Site triangles. Visibility requirements for corner lots. In all zones other than the C-N and C-CBD In the RM and R1 Districts no obstruction to vision, other than an existing building, post, column or tree, exceeding 24³ inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 30 feet distant from their points of intersection.

Frontage on separate streets. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the widest street shall be deemed the street upon which the property fronts and no principal structure and no dwelling shall be erected on the rear of such a lot except where such lot may be subdivided to create not less than two conforming lots. Where a single lot extends between two streets of equal width, either street may be deemed as that upon which the property fronts, but only one street shall be so deemed.

Generally. No building or structure shall have a greater number of stories nor have an aggregate height of a greater number of feet than is permitted in the zoning district in which such building or structure is located except as noted elsewhere in this chapter.

Permitted exceptions. Chimneys, cooling towers, elevators, bulkheads, fire towers, gas tanks, grain elevators, solariums, steeples, penthouses, stage towers or scenery lofts, tanks, water towers, ornamental towers or spires, communications or radio or television towers or necessary mechanical appurtenances may be erected as to their height in accordance with ordinances of the City, provided no tower other than a church spire or tower of a public building shall exceed the height regulations by more than 25%. No tower shall be used as a place of habitation nor shall an advertising device of any kind whatsoever be inscribed upon or attached to any chimney, tower, tank or other structure which extends above the height limitations.

Side yards.

Front yards.

Projections into required yards.

Building permit. A building permit must be secured prior to construction. The application for the permit shall be accompanied by two sets of sketch plans showing the location of the pool in relation to the boundary lines of the premises and adjacent structures situated on the premises and showing all existing or proposed fences and their height. The application shall also be accompanied by two sets of plans and general specifications for the proposed private swimming pool and auxiliary structures setting forth the size and capacity of the pool. A permit fee shall be paid at the time of filing the application and the fee shall be based on the schedule in effect at time of application.

All swimming pools shall be considered structures and meet the setback requirement provisions of this chapter.

Private pools shall not be located within a front yard in any district.

All appurtenant structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings and structures shall comply with all applicable requirements of this chapter.

Unless the pool is four feet or more aboveground, pools shall be completely surrounded by a four fence or conformity with all New York State and local rules and regulations whichever is more restrictive.

Discharge of water. Pool water may not be discharged at the curb or upon the surface of any street. The discharge of water shall not cause a nuisance to the abutting property or to the public. Installation of the swimming pool shall require a dry well for the discharge of water or the water may be discharged into a storm sewer with permission of the City Engineer. A sample diagram of a small dry well may be found in Appendix A, Illustrations.[1]

Electrical wiring. All electrical wiring shall be done by a local licensed electrician.

General provisions or requirements. The following regulation shall govern the type, location and construction of all fences. No fence shall be erected without a fence permit, even when no building construction or principal use is being contemplated in conjunction with said fence construction. All fences shall be installed with the posts and rails of the structure exposed to the interior of the area being fenced.

There shall be a fence permit fee as established by the City of Utica and posted in the “Fee Schedule.”

Fences may be erected in R1 and RM Districts subject to the following:

Fences shall be created in the UMU, NMU, I, and IMU subject to the following:

Public utility and public recreational uses.

Construction sites. All construction sites shall be properly screened and secured to protect the public health, safety and welfare. A solid six-foot-high fence shall be erected to enclose all commercial construction sites within or adjoining residential districts and the Central Business District.

General provisions or requirements. The following regulation shall govern the type, location and construction of all waste or trash receptacles. All waste receptacles shall be located as to have easy access for removal and not to interfere with normal traffic patterns on adjoining streets. No waste receptacles shall be located in the front yard or City right-of-way of any property without proving hardship and obtaining written permission from the Zoning Board of Appeals.

At-grade electrical transformers and HVAC equipment shall be screened from public view by a solid visual barrier. The materials used for and the specific design of such barriers shall be compatible with and complementary to the building itself.

To the maximum extent practical, all roof-mounted and ground-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point five feet above grade. Roof screens, when used, shall be coordinated with the building to maintain a unified appearance.

A landscaping plan shall be submitted as part of the site plan required by the provisions of this chapter.

Such landscaping plan shall be drawn to scale, including dimensions and distances, and clearly delineating all existing and proposed parking spaces, access aisles, driveways or other vehicle areas, and the location, size and description of all landscaping materials.

The landscaping measures as required by this article shall be shown on such plan, and shall be completed according to specification prior to approval of any building, occupancy or special permit.

All trees required by the provisions of this article shall be a minimum of six feet in overall height at the time of planting. Trees planted along pedestrian routes (i.e., sidewalks, plazas, urban parks) shall not have branches lower than six feet. (See Appendix A, Illustrations.) Trees planted within street line and sidewalk shall not have branches lower than 10 feet.

Existing vegetation which is suitable for use in compliance with the requirements of this article, when supplemented so as to provide planting and screening in accordance with the purpose and intent of this article, shall be retained.

A planting plan shall be included with all landscaping plans and shall include genus, species, size and/or caliper, symbol key, quantity, root packaging and comments (See Appendix A, Illustrations).

The species, size, location and spacing of plant materials shall be appropriate for the purpose intended.

Minimum plant size (at time of planting): Medium and large trees shall be balled and burlapped stock two-and-one-half-inch caliper;

Plants shall be set in the pits in a soil mix conforming to the following standards and tamped to the proper depth.

Soil mixture used to backfill planting pits shall consist of one part peat moss and four parts topsoil. Prior to use, the peat moss and topsoil shall be thoroughly mixed.

Roots of bare-root plants shall be spread out in a natural position. Broken or bruised roots shall be pruned. Soil mix shall then be filled in around the roots and tamped. Tamping shall mean firming to the extent that the soil mix is brought into close contact with the roots or root ball to eliminate air pockets and shall not be construed to mean excessive packing. Tamping around the root balls shall be performed using a mattock handle or similar round-end instrument. Root tamping is permitted in the bottom of pits before the plants are set, around root balls when there is ample room to accommodate the root without damage to the ball, and in the planting of bare-root material after the roots have been covered with the soil mix. Thorough watering shall accompany backfilling. This shall mean full saturation of all backfill in the pits.

When the burlap covering of balled plants extends above the surface of the ball, the portion wrapped around the stems or the trunk of the plant shall be cut away after the plant has been set. Plastic cord or twine around trunks or stems shall be removed or cut loose. Containers shall not be removed from potted plants until immediately before planting. Removal of containers shall be by approved methods which will avoid injury to the roots or loosening of the soil balls. When planted, watered and fully settled, all plants should be vertical and the stand shall be flush or slightly before the stand at which it was growing. Frozen backfill shall not be used at any time.

Immediately after installation of each plant, a saucer shall be formed about the plant pit.

Soil used to form the saucer shall be compacted by tamping with the back of a spade, or similar instrument to prevent the runoff of water from the pit. Saucers will not be required for plant beds, forest tree seedlings or forest tree transplants.

All plant growth in landscaped areas shall be controlled by pruning, trimming, or other suitable methods so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.

All planted areas shall be maintained in a relatively weed-free condition, clear of undergrowth and be kept free from refuse and debris.

All plantings shall be fertilized and irrigated at such intervals as are necessary to promote optimum growth.

All fences and walls installed for screening shall be repaired and maintained as necessary.

All trees, shrubs, ground covers, and other plant materials shall be replaced if they die or become unhealthy because of accidents, drainage problems, disease or other causes.

When retaining existing vegetation every effort must be made by construction personnel to protect and maintain the integrity of existing plant materials.

Limitation on the removal of soil. No soil shall be removed in any zoning district except in accordance with both of the following provisions:

Drainage and floodplain regulations.

Noise. No continuous hum, intermittent noise or noise with any noticeable shrillness of a volume of more than 50 decibels, measured at lot lines shall be permitted.

Vibration. No vibration shall be discernible at the lot lines or beyond shall be permitted.

Smoke. No emission of visible grey smoke of a shade equal to or darker than No. 2 on the Ringelmann Chart, measured at the point of emission shall be permitted.

Odors. No obnoxious odor shall be noticeable at the lot line or beyond shall be permitted.

Fly ash; dust. No emission which can cause any damage to human or animal health or vegetation or other forms of property or any excessive soiling shall be permitted.

Liquid or solid wastes. No discharge into any present or future disposal system, public or private, or streams or into the ground of any materials of such nature or temperature as to contaminate groundwater or surface water supply shall be permitted.

Radioactivity. No activities which emit dangerous radioactivity at any point, as covered by federal government standards shall be permitted.

Fire and explosion hazard. No process or storage of material in such manner as to create undue hazard by reason of fire or explosion shall be permitted.

Electrical emissions. Electrical operations shall not create disturbances to other types of electrical transmissions in the vicinity shall be permitted.

Vermin. No material stored either indoors or outdoors in a manner which attracts vermin shall be permitted.

Applicability: Dish, satellite, ham radio, CB, cellular phone, shortwave or other major antenna structures shall be subject to the provisions of this section.

Setbacks: shall abide by the dimensional requirements for the district in which it is located.

Shall not be mounted on the front of any building.

Should not be visible from the public right-of-way.

To minimize actual damages from flooding and erosion to the residents of the City of Utica of and that such damages, including the destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life.

This section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

All applications for a floodplain development permit shall be accompanied by an application fee in accordance with Section 2-29-17, Fees.

This section includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.

In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare.

Whenever the requirements of this division are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.

The areas of special flood hazard for the City of Utica, Community No. 360558, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

The above documents are hereby adopted and declared to be a part of this article. The Flood Insurance Study and/or maps are on file at the City of Utica Department of Engineering, 1 Kennedy Plaza, Utica, New York 13502.

Applicability. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in Section 2-19-253:

Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Construction materials and methods. New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage.

Enclosed areas. For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data is available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:

Utilities.

Encroachments.

The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in Section 2-29-257, Subdivision proposals; Sections 2-10-17, Encroachments; and 2-10-18, Standards for all structures:

Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data is available, new construction and substantial improvements of any nonresidential structure shall either:

Within Zone AO, new construction and substantial improvements of nonresidential structures shall:

If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Section 2-10-20(1)b, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed.

Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

Within Zone A, when no base flood elevation data is available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade.

Proposals shall be consistent with the need to minimize flood damage;

Public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed so as to minimize flood damage; and

Adequate drainage shall be provided to reduce exposure to flood damage.

A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

Within Zone A, when no base flood elevation data is available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement.

Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as two feet above the depth number specified on the Flood Insurance Rate Map enumerated in Section 2-10-6 (at least two feet if no depth number is specified).

Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall either:

A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.