, bottom may not have less than 10 feet of vertical clearance above grade or sidewalk.
D.
Blade and shingle signage. A blade sign is typically mounted perpendicular to the building Facade using a rigid mounting bracket. A shingle sign is mounted perpendicular to a building's Facade, is typically suspended beneath an armature, and is able to swing from the axis of the pole. The following standards shall apply:
(1)
Maximum area of sign: 12 square feet.
(2)
Number of signs: one per ground floor establishment, plus one for any public building entrance not serving a ground floor establishment. All signs shall be centered within architectural elements.
(3)
Mounting height: twenty-foot maximum provided it is below the sill line of the second floor windows or the lowest point of the roof, whichever is less, and does not have less than seven feet of vertical clearance above grade or sidewalk.
E.
Banner signage. Banner signage consists of fabric or rigid material mounted with use of poles, typically oriented perpendicular to structure Facade.
(1)
Area of banner: less than or equal to 25 square feet.
(2)
Banners shall be spaced no closer than 20 feet apart, and centered within architectural elements.
(3)
Projection. Banners shall not project more than three feet into the public right-of-way.
(4)
Mounting height. Bottom of banners shall be mounted at least 14 feet above grade or sidewalk to avoid intrusion into blade sign or Awning zone, and not to extend beyond the third Story of the structure.
(5)
Only one banner sign is permitted per property.
F.
Monument signs. A monument sign is freestanding and not pole-mounted.
(1)
Monument signs existing as of (the adoption date) may be replaced. The replacement sign must be a monument sign with a maximum height of eight feet.
(2)
Maximum area per sign panel face is 24 square feet.
(3)
The sign shall be set back 10 feet from Driveways and side property lines; five feet from front and corner side property lines.
(4)
One monument sign is allowed per Lot.
(5)
Materials shall consist of wood, wood substitute, metal, and/or masonry.
G.
Pole-mounted signs. A pole-mounted sign is freestanding and may be mounted on a double set of poles, a single pole, or hanging from a single pole.
(1)
Maximum height is six feet.
(2)
Maximum area per sign face is 18 square feet.
(3)
The sign shall be set back 10 feet from Driveways and side property lines; two feet from front and corner side property lines. Pole-mounted signs cannot overhang property lines.
(4)
One pole-mounted sign is allowed per Lot.
H.
Wall plaques. Wall plaques are small, pedestrian-oriented informative signs that may convey information such as hours of operation or take the form of directories, menu cases, or convey historical building information. The following standards shall apply:
(1)
Area of sign: up to six square feet in area, not projecting more than three inches from a building wall.
(2)
Number of signs: two per usable entry.
(3)
Mounting height: five feet on center above grade or sidewalk.
(4)
Illumination: natural lighting only is permitted, except for menu cases, which may be internally lit.
I.
Street address plaque. This is a plaque mounted to the side of building at pedestrian level, or dimensional letters mounted above a door conveying at the minimum the numerical street address of the building. The following standards shall apply:
(1)
Area of sign: less than or equal to three square feet in area.
(2)
Number of signs: minimum of one located at the main entry to the building.
(3)
Mounting height: five feet on center for wall-mounted, horizontally centered above door(s), or on the sides of a canopy. Numerals mounted overhead shall be no less than eight inches.
(4)
Illumination: natural lighting only is permitted, except for halo-lit or backlit letters.
(5)
Does not count toward total square footage.
J.
Permanent storefront window graphics. These are permanent window graphics with the tenant's mark or hours of operation. The following standards shall apply:
(1)
Area. Window signs shall not obscure the interior view of a retail establishment, and shall be no greater than 10% of the available window space.
(2)
Does not count toward total square footage.
§ 210-92 Nonconforming uses and structures.
A.
Purpose.
(1)
The purpose of this section is to establish rules that apply to uses and structures initiated legally under previous land use regulations but that no longer comply with this article. There are three types of nonconformity: nonconforming uses, nonconforming structures, and nonconforming Lots. In any given situation, more than one of these types of nonconformity may apply to a particular land use or structure, in which case the applicable rules for each type of nonconformity must all be followed.
(2)
The zoning districts established by this article are designed to guide the future use of the hamlet's land by encouraging the development of desirable Mixed-Use areas with appropriate groupings of compatible and related uses while simultaneously promoting and protecting the public health, safety and general welfare.
(3)
The continued existence of nonconformities is frequently inconsistent with the Brewerton Strategic Revitalization Plan and thus the gradual elimination of such nonconformities is desirable. Other nonconformities may continue to exist and may afford adaptive reuse opportunities that can contribute to neighborhood character, diversity and services.
(4)
The regulations of this section are intended to restrict further investments that would make nonconformities more permanent in their location as well as to afford opportunities for creative use and reuse of those other nonconformities that may ultimately contribute to a neighborhood and are consistent with the goals of the Brewerton Strategic Revitalization Plan.
B.
Nonconforming uses.
(1)
Continuance. Any lawfully existing nonconforming use may be continued unless it is prohibited elsewhere in this article or by other applicable law, rule or regulation, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed in accordance with all applicable laws, rules, codes and standards.
(2)
Structural alteration or enlargement. No structure shall be structurally altered or enlarged unless the structure shall thereafter conform to the regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased by reason of such alteration or enlargement.
(3)
Damage or destruction.
(a)
When a structure is damaged or destroyed by any means, to the extent of more than 50% of the cost of replacement of the structure new, the structure shall not be restored unless its use thereafter conforms with the regulations set forth in this article as well as all other applicable laws, rules, codes and standards. No parking, yard, space or bulk nonconformity may be created or increased by reason of such replacement.
(b)
When a structure is damaged or destroyed by any means to the extent of 50% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that:
[1]
No parking, yard, space or bulk nonconformity is created or increased by reason of such repair or restoration;
[2]
A building permit is obtained and restoration is actually begun within six months after the date of such partial damage or destruction, unless extended by a Code Enforcement Officer for good cause, and is diligently pursued to completion.
(c)
In no event shall any damage or destruction to such a structure by any means within the control of the owner be repaired or restored, except in accordance with this article.
(4)
Moving. No nonconforming structure or use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other Lot, unless the entire structure and/or use conforms to all regulations of the zoning district in which it is located after being so moved.
(5)
Expansion of use. No nonconforming use shall be expanded, enlarged or increased in intensity. Such prohibited activity shall include, but shall not be limited to:
(a)
Expansion of such nonconforming use to any structure or land area other than that occupied by such nonconforming use on the effective date of this article, or any amendment hereto, which causes such use to become nonconforming.
(b)
Expansion of such nonconforming use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this article, or any amendment hereto, which causes such use to become nonconforming.
(c)
An extension of the hours of operation of such use beyond the existing hours of operation at the adoption of this article.
(6)
Change in use.
(a)
A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
(b)
Once changed to a permitted use or to a more restrictive use in accordance with Subsection B(6)(a) above, the use shall not be changed back to the prior nonconforming use. The use is changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.
(7)
Abandonment or discontinuance.
(a)
When the active operation of all or a portion of a nonconforming use is discontinued or abandoned for a period of six consecutive months, regardless of any intent to resume or not to abandon the use, the use or portion thereof shall not be reestablished or resumed. The active operation of a use shall be the typical or normal activities associated with the use. In the case of abandonment or discontinuance of all of a nonconforming use, any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such structure is located. In the case of abandonment or discontinuance of a portion of a nonconforming use, the remaining occupied portion of the nonconforming use may continue subject to the provisions of this subsection.
(b)
For the purpose of this section, the following circumstances, which shall not be exclusive, shall contribute towards evidence of discontinuance or abandonment of a use:
[1]
Failure to maintain regular business hours, typical or normal for the use (past operations of the use and/or industry standards may be used to determine typical or normal hours); or
[2]
Failure to maintain equipment, supplies or stock-in-trade, which would be used for the active operation of the use; or
[3]
Failure to maintain utilities which would be used for the active operation of the use; or
[4]
Failure to pay taxes, including, but not limited to, sales taxes, workers' compensation taxes, corporate taxes, etc., that would be required for the active operation of the use; or
[5]
Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use.
(c)
Prior to a determination by the Code Enforcement Officer, based upon evidence of any of the above circumstances or other relevant evidence that a nonconformity has been discontinued or abandoned, the owner or operator shall have the opportunity to apply for a certificate of nonconformity and, thereby, establish by relevant and credible evidence that the use has not been discontinued or abandoned.
(d)
The legality of one or more nonconforming uses located within a property shall not affect the determination that another nonconforming use on the same property has been discontinued or abandoned.
(e)
An owner or operator shall have the opportunity to submit any evidence or proof that the property and its use has not been discontinued or abandoned. The Code Enforcement Officer shall then issue a written determination based upon the evidence of any of the above circumstances or other relevant evidence that a nonconformity has continued, been discontinued or abandoned.
(8)
Nonconforming accessories uses, structures and signs.
(a)
No nonconforming use or structure that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated.
(b)
Signs which become nonconforming as a result of this article after its adoption shall be considered nonconforming uses under this article, and any increase in size, illumination, motion, or flashing of such signs shall be deemed to be an enlargement or extension producing an increase in nonconformity. Any nonconforming sign which is damaged or destroyed by fire or other casualty to an extent greater than 50% of the value of the sign as determined by the Code Enforcement Officer shall not be restored, reconstructed, or replaced except by a sign which conforms to this article. Nonconforming signs shall be brought into compliance with the provisions of this article within six months after its adoption.
C.
Nonconforming structures.
(1)
Continuance. Any lawfully existing nonconforming structure may be continued unless it is prohibited elsewhere in this article or by other applicable law, rule or regulation, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed in accordance with all applicable laws, rules, codes and standards.
(2)
Enlargement, repair or alterations. Any nonconforming structure may be enlarged, maintained, repaired or altered, provided that no additional nonconformity is created or the degree of the existing nonconformity is not increased.
(3)
Damage or destruction.
(a)
In the event that any part of a nonconforming structure which contributed to its nonconformity is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of said part new, such part shall not be restored unless it shall thereafter conform to the regulations of this article.
(b)
When any part of a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% or less of the cost of replacement of such part new, no repairs or restoration, except in conformity with the applicable zoning district regulations, shall be made unless a zoning certificate is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(4)
Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other Lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
D.
Nonconforming Lots of record.
(1)
In any district in which single-family dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this article, a single-family detached dwelling which complies with the yard, space and bulk requirements of the district in which it is located may be erected on a nonconforming Lot. This includes construction of a single-family dwelling on any Lot less than 50 feet in width, consisting entirely of one tract of land of not less than 5,000 square feet.
(2)
In any district in which single-family dwellings are prohibited, a nonconforming Lot of record may be used for any use permitted in the district in which it is located if site plan approval is granted in accordance with the provisions of this article.
E.
Approval standards for nonconforming uses or structures. The Planning Board may grant site plan approval for the construction, reconstruction, enlargement, extension, moving and/or structural alteration of buildings and structures on a Lot having existing site development which fails to conform to the standards of this article if the Planning Board finds that the following standards are met:
(1)
The proposed construction will result in a general improvement of the Lot with regard to safe access, sight lines along the street, suitable drainage, architectural quality, and adequate landscaping; and
(2)
Nonconforming signs and lighting will be brought into a conforming or more nearly conforming condition; and
(3)
Landscaping will be improved within the required Setback area adjoining a residential district boundary line; and
(4)
There will be no increase in any nonconformity.
§ 210-93 Article definitions.
Definitions. These definitions are specific to the regulations outlined for the Brewerton Road Corridor and are in addition to the definitions included in the Town of Cicero Zoning Codes, § 210-4, Definitions and word usage. The defined terms will appear with the first letter(s) capitalized throughout the article.
ALLEY
A vehicular way at the rear or between two Lots provided for service and/or parking access.
ATTIC
The area within the slope of a roof. An inhabited Attic shall not be considered a Story for purposes of determining building Height.
AWNING
Roof-like structures, above storefront windows or entries, sometimes containing a mark or signature of a tenant.
BLOCK
The aggregate of Lots and Alleys, circumscribed by streets.
BLOCK FACE
The building Facades on one side of a Block. The Block Face provides the context for establishing streetscape continuity and architectural harmony.
BUILD-TO-LINE (BTL)
A line stated as a Setback dimension, along which a building Facade must be placed.
 Build-to-Line |
CIVIC
A term defining not-for-profit organizations dedicated to arts, culture, education, religious activities, government, transit, municipal parking facilities and clubs.
COMMERCIAL
A term defining workplace, office and retail use collectively.
CURB
The edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system.
DRIVEWAY
A vehicular lane within a Lot, often leading to a garage.
ENCROACH
To break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit.
ENCROACHMENT
Any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit.
FACADE
The exterior wall of a building that is set along a Frontage Line.
FRONTAGE LINE
The property lines of a Lot fronting a street or other public way, or a park or green.
FRONTAGE TYPE
See Frontage Type standards, § 210-86.
FRONT PORCH
A roofed structure, that is not enclosed, attached to the Facade of a building.
HEIGHT
A limit to the vertical extent of a building that is measured in number of stories. Height limits do not apply to masts, belfries, clock towers, chimney flues, water tanks, elevator bulkheads, and similar structures, which may be of any height approved by the Zoning Code Enforcement Officer.
INFILL
(Noun) New development on land that had been previously developed, including most Greyfield and Brownfield sites and cleared land within the regulating plan area. (Verb) To develop such areas.
LOT
A parcel of land accommodating a building or buildings of unified design.
LOT WIDTH
The dimension of a Lot measured along the Frontage Line.
MIXED USE
Multiple functions within the same building or the same general area through superimposition or within the same area through adjacency.
PRINCIPAL BUILDING
The main building on a Lot, usually located toward the Frontage.
PRINCIPAL ENTRANCE
The main point of access for pedestrians into a building.
PRINCIPAL FRONTAGE
On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot Width.
PRIVATE FRONTAGE
The privately held front yard between the Frontage Line and the Principal Building Facade.
REGULATING PLAN
A plan that identifies the districts and the standards by which a Lot may be developed.
SETBACK
The required minimum distance between a property line and a building or appurtenance.
SHARED PARKING
Any parking spaces assigned to more than one use, where persons utilizing the spaces are unlikely to need the spaces at the same time of day.
SHOPFRONT
The portion of a building at the ground floor that is made available for retail or other Commercial use. Shopfronts shall be directly accessible from the sidewalk.
STORY
A habitable floor level within a building, typically eight feet by 14 feet high from floor to ceiling.
ZONING CODE OR ZONING ORDINANCE
The Town of Cicero Zoning Code.