Fort Edward Village
City Zoning Code
City Zoning Code
ARTICLE V
Supplemental Regulations
The following supplemental regulations apply in all districts, in addition to any regulations that may be included in such districts.
§350-5-1 Solar energy systems.
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.
§350-5-2 Number of residential structures permitted.
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.
§350-5-3 Corner lots.
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.
§350-5-4 Frontage.
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.
§350-5-5 Temporary placement of mobile homes.
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.
§350-5-6 Travel trailers.
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.
§350-5-7 Off-street parking.
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.
§350-5-8 Off-street loading.
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.
§350-5-9 Signs.
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.
(3)
Off-premises advertising signs [as distinguished from directional signs; see Subsection A(4) below].
(4)
Any sign not specifically permitted in Subsection B below.
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.
§350-5-10 Junk.
No junk, as defined herein, shall be kept out of doors.
§350-5-11 Animals.
Fowl, hogs, cows, horses, goats or other farm animals shall not be kept within 500 feet of an adjoining property line.
§350-5-12 Traffic hazards; sight lines.
Structures, vehicles, fences, hedges, trees, shrubbery and other material shall not constitute a traffic hazard nor obscure the line-of-sight of traffic.
§350-5-13 Satellite dishes.
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.
§350-5-14 Corner visibility.
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.
§350-5-15 Fences and hedges.
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.
§350-5-16 Storage containers.
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.
§350-5-17 Junkyards.
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.
§350-5-18 Manufacture of hazardous chemicals.
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.
§350-5-19 Sidewalks.
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.