New Hartford Town City Zoning Code
ARTICLE V
Use, Area and Bulk Regulations
§ 118-20 Applicability.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, moved, altered, demolished, reconstructed or enlarged, except in conformance with the regulations herein specified for the district in which it is located or as provided in Article XII, Nonconforming Uses, Structures and Lots.
§ 118-21 Schedules of permitted uses and lot development standards.
The use, area and bulk regulations for the zoning districts are listed in the Schedule A: Permitted Uses, and Schedule B: Lot Development Standards, of this chapter. These Schedules are supplemented, as appropriate, by other provisions of this chapter.[1]
[1]
Editor's Note: Schedules A and B are included as attachments to this chapter.
§ 118-22 Permitted uses.
Permitted uses by right. All principal and accessory uses listed in Schedule A[1] shall be permitted by right in the zoning district where the use is listed as permitted, provided that all other requirements of this chapter are met. All permitted uses are indicated in Schedule A with a "P" when the use is permitted without requiring site plan review. Uses that are permitted by right but require site plan review as defined in this chapter are indicated in Schedule A with an "SPR."
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Accessory uses. Any accessory construction attached to a principal building, including being attached by means of a breezeway or a roofed passageway with open or latticed sides, is deemed to be part of such principal building in applying these regulations.
Permitted uses with a special use permit. All principal and accessory uses listed in Schedule A requiring a special use permit shall be a permitted use upon issuance of a special use permit by the Planning Board. All special permit uses are indicated in Schedule A with an "SUP."
Prohibited uses. Uses in this chapter are deemed prohibited unless such principal or accessory uses are expressly permitted in Schedule A or elsewhere by this chapter or a use variance is granted in accordance with the provisions of this chapter. The following uses are expressly prohibited in the Town of New Hartford:
Backyard burial of humans.
Exploration for or extraction of natural gas and/or petroleum. No land in the Town shall be used to conduct any exploration for natural gas and/or petroleum; to drill any well for natural gas; to transfer, store, process or treat natural gas; or to dispose of natural gas exploration or production wastes; or to erect any derrick, building, or other structure; or to place any machinery or equipment for any such purposes.
Natural gas and/or petroleum support activities.
Junkyards.
Manufactured and mobile homes on individual lots except as housing for a farm workforce meeting the standards of § 118-61.
Motorized vehicle racetracks or recreational courses.
Storage, treatment and disposal of natural gas and/or petroleum exploration and production wastes.
Mixed use structures. Multiple uses may occupy a single building, provided that all applicable area and bulk requirements are met. All special use permit and/or site plan reviews for the same project shall be consolidated into one proceeding before the Planning Board.
One principal dwelling structure per lot. No lot in any A, RA or LDR District shall be used for more than one dwelling structure, except that housing for a farm workforce may be permitted where agriculture is the principal use of the property. The required minimum frontage shall be provided for each dwelling.
[Amended 6-14-2017 by L.L. No. 2-2017]
§ 118-23 Additional accessory use standards.
Accessory buildings, structures and uses shall be permitted only on the same lot as the principal building to which they are accessory.
An accessory building shall not be constructed on a lot without a principal structure, except for a barn or other agricultural building on a working farm in an Agricultural District as defined by the New York State Agriculture and Markets Law.
Location of accessory buildings, structures and uses.
No accessory buildings, structures or uses shall be located in the front yard on any lot, except that parking lots may be allowed in I, C-1, C-2, C-3, and M Districts.
Accessory buildings, structures and uses shall be set back at least five feet from the rear and side lot lines, except that swimming pools shall be set back a minimum of 10 feet from all side and rear lot lines. See § 118-69 for additional setback standards related to certain structures used for agricultural purposes.
Accessory buildings, structures and uses shall not alter the character of the premises on which they are located and, except for accessways to accessory parking or loading areas from an adjoining street, shall not encroach upon any front, side or rear yard unless otherwise permitted in this chapter.
In the A, RA, LDR and MDR Districts, the maximum height of an accessory building or structure for a residential use shall be one story or 15 feet, whichever is less. The highest height level shall be measured at the peak of the building. Agricultural uses are exempt.
The accessory structure height limitations of Subsection E above shall not apply to accessory agricultural uses located in an A or RA Zoning District or an Agricultural District as defined by New York State Department of Agriculture and Markets.
There shall be not more than two accessory buildings or structures on a residential lot, except that an agricultural operation shall not be subject to such provisions.
All recreational vehicles, boats and trailers shall not be parked in any front yard setback. If the rear yard is not accessible or large enough to accommodate the vehicle, trailer or boat, it may be placed in the side yard only on a prepared surface.
Trampolines, swing sets and other like apparatus shall not located in any front yard.
§ 118-24 Lot development standards.
Applicability to principal uses and structures.
Regulations governing lot area and lot frontage, front, side and rear yards and lot coverage for each district are specified in Schedule B: Lot Development Standards[1] and are supplemented by the regulations in this section and other sections of this chapter.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
No yard or lot existing at the time of the passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements set forth in Schedule B and herein.
No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building or use.
Within each district, the regulations set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.
Every principal building shall be built upon a lot with minimum frontage upon a public street equal to the lot frontage required for the district in which it is located. Such frontage shall provide actual physical access to and from the lot for emergency vehicle access. Refer to Schedule B for minimum lot frontage requirements.
Existing substandard lots.
Lots of record at the time of adoption of this chapter which are less than the minimum lot size or lot frontage shall be deemed to meet the minimum size regulations of this chapter in the A, RA, LDR, MDR, HDR and MU Districts, provided that such lot may not be used for any use other than a single-family residence and its associated accessory structures. The minimum yard requirements may be reduced in proportion to the size of the lot as compared to the minimum required for the district.
Substandard lots in all other zoning districts at the time of adoption of this chapter that do not meet the minimum lot size may be built upon but shall meet all other lot development standards of Schedule B and this chapter.
Corner lots. On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on each such street. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his or her application for a permit.
Front yard exceptions. As required in Schedule B: Lot Development Standards, when the front yard for buildings in the LDR, MDR, HDR, MU, C-1, C-2 and C-3 Districts shall be the prevailing front yard setback, the prevailing front yard setback shall be computed by averaging the front yard setbacks on improved lots on each side of the lot with setback differentials of no more than 10 feet. A vacant lot shall be considered as having the minimum yard required in the district for the purpose of computing such average front yard.
Height exceptions.
The height limitations of this chapter shall not apply to the following:
Belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy; nor to chimneys, ventilators, skylights, solar collectors, green roof systems, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to flagpoles, monuments, radio and television antennas or towers and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structure which extends above the roof limitations.
Transmission towers and cables shall be a maximum of 100 feet.
Structures related to agriculture on a lot on which an agricultural use is the principal use of the lot in the A and RA Zoning Districts or within an Agricultural District as defined by the New York State Agriculture and Markets Law.
Minimum living area. The minimum living area for residential dwellings in the Town of New Hartford shall be as follows:
Projecting architectural features; terraces; porches; fire escapes.
The space in any required yard shall be open and unobstructed except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard setback.
A prepared surface terrace shall not be considered as part of a building in the determination of yard sizes, provided that such terrace is unroofed and without walls, parapets or other forms of enclosure exceeding six feet in height.
In determining the percentage of impervious surface or the size of yards for the purpose of this chapter, enclosed porches or porches open at the side but roofed shall be considered a part of the building.
An open fire escape may extend into any required yard setback not more than six feet, provided that such fire escape shall not be closer than four feet at any point to any lot line.
Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard setback a distance not to exceed six feet.
Transition yard requirements.
Where two districts abut on the same street between two intersecting streets, and the front yard requirements of one district are less than those of the other district, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to the average of the required depth in the two districts.
Where the side or rear yard of a lot in a residential district abuts a side or rear yard of a lot in a business or manufacturing district, there shall be provided along such abutting line or lines in the business or manufacturing district a side or rear yard setback equal in depth to that required in the more restricted district.
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines.