Accessory structures shall be prohibited in the front yard.
In accordance with FAA regulations, any structure that is 200 feet or more in height above ground level for any portion of the structure shall require a Federal Aviation Administration Form FAA-7460 to be filed for obstruction evaluation.
A. 
Purpose. The intention of this overlay district is to promote active commercial uses on the ground floor of buildings located within the overlay district.
B. 
No new residential uses are permitted on the ground floor of buildings located within the City Center Overlay District.
The lot line opposite the street address shall be used to establish the rear yard. Street address should be assigned to the facade that has the primary functional entrance. If there is a functional entrance on both facades, then the Department of Engineering, in consultation with the Planning and Community Development Department, will determine which one is more consistent with the rest of the street or adjacent corners.
The provisions of this chapter, including setback requirements, shall not apply to unroofed decks, terraces, steps or other similar features at or below the level of the floor of the first story even if attached to a building except such features associated with outdoor drinking and eating establishments as stated herein.
A. 
No person, firm or corporation shall commence the erection, construction, or alteration of any fence without first applying for, and obtaining, a fence permit from the Bureau of Code Enforcement for each such fence.
B. 
Application for a fence permit shall be made to the Bureau of Code Enforcement on forms provided by Code personnel and shall contain the information requested on such forms plus any additional information as may be determined as necessary.
C. 
All applications shall be signed by the owner of the property upon which such work is to be performed. Where such application is made by a person other than the owner, it shall be accompanied by written authorization of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
D. 
In all districts, except the Industrial District, no fence shall be more than six feet in height, except as otherwise restricted below. In the Industrial District no fence shall be more than eight feet in height.
E. 
The height of a fence shall not include post finials extending above the fence.
F. 
Fences located less than 20 feet from a street line:
(1) 
Shall not be more than four feet in height.
(2) 
Shall be of an open design, such as ornamental iron, split rail or picket where the ratio between space and fence material is at least 1:1, except as otherwise restricted below.
(3) 
Shall not be located less than five feet from a neighbor's driveway or a shared driveway.
G. 
Fences shall not be located within a triangular shaped area on either side of a driveway, which is delineated and measured starting from a point located at the intersection of the driveway edge and the sidewalk (or street line in the absence of a sidewalk) a distance of 10 feet along the sidewalk (or street line) and 10 feet along the driveway and a line connecting the end points of the two lines, except for fences having a ratio between space and fence material of greater than or equal to 4:1 and as otherwise restricted below.
H. 
The side of the fence facing away from the fence owner's property shall have a finished quality.
I. 
Chain-link fences shall be more than 20 feet from a street line, except in the Industrial District.
J. 
Electric fences shall not be allowed.
K. 
Barbed-wire fences shall not be allowed, except on top of chain-link fences at least six feet in height in the Industrial District.
L. 
Ornamental landscaping features, such as stone walls, retaining walls and planters, less than 36 inches in height, shall be considered decorative features and not fences.
A. 
Applicability.
(1) 
A landscape plan is required as part of every site plan review application.
(2) 
Landscaping is required to minimize negative impacts from development by creating visual and noise buffers between adjoining property uses and promoting harmonious streetscapes. The intent of these standards is also to replace trees lost due to development and to establish incentives for the preservation of existing trees.
(3) 
These standards will also provide direction to the applicants where buffer zones are required.
B. 
General provisions.
(1) 
A tree planting schedule shall be included on each landscape plan. No one species of trees may take up more than 15% of the total amount of the proposed tree plantings.
(2) 
Trees from the list provided below shall be referenced in developing the landscape plan. Tree diameter shall be measured four feet from the base of the tree (diameter at breast height or DBH). The developer/owner shall make every effort to preserve and protect existing significant trees over 12 inches in diameter.
(3) 
Tree removal or planting in the City right-of-way shall be in accordance with Chapter 287 of the Code of the City of Watertown.
(4) 
Landscaping must be permanently maintained in a healthy growing condition at all times. The property owner is responsible for replacing any trees or landscaping approved as part of site plan or special use permit approval that dies after planting.
(5) 
The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other permanent maintenance of all plantings as needed.
C. 
Landscaped strips along street rights-of-way.
(1) 
A landscaped strip shall be provided adjacent to all public and private rights-of-way and streets in the Commercial (C), Neighborhood Mixed Use (NMU), Urban Mixed Use (UMU), Downtown (D), Industrial (I), Parks and Open Space (P&OS), Planned Development District (PDD), Waterfront Overlay District (WFO), City Center Overlay (CCO), and Planned Campus (PC) Districts regardless of setback distance. It shall be a minimum of 15 feet wide exclusive of the street right-of-way. Where the setback is less than 15 feet wide, a landscape strip shall be provided within the setback area. Within the landscaped strip, one large deciduous tree (two inches DBH minimum) shall be provided every 40 linear feet or one small to medium deciduous tree (1.5 inches DBH minimum) shall be provided every 20 linear feet. Planting beds with shrubs, perennials, annuals, native or ornamental grasses are recommended in between the trees.
(2) 
Where parking lots and/or driveways abut the landscaped strip along the street right-of-way, shrubs shall be used for screening in addition to the shade trees. The screening shall be a plant species that grows to a minimum of three feet high and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility setbacks. A landscaped berm may also be utilized to screen the parking lots and driveways. If used, the berm shall be a minimum of 30 inches above the average grade of the street and parking lot curbs with a slope not to exceed 3:1. If a parking lot is located 50 feet or more from the street right-of-way, no screening shrubs or berm are required.
(3) 
Street level landscaping shall not interfere with visibility of drivers entering or exiting or driving by the property. All landscaping (trees, shrubs, and planted beds) shall be a distance of 10 feet from any driveway or street intersections.
D. 
Side and rear yard landscaping.
(1) 
A side and rear yard landscaped strip shall be provided that is at least 10 feet wide. Within the landscaped strip, a minimum of one large deciduous tree (two inches DBH minimum) shall be provided every 40 linear feet or one small to medium deciduous tree (1.5 inches DBH minimum) should be provided every 20 linear feet. Planting beds with shrubs, perennials, and/or annuals or (native/ornamental) grass areas are recommended in between the trees. Where parking lots and driveways abut the landscaped strip, shrubs shall be considered for screening in addition to the shade trees. The screening shall be a plant species that grows to a minimum of three feet high and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility setbacks. A landscaped berm may also be utilized to screen the parking lots and driveways. If used, the berm shall be a minimum of 30 inches above the average grade of the street and parking lot curbs with a slope not to exceed 3:1. If a parking lot is located 50 feet or more from the street right-of-way, no screening shrubs or berm will be required.
E. 
Interior parking lot landscaping.
(1) 
Interior parking lot trees and landscaping is required in addition to the landscaped strip. Trees shall be provided in each parking lot at a minimum average density of one large deciduous tree (two-inch DBH) for each 15 parking spaces, or any fraction thereof.
(2) 
The interior parking lot trees and landscaping shall be evenly distributed throughout the parking lot.
(3) 
Landscaped islands within parking lot areas shall be a minimum of nine feet by 18 feet in dimension.
F. 
Exterior parking lot landscaping. A landscaped strip shall be provided around the perimeter of any parking lot exclusive of driveways. The landscaped strip shall be a minimum of eight feet wide, except where other provisions apply. Within the perimeter landscaped strip, one large deciduous tree (two inches DBH minimum) shall be provided every 40 linear feet or one small to medium deciduous tree (1.5 inches DBH minimum) shall be provided every 20 linear feet or one large coniferous tree (six feet minimum) shall be provided every 20 linear feet.
G. 
Buffer zone requirements between residential and nonresidential districts.
(1) 
A buffer zone between residential and nonresidential and districts is required. The purpose of the buffer zone(s) is to separate land uses and offer visual screening between uses that may not be compatible.
(2) 
The required buffer areas within each listed zoning district shall contain the following landscaping:
(a) 
Planned Campus Districts. A landscaped strip shall be provided to separate the Planned Campus District from the Residential (R) District. The landscaped strip shall be a minimum of 15 feet wide. Within the landscaped strip, one large deciduous tree (two inches DBH minimum) shall be provided every 40 linear feet, or one small to medium deciduous tree (1.5 inches DBH minimum) shall be provided every 20 linear feet, or one large coniferous tree (six feet minimum), stagger planted, shall be provided every 15 linear feet. Planting beds containing assorted shrubs are recommended in between the trees.
(b) 
Commercial, Downtown, UMU, and NMU Districts. A landscaped strip shall be provided to separate the C, D, UMU and NMU Districts from the Residential (R) District. The landscaped strip shall be a minimum of 15 feet wide. Within the landscaped strip, one large deciduous tree (two inches DBH minimum) shall be provided every 35 linear feet, along with planting beds in between the trees containing assorted shrubs or one small to medium deciduous tree (1.5 inches DBH minimum) shall be provided every 20 linear feet, along with planting beds in between the trees containing assorted shrubs or one large coniferous tree (six feet minimum), stagger planted, shall be provided every 15 linear feet. In addition to the required trees and shrubs, a six-foot-high opaque fence (stockade or equal) shall be provided.
(c) 
Industrial districts. A landscaped strip shall be provided to separate the Industrial District from the Residential (R) District. The landscaped strip shall be a minimum of 20 feet wide. Within the landscaped strip, one large deciduous shade tree (two inches DBH minimum) shall be provided every 35 linear feet, along with planting beds in between the trees containing assorted shrubs or one small to medium deciduous tree shall be provided every 20 linear feet, along with planting beds in between the trees containing assorted shrubs or one large coniferous tree (six feet minimum), stagger planted, shall be provided every 12 linear feet. In addition to the required trees and shrubs, an eight-foot-high opaque fence (stockade or equal) shall be provided.
H. 
Special provisions for existing sites. When an existing site is undergoing any external alteration or expansion of the site or building, the objective of these standards is to bring the existing site into compliance with the standards of this section in relation to the extent of expansion or change on a site.
I. 
Incentives to preserve existing trees.
(1) 
The Planning Commission encourages the preservation of quality and mature trees by providing credits toward the required landscaping. Trees intended to be preserved shall be indicated with a special symbol on the landscape plan and shall be protected during the construction through use of a fence around the dripline. To obtain credit, the preserved trees shall be of a high quality and at least 2 1/2 inches in diameter. Trees to be preserved shall be counted for credit only if they are located on the developed portion of the site as determined by the Planning Commission. The credit for preserved trees shall be as follows:
Diameter of Preserved Tree
(in inches)
Number of Trees Credited
Over 12
5
8 to 11.9
4
2.5 to 7.9
2
(2) 
Credit for preserving existing trees may not be utilized in lieu of trees in the landscaped strip along street rights-of-way or the required buffer zone. Credit may be applied only to required interior or exterior parking lot tree planting. Any preserved trees receiving credit which are lost within three years after construction completion shall be replaced by the landowner with trees otherwise required.
J. 
Recommended tree species.
(1) 
The following list of trees is recommended for use in fulfilling the requirements of these standards. The list is not meant to be exclusive but rather a guideline to indicate types of trees that have been found to grow well in the Watertown area in urban soils.
(a) 
Small to medium deciduous trees
Acer tataricum
Tatarian maple
Acer saccharum
Sugar Cone' Sugar-cone maple
Amelanchier spp. (varieties)
Serviceberry varieties
Aesculus x carnea (varieties)
Red horsechestnut
Carpinus caroliniana
American hornbeam
Cercis canadensis
Eastern redbud
Cornus florida
Flowering dogwood
Cotinus obovatus
American smoketree
Cornus mas.
Cornelian-cherry dogwood
Crataegus crus-galli inermis
Thornless cockspur hawthorn
Crateagus phaenopyrum
Washington hawthorn
Gleditsia triacanthos 'Impcole'
Imperial honeylocust
Maackia amurensis
Amur maackia
Maclura pomifera 'white shield'
White shield osage orange
Malus spp. (cultivars)
Crabapple
Ostrya virginiana
Eastern hophornbeam (Ironwood)
Syringa reticulata (varieties)
Japanese tree lilac
(b) 
Large deciduous trees.
Acer x fremanii (varieties)
Freeman maple
Acer rubrum (varieties)
Red maple
Acer saccharum
Sugar maple
Acer saccharum subsp. nigrum
Black maple
Aesculus hippocastanum (varieties)
Horsechestnut
Betula papyrifera
Paper birch
Catalpa x erubescens 'Purpurea'
Purple leaf catalpa
Catalpa speciosa
Northern catalpa
Celtis occidentalis
Hackberry
Corylus colurna
Turkish filbert
Gingko biloba (cultivars)
Gingko
Gleditsia triacanthos inermis (varieties)
Thornless honeylocust
Gymnocladus dioicus
Kentucky coffeetree
Liriodendron tulipifera
Tulip tree
Platanus x acerfolia
London planetree
Prunus sargentii
Sargent cherry
Quercus bicolor
Swamp white oak
Quercus macrocarpa
Bur oak
Quercus muehleenbergii
Chinkapin oak
Quercus robur (varieties)
English oak
Quercus rubra
Northern red oak
Taxodium distichum
Bald cypress
Tilia americana (cultivars)
American linden
Tilia cordata (varieties)
Littleaf linden
Tilia x flavescens 'Glenleven'
Glenleven linden
(c) 
Large coniferous trees.
Abies balsamea
Balsam fir
Abies concolor
White fir
Juniperus virginiara
Red cedar
Picea abies
Norway spruce
Picea glauca
White spruce
Picea pungens glauca
Colorado blue spruce
Picea omorika
Serbian spruce
Pinus nigra
Austrian pine
Pinus strobus
White pine
Pseudotsuga menziesii
Douglas fir
Thuja occidentalis (varieties)
Northern white cedar
(2) 
Applicants should coordinate with the City Planning and Community Development Department to review the proposed planting plan to determine appropriate species for the project.
A. 
No replacement or installation of new lighting fixtures shall be permitted unless in conformance with this section.
B. 
These standards may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review.
C. 
General requirements for all zoning districts.
(1) 
All outdoor lights and illuminated signs shall be designed in such manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property.
(2) 
Light trespass. Light trespass shall not exceed 0.25 footcandle at the property line of properties with residential uses. Light trespass shall not exceed 0.5 footcandle at the property line for all other uses.
(3) 
Electrical feeds. Electrical feeds to lighting standards shall be run underground, not overhead.
(4) 
Time controls. All nonessential lighting shall be time controlled. "Nonessential" can apply to display, aesthetic, parking and sign lighting.
(5) 
Shielding. All outdoor fixtures shall be fully shielded and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. The lighting shall also be shielded to prevent direct glare and/or light trespass, and shall be, as much as physically practical, contained to the target area.
(6) 
Prohibitions. The following is prohibited:
(a) 
Uplighting. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes must be lit from the top and shine downward.
(b) 
The use of laser lighting for outdoor advertising or entertainment and the operation of searchlights for advertising purposes.
(c) 
Unshielded wallpack-type fixtures.
(d) 
Lighting that changes in color, intensity, direction, etc., is prohibited.
(e) 
An exception to the above includes the lighting of the United States flag.
A. 
If there is an outdoor space that will be used for dining, it shall be set back at least 30 feet when adjacent to the Residential (R) District. This distance may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review and that a thirty-foot setback is unnecessary.
B. 
Outdoor spaces used for dining adjoining a Residential District shall be closed to patrons by 11:00 p.m.
C. 
Outdoor spaces used for outdoor cooking of food shall be set back at least 30 feet when adjacent to an R District. This distance may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review and that a thirty-foot setback is unnecessary.
D. 
Outdoor music, live or recorded, adjoining a Residential (R) District shall be closed to patrons by 8:00 p.m. on weeknights (Sunday to Thursday) and 11:00 p.m. on weekend nights (Friday and Saturday).
E. 
The fence regulations herein may be waived or modified for the purposes of screening the outdoor dining area from the adjacent residential use by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review.
The following activity standards shall apply to all uses in all districts.
A. 
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.
B. 
Vibration. No vibration discernible at the lot lines or beyond shall be permitted.
C. 
Smoke. No emission of visible gray smoke of a shade equal to or darker than No. 2 on the Ringelmann Chart, measured at the point of emission shall be permitted.
D. 
Odors. No obnoxious odor noticeable at the lot line or beyond shall be permitted.
E. 
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.
F. 
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.
G. 
Radioactivity. No activities which emit dangerous radioactivity at any point, as covered by federal government standards, shall be permitted.
H. 
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.
I. 
Electrical emissions. Electrical operations shall not create disturbances to other types of electrical transmissions in the vicinity.
J. 
Vermin. No material stored either indoors or outdoors in a manner which attracts vermin shall be permitted.
Parcels located in the Planned Campus District that collectively function as a single site with similar, complementary or common uses shall be treated as a single entity for determining parking and signage requirements.
A. 
A recreational vehicle intended for portable temporary housing of guests or occupants may be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot for up to 30 consecutive days within a twelve-month period. There shall be no fee charged for such occupancy.
B. 
A recreational vehicle may be used for temporary housing of the owner of the lot on which a residential dwelling is being constructed in conjunction with a valid building permit.
C. 
Recreational vehicles on undeveloped lots shall not be permitted.
D. 
Recreational vehicles shall:
(1) 
Not be allowed in front yard setback.
(2) 
Not operate a generator between the hours of 10:00 p.m. and 7:00 a.m.
(3) 
Have proof of adequate water, sewer, and electric provisions.
A. 
All swimming pools must comply with New York State requirements.
B. 
All swimming pools shall be considered structures and meet the setback requirement provisions of this chapter.
C. 
Private pools are prohibited in all front yards.
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. 
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.
A. 
The Bureau of Code Enforcement is authorized and may, at its discretion, issue permits for temporary structures and/or uses, on public or private property by private sponsors, except as may otherwise be regulated in this chapter, for a prescribed term, granting the minimum necessary but not to exceed six months.
B. 
Exception. Temporary uses and structures shall not include the use of recreational vehicles, travel trailers or other mobile dwellings, tents, or yurts except for housing related to a federal, state, or local emergency declaration.
C. 
Permit standards.
(1) 
The granting of the temporary permit shall be in writing and shall stipulate any conditions as to time, nature of use and or structures permitted, and arrangements for removal and restoration as necessary.
(2) 
If the operator of the temporary use is not the owner of the site where the temporary use will be located, written permission from the property owner is required.
(3) 
Temporary permits are subject to any reasonable conditions and safeguards to minimize any injurious effect on the neighborhood or contiguous property.
(4) 
The granting of a temporary permit shall be accompanied by written stipulations regarding the following, as needed: setbacks, lot coverage, off-street parking signage and lighting to protect the public health, safety, peace, morals, comfort, convenience, and general welfare of the immediate vicinity.
(5) 
All temporary uses must meet any applicable federal, state, and local requirements, including, but not limited to, licensing, health, safety, and building and fire code requirements.
D. 
Specific requirements for outdoor special events.
(1) 
Outdoor special events adjoining a Residential District shall be closed by 11:00 p.m.
(2) 
For outdoor special events, outdoor cooking of food shall be set back at least 30 feet when adjacent to an R District.
(3) 
Outdoor music, live or recorded, adjoining a Residential (R) District shall be finished by 8:00 p.m. on weeknights (Sunday through Thursday) and 11:00 p.m. on weekends (Friday and Saturday).
E. 
Granting of temporary uses. For periods longer than six months, the Zoning Board of Appeals may grant, after due notice and public hearing, the temporary occupancy and use of a structure or lot in any district for a purpose that does not conform to the district requirements, provided that such occupancy and use is a temporary one and subject to any reasonable conditions and safeguards which the Board may impose to minimize any injurious effect on the neighborhood or contiguous property. The permit shall be granted for a period of 12 months and shall be renewable for a period of not more than 12 months.
A. 
All trash dumpsters shall be located so as to have easy access for removal and not to interfere with internal vehicular and pedestrian circulation or with normal traffic patterns on adjoining streets.
B. 
All trash dumpsters shall be enclosed and screened by a combination of fence or wall and landscape materials.
C. 
A solid screen of a minimum height equal to the height of the dumpster shall be erected around three sides of the dumpster, excluding the side for access.
D. 
Access to the dumpster 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 dumpster.
E. 
No trash dumpster/enclosure shall be located in the front yard or City right-of-way of any property.
F. 
Trash dumpsters shall not be located within any required setback area.
No structure, fence or shrubbery over three feet in height shall be maintained on any corner lot within a triangular shaped area which is formed and measured starting from a point located at the intersection of the two street lines to the points on such lines a distance of 40 feet from their intersection and a line connecting such points.