Colonie City Zoning Code
§ 242-5
Residential A District.
[1-13-2003 by L.L. No. 1-2003; 1-13-2003 by L.L. No. 2-2003; 6-17-2010 by L.L. No. 2-2010; 6-17-2010 by L.L. No. 3-2010; 7-21-2014 by L.L. No. 4-2014; 3-4-2024 by L.L. No. 1-2024]
A.
In the Residential A District, no building or premises shall be used and no building, structure or any part of either shall be erected which is arranged, intended or designed, in whole or in part, for any purpose, except the following uses:
(1)
One-family dwelling for use by one family.
(2)
Churches, schools or public libraries.
(3)
A farm, truck garden or nursery.
(5)
A noncommercial playground or park.
(7)
A home occupation in a one-family or two-family dwelling, subject to the provisions of Subsection H below.
(8)
Keeping of no more than two horses for recreational purposes on a lot of at least two acres where these horses are kept as an accessory use to a single-family dwelling.
C.
For each family residing on a lot, there shall be provided adequate space for the parking or garaging of at least two noncommercial motor vehicles; and in connection with an authorized use other than residential, which shall include home occupations, there shall be provided adequate parking facilities for all motor vehicles used in connection therewith or attached to said building or area as specified elsewhere in this chapter or, if not specified, as required by the Planning Commission. The parking, garaging or storing of industrial equipment or commercial vehicles, trailers or semi-trailers having a carrying capacity in excess of one ton or a gross weight in excess of three tons is expressly prohibited. Trucks with a carrying capacity of three tons or less, motor homes, recreational vehicles, utility vehicles, campers and similar vehicles and boats shall be stored in an enclosed building or on that part of the lot where an accessory garage would be permitted by code, or in an existing driveway so as not to impair ability to see oncoming traffic when exiting said driveway.
D.
No building shall be erected or altered for dwelling purposes to accommodate or make provision for more than one family for each 900 square feet of floor space finished for dwelling purposes, exclusive of cellar or basement, and every dwelling shall cover not less than 900 square feet of ground area.
E.
(Reserved)
F.
Two-family dwellings in a single building may be erected and one-family dwellings may be converted to two-family dwellings, provided that the Planning Commission grants a special permit for such a use. In order for the Planning Commission to grant such a special permit, the following conditions must be satisfied:
(1)
The lot must have a minimum lot area of 15,625 square feet, lot frontage of 125 feet and lot depth of 125 feet.
(2)
Each dwelling must have a minimum of 900 square feet of floor space finished for dwelling purposes, exclusive of basement, cellar, attic or garage.
(3)
The review of the application shall follow the same procedure as a site plan review, and the Planning Commission shall consider the same factors as for a site plan approval; in addition, the Planning Commission shall find that:
(a)
The design of the proposed building is such that it will be appropriate in size, scale and finish to the neighborhood.
(b)
There will be no adverse effects on traffic or on the character and property values of the neighborhood.
(c)
The proposed building conforms to all applicable provisions of the Code of the Village.
G.
Accessory apartment.
(1)
One apartment accessory to a single-family dwelling may be created and maintained on a lot, subject to approval of a special permit by the Planning Commission, provided that the Commission finds that:
(b)
The owner lives in the dwelling unit to which this apartment is accessory.
(c)
One additional parking space is provided on the lot, and all parking spaces are grouped together.
(d)
The lot has a minimum frontage of 75 feet and a depth of 100 feet.
(e)
The exterior design maintains the one-family character of the building (e.g., only one front door will face the street) and is compatible with the character of the neighborhood; if the accessory apartment is in an addition, the addition shall be compatible with the rest of the building in scale, finish and design elements visible from the street, such as windows.
(f)
The original building and any addition conform to the setback and coverage requirements of this Code.
(2)
The review of the application shall follow the same factors as a site plan review, and the Commission shall also consider the same factors as for a site plan approval.
H.
Home occupation.
(1)
A home occupation may be established and maintained in a one-family or two-family dwelling subject to approval of a special permit by the Planning Commission, provided that:
(a)
No person other than a resident of the dwelling unit is engaged or employed in the home occupation, and the number of residents employed in the home occupation shall not exceed two; except that in connection with a professional licensed by the State of New York, one person in addition to any resident(s) may be employed.
(b)
The home occupation occupies no larger area than 25% of the floor space of the principal dwelling used for human habitation.
(c)
There are no outside operations, storage or display of materials or products.
(d)
Total storage of materials or products used in the business shall not exceed 128 cubic feet.
(e)
No alteration of the residential appearance of the premises occurs, such as, but not limited to, creation of a separate entrance to the dwelling or utilization of an existing entrance exclusively for the home occupation, and there is no other visible evidence of the conduct of the home occupation other than one sign.
(f)
No vehicle with the name of the home occupation on it is parked so as to be visible from the public right-of-way.
(g)
No more than one vehicle is utilized in the home occupation, and no commercially licensed vehicle is utilized.
(h)
Visitors, customers or deliveries do not exceed those normally and reasonably occurring for a residence, including not more than two visitors attributable to the home occupation an hour and eight a day and not more than two deliveries of products or materials a week.
(i)
No mechanical equipment is utilized, except that which is necessarily, customarily or ordinarily used for household or leisure purposes, except equipment used by a licensed health professional.
(j)
No electrical equipment is utilized which produces visual or audible interference in any radio or television receiver or any communications equipment off the premises or which causes fluctuation in line voltage off the premises.
(k)
No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive or other restricted materials are used or stored on the site.
(l)
No equipment or process is used which creates noise, vibration, glare, fumes or odors perceptible to the normal senses off the lot.
(m)
Off-street parking for the home occupation is provided on the property, as specified by the Planning Commission, to avoid adverse impact on the neighborhood.
(n)
No article is sold or offered for sale or rent except as is incidental to the home occupation.
(o)
An approval for a home occupation is nontransferable; any change of home occupation requires a new application.
(p)
The Planning Commission finds that the residential character and appearance of the neighborhood will be preserved.
(2)
The review of the application shall follow the same procedure as a site plan review, and the Commission shall also consider the same factors as for a site plan approval.
I.
Lot size and width; proximity to lot lines; side line clearance; location of accessory garages and swimming pools; building heights; lot coverage.
(1)
Lot size.
(a)
No single-family building, structure or addition thereto shall be erected, constructed or placed upon any lot in the Residential A District unless such lot shall have a frontage of at least 75 feet and a depth of no less than 125 feet and shall contain no less than 9,375 square feet. In the event that it is impracticable to have a depth of 125 feet, the lot must, however, contain at least the minimum area above stated. This subsection shall not apply to any existing single lot located on a previously accepted Village street held as of June 11, 1957.
(b)
No other building, structure or addition thereto shall be erected, constructed or placed upon any lot in the Residential A District unless such lot shall have a frontage of at least 125 feet and a depth of no less than 125 feet and shall contain no less than 15,625 square feet. In the event that it is impracticable to have a depth of 125 feet, the lot must, however, contain at least a depth of 100 feet and no less than 12,500 square feet.
(2)
No building, structure or addition thereto or any portion thereof shall be erected, constructed or placed within 25 feet of any street line or within 25 feet of the rear lot line.
(4)
Side line clearance.
(a)
No single-family dwelling house or single-family dwelling containing an accessory apartment or any part thereof shall be erected, constructed, placed or located within 10 feet of the side lot line of the lot upon which it is placed nor within 25 feet of the side street line if the lot is a corner lot.
(b)
All other dwelling houses, buildings or structures permitted in the Residential A District, except detached accessory garages, shall be erected, constructed, placed or located at least a distance of 10 feet from the side lot line of the lot upon which it is placed, plus five feet for each floor of height, and not within 25 feet of the side street line if the lot is a corner lot.
(c)
An accessory unattached private garage or shed not over one story in height and not exceeding 576 square feet shall be permitted, provided that it is not nearer than five feet to any side or rear lot line [notwithstanding Subsection I(2) above]; and the front of the garage shall be not nearer to the street line than the rear line of the building or structure to which it pertains.
(d)
Swimming pools may not be located in a front yard; they may be located in a side or rear yard, provided that the outer edge of the pool deck is not closer than 10 feet from any lot line.
(e)
Portable basketball apparatus.
[1]
No portable basketball apparatus, hoop, pole, backboard or other attachment may be placed in or upon any public street or highway, or encroach upon any Village of Colonie right-of-way or public thoroughfare. In no event shall any such apparatus, hoop, pole, backboard or attachment be placed within 10 feet of any Village street line.
[2]
Any such basketball apparatus found to be in violation of this restriction may be removed by Village of Colonie personal, upon 10 days' written notice to the property owner.
[3]
In the event that the Village of Colonie shall determine a public hazard and a threat to public safety and motor vehicle traffic exists, the basketball apparatus may be removed immediately.
(5)
No dwelling house or other structure shall exceed 2 1/2 stories or 35 feet in height.
(6)
The total coverage of a lot by a building or buildings, together with all accessory buildings and structures, including garages, sheds, swimming pools or pool decks, shall not exceed 50%, and no building or accessory building shall be erected or altered if this construction or alteration would result in the total lot coverage to exceed 50%.