Cicero Town City Zoning Code

ARTICLE XVIII

Mixed Residential Overlay District MROD

[Added 11-12-2025 by L.L. No. 8-2025]

§ 210-130 Purpose.

The Mixed Residential Overlay District (MROD) is intended to better manage and accommodate residential growth and development along a portion of New York State Route 31 and South Bay Road through the increased flexibility of land uses while requiring well-considered and integrated building and site design. The MROD is intended to foster mixed residential development that supports the housing needs of the Town of Cicero while preserving the existing rural character of the area. Additionally, the MROD is designed to achieve the following objectives:

Promote an increased variety of housing options by discouraging the development of a singular type of housing on a given development site;

Locate residential types and densities in a manner that provides a natural transition from existing single-family neighborhoods to higher-density development;

Enhance pedestrian, bicyclist, and vehicular connectivity while improving traffic flow and circulation;

Preserve and integrate existing natural features and undisturbed areas into the open space and design of the neighborhood;

Provide adequate setbacks and visual buffers from adjoining properties and the roadway; and

Create compatibility with surrounding land uses and the existing character of Route 31 and South Bay Road.

§ 210-131 Applicability.

All parcels within the defined boundaries of the MROD as shown on the Mixed Residential Overlay District Map included as an attachment are subject to the requirements of this article.[1]

[1]

Editor's Note: The Mixed Residential Overlay District Map is included as an attachment to this chapter.

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 MROD regulations shall take precedence.

Where the requirements of this article conflict with the requirements of Article XV (Design Standards), the more stringent requirement shall apply.

§ 210-132 Reviews required.

Certain uses and actions allowable under this article may be subject to additional local development review and approval procedures. This may include, but is not limited to:

Building permits and certificates of occupancy or compliance. As required by Chapter 68 (Building Construction and Fire Prevention) of the Town of Cicero Code.

Special use permits. As required by the use table in § 210-133 of this article.

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, on an already approved lot;

(2)

Expansion or rehabilitation of existing residential structures; and

(3)

Simple subdivisions.

§ 210-133 Permitted uses.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with an "SP" may be allowed with the issuance of a special use permit in accordance with Article XIV.

Uses not listed are expressly prohibited, unless permitted within the underlying district.

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	MROD
Residential
Mixed Residential Development	SP¹
Other
Assembly	P
Library/museum	P
Park	P
Recreation facility, outdoor	SP
Recreation facility, indoor	SP
Municipal building or use	P
Religious institution	P
Mix of permitted uses in MROD/Underlying District	P
Accessory
Accessory use or structure	P
Accessory dwelling unit or in-law suite	P
Uses in conjunction with mixed residential development:
Neighborhood retail	P²
Neighborhood personal service
Restaurant, bar or tavern
Off-street surface parking area	P

NOTES:
(1)	See § 210-134 for additional use regulations.
(2)	Provided such use occupies a gross floor area no more than 2,000 square feet.

§ 210-134 Mixed residential development.

Mixed residential developments shall be subject to the following criteria:

Minimum area. The minimum area devoted to a mixed residential development shall be 10 acres.

Clustering. Clustering of units is required. All units contained within a cluster development shall be served by public water. The applicant shall follow the application procedures and requirements as set forth in Chapter 185 of the Code of the Town of Cicero. In the event of conflict between a provision of this article and any provision of Chapter 185 (Subdivision of Land), the MROD district regulations shall take precedence.

Required mixture of uses.

(1)

The contiguous area of mixed residential development shall not consist of a single land use.

(2)

The development of single- and two-family dwellings may not exceed 40% of the total units of a mixed residential development.

Dimensional and bulk requirements. Dimensional requirements shall be determined by the Planning Board through site plan review, including but not limited to:

(1)

Minimum lot size;

(2)

Minimum lot width;

(3)

Minimum setbacks; and

(4)

Maximum lot coverage.

Maximum building height. The maximum building height shall be 55 feet, and three stories.

Maximum density.

(1)

Residential density shall be limited to 10 dwelling units per acre for the entirety of the mixed residential development area.

(2)

Residential density shall be calculated for the entirety of the development lot area, excluding environmentally sensitive areas and easements, as defined in § 210-4.

Open space requirements.

(1)

Common open space shall be provided at a rate of at least 40% of a development's lot area, as defined in § 210-4. Designation and use of such common open space area(s) shall be based on consideration of the following factors:

(a)

The avoidance of siting of structures in hazardous areas, wetlands, floodplains, or on steep slopes;

(b)

The protection of sensitive habitats and woodlots; and

(c)

The desirability of protecting scenic areas of the site.

(2)

The applicant or their designee shall maintain all common open spaces and related facilities Prior to the issuance of any permits for construction, a bond or other approved security shall be posted guaranteeing such maintenance.

(3)

Preservation and maintenance of all common open space and communal recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements and running with the land, as described in the approved site plan.

Community center. Where required by the Planning Board, mixed residential developments shall include a community center space of at least 3,000 square feet.

Pedestrian connectivity. The layout of a mixed residential development shall provide a network of common pedestrian paths that link neighborhoods within the proposed development and connect with common open spaces, community facilities and other nearby uses of the Town. All common pedestrian paths shall consist of a paved, all-weather, durable surface that is at least five feet wide.

Transitional density. Where adjacent to existing residential development, the development site shall be laid out as to respect the density of the adjacent residential development at the periphery of the development site by utilizing the following techniques:

(1)

Similar lot size;

(2)

Similar lot width;

(3)

Similar building height; and

(4)

Similar roof form.

§ 210-135 Public amenities.

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, and trails; 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.

Such public amenities may include but are not limited to:

(1)

Gathering spaces such as a pedestrian plaza, courtyard, square, pocket park, or other such configuration integrated into the development and designed as a focal point.

(2)

Right-of-way 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.

(3)

Provision of streetscape elements such as lighting, furniture, and public art (e.g., murals).

Any proposed public access shall be dedicated by easement or deed for public access.

The Planning Board has approval authority as to the location, size, design, type of material, and extent of the public amenity.

§ 210-136 Design and development standards.

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 is preferred.

(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) 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.

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)

Vinyl under 0.048" in thickness.

(b)

Fiberglass.

(c)

Plastic panels.

(d)

Clear-coated or corrugated aluminum.

(e)

Mirrored glass.

(f)

Concrete block.

(g)

Unfinished concrete.

Parking area screening. Parking areas shall be screened using a combination of low berms (approximately two to three feet in height), ground cover, low shrubs, flowering plants, and/or decorative knee walls to minimize the visual impact from public rights-of-way and adjacent land uses.

Mechanical equipment screening.

(1)

Ground level equipment. Mechanical equipment located at ground level must be effectively screened with vegetation, low berms, fencing, or other 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.

§ 210-137 Access provisions.

Access to Route 31 or South Bay Road shall be provided by direct or indirect means, consistent with the following requirements:

Number of access points.

(1)

Each parcel shall be permitted one point of direct or indirect access to the public roadway system, provided that such access conforms to the minimum driveway spacing and corner clearance requirements of the MROD.

(2)

Where the roadway frontage of a parcel is greater than 500 feet, an additional access point may be permitted, if it is determined in consultation with NYSDOT and/or Onondaga County DOT that such access will not be detrimental to roadway safety, capacity, or function. Any such additional access shall comply with all applicable sections of this law.

(3)

Individual property access shall not be provided to Route 31 or South Bay Road where alternative access is available.

(4)

Where multiple parcels are developed as a single project they shall be treated as a single parcel for the purposes of determining the permitted number of access points.

Minimum driveway spacing.

(1)

Minimum driveway spacing is to be measured from the closest edge of the driveway to the closest edge of the nearest driveway (see Figure 210-137-1). All direct access connections to Route 31 or South Bay Road shall be spaced at a minimum of 500 feet apart, excluding single-family residences.

(2)

There are no minimum driveway spacing requirements for the development of four or fewer single-family dwelling within the MROD. However, the access drive or local street that serves a development of five or more single-family residences must meet these standards.

(3)

In the event that the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical, the Planning Board may modify or waive these requirements during site plan review.

FIGURE 210-137-1: CORNER CLEARANCE AND DRIVEWAY SPACING

Joint and cross-access.

(1)

Adjacent commercial or office properties and compatible major traffic generators shall provide a cross-access drive and pedestrian walkway to allow circulation between sites. This requirement shall also apply to a new building site that abuts an existing developed property unless the Planning Board finds during site plan review that this would be clearly impractical. Property owners shall record a cross-access easement and a joint maintenance agreement with the public records office.

FIGURE 210-137-2: CROSS ACCESS STUB-OUTS

(2)

Property owners that provide for joint and cross access may be granted a temporary driveway connection permit, where necessary, to provide reasonable access until such time as the joint use driveway and cross access drives are provided with adjacent properties. All necessary easements and agreements shall be recorded with the deed to the property, including:

(a)

An easement allowing cross access to and from the adjacent properties;

(b)

An agreement to close and eliminate any pre-existing driveways provided for access in the interim after construction of the joint-use driveway; and

(c)

A joint maintenance agreement defining the maintenance responsibility of each property owner that shares the joint use driveway and cross access system.

Minimum corner clearance. Minimum corner clearance is to be measured along the road from the closest edge of the right-of-way of the intersecting road to the closest edge of the proposed driveway (see Figure 210-137-1). At signalized intersections, corner clearances in excess of the minimum dimensions of Table 210-137-1 may be required, in consultation with NYSDOT and/or Onondaga County DOT.

Table 210-137-1: Minimum Corner Clearance
Intersection	Corner Clearance
Driveways Connecting to Route 31 or South Bay Road	220 feet
Side Streets Connecting to Route 31 or South Bay Road	150 feet

Shared access and reverse frontage. Inter-parcel connections shall be provided to facilitate the local movement of traffic and minimize demand for local trips on the highway. Based on consultation with NYSDOT and/or Onondaga County DOT, inter-parcel access may take the form of direct driveway connections or reverse frontage roads.

Pedestrian access.

(1)

On-site pedestrian walkways shall be incorporated into each project and shall be coordinated with on-site landscaping so as to minimize conflicts with vehicular traffic.

(2)

Pedestrian circulation systems shall be provided to connect multiple uses within individual projects and shall be extended to adjacent parcels where inter-parcel vehicular access is required.

(3)

Where pedestrian access crosses an access drive (such as crossing from a parking aisle to a building entrance), crosswalk improvements shall be required.

(4)

In the event that a public sidewalk is adjacent to the property, the pedestrian circulation system shall connect to the existing sidewalk system.

§ 210-138 Driveway location and design.

Driveway connections shall be located and designed to provide adequate sight distance. NYSDOT and/or Onondaga County DOT standards for sight distance shall apply.

The NYSDOT and/or Onondaga County DOT, in coordination with the Town of Cicero, may require turn lanes where deemed necessary due to traffic volumes or where a safety or operational problem exists. The design of left-turn and right-turn lanes shall conform to NYSDOT and/or Onondaga County DOT design standards.

Construction of driveways along turn lanes and tapers is prohibited unless no other access to the property is available.

Driveways with more than one entry and one exit lane shall incorporate channelization features to separate the entry and exit sides of the driveway. Double yellow lines may be considered instead of medians, where truck off-tracking is a problem.

Driveways shall be designed with adequate on-site storage for entering and exiting vehicles to reduce unsafe conflicts with through traffic or on-site traffic and to avoid congestion at the entrance.

Guidelines for driveway throat length are provided in Table 210-138-1 below.

Table 210-138-1: Driveway Throat Length
Use	Drive Length (feet)
Developments under 200,000 square feet
With Signalized Access Drive	75 - 95
With No Signal at the Access Drive	40 - 60
Residential Subdivisions of 5 or More Units	40 - 60

§ 210-139 Installation and inspection.

The installation or improvements of any development in the MROD shall be subject to observation and inspection at all stages by representatives of the 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 covering such costs shall be provided by the developer in either a letter of credit or cash prior to project beginning.

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.

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.

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.

The letter of credit shall be issued to the Town for an initial minimum period of three years.

Cicero Town City Zoning Code

ARTICLE XVIII

Mixed Residential Overlay District MROD

[Added 11-12-2025 by L.L. No. 8-2025]

§ 210-130 Purpose.

Promote an increased variety of housing options by discouraging the development of a singular type of housing on a given development site;

Locate residential types and densities in a manner that provides a natural transition from existing single-family neighborhoods to higher-density development;

Enhance pedestrian, bicyclist, and vehicular connectivity while improving traffic flow and circulation;

Preserve and integrate existing natural features and undisturbed areas into the open space and design of the neighborhood;

Provide adequate setbacks and visual buffers from adjoining properties and the roadway; and

Create compatibility with surrounding land uses and the existing character of Route 31 and South Bay Road.

§ 210-131 Applicability.

All parcels within the defined boundaries of the MROD as shown on the Mixed Residential Overlay District Map included as an attachment are subject to the requirements of this article.[1]

[1]

Editor's Note: The Mixed Residential Overlay District Map is included as an attachment to this chapter.

Where the requirements of this article conflict with the requirements of Article XV (Design Standards), the more stringent requirement shall apply.

§ 210-132 Reviews required.

Certain uses and actions allowable under this article may be subject to additional local development review and approval procedures. This may include, but is not limited to:

Building permits and certificates of occupancy or compliance. As required by Chapter 68 (Building Construction and Fire Prevention) of the Town of Cicero Code.

Special use permits. As required by the use table in § 210-133 of this article.

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, on an already approved lot;

(2)

Expansion or rehabilitation of existing residential structures; and

(3)

Simple subdivisions.

§ 210-133 Permitted uses.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with an "SP" may be allowed with the issuance of a special use permit in accordance with Article XIV.

Uses not listed are expressly prohibited, unless permitted within the underlying district.

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	MROD
Residential
Mixed Residential Development	SP¹
Other
Assembly	P
Library/museum	P
Park	P
Recreation facility, outdoor	SP
Recreation facility, indoor	SP
Municipal building or use	P
Religious institution	P
Mix of permitted uses in MROD/Underlying District	P
Accessory
Accessory use or structure	P
Accessory dwelling unit or in-law suite	P
Uses in conjunction with mixed residential development:
Neighborhood retail	P²
Neighborhood personal service
Restaurant, bar or tavern
Off-street surface parking area	P

NOTES:
(1)	See § 210-134 for additional use regulations.
(2)	Provided such use occupies a gross floor area no more than 2,000 square feet.

§ 210-134 Mixed residential development.

Mixed residential developments shall be subject to the following criteria:

Minimum area. The minimum area devoted to a mixed residential development shall be 10 acres.

Required mixture of uses.

(1)

The contiguous area of mixed residential development shall not consist of a single land use.

(2)

The development of single- and two-family dwellings may not exceed 40% of the total units of a mixed residential development.

Dimensional and bulk requirements. Dimensional requirements shall be determined by the Planning Board through site plan review, including but not limited to:

(1)

Minimum lot size;

(2)

Minimum lot width;

(3)

Minimum setbacks; and

(4)

Maximum lot coverage.

Maximum building height. The maximum building height shall be 55 feet, and three stories.

Maximum density.

(1)

Residential density shall be limited to 10 dwelling units per acre for the entirety of the mixed residential development area.

(2)

Residential density shall be calculated for the entirety of the development lot area, excluding environmentally sensitive areas and easements, as defined in § 210-4.

Open space requirements.

(1)

(a)

The avoidance of siting of structures in hazardous areas, wetlands, floodplains, or on steep slopes;

(b)

The protection of sensitive habitats and woodlots; and

(c)

The desirability of protecting scenic areas of the site.

(2)

(3)

Community center. Where required by the Planning Board, mixed residential developments shall include a community center space of at least 3,000 square feet.

(1)

Similar lot size;

(2)

Similar lot width;

(3)

Similar building height; and

(4)

Similar roof form.

§ 210-135 Public amenities.

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, and trails; and

(2)

Such public amenities may include but are not limited to:

(1)

Gathering spaces such as a pedestrian plaza, courtyard, square, pocket park, or other such configuration integrated into the development and designed as a focal point.

(2)

(3)

Provision of streetscape elements such as lighting, furniture, and public art (e.g., murals).

Any proposed public access shall be dedicated by easement or deed for public access.

The Planning Board has approval authority as to the location, size, design, type of material, and extent of the public amenity.

§ 210-136 Design and development standards.

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 is preferred.

(2)

(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) 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.

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)

Vinyl under 0.048" in thickness.

(b)

Fiberglass.

(c)

Plastic panels.

(d)

Clear-coated or corrugated aluminum.

(e)

Mirrored glass.

(f)

Concrete block.

(g)

Unfinished concrete.

Mechanical equipment screening.

(1)

(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)

§ 210-137 Access provisions.

Access to Route 31 or South Bay Road shall be provided by direct or indirect means, consistent with the following requirements:

Number of access points.

(1)

(2)

(3)

Individual property access shall not be provided to Route 31 or South Bay Road where alternative access is available.

(4)

Where multiple parcels are developed as a single project they shall be treated as a single parcel for the purposes of determining the permitted number of access points.

Minimum driveway spacing.

(1)

(2)

(3)

FIGURE 210-137-1: CORNER CLEARANCE AND DRIVEWAY SPACING

Joint and cross-access.

(1)

FIGURE 210-137-2: CROSS ACCESS STUB-OUTS

(2)

(a)

An easement allowing cross access to and from the adjacent properties;

(b)

An agreement to close and eliminate any pre-existing driveways provided for access in the interim after construction of the joint-use driveway; and

(c)

A joint maintenance agreement defining the maintenance responsibility of each property owner that shares the joint use driveway and cross access system.

Table 210-137-1: Minimum Corner Clearance
Intersection	Corner Clearance
Driveways Connecting to Route 31 or South Bay Road	220 feet
Side Streets Connecting to Route 31 or South Bay Road	150 feet

Pedestrian access.

(1)

On-site pedestrian walkways shall be incorporated into each project and shall be coordinated with on-site landscaping so as to minimize conflicts with vehicular traffic.

(2)

Pedestrian circulation systems shall be provided to connect multiple uses within individual projects and shall be extended to adjacent parcels where inter-parcel vehicular access is required.

(3)

Where pedestrian access crosses an access drive (such as crossing from a parking aisle to a building entrance), crosswalk improvements shall be required.

(4)

In the event that a public sidewalk is adjacent to the property, the pedestrian circulation system shall connect to the existing sidewalk system.

§ 210-138 Driveway location and design.

Driveway connections shall be located and designed to provide adequate sight distance. NYSDOT and/or Onondaga County DOT standards for sight distance shall apply.

Construction of driveways along turn lanes and tapers is prohibited unless no other access to the property is available.

Driveways shall be designed with adequate on-site storage for entering and exiting vehicles to reduce unsafe conflicts with through traffic or on-site traffic and to avoid congestion at the entrance.

Guidelines for driveway throat length are provided in Table 210-138-1 below.

Table 210-138-1: Driveway Throat Length
Use	Drive Length (feet)
Developments under 200,000 square feet
With Signalized Access Drive	75 - 95
With No Signal at the Access Drive	40 - 60
Residential Subdivisions of 5 or More Units	40 - 60

§ 210-139 Installation and inspection.

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.

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.

The letter of credit shall be issued to the Town for an initial minimum period of three years.

Cicero Town City Zoning Code

ARTICLE XVIII

Mixed Residential Overlay District MROD

[Added 11-12-2025 by L.L. No. 8-2025]

§ 210-130 Purpose.

Promote an increased variety of housing options by discouraging the development of a singular type of housing on a given development site;

Locate residential types and densities in a manner that provides a natural transition from existing single-family neighborhoods to higher-density development;

Enhance pedestrian, bicyclist, and vehicular connectivity while improving traffic flow and circulation;

Preserve and integrate existing natural features and undisturbed areas into the open space and design of the neighborhood;

Provide adequate setbacks and visual buffers from adjoining properties and the roadway; and

Create compatibility with surrounding land uses and the existing character of Route 31 and South Bay Road.

§ 210-131 Applicability.

All parcels within the defined boundaries of the MROD as shown on the Mixed Residential Overlay District Map included as an attachment are subject to the requirements of this article.[1]

[1]

Editor's Note: The Mixed Residential Overlay District Map is included as an attachment to this chapter.

Where the requirements of this article conflict with the requirements of Article XV (Design Standards), the more stringent requirement shall apply.

§ 210-132 Reviews required.

Certain uses and actions allowable under this article may be subject to additional local development review and approval procedures. This may include, but is not limited to:

Building permits and certificates of occupancy or compliance. As required by Chapter 68 (Building Construction and Fire Prevention) of the Town of Cicero Code.

Special use permits. As required by the use table in § 210-133 of this article.

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, on an already approved lot;

(2)

Expansion or rehabilitation of existing residential structures; and

(3)

Simple subdivisions.

§ 210-133 Permitted uses.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this chapter.

Uses identified with an "SP" may be allowed with the issuance of a special use permit in accordance with Article XIV.

Uses not listed are expressly prohibited, unless permitted within the underlying district.

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	MROD
Residential
Mixed Residential Development	SP¹
Other
Assembly	P
Library/museum	P
Park	P
Recreation facility, outdoor	SP
Recreation facility, indoor	SP
Municipal building or use	P
Religious institution	P
Mix of permitted uses in MROD/Underlying District	P
Accessory
Accessory use or structure	P
Accessory dwelling unit or in-law suite	P
Uses in conjunction with mixed residential development:
Neighborhood retail	P²
Neighborhood personal service
Restaurant, bar or tavern
Off-street surface parking area	P

NOTES:
(1)	See § 210-134 for additional use regulations.
(2)	Provided such use occupies a gross floor area no more than 2,000 square feet.

§ 210-134 Mixed residential development.

Mixed residential developments shall be subject to the following criteria:

Minimum area. The minimum area devoted to a mixed residential development shall be 10 acres.

Required mixture of uses.

(1)

The contiguous area of mixed residential development shall not consist of a single land use.

(2)

The development of single- and two-family dwellings may not exceed 40% of the total units of a mixed residential development.

Dimensional and bulk requirements. Dimensional requirements shall be determined by the Planning Board through site plan review, including but not limited to:

(1)

Minimum lot size;

(2)

Minimum lot width;

(3)

Minimum setbacks; and

(4)

Maximum lot coverage.

Maximum building height. The maximum building height shall be 55 feet, and three stories.

Maximum density.

(1)

Residential density shall be limited to 10 dwelling units per acre for the entirety of the mixed residential development area.

(2)

Residential density shall be calculated for the entirety of the development lot area, excluding environmentally sensitive areas and easements, as defined in § 210-4.

Open space requirements.

(1)

(a)

The avoidance of siting of structures in hazardous areas, wetlands, floodplains, or on steep slopes;

(b)

The protection of sensitive habitats and woodlots; and

(c)

The desirability of protecting scenic areas of the site.

(2)

(3)

Community center. Where required by the Planning Board, mixed residential developments shall include a community center space of at least 3,000 square feet.

(1)

Similar lot size;

(2)

Similar lot width;

(3)

Similar building height; and

(4)

Similar roof form.

§ 210-135 Public amenities.

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, and trails; and

(2)

Such public amenities may include but are not limited to:

(1)

Gathering spaces such as a pedestrian plaza, courtyard, square, pocket park, or other such configuration integrated into the development and designed as a focal point.

(2)

(3)

Provision of streetscape elements such as lighting, furniture, and public art (e.g., murals).

Any proposed public access shall be dedicated by easement or deed for public access.

The Planning Board has approval authority as to the location, size, design, type of material, and extent of the public amenity.

§ 210-136 Design and development standards.

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 is preferred.

(2)

(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) 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.

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)

Vinyl under 0.048" in thickness.

(b)

Fiberglass.

(c)

Plastic panels.

(d)

Clear-coated or corrugated aluminum.

(e)

Mirrored glass.

(f)

Concrete block.

(g)

Unfinished concrete.

Mechanical equipment screening.

(1)

(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)

§ 210-137 Access provisions.

Access to Route 31 or South Bay Road shall be provided by direct or indirect means, consistent with the following requirements:

Number of access points.

(1)

(2)

(3)

Individual property access shall not be provided to Route 31 or South Bay Road where alternative access is available.

(4)

Where multiple parcels are developed as a single project they shall be treated as a single parcel for the purposes of determining the permitted number of access points.

Minimum driveway spacing.

(1)

(2)

(3)

FIGURE 210-137-1: CORNER CLEARANCE AND DRIVEWAY SPACING

Joint and cross-access.

(1)

FIGURE 210-137-2: CROSS ACCESS STUB-OUTS

(2)

(a)

An easement allowing cross access to and from the adjacent properties;

(b)

An agreement to close and eliminate any pre-existing driveways provided for access in the interim after construction of the joint-use driveway; and

(c)

A joint maintenance agreement defining the maintenance responsibility of each property owner that shares the joint use driveway and cross access system.

Table 210-137-1: Minimum Corner Clearance
Intersection	Corner Clearance
Driveways Connecting to Route 31 or South Bay Road	220 feet
Side Streets Connecting to Route 31 or South Bay Road	150 feet

Pedestrian access.

(1)

On-site pedestrian walkways shall be incorporated into each project and shall be coordinated with on-site landscaping so as to minimize conflicts with vehicular traffic.

(2)

Pedestrian circulation systems shall be provided to connect multiple uses within individual projects and shall be extended to adjacent parcels where inter-parcel vehicular access is required.

(3)

Where pedestrian access crosses an access drive (such as crossing from a parking aisle to a building entrance), crosswalk improvements shall be required.

(4)

In the event that a public sidewalk is adjacent to the property, the pedestrian circulation system shall connect to the existing sidewalk system.

§ 210-138 Driveway location and design.

Driveway connections shall be located and designed to provide adequate sight distance. NYSDOT and/or Onondaga County DOT standards for sight distance shall apply.

Construction of driveways along turn lanes and tapers is prohibited unless no other access to the property is available.

Driveways shall be designed with adequate on-site storage for entering and exiting vehicles to reduce unsafe conflicts with through traffic or on-site traffic and to avoid congestion at the entrance.

Guidelines for driveway throat length are provided in Table 210-138-1 below.

Table 210-138-1: Driveway Throat Length
Use	Drive Length (feet)
Developments under 200,000 square feet
With Signalized Access Drive	75 - 95
With No Signal at the Access Drive	40 - 60
Residential Subdivisions of 5 or More Units	40 - 60

§ 210-139 Installation and inspection.

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.

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.

The letter of credit shall be issued to the Town for an initial minimum period of three years.