All uses permitted and all uses requiring site plan approval
or a special use permit are listed on the Tables of Uses, Area, Frontage
and Setback Requirements for the Mixed Use Districts (Rt 50/67 in
Attachment 3, and Ballston Lake in Attachment 5), and the Burnt Hills
Commercial District (in Attachment 4) located at the end of this chapter.[1]
A.
For these districts, more than one principal use and/or
structure is allowed on any one lot or parcel. Further, where residential
uses are also allowed in the district, a mix of commercial and residential
uses may be located within a structure, including, but not limited
to, commercial on ground floor and residential above.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
Area requirements for each use are indicated on the Tables of
Uses, Area, Frontage and Setback Requirements located at the end of
this chapter and as set forth in this article.[1]
[1]
Editor's Note: Said tables are included as attachments to this chapter.
The Comprehensive Plan provides, in detail, the land use policies
and goals behind the establishment of these districts. These are established
for the purpose of maintaining a commercial and social core for the
Town that also emphasizes small-town feel. This requires balancing
of a variety of uses having a scale and design so that the various
uses can both coexist but complement each other to create a vital
and active community of shopping, service, and opportunities. It is
the intent of these Districts to encourage growth and development
but with a scale and design that maintains the character of the Town,
is pedestrian friendly, calms traffic, discourages large-scale development,
and that promotes integration of land uses rather than separation.
Since much of the Burnt Hills Commercial District has already been
developed, it is necessary to keep the scale and density consistent
with existing development patterns. Thus, future development in the
Burnt Hills Commercial District will be restricted to smaller-scale
buildings on a less-dense basis than what is encouraged in the Mixed
Use Rt 50/67 District where is appropriate to have a higher density
of development and more intensive uses. The Mixed Use and Burnt Hills
Commercial Districts are identified in the Comprehensive Plan as being
suitable for focusing future growth and water/sewer infrastructure.
The Table of Uses, Area, Frontage and Setback Requirements identifies
which uses are permitted by right, and those that require site plan
approval, or a special use permit (Attachments 3, 4 and 5).[1]
A.
All specially permitted uses also require site
plan review, which will be conducted by the Planning Board concurrently.
B.
Density and square footage bonuses may be used in both the Mixed Use Route 50/67 and Mixed Use Ballston Lake Districts. No density or square footage bonuses are allowed to be used in the Burnt Hills Commercial District. In the Mixed Use Route 50/67 and Ballston Lake Districts, the applicant must participate in the Town of Ballston Purchase of Development Rights (PDR) Program and Green Energy Incentive Program in order to receive a density bonus or building footprint size bonus pursuant to Article XXXIV for projects in the these districts.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
Each site proposed for development must be able to accommodate
all of the features of the project, including water and wastewater,
the parking areas, stormwater retention or drainage areas, landscaping,
buffers, sidewalks, design, green spaces, and other site features
that may be applicable.
A.
Purposes and intent. The standards provide design criteria
and suggest development approaches, which will help both the Town
and applicants consider issues of site organization, site design,
public spaces and architecture. The purposes are to:
(1)
Continue to attract appropriate development in order
to expand the economic and fiscal base of the community in a manner
that maintains the unique character of the Town with a high quality
of life;
(2)
Encourage the highest quality of architectural and
site design that is compatible with their surroundings;
(3)
Encourage buildings that provide an appropriate transition
between the commercial areas of the Town and the surrounding neighborhoods
and agricultural activities;
(4)
Encourage buildings that are protective of important
natural and public spaces and resources and that avoid or minimize
adverse impacts;
(5)
Establish a clear and consistent method for reviewing
plans for new buildings and renovation or alteration of existing buildings
and sites;
(6)
Reduce delays and confusion that developers, property
owners, or business operators may encounter during the design phase
of the proposed projects; and
(7)
Minimize land use conflicts.
B.
General design standards.
(1)
Encourage compatibility between residential and commercial
uses where existing residential zones abut commercial zones or where
residential uses are adjacent to commercial uses.
(2)
The variety of active uses should be complemented
with facades that are "animated" along the pedestrian ways.
(3)
Create a network and continuity of active spaces,
including sidewalks, and avoid disconnected spaces.
(4)
Design rooftops for visual interest and avoid a lack
of design attention.
(5)
Achieve compatible building styles and designs and
avoid incompatible elements.
(6)
Provide upgraded streetscapes, including appropriate
unified site furniture to encourage pedestrian activity, avoiding
dull/bleak streetscapes that discourage walking.
(7)
Incorporate street trees and pedestrian-scale lighting
(in addition to vehicles area lighting) to enhance the area.
(8)
Provide pedestrian crosswalks to enhance connections
across streets.
(9)
The design treatments for the area should be rich
with detail and high-quality materials to promote interest for users
and visitors.
C.
General design standards with more than one principal
building proposed. When more than one principal building is proposed
on any one site, the proposed development shall be guided by one of
the three following development scenarios:
(1)
Main Street. This scenario consists of small footprint
buildings lining NYS Route 50 or 67, with larger and additional smaller
footprint buildings lining the internal access roads, parking lots
positioned behind the buildings, and one or more parallel access road
linking to existing or providing for potential connections to future
adjacent developments in a grid-like street pattern.
(2)
Town Center. The Town Center scenario is laid out
with an internal access road anchored by larger footprint buildings
and lined with smaller footprint buildings located at the interior
of the site, thereby creating a center focal point. Parking lots are
located behind and to the side of buildings, and are screened from
main roads by the anchor buildings. Interconnections with adjoining
parking lots and connections to existing or future parallel access
roads are also required.
(3)
Town Green. This scenario provides a park-like area
as a focal point with a similar building layout as the above two scenarios.
It is not the intent of these regulations to force future developments
to build out identical to the three scenarios. Rather, the objective
of each scenario is to provide guidance for development to occur in
a predictable pattern with an orderly arrangement of buildings, efficient
networks of interior roads and sidewalks, and ultimately, walkable
streetscapes and pedestrian friendly environments.
D.
Specific design standards.
(1)
Unless otherwise stated, the following design standards are mandatory for all new buildings and structures. Each applicant for new land use and development shall comply with the required standards to achieve the goals and specific recommendations as set forth in the Comprehensive Plan and in accordance with the purpose and intent of the regulations as set forth herein. Where the following standards are stated as not mandatory, compliance is strongly encouraged. The term "shall" is interpreted as mandatory. The term "should" or "may" is interpreted as optional. Upon written application setting forth the reasons why a waiver of any provision of this section is necessary or desirable, the Planning Board may entertain such application. If the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of the proposed site, extraordinary hardship would result from the strict compliance with this section, it may waive certain provisions of this section so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent or purpose of the other articles of this chapter or Chapter 104, Subdivision of Land. In permitting such a waiver, the Planning Board may require such conditions as will, in its sole discretion, substantially secure the objectives of the standard requirements so changed or modified.
(2)
Building placement.
(a)
Front yard setback.
[1]
Buildings must present their main facade and
entrance toward the street. Buildings shall be oriented parallel or
perpendicular to public sidewalks and allow for parking in the rear
or side of the proposed structure.
[2]
On NYS Route 67 and 50, new buildings shall be
positioned no less than 20 feet and no greater than 70 feet from the
highway right-of-way, including provision for public plaza/entry plaza
or outdoor use, outdoor restaurant or other associated activities.
[3]
An additional twelve-foot setback shall be considered
at major road intersections and in areas identified by the Town Engineer
to provide adequate room for necessary intersection improvements.
[4]
On NYS Route 146A and other secondary roads that
are not NYS Route 50 or Route 67, setbacks of new buildings shall
be proximal to adjoining structures. Variations within the confines
of established setback standards are subject to Planning Board approval.
[5]
On internal roads (new ones are strongly encouraged
to link adjacent buildings and parking areas), buildings shall not
exceed a setback of 20 feet from the edge of pavement.
(3)
Street organization, on-street parking and restrictions.
(a)
New roads:
[1]
New internal access roads shall be required for
development involving more than one principal building on one parcel.
[2]
New internal access roads shall be required where
appropriate and practical for new development involving only one principal
building on one parcel.
[3]
Internal access roads shall create or continue
an interconnected network of streets laid out in walkable blocks.
[4]
Culs-de-sac and dead-end streets are prohibited,
except where topography or natural features make them necessary.
[5]
Well-defined ADA-compliant crosswalks, small
turning radii at intersections and other traffic calming elements
shall be incorporated. Vertical deflections, horizontal shifts, and
roadway narrowings shall be used in new roadway design to slow traffic.
They are intended to reduce speed and enhance the street environment
for pedestrians. Vertical deflections change the height of the roadway
that typically forces a motorist to slow down to maintain an acceptable
level of comfort and includes but is not limited to speed humps and
raised crosswalks. Horizontal deflections hinder the ability of motorists
to drive in a straight path and thus reduces speed. These include,
but are not limited to, chicane, realigned intersections, lateral
shifts, and mini-roundabouts. Roadway narrowings also slow vehicle
speeds and include but are not limited to corner extension/bulb-outs,
chokers, median islands, and on-street parking.
(4)
Off-street parking.
(a)
Location:
[1]
There shall be one row of parking allowed in
the front of a building with a maximum of nine spaces, with the remainder
positioned to the side and rear of the building if on-site parking
is provided. Subject to Planning Board approval, a double row of parking
may be allowable and shall not exceed a maximum of 18 spaces. All
other parking to the rear of the building is preferred, if on-site
parking is provided. All parking lots shall be ADA compliant.
[2]
Parking on the side of a building is also promoted
if additional parking is necessary.
[3]
If located at side of building, there shall be
a minimum five-foot landscape buffer between parking area and edge
of the sidewalk.
[4]
Landscape materials shall include trees, hedges,
shrubs or low walls of brick, wood, wrought iron, or an acceptable
substitute.
[5]
Shared access points are required to reduce curb
cuts unless lot configuration or other site conditions make it not
practical.
[6]
Cross easements shall be used where practical
to formalize shared access arrangements between business sites.
[7]
Peak period (spillover) parking areas with alternate
pervious paving materials are strongly encouraged and could include
grass pavers and gravel surfaces.
[8]
Structured parking with active uses at street
level is encouraged.
[9]
The sidewalk level facades of garages shall be
designed to obscure the view of parked cars.
(5)
Green space.
(a)
35% of the parcel(s) shall remain in green space.
Green space shall be organized in a meaningful and useful manner as
one or more pocket parks, squares, community greens, formal or informal
gardens, passive parks, and may include seating, bike racks, lighting,
and signage.
(6)
Screening and buffers.
(b)
Landscape screening and buffers shall be provided
and designed to separate business/commercial and single-family residential
land uses.
(c)
Adequacy, type, size, and arrangements of trees,
shrubs, and other landscaping shall constitute a visual screen and/or
buffer between the project site and adjoining land use properties,
and shall include the maximum retention of desirable or specimens
of existing vegetation. Parking, services, and loading/maneuvering
areas shall be reasonably landscaped and screened from view of adjacent
properties and from within the project site.
(7)
(8)
Public spaces.
(a)
Sidewalks and sidewalk material.
[1]
All development within the Mixed Use Route 50/67,
Mixed Use Ballston Lake, and Burnt Hills Commercial Districts shall
provide for sidewalks along the road frontage and within the site.
Sidewalks shall be constructed of concrete; brick, concrete or stone
pavers; or stone slabs and shall have a side-slope gradient not exceeding
2%.
(c)
Sidewalk connections.
[1]
Where sidewalk crosses a parking lot access drive,
the pedestrian paving pattern or striping shall continue uninterrupted
as a means of alerting pedestrians and drivers where their paths cross.
Where enhanced paver is used, the pattern generally shall abut the
asphalt. In these cases, a concrete band shall be added as a protective
edging between the asphalt and the decorative paving.
[2]
New sidewalks shall connect to adjacent properties.
[3]
Breakaway steel posts may be introduced at sidewalk
road crossings.
(d)
Sidewalk landscaping.
[1]
When no planting strip is present, street trees
shall be planted between the sidewalk and the building. All street
tree planting in paved areas should be covered with a porous hard-surfaced
grate. Trees should not be planted closer than seven feet to the building
line. All planted street trees shall be native species. Tree species
shall be native species and may include but not be limited to ash,
elm, maple, oak, or other shade tree as approved by the Planning Board.
[2]
When a planting strip is present between the
sidewalk and the curb, street trees shall be planted in the planting
strip.
[3]
One large deciduous tree for each 35 feet of
linear road frontage (minimum) shall be required. The street trees
should generally be evenly spaced to create or maintain a rhythm/pattern
and to create a streetscape where the mature trees will be dominant
landscape features.
(9)
Sidewalk retail.
(a)
Sidewalk retail uses are strongly encouraged.
(b)
Merchandise from sidewalks shall be removed at
the close of business.
(c)
No retail activity on the sidewalk shall obstruct
the safe passage of pedestrians on sidewalks and there shall be a
minimum four-foot-wide unobstructed path maintained at all times on
sidewalks.
(10)
Public plazas and outdoor dining.
(a)
Plazas.
[1]
Definition. An open space that is continuously
accessible to the public that may be landscaped or paved and is typically
surrounded by buildings or streets and open to the sky. Plazas usually
provide amenities such as seating, ornamental fountains, lighting,
and landscaping for use by pedestrians.
[2]
The following should be included in public plaza
and outdoor dining designs:
[a]
Incorporation of works of art into
the public spaces, exterior facade or entrance lobbies is encouraged.
[b]
Area should be landscaped with trees,
perennials, annuals, herbaceous shrubbery, ornamental lighting, and
benches.
[c]
Area should be constructed on side
of building that receives the most sunlight when possible.
[d]
Enhanced paving should be used to
accent important "places" outdoors: at entrances as a "welcome mat"
and in spaces where people congregate, pause or wait.
(b)
Outdoor dining.
[1]
Definition. A dining area of a designated size
with seating and/or tables located outdoors of a restaurant, coffee
shop, or other food service establishment, which is a) located entirely
outside the walls of the subject building; b) enclosed on two sides
or fewer by the walls of the building with or without a solid roof
cover; or c) enclosed on three sides by the walls of the building
without a solid roof cover. The seating may be in addition to the
indoor seating or it may be the only seating available for the restaurant.
The outdoor dining area must be visually and architecturally integrated
pursuant to the design standards.
[2]
The following standards apply to outdoor dining:
[a]
Sidewalk cafes should be temporary
structures and dismantled during winter months.
[b]
Structures should be consistent
with existing state regulation for safety.
[c]
No cafe shall obstruct the safe
passage of pedestrians on sidewalks and a minimum four-foot-wide unobstructed
path shall be maintained at all times on sidewalks.
[d]
If at side of building, an edge
matching the line of the building facade should be created, the edge
should be made of transparent fence made of wood or wrought iron at
a maximum height of four feet.
[e]
In no case should the fence/railing
combination prohibit views from the sidewalk into the cafe area.
(11)
Signage in the Mixed Use Route 50/67, Mixed
Use Ballston Lake, and Burnt Hills Commercial Districts.
(13)
Proportion.
(a)
Multiple-story buildings are strongly encouraged
with a maximum of two stories in the Burnt Hills Commercial District
and the Mixed Use Ballston Lake District, and a maximum of three stories
in Mixed Use Route 50/67.
(b)
In the Mixed Use Route 50/67 District, a three-story
structure shall be allowed only upon coordination with and approval
of local fire departments to ensure that suitable fire protection
can be provided for the proposed multistory buildings.
(c)
Maximum building height shall be 40 feet.
(d)
Maximum building footprint permitted are as follows:
(e)
For every 300 linear feet of building, one of
the following shall be provided:
(f)
First story height should be a minimum of 12
feet measured floor to floor.
(14)
(15)
Facade treatment and fenestration.
(a)
Overall facade composition shall break the building
down into smaller distinct portions to provide a small-scale impression
related to the pedestrian.
(b)
An entrance and wall recess (a minimum of five
feet in depth to allow the door to swing out without obstructing the
sidewalk) shall be provided every 75 feet on each side of a building
facing NYS Routes 67 or 50, or internal access roads.
(c)
Between each building entrance, one or more architectural
elements shall be provided to further breakup the building facade.
(d)
Building transparency and interior lighting is
important at the street level; consequently, ground floor levels facing
NYS Routes 67 or 50, or internal access roads, shall have a minimum
of 50% of transparent glass surface that is oriented vertically.
(e)
Upper floor windows should relate to the first
in shape, form, and pattern.
(f)
Upper story (stories) shall have a minimum of
30% transparency.
(g)
Windows should not be mounted flush to the exterior
of the facade.
(h)
The architectural treatment of the front building
facade shall be continued in its major features, around all visible
sides from the primary street.
(i)
Blank, windowless walls facing sidewalks, streets
and other public places are prohibited.
(16)
Awnings and canopies.
(a)
Awnings and canopies are strongly encouraged
on building facades that face public streets.
(b)
One awning sign shall be permitted for each window
or door of the facade covered by the awning. Any sign (logo and/or
lettering) on an awning shall not exceed 25% of the exterior surface
of the awning, or 100 square feet per building facade, whichever is
less.
(c)
Awnings to which signs may be attached must be
fastened to the facade of the building and not supported from the
ground; shall not extend more than seven feet from the facade; and
no portion of the awning shall be nearer than seven feet from the
ground.
(d)
All awning signs shall only identify the business
establishment occupied by the facade on which the awning is located.
(17)
Specialty equipment.
(a)
Rooftop mechanical equipment, satellite dishes,
antennas, etc., shall be screened so as to not be visible from public
view with the use of architecturally compatible materials, parapets,
sloped roof form or walls that are at least as high as the equipment
being screened.
(b)
Ground-level equipment such as dumpsters and
loading docks shall be screened so as to not be visible from public
view through the use of landscaping techniques, natural material walls
and fencing, or other design treatments compatible with the finishes
of the principal building.
