Ballston Spa City Zoning Code
ARTICLE VII
Regulations on Area and Bulk
§ 205-24 Schedule of area and bulk regulations.
Regulations governing lot area and lot width; front, side and rear yards; lot coverage and building height are as specified in Schedule B,[1] and additional regulations are as follows:
A.
Reduction of lot area. The minimum yards and open spaces, including lot area per dwelling unit, required by this chapter for any building existing at the time of adoption of this chapter or for any building hereafter erected or structurally altered shall not be encroached upon or considered as yard or open space requirements for any other building nor shall any lot be reduced below the district requirements of this chapter.
B.
Corner lot. On a corner lot in any district where a front yard is required, a yard shall be provided on each street equal in depth to the required front yard on such streets. The area of the yard not fronting on a street shall meet the side yard setback for that district.
C.
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge or other structure or planting more than 2.5 feet in height shall be erected, placed or maintained nor shall branches or foliage of trees be permitted less than 10 feet from the ground so as to obstruct visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and straight line joining said lines at points 50 feet distant from the point of intersection measured along said lines.
D.
Height.
(1)
It shall be unlawful for any person, firm, corporation or governmental subdivision to build, erect, cause to be built or cause to be erected any building or structure or any addition to any existing building or structure which would exceed the maximum building height for each zoning district as shown in Schedule B, Area and Bulk Regulations.[2]
[2]
Editor's Note: Schedule B is located at the end of this chapter.
(2)
In the event that any person, firm, corporation or governmental subdivision attempts to erect any building or structure or any addition to any existing building or structure in violation of this chapter, any such person, firm, corporation or governmental subdivision shall cease, desist and halt all such construction immediately upon being so notified by the Building Inspector of the Village of Ballston Spa.
(3)
Any building, structure or addition to any existing building or structure which shall be erected in violation of the terms of this chapter shall be considered a public nuisance.
(4)
It shall be unlawful for any person, firm, corporation or governmental subdivision to occupy or cause to be occupied any building or structure or addition to any existing building or structure constructed in violation of the terms of this chapter, and any person, firm, corporation or governmental subdivision which shall occupy or cause to be occupied any such structure or addition thereto shall be removed therefrom by the Building Inspector of the Village of Ballston Spa and/or his/her designees, and the expenses of any such removal shall be borne by the owner of any such nonconforming building structure or addition to such building or structure.
[1]
Editor's Note: Schedule B is located at the end of this chapter.
§ 205-25 Accessory structures.
A.
Unattached accessory buildings may be erected in residential districts, provided that the following criteria are met:
(1)
Height. Maximum height of accessory buildings shall be one story or 15 feet, whichever is greater.
(2)
Location. Accessory buildings may be erected within rear and side yards in accordance with the following requirements:
[Amended 9-23-2002 by L.L. No. 5-2002]
(3)
Lot coverage. In computing lot coverage, the total footprint of the principal buildings and accessory structures shall be used.
B.
Accessory buildings may be erected in nonresidential districts, provided that the following criteria are met:
(1)
They are nondwelling structures.
(2)
Such accessory buildings shall comply with front and side yard requirements, if any, for the principal building to which they are accessory.
(3)
Such accessory buildings shall not be closer to any rear property line than 10 feet.
(4)
Maximum height shall be one story or 15 feet.
C.
Satellite antenna are allowable under the following conditions:
(1)
Satellite dishes may be placed in side and rear yards only.
(2)
Satellite dishes located on accessory buildings may be a maximum of 10 feet above the maximum elevation of the roof.
(3)
Satellite dishes on the primary structure of a lot are prohibited.
(4)
Satellite dishes must meet the rear and side yard setback requirements listed in § 205-25A(2).
§ 205-26 Height exceptions.
A.
The height limitations of this chapter, as shown in Area and Bulk Schedule B,[1] shall not apply to church spires, belfries, cupolas and domes which are not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above roof level nor to a parapet wall or cornice nor to radio or television receiving antennas, transmission towers and cables or other similar structures, provided that they do not exceed the height limit by more than five feet.
[1]
Editor's Note: Schedule B is located at the end of this chapter.
B.
Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended, and no such uses shall, in their aggregate coverage, occupy more than 10% of the roof area on which they are located. Any such proposed structure exceeding 100 feet in height, including receiving antennas and/or transmission towers, shall be permitted only by special permit issued by the Zoning Board of Appeals. In addition, no advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structure which extends above the roof limitations.
§ 205-27 Transition requirements for district boundaries.
A.
Where two districts abut on the same street between two intersecting streets and the front yard requirements of one district are less than those of the other district, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less-restricted district a front yard equal in depth to the average of the required depth in the two districts.
B.
Where the side or rear yard of a lot in a residential district abuts a side or rear yard of a lot in a nonresidential district, there shall be provided along abutting rear or side lot lines in the nonresidential district a transitional yard of 100 feet or a transitional yard of 50 feet, plus an opaque fence or evergreen plantings deemed sufficient by the Village Planning Board to screen views between districts. Such plantings and/or fences should be a minimum of five feet in height when installed. Any such fences, walls or plants shall be maintained in such condition to fully provide the visual screening of business uses from residential uses.
§ 205-28 Existing undersized lots.
A.
No building or dwelling shall be erected on a nonconforming lot when said owner owns a contiguous lot(s) and the total area of such lot(s) is equal to or greater than the minimum lot area required for that district with the exception of certain lots in R-1 and R-2 Zoning Districts as noted in § 205-28(B) below.
B.
Any lot in the R-1 or R-2 Zoning Districts held in single and separate ownership prior to the adoption of the zoning ordinance for the Village of Ballston Spa of October 25, 1966, or any amendment thereto, including this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements for that district, may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(1)
Such lot in the R-1 or R-2 Zoning Districts shall have a minimum area of 5,000 square feet and a minimum lot width of 50 feet at the setback line.
(2)
The following minimum yard dimensions must be maintained in the R-1 and R-2 Zoning Districts: side yards, eight feet; front and rear yards, 25 feet.
(3)
The lot must be in compliance with all other bulk requirements for that zoning district.
§ 205-29 Yards.
A.
Side yards for attached buildings. Side yards for semidetached houses or row houses shall be required at the ends of the total structure.
B.
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.
C.
Distance between principal buildings. Where two or more principal residential buildings are to be located on the same lot in District R-2, the exterior walls shall be separated from the nearest point on any adjacent building by a horizontal distance of a minimum of 30 feet.
D.
Encroachment in required yards. The space in any required yard shall be open and unobstructed except as follows:
(1)
Window sills, belt courses, eaves and other similar architectural features shall be permitted to project no more than three feet.
(2)
Awnings and canopies shall be permitted to project no more than six feet.
(3)
Open fire escapes shall be permitted to project a maximum of six feet into required side yards or courts but shall not project into required front yards or required open areas and shall not be placed on walls facing toward a street.
§ 205-30 Courts.
A.
Outer court. In addition to district limitations, an outer court shall have a minimum width of not less than 15 feet.
B.
Inner court. An inner or enclosed court shall have a minimum horizontal dimension that is not less than the height of the highest wall bounding such court and in no case less than 25 feet. Two open and unobstructed passageways, each at least eight feet high and 10 feet wide, shall be provided at ground level.
C.
Interior angles. Court walls containing windows shall not be permitted to join with other such walls at interior angles of less than 60°.
§ 205-31 Off-street parking.
A.
Off-street parking shall be required for all buildings constructed after the effective date of this chapter. Each off-street space shall consist of at least 162 square feet per car with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided. Minimum off-street parking requirements are specified in Schedule C.[1]
[1]
Editor's Note: Schedule C is located at the end of this chapter.
B.
For uses not specified in Schedule C,[2] the Zoning Board of Appeals shall, on appeal and after recommendation of the Planning Board, establish parking requirements consistent with those specified in Schedule C.
(1)
For any building having more than one use, parking space shall be required as provided for each use.
(2)
Floor areas, for the purposes of computing parking requirements, shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas used for storage.
(3)
Required parking spaces for residential uses shall be located on the same lot as the principal use.
(4)
Parking spaces required for other uses may be located within 400 feet of the principal use to which they are accessory, and such spaces shall conform to all regulations of the district in which they are located.
(5)
Where permitted, parking or storage of unregistered or inoperative road vehicles, other than recreational vehicles, for a period of more than seven days shall be in the rear yard only.
(6)
In no event shall any part of the parking lot areas, lawn or other required open space be used for the storage or abandonment of any articles or goods or the storage of trucks or trailers.
[2]
Editor's Note: Schedule C is located at the end of this chapter.
§ 205-32 Development and maintenance of off-street parking and loading areas.
A.
Except as otherwise noted below, for nonresidential uses there shall be one berth for 5,000 square feet to 15,000 square feet of floor area and one additional berth for each additional 25,000 square feet or fraction thereof. For wholesale establishments: one berth for each 10,000 square feet of floor area or fraction thereof.
B.
In the CBD and Commercial Districts, off-street parking areas where they exist may be used for loading or unloading, provided that no more than one space shall be used for each 2,000 square feet of usable floor area or any part thereof.
C.
The location, number, size and design of loading and unloading areas for nonresidential uses and the access ways thereto shall require the approval of the Planning Board of the Village of Ballston Spa prior to the issuance of a building permit or a certificate of occupancy by the Building Inspector.
D.
All off-street loading areas shall be located on the same lot as the use for which they are permitted or required.
E.
Each required loading berth may be open or enclosed and shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high. Open off-street loading areas shall not encroach on any required front or side yard, off-street parking area or accessway.
F.
Screening. Off-street parking or loading areas shall be screened from adjoining residential lots by walls, fences or hedges of sufficient height as determined by the Planning Board.
G.
Every parcel of land hereafter used as a public or private parking area or loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:
(1)
Minimum distances and setbacks. No off-street parking areas for more than five vehicles or off-street loading area shall be closer than 10 feet to any dwelling, school, hospital or any other institution for human care located on an adjoining lot. If the off-street parking area is located adjacent to a residential district, a minimum ten-foot paved area setback from the property line shall be required.
(2)
Surfacing. With the exception of properties used solely for residential dwellings, any off-street parking or loading area shall be surfaced with an asphaltic or portland cement binder pavement or similar durable and dustless surface which shall be so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for the orderly and safe loading, parking and storage of vehicles.
(3)
Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from the adjoining premises in any residential district.
(4)
Modification of requirements. The Zoning Board of Appeals may authorize, on appeal, a modification, reduction or waiver of the foregoing requirements if it should find that in the particular case appealed the peculiar nature of the use or the exceptional situation or condition justifies such action.
H.
The Planning Board of the Village of Ballston Spa shall approve the design of all parking areas under their authority outlined in Article VI of this chapter. To assist applicants in the layout of parking areas within generally acceptable practices. Schedule D[1] includes typical drawings that illustrate the geometric design of the lanes and stalls. These sketches are a guide which shall be used by the Planning Board during their review of the adequacy of parking areas within the Village of Ballston Spa.
[1]
Editor's Note: Schedule D is located at the end of this chapter.
§ 205-33 Accessways.
A.
Access to lots. A lot to be used for building purposes shall have lot frontage on a public street.
B.
Access to parking areas. Unobstructed and direct accessways between a street and a parking area shall be provided. There shall be a minimum of:
C.
Access to loading berths. Accessways at least 10 feet in width shall connect all loading berths or areas to a street. Such accessways may be coincidental with access roadways or driveways to parking areas.