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South Glens Falls City Zoning Code

ARTICLE IV

District Regulations

§ 153-7 Establishment.

The restrictions and controls intended to regulate development in each zone district are set forth in the Schedules I and II, §§ 153-9 and 153-10, which are supplemented by other sections of this chapter.

§ 153-8 Applicability.

Except as hereinafter otherwise provided:
A. 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
B. 
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
C. 
No building shall be erected and no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
D. 
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

§ 153-9 Schedule I: Permitted Uses. [1]

Uses in the indicated districts shall be restricted as follows:
A. 
District R-1.
(1) 
Principal permitted uses:
(a) 
One-family detached dwellings.
(b) 
Public schools.
(c) 
Public parks and playgrounds.
(2) 
Permitted accessory uses:
(a) 
Private garages and parking areas.
(b) 
Home gardening, but not the raising of poultry, livestock and other similar activities.
(c) 
Other accessory uses and structures customarily appurtenant to a principal permitted use.
(3) 
Special uses:
(a) 
Home occupations.
B. 
District R-2.
(1) 
Principal permitted uses:
(a) 
One-family detached dwellings.
(b) 
Two-family dwellings.
(c) 
Churches and parish houses.
(d) 
Libraries.
(e) 
Public parks and playgrounds.
(f) 
Governmental buildings and uses, including police and fire stations.
(g) 
Public schools and private schools offering general instruction.
(2) 
Permitted accessory uses:
(a) 
Private garages and parking areas.
(b) 
Home gardening, but not the raising of poultry, livestock and other similar activities.
(c) 
Other accessory uses and structures customarily appurtenant to a principal permitted use.
(3) 
Special uses:
(a) 
Cemeteries.
(b) 
Community buildings, country clubs, social halls, lodges and fraternal organizations.
(c) 
Public utility structures.
(d) 
Home occupations.
C. 
District C.
(1) 
Uses permitted with site plan review and approval of the Planning Board:
(a) 
Retail business, Type I.
(b) 
Motels.
(c) 
Personal service establishments such as barber and beauty shops, shoe repair shops where such uses are necessary to supply the daily living needs of the community.
(d) 
Offices and banks.
(e) 
Eating and drinking establishments.
(f) 
Governmental buildings and uses, including police and fire stations.
(g) 
Hospital, nursing and convalescing homes.
(2) 
Accessory uses allowed with site plan review and approval from the Planning Board:
(a) 
Public and private parking and loading.
(b) 
Other accessory uses customarily appurtenant to a permitted use.
(3) 
Special uses:
(a) 
Automobile sales, service, repair and filling stations.
(b) 
A mixed-use building with any combination of residential (single-family, duplex or multifamily dwellings) or commercial uses shall be permitted with front setback specified by § 153-10 within the applicable zoning district in a line measured from the actual curb (and if no curb, from the apparent curbline) and shall be applicable to the construction of a new mixed-use building or applicable to the modification of any existing building which shall be appropriate as a mixed-use building so as to achieve conformity with adjacent and nearby improved properties.
D. 
District C-2.
(1) 
Uses permitted with site plan review and approval of the Planning Board:
(a) 
Retail business, Type II.
(b) 
Motels.
(c) 
Personal service establishments such as barber and beauty shops, shoe repair shops where such uses are necessary to supply the daily living needs of the community.
(d) 
Offices and banks.
(e) 
Eating and drinking establishments.
(f) 
Governmental buildings and uses, including police and fire stations.
(g) 
Hospital, nursing and convalescing homes.
(2) 
Accessory uses allowed with site plan review and approval from the Planning Board:
(a) 
Public and private parking and loading.
(b) 
Other accessory uses customarily appurtenant to a permitted use.
(3) 
Special uses:
(a) 
A mixed-use building [any combination of residential (single-family, duplex or multifamily dwellings) or commercial uses] shall be permitted with front setback specified by § 153-10 within the applicable zoning district in a line measured from the actual curb (and if no curb, from the apparent curbline) and shall be applicable to the construction of a new mixed-use building or applicable to the modification of any existing building which shall be appropriate as a mixed-use building so as to achieve conformity with adjacent and nearby improved properties.
E. 
District M-1.
(1) 
Uses permitted with site plan review and approval of the Planning Board:
(a) 
Light industrial or business of a kindred nature engaged in the manufacture, assemblage, treatment or packaging of products and the warehousing of products when conducted without public hazard, except those which, by reason of odor, noise, dust or smoke, constitute a nuisance to or endanger the safety of neighboring property.
(b) 
Research and related laboratory uses.
(c) 
Distribution plants.
(2) 
Accessory uses allowed with site plan review and approval from the Planning Board:
(a) 
Public and private parking and loading.
(b) 
Other accessory uses customarily appurtenant to a permitted use.
(3) 
Special uses:
(a) 
Outdoor storage.
F. 
District RC-1. [NOTE: It is the purpose of this zoning district to preserve, protect and conserve those portions of the Village with floodplains designated by the Federal Emergency Management Agency (June 5, 1985, Local Law No. 2-1987), in order to secure the benefits of these natural areas consistent with the general welfare and the economic, social and agricultural development of the Village of South Glens Falls.] To promote these purposes in Resource Conservation District RC-1, no building or other structure shall be built, or land shall be used, and no building shall be built, altered or erected to be used for any purpose other than those uses listed below.
(1) 
Uses permitted with site plan review and approval of the Planning Board:
(a) 
Farm or other agricultural operation, including gardens, nurseries, greenhouses and usual farm accessory buildings, not including dwellings or buildings housing farm animals or fowl.
(b) 
Parks, playgrounds, bikeways, athletic fields, marinas, riding academies, game preserves and other similar uses, including usual accessory buildings.
(c) 
Municipal or public utility structures or facilities.
G. 
District ARC-1.
(1) 
It is the purpose of this zoning district to protect the water quality of the natural aquifer which supplies the Village's spring supply collection boxes and aid in the protection of the Village's deep wells. This zone covers a portion of the aquifer recharge area and areas of potential expansion of the spring supply which fall within the boundary of the Village limits.
(2) 
To promote this purpose, no building or other structure shall be built, or no land shall be used, and no building shall be built, altered or erected to be used for any purpose other than those listed below.
(3) 
Residences, with a density not to exceed one single-family dwelling per three acres. In order to promote open spaces, clustering shall be encouraged with not more 1/3 of gross land area cleared and developed for individual residences, access roads or other site development features.
(4) 
Municipal uses, including but not limited to improvements to the Village's water supply system.
(5) 
Permitted principal and accessory uses. All principal and accessory uses in the ARC-1 Zone shall be restricted to those principal, permitted uses provided for in the R-1 Zone.
(6) 
Special uses:
(a) 
Any parking area for more than five vehicles excluding driveways.
(b) 
Motor vehicle repair garages.
H. 
APD Aquifer Protection District (APD). The purpose of the APD is to protect, preserve and maintain water quality of the natural aquifer which supplies the Village's spring supply, including portions of this aquifer which do not feed the Village's spring supply collection boxes. Water service for all properties within the APD are required to abide by the regulations set forth in Chapter 149.
I. 
Use restrictions relating to ARC-1 and APD Districts.
(1) 
Permitted uses.
(a) 
All uses permitted by this chapter in the underlying zoning districts, as permitted in said districts, except those uses specified by this article as requiring site plan review and approval, special permits, or as prohibited uses, shall be permitted.
(b) 
All uses, storage and application of pesticides and herbicides shall be in conformance with New York State Environmental Conservation Law Article 33.
(c) 
All uses in an ARC-1 Zone shall be restricted to those principal permitted uses and permitted accessory uses provided for in an R-1 Zone.
(2) 
Special permit uses. Provided that uses are permitted as of right in the underlying zoning district or provided that a special permit is obtained for any use requiring the same in the underlying zoning district, the following uses are permitted subject to the obtaining of a special permit as provided in § 153-18 and in conformity with the standards set forth in § 153-18 of this chapter.
(a) 
Any parking area for more than five vehicles, including both accessory parking areas and parking areas as principal uses, but excluding driveways. Such parking areas shall be designed with oil separators and proper site grading to prevent any discharge of petroleum into the ground.
(b) 
Motor vehicle repair garage, provided that:
[1] 
All operations take place entirely within a building and upon a concrete floor designed with elevated edges and without drain so that no drainage can occur into the ground.
[2] 
There is no on-site petroleum product storage except for the following: vehicle fuel stored in vehicle tanks and petroleum storage in tanks which, regardless of size, are designed and constructed in accordance with the standards of the New York State Department of Environmental Conservation Rules and Regulations for Bulk Storage (6 NYCRR Part 614[2]), and applicable tanks must meet the aforementioned requirements. Replacement tanks must meet the aforementioned requirements.
[2]
Editor's Note: See now 6 NYCRR Part 613.
[3] 
Any area for the outside storage of motor vehicles shall be designed with oil separators and proper site grading to prevent any discharge of petroleum or other hazardous material into the ground.
J. 
Prohibited uses. The following uses shall be prohibited in all zoning districts:
(1) 
Land application of wastewater, septage and sludge.
(2) 
Open storage of manure, open storage of fertilizer, animal feedlots and confinement areas within 100 feet of any watercourse and surface water drainage from such facilities into any watercourse.
(3) 
Creation or discharge of hazardous pathogenic or radioactive material, solid waste or junk, junkyards and petroleum products.
(4) 
Treatment of hazardous material.
(5) 
Dry-cleaning and dyeing establishments and laundries that utilize cleaning solvents.
(6) 
Printing and photo processing establishments that use on-site chemical processes.
(7) 
Furniture finishing and stripping establishments.
(8) 
The storage of hydrocarbon products, except for the following: vehicle fuel stored in vehicle tanks; on-site storage of home heating oil; fuel for on-site use by commercial establishments, in storage tanks, provided that such tanks, regardless of size, are designed and constructed in accordance with the standards of the New York State Department of Environmental Conservation Rules and Regulations for Bulk Storage (6 NYCRR Part 614[3]) and applicable federal regulations. Replacement tanks must meet the aforementioned requirements.
[3]
Editor's Note: See now 6 NYCRR Part 613.
(9) 
Automotive gasoline stations; car washes.
(10) 
Open storage of road salt.
(11) 
Storage of hazardous materials, except in sealed or unopened containers for resale or in containers normal for household use.
[1]
Editor's Note: See also the summary of these provisions appearing in schedule format as an attachment to this chapter.

§ 153-10 Schedule II: Area, Lot, Yard and Height Regulations. [1]

The following area, lot, yard and height regulations shall apply:
District
Regulation
R-1
R-2
C
C-2
M-1
RC-1
ARC-1
Minimum lot area (square feet)
13,500
13,500
4,000
13,500
21,780
43,560
3 acres
Minimum yards1
Front yard (feet)
25
25
12
25
12
80
25
Rear yard (feet)
25
25
12
20
20
50
25
Side yard
One side yard
10
10
—
—
12
25
25
Combined side yard
20
20
—
10
24
50
50
Minimum lot width
Minimum lot width
90
90
40
90
100
150
200
With clustering (feet)
80
80
40
80
100
150
90
Minimum lot depth (feet)
150
150
100
150
200
200
200
Maximum lot coverage
40%
40%
60%
40%
60%
10%
10%
Maximum height
Stories
2 1/2
2 1/2
—
—
3
—
2 1/2
Feet
30
40
45
45
80
—
30
Special notes to Schedule II are as follows:
1
All proposed uses on a parcel in the C or C-2 Districts abutting a parcel in the R-1 District shall meet the side yard setback and rear yard setback of the R-1 District.
[1]
Editor's Note: See also the summary of these provisions appearing in schedule format as an attachment to this chapter.