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:
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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.
A.
An interpretation as to district boundaries on the Zoning Map shall
apply the following rules:
(1)
Where district boundaries are indicated as approximately following
the center line or right-of-way line of streets, alleys, highways,
railroads or streams, such lines shall be construed to be such district
boundaries.
(2)
Where district boundaries are indicated as approximately following
lot lines, such lot lines shall be construed to be the boundaries.
(3)
Whenever a district boundary divides a lot into two or more districts,
the zoning regulations applicable to each portion of the lot shall
apply.
(4)
Whenever a street, alley or public way is abandoned as authorized
by law, the zoning adjoining each side of such street, alley or public
way shall be extended to the center of the former right-of-way, and
the area included in the abandonment shall be subject to all regulations
of the extended district.
B.
In the event that none of the above rules is applicable, the location
of such boundary, unless indicated by dimensions on the map, shall
be determined by the Town Board upon recommendation of the Planning
Board.
A.
Purpose. The purpose of the OS District is to delineate open, natural
and forested areas as permanently protected open space, and to identify
and preserve those areas conveyed to the Town or reserved as a condition
of subdivision approval, site plan approval, or special use permit
for recreational, aesthetic, environmental protection or buffering
purposes.
B.
Permitted uses. The following uses and their accessory uses are permitted
unless prohibited as a condition of an approved subdivision, site
plan, or special use permit:
A.
Purposes. The purposes of the Agricultural and Rural Agricultural
Districts are to ensure an economic and physical environment for agricultural
use of land. These districts are intended to support creative, low-impact
development patterns, and land uses that are complementary to agricultural
uses and protect natural resources, including the Watervliet reservoir
and watershed as a source of drinking water. These districts promote
the maintenance of the natural landscape and limit the adverse impacts
of development through incorporation of the cluster or conservation
development approach and related design flexibility. Nothing in this
chapter shall supersede the applicable provisions of the Right-to-Farm
Law, Local Law No. 3 of 2007 for Albany County, as may be amended.
B.
Permitted uses. The following uses and their accessory uses are permitted:
(1)
Agriculture or farming.
(3)
Family day-care home.
(4)
Group family day-care home.
(7)
Public building.
(8)
Recreation, passive.
(9)
Single-family dwelling.
(10)
Two-family dwelling, provided that it is located on a minimum
of three acres.
(11)
Wildlife preserve and preserve of historic, scenic or scientific
area.
C.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
(1)
Animal hospital.
(2)
Bed-and-breakfast with a maximum of four guest rooms.
(3)
Cemetery, provided that a burial, memorial plot or building shall
be located a minimum of 100 feet from a residential lot line. A crematory
shall be located only in a cemetery.
(4)
Day-care center, provided that it fronts on a state or county highway.
(5)
Nonprofit private school.
(6)
Public utility.
(7)
Religious institution.
D.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
Contractor yard or construction company.
(2)
Farm implement store, farm machinery sales and service, and other
agricultural related business.
(3)
Garden facility/nursery.
(9)
Recreation, commercial, but not including such intensive commercial
uses as a racetrack or amusement park.
(10)
Residential facility, independent-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(11)
Residential care facility, assisted-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(14)
Towing service.
[Added 9-5-2017 by Ord.
No. 10-2017]
E.
Conservation subdivision. The Planning Board is authorized to require adherence to the residential cluster/conservation development regulations, § 280-35, for a subdivision application where, in the opinion of the Planning Board, the purpose of this section and applicable Town design guidelines cannot be met under conventional subdivision methods. A lot created under the residential cluster/conservation development regulations that is smaller than the minimum required dimensions shall be limited to residential uses only.
F.
Single lot exemption. The owner of a parcel of at least five acres
in area in the RA3 District and at least seven acres in the RA5 District
as depicted on the real property tax map on file with the Town Assessor
as of June 1, 2005, may apply to the Planning Board for an exemption
to subdivide, provided the applicant complies with the following:
(1)
Only one single lot exemption shall be permitted from any parcel.
(2)
Each lot created or remaining shall comply with the following:
(3)
The Planning Board shall render a determination that such application
meets the requirements of this section. The plat shall be submitted
for final approval to the Planning Board with the following notation:
"The two new parcels created by this subdivision have been granted
a one-time single lot exemption. Any further subdivision of the parent
parcel shall meet the complete lot area and dimensional requirements
of the current Town of Guilderland Zoning Code." The Town Assessor
shall maintain a map and record of all parcels that have received
the benefits of this one-time, single lot exemption provision.
A.
Purpose. The purpose of the Single-Family Residential Districts is
to maintain and promote suitable residential living environments and
protect their residential character. The districts provide for single-family
homes and other compatible uses.
B.
Permitted uses. The following uses and their accessory uses are permitted:
(1)
Single-family dwelling.
(2)
Two-family dwelling, which may be constructed on a lot fronting on
a state highway, provided that:
(a)
The lot size and width shall be 1 1/2 times the minimum
required in this district;
(b)
The two-family dwelling unit shall have a maximum setback of
250 feet;
(c)
The lot has a T-, U- or other driveway as approved by the Zoning
Inspector to ensure that motor vehicles do not have to back out onto
the highway; and
(d)
A sidewalk is constructed along the right-of-way.
(4)
Family day-care home.
(5)
Group family day-care home.
(7)
Public building and park.
(8)
Recreation, passive.
(9)
Wildlife preserve and a preserve of scenic, historic and scientific
areas.
C.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
(1)
Bed-and-breakfast with a maximum of four guest rooms, provided that
the property is eligible for or listed on the National Register of
Historic Places and has a minimum area of one acre.
(2)
Cemetery, provided that any burial, memorial plot or building shall
be located a minimum of 100 feet from any residential lot line. Crematories
shall be located only in cemeteries.
(4)
Public utility.
D.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
Community center.
(2)
Day-care center, provided that such center fronts on a state or county
highway.
(3)
Driving range on a minimum of 12 acres, provided no food or alcohol
is offered for public consumption.
(4)
Golf course.
(5)
Nonprofit private school.
(6)
Religious institution.
(7)
Residential facility, independent-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(8)
Residential care facility, assisted-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
A.
Purpose. The purpose of the RO District is to encourage new development
to gain ingress and egress directly with connector streets, thereby
reducing traffic within subdivisions.
B.
COLLECTOR STREET
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
NYS Route 20 and NYS Route 146 shall be considered collector
streets. The Town Board may add to or modify the list of collector
streets upon the recommendation of the Planning Board and Superintendent
of Highways. The Town Board shall consider the following criteria
in adding to the list of collector streets:
Whether the road has a limited number of curb cuts, proper signalization
at intersections, and access to intersections by means of left-turn
lanes so as to permit the free flow of traffic and allow for the safety
of pedestrians and motorists.
Whether the road has a dedicated pedestrian sidewalk.
Whether the road has a dedicated bicycle path.
Whether, in the opinion of the Superintendent of Highways, the
road has been constructed to withstand current and anticipated levels
of traffic. The Superintendent shall consider width of pavement, width
of shoulders, depth of road base and the depth and condition of pavement
top course.
C.
Access to collector street. The density of a subdivision may be increased
by the Planning Board by up to 100% of the required density in a designated
RO District, provided that such subdivision has a right of ingress
to or egress from a collector street from the subdivision without
passing on or over a noncollector street.
A.
Purpose. The CH District provides for the development of land consistent
with the design principles of traditional neighborhoods, including:
compact, pedestrian-scale design; a mix of uses (limited-scale commercial,
residential, civic, open space, etc.); a mix of housing styles and
types; interconnected streets with sidewalks, multipurpose pathways
and other amenities to encourage pedestrian and bicycle use; and links
to existing and future developments, community centers, parks and
recreation resources. These hamlets conserve rural landscapes as natural
areas, working farms and forest lands providing substantial benefits
and open space amenities to the residents of the hamlet and the greater
community.
B.
Applicability. A CH District is limited to property located in RA3
or RA5 Districts. An application to rezone property to a CH District
is a voluntary action by the applicant, with approval at the discretion
of the Town Board. A CH District shall include a variety of allowed
residential and commercial uses and shall reflect the principles and
guidelines set forth in Town design guidelines and this section.
C.
Permitted uses. The following uses and their accessory uses are permitted:
D.
Requirements. A property included in a CH District application shall
be compatible with the surrounding area and shall comply with the
following requirements:
(1)
The minimum size is 160 acres. An application for property less than
160 acres may be considered when the property is located adjacent
to an existing CH District, village, or hamlet area as determined
by the Town Board.
(2)
Access to wastewater and water infrastructure.
(3)
Frontage on and access to a county or state highway.
(4)
Base density. The base density for residential and nonresidential
uses is allowed as follows:
(a)
Residential uses. The maximum allowed residential density use
is 0.8 dwelling unit per acre of buildable land. Multiple-family dwelling
units may not exceed more than 20% of all allowed dwelling units.
(b)
Nonresidential uses. Nonresidential uses can be substituted
for residential units subject to the following limitations:
[1]
The maximum allowed commercial use is 1,000 square feet per
allowed dwelling units.
[2]
No single commercial structure shall exceed 25,000 gross square
feet.
[3]
No more than 40% of the total allowed density may be dedicated
to commercial uses.
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Example:
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Buildable Land: 80 acres
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Maximum Residential Units: 0.8 (80 acres)=64 units
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Maximum Commercial Space: 0.4(64)x 1,000SF=25,600 square feet
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(5)
Density bonus. The Town Board may award a density bonus based on
providing open space exceeding minimum requirements of this section
or providing community amenities. Such open space and amenities may
be located within or outside of the CH District or take the form of
a monetary contribution to the parkland fund. The determination of
bonuses shall be made by the Town Board as follows:
(a)
High percentage of conservation. Where a minimum of 75% of total
acreage of the CH District is protected as conservation areas in perpetuity,
the allowed base density may be increased by 25%.
(b)
Historic resources. Where a development protects historically
significant buildings, resources, or landscapes, the allowed base
density may be increased by 5%. Historical significance shall be established
pursuant to the findings of the Town Historian and/or the NYS Office
of Parks, Recreation and Historic Preservation.
(c)
Off-site linkages. Where a development includes linkages such
as sidewalks to off-site resources and community amenities, the allowed
base density may be increased by 10%.
(d)
Extension of public water. Where an applicant provides extensions
of public water facilities along corridors and to areas where it is
not provided, the allowed base density may be increased by 20%. Such
public water extension shall be available for use by properties off
of the applicant's development site.
(e)
Senior housing. Where a minimum of 25% of dwelling units or
a minimum of 36 dwelling units are designed for and restricted to
senior housing, the allowed base density may be increased by 25%.
(f)
Other. The Town Board may increase the allowed base density
by up to 25% over the allowed base density based on the applicant
providing additional amenities that meet the goals and objectives
of this section and Town design guidelines.
(6)
Limits on density bonus. A density bonus shall not exceed 25% of
the allowed base density, except where an applicant provides incentives
regarding public water or senior housing. In these situations, the
density may be increased up to 40% of the allowed base density.
(7)
Open space. The following open space requirements shall be provided:
(a)
A minimum of 60% of the property shall be open space and contain
a minimum of 50% of the gross buildable area.
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Example:
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Site: 100 acres
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|---|---|---|
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Buildable Land: 80 acres
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Minimum Required Open Space: 60 acres containing 40 acres of
buildable land
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(b)
Unless otherwise established by the Town Board, the Planning
Board shall determine the amount of open space that shall be publicly
accessible.
(c)
Allowed uses in open space shall be limited to the following:
(d)
Off-site open space. At the discretion of the Town Board, permanently
protected open space located off of the development site may be included
as part of the CH open space. Where off-site open space of permanently
protected land is being offered for transfer of development intensity
to the development area of the CH, the Town Board shall make a finding
that the amount and quality of off-site acreage protected as open
space is commensurate with the level of density transfer being awarded.
The applicant shall show how these lands will have a demonstrable
benefit to the CH District and the relationship between increased
development in the hamlet area and the benefit of the open space area.
(e)
Contribution to Town open space fund. Where a contribution to
the Town's open space fund is included and/or substituted for permanently
protected land, the Town Board shall make a finding that such funds
are commensurate with the level of density bonus allowed. Such funds
should be sufficient for the purchase of an equivalent amount of open
space related to the increase in density.
(f)
Enforcement of provisions. The Planning Board, as a condition
of site plan approval, may require the applicant to file such documents
as the Planning Board shall determine are necessary to protect and
preserve the use of such open area in accordance with the intent of
this section.
(g)
Conveyance of land. Nothing in this section shall prohibit open
area created pursuant to this section to be conveyed to the Town for
recreational use upon acceptance of the Town Board, or conveyed to
a recognized conservation organization or other entity (e.g., school
district, Pine Bush Commission) upon approval of the Town Board.
(8)
Dimensional requirements.
(a)
There are no dimensional requirements for the CH District. All
dimensional standards shall be proposed by the applicant in the development
plan in accordance with Town design guidelines and as approved by
the Planning Board and/or Town Board.
(b)
The Planning Board is authorized to waive all dimensional requirements
of this chapter, subdivision, and other regulations to allow for site
layout and design that meet the purpose and goals of this section.
(c)
A table establishing setbacks for the CH District shall be included
within the applicant's development plan.
(9)
Off-street parking. The requirements set forth in § 280-25 are used as a base to determine parking standards. For all uses, the total minimum amount of off-street parking required shall be reduced by 50%, with the exception of the following:
(10)
Trails and sidewalks. A CH District shall include a publicly
accessible trail network and/or sidewalks connecting the development
to surrounding areas.
E.
Review process. An application to rezone property to a CH District shall be reviewed in the same manner as a PUD under § 280-17E.
A.
Purpose. The MR District allows for development of multiple-family
residences to provide an appropriate mix of housing options to meet
the diverse needs of residents. This district is located in areas
with convenient access to commercial uses, highways and transit corridors
and where public infrastructure and services are readily available.
B.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
C.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
D.
A.
Purpose. The TH District allows for the development of townhouse
units to provide a housing alternative that meets the diverse needs
of residents.
B.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
D.
Requirements.
(1)
Maximum density. The maximum density shall be six units per acre
of buildable land.
(2)
Floor area. Townhouse dwelling units shall have a minimum of 1,000
square feet of habitable area and be not less than 20 feet in width.
(3)
There shall be no more than four townhouse units attached by common
or party walls.
A.
Purpose. The PUD District provides for flexible land use and design
so that small- to large-scale neighborhoods can be developed that
incorporate a variety of residential types and nonresidential uses,
and which may contain both individual building sites and common property
which are planned and developed as a unit. The PUD District shall
include preservation of trees, natural topography and geologic features;
efficient use of land resulting in smaller networks of utilities;
interconnected streets; and a plan supportive of transit service and
consistent with smart growth principles.
B.
Applicability. An application to rezone property to a PUD District
is a voluntary action by the applicant, with approval at the discretion
of the Town Board.
C.
Permitted uses. The following uses are permitted:
(1)
Residential uses. All residential uses shall be allowed. Housing
types should be appropriate to and compatible with the surrounding
area.
(2)
Nonresidential uses. All uses allowed in the Business Non-Retail
Professional District (BNRP) and the Local Business District (LB)
shall be allowed. Business uses should be appropriate to and compatible
with the surrounding area.
D.
Requirements. A PUD application shall comply with the following requirements:
(1)
Access to municipal wastewater and water infrastructure.
(2)
Direct vehicular access to a county or state highway.
(3)
Setbacks.
(a)
Front setbacks shall meet the minimum requirements listed in the special highway access control and setback requirements in § 280-31.
(b)
Side and rear setbacks shall be established by the Planning
Board through site plan approval, or may be specifically required
by the Town Board, and identified on the site plan subdivision plat.
(4)
Open space. Adequate accommodations for parks and open space as set forth in § 280-36 shall be provided.
(5)
Off-street parking and loading requirements. Off-street parking and loading areas shall be provided as listed in § 280-25. The off-street parking requirements of two or more uses, structures or parcels may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in use. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space shall be evidenced by a deed, lease, contract or appropriate written document.
E.
Review process. An application to rezone property to a PUD shall
be reviewed as follows:
(1)
Planning conference with the Town Planner. Prior to submission of an application, the applicant shall provide a description of the project to the Town Planner at a preapplication conference. The submittal shall include sketch plans prepared under § 280-53, a description of how the project meets the requirements of this section, and a narrative describing the project. The purpose of this conference is to discuss the purpose and goals of the district, review the approval process, ensure that the applicant has considered site plan design guidelines under § 280-39, and review the general project description. The Town Planner shall issue a report on the proposal to the Town Board.
(2)
Initial Town Board review. The Town Board shall make an initial decision
whether to consider the proposal based on the report from the Town
Planner and whether the proposal meets the intent of this section.
If the Town Board decides to set a public hearing to consider the
proposal, the applicant shall submit a formal rezoning application
and sketch plan. The Town Board shall refer all such applications
to the Planning Board for its review.
(3)
Planning Board sketch plan review. Before a public hearing is conducted by the Town Board, the applicant shall submit a sketch plan to the Planning Board under § 280-53. The Planning Board shall issue a report on the sketch plan to the Town Board.
(4)
Application to Town Board. Upon receipt of the sketch plan report
from the Planning Board, the Town Board shall conduct a public hearing
on the application.
(a)
The application shall follow the requirements set forth in § 280-58, Amendments, and shall include the sketch plan and the Planning Board sketch plan report.
(b)
The Town Board shall determine the appropriate land use intensity
and dwelling unit density. When determining land use and dwelling
unit density, the Town Board shall be guided by the allowed densities
established in this chapter and any recommendation by the Planning
Board.
(c)
The Town Board shall determine whether any additional information
is necessary for the Town Board to make a determination of significance
under SEQRA.
(5)
Preliminary site plan review. Upon the Town Board's determination of land use intensity and dwelling unit density, and SEQRA determination, the applicant shall submit a site plan showing existing conditions and future development pattern for preliminary review by the Planning Board. The plan shall be prepared in accordance with the regulations of this chapter and applicable Town design guidelines. The site plan shall be prepared as set forth in § 280-53E and also include the following:
(a)
Delineation of proposed open space, recreational, and civic
areas by type (preserve, parkland, agriculture, common area, neighborhood
green, or plaza).
(b)
Drawings indicating the architectural character and appearance
of building types, including construction materials.
(c)
Streetscape drawings showing streets with travel lane dimensions
and right-of-way widths, sidewalks, parking, streetlights, tree planting
areas and other landscaping.
(d)
Use, size, location and height of all proposed buildings and
structures, including building envelopes and dimensional standards.
(e)
A development schedule if phasing is proposed.
(6)
Preliminary approval. The Planning Board's decision shall state whether
the development plan is approved, conditionally approved, or denied.
The Planning Board's decision may include proposed revisions to be
incorporated in the final site plan. If the preliminary site plan
is disapproved, the Planning Board shall provide reasons for such
findings or may recommend further study of the application and resubmission
of the site plan to the Planning Board after it has been revised.
(7)
Town Board approval. Upon receipt of the Planning Board's preliminary site plan review, the Town Board shall hold a public hearing on the proposed rezoning. The Town Board shall deny, approve, or approve with amendments the rezoning application subject to final site plan review by the Planning Board in accordance with the procedures established in § 280-53. The Town Board may also refer any proposed amendment to the Planning Board for report and recommendation before adoption. If approved, the Town Board shall adopt a local law amending the official Zoning Map creating the PUD District. The map shall contain a reference to the local law's date of adoption and number. The local law shall reference the final site plan and any conditions of approval.
(8)
Subdivision approval. If the application requires subdivision approval, the Planning Board's preliminary approval and the Town Board's approval constitute subdivision approval under Chapter 247, Subdivision of Land, subject to the following conditions:
F.
Change in tenancy or use. A change in tenancy or use for which the
Zoning Inspector makes a written determination that the change in
tenancy is similar to a use allowed and/or consistent with conditions
imposed in an approved PUD shall be allowed. A change in tenancy or
use that is inconsistent with the approved PUD shall require an application
for a PUD amendment to the Town Board.
G.
Financial responsibility. No building permit shall be issued until
all public improvements are installed or a letter of credit posted
under NYS Town Law § 277 or escrow account established to
cover costs of the improvements.
H.
Lapse. The Town Board shall consider a provision whereby approval
of PUD may lapse or become void upon failure of the applicant to proceed
with construction of the development in a timely manner or should
the applicant otherwise fail to meet conditions of approval. The Town
Board may consider rezoning the parcel(s) back to the zoning designation
prior to approval of the PUD.
I.
Continuing jurisdiction. The jurisdiction of the Planning Board shall
continue until all of the structures, streets, green/parkland areas
and improvements shown on the final approved site plan have been either
fully completed or dedicated. The Planning Board shall have the authority
to direct the Chief Building Officer to issue a stop-work order if
at any time it is determined that said structures, streets, green/parkland
areas and improvements are not in conformity with the final approved
site plan.
A.
Purpose. The MH District provides for operating and maintaining manufactured
housing units.
C.
Requirements.
(1)
Water supply and sewerage. No manufactured housing community shall
be established except in an area serviced by a municipal water supply
and distribution system and municipal sanitary sewer system to which
each manufactured housing unit shall be connected. Each manufactured
housing unit shall grant to the Town such easements, for water and
sewer use, as deemed necessary by the Superintendent of Water and
Wastewater Management.
(2)
Land area. A manufactured housing community shall contain not less
than 25 acres and shall be laid out in consecutively numbered unit
lots with a minimum area of 7,500 square feet, each of which shall
be a minimum of 50 feet in width at the front installation point.
(3)
Use and accessory uses. The use within a manufactured housing community
shall be residential and may include accessory uses, including a garage
for vehicles, storage, laundry, and recreational facilities for the
sole use of residents of the court.
(4)
Streets.
(a)
Entrance roads. Entrance roads leading into or out of a manufactured
housing community shall be a minimum width of 50 feet and shall be
constructed on compacted gravel. The width and depth of the gravel
shall be determined based upon soil conditions existing at the site.
The entrance road shall be surfaced to a minimum width of 30 feet
in asphalt concrete material three inches in depth and shall be provided
with a water drainage system designed to convey surface water into
a natural watercourse.
(b)
Interior streets. Interior streets shall be not less than 35 feet in width and shall be constructed on compacted gravel. The width and depth of the gravel shall be determined as provided in Subsection C(4)(a). Such streets shall be surfaced to a minimum width of 30 feet with an asphalt concrete material three inches in depth and shall be provided with a water drainage system to convey surface water into a natural watercourse.
(c)
Underdrains. The Planning Board is authorized to require underdrains
whenever it finds such facilities to be reasonably necessary to the
preservation and maintenance of roads and streets.
(5)
Number of manufactured housing units. No manufactured housing community
shall contain more manufactured housing units than the number of lots
approved by the Planning Board. No more than one manufactured housing
unit shall occupy a single-unit lot, and no manufactured housing unit
shall occupy land area not designated as a unit lot.
(6)
Size of manufactured housing unit. A manufactured housing unit shall
have a minimum of 850 square feet of floor area.
(7)
Buffer zone. A manufactured housing community shall be buffered from
surrounding properties and highways by a minimum twenty-five-foot-wide
strip of land which shall be maintained as an undeveloped area abutting
all adjoining property lines. No part of a lot, dwelling, or structure
shall be placed within such buffer zone.
(8)
Setbacks. No manufactured housing unit or service building shall
be closer to a public street or highway or public street or highway
right-of-way than 50 feet or closer to a court property line than
30 feet. No manufactured housing unit or structural extension thereof,
or accessory building shall be placed on a unit lot within 12 feet
of a lot side line or 20 feet of a lot front or rear line.
(9)
Off-street parking. Each lot shall be provided with a driveway surfaced
with asphalt concrete material, designed and laid out to provide for
no less than two off-street parking spaces, each having a minimum
width of nine feet and minimum length of 20 feet.
(10)
Open area. A manufactured housing community shall provide and
maintain a minimum open space area of 10% of the total area. The use
of such open areas shall be limited to recreational and agricultural
purposes, and no structure shall be erected upon the lands of such
open areas except such as shall be determined by the Planning Board
to be incidental to such recreational or agricultural use.
(11)
Skirting. Except where the area between a manufactured housing
unit and the ground level is fully enclosed by a perimeter foundation,
a manufactured housing unit shall have perimeter skirting to conceal
its wheels, chassis, and appurtenances under the dwelling.
(12)
Foundation. Each manufactured housing unit shall be securely
anchored to a masonry foundation with a minimum width of eight inches
in width and extending 18 inches below ground level. Such foundation
may be constructed in the form of a perimeter foundation, lateral
runners, longitudinal runners or pillars. The manufactured housing
unit shall be attached to such foundation in not less than four adequately
spaced locations by attaching devices capable of withstanding a tension
force of a minimum 2,800 pounds at the point of attachment.
(13)
Fuel tank. A fuel tank shall be screened so as to be hidden
from view.
(14)
Signs. No commercial sign shall be displayed, except that a
manufactured housing community may display at each public entrance
a sign not exceeding six square feet in area on each side indicating
the name of the manufactured housing community.
(15)
Streetlights. A manufactured housing community shall provide
and maintain streetlights within such court in order to adequately
illuminate the streets of the court. The placement and number of these
lights shall be included in a plan presented to the Planning Board
for its review and approval.
(16)
Landscaping. The manufactured housing community shall provide
a landscaping plan for review by the Planning Board. The plan shall
show plantings, placement of green space and buffer zones, and the
types of vegetation on these and shall include the placement of at
least two trees on each lot with a minimum diameter of two inches.
(17)
Accessibility. Entrances and exits connecting with public streets
shall intersect with such streets at 90° angles. Streets within
a manufactured housing community shall be laid out and designed so
as to provide an unimpeded flow of vehicular traffic to all manufactured
housing units. A street terminating within the court shall be provided
with a turnaround or a cul-de-sac with a minimum radius of 70 feet.
(18)
Building Code. The provisions of the NYS Uniform Fire Prevention
and Building Code, to the extent applicable to manufactured housing
units, shall apply to the installation, construction, reconstruction,
renovation, modification, remodeling, rehabilitation, and occupancy
of a manufactured housing unit.
D.
Prohibitions. No manufactured housing unit shall be used, occupied or inhabited for a purpose within the Town except within a manufactured housing community. No area within the Town shall be used as a manufactured housing community except within an MH District. Nothing contained in this subsection shall be construed as preventing the parking or storing of uninhabited manufactured housing units for the purpose of wholesale or retail sales or leasing by a vendor duly authorized to engage in such sale or leasing by site plan approval in an area zoned for nonresidential use. Nothing contained in this chapter shall be construed as prohibiting the replacement of a manufactured housing unit in a manufactured housing community in existence on the effective date of the enactment of this section. Nothing contained in this chapter shall be construed as prohibiting the replacement of a manufactured housing unit on a site outside of a manufactured housing community where such site has been continuously occupied by a manufactured housing unit since July 7, 1958, and where such manufactured housing unit has been continuously inhabited since that date, such replacement being subject to the provisions of § 280-32.
[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.[1] To the extent that any provision of this section conflicts with other sections in Chapter 280, the provisions of this section shall control.
[1]
Editor's Note: Schedule A is on file in the Town offices.
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.
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.
(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.
(c)
The minimum setback requirements set forth in § 280-24B(7) for district boundaries are not applicable.
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.
A.
Purpose. The BNRP District provides for nonretail, professional,
mixed uses, and employment opportunities that are accessible to residential
neighborhoods. This district is intended to act as a transition area
between residential and commercial districts. Shared access and rear
yard parking among uses is encouraged, and new development shall be
compatible with the general character and residential scale of adjacent
buildings and should result in an overall design that complements
the existing character of the streetscape. The uses in this district
require review of the impacts of lighting, noise, odors, and hours
of operation on nearby properties.
B.
C.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
D.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
Animal hospital.
(2)
Day-care center, provided that it fronts on a state or county highway.
(5)
Mortuary or funeral home.
(6)
Newspaper office, printing shop not exceeding 7,500 square feet of
gross floor area.
(7)
Nonprofit institution for charitable, religious, cultural or community
social purposes, but not including retail activities.
(8)
Office, general exceeding 2,500 square feet of gross floor area.
(9)
Office, medical exceeding 2,500 square feet of gross floor area.
(10)
Private school, but not including business, dancing, trade or
other commercially oriented school.
(11)
Public utility substation and uses, excluding power plant or
repair yard, maintenance or storage facility or uses of a similar
nature.
(12)
Religious institution.
(13)
Residential care facility, independent-living, see § 280-40, Supplemental regulations.
[Amended 5-21-2019 by L.L. No. 7-2019; 9-17-2019 by L.L. No. 10-2019]
(14)
Other uses not specifically listed here, but determined by the
Zoning Board to be of a similar nature. Under no circumstances shall
a use specifically listed in the LB, GB, IP or I District be permitted
in the BNRP District.
A.
Purpose. The LB District provides for shopping, dining, professional
services, and employment opportunities that are accessible from residential
neighborhoods. This district provides additional alternative housing
opportunities within mixed-use buildings. This district is located
along highways and transit corridors and allows uses that are more
intensive than those allowed in the BNRP District. The uses in this
district require review of the impacts of lighting, noise, odors,
and hours of operation on nearby properties.
B.
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 or special use permit in the BNRP
District.
(2)
Bed-and-breakfast consisting of four guest rooms or fewer.
(3)
Office, general not exceeding 20,000 square feet of gross floor area.
(4)
Office, medical not exceeding 20,000 square feet of gross floor area.
(5)
Recreation, passive.
D.
Special uses. The following uses and their accessory uses are authorized by special use permit pursuant to § 280-52:
(1)
Auto accessories and parts (excluding repairs), provided that such
use does not occupy or exceed 7,500 square feet of gross floor area.
(2)
Bakery.
(3)
Bank, credit union, and financial institution, including automobile
drive-through.
(4)
Billiard hall, provided that no alcoholic beverages are sold or served
on the lot.
(5)
Bowling alley.
(7)
Convenience store, food only.
(8)
Garden facility/nursery.
(10)
Hotel, Local.
(13)
Laundromat or dry-cleaning establishment.
(15)
Office, general exceeding 20,000 square feet of gross floor
area.
(16)
Office, medical exceeding 20,000 square feet of gross floor
area.
(17)
Residential care facility, assisted-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(19)
Restaurant, sit-down.
(20)
Retail, local.
(22)
Shopping center, local.
(23)
Other uses not specifically listed here, but determined by the
Zoning Board to be of a similar nature. Under no circumstances shall
a use specifically listed in the GB, IP, or I District be permitted
in the LB District.
A.
Purpose. The GB District provides a broader range of commercial uses
that are more intensive than those allowed in the LB District. This
district is located in areas with direct access to state and county
highways and transit service and provides a wide variety of goods
and services that serve Town and regional needs.
B.
D.
Special use permits. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
A use listed as a special use permit in the LB District.
(2)
Amusement arcade in shopping center, regional.
(3)
Animal hospital.
(5)
Automobile accessories and parts (excluding repairs).
(7)
Bar or tavern.
(8)
Bus passenger terminal.
(9)
Car wash.
(10)
Clinic, dental or medical.
(11)
Club.
(12)
Commercial school such as barber, beauty, art and dancing studio
and similar use.
(13)
Convenience store, gas.
(14)
Dance hall, discotheque, skating rink, billiard hall.
(16)
Hospital.
(18)
Motel.
(19)
Office, general exceeding 20,000 square feet of gross floor
area.
(20)
Office, medical exceeding 20,000 square feet of gross floor
area.
(21)
Places of public assemblage.
(22)
Printing and copy shop.
(23)
Public utility substation and uses.
(24)
Recreation, commercial.
(25)
Rental of trucks, trailers, etc., associated with automobile
service stations or other uses.
(26)
Restaurant, sit-down, drive-through, and fast-food.
(27)
Retail, general.
(28)
Shopping center, general.
(29)
Shopping center, regional.
(31)
Theater (not including drive-in theater).
(32)
Towing service.
[Added 9-5-2017 by Ord.
No. 10-2017[1]]
[1]
Editor’s Note: Former § 280-21D(32) , as amended, was redesignated as § 280-21D(33).
(33)
Other uses not specifically listed here, but determined by the
Zoning Board to be of a similar nature. Under no circumstances shall
a use specifically listed in the IP or I District be permitted in
the GB District.
A.
Purpose. The I District provides for research- and development-oriented
industries and other manufacturing uses which utilize advanced technology
without adverse effects from smoke, noise, odors, dust and dirt. This
District is also intended to attract and encourage light industrial
use and light manufacturing uses with minimal environmental impacts,
and where heavier industry is inappropriate due to environmental concerns
or close proximity to residences.
[Amended 2-7-2017 by L.L.
No. 3-2017]
B.
Permitted use. The following use is permitted:
(1)
A change in tenancy for which the Zoning Inspector makes a written
determination that:
C.
Site plan uses. The following uses and their accessory uses are authorized by Site Plan approval under § 280-53:
[Amended 9-20-2016 by L.L. No. 5-2016; 2-7-2017 by L.L. No. 3-2017]
D.
E.
Prohibited uses. The following uses are expressly prohibited in the
I District and any other district:
[Amended 2-7-2017 by L.L. No. 3-2017]
(1)
Asphalt manufacture or refining.
(2)
Disinfectant and insecticide manufacture.
(3)
Explosives, fireworks or match manufacture, assembling or storage.
(4)
Fuel, gasoline, oil storage other than fueling service at an approved
truck stop.
(5)
Hydraulic fracturing or hydro-fracking.
(6)
Junkyard.
(7)
Manufacturing, hazardous heavy.
(8)
Oil or gas drilling or exploration.
(9)
Petroleum refining.
(10)
Poisons manufacture.
(11)
Use, storage or disposal of industrial hazardous wastes as listed
under Title 9 of Article 27 of the New York State Environmental Conservation
Law.
(12)
Sulfurous, sulfuric, nitric, picric or hydrochloric acid or
other corrosive or offensive acid manufacture, or their use or storage,
except on a limited scale as accessory to a permitted industry.
(13)
A use which, in the opinion of the Zoning Board or Planning
Board, is or is likely to be noxious or offensive due to the emission
of odor, smoke, toxic or noisome fumes, radiation, gas, noise, vibration
or excessive light, or combination thereof, or is likely to be harmful
or injurious to public health, safety or the general welfare.
F.
Special requirements for I District. In addition to standards and
regulations herein prescribed, all uses in the I District shall be
subject to the following specific regulations:
(1)
No use shall:
(a)
Cause the emission of excessive smoke, fumes, gas, odors or
other atmospheric pollutant beyond the boundaries of the district
and, for the purpose of this subsection, smoke shall be deemed excessive
when its shade or appearance is darker than Number 2 on Ringelmann's
Scale for Grading Density of Smoke.
(b)
Cause noise audible beyond the boundaries of the I District.
(c)
Discharge waste material into a sanitary disposal system or
sewerage system, except as permitted by the public health authorities
of the municipality controlling such sewerage system and as permitted
by the Town with respect to a Town-owned or -operated sewerage system.
(d)
Store or stock any putrid waste material.
(e)
Discharge waste materials, radioactive materials, hazardous
chemicals or other contaminants onto or into the ground or air.
(2)
Requirements. An allowed use shall comply with the following requirements:
(a)
Store all materials, supplies, finished or partially finished
products on the rear half of the premises screened from any existing
or proposed street.
(b)
Loading docks and other facilities for the handling of freight
and materials only on those sides of a building not facing a street
or proposed street.
(c)
Landscape the unoccupied or unused portion of the premises with
lawn, trees, shrubs or other plant material with due consideration
to the natural growth and the nature and condition of the terrain.
(d)
Where the premises adjoin a Residential District, in addition
to fencing requirements, provide a landscaped buffer strip along the
district boundary with a minimum width of 100 feet.
(e)
Additional conditions and requirements as may be imposed by
the Zoning Board of Appeals or Planning Board where applicable upon
review of a proposed development.
G.
General site design.
(1)
There shall be an adequate, safe and convenient arrangement of roadways,
driveways, off-street parking and loading space.
(2)
Buildings, vehicular circulation and open spaces shall be arranged
so that pedestrians are not unnecessarily exposed to vehicular traffic.
(3)
Coordinated site design, including, but not limited to, shared parking
and circulation systems, stormwater management, signs, landscaped
areas and garbage collection, is encouraged for adjacent similar uses.
A.
Purpose. The IP District provides for development of industrial parks
that will accommodate light industrial manufacturing, warehousing,
distribution facilities, technological, research, computer, telecommunication
uses, offices and similar activities in a well-designed and landscaped
setting without adverse effects from smoke, noise, odors, dust and
dirt. These areas should he developed to maximize investment in infrastructure,
minimize impact on nearby development and offer state-of-the-art facilities.
It is the intent of this district to:
[Amended 2-7-2017 by L.L.
No. 3-2017]
(1)
Provide a planned business and industrial park environment;
(2)
Assure adequate Town control over the physical and visual design
of the developed areas;
(3)
Provide flexibility to respond to the needs of business without adversely
impacting adjacent development or neighborhoods; and
(4)
Provide for major economic development opportunities.
B.
Permitted uses. The following accessory uses that are customary and incidental to a site plan use under § 280-23C or a special use permit under § 280-23D are permitted:
(1)
Accessory structure not exceeding 20 feet in height or 400 square feet in gross floor area, except as provided in § 280-24.
(2)
Day-care center for exclusive use of employees and guests of a principal
use.
(3)
Medical offices for employees and guests of a principal use.
(4)
Recreational, commercial for the exclusive use of employees and guests
of a principal use.
(5)
Restaurant for the exclusive use of employees and guests of a principal
use.
(6)
Storage of equipment, goods or materials.
(7)
Training center for employees of the principal use.
(8)
A change in tenancy for which the Zoning Inspector makes a written
determination that:
C.
Site plan uses. The following uses are authorized by site plan approval under § 280-53:
(1)
Commercial bakery, food processing.
(2)
Contractor yard.
(3)
Electronic data processing and storage.
(6)
Manufacturing, light.
(7)
Office, general.
(8)
Print shop.
(9)
Research and development.
D.
Special uses. The following uses are authorized by special use permit under § 280-52:
[Amended 2-7-2017 by L.L.
No. 3-2017]
(2)
Manufacturing.
(3)
Recreation, commercial.
(4)
Recyclables handling and recovery facility. Solid waste which the
facility does not intend to recover and does not contain putrescible
material may be stored for a maximum of two weeks. Solid waste or
recyclables shall not be stored in such a manner that they become
a nuisance or a sanitary or environmental problem. All indoor and
outdoor storage and handling areas shall include appropriate fire
detection and protection equipment and be accessible by firefighting
equipment. All outdoor storage areas shall be properly screened by
landscaping and/or fencing from adjacent or nearby properties.
(5)
Truck stop, provided that access to the industrial park is secure
and not provided to the general public.
F.
Special requirements for the Northeastern Industrial Park. All uses
in the Northeastern Industrial Park shall also be subject to the following
special requirements:
(1)
Future access point, surrounding roadway improvements and other mitigation
measures shall be provided for as stated in the Generic Environmental
Impact Statement (June 2005) and Town Board Findings Statement.
(2)
For buildings along County Route 201, exterior building colors shall
be light, non-gloss neutral tones, with brighter or contrasting colors
used for accents.
(3)
Site lighting shall consist of 400 watt (max) or lesser equivalent
measurement in lumens mounted on 30 feet high maximum poles. Building-mounted
lighting shall have full cut-offs to direct the lighting downward.
