[HISTORY: Adopted by the Board of Trustees
of the Village of Colonie 8-28-1995 by L.L. No. 2-1995; see Ch. 1, General
Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Conservation Commission — See Ch. 16.
Planning Commission — See Ch. 43.
Building construction and fire prevention — See Ch. 79.
Clearing, grading and erosion control — See Ch. 95.
Environmental quality review — See Ch. 114.
Freshwater wetlands — See Ch. 128.
Mobile home parks — See Ch. 150.
Sewers — See Ch. 177.
Signs — See Ch. 181.
Subdivision of land — See Ch. 199.
Water — See Ch. 234.
Watercourses — See Ch. 237.
Fees — See Ch. A246.
A.
The provisions of this chapter are adopted pursuant
to the Village Law of the State of New York to promote and protect
the public health, safety and general welfare and in furtherance of
the following related and more specific objectives:
(1)
To guide and regulate the orderly growth and development
of the Village of Colonie in accordance with a well-considered plan
and with long-term goals, objectives and standards deemed beneficial
to the interests and welfare of the people.
(2)
To promote, in the public interest, the utilization
of land for the purposes for which it is most desirable and best adapted.
(3)
To protect and, where possible, to enhance the environment
of the Village and the quality of life of its residents.
(4)
To secure safety from fire and other dangers and to
provide adequate light, air and convenience of access.
(5)
To prevent overcrowding of the land and excessive
density of population.
(6)
To minimize and, where possible, to prevent traffic
congestion on public streets and highways.
(7)
To conserve the value of buildings and land throughout
the Village and to promote its social and economic well-being.
B.
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements adopted for
the promotion of the public health, safety, comfort, convenience and
general welfare. Where this chapter imposes greater restrictions upon
the use of buildings or premises or upon the height of buildings or
requires larger yards, courts or other open spaces than are imposed
or required by existing provisions of law or ordinance or by any other
rules, regulations or permits adopted or issued at any time, the provisions
of this chapter shall control. Wherever the requirements of this chapter
differ from the requirements of another local law, regulation or chapter
of the Code of the Village of Colonie, the more restrictive shall
govern.
A.
For the purposes of this chapter, the Village of Colonie
is hereby divided into classes of districts as follows:
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Conservation-Residential
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Residential A
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Residential B
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Residential C
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Commercial A
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Commercial B
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Commercial C - Reserved, not mapped
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Commercial D
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B.
The boundaries of these districts are hereby established
as shown on the Building Zone Map which accompanies and is hereby
declared to be a part of this chapter.[1] The boundary lines between districts are intended to follow
property lines or center lines of streets unless indicated differently
by notes or dimensions on the map. Dimensions from the edge of a street
are intended to be measured from the street line to a line parallel
thereto. The right-of-way of the Northway (Interstate Route 87) is
zoned as shown on the map.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Village Clerk and may be examined there during regular
office hours.
As used in this chapter, the following terms
shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and video tapes, and which establishment is customarily not
open to the public generally but excludes any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
A drive-in theater that customarily presents motion pictures
that are not open to the public generally but excludes any minor by
reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
A public or private establishment which presents topless
dancers, strippers, male or female impersonators, lingerie and other
private modeling, or exotic dancers or other similar entertainments,
and which establishment is customarily not open to the public generally
but excludes any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
Any establishment the uses for which are restricted to persons
over 18 years of age, and not accessible to minors.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms and which do not receive their primary source of revenue
through the administration of massages.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons in
their rooms film, slide shows or videotapes which, if presented in
a public movie theater, would not be open to the public generally
but would exclude any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
A theater or other establishment which presents material
in a form of live shows, films or videotapes viewed from an individual
enclosure or private room for which a fee is charged, which is not
open to the public generally but excludes any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
A separate self-contained dwelling unit which contains a
maximum gross floor area of 600 square feet and no more than one bedroom,
which is designated for occupancy by no more than two persons and
which is located in a structure containing no more than one dwelling
unit which contains at least 900 square feet of floor space finished
for dwelling purposes, exclusive of basement, cellar, attic or garage.
In order to be considered an "accessory apartment," such a dwelling
unit must meet all the requirements of the above definition.
Any physical structure.
The area within any physical structure erected, including
overhang, carports or other extensions of the building.
The vertical distance between the average finished ground
elevation at the building line and the highest point of the building
which shall include any parapet, penthouse, elevator tower, mechanical
equipment or other appurtenances.
An establishment conducting meetings, services and similar
gatherings for scientific, philanthropic or religious purposes. A
"conference center" differs from a school in that no accreditation
or continuous curriculum is involved and meetings, seminars, etc.,
are short, a maximum of two weeks, and the clients are primarily adults.
Artistic performances or exhibitions of works of art are not considered
meetings or seminars. Temporary accommodations for participants may
be provided, subject to restrictions.
As used in the computation of required off-street parking
spaces, the gross floor area of a building or part of a building owned
or leased and available for use by a nonresidential user, except for
basements and attics used exclusively for storage and common areas,
such as halls, cleaning closets or elevators, in a multioccupant building.
An entire floor in a converted former residential building may be
excluded from the gross floor area calculations if a binding agreement,
satisfactory to the Planning Commission and the Village Attorney,
is executed that will assure that the floor will remain vacant.
The area within open space which is appropriately landscaped
or covered with natural vegetation; parking, outdoor storage, dumpsters
or similar uses are not permitted in areas designated as "green space"
on an approved site plan or subdivision plat.
Any use conducted by a resident entirely within a single-family or two-family dwelling or its accessory building for gain, and which use is clearly subordinate to the use of the dwelling as a place of residence, and which complies with the conditions and criteria of § 242-5 of this chapter.
Any lot or part of a lot on which are housed four or more
adult dogs.
Any lot, parcel of land or group of Tax Map parcels held
in common ownership and developed or intended to be developed as a
unit, which does not conform to the requirements of the Code with
respect to any of the following:
Required lot area, frontage or depth.
Required open space.
Required amount, location, dimensions or landscaping
of green space.
Required fencing or screening.
Required number, location or dimensions of off-street
parking spaces and the location or dimensions of aisles in parking
areas and entrances/exits from/to public streets.
Location or dimensions of required off-street
loading space.
Any commercial establishment where food and/or drink is served
and which either provides live entertainment or an opportunity for
patrons to dance.
The area not within the building area.
A rectangle of at least nine feet by eighteen feet with a
generally level surface which is paved or otherwise treated to provide
a firm impervious surface with unobstructed direct access to an aisle
or driveway. Where a "parking space" is skewed it must contain a rectangle
of at least 9 feet by 18 feet.
An establishment where scientific research is conducted in
libraries or fully enclosed laboratories, subject to restrictions.
A library open to a restricted section of the public, catering
to special interest group(s) and specializing in selected scientific,
artistic or educational subject matters.
A group of three or more single-family attached dwellings
sharing common party walls so that the two dwellings at the end of
the row each share one party wall with an adjoining unit and the other
dwellings in the row share two party walls each.
A structure designed for occupancy by one family, which shares
one or two party walls with one or two adjoining attached single-family
dwellings. Each "attached single-family dwelling" is completely self-contained
for independent family living.
The line dividing private or public property from the street
or other public thoroughfare.
Any building or structure or any group of buildings or structures
on the same lot, which does not conform to the requirements of the
Code with respect to any of the following:
Required front, side or rear yard.
Location of an accessory building, such as a
garage, with respect to the principal building.
Building coverage, building height and/or building
spacing.
Location or screening of outdoor storage.
Location or screening of loading docks.
Location, direction or intensity of outdoor
lighting.
Setbacks from property lines or encroachment
into buffer zones.
A body of water in an artificial receptacle or other container
having a depth of water at any point greater than 42 inches or having
a water surface area greater than 150 square feet, whether located
indoors or outdoors or above ground or below ground, which is used
or intended to be used for swimming or bathing, including all structures,
appurtenances, equipment, appliances or other facilities pertinent
to and maintained for the operation thereof.
A separate building or structure containing two independent
dwelling units each containing at least 900 square feet of finished
floor space (exclusive of cellar or basement), each unit being self-contained
with cooking and toilet facilities, and a separate exit to the outdoors.
A building or structure containing only one dwelling unit with at
least 900 square feet of finished floor space and an accessory apartment
is not a "two-family dwelling."
A use which is incidental and subordinate to the primary
use of the lot, or of the building(s) thereon, on or in which the
accessory use is carried on.
Includes but is not limited to such uses as manufacturing
uses in primary production of materials, such as asphalt, cement,
charcoal, chemicals and related products, which are associated with
noise, air or liquid or solid pollution, as well as storage or processing
of the same; junk, salvage or auto wrecking yards; quarries and related
earth excavation; and, subject to the provisions of § 242-9B(2),
the manufacture or storage of substances designated as hazardous or
toxic under state and federal law.
The use of land designed to accommodate activities which
can conform to to a high level of performance standards. Establishments
of this type are within completely enclosed buildings or structures.
Such uses may include but are not limited to hand assembly, machine
packaging, hand alteration or any other processing of materials into
finished products or component parts, which processes conform to the
performance standards set forth in this chapter.
Any use of property or premises in the Village of Colonie
that does not conform to the Code of the Village of Colonie. A "nonconforming
use" shall be lawful when it is permitted upon variance or is based
upon a use of property that precedes the existence of an ordinance
or local law in the Village of Colonie establishing a more limited
use in any way for such property. The term "nonconforming use" shall
apply only to the use or activity taking place on the property or
premises, not to the property, premises or structure where the activity
takes place.
A space unoccupied by buildings or structures between a lot
line and a line parallel thereto running through the nearest point
of the nearest building or structure to said lot line. In case of
a building overhang, a "yard" shall be measured to the vertical projection
of the overhang onto the ground.
A yard situated between the main building and the front line
of the lot and extending the full width of the lot.
A yard situated between the main building and the rear line
of the lot and extending the full width of the lot.
A yard situated between the main building and the side line
of the lot and extending from the front yard line to the rear lot
line. Any lot line not a rear line or a front line shall be deemed
a side line.
A.
Legislative intent. The purpose of this section is
to promote and protect the public health, comfort, welfare and general
prosperity and the environment of the Village by regulations which
will encourage preservation of open space and habitats for native
fauna and flora in an area of environmental sensitivity which is in
or close to the Pine Bush and is traversed by the Patroon Creek.
B.
In the Conservation-Residential District, no building
or premises shall be used and no building or structure or any part
of either shall be erected or altered which is arranged, intended
or designed, in whole or in part, for any purpose except the following
uses:
C.
Development and use regulations.
(1)
Applicable to all uses:
(a)
Front, side and rear yards or setbacks shall be measured from the edge of the Patroon Creek drainageway as defined in Chapter 237, Watercourses, of this Code.
(b)
Land within the boundaries of the Patroon Creek
drainageway may be counted towards any minimum lot requirement or
towards meeting any density or coverage standard.
(c)
All applications must be accompanied by a full
environmental assessment form or a draft environmental impact statement.
(2)
Applicable to a single-family dwelling or a two-family
dwelling on a lot of at least one acre:
(a)
All applicable requirements of the Residential
A District, other than the minimum lot size, shall govern.
(3)
Applicable to uses requiring a special permit:
(a)
Any application for a special permit for a specific
building or use shall be accompanied by a development plan covering
all of the land owned by the applicant.
(b)
Density standards.
(c)
Conservation area. No less than 50% of the land
shall be left in its natural state as a conservation area. The minimum
dimension of this conservation area shall be 125 feet. The conservation
area shall be chosen so as to preserve areas of special ecological
significance or with unusual amenities. Before construction begins
on the rest of the site, the conservation area shall be protected
by a temporary fence, and no traffic, materials storage or disturbance
of the land shall be permitted therein. The area of the Patroon Creek
drainageway may be counted as part of the conservation area. The application
for a special permit shall include a management plan for the conservation
area, which, as approved, shall become part of the conditions of the
special permit.
(d)
Coverage with impervious surfaces. In connection
with any uses other than residences, no more than 12.5% of the site
may be covered with impervious surfaces such as roofs, driveways,
sidewalks or tennis courts. The remainder of the site outside the
conservation area shall be suitably landscaped.
(e)
Maximum dimensions of buildings. The maximum
height of any building shall be three stories or 35 feet, whichever
is less. The maximum horizontal dimension of any building shall be
175 feet, except for a row of single-family attached residences which
shall not either exceed 150 feet in length or contain more than four
single-family units.
(f)
Distances from lot lines. No building shall
be placed closer than 10 feet to any side lot line or 25 feet to any
street line or rear lot line or 25 feet from the boundary of the Patroon
Creek drainageway easement. Two buildings on the same lot shall be
separated by at least 20 feet if placed side by side or by at least
50 feet if placed one behind the other. Side lot line and side-by-side
separation requirements shall apply only to the end units of a row
of single-family attached dwellings. All the above distances shall
be increased by five feet for each story in excess of one of any building.
Where streets or individual lots have not been laid out, the applicant
may designate the directions from the building from which to measure
front or rear lot line clearances.
(g)
Off-street parking.
[1]
Off-street parking shall be provided as follows:
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Use
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Minimum Required Parking
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Single-family dwelling
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2 spaces per dwelling unit
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2-family dwelling
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2 spaces per dwelling unit
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Church
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1 space per 4 seats
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Public library, public park or nature preserve
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As determined by the Board of Trustees
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Conference center
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1 space per 1.5 seats in all meeting rooms with
fixed seats; otherwise, 1 space per 200 square feet of floor area
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Research library or research facility
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As determined by the Planning Commission
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[2]
All parking areas shall be at least 10 feet
from any lot line. Where a parking area is within 50 feet of the boundary
of a Residential A District or an equivalent district in an adjoining
municipality, it shall be screened by a wall, solid wooden fence or
chain link fence with compact evergreen plant material or landscaped
strip with bushes and trees forming a visual screen at least six feet
high.
(h)
The standards established in § 242-9B(1) and (2)(a) shall apply. In addition, the applicant shall furnish information concerning expected evening or nighttime activities. The Planning Commission may impose reasonable regulations on hours of operations in order to promote the general welfare and objectives of this § 242-4 or of § 242-12.
(i)
Accessory uses shall be as regulated in the
Residential A District. Additional accessory uses may be authorized
as part of the special permit procedure, provided that they are clearly
subordinate to and are customarily carried on in connection with the
use in question.
(k)
Future subdivisions. A lot for which a special
permit for the construction of single-family attached dwellings has
been granted may be subdivided, provided that:
[1]
All conditions of the special permit have been
satisfied and will continue to be satisfied.
[2]
Arrangements have been made for maintenance
and liability insurance covering common areas and structures, including
conservation areas, which are satisfactory to the Planning Commission.
[4]
If a proposed subdivision meets the conditions in Subsection C(3)(k)[1] through [3] above, the minimum lot size and lot frontage requirements may be waived.
A.
In the Residential A District, no building or premises
shall be used and no building, structure or any part of either shall
be erected which is arranged, intended or designed, in whole or in
part, for any purpose, except the following uses:
(1)
One-family dwelling for use by one family.
(2)
Churches, schools or public libraries.
(3)
A farm, truck garden or nursery.
(5)
A noncommercial playground or park.
(7)
A home occupation in a one-family or two-family dwelling, subject to the provisions of Subsection H below.
(8)
Keeping of no more than two horses for recreational
purposes on a lot of at least two acres where these horses are kept
as an accessory use to a single-family dwelling.
C.
For each family residing on a lot, there shall be
provided adequate space for the parking or garaging of at least two
noncommercial motor vehicles; and in connection with an authorized
use other than residential, which shall include home occupations,
there shall be provided adequate parking facilities for all motor
vehicles used in connection therewith or attached to said building
or area as specified elsewhere in this chapter or, if not specified,
as required by the Planning Commission. The parking, garaging or storing
of industrial equipment or commercial vehicles, trailers or semi-trailers
having a carrying capacity in excess of one ton or a gross weight
in excess of three tons is expressly prohibited. Trucks with a carrying
capacity of three tons or less, motor homes, recreational vehicles,
campers and similar vehicles and boats shall be stored in an enclosed
building or on that part of the lot where an accessory garage would
be permitted by code, or in an existing driveway so as not to impair
ability to see oncoming traffic when exiting said driveway.
[Amended 1-13-2003 by L.L. No. 1-2003]
D.
No building shall be erected or altered for dwelling
purposes to accommodate or make provision for more than one family
for each 900 square feet of floor space finished for dwelling purposes,
exclusive of cellar or basement, and every dwelling shall cover not
less than 900 square feet of ground area.
F.
Two-family dwellings in a single building may be erected
and one-family dwellings may be converted to two-family dwellings,
provided that the Planning Commission grants a special permit for
such a use. In order for the Planning Commission to grant such a special
permit, the following conditions must be satisfied:
(1)
The lot must have a minimum lot area of 15,625 square
feet, lot frontage of 125 feet and lot depth of 125 feet.
(2)
Each dwelling must have a minimum of 900 square feet
of floor space finished for dwelling purposes, exclusive of basement,
cellar, attic or garage.
(3)
The review of the application shall follow the same
procedure as a site plan review, and the Planning Commission shall
consider the same factors as for a site plan approval; in addition,
the Planning Commission shall find that:
(a)
The design of the proposed building is such
that it will be appropriate in size, scale and finish to the neighborhood.
(b)
There will be no adverse effects on traffic
or on the character and property values of the neighborhood.
(c)
The proposed building conforms to all applicable
provisions of the Code of the Village.
G.
Accessory apartment.
(1)
One apartment accessory to a single-family dwelling
may be created and maintained on a lot, subject to approval of a special
permit by the Planning Commission, provided that the Commission finds
that:
(b)
The owner lives in the dwelling unit to which
this apartment is accessory.
(c)
One additional parking space is provided on
the lot, and all parking spaces are grouped together.
(d)
The lot has a minimum frontage of 75 feet and
a depth of 100 feet.
(e)
The exterior design maintains the one-family
character of the building (e.g., only one front door will face the
street) and is compatible with the character of the neighborhood;
if the accessory apartment is in an addition, the addition shall be
compatible with the rest of the building in scale, finish and design
elements visible from the street, such as windows.
(f)
The original building and any addition conform
to the setback and coverage requirements of this Code.
(2)
The review of the application shall follow the same
factors as a site plan review, and the Commission shall also consider
the same factors as for a site plan approval.
H.
Home occupation.
(1)
A home occupation may be established and maintained
in a one-family or two-family dwelling subject to approval of a special
permit by the Planning Commission, provided that:
(a)
No person other than a resident of the dwelling
unit is engaged or employed in the home occupation, and the number
of residents employed in the home occupation shall not exceed two;
except that in connection with a professional licensed by the State
of New York, one person in addition to any resident(s) may be employed.
(b)
The home occupation occupies no larger area
than 25% of the floor space of the principal dwelling used for human
habitation.
(c)
There are no outside operations, storage or
display of materials or products.
(d)
Total storage of materials or products used
in the business shall not exceed 128 cubic feet.
(e)
No alteration of the residential appearance
of the premises occurs, such as, but not limited to, creation of a
separate entrance to the dwelling or utilization of an existing entrance
exclusively for the home occupation, and there is no other visible
evidence of the conduct of the home occupation other than one sign.
(f)
No vehicle with the name of the home occupation
on it is parked so as to be visible from the public right-of-way.
(g)
No more than one vehicle is utilized in the
home occupation, and no commercially licensed vehicle is utilized.
(h)
Visitors, customers or deliveries do not exceed
those normally and reasonably occurring for a residence, including
not more than two visitors attributable to the home occupation an
hour and eight a day and not more than two deliveries of products
or materials a week.
(i)
No mechanical equipment is utilized, except
that which is necessarily, customarily or ordinarily used for household
or leisure purposes, except equipment used by a licensed health professional.
(j)
No electrical equipment is utilized which produces
visual or audible interference in any radio or television receiver
or any communications equipment off the premises or which causes fluctuation
in line voltage off the premises.
(k)
No toxic, explosive, flammable, combustible,
corrosive, etiologic, radioactive or other restricted materials are
used or stored on the site.
(l)
No equipment or process is used which creates
noise, vibration, glare, fumes or odors perceptible to the normal
senses off the lot.
(m)
Off-street parking for the home occupation is
provided on the property, as specified by the Planning Commission,
to avoid adverse impact on the neighborhood.
(n)
No article is sold or offered for sale or rent
except as is incidental to the home occupation.
(o)
An approval for a home occupation is nontransferable;
any change of home occupation requires a new application.
(p)
The Planning Commission finds that the residential
character and appearance of the neighborhood will be preserved.
(2)
The review of the application shall follow the same
procedure as a site plan review, and the Commission shall also consider
the same factors as for a site plan approval.
I.
Lot size and width; proximity to lot lines; side line
clearance; location of accessory garages and swimming pools; building
heights; lot coverage.
(1)
Lot size.
(a)
No single-family building, structure or addition
thereto shall be erected, constructed or placed upon any lot in the
Residential A District unless such lot shall have a frontage of at
least 75 feet and a depth of no less than 125 feet and shall contain
no less than 9,375 square feet. In the event that it is impracticable
to have a depth of 125 feet, the lot must, however, contain at least
the minimum area above stated. This subsection shall not apply to
any existing single lot located on a previously accepted Village street
held as of June 11, 1957.
(b)
No other building, structure or addition thereto
shall be erected, constructed or placed upon any lot in the Residential
A District unless such lot shall have a frontage of at least 125 feet
and a depth of no less than 125 feet and shall contain no less than
15,625 square feet. In the event that it is impracticable to have
a depth of 125 feet, the lot must, however, contain at least a depth
of 100 feet and no less than 12,500 square feet.
(2)
No building, structure or addition thereto or any
portion thereof shall be erected, constructed or placed within 25
feet of any street line or within 25 feet of the rear lot line.
(4)
Side line clearance.
(a)
No single-family dwelling house or single-family
dwelling containing an accessory apartment or any part thereof shall
be erected, constructed, placed or located within 10 feet of the side
lot line of the lot upon which it is placed nor within 25 feet of
the side street line if the lot is a corner lot.
(b)
All other dwelling houses, buildings or structures
permitted in the Residential A District, except detached accessory
garages, shall be erected, constructed, placed or located at least
a distance of 10 feet from the side lot line of the lot upon which
it is placed, plus five feet for each floor of height, and not within
25 feet of the side street line if the lot is a corner lot.
(c)
An accessory unattached private garage or shed not over one story in height and not exceeding 576 square feet shall be permitted, provided that it is not nearer than five feet to any side or rear lot line [notwithstanding Subsection I(2) above]; and the front of the garage shall be not nearer to the street line than the rear line of the building or structure to which it pertains.
[Amended 1-13-2003 by L.L. No. 2-2003; 7-21-2014 by L.L. No. 4-2014]
(d)
Swimming pools may not be located in a front
yard; they may be located in a side or rear yard, provided that the
outer edge of the pool deck is not closer than 10 feet from any lot
line.
(e)
Portable basketball apparatus.
[Added 6-17-2010 by L.L. No. 3-2010]
[1]
No portable basketball apparatus, hoop, pole, backboard or other
attachment may be placed in or upon any public street or highway,
or encroach upon any Village of Colonie right-of-way or public thoroughfare.
In no event shall any such apparatus, hoop, pole, backboard or attachment
be placed within 10 feet of any Village street line.
[2]
Any such basketball apparatus found to be in violation of this restriction
may be removed by Village of Colonie personal, upon 10 days' written
notice to the property owner.
[3]
In the event that the Village of Colonie shall determine a public
hazard and a threat to public safety and motor vehicle traffic exists,
the basketball apparatus may be removed immediately.
(5)
No dwelling house or other structure shall exceed
2 1/2 stories or 35 feet in height.
(6)
The total coverage of a lot by a building or buildings,
together with all accessory buildings and structures, including garages,
sheds, swimming pools or pool decks, shall not exceed 50%, and no
building or accessory building shall be erected or altered if this
construction or alteration would result in the total lot coverage
to exceed 50%.
A.
In the Residential B District, no building or premises
shall be used and no building, structure or any part of either shall
be erected or altered which is arranged, intended or designed, in
whole or in part, for any purpose except the following uses:
(1)
All uses specified and as regulated in § 242-5, subject to all restrictions, regulations, requirements and procedures as specified in said section.
(2)
Multifamily housing as hereinafter specified:
(a)
No multifamily building shall be more than 45
feet in height or contain more than three stories; no multifamily
building shall contain more than eight dwelling units.
(b)
Occupancy. No more than zero percent 0% to 25%
of the dwelling units may be planned for an average occupancy rate
of 2.5 persons per unit, with a minimum of 900 square feet per dwelling
unit. Zero percent 0% to 25% of the dwelling units may be planned
for an average occupancy rate of 2.0 persons per unit, with a minimum
of 750 square feet per dwelling unit. Zero percent 0% to 100% of the
dwelling units may be planned for an average occupancy rate of 1.5
persons per unit, with a minimum of 600 square feet per dwelling unit.
(c)
Units per acre. Any development shall be limited
to not more than five units per acre of buildable lot area, where
"buildable lot area" is defined as the total lot area of the development
less the area of any land designated as a Class I Wetland by the New
York State Department of Environmental Conservation (NYSDEC) and less
the area of any land to be permanently ceded to any governmental agency.
(d)
Clustering. Buildings containing dwelling units
and accessory buildings may be located anywhere within the buildable
lot area as long as they meet building spacing and other requirements
of this Code or the project's site plan approval. No portion of the
lot covered by an approved site plan shall be sold or otherwise detached
from said lot, and any approved site plan for development in a Residential
B District shall be filed in the office of the County Clerk with a
notation showing the prohibition against sale or detachment of any
portion of the lot. However, a portion of the lot may be sold or detached
after a revised site plan has been approved, provided that all lots
so created meet all requirements of this Code.
(f)
Fire lanes. The distance between buildings shall
be deemed as fire lanes, and a fire lane shall be 25 feet wide, plus
five feet for each floor of adjoining buildings.
(g)
Sidewalks. All roadways shall have adjoining
but separate sidewalks, a minimum of five feet wide, continuous along
their entire length along the side of the roadway fronting buildings
and parking spaces. Suitable crosswalks shall be provided where appropriate.
(h)
Land use ratio. In no case shall the portion
of any site actually developed exceed 0.5 of the total area in the
tract, including parking and roadways. All remaining land shall be
developed for park-type use by the occupants.
(j)
Before the Planning Commission may approve a multifamily housing
project, it shall make a finding that a proper case may exist for
requiring that a park or parks be suitably located for playgrounds
or other recreational purposes within the Village in the same manner
and according to the same standard as such Commission would make for
subdivisions. Accordingly, the Commission may require payment of monies
in lieu of parklands in an amount fixed in § A246-15C(4).
[Added 7-27-2009 by L.L. No. 4-2009]
(3)
Attached single-family dwellings.
(b)
No row of single-family attached dwellings shall
contain more than six units or have a maximum horizontal dimension
of more than 150 feet.
(c)
No single-family attached dwelling shall contain
more than three bedrooms; any room above the ground floor, except
a bathroom, whether finished or not, shall be considered a bedroom.
(d)
No single-family attached dwelling shall be
more than two stories high.
(e)
At least two off-street parking spaces shall
be provided for each single-family attached residence.
(f)
The sale of individual units or conversion to
condominiums shall only be permitted in accordance with a subdivision
plan approved by the Planning Commission and filed with the office
of the Albany County Clerk. The subdivision plan shall only be approved
if:
[1]
The ends of each row of single-family detached
units will be at least 10 feet, plus five feet for each story of building
from the side lot lines.
[2]
No single-family attached unit nor any parcel
to be conveyed separately shall be less than 20 feet wide.
[3]
Covenants and easements satisfactory to the
Planning Commission have been executed which will ensure maintenance
and insurance coverage for all common areas and provide access to
front and rear doors and parking areas or garages to all occupants
and their visitors.
C.
No multifamily dwelling or appurtenant structure shall
be erected within 200 feet of any property line of a Residential A
District.
A.
In the Residential C District, no building or premises
shall be used and no building, structure or any part of either shall
be erected which is arranged, intended or designed, in whole or in
part, for any purposes except the following uses:
B.
Special provisions for mobile home parks. The following
provisions apply only to mobile home parks, the individual lots or
sites within mobile home parks and mobile homes to be sited in mobile
home parks:
(1)
Minimum individual site size: 5,000 square feet.
(2)
Minimum individual site width: 50 feet.
(3)
Minimum individual site depth: 100 feet.
(4)
Minimum front and rear yard for individual sites and
the park as a whole: as approved by the Planning Commission.
(5)
Minimum side yard for individual sites and park as
a whole: as approved by the Planning Commission.
(6)
Minimum living space: as approved by the United States
Department of Housing and Urban Development (HUD).
(7)
Driveway or parking area: as approved by the Planning
Commission.
(8)
Minimum mobile home width: 14 feet.
A.
In the Commercial A District, no building or premises
or any part thereof shall be used and no building or structure or
any part of either shall be erected which is arranged, intended or
designed, in whole or in part, for any purpose or use except the following:
(2)
Retail, professional services, restaurants, entertainment
and similar uses.
(a)
The following uses shall be permitted, provided
that they are carried on in a completely enclosed building:
[1]
Retail uses.
[2]
Professional, personal, business and financial
services; repair of appliances, machinery or other small goods.
[3]
Restaurant or food service establishment.
[4]
Entertainment establishment, such as a theater
or nightclub.
[5]
Printing.
[6]
Shopping center consisting of one building containing two or more uses listed in Subsection A(2)(a)[1] through [5] above.
(b)
In connection with any of the above uses, drive-in
windows or similar facilities may be established.
(3)
The sale and service of motor vehicles, mobile homes,
recreational vehicles or boats, provided that all service or repair
takes place in a completely enclosed building.
(4)
Gasoline stations.
(a)
Gasoline stations shall be subject to the approval
of a special permit by the Planning Commission and the conditions
below:
[1]
No gasoline station shall be established within
1,000 feet, on the same side of the highway, of any other gasoline
station or of the site for which a permit to establish a gasoline
station has been granted.
[2]
The site has a minimum street frontage of 200
feet and a minimum depth of 200 feet; odd-shaped sites with at least
200 feet of frontage and 40,000 square feet of lot area may be considered.
[3]
The Planning Commission finds that the site
plan, location of buildings, pumps, curb cuts, underground storage
tanks and other appurtenances, as well as the amount of fuel to be
stored and the arrangements for its filling and dispensing, are designed
to avoid or mitigate any potential adverse effects on the public health,
safety, comfort, convenience, general welfare, environment, stability
of property values and aesthetics of the Village or its inhabitants
and, for this purpose, may impose conditions more restrictive than
specified elsewhere in this Code.
[4]
An attendant is present on the premises whenever
fuel or other petroleum products are dispensed.
(b)
The review of the application shall follow the
same procedure as a site plan review, and the Commission shall also
consider the same factors as for site plan approval.
(5)
Motels, hotels, tourist homes, hospitals or convalescent
homes.
(6)
Greenhouses, private garages, utility substations
and warehouses. No articles or their containers, warehoused or stored,
shall be permitted to remain in the open and visible from any street.
(7)
Practice of a veterinarian, provided that:
(8)
Adult entertainment uses such as an adult bookstore,
adult entertainment cabaret adult massage establishment, adult motel,
adult peep show or adult theater subject to the following restrictions
as to location which shall be in addition to any other requirements
of this Code:
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
(a)
Any of the above uses shall not be located within
a one-thousand-foot radius of any area zoned for residential use either
within the Village of Colonie or in any adjoining municipality.
(b)
Any of the above uses shall not be located within
a one-thousand-foot radius of another such use.
(c)
Any of the above uses shall not be located within
a one-thousand-foot radius of any school, church, or other place of
religious worship, park, playground or playing field.
(d)
No more than one adult entertainment use including any of the adult uses as defined in § 242-3 above shall be located on any lot.
(e)
The one-thousand-foot radius herein shall be
measured from the property line of the premises or zoning district
boundary line, as same shall be appropriate for such purposes herein.
B.
In connection with an authorized use, there may be displayed on such business locations advertising signs relating to items sold or services performed on the premises, subject to the limitations and regulations of Chapter 181, Signs.
C.
Off-street parking and location of driveways.
(1)
Adequate space shall be provided on every site in
the Commercial A District for the parking or garaging of all motor
vehicles used in connection with or attracted to the site. No building
permit shall be issued for any commercial construction unless the
Planning Commission has approved the provisions made for parking in
this Code, which are intended to protect property values, to create
a more attractive business and economic climate and to enhance and
protect the physical appearance of the Commercial A District and the
community.
(2)
For every building erected, altered or changed in
use, there shall be provided off-street parking spaces at least as
set forth below:
(a)
Office: one parking space, plus one additional
space for every 200 square feet of floor area.
(b)
Hotel, motel, tourist home and boardinghouse:
one parking space for each three employees, plus one additional space
for every guest room.
(c)
Retail and business services: one parking space
for every motor vehicle used directly in the business, which shall
be estimated by the developer, plus one additional space for every
150 square feet of floor area.
(d)
Barbers and beauty shops: one parking space
per employee, plus three additional spaces per work station.
(e)
Restaurant not serving any alcoholic beverages:
one parking space for every 2 1/2 seats, plus one parking space
for every 1 1/2 employees in the maximum shift.
(f)
Restaurants serving alcoholic beverages, bars
and similar drinking establishments and nightclubs: required parking
spaces shall be calculated using the table below:
|
Parking Demand Level
|
Maximum Number of Square Feet of Usable
Customer Floor Space Per Parking Space
|
|---|---|
|
Under .25
|
241
|
|
.25 to .49
|
23
|
|
.50 to .74
|
22
|
|
.75 to .99
|
21
|
|
1.00 to 1.24
|
20
|
|
1.25 to 1.49
|
19
|
|
1.50 to 1.74
|
18
|
|
1.75 to 1.99
|
17
|
|
2.00 and over
|
16
|
|
NOTES:
|
|
1Includes establishments
with no customer counter or direct food or drink service.
|
|
Where parking demand level is calculated by
the formula
| ||
|
Parking Demand Level =
|
(Linear Bar Footage)2
square feet of usable customer floor space
| |
|
and where:
| ||
|
(1)
|
Linear bar footage is defined as the length
of customer access in feet along which direct food or drink service
may be obtained, including waiter/waitress access point.
| |
|
(2)
|
"Square feet of usable customer floor space"
is the total floor area of the establishment prior to installation
of tables, booths and partitions, but excluding rest rooms, coatrooms,
storage rooms, utility rooms, kitchens, back bar area and other similar
parts of the premises.
| |
|
The Planning Commission may consider and approve provisions for parking in connection with a restaurant serving alcoholic beverages which are less than the requirements of this subsection only if it has been demonstrated to the satisfaction of the Planning Commission on the basis of studies of comparable restaurants in comparable locations that such lesser provision of parking spaces will satisfy the objectives of § 242-8C(1) above.
| ||
(g)
Medical services: one parking space for every
150 square feet of floor area.
(h)
Unspecified uses: one parking space for each
100 square feet of floor area, unless the Planning Commission determines
that a different ratio is appropriate for the specific use(s) being
applied for on the basis of recent studies or other evidence the Planning
Commission deems locally applicable.
(i)
Combined uses [buildings containing two or more use classifications as defined by Subsection C(2)(a) through (h)]: parking requirements determined on the basis of the percentage of floor area per classification of total floor area plus the sum of mandated spaces. The Planning Commission may reduce this requirement by not more than 50% of the lessor (or least) number of spaces if it finds that one of the uses will generate parking demand only at times when the other use(s) will generate no, or minimal, parking.
(3)
No driveway may be connected to a curb cut which is
closer than 200 feet from the boundary of a residential district unless
the parcel on the opposite side of the street is zoned Commercial
A and actually used for a purpose other than residential.
D.
Height, yard, density and green space requirements.
(1)
No structure or building shall exceed 40 feet or three
stories in height.
(2)
Front, side and rear yards. The following minimum
yards shall be provided on each lot, and no building, structure or
addition thereto shall encroach into any required yard:
(a)
Front yard: 25 feet.
(b)
Side yard, when interior lot is used for residential
purposes: a minimum of 10 feet on each side but a total of 25 feet
for both sides, except that where the side line abuts a residential
district and the interior lot is used for commercial purposes, then
the side yard for that section of the side lot line shall be 50 feet.
[Amended 4-13-1998 by L.L. No. 4-1998]
(c)
Side yard, corner lot: 25 feet adjoining any
street line.
(e)
If a building or structure exceeds two stories or 25 feet in height, each of the minimum yards specified in Subsection D(2)(a) through (d) above will be increased by 10 feet for each additional story or each additional 12 feet in height by which the building exceeds two stories or 25 feet, respectively, whichever will result in the greater yard.
(3)
Coverage. The total building area of buildings on
the lot (including accessory buildings, garages or sheds) shall not
exceed 50% of the lot area.
(4)
Green space. No less than 20% of the lot area shall
be devoted to green space, of which no less than 50% shall be located
in the front yard.
(5)
Buffer area. Where a lot abuts a lot which is used
for residential purposes or is in a residential district, a buffer
area shall be provided along the common property line, which shall
be not less than 25 feet in width. The buffer strip shall be covered
with natural or newly planted vegetation at least six feet high with
a six-foot fence along the property line; where topographically feasible,
the Planning Commission will require a berm; natural features shall
be preserved and enhanced as far as possible.
(6)
No building permit shall be issued for any structure
in the Commercial A District which is intended to be placed within
500 feet of the westerly side of Rapple Drive, provided that it is
more than 300 feet south of the southerly line of the Albany-Schenectady
Road. Any permit to be issued for construction within the above district
must require adequate screening by means of appropriate fencing, trees
or hedges so that the residential values of the homes on Rapple Drive
shall remain unaffected and undisturbed as much as possible. The Planning
Commission shall determine the kind, amount and nature of such screening
after a public hearing.
E.
Special provision for lots fronting on certain streets.
The intent of this provision is to promote the orderly development
of the Commercial A District in accordance with the long-range plan
of the Village while protecting the amenity and property values of
the numerous residences now found in this district during the transition
to full commercial development.
(1)
Applicability.
(a)
This provision applies only to lots in the Commercial
A District which have frontage only on one of the following streets:
|
Birch Avenue
|
Mordella Road
| |
|
Breeman Street
|
Nicholas Drive
| |
|
Broderick Street
|
Nicole Drive
| |
|
Delafield Drive
|
Parkwood Drive
| |
|
Forest Drive
|
Pine Avenue
| |
|
Fuller Terrace
|
Poplar Street
| |
|
Hawley Avenue
|
Red Fox Drive
| |
|
Holland Avenue
|
Tanglewood Road
| |
|
Killean Park
|
Tull Drive
| |
|
Lanci Lane
|
Vly Road
| |
|
Lapham Drive
|
Willow Avenue
| |
|
Lincoln Avenue
|
Woollard Avenue
| |
|
Locust Park
|
(c)
This provision will no longer apply to a Tax Map parcel which has been combined with other Tax Map parcels to form a corner lot [See Subsection E(1)(b)[2] above.] as soon as such combination has been effected and recorded.
(2)
On lots to which the provisions of this section apply,
the following uses are permitted:
(b)
Retail uses; professional, personal, business
and financial services; repair of appliances, machinery or other small
goods; catering, but excluding any consumption of food on the premises,
provided that:
[1]
Drive-in windows or similar facilities are prohibited.
[2]
The Planning Commission finds, as part of its
review, that external changes to existing buildings will be kept to
a minimum and architectural features will be in harmony with the character
of the neighborhood.
[3]
Signs will conform to the regulation for home
occupations in Residential A Districts.
F.
Noise.
(1)
Noise level generated by any nonresidential use shall
not exceed 65 dBA between 7:00 a.m. and 9:00 p.m. Mondays through
Saturdays or 50 dBA at all times as measured from the lot line of
any residential lot or the boundary of any residential zoning district.
(2)
Outdoor speakers and/or communication systems are
prohibited.
A.
In the Commercial B District, no building or premises,
or any part thereof, shall be used and no building or structure or
any part of either shall be erected which is arranged, intended or
designed, in whole or in part, for any purpose or use except the following:
(2)
The following uses shall be permitted, provided that
they are carried on in a completely enclosed building:
(a)
Retail.
(b)
Professional, personal, business and financial
service; repair of appliances, machinery or other small goods.
(c)
Restaurant and food service establishment.
(d)
Entertainment establishment, such as theater
or nightclub.
(e)
Printing.
(g)
In connection with any of the above uses, drive-in
windows or similar facilities may be established.
(3)
Sale and service of motor vehicles, mobile homes,
recreational vehicles or boats, provided that all service or repair
takes place in a completely enclosed building.
(4)
Gasoline stations subject to the approval of a special
permit by the Planning Commission and the conditions below:
(a)
No gasoline station shall be established within
1,000 feet on the same side of the highway of any other gasoline station
or of the site for which a permit to establish a gasoline station
has been granted.
(b)
The site has a minimum street frontage of 200
feet and a minimum depth of 200 feet; odd-shaped sites with at least
200 feet of frontage and 40,000 square feet of lot area may be considered.
(c)
The Planning Commission finds that the site
plan, location of buildings, pumps, curb cuts, underground storage
tanks and other appurtenances as well as the amount of fuel to be
stored and the arrangements for its filling and dispensing are designed
to avoid or mitigate any potential adverse effects on the public health,
safety, comfort, convenience, general welfare, environment, stability
of property values and aesthetics of the Village or its inhabitants,
and for this purpose the Planning Commission may impose conditions
more restrictive than specified elsewhere in this Code.
(d)
An attendant is present on the premises whenever
fuel or other petroleum products are dispensed.
(e)
The review of the application shall follow the
same procedure as a site plan review, and the Commission shall also
consider the same factors as for site plan approval.
(5)
Motels, hotels, tourist homes, hospitals or convalescent
homes.
(6)
Greenhouse, private garages, utility substations and
warehouses. No articles or their containers, warehoused or stored,
shall be permitted to remain in the open and visible from any street.
(7)
Practice of a veterinarian, provided that:
(8)
Adult entertainment uses such as an adult bookstore, adult entertainment cabaret, adult massage establishment, adult motel, adult peep show, or adult theater subject to all the regulations and restrictions as specified in § 242-8A(8) above.
[Added 5-27-1997 by L.L. No. 2-1997;
amended 9-22-1997 by L.L. No. 6-1997]
B.
In connection with an authorized use, there may be displayed on such business locations advertising signs relating to items sold or services performed on the premises, subject to the limitations and regulations of Chapter 181, Signs.
C.
Off-street parking.
(1)
Adequate space shall be provided on every site in
the Commercial A District for the parking or garaging of all motor
vehicles used in connection with or attached to the site. No building
permit shall be issued for any commercial construction unless the
Planning Commission has approved the provisions made for parking in
this Code, which are intended to protect property values, create a
more attractive business and economic climate and enhance and protect
the physical appearance of the Commercial B Zone and conformity.
(2)
For every building erected, altered or changed in
use, there shall be provided off-street parking spaces at least as
set forth below:
(a)
Office: one parking space, plus one additional
space for every 200 square feet of floor area.
(b)
Hotel, motel, tourist home and boardinghouse:
one parking space for each three employees, plus one additional space
for every guest room.
(c)
Retail and business services: one parking space
for every motor vehicle used directly in the business, which shall
be estimated by the developer, plus one additional space for every
150 square feet of floor area.
(d)
Barbers and beauty shops: one parking space
per employee, plus three additional spaces per work station.
(e)
Restaurant not serving any alcoholic beverages:
one parking space for every 2 1/2 seats, plus one parking space
for every 1 1/2 employees in the maximum shift.
(f)
Restaurants serving alcoholic beverages, bars and similar drinking establishments and nightclubs: as required in Commercial A, § 242-8C(2)(f).
(g)
Medical services: one parking space for every
150 square feet of floor area.
(h)
Unspecified uses: one parking space for each
100 square feet of floor area, unless the Planning Commission determines
that a different ratio is appropriate for the specific use(s) being
applied for on the basis of recent studies or other evidence the Planning
Commission deems locally applicable.
(i)
Combined uses [buildings containing two or more use classifications as defined by Subsection C(2)(a) through (h)]: parking requirements determined on the basis of the percentage of floor area per classification of total floor area plus the sum of mandated spaces. The Planning Commission may reduce this requirement by not more than 50% of the lesser (or least) number of spaces if it finds that one of the uses will generate parking demand only at times when the other use(s) will generate no, or minimal, parking.
D.
Height, yard, density, green space requirements.
(1)
No structure or building shall exceed 80 feet or six
stories in height.
(2)
Front, side and rear yards. The following minimum
yards shall be provided on each lot, and no building, structure or
addition thereto shall encroach into any required yard:
(a)
Front yard: 25 feet.
(b)
Side yard, interior lot: 10 feet on each side,
but a total of 25 feet for both sides.
(c)
Side yard, corner lot: 25 feet adjoining any
street line.
(e)
If a building or structure exceeds two stories or 25 feet in height, each of the minimum yards specified in Subsection D(2)(a) through (d) above will be increased by 10 feet for each additional story or each additional 10 feet in height by which the building exceeds two stories or 25 feet, respectively, whichever will result in the greater yard.
(3)
Coverage. The total building area of buildings on
the lot (including accessory buildings, garages or sheds) shall not
exceed 50% of the lot area.
(4)
Green space. No less than 20% of the lot area shall
be devoted to green space, of which no less than 50% shall be located
in the front yard.
(5)
No structure in the Commercial B District facing on
Wolf Road or Sand Creek Road shall be closer than 50 feet to the street
line.
E.
Noise.
(1)
Noise level generated by any nonresidential use shall
not exceed 65 dBA between 7:00 a.m. and 9:00 p.m. or 50 dBA at all
other times as measured from the lot line of any residential lot or
the boundary of any residential zoning district.
(2)
Outdoor speakers and/or communication systems are
prohibited.
A.
Permitted uses.
(1)
In the Commercial D District, no building or premises,
or any part thereof, shall be used and no building or structure or
any addition thereto shall be erected which is arranged, intended
or designed, in whole or in part, for any purpose except the following
uses:
(a)
Wholesale uses, warehouses and storage facilities.
(b)
Business and professional uses, including administration,
scientific establishments, research and development, training and
financial, legal and similar occupations, excluding the use in any
form of hazardous or toxic substances, without specific approval.
(c)
Distribution facilities, theaters (excluding
open-air) and equipment repair and sales.
(d)
Light industrial uses, as defined.
(e)
Accessory uses, except those defined as residential
uses, including accessory retail uses, provided that they are conducted
as a clearly subordinate part of a permitted principal use.
(2)
All uses in the Commercial D District shall require special permits in accordance with the provision of § 242-12. A special permit shall also be required for any expansion, change of use, use of hazardous or toxic materials or change of ownership.
(3)
Uses defined as heavy industrial in this chapter shall
not be permitted in the Commercial D District.
B.
Performance standards.
(1)
Legislative intent.
(a)
The purpose of the performance standards set out in Subsection B(2) is to promote and protect the public health, comfort, welfare and general prosperity and the environment of the Village. These standards are intended, among other things, to prevent:
[1]
The creation or emission of offensive or objectionable
noise, odor, vibration or glare noticeable at or beyond the property
line.
[2]
Any activity or use creating a physical hazard
by reason of fire, explosion, radiation or similar damage to persons
or property in the same or any nearby district.
[3]
The discharge of any liquid or solid materials
or waste, resulting from any activity, into any stream or body of
water or any public or private disposal system or into the ground
that may cause contamination of any water.
[4]
The storage of any material, either indoors
or outdoors, in such a manner that it facilitates the breeding of
vermin, destroys the natural environment or endangers health in any
way.
[5]
The emission of smoke, fly ash or dust which
can cause damage to the health of persons, animals or plant life or
to other forms of property.
(b)
The Planning Commission shall interpret the
level or degree which determines an item to be offensive, objectionable
or hazardous (and like matters). It shall be guided by appropriate
state and federal standards but shall not be restricted by the same.
It may base its interpretation on more stringent requirements as it
may deem necessary or desirable to promote the health, safety and
general welfare of the Village.
(2)
Performance standards.
(a)
General standards. The following general standards
are hereby adopted for the control of all permitted uses in the Commercial
D District. Any use shall not be permitted, established, maintained
or conducted therein which shall cause or result in:
[1]
Excessive smoke, fumes, odor, dust or any other
atmospheric pollutant beyond the boundaries of the lot whereon such
use is located. Smoke is excessive when the shade or appearance of
such smoke is darker than No. 2 on the Ringelmann Smoke Chart published
by the United States Bureau of Mines.
[2]
Noise louder than the ambient noise level at
any lot boundary of the lot occupied by such use causing the same.
In no case shall the noise level exceed 65 dBA between the hours of
7:00 a.m. and 9:00 p.m. or 50 dBA between the hours of 9:00 p.m. and
7:00 a.m. as measured from any property in a residential district.
Noise generated by any motor vehicle or other movable source shall
be considered a noise generated by a use on the lot, as long as the
source of noise is located on the lot occupied by the use in question.
[3]
Pollution resulting from the discharge of any
waste material whatsoever into any watercourse, open ditch or land
surface.
[4]
Discharge of any waste material whatsoever into
any sanitary disposal system or sewerage system, except as in accordance
with such rules and regulations of the public health authorities of
the public body controlling such sewerage system. All chemical or
industrial waste which will place undue loads on a disposal system,
as determined by the Village Engineer or the Albany County Department
of Health or the New York State Department of Environmental Conservation,
shall not be discharged into any municipal system and must be treated
by the user.
[5]
Storage or stocking of any waste materials whatsoever
except in a completely enclosed building. Such materials must be stored
in a container system approved by the New York State Department of
Environmental Conservation or other state or federal agency exercising
jurisdiction.
[6]
Glare or vibration perceptible beyond the lot
lines whereon such use is conducted.
[7]
Hazard to person or property by reason of fire,
explosion, radiation or similar harm.
[8]
Any other nuisance harmful to persons or property
or the environment.
(b)
Specific standards. The following specific standards
are hereby adopted and must be complied with for and by any use in
the Commercial D District and before the same is permitted, established,
maintained or conducted:
[1]
Storage facilities. Materials, supplies, equipment,
components and related items or semifinished products shall be stored
on the rear 1/2 of the property and shall be screened from any existing
or proposed street and surrounding properties.
[2]
Loading docks. Loading docks shall not be located
on any street frontage. Provisions for handling of all freight shall
be on those sides of any building which do not face any street or
proposed street. All loading docks shall be so situated that a truck,
when loading or unloading, does not extend into the front yard setback.
[3]
Landscaping. All areas of the plot not occupied
by building, parking, driveways or walkways or storage shall be landscaped
attractively with lawn, trees, shrubs or other plant material. Such
landscaping shall take into consideration the natural growth presently
on the premises and the nature and condition of the terrain as well
as the situation of the lands and premises themselves and with regard
to adjoining lands and premises.
[4]
Fences and walls. For property that is adjacent
to a residential district, there shall be provided along such property
lines a chain link fence, solid masonry wall or a fence with slats
six to eight feet high, depending on topography as determined by the
Planning Commission. Except for landscaped areas and parking areas,
a use which is not conducted within a completely enclosed building
shall be screened by a six-foot solid masonry wall or by a chain link
fence covered with evergreen vine, a fence with wood slats or a compact
evergreen hedge. Where a front yard adjoins a street separating an
industrial district from a residential district, the wall, fence or
hedge shall be located no closer to the street than the the depth
of the required buffer zone.
[5]
Off-street parking.
[a]
Minimum required off-street parking shall be
as follows:
|
Use
|
Minimum Required Parking
|
|---|---|
|
Business and professional offices
|
1 space per 200 square feet of floor area
|
|
Public utilities
|
As determined by the Planning Commission
|
|
Laundry and dry-cleaning establishments
|
1 space per 400 square feet of floor area or
4 employees, whichever is greater
|
|
Research facilities
|
1 space per 225 square feet of floor area
|
|
Printing or publishing
|
1 space per 400 square feet of floor area
|
|
Wholesale facilities
|
1 space per 400 square feet of floor area
|
|
Storage facilities
|
1 space per 2,000 square feet of storage area
or 4 employees, whichever is greater
|
|
Distribution facilities
|
1 space per 1,000 square feet of floor area
or 4 employees, whichever is greater
|
|
Warehouses
|
1 space per 1,000 square feet of floor area
or 4 employees, whichever is greater
|
|
Light industrial
|
1 space per 400 square feet of floor area
|
|
Accessory retail uses
|
1 space per 100 square feet of floor area of
that part of the use intended to be devoted to accessory retail sales
|
[b]
The Planning Commission shall, as part of its
review, analyze the proposed parking for each project in accordance
with the minimum required, and, where the amount of parking is determined
by the Planning Commission to be inadequate, said Commission shall
have the authority to increase the required minimum. For purposes
of this section, "floor area" shall be defined as usable floor area
for the use identified.
[7]
Buffer strip. A buffer strip shall be established on any land zoned Commercial D where it adjoins any Residential A or Conservation-Residential District. Existing trees, shrubs, brushes, etc., within the designated buffer strip shall not be removed without approval of the Village Planning Commission. Said buffer strip shall be at least 100 feet wide and suitably landscaped, as determined by the Village Planning Commission. Where the Planning Commission finds existing natural growth inadequate, it shall order additional planting to produce a dense, permanent screen. Where appropriate, because of topography, the Planning Commission may require a berm. The required buffer strip shall be permitted to be part of the green space as required in Subsection C(3)(e) in an amount not to exceed 50% of the required green space. Prior to construction of any improvements and prior to distributing the ground, said buffer area will be identified on the ground with a permanent marker, and a temporary fence will be erected separating said buffer area from the remainder of the parcel. No construction material shall be placed in said buffer. No storage of any material shall be permitted in said buffer. The buffer strip shall be in addition to any required fences or walls.
[8]
Utilities. Proper and adequate water supply,
sewerage and waste disposal, other utility services and accessibility
to and from public streets must be provided.
[9]
Circulation. Special consideration will be given
to the traffic expected to be generated by each proposed use in the
Commercial D District. Each application for a special permit shall
be accompanied by traffic data showing estimated average twenty-four-hour
morning peak hour and afternoon peak hour movements in and out of
the site and an estimate of movements between the hours of 9:00 p.m.
and 7:00 a.m. Traffic access to lots in the Commercial D District
shall only be from streets or portions of streets which are adjoined
on both sides by land zoned in a commercial district or a commercial
or industrial district in an adjacent municipality or Lincoln Avenue
between the Conrail line and the Guilderland town line or from Jupiter
Lane. Direct or indirect connections to residential streets are prohibited.
For purposes of this subsection, residential streets include but are
not limited to Broderick Street, Broderick Road, Vic's Court, Breeman
Street, Allyson Court, Kenjack Terrace, Dauphin Drive, Ridge Terrace
and Omah Terrace.
[10]
Streets. All streets within the Commercial D District shall conform to standards set forth in the Village Code and the New York State Department of Transportation Road Standards. The Planning Commission may permit the location of a street crossing within the required buffer strip where, after review of the existing and proposed circulation pattern, it is determined that it is the only viable location. Where a street crossing is permitted within the buffer, said portion of the buffer strip containing the street shall not be counted as a green space in accordance with Subsection C(3)(e). No crossing of the buffer strip to effect a connection with a residential street shall be permitted.
[11]
Construction of any new building(s) or structure(s)
or alteration thereto shall not be commenced without first meeting
the requirements for a system or facility for the separate disposal
of waterborne sewage, domestic or trade wastes in accordance with
applicable regulations of the Village, the Albany County Department
of Health, the New York State Department of Health, the New York State
Department of Environmental Conservation (NYSDEC) and other governmental
authorities. Any waterborne sewage shall be disposed of in accordance
with the Albany County Department of Health and the New York State
Department regulations.
C.
Supplemental regulations.
(1)
Site work. Grading, clearing of land, excavation,
filling and similar work on a building project shall not be permitted
until:
(2)
Hazardous and toxic materials.
(a)
The manufacture, use, storage or other related
activities of materials defined as hazardous and/or toxic by the United
States government and/or New York State is prohibited. The use of
any toxic of hazardous material as part of a manufacturing or testing
process shall be permitted only after complete disclosure by the user
of the process, anticipated usage, all products and by-products, anticipated
amount and type of wastes to be produced, method of disposal and approval
by the Planning Commission as part of the special permit approval
process.
(b)
All materials, processes and practices which are exempt under Section 1910.1200(b), Subsections 3, 4 and 6(ii), (iii), (iv), (v), (vi) and (viii), Federal Code of Rules and Regulations (United States Department of Labor, Hazard Communication), shall be exempt from the provisions of this Subsection C(2).
(3)
Density provisions.
(a)
Building height: maximum two stories or 35 feet,
whichever is less, above finished grade.
(d)
Building coverage, maximum: 25% of the site.
(e)
Green space containing no structure, parking
areas, pavement, etc.: minimum 25%. Fifty percent of the buffer strip
required in Subsection (2)(b)[7] may be counted towards this requirement.
(f)
Spacing: where two or more buildings are sited
on the same parcel, they will be no closer than 50 feet apart.
(g)
Minimum lot size: one acre.
(4)
Existing residential lots. Any single-family residence
on a lot shown on the Tax Map on the effective date of this chapter
may be expanded, altered, demolished and/or rebuilt or converted to
a two-family residence, provided that the proposed construction meets
all the requirements in force for Residential A Districts at the time
the application for such construction or conversion is made.
(5)
Other.
(a)
Outdoor speakers and/or communication systems
are strictly prohibited.
(b)
Exterior lighting shall be installed so as to
illuminate the property on which it is located only. Where this is
not possible, screening and/or shielding will be used, and said devices
will be as approved by the Village Planning Commission.
D.
Administration.
(1)
For a schedule of fees and reimbursement of costs and expenses incurred during reviews, see Chapter A246 and § 242-12D.
(2)
Costs of public improvements, including but not limited
to roads, water, sanitary sewer, drainage and related work, shall
be the responsibility of the owner, developer and/or his representative
where said improvements are necessary for the proposed development.
(3)
The owner/developer or his representative shall be
required to post, before site plan approval, a performance bond, an
irrevocable letter of credit or cash in escrow in a form satisfactory
to the Village Attorney and in an amount estimated by the Planning
Commission to cover 100% of the estimated cost of:
(a)
Completing, in accordance with approved plans, all public improvements [see Subsection D(2) above] so that they are installed in accordance with Village, state and federal regulations.
(b)
The cost of grading and of seeding areas disturbed
during construction.
(c)
Fees or costs incurred by the Village for inspection
and other services during construction.
(4)
The owner/developer shall carry liability insurance in form and amount satisfactory to the Village Attorney to cover any claims arising out of damage to any public or private property during construction or costs and expenses to the Village arising from nonconformance with or violations of any Village laws, ordinances, rules or regulations to the extent this is not covered by the surety in Subsection D(3) above. Such insurance shall name the Village as first-loss payee.
E.
Because of the environmental sensitivity of the land
in the Commercial D District, all applications for special permits
in the district shall be accompanied, at least, by a full environmental
assessment form.
A.
No internal combustion engine shall be used in any
building unless vibration is eliminated and it is equipped with an
effective muffler or silencer so as to eliminate noise and devices
to eliminate or contain fumes and odors.
B.
No building or premises shall be used for any trade,
industry or purpose that is noxious or offensive by reason of the
emission of odor, dust, smoke, gas or noise or that is dangerous to
public health or safety.
C.
Keeping of swine or poultry is prohibited in all districts.
Kennels are prohibited in all districts; if dogs are housed for treatment
by a veterinarian in accordance with the provisions of Commercial
A or B, such an establishment shall not be considered a kennel.
D.
The storage or parking and use of a trailer or mobile home by any person or persons is hereby prohibited in each and all of the classes of districts enumerated in § 242-2, except that storage or parking may be conducted in public garages or in the open within 20 feet of the rear lot line of any occupied lot, provided that the trailer or mobile home is not placed in use and that the doors are kept securely locked. The provisions of this section shall not apply to a mobile home in an approved mobile home park.
E.
There shall be no outdoor storage of goods for sale,
raw materials, equipment or machinery, waste or any other goods or
materials in connection with any use, except for a residential use
in the Residential A District, except as approved by the Planning
Commission as part of approval of a site plan.
F.
Off-street parking:
(1)
Parking spaces shall be serviced by either one-way,
fifteen-foot-wide roadways or two-way, twenty-four-foot wide roadways
with adequate turning radii and pavement widening.
(2)
Each parking space shall consist of a rectangle of
at least nine feet by 18 feet with a generally level surface which
is paved or otherwise treated to provide a firm impervious surface
with unobstructed direct access to an aisle or driveway; where a parking
space is skewed, it must contain a rectangle of at least nine by 18
feet.
(3)
Off-street parking shall be provided as required in
the regulations for each district.
G.
Notice of radioactive materials.
[Added 9-28-1998 by L.L. No. 9-1998]
(1)
Legible, clearly visible placards shall be placed
on the outside of any building located within the Village of Colonie
giving notice that radioactive materials are contained on the premises.
(2)
Radioactive materials shall include any materials,
or combination of materials, that spontaneously emit ionizing radiation,
and having a specific activity greater than 0.002 microcurie per gram.
A.
Legislative intent. The Board of Trustees finds that
certain uses which are listed in other sections of this chapter as
requiring special permits have such potentially large or significant
effects on the public health, safety, comfort, convenience, general
welfare, environment, stability of property values and aesthetics
of the Village and its inhabitants that their establishment, expansion
or change requires a special procedure, including detailed review
and, where appropriate, imposition of special requirements for the
avoidance or mitigation of adverse effects or the promotion of the
purposes listed above, and that the interests of the Village and its
inhabitants require that such review and imposition of conditions
be performed by the Planning Commission in accordance with the requirements
of this section and other applicable provisions of the Code.
B.
Enforcement of special permit requirements.
(1)
No building permit, certificate of occupancy or any
other permit or license shall be issued by any board, agency or official
of the Village in connection with a use of land or buildings or for
the occupation, erection or alteration of any structure or land in
connection with a use for which a special permit is required under
this chapter except after the approval of a special permit by the
Planning Commission and in conformance with all conditions which may
be part of such special permit.
(2)
The violation of any condition which is part of a
special permit shall be cause for revocation of any other permit or
license which may have been issued as a result of the approval of
the special permit. The Code Enforcement Officer or any other official
of the Village responsible for the issuance of permits is charged
with the enforcement of this provision. Further, such violation shall
be considered disorderly conduct and subject the violator to a fine
of up to $250 per day for each day of violation.
C.
Procedures.
(1)
The owner or lessee of premises who desires to obtain
a special permit or his/her architect, engineer or agent shall submit
to the Village Clerk an application in five copies, together with
supporting material, also in five copies. The supporting material
shall be in accordance with the requirements for each use as specified
in the appropriate sections of this chapter and shall demonstrate
how, in the opinion of the applicant, the proposed use meets the standards,
requirements and objectives of this chapter. Application forms and
explanatory material are available from the Village Clerk. Applications,
in order to be considered complete, shall conform to the requirements
for preliminary plan submission in the explanatory material, but incomplete
applications may be submitted to begin the special permit application
process.
(2)
Upon receipt of the application, the Village Clerk
shall transmit all copies of the application to the Planning Commission.
(3)
The Planning Commission shall examine the application
and supporting material for completeness. If it finds the material
incomplete, the Commission shall notify the applicant promptly and
specify the additional information required. The applicant shall furnish
this required information within 60 days or within such longer period
as shall be mutually agreed upon.
(4)
The Planning Commission shall study the application
and schedule a public hearing on it within 120 days, starting either
at the meeting when a complete application has been received or 60
days after the original receipt of an incomplete application or after
the expiration of the mutually agreed extension period.
(5)
The Planning Commission shall act on the application within 60 days of the public hearing or within such longer period as shall be mutually agreed upon. The Planning Commission may approve or disapprove the application. Where the Planning Commission decides to approve, it shall add conditions or requirements as appropriate in each case or as specified elsewhere in this chapter. The Planning Commission shall notify the applicant promptly of its decision, in writing. In reaching its decision, the Planning Commission shall consider all aspects of the proposed use in detail, with specific reference to the provisions in this chapter which are applicable to the use and/or permit under consideration as well as any material submitted to satisfy the provisions of Chapter 114, Environmental Quality Review, of this Code. The record of the decision shall show any reasons or findings used by the Planning Commission in arriving at its decision and any conditions for approvals.
(6)
As far as possible, the Planning Commission shall
combine consideration of an application for a special permit with
consideration of an application for any other permit which the Planning
Commission may grant.
D.
Fees. Fees shall be as follows:
(1)
Fees shall be as determined by the Village Board from
time to time by resolution (see Chapter A246).
(2)
Before the Planning Commission schedules a public
hearing, the applicant shall reimburse the Village for all costs and
expenses incurred by the Village for outside engineering, planning,
environmental and other expert services required to review the application
and its supporting materials up to that point.
(3)
Before the final decision is communicated to the applicant,
the applicant shall reimburse the Village for any additional costs
incurred for outside expert services which have not been paid.
A.
Legislative intent. The purpose of this section is
to promote and protect the public health, welfare and safety by regulating
existing nonconforming uses. It is intended to protect property values
and create a more attractive residential, economic and business climate
in the Village of Colonie.
B.
Change in use.
(1)
If no structural alterations are made, any nonconforming
use of a structure or structure on premises in combination may be
changed to a nonconforming use of the same nature or to a more restricted
use or to a conforming use, provided that a change to a more restricted
use or to another nonconforming use may be made only if the relation
of the structure to its surrounding property is such that adverse
effects upon occupants and neighboring property will not be greater
than if the original nonconforming use continued.
(2)
No existing structure or premises devoted to a nonconforming
use shall be structurally altered, expanded or extended, except to
have such structure or premises conform to zoning requirements or
to comply with codes, rules or regulations relating to safety.
(3)
The conforming use of a nonconforming structure or
nonconforming lot may be changed to another conforming use, provided
that:
(a)
The change in use will not involve any change
in structure or lot resulting in an increase in the degree to which
the structure or lot is nonconforming.
(b)
To the greatest extent possible, the structure
or lot will be wholly or partially brought into compliance with the
Code as a result of this change of use.
C.
Extension of nonconforming uses. A nonconforming use
of a conforming structure or premises may be expanded or extended
into any other portion of such structure or premises, but in no case
shall the expansion be greater than 25% of the gross floor area. Such
shall require a finding by the Zoning Board of Appeals that such enlargement
or alteration is installed or instituted in such a fashion as to minimize
the detrimental effects of the nonconforming use upon adjoining conforming
uses. Such expansion or extension shall be permissible only where
the existing nonconforming use consists of professional office space
and the existing use will be continued as professional office space.
[Amended 8-10-1998 by L.L. No. 8-1998]
D.
Repair or restoration of a nonconforming structure
or a structure on a nonconforming lot. Any nonconforming structure
or structure on a nonconforming lot which has been declared unsafe
may be strengthened or restored to a safe condition. A nonconforming
structure or structure on a nonconforming lot, which has been damaged
by fire, storm, explosion, act of God, act of the public enemy or
other casualty, may be repaired or reconstructed, provided that repair
or reconstruction is finished within a one-year period, and further
provided that any structure or building and the lot on which it is
situated shall conform to the applicable requirements of this Code
in force at the time the damage occurred.
E.
Discontinuance of a nonconforming use.
(1)
A structure or premises or portion thereof, all or
substantially all of which is designed or intended for a use which
is not permitted in the district in which such structure or premises
is located, which is or hereafter becomes vacant or remains unoccupied
or is not in use for a continuous period of one year, shall not be
thereafter occupied or used except by a use which conforms to the
use regulations then in force in the district where such structure
or premises is located.
(2)
A structure or premises or portion thereof which is
designed or intended for a use which is permitted in the district
in which the structure or premises is located, but which structure
or premises is otherwise not in conformity with law, which is or hereafter
becomes vacant and remains unoccupied or is not in use for a continuous
period of two years, shall not be thereafter occupied or used except
upon conforming to the use regulations and other regulations of the
Code of the Village of Colonie then in force in the district where
the structure or premises is located.
A.
No premises, structure or building in the Village
of Colonie shall be erected, altered or used and no land shall be
used except in conformity with the provisions of this chapter.
B.
This chapter shall be enforced by the Code Enforcement
Officer, who shall be appointed by the Board of Trustees, and the
Town of Colonie Police Department.
C.
No building or structure shall be erected, added to
or structurally altered in the Village of Colonie until there has
been filed with the Code Enforcement Officer a plan drawn to scale
showing the actual dimensions, radii and angles of the lot to be built
upon, the exact size and location on the lot of the building and accessory
buildings to be erected and such other information as may be necessary
to determine and provide for the enforcement of this chapter. No work,
including any grading or removal of soil or vegetation, shall begin
until a building permit has been issued by the Code Enforcement Officer.
E.
No building permit shall be issued by the Code Enforcement Officer unless the site plan has been reviewed and approved by the Planning Commission in accordance with Village Law and Chapter 43, Planning Commission, of this Code, except for a one-family dwelling or a two-family dwelling in a residential district. The Planning Commission shall not approve a site plan until, where applicable, a variance has been granted by the Board of Appeals or a special permit has been granted by the Planning Commission. The site plan approval, where applicable, shall incorporate the conditions of the variance or special permit, as the case may be; and the building permit shall conform to all the applicable conditions of the site plan approval and the variance or special permit, if any.
F.
No certificate of occupancy shall be issued by the Code Enforcement Officer unless all applicable requirements, including the requirements imposed by the site plan approval and the variance or special permit, if any, have been met as well as the requirements set forth in Chapter 79, Building Construction and Fire Prevention.
G.
Where a lot is formed from part of a lot then already
improved, the separation must be effected in such manner as not to
impair any of the provisions of this chapter or of any approved site
plan or special permit, whether related to the then-existing improvements
or to the proposed new improvement on either lot.
H.
Where an improved lot is to be divided, each newly created lot and all improvements, including parking spaces and open spaces thereon, must comply with all provisions of this chapter or of any approved site plan. An unimproved lot may only be divided into two or more lots if all lots comply with all provisions of this chapter. All division of lots are also subject to Chapter 199, Subdivision of Land.
I.
Conversion to condominium or cooperative ownership.
(1)
Two-family dwellings, rows of attached single-family
dwellings, multifamily dwellings, mobile home parks and nonresidential
buildings occupied by more than one enterprise may be converted to
cooperative or condominium ownership, provided that:
(a)
The site plan is approved by the Planning Commission
and filed with the office of the Albany County Clerk.
(b)
Covenants and easements satisfactory to the
Planning Commission have been executed which will ensure maintenance
and insurance coverage for all common areas and provide for access
to individual units, parking areas and other common facilities to
occupants and visitors.
(2)
Conversion to condominium or cooperative ownership
does not create any right to divide land into lots where either the
lots or any improvements thereon violate any provision of the Code.
A.
For any and every violation of the provisions of this
chapter, the owner, general agent or contractor of a building or premises
where such violation has been committed or shall exist and the owner,
general agent or contractor, lessee or tenant of any part of a building
or premises in which such violation has been committed or shall exist
and the general agent, architect, builder, contractor or any other
person who commits, takes part or assists in such violation or who
maintains any building or premises in which any such violation shall
exist shall, for each and every day such violation continues, be subject
to a penalty of not more than $250 and/or imprisonment for not more
than 15 days and, in addition, shall pay all costs and expenses incurred
by the Village in determining such violation.
B.
Penalties for such violation shall be collected and
violations of this chapter shall be prosecuted in the manner prescribed
by law or ordinance effective in the Village of Colonie. Each and
every day that any such violation continues shall constitute a separate
offense. Nothing in this chapter shall be construed as depriving the
Village or the Board of Trustees of any available remedy, including
the maintenance of a civil action in a court of competent jurisdiction.
[Amended 8-22-2011 by L.L. No. 3-2011]
The Board of Trustees shall appoint a Board
of Appeals pursuant to Village Law § 7-712.
A.
Membership;
compensation; officers; term of office. Said Board shall consist of
five members who shall serve without compensation, for a term equal
to the number of regular voting members on the Board with one member’s
term expiring each year. The Mayor, subject to approval of the Board
of Trustees, appoints the Chairperson and the members. No member of
the Village Board of Trustees can also be a member of the Zoning Board
of Appeals.
B.
Alternate
members. There shall be one alternate member of the Zoning Board of
Appeals. The Chairperson of the Zoning Board of Appeals shall temporarily
replace a member with an alternate member, with full voting privileges,
where the member’s abstention from a particular vote, due to
absence or conflict of interest, precludes the Board member from taking
action on a particular issue.
A.
In addition to the jurisdiction of the Board of Appeals
in appeals pursuant to the Village Law, the Board of Appeals may,
in appropriate cases, subject to appropriate conditions and safeguards,
determine and vary the application of the regulations herein established
in harmony with the general purpose and intent and in accordance with
general or specific rules therein contained. Any variation of the
regulations applicable to a use requiring a special permit from the
Planning Commission shall require a finding of unnecessary hardship.
B.
A nonrefundable fee, in an amount as determined by
the Village Board from time to time by resolution, shall be required
with each filing of an application for a variance; the fee may vary
by type of use or zoning district (see Chapter A246). Such variance
request should by submitted with the completed form for an application
for a zoning variance; the form can be obtained at the Village Hall.
This fee is used for revenue purposes and to offset administrative
costs. In addition, the applicant is liable for any costs the Village
may incur to obtain expert legal or engineering advice to assist the
Board of Appeals in making a determination.
C.
Publication. Notice of hearings relative to applications
for variances shall be published once in an official newspaper of
the Village at least 10 days prior to the hearing date, together with
notification, by ordinary mail, to adjoining landowners.
A.
The Board of Trustees may, from time to time, on its
own motion or on petition, amend, supplement or repeal the regulations
and provisions of this chapter.
B.
Before acting on any proposed amendment, the Board
of Trustees shall refer it to the Planning Commission for a report
and recommendation. The Planning Commission shall report within 45
days of such referral unless this time period is extended by the Board
of Trustees. The Planning Commission may hold a public hearing. Failure
to report within 45 days (or the extended time period) shall be deemed
to be a favorable recommendation.
C.
Notice of public hearing.
(1)
The Board of Trustees, by resolution adopted at a
stated meeting, shall fix the time and place of a public hearing on
the proposed amendments and cause notice thereof to be given by publishing
a notice thereof once in a newspaper of general circulation in the
Village at least 10 days before the hearing. Written notice shall
also be given as required by Village Law § 7-706.
(2)
The notices shall state the general nature of the
proposed amendment.
D.
Whenever the owners of 50% or more of the street frontage
in any district or any specified part thereof shall present to the
Board of Trustees a petition duly signed and acknowledged requesting
an amendment, supplement, change, modification or repeal of the regulations
prescribed for or the Zoning Maps, including said district or said
specified part thereof, it shall be the duty of the Board of Trustees
to hold a public hearing thereon and cause notice thereof to be given
in the manner prescribed above.
