Access. Project proposals shall be proximate to a major road and shall have direct access to an arterial or major local street, except when such an arterial or street shall exclusively serve single-family residential neighborhoods. Further, any development with only one access road shall have an alternate clear accessway available for the use of emergency vehicles.

(2)

Utilities. No project proposal shall be considered unless adequate public water supply and sewage disposal are available.

Landscaping requirements. All projects shall be suitably landscaped as required in § 220-21, including the provision of effective screening along the property boundaries, including side and rear boundaries abutting streets.

Open space requirements. Every project shall have suitable open space available for the use of the residents therein. A ratio of 400 square feet per dwelling unit shall be provided. Development of this open space for passive and/or active recreational uses, including swimming pools, shall be provided in a suitable manner. Required yard areas may be considered as long as access to them is not prohibited by fencing or other means. Off-street parking areas, access drives and streets shall not be included in such assessment.

Building spacing and layout. Buildings shall be located so that the privacy of individual units is protected, so that their arrangement creates usable open spaces and a satisfactory environment for the residents and avoids monotonous and undifferentiated silhouettes. In no case shall buildings be closer to one another than 25 feet.

Parking requirements. In addition to the requirements of §§ 220-19 and 220-20, the following shall apply:

(1)

Spaces. There shall be a minimum of two parking spaces per apartment. At least one of these spaces must be enclosed or under cover.

(2)

Parking areas. Parking areas shall be distributed so as to service the individual dwelling units. As a general standard, no resident should have to travel more than 200 feet between his car and dwelling unit. Parking lots shall be adequately designed, landscaped and screened so as to conform to all applicable regulations; provide for adequate access and traffic circulation; and prevent headlights from shining into dwelling units. Maneuvering area for moving vans shall be reasonably provided throughout so as to provide convenient access to individual units.

Pedestrian circulation. Sidewalks and pathways should be integrally designed so as to provide safe and convenient access between buildings and internal recreation, parking, service areas and public transportation routes.

Lighting. Outdoor lighting may be required in parking areas and along streets, access drives, sidewalks and pathways and wherever deemed necessary so that the safety of the residents shall be ensured. Lighting fixtures shall be designed at a scale compatible with purposes served and of such intensity so as not to reflect or to cause glare on public streets, adjacent residential uses or in dwelling units therein. Lighting shall be maintained in an operable condition.

Nonresidential uses.

(1)

Convenience service uses. Convenience uses shall not comprise more than 5% of the rentable floor area of any multiple-family complex of single ownership, and such facilities shall be located within a separate building and be so located as to be integrated to function and relate to the residents therein. The maximum floor area of such use shall be 1,500 square feet. The minimum off-street parking and loading standards and permitted sign standards of the retail convenience stores in the C-N District shall be applied.

(2)

Utilities. Public utility substations, pumping stations and telephone exchange and switching stations shall be located within completely enclosed buildings that harmonize with the character of the adjacent neighborhood and, in the case of electric and gas utility substations, shall provide adequate screening and landscaping as provided in § 220-21.

Signs. In addition to the regulations of § 220-22A(10), one sign may be permitted at each access point to the site. In addition to the principal sign(s), any number of directional signs, each not to exceed four square feet in area and eight feet above average grade, may be permitted. Signs for convenience service uses shall be limited to one externally lit wall sign not to exceed 20 square feet in area.

[Amended 12-8-1998 by L.L. No. 8-1998]

Planning Board consideration. Recognizing that it is cumbersome and self-defeating, if not impossible, to anticipate all possible design contingencies, the Planning Board reserves the right to raise any other related questions and requirements as may be appropriate in achieving the intent of this section.

§ 220-26.1 Hotels. inns and motels.

[Added 8-17-1999 by L.L. No. 12-1999]

In addition to the regulations given in Articles IV and VIII, the following shall apply to all inns and hotels:

Dimensional regulations.

(1)

Minimum lot size = 2 acres.

(2)

The maximum dwelling units per gross acre shall be 30.

(3)

Maximum building height = 35 feet.

(4)

Maximum number of stories = 3.

(5)

Site coverage. The maximum site coverage by all buildings and structures shall be 20% of the total area.

(6)

Yard requirements.

(a)

Building(s) shall be no closer than 70 feet to the street line of any arterial street.

(b)

Building(s) shall be no closer than 40 feet to the defined project property line.

Access. Project proposals shall abut a major or minor arterial and shall have proximate access to that major or minor arterial. Further, any development with only one access road shall have an alternate accessway available for the use of emergency vehicles.

[Amended 5-1-2007 by L.L. No. 6-2007]

Landscaping requirements. All projects shall be suitably landscaped as required in § 220-21, including the provision of effective screening along the property boundaries.

Open space requirements. Every project shall have suitable open space for the use of guests. The minimum open space shall be 30% of the total area. Development of this open space for passive and/or active recreational uses, including swimming pools, shall be provided in a suitable manner. Required yard areas may be considered as open space as long as access to them is provided. Off-street parking areas, access drives and streets shall not be included in such assessment.

Parking requirements. In addition to the requirements of §§ 220-19 and 220-20, there shall be one space per dwelling unit, plus one space per employee in the maximum shift, plus one space for every three persons maximum occupancy of any convention, restaurant or barroom facility.

Pedestrian circulation. Sidewalks and pathways should be integrally designed so as to provide safe and convenient access between buildings, structures and internal recreation, parking and service areas and public transportation routes.

§ 220-27 Mobile homes and mobile home parks.

Mobile home use. Mobile homes shall be restricted for residential use, except that they may serve as temporary structures in conjunction with construction projects. Such temporary structures may exist for the duration of such construction, provided that they shall be removed within 30 days of completion of said construction. No such nonresidential structure shall be located on any site for more than one year, except with the permission of the Planning Board.

Mobile home location. No mobile home shall be located in the Town of Niskayuna except within a mobile park or as provided in § 220-51C of this chapter.

Mobile home park location. Mobile home parks shall be located in those districts as provided in Article IV of this chapter.

Mobile home park review. Mobile home park proposals shall be reviewed according to the procedures of Article VIII of this chapter, shall conform to all provisions of this chapter and shall be subject to the following requirements:

(1)

Size. A mobile home park shall have a minimum lot area of 10 acres.

(2)

Stand clearances. Mobile home stands shall be located with the following minimum clearances:

(a)

Sides: 25 feet from adjacent stands or access roads.

(b)

Ends: 20 feet from adjacent stands and 15 feet from access roads.

(c)

Lot lines: 30 feet from exterior lot lines.

(3)

Access. A mobile home park shall have access from a public arterial or major local street and at least one but not more than two points of egress and ingress.

(4)

Roads. A mobile home park shall have roads with a paved surface of at least 20 feet in width and built to standards for local Town streets. Each mobile home lot shall have direct access to such roads.

(5)

Parking. At least one off-road parking space shall be provided for each mobile home located on the lot or within 50 feet of such home. In addition, there shall be at least one off-road parking space for each two mobile home stands in the park, and these shall be located throughout the park. Each parking space shall have convenient access to a roadway.

(6)

Recreation area. A usable area exclusively for recreational purposes shall be provided and equipped within the mobile home park and shall be equal in area to at least 400 square feet for each mobile home stand.

(7)

Screening. A mobile home park shall provide a landscaped area at least 25 feet wide along all exterior lines of the park and street frontages. Such areas shall be suitably planted and maintained to provide visual screening from adjacent properties and streets as required in § 220-21.

(8)

Utilities. A mobile home park shall have water and sanitary sewage disposal systems in accordance with the regulations of and approved by the State of New York. Such systems shall connect with public water and sewerage systems where such exist. Each mobile home stand shall have separate, suitable and approved water and sewage disposal and electrical systems or connections.

(9)

Laundry facilities. Adequate laundry facilities shall be provided.

(10)

Storage. Enclosed storage facilities shall be provided and conveniently located with a minimum of 175 cubic feet of space for each mobile home stand.

Travel trailers. Travel trailers shall not be used as dwellings and shall not be stored within a mobile home park unless they are owned by residents of the park and they are stored in a screened area separate from the mobile home stands.

Annual inspections. The Building Inspector shall annually inspect the premises of a mobile home park at a time mutually agreed to by himself and the owner and/or manager of said park so as to ensure compliance with the provisions of this chapter. The Zoning Enforcement Officer shall report any violations of this chapter to the owner and manager. Such violations shall be corrected within 30 days of such report or be subject to the penalty provisions of this chapter.

§ 220-28 Average density development.

Purpose. The purpose of this section is to permit variation in lot size and housing type in suitable areas in order to encourage flexibility of design, facilitate the adequate and economical provisions of streets and utilities and preserve the natural and scenic qualities of open space, in accordance with the intent of § 281 of the Town Law of New York State.

Conditions for lot size reduction. The purposes are achieved by permitting lot size to be reduced in a subdivision tract if:

[Amended 4-16-1981 by Res. No. 126]

(1)

The overall density does not exceed that which is permitted in the applicable zoning district; and

(2)

The land thus gained is preserved as permanent open space for the use of the residents of the area.

[Amended 6-5-1984 by Res. No. 175]

Determination. The Town Board shall have the right to issue or deny special use permits for average density development following the requirements set forth herein.

Material to be submitted. Application for a special use permit for average density development shall be made to the Zoning Enforcement Officer in quadruplicate in the manner set forth in § 220-67C of this chapter. Within 14 days of receipt of an application for a special use permit for average density development, the Zoning Enforcement Officer shall forward two copies of said application and all related materials to the Town Board in accordance with § 220-67F(4) of this chapter. Concurrent with this submission to the Zoning Enforcement Officer, the applicant must submit a plan to the Planning Board for consideration under Chapter 189, Subdivision of Land, of the Code of the Town of Niskayuna.

Mandatory referral to the Planning Board. The Town Board shall, within 14 days of receipt of the application from the Zoning Enforcement Officer, refer one copy of the above to the Planning Board for preliminary site plan review and report under the provisions of Article VIII of this chapter.

Requirements for average density developments. In addition to the criteria for review established by Article VIII of this chapter, the Planning Board shall apply the following standards in their site plan review of average density development projects:

(1)

Where permitted. This section applies only to lands zoned R-R and R-1.

[Amended 6-5-1984 by Res. No. 175]

(2)

Dimension requirements.

(a)

Minimum area. The minimum area required to apply the provisions of this section shall be 10 contiguous acres of land.

(b)

Lot size variation.

[Amended 4-16-1981 by Res. No. 126; 6-5-1984 by Res. No. 175]

[1]

The size(s) of lots in an average density development may vary from the normal requirements of the district in which they are located, but no dimension or area requirement for the district shall be reduced by more than 50%.

[2]

Lands associated with a structure on which attached single-family dwelling units are located shall be considered a lot for the purposes of applying standards for yard dimensions.

[3]

Lots of detached single-family dwellings and those portions of land on which attached single-family dwelling units are located shall be used when determining the reduced lot size to be set aside for open space purposes. [See Subsection F(4)(a).]

(3)

Dwelling units.

(a)

Maximum in project. The maximum number of dwellings shall be determined from the preparation of a conventional subdivision sketch plan of the project area. The sketch plan shall be prepared in conformance with Chapter 189, Subdivision of Land, and the provisions of this chapter for detached single-family dwellings and shall include designated park areas. Where two or more zoning districts are involved, the standards for the applicable zoning district shall be applied to each part of the project area. The number of dwelling units permitted in each district will then be added together for the total number of dwelling units permitted. The permitted number of building plots or dwelling units shall not exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. Consideration of terrain, topography, drainage, flooding potential and other natural conditions must be considered in determining the maximum number of dwellings in the project.

[Amended 4-16-1981 by Res. No. 126; 6-5-1984 by Res. No. 175]

(b)

Dwelling unit types. A minimum of 40% of the total number of project dwelling units shall be single-family detached units with the remaining units being townhouses or semidetached units.

(4)

Open space requirements.

[Amended 4-16-1981 by Res. No. 126; 6-5-1984 by Res. No. 175]

(a)

Quantitative considerations. The subdivider shall set aside for open space purposes the same percentage of the entire proposed development as that by which the total of the lot areas have been reduced.

(b)

Qualitative considerations.

[1]

Land reserved for open space shall, in the judgment of the Planning Board, be in a location(s), of a size and shape and of a type or character suitable for the purposes for which such land shall be primarily reserved. Types may include playgrounds, neighborhood parks or a natural or conservation area such as a natural watercourse. As a portion of the submittal to the Planning Board, the subdivider shall propose conditions to be established for continuing ownership and maintenance of the open space land. The Planning Board may require that the open space be located at a suitable place on the edge of the subdivision so that additional land may be added at such time as the adjacent land is subdivided.

[2]

Homeowners' association charters shall provide that, in the event of default by the association, the Town can take over the continuing ownership and maintenance of all open space lands and tax landowners accordingly.

[3]

Homeowners' association charters shall address an obligation on the part of all homeowners in the development to adhere to maintenance and appearance standards established by the association and which are acceptable to the Town.

(c)

Minimum width. Reserved open space shall not be narrower than 200 feet, except where necessary to provide a pathway or other means of access. An easement for a natural watercourse dedicated to the Town may be considered as open space for the purpose of this regulation if such easement is at least 200 feet wide. Open space shall be arranged to provide an area of adequate size and shape so as to be of value to the residents.

Action on application by the Planning Board. Upon receipt of the application from the Town Board, the Planning Board shall conduct a public hearing and report to the Town Board on the preliminary site plan within a reasonable time of the receipt of the above material and of any additional material it has required the applicant to submit.

Considerations in report. In addition to the considerations set forth in §§ 220-59 and 220-46B of this chapter, the Planning Board shall also determine that:

(1)

Such development shall not be detrimental to the health, safety or general welfare of the persons residing in the vicinity or injurious to property or improvements within its proximity; and

(2)

The proposed development is in conformity with the objectives of the Comprehensive Plan, especially as the proposal relates to the implementation of highways, parks and the preservation of scenic and open space areas.

Standards for granting special use permits for average density development. Such special use permits shall be granted only under the conditions set forth in § 220-60.

Mandatory referral to the Schenectady County Department of Planning. Application shall be referred to the Schenectady Department of Planning as required in § 220-61.

§ 220-29 Home occupation uses.

[Amended 10-27-1992 by L.L. No. 8-1992; 9-2-1997 by L.L. No. 11-1997; 2-26-2008 by L.L. No. 1-2008; 10-22-2013 by L.L. No. 4-2013; 1-3-2017 by L.L. No. 1-2017]

A "home occupation" is an occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which is carried on by a member of the family residing in said dwelling unit.

Registration and permit renewal; fees.

(1)

Registration. The applicant shall file a building and zoning permit to register the home occupation, along with a permit fee of $75.

(2)

Permit renewal. Once issued, a building and zoning permit for a home occupation shall be renewed by the applicant on an annual basis until such time as the business shall cease. There shall be a charge of $25 for each renewal. Failure to renew the permit shall constitute a violation of this chapter.

(3)

De minimis uses. Registration is not required for home occupations where all of the following conditions are met:

(a)

No physical change to the exterior of a principal or accessory structure is required to accommodate the home occupation;

(b)

The use is conducted on the site solely by persons utilizing the home as their primary residence;

(c)

The home occupation has no nonresident employees; and

(d)

No customers, including, but not limited to patients and clients, are expected to enter the property or dwelling.

General conditions.

(1)

Where permitted. One home occupation use is permitted in any residential dwelling unit or building or structure accessory thereto.

(2)

Extent of use. Such use may occupy not more than 20% of the gross floor area of the dwelling unit nor 15% of the gross floor area of the dwelling unit and accessory structures and buildings; and such use shall be carried on solely and wholly within the principal building or within such accessory structure(s) or building(s).

(3)

Evidence of use. There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.

(4)

Exterior sign. In addition to the regulation of Schedule I, Column 7,[1] one unanimated, nonilluminated sign of not more than two square feet attached to the building is permitted.

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

(5)

Parking. One off-street parking space for every 200 square feet of home occupation use shall be required if persons other than members of the family will be entering upon the property or entering the dwelling for purposes relevant to the home occupation.

(6)

Nuisance elements. No offensive noise, vibration, smoke, dust, odor, heat or glare shall be produced.

(7)

Employees. In addition to members of the family residing in the residential dwelling unit, not more than one additional person shall be employed in the home occupation, except that there may be two additional persons employed in a home occupation located on a major arterial.

Permitted uses. Such uses include an art studio, that is not a place of instruction; private music lessons or tutoring of not more than one student at a time; dressmaking and tailoring; office of a physician, dentist, lawyer, engineer, architect, real estate or insurance broker or agent or accountant; writing; telecommuting; telephone service only for any occupation; internet or software-based website or application development; or other uses of a similar nature.

§ 220-30 Portable storage units and temporary bulk waste containers. [1]

[Added 8-31-2010 by L.L. No. 5-2010]

Definitions. As used in this section, the following terms shall have the meanings indicated.

PORTABLE STORAGE UNIT

A container designed, constructed, and commonly used for nonpermanent placement on property for the purpose of temporary storage of personal property.

TEMPORARY BULK WASTE CONTAINER

A container or receptacle designed to receive, transport or dump trash, waste or other materials associated with residential or commercial remodeling. This definition shall include, but is not limited to, rolloff dumpsters

General conditions.

(1)

Before placing a portable storage unit or temporary bulk waste container on his or her property, a person must submit an application and receive a building permit from the Town of Niskayuna Building Department. An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the portable storage unit or temporary bulk waste container must accompany the application. Applications are available in the Building Department and on the Town's website.

(2)

Permits will be granted for thirty-day periods. The first 30 days are free, but an applicant must submit a building permit application. For the second thirty-day period, the $25 permit fee is required. At the expiration of the second thirty-day period, applicants may seek one renewal for an additional 30 days at a cost of $25.

(3)

Portable storage units and temporary bulk waste containers are prohibited from being placed in streets or the front yard of a property. Portable storage units and temporary bulk waste containers kept in the driveway of the property must be at the furthest accessible point from the street without blocking entrances or exits of any pedestrian doors or accessory structures. All locations must be paved off-street surfaces. The applicant must obtain preapproval of the location by the Town of Niskayuna Building Inspectors in the following situations:

(a)

If the property does not have a driveway.

(b)

If the location of the unit in the driveway is in front yard of the property.

(c)

If the property is a corner lot.

(4)

Only one portable storage unit and one temporary bulk waste container may be placed at any residential property at one time.

Violations and penalties. Any person or persons who shall violate any of the provisions of this section shall be guilty of an offense and shall be punishable by a minimum fine of $50 but not more than $500, or imprisonment for not more than 15 days, or both. Each day that a violation continues shall be deemed a separate offense.

[1]

Editor's Note: Former § 220-30, Swimming pools, as amended, was repealed 6-1-2004 by L.L. No. 14-2004.

§ 220-31 Care homes.

Types of care are as follows:

(1)

Skilled nursing care provides, in addition to room and board, those nursing services and procedures employed in caring for the sick which require training, judgment, technical knowledge and skills beyond those which the untrained person possesses. It involves administering medications and carrying out procedures in accordance with the orders, instructions and prescriptions of the attending physician or surgeon.

(2)

Personal care provides in addition to room and board, personal services such as help in walking and getting in and out of bed; assistance in bathing, dressing and feeding; preparation of a special diet; and supervision over medications which can be self-administered.

(3)

Residential care provides primary room and board with limited services such as laundry, personal courtesies such as occasional help with correspondence or shopping and a helping hand short of routine provision of personal care described above.

(4)

A nursing home is a medical-related facility providing skilled nursing care and must comply with all New York State Department of Health Regulations.

Location. Care homes and/or nursing homes may be located as special principal uses in R-1, R-2 and R-3 Zoning Districts. Sites should be reasonably accessible to the center of community activities, physician services and medical facilities and located within the service area of a Fire Department. Public transportation within a reasonable distance is desirable. Sufficient space suitable for outdoor recreation should be available. The outdoor noise level at a care home and/or nursing home should be minimal.

Access. Care homes and/or nursing homes must have access from an arterial road and have at least one, but not more than two points of egress and ingress.

Size. Minimum lot size in R-1, R-2 and R-3 Districts shall be five acres.

Number of beds. The number of beds in any facility shall not exceed a maximum of 15 beds per acre.

[Amended 4-20-1999 by L.L. No. 5-1999]

Structure location.

(1)

All buildings or structures shall meet the lot size, coverage, side, rear and front yard requirements as set forth in Schedule I for the zoning district in which they are located.

[Amended 4-20-1999 by L.L. No. 5-1999]

(2)

Care homes and/or nursing homes or part thereof shall not be located within 200 feet, measured along contiguous street frontages of any fire station, public or private elementary or high school or gasoline service station.

Parking. Off-street parking spaces are to be provided as follows: one space for each four beds, plus one space for each registered or licensed practical nurse, plus one space for each two employees other than nurses, except that for residential care and personal care homes, there shall be one space for each three beds.

[Amended 4-20-1999 by L.L. No. 5-1999]

Open space and screening.

(1)

Open space, compact shrubbery, evergreen planting and/or planting of shrubbery, trees or vines shall be provided as the Planning Board may determine as reasonable and proper to afford adequate screening and usable open space in addition to meeting the general requirements of § 220-21.

(2)

These additional considerations are for the purpose of protecting any adjacent residential uses by some visual barrier and to provide outdoor privacy for care home and/or nursing home residents.

Governmental approvals. Approval or endorsement of any proposal for care homes and/or nursing homes from the New York State Department of Health, the New York State Department of Public Welfare, the Schenectady County Health Department, the Niskayuna Health Office, the Fire Department and/or other applicable federal, state, County or Town agency shall be demonstrated to the Planning Board prior to disposition of the final site plan review.

[Amended 4-20-1999 by L.L. No. 5-1999]

§ 220-32 Recreational boating facilities.

[Added 5-1-1973 by Res. No. 160]

For purposes of this chapter, facilities for recreational boating have the common purpose of providing a point of transition for boatsmen from land to water. Such facilities can range from a marina, a comparatively elaborate form of development catering to every need of boatsmen as well as nonboaters to simple launching ramps or docks for the purpose of providing nothing more than access to water.

Location. Recreational facilities may be located in L-C and R-R Districts having frontage along or access to the Mohawk River.

Land area. Minimum acreages for recreational boating facilities are as follows:

Facility	Area
Launching dock	30,000 square feet
Launching ramp	2 acres
Small boat dock (for craft up to 20 feet in length)	5 acres
Berthing slips	25 acres

Mooring facilities. Maximum mooring facilities are as follows:

Facility	Number of Craft per Acre of Land
Docks for nonmotorized craft	30
Small boat dock	20
Berthing slips	10

Automobile and trailer parking.

(1)

Parking for trucks or cars without trailers will be provided to meet these minimum requirements:

(a)

Each launching dock: 20 parking spaces.

(b)

In addition, for each proprietor, caretaker or employee: one space per individual.

(2)

Drive-through parking areas for cars and/or trailers will be provided to meet these minimum requirements:

(a)

Each launching ramp: 40 parking spaces to accommodate cars with trailers.

(b)

In addition:

[1]

For each mooring site: one per site.

[2]

For each permanent berth or mooring: 1 1/2 per berth or mooring.

[3]

For each proprietor, caretaker or employee: one per individual.

Sewage disposal. When required by regulation, facilities for pumping and storing of liquid and solid wastes and garbage from marine craft are to meet the minimum standards of the New York State Department of Health.

Marine convenience stores. As applicable, marine convenience commercial facilities may be provided as long as such marine convenience stores meet ordinance standards for retail convenience stores (Schedule I-D, C-N District),[1] including off-street parking if such facilities are available to nonboaters.

[1]

Editor's Note: Schedule I-D is located at the end of this chapter.

Fueling facilities. As applicable, fueling facilities may be treated as a marine convenience facility (see Subsection G), except that fuel pumps may be located at water's edge, provided that proper safeguards are provided against oil and gasoline spills; such safeguards are to be specified at time of site plan approval.

Restaurant facilities. As applicable, restaurant facilities may be included in a recreational boating facility, provided that it is in character with the recreational concept of the facility and such restaurants meet ordinance standards for retail and service stores (Schedule I-D, C-N District),[2] including off-street parking if such facilities are available to nonboaters.

[2]

Editor's Note: See Schedule I-D located at the end of this chapter.

Private yacht club. In addition to meeting all land requirements for recreational boating facilities, a private yacht club must meet the standards established in the ordinance for private yacht clubs (Schedule I-A, R-R District).[3]

[3]

Editor's Note: Schedule I-A is located at the end of this chapter.

Apart from the separate requirements cited in this section, the total area of buildings plus parking areas in a recreational boating facility shall not exceed 75% of the total land areas of the facility. For purposes of meeting this requirement, any public lands leased or available from a local, state or federal agency may be added to lands privately owned or leased.

§ 220-32.1 Adult day-care facilities.

[Added 12-19-1989 by Res. No. 89-322]

Type of care. An adult day-care facility provides daytime care for adults who are physically handicapped or cognitively impaired. An adult day-care facility provides primarily social care with professional assistance to the client but does not provide for continuous nursing and/or medical care.

Minimum standards. Adult day-care facilities shall be in substantial agreement with the recommended Standards for Social Adult Day Care as prepared by the New York State Office for the Aging, New York State Department of Social Services, until such time as either the federal, state or County government promulgates regulations governing such facilities, whereupon adult day-care facilities shall comply with said regulations.

Occupancy. The number of participants shall be limited to a maximum of one participant per 150 square feet of gross floor area.

Participant/staff ratio. The recommended participant-to-direct-service-staff ratio shall be a maximum of five to one.

Construction. The exterior appearance of the building must be consistent with the prevailing architecture of the neighborhood.

Open space and screening. A minimum green space of 25% shall be provided. Screening and fencing shall be provided as the Planning Board determines reasonable and proper for the location of the same.

Government approvals. Granting of a special permit by the Town Board shall be conditioned on such approvals as may be required by involved federal, state or County agencies.

§ 220-32.2 Child day-care centers.

[Added 12-19-1989 by Res. No. 89-322]

Type of care. A child day-care center is a facility whose program provides care for three or more children away from their home for more than three hours but less than 24 hours.

Minimum standards. A child day-care center shall be licensed by and operated in accordance with 18 NYCRR Part 418 of the New York State Department of Social Services.

Location. In residential zones, child day-care centers shall be operated within a school, hospital or place of worship. In all nonresidential zones, child day-care centers shall be located on the same lot as the principal use, except that in the C-N Zone, day-care centers may be located in independent buildings and mixed-use buildings with shared parking facilities, and in the R-P Zone, child day-care centers may be located in independent buildings or operated within a school or place of worship.

[Amended 4-2-1991 by Res. No. 91-101; 6-3-1997 by L.L. No. 9-1997; 6-29-2010 by L.L. No. 3-2010]

Size. In all nonresidential zones except C-N and R-P, the gross interior floor area of the child day-care center shall not exceed 10% of the gross interior floor area of the principal use.

[Amended 4-2-1991 by Res. No. 91-101; 6-3-1997 by L.L. No. 9-1997]

Open space and screening. Screening and fencing shall be determined by the Planning Board. A minimum green space of 25% shall be provided.

Playground area. In all nonresidential zones except C-N and R-P, the required playground area shall be equal to 75 square feet per child per play period.

[Amended 4-2-1991 by Res. No. 91-101; 6-3-1997 by L.L. No. 9-1997]

Government approvals. The granting of a special use permit by the Town Board shall be conditioned on such approvals as may be required by involved federal, state or County agencies.

§ 220-32.3 Accessory home-care units in single-family dwellings.

[Added 12-14-1993 by L.L. No. 8-1993]

Purpose. The purpose of permitting temporary accessory home-care units is:

(1)

To provide housing arrangements which meet the needs of the elderly and/or disabled population in the community by affording an opportunity for them to live in close proximity to family members who can help maintain their health, independence and privacy; and

(2)

To preserve the single-family residential character of neighborhoods by ensuring that temporary accessory home-care units are installed only in conjunction with owner-occupied single-family houses and under such additional conditions as may be appropriate.

General requirements.

(1)

Accessory home-care units shall be temporary, and occupancy shall be restricted to elderly and/or disabled 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; "elderly" is defined as 62 years of age or older; and "disability" is defined as a physical, mental or medical impairment resulting from anatomical, physiological or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques and which requires an unusual level of care from the principal owner-occupant(s).

(2)

An accessory home-care unit shall require a building and zoning permit issued by the Building Inspector of the Town of Niskayuna. The applicant for an accessory home-care unit shall be the owner-occupant of the principal dwelling unit. A permit issued for an accessory home-care unit is temporary and shall cease upon notice to the Town that the applicant no longer meets the conditions for such use.

(3)

A building and zoning permit for an accessory home-care unit shall comply with the specific requirements enumerated in Subsections C, D and E of this section.

Standards.

(1)

Location. An accessory home-care unit may be located within an existing single-family dwelling or an addition to that dwelling in the R-R, R-1, R-2, R-3 and L-C Zoning Districts.

(2)

Number. There shall be only one accessory home-care unit per building lot.

(3)

Design. If the accessory home-care unit is located within an addition to the single-family dwelling unit, it shall be designed so that there is interior access between the principal and accessory unit and, to the maximum extent feasible, so that the exterior appearance of the addition matches that of the principal dwelling unit.

(4)

Compliance with zoning. An accessory home-care unit shall comply with the yard and lot coverage requirements of Schedule I of this chapter[1] that apply to the single-family dwelling in which it is located.

[1]

Editor's Note: Schedule I is included at the end of this chapter.

(5)

Parking. An applicant shall demonstrate to the satisfaction of the Building Inspector that the site can accommodate sufficient parking for both the principal and the accessory units.

(6)

Adequacy of services. An applicant for an accessory home-care unit shall demonstrate to the satisfaction of the Town that the existing sanitary disposal and water service is adequate to accommodate the additional dwelling unit. Plans for connecting and disconnecting water and sewer services for the accessory home-care unit shall be submitted as part of the building and zoning permit application and shall be approved by the Department of Public Works. Installation of a second water meter shall not be permitted.

(7)

Limits on use. A permit for an accessory home-care unit is temporary and shall cease when the applicant notifies the Building Inspector that the requirements of Subsection B(1) are no longer met. To meet the requirement of discontinuance of use, the applicant shall submit a restoration plan as part of the application for the building and zoning permit. In accordance with Subsection D(4), this plan shall detail the work and cost of work for all reconstruction and removal of improvements associated with discontinuance of the accessory home-care unit.

(8)

Notice of 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 for some other reason the applicant no longer meets the conditions for such use. Upon notification, the building and zoning permit for the accessory home-care unit shall be terminated. The applicant shall then comply with the terms of the restoration plan within 90 days of the date of termination.

Conditions. An application for a building and zoning permit for an accessory home-care unit shall be accompanied by the following information:

(1)

Statement of need. The written statement of need shall be signed by the applicant and provide evidence that the relationship to the owner-occupant, age and/or disability of the occupant(s) of the proposed accessory home-care unit are consistent with the requirements of Subsection B(1). A written statement from a physician or psychologist attesting that the disability of the occupant(s) of the proposed accessory home-care unit meets the criteria set forth in Subsection B(1) shall be sufficient evidence of that disability.

(2)

Building plans. The applicant shall provide building construction plans for an accessory home-care unit located within an addition to or within the existing dwelling unit. Plans shall meet the requirements of the New York State Uniform Fire Prevention and Building Code and applicable building and zoning codes of the Town of Niskayuna. At a minimum, the plans shall include a floor plan of the principal dwelling unit and the accessory home-care unit detailing the interior access between units.

(3)

Site plan. The site plan shall be drawn at a scale of one inch equals 30 feet, unless the Building Inspector determines otherwise, and show the following information:

(a)

The applicant's name and address.

(b)

The applicant's entire lot.

(c)

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.

(d)

The proposed location, point of entry and size of the accessory unit.

(e)

Building elevations of any proposed addition.

(4)

Restoration plan. The restoration plan shall be a detailed plan for removal of the accessory home-care unit and shall identify those structures, exterior and interior walls, electrical and plumbing improvements and connections to public water and sewer services to be retained and those to be removed upon cessation of the accessory home-care 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 home-care unit.

Permit renewal and registration.

(1)

Permit renewal. Once issued, a building and zoning permit for an accessory home-care unit shall be renewed by the applicant on an annual basis until such time as the use shall cease. There shall be a charge of $25 for each renewal. Failure to renew the permit shall constitute a violation of this chapter and result in prosecution.

(2)

Registration. The applicant shall file the building and zoning permit for an accessory home-care unit as a deed restriction with the Schenectady County Clerk's office and shall furnish proof of filing to the Town. A permit for an accessory home-care unit shall not be renewed without proof of filing of the original permit.

Violations. Failure to meet the requirements of this section shall constitute a violation of this chapter and result in prosecution.

§ 220-32.4 Telecommunications facilities.

[Added 12-16-1997 by L.L. No. 16-1997]

Purpose. It is the purpose of this section to promote the health, safety and general welfare of the residents of the Town of Niskayuna; to provide standards for the safe provision of telecommunications consistent with applicable federal and state laws; to minimize the total number of telecommunications towers in the Town by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping.

Special permit required.

(1)

Any telecommunications tower shall be used in conformity with these regulations unless said tower was approved prior to the effective date of this section. All telecommunications towers shall hereafter be erected, moved, reconstructed, changed or altered after approval of the special use permit and in conformity with these regulations. Any existing structure shall be modified to serve as a telecommunications towers only if it is in conformity with these regulations.

(2)

Antennas proposed for collocation on a previously approved telecommunications tower or on an existing structure previously approved for such use do not require a special permit. They are, however, subject to site plan review in accordance with the requirements of this section and Article VIII of this chapter, as applicable. The Planning Board may require the applicant for a collocated antenna to submit any of the items under Subsection C(1) below as part of the site plan review process.

(3)

Telecommunications towers shall be permitted in accordance with these regulations within the I-R Research and Development Zoning District and in the I-G General Industrial Zoning District either as principal structures or as accessory structures to an existing permitted use.

(4)

The above notwithstanding, antennas may be authorized at the discretion of the Town Board for location on the Town water tower or other Town structures.

Use of existing tall structures. At all times, use or shared use of existing tall structures (for example, the municipal water tower, multi-story buildings, church steeples, etc.) and existing or approved towers as described in Subsection B(2) above shall be preferred to the construction of new towers.

(1)

An applicant proposing to locate or collocate antennas on an existing tall structure shall submit the following documents:

(a)

A completed application for a special permit or for site plan review, as applicable.

(b)

Documentation from the owner of the tall structure of his/her intent to allow location or collocation of antennas on said structure.

(c)

A site plan. This site plan shall show all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking, screening and landscaping. The site plan shall include grading plans for new facilities and roads. Methods used to conceal the modification of the existing structure shall be indicated on the site plan.

(d)

An engineers report certifying that the proposed use or shared use of the structure will not diminish the structural integrity and safety of the existing tall structure and explaining what modifications, if any, will be required in order to certify to the above.

(e)

A completed environmental assessment form (EAF) and a completed visual EAF addendum.

(f)

A copy of the applicant's Federal Communications Commission (FCC) license.

(2)

If the responsible Board determines after examination of the documentation provided under Subsection C(1) above that the proposed modifications to the existing structure are insignificant, then, after compliance with SEQRA and procedural requirements of this chapter, the Board may grant approval without further review under this section. If, however, the Board determines that any of the proposed modifications are significant, it may require further review in accordance with Subsections H through S below.

New telecommunications towers. The Town Board may consider an application for a special permit for a new communications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant for a new telecommunications tower shall be required to present a report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Town Board or its designee in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a new tower. The report shall demonstrate good faith efforts to secure use or shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why use of an existing structure is not practical in each case. Written requests and responses for use of the existing structure shall be provided as part of the application.

Shared usage of an existing tower site for placement of a new tower. Where use or shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and its accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall be subject to the requirements of Subsections G through S below.

New tower at a new location. The Town Board may consider the location of a new telecommunications tower on a site not currently used for said use when the applicant demonstrates that use or shared use of existing tall structures and use of existing or approved towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based on the applicant's investigation in accordance with Subsection E above. Any proposal for a new telecommunications tower on a new site shall be subject to the requirements of Subsections G through S below.

New towers and future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. As part of the application for the special permit, the applicant shall submit to the Town Board a letter of intent committing the owner of the proposed new tower and his/her successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new tower owner and his/her successors in interest to:

(1)

Respond within 60 days to a request for information from a potential shared use applicant.

(2)

Negotiate in good faith concerning requests for shared use of the new tower by other telecommunications providers.

(3)

Allow shared use of the new tower if any other telecommunications provider agrees in writing to pay reasonable charges. The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user.

Site plan review submission requirements.

(1)

The applicant shall submit a site plan in accordance with § 220-43 of this chapter and the requirements of this section. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, tower(s), guy wire and anchors, parking, screening and landscaping. The site plan shall include grading plans for new facilities and roads.

(2)

The applicant shall submit the following:

(a)

A complete EAF.

(b)

A complete visual environmental assessment form (visual EAF addendum).

(c)

Documentation on the need for the facility at the proposed location.

(d)

Documentation on the proposed intent and capacity of use.

(e)

Justification for the height and design of any tower.

(f)

Justification for any required clearing.

(g)

A copy of its Federal Communications Commission (FCC) license.

(3)

The reviewing Board may request, at the applicant's expense, review of the submitted materials by a qualified engineer in order to evaluate the need for the facility at the proposed location and the appropriateness of the site layout and tower design.

Lot size and setbacks.

(1)

Telecommunications towers may be located on a single lot as a principal structure or on a portion of a lot of an existing use. If the land for the telecommunications tower is to be leased, the entire area required shall be leased from a single parcel unless the Town Board determines that this provision may be waived.

(2)

At a minimum, lot area provided for telecommunications towers and the accessory facilities shall not encompass any other existing structures and shall be sufficient to substantially contain all ice-fall and debris from tower failure.

(3)

Unless otherwise provided in this section, telecommunications towers shall be located with a minimum setback from any property line equal to 1/2 of the height of the tower, except that the minimum setback from a public road shall be no less than 100 feet. Setbacks shall apply to all tower parts including guy wire anchors, and to any accessory facilities.

(4)

Other portions of this section notwithstanding, the minimum distance of any telecommunications tower, including guy wire anchors, from any single-family or two-family dwelling as measured from nearest point to nearest point shall be 500 feet.

Visual impact assessment. The Town Board may require the applicant to undertake a visual impact assessment which may include:

(1)

A "zone of visibility" map to determine the locations from which the tower may be seen.

(2)

Pictorial representations of "before" and "after" views from key viewpoints both inside and outside the Town, including but not limited to public roads, state and local parks and other public lands normally open to the public and from any other location whether the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites in consultation with the applicant.

(3)

Assessment of alternative tower designs and color schemes as described in Subsection K below.

(4)

Assessment of the visual impact of the tower base, guy wires, accessory facilities and overhead utility lines from abutting properties and streets.

New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

(1)

Any new tower shall be designed to accommodate future shared use by other telecommunications providers.

(2)

Unless specifically required by other regulations, a tower shall have a finish, either painted or unpainted, that minimizes its degree of visual impact. Where feasible, the tower shall be disguised or camouflaged to blend in with its surroundings. Examples of camouflaging include, but are not limited to, mounting of antenna(s) on tall structures or disguising a monopole tower as a tree.

(3)

In general, the maximum height of any new tower shall not exceed that which can permit operation without artificial lighting of any kind in accordance with municipal, state and/or federal law or regulation. The Town Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.

(4)

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

(5)

One business or advertising sign not to exceed 30 square feet in area shall be permitted for the telecommunications facility. Such sign may be either on the ground or attached to an accessory facility. Such sign, if on the ground, shall not be higher than four feet above the average grade at its location. Such sign, if attached to an accessory facility, shall be attached to the building face and shall not protrude more than one foot from the building face and shall be a single-face sign.

Existing vegetation. Existing vegetation within the perimeter of the tower site shall be preserved to the maximum extent practicable.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and the accessory facilities from nearby properties as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. New access driveways shall be a minimum of 12 feet wide and shall have a sufficient base to support a twenty-ton emergency vehicle as certified by a detailed cross-section stamped by a licensed engineer. Driveway areas shall be clear of obstructions for a height of 12 feet and a width of 16 feet.

Parking. Parking shall be provided to assure adequate emergency and service access. The reviewing Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.

Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, design of which shall be approved by the reviewing Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Removal. Towers in disuse shall be removed in accordance with the following procedures:

(1)

The applicant shall submit to the Town Board a letter of intent committing the tower owner and his/her successors in interest to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit.

(2)

Unused towers and accessory facilities shall be removed from the site within four months of such notification to the Town in accordance with a valid building permit for demolition. Failure to notify or to remove the unused tower in accordance with these regulations shall be a violation of this chapter.

Intermunicipal notification. In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use and to assist in the contained development of County 911 services, the Town Board shall require that:

(1)

An applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders the Town of Niskayuna, the Schenectady County Department of Planning and the Director of the Schenectady County Communication E-911 Program. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future use.

(2)

Documentation of service of this notification shall be submitted to the Town Board as part of the application.

Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parkland from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of service of this notification shall be submitted to the Town Board prior to the public hearing.

§ 220-32.5 Research libraries.

[Added 12-8-1998 by L.L. No. 13-1998]

Purpose. It is the purpose of this section to provide for small-scale facilities in the Land Conservation Zoning Districts of the Town where such facilities house research and education programs dedicated to the preservation and protection of the natural environment and/or the study of natural history.

Standards.

(1)

All such facilities shall meet supplementary regulations for research libraries as set forth in Schedule I-G.[1]

[1]

Editor's Note: Schedule I-G is located at the end of this chapter.

(2)

The principal and accessory buildings and structures on the lot shall not exceed a FAR (floor area ratio) of 0.1. The principal building shall not exceed 15,000 square feet.

(3)

The principal building shall be limited to two stories. Other sections of this chapter notwithstanding, the height of the principal building shall not exceed 30 feet above the average finished grade.

(4)

There shall be no more than two accessory structures on the lot with the principal building if one of the accessory structures is a fence. Otherwise, there shall be only one accessory structure on the lot.

(5)

The research and/or educational purposes of the facility shall be of such a scope that its program requirements shall not require more than five full-time equivalent employees. The facility shall not be used as a conference site.

(6)

There shall be no direct retail sales at the facility.

Access. All such facilities shall have access from an arterial or collector street and shall have at least one but not more than two points of ingress and egress.

Parking.

(1)

Minimum parking requirements shall be determined by the Planning Board after due consideration of the project needs for employees and visitors.

(2)

Under no circumstances shall the facility provide more than thirty parking spaces for employee and visitor parking combined.

(3)

Other sections of this chapter notwithstanding, driveways and parking areas shall be paved only upon direction of the Planning Board.

(4)

The outside storage or parking of a vehicle of more than one-ton load-carrying capacity is prohibited.

(5)

Parking areas shall be a minimum of twenty-five feet from the side and rear property lines.

Architectural compatibility. The architectural style of the facility and its accessory structures shall be compatible with the natural and built environment of its surroundings. Natural materials should be used to the extent practicable.

Open space and screening.

(1)

Every effort shall be made to minimize disturbance of the natural setting in which the facility is located. Natural vegetation shall be maintained to the extent practicable.

(2)

Other sections of this chapter notwithstanding, a minimum green space of 50% shall be provided.

(3)

Parking areas shall be located only in the side or rear yards and shall be screened from their surroundings by vegetation and/or fencing. Parking in front of the principal building is prohibited.

Signs. One unlit, wall-mounted sign, not to exceed twelve square feet in area, is permitted. This sign shall be constructed from natural materials complementary to the building.

§ 220-32.6 Uses in O-T/LI Zoning Districts.

[Added 6-1-2004 by L.L. No. 15-2004]

Purpose. It is the purpose of this section to provide an environment for a combination of office and light industrial uses that is both compatible with the essentially residential character of the Town of Niskayuna and supportive of efficient development of the permitted uses. Standards are intended to clearly identify desired plan elements that promote the health, safety, and welfare of the general community. These include the appropriate location, arrangement, and design of buildings, parking areas, open space and site amenities. This district is primarily for selective industries whose activities do not adversely impact the environment or quality of life of the residents of the Town or create an impact which is injurious to the public health, safety or general welfare of the residents or property owners of the Town of Niskayuna. Accordingly, due to the potential adverse and/or harmful impact of heavy industrial uses, such uses are explicitly excluded from this district. These standards shall supplement the applicable regulations of Schedule I[1] for the specific use and the regulations of Article V and Article VIII of this chapter. In the event of conflict, the standards of this section shall control.

[1]

Editor's Note: Schedule I is included at the end of this chapter.

Dimensional regulations.

(1)

The minimum lot area shall be two acres.

(2)

The minimum lot width shall be 150 feet.

(3)

The minimum lot depth shall be 150 feet.

(4)

The maximum building height of principal or accessory buildings shall be 35 feet. For principal buildings only, for each foot the height of a building exceeds 35 feet, the width of each required yard shall be increased by two feet. Under no circumstances shall the height of a building exceed 60 feet.

(5)

Open space/lot coverage. Buildings, parking areas, including maneuvering areas, stormwater retention areas and other site amenities that are an integral and necessary part of the use shall not occupy more than 60% of the total lot area. The open space requirement for this district is 40%. The stormwater retention area may be included in the green space calculation upon proof that the stormwater retention area will be improved to form an integral part of the landscaping scheme and would enhance the overall aesthetics and thus serve the purpose of the green space requirements of this article.

(6)

Yard requirements.

(a)

Minimum front yard: 40 feet, except that lots fronting on Aqueduct Road, Balltown Road and Hillside Avenue shall require a minimum front yard of 100 feet. There shall be no encroachment of structures other than a fence or similar structure or sign in the front yard.

(b)

A corner lot shall have a front yard of the required depth on each street frontage. If the side of a building or structure shall be arranged, intended, used or altered to receive or ship merchandise from doors or loading platforms facing upon a side road or highway, then such buildings shall be set back 100 feet from the property line along the road or highway upon which the same shall face. In addition, a suitable barrier or obstruction which will prevent passage of vehicular traffic but not obstructing the sight distance of operators thereof shall be erected adjacent to the property line abutting the public road or highway. Entrance driveways may be placed through such barrier or obstruction not in excess of 30 feet in width.

(c)

A through lot shall have a front yard setback of the required depth on each street frontage.

(d)

Vision clearance. On any lot on which a front yard is required by this chapter, no wall, fence, sign, or other structure shall be erected and no hedge, tree, shrub, or other growth shall be maintained in such location within such required front yard space as to cause danger to traffic by obstructing the view.

(e)

Side yards/rear yards. In order to allow for maximum flexibility of design, to preserve as much of the natural environment as possible and to promote the purpose of this article, there is established a twenty-five-foot minimum side and rear yard setback, which shall be considered open space and which shall contain natural or planted vegetation for the purpose of screening uses from adjacent properties.

(f)

When abutting any residential use district, the minimum side and rear yard setbacks shall be 50 feet, except that the minimum setback to a building shall be 100 feet.

(g)

Setbacks for accessory buildings. No buildings approved as accessory to the main use shall be constructed closer to a property line than the setbacks required for a principal building. Accessory buildings may not be placed in the front yard except on a through lot. On a through lot, an accessory building may be placed in what would normally be the rear yard but must be set back the required front yard depth from the rear street.

(7)

Building arrangement and location.

(a)

Other sections of this chapter notwithstanding, for lot areas of five acres or larger, one principal use may be contained in more than one principal building.

(b)

Where more than one principal building is located on the same lot, a minimum distance of 20 feet shall be provided between the buildings.

(c)

Except for off-street parking and loading facilities and as otherwise noted below for storage, all permitted and accessory uses shall be carried out in fully enclosed principal or accessory buildings.

Building design. The building design shall consider building facade, including color, and other significant design features, such as exterior materials and treatments, roof structure, exposed mechanical equipment and service and storage areas. Building design shall make appropriate recognition of building forms within the general neighborhood. Material shall have good architectural character, and metal facades and concrete block facades, other than architectural or split block, shall be discouraged along the building front.

(1)

Guidelines and standards. The following guidelines and standards are intended to be used as a basis for design by developers proposing developments in the O-T/LI Zoning District. They are also intended to be used as an evaluation tool by the Planning Board in its site plan review processes. These guidelines and standards apply to all projects in the O-T/LI Zoning District. Guidelines are not mandatory, but explain the design objectives. Standards are mandatory unless their strict application will result in undue hardship as determined by the Planning Board.

(2)

Waivers. The Planning Board may waive one or more of the standards of this article upon a showing by the applicant that the strict application of the standard imposes an undue hardship due to such factors as existing conditions, site topography or site configuration. The Planning Board shall approve the minimum waiver necessary. The applicant for any such waiver shall have the burden of showing that the proposed waiver shall have a minimum negative effect on aesthetics and compatibility with neighborhood character.

(3)

Facades and exterior walls.

(a)

Guideline.

[1]

Facades should be articulated to reduce the massive scale and the uniform, impersonal appearances of large buildings and provide visual interest that will be consistent with the Town's identity, character and scale.

[2]

Buildings should have architectural features and patterns that provide visual interest, at the scale of the pedestrian, reduce massive aesthetic effects and recognize local character. The elements in the following standard should be integral parts of the building fabric and not superficially applied trim, graphics or paint.

(b)

Standard.

[1]

Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least 3% of the length of the facade and extending at least 20% of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet. (See Figure 4E.[2])

[2]

Editor's Note: Figure 4E is included at the end of this chapter.

[2]

Ground-floor facades that face public streets shall have a combination of arcades, display windows, entry areas, awnings or other such features along no less than 60% of their horizontal length. (See Figure 4F.[3])

[3]

Editor's Note: Figure 4F is included at the end of this chapter.

[3]

Building facades shall include a repeating pattern that shall include no less than two of the elements listed below. At least one of these elements shall repeat horizontally. All elements that repeat horizontally shall repeat at intervals of no more than 30 feet horizontally.

[a]

Color change.

[b]

Texture change.

[c]

Module-to-module material change.

[4]

Building facades shall include an expression of architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal or projecting rib. (See Figure 4G.[4])

[4]

Editor's Note: Figure 4G is included at the end of this chapter.

(4)

Roofs.

(a)

Guidelines. Variations in roof lines should be used to add interest to, and reduce the massive scale of, large buildings.

(b)

Standard. Roofs shall have no fewer than two of the following features:

[1]

Parapets concealing flat roofs and rooftop equipment such as heating, ventilating and air-conditioning (HVAC) units from public view. The average height of such parapets shall not exceed 15% of the height of the supporting wall, and such parapets shall not at any point exceed 1/3 of the height of the supporting wall. Such parapets shall feature three-dimensional cornice treatment.

[2]

Overhanging eaves, extending no less than three feet past the supporting walls.

[3]

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of the vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.

[4]

Three or more roof-slope planes.

(5)

Materials and colors.

(a)

Guideline. Exterior building materials and colors comprise a significant part of the visual impact of a building. Therefore, they should be aesthetically pleasing and compatible with traditional materials and colors.

(b)

Standard.

[1]

Predominant front facade building materials shall be high-quality materials. Permitted materials are brick, wood, stone or tinted, textured, concrete masonry units, or a combination thereof. Use of materials listed in Subsection C(5)(b)[4] below shall be discouraged on the front building facade.

[2]

Facade colors shall be low-reflectance, subtle, neutral or earth-tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors is prohibited.

[3]

Building trim and accent areas may feature brighter colors, including primary colors, but exposed neon tubing is not an acceptable feature for building trim or accent areas.

[4]

Predominant exterior building materials shall not include the following: smoothfaced, concrete block, tilt-up concrete panels or prefabricated steel panels.

(6)

Entryways.

(a)

Guidelines. Entryway design elements and variations should give orientation and aesthetically pleasing character to the building.

(b)

Standard. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no fewer than three of the following elements:

[1]

Canopies or porticos.

[2]

Overhangs.

[3]

Recesses/projections.

[4]

Arcades.

[5]

Raised cornice parapets over the door.

Peaked-roof forms.

Arches.

Outdoor patios.

Display windows.

Architectural details, such as tile work and moldings, which are integrated into the building structure and design.

[11]

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(7)

Back and side facades.

(a)

Guideline. All facades of a building which are visible from adjoining properties, public streets and/or on-site roadways should contribute to the pleasing scale features of the building and encourage community integration by featuring characteristics similar to the front facade.

(b)

Standard. All building facades which are visible from adjoining properties, public streets and/or on-site roadways shall comply with the requirements of § 220-32.6C(3) and (5).

(8)

Outdoor storage; trash collection; loading areas.

(a)

Guideline. Loading areas and outdoor storage areas have visual and noise impacts on surrounding neighborhoods. These areas, when visible from adjoining properties and/or public streets, must be screened, recessed or enclosed. While screens and recesses can effectively mitigate these impacts, the selection of inappropriate screening materials can exacerbate the problem. Appropriate locations for loading and outdoor storage areas include areas between buildings, where more than one building is located on a site and such buildings are not more than 40 feet apart, or on those sides of buildings that do not have customer entrances.

(b)

Standard.

[1]

Areas for outdoor storage, trash collection or compaction, loading or other such uses shall not be located between the building and any public street or within 20 feet of any public sidewalk, on-site roadway or internal pedestrian way. These provisions shall not apply to individual outdoor trash receptacles and recyclable receptacles intended for use by pedestrians or visitors, as provided in § 220-48.23E.

[2]

Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties, public streets and on-site roadways. No attention shall be attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. These provisions shall not apply to individual outdoor trash receptacles and recyclable receptacles intended for use by pedestrians or visitors, as provided in § 220-48.23E.

[3]

Nonenclosed areas for storage shall permanently defined and screened with walls and/or fences that screen such areas from public view. Materials, colors and design of screening walls, fences or covers shall be compatible with those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the building.

Buffering, screening and open space. The overall intent of this standard is to promote and achieve, where possible, a well-landscaped site that takes into consideration the surroundings and the total environment. Consideration shall be given to preservation of natural and existing vegetation as well as new plantings throughout an entire site. The Planning Board shall take into consideration the location of the structures and parking areas and their proximity to adjacent buildings and/or lots. Consideration shall be given to planting along property lines, buffer areas and along the walls of the structure, where possible, without impeding the operations of the facility. However, if there is substantial natural vegetation on site that serves the requirements, e.g., screening, aesthetics, etc., the Planning Board shall not require additional plantings except where deficiencies shall exist.

(1)

Other sections of this chapter notwithstanding, where a lot adjoins a residential property, the lot shall contain a buffer strip of 50 feet along the common boundary, landscaped and/or fenced as approved by the Planning Board to effectively screen the lot from the adjacent residence.

(2)

Screening, where required, shall be accomplished by use of walls, fencing, plantings or a combination of these, with all such enclosures being compatible in material, texture and color with the principal buildings(s).

(3)

Open space shall be landscaped with grass, trees, shrubs or other ground cover approved by the Planning Board with due consideration of indigenous vegetation and the natural terrain.

(4)

Noise buffering shall be considered in the design and installation of mechanical equipment. Mechanical equipment located on roofs or on the ground shall be appropriately screened from adjacent lots and the street so as to minimize visibility and noise.

(5)

Hike and bike paths shall be encouraged.

Outdoor storage. With the exception of containers for domestic waste or limited storage associated with staging of the manufacturing process, outdoor storage is prohibited unless the Planning Board finds that it is warranted by circumstances. Where permitted, outdoor storage shall be fully screened and limited to the rear yard of the lot within the building setback lines. Domestic waste shall be placed in appropriately screened containers and disposed of in a timely manner. See the guidelines and standards in § 220-32.6C(8).

Utilities. In general, all utilities, such as water, sewer, gas, steam and electricity, shall be installed underground. Any exception shall require specific approval of the Planning Board.

Lighting. Pole- and building-mounted lighting shall be in accordance with Article VIIIB, Guidelines for Lighting of Outdoor Areas under Site Plan Review. The number of light standards and the intensity of light shall be adequate for public safety without glare to adjacent properties or streets. Light poles shall not exceed 30 feet in height.

Parking/Driveways. Minimum required driveways and off-street parking areas: In addition to the requirements of §§ 220-19 and 220-20, the following shall apply. In all cases where there is a conflict, these standards shall take precedence over § 220-19 and 220-20 standards in the Office Technology/Light Industrial Zone.

(1)

Offices: one space per 200 square feet.

(2)

Manufacturing: one space per 300 square feet.

(3)

Distribution centers and storage facilities: 1 space per employee but not less than 5 spaces.

(4)

Parking areas shall be for the use of customers, patrons, employers and employees only. Separate areas shall be provided for parking of commercial vehicles and delivery.

(5)

Off-street parking, loading and driveway access shall be designed in conformance with the general regulations of §§ 220-19 and 220-20.

(6)

Unless specific buffering is required, driveways and parking lots shall be located no closer than five feet to any building. Driveways and parking lots shall not be placed in required side or rear yard setbacks. Driveways and parking lots shall be located no closer than 10 feet to any front property line.

(7)

Parking lots are to be continuously screened from view of the street, except at driveways, with compact hedging, berming, decorative fencing, decorative masonry, or a combination of these techniques as approved by the Planning Board.

(8)

Ingress/Egress. There shall not be more than one curb cut per lot unless the Planning Board finds that traffic safety will be improved with the addition of another curb cut.

(9)

No driveways or parking lots shall be permitted in buffer strips.

Signs. Signs serve not only a practical purpose but also help define the character and attractiveness of a development. The purpose of these standards is to promote signs which are visually compatible with their surroundings and which avoid inappropriate materials and design. At any time that there is a new sign or a modification or a replacement of an existing sign in the Office Technology/Light Industrial Zone, the following standards shall apply. These sign requirements shall be a supplement to those standards in § 220-22 and Schedule I standards in the Office Technology/Light Industrial Zone.[5]

[Amended 1-3-2017 by L.L. No. 1-2017]

(1)

Address identification. In the interest of public safety, all properties shall be assigned address identification numbers. All assigned address identification numbers shall be installed as prescribed herein. Numbers shall be affixed to the principal building in the vicinity of the front door or entry. Numbers shall also be placed on the property identification sign so as to be clearly visible at all times from the public street in front of the building when traveling in either direction. Numbers shall contrast with the surrounding surfaces and be displayed in a size and color as approved by the Planning Board.

(2)

Facade sign. For each linear foot of building frontage, one square foot of sign area shall be permitted. Such sign shall only be attached to the building face and shall not protrude more than one foot from the building face and shall be a single-face sign. Where uses are joined by a common wall, such sign area shall not be combined into a common sign area. Under no circumstances shall any one sign exceed 50 square feet.

(3)

Property identification. One freestanding monument (ground) sign is permitted per lot to be located near the entrance road or driveway to the building to indicate address and business identification. Such signs shall have a minimum setback of five feet from the front or side property lines and shall be located in a manner that does not interfere with required minimum sight distance at driveways or intersections. Such signs shall have a maximum area of 20 square feet and be no greater than eight feet in height above the finished grade. Double-faced signs are permitted.

(4)

Subdivision identification. Such signs shall be in accordance with § 220-22D.

(5)

Direction identification. Signs used for directing of traffic shall be of a size not to exceed three square feet and not to exceed four feet in height above the existing grade of the street. Directional signs shall be of materials compatible with other signs as approved by the Planning Board. Directional signs may display business names if approved by the Planning Board.

(6)

Lighting. Sign lighting should minimize glare and maintain the aesthetic character of the area. Signs may be internally or externally lit, and raised-lettering signs may be backlit.

(7)

Materials. Monument signs shall be constructed with materials compatible to the area as approved by the Planning Board.

[5]

Editor's Note: Schedule I is included as an attachment to this chapter.

Planning Board consideration. Each change of use in any existing facility in the O-T/LI Zone shall require site plan approval by the Planning Board in order to ensure that future uses are in keeping with the purpose of this article. (If the use is within the same category of uses, i.e., storage, from furniture to tools, no new site plan approval is required. However, if the use involves a change from storage to fabrication, then a new site plan approval is required.) In addition to any other requirements of the Town Code or New York State law, a site plan shall be provided to the Planning Board for review, outlining any changes to the site plan necessitated by the change in use. The Planning Board shall take into consideration current code requirements in an effort to bring outdated site plans into conformance as reasonably as possible.

Additional performance standards. All activities shall conform to the performance standards specified in § 220-23 (particulates, smoke, noxious gases, odor, fire and safety hazards, glare and heat, wastes, vibration, air quality, radioactive materials, etc.)

§ 220-32.7 Tobacco retailers, e-cigarette retailers and marijuana retailers.

[Added 1-3-2017 by L.L. No. 1-2017; amended 9-22-2020 by L.L. No. 8-2020]

Purpose and intent. The Town Board of the Town of Niskayuna has a substantial and important interest in reducing the number of individuals of all ages who use cigarettes and other tobacco products, e-cigarette products, and marijuana products, with a particular interest in reducing the illegal sale of said products to minors. The Town Board finds that restricting the location of tobacco retailers in the Town is necessary to protect the public health, safety, and welfare of the community.

Distance separation requirements. Tobacco retailers, e-cigarette retailers and marijuana retailers, as defined in § 220-4 of this chapter, shall not be located within 1,000 feet from the property lines of any Niskayuna Central School District school, nursery school, school of private instruction, or child day-care center.