Ballston Town City Zoning Code
ARTICLE IX
Business District and Rural Highway Transition District
§ 138-28 Uses permitted.
All uses permitted and all uses requiring a site plan review and/or special use permit are listed on the Tables of Uses, Area, Frontage and Setback Requirements for the Business District and the Rural Highway Transition District located at the end of this chapter (Business District in Attachment 8 and Rural Highway Transition District in Attachment 9).
§ 138-29 Area requirements.
All area requirements for each use are so indicated on the Tables of Uses, Area, Frontage and Setback Requirements for the Business District and the Rural Highway Transition District located at the end of this chapter (Attachments 8 and 9).
§ 138-30 Purpose and intent.
A.
Business District (B). This district is created to provide for commercial uses that traditionally are located along highway corridors and which require a larger flow of traffic and ease of access while at the same time requiring new development and redevelopment to conform to design standards that will effectively manage access points along Route 50 for safety and function and that will maintain community character. Given the lack of depth of this district from Route 50, building size and site features should remain relatively small in scale. This location has been identified in the Comprehensive Plan as being suitable for higher level commercial growth and provision of water and sewer infrastructure. Density bonuses as per Article XXXIV can be applied in this district to further those purposes.
B.
Rural Highway Transition District (RHT). This district is created to provide for low-density rural residential development, smaller scale commercial uses, and agriculture-related businesses having layout and design consistent with the rural landscape in this area, as envisioned in the Town of Ballston Comprehensive Plan. This location has been in identified in the Comprehensive Plan as not suitable for high intensity or large-scale uses and generally, not for provision of water and sewer infrastructure. Density bonuses as per Article XXXIV shall not be permitted to be applied in this district so as to restrict the size and intensity of uses to further those purposes.
§ 138-31 Design standards.
A.
Purposes and intent. See § 138-17A.
B.
General design standards. See § 138-17B.
C.
General design standards when more than one principal building proposed. See § 138-17C.
D.
Specific design standards for Business District and Rural Highway Transition District.
(1)
Unless otherwise stated, the following design standards are mandatory for new buildings and structures. Each applicant for new land use and development shall comply with the required standards to the maximum extent practicable 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.
(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. Where site conditions warrant, variations to such orientation are subject to Planning Board approval.
[2]
On NYS Route 50 and secondary roads (roads not NYS Route 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]
On interior access 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.
[4]
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.
(b)
Side yard setback.
[1]
A minimum ten-foot side yard setback is required in all in Business and Rural Highway Transition Districts.
(c)
Minimum frontage build out.
[1]
For buildings fronting interior access roads, a minimum frontage build out of 60% is recommended to create a near continuous facade along the sidewalk and screen rear parking areas.
(3)
Street organization, on-street parking and restrictions.
(a)
New roads.
[1]
New secondary or internal access roads are strongly encouraged where appropriate to link adjacent buildings and parking areas. When practical, they shall create or continue an interconnected network of streets laid out in walkable blocks. Culs-de-sac and dead end-streets are prohibited, except where topography or natural features make these necessary.
[2]
Well-defined ADA-compliant crosswalks, small turning radii at intersections and other traffic calming elements shall be incorporated.
(b)
On-street parking:
[1]
On-street parking is strongly encouraged on internal and secondary roads where appropriate with bulb-outs of the sidewalk at the end of each block to allow for easy pedestrian crossings. 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 50.
(4)
Off-street parking.
(a)
Location:
[1]
Rear of building is recommended if site conditions allow.
[2]
Side of building, if additional parking is necessary.
[3]
If at side of building: minimum five-foot landscape buffer between parking area and edge of the sidewalk.
[4]
If additional parking is required or if site conditions prevent rear and side parking, a maximum of one bay of parking shall be permitted in the front of the building with a maximum of nine spaces. Subject to Planning Board approval, a double row of parking may be allowable in the front of the building and shall not exceed a maximum of 18 spaces. All parking lots shall be ADA-compliant.
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[5]
Landscape materials: trees, hedges, shrubs or low walls of brick, wood, wrought iron, or an acceptable substitute.
[6]
Shared access points are required to reduce curb cuts, where appropriate.
[7]
Cross-easements shall be used to where practical to formalize shared access arrangements between business sites.
[8]
Peak period (spillover) parking areas with alternate pervious paving materials are strongly encouraged and could include grass pavers and gravel surfaces.
[9]
Structured parking with active uses at street level is encouraged.
[10]
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 planted.
[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)
A 35% green space percentage is required. Green space shall be organized in a meaningful and useful manner as one or more pocket parks, squares or community greens.
(6)
Screening and buffers.
(a)
Refer to § 138-144 for screening and buffering requirements.
(b)
Landscape screening and buffers shall be 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 specimen 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)
Height.
[1]
Pedestrian scale and area lighting shall be required.
[2]
Pedestrian lighting shall be twelve-foot maximum height.
[3]
Area lighting shall be 18 feet or two feet lower than building height, whichever is less.
(b)
Lighting type.
[1]
Approved lighting shall be LEDs. LED lights should not be bright white or daylight color.
(c)
Footcandles.
[1]
Light source (i.e., bulb) shall not be visible from any angle.
[2]
Fixtures shall be designed to shield glare from adjacent streets, properties and sky.
[3]
No lights shall produce glare so as to cause illumination beyond the boundaries of the property.
[4]
Flashing or intrinsically bright sources of illumination shall be prohibited.
(8)
Public spaces.
(a)
Sidewalk material.
[1]
Constructed of concrete; brick, concrete or stone pavers; or stone slabs.
(b)
Sidewalk width and location.
[1]
Sidewalks shall be a minimum of four feet wide with a 2% maximum side-slope gradient.
[2]
Sidewalks that are connecting to residential districts 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 shall continue uninterrupted as a means of alerting pedestrians and drivers where their paths cross. Where enhanced paver is used, the pattern generally abuts asphalt. In these cases, a band of concrete shall be added as a protective edging between the asphalt and the decorative paving.
[2]
New sidewalks shall connect to adjacent properties.
[3]
Bollards may be introduced at sidewalk road crossings.
(d)
Sidewalk landscaping.
[1]
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.
[2]
A minimum four-foot-wide planting strip between the curb and sidewalk shall be required and street trees shall be planted in the planting strip.
[3]
One large deciduous tree for each 35 feet of linear road frontage (minimum). The street trees should generally be evenly spaced to create or maintain a rhythm/pattern.
[4]
Tree species shall be native species and may include, but are not limited to, ash, elm, maple, oak, or other shade trees as approved by the Planning Board.
(9)
Sidewalk retail only in the Business District.
(a)
Sidewalk retail uses are strongly encouraged.
(b)
Merchandise shall be removed at the close of business.
(c)
No retail activity 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.
(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. Plaza usually provides 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]
Building should be permitted to be set back a maximum of 10 feet from the required build-to line (when appropriate).
[b]
Sidewalk cafes should be temporary structures and dismantled during winter months.
[c]
Structures should be consistent with existing state regulation for safety.
[d]
No cafe shall obstruct the safe passage of pedestrians on sidewalks and a minimum five-foot wide unobstructed path shall be maintained at all times on sidewalks.
[e]
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.
[f]
In no case should the fence/railing combination prohibit views from the sidewalk into the cafe area.
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(11)
Signage.
(a)
See § 138-82D for specific sign requirements for the Business District and Rural Highway Transition District.
(b)
See Article XVI for additional sign regulations.
(c)
See § 138-31D(18) for signs designed on an awning and canopy.
(12)
Utilities.
(a)
All utilities should be placed underground.
(13)
Proportion and maximum building footprint.
(a)
Multiple-story buildings are strongly encouraged.
(b)
Maximum two functional stories. Coordination with local fire departments is required to ensure proper fire protection services are available for multistory buildings.
(c)
Maximum height shall be 40 feet.
(d)
Maximum building footprint for the Business District: maximum 5,000 square foot building footprint (up to 15,000 square feet with incentive as per Article XXXIV).
(e)
Maximum building footprint for the Rural Highway Transition District: Maximum 5,000 square foot building footprint (no incentive may be applied in the RHT District).
(f)
First story height should be a minimum of 12 feet measured floor to floor.
(g)
Multiple buildings can be constructed on the same lot with a zero side-yard setback (i.e., shared wall) with common access occurring on the second floor.
(14)
Roof.
(a)
Prohibited:
[1]
Gambrel or mansard roofs.
(b)
Allowed:
[1]
Pitched, hip (gable), flat roofs.
[2]
All permitted roofs shall incorporate a parapet with cornice details along facades facing public streets.
[3]
Plain parapets discouraged.
(c)
Pitched roofs.
[1]
Should complement the overall style of the building.
[2]
Materials should not be reflective.
[3]
Colors should complement the overall character of the building.
[4]
Should incorporate measures to prevent falling snow and ice onto the sidewalk.
(15)
Facade treatment and fenestration.
(a)
Overall facade composition should break the building down into smaller distinct portions to provide a small-scale impression related to the pedestrian.
(b)
Building transparency and interior lighting is important at the street level; consequently, ground floor level should have a minimum 50% to 75% glass surface that is oriented vertically.
(c)
Floor to ceiling windows are strongly discouraged.
(d)
Upper floor windows should relate to the first in shape, form, and pattern.
(e)
Upper floor windows should make up at least 30% of the facade.
(f)
Storefront construction should be recessed enough at the point of entry to allow the door to swing out without obstructing the sidewalk.
(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)
Specialty equipment.
(a)
Rooftop mechanical equipment, satellite dishes, antennas, etc.:
[1]
Should be screened 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:
[1]
Shall be screened from public view with landscaping materials, natural material walls and opaque fencing, or other design treatments compatible with the finishes of the principal structure.
(17)
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]
Siding of high-quality recycled product simulating a natural material.
[6]
Cement fiber board.
[7]
Metal siding.
(b)
Prohibited materials:
[1]
Plain (bare) masonry units.
[2]
Vinyl that is installed in flat sheets or other means that result in a smooth finish that is not clapboard in appearance.
[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.
(d)
Building colors:
[1]
Colors should be chosen from a commercial paint distributor's historic color palate and shall be submitted for review by the Planning Board. Fluorescent colors are prohibited.
(18)
Awnings and canopies.
(a)
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 below.
[4]
Retractable awnings are permitted.
§ 138-32 Review processes, maximum building size requirements, and density bonuses.
For purposes of this article, the term "site" means the total area to be used for development of a project, including, but not limited to, buildings, parking areas, stormwater detention or drainage areas and other project features. A site may encompass an entire parcel or a portion of a parcel. Generally, the review requirements can be summarized as follows:
A.
Business District.
(1)
The Table of Uses, Area, Frontage and Setback Requirements (Attachment 8) for the Business District details whether a use is permitted or requires site plan review and/or a special use permit. All special use permit procedures shall also include a site plan review carried out concurrently.
(2)
The maximum building footprint allowed in the Business District shall be 5,000 square feet. If the applicant participates in the Town of Ballston Purchase of Development Rights (PDR) and the Green Energy Incentive Program, a building footprint size bonus up to a maximum of 15,000 square feet may be applied pursuant to Article XXVIV.
B.
Rural Highway Transition District.
(1)
The Table of Uses, Area, Frontage and Setback Requirements for the Rural Highway Transition District (Attachment 9) details whether a use is permitted or requires site plan review or a special use permit. All special use permit procedures shall also include a site plan review carried out concurrently.
(2)
The maximum building footprint allowed in the Rural Highway Transition District shall be 5,000 square feet. No building footprint size bonus may be applied pursuant to Article XXVIV.