Utica City Zoning Code
ARTICLE XI
Supplemental Regulations
Sec. 2-29-341 Adult uses.
[Ord. No. 4, 2-3-2021]
Adult bookstores, adult cabarets, adult mini theaters and video theaters, and other similar adult uses may not be located within a 500-foot radius of any place of worship, school, playground or R1 or RM District.
Sec. 2-29-342 (Reserved) [1]
[1]
Editor's Note: Former Section 2-29-342, Agriculture, urban, adopted 2-3-2021 by Ord. No. 4, was repealed 12-15-2021 by Ord. No. 112. Ordinance No. 112 also stated that uses which were legal at the time of adoption of Ord. No. 112 may continue until 1-1-2023, after which time such uses shall be governed by Chapter 2-5, Arts. III and IV, of this Code.
Sec. 2-29-343 Veterinary clinic/hospital.
[Ord. No. 4, 2-3-2021]
(a)
Animal boarding facilities must be located indoors.
(b)
Exterior exercise areas must be located to the rear or interior side of the principal building on the lot.
(c)
Any exterior exercise areas must be designed to provide shelter against weather.
(d)
Fencing of exterior exercise areas is required. Fencing must be between six and seven feet in height to prevent escape, and must be buried a minimum of one foot to prevent escape by digging beneath the fence.
Sec. 2-29-344 Automotive uses.
[Ord. No. 4, 2-3-2021]
(a)
General.
(1)
All permanent storage of material, merchandise and equipment shall be within the principal building.
(2)
During business hours open-air outdoor storage of materials, merchandise and equipment shall be permitted. During nonbusiness hours storage of materials, merchandise and equipment shall take place within the principal building or within closed, secure containers such as outdoor storage cabinets.
(3)
No partially dismantled or wrecked vehicle or any unregistered vehicle shall be stored for more than 72 hours outside of an area unless screened from public view.
(4)
All entrance and exit lanes, parking areas and vehicle storage areas shall be surfaced with an all-weather, durable and dustless surface and stormwater shall be account for according to state, local and federal regulations.
(b)
Auto-body and auto repair stations shall be subject to the following requirements:
(1)
No repair activity shall take place within 50 feet of any R1 or RM boundary line.
(2)
All repairs shall be performed within an enclosed principal building on the premises.
(3)
Screened storage areas shall be provided for damaged vehicles awaiting repairs and for any vehicles requiring longer-term storage while awaiting repair.
(c)
Car washes shall be subject to the following requirements:
(1)
All vehicular access shall be from an arterial or collector street.
(2)
All washing and machine-dry operations shall be conducted within a building.
(3)
The building exit for automobiles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any street property line.
(4)
No washing, vacuuming, steam cleaning, waxing, polishing or machine-drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of a R1 or RM District.
(5)
All lot lines abutting or adjacent to R1 or RM Districts or uses shall be screened by a solid masonry wall or fence not less than four feet nor more than six feet in height.
(6)
Queuing lane(s) shall not interfere with on-site or off-site pedestrian and vehicular circulation.
(7)
The applicant shall submit an analysis of the traffic impact of the proposed development that addresses the following:
(d)
Gasoline/convenience stations shall be subject to the following requirements:
(1)
When a gasoline/convenience station is located adjacent to a residential use it shall be shielded by wall, fencing or other suitable material which shall serve to screen noise and uncontrolled entrance.
(2)
When calculating signage square footage for gasoline/convenience stations, signage shall include all attached and detached signage, canopy signs and signs on pumps.
(3)
An accessory car wash shall have no more than a single point of access for entering and exiting, shall be arranged to prevent drive-thru operation and shall be limited to a single bay.
(e)
Vehicle sales/rental/storage shall be subject to the following requirements:
(1)
No such use shall be located within 50 feet of any R1 or RM District boundary line.
(2)
Any repairs shall be performed only within the principal building on the premises.
(3)
The showroom shall be oriented toward the public street.
(4)
Screened storage areas shall be provided for damaged vehicles awaiting repairs and for any vehicles requiring longer-term storage while awaiting repair.
Sec. 2-29-345 Commercial, indoor recreation and outdoor recreation.
[Ord. No. 4, 2-3-2021]
(a)
In any district where permitted, no building shall be located within 50 feet of any property line.
(b)
In any district where permitted, there may be permitted retail sales which are clearly secondary to the principal use.
(c)
Unenclosed recreational facilities shall be located not less than 25 feet from any property line except where greater distances are otherwise required in this chapter.
(d)
Illuminated signs and other lights shall be directed away or shielded from adjoining residential proprieties in such a way as not to disturb the occupants of the properties.
(e)
No public address system shall be permitted except where such system is inaudible at any property line.
(f)
All commercial outdoor recreation facilities shall provide suitable off-street parking facilities in accordance with this chapter.
Sec. 2-29-346 Neighborhood retail and neighborhood convenience store/smoke shop.
[Ord. No. 4, 2-3-2021]
(a)
Fuel sales, with the exception of prepackaged fuel canisters, are not permitted.
(b)
Neighborhood convenience store and neighborhood retail/smoke shop shall not include any activity as defined and regulated by the New York State Department of Health, Volume A (Title 10), Part 14 - Food Service Establishments.
[Amended 4-5-2023 by Ord. No. 97]
(c)
As part of the application for a special use permit the applicant shall submit a development plan that addresses the following: days/hours of operation; hours of deliveries and services (i.e., trash removal, snow plowing, etc.); provisions to manage and regulate potential impacts of use, including but not limited to: litter and refuse by store patrons, excessive noise, loitering, crime prevention; signage, including both permanent and advertising/promotional signage; staffing; landscaping; and a building floor plan.
(d)
No such use shall be located within 2,000 linear feet of a similar existing use regardless of the zoning district in which such existing use is located and measured from lot line to lot line.
[Added 1-4-2023 by Ord. No. 2]
Sec. 2-29-347 Dwelling, accessory units (ADU).
[Ord. No. 4, 2-3-2021]
(a)
Only one ADU per single-family dwelling, or one ADU per two-family dwelling shall be permitted.
(b)
ADUs shall not be permitted on the same lot as a multifamily dwelling or apartment.
(c)
The property owner shall occupy either the primary or the ADU as his or her primary residence.
(e)
An ADU shall not exceed 800 square feet of gross floor area.
(f)
An ADU, whether detached or attached to a primary dwelling structure, may be directly accessed from an alley, but shall not be accessed via a driveway separate from that serving the primary dwelling structure.
(g)
No major home occupation (Type 2) shall be allowed in any ADU.
(h)
Adequate parking shall be provided.
Sec. 2-29-348 Emergency services.
[Ord. No. 4, 2-3-2021]
Emergency service facilities shall be permitted in all NMU, RM, R1 Districts subject to the following:
(a)
Such facility is necessary to serve the surrounding residential area where it is not possible to serve such area from a facility located in a less restrictive district.
(b)
Such facility shall not be located on a primarily residential street unless no other site is available and shall be so located as to draw a minimum of vehicular traffic to and through such street.
Sec. 2-29-349 Essential services.
[Ord. No. 4, 2-3-2021]
Essential services R1 and RM Districts and shall be subject to the following regulations:
(a)
Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such street.
(b)
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
(c)
Adequate fences, barriers and other safety devices shall be provided, and the facility shall be landscaped in accordance with the provisions of this chapter.
(d)
Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth in this chapter.
Sec. 2-29-350 Geothermal energy systems.
[Ord. No. 4, 2-3-2021]
(a)
Geothermal energy system components shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).
(b)
Open loop geothermal systems. No person shall install or maintain an open loop geothermal system within the City.
(c)
Closed loop geothermal system. A person may install and operate a closed loop geothermal system only in accordance with the requirements of this section.
(1)
Applicant shall submit a certificate of compliance demonstrating that the proposed system has been tested and approved by Underwriters Laboratories (UL) or other approved independent testing agency.
(2)
The systems shall be tested hydrostatically at 1 1/2 times the maximum system design pressure, but not less than 100 psi. The duration of each test shall not be less than 15 minutes. All geothermal systems must be pressure checked to the original standard by a licensed geothermal contractor every three years from the certification system date. Results from the test shall be submitted to the Building Department. No person shall operate a system if a test reveals that it is likely to leak the heat transfer liquid.
(3)
All aboveground and underground equipment shall comply with the setback requirements of the respective zoning district.
(4)
Equipment, piping, and all other devices shall not be located in any easement or right-of-way.
Sec. 2-29-351 Greenhouse.
[Ord. No. 4, 2-3-2021]
Plants shall not be grown or animals raised directly in the soils in Industrial Zone without prior testing that proves suitability for the proposed use.
Sec. 2-29-352 Home occupations.
[Ord. No. 4, 2-3-2021]
(a)
Where permitted, each dwelling unit may have one minor home occupation, one major home occupation, two minor home occupations, or a combination of one major and one minor home occupation. A dwelling unit may not have two major home occupations.
(b)
Classifications of home occupations.
(1)
Minor home occupations. A home occupation in which no persons other than members of the family residing on the premises are engaged in the occupation, which has no visible exterior evidence of the conduct of the occupation, which does not create need for off-street parking beyond normal dwelling needs, which does not generate additional traffic, which is not permitted to have a sign, and in which no equipment is used other than that normally used in household, domestic or general office use.
(2)
Minor home occupations are permitted in R1 Zones only so long as all the following conditions are observed:
a.
Not perform of any services on site.
b.
Minor home occupations may not serve customers on site.
c.
Not store any materials on site.
d.
Minor home occupations shall not be allowed any signage.
e.
Not have delivery or pickup services that would exceed the average volume for the residential neighborhood where the home occupation is located.
(3)
Major home occupations. A home occupation in which not more than one person other than members of the family residing on the premises is employed, which has not more than one nonilluminated sign not exceeding one square foot in area as visible exterior evidence of conduct of the occupation and which accommodates both dwelling and home occupation parking needs off the street and other than in a required front yard.
Sec. 2-29-353 Live-work.
[Ord. No. 4, 2-3-2021]
(a)
The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately.
(b)
The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage or any accessory structure.
(c)
The commercial component shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the neighboring dwelling units.
(d)
Signage intended to promote on-site commercial uses shall be restricted to a two square foot sign permanently affixed to door or wall of the business component.
(e)
No more than two employees (excluding residents of the dwelling unit) shall work or report to work on the premises.
(f)
The commercial use shall not generate external noise, odor, glare, vibration or electrical interference detectable to the normal sensory perception by adjacent neighbors.
(g)
In-person sales of products generated on-site shall be limited to a ground floor retail storefront.
(h)
Prohibited commercial uses in live/work units.
(1)
The retail sale of food and/or beverages with customers arriving on-site. This does not include online (Internet) sales, mail order, or off-site catering preparation;
(2)
Entertainment, drinking, and public eating establishments;
(3)
Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale;
(4)
Sales, repair or maintenance of vehicles, including automobiles, boats, motorcycles, aircraft, trucks, or recreational vehicles;
(5)
Trade or private schools. This excludes private instruction of up to two students at any one time.
Sec. 2-29-354 Kennel, commercial and dog day-care.
Sec. 2-29-355 Marijuana cultivation.
[Ord. No. 4, 2-3-2021]
Plants shall not be grown or animals raised directly in the soils in Industrial Zone without prior testing that proves suitability for the proposed use.
Sec. 2-29-356 Municipal/civic, utility use (see existing community facilities).
[Ord. No. 4, 2-3-2021]
Nothing in this chapter shall restrict the construction or use of underground or overhead distribution conduits of public utilities operating under the laws of the State of New York. Public utility buildings and electrical substations are permitted in all zoning districts; however, they are only permitted in a residential district when the location within such district is necessary for the direct furnishing of service to customers and provided that no offices, warehouses, construction, repair shops or garage facilities are included, and provided that a special use permit is obtained from the City Planning Board. Nothing herein shall be construed to allow cellular or personal communication facilities in accordance with this section.
Sec. 2-29-357 Storage yard.
[Ord. No. 4, 2-3-2021]
Outdoor storage shall be screened from view of neighboring properties and the public rights-of-way by wall, fencing or other suitable material which shall serve to screen noise and uncontrolled entrance.
Sec. 2-29-358 Solar energy systems.
[Ord. No. 4, 2-3-2021]
(a)
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity on-site or off-site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(2)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(3)
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
a.
Panels facing the front yard must be mounted at the same angle as the roof’s surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(4)
Roof-mounted solar energy systems that use the energy on-site or off-site shall be exempt from site plan review under this chapter.
(b)
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity primarily on-site are permitted as accessory structures in all districts.
(2)
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
(3)
Lot coverage. The surface area covered by ground-mounted solar panels shall be included in total allowable lot coverage of the underlying district.
(4)
All such systems in R1 and RM Districts shall be installed in the side or rear yards.
(5)
Ground-mounted solar energy systems that use the electricity primarily on-site are subject to site plan review under this chapter.
(c)
Large-scale solar energy systems.
(1)
Large-scale solar energy systems are permitted through the issuance of a special use permit within the LC, and I1 and I2 Districts, subject to the requirements set forth in this chapter.
(2)
Special use permit application requirements. For a special permit application, the site plan application is to be used and supplemented by the following provisions.
a.
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
b.
Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.
c.
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
d.
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing, trimming and application of herbicides.
e.
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this chapter. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. If the large-scale solar energy system is not decommissioned after being considered abandoned, the City may remove the system and restore the property and impose a lien on the property to cover these costs to the City.
f.
Prior to the acceptance of a special use permit application, the applicant must provide the City with a performance guarantee as provided herein. The amount of the guarantee shall be 1.25 times the estimated decommissioning cost or $50,000, whichever is greater. Estimates for decommissioning the site shall be determined by a professional engineer or a licensed contractor. It is the responsibility of the applicant to provide the City with the certified cost estimate.
g.
The following types of performance guarantees are permitted:
1.
A surety or performance bond that renews automatically, includes a minimum sixty-day notice to the City prior to cancellation, is approved by the City Clerk, and is from a company on the U.S. Department of Treasury’s Listing of Certified Companies. A bond certificate must be submitted to the City Common Council each year verifying the bond has been properly renewed.
2.
A certified check deposited with the City Clerk, as escrow agent, who will deposit the check in an interest-bearing account of the City, with all interest accruing to the applicant. Funds deposited with the City Clerk will be returned when the solar farm is decommissioned and any necessary site restoration is completed.
3.
A no-contest irrevocable bank letter of credit from a banking corporation licensed to do business in the State of New York. The terms of the letter must include the absolute right of the County Finance Director to withdraw funds from the bank upon certification by the County Manager that the terms and conditions of the performance guarantee have been breached. The letter of credit must be valid up to 12 months from the date the performance guarantee was approved.
h.
The full amount of the bond, certified check, or letter of credit must remain in full force and effect until the solar farm is decommissioned and any necessary site restoration is completed.
(3)
Special use permit standards.
a.
Setback. Large-scale solar energy systems shall adhere to the setback requirements of the underlying zoning district. The large-scale solar facility may require further setbacks if adjacent to an existing residential use.
b.
Height. Large-scale solar energy systems shall not exceed 20 feet in height.
c.
Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of three acres.
d.
Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed 70% of the lot on which it is installed. The surface area covered by solar panels shall be included in total lot coverage.
e.
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner’s contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Planning Board. The fencing and the system may be further screened by any landscaping needed to avoid adverse aesthetic impacts.
f.
Large-scale solar energy systems should, where feasible, integrate recreational facilities such as trails.
g.
Visual impact.
1.
No solar energy system shall be installed in a location where it is determined by the Planning Board to have a significant detrimental impact on the neighborhood character.
2.
Large-scale solar energy systems shall not be installed in any location that would substantially detract from or block the view of a portion of a recognized scenic viewshed as viewed from any public road right-of-way or publicly owned land within the City of Utica.
(4)
A Long Environmental Assessment Form (“LEAF”) and a Visual EAF Addendum Form shall be prepared in accordance with the State Environmental Quality Review Act.
(5)
Removal of abandoned large-scale solar energy systems.
a.
Any large-scale solar energy system found to be unsafe by the Commissioner of Code Enforcement shall be repaired by the owner or lessee or tenant to meet federal, state, and local safety standards or removed within six months.
b.
Upon failure of said owner or lessee or tenant to remove the large-scale solar energy system within 90 days after notice is provided, the enforcement officer shall be authorized to enter upon said property and remove therefrom any said illegal large-scale solar energy system at costs to the owner, lessee or tenant. No liability shall attach to the City or any officers, employees or agents of the City, except for acts of affirmative negligence in connection with the removal of any such large-scale solar energy systems.
Sec. 2-29-359 Vending lots.
[Ord. No. 4, 2-3-2021]
Sec. 2-29-360 I/IMU buffer requirements.
[Ord. No. 4, 2-3-2021]
Buffers. Side and rear yard setbacks from all nonindustrial districts and any lots with any preexisting residential use and the I and IMU Districts shall be increased by a minimum of an additional 15 feet and shall incorporate screening to substantively screen the site from view through the use of evergreen vegetation. Fences may be used but shall not include chain-link fences.