Chapter 10.75


10.75.010    Purpose.

10.75.020    Permitted uses.

10.75.030    Conditional uses.

10.75.040    Minimum project standards.

10.75.050    Development plan and agreement requirements.

10.75.060    Street design.

10.75.070    Off-street parking and loading.

10.75.080    Signs.

10.75.090    Land use approval process.

10.75.010 Purpose.

The purpose of this zone is to allow diversification in the relationship of residential uses to its sites and permit directed flexibility of site design. Further, its intent is to encourage a more efficient use of the land and the reservation of a greater proportion of common space for recreational and visual use than other residential zones may provide and to encourage a variety of dwelling units that allow imaginative concepts of neighborhood and housing options and provide variety in the physical development pattern of the City. This will allow the developer to more closely tailor a development project to a specific user group, such as retired persons.

The intent of this zone is to encourage good neighborhood design while ensuring compliance with the intent of the subdivision and zoning ordinances. The development shall contain common or open space and amenities for the enjoyment of the planned community that are developed and maintained through an active homeowners’ association or similar organization with appointed management. [Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-15-010.]

10.75.020 Permitted uses.

The following are permitted uses by right provided the parcel and building meet all other provisions of this title and any other applicable ordinances of Syracuse City:

(A) Accessory uses and buildings (maximum 200 square feet; only allowed with nonattached dwelling units).

(B) Churches, synagogues, and temples.

(C) Dwelling units, single-family.

(D) Dwelling units, townhome duplex, triplex, fourplex, fiveplex, or sixplex. No apartments.

(E) Educational services.

(F) Household pets.

(G) Private parks.

(H) Public and quasi-public buildings.

(I) Residential facilities for persons with disabilities and assisted living centers. [Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-15-020.]

10.75.030 Conditional uses.

The following may be permitted conditional uses, after approval as specified in SCC 10.20.080:

(A) Day care centers (major). Nonattached dwellings only.

(B) Home occupations (minor or major). Major CUP limited to nonattached dwellings.

(C) Temporary commercial uses (see SCC 10.35.050) (minor).

(D) Temporary use of buildings (see SCC 10.30.100(A)(12)) (minor). [Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-15-030.]

10.75.040 Minimum project standards.

All lots shall be developed and all structures and uses shall be placed on lots in accordance with the following standards:

(A) Density. Density shall be allowed according to the following conditions. If a property meets the following requirements, it is not intended to be construed that the City Council must automatically approve the application. The legislative powers are nevertheless available to disapprove a zoning or general plan map amendment application as deemed necessary by the Council.

(1) Six units per acre are allowed when:

(a) The proposed project has frontage upon a collector road.*

(2) Nine units per acre are allowed only when one of the following is met:

(a) Have frontage and access upon an arterial road.*

(b) Share a property line with an existing general commercial, professional office, or industrial development.

(3) Twelve units per acre are allowed only when three of the following are met:

(a) Have frontage and access upon a major arterial* that is owned and maintained by the State Department of Transportation.

(b) Be within the town center overlay zone.

(c) Have frontage upon the intersection of either two arterials or a collector and an arterial road.*

(d) Is located within one-quarter mile walking distance to bus, train, or other public transit stop/station and has frontage and access upon an arterial roadway.*

*(4) Road classifications are identified in the adopted transportation master plan’s existing street network.

(B) Common Space. A minimum of 20 percent of the gross acreage of the project shall be developed as common space, or with an in-lieu payment and common space as detailed in subsection (B)(2) of this section.

(1) Common space areas shall:

(a) Be landscaped by the developer with turf, trees, shrubs, ground cover, amenities, and an automatic sprinkling system.

(b) Be equally accessible and distributed for all residents of the HOA community. Access by the general public may be included as agreed upon in a development agreement.

(c) Be generally contiguous, not a collection of remnants.

(d) Create an open atmosphere where development does not feel overly intense.

(e) Not include required front, side, and rear yard areas towards common space acreage.

(f) Be administered by an active homeowners’ association.

(g) Be permanently restricted from future development and shown on the subdivision plat as perpetually common.

(h) Include multiple amenities from the following list: club house, tennis court, pickleball court, basketball court, playground, community garden, picnic shelter, swimming pool, park benches, walking trails, outdoor exercise equipment, dog park, or splash pad. City Council shall approve all proposed amenities and may approve an amenity not included in this list.

(i) Include approved amenities in each segment of common area; landscaping alone does not qualify a segment as common space.

(j) Common spaces shall be installed proportional to the progress of the development. Common space amenities not completed before the recording of the phase that it resides in shall be guaranteed with an escrow agreement amount equivalent to the cost to install said amenity.

(2) In-Lieu Fee for Required Common Space. An in-lieu fee may be accepted for the development of a nearby City park under the following conditions:

(a) The developer initiates a request to pay a fee in lieu of required common space by petitioning the City at the same time that the concept plan is under review.

(b) The proposed project shall be located within one-half mile (measured in a straight line) of an existing or future Syracuse City park as identified in the adopted parks master plan. Measurement shall be made from the nearest property line of the park to the nearest property line of the development project.

(c) The in-lieu fee shall not be approved if any portion of the proposed development is further than one mile from the nearest receiving park property boundary.

(d) The park property to receive the fee money shall be identified and approved in conjunction with the concept plan.

(e) Qualification of an off-site location to receive in-lieu-of-common-space fees shall be approved by City Council based upon the development needs and priorities stated in the adopted parks master plan, and such qualification shall be decided at the time that the Council reviews the concept plan.

(f) The spending of in-lieu fees shall be limited to the determined off-site receiving location and for no other civic or private use.

(g) If the City Council does not accept the request for in-lieu fees based off the qualifiers stated herein, the development shall build the on-site common space as required by the RPC zone.

(h) If a fee is accepted in lieu of common space, the project will nevertheless be required to build at a minimum: one on-site common amenity such as a tot lot, sport courts, and/or pool occupying at least five percent of the total project land area. All on-site landscaping and common space amenities shall be maintained by an HOA.

(i) The fee money will be due to the City prior to recording of the final subdivision plat proportionate to each phase as applicable.

(j) Development may be allowed on the land that has been accounted for through the collection of in-lieu fees at a density not to exceed the maximum units per acre prescribed by the zone.

(k) In-lieu fees shall be calculated on an individual basis. In-lieu fee amount shall be roughly equivalent to the value of forgone on-site common space area(s) and improvements. Fees shall be determined using mutually accepted methods for cost estimating the dollar amount needed to build the equivalent park improvements and acquire the land needed for said park space. Credit for on-site common space developed beyond the minimum five percent identified in subsection (B)(2)(h) of this section, and actually built within the development, may be subtracted from the estimated fee due.

(l) The agreed upon fee amount, percentage of provided on-site and off-site in-lieu fee, and park development cost per square foot shall be included in a development agreement.

(3) The aesthetic and landscaping proposals shall provide for trees and shrubs that break up the look of having the same building style duplicated throughout the development and shall be in accordance with the Architectural Review Guide.

(C) The development design shall include direct automobile access to an arterial, or collector roadway, by way of a full width and dedicated right-of-way designed for the movement of automobile traffic or private access road meeting International Fire Code (IFC) standards.

(D) Lot Width. Determined by development plan.

(E) Front Yard. Twenty feet.

(F) Side Yards. A minimum of 10 feet between primary structures and five feet from the property line. If the height of the structure exceeds two stories, then the minimum side yard shall then be 16 feet between primary structures and eight feet from the property line.

(G) Rear Yard. A minimum of 15 feet.

(H) Building Height. As allowed by current adopted building code, with a maximum height of 35 feet to the top of the roof structure. Units located adjacent to single-family detached homes, or units that are within the density category of six units per acre as specified within subsection (A) of this section, shall be limited to a maximum of two stories and/or 30 feet, whichever is shorter.

(I) Architecture.

(1) Horizontal rooflines visible from a public street shall feature breaks or variation at a minimum of every 30 feet. Variation can be accomplished by:

(a) Vertical offset in ridge line;

(b) Gables;

(c) False parapets;

(d) Exaggerated cornices;

(e) Dormers;

(f) Vegetated terraces; or

(g) Other architectural features such as trellises, cornices, portals or porches.

(2) Duplicating building facades on the same side of the street shall not be allowed more frequently than every third building or in a repeating pattern.

(3) Garages shall not be the major architectural feature of the building.

(4) Garages are encouraged to be recessed from the front facade, or be side or rear fed.

(5) All units shall feature a front porch or balcony with sufficient space for two seats and a walkway.

(6) Buildings shall be positioned on the site so that all front doors face the public road or private drive.

(7) When a unit has frontage onto both a public road and private drive, the front door shall face the public road.

(8) Architectural variation between each household unit is required. [Ord. 20-05 Exh. A; Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1998; Code 1971 § 10-15-040.]

10.75.050 Development plan and agreement requirements.

(A) Subdivision ordinance requirements shall generally apply to planned residential communities. The developer shall submit a residential development plan of all project phases for City consideration and approval and shall integrate the proposed development plan into a development agreement between the developer and City. The development agreement shall undergo an administrative review process to ensure compliance with adopted City ordinances and standards with approval by the City Council. The subdivider shall develop the property in accordance with the development agreement and current City ordinances in effect on the approval date of the agreement, together with the requirements set forth in the agreement, except when federal, state, county, and/or City laws and regulations, promulgated to protect the public’s health, safety, and welfare, require future modifications under circumstances constituting a rational public interest.

(B) A planned residential development must have a minimum of three acres.

(C) Repealed by Ord. 19-04.

(D) The development agreement shall show the location and building elevations with exterior building materials, size, and general footprint of all dwelling units and other main buildings and amenities.

(E) The development agreement shall include landscaping, fencing, and other improvement plans for common or open spaces, with the landscaping designed in accordance with an approved theme to provide unity and aesthetics to the project. The plan shall include all special features, such as ponds, fountains, signs, walking paths, inviting entryways, etc., together with a landscape planting plan. Common space should be the emphasis for the overall design of the development, with various community facilities grouped in places well related to the common space and easily accessible to pedestrians.

(F) A planned residential community shall be of sufficient size, composition, and arrangement to enable its feasible development as a complete unit, managed by a legally established homeowners’ association and governed by enforceable, duly recorded CC&Rs.

(G) The development agreement shall include a building theme showing detail in the unification of exterior architectural style, building materials, and color and size of each unit; however, the intent is not to have the design so dominant that all units are identical. Residential dwellings shall comply with SCC 10.30.020. [Ord. 20-05 § 1 (Exh. A); Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-15-050.]

10.75.060 Street design.

The land use authority may approve an alternative street design. The developer may dedicate street rights-of-way to the City so long as they are built per the City’s standard street section as found in the public works department adopted development standards. Private access roads not meeting the city’s street standards shall at a minimum meet the fire code as directed by the Fire Marshal and be maintained by and dedicated to an HOA. [Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; Code 1971 § 10-15-070. Formerly 10.75.070.]

10.75.070 Off-street parking and loading.

An enclosed garage shall be provided for car parking with each unit and a minimum of 50 percent of the units shall have a two-car garage. If the unit features a side or rear-fed garage, on-street parallel parking stalls may be counted towards the required visitor parking. On-street stalls shall be well marked with paint. Otherwise, off-street parking and loading shall be as specified in Chapter 10.40 SCC. [Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-15-080. Formerly 10.75.080.]

10.75.080 Signs.

The signs permitted in this zone shall be those allowed in residential zones by Chapter 10.45 SCC. [Ord. 19-04 § 1 (Exh. A); Ord. 16-26 § 1 (Exh. A); Ord. 15-07A § 1 (Exh. A); Ord. 12-01 § 1; Ord. 11-04 § 6; Ord. 11-02 § 1 (Exh. A); Ord. 08-07 § 1 (Exh. A); Ord. 06-27; Ord. 06-17; amended 1991; Code 1971 § 10-15-090. Formerly 10.75.090.]

10.75.090 Land use approval process.

(A) Due to the unique nature of planned residential developments, an alternate approval process is hereby adopted. This process is adopted to ensure that the land use authority has a clear understanding of the nature of the proposed development prior to giving zone approval, and then expediting development after approval is given. It also calls for more detailed plans as the project develops, so that a property owner will have opportunities to receive input from the City Council on the project prior to investing in detailed plans.

(B) Requests for general plan map amendment, pursuant to SCC 10.20.060, shall be accompanied by the documents required for a subdivision concept plan, as provided in Chapter 8.20 SCC, for the entire development. These items shall be considered concurrently, with input provided by the Planning Commission and City Council to the property owner during the approval process. The City Council is the land use authority for this joint application, with the Planning Commission acting in a recommending capacity.

(C) Requests for an amendment to the zoning map, pursuant to SCC 10.20.070, shall be accompanied by the documents required for a preliminary subdivision review, as provided in Chapter 8.25 SCC, for the entire development. The application shall also be accompanied, to the extent Chapter 8.25 SCC does not require it, by:

(1) Master plan, including lot sizes and densities for each lot;

(2) Circulation plan;

(3) Architectural theme plan; and

(4) Landscaping theme plan.

(D) The preliminary subdivision plat shall be considered concurrently with the zoning map amendment. The City Council is the land use authority for this joint application, with the Planning Commission acting in a recommending capacity. Once approved, the preliminary subdivision plat shall be considered a binding zoning document. The applicant must also execute a development agreement in connection to the zoning map amendment.

(E) Final subdivision approval for each phase of development for a master planned community shall proceed as provided in Chapter 8.30 SCC.

(F) The entirety of the proposed project must be presented and approved in one approval process. After the City Council grants preliminary approval of a development, no additional phases may be added.

(G) PRD zone entitlement is contingent upon the developer following the concurrently approved preliminary subdivision plat and the required development agreement. The development agreement shall run with the land and remain in force for the original developer. All subsequent owners of at least five percent of the land originally proposed to be developed shall be bound to the terms of the original agreement and plat until the conclusion of development. Failure of the developer to comply with the terms of the development agreement or preliminary subdivision plat may result in the Council reverting zoning back to the designation that existed prior to the zoning map amendment. [Ord. 19-04 § 1 (Exh. A).]