Hudson Falls City Zoning Code
ARTICLE X
Supplementary Regulations
§ 215-57 Temporary garages.
A.
Temporary garages or garage tents are subject to the setback provisions for primary structures as defined in Table 3.[1] The Village desires that these structures be located in the rear yard as defined and be screened from view from the public street or right-of-way. Erection of temporary garages shall be subject to the issuance of a building permit.
[1]
Editor's Note: Table 3 is included at the end of this chapter.
B.
Temporary garages may be erected in the architectural front yard or side yard for a term not to exceed six months in any calendar year and are subject to further permit requirements as may be established by the office of the Code Enforcement Officer.
§ 215-58 Home occupations.
A.
Purpose. It is the purpose of this section to regulate the operation of home occupations to ensure that the home occupation remains secondary or incidental to the residential use. The right of property owners to be free of nuisances caused by certain home occupations is recognized. Only those uses will be allowed which:
B.
Definition of home occupations. Home occupations by definition will have no impact on the surrounding neighborhood and are characterized by the following criteria:
(1)
The business has no more than one employee on premises who does not reside in the home. The business may have additional employees who do not work on premises.
(2)
The business has no customer traffic.
(3)
There are no deliveries to or from the home occupation other than routine mail and incidental package delivery.
(4)
No equipment is used other than normally used in household, domestic or general office use.
(5)
There is no visible exterior evidence of the occupation.
C.
Standards. All home occupations shall meet the following criteria:
(1)
Floor area. The home occupation shall not occupy more than 25% of the gross floor area.
(2)
Number of occupations per dwelling. No more than one home occupation shall be permitted within any single dwelling unit.
(3)
Limitations on nonresidents. The individual primarily responsible for the home occupation shall reside in the dwelling unit.
(4)
Employees. Only one employee, in addition to the immediate family permanently residing on the premises, shall be employed.
(5)
Hours of operation. In no case shall a home occupation be conducted at times earlier than 8:00 a.m., nor later than 6:00 p.m.
(6)
Storage. There shall be no storage of equipment, vehicles or supplies outside the dwelling or accessory building.
(7)
Signage. Signs are prohibited.
D.
Inspections. The Code Enforcement Officer shall have the right at any time, upon reasonable request, to enter and inspect the premises of the home occupation for safety and compliance purposes.
§ 215-59 Clear zone.
A.
In any residence district, on a corner lot no structure or obstruction more than four feet high, measured from the established elevation of the center line of the street nearest to it, which will materially obscure or obstruct the vision of a person using adjoining streets or highways shall be maintained on or along the street lines within a distance of 25 feet of the point of intersection of street lines of the lot.
B.
In any residence district, any fence built on or along any street line of an architectural front yard shall be of open construction, such as an ornamental wire, picket, iron fence or hedge, and shall not exceed four feet in height measured from the established elevation of the center line of the street nearest to it.
[Amended 9-13-2010 by L.L. No. 2-2010]
§ 215-60 Fences.
A.
Permit required. No fence, wall or other type of construction shall be erected without the approval of the Code Enforcement Officer. The Code Enforcement Officer shall secure approval of the Superintendent of Public Works, where applicable.
B.
Application procedure. Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent chapter regulating construction within the Village, and shall be accompanied by an appropriate fee. Upon approval by the Code Enforcement Officer, a permit shall be issued which will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials.
C.
Residential and Mixed Use Districts.
[Amended 7-14-2008 by L.L. No. 5-2008; 9-13-2010 by L.L. No. 2-2010]
(1)
No fence over four feet in height shall be erected or maintained in the architectural front yard.
(2)
No fence over six feet in height shall be erected or maintained in any rear yard or side yard. No fence over five feet in height shall be erected or maintained in the front yard not considered to be the architectural front yard.
(3)
No stockade-type fence shall be allowed in any front yard, except that solid fencing may be allowed in the front yard of a corner lot not considered the architectural front yard if the Code Enforcement Officer and the Superintendent of Public Works determine the fence is not a hazard to the health, safety and welfare of the public and the fence is located behind the principal building line, meaning the extreme rear point of the dwelling structure, excluding accessory structures attached to the dwelling structure, such as porches, decks and garages.
D.
Industrial or Commercial districts.
(1)
A fence in Industrial and Commercial districts up to eight feet in height may be fitted with a barbed wire top, provided that the owner can document the fence would not be detrimental to health, safety or welfare of any person coming into contact with it, subject to the following requirements:
(a)
The fence is needed to prevent entry to an area that could be hazardous to the health, safety or welfare of a person or persons.
(b)
The fence is needed to secure an area where materials and/or equipment are stored.
(c)
The fence is needed to keep animals other than common household pets, except in a kennel situation, from leaving the site.
(d)
Where the general community interest or interests of national safety justify the need for such a fence.
(2)
Fencing for Commercial and Industrial districts and utility facilities shall be approved by the Planning Board under site review.
E.
Exemptions. Agricultural uses and activities shall be exempt from the requirements of this section.
F.
Location restrictions. Any fence erected under this chapter shall be placed at least six inches from any property line. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk, but in no event may it be less than one foot back from the front line and/or property line.
G.
Materials, composition and placement.
[Amended 9-13-2010 by L.L. No. 2-2010]
(1)
Any fence, wall or similar structure, as well as shrubbery, which unduly cuts off light or air, which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires or which is an obstruction to men and equipment for combating fires, and which may affect public safety is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than fifty-percent solid, except that solid fencing may be allowed in the front yard of a corner lot not considered the architectural front yard pursuant to Subsection C(3) herein. Any fence, wood, stockade, chain-link or other type of fence shall have the smooth side or finished side facing to the outside of the property owner installing the fence. Fence posts will be placed on the inside of the fence.
(2)
All chain-link fences erected shall be erected with the closed loop at the top of the fence. All entrances or gates shall open into the property.
H.
Prohibited fences. The following fences and fencing materials are specifically prohibited:
I.
Appeals.
(1)
Notwithstanding the provisions of this chapter, an applicant, following denial of a building permit application to the Code Enforcement Officer, may appeal the Code Enforcement Officer's decision to the Zoning Board of Appeals in the Village of Hudson Falls by notice to the same within 30 days of such denial.
(2)
In the event that the Zoning Board of Appeals substantiates the denial of the Code Enforcement Officer, the applicant may resort to the proper legal procedures according to the statutes of the State of New York.
J.
Visibility at intersections; enforcement authority.
[Amended 9-13-2010 by L.L. No. 2-2010]
(1)
The Code Enforcement Officer shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operations of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply within 15 days with the written direction of the Code Enforcement Officer shall be guilty of a violation of this chapter and shall be subject to its penalties.
(2)
In any residence district, any fence built on or along any street line shall be of open construction, such as an ornamental wire, pickets, iron fence or hedge, and shall not exceed four feet in height measured from the established elevation of the center line of the street nearest to it, except that solid fencing may be allowed in the front yard of a corner lot not considered the architectural front yard pursuant to Subsection C(3) herein.
§ 215-61 Swimming pools.
Swimming pools may be erected only on the same lot as the principal structure and are subject to the following regulations:
A.
A swimming pool may be erected only in the rear or side yard of a principal dwelling and shall be of a distance not less than 10 feet from the rear lot lines, nor less than 10 feet from the side lot line or buffer zone, where appropriate. Lots fronting on two streets shall be considered to have two front yards.
B.
Outdoor swimming pools shall be provided with an enclosure which shall comply with the New York State Uniform Building Code.
§ 215-62 Trash receptacles and dumpsters.
A.
Trash/garbage receptacles, containers, dumpsters and other devices intended for temporary storage of waste for removal from the site shall be placed in such manner that said device is not visible from public rights-of-way. All trash receptacles/dumpsters, whether preexisting or proposed, shall be screened from view from the public street by one or more of the following methods:
B.
Trash/garbage receptacles shall be secured at all times to prevent any waste material deposited or intended to be deposited in such receptacles from being spread about by natural or other causes. Trash receptacles may be placed at the curb for commercial pick-up for a period not to exceed 24 hours.
[Amended 4-7-2014 by L.L. No. 2-2014]
§ 215-63 Sheds and accessory structures.
[Amended 7-14-2008 by L.L. No. 5-2008]
Sheds and similar nonattached accessory structures shall be located behind the front setback line of the premises on which they are located.
§ 215-64 Outdoor storage. [1]
[Added 2-13-2012 by L.L. No. 2-2012]
A. RECREATIONAL VEHICLE UTILITY TRAILER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A motorboat, motor home, camp trailer, pickup camper, pop-up camp trailer, jet skis, or similar vehicle.
A trailer not defined as a recreational vehicle that has an axle and frame that can be used to haul any type of material or equipment and can be towed behind a vehicle or some other towing device.
B.
This provision is only applicable to those parcels that are located in the Residential District Class A, Residential District Class B and Residential District Class C zones. These regulations do not restrict the storage of recreational vehicles and utility trailers in the Mixed Use, Commercial or Industrial Zones.
(1)
A parcel that is located in a Residential District Zone either Class A, Class B or Class C which has a legal nonconforming commercial use which storage of utility trailers on site is common or incidental to the commercial use will be allowed to continue with such storage and is exempt from this regulation.
(2)
A self-service storage facility is not exempt from those regulations, and as is stated in § 215-65C(1) the storage of items outdoors at a self-service storage facility shall not be allowed.
C.
It shall be unlawful for any owner or operator of a recreational vehicle or utility trailer to stand or park such on the Village of Hudson Falls right-of-way.
D.
Temporary parking of any recreational vehicle or utility trailer on a public street within the Village of Hudson Falls is allowed. "Temporary parking" is defined to included loading, unloading and cleaning and would be for a reasonable period.
E.
Any recreational vehicle or utility trailer stored on private property must be operable and be in condition for its intended use.
F.
No recreational vehicle shall be used as a residential dwelling. A recreational vehicle can be used for occasional recreational use so long as it is done during a reasonable period of time.
G.
A recreational vehicle or utility trailer may be stored on the owner's property so long as it is stored behind the front set back line or building line and setback from the adjacent property line by two feet.
H.
On a property that is considered a corner lot, as defined in this code, a recreational vehicle or utility trailer cannot be stored in what is considered as the architectural front yard.
I.
Utility trailers that are a customary part of a homeowner's business and are taken off the premises each business day are exempt from the provisions of this section so long as the utility trailer is kept on the homeowner's private property and not on the Village's right-of-way.
[1]
Editor's Note: Former § 215-64, Portable storage units, was repealed 7-14-2008 by L.L. No. 5-2008.
§ 215-65 Self-service storage facilities.
Self-service storage facilities are allowed with a special use permit in the geographic area of the Industrial Zone described below. These facilities are further regulated as follows:
A.
Location. Self-service storage facilities are limited to the following geographic area of the Village:
The parcels bordering the west side of Allen Street in District 5 heavy industrial, from the boundary line of the Village of Hudson Falls and the Town of Fort Edward, from that point extending westerly on a direct line along the Village and town boundary to the boundary of the Hudson River, extending northerly along Allen Street to a point on the west side of John Street where John Street intersects with Allen Street and then extending on a direct line in a westerly direction from that point to the boundary of the Hudson River, and the parcels bordering the east side of Allen Street, from the boundary line of the Village of Hudson Falls and the Town of Fort Edward, from that point extending on a direct line in an easterly direction along the Village and town boundary to the boundary of the Delaware and Hudson Railroad and extending northerly along Allen Street to a point on the east side of John Street where John Street intersects with Allen Street and then extending on a direct line in an easterly direction from that point to the boundary of the Delaware and Hudson Railroad. |
B.
Site plan approval required. In addition to the special use permit requirements, all self-service storage facilities shall require site plan review pursuant to Article IV.
C.
Specific requirements.
(1)
The storage of items outdoors shall not be allowed.
(2)
In addition to the foregoing requirements, self-storage facilities are subject to the landscaping requirements of § 215-42.
(3)
Self-service storage facilities shall be constructed of a durable material and be of a style and color consistent with the character of the surrounding neighborhood.