Ballston Town City Zoning Code
ARTICLE VI
Mixed Use Route 50/67 and Ballston Lake and Burnt Hill Commercial District Regulations
§ 138-12 Uses permitted.
All uses permitted and all uses requiring site plan approval or a special use permit are listed on the Tables of Uses, Area, Frontage and Setback Requirements for the Mixed Use Districts (Rt 50/67 in Attachment 3, and Ballston Lake in Attachment 5), and the Burnt Hills Commercial District (in Attachment 4) located at the end of this chapter.[1]
A.
For these districts, more than one principal use and/or structure is allowed on any one lot or parcel. Further, where residential uses are also allowed in the district, a mix of commercial and residential uses may be located within a structure, including, but not limited to, commercial on ground floor and residential above.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
§ 138-13 Area requirements.
Area requirements for each use are indicated on the Tables of Uses, Area, Frontage and Setback Requirements located at the end of this chapter and as set forth in this article.[1]
[1]
Editor's Note: Said tables are included as attachments to this chapter.
§ 138-14 Purpose and intent.
The Comprehensive Plan provides, in detail, the land use policies and goals behind the establishment of these districts. These are established for the purpose of maintaining a commercial and social core for the Town that also emphasizes small-town feel. This requires balancing of a variety of uses having a scale and design so that the various uses can both coexist but complement each other to create a vital and active community of shopping, service, and opportunities. It is the intent of these Districts to encourage growth and development but with a scale and design that maintains the character of the Town, is pedestrian friendly, calms traffic, discourages large-scale development, and that promotes integration of land uses rather than separation. Since much of the Burnt Hills Commercial District has already been developed, it is necessary to keep the scale and density consistent with existing development patterns. Thus, future development in the Burnt Hills Commercial District will be restricted to smaller-scale buildings on a less-dense basis than what is encouraged in the Mixed Use Rt 50/67 District where is appropriate to have a higher density of development and more intensive uses. The Mixed Use and Burnt Hills Commercial Districts are identified in the Comprehensive Plan as being suitable for focusing future growth and water/sewer infrastructure.
§ 138-15 Review processes.
The Table of Uses, Area, Frontage and Setback Requirements identifies which uses are permitted by right, and those that require site plan approval, or a special use permit (Attachments 3, 4 and 5).[1]
A.
All specially permitted uses also require site plan review, which will be conducted by the Planning Board concurrently.
B.
Density and square footage bonuses may be used in both the Mixed Use Route 50/67 and Mixed Use Ballston Lake Districts. No density or square footage bonuses are allowed to be used in the Burnt Hills Commercial District. In the Mixed Use Route 50/67 and Ballston Lake Districts, the applicant must participate in the Town of Ballston Purchase of Development Rights (PDR) Program and Green Energy Incentive Program in order to receive a density bonus or building footprint size bonus pursuant to Article XXXIV for projects in the these districts.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
§ 138-16 Site restrictions.
Each site proposed for development must be able to accommodate all of the features of the project, including water and wastewater, the parking areas, stormwater retention or drainage areas, landscaping, buffers, sidewalks, design, green spaces, and other site features that may be applicable.
§ 138-17 Design standards for Mixed Use Route 50/67 and Ballston Lake Districts, and Burnt Hills Commercial District.
A.
Purposes and intent. The standards provide design criteria and suggest development approaches, which will help both the Town and applicants consider issues of site organization, site design, public spaces and architecture. The purposes are to:
(1)
Continue to attract appropriate development in order to expand the economic and fiscal base of the community in a manner that maintains the unique character of the Town with a high quality of life;
(2)
Encourage the highest quality of architectural and site design that is compatible with their surroundings;
(3)
Encourage buildings that provide an appropriate transition between the commercial areas of the Town and the surrounding neighborhoods and agricultural activities;
(4)
Encourage buildings that are protective of important natural and public spaces and resources and that avoid or minimize adverse impacts;
(5)
Establish a clear and consistent method for reviewing plans for new buildings and renovation or alteration of existing buildings and sites;
(6)
Reduce delays and confusion that developers, property owners, or business operators may encounter during the design phase of the proposed projects; and
(7)
Minimize land use conflicts.
B.
General design standards.
(1)
Encourage compatibility between residential and commercial uses where existing residential zones abut commercial zones or where residential uses are adjacent to commercial uses.
(2)
The variety of active uses should be complemented with facades that are "animated" along the pedestrian ways.
(3)
Create a network and continuity of active spaces, including sidewalks, and avoid disconnected spaces.
(4)
Design rooftops for visual interest and avoid a lack of design attention.
(5)
Achieve compatible building styles and designs and avoid incompatible elements.
(6)
Provide upgraded streetscapes, including appropriate unified site furniture to encourage pedestrian activity, avoiding dull/bleak streetscapes that discourage walking.
(7)
Incorporate street trees and pedestrian-scale lighting (in addition to vehicles area lighting) to enhance the area.
(8)
Provide pedestrian crosswalks to enhance connections across streets.
(9)
The design treatments for the area should be rich with detail and high-quality materials to promote interest for users and visitors.
C.
General design standards with more than one principal building proposed. When more than one principal building is proposed on any one site, the proposed development shall be guided by one of the three following development scenarios:
(1)
Main Street. This scenario consists of small footprint buildings lining NYS Route 50 or 67, with larger and additional smaller footprint buildings lining the internal access roads, parking lots positioned behind the buildings, and one or more parallel access road linking to existing or providing for potential connections to future adjacent developments in a grid-like street pattern.
(2)
Town Center. The Town Center scenario is laid out with an internal access road anchored by larger footprint buildings and lined with smaller footprint buildings located at the interior of the site, thereby creating a center focal point. Parking lots are located behind and to the side of buildings, and are screened from main roads by the anchor buildings. Interconnections with adjoining parking lots and connections to existing or future parallel access roads are also required.
(3)
Town Green. This scenario provides a park-like area as a focal point with a similar building layout as the above two scenarios. It is not the intent of these regulations to force future developments to build out identical to the three scenarios. Rather, the objective of each scenario is to provide guidance for development to occur in a predictable pattern with an orderly arrangement of buildings, efficient networks of interior roads and sidewalks, and ultimately, walkable streetscapes and pedestrian friendly environments.
D.
Specific design standards.
(1)
Unless otherwise stated, the following design standards are mandatory for all new buildings and structures. Each applicant for new land use and development shall comply with the required standards to achieve the goals and specific recommendations as set forth in the Comprehensive Plan and in accordance with the purpose and intent of the regulations as set forth herein. Where the following standards are stated as not mandatory, compliance is strongly encouraged. The term "shall" is interpreted as mandatory. The term "should" or "may" is interpreted as optional. Upon written application setting forth the reasons why a waiver of any provision of this section is necessary or desirable, the Planning Board may entertain such application. If the Planning Board finds that, because of unusual circumstances of shape, topography or other physical features of the proposed site, extraordinary hardship would result from the strict compliance with this section, it may waive certain provisions of this section so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent or purpose of the other articles of this chapter or Chapter 104, Subdivision of Land. In permitting such a waiver, the Planning Board may require such conditions as will, in its sole discretion, substantially secure the objectives of the standard requirements so changed or modified.
(2)
Building placement.
(a)
Front yard setback.
[1]
Buildings must present their main facade and entrance toward the street. Buildings shall be oriented parallel or perpendicular to public sidewalks and allow for parking in the rear or side of the proposed structure.
[2]
On NYS Route 67 and 50, new buildings shall be positioned no less than 20 feet and no greater than 70 feet from the highway right-of-way, including provision for public plaza/entry plaza or outdoor use, outdoor restaurant or other associated activities.
[3]
An additional twelve-foot setback shall be considered at major road intersections and in areas identified by the Town Engineer to provide adequate room for necessary intersection improvements.
[4]
On NYS Route 146A and other secondary roads that are not NYS Route 50 or Route 67, setbacks of new buildings shall be proximal to adjoining structures. Variations within the confines of established setback standards are subject to Planning Board approval.
[5]
On internal roads (new ones are strongly encouraged to link adjacent buildings and parking areas), buildings shall not exceed a setback of 20 feet from the edge of pavement.
(b)
Side yard setback.
[1]
A minimum five-foot side yard setback is required.
(c)
Minimum frontage build out.
[1]
When practical, a minimum frontage build out of 70% is strongly recommended for purposes of creating a near continuous facade along the sidewalk and for screening rear parking areas.
(3)
Street organization, on-street parking and restrictions.
(a)
New roads:
[1]
New internal access roads shall be required for development involving more than one principal building on one parcel.
[2]
New internal access roads shall be required where appropriate and practical for new development involving only one principal building on one parcel.
[3]
Internal access roads shall create or continue an interconnected network of streets laid out in walkable blocks.
[4]
Culs-de-sac and dead-end streets are prohibited, except where topography or natural features make them necessary.
[5]
Well-defined ADA-compliant crosswalks, small turning radii at intersections and other traffic calming elements shall be incorporated. Vertical deflections, horizontal shifts, and roadway narrowings shall be used in new roadway design to slow traffic. They are intended to reduce speed and enhance the street environment for pedestrians. Vertical deflections change the height of the roadway that typically forces a motorist to slow down to maintain an acceptable level of comfort and includes but is not limited to speed humps and raised crosswalks. Horizontal deflections hinder the ability of motorists to drive in a straight path and thus reduces speed. These include, but are not limited to, chicane, realigned intersections, lateral shifts, and mini-roundabouts. Roadway narrowings also slow vehicle speeds and include but are not limited to corner extension/bulb-outs, chokers, median islands, and on-street parking.
(b)
On-street parking:
[1]
On-street parking is strongly encouraged on internal roads and secondary streets. Any on-street parking shall be reviewed by the Highway Superintendent to ensure there is adequate road and sidewalk maintenance.
[2]
On-street parking is not permitted on NYS Route 67 or 50.
(4)
Off-street parking.
(a)
Location:
[1]
There shall be one row of parking allowed in the front of a building with a maximum of nine spaces, with the remainder positioned to the side and rear of the building if on-site parking is provided. Subject to Planning Board approval, a double row of parking may be allowable and shall not exceed a maximum of 18 spaces. All other parking to the rear of the building is preferred, if on-site parking is provided. All parking lots shall be ADA compliant.
[2]
Parking on the side of a building is also promoted if additional parking is necessary.
[3]
If located at side of building, there shall be a minimum five-foot landscape buffer between parking area and edge of the sidewalk.
[4]
Landscape materials shall include trees, hedges, shrubs or low walls of brick, wood, wrought iron, or an acceptable substitute.
[5]
Shared access points are required to reduce curb cuts unless lot configuration or other site conditions make it not practical.
[6]
Cross easements shall be used where practical to formalize shared access arrangements between business sites.
[7]
Peak period (spillover) parking areas with alternate pervious paving materials are strongly encouraged and could include grass pavers and gravel surfaces.
[8]
Structured parking with active uses at street level is encouraged.
[9]
The sidewalk level facades of garages shall be designed to obscure the view of parked cars.
(b)
Parking area landscaping:
[1]
For parking areas greater than 18 stalls, a minimum of 5% of the interior area shall be landscaped.
[2]
No parking space shall be more than 75 feet from a large deciduous tree.
(c)
The following landscape sizes are required:
[1]
Canopy/deciduous trees: three-inch caliper.
[2]
Small flowering trees: two-inch caliper.
[3]
Large shrubs: thirty-inch height.
[4]
Trees shall be planted so that trunk is a minimum of 2.5 feet from curb edge.
(5)
Green space.
(a)
35% of the parcel(s) shall remain in green space. Green space shall be organized in a meaningful and useful manner as one or more pocket parks, squares, community greens, formal or informal gardens, passive parks, and may include seating, bike racks, lighting, and signage.
(6)
Screening and buffers.
(a)
Refer to § 138-144 for additional screening and buffering requirements.
(b)
Landscape screening and buffers shall be provided and designed to separate business/commercial and single-family residential land uses.
(c)
Adequacy, type, size, and arrangements of trees, shrubs, and other landscaping shall constitute a visual screen and/or buffer between the project site and adjoining land use properties, and shall include the maximum retention of desirable or specimens of existing vegetation. Parking, services, and loading/maneuvering areas shall be reasonably landscaped and screened from view of adjacent properties and from within the project site.
(7)
Site lighting.
(a)
Refer to Article XVIII for additional lighting requirements.
(b)
Height.
[1]
Pedestrian scale and area lighting shall be required.
[2]
Pedestrian lighting shall be a twelve-foot maximum height.
[3]
Area lighting shall be 18 feet or two feet lower than building height, whichever is less.
(c)
Lighting type.
[1]
Approved lighting bulbs shall be LEDs. LED lights should not be bright white or daylight color.
(d)
Footcandles.
[1]
Fixtures shall be designed to shield glare from adjacent streets, properties, and sky.
[2]
No lights shall produce glare so as to exceed 0.5 footcandle at boundaries of the property. Light shall not exceed two footcandles at the right-of-way line of a street.
(8)
Public spaces.
(a)
Sidewalks and sidewalk material.
[1]
All development within the Mixed Use Route 50/67, Mixed Use Ballston Lake, and Burnt Hills Commercial Districts shall provide for sidewalks along the road frontage and within the site. Sidewalks shall be constructed of concrete; brick, concrete or stone pavers; or stone slabs and shall have a side-slope gradient not exceeding 2%.
(b)
Sidewalk width and location.
[1]
There shall be a minimum four-foot width for sidewalks.
[2]
When sidewalks are connecting to those in residential districts, they shall be a minimum of five feet wide with a minimum four-foot planting strip between the curb and the sidewalk.
(c)
Sidewalk connections.
[1]
Where sidewalk crosses a parking lot access drive, the pedestrian paving pattern or striping shall continue uninterrupted as a means of alerting pedestrians and drivers where their paths cross. Where enhanced paver is used, the pattern generally shall abut the asphalt. In these cases, a concrete band shall be added as a protective edging between the asphalt and the decorative paving.
[2]
New sidewalks shall connect to adjacent properties.
[3]
Breakaway steel posts may be introduced at sidewalk road crossings.
(d)
Sidewalk landscaping.
[1]
When no planting strip is present, street trees shall be planted between the sidewalk and the building. All street tree planting in paved areas should be covered with a porous hard-surfaced grate. Trees should not be planted closer than seven feet to the building line. All planted street trees shall be native species. Tree species shall be native species and may include but not be limited to ash, elm, maple, oak, or other shade tree as approved by the Planning Board.
[2]
When a planting strip is present between the sidewalk and the curb, street trees shall be planted in the planting strip.
[3]
One large deciduous tree for each 35 feet of linear road frontage (minimum) shall be required. The street trees should generally be evenly spaced to create or maintain a rhythm/pattern and to create a streetscape where the mature trees will be dominant landscape features.
(9)
Sidewalk retail.
(a)
Sidewalk retail uses are strongly encouraged.
(b)
Merchandise from sidewalks shall be removed at the close of business.
(c)
No retail activity on the sidewalk shall obstruct the safe passage of pedestrians on sidewalks and there shall be a minimum four-foot-wide unobstructed path maintained at all times on sidewalks.
(10)
Public plazas and outdoor dining.
(a)
Plazas.
[1]
Definition. An open space that is continuously accessible to the public that may be landscaped or paved and is typically surrounded by buildings or streets and open to the sky. Plazas usually provide amenities such as seating, ornamental fountains, lighting, and landscaping for use by pedestrians.
[2]
The following should be included in public plaza and outdoor dining designs:
[a]
Incorporation of works of art into the public spaces, exterior facade or entrance lobbies is encouraged.
[b]
Area should be landscaped with trees, perennials, annuals, herbaceous shrubbery, ornamental lighting, and benches.
[c]
Area should be constructed on side of building that receives the most sunlight when possible.
[d]
Enhanced paving should be used to accent important "places" outdoors: at entrances as a "welcome mat" and in spaces where people congregate, pause or wait.
(b)
Outdoor dining.
[1]
Definition. A dining area of a designated size with seating and/or tables located outdoors of a restaurant, coffee shop, or other food service establishment, which is a) located entirely outside the walls of the subject building; b) enclosed on two sides or fewer by the walls of the building with or without a solid roof cover; or c) enclosed on three sides by the walls of the building without a solid roof cover. The seating may be in addition to the indoor seating or it may be the only seating available for the restaurant. The outdoor dining area must be visually and architecturally integrated pursuant to the design standards.
[2]
The following standards apply to outdoor dining:
[a]
Sidewalk cafes should be temporary structures and dismantled during winter months.
[b]
Structures should be consistent with existing state regulation for safety.
[c]
No cafe shall obstruct the safe passage of pedestrians on sidewalks and a minimum four-foot-wide unobstructed path shall be maintained at all times on sidewalks.
[d]
If at side of building, an edge matching the line of the building facade should be created, the edge should be made of transparent fence made of wood or wrought iron at a maximum height of four feet.
[e]
In no case should the fence/railing combination prohibit views from the sidewalk into the cafe area.
(11)
Signage in the Mixed Use Route 50/67, Mixed Use Ballston Lake, and Burnt Hills Commercial Districts.
(a)
See § 138-82E for specific sign requirements for the Route 50/67, Mixed Use Ballston Lake, and Burnt Hills Commercial Districts.
(b)
See Article XI for additional sign regulations.
(c)
See § 138-17D(16) for signs designed on an awning and canopy.
(12)
Utilities.
(a)
All utilities shall be placed underground.
(13)
Proportion.
(a)
Multiple-story buildings are strongly encouraged with a maximum of two stories in the Burnt Hills Commercial District and the Mixed Use Ballston Lake District, and a maximum of three stories in Mixed Use Route 50/67.
(b)
In the Mixed Use Route 50/67 District, a three-story structure shall be allowed only upon coordination with and approval of local fire departments to ensure that suitable fire protection can be provided for the proposed multistory buildings.
(c)
Maximum building height shall be 40 feet.
(d)
Maximum building footprint permitted are as follows:
[1]
Mixed Use Route 50/67: 10,000 square feet (up to 40,000 square feet with incentive as per Article XXXIV).
[2]
Burnt Hills Commercial: 15,000 square feet.
[3]
Mixed Use Ballston Lake: 2,000 square feet (up to 5,000 square feet with incentive as per Article XXXIV).
(e)
For every 300 linear feet of building, one of the following shall be provided:
[1]
A pedestrian pathway of no less than 30 feet in width for unobstructed pedestrian access. This pathway shall also provide for unobstructed views at grade level between each building and shall not be covered.
[2]
A private or public road of no less than 60 feet in width.
(f)
First story height should be a minimum of 12 feet measured floor to floor.
(14)
Roof.
(a)
Allowed:
[1]
Pitched:
[a]
Should complement the overall style of the building.
[b]
Materials should not be reflective.
[c]
Colors should complement the overall character of the building.
[d]
Should incorporate measures to prevent falling snow and ice onto sidewalk.
[2]
Hip/gable:
[a]
Shall incorporate a parapet with cornice details along facades facing public streets.
[3]
Flat roofs:
[a]
Shall incorporate a parapet with cornice details along facades facing public streets.
(15)
Facade treatment and fenestration.
(a)
Overall facade composition shall break the building down into smaller distinct portions to provide a small-scale impression related to the pedestrian.
(b)
An entrance and wall recess (a minimum of five feet in depth to allow the door to swing out without obstructing the sidewalk) shall be provided every 75 feet on each side of a building facing NYS Routes 67 or 50, or internal access roads.
(c)
Between each building entrance, one or more architectural elements shall be provided to further breakup the building facade.
(d)
Building transparency and interior lighting is important at the street level; consequently, ground floor levels facing NYS Routes 67 or 50, or internal access roads, shall have a minimum of 50% of transparent glass surface that is oriented vertically.
(e)
Upper floor windows should relate to the first in shape, form, and pattern.
(f)
Upper story (stories) shall have a minimum of 30% transparency.
(g)
Windows should not be mounted flush to the exterior of the facade.
(h)
The architectural treatment of the front building facade shall be continued in its major features, around all visible sides from the primary street.
(i)
Blank, windowless walls facing sidewalks, streets and other public places are prohibited.
(16)
Awnings and canopies.
(a)
Awnings and canopies are strongly encouraged on building facades that face public streets.
(b)
One awning sign shall be permitted for each window or door of the facade covered by the awning. Any sign (logo and/or lettering) on an awning shall not exceed 25% of the exterior surface of the awning, or 100 square feet per building facade, whichever is less.
(c)
Awnings to which signs may be attached must be fastened to the facade of the building and not supported from the ground; shall not extend more than seven feet from the facade; and no portion of the awning shall be nearer than seven feet from the ground.
(d)
All awning signs shall only identify the business establishment occupied by the facade on which the awning is located.
(e)
Awning materials.
[1]
Shall be constructed of canvas.
[2]
Internal lighting or backlighting is not permitted.
[3]
Color schemes shall be consistent with the colors outlined under materials and colors.
[4]
Retractable awnings are permitted.
(17)
Specialty equipment.
(a)
Rooftop mechanical equipment, satellite dishes, antennas, etc., shall be screened so as to not be visible from public view with the use of architecturally compatible materials, parapets, sloped roof form or walls that are at least as high as the equipment being screened.
(b)
Ground-level equipment such as dumpsters and loading docks shall be screened so as to not be visible from public view through the use of landscaping techniques, natural material walls and fencing, or other design treatments compatible with the finishes of the principal building.
(18)
Materials and color.
(a)
Permitted facade materials:
[1]
Common red brick.
[2]
Architectural masonry units (colored, textured, painted).
[3]
Natural stone, stone veneer, or cast stone.
[4]
Wood.
[5]
Hardie Board.
[6]
High-quality vinyl, subject to the submittal of a sample material which must be approved by the Planning Board.
[7]
Metal siding.
(b)
Prohibited materials:
[1]
Plain (bare) masonry units.
[2]
Plain vinyl.
[3]
Imitation stone, plastic, composite, or resin products.
(c)
Trim materials:
[1]
Finish-grade painted or stained wood.
[2]
Bare, lumber grade wood shall be prohibited.
[3]
Windows should have anodized aluminum or painted wood frame. Bare aluminum frames are prohibited.
(19)
Building colors.
(a)
Colors should be chosen from a commercial paint distributor's historic color pallet and shall be submitted for review by the Planning Board. Fluorescent colors are prohibited.