Glens Falls City Zoning Code
ARTICLE I
General Provisions
§ 220-1 Short title.
This chapter shall be known and may be cited as the "City of Glens Falls, New York Zoning Law."
§ 220-2 Purposes.
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.
§ 220-3 Interpretation.
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.
§ 220-4 Definitions.
[Amended 7-23-2024 by L.L. No. 5-2024; 1-28-2025 by L.L. No. 1-2025]
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 commercial establishment where the principal products being sold are regulated by local, state and/or federal regulations that the sale and use of require the purchaser to be 21 years of age or older.
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 that offers at least one and not more than five rooms for transient occupancy, provides overnight lodging and breakfast, and does not maintain a public restaurant. The property owner or operator lives on-site. 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 guests, typically for periods of time more than 30 consecutive days.
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 short term rental where the property owner of a long-term resident is present on the premises during the rental period, offering one or more rooms for transient occupancy.
A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, typically operated with centralized management, daily housekeeping services, 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, typically featuring individual entrances to rooms directly from exterior.
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.
A dwelling or unit, or part thereof, that is rented for a period of less than 30 consecutive days to guests. Short-term rentals include both hosted and unhosted types of rental and are considered transient uses. See also "hosted short-term rental" and "unhosted short-term rental."
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 short-term rental where the property owner or a long-term resident is not present on the premises during the rental period, and the entire dwelling unit is rented for transient occupancy.
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.