A.
Purpose and intent. The purpose and intent of these regulations is
to protect the health, safety and general welfare of residents of
the City of Glens Falls by ensuring that development covered by these
regulations shall:
(1)
Have exterior designs and use exterior materials that are compatible
and in harmony with other permitted uses and structures.
(2)
Develop landscaping plans that are compatible with the character
of other existing buildings and uses.
(3)
Be discouraged from the use of incongruous, distorted or unnatural
combinations or bizarre designs of buildings, color schemes or exterior
materials.
B.
Appointment of Architectural Review Committee. An Architectural Review
Committee is hereby designated, whose membership shall be constituted
of the members of the Planning Board. If the membership of the Planning
Board does not include an architect registered in the State of New
York, one shall be appointed by the Mayor and the Chairman of the
Planning Board to serve as a consultant to the Planning Board on all
matters relating to architectural review.
C.
Designation of zoning districts in which development is subject to
architectural review and approval. The regulations for each zoning
district established under this chapter shall indicate which uses
are subject to the architectural review regulations.
D.
Procedure.
(1)
An application for a building permit for any use or structure which
is subject to the architectural review requirements shall be made
to the enforcement officer with the following information:
(2)
The enforcement officer shall, within seven days of receiving such
plans, submit them to the Architectural Review Committee.
(3)
No building permit shall be issued by the enforcement officer for
any structure or use subject to architectural review unless approved
by the Architectural Review Committee or unless the Architectural
Review Committee shall have failed to render a written decision to
the enforcement officer within 30 days of the submission of plans
to such Committee.
E.
Architectural review considerations and decisions.
(1)
The Architectural Review Committee shall, within 30 days of receiving
such plans, render a decision as to the acceptability of the plans
based on the following considerations:
(a)
Harmony of exterior design with other properties in the architectural
zone where similar uses are permitted.
(b)
Compatibility of exterior materials to be used with the exterior
materials used on buildings in the architectural zone where similar
uses are permitted.
(c)
Compatibility of the proposed landscaping.
(d)
Prevention of the use of incongruous, distorted or unnatural
combinations or bizarre designs of buildings, color schemes or exterior
materials.
(2)
The Architectural Review Committee shall, in its review, accept or
reject the proposed plans. If the plans are rejected, the Architectural
Review Committee shall indicate in its report the reasons for such
rejection.
A.
Off-street parking required; exceptions.
(1)
In all districts, except for the area hereinafter described, there
shall be provided, at the time any new building or structure is erected,
off-street parking spaces open to the public for automobiles with
the requirements set forth herein.
(2)
In the following described area of the Central Business District,
residential and commercial users need not provide the minimum mandatory
off-street parking spaces required: that area beginning at the Civil
War Monument, thence northerly on Bay Street to the intersection of
Maple Street; thence east on Maple Street to the intersection of Church
Street; thence south on Church Street to the intersection of Warren
Street; thence west on Warren Street to the intersection of Glen Street;
thence generally, south on Glen Street to the intersection of Park
Street; thence westerly on Park Street to the intersection of Elm
Street: thence generally northwesterly on Elm Street to the intersection
of South Street; thence generally north on South Street to the point
of beginning, and also that area, bounded by Glen Street and Park
Street and generally comprising the old Post Star building, Sawyers,
the buildings along Park Street; along Park Street to the intersection
of Elm Street and the rectangular square delineated.
(3)
In the following described area of the Central Business District, residential and commercial users need not provide the minimum mandatory off-street parking spaces required: Beginning at the boundary line of the parcel described in § 220-26A(2) above where such parcel intersects with the intersection of South Street and Elm Street on the northwest corner, and extending southwest along South Street a distance of approximately 66 feet to the southern property line of tax parcel 309.28-1-11; thence westerly along the property line of tax parcel 309.28-1-11 and tax parcel 309.28-1-13 a distance of approximately 169 feet, to the intersection of the westerly property line of tax parcel 309.28-1-13, also known as 36 Elm Street; thence northeasterly along the property line of tax parcel 309.28-1-13 to the intersection of Elm Street; thence southeasterly along the property line of tax parcel 309.28-1-13 (36 Elm Street) and tax parcel 309.28-1-12 (45 South Street) to the point of beginning, thus establishing a rectangular area which is joined to the existing area exempt from parking and loading restrictions.
[Added 12-8-2005 by L.L. No. 9-2005]
B.
Existing structures and uses. Structures and uses in existence, or
for which building permits have been approved at the time of the adoption
of this chapter, shall not be subject, to the parking or loading requirements
of this article, provided that any parking or loading facilities then
existing to serve such structures or uses shall not in the future
be reduced, except where they exceed such requirements, in which case,
they shall not be reduced below such requirements. Required parking
and loading facilities for the existing portion of such uses shall,
however, be provided at the time of any enlargement of such existing
structures or uses in the future.
C.
New and expanded uses. The plan for any new building of use or any
expansion of an existing building or use, including any new or expanded
parking facilities, when submitted for a permit, shall show the location,
size and type of improvement for the off-street parking or loading
space required to fully comply with this chapter and the means of
access to such space from the public right-of-way. Except for one-
and two-family dwellings, no permit shall be issued until such plan
for parking and loading areas and access to them is approved by the
Planning Board. The Planning Board shall determine that traffic is
planned with regard to safety to traffic on the public street and
safety and adequacy of access for cars and pedestrians using the parking
facility. No certificate of occupancy shall be issued for any building
or land use until the required off-street parking and loading space
has been established or a variance has been granted therefrom by the
Zoning Board of Appeals.
D.
General requirements. For the uses listed in the table entitled "Off-Street
Parking Schedule,"[1] off-street parking shall be provided as required and subject
to the following rules and requirements.
(1)
When determination of the number of required parking spaces results
in the requirement of a fractional space, any fraction up to and including
1/2 shall be disregarded and fractions over 1/2 shall require one
parking space. The demand for identical land uses on a site may be
collectively calculated, but the demand for different land uses on
a site must be independently calculated.
(2)
When parking spaces are required on the basis of the number of square
feet of floor area, the gross floor area devoted to the use shall
be used.
(3)
When parking spaces are required on the basis of the number of employees
or staff, the maximum number present at any one time (greater than
a thirty-minute period) shall govern.
(4)
For uses not expressly listed in the mandatory off-street parking
table, parking spaces shall be provided on the same basis as required
for the most similar use listed, or as determined by the Planning
Board where site plan approval is required, or by the enforcement
officer in all other instances.
(5)
In general, off-street parking shall be provided on the same lot
or tax parcel as the principal use. The required off-street parking
may be provided on a separate lot or tax parcel that is within 300
feet of the parcel with the principal use, provided the two lots are
under the same ownership and there are covenants which tie the two
lots together.
(6)
Alternative off-street parking standards to those below shall be
accepted by the Planning Board if the applicant demonstrates that
such standards better reflect local conditions.
E.
Design requirements.
(1)
Dimensions.
(a)
Each off-street parking space shall have the following minimum
dimensions:
|
Parallel Parking
|
Perpendicular Parking
| |
|---|---|---|
|
Width (feet)
|
9
|
9
|
|
Length (feet)
|
22
|
18
|
|
Height (feet) (if indoors)
|
7
|
7
|
(b)
For parking spaces that are at various angles in relation to
curbs or aisles, the lines demarcating such parking spaces shall be
drawn to contain the same rectangular areas required by the above
perpendicular parking standard.
(c)
Parking spaces for physically impaired persons shall be at least
eight feet wide and shall have an adjacent aisle at least five feet
wide. Two accessible parking spaces may share a common access aisle.
(2)
Parking area aisle widths shall conform to the following table which
varies the width requirement according to the angle of parking:
|
Parking Angle
|
Aisle Width
(Feet)
| |
|---|---|---|
|
Degrees
|
One-Way Traffic
|
Two-Way Traffic
|
|
0
|
13
|
19
|
|
30
|
11
|
20
|
|
45
|
13
|
21
|
|
60
|
18
|
23
|
|
90
|
22
|
24
|
(3)
For all off-street parking areas with more than five spaces, driveways
shall not be less than 10 feet in width for one-way traffic and 22
feet in width for two-way traffic, except that ten-foot wide driveways
are permissible for two-way traffic when the driveway is not longer
than 50 feet; and it provides access to not more than 10 spaces; and
sufficient turning space is provided so that vehicles need not back
into a public street. Access drives to off-street parking areas shall
occupy not more than 25% of the total lot frontage, except that in
the case of lots with frontage in excess of 150 feet, the aggregate
width of such drives shall not exceed 48 feet for each 300 feet or
fraction thereof of lot frontage. Nothing in this section shall prevent
any lot from providing an access drive regardless of the frontage
of such lot.
(4)
Required off-street parking shall not be located within required
yard areas in office, commercial, and industrial districts. The driveway
and vehicle staging area for all drive-in facilities shall not be
located within required yard areas of the district in which they are
located.
(5)
Handicapped parking.
(a)
Accessible parking for physically impaired persons shall be
provided in accordance with the following:
|
Total Parking Spaces in Lot or Garage
|
Number of Handicapped-Accessible Parking Spaces
|
|---|---|
|
1 to 25
|
1
|
|
26 to 50
|
2
|
|
51 to 75
|
3
|
|
76 to 100
|
4
|
|
101 to 150
|
5
|
|
151 to 200
|
6
|
|
201 to 300
|
7
|
|
301 to 400
|
8
|
|
401 to 500
|
9
|
|
501 to 1,000
|
2% of total,
|
|
Over 1,000
|
Plus 1 for each 100 over 1,000
|
(b)
Each handicapped accessible parking space shall be marked with
a vertical sign.
(6)
Except for unusual or unique circumstances, as determined by the
Planning Board or the enforcement officer, all parking spaces will
be constructed with asphalt concrete or other material that will provide
equivalent protection against potholes, erosion and dust.
(7)
Parking spaces in areas surfaced in accordance with Subsection E(6), above shall be appropriately demarcated with painted lines or other markings.
(8)
All parking areas shall be adequately lighted.
(9)
In all parking areas of more than 15 spaces, landscaped areas amounting
to 10% of the total paved area of the lot shall be provided. The landscaped
area must be provided via islands wholly contained within the paved
area.
(10)
A strip of land at least five feet in width shall be provided
along the entire perimeter (exclusive of vehicular accessways) of
an off-street parking facility constructed for more than five vehicles.
Whenever any such strip abuts or is across the street from a residential
use or residential district lot, a solid evergreen hedge at least
five feet high shall be provided in the buffer strip.
(11)
All parking areas shall be adequately drained. All lots with
more than five parking spaces shall have drainage connected to a public
storm sewer, if such lot is within 500 feet of an available public
storm sewer system.
F.
Off-street parking schedule. Off-street parking spaces shall be provided
and maintained by the owner of the property as follows:
(1)
Residential uses:
|
Single-family dwelling
|
2 spaces
|
|
Two-family dwelling
|
2 spaces
|
|
Multifamily dwelling
|
1.5 spaces per dwelling unit
|
|
Boarding or rooming house; bed-and-breakfast, inn
|
1 space per bedroom, plus required spaces for resident occupants
of same and other dwelling units
|
(2)
General uses:
|
Church, or other place of worship, meeting hall, membership
club, auditorium, theater or other place of public seating assembly
not otherwise specified
|
1 space per 3 seats or 50 square feet of seating area where
fixed seating is not provided
|
|
School
|
1 space per 12 classroom seats or the auditorium requirements
as specified above, whichever is greater
|
|
College/University
|
0.5 spaces per full-time equivalent students in addition to
fraternity and sorority requirements (1.5 spaces per 2 beds)
|
|
Cultural facility (museum, library), art gallery or public/semipublic
area
|
1 space for each 300 square feet of gross floor area, plus 1
space for each employee
|
|
Nursing home
|
1 space for each 2 beds
|
|
Restaurant and tavern
|
1 space per 3 seats or 50 square feet of floor space available
to patrons, whichever is greater, whether such seats or floor area
are situated within an enclosed building or outdoor service area,
plus 1 space per employee
|
|
Health/Fitness club and dance studio
|
1 space per 100 square feet of gross floor area, plus 1 space
per 2 employees
|
(3)
Accessory uses:
|
Home occupation
|
1 space per 250 square feet of such use, if customers or clients
routinely visit the use
|
(4)
Business uses:
|
Funeral parlor
|
1 space per 3 seats within public areas, plus 1 space per employee
and business-related vehicle
|
|
Medical clinic and related health service office
|
5 spaces per professional, plus 1 space per employee
|
|
General or other professional office
|
1 space per 300 square feet of gross floor area, plus 1 space
per employee
|
|
Retail business, store or service shop
|
1 space per 200 square feet of gross floor area, plus 1 space
per employee
|
|
Personal service establishment
|
1 space per 200 square feet of floor area, plus 1 space per
employee
|
|
Hotel or motel
|
1 space per bedroom, plus 10 per 1,000 square feet of gross
floor area non-guest room area
|
|
Research institution/facility
|
1 space per 1,000 square feet of gross floor area
|
|
Service station
|
4 spaces per bay and work area
|
|
Shopping center
| |
|
Less than 490,000 square feet of gross floor area
|
4 spaces per 1,000 square feet of gross floor area
|
|
400,000 to 599,999 square feet of gross floor area
|
4.5 spaces per 1,000 square feet of gross floor area
|
|
600,000 or more square feet of gross floor area
|
5 spaces per 1,000 square feet of gross floor area
|
|
Automotive related use
|
1 space per 200 square feet of sales floor area, plus 1 space
per 600 square feet of service floor area, plus 1 space per company
vehicle
|
|
Financial institutions and banks
|
1 space per 200 square feet of floor area for customers and
1 space per 2 employees
|
|
Grocery store
|
1.25 spaces per 200 square feet of gross floor area
|
|
Convenience store
|
1 space per 150 square feet of floor area for customers, plus
1 space per employee
|
|
Hospital
|
1 space per 2 beds, plus 1 space per 2 employees
|
|
Publishing and printing establishment
|
1.25 spaces per employee
|
(5)
Recreational uses:
|
Indoor commercial recreational facility
|
2 spaces per alley, table, court or similar measure
|
|
Outdoor recreation areas
|
1 space per 200 square feet of area within enclosed buildings,
plus 1 space for every 3% that the outdoor facility is designed to
accommodate when used to maximum capacity
|
|
Park
|
To be determined by the Planning Board upon recognition of park's
size and type
|
(6)
Industrial uses:
|
Industry and manufacturing
|
1 space per number of employees on largest shift, or 800 square
feet gross floor area, whichever is greater, plus 1 space per company
vehicle
|
|
Warehouse
|
1 space per 1,000 square feet of gross floor area, plus 1 space
per employee
|
(7)
Miscellaneous:
|
Day-care center
|
1 space per 4 children (total children = amount of children
per session) plus 1 space per employee
|
|
Church/Place of worship
|
1 space per 3 seats
|
G.
Loading standards.
(1)
General facilities shall be provided as required for loading and
unloading of trucks on the site of the use served. As a general requirement,
all proposals for commercial, industrial and multifamily residential
uses which will require servicing by trucks shall detail on the site
plan the manner in which such servicing is to be provided, whether
off-street provisions are required or not. Generally, where the only
option for servicing is from a public right-of-way, the following
principles should be followed:
(a)
Trucks should be parked for loading and unloading purposes on
side streets or alleys when available.
(b)
Servicing should be provided from other than the principal entrance
of the use or uses.
(c)
When not available, effort shall be made to provide interior
loading areas or to schedule appropriate loading and delivery times.
(2)
Whenever possible, off-street loading berths, either open or closed,
shall be provided as follows:
(a)
Business uses:
|
Office and retail uses
|
1 berth per 5,000 to 25,000 square feet of gross floor area
and 1 additional berth for each additional 25,000 square feet except
where deliveries do not exceed 1 vehicle per day, no additional space
will be required
|
|
Hotel, motel
|
At least 1 berth per 30,000 square feet of gross floor area;
none required if area is less than 10,000 square feet
|
(b)
Industrial and one berth for the first 5,000 manufacturing square
feet of gross floor uses area and one additional berth for each additional
75,000 square feet, unless truck deliveries do not exceed one vehicle
per day, then no additional space will be required.
H.
Loading design standards.
(1)
Each required loading berth shall be at least 12 feet wide, 35 feet
long and 14 feet high.
(2)
Unobstructed access, at least 12 feet wide, to and from a street,
shall be provided. Such access may be combined with access to a parking
lot. All permitted or required loading berths shall be on the same
lot as the use to which they are accessory, except as permitted above.
(3)
Permitted or required loading berths, open or enclosed, may be provided
in spaces designed to serve jointly two or more adjacent establishments.
(4)
In general, off-street loading areas shall not be permitted in front
of any principal building.
(5)
No area allocated to loading and unloading may be used to satisfy
the area requirements for off-street parking, except for satisfying
the requirements for company vehicles, nor shall any portion of any
off-street parking area be used to satisfy the area requirements for
loading and unloading facilities.
(6)
Except for unique or unusual circumstances as determined by the Planning
Board or the enforcement officer, all off-street loading areas shall
be graded and surfaced with asphalt, concrete or other material that
will provide equivalent protection against potholes, erosion and dust.
(7)
All off-street loading areas shall be adequately drained and have
adequate lighting.
I.
Parking in front of residences.
[Added 8-14-2007 by L.L. No. 8-2007]
(1)
In all single- and two-family residential Zoning Districts, parking
of vehicles (including motor vehicles, boats, and/or trailers) is
prohibited in front of the residence, and is allowed only in designated
parking areas or in driveways served by a curb cut, or where there
is no curb, served by a paved apron connecting to the street pavement.
Locating a driveway in front of a residence is also prohibited.
(2)
IN FRONT
RESIDENCE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
That area between the wall of the residence and the property
line adjacent to the street which that wall faces, and further bounded
by imaginary lines extending from the corners at the ends of that
wall perpendicular to the said property line. For residences on corner
lots, the parking ban applies to the two areas formed as described
above between the walls of the residence and the property lines at
each street forming the corner, and the area of the property in between
those two areas.
A residential building, or any other principal building if
the property is not a residential use.
(3)
Exceptions:
(a)
Temporary parking in front of the residence shall be allowed
for purposes of loading or unloading or access for handicapped persons.
(b)
For purposes of this subsection, attached garages and breezeways
are not considered part of the principal structure (the residence),
and the prohibition of parking shall not apply to the area in front
of an attached garage or breezeway.
(c)
For residences with large enough front setback, it shall be
allowed for a driveway to pass in front of the residence if the part
of the driveway in front of the residence is located such that it
is set back at least as far as the minimum required front yard (setback),
or if adequate screening is provided to preclude it being an eyesore,
and if it is subjected to site plan review and approved by the Planning
Board with particular attention to lighting and landscaping.
(d)
Preexisting driveways and parking spaces.
A.
Purpose and intent.
(1)
The extensive prior development, mixed-use character and limited
area of the City of Glens Falls necessitates careful review of new
uses and development to mitigate the impact on neighboring properties,
traffic, resources and the general welfare of the City and its citizens.
(2)
The purpose and intent of site plan review and approval is to accomplish
that review to the extent necessary to protect the general interests
of the City.
B.
Procedures.
(1)
General. Before commencing any land use activity that is not otherwise
exempt from the provisions of this chapter, the owner of the property
where the activity is proposed to take place, or a person authorized
in writing to act for such owner, shall, in accordance with the provisions
stated herein, submit a site plan application with appropriate supporting
data to the Planning Board for review.
(2)
Sketch plan. An informal conference between applicant and the Planning
Board is strongly encouraged prior to submission of a site plan application
to review the proposed development in light of existing conditions
and to generally determine the information to be required in the site
plan. At the conference, the applicant shall provide either a verbal
or written statement and a rough sketch describing what is proposed,
together with a tax map, or equivalent, showing the location of the
building site and its relationship to the surrounding area.
(3)
Initial review. At the sketch plan conference, the Planning Board
will determine if the proposal is in conformity to the Master Plan
and, to the extent feasible, shall provide the applicant with an indication
of whether the proposal, in its rough concept, is acceptable or should
be modified before expenditures for more detailed planning are made.
The Planning Board shall also review with the applicant submission
requirements to determine what specific information is to be presented
with the site plan.
(4)
Application for site plan approval. To apply for site plan approval,
an applicant shall complete a site plan application form and file
it with the Planning Board, together with the site plans.
(5)
Site plan submission requirements. The site plan submitted for approval
and supporting documentation is to include but not be limited to all
of the following information:
(a)
Existing features and location map.
[1]
Title of site plan, including name and address of applicant,
the property owner and person responsible for preparing such drawing.
[2]
North arrow, scale and date.
[3]
Boundaries of property plotted to scale.
[4]
Location, size, approximate height and existing use of buildings
and other structures on premises.
[5]
Location and ownership identification of all adjacent lands,
including across roadways.
[6]
Location, name and width of existing adjacent roads.
[7]
Location, width and identification of all existing and proposed
rights-of-way, easements, setbacks, reservations and areas dedicated
to public use on or adjoining the property.
[8]
Location of steep slopes, wetlands, flood-and erosion-prone
areas, watercourses, and natural drainage patterns.
(b)
Development plan map.
[1]
Grading and drainage plan, showing existing and proposed contours
and watercourses.
[2]
Locations, type of construction and exterior dimensions of all
buildings and other structures.
[3]
Identification of the amount of gross floor area proposed for
retail sales and services, offices and other commercial or industrial
facilities. For any project with residential uses, the following information
must also be provided: the total number of apartments or housing units,
the number of bedrooms in each living unit and the total floor area
for each living unit.
[4]
Location, type of construction and dimensions of all parking
and truck loading areas, showing access and egress points to the site.
[5]
Provision for pedestrian access, including public and private
sidewalks, if applicable.
[6]
Location and intended use of outdoor storage, if any.
[7]
Location and construction materials of all existing or proposed
site improvements, including drains, culverts, berms, retaining walls
and fences.
[8]
Description of the method of sewage disposal and the location
of such facilities.
[9]
Location of waste storage containers, including proposed solid
waste and hazardous waste collection, storage and staging areas.
[10]
Description of the method of securing water, location
of such facilities and approximate quantity of water required.
[11]
Location of fire lanes and other emergency zones,
including the location of fire hydrants, if required.
[12]
Location, design and construction materials of
all energy generation and distribution facilities, including electrical,
gas, hydro and solar energy.
[13]
Location, size, design and type of all proposed
temporary and permanent signs.
[14]
Location and development of all proposed buffer
areas, including indication of existing and proposed vegetative cover.
[15]
Location and design of existing and proposed outdoor
lighting, including height, type, bulb type/style and hours of operation.
[16]
Proposed screening and buffer areas, with the
planting and general landscaping schedule.
[17]
Record of applications and approval status of
all necessary permits from federal, state, county and local offices.
[18]
Estimated project construction schedule.
[19]
Other elements integral to the proposed development
as may be specified by the Planning Board at the sketch plan conference.
[20]
Elevations and/or cross-sections of proposed buildings,
including color and finish materials.
(c)
In addition to the above list, the applicant shall prepare and
file with the site plan application the New York State short environmental
assessment form to allow the Planning Board to determine the applicability
of the State Environmental Quality Review Act (SEQRA). For Type I
SEQRA actions, which are those that may have a significant effect
on the environment, and all other actions not listed as Type II SEQRA
actions (unlisted actions), the Planning Board shall then initiate
the review process required by SEQRA. Type II actions are not subject
to review under SEQRA.
(d)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of §§ 220-50 through 220-57 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards the aforementioned sections. The approved site plan shall be consistent with the provisions of the City Code.
[Added 8-28-2007 by L.L. No. 9-2007]
(6)
Less intensive review. The Planning Board may elect to conduct a
less intensive review for minor types of projects that do not generate
a significant amount of traffic and/or that have little or no adverse
impacts to neighboring properties and uses. Certain submission requirements
for such proposed uses may be waived by majority vote, where warranted.
The Planning Board must state in writing its findings for waiving
certain submission requirements and file such statement along with
the site plan application and supporting documents.
(7)
Specifications of materials submitted.
(a)
Site map. This shall be drawn at a scale of one inch equals
100 feet or larger and shall show existing topography at contour intervals
of not more than five feet. This map shall show the site area and
any pertinent natural features that may affect the proposed use such
as watercourses, wetlands, wooded areas, areas subject to flooding,
etc.
(b)
Development plan. This is a detailed plan for the proposed development,
drawn to a scale of one inch equals 100 feet or larger. The site development
plan illustrates the location of all existing or proposed site improvements,
including drains, culverts, retaining walls, fences and landscaping;
provides a description or shows the location of proposed buffer areas;
the design of lighting facilities and signs; all automobile parking
and all parking for commercial vehicles while loading and unloading;
and the location and width of all driveways, exits and entrances.
(c)
Elevations and/or cross-sections. Elevations and/or cross-sections,
illustrating, front, rear and side profiles drawn to the same or larger
scale as the site development plan, may be required by the Planning
Board. The elevations and/or cross-sections shall clearly delineate
dimensions of all buildings and other permanent structures included
in the proposal, including the dimensions and height of lighting facilities
and signs.
(d)
Engineering plans. The Planning Board may require, as appropriate,
engineering plans prepared by a licensed professional engineer to
illustrate and describe such development aspects as road improvements,
drainage systems, grading plan, public or private utility systems,
sewer and water facilities and such other supporting data as may be
necessary.
(8)
Acceptance of site plan application. The Planning Board shall, within
45 days of a site plan application being filed with the Planning Board,
determine whether to accept the application as complete and begin
the review process, or to reject the application as incomplete. Incomplete
applications shall be returned to the applicant with a letter stating
the application deficiencies.
(9)
Segmentation. The site plan application and associated maps shall
include all proposed phases of development. Site plan approval shall
be based on the total planned project in order to facilitate the assessment
of all potential development impacts. The Planning Board shall consider
applications incomplete where there is reason to believe the application
applies to only a segment of the total planned development. In such
situations, the Planning Board shall return such application to the
applicant, together with a letter stating the basis for its determination.
(10)
Referral to other agencies and boards. Coordinated review. The
Planning Board may refer the site plan for review and comment to local
and county officials or their designated consultants, and to representatives
of federal, state and county agencies, including but not limited to
the Soil Conservation Service, the New York State Department of Transportation,
the State Department of Environmental Conservation and the State Department
of Health.
(11)
SEQRA compliance. The applicant shall demonstrate compliance
with SEQRA prior to site plan approval.
(12)
Review of site plan. The Planning Board's review of the site
plan shall include, as appropriate, but is not limited to, the following
general considerations:
(a)
Location, arrangement, size, design and general site compatibility
of buildings, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic access and circulation,
including intersections, road widths, pavement surfaces, dividers
and traffic controls.
(c)
Location, arrangement, appearance and sufficiency of off-street
parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation,
walkway structures, control of intersections, with vehicular traffic
and overall pedestrian convenience.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's
and adjoining lands, including the maximum retention of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones and the provision
of fire hydrants.
(i)
Special attention to the adequacy and impact of structures,
roadways and landscaping in areas with susceptibility to ponding,
flooding and/or erosion.
(j)
In reviewing any site plan for any property, any part of which
is within 300 feet of the property line of the State of New York along
the Feeder Canal, or of any public park adjoining the Canal, the Planning
Board may take into consideration the preservation of the natural,
scenic and historic values of the Feeder Canal, and the preservation
of any forests, wetlands and other greenspace along the Canal, and
the prevention of erosion of slopes and sedimentation, and the encouragement
of compatible land uses along the Canal.
(13)
Public hearing on site plan.
(a)
Scheduling and notification.
[1]
The Planning Board shall schedule, advertise and conduct a public
hearing on the application for site plan review and approval within
45 days of receipt of an official application, in accordance with
this chapter and the General City Law. The Board shall have published
a notice of each such hearing in a newspaper of general circulation
in the City of Glens Falls at least seven days prior to such hearing.
[2]
In addition, if the Board deems it desirable, insofar as practicable,
at least seven days prior to such public hearing, the Board shall
have sent, by regular mail, the notice of such hearing and an explanation
of the site plan approval to all owners of property abutting the property
lines of the subject property, including corners of the subject property,
and to owners of all properties directly across the street or public
right-of-way from the subject property as determined by perpendicular
projection of lines from the ends of the property line abutting the
street or public right-of-way. Failure of the Board to mail or of
the owner to receive such notices shall not constitute improper or
insufficient legal notice.
(b)
Findings and conclusions. Within 45 days following the public
hearing, or longer period as agreed by the applicant and the Board,
the Planning Board shall render its decision by either granting approval
of the proposed site plan, granting it subject to conditions or denying
approval, and shall make written findings of fact and conclusions
concerning the subject matter of the hearing, including the reasons
for granting or denial of the site plan. Failure of the Board to act
within 45 days, or longer period as agreed by the applicant and the
Board, after receiving all requested information shall constitute
approval of the site plan as applied for. Within 10 days of such decision,
the Building Inspector shall mail notice of such decision to all parties
entitled thereto.
(c)
Reporting and filing of decisions. The official and final decision
of the Planning Board shall be by written resolution, which shall
contain a full record of the findings of the Board in the particular
case and which shall be filed in the office of the City Clerk and
signed by the Chairman of the Board, together with all pertinent documents.
(d)
Rehearing and reversal. When there is a change in circumstances
or new information with respect to a particular site plan application,
upon motion initiated by any member and adopted by not less than a
majority of all members, the Planning Board may vote to give notice
and hold one rehearing to review any order, decision or determination
previously made with respect to that application. After such rehearing,
the Board, upon the concurring vote of all members present, and provided
that it shall then appear that the rights vested prior thereto in
persons acting in good faith in reliance upon the order, decision
or determination reviewed will not be subject to prejudice thereby,
may reverse, modify or annul its original order, decision or determination.
(14)
Time limits. Approval of the proposed project shall be automatically
revoked if the project is not started within two years from the date
of approval.
(15)
Extension of time to render decision. The time period during
which the Planning Board must render a decision may be extended by
the mutual consent of the applicant and the Planning Board.
In order to prevent accelerated erosion and resulting sedimentation,
land disturbance activities shall be conducted in conformance with
the following:
A.
Site preparation and construction, general.
(1)
Excavation, filling, grading and stripping shall be permitted to
be undertaken only in such locations and in such a manner so as to
minimize the potential of erosion and sediment, and so as to minimize
any threat to the health, safety and welfare of neighboring property
owners and the general public.
(2)
Site preparation and construction shall be fitted to the vegetation,
topography and other natural features of the site and shall preserve
as many of these features as possible.
(3)
Earthmoving, stripping of vegetation and the addition of fill shall
be minimized where possible to preserve natural features and the topography
of the site. Stripping vegetation, regrading or other development
shall be done in a way to minimize erosion.
(4)
Erosion and sedimentation devices such as temporary vegetation/mulch,
temporary swales, temporary detention basins, diversion terraces,
rock filter berms, stabilized construction entrance, velocity dissipater,
staked hay bales or silt fences (in areas of minimum flows), appropriate
to the scale of operations shall be installed concurrent with earthmoving
activities and whenever a situation is created which would contribute
to increased erosion.
(5)
Land disturbance shall be limited to the actual construction site
and an access strip. The amount of disturbed area and the duration
of the exposure shall be kept to the smallest practical area and time.
(6)
Site preparation and construction shall not adversely affect the
free flow of water by encroaching on, blocking or restricting watercourses,
except as permitted by approved detention systems.
(7)
Prior to, during and after site preparation and construction, an
integrated drainage system shall be provided which at all times minimizes
erosion, sediment, hazards of slope, instability and adverse effects
on neighboring property owners.
B.
Protection of adjacent properties.
(1)
Properties adjacent to the project site shall be protected from sediment
deposition. This may be accomplished by preserving a well-vegetated
buffer strip around the lower perimeter of the site, by installing
perimeter controls such as sediment barriers, filters, dikes, interceptor
drains, or sediment basins or by a combination of such measures.
(2)
Vegetated buffer strips may not be used alone except where only runoff
in sheet flow is expected. Buffer strips should be at least 20 feet
in width. If, at any time, it is found by the City Engineer that a
vegetated buffer strip alone is ineffective in preventing sediment
movement onto adjacent property, additional perimeter controls must
be provided by the developer or the owner of the property within a
time period as specified by the City Engineer.
C.
Cut-and-fill slopes.
(1)
Development shall reflect the topography and soils of the site so
as to create the least potential for erosion. Areas of steep slopes
where high cuts and fills may be required shall be avoided whenever
possible. Unless protected by a retaining wall, a slope must be no
steeper than the angle of repose of the soil type affected.
(2)
In the design of cut-and-fill slopes, consideration must be given
to the length and steepness of the slope, the soil type, up-slope
drainage area, groundwater conditions and other applicable factors.
Slopes which in the judgment of the City Engineer are found to be
eroding excessively within one year of construction must be provided
with additional stabilizing measures until the problem is corrected.
D.
Fill.
(1)
All fill material shall be of a composition suitable for its ultimate
use as fill, free of rubbish and restricted in its content of brush,
stumps, tree, debris, rocks, frozen material and soft or easily compressed
material.
(2)
Fill material shall be compacted sufficiently to prevent problems
of erosion, and where the material is to support structures, it shall
be compacted to a minimum of 90% of standard density with proper moisture
control.
(3)
Fill shall not encroach on natural watercourses or constructed channels.
E.
Drainage system.
(1)
The natural drainage system shall generally be preserved in preference
to modifications of this system, excepting where such modifications
are necessary to reduce levels of erosion and sediment and adverse
effects on neighboring properties.
(2)
All drainage systems shall be designed to adequately handle anticipated
flows both within the site and from the entire upstream drainage basin.
(3)
Sufficient grades and drainage facilities shall be provided to prevent
the ponding of water, unless such ponding is proposed within the project
plans, in which event there shall be sufficient water flow to maintain
proposed water levels and to avoid stagnation.
(4)
Drainage systems, planting and other erosion or sediment control
devices shall be maintained as necessary to provide adequate protection
against erosion and sediment and to ensure that the free flow of water
is not obstructed by the accumulation of silt, debris or other material,
or by structural damage.
F.
Vegetation.
(1)
Natural vegetation shall be retained and protected wherever possible.
(2)
Where slopes are to be revegetated in areas exposed by site preparation,
the slopes shall not be of such steepness that vegetation cannot be
readily established or that problems of erosion or sediment may result.
(3)
The developer shall restore vegetative cover in disturbed areas as
directed.
(4)
The permanent (final) vegetation and mechanical erosion control measures
shall be installed as soon as practicable, but in no event after the
time specified on the approved erosion and sediment control plan.
(5)
Permanent vegetation shall not be considered established until a
ground cover is achieved which, in the opinion of the City Engineer,
is mature enough to control the soil erosion satisfactorily and to
survive severe weather conditions.
G.
Stabilization of denuded areas and soil stockpiles. Permanent or
temporary soil stabilization must be applied to denuded areas within
15 days after final grade is reached on any portion of site. Soil
stabilization must also be applied within 15 days to denuded areas
which may not be at final grade but will remain dormant (undisturbed
for longer than 60 days).
H.
Sediment basins. Sediment basins, debris, basins, desilting basins,
silt traps or filters shall be installed and maintained to remove
sediment from runoff waters from land undergoing development.
I.
Timing and stabilization of sediment trapping measures. Sediment
basins and traps, perimeter dikes, sediment barriers and other measures
intended to trap sediment on-site must be constructed as a first step
in grading and must be made functional before any up-slope land-disturbing
activity takes place. Earthen structures such as dams, dikes and diversions
must be seeded and mulched within 15 days of installation.
J.
Stabilization of waterways and outlets.
(1)
All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity of flow from a ten-year-frequency
storm without erosion. Stabilization adequate to prevent erosion must
also be provided at the outlets of all pipes and paved channels.
(2)
Where in-channel work is necessary, precautions must be taken to
stabilize the work area during construction to minimize erosion. The
channel (including bed and banks) must be restabilized immediately
after in-channel work is completed.
K.
Storm sewer inlet protection. All storm sewer inlets which are made
operable during construction shall be protected so that sediment-laden
water will not enter the conveyance system without first being filtered
or otherwise treated to remove sediment.
L.
Underground utility construction.
(1)
The construction of underground utility lines involving installation,
maintenance or repair which disturbs more than 10,000 square feet
shall be subject to the following criteria:
(a)
No more than 500 feet of trench are to be opened at one time.
(b)
Where consistent with safety and space considerations, excavated
material is to be placed on the uphill side of trenches.
(c)
Trench dewatering devices shall discharge in a manner which
will not adversely affect flowing streams, drainage systems or off-site
property.
(2)
Individual service connections, telephone and electric lines and
underground public utility lines under existing hard-surfaced roads,
streets or sidewalks (provided such land-disturbing activity is confined
to the area which is hard-surfaced) are exempt from the above requirements.
M.
Construction of access routes. Wherever construction vehicle access
routes intersect paved public roads, provisions must be made to minimize
the transport of sediment (mud) by runoff or vehicle tracking onto
the paved surfaces. Where sediment is transported onto a public road
surface, the roads shall be cleaned thoroughly at the end of each
day. Sediment shall be removed from roads by shoveling or sweeping
and transporting of temporary measures shall be permanently stabilized
to prevent further erosion and sedimentation.
N.
Disposition of temporary measures. All temporary erosion and sediment
control measures shall be disposed of within 30 days after final site
stabilization is achieved, unless otherwise authorized by the City
Engineer. Trapped sediment and other disturbed soil areas resulting
from the disposition of temporary measures shall be permanently stabilized
to prevent erosion and sedimentation.
O.
Maintenance. All temporary and permanent erosion and sediment control
practices must be maintained and repaired as needed to assure continued
performance of their intended functions.
A.
Purpose and intent. The purpose and intent of these regulations is
to limit and restrict home occupations so that such uses do not adversely
impact the character of the predominant uses permitted in the zoning
district within which the home occupations are situated.
B.
Site plan review and approval. All home occupations require site
plan review and approval.
C.
Regulations and restrictions.
(1)
Home occupations shall be incidental to the principal permitted use.
(2)
There shall be no exterior indication of the home occupation or any
variation from the residential appearance of the principal building.
(3)
The occupation shall be carried on wholly within the principal building.
(4)
In the activity, not more than 1/2 the floor area of any one story
or cellar shall be used.
(5)
In the conduct of said activity, no more than one person outside
the family shall be employed.
(6)
In the conduct of such activity, there shall not be any exterior
storage of materials or equipment.
The following provisions shall apply to all nonconforming or
noncomplying uses, buildings and structures existing on the effective
date of this chapter, to all buildings and uses that may become nonconforming
or noncomplying by reason of any subsequent amendment to this chapter
and the Zoning Map which is a part thereof and to all complying buildings
housing nonconforming uses:
A.
Existing nonconforming uses.
(1)
Any lawful nonconforming use of buildings or open land in existence
on the effective date of this chapter may be continued indefinitely
if maintained in accordance with all applicable codes, ordinances,
regulations and other requirements, but:
(a)
Shall not be enlarged, altered, extended, reconstructed or restored,
or placed on a different portion of the lot or parcel of land occupied
by such use on the effective date of this chapter, nor shall any external
evidence of such use be substantially increased by any means whatsoever;
(b)
Shall not be moved to another location where such use would
be nonconforming;
(c)
Shall not be changed to another nonconforming use; and
(d)
Shall not be reestablished if such use has been discontinued
for any reason, whether through vacancy or cessation of use, for a
period of one calendar year or longer, or has been changed to or replaced
by a conforming use. The intent to resume a nonconforming use shall
not be deemed as conferring the right to do so.
(2)
While a nonconforming use may be extended, nothing contained herein
shall prohibit the extension of a lawful use to any portion of a noncomplying
building or structure which existed prior to the effective date of
this chapter. No nonconforming use shall, however, be extended to
displace a presently conforming use.
B.
Nonconforming buildings. Normal repair and maintenance of a noncomplying
building, or structural alteration of, or expansion of a noncomplying
building or structure declared unsafe by the Building Inspector or
other proper authority, may be restored to a proper condition within
the time period provided by such authority.
C.
Restoration after damage. Nothing contained in this article shall
be deemed to prevent the restoration of a lawful nonconforming building
or use after damage, provided that the following conditions are complied
with: the building, height and areas shall not be in excess of that
which existed prior to the damage, and that the building be restored
with the design and materials similar to the building as it existed
prior to the damage, and all applicable New York State Uniform Fire
Prevention and Building Code provisions be fully complied with, and
the restoration be commenced within 12 months of the damage or within
12 months of the termination of insurance settlement litigation, whichever
is later, and be fully completed within three calendar years of such
occurrence or settlement, or the use of such buildings or lands as
a legal nonconforming use shall thereafter be terminated.
[Amended 8-4-2005 by L.L. No. 7-2005]
D.
Completion. Nothing in this article shall prohibit the completion
of any lawful structure for which the excavation has been prepared
and the foundation walls constructed at the date this chapter takes
effect; provided, however, that the construction must be completed
within a period of one year from that date.
There shall be only one principal building per lot in residential
districts, except that multifamily residential complexes are permitted
with more than one principal building per lot.
Any lot held in single and separate ownership prior to the adoption
of this chapter, whose area and/or width and/or depth are less than
the specified minimum lot requirements of this chapter for the district,
is considered as complying with such minimum lot requirements, and
no variance shall be required, provided that:
A.
Such lot does not adjoin other undersized lot or lots held by the
same owner, whose aggregate area is equal to or greater than the minimum
lot area required for that district.
B.
Such lot has an area of at least 5,000 square feet and a minimum
width of at least 50 feet.
C.
All other requirements for that district are complied with.
A.
Corner lots. On a corner lot, each side which abuts a street shall
be deemed a front lot line, and the required yard along each such
lot line shall be a required front yard. The owner shall decide which
of the remaining yards shall be the required side yard and the required
rear yard.
B.
Side yards for attached buildings. Side yards for semidetached houses
or row houses shall be required at the ends of the total structure.
C.
Double frontage. For any through lot fronting on parallel or abutting
streets, both frontages shall comply with the front yard requirements
of the district in which it is located.
D.
Distance between principal buildings. If two or more principal residential
buildings are located on the same lot, one building's exterior walls
containing windows shall be separated from the nearest point on any
adjacent building by a horizontal distance, perpendicular to the wall
with windows, equal to at least twice the width of the required side
yard for the particular district in which the buildings are located.
No fence, shrub, tree, planting or any structure, including
fences, which is higher than three feet above gutter grade or which
obstructs the view of motorists or creates other traffic hazards shall
be constructed within 50 feet of intersecting street lines.
The height limitations of this chapter, as enumerated in each
district, shall not apply to the following structures: church spires,
belfries, cupolas, domes not used for human occupancy, chimneys, ventilators,
skylights, water tanks, bulkheads and other necessary mechanical appurtenances
usually carried above the roof level, parapet wall or cornice for
ornament, extending above such height limit not more than five feet;
radio, or television receiving antenna, or a public utility transmission
tower or cable. No such uses shall in their aggregate coverage occupy
more than 20% of the roof area on which located.
A.
Unregistered motor vehicles. No person, owner, operator, occupant,
firm or corporation may store, deposit or cause or permit to be stored
or deposited an unregistered motor vehicle for a period greater than
six months in any premises of the City of Glens Falls, except that
unregistered motor vehicles shall be permitted on the premises of
any licensed automobile dealer, garage, repair on service station.
[Amended 8-13-2019 by Res. No. 355]
B.
Abandoned or inoperable motor vehicles. No motor vehicle, automobile,
automobile trailer or other vehicle shall remain outside, upon any
property within the City when such vehicle has been so dismantled
on parts removed therefrom or otherwise abandoned so that such vehicle
may be incapable of operation or use, for a period of 30 continuous
days, except that travel trailers not used for dwelling purposes may
be stored in rear yards when not in use.
No burial or memorial plats or buildings shall be located closer
than 50 feet to any residential lot line, except when a dense evergreen
hedge or a wall on fence at least six feet in height, providing complete
visual screening from all adjacent residential property, is provided.
Burial or memorial plats of less than six feet in height may be located
no closer than 20 feet to any residential lot line. Crematories shall
be located only in cemeteries.
A.
House trailers, house trailer parks, mobile homes and mobile home
parks. House trailers, house trailer parks, mobile homes and mobile
home parks are specifically prohibited in all districts.
B.
Junkyards. Junkyards are specifically prohibited in all districts.
C.
Dumping. Dumping of refuse or waste material is prohibited in all
districts.
