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Colonie City Zoning Code

§ 242-6

Residential B District.

A. 
In the Residential B District, no building or premises shall be used and no building, 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:
(1) 
All uses specified and as regulated in § 242-5, subject to all restrictions, regulations, requirements and procedures as specified in said section.
(2) 
Multifamily housing as hereinafter specified:
(a) 
No multifamily building shall be more than 45 feet in height or contain more than three stories; no multifamily building shall contain more than eight dwelling units.
(b) 
Occupancy. No more than zero percent 0% to 25% of the dwelling units may be planned for an average occupancy rate of 2.5 persons per unit, with a minimum of 900 square feet per dwelling unit. Zero percent 0% to 25% of the dwelling units may be planned for an average occupancy rate of 2.0 persons per unit, with a minimum of 750 square feet per dwelling unit. Zero percent 0% to 100% of the dwelling units may be planned for an average occupancy rate of 1.5 persons per unit, with a minimum of 600 square feet per dwelling unit.
(c) 
Units per acre. Any development shall be limited to not more than five units per acre of buildable lot area, where "buildable lot area" is defined as the total lot area of the development less the area of any land designated as a Class I Wetland by the New York State Department of Environmental Conservation (NYSDEC) and less the area of any land to be permanently ceded to any governmental agency.
(d) 
Clustering. Buildings containing dwelling units and accessory buildings may be located anywhere within the buildable lot area as long as they meet building spacing and other requirements of this Code or the project's site plan approval. No portion of the lot covered by an approved site plan shall be sold or otherwise detached from said lot, and any approved site plan for development in a Residential B District shall be filed in the office of the County Clerk with a notation showing the prohibition against sale or detachment of any portion of the lot. However, a portion of the lot may be sold or detached after a revised site plan has been approved, provided that all lots so created meet all requirements of this Code.
(e) 
Parking shall be provided as follows:
[1] 
For dwelling units of 900 or more square feet, at least three parking spaces.
[2] 
For dwelling units of 899 square feet or less, at least two parking spaces.
(f) 
Fire lanes. The distance between buildings shall be deemed as fire lanes, and a fire lane shall be 25 feet wide, plus five feet for each floor of adjoining buildings.
(g) 
Sidewalks. All roadways shall have adjoining but separate sidewalks, a minimum of five feet wide, continuous along their entire length along the side of the roadway fronting buildings and parking spaces. Suitable crosswalks shall be provided where appropriate.
(h) 
Land use ratio. In no case shall the portion of any site actually developed exceed 0.5 of the total area in the tract, including parking and roadways. All remaining land shall be developed for park-type use by the occupants.
(i) 
Subdivision regulations. All multifamily housing developments shall be subject to all the requirements of Chapter 199, Subdivision of Land, and Chapter 79, Building Construction and Fire Prevention, of the Code of the Village of Colonie.
(j) 
Before the Planning Commission may approve a multifamily housing project, it shall make a finding that a proper case may exist for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village in the same manner and according to the same standard as such Commission would make for subdivisions. Accordingly, the Commission may require payment of monies in lieu of parklands in an amount fixed in § A246-15C(4).
[Added 7-27-2009 by L.L. No. 4-2009]
(3) 
Attached single-family dwellings.
(a) 
The requirements of § 242-6A(2)(c), (d), (g) and (h) shall apply.
(b) 
No row of single-family attached dwellings shall contain more than six units or have a maximum horizontal dimension of more than 150 feet.
(c) 
No single-family attached dwelling shall contain more than three bedrooms; any room above the ground floor, except a bathroom, whether finished or not, shall be considered a bedroom.
(d) 
No single-family attached dwelling shall be more than two stories high.
(e) 
At least two off-street parking spaces shall be provided for each single-family attached residence.
(f) 
The sale of individual units or conversion to condominiums shall only be permitted in accordance with a subdivision plan approved by the Planning Commission and filed with the office of the Albany County Clerk. The subdivision plan shall only be approved if:
[1] 
The ends of each row of single-family detached units will be at least 10 feet, plus five feet for each story of building from the side lot lines.
[2] 
No single-family attached unit nor any parcel to be conveyed separately shall be less than 20 feet wide.
[3] 
Covenants and easements satisfactory to the Planning Commission have been executed which will ensure maintenance and insurance coverage for all common areas and provide access to front and rear doors and parking areas or garages to all occupants and their visitors.
B. 
Signs shall conform to the regulations in Chapter 181, Signs, of this Code.
C. 
No multifamily dwelling or appurtenant structure shall be erected within 200 feet of any property line of a Residential A District.