Cicero Town City Zoning Code
ARTICLE XVI
Waterfront Overlay District WOD
[Added 3-26-2025 by L.L. No. 3-2025]
§ 210-111 Purpose.
The Town recognizes the role of Oneida Lake as one of the Town's most significant assets, as well as its role in the character of the community. The purpose of the WOD is to protect and reinforce the identity of Cicero as a lakefront community by encouraging high quality building and site design and accommodating visual and physical access to the waterfront. The WOD shall achieve the following objectives:
A.
Provide public access to the Oneida Lakeshore;
B.
Accommodate higher density housing options;
C.
Respect the existing lakefront residential character;
D.
Encourage a mix of commercial and residential uses;
E.
Promote high quality development;
F.
Preserve viewsheds to the water;
G.
Protect water quality; and
H.
Conserve natural resources along the lakeshore.
§ 210-112 Applicability.
A.
All parcels within the defined boundaries of the WOD as shown on the Waterfront Overlay District Map included as an attachment to this article.[1]
[1]
Editor's Note: The Waterfront Overlay District Map is included as an attachment to this chapter.
B.
These regulations shall be in addition to all other existing regulations of the Town, as applicable. In the event of conflict between a provision of this article and any other provision of the zoning code, the WOD District regulations shall take precedence.
C.
Where the requirements of this article conflict with the requirements of Article XV (Design Standards), the more stringent requirement shall apply.
D.
The requirements of this article shall not apply to any existing single-family structure or lot.
§ 210-113 Definitions.
In addition to the definitions in Article II of this chapter, the following definitions shall apply to Article XVI:
BAR or TAVERN
A business establishment licensed by the State of New York to serve alcoholic beverages and which establishment is designed primarily for the consumption of such alcoholic beverages on the premises, irrespective of whether or not food and/or entertainment are also provided as accessory uses.
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.
DWELLING UNIT, UPPER FLOOR
A dwelling unit located within a mixed-use or multi-story building on any floor other than the ground floor.
DWELLING, MULTI-FAMILY
A building designed or used as living quarters by three or more families living independently of each other within the same lot. May include apartment buildings, townhouses, or row houses.
GENERAL SERVICE
Refer to § 210-85F(2).
HOTEL or INN
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances. A hotel or inn may also include incidental uses such as conference rooms or banquet rooms.
MARINA
A facility for the berthing and fueling of all types of recreational watercraft.
NEIGHBORHOOD PERSONAL SERVICE
Refer to § 210-85F(1).
RETAIL USES
Refer to § 210-85E.
RETAIL, GENERAL
Refer to § 210-85E(2).
RETAIL, NEIGHBORHOOD
Refer to § 210-85E(1).
WATER-DEPENDENT USE
A use or activity that is water-oriented or provides water-related or enjoyment services to the public and derives economic benefit from direct access to the waterfront along which it is proposed. Water-oriented uses may include recreational, cultural, retail, or entertainment uses, such as a boatyard, marina, or dock.
§ 210-114 Reviews required.
Certain uses and actions allowable under this chapter may be subject to additional local development review and approval procedures. This may include, but is not limited to:
A.
Building permits and certificates of occupancy or compliance. As required by Chapter 68 (Building Construction and Fire Prevention) of the Town of Cicero Code.
B.
Special use permits. As required by the use table in § 210-115 of this article.
C.
Site plan review. All uses are required to obtain Site Plan Review approval in accordance with Article VII of this Chapter. Uses exempt from this requirement include:
(1)
New construction of single-family dwelling units;
(2)
Expansion or rehabilitation of existing structures; and
(3)
Simple subdivisions.
§ 210-115 Permitted uses.
A.
Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.
B.
Uses identified with a "SP" may be allowed with the issuance of a special use permit in accordance with Article XIV.
C.
Uses not listed are expressly prohibited.
D.
The following uses are permitted or specially permitted in addition to those permitted within the underlying District in which a property is located:
Land Use | WOD |
|---|---|
RESIDENTIAL | |
Multi-Family Dwelling, 3-4 units | SP |
Multi-Family Dwelling, 5 units or more | SP |
Upper Floor Dwelling Unit | SP |
COMMERCIAL | |
Bed and Breakfast | SP |
Hotel or Inn | SP |
Bar or Tavern | SP |
Restaurant | SP |
Upper Floor Offices | SP |
OTHER | |
Assembly | P |
Religious Institution | P |
Library/Museum | P |
Park | P |
Municipal Building or Use | P |
Water-Dependent Use (Marina, Dock, etc.)1 | SP |
ACCESSORY | |
Accessory Use or Structure | P |
Uses in Conjunction with Multi-Family Dwelling Units: | SP |
• Neighborhood Retail | |
• General Retail | |
• Neighborhood Personal Service | |
• General Service | |
• Restaurant | |
• Bar or Tavern | |
Office | |
Rooftop Dining Area2 | SP |
Outdoor Assembly or Seating Area | P |
Parking Area | P |
NOTES: | |
1 | Outdoor on-land storage of boats is not permitted on properties that abut the Oneida Lakeshore. |
2 | Permanently enclosed floor space or structures within rooftop dining areas shall not comprise more than half (50%) of the total floor area of the roof. |
§ 210-116 Dimensional requirements.
A.
Where a use is permitted in the underlying zoning district, the dimensional requirements established for the underlying zoning district shall apply.
B.
Where a use is permitted only within the WOD, the following dimensional requirements shall apply:
WOD | |
|---|---|
MIN LOT SIZE | |
Multi-Family Dwelling, 3-4 units | 30,000 sf |
Multi-Family Dwelling, 5 units or more | 5 acres |
Other Uses | 20,000 sf |
MIN LOT WIDTH | 100 ft |
MIN FRONT SETBACK | 30 ft |
MIN SIDE SETBACK | 15 ft |
MIN REAR SETBACK | 30 ft |
§ 210-117 Bulk Requirements.
WOD | |
|---|---|
MAX BUILDING HEIGHT/STORIES1 | |
Primary Structure(s) | 45 ft (3 stories) |
Accessory Structure(s) | 30 ft (2 stories) |
MAX LOT COVERAGE | |
Gross Impervious Surface | 60% |
NOTES: | |
1 | Building height shall be determined in feet, while the visual scale or appearance in height of the structure shall be determined in stories. |
§ 210-118 Lakefront viewshed protection.
A.
All sites within the Waterfront Overlay District shall be developed in such a way as to maximize view opportunities at the lake's edge and view corridors throughout the development.
B.
General requirements.
(1)
Site layout and design shall consider view corridors to the lakefront and any adjacent public open space.
(2)
Important views should be protected and enhanced to the maximum extent practicable.
(3)
To ensure visual access to the water, at least 30% of the shoreline on any given lot shall be contained within view corridors.
(4)
The minimum width of a view corridor shall be 25 feet.
(5)
No buildings, walls, or other opaque structures shall be permitted within view corridors. Non-opaque structural elements such as gazebos, pergolas, bandshells or open market or festival stalls are permitted within view corridors.
C.
Site plan review materials. The reviewing body may require the applicant to provide information which will allow an adequate review of the potential impact of the development on the scenic resources of the area.
(1)
Information that may be requested may include:
(a)
Photographs of all existing scenic vistas at the site.
(b)
Schematic plans and sections clearly showing the impact that development will have on the scenic vistas.
(c)
Elevations or perspective sketches showing the proposed development and its impact on views to the lake from surrounding public open space and/or public rights-of-way.
(2)
Based on the findings of the visual assessment, the reviewing body may limit the height or length of any proposed structure and may recommend changes in the arrangements of buildings if in its determination the proposed limitations or changes will protect or enhance the visual character.
§ 210-119 Vegetated riparian buffer.
A.
Riparian buffer areas shall be maintained with a natural vegetation strip on each parcel or lot along the lakeshore.
B.
No structures shall be permitted within the vegetation strip, with the exception of docks, boat ramps, bulkhead, pump houses, utilities, previous walkways, elevated walkways, and private beaches which provide the property owner with reasonable access to the water. Park-related furnishings (benches, picnic tables, pavilions, refuse containers, etc.) and vehicular parking areas shall be permitted, if associated with public recreation areas or public access to the river.
C.
The Code Enforcement Officer may allow limited clearing of the vegetation/buffer strips under the following circumstances:
(1)
When required for the construction of a permitted building or structure outside the vegetation strip. Vegetated areas shall be reestablished upon completion of construction.
(2)
Individual trees within the vegetation/buffer strip areas are diseased or are in danger of falling, causing damage to dwellings or other structures.
D.
No potentially polluting material, including but not limited to lawn clippings, leaves, garbage, refuse containers, junk cars, junk appliances, or toxic materials, may be dumped or stored within the natural vegetation strip.
§ 210-119.1 Public amenities.
A.
The Planning Board, as a part of Site Plan Review, may require the creation of public amenities, provided such designation is determined to be:
(1)
Consistent with the Town's adopted plans and studies with respect to improving public use of and access to green spaces, recreational areas, trails, and the waterfront; and
(2)
A significant benefit to the health, safety, and general welfare of the public, relative to the burden placed upon the property owner and/or developer in preserving, maintaining, and/or programming such areas.
B.
Such public amenities may include but are not limited to:
(1)
Public pedestrian and/or vehicular access to the waterfront and to water-dependent uses.
(2)
Publicly accessible waterfront promenades.
(3)
Pedestrian linkages between contiguous uses.
(4)
Publicly accessible open space and recreational facilities, particularly on or close to the lakefront.
(5)
Public gathering spaces such as a pedestrian plaza, courtyard, square, pocket park, or other such configuration integrated into the development and designed as a local point.
(6)
Boat launches, either hand launch or hard surface launch, with at least five parking spaces.
(7)
Road improvements, on-street parking, pathway pavers, street trees, sidewalk extensions in parking lanes to slow vehicular traffic, and other elements which make roads more pedestrian friendly.
(8)
Provision of streetscape elements such as lighting, furniture, and public art (e.g., murals) so as to enhance the character of the lakefront.
(9)
Other site improvements which, in the opinion of the Planning Board, enhance the public's use and enjoyment of the waterfront.
C.
Any proposed public access shall be dedicated by easement or deed for public access.
D.
The Planning Board has approval authority as to the location, size, design, type of material and extent of the public amenity.
§ 210-119.2 Incentive bonuses.
A.
Districts designated for incentives. Land within the WOD is eligible for incentives to applicants who provide amenities that would assist the Town to implement specific physical, cultural and social policies described in the Comprehensive Plan, and as supplemented by local laws and ordinances adopted by the Town Board.
B.
Amenities for which incentives may be offered.
(1)
The following amenities may be either on or off the site of the subject application:
(a)
Publicly accessible waterfront areas.
(b)
Moderate income housing.
(c)
Green energy sources.
(d)
Green roofs or other techniques to reduce impervious surfaces.
(e)
Preservation, to the greatest extent possible, of prime and/or unique classified agricultural soils for farm operations.
(f)
Passive and active open space and related improvements.
(g)
Road and/or utility improvements.
(h)
Active transportation facilities.
(i)
Other amenities to residents of the Town which help to implement specific physical, cultural and social policies described in Comprehensive Plan.
(2)
These amenities shall be in addition to any mandated requirements pursuant to other provisions of Chapter 185, Subdivision of Land, and this Chapter 210, Zoning, of the Code of the Town of Cicero.
C.
Incentives permitted. The following incentives may be granted by the Town to the applicant on a specific site:
(1)
Changes in density requirements, including both residential and nonresidential uses.
(2)
Changes in lot coverage.
(3)
Changes in lot dimensions and setback requirements.
(4)
Changes in building height limitations and floor area requirements. Maximum increase in building height is up to two additional stories or 30 feet.
§ 210-119.3 Design and development standards.
A.
Residential subdivision design standards.
(1)
Garage placement. The garage must not be the dominant feature of the front of the dwelling. Side placement, rear placement, or a recess of five feet minimum are preferred. Overhangs and front porches may be incorporated into addressing this requirement.
(2)
Quality of materials. Building should be built using high-quality materials, such as brick, stone, finish masonry, or fiber cement (panels, siding, and trim boards) or finished wood, or their equivalent or better.
(3)
Variation of materials. Two different types of materials shall be provided on the sides of buildings that face streets. Variation in the patterns of the same materials is an acceptable alternative.
(4)
Porches. Usable front porches (approximately six feet by eight feet minimum) that are covered should be provided.
(5)
Roof pitch. A minimum roof pitch of 4/12 should be provided.
(6)
Building and roof articulation. Exteriors offsets, balconies, projections, window reveals, brackets, variations in roof pitch and similar elements details should be provided.
(7)
Colors. Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them should not be used as predominate colors on any wall or roof surface.
B.
Nonresidential and multifamily design standards.
(1)
All nonresidential development, mixed use development, or multi-family dwellings over four units shall comply with the Design Standards contained within Article XV of this Chapter.
(2)
Building materials. The use of the following materials is prohibited:
(a)
Fiberglass.
(b)
Plastic panels.
(c)
Clear-coated or corrugated aluminum.
(d)
Mirrored glass.
(e)
Concrete block.
(f)
Unfinished concrete.
C.
Parking area screening. Parking areas shall be screened using a combination of low berms (less than three feet in height), ground cover, low shrubs, flowering plants, and decorative knee walls to minimize the visual impact from Oneida Lake, public rights-of-way, and adjacent land uses.
D.
Mechanical equipment screening.
(1)
Ground level equipment. Mechanical equipment located at ground level must be effectively screened with vegetation, low berms, fencing, or others measures that are equal to or taller than the equipment being screened.
(2)
Rooftop mounted equipment.
(a)
Rooftop equipment should be so grouped and located to minimize visibility from the ground to the greatest extent practicable.
(b)
Where visible from the public right-of-way or abutting residential uses, architectural screening in the form of a parapet wall or other design feature shall be utilized.
(c)
Equipment placed on the building roof may be permitted above the maximum height specified, provided that such mechanical equipment is set back a minimum of 15 feet from any exterior walls and does not exceed 10 feet in height above the finished roof line of the building upon which it is installed.
§ 210-119.4 Installation and inspection.
A.
The installation or improvements of any development in the WOD shall be subject to observation and inspection at all stages by representatives of Town of Cicero, and for such purposes free access shall be accorded and requested. Information shall be promptly submitted. All costs of observation, including testing of materials, shall be paid for solely by the developer. A sufficient sum shall be provided by the developer in either a letter of credit or cash prior to project beginning.
B.
The Town Board may require the applicant to furnish a letter of credit or cash for the faithful performance of the plan and specifications as finally approved.
C.
The letter of credit or cash furnished for the installation of the required improvements shall be in the amount fixed by the Town Board and approved as to form, sufficiency and manner of execution.
D.
The letter of credit shall be issued in favor of the Town of Cicero and shall assure the complete installation of the required improvements within such period, not longer than three years, as shall be fixed by the Town Board. The Town Board, with the consent of all parties to the letter of credit, may extend such period upon written application of the developer filed with the Town Clerk prior to the date of expiration or upon its own motion at any time prior to a declaration of default on the letter of credit by the Town Board.
E.
The letter of credit shall be issued to the Town for an initial minimum period of three years.