Colonie City Zoning Code
§ 242-10
Commercial D District.
[Amended 10-7-2024 by L.L. No. 4-2024]
A.
Permitted uses.
(1)
In the Commercial D District, no building or premises, or any part thereof, shall be used and no building or structure or any addition thereto shall be erected which is arranged, intended or designed, in whole or in part, for any purpose except the following uses:
(a)
Wholesale uses, warehouses and storage facilities.
(b)
Business and professional uses, including administration, scientific establishments, research and development, training and financial, legal and similar occupations, excluding the use in any form of hazardous or toxic substances, without specific approval.
(c)
Distribution facilities, theaters (excluding open-air) and equipment repair and sales.
(d)
Light industrial uses, as defined.
(e)
Accessory uses, except those defined as residential uses, including accessory retail uses, provided that they are conducted as a clearly subordinate part of a permitted principal use.
(2)
Uses in the Commercial D District may require special permits in accordance with the provision of § 242-12. A special permit may also be required for any expansion, change of use, use of hazardous or toxic materials or change of ownership.
(3)
Uses defined as heavy industrial in this chapter shall not be permitted in the Commercial D District.
B.
Performance standards.
(1)
Legislative intent.
(a)
The purpose of the performance standards set out in Subsection B(2) is to promote and protect the public health, comfort, welfare and general prosperity and the environment of the Village. These standards are intended, among other things, to prevent:
[1]
The creation or emission of offensive or objectionable noise, odor, vibration or glare noticeable at or beyond the property line.
[2]
Any activity or use creating a physical hazard by reason of fire, explosion, radiation or similar damage to persons or property in the same or any nearby district.
[3]
The discharge of any liquid or solid materials or waste, resulting from any activity, into any stream or body of water or any public or private disposal system or into the ground that may cause contamination of any water.
[4]
The storage of any material, either indoors or outdoors, in such a manner that it facilitates the breeding of vermin, destroys the natural environment or endangers health in any way.
[5]
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property.
(b)
The Planning Commission shall interpret the level or degree which determines an item to be offensive, objectionable or hazardous (and like matters). It shall be guided by appropriate state and federal standards but shall not be restricted by the same. It may base its interpretation on more stringent requirements as it may deem necessary or desirable to promote the health, safety and general welfare of the Village.
(2)
Performance standards.
(a)
General standards. The following general standards are hereby adopted for the control of all permitted uses in the Commercial D District. Any use shall not be permitted, established, maintained or conducted therein which shall cause or result in:
[1]
Excessive smoke, fumes, odor, dust or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. Smoke is excessive when the shade or appearance of such smoke is darker than No. 2 on the Ringelmann Smoke Chart published by the United States Bureau of Mines.
[2]
Noise louder than the ambient noise level at any lot boundary of the lot occupied by such use causing the same. In no case shall the noise level exceed 65 dBA between the hours of 7:00 a.m. and 9:00 p.m. or 50 dBA between the hours of 9:00 p.m. and 7:00 a.m. as measured from any property in a residential district. Noise generated by any motor vehicle or other movable source shall be considered a noise generated by a use on the lot, as long as the source of noise is located on the lot occupied by the use in question.
[3]
Pollution resulting from the discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
[4]
Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except as in accordance with such rules and regulations of the public health authorities of the public body controlling such sewerage system. All chemical or industrial waste which will place undue loads on a disposal system, as determined by the Village Engineer or the Albany County Department of Health or the New York State Department of Environmental Conservation, shall not be discharged into any municipal system and must be treated by the user.
[5]
Storage or stocking of any waste materials whatsoever except in a completely enclosed building. Such materials must be stored in a container system approved by the New York State Department of Environmental Conservation or other state or federal agency exercising jurisdiction.
[6]
Glare or vibration perceptible beyond the lot lines whereon such use is conducted.
[7]
Hazard to person or property by reason of fire, explosion, radiation or similar harm.
[8]
Any other nuisance harmful to persons or property or the environment.
(b)
Specific standards. The following specific standards are hereby adopted and must be complied with for and by any use in the Commercial D District and before the same is permitted, established, maintained or conducted:
[1]
Storage facilities. Materials, supplies, equipment, components and related items or semifinished products shall be stored on the rear 1/2 of the property and shall be screened from any existing or proposed street and surrounding properties.
[2]
Loading docks. Loading docks shall not be located on any street frontage. Provisions for handling of all freight shall be on those sides of any building which do not face any street or proposed street. All loading docks shall be so situated that a truck, when loading or unloading, does not extend into the front yard setback.
[3]
Landscaping. All areas of the plot not occupied by building, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.
[4]
Fences and walls. For property that is adjacent to a residential district, there shall be provided along such property lines a chain link fence, solid masonry wall or a fence with slats six to eight feet high, depending on topography as determined by the Planning Commission. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall or by a chain link fence covered with evergreen vine, a fence with wood slats or a compact evergreen hedge. Where a front yard adjoins a street separating an industrial district from a residential district, the wall, fence or hedge shall be located no closer to the street than the the depth of the required buffer zone.
[5]
Off-street parking.
[a]
Minimum required off-street parking shall be as follows:
Use | Minimum Required Parking |
|---|---|
Business and professional offices | 1 space per 200 square feet of floor area |
Public utilities | As determined by the Planning Commission |
Laundry and dry-cleaning establishments | 1 space per 400 square feet of floor area or 4 employees, whichever is greater |
Research facilities | 1 space per 225 square feet of floor area |
Printing or publishing | 1 space per 400 square feet of floor area |
Wholesale facilities | 1 space per 400 square feet of floor area |
Storage facilities | 1 space per 2,000 square feet of storage area or 4 employees, whichever is greater |
Distribution facilities | 1 space per 1,000 square feet of floor area or 4 employees, whichever is greater |
Warehouses | 1 space per 1,000 square feet of floor area or 4 employees, whichever is greater |
Light industrial | 1 space per 400 square feet of floor area |
Accessory retail uses | 1 space per 100 square feet of floor area of that part of the use intended to be devoted to accessory retail sales |
[b]
The Planning Commission shall, as part of its review, analyze the proposed parking for each project in accordance with the minimum required, and, where the amount of parking is determined by the Planning Commission to be inadequate, said Commission shall have the authority to increase the required minimum. For purposes of this section, "floor area" shall be defined as usable floor area for the use identified.
[7]
Buffer strip. A buffer strip shall be established on any land zoned Commercial D where it adjoins any Residential A or Conservation-Residential District. Existing trees, shrubs, brushes, etc., within the designated buffer strip shall not be removed without approval of the Village Planning Commission. Said buffer strip shall be at least 100 feet wide and suitably landscaped, as determined by the Village Planning Commission. Where the Planning Commission finds existing natural growth inadequate, it shall order additional planting to produce a dense, permanent screen. Where appropriate, because of topography, the Planning Commission may require a berm. The required buffer strip shall be permitted to be part of the green space as required in Subsection C(3)(e) in an amount not to exceed 50% of the required green space. Prior to construction of any improvements and prior to distributing the ground, said buffer area will be identified on the ground with a permanent marker, and a temporary fence will be erected separating said buffer area from the remainder of the parcel. No construction material shall be placed in said buffer. No storage of any material shall be permitted in said buffer. The buffer strip shall be in addition to any required fences or walls.
[8]
Utilities. Proper and adequate water supply, sewerage and waste disposal, other utility services and accessibility to and from public streets must be provided.
[9]
Circulation. Special consideration will be given to the traffic expected to be generated by each proposed use in the Commercial D District. Each application for a special permit shall be accompanied by traffic data showing estimated average twenty-four-hour morning peak hour and afternoon peak hour movements in and out of the site and an estimate of movements between the hours of 9:00 p.m. and 7:00 a.m. Traffic access to lots in the Commercial D District shall only be from streets or portions of streets which are adjoined on both sides by land zoned in a commercial district or a commercial or industrial district in an adjacent municipality or Lincoln Avenue between the Conrail line and the Guilderland town line or from Jupiter Lane. Direct or indirect connections to residential streets are prohibited. For purposes of this subsection, residential streets include but are not limited to Broderick Street, Broderick Road, Vic's Court, Breeman Street, Allyson Court, Kenjack Terrace, Dauphin Drive, Ridge Terrace and Omah Terrace.
[10]
Streets. All streets within the Commercial D District shall conform to standards set forth in the Village Code and the New York State Department of Transportation Road Standards. The Planning Commission may permit the location of a street crossing within the required buffer strip where, after review of the existing and proposed circulation pattern, it is determined that it is the only viable location. Where a street crossing is permitted within the buffer, said portion of the buffer strip containing the street shall not be counted as a green space in accordance with Subsection C(3)(e). No crossing of the buffer strip to effect a connection with a residential street shall be permitted.
[11]
Construction of any new building(s) or structure(s) or alteration thereto shall not be commenced without first meeting the requirements for a system or facility for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the Village, the Albany County Department of Health, the New York State Department of Health, the New York State Department of Environmental Conservation (NYSDEC) and other governmental authorities. Any waterborne sewage shall be disposed of in accordance with the Albany County Department of Health and the New York State Department regulations.
C.
Supplemental regulations.
(1)
Site work. Grading, clearing of land, excavation, filling and similar work on a building project shall not be permitted until:
(2)
Hazardous and toxic materials.
(a)
The manufacture, use, storage or other related activities of materials defined as hazardous and/or toxic by the United States government and/or New York State is prohibited. The use of any toxic of hazardous material as part of a manufacturing or testing process shall be permitted only after complete disclosure by the user of the process, anticipated usage, all products and by-products, anticipated amount and type of wastes to be produced, method of disposal and approval by the Planning Commission as part of the special permit approval process.
(b)
All materials, processes and practices which are exempt under Section 1910.1200(b), Subsections 3, 4 and 6(ii), (iii), (iv), (v), (vi) and (viii), Federal Code of Rules and Regulations (United States Department of Labor, Hazard Communication), shall be exempt from the provisions of this Subsection C(2).
(3)
Density provisions.
(a)
Building height: maximum two stories or 35 feet, whichever is less, above finished grade.
(d)
Building coverage, maximum: 25% of the site.
(e)
Green space containing no structure, parking areas, pavement, etc.: minimum 25%. Fifty percent of the buffer strip required in Subsection (2)(b)[7] may be counted towards this requirement.
(f)
Spacing: where two or more buildings are sited on the same parcel, they will be no closer than 50 feet apart.
(g)
Minimum lot size: one acre.
(4)
Existing residential lots. Any single-family residence on a lot shown on the Tax Map on the effective date of this chapter may be expanded, altered, demolished and/or rebuilt or converted to a two-family residence, provided that the proposed construction meets all the requirements in force for Residential A Districts at the time the application for such construction or conversion is made.
(5)
Other.
(a)
Outdoor speakers and/or communication systems are strictly prohibited.
(b)
Exterior lighting shall be installed so as to illuminate the property on which it is located only. Where this is not possible, screening and/or shielding will be used, and said devices will be as approved by the Village Planning Commission.
D.
Administration.
(1)
For a schedule of fees and reimbursement of costs and expenses incurred during reviews, see Chapter A246 and § 242-12D.
(2)
Costs of public improvements, including but not limited to roads, water, sanitary sewer, drainage and related work, shall be the responsibility of the owner, developer and/or his representative where said improvements are necessary for the proposed development.
(3)
The owner/developer or his representative shall be required to post, before site plan approval, a performance bond, an irrevocable letter of credit or cash in escrow in a form satisfactory to the Village Attorney and in an amount estimated by the Planning Commission to cover 100% of the estimated cost of:
(a)
Completing, in accordance with approved plans, all public improvements [see Subsection D(2) above] so that they are installed in accordance with Village, state and federal regulations.
(b)
The cost of grading and of seeding areas disturbed during construction.
(c)
Fees or costs incurred by the Village for inspection and other services during construction.
(4)
The owner/developer shall carry liability insurance in form and amount satisfactory to the Village Attorney to cover any claims arising out of damage to any public or private property during construction or costs and expenses to the Village arising from nonconformance with or violations of any Village laws, ordinances, rules or regulations to the extent this is not covered by the surety in Subsection D(3) above. Such insurance shall name the Village as first-loss payee.
E.
Because of the environmental sensitivity of the land in the Commercial D District, all applications for special permits in the district shall be accompanied, at least, by a full environmental assessment form.