This chapter shall be known and may be cited as the "City of
Glens Falls, New York Zoning Law."
The purpose of this chapter is to guide the future growth and
development of the City of Glens Falls in accordance with a well-considered
plan of land use and population distribution that represents and promotes
beneficial and convenient relationships among residential, commercial,
industrial and public areas within the City, considering the suitability
of each area for such uses, as indicated by existing conditions, trends
in population and mode of living, and future needs for various types
of land development and to achieve the purposes more particularly
described as follows:
A.
To provide adequate light, air and privacy.
B.
To prevent the overcrowding of land and undue concentration of population.
C.
To provide the beneficial circulation of traffic throughout the City,
having particular regard to the avoidance or lessening of congestion
in the streets.
D.
To secure safety from fire, flood and other dangers.
E.
To protect and conserve the existing or planned character of all
parts of the City, and thereby aid in maintaining their stability
and value, and to encourage the orderly and beneficial development
of all parts of the City.
F.
To provide a guide for public policy and action that will facilitate
economical provision of investment, and other economic activity relating
to uses of land and buildings throughout the City.
G.
To minimize conflicts among uses of land and buildings, and to bring
about the gradual conformity of uses of land and buildings throughout
the City to the well-considered plan herein set forth.
H.
Pursuant to and in conformance with the provisions of § 20.24
of the General City Law, to regulate and limit the height, bulk and
location of buildings hereafter erected, to regulate and determine
the area of yards, courts and other open spaces and to regulate the
density of population in any given area, and for said purposes to
divide the City into districts. Such regulations shall be, and are
intended to be, uniform for each class of buildings throughout any
district, but the regulation in one or more districts may differ from
those in other districts. Such regulations shall be, and are intended
to be, designed to secure safety from fire, flood and other dangers
and to promote the public health and welfare, including, so far as
conditions may permit, provision of adequate light, air and convenience
of access. Such regulations shall be, and are intended to be, made
with reasonable regard to the character of buildings erected in each
district, the value of land and the use to which it may be put, to
the end that such regulations may promote public health, safety and
welfare and the most desirable use for which the land of each district
may be adapted and may tend to conserve the value of buildings and
enhance the value of land throughout the City.
I.
Pursuant to and in accordance with the provisions of § 20.25
of the General City Law, to regulate and restrict the location of
trades and industries and the location of buildings, designed for
specified uses, and for said purposes to divide the City into districts
and to prescribe for each such district the trades and industries
that shall be excluded or subject to special regulation and the uses
for which buildings may not be erected or altered. Such regulations
shall be, and are intended to be, designed to promote the public health,
safety and general welfare and shall be, and are intended to be, made
with reasonable consideration, among other things, to the character
of the district, its particular suitability for particular uses, the
conservation of property values and the direction of building development,
in accord with a well-considered plan.
For the purposes of this chapter, certain words and terms used
herein are hereby as follows: All words used in the present tense
include the future tense; all words in the singular number include
the plural number and vice versa; the word "person" includes corporations
and all other legal entities; the words "lot," "plot," "parcel," "tract
of land" and "premises" shall include one another; the word "premises"
shall include the land and buildings thereon; the word "building"
shall include "structure" and vice versa; "occupied" or "used" shall
be considered as though followed by the words "or intended, arranged
or designed to be used or occupied" unless the natural construction
of the wording indicates otherwise. The word "shall" is mandatory
and not directory; The word "city" means the City of Glens Falls and,
depending on the context, the geographic area; the term "City Council"
or "Council" means the Common Council of the city; the term "City
Clerk" means the City Clerk of the city; the term "Board of Appeals"
means the Zoning Board of Appeals of the city; the term "Planning
Board" means the City of Glens Falls Planning Board; the term "enforcement
officer" means the Building Inspector of the city; the term "City
Plan" means the plan which may be adopted pursuant to § 28-a
of the General City Law.
As used in this chapter, the following terms shall have the
meanings indicated:
A term applied to one or more pieces of equipment, a building,
or use which is clearly and customarily incidental or subordinate
to the principal use of the lot and located on the same lot with the
principal use or building.
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
strippers; topless waitressing, busing or service; topless hair care;
service or entertainment where the servers or entertainers wear pasties
or G-strings or both; adult bookstore or adult video stores; adult
motels, adult motion-picture theaters, escort agencies; and nude model
studios. Adult use and entertainment establishments customarily exclude
persons 17 years of age and younger.
A commercial establishment which offers for sale or rental
for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
adult activities.
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with
specified adult activities.
A hotel, motel or similar commercial establishment which
offers accommodations to the public for any form of consideration,
provided patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
adult activities or specified anatomical areas and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified adult activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified adult activities.
A place where original works of art, prints and reproductions
are displayed and offered for sale.
Any area of land, including structures thereon, operated
for gain and used for the sale and leasing of new or used automobiles.
This use can also include the repair, greasing, washing, servicing,
adjustment or equipping of motor vehicles. This term shall include
"automobile sales and leasing."
Any area of land, including structures thereon, that is operated
for gain and used or designed to be used for the sale of gasoline
and oil, storage, repair, rental, greasing, servicing, adjustment
or equipping of motor vehicles.
See "financial institution."
A financial institution which provides customers, while in
their vehicles, with the opportunity to transact bank-related business.
A building or structure used in whole or part for the shaving,
cutting, styling or treating of hair, including, as incidental uses,
additional related cosmetic and/or beauty services such as manicures,
pedicures, facials and the retail sale of cosmetic products.
That space of a building that is partly below grade which
has more than half its height, measured from floor to ceiling, above
the average established curb level or finished grade of the ground
adjoining the building.
A private dwelling in which at least one and not more than
five rooms are offered for rent for transient occupancy, in which
overnight lodging and breakfast are offered to such occupant and in
which no public restaurant is maintained. This term shall be interpreted
to include inns.
A building, other than a hotel, fraternity, sorority, dormitory
or chapter house, where lodging and/or meals for three or more roomers
or boarders or guests are served generally for compensation.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals, property or a business activity.
A garage used as a business for the repair and maintenance
of motor vehicles registered as "livery" private and commercial buses.
See "commercial use."
See "sign, business identification."
See "sidewalk covering."
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A public or private establishment licensed by the State of
New York which provides day care for four or more children placed
there by parents, guardians or others responsible for their care.
The name, description or form of the entity that operates the facility
shall not affect its status as a child-care facility.
A building or structure or group of buildings or structures
which by design and construction are primarily intended for use by
groups or persons to conduct organized religious services and the
accessory uses associated therewith.
See "recreation, commercial."
A building(s) located on one lot containing numerous businesses,
services and/or restaurants, all having frontage on a parking area
or roadway.
Any use involving the sale or rental or distribution of goods,
services or commodities, either retail or wholesale, or the provision
of recreational facilities for a fee.
Any commercial or business activity which incorporates, as
a principal or accessory feature, a service window, booth or other
like arrangement on the exterior of the building or structure designed
primarily for drive-through or carryout service.
A commercial facility soiling basic food and household items.
The intent of such a facility is to address transient or last-minute
needs, not supply a full complement of groceries and household supplies.
The sale of gasoline may or may not be associated with the facility.
A building used, particularly or wholly, for the teaching
and/or practicing of dance.
See "sign, directional."
See "bank, drive-through."
See "commercial use, drive-through."
See "restaurant, take-out."
A private roadway providing access for vehicles to a parking
space, use or structure.
A building or portion thereof containing three or more dwelling
units designed and used for occupancy by three or more families living
independently of each other.
A detached building containing one dwelling unit designed
and used for occupancy by one family. This shall be interpreted to
include modular homes and exclude mobile homes.
A detached building containing two dwelling units, designed
and used for occupancy by two families living independently of each
other. Also known as a "duplex."
A building, or portion thereof, providing complete housekeeping
facilities for one family.
A person who, for a fee, tip or other consideration, agrees
or offers to act as a date for another person; for consideration,
agrees or offers to privately perform a striptease for another person.
A person or business association who furnishes or offers
to furnish, or advertises to furnish, escorts as one of its primary
business purposes for a fee, tip or other consideration.
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boarding house, lodging house, club, fraternity or hotel;
may consist of a single person or two or more persons, whether or
not related by blood, marriage or adoption; may also include domestic
servants, and gratuitous guests.
An artificial structure designed to or which, in fact, does
divide, enclose or screen a parcel of land or portion thereof. This
definition shall also apply to the term "wall."
A building or structure utilized for direct financial transaction
services to the public, including the maintenance of checking and
savings accounts, certificates of deposit, etc., and the providing
of related incidental financial services associated with such a facility.
This definition shall include the term "bank."
See "sign, flashing."
See "private club."
See "sign, freestanding."
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
An enclosed space for the storage of one or more motor vehicles
and within which space no business activity or industry connected
directly or indirectly with motor vehicles is conducted.
A structure whose roof and sides are made largely of glass
or other transparent or translucent material and used for the cultivation
of plants for personal enjoyment.
A self-service retail operation offering a variety of food
goods for sale to the general public.
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior faces
of exterior walls or from the center line of walls separating two
buildings.
In particular, the floor area of a building or buildings shall
include:
Basement spaces;
Elevator shafts and stairwells at each floor;
Floor space used for mechanical equipment, with structural headroom
of seven feet six inches or more;
Penthouses;
Attic spaces (whether or not a floor has actually been laid)
providing structural headroom of seven feet six inches or more;
Interior balconies and mezzanines;
Enclosed porches; and
Accessory uses, not including space used for accessory off-street
parking.
However, the floor area of a building shall not include:
Cellar spaces, except that cellar spaces used for retailing
shall be included for the purpose of calculating requirements for
accessory off-street parking spaces and accessory off-street loading
berths.
Accessory water tanks and cooling towers.
Uncovered steps; exterior fire escapes.
A covered, but not enclosed porch.
A building or site used for the treatment of illness, disease,
injury, deformity and any other physical or mental condition, including
rehabilitation activities, and which is operated by individuals in
the health industry licensed by the State of New York.
A building or site used for the physical conditioning of
the body through the use of aerobic conditioning/exercising, weights,
etc. Also included are changing facilities, showers and incidental
food service and tanning facilities.
The vertical distance of a structure measured from the median
grade of the lot to the highest point of the roof of the structure.
An occupation or profession customarily conducted entirely
within the principal dwelling or building whose use is clearly incidental
and secondary to the use of the principal dwelling and does not change
the character thereof. The office of a physician, dentist, lawyer,
architect, engineer, realtor, insurance agent or other professional
person who offers skilled services to clients and is not professionally
engaged in the purchase or sale of economic goods shall be deemed
to be a home occupation. Occupations such as cabinet making, furniture
repair, kennel, florist, auto repair shop, vehicle sales, restaurant,
tavern, store, funeral home, mortuary or other similar uses shall
not be deemed to be home occupations.
An institution providing primary health services and medical
or surgical care to persons, primarily in-patients, suffering from
illness, disease, injury, deformity and other physical or mental conditions,
and including, as an integral part of the institution, related facilities
such as laboratories, out-patient facilities or training facilities.
A building, or any part thereof, which contains living and
sleeping accommodations for transient occupancy and has a common exterior
entrance or entrances.
See "sign, identification."
See "sign, illuminated."
A manufacturing or maintenance facility where any process
is used to alter the nature, size or shape of articles or raw materials
or where articles are assembled and where said goods or services are
consumed or used at another location. This term does not include mineral
extractions, private and commercial sand and gravel extractions, saw
mills, chipping mills, paper mills and similar wood-using facilities.
See "bed-and-breakfast house."
An educational institution authorized by the State of New
York to award higher degrees. This term shall be interpreted to include
education for post-high-school-aged individuals.
An office in which insurance programs and policies are sold
to individuals, businesses and/or corporations.
An office whose function is to buy and sell various financial
investment programs.
A building open to the general public whose principal use
is a repository for literary and artistic materials, such as books,
records, videotapes, records, etc.
See "industry, light."
A commercial use which sells liquors, wines, spirits and
related goods.
A defined portion or parcel of land considered as a unit
devoted to a specific use or occupied by a building or group of buildings
that are united by a common interest, use or ownership, and the customary
accessories and open spaces belonging to the same.
A lot, situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
That portion of the lot that is covered by buildings, structures,
pavement and all man-made improvements on the ground surface.
The lot line which abuts upon a street or highway right-of-way
boundary.
The lines bounding a lot as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The width of a lot measured along the rear line of the required
front yard setback.
Any building(s), site or place used for the commercial selling
of lumber and related building supplies, etc.
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts, the manufacturing of products and the blending of materials
such as lubrication oils, plastics and resins or liquors.
A facility where a process is used to alter the nature, size
or shape of articles or raw materials and to create new goods or components
of such goods. Said goods are consumed or used at another location.
This definition does not include private or commercial sand and gravel
extractions.
A facility where a process is used to assemble articles or
raw materials. Said goods or services are consumed or used at another
location. This definition does not include private or commercial sand
and gravel extractions.
A roof-like structure, often bearing a signboard projecting
over an entrance to a theater or other building.
A use containing more than one commercial use.
The mining of sand, gravel, clay, topsoil, muck, stone or
other natural mineral deposits, including the construction, alteration
or maintenance of mine roads, mine tailings, piles or pumps and mine
drainage.
A movable or portable residential structure designed and
constructed upon a permanent chassis or undercarriage which may be
towed, and, when connected to utilities, is designed to be used as
a residence with or without a permanent foundation for year-round
living. A mobile home may consist of two or more separately towable
components designed to be joined into one integral unit capable of
being again separated into the components for repeated towing. A mobile
home shall mean a structure designed to be used exclusively for residential
purposes and shall include what is commonly referred to as "doublewides,"
but shall exclude travel trailers. Mobile homes must meet all applicable
standards set forth in the New York State Uniform Fire Prevention
and Building Code as authorized by Article 18 of the New York State
Executive Law, effective January 1, 1984.
See "sign, mobile."
Any building comprised of two or more sections with or without
their own chassis, capable of being transported to their building
site and permanently joined into one integral unit which is indistinguishable
in appearance from a conventionally built home, including, but not
limited to, a sloped roof and permanent foundation.
An establishment providing transient accommodations containing
six or more rooms, with the rooms having direct access to the outside
without the necessity of passing through the main lobby of the building.
See "theater."
Any use by the City of Glens Falls of any property owned
or leased by it.
An institution for the acquisition, preservation, study and
exhibition of works of artistic, historical, cultural or scientific
value.
An establishment that stays open late at night and provides
food, drink and entertainment.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration,
other than as a part of a course of instruction offered by an educational
institution established pursuant to the laws of the State of New York.
The appearance of specified anatomical areas.
Any building, other than a hospital, where persons are housed
or lodged and furnished with meals and nursing care for hire.
A room, group of rooms or buildings used for conducting the
affairs of a business, profession, service, industry or government.
An office building may include ancillary services for office workers
such as a restaurant, coffee shop, newspaper or candy stand.
A business which sells office equipment.
An open space other than a street or alley, public or private
in ownership/use, used exclusively for the parking of automobiles.
An off-street space available for the parking of one motor
vehicle.
A structure, public or private in ownership/use, in which
automobiles may be parked or stored.
A use which involves the conduct of any of the performing
arts for personal or public enjoyment. Included are dancing, acting,
singing and musical performances.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A retail business where medicines are compounded and dispensed.
See "church."
A tract of land which is planned and developed as a unit
with a grouping(s) of residential, office and commercial buildings
together with their accessory buildings, and all appurtenant roadways,
parking areas, loading areas, open spaces and service buildings and
facilities.
A recreational area, owned and maintained by the City, designed
for the use of children.
A lot, together with all buildings and uses thereon.
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain, provided that there are
not conducted any vending stands, merchandising or commercial activities,
except as required for the membership and purposes of such club. This
term shall, include "private lodges."
An office or place to conduct licensed activities for those
engaged in a professional occupation, including all members of the
field of medicine, a lawyer, architect, landscape architect, engineer,
surveyor, licensed beautician or barber, real estate broker, insurance
agent or accountant.
Land use or buildings under the auspices of a government
unit, public agency or those involving public benefit or advantage;
hospitals, cemeteries, passenger stations, fire stations, government
offices or facilities (i.e., municipal garage, landfill operation,
water or waste material treatment or pumping facilities, etc.), community
centers and like uses are included in this definition.
A structure which is owned and operated by the municipality
and in which city-related business or functions are conducted.
A tract of land, designated and used by the public, owned
and maintained by the City for active and passive recreation.
A public facility designed for and used as the arrival and
departure points for any of various modes of public transportation
and their customers.
Any electric power transmission or distribution line and
associated equipment of a rating of more than 15 kilovolts which is
one mile or more in length; any telephone interchange or truck cable
or feeder cable which is one mile or more in length; any telephone
distribution facility containing 25 or more pairs of wire and designed
to service a new residential subdivision; any television, cable television,
radio, telephone or other communication transmission tower; any pipe
or conduit or other appurtenance used for the transmission of gas,
oil or other fuel which is one mile or more in length; and any electric
substation, generating facility of maintenance building and any water
or sewage pipes or conduits designed to service 50 or more principal
buildings.
A business which is involved in the preparation of a literary
piece for public distribution. Preparation shall include, but not
be limited to, editing, design, construction, printing, production,
marketing and distribution.
An area in which paper pulp or the logs which are intended
for making paper pulp is/are stored.
An office in which business pertaining to the buying and
selling of land and/or buildings or structures is conducted.
Any use involving the provision of recreation facilities
or activities for a fee.
Land or structures, owned and operated by the City, designed
for recreation. This term shall include public parks and public playgrounds.
An establishment or other facility for carrying on investigation
on the natural, physical or social sciences, or engineering and development
as an extension of investigation with the objective of creating end
products.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building.
An establishment where food and/or beverages are sold in
a form ready for consumption and where all or a significant portion
of the consumption takes place outside the confines of the building.
This term shall include drive-through restaurants.
Any building or structure in which one or more articles of
merchandise are sold at retail. Retail outlets in which minor manufacturing
or processing are incidental to the sale of goods or services on the
same premises (i.e., baker, jeweler, cleaner, photographer, tailor,
potter, etc.) and department stores are included in this definition.
See "commercial use."
See "sign, rotating."
Any parabolic dish whose purpose is to receive television,
radio, microwave or other such signals, or communications, from orbiting
satellites.
Any building, site or place used for the cutting or milling
of raw timber into dimensional lumber.
An education institution, either public or private, housing
a curriculum, a physical plant consisting of adequate facilities and
a qualified staff to carry out the institution's objectives.
A state of dress in which clothing covers no more than the
specified anatomical areas, as well as portions of the body covered
by supporting straps or devices.
A building or buildings located on one lot containing multiple
businesses, services and/or restaurants with a total gross square
footage exceeding 10,000 square feet.
Any of a variety of cloths or metals fastened to a building,
extending over the sidewalk area. This term shall include "canopy."
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, designs, demonstration,
symbols, fixtures, colors, illumination or projected images.
The total area of all faces or surfaces of a sign anywhere
upon which writing or any illustrative, emblematic or other artistic
or expressive matter appears. In cases where such writing or other
expressive matter is not set against any face or surface, the total
area within a contiguous rectangular perimeter enclosing the extreme
limits of such matter shall constitute the sign area. If the sign
area is composed of two surfaces back-to-back, the area of the larger
side shall constitute the total sign area.
A sign which directs attention to a business or profession
conducted, or to a commodity or service sold, offered or manufactured,
or to an entertainment offered on the premises where the sign is located.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance" and "exit."
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
Any nonmovable sign not affixed to a building.
A sign giving the nature, logo, trademark or other identifying
symbol; address; or any combination of the name, symbol and address
of a building, business, development or establishment on the premises
where it is located.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
Any sign or part of a sign which changes physical position
by any movement or rotation or which gives the visual impression of
such movement or rotation.
See "sign, mobile."
A sign or advertising display designed or intended to be
displayed for a short period of time.
Includes any of the following: adult entertainments, exhibitions
or services, including but not limited to strippers, topless waitressing,
busing or service; topless hair care or massages, service or entertainment
where the servers or entertainers wear pasties or G-strings or both.
Includes any of the following:
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming, and constructed, installed or maintained in or above the
ground. A swimming pool shall be deemed a structure for all purposes
under the provisions of this chapter.
See "restaurant, take-out."
An establishment used primarily for the serving of liquor
by the drink to the general public and where food or packaged liquors
may be served or sold only as accessory to the primary use.
A structure or device utilized for the receiving and/or transmitting
of radio and/or television signals, not enclosed within a building
or structure. This definition specifically excludes television/radio
transmission towers licensed for public broadcast by the FCC.
See "satellite dish, television."
See "sign, temporary."
A place of assembly for the showing of movies and the production
of plays and special events.
A service business where travel arrangements are made.
Any portable vehicle, including a tent camper or motor home,
which is designed to be transported on its own wheels, which is designed
and intended to be used for temporary living quarters for travel,
recreational or vacation purposes, and which may or may not include
one or all of the accommodations and facilities customarily included
in a mobile home.
A vehicle in full operating condition but without valid registration.
A commercial establishment in which videocassettes are available
on loan or for purchase. Ancillary functions may include the sale
of limited snack items and magazines.
A building designed or used as a wholesale storage and/or
distribution center.
Establishments or places of business primarily engaged in
selling merchandise to retailers, to industrial, commercial, institutional
or professional business users, or to other wholesalers; or acting
as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
A yard extending along the full length of the front lot line
between the side lot lines.
A yard extending along the full length of the rear lot line
between the side lot lines.
A yard situated between the building and the side line of
the lot and extending from the front yard (or from the front lot line,
if there is no required front yard) to the rear yard (or rear lot
line). The width of a side yard shall be measured from the side lot
line towards the building.
