Colonie City Zoning Code
§ 242-4
Conservation-Residential District.
A.
Legislative intent. The purpose of this section is to promote and protect the public health, comfort, welfare and general prosperity and the environment of the Village by regulations which will encourage preservation of open space and habitats for native fauna and flora in an area of environmental sensitivity which is in or close to the Pine Bush and is traversed by the Patroon Creek.
B.
In the Conservation-Residential District, no building or premises shall be used and no building or structure or any part of either shall be erected or altered which is arranged, intended or designed, in whole or in part, for any purpose except the following uses:
C.
Development and use regulations.
(1)
Applicable to all uses:
(a)
Front, side and rear yards or setbacks shall be measured from the edge of the Patroon Creek drainageway as defined in Chapter 237, Watercourses, of this Code.
(b)
Land within the boundaries of the Patroon Creek drainageway may be counted towards any minimum lot requirement or towards meeting any density or coverage standard.
(c)
All applications must be accompanied by a full environmental assessment form or a draft environmental impact statement.
(2)
Applicable to a single-family dwelling or a two-family dwelling on a lot of at least one acre:
(a)
All applicable requirements of the Residential A District, other than the minimum lot size, shall govern.
(3)
Applicable to uses requiring a special permit:
(a)
Any application for a special permit for a specific building or use shall be accompanied by a development plan covering all of the land owned by the applicant.
(c)
Conservation area. No less than 50% of the land shall be left in its natural state as a conservation area. The minimum dimension of this conservation area shall be 125 feet. The conservation area shall be chosen so as to preserve areas of special ecological significance or with unusual amenities. Before construction begins on the rest of the site, the conservation area shall be protected by a temporary fence, and no traffic, materials storage or disturbance of the land shall be permitted therein. The area of the Patroon Creek drainageway may be counted as part of the conservation area. The application for a special permit shall include a management plan for the conservation area, which, as approved, shall become part of the conditions of the special permit.
(d)
Coverage with impervious surfaces. In connection with any uses other than residences, no more than 12.5% of the site may be covered with impervious surfaces such as roofs, driveways, sidewalks or tennis courts. The remainder of the site outside the conservation area shall be suitably landscaped.
(e)
Maximum dimensions of buildings. The maximum height of any building shall be three stories or 35 feet, whichever is less. The maximum horizontal dimension of any building shall be 175 feet, except for a row of single-family attached residences which shall not either exceed 150 feet in length or contain more than four single-family units.
(f)
Distances from lot lines. No building shall be placed closer than 10 feet to any side lot line or 25 feet to any street line or rear lot line or 25 feet from the boundary of the Patroon Creek drainageway easement. Two buildings on the same lot shall be separated by at least 20 feet if placed side by side or by at least 50 feet if placed one behind the other. Side lot line and side-by-side separation requirements shall apply only to the end units of a row of single-family attached dwellings. All the above distances shall be increased by five feet for each story in excess of one of any building. Where streets or individual lots have not been laid out, the applicant may designate the directions from the building from which to measure front or rear lot line clearances.
(g)
Off-street parking.
[1]
Off-street parking shall be provided as follows:
Use | Minimum Required Parking |
|---|---|
Single-family dwelling | 2 spaces per dwelling unit |
2-family dwelling | 2 spaces per dwelling unit |
Church | 1 space per 4 seats |
Public library, public park or nature preserve | As determined by the Board of Trustees |
Conference center | 1 space per 1.5 seats in all meeting rooms with fixed seats; otherwise, 1 space per 200 square feet of floor area |
Research library or research facility | As determined by the Planning Commission |
[2]
All parking areas shall be at least 10 feet from any lot line. Where a parking area is within 50 feet of the boundary of a Residential A District or an equivalent district in an adjoining municipality, it shall be screened by a wall, solid wooden fence or chain link fence with compact evergreen plant material or landscaped strip with bushes and trees forming a visual screen at least six feet high.
(h)
The standards established in § 242-9B(1) and (2)(a) shall apply. In addition, the applicant shall furnish information concerning expected evening or nighttime activities. The Planning Commission may impose reasonable regulations on hours of operations in order to promote the general welfare and objectives of this § 242-4 or of § 242-12.
(i)
Accessory uses shall be as regulated in the Residential A District. Additional accessory uses may be authorized as part of the special permit procedure, provided that they are clearly subordinate to and are customarily carried on in connection with the use in question.
(k)
Future subdivisions. A lot for which a special permit for the construction of single-family attached dwellings has been granted may be subdivided, provided that:
[1]
All conditions of the special permit have been satisfied and will continue to be satisfied.
[2]
Arrangements have been made for maintenance and liability insurance covering common areas and structures, including conservation areas, which are satisfactory to the Planning Commission.
[4]
If a proposed subdivision meets the conditions in Subsection C(3)(k)[1] through [3] above, the minimum lot size and lot frontage requirements may be waived.