Hoosick Falls City Zoning Code
ARTICLE 4
SUPPLEMENTARY REGULATIONS
§ 401 ACCESSORY USES.
1.
All accessory uses except off-street parking, and all accessory structures not integral to the principal structure, except fences:
a.
Shall not be located in any front yard, or in the minimum required side yard.
b.
Shall have a minimum setback of five (5) feet from any lot.
c.
Shall rise only to a height necessary to accomplish the purpose they are intended to serve but in no case more than fifteen (15) feet above the projection's lowest point of contact with the roof.
d.
If roofed or covered, shall in the aggregate not occupy more than thirty percent (30%) of the yard in which the structures are located.
2.
Fences: Fences may extend to or along lot lines and shall not generally exceed four (4) feet in height. Fences shall not be built in the public right of way; where the limit of the full public right of way is not apparent, a minimum four-foot setback from the curb, edge of the pavement or travelled way shall be observed to facilitate road maintenance.
3.
Garage, Yard or Tag Sales: Periodic sales of merchandise or household goods, such as garage, yard or tag sales, shall last no more than three (3) days in any six-month period; auction or sale of on-premises household goods due to death or moving of the occupant shall not exceed 2 weeks in extent.
4.
Home Occupation: Any nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted within a dwelling unit or an accessory structure by a permanent resident of that dwelling unit, which does not change the residential character of the dwelling unit or vicinity and where no nonresident employees, customers or clients enter the premises and where there is no signage or exterior storage of products or equipment. Such occupation is exempt from site plan review.
§ 402 ON-STREET TRUCK PARKING.
1.
Tractor-trailers or other trucks greater than eighteen thousand (18,000) pound capacity shall not park overnight on Village streets or in other public rights-of-way.
§ 403 OFF-STREET PARKING REQUIREMENTS.
1.
Provision.
a.
Timing: At the time of the erecting of a NEW building on a lot, the minimum cumulative number of off-street parking spaces accessory to the uses and structures shall be provided and satisfactorily maintained in accordance with the attached Parking Schedule and the other standards in this section.
b.
Excess Capacity Usage: In the DC and C-I districts, required off-street parking for uses except residential may be provided by excess capacity of public off-street parking within five hundred (500) feet of the use.
c.
Provision as Accessory Use: If providing some or all required parking on the site is impractical, required off-street parking may be provided as an accessory use not on the same lot, and shall be subject to appropriate conditional use standards.
d.
Staggered Usage: In the case of a combination of uses on a lot, if staggered hours of usage of the various uses permit modification, the required amount of off-street parking be reduced subject to appropriate conditional use standards.
e.
Front Yard Encroachment in Residential: In any residential district, off-street parking shall not encroach on minimum required front yard.
§ 406 KEEPING OF ANIMALS.
1.
Household pets shall be kept to reasonable number in an appropriate manner and, except in a kennel not for regular or periodic sale.
2.
The raising and harboring of fowl and livestock is permitted only on farms.
3.
The raising or harboring of animals not considered fowl, livestock or pets under laboratory conditions is prohibited in all districts.
§ 407 DESIGN STANDARDS.
2.
SIGNS.
a.
General.
(1)
Maintenance: Signs shall at all times be maintained in good repair and in a clean, safe condition free from all hazards detrimental to public health and safety.
(2)
Construction: Signs shall be constructed in a manner and of materials of a durability suited to the duration of the use of the sign.
(3)
Design: Signs shall not be of such a design to create glare or undue distraction, confusion or hazard in the surrounding area or to interfere with the operation of motor vehicles.
(4)
Conflict with Regulatory Signage: Signs shall not attempt or appear to regulate, warn or direct vehicular traffic movement or to imitate or resemble official traffic signs, signals, or devices.
(5)
Moving Parts on Signs: Signs shall not exhibit animated, moving, fluttering or revolving parts.
(6)
Flashing Lights: Signs shall not display flashing lights or other intermittent illumination, except to provide valuable public information such as time and temperature.
(7)
Sign Support Structure: Signs shall not use utility poles or trees, rocks, or other natural features as a medium of communication or means of support.
(8)
Projection of Signs: Signs shall not project into or over property lines or the public right-of-way, and projection shall provide a minimum of eight (8) feet of vertical clearance to pedestrian areas.
(9)
Sign Compatibility: Signs shall be constructed at a proportion appropriate to surrounding land use and lot and building size.
(10)
Building Mounting: Signs attached to building shall not extend above the roof or parapet of the building.
b.
Temporary On-premises Signs: If displayed only a reasonable amount of time in advance of the related activity and removed promptly upon fulfillment of its function, may be erected accessory to all uses and in all districts. These signs include:
(1)
Real estate signs indicating the sale, lease, rental or development of the premises and not exceeding six (6) square feet in aggregate total area.
(2)
Signs indicating events of public interest, including infrequent garage sales or seasonal sales of garden produce or used in conjunction with a show, drive, election, campaign or movement of a government or community non-profit organization.
c.
Home Occupations Signs: One sign, such as a nameplate, attached to and not projecting more than twelve (12) inches from principal building, and not exceeding three (3) square feet in area may be erected to identify the following:
d.
General, commercial and industrial Signs: One or more signs:
(1)
Attached to and not projecting more than twelve (12) inches from the principal building.
(2)
Not exceeding one and five-tenths (1.5) square feet in aggregate area per linear foot of width of the building facade to which the sign is attached.
(3)
Erected to identify the premises and related information.
(4)
If the principal building is setback more than twenty-five (25) feet from the front lot line, one (1) additional sign not exceeding twelve (12) square feet in area or ten (10) feet in height and set back at least ten (10) feet from any lot line may be erected in the ground substantially parallel or perpendicular to the principal building to identify the premises and related information.
3.
ACCESS.
a.
Driveways and other access ways from a lot to a street shall be adequate but not excessive in number, adequate in width, grade, alignment and visibility, and not located overly close to street intersections in order to promote traffic safety.
b.
Service areas accessory to General, Commercial and Industrial uses shall be sufficiently screened and fenced to provide a buffer to residential uses in the vicinity and the street.
4.
SCREENING.
a.
Except for one- and two-family Residential Uses, trash stored accessory to uses on a lot and located outside the principal structure to facilitate regular removal shall be properly contained and enclosed on all sides by a fence or other permanent structure for health and safety purposes.
5.
[RESERVED] LANDSCAPING
6.
[RESERVED] ACCESSORY STRUCTURES
7.
[RESERVED] SWIMMING POOLS AND PONDS
8.
[RESERVED] PRIVATE RECREATION FACILITIES
§ 408 TRAVEL TRAILERS.
1.
Storage of Travel Trailers in Residential Districts:
a.
A travel trailer may be stored on a residential lot provided it is not stored in the required front yard. However, travel trailers may be stored in the front yard provided that such storage does not obstruct the view of other residents of the Village.
b.
A travel trailer may not be stored in such a way that it poses a public safety hazard or hinders emergency personnel or vehicles.
2.
Temporary Occupancy of Travel Trailers in Residential Districts: A travel trailer stored on a residential lot may be occupied for no more than two (2) weeks in any calendar year provided the following standards are met:
§ 409 NON-CONFORMING USES AND STRUCTURES/NON-COMPLYING BULKS.
1.
Non-conforming Uses and Structures.
a.
Continuation: Non-conforming uses and structures may be continued subject to the restrictions following in this section.
b.
General Maintenance and Repairs: General Maintenance and Repairs to nonconforming uses and structures may be continued.
c.
Unsafe structure: A non-conforming structure declared unsafe by the Building Inspector may be restored to a safe condition or removed.
d.
Restoration: A non-conforming use or structure partially or totally destroyed by fire or other cause may be rebuilt to occupy the same space and lot coverage and not exceeding the height of the totally or partially destroyed use or structure.
e.
Extension/Addition/Alteration: Unless changed to a conforming use, neither a non-conforming use shall be extended on land or within a structure nor that part of a structure containing the non-conforming use structurally altered during its life to an extent exceeding in the aggregate fifty percent (50%) of the area of the existing use or structure.
f.
Relocation: A nonconforming use or structure shall not be placed on a different portion of its lot or relocated to another lot unless changed to a conforming use.
g.
Changes: A nonconforming use shall not be changed to a use of the same or other classification, except to a conforming use. Once a nonconforming use is changed to a conforming use, the land or structure shall not be permitted to revert to a nonconforming use.
h.
Discontinuance: Except in the case of certified military duty or illness, whenever a nonconforming use or structure has been discontinued, vacated or abandoned for a continuous period of one (1) year, the use shall not be re-established, and any further use of said land or structure shall be changed to a conforming use.
i.
Prior Approval: No provision contained herein shall require any change in designated use, plans, or construction of a structure for which a building permit has been issued, and the construction of which shall have been diligently prosecuted within eight (8) months of the date of such permit.
2.
Non-complying Bulks.
a.
Continuance: A non-complying bulk may be continued, maintained, repaired, restored or structurally altered provided such action does not increase the degree of or create any new non-compliance with regard to area and bulk regulations.
b.
Subdivision: Existing parcels of land or contiguous lots in the same ownership shall not be divided for transfer of ownership or developed for commencement of a use to leave remaining one (1) or more lots, yards or structures which do not meet the area and bulk requirements.
§ 410 SOLAR COLLECTORS.
1.
Rooftop- and building-mounted solar collectors are permitted in all zoning districts in the Village. Building permits shall be required for installation of rooftop- and building-mounted solar collectors. Solar collectors will not extend above the ridge and shall be set back from all roof edges a minimum of eighteen (18) inches.
2.
Ground-mounted and freestanding solar collectors are permitted as accessory structures in all zoning districts of the Village, subject to the following requirements:
a.
The location of the solar collector meets all applicable setback requirements of the zone in which it is located.
b.
The height of the solar collector and any mounts shall not exceed twenty (20) feet when oriented at maximum tilt, except in residential districts, where the maximum height shall be ten (10) feet.
c.
The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed one thousand (1,000) square feet.
d.
A building permit has been obtained for the solar collector.
e.
The solar collector is located in a side or rear yard.
3.
Where site plan approval is required elsewhere in this chapter for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors. Where a site plan exists, an approved modified site plan shall be required if there are any proposed changes to or additions of solar collectors.
4.
All solar collector installations must be performed by a qualified solar installer, and, prior to operation, the electrical connections must be inspected by the Village Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Village. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
5.
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use, and, when no longer used, they shall be disposed of in accordance with all applicable laws and regulations. Notification of the installation and/or removal of solar storage batteries shall be made to the Hoosick Falls Fire Department responsible for response to the location where the batteries are installed.
6.
If a solar collector ceases to perform its originally intended function for more than twelve (12) consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than ninety (90) days after the end of the twelve-month period.