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]
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.
[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.
(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.
[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.
[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.
FENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Recreational vehicles such as campers, RV's,
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, 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.
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.
The following uses are prohibited in all districts
except as they may be specifically allowed in a Planned Unit Development
District designed for that purpose:
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.
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.
Radio or television transmission or receiving
towers as accessory uses to residences shall be allowed only upon
site plan approval by the Planning Board.
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:
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.
