Regulations governing lot area and lot width; front, side and rear yards; building coverage and building height are as specified in Schedule A.[1] The regulations appearing in Schedule A are hereby made a part of this chapter and subject to the supplementary regulations set forth following:
A. 
Lots of less than required dimension.
(1) 
Any lot with an area or width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership on the effective date of this chapter or any amendment thereto and the owner thereof owned no adjoining unimproved land that could be combined with said lot to meet the dimension requirements.
(2) 
In the event that compliance with the yard requirements of the district would result in a residential structure of less width than 24 feet, the Board of Appeals shall determine and fix yard requirements for said lot to permit its reasonable utilization for a permitted use.
B. 
Reduction of lot area. The minimum yards and open spaces required by this chapter for any building existing on the effective day of this chapter or for any building hereafter erected or extended shall not be encroached upon or considered as yard or open space for any other building, nor shall any lot be reduced below the district requirements of this chapter.
C. 
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 for the district. One rear yard shall be provided on each corner lot, and the owner shall designate the rear yard on his application for a permit.
D. 
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 straight line joining said lines at points 20 feet distance from the point of intersection, measured along said lines.
E. 
Front yard exceptions. The front yard of all buildings and structures hereafter constructed within a residential district shall be not less nor required to be more than the average front yard of all lots in the block for a distance of 300 feet on each side of such lot. A vacant lot within the three-hundred-foot distance shall be considered as having the minimum front yard required in the district for the purpose of computing such average front yard.
F. 
Transition yard requirements.
(1) 
Where two districts abut on the same street 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 extended 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.
(2) 
Where the side or rear yard of a lot in one district abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the more restricted district.
G. 
Projecting architectural features, terraces, porches, fire escapes and solar energy equipment. Certain architectural features may project into required yards as follows:
(1) 
Cornices, canopies, eaves or other architectural features may project a distance not exceeding four feet into any front or rear yard and 40% into any side yard, to a maximum of four feet.
(2) 
Fire escapes may project a distance not exceeding four feet six inches.
(3) 
Bay windows, balconies and chimneys may project a distance not exceeding three feet.
(4) 
Apparatus needed for the operation of active and passive solar energy systems, including but not limited to overhangs, movable insolating walls and roofs, detached solar collectors, reflectors and piping shall be allowed to project into any required front, side or rear yard as necessary to provide for their effective operation. In addition, such equipment shall not be considered in the determination of lot coverage.
(5) 
A paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure exceeding six feet in height.
(6) 
In determining the percentage of building coverage of 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.
(7) 
Unenclosed entrance steps or stairways providing access to the first story, cellar or basement of a building may extend into any required yard a distance not to exceed six feet.
H. 
Walls, fences and hedges. The yard requirements of this chapter shall not prohibit any necessary retaining wall nor any permitted fence, wall or hedge, provided that in any residential district, such fence, wall or hedge shall be no closer to any front lot line than two feet and shall comply with visibility at street corners as provided in this section.
I. 
Additional height requirements. The height requirements set forth in Schedule A shall be applied to the following special situations as described below:
(1) 
The height limitations of this chapter shall not apply to barns, silos and other farm buildings, belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, solar energy collectors and equipment used for the mounting or operation of such collectors and necessary mechanical appurtenances usually carried above the roof level, nor to flagpoles, monuments, transmission towers and cables, 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 and to ensure that they do not significantly impair the solar accessibility of buildings or solar collectors on adjacent properties. No advertising devices 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.
(2) 
On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A. 
Permit. All accessory buildings or uses shall require a permit to be issued prior to their initiation as elsewhere required in this chapter, except that no permit shall be required for a single accessory building with dimensions that do not exceed a maximum of 100 square feet in size, providing all minimum required yard dimensions are observed.
B. 
Number. There shall be not more than two accessory buildings to the residential lot, except that the Planned Development District shall not be subject to such provisions.
C. 
Height. Maximum height of accessory building shall be one story or 15 feet, whichever is less. However, as specified in § 126-32G of this chapter solar energy collectors and equipment used for the mounting or operation of such collectors shall be exempt from any height restriction.
D. 
Location. Accessory buildings or structures in residential districts which are not attached to a principal building may be erected within the side or rear yard in accordance with the following requirements:
(1) 
For garage, toolhouse or similar storage building, five feet from the side or rear lot line.[1]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
(2) 
On the street side of a corner lot, the same setback as for the principal building.
(3) 
Not closer to a principal building or another accessory building than 10 feet.
E. 
Attached accessory buildings in residential districts. When an accessory building is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building.
F. 
Accessory buildings in business or manufacturing districts. Buildings accessory to other than a residential structure shall comply with front, side and rear yard requirements for the principal building to which they are accessory.
A. 
Off-street parking space shall be required for all buildings constructed after the effective date hereof. Each off-street space shall consist of at least 180 square feet, with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided.
B. 
Parking requirements specified in Schedule B[1] are hereby made a part of this chapter. For uses not specified, the Zoning Board of Appeals shall establish parking requirements in specific cases consistent with those specified in Schedule B.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C. 
For any building having more than one use, parking space shall be required as provided for each use.
D. 
Parking spaces required in residential districts shall be located in the side or rear yard on the same lot or tract as the principal use and shall not be located in the front yard or blocking sidewalk.[2]
[2]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
E. 
Where parking for commercial uses is located in the required front yard, building setbacks will be at least 40 feet for the first tier and 30 feet for each additional tier of parking provided.
F. 
Floor areas for the purpose of computing parking requirements shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas used primarily for storage or service.
G. 
At least one off-street loading facility shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 1,500 square feet. Space for off-street loading shall be in addition to space for off-street parking.
H. 
An off-street loading space may occupy any part of any required side or rear yard, except that no such berth shall be located closer than 100 feet to any lot in any residential district unless wholly within a completely enclosed area or within a building.
[Amended 9-11-1994 by L.L. No. 1-1994; 11-19-2007 by L.L. No. 1-2007[1]]
A. 
General regulations. The following regulations shall apply to all signs:
(1) 
No sign shall be erected, altered, or reconstructed without the issuance of a sign permit, and the application for the permit shall be reviewed by the Planning Board and final approval shall be by the Village Board.
(2) 
All signs shall be constructed in accordance with the New York State Uniform Fire Prevention and Building Codes, shall be maintained in good condition and shall be kept free of defects and hazards.
(3) 
Signs shall not be erected within the public right-of-way.
(4) 
No sign shall obstruct any fire escape (or door leading thereto) or window, nor shall any sign be attached to a fire escape.
(5) 
All signs shall be plainly marked with the name and address of the sign and/or property owner.
(6) 
Illumination of signs, when permitted, shall be so arranged so as to prevent direction thereof upon a public street or adjacent premises that may constitute a traffic hazard or public nuisance.
(7) 
No sign shall be audible.
(8) 
No freestanding sign shall exceed 30 feet in height.
(9) 
Upon the issuance of a sign permit (other than for a temporary sign), the applicant shall have a six-month period in which to erect, alter, or reconstruct said sign; following the expiration of said period of time, the permit shall be null and void.
(10) 
No sign shall be painted directly upon the exterior walls of any structure nor mounted upon the rooftop of any building.
(11) 
No portable or temporary signs shall be allowed within any zoning district of the Village of New Hartford, except upon obtaining a permit. A business will be allowed a sandwich sign for 15 consecutive days per permit.[2]
[2]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
(12) 
No flashing signs shall be allowed within any zoning district of the Village of New Hartford.
(13) 
No internally lighted signs shall be allowed within any zoning district of the Village of New Hartford, except within the B-2 District.
(14) 
The requirements of this section shall not apply to any sign which had received the approval of both the Planning and Village Boards prior to the adoption of these regulations.
(15) 
General permit requirements.
(a) 
Applications for sign permits shall be made, in writing, on forms provided by the Village Clerk and shall contain the following information:
[1] 
The name, address, and telephone number of applicant(s).
[2] 
The location of the structure or real property upon which the sign is to be attached or erected, as well as the location of the public right-of-way line, if applicable.
[3] 
A drawing (to scale) shall be submitted, showing the construction details, lettering, and/or pictorial matter and position of lighting and other extraneous devices. (NOTE: this information shall not be required for the erection of a temporary sign.)
[4] 
Written consent of the owner of the structure or real property upon which the sign is to be attached or erected, in the event that the applicant is not the building or property owner.
B. 
Signs permitted in all districts.
(1) 
Nameplates and identification signs.
(a) 
In the residential districts, signs indicating the name and/or address of the occupant shall not exceed one square foot in area; signs indicating the name and/or profession of a permitted business or professional office or home occupation shall not exceed two square feet in area; only one such sign per dwelling unit shall be permitted, except in the case of lots with more than one frontage, in which case one sign for each frontage shall be permitted.
(b) 
In multiple-family residential districts, for buildings other than dwellings, a single identification sign not exceeding six square feet in area and indicating only the name and address of the building and the name of the management may be displayed, except in the case of lots with more than one frontage, in which case one sign for each frontage shall be permitted.
(2) 
Sale or rental signs. Signs advertising the sale or rental of the premises upon which they are located may be erected or maintained, provided that:
(a) 
The size of any such sign does not exceed six square feet of area in any residential district.
(b) 
In any nonresidential district, the size of such sign does not exceed 16 square feet in area.
(c) 
Not more than one sign shall be placed upon a property unless such property fronts on more than one street, in which event one sign may be erected on each frontage.
(d) 
Such sign(s) shall be removed within 30 days after the premises have been sold or rented.
(3) 
Signs accessory to parking areas. Signs designating entrances or exits to or from a parking area are limited to one sign for each exit and entrance, said signs to be limited to a maximum size of four square feet. In addition, each parking area shall be permitted one sign per street frontage which designates identity and restrictions for parking.
(4) 
Artisan signs. Signs of carpenters, painters, and other artisans may be erected on the customer's premises during the period such artisans are performing work on said premises or 30 days, whichever is less, provided that the size of said sign shall not exceed 12 square feet in sign area.
(5) 
Historic markers. Signs designating the approximate construction date of a particular structure shall be permitted, providing that such signs do not exceed 1/2 square foot in area.
(6) 
Political signs. No temporary political signs will be placed on any property within the Village of New Hartford if the candidate is not on the ballot for election, either in the primary elections, special elections or general elections in its district or ward where property is located in. No political signs shall be put up more than 45 days before an election and shall be removed three days after the election.
C. 
Signs in nonresidential districts.
(1) 
General requirements. No building-mounted business sign in any nonresidential district shall project or be allowed to overhang from the main wall of a building. These limitations shall not apply to permanently constructed building canopies, arcades, theater marquees, or pedestrian shelters.
(2) 
Maximum allowable sign area. The maximum sign area of any business sign shall conform to the following:
(a) 
In Zoning District B-1, the maximum sign area shall be 1/10 square foot of sign per one square foot of building frontage.
(b) 
In Zoning District B-2, the maximum sign area shall be 1/4 square foot of sign per one square foot of building frontage.
(c) 
In Zoning District M-1, the maximum sign area shall be 1/10 square foot of sign per one square foot of building frontage.
(3) 
Criteria for bonus sign area. To encourage design excellence, the maximum sign areas for business signs, as established in Subsection C(2) above, may be increased by the percentage as provided for herein. A separate bonus is granted for compliance with each of the criteria; however, the percentage increase cannot exceed 50%.
(a) 
Freestanding business signs may be increased as follows:
[1] 
Thirty percent when the sign is constructed only of materials and uses only colors recommended and approved by the Planning Board.
[2] 
Twenty-five percent when the sign is installed in a landscaped planter having an area two times the area of the resultant sign and the entire design is approved by the Planning Board.
[3] 
Twenty percent when all the lettering and background is uniform in style and color of any approved signs for any three consecutive separate establishments.
[4] 
Ten percent if the sign is not designed or used with illumination.
(b) 
Building-mounted business signs may be increased as follows:
[1] 
Thirty percent when the sign is constructed only of materials and uses only colors recommended and approved by the Planning Board.
[2] 
Twenty percent when all the lettering and background is uniform in style and color of any approved signs for any three consecutive separate establishments.
[3] 
Ten percent if the sign is not designed or used with illumination.
(4) 
Neon signs, which shall not exceed three square feet in size, shall be permitted only on the interior of any building and may be located in a window on the interior of a building. When more than one neon sign is used, they shall be no closer than 48 inches to each other and shall not be stacked, that is they shall not be placed one above the other.
D. 
Outdoor advertising signs. Outdoor advertising signs (i.e., billboards) shall be prohibited within the Village of New Hartford.
E. 
Unsafe signs. Any sign found to be unsafe upon inspection by the Code Enforcement Officer or his designee shall be repaired or made secure by the owner of record. The Code Enforcement Officer or his designee shall give notice by certified mail, return receipt requested, to such person to repair or remove such unsafe sign within five days of receipt of said notice. If the sign is not repaired, made secure or removed within said time period or within such additional time as the Code Enforcement Officer or his designee may allow, the sign shall be removed by the Code Enforcement Officer or his designee. Said sign shall thereafter be handled in accordance with Subsection I of this section. If a sign is found to be a source if imminent peril to persons or property, the Code Enforcement Officer or his designee shall cause said sign to be immediately removed without notice to the owner of record or property owner.
F. 
Signs not in use. A sign which advertises a defunct business or product so that the content of the sign is no longer appropriate to the purpose(s) for which it was intended shall be removed by the property owner within 60 days of receipt of written notification by the Code Enforcement Officer, such notice to be by certified mail, return receipt requested. If the sign is not removed within said time period, the Code Enforcement Officer shall thereafter have it removed in accordance with Subsection I of this section.
G. 
Fees. The applicant shall pay to the Village of New Hartford, upon application for a sign permit, a fee as set forth in the fee schedule in § 61-22B.[3]
[3]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II).
H. 
Waiver of fee. Upon written authorization by the Planning Board, the fee requirements of this section may be waived for the erection, alteration, or reconstruction of a sign by any bona fide charitable, governmental, or religious organization/agency. The provisions of a waiver shall only apply to the fee requirements of this section and shall in no way be construed to include exemption from any other requirements and/or standards contained in this section.
I. 
Enforcement.
(1) 
Notice. Whenever the Code Enforcement Officer determines that a violation of this section has occurred, written notice shall be served upon the sign owner of record or the property owner by certified mail, return receipt requested, at his last known address. Such notice shall specify the alleged violation, providing a reasonable time within which the violation is to be corrected and stating what legal remedies will be imposed upon failure to correct said violation. Such notice of violation shall automatically become a final order if the violation is not corrected within the specified time period. Any fees not paid shall be added to the real property taxes.
(2) 
Removal, storage, or sale of signs found to be in violation. Upon failure of the sign owner of record or the property owner to correct the cited violation within the time period specified by the Code Enforcement Officer or to apply for an appeal pursuant to § 126-41, the Code Enforcement Officer, by written instruction to the DPW Superintendent, shall direct that the violating sign be removed. Such sign shall be stored for a thirty-day period during which the sign may be claimed upon proof of ownership thereof and upon payment for the removal/storage of said sign, as determined by said DPW Superintendent. If the sign is not claimed within the thirty-day period, said DPW Superintendent is authorized to sell the stored sign at a public auction to the highest bidder or to otherwise dispose of said sign at his discretion and to thereupon apply the proceeds, if any, to the removal/storage costs.
[1]
Editor's Note: This local law was filed by the Department of State as L.L. No. 1-2008.