[Added 12-16-2008 by L.L. No. 9-2008[1]]
[1]
Editor's Note: This local law also repealed
former Article VIIIA, Town Center Overlay District and Highway Commercial
Standards, added 5-16-1995 by L.L. No. 7-1995, as amended.
A.
The purpose of the Town Center Overlay District is
to develop an identifiable center of the Town of Niskayuna with the
Town Hall and county branch library as its nucleus. Its intent is
to further define a sense of community and to promote a traditional
architectural and visual environment deemed important as part of the
Town's comprehensive planning process. A fully realized Town Center
concept will incorporate the elements of institutional, commercial,
vehicular, and pedestrian environments into an integrated commercial
and civic design, which reflects the community focus of the Town.
B.
The Town Center concept is implemented by use of an
overlay district, which imposes additional criteria on the underlying
zoning districts; the boundaries of the Town Center Overlay District
are shown on the Zoning Map of the Town of Niskayuna.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
C.
The purpose of the standards for the C-N Neighborhood
Commercial and C-H Highway Commercial Zoning Districts is to promote
revitalization, not to change it into a different place. The Town
of Niskayuna hopes to make the C-N and C-H Districts and their buildings
a better version of themselves, not to mimic malls, suburbs or even
other commercial districts.
In order to achieve the purposes above, the
following objectives shall be realized:
A.
Signs shall be of a scale, height, material and illumination
which reflect the traditional concepts being promoted in the Town
Center.
B.
The pedestrian environment in the Town Center is essential
for developing the sense of community desired by the Town. Amenities
shall be provided in the Town Center to promote pedestrian usage.
C.
In the Town Center Overlay District, the C-N and the
C-H Districts, vehicular circulation and parking should be accommodated
without impacting the pedestrian experience. Adequate measures shall
be provided to reduce vehicular/pedestrian circulation conflicts.
D.
The architectural character of new and renovated buildings
should be harmonious with the traditional architectural styles of
the Town Hall and County Library as focal points of the Town Center.
E.
The size and scale of buildings in the Town Center,
the C-N and the C-H Districts should be complementary to a pedestrian
environment. Buildings located near the perimeter of the Town Center,
the C-N and the C-H Districts should be designed to provide a harmonious
transition between the commercial development and its residential
neighbors.
F.
In the C-N and C-H Districts, the Town of Niskayuna
encourages renovations and improvements, which create a unique and
attractive image for each business while respecting the original design
parameters of its facade as well as those of its neighbors.
G.
In the C-N and C-H Districts, the Town of Niskayuna
values high design standards and creativity; it also encourages solutions
which achieve these goals affordably so that business and property
owners are benefited rather than burdened by the revitalization process.
In addition to the applicable regulations for the underlying zones contained elsewhere in this chapter, certain requirements shall apply to properties located within the Town Center Overlay District, the C-N Neighborhood Commercial and the C-H Highway Commercial Zoning Districts. All applications for new signs or modification or replacement of existing signs in the Town Center Overlay District shall be subject to the requirements of § 220-48.4 of this article. All applications for site plan review as specified in § 220-41 of this chapter shall be subject to § 220-48.5. For signs in the C-N District, go to § 220-22 and Schedule I-D; and for the C-H District, go to § 220-22 and Schedule I-E.[1] All applications for new building construction and building exterior renovations/modifications which require a building permit, with the exception of single-family dwellings and their accessory uses, shall be subject to § 220-48.7. Section 220-48.7D and E does not apply to the C-N Neighborhood Commercial and C-H Highway Commercial Zoning Districts.
[1]
Editor's Note: Schedules I-D and I-E are included
at the end of this chapter.
A.
Purpose. The purpose of these standards is to promote
signs which are visually compatible with their surroundings and which
avoid inappropriate materials and design.
B.
Applicability. At any time that there is a new sign or a modification or a replacement of an existing sign in the Town Center Overlay District, the following standards shall apply. These sign requirements shall be considered a supplement to those standards in § 220-22. In all cases where there is a conflict, these standards shall take precedence over § 220-22 standards in the Town Center Overlay District.
C.
Permitted signs. The following signs shall be permitted
in the Town Center Overlay District:
(1)
Freestanding monument (ground) signs limited
to only public or private place identification, further limited to
private sites of five or more acres. Freestanding signs shall not
be utilized for individual businesses.
(2)
Facade signs.
(3)
Directional signs.
(4)
Temporary signs.
(5)
Price and product signs for gasoline stations.
E.
Minimum performance criteria. The following performance
standards shall apply to signs in the Town Center Overlay District:
[Amended 10-22-2013 by L.L. No. 4-2013]
(1)
Materials.
(a)
Monument signs shall be constructed with materials compatible
with the main structure and shall be compatible with the area.
(b)
Facade signs shall be constructed with materials compatible
with the Town Center Overlay District. Uniform material shall be used
for signs on buildings that are connected by common walls, located
in a common plaza or otherwise associated as a single group.
(c)
Directional signs shall be of materials compatible with facade
signs.
(d)
Temporary signs may be of cloth or vinyl plastic.
(2)
Height. Freestanding monument signs as permitted in Subsection C(1) of this section shall be no greater than eight feet in height above the finished grade.
(3)
Size. Freestanding monument signs as permitted in Subsection C(1) of this section shall have a maximum area of 50 square feet per sign face for the primary sign and 24 square feet per sign face for any secondary signs. Double-faced signs are permitted. For all other signs, the size standards specified in § 220-22 and Schedule I-E[1] for the underlying zoning district shall apply.
[1]
Editor's Note: Schedule I-E is included at the end of this chapter.
(4)
Illumination. Sign lighting should minimize glare and maintain
the aesthetic character of the area. Therefore, signs may be internally
lit, backlit and externally lit.
(5)
Logo. In the event that a picture logo is displayed on a sign,
it shall be incorporated into the permitted sign area to comprise
not more that 30% of the sign area. All colors associated with a logo,
as defined in this chapter, may be permitted.
(6)
Colors. Except as provided in Subsection E(5) above, a maximum of three colors shall be utilized for a sign. Colors shall match or complement the predominant building color.
(7)
Lettering. A maximum of two lettering styles shall be permitted
on signs, except that all lettering associated with a logo, as defined
in this chapter, may be permitted.
(8)
Setbacks. Freestanding monument signs shall have a minimum setback
of 10 feet from the right-of-way line and 20 feet from the side property
line and shall be located in a manner that does not interfere with
required minimum sight distance at driveways or intersections.
(9)
Number of signs. A maximum of one facade sign per use is permitted, except that a use fronting on two streets may have one sign for each building front. A maximum of one freestanding monument sign as described in Subsection C(1) of this section is permitted per driveway, up to a maximum of three signs, except that for two or more signs, driveways must be separated by a minimum of 200 feet as measured center line to center line.
A.
Purpose. The purpose of these standards is to promote
the pedestrian environment in the Town Center Overlay District, the
C-N Neighborhood and the C-H Highway Commercial Zoning Districts through
the provision of appropriate amenities.
B.
Applicability. The standards in this section are applicable to all actions proposed within the Town Center Overlay District, the C-N Neighborhood Commercial and the C-H Highway Commercial Zoning Districts which are subject to site plan review as specified in § 220-41. In addition to the materials regularly submitted for site plan review, the following items shall be incorporated into plans and details for a project located in the Town Center Overlay District, the C-N Neighborhood Commercial and the C-H Highway Commercial Zoning Districts.
C.
Minimum performance criteria. The following minimum
performance criteria shall be utilized for site designs within the
Town Center Overlay District, the C-N Neighborhood Commercial and
the C-H Highway Commercial Zoning District. The Planning Board is
authorized to consider variations in the criteria to allow for flexible
design concept.
(1)
Sidewalks.
(a)
Sidewalks shall be constructed in accordance
with the sidewalk plan and section detail contained in Figure 4B of
this chapter.[1]
[1]
Editor's Note: Figure 4B is included at the end of this chapter.
(b)
Sidewalks to be dedicated to the Town for public
access shall be contained within appropriate rights-of-way. They shall
be concrete and a minimum of five feet in width.
(c)
Sidewalks outside the public right-of-way shall
be privately owned and maintained. They may be comprised of concrete,
pavers, or other materials acceptable to the Planning Board. They
shall be a minimum of four feet in width.
(2)
Bikeways. Where a bikeway is required, it shall
be designed in general accord with the Guide for Development of New
Bicycle Facilities, published by the American Association of State
Highway and Transportation Officials (AASHTO), most recent edition,
and with the Town of Niskayuna bike path standards.
(3)
Lighting. In general, lighting shall follow
the Planning Board and Zoning Commission of the Town of Niskayuna,
Guidelines for Lighting of Outdoor Areas Under Site Plan Review. At
the discretion of the Planning Board, architectural lighting for roadways,
walkways, and areas of congregation may depart from details of the
guidelines.
(a)
Architectural lighting should enhance the Town
Center Overlay District concept and the C-H Highway Commercial District
without introducing excessive glare on, off or above the site.
[Amended 10-22-2013 by L.L. No. 4-2013]
(b)
Architectural lighting shall be similar in style
and shall meet the specification requirements as shown in the Composite
Street Amenities Exhibits contained in Figure 4A and the Lighting
Detail contained in Figure 4C[2] of this chapter. In general, pole-mounted architectural
lighting shall not exceed a pole height of 18 feet from the finished
grade.
[Amended 10-22-2013 by L.L. No. 4-2013]
[2]
Editor's Note: Figures 4A and $c are included at the end of
this chapter.
(c)
Pole-mounted lighting in accordance with Planning
Board guidelines shall not exceed a pole height of 22 feet from finished
grade.
(d)
Light sources for all lighting shall be metal
halide.
(4)
Amenities. Amenities shall be required and included
on the landscape plan to be reviewed by the Planning Board as part
of site plan review. The plan shall include, but not be limited to,
benches, bike racks, trash receptacles, and recyclable receptacles.
These amenities are to be provided on the private portion of the site
plan and will be privately owned and maintained. Amenities are shown
separately and on the Composite Street Amenities Exhibits detail contained
in Figure 4A of this chapter.[3]
[3]
Editor's Note: Figure 4A is included as an attachment to this chapter.
(5)
Parking. Parking shall comply with the standards established in § 220-19 of this chapter. Off-street parking should be designed to minimize traffic and utilize space through combined access. Screening shall be applied in the parking lot design along parcel boundaries in order to maintain an aesthetic quality. Acceptable screening materials include fencing, berming, and vegetation. Setbacks and signage for parking areas shall follow existing zoning regulations.
(6)
Landscaping. Landscaping shall be included on each site in order
to maintain an aesthetic quality in the Town Center, C-N and the C-H
Districts, and to provide screening for parking, loading, and storage
areas. Landscaping internal to the parking area as well as adjacent
to it at property lines shall be considered in the overall parking
lot design. Conceptual techniques are illustrated in the landscaping
detail contained in Figure 4D of this chapter.[4] Plant materials shall be selected with respect to scale and allotted amount of space. In addition, although plant materials may be listed under one category, they may also meet the requirements of another, depending on usage. Plantings shall only include those on a Master Plant List to be established, and revised from time to time, by resolution of the Town Board upon the advice of the Town of Niskayuna's Tree Council (See Chapter 201.)
[Amended 3-22-2016 by L.L. No. 1-2016]
[4]
Editor's Note: Figure 4D is included as an attachment to this chapter.
A.
Transmittal of application to the Planning Board. As provided in § 220-67F(3) of this chapter, the Zoning Enforcement Officer shall transmit one copy of the application for a zoning and building permit and all related material to the Planning Board as required by § 220-41.
B.
C.
Modifications and waivers. The Planning Board may
waive one or more of the specific requirements of this article upon
a showing by the applicant that the regulation 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 to allow the application to be approved. The applicant for
any such waiver shall have the burden of showing that the proposed
project with such waiver shall have a minimum negative effect on aesthetics
and compatibility with neighborhood character.
A.
Purpose. The purpose of these standards is to achieve
an integrated commercial design that provides an architectural and
visual environment consistent with the Town Center concept and promotes
revitalization of businesses in the C-N and C-H Districts.
B.
Applicability. With the exception of single-family
dwellings and their accessory uses, this section is applicable to
all new building construction and building exterior renovations/modifications
which require a building permit.
C.
Minimum performance criteria. In order to determine
that new building construction or building exterior modifications
contribute to a harmonious effect in the Town Center Overlay District,
the C-N and the C-H Districts and promote a cohesive architectural
appearance, based on color, materials and style, the following minimum
performance criteria shall apply:
(1)
Colors. Colors utilized for building exteriors
shall be compatible and shall visually reflect the traditional concept
of the Town Center, the C-N and the C-H Districts' efforts to revitalize.
Examples of incompatible colors include metallics, neons, and/or primary
colors.
(2)
Materials. Traditional materials (masonry, wood
and stone) are generally required in the Town Center, the C-N and
the C-H Districts, however, contemporary materials (glass, steel,
concrete and plastic/vinyl siding) may be considered if they are treated
in a manner complementary to the traditional concept of the Town Center,
C-N and the C-H Districts' architectural theme. Examples of incompatible
materials include exposed concrete block, metal siding, and reflective
glass.
(3)
Mechanical equipment. Mechanical equipment shall be screened with appropriate architectural treatments consistent with the materials listed in Subsection C(2) above.
(4)
Architectural features and details.
(a)
Exterior facades, including eaves, columns,
pilasters, cornices, windows (and window surrounds), door balusters,
canopies, fascias and roofs, shall be proportionate with the building
and consistent with the Town Center concept. The scale of new construction,
including the arrangement of windows, doors and other openings within
the building facade, shall be compatible with surrounding buildings
in the Town Center Overlay District, the C-N and the C-H Highway Commercial
Zoning Districts.
(b)
Compatible finishes and colors shall relate to the Town Center concept as identified in Subsection C(1) above. Inappropriate contemporary materials which are deemed not to be consistent with or not to blend well with the traditional context of the Town Center concept are prohibited on building facades [see Subsection C(2) above]. To the extent practicable, accessory structures shall conform to the finishes and colors established for the principal building.[1]
[1]
Editor's Note: Former Subsection D, Architectural Review Board
(not applicable to the C-N and C-H Districts), and Subsection E, Application
procedures (not applicable to the C-N and C-H Districts), which immediately
followed this subsection, were repealed 10-22-2013 by L.L. No. 4-2013.