For the purpose of this chapter, the Town of New Hartford is
hereby divided into the following zoning districts:
A.
Parks and Recreation (PR). The Parks and Recreation District represents
park and recreation lands and facilities within the Town. The intent
of the district is to continue the use of these areas for park and
recreational purposes.
B.
Agricultural District (A). The Agricultural District is located in
the southeast and southwest corners of the Town. Its purpose is to
recognize and preserve the agricultural and open-space character of
these areas by limiting the type, density and form of development.
Clustering of residential development is encouraged in this district
to maintain as much open space as possible.
C.
Residential Agricultural District (RA). The Residential Agricultural
District is located in the more southern half of Town adjacent to
the Agricultural District. Its purpose is to serve as a transition
between lower-density rural areas and higher-density neighborhoods.
D.
Low-Density Residential District (LDR). Low-Density Residential Districts
in New Hartford are purely single-family neighborhoods, located at
the edge of the Village of New Hartford and intensively developed
areas of Town.
E.
Medium-Density Residential District (MDR). Medium-Density Residential
Districts are located adjacent to and farther from the Town center
than LDR Districts and are developed at higher densities than LDR
Districts and also include two-family residential dwellings and townhouses
on zero lot lines.
F.
High-Density Residential District (HDR). High-Density Residential
Districts encompass apartment complexes and other forms of high-density
housing, including townhouses and condominiums, with zero lot lines
and are located in the Town's most intensively developed areas.
G.
Mobile Home Park District (MHP). The Mobile Home District designation
applies to mobile home parks which are existing or planned and is
the only zone which provides for the placement of mobile or manufactured
homes.
H.
Mixed-Use District (MU). The purpose of the Mixed-Use District is
to preserve existing areas and encourage new development where there
is a mix of compatible small-scale neighborhood commercial and residential
uses. New commercial development is intended to be at a type and scale
compatible with the provision of basic services to nearby residents.
I.
General Commercial District (C-1). The General Commercial District
is located along Commercial Drive and portions of Seneca Turnpike
and Middle Settlement Road where retail business serving New Hartford
and the greater region is located. The purpose of this district is
to continue to allow for the orderly development of retail and service
uses serving regional needs.
J.
Retail Business (C-2). The Retail Business District is located in
areas throughout the Town of New Hartford where local retail, service
and other businesses are encouraged. This district includes existing
small shopping plazas serving local villages and neighborhoods.
K.
Professional Office District (C-3). The Professional Office District
designation applies to areas along major circulation routes where
large single-family homes have been converted to offices. The intent
of this district is to allow for the conversions of residential structures
to offices and permit other smaller-scale professional office and
service retail establishments that are generally compatible with residential
uses that may still exist in these corridors.
L.
Manufacturing District (M). Manufacturing Districts are devoted to
heavy industry. They are primarily found in Chadwicks, north of the
Village of New Hartford and City of Utica, and along Middle Settlement
Road.
M.
Institutional District (I). Institutional Districts encompass a variety
of public and private uses, including schools, health care services,
residential care facilities, religious institutions and government
buildings and other associated commercial uses that often serve, or
are related to, the nearby institutional uses, including general offices
and eating establishments.
N.
Natural Environment Overlay Zones. This chapter establishes five overlay districts designed to protect areas of the Town which contain unique or rare natural features or resources. The purpose of the overlay districts is established below, and the development requirements in these overlay districts are discussed in Article VI.
(1)
Stream Corridor Overlay District (SCOD). This district applies to
the one-hundred-year floodplain of Mud Creek and Sauquoit Creek and
to areas within 50 feet of the center line of perennial streams.
(2)
Wetlands Overlay District (WOD). This district applies to all New
York State Department of Environmental Conservation mapped and designated
wetlands as well as a one-hundred-foot buffer around such wetland
areas.
(3)
Aquifer Overlay District (AOD). The district applies to those portions
of the Town underlain by identified aquifers and not serviced by public
water and sewer.
(4)
Steep Slope Overlay District (SSOD). This district applies to all
areas having slopes in excess of 15%.
(5)
Natural Resource Protection District (NRPD). This district applies
to those areas of the Town which contain unique or rare natural features
or resources. Examples include areas of unique physical features or
unique wildlife habitats.
O.
Planned Development Districts (PDD). The purpose of the Planned Development
District (PDD) is to provide a mechanism for flexible land use and
design through creative planning and design. PDDs allow development
matched to the unique characteristics of the site and allow innovative
development techniques that might not otherwise be possible through
strict application of standard use, area, bulk and density specifications.
The following PDDs may be established on the Zoning Map with an approved
PDD application and Zoning Map amendments:
(1)
Recreational Activity Planned Development District (RAPDD). The Recreational
Activity Planned Development District is intended to allow for the
development of a mix of public and commercial recreational activities
and their ancillary uses, which may include, but are not limited to,
snack bars, clubhouses, and pro shops.
(2)
Residential Planned Development District (RPDD). The Residential
Planned Development District is intended to provide for creative developments
which provide for a variety of housing types and styles suitable for
a variety of income levels.
(3)
Mixed Use Planned Development District (MUPDD). The Mixed Use Planned
Development District is intended to provide for a mix of compatible
residential and commercial uses.
(4)
Business Planned Development District (BPDD). The Business Planned
Development District is intended to provide for a variety of retail,
professional office, commercial, and light industrial uses.
The location and boundaries of the zoning districts are shown
on the Town of New Hartford Zoning Map. Said map, together with all
explanatory material thereon and all amendments thereto, is hereby
adopted and is declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
Where uncertainty exists with respect to the boundaries of any
of the zoning districts as shown on the Zoning Map, the following
rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center line of streets, alleys, highways or railroads, such lines
shall be construed to be district boundaries.
B.
Where district boundaries are indicated as approximately following
a stream or other body of water, such stream, lake, or body of water
shall be construed to be such district boundaries, unless otherwise
noted.
C.
Where district boundaries are indicated as following lot lines, such
lot lines shall be construed to be said boundaries.
D.
Whenever any street, alley or other public way is abandoned in the
manner authorized by law, the district adjoining each side of such
street, alley, or public way shall be automatically extended to the
center of the former right-of-way, and all of the area included in
the vacation shall then and henceforth be subject to all regulations
of the extended districts.
E.
In the event that none of the above rules is applicable or in the event that further clarification or definition is considered necessary or appropriate, the location of the district boundary shall be determined by the Code Enforcement Officer, and this determination may be appealed to the Zoning Board of Appeals pursuant to Article XIV.
