Colonie City Zoning Code
§ 242-9
Commercial B District.
A.
In the Commercial B District, no building or premises, or any part thereof, shall be used and no building or structure or any part of either shall be erected which is arranged, intended or designed, in whole or in part, for any purpose or use except the following:
(2)
The following uses shall be permitted, provided that they are carried on in a completely enclosed building:
(a)
Retail.
(b)
Professional, personal, business and financial service; repair of appliances, machinery or other small goods.
(c)
Restaurant and food service establishment.
(d)
Entertainment establishment, such as theater or nightclub.
(e)
Printing.
(g)
In connection with any of the above uses, drive-in windows or similar facilities may be established.
(3)
Sale and service of motor vehicles, mobile homes, recreational vehicles or boats, provided that all service or repair takes place in a completely enclosed building.
(4)
Gasoline stations subject to the approval of a special permit by the Planning Commission and the conditions below:
(a)
No gasoline station shall be established within 1,000 feet on the same side of the highway of any other gasoline station or of the site for which a permit to establish a gasoline station has been granted.
(b)
The site has a minimum street frontage of 200 feet and a minimum depth of 200 feet; odd-shaped sites with at least 200 feet of frontage and 40,000 square feet of lot area may be considered.
(c)
The Planning Commission finds that the site plan, location of buildings, pumps, curb cuts, underground storage tanks and other appurtenances as well as the amount of fuel to be stored and the arrangements for its filling and dispensing are designed to avoid or mitigate any potential adverse effects on the public health, safety, comfort, convenience, general welfare, environment, stability of property values and aesthetics of the Village or its inhabitants, and for this purpose the Planning Commission may impose conditions more restrictive than specified elsewhere in this Code.
(d)
An attendant is present on the premises whenever fuel or other petroleum products are dispensed.
(e)
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 site plan approval.
(5)
Motels, hotels, tourist homes, hospitals or convalescent homes.
(6)
Greenhouse, private garages, utility substations and warehouses. No articles or their containers, warehoused or stored, shall be permitted to remain in the open and visible from any street.
(8)
Adult entertainment uses such as an adult bookstore, adult entertainment cabaret, adult massage establishment, adult motel, adult peep show, or adult theater subject to all the regulations and restrictions as specified in § 242-8A(8) above.
[Added 5-27-1997 by L.L. No. 2-1997; amended 9-22-1997 by L.L. No. 6-1997]
B.
In connection with an authorized use, there may be displayed on such business locations advertising signs relating to items sold or services performed on the premises, subject to the limitations and regulations of Chapter 181, Signs.
C.
Off-street parking.
(1)
Adequate space shall be provided on every site in the Commercial A District for the parking or garaging of all motor vehicles used in connection with or attached to the site. No building permit shall be issued for any commercial construction unless the Planning Commission has approved the provisions made for parking in this Code, which are intended to protect property values, create a more attractive business and economic climate and enhance and protect the physical appearance of the Commercial B Zone and conformity.
(2)
For every building erected, altered or changed in use, there shall be provided off-street parking spaces at least as set forth below:
(a)
Office: one parking space, plus one additional space for every 200 square feet of floor area.
(b)
Hotel, motel, tourist home and boardinghouse: one parking space for each three employees, plus one additional space for every guest room.
(c)
Retail and business services: one parking space for every motor vehicle used directly in the business, which shall be estimated by the developer, plus one additional space for every 150 square feet of floor area.
(d)
Barbers and beauty shops: one parking space per employee, plus three additional spaces per work station.
(e)
Restaurant not serving any alcoholic beverages: one parking space for every 2 1/2 seats, plus one parking space for every 1 1/2 employees in the maximum shift.
(f)
Restaurants serving alcoholic beverages, bars and similar drinking establishments and nightclubs: as required in Commercial A, § 242-8C(2)(f).
(g)
Medical services: one parking space for every 150 square feet of floor area.
(h)
Unspecified uses: one parking space for each 100 square feet of floor area, unless the Planning Commission determines that a different ratio is appropriate for the specific use(s) being applied for on the basis of recent studies or other evidence the Planning Commission deems locally applicable.
(i)
Combined uses [buildings containing two or more use classifications as defined by Subsection C(2)(a) through (h)]: parking requirements determined on the basis of the percentage of floor area per classification of total floor area plus the sum of mandated spaces. The Planning Commission may reduce this requirement by not more than 50% of the lesser (or least) number of spaces if it finds that one of the uses will generate parking demand only at times when the other use(s) will generate no, or minimal, parking.
D.
Height, yard, density, green space requirements.
(1)
No structure or building shall exceed 80 feet or six stories in height.
(2)
Front, side and rear yards. The following minimum yards shall be provided on each lot, and no building, structure or addition thereto shall encroach into any required yard:
(a)
Front yard: 25 feet.
(b)
Side yard, interior lot: 10 feet on each side, but a total of 25 feet for both sides.
(c)
Side yard, corner lot: 25 feet adjoining any street line.
(e)
If a building or structure exceeds two stories or 25 feet in height, each of the minimum yards specified in Subsection D(2)(a) through (d) above will be increased by 10 feet for each additional story or each additional 10 feet in height by which the building exceeds two stories or 25 feet, respectively, whichever will result in the greater yard.
(3)
Coverage. The total building area of buildings on the lot (including accessory buildings, garages or sheds) shall not exceed 50% of the lot area.
(4)
Green space. No less than 20% of the lot area shall be devoted to green space, of which no less than 50% shall be located in the front yard.
(5)
No structure in the Commercial B District facing on Wolf Road or Sand Creek Road shall be closer than 50 feet to the street line.
E.
Noise.
(1)
Noise level generated by any nonresidential use shall not exceed 65 dBA between 7:00 a.m. and 9:00 p.m. or 50 dBA at all other times as measured from the lot line of any residential lot or the boundary of any residential zoning district.
(2)
Outdoor speakers and/or communication systems are prohibited.