The restrictions and controls intended to regulate development in each zone district are set forth in the Schedules I and II, §§
153-9 and
153-10, which are supplemented by other sections of this chapter.
Except as hereinafter otherwise provided:
A. No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used or intended to be used, for any purpose or in any manner other
than as specified among the uses hereinafter listed as permitted in
the district in which such building or land is located.
B. No building shall be erected, reconstructed or structurally altered
to exceed in height the limit hereinafter designated for the district
in which such building is located.
C. No building shall be erected and no existing building shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area and building location regulations hereinafter
designated for the district in which such building or open space is
located.
D. No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
as providing a yard or open space for any other building, and no yard
or other open space on one lot shall be considered as providing a
yard or open space for a building on any other lot.
Uses in the indicated districts shall be restricted as follows:
A. District R-1.
(1) Principal permitted uses:
(a)
One-family detached dwellings.
(c)
Public parks and playgrounds.
(2) Permitted accessory uses:
(a)
Private garages and parking areas.
(b)
Home gardening, but not the raising of poultry, livestock and
other similar activities.
(c)
Other accessory uses and structures customarily appurtenant
to a principal permitted use.
B. District R-2.
(1) Principal permitted uses:
(a)
One-family detached dwellings.
(c)
Churches and parish houses.
(e)
Public parks and playgrounds.
(f)
Governmental buildings and uses, including police and fire stations.
(g)
Public schools and private schools offering general instruction.
(2) Permitted accessory uses:
(a)
Private garages and parking areas.
(b)
Home gardening, but not the raising of poultry, livestock and
other similar activities.
(c)
Other accessory uses and structures customarily appurtenant
to a principal permitted use.
(3) Special uses:
(b)
Community buildings, country clubs, social halls, lodges and
fraternal organizations.
(c)
Public utility structures.
C. District C.
(1) Uses permitted with site plan review and approval of the Planning
Board:
(c)
Personal service establishments such as barber and beauty shops,
shoe repair shops where such uses are necessary to supply the daily
living needs of the community.
(e)
Eating and drinking establishments.
(f)
Governmental buildings and uses, including police and fire stations.
(g)
Hospital, nursing and convalescing homes.
(2) Accessory uses allowed with site plan review and approval from the
Planning Board:
(a)
Public and private parking and loading.
(b)
Other accessory uses customarily appurtenant to a permitted
use.
(3) Special uses:
(a)
Automobile sales, service, repair and filling stations.
(b)
A mixed-use building with any combination of residential (single-family, duplex or multifamily dwellings) or commercial uses shall be permitted with front setback specified by §
153-10 within the applicable zoning district in a line measured from the actual curb (and if no curb, from the apparent curbline) and shall be applicable to the construction of a new mixed-use building or applicable to the modification of any existing building which shall be appropriate as a mixed-use building so as to achieve conformity with adjacent and nearby improved properties.
D. District C-2.
(1) Uses permitted with site plan review and approval of the Planning
Board:
(a)
Retail business, Type II.
(c)
Personal service establishments such as barber and beauty shops,
shoe repair shops where such uses are necessary to supply the daily
living needs of the community.
(e)
Eating and drinking establishments.
(f)
Governmental buildings and uses, including police and fire stations.
(g)
Hospital, nursing and convalescing homes.
(2) Accessory uses allowed with site plan review and approval from the
Planning Board:
(a)
Public and private parking and loading.
(b)
Other accessory uses customarily appurtenant to a permitted
use.
(3) Special uses:
(a)
A mixed-use building [any combination of residential (single-family, duplex or multifamily dwellings) or commercial uses] shall be permitted with front setback specified by §
153-10 within the applicable zoning district in a line measured from the actual curb (and if no curb, from the apparent curbline) and shall be applicable to the construction of a new mixed-use building or applicable to the modification of any existing building which shall be appropriate as a mixed-use building so as to achieve conformity with adjacent and nearby improved properties.
E. District M-1.
(1) Uses permitted with site plan review and approval of the Planning
Board:
(a)
Light industrial or business of a kindred nature engaged in
the manufacture, assemblage, treatment or packaging of products and
the warehousing of products when conducted without public hazard,
except those which, by reason of odor, noise, dust or smoke, constitute
a nuisance to or endanger the safety of neighboring property.
(b)
Research and related laboratory uses.
(2) Accessory uses allowed with site plan review and approval from the
Planning Board:
(a)
Public and private parking and loading.
(b)
Other accessory uses customarily appurtenant to a permitted
use.
F. District RC-1. [NOTE: It is the purpose of this zoning district to
preserve, protect and conserve those portions of the Village with
floodplains designated by the Federal Emergency Management Agency
(June 5, 1985, Local Law No. 2-1987), in order to secure the benefits
of these natural areas consistent with the general welfare and the
economic, social and agricultural development of the Village of South
Glens Falls.] To promote these purposes in Resource Conservation District
RC-1, no building or other structure shall be built, or land shall
be used, and no building shall be built, altered or erected to be
used for any purpose other than those uses listed below.
(1) Uses permitted with site plan review and approval of the Planning
Board:
(a)
Farm or other agricultural operation, including gardens, nurseries,
greenhouses and usual farm accessory buildings, not including dwellings
or buildings housing farm animals or fowl.
(b)
Parks, playgrounds, bikeways, athletic fields, marinas, riding
academies, game preserves and other similar uses, including usual
accessory buildings.
(c)
Municipal or public utility structures or facilities.
G. District ARC-1.
(1) It is the purpose of this zoning district to protect the water quality
of the natural aquifer which supplies the Village's spring supply
collection boxes and aid in the protection of the Village's deep
wells. This zone covers a portion of the aquifer recharge area and
areas of potential expansion of the spring supply which fall within
the boundary of the Village limits.
(2) To promote this purpose, no building or other structure shall be
built, or no land shall be used, and no building shall be built, altered
or erected to be used for any purpose other than those listed below.
(3) Residences, with a density not to exceed one single-family dwelling
per three acres. In order to promote open spaces, clustering shall
be encouraged with not more 1/3 of gross land area cleared and developed
for individual residences, access roads or other site development
features.
(4) Municipal uses, including but not limited to improvements to the
Village's water supply system.
(5) Permitted principal and accessory uses. All principal and accessory
uses in the ARC-1 Zone shall be restricted to those principal, permitted
uses provided for in the R-1 Zone.
(6) Special uses:
(a)
Any parking area for more than five vehicles excluding driveways.
(b)
Motor vehicle repair garages.
H. APD Aquifer Protection District (APD). The purpose of the APD is to protect, preserve and maintain water quality of the natural aquifer which supplies the Village's spring supply, including portions of this aquifer which do not feed the Village's spring supply collection boxes. Water service for all properties within the APD are required to abide by the regulations set forth in Chapter
149.
I. Use restrictions relating to ARC-1 and APD Districts.
(1) Permitted uses.
(a)
All uses permitted by this chapter in the underlying zoning
districts, as permitted in said districts, except those uses specified
by this article as requiring site plan review and approval, special
permits, or as prohibited uses, shall be permitted.
(b)
All uses, storage and application of pesticides and herbicides
shall be in conformance with New York State Environmental Conservation
Law Article 33.
(c)
All uses in an ARC-1 Zone shall be restricted to those principal
permitted uses and permitted accessory uses provided for in an R-1
Zone.
(2) Special permit uses. Provided that uses are permitted as of right in the underlying zoning district or provided that a special permit is obtained for any use requiring the same in the underlying zoning district, the following uses are permitted subject to the obtaining of a special permit as provided in §
153-18 and in conformity with the standards set forth in §
153-18 of this chapter.
(a)
Any parking area for more than five vehicles, including both
accessory parking areas and parking areas as principal uses, but excluding
driveways. Such parking areas shall be designed with oil separators
and proper site grading to prevent any discharge of petroleum into
the ground.
(b)
Motor vehicle repair garage, provided that:
[1]
All operations take place entirely within a building and upon
a concrete floor designed with elevated edges and without drain so
that no drainage can occur into the ground.
[2]
There is no on-site petroleum product storage except for the
following: vehicle fuel stored in vehicle tanks and petroleum storage
in tanks which, regardless of size, are designed and constructed in
accordance with the standards of the New York State Department of
Environmental Conservation Rules and Regulations for Bulk Storage
(6 NYCRR Part 614), and applicable tanks must meet the aforementioned requirements.
Replacement tanks must meet the aforementioned requirements.
[3]
Any area for the outside storage of motor vehicles shall be
designed with oil separators and proper site grading to prevent any
discharge of petroleum or other hazardous material into the ground.
J. Prohibited uses. The following uses shall be prohibited in all zoning
districts:
(1) Land application of wastewater, septage and sludge.
(2) Open storage of manure, open storage of fertilizer, animal feedlots
and confinement areas within 100 feet of any watercourse and surface
water drainage from such facilities into any watercourse.
(3) Creation or discharge of hazardous pathogenic or radioactive material,
solid waste or junk, junkyards and petroleum products.
(4) Treatment of hazardous material.
(5) Dry-cleaning and dyeing establishments and laundries that utilize
cleaning solvents.
(6) Printing and photo processing establishments that use on-site chemical
processes.
(7) Furniture finishing and stripping establishments.
(8) The storage of hydrocarbon products, except for the following: vehicle
fuel stored in vehicle tanks; on-site storage of home heating oil;
fuel for on-site use by commercial establishments, in storage tanks,
provided that such tanks, regardless of size, are designed and constructed
in accordance with the standards of the New York State Department
of Environmental Conservation Rules and Regulations for Bulk Storage
(6 NYCRR Part 614) and applicable federal regulations. Replacement tanks
must meet the aforementioned requirements.
(9) Automotive gasoline stations; car washes.
(10)
Open storage of road salt.
(11)
Storage of hazardous materials, except in sealed or unopened
containers for resale or in containers normal for household use.
The following area, lot, yard and height regulations shall apply:
|
District
|
---|
Regulation
|
R-1
|
R-2
|
C
|
C-2
|
M-1
|
RC-1
|
ARC-1
|
---|
Minimum lot area (square feet)
|
13,500
|
13,500
|
4,000
|
13,500
|
21,780
|
43,560
|
3 acres
|
Minimum yards1
|
|
|
|
|
|
|
|
Front yard (feet)
|
25
|
25
|
12
|
25
|
12
|
80
|
25
|
Rear yard (feet)
|
25
|
25
|
12
|
20
|
20
|
50
|
25
|
Side yard
|
|
|
|
|
|
|
|
One side yard
|
10
|
10
|
—
|
—
|
12
|
25
|
25
|
Combined side yard
|
20
|
20
|
—
|
10
|
24
|
50
|
50
|
Minimum lot width
|
|
|
|
|
|
|
|
Minimum lot width
|
90
|
90
|
40
|
90
|
100
|
150
|
200
|
With clustering (feet)
|
80
|
80
|
40
|
80
|
100
|
150
|
90
|
Minimum lot depth (feet)
|
150
|
150
|
100
|
150
|
200
|
200
|
200
|
Maximum lot coverage
|
40%
|
40%
|
60%
|
40%
|
60%
|
10%
|
10%
|
Maximum height
|
|
|
|
|
|
|
|
Stories
|
2 1/2
|
2 1/2
|
—
|
—
|
3
|
—
|
2 1/2
|
Feet
|
30
|
40
|
45
|
45
|
80
|
—
|
30
|
Special notes to Schedule II are as follows:
|
1
|
All proposed uses on a parcel in the C or C-2 Districts abutting
a parcel in the R-1 District shall meet the side yard setback and
rear yard setback of the R-1 District.
|