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