In addition to the regulations given in Articles IV and VIII, the following shall apply to all multiple-family dwellings:
A.
Dimensional regulations.
(1)
The minimum size of the site shall be two acres.
(2)
The maximum dwelling units per gross acre for condominiums
shall be six. For all other dwelling units, the maximum units per
gross acre shall be 10.
[Amended 6-1-2004 by L.L. No. 14-2004]
(3)
The maximum building height shall be 35 feet.
(4)
The maximum number of stories shall be three.
(5)
Site coverage. The maximum site coverage by all buildings
and structures shall be 30% of the total area.
B.
Locational criteria.
(1)
Access. Project proposals shall be proximate to a
major road and shall have direct access to an arterial or major local
street, except when such an arterial or street shall exclusively serve
single-family residential neighborhoods. Further, any development
with only one access road shall have an alternate clear accessway
available for the use of emergency vehicles.
(2)
Utilities. No project proposal shall be considered
unless adequate public water supply and sewage disposal are available.
C.
Landscaping requirements. All projects shall be suitably landscaped as required in § 220-21, including the provision of effective screening along the property boundaries, including side and rear boundaries abutting streets.
D.
Open space requirements. Every project shall have
suitable open space available for the use of the residents therein.
A ratio of 400 square feet per dwelling unit shall be provided. Development
of this open space for passive and/or active recreational uses, including
swimming pools, shall be provided in a suitable manner. Required yard
areas may be considered as long as access to them is not prohibited
by fencing or other means. Off-street parking areas, access drives
and streets shall not be included in such assessment.
E.
Building spacing and layout. Buildings shall be located
so that the privacy of individual units is protected, so that their
arrangement creates usable open spaces and a satisfactory environment
for the residents and avoids monotonous and undifferentiated silhouettes.
In no case shall buildings be closer to one another than 25 feet.
F.
Parking requirements. In addition to the requirements of §§ 220-19 and 220-20, the following shall apply:
(1)
Spaces. There shall be a minimum of two parking spaces
per apartment. At least one of these spaces must be enclosed or under
cover.
(2)
Parking areas. Parking areas shall be distributed
so as to service the individual dwelling units. As a general standard,
no resident should have to travel more than 200 feet between his car
and dwelling unit. Parking lots shall be adequately designed, landscaped
and screened so as to conform to all applicable regulations; provide
for adequate access and traffic circulation; and prevent headlights
from shining into dwelling units. Maneuvering area for moving vans
shall be reasonably provided throughout so as to provide convenient
access to individual units.
G.
Pedestrian circulation. Sidewalks and pathways should
be integrally designed so as to provide safe and convenient access
between buildings and internal recreation, parking, service areas
and public transportation routes.
H.
Lighting. Outdoor lighting may be required in parking
areas and along streets, access drives, sidewalks and pathways and
wherever deemed necessary so that the safety of the residents shall
be ensured. Lighting fixtures shall be designed at a scale compatible
with purposes served and of such intensity so as not to reflect or
to cause glare on public streets, adjacent residential uses or in
dwelling units therein. Lighting shall be maintained in an operable
condition.
I.
Nonresidential uses.
(1)
Convenience service uses. Convenience uses shall not
comprise more than 5% of the rentable floor area of any multiple-family
complex of single ownership, and such facilities shall be located
within a separate building and be so located as to be integrated to
function and relate to the residents therein. The maximum floor area
of such use shall be 1,500 square feet. The minimum off-street parking
and loading standards and permitted sign standards of the retail convenience
stores in the C-N District shall be applied.
(2)
Utilities. Public utility substations, pumping stations and telephone exchange and switching stations shall be located within completely enclosed buildings that harmonize with the character of the adjacent neighborhood and, in the case of electric and gas utility substations, shall provide adequate screening and landscaping as provided in § 220-21.
J.
Signs. In addition to the regulations of § 220-22A(10), one sign may be permitted at each access point to the site. In addition to the principal sign(s), any number of directional signs, each not to exceed four square feet in area and eight feet above average grade, may be permitted. Signs for convenience service uses shall be limited to one externally lit wall sign not to exceed 20 square feet in area.
[Amended 12-8-1998 by L.L. No. 8-1998]
K.
Planning Board consideration. Recognizing that it
is cumbersome and self-defeating, if not impossible, to anticipate
all possible design contingencies, the Planning Board reserves the
right to raise any other related questions and requirements as may
be appropriate in achieving the intent of this section.
[Added 8-17-1999 by L.L. No. 12-1999]
In addition to the regulations given in Articles IV and VIII, the following shall apply to all inns and hotels:
A.
B.
Access. Project proposals shall abut a major or minor
arterial and shall have proximate access to that major or minor arterial.
Further, any development with only one access road shall have an alternate
accessway available for the use of emergency vehicles.
[Amended 5-1-2007 by L.L. No. 6-2007]
C.
Landscaping requirements. All projects shall be suitably landscaped as required in § 220-21, including the provision of effective screening along the property boundaries.
D.
Open space requirements. Every project shall have
suitable open space for the use of guests. The minimum open space
shall be 30% of the total area. Development of this open space for
passive and/or active recreational uses, including swimming pools,
shall be provided in a suitable manner. Required yard areas may be
considered as open space as long as access to them is provided. Off-street
parking areas, access drives and streets shall not be included in
such assessment.
F.
Pedestrian circulation. Sidewalks and pathways should
be integrally designed so as to provide safe and convenient access
between buildings, structures and internal recreation, parking and
service areas and public transportation routes.
A.
Mobile home use. Mobile homes shall be restricted
for residential use, except that they may serve as temporary structures
in conjunction with construction projects. Such temporary structures
may exist for the duration of such construction, provided that they
shall be removed within 30 days of completion of said construction.
No such nonresidential structure shall be located on any site for
more than one year, except with the permission of the Planning Board.
B.
Mobile home location. No mobile home shall be located in the Town of Niskayuna except within a mobile park or as provided in § 220-51C of this chapter.
C.
Mobile home park location. Mobile home parks shall be located in those districts as provided in Article IV of this chapter.
D.
Mobile home park review. Mobile home park proposals shall be reviewed according to the procedures of Article VIII of this chapter, shall conform to all provisions of this chapter and shall be subject to the following requirements:
(1)
Size. A mobile home park shall have a minimum lot
area of 10 acres.
(3)
Access. A mobile home park shall have access from
a public arterial or major local street and at least one but not more
than two points of egress and ingress.
(4)
Roads. A mobile home park shall have roads with a
paved surface of at least 20 feet in width and built to standards
for local Town streets. Each mobile home lot shall have direct access
to such roads.
(5)
Parking. At least one off-road parking space shall
be provided for each mobile home located on the lot or within 50 feet
of such home. In addition, there shall be at least one off-road parking
space for each two mobile home stands in the park, and these shall
be located throughout the park. Each parking space shall have convenient
access to a roadway.
(6)
Recreation area. A usable area exclusively for recreational
purposes shall be provided and equipped within the mobile home park
and shall be equal in area to at least 400 square feet for each mobile
home stand.
(7)
Screening. A mobile home park shall provide a landscaped area at least 25 feet wide along all exterior lines of the park and street frontages. Such areas shall be suitably planted and maintained to provide visual screening from adjacent properties and streets as required in § 220-21.
(8)
Utilities. A mobile home park shall have water and
sanitary sewage disposal systems in accordance with the regulations
of and approved by the State of New York. Such systems shall connect
with public water and sewerage systems where such exist. Each mobile
home stand shall have separate, suitable and approved water and sewage
disposal and electrical systems or connections.
(9)
Laundry facilities. Adequate laundry facilities shall
be provided.
(10)
Storage. Enclosed storage facilities shall be
provided and conveniently located with a minimum of 175 cubic feet
of space for each mobile home stand.
E.
Travel trailers. Travel trailers shall not be used
as dwellings and shall not be stored within a mobile home park unless
they are owned by residents of the park and they are stored in a screened
area separate from the mobile home stands.
F.
Annual inspections. The Building Inspector shall annually
inspect the premises of a mobile home park at a time mutually agreed
to by himself and the owner and/or manager of said park so as to ensure
compliance with the provisions of this chapter. The Zoning Enforcement
Officer shall report any violations of this chapter to the owner and
manager. Such violations shall be corrected within 30 days of such
report or be subject to the penalty provisions of this chapter.
A.
Purpose. The purpose of this section is to permit
variation in lot size and housing type in suitable areas in order
to encourage flexibility of design, facilitate the adequate and economical
provisions of streets and utilities and preserve the natural and scenic
qualities of open space, in accordance with the intent of § 281
of the Town Law of New York State.
B.
Conditions for lot size reduction. The purposes are
achieved by permitting lot size to be reduced in a subdivision tract
if:
[Amended 4-16-1981 by Res. No. 126]
C.
Determination. The Town Board shall have the right
to issue or deny special use permits for average density development
following the requirements set forth herein.
D.
Material to be submitted. Application for a special use permit for average density development shall be made to the Zoning Enforcement Officer in quadruplicate in the manner set forth in § 220-67C of this chapter. Within 14 days of receipt of an application for a special use permit for average density development, the Zoning Enforcement Officer shall forward two copies of said application and all related materials to the Town Board in accordance with § 220-67F(4) of this chapter. Concurrent with this submission to the Zoning Enforcement Officer, the applicant must submit a plan to the Planning Board for consideration under Chapter 189, Subdivision of Land, of the Code of the Town of Niskayuna.
E.
Mandatory referral to the Planning Board. The Town Board shall, within 14 days of receipt of the application from the Zoning Enforcement Officer, refer one copy of the above to the Planning Board for preliminary site plan review and report under the provisions of Article VIII of this chapter.
F.
Requirements for average density developments. In addition to the criteria for review established by Article VIII of this chapter, the Planning Board shall apply the following standards in their site plan review of average density development projects:
(1)
Where permitted. This section applies only to lands
zoned R-R and R-1.
[Amended 6-5-1984 by Res. No. 175]
(2)
Dimension requirements.
(a)
Minimum area. The minimum area required to apply
the provisions of this section shall be 10 contiguous acres of land.
(b)
Lot size variation.
[Amended 4-16-1981 by Res. No. 126; 6-5-1984 by Res. No. 175]
[1]
The size(s) of lots in an average density development
may vary from the normal requirements of the district in which they
are located, but no dimension or area requirement for the district
shall be reduced by more than 50%.
[2]
Lands associated with a structure on which attached
single-family dwelling units are located shall be considered a lot
for the purposes of applying standards for yard dimensions.
(3)
Dwelling units.
(a)
Maximum in project. The maximum number of dwellings shall be determined from the preparation of a conventional subdivision sketch plan of the project area. The sketch plan shall be prepared in conformance with Chapter 189, Subdivision of Land, and the provisions of this chapter for detached single-family dwellings and shall include designated park areas. Where two or more zoning districts are involved, the standards for the applicable zoning district shall be applied to each part of the project area. The number of dwelling units permitted in each district will then be added together for the total number of dwelling units permitted. The permitted number of building plots or dwelling units shall not exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the district or districts in which such land is situated and conforming to all other applicable requirements. Consideration of terrain, topography, drainage, flooding potential and other natural conditions must be considered in determining the maximum number of dwellings in the project.
[Amended 4-16-1981 by Res. No. 126; 6-5-1984 by Res. No. 175]
(b)
Dwelling unit types. A minimum of 40% of the
total number of project dwelling units shall be single-family detached
units with the remaining units being townhouses or semidetached units.
(4)
Open space requirements.
[Amended 4-16-1981 by Res. No. 126; 6-5-1984 by Res. No. 175]
(a)
Quantitative considerations. The subdivider
shall set aside for open space purposes the same percentage of the
entire proposed development as that by which the total of the lot
areas have been reduced.
(b)
Qualitative considerations.
[1]
Land reserved for open space shall, in the judgment
of the Planning Board, be in a location(s), of a size and shape and
of a type or character suitable for the purposes for which such land
shall be primarily reserved. Types may include playgrounds, neighborhood
parks or a natural or conservation area such as a natural watercourse.
As a portion of the submittal to the Planning Board, the subdivider
shall propose conditions to be established for continuing ownership
and maintenance of the open space land. The Planning Board may require
that the open space be located at a suitable place on the edge of
the subdivision so that additional land may be added at such time
as the adjacent land is subdivided.
[2]
Homeowners' association charters shall provide
that, in the event of default by the association, the Town can take
over the continuing ownership and maintenance of all open space lands
and tax landowners accordingly.
[3]
Homeowners' association charters shall address
an obligation on the part of all homeowners in the development to
adhere to maintenance and appearance standards established by the
association and which are acceptable to the Town.
(c)
Minimum width. Reserved open space shall not
be narrower than 200 feet, except where necessary to provide a pathway
or other means of access. An easement for a natural watercourse dedicated
to the Town may be considered as open space for the purpose of this
regulation if such easement is at least 200 feet wide. Open space
shall be arranged to provide an area of adequate size and shape so
as to be of value to the residents.
G.
Action on application by the Planning Board. Upon
receipt of the application from the Town Board, the Planning Board
shall conduct a public hearing and report to the Town Board on the
preliminary site plan within a reasonable time of the receipt of the
above material and of any additional material it has required the
applicant to submit.
H.
Considerations in report. In addition to the considerations set forth in §§ 220-59 and 220-46B of this chapter, the Planning Board shall also determine that:
(1)
Such development shall not be detrimental to the health,
safety or general welfare of the persons residing in the vicinity
or injurious to property or improvements within its proximity; and
(2)
The proposed development is in conformity with the
objectives of the Comprehensive Plan, especially as the proposal relates
to the implementation of highways, parks and the preservation of scenic
and open space areas.
[Amended 10-27-1992 by L.L. No. 8-1992; 9-2-1997 by L.L. No. 11-1997; 2-26-2008 by L.L. No. 1-2008; 10-22-2013 by L.L. No. 4-2013; 1-3-2017 by L.L. No. 1-2017]
A.
A "home occupation" is an occupation or profession which is clearly
incidental and secondary to the use of the dwelling unit for residential
purposes and which is carried on by a member of the family residing
in said dwelling unit.
B.
Registration and permit renewal; fees.
(1)
Registration. The applicant shall file a building and zoning permit
to register the home occupation, along with a permit fee of $75.
(2)
Permit renewal. Once issued, a building and zoning permit for a home
occupation shall be renewed by the applicant on an annual basis until
such time as the business shall cease. There shall be a charge of
$25 for each renewal. Failure to renew the permit shall constitute
a violation of this chapter.
(3)
De minimis uses. Registration is not required for home occupations
where all of the following conditions are met:
(a)
No physical change to the exterior of a principal or accessory
structure is required to accommodate the home occupation;
(b)
The use is conducted on the site solely by persons utilizing
the home as their primary residence;
(c)
The home occupation has no nonresident employees; and
(d)
No customers, including, but not limited to patients and clients,
are expected to enter the property or dwelling.
C.
General conditions.
(1)
Where permitted. One home occupation use is permitted in any residential
dwelling unit or building or structure accessory thereto.
(2)
Extent of use. Such use may occupy not more than 20% of the gross
floor area of the dwelling unit nor 15% of the gross floor area of
the dwelling unit and accessory structures and buildings; and such
use shall be carried on solely and wholly within the principal building
or within such accessory structure(s) or building(s).
(3)
Evidence of use. There shall be no exterior display, no exterior
storage of materials and no other exterior indication of the home
occupation or variation from the residential character of the principal
building.
(4)
Exterior sign. In addition to the regulation of Schedule I, Column
7,[1] one unanimated, nonilluminated sign of not more than two
square feet attached to the building is permitted.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(5)
Parking. One off-street parking space for every 200 square feet of
home occupation use shall be required if persons other than members
of the family will be entering upon the property or entering the dwelling
for purposes relevant to the home occupation.
(6)
Nuisance elements. No offensive noise, vibration, smoke, dust, odor,
heat or glare shall be produced.
(7)
Employees. In addition to members of the family residing in the residential
dwelling unit, not more than one additional person shall be employed
in the home occupation, except that there may be two additional persons
employed in a home occupation located on a major arterial.
D.
Permitted uses. Such uses include an art studio, that is not a place
of instruction; private music lessons or tutoring of not more than
one student at a time; dressmaking and tailoring; office of a physician,
dentist, lawyer, engineer, architect, real estate or insurance broker
or agent or accountant; writing; telecommuting; telephone service
only for any occupation; internet or software-based website or application
development; or other uses of a similar nature.
[Added 8-31-2010 by L.L. No. 5-2010]
A.
PORTABLE STORAGE UNIT
TEMPORARY BULK WASTE CONTAINER
Definitions. As used in this section, the following terms shall have
the meanings indicated.
A container designed, constructed, and commonly used for
nonpermanent placement on property for the purpose of temporary storage
of personal property.
A container or receptacle designed to receive, transport
or dump trash, waste or other materials associated with residential
or commercial remodeling. This definition shall include, but is not
limited to, rolloff dumpsters
B.
General conditions.
(1)
Before placing a portable storage unit or temporary bulk waste container
on his or her property, a person must submit an application and receive
a building permit from the Town of Niskayuna Building Department.
An insurance certificate providing liability insurance in the amount
of $100,000 provided by the company supplying the portable storage
unit or temporary bulk waste container must accompany the application.
Applications are available in the Building Department and on the Town's
website.
(2)
Permits will be granted for thirty-day periods. The first 30 days
are free, but an applicant must submit a building permit application.
For the second thirty-day period, the $25 permit fee is required.
At the expiration of the second thirty-day period, applicants may
seek one renewal for an additional 30 days at a cost of $25.
(3)
Portable storage units and temporary bulk waste containers are prohibited
from being placed in streets or the front yard of a property. Portable
storage units and temporary bulk waste containers kept in the driveway
of the property must be at the furthest accessible point from the
street without blocking entrances or exits of any pedestrian doors
or accessory structures. All locations must be paved off-street surfaces.
The applicant must obtain preapproval of the location by the Town
of Niskayuna Building Inspectors in the following situations:
(4)
Only one portable storage unit and one temporary bulk waste container
may be placed at any residential property at one time.
C.
Violations and penalties. Any person or persons who shall violate
any of the provisions of this section shall be guilty of an offense
and shall be punishable by a minimum fine of $50 but not more than
$500, or imprisonment for not more than 15 days, or both. Each day
that a violation continues shall be deemed a separate offense.
[1]
Editor's Note: Former § 220-30,
Swimming pools, as amended, was repealed 6-1-2004 by L.L. No. 14-2004.
A.
Types of care are as follows:
(1)
Skilled nursing care provides, in addition to room
and board, those nursing services and procedures employed in caring
for the sick which require training, judgment, technical knowledge
and skills beyond those which the untrained person possesses. It involves
administering medications and carrying out procedures in accordance
with the orders, instructions and prescriptions of the attending physician
or surgeon.
(2)
Personal care provides in addition to room and board,
personal services such as help in walking and getting in and out of
bed; assistance in bathing, dressing and feeding; preparation of a
special diet; and supervision over medications which can be self-administered.
(3)
Residential care provides primary room and board with
limited services such as laundry, personal courtesies such as occasional
help with correspondence or shopping and a helping hand short of routine
provision of personal care described above.
(4)
A nursing home is a medical-related facility providing
skilled nursing care and must comply with all New York State Department
of Health Regulations.
B.
Location. Care homes and/or nursing homes may be located
as special principal uses in R-1, R-2 and R-3 Zoning Districts. Sites
should be reasonably accessible to the center of community activities,
physician services and medical facilities and located within the service
area of a Fire Department. Public transportation within a reasonable
distance is desirable. Sufficient space suitable for outdoor recreation
should be available. The outdoor noise level at a care home and/or
nursing home should be minimal.
C.
Access. Care homes and/or nursing homes must have
access from an arterial road and have at least one, but not more than
two points of egress and ingress.
D.
Size. Minimum lot size in R-1, R-2 and R-3 Districts
shall be five acres.
E.
Number of beds. The number of beds in any facility
shall not exceed a maximum of 15 beds per acre.
[Amended 4-20-1999 by L.L. No. 5-1999]
F.
Structure location.
(1)
All buildings or structures shall meet the lot size,
coverage, side, rear and front yard requirements as set forth in Schedule
I for the zoning district in which they are located.
[Amended 4-20-1999 by L.L. No. 5-1999]
(2)
Care homes and/or nursing homes or part thereof shall
not be located within 200 feet, measured along contiguous street frontages
of any fire station, public or private elementary or high school or
gasoline service station.
G.
Parking. Off-street parking spaces are to be provided
as follows: one space for each four beds, plus one space for each
registered or licensed practical nurse, plus one space for each two
employees other than nurses, except that for residential care and
personal care homes, there shall be one space for each three beds.
[Amended 4-20-1999 by L.L. No. 5-1999]
H.
Open space and screening.
(1)
Open space, compact shrubbery, evergreen planting and/or planting of shrubbery, trees or vines shall be provided as the Planning Board may determine as reasonable and proper to afford adequate screening and usable open space in addition to meeting the general requirements of § 220-21.
(2)
These additional considerations are for the purpose
of protecting any adjacent residential uses by some visual barrier
and to provide outdoor privacy for care home and/or nursing home residents.
I.
Governmental approvals. Approval or endorsement of
any proposal for care homes and/or nursing homes from the New York
State Department of Health, the New York State Department of Public
Welfare, the Schenectady County Health Department, the Niskayuna Health
Office, the Fire Department and/or other applicable federal, state,
County or Town agency shall be demonstrated to the Planning Board
prior to disposition of the final site plan review.
[Amended 4-20-1999 by L.L. No. 5-1999]
[Added 5-1-1973 by Res. No. 160]
A.
For purposes of this chapter, facilities for recreational
boating have the common purpose of providing a point of transition
for boatsmen from land to water. Such facilities can range from a
marina, a comparatively elaborate form of development catering to
every need of boatsmen as well as nonboaters to simple launching ramps
or docks for the purpose of providing nothing more than access to
water.
B.
Location. Recreational facilities may be located in
L-C and R-R Districts having frontage along or access to the Mohawk
River.
C.
Land area. Minimum acreages for recreational boating
facilities are as follows:
|
Facility
|
Area
|
|---|---|
|
Launching dock
|
30,000 square feet
|
|
Launching ramp
|
2 acres
|
|
Small boat dock (for craft up to 20 feet in
length)
|
5 acres
|
|
Berthing slips
|
25 acres
|
D.
Mooring facilities. Maximum mooring facilities are
as follows:
|
Facility
|
Number of Craft per Acre of Land
|
|---|---|
|
Docks for nonmotorized craft
|
30
|
|
Small boat dock
|
20
|
|
Berthing slips
|
10
|
E.
F.
Sewage disposal. When required by regulation, facilities
for pumping and storing of liquid and solid wastes and garbage from
marine craft are to meet the minimum standards of the New York State
Department of Health.
G.
Marine convenience stores. As applicable, marine convenience
commercial facilities may be provided as long as such marine convenience
stores meet ordinance standards for retail convenience stores (Schedule
I-D, C-N District),[1] including off-street parking if such facilities are available
to nonboaters.
[1]
Editor's Note: Schedule I-D is located at
the end of this chapter.
H.
Fueling facilities. As applicable, fueling facilities may be treated as a marine convenience facility (see Subsection G), except that fuel pumps may be located at water's edge, provided that proper safeguards are provided against oil and gasoline spills; such safeguards are to be specified at time of site plan approval.
I.
Restaurant facilities. As applicable, restaurant facilities
may be included in a recreational boating facility, provided that
it is in character with the recreational concept of the facility and
such restaurants meet ordinance standards for retail and service stores
(Schedule I-D, C-N District),[2] including off-street parking if such facilities are available
to nonboaters.
[2]
Editor's Note: See Schedule I-D located at
the end of this chapter.
J.
Private yacht club. In addition to meeting all land
requirements for recreational boating facilities, a private yacht
club must meet the standards established in the ordinance for private
yacht clubs (Schedule I-A, R-R District).[3]
[3]
Editor's Note: Schedule I-A is located at
the end of this chapter.
K.
Apart from the separate requirements cited in this
section, the total area of buildings plus parking areas in a recreational
boating facility shall not exceed 75% of the total land areas of the
facility. For purposes of meeting this requirement, any public lands
leased or available from a local, state or federal agency may be added
to lands privately owned or leased.
[Added 12-19-1989 by Res. No. 89-322]
A.
Type of care. An adult day-care facility provides
daytime care for adults who are physically handicapped or cognitively
impaired. An adult day-care facility provides primarily social care
with professional assistance to the client but does not provide for
continuous nursing and/or medical care.
B.
Minimum standards. Adult day-care facilities shall
be in substantial agreement with the recommended Standards for Social
Adult Day Care as prepared by the New York State Office for the Aging,
New York State Department of Social Services, until such time as either
the federal, state or County government promulgates regulations governing
such facilities, whereupon adult day-care facilities shall comply
with said regulations.
C.
Occupancy. The number of participants shall be limited
to a maximum of one participant per 150 square feet of gross floor
area.
D.
Participant/staff ratio. The recommended participant-to-direct-service-staff
ratio shall be a maximum of five to one.
E.
Construction. The exterior appearance of the building
must be consistent with the prevailing architecture of the neighborhood.
F.
Open space and screening. A minimum green space of
25% shall be provided. Screening and fencing shall be provided as
the Planning Board determines reasonable and proper for the location
of the same.
G.
Government approvals. Granting of a special permit
by the Town Board shall be conditioned on such approvals as may be
required by involved federal, state or County agencies.
[Added 12-19-1989 by Res. No. 89-322]
A.
Type of care. A child day-care center is a facility
whose program provides care for three or more children away from their
home for more than three hours but less than 24 hours.
B.
Minimum standards. A child day-care center shall be
licensed by and operated in accordance with 18 NYCRR Part 418 of the
New York State Department of Social Services.
C.
Location. In residential zones, child day-care centers
shall be operated within a school, hospital or place of worship. In
all nonresidential zones, child day-care centers shall be located
on the same lot as the principal use, except that in the C-N Zone,
day-care centers may be located in independent buildings and mixed-use
buildings with shared parking facilities, and in the R-P Zone, child
day-care centers may be located in independent buildings or operated
within a school or place of worship.
[Amended 4-2-1991 by Res. No. 91-101; 6-3-1997 by L.L. No. 9-1997; 6-29-2010 by L.L. No. 3-2010]
D.
Size. In all nonresidential zones except C-N and R-P,
the gross interior floor area of the child day-care center shall not
exceed 10% of the gross interior floor area of the principal use.
[Amended 4-2-1991 by Res. No. 91-101; 6-3-1997 by L.L. No. 9-1997]
E.
Open space and screening. Screening and fencing shall
be determined by the Planning Board. A minimum green space of 25%
shall be provided.
F.
Playground area. In all nonresidential zones except
C-N and R-P, the required playground area shall be equal to 75 square
feet per child per play period.
[Amended 4-2-1991 by Res. No. 91-101; 6-3-1997 by L.L. No. 9-1997]
G.
Government approvals. The granting of a special use
permit by the Town Board shall be conditioned on such approvals as
may be required by involved federal, state or County agencies.
[Added 12-14-1993 by L.L. No. 8-1993]
A.
Purpose. The purpose of permitting temporary accessory
home-care units is:
(1)
To provide housing arrangements which meet the
needs of the elderly and/or disabled population in the community by
affording an opportunity for them to live in close proximity to family
members who can help maintain their health, independence and privacy;
and
(2)
To preserve the single-family residential character
of neighborhoods by ensuring that temporary accessory home-care units
are installed only in conjunction with owner-occupied single-family
houses and under such additional conditions as may be appropriate.
B.
General requirements.
(1)
Accessory home-care units shall be temporary,
and occupancy shall be restricted to elderly and/or disabled individuals
related to at least one owner-occupant of the single-family dwelling
in which the unit is placed. For the purposes of this section, the
relationship between the owner-occupant and the occupant(s) of the
accessory unit shall be a lawful family relationship or the functional
equivalent thereof; "elderly" is defined as 62 years of age or older;
and "disability" is defined as a physical, mental or medical impairment
resulting from anatomical, physiological or neurological conditions
which prevents the exercise of a normal bodily function or is demonstrable
by medically accepted clinical or laboratory diagnostic techniques
and which requires an unusual level of care from the principal owner-occupant(s).
(2)
An accessory home-care unit shall require a
building and zoning permit issued by the Building Inspector of the
Town of Niskayuna. The applicant for an accessory home-care unit shall
be the owner-occupant of the principal dwelling unit. A permit issued
for an accessory home-care unit is temporary and shall cease upon
notice to the Town that the applicant no longer meets the conditions
for such use.
C.
Standards.
(1)
Location. An accessory home-care unit may be
located within an existing single-family dwelling or an addition to
that dwelling in the R-R, R-1, R-2, R-3 and L-C Zoning Districts.
(2)
Number. There shall be only one accessory home-care
unit per building lot.
(3)
Design. If the accessory home-care unit is located
within an addition to the single-family dwelling unit, it shall be
designed so that there is interior access between the principal and
accessory unit and, to the maximum extent feasible, so that the exterior
appearance of the addition matches that of the principal dwelling
unit.
(4)
Compliance with zoning. An accessory home-care
unit shall comply with the yard and lot coverage requirements of Schedule
I of this chapter[1] that apply to the single-family dwelling in which it is
located.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(5)
Parking. An applicant shall demonstrate to the
satisfaction of the Building Inspector that the site can accommodate
sufficient parking for both the principal and the accessory units.
(6)
Adequacy of services. An applicant for an accessory
home-care unit shall demonstrate to the satisfaction of the Town that
the existing sanitary disposal and water service is adequate to accommodate
the additional dwelling unit. Plans for connecting and disconnecting
water and sewer services for the accessory home-care unit shall be
submitted as part of the building and zoning permit application and
shall be approved by the Department of Public Works. Installation
of a second water meter shall not be permitted.
(7)
Limits on use. A permit for an accessory home-care unit is temporary and shall cease when the applicant notifies the Building Inspector that the requirements of Subsection B(1) are no longer met. To meet the requirement of discontinuance of use, the applicant shall submit a restoration plan as part of the application for the building and zoning permit. In accordance with Subsection D(4), this plan shall detail the work and cost of work for all reconstruction and removal of improvements associated with discontinuance of the accessory home-care unit.
(8)
Notice of discontinuance of use. The owner shall
notify the Building Inspector in writing within 90 days once the accessory
unit is no longer needed, the property is sold or for some other reason
the applicant no longer meets the conditions for such use. Upon notification,
the building and zoning permit for the accessory home-care unit shall
be terminated. The applicant shall then comply with the terms of the
restoration plan within 90 days of the date of termination.
D.
Conditions. An application for a building and zoning
permit for an accessory home-care unit shall be accompanied by the
following information:
(1)
Statement of need. The written statement of need shall be signed by the applicant and provide evidence that the relationship to the owner-occupant, age and/or disability of the occupant(s) of the proposed accessory home-care unit are consistent with the requirements of Subsection B(1). A written statement from a physician or psychologist attesting that the disability of the occupant(s) of the proposed accessory home-care unit meets the criteria set forth in Subsection B(1) shall be sufficient evidence of that disability.
(2)
Building plans. The applicant shall provide
building construction plans for an accessory home-care unit located
within an addition to or within the existing dwelling unit. Plans
shall meet the requirements of the New York State Uniform Fire Prevention
and Building Code and applicable building and zoning codes of the
Town of Niskayuna. At a minimum, the plans shall include a floor plan
of the principal dwelling unit and the accessory home-care unit detailing
the interior access between units.
(3)
Site plan. The site plan shall be drawn at a
scale of one inch equals 30 feet, unless the Building Inspector determines
otherwise, and show the following information:
(a)
The applicant's name and address.
(b)
The applicant's entire lot.
(c)
The location and size of all structures on the
applicant's lot, including the single-family dwelling unit, all accessory
buildings and structures, driveway and parking areas, easements, etc.
(d)
The proposed location, point of entry and size
of the accessory unit.
(e)
Building elevations of any proposed addition.
(4)
Restoration plan. The restoration plan shall
be a detailed plan for removal of the accessory home-care unit and
shall identify those structures, exterior and interior walls, electrical
and plumbing improvements and connections to public water and sewer
services to be retained and those to be removed upon cessation of
the accessory home-care use. In particular, it shall include a removal
plan for all kitchen-related improvements facilitating the preparation
of food, including but not limited to such items as sinks, stoves,
counters and refrigerators. The plan shall include estimated restoration
costs for all reconstruction and removal of improvements as associated
with discontinuance of the accessory home-care unit.
E.
Permit renewal and registration.
(1)
Permit renewal. Once issued, a building and
zoning permit for an accessory home-care unit shall be renewed by
the applicant on an annual basis until such time as the use shall
cease. There shall be a charge of $25 for each renewal. Failure to
renew the permit shall constitute a violation of this chapter and
result in prosecution.
(2)
Registration. The applicant shall file the building
and zoning permit for an accessory home-care unit as a deed restriction
with the Schenectady County Clerk's office and shall furnish proof
of filing to the Town. A permit for an accessory home-care unit shall
not be renewed without proof of filing of the original permit.
F.
Violations. Failure to meet the requirements of this
section shall constitute a violation of this chapter and result in
prosecution.
[Added 12-16-1997 by L.L. No. 16-1997]
A.
Purpose. It is the purpose of this section to promote
the health, safety and general welfare of the residents of the Town
of Niskayuna; to provide standards for the safe provision of telecommunications
consistent with applicable federal and state laws; to minimize the
total number of telecommunications towers in the Town by encouraging
shared use of existing and future towers and the use of existing tall
buildings and other high structures; and to minimize adverse visual
effects from telecommunications towers by requiring careful siting,
visual impact assessment and appropriate landscaping.
B.
Special permit required.
(1)
Any telecommunications tower shall be used in
conformity with these regulations unless said tower was approved prior
to the effective date of this section. All telecommunications towers
shall hereafter be erected, moved, reconstructed, changed or altered
after approval of the special use permit and in conformity with these
regulations. Any existing structure shall be modified to serve as
a telecommunications towers only if it is in conformity with these
regulations.
(2)
Antennas proposed for collocation on a previously approved telecommunications tower or on an existing structure previously approved for such use do not require a special permit. They are, however, subject to site plan review in accordance with the requirements of this section and Article VIII of this chapter, as applicable. The Planning Board may require the applicant for a collocated antenna to submit any of the items under Subsection C(1) below as part of the site plan review process.
(3)
Telecommunications towers shall be permitted
in accordance with these regulations within the I-R Research and Development
Zoning District and in the I-G General Industrial Zoning District
either as principal structures or as accessory structures to an existing
permitted use.
(4)
The above notwithstanding, antennas may be authorized
at the discretion of the Town Board for location on the Town water
tower or other Town structures.
C.
Use of existing tall structures. At all times, use or shared use of existing tall structures (for example, the municipal water tower, multi-story buildings, church steeples, etc.) and existing or approved towers as described in Subsection B(2) above shall be preferred to the construction of new towers.
(1)
An applicant proposing to locate or collocate
antennas on an existing tall structure shall submit the following
documents:
(a)
A completed application for a special permit
or for site plan review, as applicable.
(b)
Documentation from the owner of the tall structure
of his/her intent to allow location or collocation of antennas on
said structure.
(c)
A site plan. This site plan shall show all existing
and proposed structures and improvements including antennas, roads,
buildings, guy wires and anchors, parking, screening and landscaping.
The site plan shall include grading plans for new facilities and roads.
Methods used to conceal the modification of the existing structure
shall be indicated on the site plan.
(d)
An engineers report certifying that the proposed
use or shared use of the structure will not diminish the structural
integrity and safety of the existing tall structure and explaining
what modifications, if any, will be required in order to certify to
the above.
(e)
A completed environmental assessment form (EAF)
and a completed visual EAF addendum.
(f)
A copy of the applicant's Federal Communications
Commission (FCC) license.
(2)
If the responsible Board determines after examination of the documentation provided under Subsection C(1) above that the proposed modifications to the existing structure are insignificant, then, after compliance with SEQRA and procedural requirements of this chapter, the Board may grant approval without further review under this section. If, however, the Board determines that any of the proposed modifications are significant, it may require further review in accordance with Subsections H through S below.
D.
New telecommunications towers. The Town Board may
consider an application for a special permit for a new communications
tower when the applicant demonstrates that shared use of existing
tall structures and existing or approved towers is impractical. An
applicant for a new telecommunications tower shall be required to
present a report inventorying all existing tall structures and existing
or approved towers within a reasonable distance of the proposed site.
This distance shall be determined by the Town Board or its designee
in consultation with the applicant. The report shall outline opportunities
for shared use of these existing facilities as an alternative to a
new tower. The report shall demonstrate good faith efforts to secure
use or shared use from the owner of each existing tall structure and
existing or approved tower as well as documentation of the physical,
technical and/or financial reasons why use of an existing structure
is not practical in each case. Written requests and responses for
use of the existing structure shall be provided as part of the application.
E.
Shared usage of an existing tower site for placement of a new tower. Where use or shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and its accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall be subject to the requirements of Subsections G through S below.
F.
New tower at a new location. The Town Board may consider the location of a new telecommunications tower on a site not currently used for said use when the applicant demonstrates that use or shared use of existing tall structures and use of existing or approved towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based on the applicant's investigation in accordance with Subsection E above. Any proposal for a new telecommunications tower on a new site shall be subject to the requirements of Subsections G through S below.
G.
New towers and future shared use. The applicant shall
design a proposed new telecommunications tower to accommodate future
demand for reception and transmitting facilities. As part of the application
for the special permit, the applicant shall submit to the Town Board
a letter of intent committing the owner of the proposed new tower
and his/her successors in interest to negotiate in good faith for
shared use of the proposed tower by other telecommunications providers
in the future. This letter shall be filed with the Building Inspector
prior to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation of the special
permit. The letter shall commit the new tower owner and his/her successors
in interest to:
(1)
Respond within 60 days to a request for information
from a potential shared use applicant.
(2)
Negotiate in good faith concerning requests
for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if any other
telecommunications provider agrees in writing to pay reasonable charges.
The charge may include, but is not limited to, a pro rata share of
the cost of site selection, planning, project administration, land
costs, site design, construction and maintenance financing, return
on equity and depreciation and all of the costs of adapting the tower
or equipment to accommodate a shared user.
H.
Site plan review submission requirements.
(1)
The applicant shall submit a site plan in accordance with § 220-43 of this chapter and the requirements of this section. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, tower(s), guy wire and anchors, parking, screening and landscaping. The site plan shall include grading plans for new facilities and roads.
(2)
The applicant shall submit the following:
(a)
A complete EAF.
(b)
A complete visual environmental assessment form
(visual EAF addendum).
(c)
Documentation on the need for the facility at
the proposed location.
(d)
Documentation on the proposed intent and capacity
of use.
(e)
Justification for the height and design of any
tower.
(f)
Justification for any required clearing.
(g)
A copy of its Federal Communications Commission
(FCC) license.
(3)
The reviewing Board may request, at the applicant's
expense, review of the submitted materials by a qualified engineer
in order to evaluate the need for the facility at the proposed location
and the appropriateness of the site layout and tower design.
I.
Lot size and setbacks.
(1)
Telecommunications towers may be located on
a single lot as a principal structure or on a portion of a lot of
an existing use. If the land for the telecommunications tower is to
be leased, the entire area required shall be leased from a single
parcel unless the Town Board determines that this provision may be
waived.
(2)
At a minimum, lot area provided for telecommunications
towers and the accessory facilities shall not encompass any other
existing structures and shall be sufficient to substantially contain
all ice-fall and debris from tower failure.
(3)
Unless otherwise provided in this section, telecommunications
towers shall be located with a minimum setback from any property line
equal to 1/2 of the height of the tower, except that the minimum setback
from a public road shall be no less than 100 feet. Setbacks shall
apply to all tower parts including guy wire anchors, and to any accessory
facilities.
(4)
Other portions of this section notwithstanding,
the minimum distance of any telecommunications tower, including guy
wire anchors, from any single-family or two-family dwelling as measured
from nearest point to nearest point shall be 500 feet.
J.
Visual impact assessment. The Town Board may require
the applicant to undertake a visual impact assessment which may include:
(1)
A "zone of visibility" map to determine the
locations from which the tower may be seen.
(2)
Pictorial representations of "before" and "after"
views from key viewpoints both inside and outside the Town, including
but not limited to public roads, state and local parks and other public
lands normally open to the public and from any other location whether
the site is visible to a large number of visitors or travelers. The
Board shall determine the appropriate key sites in consultation with
the applicant.
(4)
Assessment of the visual impact of the tower
base, guy wires, accessory facilities and overhead utility lines from
abutting properties and streets.
K.
New tower design. Alternative designs shall be considered
for new towers, including lattice and single-pole structures. The
design of a proposed new tower shall comply with the following:
(1)
Any new tower shall be designed to accommodate
future shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations,
a tower shall have a finish, either painted or unpainted, that minimizes
its degree of visual impact. Where feasible, the tower shall be disguised
or camouflaged to blend in with its surroundings. Examples of camouflaging
include, but are not limited to, mounting of antenna(s) on tall structures
or disguising a monopole tower as a tree.
(3)
In general, the maximum height of any new tower
shall not exceed that which can permit operation without artificial
lighting of any kind in accordance with municipal, state and/or federal
law or regulation. The Town Board, at its discretion, may modify this
requirement if the applicant can justify the need to exceed this height
limitation.
(4)
Accessory structures shall maximize the use
of building materials, colors and textures designed to blend with
the natural surroundings.
(5)
One business or advertising sign not to exceed
30 square feet in area shall be permitted for the telecommunications
facility. Such sign may be either on the ground or attached to an
accessory facility. Such sign, if on the ground, shall not be higher
than four feet above the average grade at its location. Such sign,
if attached to an accessory facility, shall be attached to the building
face and shall not protrude more than one foot from the building face
and shall be a single-face sign.
L.
Existing vegetation. Existing vegetation within the
perimeter of the tower site shall be preserved to the maximum extent
practicable.
M.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and the accessory facilities
from nearby properties as well as from public sites known to include
important views or vistas. Where a site abuts a residential property
or public property, including streets, screening shall be required.
N.
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. New access driveways shall be a minimum of 12 feet wide and
shall have a sufficient base to support a twenty-ton emergency vehicle
as certified by a detailed cross-section stamped by a licensed engineer.
Driveway areas shall be clear of obstructions for a height of 12 feet
and a width of 16 feet.
O.
Parking. Parking shall be provided to assure adequate
emergency and service access. The reviewing Board shall determine
the number of required spaces based upon a recommendation from the
applicant. No parking spaces shall be located in any required yard.
P.
Fencing. The tower and any accessory structures shall
be adequately enclosed by a fence, design of which shall be approved
by the reviewing Board. This requirement may be waived by the Board
if the applicant demonstrates that such measures are unnecessary to
ensure the security of the facility.
Q.
Removal. Towers in disuse shall be removed in accordance
with the following procedures:
(1)
The applicant shall submit to the Town Board
a letter of intent committing the tower owner and his/her successors
in interest to notify the Building Inspector within 30 days of the
discontinuance of use of the tower. This letter shall be filed with
the Building Inspector prior to issuance of a building permit.
(2)
Unused towers and accessory facilities shall
be removed from the site within four months of such notification to
the Town in accordance with a valid building permit for demolition.
Failure to notify or to remove the unused tower in accordance with
these regulations shall be a violation of this chapter.
R.
Intermunicipal notification. In order to keep neighboring
municipalities informed and to facilitate the possibility of directing
that an existing tall structure or existing telecommunications tower
in a neighboring municipality be considered for shared use and to
assist in the contained development of County 911 services, the Town
Board shall require that:
(1)
An applicant who proposes a new telecommunications
tower shall notify, in writing, the legislative body of each municipality
that borders the Town of Niskayuna, the Schenectady County Department
of Planning and the Director of the Schenectady County Communication
E-911 Program. Notification shall include the exact location of the
proposed tower and a general description of the project, including
but not limited to the height of the tower and its capacity for future
use.
(2)
Documentation of service of this notification
shall be submitted to the Town Board as part of the application.
S.
Notification of nearby landowners. The applicant shall
be required to mail notice of the public hearing directly to all landowners
whose property is located within 500 feet of the property line of
the parcel on which a new tower is proposed. Notice shall also be
mailed to the administrator of any state or federal parkland from
which the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail. Documentation of service
of this notification shall be submitted to the Town Board prior to
the public hearing.
[Added 12-8-1998 by L.L. No. 13-1998]
A.
Purpose. It is the purpose of this section to provide
for small-scale facilities in the Land Conservation Zoning Districts
of the Town where such facilities house research and education programs
dedicated to the preservation and protection of the natural environment
and/or the study of natural history.
B.
Standards.
(2)
The principal and accessory buildings and structures
on the lot shall not exceed a FAR (floor area ratio) of 0.1. The principal
building shall not exceed 15,000 square feet.
(3)
The principal building shall be limited to two
stories. Other sections of this chapter notwithstanding, the height
of the principal building shall not exceed 30 feet above the average
finished grade.
(4)
There shall be no more than two accessory structures
on the lot with the principal building if one of the accessory structures
is a fence. Otherwise, there shall be only one accessory structure
on the lot.
(5)
The research and/or educational purposes of
the facility shall be of such a scope that its program requirements
shall not require more than five full-time equivalent employees. The
facility shall not be used as a conference site.
(6)
There shall be no direct retail sales at the
facility.
C.
Access. All such facilities shall have access from
an arterial or collector street and shall have at least one but not
more than two points of ingress and egress.
D.
Parking.
(1)
Minimum parking requirements shall be determined
by the Planning Board after due consideration of the project needs
for employees and visitors.
(2)
Under no circumstances shall the facility provide
more than thirty parking spaces for employee and visitor parking combined.
(3)
Other sections of this chapter notwithstanding,
driveways and parking areas shall be paved only upon direction of
the Planning Board.
(4)
The outside storage or parking of a vehicle
of more than one-ton load-carrying capacity is prohibited.
(5)
Parking areas shall be a minimum of twenty-five
feet from the side and rear property lines.
E.
Architectural compatibility. The architectural style
of the facility and its accessory structures shall be compatible with
the natural and built environment of its surroundings. Natural materials
should be used to the extent practicable.
F.
Open space and screening.
(1)
Every effort shall be made to minimize disturbance
of the natural setting in which the facility is located. Natural vegetation
shall be maintained to the extent practicable.
(2)
Other sections of this chapter notwithstanding,
a minimum green space of 50% shall be provided.
(3)
Parking areas shall be located only in the side
or rear yards and shall be screened from their surroundings by vegetation
and/or fencing. Parking in front of the principal building is prohibited.
G.
Signs. One unlit, wall-mounted sign, not to exceed
twelve square feet in area, is permitted. This sign shall be constructed
from natural materials complementary to the building.
[Added 6-1-2004 by L.L. No. 15-2004]
A.
Purpose. It is the purpose of this section to provide
an environment for a combination of office and light industrial uses
that is both compatible with the essentially residential character
of the Town of Niskayuna and supportive of efficient development of
the permitted uses. Standards are intended to clearly identify desired
plan elements that promote the health, safety, and welfare of the
general community. These include the appropriate location, arrangement,
and design of buildings, parking areas, open space and site amenities.
This district is primarily for selective industries whose activities
do not adversely impact the environment or quality of life of the
residents of the Town or create an impact which is injurious to the
public health, safety or general welfare of the residents or property
owners of the Town of Niskayuna. Accordingly, due to the potential
adverse and/or harmful impact of heavy industrial uses, such uses
are explicitly excluded from this district. These standards shall
supplement the applicable regulations of Schedule I[1] for the specific use and the regulations of Article V and Article VIII of this chapter. In the event of conflict, the standards of this section shall control.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
B.
Dimensional regulations.
(1)
The minimum lot area shall be two acres.
(2)
The minimum lot width shall be 150 feet.
(3)
The minimum lot depth shall be 150 feet.
(4)
The maximum building height of principal or
accessory buildings shall be 35 feet. For principal buildings only,
for each foot the height of a building exceeds 35 feet, the width
of each required yard shall be increased by two feet. Under no circumstances
shall the height of a building exceed 60 feet.
(5)
Open space/lot coverage. Buildings, parking
areas, including maneuvering areas, stormwater retention areas and
other site amenities that are an integral and necessary part of the
use shall not occupy more than 60% of the total lot area. The open
space requirement for this district is 40%. The stormwater retention
area may be included in the green space calculation upon proof that
the stormwater retention area will be improved to form an integral
part of the landscaping scheme and would enhance the overall aesthetics
and thus serve the purpose of the green space requirements of this
article.
(6)
Yard requirements.
(a)
Minimum front yard: 40 feet, except that lots
fronting on Aqueduct Road, Balltown Road and Hillside Avenue shall
require a minimum front yard of 100 feet. There shall be no encroachment
of structures other than a fence or similar structure or sign in the
front yard.
(b)
A corner lot shall have a front yard of the
required depth on each street frontage. If the side of a building
or structure shall be arranged, intended, used or altered to receive
or ship merchandise from doors or loading platforms facing upon a
side road or highway, then such buildings shall be set back 100 feet
from the property line along the road or highway upon which the same
shall face. In addition, a suitable barrier or obstruction which will
prevent passage of vehicular traffic but not obstructing the sight
distance of operators thereof shall be erected adjacent to the property
line abutting the public road or highway. Entrance driveways may be
placed through such barrier or obstruction not in excess of 30 feet
in width.
(c)
A through lot shall have a front yard setback
of the required depth on each street frontage.
(d)
Vision clearance. On any lot on which a front
yard is required by this chapter, no wall, fence, sign, or other structure
shall be erected and no hedge, tree, shrub, or other growth shall
be maintained in such location within such required front yard space
as to cause danger to traffic by obstructing the view.
(e)
Side yards/rear yards. In order to allow for
maximum flexibility of design, to preserve as much of the natural
environment as possible and to promote the purpose of this article,
there is established a twenty-five-foot minimum side and rear yard
setback, which shall be considered open space and which shall contain
natural or planted vegetation for the purpose of screening uses from
adjacent properties.
(f)
When abutting any residential use district,
the minimum side and rear yard setbacks shall be 50 feet, except that
the minimum setback to a building shall be 100 feet.
(g)
Setbacks for accessory buildings. No buildings
approved as accessory to the main use shall be constructed closer
to a property line than the setbacks required for a principal building.
Accessory buildings may not be placed in the front yard except on
a through lot. On a through lot, an accessory building may be placed
in what would normally be the rear yard but must be set back the required
front yard depth from the rear street.
(7)
Building arrangement and location.
(a)
Other sections of this chapter notwithstanding,
for lot areas of five acres or larger, one principal use may be contained
in more than one principal building.
(b)
Where more than one principal building is located
on the same lot, a minimum distance of 20 feet shall be provided between
the buildings.
(c)
Except for off-street parking and loading facilities
and as otherwise noted below for storage, all permitted and accessory
uses shall be carried out in fully enclosed principal or accessory
buildings.
C.
Building design. The building design shall consider
building facade, including color, and other significant design features,
such as exterior materials and treatments, roof structure, exposed
mechanical equipment and service and storage areas. Building design
shall make appropriate recognition of building forms within the general
neighborhood. Material shall have good architectural character, and
metal facades and concrete block facades, other than architectural
or split block, shall be discouraged along the building front.
(1)
Guidelines and standards. The following guidelines
and standards are intended to be used as a basis for design by developers
proposing developments in the O-T/LI Zoning District. They are also
intended to be used as an evaluation tool by the Planning Board in
its site plan review processes. These guidelines and standards apply
to all projects in the O-T/LI Zoning District. Guidelines are not
mandatory, but explain the design objectives. Standards are mandatory
unless their strict application will result in undue hardship as determined
by the Planning Board.
(2)
Waivers. The Planning Board may waive one or
more of the standards of this article upon a showing by the applicant
that the strict application of the standard imposes an undue hardship
due to such factors as existing conditions, site topography or site
configuration. The Planning Board shall approve the minimum waiver
necessary. The applicant for any such waiver shall have the burden
of showing that the proposed waiver shall have a minimum negative
effect on aesthetics and compatibility with neighborhood character.
(3)
Facades and exterior walls.
(a)
Guideline.
[1]
Facades should be articulated to reduce the
massive scale and the uniform, impersonal appearances of large buildings
and provide visual interest that will be consistent with the Town's
identity, character and scale.
[2]
Buildings should have architectural features
and patterns that provide visual interest, at the scale of the pedestrian,
reduce massive aesthetic effects and recognize local character. The
elements in the following standard should be integral parts of the
building fabric and not superficially applied trim, graphics or paint.
(b)
Standard.
[1]
Facades greater than 100 feet in length, measured
horizontally, shall incorporate wall plane projections or recesses
having a depth of at least 3% of the length of the facade and extending
at least 20% of the length of the facade. No uninterrupted length
of any facade shall exceed 100 horizontal feet. (See Figure 4E.[2])
[2]
Editor's Note: Figure 4E is included at the end of this chapter.
[2]
Ground-floor facades that face public streets
shall have a combination of arcades, display windows, entry areas,
awnings or other such features along no less than 60% of their horizontal
length. (See Figure 4F.[3])
[3]
Editor's Note: Figure 4F is included at the end of this chapter.
[3]
Building facades shall include a repeating pattern
that shall include no less than two of the elements listed below.
At least one of these elements shall repeat horizontally. All elements
that repeat horizontally shall repeat at intervals of no more than
30 feet horizontally.
[4]
Building facades shall include an expression
of architectural or structural bay through a change in plane no less
than 12 inches in width, such as an offset, reveal or projecting rib.
(See Figure 4G.[4])
[4]
Editor's Note: Figure 4G is included at the end of this chapter.
(4)
Roofs.
(a)
Guidelines. Variations in roof lines should
be used to add interest to, and reduce the massive scale of, large
buildings.
(b)
Standard. Roofs shall have no fewer than two
of the following features:
[1]
Parapets concealing flat roofs and rooftop equipment
such as heating, ventilating and air-conditioning (HVAC) units from
public view. The average height of such parapets shall not exceed
15% of the height of the supporting wall, and such parapets shall
not at any point exceed 1/3 of the height of the supporting wall.
Such parapets shall feature three-dimensional cornice treatment.
[2]
Overhanging eaves, extending no less than three
feet past the supporting walls.
[3]
Sloping roofs that do not exceed the average
height of the supporting walls, with an average slope greater than
or equal to one foot of the vertical rise for every three feet of
horizontal run and less than or equal to one foot of vertical rise
for every one foot of horizontal run.
[4]
Three or more roof-slope planes.
(5)
Materials and colors.
(a)
Guideline. Exterior building materials and colors
comprise a significant part of the visual impact of a building. Therefore,
they should be aesthetically pleasing and compatible with traditional
materials and colors.
(b)
Standard.
[1]
Predominant front facade building materials shall be high-quality materials. Permitted materials are brick, wood, stone or tinted, textured, concrete masonry units, or a combination thereof. Use of materials listed in Subsection C(5)(b)[4] below shall be discouraged on the front building facade.
[2]
Facade colors shall be low-reflectance, subtle,
neutral or earth-tone colors. The use of high-intensity colors, metallic
colors, black or fluorescent colors is prohibited.
[3]
Building trim and accent areas may feature brighter
colors, including primary colors, but exposed neon tubing is not an
acceptable feature for building trim or accent areas.
[4]
Predominant exterior building materials shall
not include the following: smoothfaced, concrete block, tilt-up concrete
panels or prefabricated steel panels.
(6)
Entryways.
(a)
Guidelines. Entryway design elements and variations
should give orientation and aesthetically pleasing character to the
building.
(b)
Standard. Each principal building on a site
shall have clearly defined, highly visible customer entrances featuring
no fewer than three of the following elements:
[1]
Canopies or porticos.
[2]
Overhangs.
[3]
Recesses/projections.
[4]
Arcades.
[5]
Raised cornice parapets over the door.
[6]
Peaked-roof forms.
[7]
Arches.
[8]
Outdoor patios.
[9]
Display windows.
[10]
Architectural details, such as
tile work and moldings, which are integrated into the building structure
and design.
[11]
Integral planters or wing walls
that incorporate landscaped areas and/or places for sitting.
(7)
Back and side facades.
(a)
Guideline. All facades of a building which are
visible from adjoining properties, public streets and/or on-site roadways
should contribute to the pleasing scale features of the building and
encourage community integration by featuring characteristics similar
to the front facade.
(b)
Standard. All building facades which are visible from adjoining properties, public streets and/or on-site roadways shall comply with the requirements of § 220-32.6C(3) and (5).
(8)
Outdoor storage; trash collection; loading areas.
(a)
Guideline. Loading areas and outdoor storage
areas have visual and noise impacts on surrounding neighborhoods.
These areas, when visible from adjoining properties and/or public
streets, must be screened, recessed or enclosed. While screens and
recesses can effectively mitigate these impacts, the selection of
inappropriate screening materials can exacerbate the problem. Appropriate
locations for loading and outdoor storage areas include areas between
buildings, where more than one building is located on a site and such
buildings are not more than 40 feet apart, or on those sides of buildings
that do not have customer entrances.
(b)
Standard.
[1]
Areas for outdoor storage, trash collection or compaction, loading or other such uses shall not be located between the building and any public street or within 20 feet of any public sidewalk, on-site roadway or internal pedestrian way. These provisions shall not apply to individual outdoor trash receptacles and recyclable receptacles intended for use by pedestrians or visitors, as provided in § 220-48.23E.
[2]
Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash collection, trash compaction and other service functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties, public streets and on-site roadways. No attention shall be attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape. These provisions shall not apply to individual outdoor trash receptacles and recyclable receptacles intended for use by pedestrians or visitors, as provided in § 220-48.23E.
[3]
Nonenclosed areas for storage shall permanently
defined and screened with walls and/or fences that screen such areas
from public view. Materials, colors and design of screening walls,
fences or covers shall be compatible with those used as predominant
materials and colors on the building. If such areas are to be covered,
then the covering shall conform to those used as predominant materials
and colors on the building.
D.
Buffering, screening and open space. The overall intent
of this standard is to promote and achieve, where possible, a well-landscaped
site that takes into consideration the surroundings and the total
environment. Consideration shall be given to preservation of natural
and existing vegetation as well as new plantings throughout an entire
site. The Planning Board shall take into consideration the location
of the structures and parking areas and their proximity to adjacent
buildings and/or lots. Consideration shall be given to planting along
property lines, buffer areas and along the walls of the structure,
where possible, without impeding the operations of the facility. However,
if there is substantial natural vegetation on site that serves the
requirements, e.g., screening, aesthetics, etc., the Planning Board
shall not require additional plantings except where deficiencies shall
exist.
(1)
Other sections of this chapter notwithstanding,
where a lot adjoins a residential property, the lot shall contain
a buffer strip of 50 feet along the common boundary, landscaped and/or
fenced as approved by the Planning Board to effectively screen the
lot from the adjacent residence.
(2)
Screening, where required, shall be accomplished
by use of walls, fencing, plantings or a combination of these, with
all such enclosures being compatible in material, texture and color
with the principal buildings(s).
(3)
Open space shall be landscaped with grass, trees,
shrubs or other ground cover approved by the Planning Board with due
consideration of indigenous vegetation and the natural terrain.
(4)
Noise buffering shall be considered in the design
and installation of mechanical equipment. Mechanical equipment located
on roofs or on the ground shall be appropriately screened from adjacent
lots and the street so as to minimize visibility and noise.
(5)
Hike and bike paths shall be encouraged.
E.
Outdoor storage. With the exception of containers for domestic waste or limited storage associated with staging of the manufacturing process, outdoor storage is prohibited unless the Planning Board finds that it is warranted by circumstances. Where permitted, outdoor storage shall be fully screened and limited to the rear yard of the lot within the building setback lines. Domestic waste shall be placed in appropriately screened containers and disposed of in a timely manner. See the guidelines and standards in § 220-32.6C(8).
F.
Utilities. In general, all utilities, such as water,
sewer, gas, steam and electricity, shall be installed underground.
Any exception shall require specific approval of the Planning Board.
G.
Lighting. Pole- and building-mounted lighting shall be in accordance with Article VIIIB, Guidelines for Lighting of Outdoor Areas under Site Plan Review. The number of light standards and the intensity of light shall be adequate for public safety without glare to adjacent properties or streets. Light poles shall not exceed 30 feet in height.
H.
Parking/Driveways. Minimum required driveways and off-street parking areas: In addition to the requirements of §§ 220-19 and 220-20, the following shall apply. In all cases where there is a conflict, these standards shall take precedence over § 220-19 and 220-20 standards in the Office Technology/Light Industrial Zone.
(1)
Offices: one space per 200 square feet.
(2)
Manufacturing: one space per 300 square feet.
(3)
Distribution centers and storage facilities:
1 space per employee but not less than 5 spaces.
(4)
Parking areas shall be for the use of customers,
patrons, employers and employees only. Separate areas shall be provided
for parking of commercial vehicles and delivery.
(6)
Unless specific buffering is required, driveways
and parking lots shall be located no closer than five feet to any
building. Driveways and parking lots shall not be placed in required
side or rear yard setbacks. Driveways and parking lots shall be located
no closer than 10 feet to any front property line.
(7)
Parking lots are to be continuously screened
from view of the street, except at driveways, with compact hedging,
berming, decorative fencing, decorative masonry, or a combination
of these techniques as approved by the Planning Board.
(8)
Ingress/Egress. There shall not be more than
one curb cut per lot unless the Planning Board finds that traffic
safety will be improved with the addition of another curb cut.
(9)
No driveways or parking lots shall be permitted
in buffer strips.
I.
Signs. Signs serve not only a practical purpose but also help define the character and attractiveness of a development. The purpose of these standards is to promote signs which are visually compatible with their surroundings and which avoid inappropriate materials and design. At any time that there is a new sign or a modification or a replacement of an existing sign in the Office Technology/Light Industrial Zone, the following standards shall apply. These sign requirements shall be a supplement to those standards in § 220-22 and Schedule I standards in the Office Technology/Light Industrial Zone.[5]
[Amended 1-3-2017 by L.L.
No. 1-2017]
(1)
Address identification. In the interest of public safety, all
properties shall be assigned address identification numbers. All assigned
address identification numbers shall be installed as prescribed herein.
Numbers shall be affixed to the principal building in the vicinity
of the front door or entry. Numbers shall also be placed on the property
identification sign so as to be clearly visible at all times from
the public street in front of the building when traveling in either
direction. Numbers shall contrast with the surrounding surfaces and
be displayed in a size and color as approved by the Planning Board.
(2)
Facade sign. For each linear foot of building frontage, one
square foot of sign area shall be permitted. Such sign shall only
be attached to the building face and shall not protrude more than
one foot from the building face and shall be a single-face sign. Where
uses are joined by a common wall, such sign area shall not be combined
into a common sign area. Under no circumstances shall any one sign
exceed 50 square feet.
(3)
Property identification. One freestanding monument (ground)
sign is permitted per lot to be located near the entrance road or
driveway to the building to indicate address and business identification.
Such signs shall have a minimum setback of five feet from the front
or side property lines and shall be located in a manner that does
not interfere with required minimum sight distance at driveways or
intersections. Such signs shall have a maximum area of 20 square feet
and be no greater than eight feet in height above the finished grade.
Double-faced signs are permitted.
(5)
Direction identification. Signs used for directing of traffic
shall be of a size not to exceed three square feet and not to exceed
four feet in height above the existing grade of the street. Directional
signs shall be of materials compatible with other signs as approved
by the Planning Board. Directional signs may display business names
if approved by the Planning Board.
(6)
Lighting. Sign lighting should minimize glare and maintain the
aesthetic character of the area. Signs may be internally or externally
lit, and raised-lettering signs may be backlit.
(7)
Materials. Monument signs shall be constructed with materials
compatible to the area as approved by the Planning Board.
[5]
Editor's Note: Schedule I is included as an attachment to this chapter.
J.
Planning Board consideration. Each change of use in
any existing facility in the O-T/LI Zone shall require site plan approval
by the Planning Board in order to ensure that future uses are in keeping
with the purpose of this article. (If the use is within the same category
of uses, i.e., storage, from furniture to tools, no new site plan
approval is required. However, if the use involves a change from storage
to fabrication, then a new site plan approval is required.) In addition
to any other requirements of the Town Code or New York State law,
a site plan shall be provided to the Planning Board for review, outlining
any changes to the site plan necessitated by the change in use. The
Planning Board shall take into consideration current code requirements
in an effort to bring outdated site plans into conformance as reasonably
as possible.
[Added 1-3-2017 by L.L.
No. 1-2017; amended 9-22-2020 by L.L. No. 8-2020]
A.
Purpose and intent. The Town Board of the Town of Niskayuna has a
substantial and important interest in reducing the number of individuals
of all ages who use cigarettes and other tobacco products, e-cigarette
products, and marijuana products, with a particular interest in reducing
the illegal sale of said products to minors. The Town Board finds
that restricting the location of tobacco retailers in the Town is
necessary to protect the public health, safety, and welfare of the
community.
B.
Distance separation requirements. Tobacco retailers, e-cigarette retailers and marijuana retailers, as defined in § 220-4 of this chapter, shall not be located within 1,000 feet from the property lines of any Niskayuna Central School District school, nursery school, school of private instruction, or child day-care center.
