Gloversville City Zoning Code
ARTICLE VII
Lot and Building Requirements
§ 300-29 Schedule A.
The regulations appearing in Schedule A may be modified by the Planning Board during the site plan or special permit review process as needed.
§ 300-30 Additional area regulations.
[Amended 2-25-2025 by Ord. No. 02-2025]
Lots of less than required dimensions.
Any lot with an area or a width less than that required in the district in which said lot is located may be used for any purpose permitted in the district, provided that all other regulations prescribed for the district shall be complied with, and further provided that said lot was held under separate ownership at the time of the adoption of this chapter and the owner thereof owned no adjoining land that could be combined with said lot to meet the dimension requirements.
In the event that compliance with the yard and coverage requirements of the district would result in a residential structure of less width than 24 feet, the Board of Appeals shall determine and fix yard and coverage requirements for said lot to permit its reasonable utilization for a permitted use.
Reduction of lot area. No lot area shall be reduced below the district requirements of this chapter.
Corner lot. All corner lots in every district shall provide a front and rear yard which is designated by the owner in his application for a zoning permit. A side yard along a street shall be a minimum of 15 feet. Nothing in this regulation shall be so interpreted as to reduce the building width of a corner lot, facing an intersecting street and of record at the time of the passage of this chapter, to less than 24 feet.
Visibility at street corners. On a corner lot in any district where a front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained so as to obstruct the visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 20 feet distant from the point of intersection, measured along said lines.
Front yard exceptions. The front yard of all buildings and structures hereafter constructed within a residence district shall be not less than the average front yard of all buildings in the block for a distance of 300 feet on each side of such building. An adjacent vacant lot shall be considered as having the minimum front yard required in the district for the purpose of computing such average front yard.
Transition yard requirement.
Where two districts abut on the same street between two intersecting streets and where the front yard requirements of the less restricted district are less than those of the more restricted district, there shall be provided for buildings hereafter constructed or structurally altered within a distance of 50 feet from the district boundary line in the less restricted district a front yard equal in depth to that of the less restricted district requirement plus 1/2 the difference between the front yard requirements of the less restricted district and the more restricted district.
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted district, there shall be provided along such abutting line or lines a side or rear yard equal in depth to that required in the district or in the more restricted district, whichever is greater.
Projecting architectural features, terraces, porches and fire escapes.
The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yards.
A deck or paved terrace shall not be considered as part of a building in the determination of yard sizes or lot coverage, provided that such deck, porch or paved terrace is unroofed and without walls, parapets or other form of enclosure exceeding six feet in height.
In determining the percentage of building coverage or the size of yards for the purpose of this chapter, enclosed porches, or porches open at the side but roofed, shall be considered part of the building.
An open stairway or fire escape may extend into any required yard not more than six feet; provided that such fire escape shall not be closer than four feet at any point to any lot line.
Unenclosed entrance steps or stairways providing access to the first story of a building may extend into any required yard a distance not to exceed six feet.
Pools. A pool shall not be considered an accessory structure, but shall be considered accessory equipment and shall only be placed in side or rear lots. A pool shall maintain a five-foot setback from side and rear property lines and, in the case of a corner lot, shall be placed no closer to the side property than the principal building would be allowed in that particular district. A pool shall also maintain a five-foot setback from any primary or accessory building.
Walls, fences and hedges.
The yard requirements of this chapter shall not prohibit any necessary retaining wall or any fence, wall or hedge, provided that in any residential district no fence or wall shall exceed four feet in height for any front yard or six feet in height in any side or rear yard, and in any commercial or industrial district, no fence or wall shall exceed four feet in height for any front yard or eight feet in height in any side or rear yard, and provided further that such fence or wall shall be no closer to any front line or any public right-of-way than two feet and shall comply with visibility at street corners as provided in § 300-30D above.
It shall be unlawful for any owner, operator or occupant to allow or permit an electric or barbed wire fence to be installed, erected or maintained in the City of Gloversville.
Any wall or fence installed or erected within the City of Gloversville shall be on the applicant's property and not encroaching any neighboring properties. The wall or fence installed or erected shall be in such a way that both sides of the fence and property can be maintained by the property owner.
Any wall or fence installed or erected within the City of Gloversville requires a zoning permit issued by the Building Inspector or his designee with the applicable fee, set forth in Ch. A304-1, Fees Enumerated, payable to the City Clerk.
The location, nature, and height of the walls and fences and the nature and extent of landscaping on the site shall be such that the use shall not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
All vehicles located on a motor vehicle sales lot or yard must maintain a five-foot setback from any public right-of-way, and no vehicle shall be placed in the visibility triangle provided in Subsection D above.
A maximum of 65% of any lot may be under a hard surface (roof and/or pavement). This may be increased to 75% under a hard surface with the installation of a stormwater collection and removal system previously approved by the City Building Inspector. As proposed increase in hard surface above 75% shall be subject to a special permit review by the Planning Board.
§ 300-31 Additional height requirements.
Chimneys, spires, etc. The height limitations of this chapter shall not apply to belfries, church spires, cupolas, penthouses and domes which are not used for human occupancy; or to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; or to flagpoles, monuments, transmission towers and cable, radio and television antenna or towers or satellite dishes and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structure which extends above the roof limitations.
Through lots. On through lots 120 feet or less in depth, the height of a building may be measured from the grade of either street. On through lots more than 120 feet deep, the height regulations and basis of height measurement for the street permitting the greater height shall apply to a depth of not more than 120 feet from that street.
§ 300-32 Accessory structures and equipment.
Accessory structures in residence districts.
Number. There shall be not more than two accessory structures on each zone lot intended or used for residential purposes, except that dwelling groups and large-scale developments shall not be subject to the provisions of this section.
Height. The maximum height of accessory structures shall be 18 feet. Any proposed accessory structure exceeding 18 feet in height shall be subject to a site plan review by the Planning Board.
Location. Accessory structures may be erected in accordance with the following requirements:
Within the rear yard, at least three feet from the side and rear lot lines, except when abutting an alley, then one feet from the lot line.
For a corner lot abutting two streets, depending upon the orientation of the principal structure, no accessory structure shall project beyond the minimum front or rear yard setback requirements of the lot, or nearer to the street than the principal structure.
Not closer to a principal building than 10 feet.
Accessory structures in commercial and manufacturing districts shall comply with front and side yard requirements for the principal building to which they are accessory and shall be not closer to any rear property line than 10 feet.
Any accessory structure, including temporary accessory structures that are 100 square feet or more in size, shall require a zoning permit to regulate location and the number of such structures on a given lot.
No more than one temporary accessory structure shall be erected on a lot that is already occupied by one permanent accessory structure.
For the purposes of this section, an R-C District is to be considered a residence district.
Accessory equipment.
Satellite dishes.
Freestanding satellite dish shall be located within the in the side or rear yard at least three feet from the side and rear lot lines.
Satellite dishes attached to buildings shall not face a public right-of-way.
Dishes attached to buildings shall not project more than four feet beyond building lines over sidewalk areas and be maintained at a height no less than seven feet six inches over sidewalk areas.
Solar energy equipment and systems in any residential or commercial district.
Utility-scale solar collector systems are not permitted within any residential district.
Rooftop-mounted solar systems for personal use shall be allowed as of right in nonhistoric districts, provided that panels do not extend past the roofline. Placement of solar collectors on a gabled, hipped or mansard roof shall be mounted parallel to and no more than 12 inches from the roof surface.
Installation in designated historic districts shall require a certificate of appropriateness from the Historic Preservation Review Board.
Solar energy equipment shall be located in a manner to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors.
The solar collectors shall not emit unreasonable glare and negatively impact adjacent properties.
Freestanding or ground-mounted solar energy systems for personal use shall be located within the in the side or rear yard at least three feet from the side and rear lot lines.
The height and the total surface area of all freestanding or ground-mounted solar collectors on the lot shall require approval from planning staff prior to the issuance of building permits and take into account potential impacts on neighboring properties. If denied, the Building Inspector shall issue a letter of denial, and the applicant may appeal this decision to the Board of Zoning Appeals.
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.