The principal uses and accessory uses permitted
and those uses allowed upon granting of a special permit in each district
are set forth in this section as follows:
A.
RR-80 Rural Residential District.
[Amended 9-8-1987 by Res. No. 276; 9-19-1974 by Res. No. 276; 5-1-1979 by Res. No. 112; 12-14-1993 by L.L. No.
8-1993; 9-8-1987 by Res. No. 276; 12-19-1989 by Res. No.
89-322; 10-27-1992 by L.L. No. 8-1992; 9-2-1997 by L.L. No. 11-1997]
(2)
Permitted accessory uses.
(a)
Private garages.
(b)
Private swimming pools and recreation facilities
solely for the use of residents therein.
(c)
Buildings accessory to agricultural operations.
(d)
Customary home occupation uses.
(e)
Accessory parking and loading.
(f)
Stables for the quartering of horses accessory
to residential uses.
(g)
Major and minor accessory structures.
(h)
Accessory home-care units in single-family dwellings.
(3)
Special principal uses.
(a)
Average density development projects.
(b)
Private swimming and/or tennis, yacht or similar
clubs.
(c)
Buildings for the display and sale of agricultural
products.
(d)
Golf courses.
(e)
Cemeteries.
(f)
Adult day-care center in an independent building.
(g)
Adult day-care center operated within the main
building of a school or place of worship.
B.
R-1 Low-Density Residential District.
(3)
Special principal uses.
[Amended 9-8-1987 by Res. No. 276]
(a)
Any special use permitted in the RR-80 District,
except yacht clubs and recreational boating facilities.
[Amended 9-2-1997 by L.L. No. 11-1997]
(b)
Schools of private instruction.
(c)
Places of worship, religious education facilities,
parish houses and rectories.
(d)
Truck gardening and farming.
(e)
Hospitals.
(f)
Mobile home parks.
(g)
Nursery schools operated within a school, hospital
or place of worship.
[Amended 10-27-1992 by L.L. No. 8-1992]
(h)
Care homes.
(i)
Nursing homes.
(j)
Cemeteries.
(k)
Adult day-care center in an independent building.
[Added 12-19-1989 by Res. No. 89-322]
(l)
Adult day-care center operated within the main
building of a school or place of worship.
[Added 12-19-1989 by Res. No. 89-322]
(m)
Child day-care center operated within a school,
hospital or place of worship.
[Added 12-19-1989 by Res. No. 89-322]
C.
R-2 Medium-Density Residential District.
[Amended 9-19-1974 by Res. No. 276; 9-8-1987 by Res. No. 276; 12-19-1989 by Res. No. 89-322; 4-2-1991 by Res. No. 91-101]
(2)
Permitted accessory uses.
(a)
Any accessory uses permitted in the R.R District,
except stables for the quartering of horses accessory to residential
uses and buildings accessory to agricultural operations.
[Amended 10-27-1992 by L.L. No. 8-1992]
(3)
Special principal uses.
(a)
Places of worship, religious education facilities,
parish houses and rectories.
(b)
Hospitals.
(c)
Mobile home parks.
(d)
[1]Private colleges, which may include athletic fields for
activities involving paid admission and playfields, housing facilities
and buildings for instruction.
[1]
Editor's Note: Former Subsections C(3)(d), Professional offices, medical, and C(3)(e), Professional offices, nonmedical, were repealed 6-6-2000 by L.L. No. 2-2000. This local law also provided for the redesignation of former Subsections C(3)(f) through C(3)(m) as Subsections C(3)(d) through C(3)(k), respectively.
(e)
Care homes.
(f)
Nursing homes.
(g)
Nursery schools.
(h)
Adult day-care center in an independent building.
(i)
Adult day-care center operated within the main
building of a school or place of worship.
(j)
Child day-care center operated within a school
or place of worship.
[Amended 11-19-1991 by L.L. No. 13-1991]
(k)
Schools of private instruction.
[Added 6-7-1994 by L.L. No. 5-1994]
D.
R-3 High-Density Residential District.
(1)
Permitted principal uses.
(2)
Permitted accessory uses.
(a)
Garages, swimming pools and recreational facilities
solely for the use of residents therein.
(b)
Accessory service facilities such as solid waste
disposal areas and maintenance equipment buildings.
(c)
Customary home occupation uses.
(d)
Accessory parking and loading.
(e)
Accessory solar collectors or solar energy systems.
[Added 11-23-1982 by Res. No. 295]
(f)
Accessory home-care units in single-family dwellings.
[Added 12-14-1993 by L.L. No. 8-1993]
(3)
Special principal uses.
(b)
Convenience service uses for the residents of
multiple-family dwelling units, to include only automatic coin-operated
laundry and dry-cleaning facilities, laundry and dry-cleaning pickup
shops, drugstores, barber- and beauty shops, professional offices
and basic service food stores.
[Amended 9-19-1974 by Res. No. 276]
(c)
Public utility substations, pumping stations
and telephone exchange and switching stations.
(d)
Places of worship, religious education facilities,
parish houses and rectories.
[Amended 10-27-1992 by L.L. No. 8-1992]
(e)
Nursery schools.
(f)
Care homes.
(g)
Adult day-care center in an independent building.
[Added 12-19-1989 by Res. No. 89-322]
(h)
Adult day-care center operated within the main
building of a school or place of worship.
[Added 12-19-1989 by Res. No. 89-322]
(i)
Child day-care center operated within a school,
hospital or place of worship.
[Added 12-19-1989 by Res. No. 89-322][4]
[4]
Editor's Note: Former Subsection D(3)(j) and
(k), added 10-27-1992 by L.L. No. 8-1992 and which immediately followed
this subsection, was repealed 4-15-2003 by L.L. No. 5-2003. Said L.L.
No. 5-2003 also provided for the relettering of former Subsection
D(3)(l) as Subsection D(3)(j). Former Subsection D(3)(j), Inns and
hotels, added 8-17-1999 by L.L. No. 12-1999, was repealed 5-1-2007
by L.L. No. 6-2007.
E.
C-N Neighborhood Commercial District.
[Amended 1-2-1973 by Res. No. 46; 9-19-1974 by Res. No.
276]
(1)
Permitted principal uses limited to reuse and/or expansion
by not more than 25% of an existing building.
[Added 12-22-1998 by L.L. No. 15-1998]
(a)
Office buildings for general business, including
radio and television broadcasting studios, and offices for nonmedical
professional uses, provided that there is no sale of retail goods
in office buildings.
(b)
Medical offices.
(c)
Retail and service stores, not to include department
stores, category stores, superstores, power centers and other similar
retail and service uses that require a size and scale in excess of
15,000 square feet for each store.
(d)
Neighborhood retail convenience stores, to include
only banks; retail drugs, dry goods and variety; cards, newspaper
and stationery; artist supply and hobby; packaged liquors; dry-cleaning
and laundry retail pickup; beauty salons and barbershops; neighborhood
groceries (convenience markets); hardware; and sales or rentals of
prerecorded audio and/or visual entertainment media.
(e)
Child day-care centers in mixed-use buildings with shared parking
facilities.
[Added 6-29-2010 by L.L. No. 3-2010]
(3)
Special principal uses.
[Amended 12-19-1989 by Res. No. 89-322; 4-2-1991 by Res. No. 91-101; 10-27-1992 by L.L. No. 8-1992]
(a)
Office buildings for general business, including
radio and television broadcasting studios, and offices for nonmedical
professional uses, provided that there is no sale of retail goods
in office buildings.
(b)
Medical offices.
(c)
Funeral homes and undertaking establishments.
(d)
Restaurants, sit-down or take-out (no vehicle
pickup and ordering facilities.
[Amended 7-19-1994 by L.L. No. 7-1994; 1-20-2004 by L.L. No.
2-2004]
(e)
Food markets.
(f)
Landscaping and garden supply stores.
(g)
Public utility substations, pumping stations,
telephone exchanges and switching stations.
(h)
Gasoline service stations.
(i)
Commercial indoor recreational facilities, excluding
electronic games as a principal use.
(j)
Retail and service stores, not to include department
stores, category stores, superstores, power centers and other similar
retail and service uses that require a size and scale in excess of
15,000 square feet for each store.
[Amended 7-19-1994 by L.L. No. 7-1994]
(k)
Neighborhood retail convenience stores, to include
only banks; retail drugs; dry goods and variety; cards, newspaper
and stationery; artist supply and hobby; packaged liquors; dry-cleaning
and laundry retail pickup; beauty salons and barbershops; neighborhood
groceries (convenience markets); hardware; and sales or rentals of
prerecorded audio and/or visual entertainment media.
(l)
Public service facilities, including but not
limited to Town offices, libraries and post offices.
(m)
Child day-care centers in an independent building.
(n)
Neighborhood mixed use building.
[Added 8-19-2003 by L.L. No. 8-2003]
F.
C-H Highway Commercial District.
(1)
Permitted principal uses.
(a)
Eating and drinking establishments; fast-food,
sit-down and/or take-out restaurants; automotive parts supply stores;
garden supply and landscape shops; and building, plumbing and related
supply sales.
[Amended 3-25-1997 by L.L. No. 5-1997]
(b)
Hotels, inns and motels.
[Amended 5-1-2007 by L.L. No. 6-2007]
(c)
General business offices and professional medical
and nonmedical offices.
[Amended 12-16-1997 by L.L. No. 17-1997]
(d)
Wholesale distribution facilities.
(e)
Commercial recreation facilities, to include
only bowling alleys, billiard parlors and health clubs.
(f)
Banks.
[Added 12-16-1997 by L.L. No. 17-1997]
(g)
Retail and service stores.
[Added 12-8-1998 by L.L. No. 10-1998]
(h)
Food markets.
[Added 2-16-2012 by L.L. No. 3-2012]
(2)
Permitted accessory uses.
G.
H.
I-R Research and Development District.
(1)
Permitted principal uses.
[Amended 9-8-1987 by Res. No. 276]
(a)
Research, experimental and testing laboratories.
(2)
Permitted accessory uses.
(a)
All storage of equipment, goods or materials
accessory to principal uses.
[Amended 10-27-1992 by L.L. No. 8-1992]
(b)
Accessory parking and loading.
(c)
Accessory solar collectors or solar energy systems.
[Added 11-23-1982 by Res. No. 295]
(d)
Accessory buildings and uses customary and incidental
to the principal use.
[Added 10-27-1992 by L.L. No. 8-1992]
(e)
Telecommunications facilities in which the antenna(s)
are collocated on a previously approved telecommunications tower or
on an existing structure previously approved for such use.
[Added 12-16-1997 by L.L. No. 16-1997]
(f)
Child day-care centers operated primarily for
use by employees on the same lot as the principal permitted use or
special permitted use. Single-family detached dwellings are not included.
[Added 12-8-1998 by L.L. No. 10-1998]
I.
I-G General Industrial District.
[Amended 11-23-1982 by Res. No. 295; 9-8-1987 by Res. No. 276; 12-19-1989 by Res. No. 89-322; 4-2-1991 by Res. No. 91-101]
(2)
Permitted accessory uses.
(a)
All storage of equipment, goods or material
accessory to principal uses.
(b)
Accessory parking and loading.
(c)
Accessory solar collectors or solar energy systems.
(d)
Accessory buildings and uses customary and incidental
to the principal use.
[Added 10-27-1992 by L.L. No. 8-1992]
(e)
Telecommunications facilities in which the antenna(s)
are collocated on a previously approved telecommunications tower or
on an existing structure previously approved for such use.
[Added 12-16-1997 by L.L. No. 16-1997]
(f)
Child day-care centers operated primarily for
use by employees on the same lot as the principal permitted use or
special permitted use. Single-family detached dwellings, automotive
storage and wrecking yards, construction facilities and storage yards
are not included.
[Added 12-8-1998 by L.L. No. 10-1998]
(3)
Special principal uses.
J.
L-C Land Conservation District.
(2)
Permitted accessory uses.
[Amended 11-23-1982 by Res. No. 295; 11-19-1991 by L.L. No.
13-1991]
(a)
Private garages.
(b)
Private swimming pools and recreation facilities
solely for the use of the residents therein.
(c)
Accessory solar collector or solar energy systems.
(d)
Accessory parking and loading.
[Amended 10-27-1992 by L.L. No. 8-1992]
(e)
Major and minor accessory structures for single-family
detached dwellings.
[Added 10-27-1992 by L.L. No. 8-1992)
(f)
Accessory home-care units in single-family dwellings.
[Added 12-14-1993 by L.L. No. 8-1993]
(3)
Special principal uses.
(a)
Agricultural operations.
(b)
Bird sanctuaries, camping grounds, hiking trails,
nature preserves, parks, playgrounds, golf courses, scenic areas,
fishing areas or other similar uses.
(d)
Recreational boating facilities in accordance with § 220-32.
[Added 10-27-1992 by L.L. No. 8-1992]
(e)
Research libraries and institutional headquarters
for organizations whose purpose is the preservation and protection
of wilderness and other valuable open spaces and/or the study of natural
history.
[Added 12-8-1998 by L.L. No. 13-1998]
K.
R-P Residential and Professional District.
[Amended 6-3-1997 by L.L. No. 9-1997]
(2)
Permitted accessory uses.
(a)
Eating facilities, clinics, in-service training
schools and the like for the exclusive use of employees and visitors
to the principal use.
(b)
Indoor storage facilities.
(c)
Off-street parking and loading.
(d)
Accessory solar collectors or solar energy systems.
(e)
Customary home occupations.
(f)
Other customary and incidental accessory uses
associated with the principal use.
(3)
Special principal uses.
L.
Neighborhood Mixed Use (N-MU).[10]
[Added 1-3-2017 by L.L.
No. 1-2017]
(1)
Permitted principal uses.
(a)
Single-family detached or attached dwelling units.
(b)
Multiple-family dwelling units.
(c)
Open space, passive open space, active recreational space.
(d)
Nonresidential uses, individually or combined within a building:
[1]
Retail and service stores.
[2]
Eating and drinking establishments; fast-food, take-out and/or
sit-down restaurants.
[3]
Banks.
[4]
Food markets.
[5]
Hotels and bed-and-breakfast establishments.
[6]
General business offices.
[7]
Medical offices.
[8]
Schools.
[9]
Child day-care centers.
[10]
Places of worship, religious education facilities,
parish houses and rectories.
[11]
Municipal offices.
[12]
Community centers.
[13]
Post offices.
(e)
Neighborhood mixed-use buildings.
(2)
Permitted accessory uses.
(a)
Garages, swimming pools and recreational facilities solely for
the use of residents therein.
(b)
Accessory service facilities such as solid waste disposal areas
and maintenance equipment buildings.
(c)
Customary home occupation uses.
(d)
Accessory parking and loading.
(e)
Accessory home-care units in single-family detached dwellings.
(f)
Private garages.
(g)
Major and minor accessory structures for single-family detached
and attached dwellings.
[10]
Editor's Note: Former Subsection L, RR-40 Rural Residential
District, added 9-2-1997 by L.L. No. 11-1997, was repealed 3-22-2016
by L.L. No. 1-2016.
M.
O-T/LI: Office Technology/Light Industrial Zone.
[Added 6-1-2004 by L.L. No. 15-2004]
(1)
Permitted principal uses. An owner shall be permitted
to have more than one tenant in an approved facility, provided that
all occupancies fall within the permitted use. The following uses
are expressly permitted in the O-T/LI Zone, subject to the district
regulations and performance standards as set forth herein:
(a)
Light manufacturing.
(b)
Research, experimental and testing laboratories.
(c)
Office buildings for general business and professional
use.
(d)
Printing, publication, engraving and bookbinding
facilities.
(e)
Public utility building, including: structure
or use, storage yard, repair shop, water facility or other similar
use.
(f)
Public service facilities, including but not
limited to Town offices, libraries, or post office.
(2)
Permitted accessory uses:
(a)
All storage of equipment, goods or materials
accessory to the principal uses.
(b)
Accessory buildings and uses that are customary
and incidental to the principal use.
(c)
Accessory parking and loading.
(d)
Telecommunications facilities in which the antenna(s)
are co-located on a previously approved telecommunications tower or
on an existing structure previously approved for such use.
(e)
Child day-care centers operated primarily for
use by employees of the principal use.
(f)
Clinics, recreational and residential facilities
for the exclusive use of company employees, officers and guests, except
that no residential facility shall exceed four bedrooms.
(g)
Training centers and schools for employees of
the principal use.
(h)
Eating facilities primarily for the use of employees,
officers and guests of the principal use.
(i)
Public utility uses, including but not limited
to electrical substations, telephone exchange or other similar use.
(j)
Accessory service facilities such as solid waste
disposal areas and maintenance equipment buildings.
(3)
Special principal uses:
[Amended 3-22-2016 by L.L. No. 1-2016]
(4)
Prohibited uses. In accordance with the purpose of this article as set forth in § 220-32.6A, the following is a list, while not all-inclusive, of examples and uses which do not meet the intended purpose of this zone and are therefore prohibited. The following uses are expressly prohibited in the O-T/LI Zone as constituting either heavy manufacturing use or incompatible light manufacturing use:
[Amended 3-22-2016 by L.L. No. 1-2016]
(a)
Asphalt plants: inclusive.
(b)
Assaying any metal except gold, silver or platinum.
(c)
Atomic power facilities and storage of nuclear waste.
(d)
Automobile and truck rental facilities, public garages and automotive
sales.
(e)
Automotive repair shops and garages and auto body shops.
(f)
Automobile service stations.
(g)
Auto wrecking yards or scrap metal storage.
(h)
Corralling of livestock or poultry for slaughter or transshipping.
(i)
Crematories.
(j)
Distillation of coal, wood, bones or tar.
(k)
Excavation and removal of stone, sand, and gravel.
(l)
Iron, steel, brass or copper foundries.
(m)
Manufacture of alcohol, dye or rubber.
(n)
Manufacture of ammonia, chlorine, bleaching powder, boilers,
large steel tanks, large steel vessels, asphalt, brick, tile, glutinous
derivatives, lampblack, lime cement, plaster of Paris, oil cloth,
linoleum, paint, varnish, turpentine, printing ink, pyroxoline plastic
or articles made therefrom, soap, starch, glucose, dextrin products,
sulfurous products, tar or tar products, crude rubber products, alcohol
or carcinogenic dyes.
(o)
Manufacture of cement or abrasives.
(p)
Manufacture of corrosive acid or alkali.
(q)
Manufacture of fertilizer or glue.
(r)
Manufacture or production of hazardous and/or toxic chemicals,
as defined in 15 U.S.C. § 1261.
(s)
Manufacture or storage of fireworks, explosives or munitions.
(t)
Manufacture, processing, production or refining of petroleum
or other flammable liquids or gasses.
(u)
Motor vehicle, snowmobile or other motorized vehicle racing
or track operation or car or midget auto races.
(v)
Packing, curing or processing of raw fish or raw fish products.
(w)
Power-generation plants.
(x)
Refining of petroleum.
(y)
Rendering or reduction of fats, tallow, grease, lard or any
organic material, including garbage, offal, dead animals of any kind
or refuse of any kind.
(z)
Residential dwellings units.
(aa)
Slaughtering of animals or birds.
(bb)
Smelting of metals.
(cc)
Stone or gravel crushing.
(dd)
Storage, warehousing or distribution of chemicals or petroleum
products, unless necessary or incidental to the main use.
(ee)
Structural steel or metal fabrication where a drop hammer is
used.
(ff)
Tanning, storage or curing of rawhides or skins.
(gg)
Timbering.
(hh)
Warehousing, public and private.
(ii)
Wholesale distribution and storage facilities.
(jj)
Any other use which will produce objectionable noise, particulates, vibrations, odors, noxious gases, smoke, fire and safety hazards, glare and heat, or wastes, or which emits radiation injurious to persons or animals, or which pollutes the air so as to make it injurious to the health of persons not engaged in the process involved or injurious to plants and/or wildlife and/or structures beyond the limits of the property on which such pollution originates. The production of any of the above-mentioned by-products shall be deemed to be objectionable if they can be distinguished beyond the limits of the property in which they are created as set forth in the performance standards of § 220-23.
[1]
Editor's Note: Former § 220-11,
Conformity with regulations required, was repealed 10-3-2000 by L.L.
No. 6-2000.
The Town Board of the Town of Niskayuna may
establish by resolution the licensing fees, rules and regulations
and the penalties for violation of the same applicable to the principal
and accessory use of electronic games commercially and may amend such
resolution periodically.[1]
