The purpose of the B-1 and B-2 Districts is
to provide suitable locations for various types of general and professional
offices as opposed to retail businesses. These districts are primarily
for the location of medical, legal, financial, real estate and corporate
offices and other general office uses which are not primarily engaged
in the sale of merchandise but are oriented toward providing services
to the general public. These districts are intended to be a buffer
between the larger retail areas and the residential districts that
exist in close proximity to major transportation systems, largely
because the hours of operation of these types of office uses, the
noise levels associated with these uses and the general overall aesthetics
of office site plans are generally more acceptable as transition zones
to residential areas. Further, the B-1 and B-2 Districts are intended
to preserve the infrastructure of the transportation systems along
the New York State Route 146 corridor by limiting density and thereby
reducing the traffic impacts associated with high-density commercial
uses.
A.
The B-1 District, as delineated on the attached maps,[1] generally includes the New York State Route 146 corridor
east of the intersection of Vischer Ferry Road and New York State
Route 146A to the intersection of Plank Road and New York State Route
146 near Exit 9 of I-87, portions of New York State Route 146 west
of New York State Route 146A and east of Tanner Road, parts of Maxwell
Drive, Plank Road south from its intersection with Bent Pine Hollow,
a portion of the north side of Ushers Road near I-87 and portions
of New York State Route 146 in Rexford, a parcel along Crescent Road
near Southbury Road, Tax Map No. 284.-1.-21. It serves to allow the
conversion of existing residential dwellings and vacant lots into
general office uses while maintaining the area's residential character.
The areas immediately adjacent to but not fronting these major transportation
systems continue to be approved for residential use according to the
Town's Comprehensive Plan. It is the intent of the Town to preserve
the property values and the character of these neighborhoods by requiring
standards for the B-1 District that will maintain residential footprints
for site plans located within this district. It is intended that buildings
in this district be compatible in size and appearance with residential
dwellings.
[Amended 3-15-1999 by L.L. No. 2-1999; 5-17-1999 by L.L. No. 4-1999]
[1]
Editor's Note: The Zoning Map is on file in
the Town offices.
B.
The B-2 District generally encompasses areas along
New York State Route 146, south of the intersection of Blue Barns
Road and Glenridge Road, the south side of Van Patten Drive and the
north side of Ushers Road, east of Wood Dale Drive and parts of the
New York State Route 146 east-west corridor, all identified on the
supplemental zoning maps accompanying this article.[2] The purpose of this district is to provide a suitable
location for more traditional office buildings and office parks containing
general and/or professional uses while providing for and maintaining
a transition between retail uses and residential neighborhoods. The
buildings located in the B-2 District shall not be subjected to the
residential footprint standards of the B-1 District but shall, however,
meet all the requirements of the Planning Board and the Town Code
in addition to the specific requirements of this article as they pertain
to the B-2 District.
[2]
Editor's Note: The Zoning Map is on file in
the Town offices.
The location and boundaries of the B-1 and B-2
Districts are declared and delineated on the Official Zoning Map as
attached hereto.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Town offices.
A.
The following uses are permitted in the B-1 and B-2
Districts:
(1)
General business offices in accordance with the purposes
of this article, excluding offices devoted to the on-site sale, rental
or distribution of merchandise, either retail or wholesale, unless
clearly incidental to the approved use.
(2)
Medical and dental offices and clinics, excluding
overnight occupancy by patients.
(3)
Attorneys' offices.
(4)
Offices for licensed professionals, for example, architects,
accountants, engineers, psychologists, optometrists and chiropractors.
(5)
Insurance offices of independent or general agents,
including regional or district offices of individual companies.
(6)
Mortuaries or funeral homes.
(7)
Center for the day care of children.
(8)
Real estate offices.
(9)
Banking institutions, which shall be allowed in the
B-2 District only.
(10)
Financial services, e.g., investment counseling
and tax services.
(11)
Private schools, excluding business, dancing,
trade or any other commercially oriented school.
(12)
Nonprofit institutions for charitable, religious,
cultural or community purposes.
(13)
Animal hospital/veterinary offices, with the
exclusion of outdoor runs and commercial kennels.
(14)
One and two-family dwellings, which shall be
allowed in the B-1 District only.
(15)
Combined residential dwellings/offices.
(16)
Community residences.
(17)
Emergency ambulance facilities if and only as
long as these facilities are under contract to the Town of Clifton
Park to provide general health services to the Town.
(18)
Buildings accessory to the above which are an
integral part of any of the above uses and are not in conflict with
the purposes of this article as set forth above, which determination
shall be made by the Planning Board.
(19)
Tier 1 solar energy system.
[Added 10-18-2021 by L.L. No. 6-2021]
B.
Only the following special uses shall be considered pursuant to § 208-79 et seq.:
This section covers the rehabilitation of existing
buildings or the construction of new buildings in the B-1 District.
In the case of rehabilitated buildings, standards in this article
shall be met where physically possible.
A.
The rehabilitation or remodeling of a preexisting
building in the B-1 District into an allowable use shall be allowed
by the Planning Board, provided that the original building is determined
to be structurally safe and able to meet the Code requirements of
the Town and New York State as determined by the Building Inspector.
B.
No preexisting building(s) shall be rehabilitated
or remodeled or new building(s) constructed on a vacant lot to a size
greater than 12% of the lot size, with no single building to have
a maximum square footage exceeding 4,800 square feet. Multiple commercial
buildings on a lot are allowed as long as the overall density limitations
of this article are not exceeded.
[Amended 3-2-2015 by L.L.
No. 3-2015]
C.
Landscaping. Landscaping shall be in accordance with
that similarly associated with residential dwellings, i.e., lawn area
and trees and shrubs and other plantings to maintain a residential
character.
D.
Architecture. The architectural design of a rehabilitated
or newly constructed building shall be consistent with the designs
compatible for residential dwellings. The design shall take into consideration
the existing neighborhood, the exterior facade in regard to building
materials and color and other appurtenances, such as rooflines, dormers,
windows, chimneys and other items that create a residential appearance.
All exposed mechanical equipment and service and storage areas shall
be screened from public view. The architectural design should give
the appearance of compatibility with the surrounding neighborhood
and shall try, to the maximum extent possible, to avoid the creation
of a monolithic mass by implementing architectural relief within the
building design. Long, unbroken lengths of walls and the appearance
of huge massive structures within an area of residentially sized buildings
should be discouraged.
E.
Hours of operation. All businesses in the B-1 District
shall be limited to hours of operation, for the public, between 7:00
a.m. and 10:00 p.m. In addition, if the proposed use abuts an existing
residence, no outside commercial activities, e.g., garbage pickup,
etc., shall take place between the hours of 10:00 p.m. and 6:30 a.m.
[Amended 3-2-2015 by L.L.
No. 3-2015]
The following performance standards shall apply
to B-2 District. In the case of rehabilitated buildings, standards
shall be met where physically possible. Multiple commercial buildings
shall be allowed on one lot, provided that the overall density limitations
of this article are not exceeded.
A.
Landscaping. The overall intent of this standard is
to achieve a well-balanced landscaped site. In order to accomplish
this, the Planning Board shall take into consideration the existing
vegetation on the site and the location of parking areas and buildings.
The site shall include plantings for screening and buffering purposes
as well as decorative and aesthetic purposes. Consideration shall
be given to plantings along property lines. In addition, unplanted
areas shall be seeded with grass or other types of ground cover. Mulch
and other similar materials shall only be used around the base of
plantings.
B.
Architecture. The architectural design and choice
of exterior facades and building materials for buildings located in
the B-2 District shall take into consideration the character of the
area and the purposes of this article as they pertain to this district's
use as a transition zone between commercial retail uses and residential
properties. The architectural design shall try, to the maximum extent
possible, to avoid the creation of a monolithic mass, devoid of environmental
consideration, by implementing architectural relief within the building
design. Long, unbroken lengths of walls and the appearance of huge
massive structures that are out of character with the surrounding
neighborhood and/or environment should be discouraged. Roof structures,
exposed mechanical equipment and service and storage areas shall be
screened from view.
C.
Hours of operation. There are no limitations in the
B-2 District concerning hours of operation unless the property abuts
a residence; then the same restrictions apply as in the B-1 District.
In addition, no outside commercial activities shall be allowed, e.g.,
garbage pickup, between the hours of 10:00 p.m. and 6:30 a.m. if the
use abuts a residential lot.
The following shall be required in the B-1 and
B-2 Districts. In the case of rehabilitated buildings, the dimensional
standards shall be met where physically possible. In no case shall
approvals be given that would increase the inherent, nonconforming
nuisance.
A.
Ingress/egress. There shall not be more than one curb
cut per lot unless the Planning Board finds that traffic safety will
be improved with the addition of another curb cut. The curb cut shall
be designed to accommodate, safely and in accordance with accepted
traffic control standards approved by the Town's engineer, the traffic
generated by the use and, further, shall meet all the firesafety requirements
of the Town of Clifton Park. The distance between the proposed curb
cut to one on adjoining parcels shall be a minimum of 100 feet measured
from the center line of the curb cut. Design should be encouraged
to take into consideration future development in order to promote
the construction of shared driveways where possible. In the case of
a corner lot, no curb cut shall be located closer to an intersection
than 100 feet.
B.
Utilities. Uses approved in these districts shall
be serviced by sanitary sewers, adequate drainage control through
an approved stormwater management plan and a community water system.
If none is available at the time of approval, the Planning Board shall
require the owner to hook up to public water and sewer systems as
soon as they become available, as defined by the New York State Uniform
Fire Prevention and Building Code.
C.
Lot area. The minimum lot area per establishment shall be 40,000 square feet, and the minimum width at the front building line shall be 150 feet, except along those streets listed in § 208-98 where the minimum width shall be 180 feet.
D.
Setbacks.
(1)
Front yard. No building shall be located closer to the front property line than 70 feet, into which there shall be no encroachment of buildings or parking or anything other than a wall, berm or sign, unless the Planning Board finds, in the case of keyhole lots or other similar lot configurations, that the intent of this chapter is better met by allowing construction within the front yard setback. Building setbacks specifically established by § 208-98 shall take precedence over the above.
(2)
Side/rear yards. No building or parking shall be placed
closer to a side or rear property line than 25 feet.
(3)
Lot coverage. Buildings, parking areas, including
maneuvering areas, stormwater retention areas and other site amenities
that are an integral and necessary part of the use shall not occupy
more than 50% of the total lot area. The remaining 50% shall be calculated
as the green space requirement for this district. The stormwater retention
area may be included as green space upon proof that the stormwater
retention area will be improved and maintained as an integral part
of the landscaping scheme and would enhance the overall aesthetics
and thus serve the purpose of the green space requirements of this
article.
(4)
Buffer. There shall be established a minimum ten-foot
buffer area, within the minimum side and rear yard setback, along
the property lines. The buffer shall be planted for purposes of screening
from adjoining properties. The Planning Board shall take into consideration
any natural vegetation which exists and serves the intent of this
article.
(5)
Height. No building or structure shall exceed two
stories or 35 feet in height.
