Town of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
Special uses, as enumerated in §§ 108-8 through 108-12, shall be permitted only upon authorization by the Zoning Board of Appeals, provided that such uses shall comply with the following requirements and other applicable requirements as set forth in this chapter:
A. 
That the use is a special use as set forth in §§ 108-8 through 108-12 hereof.
B. 
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience of the citizens will be protected.
C. 
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
D. 
That the use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.
E. 
That adequate landscaping and screening is provided as required in § 108-18 and as otherwise provided herein.
F. 
That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
The special uses enumerated below shall be governed by the following specific requirements in addition to the ones presented above.
A. 
Motels, motor courts, motor hotels and similar uses shall have a minimum area of 150 square feet rentable for each unit, exclusive of bathroom facilities.
B. 
Each rentable unit shall include a minimum of one bedroom and a shower or bath room with toilet.
C. 
Illuminated signs and other lights shall be directed away from or shielded from surrounding residential properties in such a way as not to disturb the occupants thereof.
A. 
Location of exits and entrances. No gasoline filling station or commercial parking areas or garage for 25 or more motor vehicles shall have an entrance or exit for vehicles within 200 feet along the same side of a street on which is located a school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street on which the lot does not abut. Such access shall be not closer to the intersection of any two streets than 50 feet.
B. 
Location of oil-drainage pits and hydraulic lifts. No oil-drainage pit or hydraulic lift shall be located closer than 25 feet to any R District, except when such pit or lift is within a building. Storage tanks are to be located underground.
C. 
Work area. In any gasoline filling station or other establishment where motor vehicles are serviced or repaired, all repair operations shall be conducted within a building.
Requirements for community buildings, country clubs, clubs, social halls, lodges, fraternal organizations and similar uses shall be as follows:
A. 
In R Districts, where permitted, all buildings shall be a minimum of 50 feet from the center line of the road.
B. 
In R Districts, where permitted, such uses shall not be located on lots of less than 40,000 square feet with a minimum frontage of 200 feet.
All buildings related to hospitals and sanatoriums, where permitted, shall be a minimum of 50 feet from the center line of the road.
[Amended 6-27-1988 by L.L. No. 3-1988]
Mobile homes shall comply with any Mobile Home Ordinance in the Town of Fort Edward.
[1]
Editor's Note: See Ch. 71, Mobile Homes.
Regulations governing planned development groups shall be as follows:
A. 
Under the standard provisions of this chapter, a separate ground area must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same lot. Also, several lots may be combined into one special plan covering a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned groups.
B. 
In reviewing all applications for planned development groups, the Planning Board shall consider a general development plan of the proposed project. The development plan shall show the proposed use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses such as schools and playgrounds, landscaping and other open spaces. The Board shall review architectural drawings and sketches demonstrating the design and character of the proposed uses and the physical relationship of the uses and such other pertinent information as may be necessary.
Spacing between buildings and orientation in multiple-dwelling structures shall be as follows:
A. 
Walls containing main window exposures or main entrances shall be so oriented as to ensure adequate light and air exposures.
B. 
Such buildings shall be so arranged as to avoid undue exposure to concentrated loading or parking facilities and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
C. 
A building wall exposing both windows and an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 50 feet.
D. 
A building wall exposing only windows or only an entranceway shall be located no closer to another building than a distance equal to the height of the taller building of the two, but in no case less than 25 feet.
E. 
A building group may not be so arranged that any temporary or permanently inhabited building is inaccessible by emergency vehicles.
Spacing between buildings and orientation in commercial building groups shall be as follows:
A. 
Exterior walls of opposite buildings shall be located no closer than a distance equal to the height of the taller building.
B. 
A building group may not be so arranged that any permanently or temporarily occupied building is inaccessible to emergency vehicles.
A. 
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.
B. 
There shall be an adequate amount in a suitable location of pedestrian walks, malls and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, malls and public transportation loading places from general vehicular circulation facilities.
C. 
Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
There shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters and prevent erosion and formation of dust.
Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential districts.
In residential building groups providing for permanent family occupancy, play areas for children and other recreational areas in safe locations and in an amount of not less than 10% of the gross land area of the development shall be provided.
A. 
Conversions in R-2 Districts. Conversions are permitted, provided that:
(1) 
There shall be not more than the maximum number of dwelling units that are permitted in the respective districts.
(2) 
Off-street parking shall be provided in an amount of not less than one for each new dwelling unit added.
(3) 
There shall be at least 500 square feet of habitable dwelling space in each dwelling unit.
(4) 
There shall be at least one bathroom in each dwelling unit.
B. 
Nondwelling structures. No commercial or manufacturing structure, originally designed for other than residential use, shall be converted to a dwelling structure; nor shall any such structure which was so converted prior to the adoption of this chapter be further converted to provide for additional dwellings.
Permitted home occupations may be conducted in any dwelling unit only under the following conditions:
A. 
Where permitted. A home occupation shall be permitted within a single dwelling unit or accessory structures thereto only by the person or persons residing therein. These home occupations shall not provide employment for more than two nonresident employees.
B. 
Evidence of use. It does not display or create outside the building any evidence of the home occupation, except that one unanimated, nonilluminated flat or window sign having an area of not more than one square foot shall be permitted on each street front of the lot on which the building is situated.
C. 
Extent of use. It does not utilize more than 20% of the floor area of the dwelling unit (except foster-family care).
[Amended 9-15-1971]
D. 
Permitted home occupation. It includes not more than one of the following uses on a lot: professional offices, rooming houses and boardinghouses, tutoring, except excluding dance studios and custom tailoring or dressmaking. Application may be made to the Zoning Board of Appeals for any other uses not creating excessive nuisances.