[Ord. No. 4, 2-3-2021]
(a) 
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.
(b) 
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.
[Ord. No. 4, 2-3-2021]
(a) 
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.
(b) 
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.
[Ord. No. 4, 2-3-2021]
(a) 
Side yards.
(1) 
Variance of width. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case the average width of the side yard shall not be less than the otherwise required minimum width provided, however, that such side yard shall not be narrower at any one point than 1/2 the otherwise required minimum width.
(2) 
Corner lots shall meet the front yard setback requirements for each street on which the lot fronts.
(b) 
Front yards.
(1) 
Average front yard setback. The minimum depth of the front yard for the vacant lot situated between two improved lots, the front yard of the vacant lot shall be equal to the average of the front yards of existing buildings on either side. In no case shall it be closer than the required front yard setback of the district in which the lot is located.
(2) 
Front yard coverage. The front yard cannot be covered with impervious surfaces other than the permitted driveway which shall not exceed 20 feet in width.
(c) 
Projections into required yards.
(1) 
Generally. Every part of a required yard in a zoning district must be open to the sky, unobstructed except for the ordinary projection of unenclosed porches, balconies, steps, sills, belt courses and cornices. Ornamental features may project up to four inches.
(2) 
Open or lattice fire escapes, required by law and projecting into a yard not more than five feet and the projection of chimneys and pilasters shall be permitted by the Commissioner of Code Enforcement when placed not to obstruct light and ventilation.
(3) 
Canopies constructed to shelter building entrances shall not be located closer to any curbline than two feet.
(4) 
Awnings over windows and doors shall project a maximum of three feet from the wall of the building they are erected on.
(5) 
Unenclosed porches and decks, whether having a roof or not, shall project not more than eight feet into any required front yard, not more than three feet into any required side yard and not more than 15 feet into any required rear yard. In the R1 District, for the front yard, in no case shall the porch or deck come closer than 10 feet to the front lot line.
(6) 
Where a R1 or RM District abuts any other district on a street line, there shall be provided in the other district, for a distance of 50 feet from the district boundary line, a front yard at least equal in depth to that required in the residence district. Where the side or rear yard in a residence district abuts a side or rear yard in a nonresidence district, there shall be provided along such abutting line a side or rear yard at least equal in depth to that required in the residence district. In no case, however, shall the abutting side yard be less than 10 feet and the abutting rear yard be less than 20 feet.
[Ord. No. 4, 2-3-2021]
(a) 
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.
(b) 
All swimming pools shall be considered structures and meet the setback requirement provisions of this chapter.
(c) 
Private pools shall not be located within a front yard in any district.
(d) 
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.
(e) 
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.
(f) 
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]
[1]
Editor's Note: Said appendix is on file in City offices.
(g) 
Electrical wiring. All electrical wiring shall be done by a local licensed electrician.
[Ord. No. 4, 2-3-2021]
(a) 
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.
(b) 
There shall be a fence permit fee as established by the City of Utica and posted in the “Fee Schedule.”
(c) 
Fences may be erected in R1 and RM Districts subject to the following:
(1) 
Fences may be erected to a height of six feet above the existing grade in any side, rear or corner side yard.
(2) 
All solid fences measuring more than three feet high are prohibited in the front yard of both inside and corner lots, and furthermore, all opaque fences are prohibited in the corner side yard of reversed corner lots.
(3) 
On residential lots which back upon a major thoroughfare, a fence may be erected to a height of six feet along the rear lot line.
(4) 
A fence which is constructed on that portion of property which abuts an alley shall be permitted a height of 5 1/2 feet.
(5) 
A fence which is constructed on that portion of property which abuts any property zoned and used for a business use or a parking lot shall be permitted a height of six feet.
(6) 
A fence which is constructed to screen a patio which does not exceed 25 feet in length shall be permitted a height of six feet.
(d) 
Fences shall be created in the UMU, NMU, I, and IMU subject to the following:
(1) 
When a commercial use adjoins a R1 or RM District, a solid six-foot-high fence, measured above the existing grade, shall be erected along any lot line that adjoins said residential district with the exception of the front lot line and corner side lot line where no fence shall be required except in compliance with the design standards for off-street parking facilities as set forth in Article VI, off-street parking and loading requirements.
(2) 
A solid six-foot-high fence shall be erected to enclose and screen all refuse collection areas or facilities.
(3) 
A solid fence shall be erected to screen and enclose all outdoor storage of materials, motor vehicles and other equipment, with the exception of motor vehicles in off-street parking facilities. The height of such fence shall be equal to the height of the material or equipment stored, but shall not exceed 10 feet in height. If such fence is in the front yard it shall not obstruct vehicular site lines.
(4) 
An open fence may be erected in the interior side yard or rear yard of a lot in any commercial district to a height not to exceed six feet above the existing grade.
(e) 
Public utility and public recreational uses.
(1) 
Open fences may be installed in any side or rear yard to a height not to exceed eight feet.
(2) 
Public utility uses such as transformer substations, or other such uses, shall be fenced. The top of such fences may include barbed wire when deemed necessary for public safety by the Commissioner of Urban and Economic Development, and approved by the Common Council.
(3) 
Whenever the lot line of such a utility use coincides with a lot line in a residential district, or whenever such utility use fronts on a public street, the fencing installed shall provide adequate screening. Such screening shall be accomplished by means of a solid fence approved by the Commissioner of Urban and Economic Development.
(4) 
In addition to the fencing, shrubbery shall be provided to a height of not less than five feet. The plan for such fence and screening shall be approved by the Commissioner of Urban and Economic Development.
(5) 
Public recreation areas may be enclosed along their boundaries with an open type fence to a height not to exceed eight feet. Tennis courts and other similar uses may be fenced in accordance with national standards for such uses.
(f) 
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.
[Ord. No. 4, 2-3-2021]
(a) 
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.
(1) 
All waste receptacles shall be enclosed and screened by a combination of fence wall, and/or landscape materials as approved by the Commissioner of Urban and Economic Development.
(2) 
A solid screen of a minimum height equal to the height of the waste receptacle shall be erected around three sides of the waste receptacle excluding the side for access.
(3) 
Access to the waste receptacle shall be screened by a solid gate and shall remain closed and secured at all times excluding of loading and unloading of material within said waste receptacles.
(4) 
All commercial businesses are required to locate their respective waste receptacles 100 feet from any residential property. If 100 feet is not feasible, then it is required that the waste receptacles are located at the maximum extent that is practical, away from any residential property.
(b) 
All existing waste receptacles in the City must comply with the aforementioned conditions within 180 days of adoption of this chapter. Failure to comply within the 180-day grace period will result in a notice in order to comply and a possible fine.
[Ord. No. 4, 2-3-2021]
(a) 
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.
(b) 
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.