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.
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:
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.
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.
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.
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.
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.
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.
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.]
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.
