A.
Lots of less than required dimensions.
(1)
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.
(2)
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.
B.
Reduction of lot area. No lot area shall be reduced below the district
requirements of this chapter.
C.
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.
D.
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.
E.
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.
F.
Transition yard requirement.
(1)
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.
(2)
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.
G.
Projecting architectural features, terraces, porches and fire escapes.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
H.
Walls, fences and hedges.
(1)
The yard requirements of this chapter shall not prohibit any necessary retaining wall or any fence, wall or hedge, provided that in any residence 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.
(2)
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.
I.
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.
J.
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.
A.
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.
B.
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.
A.
Accessory structures in residence districts.
(1)
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.
(2)
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.
(3)
Location. Accessory structures may be erected in accordance with
the following requirements:
(a)
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.
(b)
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.
(c)
Not closer to a principal building than 10 feet.
(d)
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.
B.
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.
C.
No more than one temporary accessory structure shall be erected on
a lot that is already occupied by one permanent accessory structure.
D.
For the purposes of this section, an R-C District is to be considered
a residence district.
E.
Accessory equipment.
(1)
Satellite dishes.
(a)
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.
(b)
Satellite dishes attached to buildings shall not face a public
right-of-way.
(c)
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.
(2)
Solar energy equipment and systems in any residential or commercial
district.
(a)
Utility-scale solar collector systems are not permitted within
any residential district.
(b)
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.
(c)
Installation in designated historic districts shall require
a certificate of appropriateness from the Historic Preservation Review
Board.
(d)
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.
(e)
The solar collectors shall not emit unreasonable glare and negatively
impact adjacent properties.
(f)
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.
(g)
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.
(h)
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.
