Cicero Town City Zoning Code
ARTICLE VI
Supplemental Regulations
§ 210-17 Parking, loading and access requirements.
A.
Parking space. For purposes of this Code a parking space shall be at least nine feet wide by 18 feet long.
B.
Driveway aisle. Driveway aisles shall be at least 22 feet clear in width.
C.
Loading space. For purposes of this Code, a loading space shall be at least 12 feet wide by 50 feet long.
D.
Accessibility.
(1)
All parking and loading spaces shall be directly accessible from an interior driveway. No required parking space will be considered usable if it is directly accessible from a public highway without first leaving the highway onto an interior driveway.
(2)
All driveways other than one- and two-family residences shall be at least 150 feet from any street line intersection.
E.
On-site requirements. All parking spaces required shall be on the same lot as the principal use unless the Planning Board specifically approves off-site parking as part of the site plan approval requirements. Such specific approval shall be voted on the approved plan.
F.
Parking and loading setback. No parking or loading spaces shall be closer than 15 feet to any lot line abutting a residential use district, nor shall any portion of a required front yard be used for parking or loading spaces in a residential use district.
G.
Residential requirements.
[Amended 2-12-2020 by L.L. No. 2-2020]
(1)
Each one- and two-family dwelling unit shall have at least two parking spaces per family.
(2)
Each multifamily use with up to two bedrooms shall have a minimum of two parking spaces per dwelling unit. Multifamily uses with three or more bedrooms shall have a minimum of three parking spaces.
H.
Nonresidential requirements. All uses in the Town, other than single-family residential uses, require site plan approval. The Planning Board, as part of the site plan approval process, shall specify the number of parking and loading spaces required considering the nature and intensity of the use, the site conditions and other pertinent considerations. The Planning Board shall be guided by the standards set forth in professional design manuals such as the American Planning Association Off-Street Parking Standards.
I.
Certain parking prohibited.
(1)
Tractor-trailers, trucks and vans with a carrying capacity in excess of one ton shall not be parked in any residential use district except for deliveries or service calls.
(2)
In any Residential Use District (R-10, R-12, R-15, R-20, R-M, AG-R) unregistered motor vehicles, including racecars, shall not be stored outside in front, side or rear yards for a period exceeding 30 days without a permit from the Town of Cicero.
(3)
An unregistered/unlicensed vehicle may be stored/parked for a period of six months in an approved residential location by obtaining a permit from the Town of Cicero Zoning Office.
J.
Sale or repair of vehicles. The sale or apparent intent to sell or repair more than two vehicles per year at any nonapproved location in any district constitutes a commercial activity and therefore requires site plan approval by the Planning Board. Such activity without Planning Board approval constitutes a violation of this section.
K.
Junk accumulation. The operation or maintenance of a junkyard as defined in § 210-4 in any district, not related to the district use and without a valid permit. Junk accumulation is a violation punishable in accordance with this chapter.
[Amended 5-8-2006 by L.L. No. 9-2006]
§ 210-18 Signs.
[Amended 6-13-2005 by L.L. No. 10-2005]
A.
Purpose. The intent of these regulations is to promote and protect public health, welfare and safety by regulating and restricting the location, construction, repair, removal, alteration and maintenance of signs and other advertising devices in the Town. The regulations are intended to promote and protect public health, welfare and safety by regulating and restricting existing and proposed signs and advertising devices of any kind. It is intended to promote public safety, to protect property values, to create a more attractive economic climate and to enhance the scenic and natural beauty of the Town.
B.
Signs permitted as of right. Any person shall have the right to the following types of signs, provided that the conditions set forth in this section are met.
(1)
Political signs.
[Amended 7-24-2013 by L.L. No. 7-2013; 5-8-2019 by L.L. No. 13-2019]
(2)
Home occupation signs. One sign, on the interior of a window, not exceeding two square feet. No exterior signs are allowed.
(3)
Real estate and directional signs. Except for vacant commercial premises, no "For Rent," "Open House," "Sold," "For Sale," directional or similar sign shall exceed four square feet. All such signs shall be allowed only during the pendency of the event which is advertised thereby, and only one such sign shall be allowed per lot.
(4)
Commercial real estate. For each vacant commercial parcel, no one sign shall exceed 16 square feet. Such signs shall not be located within the highway right-of-way and shall be removed within two weeks of the sale or date such premises is withdrawn from the market.
(5)
Agricultural farm stand or market directional signs.
C.
Signs prohibited in all districts.
(1)
Flashing, oscillating or revolving signs.
(2)
Signs which unreasonably illuminate neighboring properties.
(3)
Banners, pennants and similar temporary attention-getting devices, except in connection with a grand opening ceremony, and then only for a period of not more than two weeks and only upon the issuance of a permit therefor in accordance with Subsections F and J below.
(4)
Inflatable objects and similar attention-getting devices, except upon issuance of a permit therefor in accordance with Subsections F and J below, and then only for a period of seven days. A permit for an inflatable object or similar attention-getting device may be issued a total of two times per calendar year.
(5)
Vehicle signs. Any sign displayed on a parked trailer or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes.
[Added 7-24-2013 by L.L. No. 7-2013]
D.
General provisions applicable to all signs.
(1)
No sign shall be permitted closer than 20 feet to the street line, or within 10 feet of any other lot line.
(2)
No sign or portion thereof shall be higher than the building on which it is located or more than 24 feet from the ground, whichever is greater, except that within 1,000 feet of the Route 81 right-of-way, no sign shall be higher than 50 feet, and no freestanding sign other than those allowed by Subsection A above shall be closer to the ground than six feet. The Planning Board may in its discretion allow monument-type signs that are closer to the ground than six feet during site plan approval.
(3)
The total signage for any one lot shall not exceed one square foot for each lineal front foot of the building located on such lot, unless deemed allowable by the Planning Board during site plan approval.
(4)
No sign shall impair public safety, obstruct vision between a sidewalk and the street, be confused with a traffic sign or signal or prevent free access to a door, window or fire escape.
E.
General provisions applicable to all billboard signs.
(1)
Billboard signs are permitted only along interstate highways located within a General Commercial or Industrial Zone.
(2)
The total footage of any billboard sign may not exceed 672 square feet. Billboard signs may be lit by no more than four halogen lamps. Each halogen lamp may not exceed 400 watts.
(3)
No billboard sign or portion thereof shall be higher than the surrounding trees and/or buildings, whichever is greater. If there are no trees or buildings in proximity, no billboard sign may have a height above ground level which exceeds 26 feet, or as otherwise approved by the Planning Board.
(4)
No billboard sign shall be permitted within 20 feet of the street line, or within 1,000 feet of any other sign or billboard.
(5)
No billboard sign shall be permitted within 500 feet of any school, religious institution, or park.
(6)
No billboard sign may be placed within 500 feet of any intersection, if such a billboard sign would, by use or simulation of colors, design or placement, tend to confuse, detract from or in any manner obstruct the utilization of traffic regulatory devices. All determinations of this type shall be made by the Planning Board, which shall consider, but not be limited to, the following aspects of such billboard signs:
(a)
The use of words such as "stop," "go," "look," "caution," "danger," "warning" and similar nomenclature.
(b)
The use of colors and lights in the spectrum of colors utilized for traffic regulatory devices.
(c)
The use of blinking, intermittent, flashing or other animated forms of illumination or light and all sources of illumination which through direct or indirect means create glare.
(7)
All billboard signs are subject to the general restrictions for signs as set forth in this chapter, as applicable.
(8)
Billboard signs abandoned for over one year must be removed by the applicant. Failure to remove an abandoned billboard shall be a violation of this chapter.
F.
General provisions applicable to temporary signs.
(1)
Temporary signs may not be displayed without a permit issued by the Code Enforcement Officer in accordance with § 210-18J.
(2)
Temporary signs must be displayed on the premises owned by the applicant or at the applicant's place of business. The location of the sign is to be indicated on a property survey or sketch of the property.
(3)
The square footage of any temporary sign must not exceed 16 square feet. The top of a temporary sign may not be higher than four feet from the ground.
(4)
A temporary sign may be displayed for up to 30 consecutive days with a proper permit. An applicant may receive a temporary sign permit up to a total of four times per calendar year.
(5)
Temporary signs must be neatly prepared and displayed, and are to be placed so that they do not interfere with vehicular or pedestrian traffic, or impede lines of sight.
(6)
Temporary signs must be secured firmly in place, and are to be reinstalled or repaired if damaged or displaced.
(7)
Temporary signs must be removed on the date indicated on the temporary sign permit, which shall be 30 days from the date upon which the permit is granted.
(8)
The back of all temporary signs must state the permit holder's name, address and telephone number, as well as the date upon which the permit expires.
(9)
Any violation of this subsection may result in revocation of a temporary sign and/or the imposition of a fine.
(10)
The fee for a temporary sign permit shall be $25, or an amount established by the Town Board therefor.
(11)
One temporary sign is permitted per individual or business at any given time.
(12)
Any existing temporary sign erected prior to the adoption of this subsection which is nonconforming and for which no permit was issued shall be removed within 30 days of the effective date of this subsection.
(13)
All temporary signs are subject to the general restrictions for signs as set forth in this chapter, as applicable.
G.
Computation of sign area.
(1)
All existing signs shall be included.
(2)
The total area of all signs on the lot shall not exceed the total permissible square footage as defined in the applicable provision of this chapter.
(3)
Signs consisting of freestanding letters, numerals or other symbols shall include only intervening spaces between them.
(4)
Back-to-back, double-faced or V-type signs shall be counted as one sign and only the larger face area shall be used.
H.
Permit required. No sign, except for those specified in Subsection B above, shall be erected or maintained unless and until a permit is issued therefor by the Town Code Enforcement Officer in accordance with this chapter. The Code Enforcement Officer may deny a sign permit to any applicant who has been in violation of this section more than three times in any calendar year.
I.
Permit procedure: advertising sign and billboard sign. Prior to the erection or maintenance of any sign requiring a permit as set forth in Subsection E above, the applicant shall apply to the Town Code Enforcement Officer for a permit and shall include the following:
(1)
The name, address and telephone number of the owner of the property and the person, firm or corporation erecting the sign.
(2)
A plot plan or survey of the parcel, showing the location of the building, structure or lot to which or upon which the sign is to be attached or erected.
(3)
The type, size, location and a rendering or drawing of the sign.
(4)
Two copies of the plans and construction specifications of the sign and the structure for attachment to the building or ground.
(5)
A copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this or any other code for signs of 150 square feet or more.
(6)
Any electrical permit required and issued for the sign.
(7)
Filing and processing fee in the amount established by the Town Board therefor.
(8)
Such other and further information as the Code Enforcement Office may deem necessary to ensure compliance with this Code.
J.
Permit procedure: temporary signs. Prior to the erection or maintenance of any sign requiring a permit as set forth in Subsection F above, the applicant shall apply to the Town Code Enforcement Officer for a permit and shall give the name, address and telephone number of the owner of the property and the person, firm or corporation erecting the sign. A fee of $25 will be charged for each temporary sign or an amount established by the Town Board therefor.
K.
Site plan.
(1)
The Code Enforcement Officer, in his discretion, may refer any application for a sign permit to the Planning Board for its recommendation.
(2)
All video billboard signs shall be subject to site plan review by the Planning Board. The Planning Board may place reasonable restrictions on the content and duration of images as well as the location of video billboards. The permit fee for a video billboard sign shall be in accordance with the Town of Cicero building and zoning fees, as established by the Town Board.
(3)
All electronic message signs shall be subject to site plan review by the Planning Board. The Planning Board may place reasonable restrictions on the content and duration of images as well as the location of electronic message signs. The permit fee for an electronic message sign shall be in accordance with the Town of Cicero building and zoning fees, as established by the Town Board.
L.
Enforcement. The Code Enforcement Officer is authorized to remove any sign erected in violation of this chapter.
§ 210-19 Landscape and screening requirements.
[Amended 7-24-2013 by L.L. No. 7-2013]
The Town of Cicero recognizes that a modern suburban Town environment requires a balancing of the right to privacy with the need to maintain open views and vistas and the right to be protected from undesirable intrusions of adjacent uses with the right to reasonably utilize one's property. Because of the diversity of situations existing in the Town, it is unreasonable to establish one set of inflexible rules to govern all situations on possible combinations of uses. Accordingly, this Code establishes certain minimum requirements applicable in all situations therein designated and delegates to the Planning Board or Code Enforcement Office the responsibility to strike a reasonable accommodation between these competing interests based upon the evidence presented to it as part of site plan approval applications.
A.
Landscaping requirements. Any landscaping or planting requirement imposed by the Planning Board or Code Enforcement Officer as part of a site plan approval shall be maintained in a sound, safe and healthy condition at all times.
B.
Visibility on streets and driveways.
(1)
No plantings, fencing or screening device shall impair exit vision from a street or driveway.
(2)
On corner lots there shall be no obstruction to visibility between the height of two feet and 10 feet from grade for a distance of 20 feet from the property corner along both streets.
§ 210-19.1 Fences and walls.
[Added 7-24-2013 by L.L. No. 7-2013]
A.
Legislative findings. The Town Board of the Town of Cicero finds that the installation and maintenance of fences within the Town is an area of concern. The Town Board enacts this section regarding fences because the Town Board recognizes that while property owners may enjoy fences, in the interest of public health, safety and welfare, fences should be installed and maintained in a manner that adequately protects the general public.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
FENCE
Anything constructed and/or placed for the purposes of enclosing and/or dividing property.
C.
Permit required. No fence, wall or other type of construction shall be erected unless a permit has been issued by the Code Enforcement Officer. The provisions of this chapter shall not apply to the owner or premises devoted to full-time agriculture as defined by New York State Department of Agriculture and Markets, when such fence is solely for an agriculture purpose.
D.
Application. An application for permit shall be made to the Code Enforcement Officer, on forms provided by him, and shall contain, at a minimum, the following information:
(1)
A copy of a property survey showing current conditions of the site.
(2)
An accurate plan showing property lines and the location of the proposed new or modified fence on or within the applicant's property lines and the height of the proposed new or modified fence.
(3)
The full name and address of the owner, applicant, and of the contractor, where applicable.
(4)
A brief description of the materials to be used and the type and height of the fence to be installed.
(5)
Such other information as may reasonably be required by the Code Enforcement Officer to establish compliance with all applicable requirements.
E.
Fence regulations:
(1)
This section shall apply to all districts or any parcel of land.
(2)
For lots along the shore or banks of Oneida Lake, Oneida River or Chittenango Creek, no screening device in excess of three feet, nor any plantings (except trees) in excess of two feet, nor any fences more than 50% opaque, shall be allowed in any required front or rear yard. Trees in these areas shall have all branches trimmed to a minimum height of six feet above grade.
(3)
All fences or other screening devices which completely enclose any portion of a lot shall have at least one pedestrian gate at least three feet in width.
(4)
Fences in the required front yard shall be no higher than four feet from grade and shall be no more than 50% opaque.
(5)
Except in one- and two-family districts, all service areas for buildings, i.e., dumpsters, trash areas, etc., shall be screened from view of neighboring properties by a solid, opaque enclosure of at least six feet in height.
(6)
No fence or screening device shall be installed or maintained in any drainage easement.
(7)
Fences may be installed at the perimeter of the property line. Fences may be no more than 48 inches tall and no more than 50% opaque in the front yard, and no more than 72 inches tall in the side and rear yards, with the exception of tennis or recreation courts, which may extend to a height of 144 inches.
(8)
Signs such as "No Trespassing" or other similar signs are not permitted on residential fences.
(9)
Fences shall be constructed of natural material, chain link, vinyl or similar material and shall be generally of a uniform design and finish within each individual lot. The finished side of the fence shall face adjoining properties. Fences shall be white, black or natural colored, and no fluorescent colors shall be permitted.
(10)
Fences shall be of a consistent material along each property boundary.
(11)
The following specific fences and fencing materials are prohibited:
(a)
Barbed-wire fences, except on agriculturally zoned land actively used for farming purposes.
(b)
Canvas fences.
(c)
Cloth fences.
(d)
Aboveground electrically charged fences, except on agriculturally zoned land actively used for farming purposes.
(e)
Temporary fences, except where necessary to protect public health, safety and welfare. Such temporary fences shall be removed within 30 days after the circumstances warranting the temporary fence have abated.
(f)
Expandable and collapsible fences, except during improvements to real property.
(g)
Snow fences, except between November 1 and April 15.
(12)
To the extent that this section conflicts with other provisions of the Cicero Town Code with respect to fences in any districts, this section shall control.
(13)
This section shall not supersede any fencing requirements with respect to swimming pools.
F.
Fence maintenance.
(1)
Fences shall be maintained in a safe and substantial condition.
(2)
The Code Enforcement Officer shall notify a property owner in writing of any fence that does not comply with this section. Said property owner shall have 30 days to comply with the provisions of this section. Failure to comply shall be punishable in accordance with this chapter.
(3)
For lots along the shore or banks of Oneida Lake, the Oneida River or Chittenango Creek, no screening device in excess of three feet, nor any plantings (except trees) in excess of two feet, nor any fences more than 50% opaque, shall be allowed in any required front or rear yard. Trees in these areas shall have all branches trimmed to a minimum height of six feet above grade.
§ 210-20 Storage of recreational vehicles and trailers.
[Amended 6-24-2024 by L.L. No. 5-2024]
Recreational vehicles such as campers, RVs, boats, water craft, snowmobiles, trailers and the like may be stored on the owner's property, provided that such vehicles are no closer than two feet to the rear or side property lines and no closer than 10 feet to the front property line, provided further that only one of each of the following items may be stored on a parcel used primarily for residential purposes that is one acre or less in size: camper, RV, boat, and trailer, and provided further that vehicular visibility is not impaired. No such vehicle shall be used as living quarters, nor shall it be hooked up to any utilities, water or sewer.
§ 210-21 Grading.
No grading or cut and fill activities shall be carried out in any district which leaves the slope of the finished land in excess of one to two.
§ 210-22 Prohibited uses.
[Amended 2-8-2023 by L.L. No. 3-2023; 6-24-2024 by L.L. No. 5-2024]
Notwithstanding any other provision of the Town Code, the following uses are prohibited in all districts except as specifically set forth herein or as specifically allowed in a Planned Unit Development District established for that use.
A.
Junkyards.
B.
Bulk storage of combustible materials including explosives.
C.
Smelters and/or blast furnaces.
D.
Slaughterhouses, rendering plants or hide tanning and/or curing facilities.
E.
Manufacture or processing of fertilizer, bone, rubber, asphalt, ammonia or chlorine.
F.
Manufacture or refining of petroleum, gas or explosives.
G.
Dumps.
H.
Mobile homes, except as may be permitted pursuant to § 210-15.
I.
Tier 3 solar energy systems as defined in § 208-3 in districts other than Commercial Solar.
J.
Storage of rubbish or solid waste as the same is defined in § 94-2 of the Town Code.
§ 210-23 Excavation and demolition.
Within six months after work on an excavation for a new building has begun or within six months after a building has been demolished or abandoned, all structural materials shall be removed from the site and the excavation thus remaining shall be filled to the normal grade. Any excavation having slopes in excess of one to two shall be protected by a fence at least four feet high.
§ 210-24 Height exceptions.
Radio or television transmission or receiving towers as accessory uses to residences shall be allowed only upon site plan approval by the Planning Board.
§ 210-25 Nonconforming uses and lots.
A.
Nonconforming lots. Any residentially zoned lot which has not been improved and which has been held in single and separate ownership since a date prior to July 29, 1972, or any subsequent amendment of this chapter which as a result of the adoption of this chapter or any subsequent amendment hereto does not have sufficient area, width or depth shall be deemed, nevertheless, to comply with such minimum lot requirements, and no variance shall be required to obtain a building permit to construct a single-family dwelling thereon, provided that:
(1)
Such lot does not adjoin other lot or lots held by the same owner at any time subsequent to July 29, 1972, or any amendment to this chapter increasing required lot dimensions.
(2)
The proposed dwelling and/or yard and bulk dimensions comply with all other zoning regulations for that district.
B.
Limitations on nonconforming uses and structures.
(1)
Whenever a nonconforming use or structure is abandoned or discontinued for a continuous period of one year or more, such use or structure shall not be reestablished or occupied except in conformity with the provisions of this chapter.
(2)
Any nonconforming building or structure or building or structure containing a nonconforming use which is damaged by fire or other causes shall not be reoccupied, reused and/or repaired or reconstructed except in conformity with this chapter unless such repair or reconstruction is completed within 12 months of the damage. Failure to so repair or reconstruct within 12 months of the damage shall cause a nonconforming use to be automatically terminated. The Town Board is empowered to extend this period upon receipt of a written request from the owner at least 30 days in advance of the expiration of the twelve-month period. Nothing contained herein shall allow such nonconforming use to be expanded in any way.
[Amended 7-13-2011 by L.L. No. 5-2011]
(3)
A nonconforming structure or nonconforming use, as those terms are defined in § 210-4 of this chapter, may be improved, provided that such improvement does not expand the property's nonconformity or nonconformities.
[Amended 4-24-2019 by L.L. No. 10-2019]
(4)
A nonconforming mobile home or house trailer shall not be replaced by another mobile home or house trailer.
§ 210-26 Mobile homes. [1]
Mobile homes or house trailers, whether single- or double-wide, are prohibited in all districts except in established mobile home parks or pursuant to a duly approved Planned Unit Development District.
[1]
Editor's Note: See also Ch. 140, Mobile Homes.