Cicero Town City Zoning Code
ARTICLE IV
Zoning District Regulations
§ 210-10 Agricultural AG District.
A.
Permitted uses. In Agricultural AG Districts, the following uses are permitted:
(1)
Agricultural use.
(2)
One-family dwelling.
(3)
Private garages, not exceeding 1,300 square feet in area for parcels of one acre or less and not exceeding 2,400 square feet in area for parcels of one acre or more, when used as an accessory use to the principal residential use of the property.
[Amended 7-24-2013 by L.L. No. 7-2013; 7-12-2017 by L.L. No. 6-2017]
B.
Site plan uses. The following uses are permitted subject to site plan approval as set forth in this Code:
(1)
Tourist home/bed-and-breakfast.
(2)
Veterinary hospital or veterinary clinic.
[Amended 1-24-2005 by L.L. No. 3-2005]
(3)
Parking lot for special events.
(4)
Agriculture-related sales or service businesses, provided that total business area, including display area, does not exceed 5,000 square feet.
(5)
Quarry.
(6)
Aircraft landing field.
(7)
Religious institution.
(8)
School.
(9)
Outdoor recreation.
(10)
Stable.
(11)
Cemetery.
(12)
Short-term parking which supports an allowed use on or off site, but not including storage.
(13)
Enclosed storage.
(14)
Public utility structure.
(15)
Home occupation.
(16)
Accessory use.
(17)
Other uses which, in the opinion of the Planning Board, are similar in character to those listed above.
C.
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
D.
Supplementary regulations. Supplementary regulations are as set forth in Article VI below. Nonresidential uses, excluding agricultural, require site plan approval.
E.
Special use permit. A special use permit issued by the Town Board shall be required for all site plan uses set forth in Subsection B, except for those set forth in Subsection B(4), (7), (8), (15), and (16), as well as other uses similar in character thereto.
[Added 5-10-2023 by L.L. No. 8-2023]
§ 210-11 Residential Districts.
[Amended 7-24-2013 by L.L. No. 7-2013; 7-12-2017 by L.L. No. 6-2017; 3-13-2024 by L.L. No. 3-2024]
A.
Districts established. The following residential use districts are established: R-20, R-15, R-12, R-10, R-M, and R-MX.
B.
Permitted uses. In all residential use districts one of the following uses is permitted as of right on each lot:
(1)
One-family residence.
(2)
Enclosed accessory building use.
(3)
R-M Districts only: two-family dwellings, townhouses.
(4)
Private garages, not exceeding 1,300 square feet in area for parcels of one acre or less and not exceeding 2,400 square feet in area for parcels of one acre or more, when used as an accessory use to the principal residential use of the property.
C.
Site plan uses. In all residential use districts one of the following uses is permitted subject to site plan approval as set forth in this Code:
(1)
Home occupation.
(2)
Golf course.
(3)
Public utility substation.
(4)
Clinic.
(5)
School.
(6)
Religious institution.
(7)
Community center.
(8)
R-M and R-MX Districts only: multiple-family residences.
(9)
R-MX District only: apartment buildings (including any mixed-use or nonresidential component thereof) containing no more than four apartments; apartment complexes consisting of no more than two apartment buildings.
D.
Special use permit.
(1)
The following uses are permitted in R-MX Districts only and are subject to both site plan approval as set forth in this Code and a special use permit issued by the Town Board:
(a)
Apartment buildings (including any mixed-use or nonresidential component thereof) containing more than four apartments.
(b)
Apartment complexes consisting of more than two apartment buildings.
(c)
Multiple-family complexes.
(2)
Applicants shall apply to the Town Board for a special use permit prior to applying to the Planning Board for site plan approval.
(3)
In determining whether to issue a special use permit, the Town Board, shall, after a public hearing, consider the following:
(a)
The size, scale, and density of the proposed use and its compatibility with, and impact upon, nearby properties;
(b)
The aesthetic and architectural character of the proposed use, including but not limited to building height, setbacks, green space, building materials, landscaping, and overall site layout;
(c)
The impact of the proposed use upon Town resources and infrastructure, and the extent to which such impact will be offset by the tax or other revenue therefrom;
(d)
Whether the proposed use is part of, or integral to, a larger proposed nonresidential development on adjoining parcels or on parcels in the immediate vicinity;
(e)
The potential benefit, if any, to the Town of the proposed use; and
(f)
Any other factor that the Town Board deems appropriate.
(4)
Expert fees and expenses incurred by the Town during the process of reviewing an application for a special use permit or site plan shall be fully chargeable to the applicant. The Town Board and/or Planning Board may, at their sole discretion, require a reasonable deposit to be paid by the applicant in anticipation of said fees and expenses. Such fees and expenses may include but shall not be limited to architectural and engineering review, an independent traffic study, and fiscal analysis.
E.
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
F.
Supplemental regulations. Supplemental regulations, such as signage, parking, screening and the like are set forth in Article VI below.
§ 210-12 Commercial Districts.
A.
Districts established. The following commercial use districts are established: Neighborhood Commercial (NC), General Commercial (GC) and Regional Commercial (RC)
B.
Site plan required. All uses allowed in Commercial Districts are subject to site plan approval as set forth in this Code.
C.
Uses permitted in all Commercial Districts. The following uses are allowed in all commercial use districts:
(1)
Retail sales and services with or without attached dwelling.
(2)
Offices.
(3)
Community centers.
(4)
Religious institutions.
(5)
Public utility substations.
(6)
Uses accessory to the above, including parking.
(7)
Other commercial uses if the Planning Board finds that the proposed use meets the statement of intent and is of the same general character, size, scale and intensity as those allowed.
D.
Neighborhood Commercial District.
(1)
Statement of intent. The Neighborhood Commercial District is designed and intended to provide for relatively small, stand-alone commercial uses whose primary market is the immediate neighborhood of the enterprise. Such uses are located on Town highways or relatively nonintense county highways and are characterized by their small size (less than 5,000 square feet) and their low traffic generation.
(2)
Allowable uses. Only those uses set forth in Subsection C above are allowed in the Neighborhood Commercial District.
(3)
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
(4)
Supplemental regulations. Supplemental Regulations, such as signage, parking, screening and the like, are set forth in Article VI below.
E.
General Commercial District.
(1)
Statement of intent. The General Commercial District is designed to provide for those medium-sized commercial uses whose primary market is Town-wide. Such uses tend to be located on county or state highways of medium to high traffic volume. The size of such uses generally should not exceed 50,000 square feet.
(2)
Allowable uses. In addition to those uses set forth in Subsection D above, the following uses are allowed:
(a)
Shopping centers.
(b)
Hotels and motels.
(c)
Gas/service stations and car-wash facilities.
(d)
Restaurants and drive-in activities.
(e)
Health-related facilities.
(f)
Light assembly.
(g)
Automobile sales and service, including recreational vehicles and boats.
(h)
Veterinary clinic, provided that animal boarding is not allowed within 200 feet of the nearest residentially zoned parcel.
[Added 1-24-2005 by L.L. No. 3-2005][1]
[1]
Editor's Note: Former Subsection E(2)(i), regarding apartments in the General Commercial District, which was added 4-13-2016 by L.L. No. 4-2016 and immediately followed this subsection, was repealed 1-22-2020 by L.L. No. 1-2020.
(3)
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
(4)
Supplemental regulations. Supplemental Regulations, such as signage, parking, screening and the like, are set forth in Article VI below.
F.
Regional Commercial District.
(1)
Statement of intent. The Regional Commercial District is designed to provide for those large-scale commercial enterprises which draw on a market at least county-wide. Such uses are only located on or near county, state or federal highways and are usually easily accessible from interstate highways. These uses are characterized by their high traffic generation characteristics and tend to be no smaller than 10,000 square feet.
(2)
Allowable uses. In addition to those uses set forth in Subsection E(2) above, the following uses are allowed:
(a)
Parking lot.
(3)
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
(4)
Supplemental regulations. Supplemental regulations, such as signage, parking, screening and the like, are set forth in Article VI below.
G.
General Commercial Plus District.
[Added 9-10-2007 by L.L. No. 8-2007]
(1)
Statement of intent. The General Commercial Plus District is designed and intended to provide for a co-existence between commercial uses and light industrial uses.
(2)
Allowable uses. In addition to those uses set forth in Subsections C, D and E(2) above, the uses specified below are allowed.
(a)
Parking garages.
(b)
Parking lots.
(c)
Warehousing and distribution facilities.
(d)
Automotive repair and/or garage facilities.
(e)
Manufacturing/assembly.
(f)
Other uses if the Planning Board finds that such proposed use meets the Statement of Intent and is of the same general character and intensity as those uses allowed. The Planning Board is authorized to construe this Subsection G(2)(f) liberally and broadly so as to allow for a co-existence between commercial uses and light industrial uses in a General Commercial Plus District.
(3)
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
(4)
Supplemental regulations. Supplemental regulations, such as signage, parking, screening and the like, are set forth in Article VI below.
H.
Commercial Solar District.
[Added 2-8-2023 by L.L. No. 3-2023]
(1)
Statement of intent. The Commercial Solar District is designed to provide for Tier 3 solar energy systems as defined in § 208-3 of Town Code.
(2)
Allowable uses. The only permitted use in a Commercial Solar District is the installation, maintenance, and operation of Tier 3 solar energy systems.
(3)
Bulk regulations. The bulk regulations for the district are set forth in Article V below.
(4)
Supplemental regulations. Supplemental regulations, such as signage, parking, screening, and the like, are set forth in Article VI below.
§ 210-13 Industrial District.
A.
Statement of intent. The Industrial Use District is designed to provide for those uses characterized by high volumes of truck traffic and/or which have a tendency to be noisy or otherwise a nuisance if proximate to residential uses. Such uses are generally located on county, state or federal highways suitable for a high volume of truck traffic and are located away from residential concentrations.
B.
Site plan required. All uses allowed in the Industrial District are subject to site plan approval as set forth in this Code.
C.
Allowable uses. Only those uses set forth below are allowed in an Industrial District:
(1)
Manufacturing.
(2)
Warehousing and distribution facilities.
(3)
Trucking terminals.
(4)
Sales, service and/or repair of heavy equipment or machinery.
(5)
Contractor's storage yard.
(6)
Automotive repair and/or garage facilities.
(7)
Public utility facilities.
(8)
Public storage.
(9)
Other industrial uses if the Planning Board finds that such proposed use meets the statement of intent and is of the same general character and intensity as those uses allowed.
D.
Prohibited uses. Particularly noxious or inherently dangerous uses, such as rendering plants, explosives manufacture and/or storage, bulk storage and/or sale of liquid or gaseous combustibles, et cetera, are specifically prohibited and may only be allowed in the Town in a Planned Unit Development District.
E.
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
F.
Supplemental regulations. Supplemental regulations, such as signage, parking, screening and the like, are set forth in Article VI below.
§ 210-14 Planned Unit Development District.
A.
Statement of intent. The Planned Unit Development District is designed in recognition of the fact that not all reasonable land uses are provided for in this chapter. Further, it may be possible on a particular site that a mix of uses not otherwise provided for would be a reasonable evaluation of the Comprehensive Plan of the Town and would serve to promote the general welfare of the public.
B.
Preliminary discussion. By reason of the fact that an applicant does not have a right to a Planned Unit Development District designation and the fact that such a designation requires the adoption of a law by the legislative body, it is recommended (although not required) that an applicant have a preliminary discussion with the Town Board prior to making any formal applications. The purpose of this preliminary discussion is to obtain a general expression of the acceptability of the concept proposed.
C.
Steps for creation of district. The creation of a Planned Unit Development District involves the following steps:
(1)
Review of a preliminary development plan by the Planning Board and the Town Board.
(2)
Preparation of a detailed development plan and review of this plan by the Planning Board.
(3)
A formal recommendation regarding the plan from the Planning Board to the Town Board.
(4)
Adoption of a law by the Town Board creating the Planned Unit Development District.
D.
Procedure. The following procedure shall be followed in the creation of a Planned Unit Development District:
(1)
The owner of the land shall apply in writing for a change in district to a Planned Unit Development District and shall submit two copies of a preliminary development plan and any other supplementary material as described in Subsection E.
(2)
The Planning Board shall discuss the proposed application for a change in district and shall review the preliminary development plan with the owner at a meeting of the Planning Board. The Planning Board shall prepare general recommendations with regard to the preliminary development plan and the proposed change in district.
(3)
The Planning Board shall send a copy of its recommendations to the owner, indicating its approval in principle, or its disapproval, concerning the proposed change in district and the preliminary development plan. If the proposed change in district and preliminary development plan are approved in principle, the Planning Board shall state any specific changes it will require and authorize the owner to submit a formal application and development plan.
(4)
The owner shall submit three copies of an application for a change in district and three copies of a development plan, and any other supplementary material as described in Subsection F.
(5)
The Planning Board shall discuss the proposed change in district and the development plan with the owner at a public meeting. The Planning Board will submit its findings with regard to the proposed change in district and the development plan as required by Subsection F.
(6)
After receipt of the Planning Board's recommendations, public notice shall be given and a public hearing held by the Town Board on the proposed change of district, as provided by the law in the case of an amendment to this chapter.
(7)
After the public hearing, this chapter may be amended so as to define the boundaries of the Planned Unit Development District, but such action shall have the effect only of granting permission for development of the specific proposal, in accordance with this chapter, within the area so designated with the development plan submitted. If the change of district and development plan is approved, an appropriate notation to that effect will be made on the face of the three copies of the development plan. One copy will be retained by the Clerk, one copy will be given to the Planning Board and one copy will be returned to the owner.
(8)
When the owner desires to proceed with the next phase of the development plan, approval shall be obtained as described in Subsection F.
E.
PD, preliminary development plan: first submission. The owner shall submit a preliminary development plan to the Planning Board for review, which shall include the following information presented in drawn form and which may be accompanied by a written text:
(1)
Proposed site plan, showing building locations and land use areas.
(2)
Proposed traffic circulation, parking areas and pedestrian walks.
(3)
Proposed landscaping layout.
(4)
Proposed construction sequence for building, parking spaces and landscaped areas.
(5)
Availability of existing and proposed utilities, schools, parks and playgrounds.
F.
PD, development plan, second submission.
(1)
The owner shall submit a development plan to the Planning Board for review, together with the application for a change of district classification and a certified check in the amount of 1% of the cost of the required improvements, as determined by the Town Engineer to meet the costs of inspection and review of required improvements, unless the improvements are to be provided by special district.
(2)
The development plan shall be prepared by an architect, landscape architect, engineer, land surveyor or planner and shall include the following information presented in drawn form and which may be accompanied by a written text:
(a)
Survey of the property, showing existing features of the property, including contours, buildings, structures, trees over four inches in trunk diameter, streets, utility easements, rights-of-way, land use, and utility extensions from surrounding contiguous property.
(b)
Site plan showing proposed building locations and land use areas.
(c)
Traffic circulation, parking and loading spaces and pedestrian walks.
(d)
Landscaping plans, including site grading and landscape design.
(e)
Preliminary engineering plans, including street improvements, drainage system, and public utility extensions.
(f)
Preliminary drawings for buildings delineated to be constructed in the current phase, including floor plans, exterior elevations and sections.
(g)
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Planning Board.
(h)
Construction sequences and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
(i)
Blocks and lots in accordance with Town of Cicero numbering system.
(3)
This development plan shall be in general conformance with the approved preliminary development plan. Planned development approval shall be secured by the owner for each phase of the development. Such approval shall be valid for two years, at which time, unless the proposed development has been completed, the development plan approval shall be reviewed.
G.
PD findings required. The Planning Board, after determining that all the requirements of this chapter dealing with Planned Unit Development Districts have been met, shall recommend the approval, approval with modifications, or disapproval of the development plan. The Planning Board shall enter its reasons for such action in its records. The Planning Board may recommend to the Town Board the establishment of a Planned Unit Development District, provided that it finds that the facts submitted with the development plan establish that:
(1)
The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved under any other district.
(2)
Land surrounding the proposed development can be planned in coordination with the proposed development and that it is compatible in use.
(3)
The proposed change to a Planned Unit Development District is in conformance with the general intent of the Comprehensive Master Plan.
(4)
Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
(5)
Exiting and proposed utility services, including but not limited to water, sanitary sewer and stormwater sewer, are adequate for the proposed development.
(6)
Each phase of the proposed development, as it is proposed to be completed, must contain the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
(7)
The proposed Planned Unit Development District and all proposed buildings, parking spaces and landscape and utility areas can be completely developed within five years of the establishment of the district.
H.
Modifications and amendments to an existing PDD. [Note: This subsection describes how changes are addressed after a PDD has been adopted, constructed and/or occupied. All changes to an existing PDD will be regulated by the following provisions: changes that will affect individual lots that have been subsequently established after the PDD adoption will require approval by the Commissioner or the ZBA; changes that are directed to the entire PDD or to an identified stage of the PDD will require review by either the Planning Board or Town Board depending on the perceived effect.]
[Added 2-14-2018 by L.L. No. 1-2018]
(1)
Minor modifications affecting one property. The Commissioner of Planning and Development shall evaluate all modifications and may either refer the proposal for consideration of a variance by the ZBA or approve minor modifications for development with the POD pursuant to the following:
(a)
Thresholds:
[1]
The proposed change is applicable to one property within the POD.
[2]
The proposed change complies with the land use, dimensional and performance standards.
[3]
There is no change in the defined land use.
[4]
The basic physical relationship and function of buildings and improvements are maintained.
(b)
Criteria: The Commissioner can find that the proposed modification does not require any modification of applicable standards, substantially alter the property from the approved plan and does not change the relationship to surrounding properties or improvements.
(c)
Procedure: The Commissioner shall process and document the approval of such modifications in a manner consistent with the general procedural and enforcement provisions of this Code. The Commissioner may issue a building permit, certificate of compliance or similar approvals (e.g., minor subdivision or site plan adjustments) when authorized by this Code.
(d)
Waivers of POD standards: The Commissioner finds that the change for a proposed development, improvement, or modification fails to comply with the land use, dimensional or performance standards adopted for the specific PDD and shall be subject to the procedures and standards for issuance of a use or area variance by the Zoning Board of Appeals.
(e)
Transfer to Planning Board or Town Board: The Commissioner may require any requested modification to be submitted for a PDD intermediate design and land use modification by the Planning Board or, for a major modification, to the Town Board.
(2)
Intermediate modifications; project plan amendment. Existing or approved PDD land uses, structures and improvements may be altered or modified after the effective date of PDD adoption. Unless otherwise required by the Town Board or Planning Board, such modifications shall be subject to the issuance of a project plan amendment by the Planning Board, pursuant to the following:
(a)
Thresholds:
[1]
There are changes in type or location of approved land uses within the same general land use category (e.g., residential, commercial, industrial) and within the same PDD section identified in the approved project plan.
[2]
Increase in floor area in excess of 10% of a principal or accessory structure.
[3]
Demolition of a principal structure, except where mandated by an appropriate official in the interest of public safety.
[4]
Establishment or realignment of new streets or other public/common areas.
[5]
Any change, except routine replacement and maintenance, to landscaping, open space, parking, public facilities or other improvements addressed in the project plan.
(b)
Criteria: The Planning Board shall find that the proposed modification does not substantially alter any modification of applicable standards, maintains the basic relationship of the property to the approved project plan and maintains the basic relationship to surrounding properties or improvements.
(c)
Procedure: The Planning Board shall review and consider a project plan amendment under procedures set forth in this section for adoption of a project plan (Step 2), except that Town Board approval shall not be required.
(d)
Transfer to Town Board: The Planning Board may, at any time, find that the proposed modification substantially alters the project plan and require the requested modification to be submitted for a PDD major amendment by the Town Board.
(3)
Major modifications. Any modification not addressed by the minor or intermediate modifications above, exceeding the limits established at the inception of the district, or expanding or altering the PDD boundary shall be reviewed and approved by the Town Board, subject to the procedures for establishing a PDD (Steps 1, 2 and 3).
(4)
Nonconformities. It is the intent of the PDD that no nonconforming elements will exist within the PDD. The flexibility of the land use and geometric controls and review procedures should prevent the creation of any nonconforming element. In the event that a nonconformity does exist, any subsequent changes shall conform to the POD controls and shall be subject to an issuance of a project plan amendment by the Planning Board. [See Subsection H(2), Intermediate modifications.]
§ 210-15 Floodplain Zone. [1]
A.
Statement of intent. A Floodplain Zone is hereby established to allow Oneida Lake and streams and tributaries flowing into said lake to carry abnormal flows of water in times of flood; to prevent encroachments into the floodplains of these waterways which will unduly increase flood heights and damage, and to prevent excessive property damage as well as a potential threat to the health and safety in the area of greatest flood hazard. The Floodplain Zone is not restricted to any particular zoning district as established under § 210-5 of this chapter, but instead is superimposed over any district which lies within the floodplains of the Town.
B.
Extent of floodplain. For the purposes of this chapter land subject to flooding shall be defined as follows: floodplain areas as designated on the FEMA Map of the Town of Cicero.
C.
Restrictions in the Floodplain Zone. No building permit shall be issued within the area designated as a Floodplain Zone unless approved by the Code Enforcement Officer. The Code Enforcement Officer, in his review, shall be guided by the following standards, keeping in mind that the purpose of the Floodplain Zone is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property:
(1)
Any structure permitted shall be designed, constructed and placed on the lot so as to offer minimum obstruction to the flow of water.
(2)
Any structure permitted shall be firmly anchored to prevent the structure from floating away and thus threatening to further restrict bridge openings or other restricted sections of the stream.
(3)
Any use permitted shall be constructed so as to not be subject to appreciable damage by floodwaters.
(4)
Where, in the opinion of the Code Enforcement Officer, topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed structure and/or effect of the structure on the flow of water, the Zoning Officer may require the applicant to submit such data prepared by competent engineers or other technical persons.
(5)
The granting of approval of any use or structure shall not constitute a representation, guaranty or warranty of any kind or nature of the Town of Cicero, or by any officer or employee, of the practicality or safety of any use or structure proposed, and shall create no liability upon, or cause action against, any such public body, officer or employee for any damage that may result pursuant thereto.
(6)
Any use or structure shall also conform to the FEMA regulations as may be amended from time to time.
[1]
Editor's Note: See also Ch. 112, Flood Damage Prevention.