Town of Cicero, NY
Onondaga County
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Table of Contents
Table of Contents

§ 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.

§ 210-11 Residential Districts.

A. 
Districts established. The following residential use districts are established: R-20, R-15, R-12, R-10 and R-M.
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.
[Amended 7-24-2013 by L.L. No. 7-2013; 7-12-2017 by L.L. No. 6-2017]
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 District only: multiple-family residences.
D. 
Bulk regulations. The bulk regulations for the district are as set forth in Article V below.
E. 
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]
(i) 
Apartment developments with more than 24 residential units.
[Added 4-13-2016 by L.L. No. 4-2016]
(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.

§ 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.

§ 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.