Utica City Zoning Code

Site plans, prepared and approved in accordance with the provisions of this article, shall be required to assist the Planning Board in the review of certain applications for building permits, special use permits and occupancy permits, and to assure compliance with all applicable requirements of this chapter.

This article applies to all uses as indicated with an S or SP in the Use Table unless exempt pursuant to this division.

In existing Planned Development Districts site plans may be referred to the Planning Board for review at the discretion of the Department of Urban and Economic Development.

Sec. 2-29-292 Exceptions and waivers.

[Ord. No. 4, 2-3-2021]

Additions to existing buildings when such addition does not exceed 1,000 square feet of the gross floor area of the existing building.

Any permitted use on a temporary basis for a period not to exceed one year.

For uses indicated with a D in the Use Table the Department of Urban and Economic Development may waive the need for site plan review.

Sec. 2-29-301 Certification; preparation of plan.

[Ord. No. 4, 2-3-2021]

Site plans involving engineering, architecture, landscape architecture or land surveying shall be certified by such professional as licensed by the State of New York.

Site plans shall be prepared to an architectural or engineering scale. The sheet(s) shall be 24 inches by 36 inches or larger.

A site plan may be prepared on one or more sheets to show clearly the information required by this article and to facilitate the review and approval of the plan. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join.

All lettering on a site plan shall be legible.

Sec. 2-29-302 Required information.

[Ord. No. 4, 2-3-2021]

All site plans shall be submitted to the Commissioner of Urban and Economic Development in four clearly legible blue or black line folded copies, and such site plan shall be accompanied by a receipt from the treasurer’s office evidencing the payment of all required site plan fees for processing and approval.

Location of the tract by an insert map at a scale of not less than one inch equals 2,000 feet indicating scaled coordinates referred to by the U.S.G.S. quadrangles or state grid north and such information as the names and numbers of adjoining roads, streams and bodies of water, railroad subdivisions, or other landmarks sufficient to clearly identify the location of the property.

Every site plan shall show the name and address of the owner of developer, the district, county, state, north point, date and scale of drawing, and number of sheets. In addition, it shall reserve a blank space, three inches wide and five inches high, for the use of the reviewing authority.

A boundary survey of the tract with an error of closure within the limit of one in 10,000 related to the true meridian and showing the location and type of boundary evidence.

All horizontal dimensions shown on the site plan shall be in feet and decimal fractions of a foot to the closest 1/100 of a foot, and all bearings in degrees, minutes and seconds to the nearest 10 seconds.

Certificate signed by a licensed surveyor and a licensed engineer or architect setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chair of title.

(f)

All existing and proposed streets and easements, their names, numbers and widths; existing and proposed utilities; watercourses and their names; owners, zoning and present use of all adjoining properties.

(g)

A landscape plan, drawn to scale, including dimensions, distances and the location, size and description of all proposed landscape materials.

(h)

Existing vegetation, proposed removal of vegetation, and proposed replacement of vegetation.

(i)

Location, type, size and height of fencing, retaining walls and screen planting as may be required by Article VII of this chapter.

(j)

All off-street parking, related driveways, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width aisles and a specific schedule showing the number of parking spaces provided and the number required by this chapter.

(k)

The location, size and height of all existing and proposed signs on the site. A detailed drawing of each sign shall also be submitted, showing the colors of the sign, content of the sign and the exact size and style of the lettering.

(l)

The proposed location, general use, number of floors, height and the net and gross floor area for each building, to include outside display areas, and where applicable the number, size and type of dwelling units.

(m)

Sufficient information to show how the physical improvements associated with the proposed development interrelates with existing or proposed development of record on adjacent properties.

(n)

All existing and proposed water and sanitary sewer facilities, indicating all pipe sizes, types, and grades and where connection is to be made in the City or other utility system.

(o)

Provisions for the adequate disposition of natural and storm water, indicating the location, size, type, and grade of ditches, catch basins and pipes and connections to existing drainage system, and on-site stormwater retention where deemed appropriate and necessary by the Commissioner of Urban and Economic Development and the City Engineer.

(p)

Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction.

(q)

Existing topography with a maximum contour interval of two feet, except where existing ground is on a slope of less than 2%, then either one-foot contours or spot elevations shall be provided where necessary, but not more than 50 feet apart in both directions.

(r)

Proposed finished grading by contours, supplemented where necessary by spot elevations.

(s)

Location of fire and other emergency zones, including the location of fire hydrants.

(t)

Location and design of existing and proposed outdoor lighting facilities, furniture, and similar facilities.

(u)

The completed environmental assessment form (EAF) in compliance with the State Environmental Quality Review Act (SEQRA).

Sec. 2-29-311 General plan review.

[Ord. No. 4, 2-3-2021]

Prior to the issuance of a building permit, special use permit or an occupancy permit for any use requiring site plan review, the Commissioner of Urban and Economic Development shall refer the application and all application materials as specified herein to the Planning Board.

Sec. 2-29-312 Sketch plan review.

[Ord. No. 4, 2-3-2021]

A meeting shall be held between the Commissioner of Urban and Economic Development, the City Engineer, and the applicant to review the basic site design concept. The staff may recommend revisions or modifications as appropriate to ensure that the proposed development will be in harmony with the rest of the community and environment. The applicant shall provide the following in addition to a sketch plan describing what is proposed:

An area map at the scale of one inch equals 2,000 feet showing the parcel under consideration for site plan review, and all properties, water bodies, streets, and easements within 200 feet of the property boundaries.

A map of site topography at no more than five-foot contour intervals. If general site grades exceed 5% or portions of the site have susceptibility to erosion, flooding, or ponding, a soil overlay and a topographic map showing contour intervals of not more than two feet of elevation should be provided.

After staff review, upon referral to the Planning Board, the Board may determine that the information provided is sufficient to grant approval and may waive preliminary and final requirements and approve the sketch plan as agreed to by the applicant and the Board if it determines that such approval is in the interest of the public health, safety, and welfare.

Sec. 2-29-313 Application for preliminary site plan approval.

[Ord. No. 4, 2-3-2021]

An application for preliminary site plan review and approval shall be accompanied by a fee in the amount specified in the fee schedule.

For all preliminary site plan applications, a public hearing shall be required.

Anticipated costs which the Planning Board expects to incur due to consulting services or other review costs shall be paid by the applicant and placed in an escrow account. Any unspent funds shall be returned to the applicant within five days of the Planning Board action on the final site plan.

Sec. 2-29-314 Preliminary site plan review criteria.

[Ord. No. 4, 2-3-2021]

An application for preliminary site plan review shall include but not be limited to the following:

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic control.

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

Adequacy of stormwater and drainage facilities.

(f)

Adequacy of water and sewage disposal facilities.

(g)

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant’s and adjoining lands, including the maximum retention of existing vegetation.

(h)

In the case of multifamily dwellings, the adequacy of usable open space for play areas and informal recreation.

(i)

Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.

(j)

Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.

(k)

Special attention to the adequacy of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

(l)

Overall sensitivity to the environment.

Sec. 2-29-315 Consultant review.

[Ord. No. 4, 2-3-2021]

The Planning Board shall consult with its professional planning staff with regard to each site plan presented to it. In addition, the Board may consult with the Department of Public Works, the City Engineer, representatives of federal, state and county agencies as well as its designated private consultants.

Sec. 2-29-316 Public hearing.

[Ord. No. 4, 2-3-2021]

The Planning Board may conduct a public hearing. If a public hearing is considered desirable by a majority of the members of the Planning Board, such public hearing shall be conducted within 62 days of the receipt of a complete application for site plan approval and public notice shall be given in accordance with the provisions of Article II.

Sec. 2-29-317 Planning Board action.

[Ord. No. 4, 2-3-2021]

The proposed development is subject to the provisions of the State Environmental Quality Review Act (SEQRA). As early as possible, the Planning Board should identify the type of action the proposed development is according to the SEQR. To make this decision the Planning Board should consult “Planning Board Technical Memo(s)" or, if necessary, Part 617 of Article 8 of the State of New York Environmental Conservation Law. The Planning Board should also review the environmental assessment form (EAF) submitted as part of the application. The type of action and related procedure will dictate the next steps, if any, to be taken to comply with the SEQR regulations.

The Planning Board may include recommendations of desirable modifications to be incorporated in the final site plan, and conformance with said modification shall be considered a condition of approval. If the preliminary site plan is disapproved, the Planning Board shall state the reasons for such findings.

In such case, the Planning Board may recommend further study of the site plan and resubmission to the Planning Board after it has been revised or redesigned.

Projects located within the Scenic and Historic Overlay District shall be referred to the Scenic and Historic Preservation Commission for a certificate of appropriateness.

(1)

Site plan review applications referred to the Commission by the Planning Board shall be referred back to the Planning Board within the forty-five-day review period for the certificate of appropriateness, unless the applicant and the Commission mutually agree upon an extension. The application shall be referred back even if the certificate of appropriateness is denied.

(2)

Upon receipt of a decision from the Commission, the Planning Board can accept the approval, overrule a denial or modify the decision. Overruling a denial or modifying a decision requires a majority vote of all of the members currently serving on the Planning Board.

If the Planning Board is conducting a special permit review in conjunction with site plan review, the Planning Board shall refer to the additional criteria in the special permit division below.

Sec. 2-29-318 Final plan review.

[Ord. No. 4, 2-3-2021]

After receiving approval, with or without modifications, from the Planning Board on a preliminary site plan, the applicant shall submit a final, detailed site plan to the Planning Board for approval. If more than six months has elapsed since the time of the Planning Board’s action on the preliminary site plan or if the Planning Board finds that conditions have changed significantly in the interim, the Planning Board may require resubmission of the preliminary site plan for further review and possible revision prior to accepting the proposed final site plan for review.

The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any and all modifications that may have been recommended by the Planning Board in its preliminary review. All such compliances shall be clearly indicated by the applicant on the final site plan.

The following additional information shall accompany an application for final site plan approval:

(1)

Record of application for and status of all necessary permits.

(2)

Detailed sizing and final material specification of all proposed construction.

(3)

An estimated project construction schedule.

(4)

If applicable, a certificate of appropriateness.

Sec. 2-29-319 Required referral.

[Ord. No. 4, 2-3-2021]

Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Planning Department for advisory review and a report in accordance with § 239 of the General Municipal Law, where the proposed action is within a distance of 500 feet from the boundary of any other jurisdiction; from the boundary of any existing or proposed county or state park or other recreation area; from the right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines; from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated.

Sec. 2-29-320 Final action.

[Ord. No. 4, 2-3-2021]

Within 62 days of receipt of the application for final site plan approval, the Planning Board shall render a decision to the Commissioner of Code Enforcement unless the period is extended by mutual agreement between the applicant and the Planning Board.

The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA.).

If the Planning Board chooses to modify any of the conditions within a certificate of appropriateness provided by the Scenic and Historic Preservation Commission, such modification requires a unanimous vote of all of the current members of the Planning Board.

Upon approval of the final site plan and payment by the applicant of all fees and reimbursable costs due to the City, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward such copy to the Commissioner of Code Enforcement.

Upon disapproval of a final site plan, the Planning Board shall so inform the Commissioner of Urban and Economic Development who shall deny the requested permit to the applicant. The Planning Board shall also notify the applicant of its decision and its reasons for disapproval by certified mail, return receipt requested.

Sec. 2-29-331 Purpose.

[Ord. No. 4, 2-3-2021]

The purpose of this division is to set forth additional requirements which shall apply to certain land uses and activities which due to their characteristics, or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this code and their effect on the surrounding properties and community character.

The primary purpose of special use permit review is to ensure compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the City.

All uses designated a special use permit are permitted uses in their respective districts subject to the satisfaction of the requirements and standards set forth in this article and such conditions as the Planning Board may determine.

Sec. 2-29-332 Application content.

[Ord. No. 4, 2-3-2021]

All special use permit review and approval shall occur as a part of site plan review. Applicants shall refer to the site plan review for application content.

Sec. 2-29-333 Criteria.

[Ord. No. 4, 2-3-2021]

The Planning Board shall consider the following general criteria, in addition to criteria set forth in the site plan review, when making a determination for a special use permit:

Compatibility of the proposed use with the principles of the district, the purposes set forth in this chapter, and the goals of the Master Plan.

Compatibility of the proposed use with adjoining properties and with the natural and man-made environment.

Compatibility of the height of buildings, walls, fences and the nature and extent of landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

Adequacy of parking, vehicular circulation, and infrastructure for the proposed use, including accessibility to fire, police, and emergency vehicles and sufficient water supply and appurtenances for firefighting purposes.

The overall impact on the site and its surroundings considering environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances.

(f)

Restrictions and/or conditions on design of structures or operation of the use (including hours of operation) necessary either to ensure compatibility with the surrounding uses and neighborhood or to protect the natural or scenic resources of the City.

(g)

Consistency of the location of the proposed use with the goal of creating a healthy mix of uses that enhances the viability of the City.

(h)

Compatibility with the historic character and use of the structure or structures and the historic character of the site and in the surrounding area, if applicable.

Sec. 2-29-334 Special use permit review.

[Ord. No. 4, 2-3-2021]

If a use is designated as needing a special permit in the Use Table, such use shall be granted approval, approval with conditions, or denied in conjunction with site plan approval process.

As part of approval process the Planning Board shall consider the criteria listed herein.

A public hearing is required for all special permit uses.

The Planning Board shall schedule and notice a public hearing in accordance with the timeframes and process Article II.

The special use permit process shall be concluded in conjunction with site plan review.

Sec. 2-29-335 Planning Board action.

[Ord. No. 4, 2-3-2021]

The Planning Board shall not issue a special use permit unless it makes a recorded finding that the proposed use will satisfy the standards set forth herein. In order to reach positive findings in support of the special use permit, the Planning Board may require conditions of, and/or modifications to, the project. Such conditions must relate to the impact of the project. If the Planning Board does not make a positive finding in support of the special use permit, it shall deny the special use permit. In issuance of such a denial, the record of the Planning Board must address the criteria outlined above and include the facts and reasons upon which such denial was based.

Sec. 2-29-336 Special use permit expiration, revocation and enforcement.

[Ord. No. 4, 2-3-2021]

Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this chapter shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.

All special use permits shall run with the land and will be transferred to successive property owners provided the permit has not expired and it is not revoked for failure to meet the permit conditions.