Town of Niskayuna, NY
Tuesday, October 23, 2018

Chapter 220. Zoning

Article V. Supplementary Regulations

§ 220-21. Landscaping and screening.

Enclosed uses. Any enclosed use required by this chapter to be landscaped in accordance with this section may be required to provide fencing, screening and/or landscaping sufficient to obscure such uses from view from abutting properties lying in R Districts or from public rights-of-way.
Unenclosed uses. Any use which is not conducted within a completely enclosed building, including but not limited to junkyards, storage yards, lumber and building-materials yards, parking and loading areas and which is in, abuts or is adjacent to a residential district or fronts on a public right-of-way shall be obscured from view from such residential districts and public rights-of-way in an effective manner, which shall include, but not be limited to, landscaping and screening, including the installation of berms and/or plantings. This section shall also apply to nurseries and the display for sales purposes of new or used cars, trucks, trailers, bicycles, motorcycles or farm equipment where such uses abut a residential district, but not when such uses abut a public right-of-way.
[Amended 8-17-1999 by L.L. No. 12-1999]
Trash collection and compaction. No areas or facilities for trash collection or trash compaction shall be located within 20 feet of any public street, public sidewalk, on-site roadway or internal pedestrianway. Trash-collection and trash-compaction facilities 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 of adjacent properties, public streets, public sidewalks, on-site roadways or internal pedestrianways. No attention shall be attracted to these service facilities 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.
[Added 8-17-1999 by L.L. No. 12-1999[1]]
Editor's Note: This local law also redesignated former Subsection C, Maintenance, as Subsection D.
Maintenance. Any fencing or landscaping installed in accordance with this section and the provisions of Articles V and VI shall be maintained in good order to achieve the objectives of this section, including replacement of dead or diseased plants used in screening and/or landscaping.
Waivers. The Planning Board may waive one or more of the specific requirements of this section upon a showing by the applicant that the regulations impose an undue hardship on the site or will result in a threat to public health or safety.
[Added 10-3-2000 by L.L. No. 6-2000]