The following supplemental regulations apply in all districts,
in addition to any regulations that may be included in such districts.
A.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
system installations modified or installed after the effective date
of this section.
(2)
Solar energy system installations for which a valid building
permit has been properly issued, or for which installation has commenced
before the effective date of this section, shall not be required to
meet the requirements of this section, provided that any replacement
of such system on or after the effective date of this section will
require compliance with this section.
(3)
All applications for the installation of solar energy systems
shall be designed by a licensed engineer and contain site specific
building plans which bear the seal and signature of a licensed engineer
and satisfy the permitting requirements contained in this section.
(4)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Fire Code, Building
Code and other applicable standards, as well as all other provisions
of the Village Code.
B.
Permitting.
(1)
To the extent practicable, and in accordance with the Code of
the Village of Fort Edward, the accommodation of solar access to sunlight
for such equipment and the protection of access to sunlight for such
equipment shall be encouraged in the application of the various review
and approval provisions of the Code of the Village of Fort Edward.
(2)
Rooftop solar system. Rooftop solar systems are permitted in
all zoning districts subject to the following conditions:
(a)
Building permits shall be required for installation of all rooftop
solar systems.
(b)
Height limitations contained in this chapter shall apply.
(c)
Rooftop solar systems must have a one-foot setback on all four
sides of the roof.
(d)
Rooftop solar systems must be properly engineered to support
solar collectors.
(e)
Any rooftop solar system that is mounted other than at the same
pitch as the roof to which it is to be attached shall require site
plan approval under this chapter.
(3)
Building-integrated photovoltaic (BIPV) systems. BIPV systems
are not permitted in any zoning districts.
(4)
Ground-mounted racks and freestanding solar collectors. Ground-mounted
and freestanding solar collectors mounted on a pole are permitted
as accessory structures in all zoning districts of the Village of
Fort Edward, subject to the following conditions:
(a)
A special use permit is required for all ground-mounted and
freestanding solar collectors.
(b)
The location of the solar collectors must meet all applicable
minimum yard size requirements for principal structures in the applicable
zoning district.
(c)
The unit should be installed in a side or rear yard. No unit
may be installed in the front yard. Corner lots shall be considered
to have two front yards for purposes of this section.
(d)
Units shall not exceed 20 feet in total height from the existing
grade.
(e)
Installations that would employ landscape screening and other
methods of enhancing the appeal of the ground-mounted and freestanding
solar collector such as the use of architectural features, earth berms,
or other screening which will harmonize with the character of the
property and surrounding area are encouraged.
(f)
Solar collectors shall be located in a manner that reasonably
minimizes shading of adjoining property while still providing adequate
solar access for collectors.
(g)
Ground-mounted racks and freestanding solar collectors are only
permitted as an accessory to a lawfully existing and permitted primary
structure on the same lot to be serviced by the solar energy system.
(h)
The solar collectors shall not exceed 40% of the total lot coverage.
(5)
Safety.
(a)
Prior to operation, electrical connections must be inspected
by the Code Enforcement Officer/Building Inspector and by an electrical
inspection person or agency in conformance with New York State Building
Code.
(b)
Any connection to the public utility grid must be inspected
by the appropriate public utility.
(c)
Solar energy systems shall be maintained in good working order
and shall be removed if not in use for more than 12 months by removal
of such system and mounting hardware within 90 days after the 12th
month.
(d)
If any type of storage batteries are included as part of the
solar energy system, they must be placed in a secure container or
enclosure meeting the requirements of the New York State Building
Code when in use. When they are no longer in use, they shall be disposed
of in accordance with the laws of New York and Code of the Village
of Fort Edward and any other applicable laws or regulations.
There shall be only one residential structure per lot, except
that two, but not more than two, residential structures may be placed
upon a single lot, provided that all structures are situated such
that future division into two lots shall meet all requirements of
this chapter and a variance shall be required from the Zoning Board
of Appeals.
On corner lots, the sides facing both streets shall be considered
front yards. On the other sides, one shall be considered a rear yard
and the other a side yard at the owner's option.
Each new building lot shall front upon a public street by either
minimum street frontage of at least 15 feet or a right-of-way easement
at least 15 feet wide.
A permit for the temporary placement of a mobile home may be
granted by the Board of Appeals for a maximum period of six months,
provided that the mobile home is used only for construction purposes,
scientific purposes or educational purposes and does not interfere
with or is not a danger to the health, safety, welfare or well-being
of the surrounding property owners or the community.
No travel trailer, motorized mobile home or camping trailer
shall be inhabited or used for living or sleeping quarters within
the Village for more than seven consecutive days per year per lot
unless the same shall be located in an approved mobile home or travel
trailer park.
A.
To the extent practicable, all uses shall be provided with sufficient
off-road parking to accommodate all vehicles for customers, employees
and occupants of buildings or structures during peak use periods.
The Planning Board shall be empowered to review parking plans in accordance
with a proposed project subject to site plan review under this chapter.
The Planning Board shall weigh the requested parking needs of the
proposed uses of the property subject to the site plan against the
impacts of the parking area.
B.
Parking areas should not front on main public streets and roads.
C.
All off-road parking space shall not be less than nine feet by 20
feet. Driveway area may be used to supply such space in the case of
residential uses. Other uses shall provide such space in addition
to the driveway area.
D.
No nonresidential parking space shall be located within three feet
of a side lot line.
E.
With the exception of one- and two-family residences, all off-street
parking spaces shall be designed to eliminate the need to back vehicles
out onto a public street.
F.
In commercial, industrial or mixed-use districts, off-street parking
may be supplied on a different lot with parking spaces that are located
within 400 feet of the use and if the owner of the use either owns
or leases the property upon which the parking space is located. In
no case shall off-street parking for a nonresidential use be located
in a residential land use district.
G.
The Planning Board shall be empowered to vary the foregoing requirements
in the event the Planning Board finds during site plan review that
any of the foregoing limitations are not feasible. The Planning Board
shall state the reasons why, and the project shall incorporate mitigation
such as vegetative screening and fencing and such other conditions
as the Planning Board may impose.
Except in the Commercial 1 (C-1) Land Use District, business
uses shall provide sufficient off-road loading spaces on the site
for the loading and unloading of any trucks which are anticipated
to use the site. Each loading space shall be at least 12 feet by 35
feet. No loading space shall be located within front, side or rear
building setbacks.
A.
The following are prohibited in all land use districts:
(1)
Moving, flashing, blinking or animated signs.
(2)
The use of banners, pennants, ribbons or streamers intended
to attract attention or for advertising, except that said items can
be used temporarily, provided that said use does not exceed three
days within a month with any part of a day counting as one day.
B.
Permitted signs.
(1)
Temporary signs, including "for sale" or "for rent" signs, political
signs and signs announcing a community event or event conducted by
a not-for-profit organization are permitted. However, said signs must
be removed within seven days after the date of said sale, lease, election
or event.
(2)
Each home occupation is permitted one sign not to exceed 12
square feet in area, and the top of the sign shall not exceed eight
feet from the grade measured from the highest point of mounting the
sign.
(3)
Each business is permitted signs as follows:
(a)
In C-1, HC and MC Districts: one wall sign on each side of a
building not to exceed one square foot in area per each linear foot
of business unit building frontage on that side and one projecting
sign not to exceed 12 square feet in area. Maximum height of signs
shall be 15 feet.
(b)
In the DI and I Districts: one wall sign on each side of a building
not to exceed one square foot in area per each linear foot of business
unit building frontage on that side, one pole sign not to exceed 36
square feet in area and one projecting sign not to exceed 20 square
feet in area. Maximum height of signs shall be 20 feet.
(c)
A "wall sign" is one which is affixed flat to the side of a
building or one which is painted upon the side of a building. A "freestanding
sign" is one attached to the ground by poles, or other sign which
is not affixed to a building. A "projecting sign" is one which is
attached to a building such that it projects out perpendicular to
the building.
(d)
Each shopping center or other property containing more than
one establishment on a lot is permitted, in addition one suspended
sign not exceeding eight square feet in size for each business establishment
is permitted. Such signs shall be suspended from the freestanding
sign.
(e)
Off-premises directional signs under four square feet in area
are permitted.
C.
In residential land use districts (R-1 and R-3), all signs shall
be constructed of wood or metal material, and illumination shall be
by means of indirect lighting only. Backlighted signs, i.e., signs
using internal lighting, are not permitted.
D.
Placement of signs. No sign shall obscure a line of sight for traffic
or otherwise constitute a traffic hazard. All freestanding signs shall
be placed at least 20 feet from any side lot line and five feet from
the highway right-of-way. No freestanding sign shall be placed between
three and 10 feet above ground level. Wall signs shall not extend
beyond the edge of the building upon which they are placed. Projecting
signs shall not extend beyond five feet from the building to which
they are attached.
E.
The area of a sign shall be computed as including the entire surface
within the frame of a sign. For a sign consisting of letters painted
on or attached onto a building, the sign area shall be calculated
by multiplying the average height of the letters by the distance between
the first and last letters. In the case of a freestanding sign with
lettering on both the front and the back, the areas of both sides
of the sign shall not be added together for purposes of computing
the total area of the sign.
No junk, as defined herein, shall be kept out of doors.
Fowl, hogs, cows, horses, goats or other farm animals shall
not be kept within 500 feet of an adjoining property line.
Structures, vehicles, fences, hedges, trees, shrubbery and other
material shall not constitute a traffic hazard nor obscure the line-of-sight
of traffic.
Satellite television antennas (dishes) two feet in diameter
or more shall be located in the rear yard of all lots and shall comply
with all rear and side yard building setback requirements. Satellite
television antennas two feet in diameter or less shall be allowed
in the front yard of a lot; however, the same must be physically attached
to the residence and must comply with all applicable setback requirements.
No structures, vehicles, trees, fences, hedges, shrubbery, snow,
debris or other material shall be maintained on any corner lot within
a triangular area formed by the lot lines along the streets to the
points on such lines a distance of 20 feet from their intersection
and a line connecting such points.
A.
No person, company or corporation shall use barbed wire, buckhorn
wire, razor wire, electric wire or any other type of wire that may
be a part of a fence that may be a conductor of electricity in the
construction or the erection of any fence, either on their property
or as a division line fence or for any other purpose in the Village
of Fort Edward, but does not include chain-link or cyclone-type of
fences with barbed wire string at the top and used as a security fence
for commercial or industrial properties.
B.
No fence or hedge at any point nearer to the street than the rear
line of the main building applicable thereto shall exceed a height
of four feet above the sidewalk level existing on such street at the
premises on which the fence is built.
C.
A fence shall not be installed in excess of six feet six inches in
height in the rear yard.
D.
All fences and hedges shall be located a minimum of two feet from
the bounds of any sidewalk or Village right-of-way in the front yard.
Where no sidewalk exists, the sidewalk line or right-of-way will be
established by the Department of Public Works Supervisor or his representative.
E.
On a corner lot, any fence in excess of four feet but not in excess
of six feet shall not be installed in width greater than the distance
from the building side line to the opposite side line of the lot.
The building side line shall be established by the side yard selected
by the owner. In no case shall the width from the building side line
and the opposite side line of the lot be required to be less than
35 feet.
F.
All fences of man-made structures shall have supporting posts or
projections on the property owner's side of the fence.
G.
Chain-link or cyclone-type fence used for security purposes by commercial
and industrial establishments shall not exceed eight feet in height;
provided, however, that fences fronting on streets.
A.
The use of all truck boxes and shipping containers, with or without
wheels attached, for the storage of goods and materials is prohibited,
except that the use of truck boxes and containers shall be allowed
for temporary use for new home construction or renovations of a home
for no longer than six months.
B.
The use of a truck box or container with or without wheels attached,
for storage at a lawfully established commercial/industrial site shall
be allowed, provided a special use permit is granted.
There shall be no new junkyards allowed in the Village. Any
preexisting junkyards will conform to the following restrictions.
A.
Expansion. Procurement of land to extend the present boundaries of
existing junkyards is expressly prohibited.
B.
Fence. A fence boundary shall be constructed to confine the existing
junkyard.
(1)
Height: a minimum of eight feet and maximum of 10 feet, the
fence shall be a consistent height.
(2)
Maintenance: the fence shall be maintained to original specifications
as to restrict entrance and view.
(3)
Fence setback line: 20 feet from adjacent property lines, roadway
or highway.
(4)
Purpose: to enhance safety, restrict entrance and restrict visibility.
(5)
Nothing in the subsection shall be interpreted to regulate the
operation of junkyards.
The manufacture of hazardous chemicals is prohibited in all
land use districts except for the manufacture of hazardous chemicals
used on site as part of the heavy industrial or light industrial use,
the hazardous chemicals may not be sold or distributed except for
consumer-related products.
For any construction, new construction, development or redevelopment
of any parcel upon which there is not at the time of application for
such construction, new construction, development or redevelopment,
sidewalks along any portion of the lot facing any street, the owner
or applicant shall include provision for sidewalks at least five feet
in width running along the entirety of said lot facing any street
or streets.
