No structure shall be erected, moved, altered or enlarged, no
use shall take place, be moved, altered or enlarged, and no land development
activity shall take place, except in conformity with the regulations
for the district in which the lot, structure or use is located and
other requirements of this chapter. Where this chapter imposes greater
restrictions than those imposed or required by other rules or regulations
or ordinances, the provisions of this chapter shall control.
[Amended 6-5-2018 by L.L.
No. 4-2018]
The districts shall be as follows:
Open Space District (OS)
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Agricultural District (A)
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Rural Agricultural-3 District (RA3)
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Rural Agricultural-5 District (RA5)
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Single-Family Residential Districts (R40, R30, R20, R15, and
R10)
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Residential Overlay District (RO)
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Country Hamlet District (CH)
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Multiple Residence District (MR)
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Townhouse Dwelling District (TH)
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Planned Unit Development District (PUD)
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Manufactured Housing District (MH)
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Transit-Oriented Development District (TOD)
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Business Non-Retail Professional District (BNRP)
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Local Business District (LB)
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General Business District (GB)
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Industrial District (I)
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Industrial Park District (IP)
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The boundaries for each district are indicated on the "Official
Zoning Map of the Town of Guilderland," which is adopted by reference.
The Zoning Map shall be kept in the office of the Town Clerk and shall
bear the Seal of the Town of Guilderland, a certification that it
is the "Official Zoning Map of the Town of Guilderland" and its date
of adoption. Changes made in district boundaries or matters portrayed
on the Zoning Map shall be affixed to the Zoning Map after approval
of the amendment by the Town Board. The Zoning Map, the records of
its adoption, and amendments shall be preserved by the Town Clerk.
[Added 6-5-2018 by L.L.
No. 4-2018]
A. Purpose. The Transit-Oriented Development (TOD) District is designed
to implement the recommendations of the Westmere Corridor Study (study)
by using an overlay district to support and incentivize development
that adequately protects nearby residential neighborhoods and utilizes
resources within and near the TOD's boundary, including regional shopping,
entertainment, and employment centers, a robust transit service with
high ridership and proposed enhancements, direct vehicle access to
the interstate highway system, and a nearby local business community.
The TOD District encourages more compact development, traffic-calming
measures, better access management, improving the environment for
non-automobile-oriented modes of transportation, reducing the number
of required parking spaces, supporting mixed-use buildings and pedestrian
linkages, and focusing intense development away from existing residential
neighborhoods.
B. Boundary and applicability. The boundary of the TOD shall be as described
in the attached Schedule A. To the extent that any provision of this section conflicts with other sections in Chapter
280, the provisions of this section shall control.
C. Site plan uses. The following uses and their accessory uses are authorized by site plan approval under §
280-53:
(1)
A use listed as a site plan use in the GB and MR Districts unless prohibited in Subsection
E(1) below.
D. Special uses. The following uses and their accessory uses are authorized by special use permit under §
280-52:
(1)
A use listed as a special use in the GB and MR Districts unless prohibited in Subsection
E(1) below.
(2)
Other uses not specifically listed here but approved by the
Zoning Board as being of a similar nature or consistent with the goals
of the TOD District. Under no circumstances shall a use allowed only
in the IP or I District be permitted in the TOD District.
E. Prohibited and restricted uses.
(1)
The following uses are prohibited:
(c)
Automobile lot, except that the sales and servicing of electric,
battery-powered, or similar green technology vehicles are allowed
as a special use.
(e)
Restaurant, drive-through.
(2)
The following additional restrictions shall apply:
(a)
The following are the only uses
allowed west of Rapp Road:
i.
Multiple-family dwelling, which may include ground-floor uses
that are a permitted use, site plan use or special permit use in the
GB District.
ii.
The maximum gross floor area of a nonresidential use is 4,000
square feet.
F. Dimensional, site and other requirements. Except as provided in this subsection, the dimensional, site and other requirements applicable to uses that are permitted or authorized in this district are set forth in Articles
III and
IV.
(1)
Minimum lot size: 25,000 square feet.
(2)
Maximum lot coverage: 75%. To encourage consolidation of green
space, a reviewing board may consider all property within the TOD
District which is owned or controlled by an applicant if the green
space is identified on an approved site plan.
(3)
Maximum residential unit density:
(a)
Multiple-family dwelling: 16 units per acre of buildable land.
(b)
Mixed-use building: 12 units per acre of buildable land.
(4)
Maximum building height:
(a)
For buildings located within 75 feet of Western Avenue: 35 feet.
(b)
For buildings located between 100 feet and 150 feet of the boundary
of a residential district located outside the TOD District: 35 feet.
(c)
For buildings located more than 150 feet from the boundary of
a residential district located outside the TOD District: 55 feet.
(d)
Notwithstanding the foregoing, the dimensional requirements
relating to hotels shall be as provided in this chapter.
(5)
Minimum building setbacks:
(a)
One hundred feet from the boundary line of a residential district
located outside the TOD District.
(b)
Except as provided in Subsection
F(5)(a) above, the following minimum setbacks shall apply:
[1] Principal structures: 15 feet, front, side and
rear yard.
[2] Accessory structures:
[a] Minor accessory: five feet, rear yard.
[b] Major accessory: 10 feet, rear yard.
(c)
The minimum setback requirements set forth in §
280-24B(7) for district boundaries are not applicable.
(6)
Parking requirements. The parking requirements set forth in §
280-25 shall apply with the following exceptions:
(a)
Office, general: three spaces per 1,000 square feet of gross
floor area.
(b)
Multifamily dwelling:
[1] One space per dwelling unit east of Rapp Road.
[2] One and one-half spaces per dwelling unit west
of Rapp Road.
(7)
Sign requirements. The requirements for a sign for a TOD use shall be determined by applying the requirements in §
280-26 for the zoning district in which the use is listed.
G. Additional site plan design guidelines. In addition to the site plan design guidelines in §
280-39, the following site plan design guidelines are recommended to promote the purposes of the TOD District:
(1)
Access and circulation.
(a)
The use of access management, traffic-calming, pedestrian, bicycle
and transit improvements in design and layout is encouraged. The TOD
District's features are central to successful development, including
underutilized land adjacent to major destinations that attract high
volumes of people (such as shopping, entertainment and employment
centers within close proximity to one another) which can support high
ridership transit stops.
(b)
Vehicular traffic should be directed, if feasible, to the existing
Crossgates Mall Ring Road in order to internalize circulation within
the TOD District and relieve traffic pressures on Western Avenue.
(c)
Compact development form with an enhanced pedestrian, bicycle
and transit presence is encouraged.
(d)
Future street connections and extensions should be considered,
particularly for providing access to underutilized outparcels to the
Crossgates Mall Ring Road.
(2)
Pedestrian and bicycle facilities.
(a)
Pedestrian and bicycle facilities within the TOD District should
be developed and designed to effectively link uses both within the
district and adjacent to the district where feasible to expand and
complement bicycle movements and networks in the community.
(b)
Bicycle parking, pedestrian seating, and transit shelters should
be visible and conveniently located throughout the TOD District.
(3)
Landscaping and open spaces.
(a)
Landscaping, berms and buffers should be utilized to screen
neighboring residential uses and extended parking fields.
(b)
Landscaping should be designed to serve multiple functions,
including softening and framing building structures, highlighting
building and vehicle entrances, defining pedestrian movement, screening
undesirable views, and serving stormwater management functions, and
accommodating the goals of the TOD District. The security of walking
and biking environments should be considered.
(c)
Appropriately located natural open spaces, recreational areas
and pedestrian amenities shall be considered in coordination with
adjoining uses.
H. Additional building design guidelines. In addition to the building design standards set forth in §
280-39C, the following building design guidelines are recommended to promote the purposes of the TOD District:
(1)
Mixed-use building. The street level side of a mixed-use building
should be designed to accommodate commercial use.
(2)
Scale and massing. The size and height of buildings should transition
from the core area of the TOD District towards its boundary with existing
adjacent residential neighborhoods. Architectural features, such as
bay windows, porches, porticoes, building extensions, towers, recessed
doorways, and similar treatments should be used to establish and reinforce
the character of the area.
(3)
Orientation. Buildings should be oriented towards a street or
internal driveway.
(4)
Sustainability. To the extent practicable, building and site
design incorporate elements of ecological and sustainable principles,
including elements identified by the United State Green Building Council
LEED® green building rating program, the Brownfields program,
and higher-quality pedestrian and bicycle amenities.