Glens Falls City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 220-25 Architectural review regulations.
A.
Purpose and intent. The purpose and intent of these regulations is to protect the health, safety and general welfare of residents of the City of Glens Falls by ensuring that development covered by these regulations shall:
(1)
Have exterior designs and use exterior materials that are compatible and in harmony with other permitted uses and structures.
(2)
Develop landscaping plans that are compatible with the character of other existing buildings and uses.
(3)
Be discouraged from the use of incongruous, distorted or unnatural combinations or bizarre designs of buildings, color schemes or exterior materials.
B.
Appointment of Architectural Review Committee. An Architectural Review Committee is hereby designated, whose membership shall be constituted of the members of the Planning Board. If the membership of the Planning Board does not include an architect registered in the State of New York, one shall be appointed by the Mayor and the Chairman of the Planning Board to serve as a consultant to the Planning Board on all matters relating to architectural review.
C.
Designation of zoning districts in which development is subject to architectural review and approval. The regulations for each zoning district established under this chapter shall indicate which uses are subject to the architectural review regulations.
D.
Procedure.
(1)
An application for a building permit for any use or structure which is subject to the architectural review requirements shall be made to the enforcement officer with the following information:
(2)
The enforcement officer shall, within seven days of receiving such plans, submit them to the Architectural Review Committee.
(3)
No building permit shall be issued by the enforcement officer for any structure or use subject to architectural review unless approved by the Architectural Review Committee or unless the Architectural Review Committee shall have failed to render a written decision to the enforcement officer within 30 days of the submission of plans to such Committee.
E.
Architectural review considerations and decisions.
(1)
The Architectural Review Committee shall, within 30 days of receiving such plans, render a decision as to the acceptability of the plans based on the following considerations:
(a)
Harmony of exterior design with other properties in the architectural zone where similar uses are permitted.
(b)
Compatibility of exterior materials to be used with the exterior materials used on buildings in the architectural zone where similar uses are permitted.
(c)
Compatibility of the proposed landscaping.
(d)
Prevention of the use of incongruous, distorted or unnatural combinations or bizarre designs of buildings, color schemes or exterior materials.
(2)
The Architectural Review Committee shall, in its review, accept or reject the proposed plans. If the plans are rejected, the Architectural Review Committee shall indicate in its report the reasons for such rejection.
§ 220-26 Off-street parking and loading.
A.
Off-street parking required; exceptions.
(1)
In all districts, except for the area hereinafter described, there shall be provided, at the time any new building or structure is erected, off-street parking spaces open to the public for automobiles with the requirements set forth herein.
(2)
In the following described area of the Central Business District, residential and commercial users need not provide the minimum mandatory off-street parking spaces required: that area beginning at the Civil War Monument, thence northerly on Bay Street to the intersection of Maple Street; thence east on Maple Street to the intersection of Church Street; thence south on Church Street to the intersection of Warren Street; thence west on Warren Street to the intersection of Glen Street; thence generally, south on Glen Street to the intersection of Park Street; thence westerly on Park Street to the intersection of Elm Street: thence generally northwesterly on Elm Street to the intersection of South Street; thence generally north on South Street to the point of beginning, and also that area, bounded by Glen Street and Park Street and generally comprising the old Post Star building, Sawyers, the buildings along Park Street; along Park Street to the intersection of Elm Street and the rectangular square delineated.
(3)
In the following described area of the Central Business District, residential and commercial users need not provide the minimum mandatory off-street parking spaces required: Beginning at the boundary line of the parcel described in § 220-26A(2) above where such parcel intersects with the intersection of South Street and Elm Street on the northwest corner, and extending southwest along South Street a distance of approximately 66 feet to the southern property line of tax parcel 309.28-1-11; thence westerly along the property line of tax parcel 309.28-1-11 and tax parcel 309.28-1-13 a distance of approximately 169 feet, to the intersection of the westerly property line of tax parcel 309.28-1-13, also known as 36 Elm Street; thence northeasterly along the property line of tax parcel 309.28-1-13 to the intersection of Elm Street; thence southeasterly along the property line of tax parcel 309.28-1-13 (36 Elm Street) and tax parcel 309.28-1-12 (45 South Street) to the point of beginning, thus establishing a rectangular area which is joined to the existing area exempt from parking and loading restrictions.
[Added 12-8-2005 by L.L. No. 9-2005]
B.
Existing structures and uses. Structures and uses in existence, or for which building permits have been approved at the time of the adoption of this chapter, shall not be subject, to the parking or loading requirements of this article, provided that any parking or loading facilities then existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case, they shall not be reduced below such requirements. Required parking and loading facilities for the existing portion of such uses shall, however, be provided at the time of any enlargement of such existing structures or uses in the future.
C.
New and expanded uses. The plan for any new building of use or any expansion of an existing building or use, including any new or expanded parking facilities, when submitted for a permit, shall show the location, size and type of improvement for the off-street parking or loading space required to fully comply with this chapter and the means of access to such space from the public right-of-way. Except for one- and two-family dwellings, no permit shall be issued until such plan for parking and loading areas and access to them is approved by the Planning Board. The Planning Board shall determine that traffic is planned with regard to safety to traffic on the public street and safety and adequacy of access for cars and pedestrians using the parking facility. No certificate of occupancy shall be issued for any building or land use until the required off-street parking and loading space has been established or a variance has been granted therefrom by the Zoning Board of Appeals.
D.
General requirements. For the uses listed in the table entitled "Off-Street Parking Schedule,"[1] off-street parking shall be provided as required and subject to the following rules and requirements.
(1)
When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space. The demand for identical land uses on a site may be collectively calculated, but the demand for different land uses on a site must be independently calculated.
(2)
When parking spaces are required on the basis of the number of square feet of floor area, the gross floor area devoted to the use shall be used.
(3)
When parking spaces are required on the basis of the number of employees or staff, the maximum number present at any one time (greater than a thirty-minute period) shall govern.
(4)
For uses not expressly listed in the mandatory off-street parking table, parking spaces shall be provided on the same basis as required for the most similar use listed, or as determined by the Planning Board where site plan approval is required, or by the enforcement officer in all other instances.
(5)
In general, off-street parking shall be provided on the same lot or tax parcel as the principal use. The required off-street parking may be provided on a separate lot or tax parcel that is within 300 feet of the parcel with the principal use, provided the two lots are under the same ownership and there are covenants which tie the two lots together.
(6)
Alternative off-street parking standards to those below shall be accepted by the Planning Board if the applicant demonstrates that such standards better reflect local conditions.
E.
Design requirements.
(1)
Dimensions.
(a)
Each off-street parking space shall have the following minimum dimensions:
Parallel Parking | Perpendicular Parking | |
|---|---|---|
Width (feet) | 9 | 9 |
Length (feet) | 22 | 18 |
Height (feet) (if indoors) | 7 | 7 |
(b)
For parking spaces that are at various angles in relation to curbs or aisles, the lines demarcating such parking spaces shall be drawn to contain the same rectangular areas required by the above perpendicular parking standard.
(c)
Parking spaces for physically impaired persons shall be at least eight feet wide and shall have an adjacent aisle at least five feet wide. Two accessible parking spaces may share a common access aisle.
(2)
Parking area aisle widths shall conform to the following table which varies the width requirement according to the angle of parking:
Parking Angle | Aisle Width (Feet) | |
|---|---|---|
Degrees | One-Way Traffic | Two-Way Traffic |
0 | 13 | 19 |
30 | 11 | 20 |
45 | 13 | 21 |
60 | 18 | 23 |
90 | 22 | 24 |
(3)
For all off-street parking areas with more than five spaces, driveways shall not be less than 10 feet in width for one-way traffic and 22 feet in width for two-way traffic, except that ten-foot wide driveways are permissible for two-way traffic when the driveway is not longer than 50 feet; and it provides access to not more than 10 spaces; and sufficient turning space is provided so that vehicles need not back into a public street. Access drives to off-street parking areas shall occupy not more than 25% of the total lot frontage, except that in the case of lots with frontage in excess of 150 feet, the aggregate width of such drives shall not exceed 48 feet for each 300 feet or fraction thereof of lot frontage. Nothing in this section shall prevent any lot from providing an access drive regardless of the frontage of such lot.
(4)
Required off-street parking shall not be located within required yard areas in office, commercial, and industrial districts. The driveway and vehicle staging area for all drive-in facilities shall not be located within required yard areas of the district in which they are located.
(5)
Handicapped parking.
(a)
Accessible parking for physically impaired persons shall be provided in accordance with the following:
Total Parking Spaces in Lot or Garage | Number of Handicapped-Accessible Parking Spaces |
|---|---|
1 to 25 | 1 |
26 to 50 | 2 |
51 to 75 | 3 |
76 to 100 | 4 |
101 to 150 | 5 |
151 to 200 | 6 |
201 to 300 | 7 |
301 to 400 | 8 |
401 to 500 | 9 |
501 to 1,000 | 2% of total, |
Over 1,000 | Plus 1 for each 100 over 1,000 |
(b)
Each handicapped accessible parking space shall be marked with a vertical sign.
(6)
Except for unusual or unique circumstances, as determined by the Planning Board or the enforcement officer, all parking spaces will be constructed with asphalt concrete or other material that will provide equivalent protection against potholes, erosion and dust.
(7)
Parking spaces in areas surfaced in accordance with Subsection E(6), above shall be appropriately demarcated with painted lines or other markings.
(8)
All parking areas shall be adequately lighted.
(9)
In all parking areas of more than 15 spaces, landscaped areas amounting to 10% of the total paved area of the lot shall be provided. The landscaped area must be provided via islands wholly contained within the paved area.
(10)
A strip of land at least five feet in width shall be provided along the entire perimeter (exclusive of vehicular accessways) of an off-street parking facility constructed for more than five vehicles. Whenever any such strip abuts or is across the street from a residential use or residential district lot, a solid evergreen hedge at least five feet high shall be provided in the buffer strip.
(11)
All parking areas shall be adequately drained. All lots with more than five parking spaces shall have drainage connected to a public storm sewer, if such lot is within 500 feet of an available public storm sewer system.
F.
Off-street parking schedule. Off-street parking spaces shall be provided and maintained by the owner of the property as follows:
(1)
Residential uses:
Single-family dwelling | 2 spaces |
Two-family dwelling | 2 spaces |
Multifamily dwelling | 1.5 spaces per dwelling unit |
Boarding or rooming house; bed-and-breakfast, inn | 1 space per bedroom, plus required spaces for resident occupants of same and other dwelling units |
(2)
General uses:
Church, or other place of worship, meeting hall, membership club, auditorium, theater or other place of public seating assembly not otherwise specified | 1 space per 3 seats or 50 square feet of seating area where fixed seating is not provided |
School | 1 space per 12 classroom seats or the auditorium requirements as specified above, whichever is greater |
College/University | 0.5 spaces per full-time equivalent students in addition to fraternity and sorority requirements (1.5 spaces per 2 beds) |
Cultural facility (museum, library), art gallery or public/semipublic area | 1 space for each 300 square feet of gross floor area, plus 1 space for each employee |
Nursing home | 1 space for each 2 beds |
Restaurant and tavern | 1 space per 3 seats or 50 square feet of floor space available to patrons, whichever is greater, whether such seats or floor area are situated within an enclosed building or outdoor service area, plus 1 space per employee |
Health/Fitness club and dance studio | 1 space per 100 square feet of gross floor area, plus 1 space per 2 employees |
(3)
Accessory uses:
Home occupation | 1 space per 250 square feet of such use, if customers or clients routinely visit the use |
(4)
Business uses:
Funeral parlor | 1 space per 3 seats within public areas, plus 1 space per employee and business-related vehicle |
Medical clinic and related health service office | 5 spaces per professional, plus 1 space per employee |
General or other professional office | 1 space per 300 square feet of gross floor area, plus 1 space per employee |
Retail business, store or service shop | 1 space per 200 square feet of gross floor area, plus 1 space per employee |
Personal service establishment | 1 space per 200 square feet of floor area, plus 1 space per employee |
Hotel or motel | 1 space per bedroom, plus 10 per 1,000 square feet of gross floor area non-guest room area |
Research institution/facility | 1 space per 1,000 square feet of gross floor area |
Service station | 4 spaces per bay and work area |
Shopping center | |
Less than 490,000 square feet of gross floor area | 4 spaces per 1,000 square feet of gross floor area |
400,000 to 599,999 square feet of gross floor area | 4.5 spaces per 1,000 square feet of gross floor area |
600,000 or more square feet of gross floor area | 5 spaces per 1,000 square feet of gross floor area |
Automotive related use | 1 space per 200 square feet of sales floor area, plus 1 space per 600 square feet of service floor area, plus 1 space per company vehicle |
Financial institutions and banks | 1 space per 200 square feet of floor area for customers and 1 space per 2 employees |
Grocery store | 1.25 spaces per 200 square feet of gross floor area |
Convenience store | 1 space per 150 square feet of floor area for customers, plus 1 space per employee |
Hospital | 1 space per 2 beds, plus 1 space per 2 employees |
Publishing and printing establishment | 1.25 spaces per employee |
(5)
Recreational uses:
Indoor commercial recreational facility | 2 spaces per alley, table, court or similar measure |
Outdoor recreation areas | 1 space per 200 square feet of area within enclosed buildings, plus 1 space for every 3% that the outdoor facility is designed to accommodate when used to maximum capacity |
Park | To be determined by the Planning Board upon recognition of park's size and type |
(6)
Industrial uses:
Industry and manufacturing | 1 space per number of employees on largest shift, or 800 square feet gross floor area, whichever is greater, plus 1 space per company vehicle |
Warehouse | 1 space per 1,000 square feet of gross floor area, plus 1 space per employee |
(7)
Miscellaneous:
Day-care center | 1 space per 4 children (total children = amount of children per session) plus 1 space per employee |
Church/Place of worship | 1 space per 3 seats |
G.
Loading standards.
(1)
General facilities shall be provided as required for loading and unloading of trucks on the site of the use served. As a general requirement, all proposals for commercial, industrial and multifamily residential uses which will require servicing by trucks shall detail on the site plan the manner in which such servicing is to be provided, whether off-street provisions are required or not. Generally, where the only option for servicing is from a public right-of-way, the following principles should be followed:
(a)
Trucks should be parked for loading and unloading purposes on side streets or alleys when available.
(b)
Servicing should be provided from other than the principal entrance of the use or uses.
(c)
When not available, effort shall be made to provide interior loading areas or to schedule appropriate loading and delivery times.
(2)
Whenever possible, off-street loading berths, either open or closed, shall be provided as follows:
(a)
Business uses:
Office and retail uses | 1 berth per 5,000 to 25,000 square feet of gross floor area and 1 additional berth for each additional 25,000 square feet except where deliveries do not exceed 1 vehicle per day, no additional space will be required |
Hotel, motel | At least 1 berth per 30,000 square feet of gross floor area; none required if area is less than 10,000 square feet |
(b)
Industrial and one berth for the first 5,000 manufacturing square feet of gross floor uses area and one additional berth for each additional 75,000 square feet, unless truck deliveries do not exceed one vehicle per day, then no additional space will be required.
H.
Loading design standards.
(1)
Each required loading berth shall be at least 12 feet wide, 35 feet long and 14 feet high.
(2)
Unobstructed access, at least 12 feet wide, to and from a street, shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as permitted above.
(3)
Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments.
(4)
In general, off-street loading areas shall not be permitted in front of any principal building.
(5)
No area allocated to loading and unloading may be used to satisfy the area requirements for off-street parking, except for satisfying the requirements for company vehicles, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.
(6)
Except for unique or unusual circumstances as determined by the Planning Board or the enforcement officer, all off-street loading areas shall be graded and surfaced with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust.
(7)
All off-street loading areas shall be adequately drained and have adequate lighting.
I.
Parking in front of residences.
[Added 8-14-2007 by L.L. No. 8-2007]
(1)
In all single- and two-family residential Zoning Districts, parking of vehicles (including motor vehicles, boats, and/or trailers) is prohibited in front of the residence, and is allowed only in designated parking areas or in driveways served by a curb cut, or where there is no curb, served by a paved apron connecting to the street pavement. Locating a driveway in front of a residence is also prohibited.
(2) IN FRONT RESIDENCE
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
That area between the wall of the residence and the property line adjacent to the street which that wall faces, and further bounded by imaginary lines extending from the corners at the ends of that wall perpendicular to the said property line. For residences on corner lots, the parking ban applies to the two areas formed as described above between the walls of the residence and the property lines at each street forming the corner, and the area of the property in between those two areas.
A residential building, or any other principal building if the property is not a residential use.
(3)
Exceptions:
(a)
Temporary parking in front of the residence shall be allowed for purposes of loading or unloading or access for handicapped persons.
(b)
For purposes of this subsection, attached garages and breezeways are not considered part of the principal structure (the residence), and the prohibition of parking shall not apply to the area in front of an attached garage or breezeway.
(c)
For residences with large enough front setback, it shall be allowed for a driveway to pass in front of the residence if the part of the driveway in front of the residence is located such that it is set back at least as far as the minimum required front yard (setback), or if adequate screening is provided to preclude it being an eyesore, and if it is subjected to site plan review and approved by the Planning Board with particular attention to lighting and landscaping.
(d)
Preexisting driveways and parking spaces.
§ 220-27 Site plan review and approval.
A.
Purpose and intent.
(1)
The extensive prior development, mixed-use character and limited area of the City of Glens Falls necessitates careful review of new uses and development to mitigate the impact on neighboring properties, traffic, resources and the general welfare of the City and its citizens.
(2)
The purpose and intent of site plan review and approval is to accomplish that review to the extent necessary to protect the general interests of the City.
B.
Procedures.
(1)
General. Before commencing any land use activity that is not otherwise exempt from the provisions of this chapter, the owner of the property where the activity is proposed to take place, or a person authorized in writing to act for such owner, shall, in accordance with the provisions stated herein, submit a site plan application with appropriate supporting data to the Planning Board for review.
(2)
Sketch plan. An informal conference between applicant and the Planning Board is strongly encouraged prior to submission of a site plan application to review the proposed development in light of existing conditions and to generally determine the information to be required in the site plan. At the conference, the applicant shall provide either a verbal or written statement and a rough sketch describing what is proposed, together with a tax map, or equivalent, showing the location of the building site and its relationship to the surrounding area.
(3)
Initial review. At the sketch plan conference, the Planning Board will determine if the proposal is in conformity to the Master Plan and, to the extent feasible, shall provide the applicant with an indication of whether the proposal, in its rough concept, is acceptable or should be modified before expenditures for more detailed planning are made. The Planning Board shall also review with the applicant submission requirements to determine what specific information is to be presented with the site plan.
(4)
Application for site plan approval. To apply for site plan approval, an applicant shall complete a site plan application form and file it with the Planning Board, together with the site plans.
(5)
Site plan submission requirements. The site plan submitted for approval and supporting documentation is to include but not be limited to all of the following information:
(a)
Existing features and location map.
[1]
Title of site plan, including name and address of applicant, the property owner and person responsible for preparing such drawing.
[2]
North arrow, scale and date.
[3]
Boundaries of property plotted to scale.
[4]
Location, size, approximate height and existing use of buildings and other structures on premises.
[5]
Location and ownership identification of all adjacent lands, including across roadways.
[6]
Location, name and width of existing adjacent roads.
[7]
Location, width and identification of all existing and proposed rights-of-way, easements, setbacks, reservations and areas dedicated to public use on or adjoining the property.
[8]
Location of steep slopes, wetlands, flood-and erosion-prone areas, watercourses, and natural drainage patterns.
(b)
Development plan map.
[1]
Grading and drainage plan, showing existing and proposed contours and watercourses.
[2]
Locations, type of construction and exterior dimensions of all buildings and other structures.
[3]
Identification of the amount of gross floor area proposed for retail sales and services, offices and other commercial or industrial facilities. For any project with residential uses, the following information must also be provided: the total number of apartments or housing units, the number of bedrooms in each living unit and the total floor area for each living unit.
[4]
Location, type of construction and dimensions of all parking and truck loading areas, showing access and egress points to the site.
[5]
Provision for pedestrian access, including public and private sidewalks, if applicable.
[6]
Location and intended use of outdoor storage, if any.
[7]
Location and construction materials of all existing or proposed site improvements, including drains, culverts, berms, retaining walls and fences.
[8]
Description of the method of sewage disposal and the location of such facilities.
[9]
Location of waste storage containers, including proposed solid waste and hazardous waste collection, storage and staging areas.
[10]
Description of the method of securing water, location of such facilities and approximate quantity of water required.
[11]
Location of fire lanes and other emergency zones, including the location of fire hydrants, if required.
[12]
Location, design and construction materials of all energy generation and distribution facilities, including electrical, gas, hydro and solar energy.
[13]
Location, size, design and type of all proposed temporary and permanent signs.
[14]
Location and development of all proposed buffer areas, including indication of existing and proposed vegetative cover.
[15]
Location and design of existing and proposed outdoor lighting, including height, type, bulb type/style and hours of operation.
[16]
Proposed screening and buffer areas, with the planting and general landscaping schedule.
[17]
Record of applications and approval status of all necessary permits from federal, state, county and local offices.
[18]
Estimated project construction schedule.
[19]
Other elements integral to the proposed development as may be specified by the Planning Board at the sketch plan conference.
[20]
Elevations and/or cross-sections of proposed buildings, including color and finish materials.
(c)
In addition to the above list, the applicant shall prepare and file with the site plan application the New York State short environmental assessment form to allow the Planning Board to determine the applicability of the State Environmental Quality Review Act (SEQRA). For Type I SEQRA actions, which are those that may have a significant effect on the environment, and all other actions not listed as Type II SEQRA actions (unlisted actions), the Planning Board shall then initiate the review process required by SEQRA. Type II actions are not subject to review under SEQRA.
(d)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of §§ 220-51 through 220-58 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards the aforementioned sections. The approved site plan shall be consistent with the provisions of the City Code.
[Added 8-28-2007 by L.L. No. 9-2007]
(6)
Less intensive review. The Planning Board may elect to conduct a less intensive review for minor types of projects that do not generate a significant amount of traffic and/or that have little or no adverse impacts to neighboring properties and uses. Certain submission requirements for such proposed uses may be waived by majority vote, where warranted. The Planning Board must state in writing its findings for waiving certain submission requirements and file such statement along with the site plan application and supporting documents.
(7)
Specifications of materials submitted.
(a)
Site map. This shall be drawn at a scale of one inch equals 100 feet or larger and shall show existing topography at contour intervals of not more than five feet. This map shall show the site area and any pertinent natural features that may affect the proposed use such as watercourses, wetlands, wooded areas, areas subject to flooding, etc.
(b)
Development plan. This is a detailed plan for the proposed development, drawn to a scale of one inch equals 100 feet or larger. The site development plan illustrates the location of all existing or proposed site improvements, including drains, culverts, retaining walls, fences and landscaping; provides a description or shows the location of proposed buffer areas; the design of lighting facilities and signs; all automobile parking and all parking for commercial vehicles while loading and unloading; and the location and width of all driveways, exits and entrances.
(c)
Elevations and/or cross-sections. Elevations and/or cross-sections, illustrating, front, rear and side profiles drawn to the same or larger scale as the site development plan, may be required by the Planning Board. The elevations and/or cross-sections shall clearly delineate dimensions of all buildings and other permanent structures included in the proposal, including the dimensions and height of lighting facilities and signs.
(d)
Engineering plans. The Planning Board may require, as appropriate, engineering plans prepared by a licensed professional engineer to illustrate and describe such development aspects as road improvements, drainage systems, grading plan, public or private utility systems, sewer and water facilities and such other supporting data as may be necessary.
(8)
Acceptance of site plan application. The Planning Board shall, within 45 days of a site plan application being filed with the Planning Board, determine whether to accept the application as complete and begin the review process, or to reject the application as incomplete. Incomplete applications shall be returned to the applicant with a letter stating the application deficiencies.
(9)
Segmentation. The site plan application and associated maps shall include all proposed phases of development. Site plan approval shall be based on the total planned project in order to facilitate the assessment of all potential development impacts. The Planning Board shall consider applications incomplete where there is reason to believe the application applies to only a segment of the total planned development. In such situations, the Planning Board shall return such application to the applicant, together with a letter stating the basis for its determination.
(10)
Referral to other agencies and boards. Coordinated review. The Planning Board may refer the site plan for review and comment to local and county officials or their designated consultants, and to representatives of federal, state and county agencies, including but not limited to the Soil Conservation Service, the New York State Department of Transportation, the State Department of Environmental Conservation and the State Department of Health.
(11)
SEQRA compliance. The applicant shall demonstrate compliance with SEQRA prior to site plan approval.
(12)
Review of site plan. The Planning Board's review of the site plan shall include, as appropriate, but is not limited to, the following general considerations:
(a)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(b)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(c)
Location, arrangement, appearance and sufficiency of off-street parking and loading.
(d)
Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections, with vehicular traffic and overall pedestrian convenience.
(e)
Adequacy of stormwater and drainage facilities.
(f)
Adequacy of water supply and sewage disposal facilities.
(g)
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
(h)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(i)
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(j)
In reviewing any site plan for any property, any part of which is within 300 feet of the property line of the State of New York along the Feeder Canal, or of any public park adjoining the Canal, the Planning Board may take into consideration the preservation of the natural, scenic and historic values of the Feeder Canal, and the preservation of any forests, wetlands and other greenspace along the Canal, and the prevention of erosion of slopes and sedimentation, and the encouragement of compatible land uses along the Canal.
(13)
Public hearing on site plan.
(a)
Scheduling and notification.
[1]
The Planning Board shall schedule, advertise and conduct a public hearing on the application for site plan review and approval within 45 days of receipt of an official application, in accordance with this chapter and the General City Law. The Board shall have published a notice of each such hearing in a newspaper of general circulation in the City of Glens Falls at least seven days prior to such hearing.
[2]
In addition, if the Board deems it desirable, insofar as practicable, at least seven days prior to such public hearing, the Board shall have sent, by regular mail, the notice of such hearing and an explanation of the site plan approval to all owners of property abutting the property lines of the subject property, including corners of the subject property, and to owners of all properties directly across the street or public right-of-way from the subject property as determined by perpendicular projection of lines from the ends of the property line abutting the street or public right-of-way. Failure of the Board to mail or of the owner to receive such notices shall not constitute improper or insufficient legal notice.
(b)
Findings and conclusions. Within 45 days following the public hearing, or longer period as agreed by the applicant and the Board, the Planning Board shall render its decision by either granting approval of the proposed site plan, granting it subject to conditions or denying approval, and shall make written findings of fact and conclusions concerning the subject matter of the hearing, including the reasons for granting or denial of the site plan. Failure of the Board to act within 45 days, or longer period as agreed by the applicant and the Board, after receiving all requested information shall constitute approval of the site plan as applied for. Within 10 days of such decision, the Building Inspector shall mail notice of such decision to all parties entitled thereto.
(c)
Reporting and filing of decisions. The official and final decision of the Planning Board shall be by written resolution, which shall contain a full record of the findings of the Board in the particular case and which shall be filed in the office of the City Clerk and signed by the Chairman of the Board, together with all pertinent documents.
(d)
Rehearing and reversal. When there is a change in circumstances or new information with respect to a particular site plan application, upon motion initiated by any member and adopted by not less than a majority of all members, the Planning Board may vote to give notice and hold one rehearing to review any order, decision or determination previously made with respect to that application. After such rehearing, the Board, upon the concurring vote of all members present, and provided that it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision or determination reviewed will not be subject to prejudice thereby, may reverse, modify or annul its original order, decision or determination.
(14)
Time limits. Approval of the proposed project shall be automatically revoked if the project is not started within two years from the date of approval.
(15)
Extension of time to render decision. The time period during which the Planning Board must render a decision may be extended by the mutual consent of the applicant and the Planning Board.
§ 220-28 Sedimentation and erosion control.
In order to prevent accelerated erosion and resulting sedimentation, land disturbance activities shall be conducted in conformance with the following:
A.
Site preparation and construction, general.
(1)
Excavation, filling, grading and stripping shall be permitted to be undertaken only in such locations and in such a manner so as to minimize the potential of erosion and sediment, and so as to minimize any threat to the health, safety and welfare of neighboring property owners and the general public.
(2)
Site preparation and construction shall be fitted to the vegetation, topography and other natural features of the site and shall preserve as many of these features as possible.
(3)
Earthmoving, stripping of vegetation and the addition of fill shall be minimized where possible to preserve natural features and the topography of the site. Stripping vegetation, regrading or other development shall be done in a way to minimize erosion.
(4)
Erosion and sedimentation devices such as temporary vegetation/mulch, temporary swales, temporary detention basins, diversion terraces, rock filter berms, stabilized construction entrance, velocity dissipater, staked hay bales or silt fences (in areas of minimum flows), appropriate to the scale of operations shall be installed concurrent with earthmoving activities and whenever a situation is created which would contribute to increased erosion.
(5)
Land disturbance shall be limited to the actual construction site and an access strip. The amount of disturbed area and the duration of the exposure shall be kept to the smallest practical area and time.
(6)
Site preparation and construction shall not adversely affect the free flow of water by encroaching on, blocking or restricting watercourses, except as permitted by approved detention systems.
(7)
Prior to, during and after site preparation and construction, an integrated drainage system shall be provided which at all times minimizes erosion, sediment, hazards of slope, instability and adverse effects on neighboring property owners.
B.
Protection of adjacent properties.
(1)
Properties adjacent to the project site shall be protected from sediment deposition. This may be accomplished by preserving a well-vegetated buffer strip around the lower perimeter of the site, by installing perimeter controls such as sediment barriers, filters, dikes, interceptor drains, or sediment basins or by a combination of such measures.
(2)
Vegetated buffer strips may not be used alone except where only runoff in sheet flow is expected. Buffer strips should be at least 20 feet in width. If, at any time, it is found by the City Engineer that a vegetated buffer strip alone is ineffective in preventing sediment movement onto adjacent property, additional perimeter controls must be provided by the developer or the owner of the property within a time period as specified by the City Engineer.
C.
Cut-and-fill slopes.
(1)
Development shall reflect the topography and soils of the site so as to create the least potential for erosion. Areas of steep slopes where high cuts and fills may be required shall be avoided whenever possible. Unless protected by a retaining wall, a slope must be no steeper than the angle of repose of the soil type affected.
(2)
In the design of cut-and-fill slopes, consideration must be given to the length and steepness of the slope, the soil type, up-slope drainage area, groundwater conditions and other applicable factors. Slopes which in the judgment of the City Engineer are found to be eroding excessively within one year of construction must be provided with additional stabilizing measures until the problem is corrected.
D.
Fill.
(1)
All fill material shall be of a composition suitable for its ultimate use as fill, free of rubbish and restricted in its content of brush, stumps, tree, debris, rocks, frozen material and soft or easily compressed material.
(2)
Fill material shall be compacted sufficiently to prevent problems of erosion, and where the material is to support structures, it shall be compacted to a minimum of 90% of standard density with proper moisture control.
(3)
Fill shall not encroach on natural watercourses or constructed channels.
E.
Drainage system.
(1)
The natural drainage system shall generally be preserved in preference to modifications of this system, excepting where such modifications are necessary to reduce levels of erosion and sediment and adverse effects on neighboring properties.
(2)
All drainage systems shall be designed to adequately handle anticipated flows both within the site and from the entire upstream drainage basin.
(3)
Sufficient grades and drainage facilities shall be provided to prevent the ponding of water, unless such ponding is proposed within the project plans, in which event there shall be sufficient water flow to maintain proposed water levels and to avoid stagnation.
(4)
Drainage systems, planting and other erosion or sediment control devices shall be maintained as necessary to provide adequate protection against erosion and sediment and to ensure that the free flow of water is not obstructed by the accumulation of silt, debris or other material, or by structural damage.
F.
Vegetation.
(1)
Natural vegetation shall be retained and protected wherever possible.
(2)
Where slopes are to be revegetated in areas exposed by site preparation, the slopes shall not be of such steepness that vegetation cannot be readily established or that problems of erosion or sediment may result.
(3)
The developer shall restore vegetative cover in disturbed areas as directed.
(4)
The permanent (final) vegetation and mechanical erosion control measures shall be installed as soon as practicable, but in no event after the time specified on the approved erosion and sediment control plan.
(5)
Permanent vegetation shall not be considered established until a ground cover is achieved which, in the opinion of the City Engineer, is mature enough to control the soil erosion satisfactorily and to survive severe weather conditions.
G.
Stabilization of denuded areas and soil stockpiles. Permanent or temporary soil stabilization must be applied to denuded areas within 15 days after final grade is reached on any portion of site. Soil stabilization must also be applied within 15 days to denuded areas which may not be at final grade but will remain dormant (undisturbed for longer than 60 days).
H.
Sediment basins. Sediment basins, debris, basins, desilting basins, silt traps or filters shall be installed and maintained to remove sediment from runoff waters from land undergoing development.
I.
Timing and stabilization of sediment trapping measures. Sediment basins and traps, perimeter dikes, sediment barriers and other measures intended to trap sediment on-site must be constructed as a first step in grading and must be made functional before any up-slope land-disturbing activity takes place. Earthen structures such as dams, dikes and diversions must be seeded and mulched within 15 days of installation.
J.
Stabilization of waterways and outlets.
(1)
All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a ten-year-frequency storm without erosion. Stabilization adequate to prevent erosion must also be provided at the outlets of all pipes and paved channels.
(2)
Where in-channel work is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion. The channel (including bed and banks) must be restabilized immediately after in-channel work is completed.
K.
Storm sewer inlet protection. All storm sewer inlets which are made operable during construction shall be protected so that sediment-laden water will not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
L.
Underground utility construction.
(1)
The construction of underground utility lines involving installation, maintenance or repair which disturbs more than 10,000 square feet shall be subject to the following criteria:
(a)
No more than 500 feet of trench are to be opened at one time.
(b)
Where consistent with safety and space considerations, excavated material is to be placed on the uphill side of trenches.
(c)
Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems or off-site property.
(2)
Individual service connections, telephone and electric lines and underground public utility lines under existing hard-surfaced roads, streets or sidewalks (provided such land-disturbing activity is confined to the area which is hard-surfaced) are exempt from the above requirements.
M.
Construction of access routes. Wherever construction vehicle access routes intersect paved public roads, provisions must be made to minimize the transport of sediment (mud) by runoff or vehicle tracking onto the paved surfaces. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and transporting of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation.
N.
Disposition of temporary measures. All temporary erosion and sediment control measures shall be disposed of within 30 days after final site stabilization is achieved, unless otherwise authorized by the City Engineer. Trapped sediment and other disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent erosion and sedimentation.
O.
Maintenance. All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure continued performance of their intended functions.
§ 220-29 Home occupations.
A.
Purpose and intent. The purpose and intent of these regulations is to limit and restrict home occupations so that such uses do not adversely impact the character of the predominant uses permitted in the zoning district within which the home occupations are situated.
B.
Site plan review and approval. All home occupations require site plan review and approval.
C.
Regulations and restrictions.
(1)
Home occupations shall be incidental to the principal permitted use.
(2)
There shall be no exterior indication of the home occupation or any variation from the residential appearance of the principal building.
(3)
The occupation shall be carried on wholly within the principal building.
(4)
In the activity, not more than 1/2 the floor area of any one story or cellar shall be used.
(5)
In the conduct of said activity, no more than one person outside the family shall be employed.
(6)
In the conduct of such activity, there shall not be any exterior storage of materials or equipment.
§ 220-30 Nonconforming uses.
[Amended 8-4-2005 by L.L. No. 7-2005; 1-28-2025 by L.L. No. 1-2025]
The following provisions shall apply to all nonconforming or noncomplying uses, buildings and structures existing on the effective date of this chapter, to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all complying buildings housing nonconforming uses:
A.
Existing nonconforming uses.
(1)
Any lawful nonconforming use of buildings or open land in existence on the effective date of this chapter may be continued indefinitely if maintained in accordance with all applicable codes, ordinances, regulations and other requirements, but:
(a)
Shall not be enlarged, altered, extended, reconstructed or restored, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be substantially increased by any means whatsoever;
(b)
Shall not be moved to another location where such use would be nonconforming;
(c)
Shall not be changed to another nonconforming use; and
(d)
Shall not be reestablished if such use has been discontinued for any reason, whether through vacancy or cessation of use, for a period of one calendar year or longer, or has been changed to or replaced by a conforming use. The intent to resume a nonconforming use shall not be deemed as conferring the right to do so.
(e)
All short-term rentals that were legally operating and registered with Warren County prior to the adoption of new zoning regulations that prohibit their use in specific districts may continue as preexisting nonconforming uses, provided they comply with the following conditions:
[1]
Certificate of preexisting nonconformity. Short-term rental operators shall apply for a certificate of preexisting nonconformity within six months of the enactment of the new regulations.
[2]
Nontransferability. The nonconforming status of short-term rentals shall not be transferable. Upon the sale or transfer of the property, the short-term rental use shall cease, and the property must conform to the updated zoning regulations.
[3]
Annual renewal and inspections. Short-term rental operators shall renew their certificate annually, which will be contingent on compliance inspections for safety, noise, parking and other applicable regulations.
[4]
Revocation of nonconforming status. The certificate of preexisting nonconformity may be revoked if the short-term rental accrues three documented violations of local or state laws or ordinances, such as noise violations or over-occupancy, within a two-year period.
[5]
Sunset clause. All preexisting nonforming short-term rentals must cease operations after a period of three years from the effective date of this section, after which the property must comply with current zoning regulations.
(2)
While a nonconforming use may be extended, nothing contained herein shall prohibit the extension of a lawful use to any portion of a noncomplying building or structure which existed prior to the effective date of this chapter. No nonconforming use shall, however, be extended to displace a presently conforming use.
B.
Nonconforming buildings. Normal repair and maintenance of a noncomplying building, or structural alteration of, or expansion of a noncomplying building or structure declared unsafe by the Building Inspector or other proper authority, may be restored to a proper condition within the time period provided by such authority.
C.
Restoration after damage. Nothing contained in this article shall be deemed to prevent the restoration of a lawful nonconforming building or use after damage, provided that the following conditions are complied with: the building, height and areas shall not be in excess of that which existed prior to the damage, and that the building be restored with the design and materials similar to the building as it existed prior to the damage, and all applicable New York State Uniform Fire Prevention and Building Code provisions be fully complied with, and the restoration be commenced within 12 months of the damage or within 12 months of the termination of insurance settlement litigation, whichever is later, and be fully completed within three calendar years of such occurrence or settlement, or the use of such buildings or lands as a legal nonconforming use shall thereafter be terminated.
D.
Completion. Nothing in this article shall prohibit the completion of any lawful structure for which the excavation has been prepared and the foundation walls constructed at the date this chapter takes effect; provided, however, that the construction must be completed within a period of one year from that date.
§ 220-31 Principal buildings per lot.
There shall be only one principal building per lot in residential districts, except that multifamily residential complexes are permitted with more than one principal building per lot.
§ 220-32 Existing undersized lots.
Any lot held in single and separate ownership prior to the adoption of this chapter, whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for the district, is 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 5,000 square feet and a minimum width of at least 50 feet.
C.
All other requirements for that district are complied with.
§ 220-33 Special lot, frontage and yard requirements.
A.
Corner lots. On a corner lot, each side which abuts a street shall be deemed a front lot line, and the required yard along each such lot line shall be a required front yard. The owner shall decide which of the remaining yards shall be the required side yard and the required rear yard.
B.
Side yards for attached buildings. Side yards for semidetached houses or row houses shall be required at the ends of the total structure.
C.
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.
D.
Distance between principal buildings. If two or more principal residential buildings are located on the same lot, one building's exterior walls containing windows shall be separated from the nearest point on any adjacent building by a horizontal distance, perpendicular to the wall with windows, equal to at least twice the width of the required side yard for the particular district in which the buildings are located.
§ 220-34 Obstructions at street intersections.
No fence, shrub, tree, planting or any structure, including fences, which is higher than three feet above gutter grade or which obstructs the view of motorists or creates other traffic hazards shall be constructed within 50 feet of intersecting street lines.
§ 220-35 Swimming pool regulations.
§ 220-36 Height exceptions.
The height limitations of this chapter, as enumerated in each district, shall not apply to the following structures: church spires, belfries, cupolas, domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level, parapet wall or cornice for ornament, extending above such height limit not more than five feet; radio, or television receiving antenna, or a public utility transmission tower or cable. No such uses shall in their aggregate coverage occupy more than 20% of the roof area on which located.
§ 220-37 Motor vehicles.
A.
Unregistered motor vehicles. No person, owner, operator, occupant, firm or corporation may store, deposit or cause or permit to be stored or deposited an unregistered motor vehicle for a period greater than six months in any premises of the City of Glens Falls, except that unregistered motor vehicles shall be permitted on the premises of any licensed automobile dealer, garage, repair on service station.
[Amended 8-13-2019 by Res. No. 355]
B.
Abandoned or inoperable motor vehicles. No motor vehicle, automobile, automobile trailer or other vehicle shall remain outside, upon any property within the City when such vehicle has been so dismantled on parts removed therefrom or otherwise abandoned so that such vehicle may be incapable of operation or use, for a period of 30 continuous days, except that travel trailers not used for dwelling purposes may be stored in rear yards when not in use.
§ 220-38 Cemeteries and crematories.
No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except when a dense evergreen hedge or a wall on fence at least six feet in height, providing complete visual screening from all adjacent residential property, is provided. Burial or memorial plats of less than six feet in height may be located no closer than 20 feet to any residential lot line. Crematories shall be located only in cemeteries.
§ 220-39 Prohibited uses and activities.
A.
House trailers, house trailer parks, mobile homes and mobile home parks. House trailers, house trailer parks, mobile homes and mobile home parks are specifically prohibited in all districts.
B.
Junkyards. Junkyards are specifically prohibited in all districts.
C.
Dumping. Dumping of refuse or waste material is prohibited in all districts.
§ 220-40 Short-term rental permits.
A.
Permit requirement.
(1)
The ability to obtain a short-term residential rental permit is a privilege and not a right. Residential property owners may use their dwellings for short-term rentals (defined as 30 days or less) only after applying for and obtaining a short-term rental permit from the Building and Codes Department of the City of Glens Falls, with a fee identified in the Fee Schedule maintained by the City Clerk's office. Residential property owners who wish to rent their dwellings for periods longer than one month may do so without a short-term rental permit. The permit must be renewed on an annual basis, with renewals due by June 1 of each calendar year. Late renewals past June 1 will incur a fee double the standard renewal cost as stated in the Fee Schedule maintained by the City Clerk's Office.
(3)
All short-term rentals must also adhere to relevant building and safety standards as required by the Code Enforcement Office, including but not limited to obtaining necessary certificates of occupancy or compliance and passing required safety inspections.
B.
Owner responsibilities.
(1)
The owner of the rental property is responsible for ensuring the health, safety, and welfare of the renters by complying with all applicable fire prevention, building, and sanitary codes, as well as the Glens Falls Zoning Code.
(2)
The owner assumes responsibility for the conduct of tenants to protect the health, safety, and welfare of surrounding property owners and maintain neighborhood property values.
C.
Property requirements.
(1)
General requirements.
(a)
Adequate parking, garbage facilities, occupancy limits, and a local emergency contact must be provided as determined by the Code Enforcement Officer (CEO). If the CEO determines that any of these requirements are not adequately addressed, site plan review may be required.
(2)
Specific requirements.
(a)
Smoke detectors. Each rental dwelling must be equipped with functioning smoke detectors and carbon monoxide monitors in compliance with the New York State Uniform Fire Prevention and Building Code.
(b)
Occupancy limits. Occupancy limits will be based on the number of bedrooms and/or the square footage of livable space, as determined by a property maintenance inspection by the Warren County or Glens Falls Building Codes and Fire Prevention Office.
(c)
Parking. A minimum of two parking spaces is required, except for short-term rentals located in the Central Commercial District, plus one additional space for every four allowable renters.
D.
Operational permit and documentation.
(1)
The short-term rental permit must be displayed at the rental property. The permit must include information on emergency contact persons, trash disposal procedures, occupancy limits, and any other use restrictions.
(2)
Initial and subsequent safety inspections are required to ensure compliance with building and fire codes, as administered by the Code Enforcement Office.
G.
Enforcement and permit revocation.
(1)
Upon finding a violation, the Code Enforcement Officer will issue a notice to correct the issue within 24 hours. Failure to comply may result in permit revocation. A permit may also be revoked after three violations within a two-year period.
(2)
The decision to revoke a permit will be made by the Code Enforcement Officer, to ensure operational issues are managed separately from land use variances.
H.
Penalties for noncompliance.
(1)
Violations of this section will result in fines not exceeding $1,000 per offense, and each day of continued noncompliance will constitute a separate offense. Repeat violations may lead to revocation of the STR permit and disqualification from future permit applications.
§ 220-41 Attachments.
The attachments contained in this chapter are hereby made part of this chapter and shall be deemed as applicable as hereinafter provided for.[1]