The restrictions and controls intended to regulate
development in each zone district are set forth in this Article, which
is 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, no existing buildings
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 with 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.
A.
Principal permitted uses in the R-Ag District shall
be as follows:
(1)
All agricultural land uses, buildings and activities,
including the growing of field, truck and tree crops, dairying, livestock
raising, poultry raising and similar agricultural uses.
(2)
Nurseries and greenhouses.
(3)
Agricultural industries required by local agricultural
production.
(4)
Single-family detached dwellings.
(5)
Churches and parish houses.
(6)
Public parks and playgrounds.
(7)
Governmental buildings and uses, including police
and fire stations.
(8)
Public schools and private schools offering general
instruction.
B.
Permitted accessory uses in the R-Ag District shall
be as follows:
(1)
Home occupations, professions and trades.
(2)
Private garages and parking areas.
(3)
Signs.
(4)
Off-street parking and loading.
(5)
Roadside stands for the sale of products produced
on the premises.
(6)
Accessory farm buildings.
(7)
Other accessory uses and structures customarily appurtenant
to a principal permitted use.
C.
Special uses in the R-Ag District shall be as follows:
(1)
Automobile service and filling stations.
(2)
Golf courses and other outdoor recreational facilities.
(3)
Eating and drinking places.
(4)
Retail business or service establishments.
(5)
Community buildings, country clubs, social halls,
clubs, lodges and fraternal organizations.
(6)
Hospitals and sanatoriums.
(7)
Cemeteries.
(8)
Planned development groups.
(9)
Motels, motor courts, inns, tourist cabins.
(10)
Outdoor storage, junk, automobile salvage and wrecking
yards.
(11)
Mobile home parks.
(12)
Public utility structures.
A.
Principal permitted uses in the R-1 District shall
be as follows:
(1)
One-family detached dwellings.
(2)
Churches and parish houses.
(3)
Libraries.
(4)
Public parks and playgrounds.
(5)
Governmental buildings and uses, including police
and fire stations.
(6)
Public schools, private schools offering general instruction.
(7)
The practice of the professions of medicine, dentistry
and law.
[Added 9-15-1971]
B.
Permitted accessory uses in the R-1 District shall
be as follows:
C.
Special uses in the R-1 District shall be as follows:
(1)
Cemeteries.
(2)
Golf courses and other outdoor recreational facilities.
(3)
Community buildings, country clubs, social halls,
lodges and fraternal organizations.
(4)
Planned development groups.
(5)
Mobile home courts, parks and camps.
[Amended 6-27-1988 by L.L. No. 3-1988]
(6)
Public utility structures.
[Amended 6-27-1988 by L.L. No. 3-1988]
A.
Principal permitted uses in the R-2 District shall
be as follows:
(1)
One-family detached dwellings.
(2)
Churches and parish houses.
(3)
Libraries.
(4)
Public parks and playgrounds.
(5)
Governmental buildings and uses, including police
and fire stations.
(6)
Public schools, private schools offering general instruction.
(7)
The practice of the professions of medicine, dentistry
and law.
(8)
Two-family dwellings.
(9)
Multiple dwellings.
(10)
Colleges and universities.
B.
Permitted accessory uses in the R-2 District shall
be as follows:
C.
Special uses in the R-2 District shall be as follows:
A.
Principal permitted uses in the C-1 District shall
be as follows:
(1)
Local retail business or personal service establishments,
such as grocery, drug- and hardware stores, meat or food markets,
barber- and beauty shops, shoe repair shops and the like, where such
uses are necessary to supply the daily living needs of the community.
(2)
Offices and banks.
(3)
Eating and drinking establishments.
(4)
Governmental buildings and uses, including police
and fire stations.
A.
Principal permitted uses in the M-1 District shall
be as follows:
(1)
Industrial or business of a kindred nature engaged
in manufacture, assemblage, treatment or packaging of products and
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.
[Amended 6-11-1990 by L.L. No. 6-1990]
(2)
Research and related laboratory uses.
(3)
Distribution plants.
[Added 9-13-1993 by L.L. No. 1-1993]
A.
Purpose and intent. The purpose of this Commercial
Plaza District is to accommodate existing commercial activity and
to provide for areas within Fort Edward where commercial land uses
can be promoted and developed to meet the needs of the town.
B.
Permitted uses.
(1)
Permitted uses include:
(a)
Retail stores or services (i.e., hardware, meat
or food, clothing apparel/department store, sporting equipment store,
jewelry store, shopping center, building and garden supplies, convenience
stores, florists).
(b)
Personal service shops (i.e., drugstore, barber
store, beauty parlor, shoe repair, travel agency, bakery, crafts,
banks/including drive-in banks).
(c)
Offices, professional and general, including
architect, artists, chiropractor, dentist, engineer, insurance broker,
lawyer, musician, ophthalmologist, physician, public account, real
estate broker, teacher, medical facilities.
(d)
Restaurants, theater.
(e)
Nursing home, child-care facilities, health-care
facilities.
(f)
Motel, inn, lodge, hotel, bed-and-breakfast.
(g)
Parking.
(h)
Grocery store or supermarket.
[Added 8-1-2014 by L.L.
No. 1-2014]
(i)
Car maintenance facilities, car wash.
[Added 8-1-2014 by L.L.
No. 1-2014]
(j)
Vehicle sales and service businesses.
[Added 8-1-2014 by L.L.
No. 1-2014]
C.
Uses not permitted within this zone.
(1)
Massage parlors.
(2)
Tattoo parlors.
(3)
Adult bookstores.
(4)
Amusement businesses and/or arcades.
(5)
Businesses which principally sell gasoline,
gasoline service stations.
(6)
Billiard parlors.
(7)
Adult entertainment, including adult arcade, adult video store, adult cabaret, adult entertaining, adult motel, adult motion-picture theater, adult theatre, escort agency, nude model studio and sexual encounter center, as defined in § 26-2 of the Town of Port Edward Town Code.
[Amended 8-1-2014 by L.L.
No. 1-2014]
(9)
Vehicle sales and service businesses.
[Added 1-10-2005 by L.L. No. 1-2005]
D.
The Commercial Plaza Zone shall include all areas
designated C-1 on the official Zoning Map of the Town of Fort Edward
dated August 7, 1963, and all areas subsequently designated C-1 by
the Town Board and the area bounded on the north by the boundary line
between the Town of Fort Edward and the Village of Hudson Falls, on
the east by Elizabeth Street, on the south by Schuyler Street and
on the west by Broadway (sometimes referred to as “Lower Main
Street”).
[Amended 1-10-2005 by L.L. No. 1-2005]
E.
A special use permit under Zoning § 108-28 shall be required for a planned unit development of commercial uses within this zone.
F.
Site plan review under Chapter 81 of the Fort Edward Code shall be applicable to all development uses within this zone.
G.
Application of commercial plaza except as herein provided:
(1)
No building or land shall hereafter be used
or occupied and no building or part thereof shall be erected, moved
or altered except in conformity with the regulation herein set forth.
(2)
Any lot held in single and separate ownership
prior to the adoption of this section, whose area and/or width and/or
depth are less than the specified minimum lot requirements of this
section for that district, may be 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 15,000 square
feet and a minimum width of at least 100 feet at the required setback
line.
(d)
All other requirements of this section have
been met.
H.
Nonconforming uses.
(1)
Continuation of nonconforming uses. The lawful
use of any land use existing at the time of the adoption of this section
may be continued, although such land use does not conform with the
provisions of this section except as hereinafter provided.
(2)
Extension or enlargement.
(3)
Abandonment and discontinuance.
(a)
Any nonconforming use which lies abandoned or
discontinued for a period of 12 consecutive months shall not be permitted
to be re-established as a nonconforming use and any future use of
the property shall be in conformity with the provisions of this section.
(b)
Any nonconforming use which has been abandoned
or discontinued for less than 12 consecutive months may be re-established
as a nonconforming use if such restoration is completed within 12
months from the date of the abandonment or discontinuance.
(4)
Completion. Nothing in this section shall prohibit
the completion of any lawful structure for which the excavation has
been prepared and the foundation walls constructed at the date this
section takes effect, provided however, that the construction must
be completed within a period of one year from that date.
I.
General Commercial Plaza regulations.
(1)
The following regulations apply to all uses
permitted by right:
(a)
Minimum lot area: 20,000 square feet.
(b)
Minimum lot area without public sewer and water:
40,000 square feet.
(c)
Minimum lot area without public sewer: 30,000
square feet.
(d)
Minimum lot width: 125 feet.
(e)
Minimum lot depth: 150 feet.
(f)
Maximum building coverage: 45%.
(g)
Minimum green space: 20%.
(h)
Minimum front yard: 20 feet.
(i)
Minimum rear yard: 10 feet.
(j)
Minimum side yard: 10 feet.
(k)
Maximum height: three stories or 35 feet.
J.
Signs within Commercial Plaza Zone.
(1)
"Signs" shall mean any material, structure or
device, or part thereof, composed of lettered or pictorial matter,
which, when used and located out of doors, displays any advertisement,
announcement notice, directional matter or name, and includes sign
frames, billboards, sign boards, painted wall signs, hanging signs,
illuminated signs, projecting or ground signs, and includes any announcement,
declaration, demonstration, display sign, illustration or insignia
used to advertise or promote the interest of any person, activity
or business when the same is placed in view of the public.
(2)
Signs are limited to one that identifies the
business use, and such sign shall be affixed to and connected with
the building and shall not exceed 50 square feet in size.
(3)
Freestanding signs.
(a)
One freestanding sign shall be permitted for
each principle business structure, and such sign may be used to identify
any and all businesses in such structure.
(b)
A freestanding business sign shall not exceed
48 square feet in size, including both sign faces, if illuminated.
(c)
A freestanding business sign shall not exceed
80 square feet in size, including both sign faces, if nonilluminated
or undertaken pursuant to indirect lighting.
(d)
The height of the freestanding sign shall be
no more than 20 feet above the proposed grade at its location.
(5)
Requirements.
(a)
After the effective date of this section, no
person shall erect any sign within this district without first obtaining
a permit from the Building Inspector.
(b)
No sign, whether new or existing, shall hereafter
be erected or altered except in conforming with provisions of this
section. However, notwithstanding any provision contained herein,
the sign must be kept clean, neatly painted and free from all hazards
such as but not limited to faulty wiring, loose fastenings that must
be maintained at all times and such safe conditions so as not to be
detrimental to the public health or safety.
(c)
Signs shall be nonflashing, nonanimated and
nonrevolving and illumination shall not cause excessive glare to adversely
affect abutting properties. In no event shall an illuminated sign
or lighting device be so placed or directed so as to permit the beams
and illumination thereof to be directed or beamed upon a public street,
highway or sidewalk so as to cause glare or reflection that may constitute
a traffic hazard or nuisance.
(d)
Signs must be constructed of durable materials,
maintained in good condition and not allowed to become dilapidated.
(e)
A sign shall be permitted only in connection
with the permitted use of premises.
(f)
Directional signs, such as entrance, exit, etc.,
shall be of a size not to exceed three square feet and not to exceed
four feet in height above the existing grade of the street and shall
not interfere with sight distances. Fifty percent of the directional
sign must be devoted to direction and not to a trademark or logo.
(g)
Signs shall not project beyond property lines
or over public sidewalk areas, except as expressly permitted in commercial
districts. In those cases where a sign is permitted to project beyond
property lines or over public sidewalks, the owner of the sign or
his authorized agent shall file with the Town Clerk a bond in the
amount of $5,000 prior to erection of the sign. Such bond shall be
kept in effect at all times until the sign is removed. In the event
of the abandonment of the sign by the owner, such bond may be used
to defray the cost of removal by the town.
(h)
Signs shall be accessory to the principal use
where they are erected.
(i)
A sign permit shall be required for the erection,
alteration or reconstruction of any business or advertising sign within
this Commercial Plaza Zone.
(j)
One temporary nonilluminated sign advertising
the sale, lease or construction of or on the premises shall be permitted
for a period not to exceed 12 months. Such sign shall not exceed 16
square feet in area on both faces.
(k)
Signs associated with legally nonconforming
uses located in this Commercial Plaza District must comply with the
sign regulations.
(l)
No sign shall be erected or painted on the roof
of any building and no sign shall in any event project above the roofline
of the building to which it is attached.
(m)
Window signs. No signs erected or maintained
in the window of a building visible from any public or private street
or highway shall occupy in aggregate no more than 15% of the area
of said window.
(n)
Wall signs. No sign or graphic description of
any nature shall be permitted to be painted on exterior walls.
(o)
At the end of the third year, said sign shall
be replaced and all signs shall be erected in conformance with the
sign requirements pursuant to application approval by the Building
Inspector.
(p)
No sign shall be permitted and no permit issued
unless the construction or erection shall comply with the safe and
existing methods of construction or erection and shall not endanger
the users of the public streets or sidewalks of the town. Electric
signs must display an Underwriters' Laboratories seal of approval,
or the owner must furnish a Board of Fire Underwriters' certificate
within 30 days. A fee shall be charged.
(q)
Any nonconforming signs at the time of the adoption
of this section shall be permitted to be maintained as said sign for
three years. At the end of the third year from the effective date
of this chapter, said sign shall be replaced and all signs shall be
erected in conformance with this sign requirement pursuant to application
and approval by the Building Inspector. The Building Inspector shall
notify the owner of the premises in writing to remove said sign at
the expiration of the three years upon a sixty-day notice. Upon failure
to comply with this notice, the Building Inspector shall remove or
cause to be removed said sign and shall cause to be assessed against
the property all costs and expenses incurred.
(r)
A nonconforming sign which is destroyed or damaged
to an extent in excess of 50% shall not be replaced except by a sign
which conforms to the requirements for signs in this Zone. Replacement
or repair of this nonconforming sign destroyed or damaged of less
than 50% does not extend the three-year limitation use of its nonconforming
use.
(s)
Any nonconforming sign existing as of this effective
date cannot be enlarged, rebuilt, structurally altered or relocated
except as to make such sign conform.
(t)
Any sign existing on or after this date, or
at any time thereafter, which the Building Inspector shall find to
be immediate danger to the public, may be summarily removed by Building
Inspector.
(u)
Any sign which exists and which advertises a
business or operation no longer conducted or a product no longer sold
on the premise shall be removed by the owner of the premise along
upon which said sign is located. If the sign is not removed, the Building
Inspector shall notify the owner of the premise, in writing, to remove
said sign within 60 days. Upon failure to comply with the notice,
the Building Inspector shall remove or cause to be removed said sign
and shall cause to be assessed against the property all costs and
expenses.
(6)
Temporary signs. No signs of temporary nature,
such as political and election notices, advertisement for sporting
events and shows, promotional devices and other signs of similar nature
shall be displayed until 60 days prior to the event and must be removed
within 10 days after the event. The Building Inspector, after 10 days
written notice to remove such sign and after the failure to remove
such sign, shall remove said sign at the town's cost and shall charge
the owner of the premise where the temporary sign was displayed. Candidates
or their organization shall be responsible for the removal of their
signs. Upon failure to remove said signs, and upon written notice,
said candidate and/or organization shall be responsible for the cost
of removal.
(7)
Posting prohibitions. No signs, printed bills
or other advertising material shall be affixed to any tree, fence,
electric, light, telephone or any other public utility pole within
the town.
(8)
Sign application.
(a)
Application for the permit shall be made, in
writing, in duplicate upon forms prescribed and provided to the Building
Inspector and shall contain the following information:
[1]
The name, address and telephone number of the
applicant.
[2]
The location of the building, structure or land
upon which the sign is to be erected.
[3]
A detailed drawing or blueprint showing the
description of the construction details of the sign and showing the
lettering or pictorial matter composing the sign, position of lighting
or other extraneous devices.
[4]
A location plan showing the location of the
sign and the building or land in its position in relation to nearby
buildings or structures and to any private or public street or highway.
[5]
Written consent of the owner or a duly authorized
agent of the building structure or land to which or upon which the
sign is to be erected in the event that the applicant is not the owner.
(b)
It shall be the duty of the Building Inspector
upon the filing of an application for a permit to erect a sign to
examine such plan specifications and other data submitted to him with
the application. The Building Inspector shall review said application
and may require additional information. The Building Inspector shall
either issue or deny a permit within 15 working days upon receipt
of a complete application. The applicant must be notified, in writing,
if the Building Inspector rejects the application. If the application
is rejected, the applicant has the right to appeal to the Fort Edward
Planning Board.
(c)
Every applicant who shall be granted a permit
under this section shall display in a prominent location on the premise
the identifying decal of approval.
(9)
Sign variance.
(a)
The Planning Board of the Town of Fort Edward
may in appropriate cases and after public notice and hearing and subject
to appropriate safeguards vary or modify the application of this section
or specific sign requests.
(b)
The applicant shall file an appeal on a form
submitted by the Building Inspector in duplicate to the Planning Board,
and it shall contain the information previously submitted to the Building
Inspector and any updated information, together with an explanation
as to the need for variance or modification in the Sign Ordinance
of this particular application, such as there being practical difficulty
or unnecessary hardship in the way of carrying out the strict application
of this section.
(c)
In granting a variance or modification, the
Planning Board may vary or modify the provisions so that the spirit
of the law shall be observed and the proposed nonconforming sign would
not be offensive to the artistic and aesthetic objectives of this
section. In making any such determination, the burden of proving the
necessity or the artistic value of the variance shall be on the applicant.
The Planning Board may prescribe such conditions or restrictions as
it may be deemed necessary. The Planning Board may specify the time
limit during which a grant of variance shall be effective. Such conditions
or restrictions shall be incorporated in any permits.
(d)
The concurring vote of the majority of the members
of the Planning Board present shall be necessary to reverse any order,
requirement, decision, determination or appeal from or to decide in
favor of the applicant in any matter upon which it is required to
approve. Every decision shall be by resolution supported by the reasons.
The decision shall be filed with the Town Clerk. The decision shall
also be mailed to the applicant.
(e)
The granting of any variance or modification
shall in no event be construed as precedent for any other application
for sign variance.
(10)
Sign violation.
(a)
In the event of a violation of any of the foregoing
provisions, the Building Inspector shall give written notice specifying
the violation to the named owner of the sign and the named owner of
the land upon which the sign is erected, sent to the addresses as
stated in the application for the sign permit, to conform the sign
to the provision or remove such sign. The sign shall thereupon be
conformed by the owner of the sign and the owner of the land within
30 days from the date of the notice. In the event that said sign shall
not be conformed within 30 days, the Building Inspector shall thereupon
revoke the permit and such sign shall be removed by the named owner
of the sign or the named owner of the land.
(b)
Failure to comply with any of the provisions
of this section shall be deemed in violation. The violators shall
be liable to a fine of not more than $50, and each day such violation
continues shall constitute a separate violation.
K.
Parking within commercial plaza zone.
(1)
Off-street parking and loading. Off-street parking
and loading must be provided according to the requirements set forth
herein. No open or enclosed parking or loading area shall encroach
on any required front yard. Open parking and loading areas may encroach
on required side or rear yards to within three feet of the side or
rear lot line.
(2)
Off-street parking space shall be required for
all buildings constructed, altered, extended and engaged in use after
the effective date of this chapter.
(3)
All parking shall be adequately lighted.
(4)
Off-street parking areas located within 10 feet
of residential use shall be shielded by wall, fencing or by other
suitable material which shall serve to screen noise and site as approved
by the Planning Board.
(5)
Schedule of minimum required off-street parking
spaces. The following shall be the minimum requirements for off-street
parking.
|
Type
|
Number of Spaces Required
|
|---|---|
|
Retail convenience store
|
1 space per 500 square feet or fraction thereof
of interior retail service area; under no circumstances less than
five 5 spaces, plus 1 space for each employee
|
|
Professional offices, medical
|
1 space per 150 square feet of gross interior
floor area
|
|
Professional offices, nonmedical
|
1 space per 200 square feet of gross floor area
|
|
Service stores
|
1 space per 100 square feet or fraction thereof
of service area; under no circumstances less than five 5 spaces, plus
1 space for each employee
|
|
General business offices
|
1 space per 200 square feet of floor area
|
|
Food markets
|
1 space per 200 square feet of gross floor area
|
|
Banks
|
1 space per 200 square feet of gross floor area
|
|
Restaurants
|
1 space per 50 square feet of gross floor area
|
|
Child day-care centers
|
1 space per employee plus 0.15 space per child
|
|
Hotels/motels
|
1 space per room and 1 space per employee on
the maximum shifts
|
(6)
Off-street loading within Commercial Plaza Zone.
(a)
Off-street loading. At least one off-street
loading space shall be provided for each commercial or industrial
establishment hereafter erected or substantially altered to have a
gross floor area in excess of 5,000 square feet, computed as described
below. Space for off-street loading shall be in addition to space
for off-street parking.
(b)
Each off-street loading space shall be subject
to the following minimum requirements:
[1]
Each berth shall be not less than 12 feet wide,
40 feet long and 14 feet in height when covered.
[2]
Off-street loading space (or spaces) located
within 25 feet of a residential property shall be shielded by wall,
fencing or other suitable material which shall serve to screen noise
and uncontrolled entrance.
(c)
For any building having more than one use, parking
space shall be required as provided for each use.
L.
Inconsistency and supersession. If there is any inconsistency
between this section and other Town of Fort Edward local laws and
Fort Edward Zoning Ordinance, this section shall prevail and supersede
the other local laws and Fort Edward Zoning Ordinance.
Lot, yard and height regulations shall be as
follows:
|
District
| |||||||
|---|---|---|---|---|---|---|---|
|
Regulation
|
R-Ag
and R-1
|
R-2
|
C-1
|
M-1
|
N-11
| ||
|
Minimum lot area (square feet
|
10,000
|
10,000
|
--
|
1/2 acre
|
--
| ||
|
Without public water and sewage facilities (square
feet)
|
20,000
|
20,000
|
--
|
--
|
--
| ||
|
Without public sewage facilities (square feet)
|
15,000
|
15,000
|
--
|
--
|
--
| ||
|
Minimum yards
| |||||||
|
Front (feet)
|
20
|
20
|
20
|
30
|
20
| ||
|
Rear (feet)
|
25
|
25
|
20
|
30
|
20
| ||
|
Side
| |||||||
|
1 (feet)
|
10
|
10
|
--*
|
20
|
--*
| ||
|
Both (feet)
|
25
|
25
|
--*
|
45
|
--*
| ||
|
Minimum lot width (feet)
|
100
|
75
|
--
|
100
|
--
| ||
|
Minimum lot depth (feet)
|
100
|
100
|
--
|
200
|
--
| ||
|
Maximum building coverage
|
30%
|
30%
|
50%
|
25%
|
50%
| ||
|
Maximum height
| |||||||
|
Stories
|
2 1/2
|
2 1/2
|
3
|
2
|
3
| ||
|
Feet
|
30
|
30
|
35
|
30
|
35
| ||
|
*NOTE: None required, but when provided shall
be at least 15 feet.
|
|---|
|
1[Added 8-14-1989
by L.L. No. 6-1989]
|
