Each use listed in the use table below shall
be permitted in each zoning district in which the use is listed as
a permissible use.[1] Multiple principal uses shall be permitted on a single
lot, provided each use is a permitted use and the dimensional requirements
of this chapter are met, except that only one single-family or two-family
dwelling shall be permitted on a single lot. Permitted uses shall
be subject to all other applicable requirements of this chapter.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
[Amended 2-3-2011 by L.L. No. 6-2011; 11-20-2014 by L.L. No.
20-2014; amended 7-26-2018 by L.L. No. 9-2018; 6-24-2021 by L.L. No. 1-2021]
A.
An accessory use shall be permitted if:
(1)
The use is customarily incident and accessory to the principal use
and attached to the existing residence or building on the same lot.
(2)
The use to which it is accessory is a lawful use pursuant to the
provisions of this chapter.
(3)
The use does not result in or exacerbate any violation of the provisions
of this chapter.
B.
Any use listed as a permitted use in a district shall be permitted
as an accessory use in that district, subject to the above provisions,
and further provided that the combination of uses shall meet all other
provisions of this chapter.
C.
A private garage shall be permitted as an accessory use to a one-
or two-family dwelling if used by the owners or occupants of the premises
for nonbusiness uses only and so long as it is attached to the existing
residence.
D.
In an OR, HCOR, NCOR or COR Zoning District, a parking lot shall be permitted on a separate parcel subject to a special use permit pursuant to § 190-57 as an accessory use to a primary business if used by the owners or employees of the business for employee parking only, where the parking lot parcel and the primary business parcel share a common owner and where the parking lot parcel is contiguous to the primary business parcel but for a secondary Town road which separates the parcels. If either use is changed or sold, this accessory use shall be extinguished.
E.
In an HCOR, NCOR or COR Zoning District, a motor vehicle storage yard shall be permitted subject to a special use permit pursuant to § 190-57 as an accessory use to a primary business if used by the business as a motor vehicle storage yard, where the motor vehicle storage yard parcel and the primary business parcel share a common owner and where the motor vehicle storage yard parcel is contiguous to the primary business parcel but for a secondary Town road which separates the parcels. If either use is changed or sold, this accessory use shall be extinguished.
A.
Uses not permitted in a given zoning district. Any
use which is not listed in the Use Table[1] as a permitted use or authorized by special use permit,
planning special permit, or wireless telecommunications special use
permit in a given zoning district, or which is not an accessory use
to such a permitted use, shall be deemed prohibited in that zoning
district.
[Amended 5-1-2014 by L.L. No. 8-2014]
[1]
Editor’s Note: The Table of Permitted Uses is included as an attachment to this chapter.
B.
Uses not permitted in delineated buffer areas. No
building, parking, loading or storage area shall be permitted in any
buffer area delineated on the Zoning Map. No removal of live vegetation
or grading shall be permitted in such buffer areas except as related
to utility installation, a perpendicular crossing for a street or
access driveway, or landscaping enhancements, as approved by the Planning
Board pursuant to a site plan or subdivision review.
C.
Uses prohibited adjacent to the zone boundary line
of any Single Family Residence District or Multifamily Residence District
unless authorized by special use permit, planning special permit,
or telecommunications wireless special use permit.
[Amended 6-28-2007 by L.L. No. 10-2007; 12-20-2007 by L.L. No. 20-2007; 5-1-2014 by L.L. No.
8-2014; 11-20-2014 by L.L. No. 14-2014; 2-26-2015 by L.L. No.
3-2015; 11-19-2015 by L.L. No. 12-2015]
(1)
In the Route 5 Corridor Study Area [as defined in § 190-22M(12)], no portion of any building or structure occupied by a hotel/motel, bed-and-breakfast, inn, or boardinghouse shall be located within 500 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District.
D.
Airport Business Area District. In the Airport Business
Area District, any use shall be prohibited which will produce objectionable
noise, dust, vibrations, odors, noxious fumes or smoke or which emits
radioactive rays injurious to persons or animals or which pollutes
the air so as to make it injurious to the health of persons not engaged
in the process involved or injurious to plants, animals and/or structures
beyond the limits of the property on which such pollution originates.
The production of any of the above-mentioned by-products shall be
deemed to be objectionable if they can be distinguished beyond the
limits of the property in which they are created in the following
degree of intensity:
(2)
The vibration can be distinctly felt.
(3)
Dust settles from the air or floats through the air
and can be distinctly seen.
(4)
Odors can be plainly smelled.
(5)
Noxious fumes can be plainly smelled or their presence
detected by proper scientific apparatus.
(6)
Smoke is carried so as to obstruct clear vision of
the sky or carries along the ground where it may be breathed by persons
or animals.
(7)
Light flashes are of such brilliance that they are
disagreeable to the naked eye beyond the limits of the property upon
which they originate.
E.
Industrial District. In the Industrial District, any
use shall be permitted, except the following:
(1)
Manufacture or storage in bulk of explosives.
(2)
Chemical plant emitting corrosive or toxic fumes carrying
beyond the limits of the premises.
(3)
Any use which produces radiation, light, smoke, fumes
or odors of a noxious or harmful nature carrying beyond the limits
of the premises.
(4)
Circuses and carnivals.
(5)
Single-family, two-family or multifamily dwelling
units, except single-family farmhouse dwellings or single-family dwellings
accessory to a place of worship or school.
(6)
Mobile homes and mobile home parks.
F.
Short-term rentals. Short term rentals as defined in § 190-6 shall be subject to the following conditions:
[Added 9-9-2021 by L.L. No. 3-2021]
(1)
The
short-term rental property or parcel must be the owner’s primary
residence;
(2)
A
short-term rental may only be operated pursuant to a permit issued
by the Town of Colonie Building Department;
(3)
Any
permit obtained for a short -erm rental shall only be valid for one
year and shall be renewable on an annual basis;
(4)
Permits
shall be limited to one per owner per parcel;
(5)
The
number of permits issued annually shall be limited to 50 throughout
the Town of Colonie;
(6)
Any
parcel for which a resident seeks a permit shall be subject to an
inspection by the Town of Colonie Building Department. Inspections
shall be required on an annual basis;
(7)
Property
owners may not advertise short-term rentals on their premises.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
A.
Single-family dwelling or preschool. In any district,
a single-family dwelling or a preschool shall be permitted as an accessory
use to a school or place of worship.
B.
Dwelling unit, accessory. In any district, an accessory
dwelling unit, if accessory to a single-family or two-family dwelling,
shall be subject to the following provisions:
(1)
General requirements.
[Amended 6-24-2021 by L.L. No. 1-2021]
(a)
Accessory dwelling units shall be temporary, and occupancy shall
be restricted to individuals related to at least one owner-occupant
of the single-family dwelling in which the unit is placed. For the
purposes of this section, the relationship between the owner-occupant
and the occupant(s) of the accessory unit shall be a lawful family
relationship or the functional equivalent thereof.
(b)
An accessory dwelling unit shall require a building and zoning
permit issued by the Building Department of the Town of Colonie. The
applicant for an accessory dwelling unit shall be the owner-occupant
of the principal dwelling unit. A permit issued for an accessory dwelling
unit is temporary and shall cease when the applicant no longer meets
the conditions for such use.
(2)
Standards.
[Amended 6-24-2021 by L.L. No. 1-2021]
(a)
Number. There shall only be one accessory dwelling unit per
building lot. An accessory dwelling unit shall be attached to the
single-family dwelling.
(b)
Compliance with dimensional requirements. An accessory dwelling unit shall comply with the dimensional requirements that apply to the single-family dwelling in the zoning district in which it is located and shall include all finished space as defined in § 190-6.
(c)
Parking. Each dwelling unit shall have two designated off-street
parking spaces meeting the standards of this chapter and conveniently
located for access to the dwelling unit.
(d)
Adequacy of services. Water supply and sewage disposal facilities
must be sufficient to accommodate the additional demands of the additional
unit where conversion is proposed. Installation of a second water
meter shall not be permitted.
(e)
Limits on use. A permit for an accessory dwelling unit is temporary
and shall cease when the requirement of this section are no longer
met. To meet the requirement of discontinuance of use, the applicant
shall submit a decommission and restoration plan as part of his application
for the building and zoning permit. This plan shall detail the work
and cost of the work for all reconstruction and removal of improvements
associated with discontinuance of the accessory dwelling unit.
(f)
Discontinuance of use. The owner shall notify the Building Inspector
in writing within 90 days once the accessory unit is no longer needed,
the property is sold or if for some other reason the applicant no
longer meets the condition for such use. Upon notification, the building
and zoning permit for the accessory dwelling unit shall be terminated.
The applicant shall then comply with the terms of the restoration
plan within 90 days of the date of termination.
(3)
Application requirements.
(a)
Application: A written application shall be
submitted, on forms provided therefor by the Building Department,
signed by the applicant.
(b)
Evidence that the relationship to the owner-occupant
is consistent with the requirements of this section.
(c)
Building plans: The applicant shall provide
building construction plans for the accessory dwelling unit. Plans
shall meet the requirements of the New York State Uniform Fire Prevention
and Building Code and applicable codes of the Town of Colonie. At
a minimum, the plans shall include a floor plan of the principal dwelling
unit and the accessory dwelling unit.
(d)
Site plan: The site plan shall be drawn at a
scale of one inch equals 30 feet, unless the Building Department determines
otherwise, and show the following information:
[1]
The applicant's name and address.
[2]
The applicant's entire lot.
[3]
The location and size of all structures on the
applicant's lot, including the single-family dwelling unit, all accessory
buildings and structures, driveway and parking areas, easements, etc.
[4]
The proposed location, point of entry and size
of the accessory unit.
[5]
Building elevations of any proposed addition.
(e)
Restoration plan: The restoration plan shall
be a detailed plan for removal of the accessory dwelling unit and
shall identify those structures, exterior and interior walls, electrical
and plumbing improvements and the connections to public water and
sewer services to be retained and those to be removed upon cessation
of the accessory dwelling use. In particular, it shall include a removal
plan for all kitchen-related improvements facilitating the preparation
of food, including but not limited to such items as sinks, stoves,
counters and refrigerators. The plan shall include estimated restoration
costs for all reconstruction and removal of improvements as associated
with discontinuance of the accessory dwelling unit.
(4)
Permit renewal and registration.
(a)
Permit renewal: Once issued, a building and
zoning permit for an accessory dwelling unit shall be renewed by the
applicant on an annual basis until such time as the use shall cease.
The fee for annual renewal shall be established by the Town Board
by resolution from time to time. Failure to renew the permit shall
constitute a violation of this chapter.
[Amended 4-4-2019 by L.L.
No. 2-2019]
(b)
Registration: The applicant shall file the building
and zoning permit for an accessory dwelling unit as a deed restriction
with the Albany County Clerk's office and shall furnish proof of filing
to the Town. A permit for an accessory dwelling unit shall not be
renewed without proof of filing of the original permit.
C.
Common space parcels in realty subdivisions. In any
district, a parcel within a real property subdivision, owned and maintained
by a homeowners' association as common space for the use and benefit
of the owners of residential lots within that subdivision, shall be
permitted as accessory to the subdivision. The common space may be
required to be maintained as undeveloped open space as a condition
of approval of the subdivision or by other local, state or federal
regulation or may be improved with amenities for use by the lot owners
or their tenants or guests, if such amenities are not otherwise prohibited
or restricted. Such amenities may include a community building housing
shared recreational, dining and child-care facilities, recreational
playing fields, tennis courts, swimming pools and structures housing
congregate mailboxes. Parking facilities accessory to any such use
or for the common use of the lot owners or their tenants or guests
as an accessory to the residential use of the lots may also be provided.
For purposes of determining front yard, side yard and rear yard dimensions,
community buildings and swimming pools shall be considered to be principal
uses on the parcel. The area and dimensions of the parcel, and the
type, location, design, and conditions of use of such amenities, shall
be subject to approval by the Town Planning Board pursuant to review
under the subdivision provisions of this chapter.[1]
D.
Oversized vehicle restrictions.
(1)
In any district, no oversized vehicle shall be parked
on any public street or in the street right-of-way, except vehicles
actively assisting in an emergency, such as a fire or traffic accident,
or vehicles such as moving vans or delivery trucks in the process
of being loaded or unloaded.
(2)
In any district, no oversized vehicle shall be parked
or stored in the front yard of any single-family or two-family residence
unless the vehicle is registered and insured.
E.
Commercial vehicle restrictions. In SFR and MFR Districts,
no vehicle or equipment used primarily for commercial or other nonresidential
purposes shall be parked or kept on any lot or on any street or in
the street right-of-way, except:
(1)
Vehicles or equipment actively assisting in an emergency,
such as a fire or traffic accident;
(2)
Vehicles or equipment used in connection with active
permitted construction or maintenance activities on the lot or adjacent
street;
(3)
Vehicles such as moving vans or delivery trucks being
loaded or unloaded; or
(4)
Vehicles with a maximum gross vehicle weight rating
of 8,000 pounds, used by a business owner or employee for transportation
between his home and place of employment.
[Amended 11-19-2015 by L.L. No. 12-2015]
F.
Golf course accessory structures and parking. In SFR
and MFR Districts, no structure accessory to a golf course shall be
erected within 200 feet of the boundary of the property devoted to
such use, and no accessory parking area shall be located within 100
feet of said boundary.
G.
Mixed-use zone (OR, NCOR, COR, and HCOR) standards.
[Amended 6-28-2007 by L.L. No. 10-2007; 11-20-2014 by L.L. No. 18-2014]
H.
Restricted accessory uses in CO, COR, HCOR, NCOR,
and OR Districts. In a CO, COR, HCOR, NCOR or OR District, outside
storage of construction materials, equipment and/or overnight storage
of vehicles shall not be permitted as an accessory use to an office.
[Amended 2-3-2011 by L.L. No. 7-2011]
I.
Garden center in OR Districts. In an OR District,
a garden center shall be permitted as an accessory use to a farm or
nursery only.
J.
Fast food establishment in CO Districts. In a CO District,
a fast food establishment shall be permitted only as an accessory
use within a building containing a permitted principal use.
K.
Motor vehicle repair shop (major) in COR, HCOR and
ABA Districts. In COR, HCOR, and ABA Districts, a motor vehicle repair
shop (major) shall be permitted as an accessory use only to retail
sales of new motor vehicles or for maintenance of vehicles operated
by and incidental to the primary use of the premises.
M.
Specific special use permit and planning special permit
standards (in addition to the provisions of the detailed site plan
review and special permits article of this chapter).[3]
[Amended 6-28-2007 by L.L. No. 10-2007; 7-25-2013 by L.L. No.
13-2013; 5-1-2014 by L.L. No. 8-2014]
(1)
Bed-and-breakfast.
(a)
Preparation of food: Meals shall only be served
to guests taking lodging in the home.
(b)
Interior design standards: The architectural
integrity and arrangement of the existing interior spaces must be
maintained.
(c)
Exterior design standards: The exterior appearance
of the structure shall not be altered from its single-family character.
(2)
Community center. Exterior design standards: The exterior
appearance of the structure shall conform to the design standards
for the Commercial Office Residential (COR) District.
(3)
Dwelling, single-family and dwelling, two-family.
Although a single-family or two-family dwelling is allowed by special
use permit in an NCOR District, it is intended that these uses be
established in the context of a neighborhood-scaled, mixed-use setting.
Therefore, no existing lot shall be subdivided with the intent of
creating three or more building lots for single-family or two-family
dwellings.
(5)
Funeral home. In Neighborhood Commercial Office Residential
(NCOR) District, a funeral home shall not have a crematorium.
(6)
Mini-mart.
(b)
No fuel pump shall be located within 25 feet
of any lot line or within the required side or front yard, whichever
shall be more restrictive.
(c)
The site layout shall eliminate the necessity
of any vehicle backing into a public right-of-way.
(d)
Mini-marts shall:
[1]
Ensure that adequate parking is available on
site for customers making purchases at the store but not buying gasoline.
This parking area shall be located in such a manner that it does not
interfere with the safe entry and exit of vehicles purchasing gasoline.
[2]
Provide an enclosed trash dumpster for disposal
of stock packings removed by store employees and trash receptacles
for customer use on the premises.
[3]
Maintain no outdoor displays of merchandise.
[4]
Locate all vending machines inside the building.
[5]
Direct all rooftop heating/ventilation/air-conditioning
or refrigeration units away from adjacent residential properties.
(7)
(9)
Private club.
(a)
Any such club shall be incorporated pursuant
to the provisions of the Not-For-Profit Corporation Law and cater
exclusively to members and their guests or shall be an unincorporated
association subject to review by the Planning Board and which caters
exclusively to members and their guests.
(b)
Any such use shall not be conducted as a business
enterprise.
(c)
Layout, architectural design and landscaping
of the proposed facility must be compatible with the environmental
character of the surrounding neighborhood.
(d)
Club activity shall be indoor only.
(10)
Recreation field.
(a)
Outdoor facilities that may be expected to have
intensive use shall be screened from public view and from adjacent
properties by trees, hedges or other suitable shrubbery.
(b)
Outdoor lighting shall be limited to that necessary
for operational reasons and shall be so designed as to not be incompatible
with surrounding land uses.
(c)
Outdoor public address systems, entertainment
or other sounds shall be controlled so that they shall not be heard
beyond the facility's property lines.
(d)
One announcement sign, not over 12 square feet
in area, shall be permitted on each street frontage of the facility's
property, provided that it is set back at least 24 feet from all property
lines. Such sign may be lighted only by a shielded light source attached
to the sign.
(11)
Veterinarian.
(a)
All animal hospital facilities shall be maintained
in enclosed structures which shall be of soundproof construction and
so maintained as to produce no dust or odors at the property line.
(b)
Exercise pens and runways shall not be permitted
within 200 feet of any lot line or within 300 feet of any residential
district.
(c)
Permitted operations shall not include the boarding
of animals or the operation of a kennel, except that the boarding
of animals related to a course of medical treatment shall be permitted
during the period of such treatment.
(d)
There shall be proper facilities and personnel
to ensure that trash, animal waste and other debris generated by the
facility are properly disposed of.
(e)
Outdoor storage of refuse, feed or other material
and on-site incineration of refuse are not permitted.
(12)
Hotels within Route 5 Corridor Inventory Study Area.
(a)
The Route 5 Corridor Inventory Study Area consists of the following
area: Beginning at a point on the center line of Route 5/Central Avenue,
where said line is intersected by the boundary between the Town of
Colonie to the south and the City of Schenectady to the north, running
thence southeasterly along the center line of Route 5/Central Avenue
to a point where said line is intersected by the boundary between
the Town of Colonie to the north and the City of Albany to the south,
and extending 1,000 feet on either side of the center line of Route
5/Central Avenue, excluding those parcels of land located in the Village
of Colonie.
(b)
A planning special permit must be obtained for any application
within the Route 5 Corridor Inventory Study Area to construct a new
hotel/motel, bed-and-breakfast, inn, or boardinghouse; to make any
addition or expansion to an existing hotel/motel, bed-and-breakfast,
inn, or boardinghouse; to restore a damaged hotel/motel, bed-and-breakfast,
inn, or boardinghouse; to renovate an existing hotel/motel, bed-and-breakfast,
inn, or boardinghouse where the renovation will result in an increase
in occupancy; or to make any alteration pursuant to the NYS Fire Prevention
and Building Code to an existing hotel/motel, bed-and-breakfast, inn,
or boardinghouse. A planning special permit is not required for ordinary
repairs or cosmetic changes.
[Amended 2-26-2015 by L.L. No. 3-2015]
(c)
Such applications must fully comply with the provisions related to special use permits, planning special permits and site plan review of Article XI of this chapter, in addition to the specific requirements stated herein.
(d)
Such applications for hotels/motels, bed-and-breakfasts, inns,
or boardinghouses that border on single-family residential areas shall
also provide designs that protect the interests of the single-family
residential area and which are compatible with the single-family residential
nature of the area.
[Amended 2-26-2015 by L.L. No. 3-2015]
(e)
Such applications must also demonstrate the need and market
demand for another hotel/motel, bed-and-breakfast, inn, or boardinghouse
in the Route 5 Corridor Inventory Study Area, using objective economic
data as the basis for the review.
[Amended 2-26-2015 by L.L. No. 3-2015]
(f)
Such applications must also identify pedestrian traffic generated
by the proposed project, specifying pedestrian access to sidewalks
and crosswalks on Route 5, as well as show coordination with the New
York State Department of Transportation related to mid-block crossings
on Route 5.
N.
Dwelling unit, extended-family. In any district, an extended-family
dwelling unit, if accessory to a single-family dwelling, shall be
subject to the following provisions:
[Added 11-20-2014 by L.L. No. 15-2014]
(1)
General requirements.
(a)
Extended-family dwelling units shall be temporary and occupancy
shall be restricted to individuals related to at least one owner-occupant
of the single-family dwelling in which the unit is placed. For the
purposes of this subsection, the relationship between the owner-occupant
and the occupant(s) of the accessory unit shall be lawful family relationship
or the functional equivalent thereof.
(2)
Standards.
(a)
Number. There shall only be one extended-family dwelling unit
per building lot.
(b)
Compliance with dimensional requirements. An extended-family
dwelling unit shall comply with the dimensional requirements that
apply to the single-family dwelling in the zoning district in which
it is located.
(c)
Parking. Each dwelling unit shall have two designated off-street
parking spaces meeting the standards of this chapter and conveniently
located for access to the dwelling unit.
(d)
Adequacy of services. Water supply and sewage disposal facilities
must be sufficient to accommodate the additional demands of the additional
unit. Installation of a second water meter shall not be permitted.
(e)
Limits on use. An extended-family dwelling unit is temporary
and shall cease when the requirements of this section are no longer
met.
O.
Wholesale business and warehouse storage/distribution in COR Districts.
In a COR District, a wholesale business use and a warehouse storage/distribution
use shall be permitted pursuant to a special use permit where the
building is 60,000 square feet in size or less.
[Added 11-19-2015 by L.L.
No. 12-2015]
[Amended 5-1-2014 by L.L. No. 8-2014]
The provisions of this article, except those
related to planning special permits, shall be primarily administered
and enforced by the Building Department, which shall have the power
to make necessary inspections. The provisions of this article related
to planning special permits shall be primarily administered and enforced
by the PEDD, which shall have the power to make necessary inspections.
