Within any Hamlet Business (HB), Village Business (VB), Commercial
(C-1, C-2, or C-3) Zone, a building, structure or lot shall conform
to the uses indicated in Appendix A. Table of Use Regulations, for the specific district in which it is located on the
Zoning Map, and in accordance with the particular classification of
such uses in that district. Further, any such building, structure
or lot shall only be utilized in conformance with the provisions of
Appendix B, Table of Dimensional Regulations. In addition, such uses shall also comply with all other
applicable provisions of this chapter. Within any such district or
zone, a parcel may be used for more than one use.
If an airport ceases operation for more than two years, the
Airport District as shown on the Zoning Map and detailed in this chapter
shall revert to a C-3 Commercial District.
The following performance standards shall be applicable to any
use in a Commercial District (C1, C2, C3), Hamlet and Village Business
Districts (HB and VB) and any nonresidential use allowed in a Residential
District (RRA-1, RRA-2, VR, and HR). The issuance of any permits and/or
certificates of occupancy shall be contingent upon compliance with
these standards and conditions.
A. Performance standards procedure. Any application for a building permit
for a use which shall be subject to performance standards shall be
accompanied by a sworn statement by the owner of subject property
that said use will be operated and maintained in accordance with the
performance standards set forth herein.
B. Definition of elements. No land or building subject hereto shall
be operated, used or maintained in any manner that may create any
dangerous, injurious, noxious or otherwise objectionable fire, explosive
or other hazard; noise or vibration, smoke, dust, dirt or other form
of air pollution; groundwater or surface water pollution; soil pollution;
electrical or other disturbance; glare; or other substance, condition
or element in such amount as to adversely affect the surrounding area
or premises (referred to herein as "dangerous or objectionable elements").
C. Determination of enforcement location. The determination of the existence
of any dangerous and objectionable elements shall be made: 1) at the
point or points where such elements shall be most apparent for fire
and explosion hazards, for radioactivity and electrical disturbances,
for smoke and other forms of air pollution; 2) at or beyond the property
lines of the use creating such elements for noise, for vibration,
for glare, for odors, and for other substance, condition or element,
wherever the effect is greatest; and 3) at the point(s) of discharge
or release for soil, groundwater, or surface water.
D. Standards to be enforced.
(1) Fire and explosion hazards. All activities involving, and all storage
of, inflammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and adequate
firefighting and fire suppression equipment and devices standard to
this industry. Burning of waste materials in open fires is prohibited.
The relevant provisions of state and local laws and regulations shall
also apply.
(2) Radioactivity or electrical disturbance. No activities shall be permitted
which emit dangerous radioactivity or electrical disturbance adversely
affecting the operation of any equipment. All applicable federal regulations
shall be complied with.
(3) Noise. No noise which is objectionable due to volume, intermittence,
beat frequency or shrillness shall be perceptible outside the property
where it originates.
(4) Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in Subsection
C.
(5) Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding, or otherwise, so as to be visible at the points of measurement specified in Subsection
C.
(6) Smoke. No emission shall be permitted from any chimney or otherwise
of visible grey or dark smoke of a shade equal to or darker than No.
2 on the Power's Micro-Ringlemann Chart, as amended (being a direct
facsimile reduction of a standard Ringlemann Chart issued by the United
States Bureau of Mines).
(7) Odors. No emission shall be permitted of odorous gases or other odorous
matter in such quantities as to be readily detectable without instruments
at the property line of the zone lot from which they are emitted.
(8) Other forms of air pollution. No emission of fly ash, dust, fumes,
vapors, gases and other forms of air pollution shall be permitted
which can cause any health hazard, physical hazard or damage to humans,
animals, or the environment.
(9) Groundwater and surface water pollution. No release by any means
of any substance shall be permitted that can pollute or harm groundwater
or surface water, including any associated floodplain(s).
(10)
Soil pollution. No release by any means of any substance shall
be permitted that can pollute the soil of the property location or
any surrounding property. Any use pursuant to this section must adequately
prevent soil erosion and/or siltation of surface water bodies.
E. Compliance with this chapter. Upon approval of an application for site plan or a special permit, the Board may request that applicant agrees to authorize the Town's Zoning Enforcement Officer and/or Building Inspector to enter the property and any structures for the purpose of determining compliance with this chapter including §§
190-12,
190-13 and
190-19. Additionally, no site plan approval or special permit shall be granted for any property on which there exists a violation of this chapter, including a violation of any condition of a previous approval, unless the Board finds that the applicant has no legal right or ability to remedy the violation or that the site plan approval or grant of a special permit is necessary to remedy a condition that poses a risk to public health or safety.
The following design standards shall be applicable to any use
in a Commercial District (C1, C2, C3), Hamlet, and Village Business
districts (HB and VB) and any nonresidential use allowed in a Residential
District (RRA-1, RRA-2, VR and HR). The issuance of any permits and/or
certificates of occupancy shall be contingent upon compliance with
these standards and conditions.
A. Access standards.
(1) Vehicle access and circulation.
(a)
Curb cuts shall be consolidated in order to provide clearly
defined entrances and reduce conflicting vehicular movement.
(b)
All uses shall utilize the existing streets to the extent possible.
[1]
Any new street shall be located consistent with the official
map, if such exists, unless otherwise sufficiently justified and shall
be constructed in full compliance with the requirements for new Town
roads.
[2]
Any alley or lane shall be located consistent with the guidelines
for the district in which it is proposed and shall be constructed
in compliance with the requirements for driveways.
(c)
Driveways, when provided, shall comply with the following:
[1]
The minimum distance between the center-line intersection of
any two streets and the intersection of a driveway center line and
one of said street center lines shall be no less than 60 feet.
[2]
All driveway entrances to streets shall be constructed in compliance
with the applicable regulations of the state, county or local agency
having jurisdiction over such street.
[3]
In any nonresidential district, wherever a driveway or alley
crosses a walkway, special paving accents or textures shall be provided
to delineate the walkway.
(d)
Sight triangle. To assure motorists have a clear line of sight
at intersections, the Planning Board shall refer to guidance in Guidelines
for Driveway Design and Location, by the Institute of Transportation
Engineers, and Policies and Standards for Entrances to State Highways,
published by the New York State Department of Transportation, as amended,
or similar guidelines. In general, except for existing trees having
all branches within six feet of the ground removed, no structure or
planting more than three feet in height, as measured from the street
surface at the nearest edge of the street, shall be erected, placed
or maintained within the triangular area formed by:
[1]
For streets, the intersecting center lines of the streets and
a line through two points, each of which is 50 feet distant from such
intersection along said center line.
[2]
For alleys or driveways, the intersecting center lines of the
alley or driveway and the street and a line through two points, each
of which is 30 feet distant from such intersection along said center
line.
(e)
All streets shall be separated physically from walkways by a
curb, vegetated strip or other physical separation. Streets and off-street
parking facilities may not be used to satisfy any requirement for
pedestrian circulation.
(f)
Fire lanes providing access for emergency vehicles shall be
established, identified and maintained free from obstruction in consultation
with the Fire Department.
(g)
In order to minimize the number of entrances and exits on Routes
9, 9H and 66, owners of lots having frontage on these roads shall,
using its best efforts, cooperatively develop inter-lot connections
between parking lots, driveways and alleys as part of any new development.
(h)
The Planning Board shall evaluate traffic impacts of a proposed
project and shall ensure that any such traffic impacts are minimized,
especially in residential neighborhoods.
(2) Bicycle paths. When indicated on the official map, if such exists,
or when existing bicycle paths have been developed to or along a lot
for which a new use is proposed, such proposal shall include a bicycle
path across said lot which shall be separated from the walkways and
streets and shall have a minimum of crossings therewith.
(3) Pedestrian access and circulation for all nonresidential uses:
(a)
Pedestrian access shall be provided and maintained for all parking
areas to all uses.
(b)
For HB and VB Zones only, a walkway shall be provided to and
between each use on a lot.
(c)
Walkways may consist of any combination of walks, paths, terraces,
patios and similar elements interconnected so as to provide access
to all buildings and off-street parking.
(d)
The development of any lot shall provide a walkway utilizing
sidewalks or an equivalent acceptable to the Planning Board along
the full frontage of said lot to connect adjacent lots and to enhance
and provide definition to the street providing frontage for the lot.
[1]
All sidewalks shall be constructed of concrete, brick, stone,
tile, rubber or similar material or combination of materials that
exhibit a modular size and pattern. Blacktop or asphalt concrete shall
be discouraged for sidewalks, unless it is used as a landscape design
element.
[2]
All sidewalks shall be designed to be consistent with the Americans
with Disabilities Act Accessibility Guidelines, as amended or other
similar guidelines, as well as standards of the highway agency if
sidewalks are to be located within the right-of-way.
B. Sewer and water requirements. The Columbia County Health Department
and, when necessary, the New York State Department of Environmental
Conservation shall approve all sewerage and water systems which will
service the use in these districts.
C. Distance from residential districts. No building or use other than
parking shall be permitted within 50 feet from the boundary line of
any residential district or from a property line in a residential
district.
D. Screening standards.
(1) Required locations.
(a)
Screening shall be provided to minimize the view of any off-street
parking or storage of motor vehicles not located to the rear of the
front building line.
(b)
Screening shall be provided to minimize the view of accessory
storage.
(c)
Screening shall be provided around any potentially dangerous
or hazardous use. Such screening shall also minimize entry by any
unauthorized persons.
(d)
Screening shall be provided to minimize the view of any off-street
loading dock from any point along a property line common to any residential
use or from any street.
(e)
Screening shall be provided to minimize the view of any nonresidential
use from any point along a property line common to any residential
use, unless the nonresidential uses reasonably blend in with the adjoining
residential uses.
(2) Materials. Screening shall be accomplished using the following materials:
(a)
Existing native plant growth.
(b)
An existing combination of topography and native plant growth.
(c)
New landscaping materials.
(d)
A stone or brick wall no more than six feet in height as measured
from the adjoining finish grade.
(e)
A fence which blends into the site and its surroundings.
[1]
Chain-link fencing may be used where necessary for security
purposes, but shall be provided with interwoven or applied material
which obscures vision and shall be finished in an earth tone or black
color.
[2]
Except for agricultural uses, no barbed wire, razor wire, electrically
charged wire or similar material that will cause harm to any person
or animal shall be installed for the purposes of security, unless
the applicant makes a clear demonstration of need.
(3) Specifications. The Planning Board, in its review of each application,
applying the above standards, shall determine the degree of opacity
and the height of the screening. In each case, the final design shall
provide screening of sufficient height and opacity to minimize the
view.
E. Landscaping standards. Landscaping shall define and shape exterior
spaces and shall also be used to assist in the direction of pedestrian
or vehicular movement, and contribute to the overall aesthetic quality
of the site and its environs. A landscape plan shall be prepared by
a landscape design professional, architect, engineer or nurseryman.
Landscaping shall be required for, among other areas, corridor walkways,
parking islands and beds, and screening.
(1) Specifications.
(a)
Off-street parking.
[1]
Any planting bed shall contain at least one tree and such other
plant materials as are recommended by a landscape design professional,
architect, engineer or nurseryman for such location.
[2]
Any planting island shall contain sufficient trees, shrubs and
other plant materials as are recommended by a landscape design professional,
architect, engineer or nurseryman for purposes of establishing vertical
interruption and definition to vehicular movement.
[3]
Any required street separation shall include trees, shrubs,
ground cover and grass as appropriate to minimize impervious materials
and to provide definition for any walkway contained therein.
(b)
Transportation corridors. All new trees shall be spaced according
to the height and spread at maturity for each species.
[1]
Street trees shall be located within the right-of-way of the
street providing frontage for the subject lot, and in accordance with
any applicable design guidelines, unless permission cannot be obtained
from the agency with jurisdiction over the street to locate trees
in the right-of-way. In that case, street trees shall be located on
the subject lot adjacent to the right-of-way, in locations to be determined
by the Planning Board.
[2]
As required by the Planning Board, vegetative buffers and/or
trees shall be provided within the walkway that is part of the street
providing frontage for any lot. In no event shall trees be planted
in the Town, county or state road right-of-way without permission
of the state or local authority with jurisdiction over the right-of-way.
(c)
Site furnishings such as benches, tables and chairs, fountains,
sculpture, trash receptacles, planters, etc., may be provided in defined
public spaces.
(2) Plant materials. All plants shall be natural and shall be maintained
in a vigorous growing condition as a requirement of site plan or special
use permit approval. Any plant not so maintained shall be replaced
with a new plant no later than the beginning of the next growing season.
Care shall be taken in the selection and planting of trees so that
their roots do not disturb the sidewalk.
(3) Protection. All shrubs and trees shall be protected from potential
damage inflicted by vehicles using off-street parking, driveways or
other streets by means of a raised curb placed at the edge of the
pavement or some other means deemed equally appropriate for this purpose
by a landscape design professional, architect, engineer or nurseryman.
(a)
The base of any new tree or shrub shall be maintained free from
impervious materials that would impede the growth or otherwise impair
the health of such plant.
(b)
No new tree shall be located closer than 10 feet to any fire
hydrant nor closer than three feet to any curb, as measured from the
trunk center line of such tree.
F. Open space standards.
(1) Open spaces disturbed by construction shall be restored with appropriate
landscaping after construction is completed in accordance with a schedule
previously agreed to by the Planning Board. In addition to the definition
of "open space" herein, the following specific standards shall apply:
(a)
Any space required for the purposes of providing a fire lane
shall be maintained free from combustible material.
(b)
Any open space required for the purposes of providing a buffer
shall be landscaped and maintained.
(2) Open space, where required, shall be contiguous and connect to open
space on adjacent lots.
G. Architectural features standards. Any documentation describing the
architectural features, location and dimensions of buildings shall
be prepared by an architect or engineer, including documentation describing
new buildings, additions or alterations to existing buildings, and
all physical improvements accessory to or necessary for such buildings.
(1) Architectural features are regulated by the Table of Dimensional
Regulations, Appendix B and other provisions in this chapter and the
State Building Code. In addition, the following standards shall apply:
(a)
Form. Within any Hamlet or Village Business District, no alteration
shall significantly alter, remove or destroy the proportion or detail
of any original facade. The proportion and detail of any existing
facade shall be maintained when it represents a reasonably accurate
example of traditional architecture. The practice of removing or "boxing"
period ornamentation with contemporary siding materials shall be discouraged;
constructing porches, stoops and verandas consistent with the existing
facade shall be considered appropriate alterations.
(b)
Materials. Additions to existing buildings should use materials
and details complementary with those incorporated in the parent structure
on building facades within any Hamlet or Village Business District.
(c)
Fenestration. New buildings shall articulate each opening in
a manner consistent with its location, importance, and purpose. Fenestration
shall be of a shape and proportion that is consistent with these guidelines
and that of buildings fronting on the same corridor.
[1]
New buildings, or additions to existing buildings, shall reflect
any discernible pattern of window and door openings that is established
among adjacent structures or is present in the existing building.
[2]
Constructing any blank, windowless facade facing a corridor
that provides frontage for the lot on which the building is located
should be avoided.
(d)
Roof shape. New buildings shall have a roof shape consistent
in proportion, form and character to traditional architecture or buildings
in surrounding neighborhoods.
[1]
Flat roofs are inconsistent with the traditional building character
of the Town and are not permitted, except where the size or type of
the building requires a flat roof, and facade variations and other
architectural features can disguise the flatness of the roof, e.g.,
use of a decorative parapet. At the discretion of the Planning Board,
a flat roof may be permitted where it is determined that the roof
shape is consistent with the historic character of adjoining buildings,
or buildings within 100 feet of a proposed building.
[2]
Low-slope roofs utilizing parapets, cornices and false fronts
may be considered depending on the style of nearby buildings.
(e)
Large building design, where the building has a facade longer
than 100 feet, shall present the appearance of a grouping of two or
more small, well-proportioned buildings incorporating ells, wings,
verandas, porticos, courtyards and similar elements as unifying features.
(2) Building location is restricted by the Table of Dimensional Regulations,
Appendix B. In addition, building heights and architectural and landscaping
features shall establish or retain the spatial definition of all corridors.
(3) Building dimension is restricted by the Table of Dimensional Regulations,
Appendix B. In addition, the following guidelines shall apply:
(a)
Any large building facade and the sides visible from the transportation
corridor shall incorporate changes in plane and architectural features
that give the appearance of several common-wall buildings.
(b)
The height of any new building shall generally be within one
full story of the existing buildings on adjacent lots.
H. Protection standards. For the purposes of protecting adjacent land
uses and the environment, certain physical features or improvements
shall be required.
(1) Lighting. No artificial illumination device shall be erected, constructed
or otherwise installed except in accordance with the following:
(a)
No such device shall spill light beyond the boundaries of the
lot upon which it is located to the extent that it would disturb a
reasonably sensitive individual on the adjacent lot, and provided
that there is no spillage into any street, thereby becoming a potential
traffic hazard, provided that light spillage may be permitted, upon
review and approval of the Planning Board, where the light spillage
is intended to light adjoining sidewalks for safety purposes.
(b)
All such devices shall direct light downward. Upward illumination
is permitted for flags, provided there is no spillage to adjacent
residential properties to the extent that it would disturb a reasonably
sensitive individual on the adjacent lot, and provided there is no
spillage into any street, thereby becoming a potential traffic hazard.
(c)
The maximum height of any freestanding illuminating device shall
be 16 feet as measured from the finish grade at the base of the supporting
structure to the point of the light source on the device.
(d)
Any illuminating device located within, along or immediately
adjacent to any walkway shall be restricted to a maximum height of
12 feet as measured from the finish grade directly below such device
to the point of the light source on such device.
(e)
No illuminating device shall consist of any flashing, blinking
or moving light source.
(f)
Any device used to illuminate and display any building, structure,
landscape, sign or the like, that incorporates a lamp greater than
375 lumens, shall have such lamp or bulb screened from direct view
by the general public.
(2) Historic site. Any use within 50 feet of any place located on the
State or National Register of Historic Places shall minimize any adverse
impacts on the historic character of such place.
I. Loading facilities.
(1) Provisions for handling of all freight shall be on those sides of
any building which do not face any street or any proposed street.
Furthermore, loading docks or areas, trash pickup points and truck
delivery routes shall be restricted to locations that are separate
from customer-travelled areas.
(2) Where loading facilities are required for a use, they must be adequate.
J. Parking requirements.
(1) Parking facilities specifications. The parking layout shall reflect
a well-conceived parking/customer access plan which utilizes appropriate
channelization and movement control devices.
(2) Required off-street facilities may be enclosed in a structure or
may be open. The minimum paved width of an ingress and egress to parking
spaces shall be: for parallel side parking, 12 feet; for 30° singular
side parking, 11 feet; for 45° singular side parking, 14 feet;
for 60° singular side parking, 19 feet; for 90° perpendicular
side parking, 24 feet. A car space shall be a usable area of not less
than 162 square feet in area and not less than nine feet in width,
all paved with appropriate impervious material. Such space(s) shall
be accessible from an approved street or ingress-egress way, as approved
by the Planning Board. Parking areas shall be constructed and suitably
maintained. Notwithstanding the above, the minimum width shall be
nine feet and minimum depth shall by 18 feet for parking spaces.
(3) Use specifications.
Use
|
Minimum Recommended Parking Space
|
---|
Residential use in VB and HB
|
1.5 space per unit
|
Nonresidential use in VB and HB
|
4 spaces for each 2,000 square feet floor area
|
Business, professional governmental offices and service businesses
|
1 space for every 300 square feet of floor area
|
Restaurants or other places serving food, beverages or other
refreshments
|
1 per 200 square feet of floor area
|
Retail food stores
|
1 per 200 square feet of floor area
|
Retail or service businesses, including laundries and laundry
pickup stations
|
1 per each 300 square feet of floor space designed to be used
for business purposes
|
Hotel or motel
|
1 for each guest room plus 1 for each 2 employees
|
Nursing home or health-related facility
|
1 per employee plus 1 space for each 4 beds in the facility
|
Manufacturing or industrial establishment, including offices
and other incidental operations on the same site
|
1 space for each 400 square feet of gross floor area, or 3 spaces
for each 4 employees
|
Laboratories and research establishments
|
1 space for each 400 square feet of gross floor area, or 3 spaces
for each 4 employees
|
Warehouse or storage building
|
1 space for each 1,000 square feet of gross floor area, or 1
space for each employee
|
Public utility facilities, electric, gas, water, telephone and
telegraph facilities not having business offices on the premises
|
1 space for each employee, including but not less than 2 spaces
for each such facility
|
Public utility facilities, electric, gas, water
|
1 space for each employee, including but not less than 2 spaces
|
Other permitted uses
|
As deemed necessary by the Planning Board during site plan review
|
K. Refuse area. Any refuse area shall be fenced or screened from view
and must be approved by the appropriate reviewing board as to location
and design.
Application shall be made to the Zoning Enforcement Officer
and will be subject to review in accordance with Appendix A and B. The Zoning Enforcement Officer shall also review the application to determine whether a site plan or modified site plan review pursuant to Article
VI is required, whether a review under the State Environmental Quality Review Act (SEQRA) is required, and shall conduct a review to assure compliance with all the applicable performance standards and design standards referred to herein. For projects that require Planning Board review, and in order to assure compliance with performance and design standards, the Planning Board may require the posting of a bond. If a special permit, site plan, or modified site plan review is needed, the application will be referred to the Planning Board for review and determination. If a variance is needed, the application will be referred to the Zoning Board for determination. Appeals being considered by the Zoning Board of Appeals shall also be referred to the Planning Board for its recommendation. In case of dual referral to both the Planning Board and the Zoning Board of Appeals, the Planning Board shall take the lead agency role and conduct the review under the State Environmental Quality Review Act (SEQRA). The application will include the following:
A. Application fee as provided for in the fee schedule adopted by the
Town Board.
B. Proof of landownership or lease. Applicant(s) must show evidence
of a full ownership interest in the land such as legal title to the
land or the execution of a binding sales agreement or lease.
C. Site plan developed in detail to describe the character and scope of the proposal completely, as set forth in Article
VI herein.
D. The Planning Board and/or Zoning Board shall approve, approve with
modifications or disapprove such application. In making its determination,
the Planning Board or Zoning Board shall satisfy itself that the applicant
meets or will meet all of the performance and design standards set
forth herein. In the appropriate instance, the Planning Board or Zoning
Board may grant preliminary approval, subject to further review and
final approval after completion of the project.