Colonie Town City Zoning Code
ARTICLE X
General Regulations
§ 190-47 Parking.
A.
Intent. It is the intent of the following parking regulations to ensure that there are adequate parking and loading facilities to serve the use or uses of the property; ensure that any parking facility is so designed to provide proper circulation, reduce hazards to pedestrians, and protect the users of adjoining properties from nuisance caused by the noise, fumes, and glare of headlights which may result from the operation of vehicles parking off the street; and reduce congestion in the streets and contribute to traffic safety.
B.
Minimum requirements. The following parking standards represent minimum requirements and may be altered as part of the approval of a site development plan:
(1)
All requirements based on square footage shall be for gross floor area, unless otherwise stated.
(2)
All requirements based on number of employees shall be for the maximum number of employees on the shift of greatest employment.
(3)
All requirements based on occupancy shall be determined by the New York State Uniform Fire Prevention and Building Code occupancy limits.
(4)
Facilities containing a mixture of the specific uses enumerated herein shall provide parking in proportion to the percentage of the facility devoted to each use.
C.
Existing structures. Any structure or land use lawfully in existence prior to the adoption of this chapter shall not be subject to the requirements of this subsection so long as the kind or extent of use is not changed, and provided further that any parking facilities now serving such structures shall not in the future be reduced below such requirements.
D.
Minimum off-street parking requirements.
(1)
Where no requirement is designated and the use is not comparable to any of the listed uses, parking requirements shall be determined by the Planning Board upon recommendation of the PEDD, based upon the capacity of the facility and its associated uses.
(2)
When a calculation yields a fractional number of required spaces, the number of spaces shall be rounded to the nearest whole number.
E.
Maximum allowable number of spaces.
(1)
The number of spaces provided for any particular use in ground surface lots, excluding designated handicapped parking spaces, shall not exceed the number of spaces required by this article by more than 25%.
[Amended 6-28-2007 by L.L. No. 10-2007]
(2)
Spaces provided within the building footprint of structures, such as in rooftop parking or below-grade parking, shall not count towards the maximum number of allowable spaces.
(3)
Spaces provided in multilevel parking above or below surface lots shall not count towards the maximum number of allowable spaces.
F.
Parking dimensional requirements. The dimension of a typical parking space under this section shall be nine feet by 18 feet, and the minimum driveway width shall be 24 feet. These standards may be modified as deemed necessary by the Planning Board to ensure adequate and convenient access and circulation.
G.
Parking setback requirements. No parking or loading area for any multifamily use or nonresidential use, except for driveway entrances and exits and drive-through lanes, shall be located nearer than 15 feet to the edge of the sidewalk or front lot line, whichever is closer, or 10 feet to any side or rear lot line. The Planning Board may waive the side or rear lot line setback requirements as necessary to accommodate shared parking facilities between adjacent lots or to ensure reasonable development of a site, provided that the intent of these regulations as stated above is met.
[Amended 6-28-2007 by L.L. No. 10-2007; 11-20-2014 by L.L. No. 14-2014]
H.
Joint use of facilities. Parking facilities required for two or more adjacent uses, structures or parcels of land may be satisfied by the same parking facilities used jointly, to the extent that it can be shown by the owners or operators that the parking demand for the facilities does not materially overlap, and provided that such right of joint use is evidenced by a deed, lease, contract, reciprocal easement or similar written instrument establishing a permanent or long-term agreement for the joint use. Any approval granted on the basis of a joint parking use agreement shall be valid only so long as the agreement remains in effect.
I.
Parking for disabled persons. Parking spaces for disabled persons shall comply with the current Americans with Disabilities Act or New York State Uniform Fire Prevention and Building Code standards, whichever are more stringent, and shall be at least eight feet wide and shall have an adjacent access aisle at least eight feet wide. Parking access aisles shall be part of the accessible route to the building or facility entrance. Accessible parking spaces shall be designated as reserved for the disabled as required by applicable law.
J.
Stacked parking restrictions. Parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without the moving of any other motor vehicle, except in the following instances:
(1)
Stacked or valet parking may be allowed at the discretion of the Planning Board if an attendant is present to move vehicles. If stacked parking is used for required parking spaces, a written guarantee must be filed with the Town ensuring that an attendant will always be present when the lot is in operation. The requirements for minimum or maximum spaces continue to apply for stacked parking.
(2)
Stacked parking is allowed for single-family detached dwelling units and two-family dwelling units.
K.
Parking chart. Parking shall be provided for the following uses in the following amounts:
Airport | 1 space per each 4 seating accommodations for waiting passengers, plus 1 space per each 2 employees on shift of greatest employment | |
Amusement use | 1 space per each 50 square feet of gross floor area | |
Bank | 1 space per 225 square feet of gross floor area | |
Bar | 1 space per 50 square feet of area open to the public plus 1 per employee | |
Bed-and-breakfast | 1 space per sleeping room, plus 2 for permanent residents. | |
Building supplies | 5 spaces per 1,000 square feet of gross floor area | |
Car wash | Self-serve: 4 stacking spaces for each washing stall; full-serve: 1 space per employee, maximum shift, plus 10 stacking spaces per bay | |
Cemetery | 1 space per full-time employee | |
Christmas tree sales | 1 space per 500 square feet of open sales/display area, plus one space per employee on shift of greatest employment. | |
Community care facility, adult | 1 space per 4 beds, plus 1 space per employee | |
Community center | 4 spaces per 1,000 square feet of gross floor area | |
Construction company | 1 space per facility vehicle, plus 1 per 1,000 square feet of gross floor area | |
Convenience store | 1 space for each 100 square feet of gross floor area, minimum 5 spaces | |
Convention and exhibit center | 1 space per guest room, plus 2/3 of the standard requirement for public assembly space, restaurant or bar | |
Correctional facility | 1 space per employee, plus 1 space per 25 inmates | |
Crematory | 1 space per 4 seats of chapel capacity, plus 1 space per employee | |
Cultural venue | 1 space per 2 seats or per 2 people at maximum occupancy. | |
Day-care center | 1 space per employee, plus 1 space per 20 children, plus loading | |
Drive-through use (fast food or restaurant) [Amended 6-28-2007 by L.L. No. 10-2007] | 2 stacking spaces per drive-through lane, plus 10 spaces | |
Drive-through use (other) [Amended 6-28-2007 by L.L. No. 10-2007] | 2 stacking spaces per drive-through lane, plus 3 spaces | |
Dwelling unit, accessory [Amended 6-28-2007 by L.L. No. 10-2007] | 2 spaces per dwelling unit | |
Dwelling unit, mixed-use [Amended 6-28-2007 by L.L. No. 10-2007] | 2 spaces per dwelling unit | |
Dwelling, multifamily | 2 spaces per dwelling unit | |
Dwelling, single-family | 2 spaces per dwelling unit | |
Dwelling, townhouse | 2 spaces per dwelling unit | |
Dwelling, two-family | 2 spaces per dwelling unit | |
Educational uses, younger than high school | 1 space per teacher and staff member, maximum shift, plus 1 space per classroom | |
Educational uses, high school or older | 1 space per teacher and staff member, maximum shift, plus 1 space per 4 students | |
Entertainment or retail, adult | 1 space per 200 square feet of gross floor area | |
Extended care facility | 1 space per three residents, plus 1 space per employee, maximum shift | |
Fast food establishment | 1 space per every 2 seats, plus 1 per employee maximum shift | |
Funeral home | 20 spaces per chapel or parlor room | |
Garden center | 1 space per 300 square feet of sales floor area, plus spaces for outdoor sales area as determined by the Planning Board | |
Gas station | 5 spaces per 1,000 square feet of gross floor area | |
Golf course | 6 spaces for each golf hole and 1 for each employee on shift of greatest employment | |
Health club | 1 space per 2 persons at maximum occupancy | |
Heavy equipment storage/sales/services | One space per 500 square feet of sales/rental floor area, plus one space per employee, maximum shift | |
Heavy industry | 1 space per employee, maximum shift | |
Home occupation, Level I | 1 space per employee, plus requirement for dwelling | |
Home occupation, Level II | 1 space per employee, plus requirement for dwelling | |
Hospital | 1 space per 2 beds, plus 1 space per employee, maximum shift | |
Hotel | 1 space per room, plus 1 space per employee (maximum shift) | |
Kennel | 1 space per employee, plus 1 space per 1,000 square feet of gross floor area | |
Library | 1 space per 250 square feet of gross floor area | |
Light industry | 1 space per employee | |
Manufactured home park | 2 spaces per dwelling unit | |
Marina | 1 space per slip, plus 1 per employee | |
Mini-warehouse/ self-storage facility | 1 space per 40 storage units, with a minimum of three spaces | |
Mining | 1 space per employee, maximum shift, plus 1 space per facility vehicle | |
Motor vehicle or boat storage yard | 1 space per employee | |
Motor vehicle sales and service | 3 spaces per service bay and 1 space per employee, one space per 500 square feet of retail sales area, plus any spaces required for inventory and display | |
Movie theater | 1 space per 4 seats | |
Nightclub | 1 space per 50 square feet of area open to the public | |
Office, general | 1 space per 225 square feet of gross floor area | |
Office, medical | 1 space per 175 square feet of gross floor area | |
Park | 2 spaces per acre | |
Place of worship [Amended 6-28-2007 by L.L. No. 10-2007] | 1 space per 2.5 seats, plus 1/2 of the standard requirement for accessory uses, including public assembly space, educational use, office, etc. | |
Private club | 1 space per 2 persons at maximum occupancy | |
Public assembly space | 1 space per 2 persons at maximum occupancy | |
Recreation facility | 1 space per 2 persons at maximum occupancy | |
Restaurant | 1 space per every 3 seats, plus 1 space per each employee, maximum shift | |
Retail business | 1 space per 200 square feet of gross floor area | |
Service business | 3 spaces per employee | |
Transfer station | 1 space per employee, maximum shift | |
Veterinarian | 1 space per 200 square feet of gross floor area | |
Warehouse storage/distribution | 1 space per 1.5 employees on shift of greatest employment |
L.
Waivers.
(1)
The total number of parking spaces required by this article may be reduced by the Planning Board to the extent that the applicant can demonstrate that the regulation is unnecessarily stringent for reasons such as:
(a)
Unique use times;
(b)
Shared or dual use;
(c)
Availability of regular public transit service within a distance of 500 feet; and/or
(d)
Participation in a transportation management association or adoption of a traffic and parking management plan for one or more uses, including methods to increase the use of public transit, car pool, van pool or non-auto modes of travel.
(2)
Waiver limits. A waiver authorized by the Planning Board shall not exceed 50% of the required spaces.
§ 190-48 Loading requirements.
Loading requirements vary with the specific uses proposed. Loading requirements shall ensure, to the extent feasible, that trucks can unload cargo in a manner that does not interfere with pedestrian and automobile traffic on public roads. Requirements for the number and location of loading facilities shall be established by the Planning Board during site plan review, based upon:
A.
The expected maximum number of vehicles using the loading facilities at times of peak usage.
B.
The type of business, size of the structure, and size of vehicles to be servicing the structure.
C.
The need to ensure pedestrian and automobile safety by separating loading operations from pedestrian and automobile circulation.
D.
The need to screen vehicles and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers, and/or fencing.
E.
The desirability of requiring service roads or alleys to achieve the purposes of this section.
F.
Applicable planning and engineering standards, adapted to meet the needs of the particular business use proposed.
G.
Other operational characteristics of the business or physical characteristics of the site deemed relevant by the Planning Board.
§ 190-49 Christmas tree sales.
A.
Permit issuance. For the outdoor storage and retail sale of Christmas trees and related merchandise, the Director of the Building Department is authorized to issue temporary use permits. Such permit shall be issued for a period not to exceed 45 days and in no event to run past December 25. No more than one permit may be issued for a given location in a calendar year.
B.
Exempt locations. A temporary use permit is not required for the outdoor storage and retail sale of Christmas trees and related merchandise when:
(1)
Conducted indoors in the normal course of business at any establishment for which a site plan has been approved and a certificate of occupancy has been granted.
(2)
Conducted indoors or outdoors in the normal course of business at any lawfully established garden center, nursery or farm which has Planning Board approval for outdoor sales.
(3)
Conducted on any other site which has Planning Board approval for the outdoor storage and retail sale of Christmas trees and related merchandise.
(4)
Conducted on farms.
(5)
Conducted on premises owned or operated by not-for-profit organizations.
C.
Permitted locations. The outdoor storage and retail sale of Christmas trees and related merchandise is permitted in the following locations:
D.
Signs.
(1)
All signage for the outdoor storage and retail sale of Christmas trees and related merchandise must be as described in the application for the temporary use permit and shall be limited to one sign that is no greater than 32 square feet for either wall, freestanding or A-frame signs.
E.
Conditions for issuance.
(1)
Approval is required from the Director of the Building Department and from the PEDD.
(2)
Rest room facilities must be available for use by the applicant and all employees and must be on site or within 500 feet of such proposed site. If off site, the owner of the building within which the rest room is located must attest in writing to the Building Department that such facilities shall be available to the permittee throughout the proposed hours of operation and duration of the temporary use sale.
F.
Application process.
(1)
Step 1: The applicant must submit a temporary use permit application to the Building Department. Such application shall be signed by the operator and contain the consent of the owner of the lot and be accompanied by:
(a)
A plan, drawn to scale, showing the proposed location of the lot where such storage and sales are to take place, and showing provisions for site access and parking as well as adequately showing all proposed temporary structures and the proposed location and description of the proposed temporary signage, including setbacks.
(b)
Proof that the area to be used for the proposed use is not needed to satisfy any other requirements of this chapter with respect to parking, ingress or egress, green space, drainage or any other uses on the site.
(c)
The required fee and deposit.
(2)
Step 2: After the application is complete, the Director of the Building Department shall approve, approve with conditions or disapprove the temporary use permit application.
(a)
When the application is approved, it will then be forwarded to the PEDD for its review.
(b)
In the event that such application is disapproved, the Director of the Building Department shall state his reasons for disapproval in writing, and any person aggrieved may appeal the decision to the Zoning Board of Appeals.
(3)
Step 3: The PEDD will review the application and approve, deny or approve with modifications.
(4)
Step 4: If the PEDD approves the application, within two days of receipt of such approval the Director of the Building Department shall issue the temporary use permit.
G.
Fees. The application shall be accompanied by a nonrefundable processing fee. The amount of fees shall be in accordance with the Building Department's fee schedule in effect at the time of the application.
H.
Appeals. Any aggrieved person may appeal the decision of the Building Department to the Zoning Board of Appeals in the manner provided for in this chapter.
I.
Site restoration; deposits.
(1)
The site for which the temporary use permit was issued shall be kept clean and orderly and shall be restored to the condition the site was in prior to the temporary storage and retail sale of Christmas trees and related merchandise.
(2)
The application to the Building Department for the temporary use permit shall be accompanied by a site restoration deposit in accordance with the fee schedule adopted by the Town Board.
(3)
The site restoration deposit shall be refunded in full within two weeks after the termination of the permit, provided that the lot on which the temporary use was located has been thoroughly cleaned and restored to a condition which existed prior to the temporary sale, as determined by the Director of the Building Department.
(4)
Such restoration must be completed no later than January 7 of the following year in which the sales commenced under such permit.
(5)
In the event that such application is disapproved, the restoration deposit shall be refunded in full.
J.
Suspension or revocation of permit; open burning.
(1)
If the permittee violates, causes or permits to be violated any provision of the Town Code or the New York State Uniform Fire Prevention and Building Code, the Director of the Building Department may suspend or revoke the temporary use permit issued pursuant to this article.
(2)
Open burning of any material is prohibited and may result in the suspension or revocation of any temporary use permit issued pursuant to this article.
§ 190-50 Garage sales.
A.
Garage sales must be conducted on the premises of a single-family or multifamily dwelling.
B.
At least one seller shall be a resident of the premises or an authorized agent of the estate at which the garage sale is conducted. The sale of goods shall be limited to those items belonging to the seller conducting the sale which were acquired by the seller for his or her own use, whether or not such goods were actually used by the seller. Garage sales shall not include goods, new or used, specifically acquired by the seller for resale.
C.
No more than three garage sales shall be conducted at the same premises or by the same person in any one twelve-month period.
D.
Garage sales shall be no longer than three consecutive days.
E.
Garage sales shall only be conducted between 8:00 a.m. and 6:00 p.m.
F.
The person conducting the garage sale shall be responsible for the maintenance of good order during the hours of the sale.
G.
Signage shall be limited to one sign on the property where the garage sale is taking place and no more than four signs off premises. The off-premises signs shall be limited in size to 1.5 square feet each. Signage may be displayed two days prior to the sale and may remain up until the sale is over. All signage shall, however, be removed immediately after the sale.
§ 190-51 Solar energy systems. [1]
[Added 3-23-2017 by L.L. No. 2-2017]
A.
Authority. This section is adopted pursuant to Town Law §§ 261-263 of the State of New York, which authorizes the Town of Colonie to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."
B.
Purpose. The purpose of this section is to advance and protect the public health, safety, and welfare of the Town of Colonie by providing for the siting, development, and decommissioning of solar energy systems to promote the development of renewable energy resources while reducing impacts to adjoining properties.
C.
Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair.
D.
All solar installations shall comply with all applicable New York State codes.
E.
Solar as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the energy primarily onsite are permitted as an accessory use in all zoning districts when attached to any lawfully permitted residential building.
(b)
Roof-mounted solar energy systems that use the energy onsite or offsite are permitted as an accessory use in designated zoning districts when attached to any lawfully permitted commercial building.
(c)
Height. Roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located.
(d)
Aesthetics. Where possible, roof-mounted solar energy systems shall be installed at the same angle as the roof's surface and as flush as possible to the roof's surface.
(e)
Roof-mounted solar energy systems that use the energy primarily onsite shall be exempt from site plan review.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the energy primarily onsite are permitted as accessory structures in designated zoning districts.
(b)
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
(c)
Lot coverage. Systems are limited to 50% lot coverage. The surface area covered by ground-mounted solar energy systems shall be included in total lot coverage. Systems must comply with all greenspace and parking requirements, as well as the use and dimensional charts.
(d)
Ground-mounted solar energy systems that use the energy primarily onsite shall be exempt from site plan review.
F.
Solar farms.
(1)
In designated zoning districts, and where the lot size is 20,000 square feet or greater, a primary use ground-mounted solar energy system shall be permitted pursuant to a special use permit and subject to the requirements set forth in this section, including site plan review.
(2)
Special use permit application requirements.
[Amended 12-1-2022 by L.L. No. 7-2022]
(a)
In addition to all general special use permit conditions contained in § 190-57, the following submissions and showings are required:
[1]
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
[2]
Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required and must comply with Chapter 177 of the Town Code.
[3]
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
[4]
A property operation and maintenance plan which describes continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
[5]
A decommissioning plan. To ensure the proper removal of any solar farm, a decommissioning plan prepared by a professional engineer shall be submitted as part of the special use permit application that provides for the removal of the solar farm and restoration of the property on which the solar farm is installed to a useful and nonhazardous condition. Compliance with this plan shall be a condition of a special use permit under this section. The decommissioning plan shall provide for removal of aboveground and below-ground equipment, structures and foundations; restoration of the surface grade and soil after removal of equipment; and revegetation of restored soil areas with native seed mixes, excluding any invasive species. Additionally, the decommissioning plan shall address:
[a]
The time required to decommission and remove the solar farm and any ancillary structures;
[b]
The time required to repair any damage to the property caused by the installation and removal of the solar farm;
[c]
The estimated cost of decommissioning and removal of the solar farm, as well as the cost of all necessary site remediation or restoration; and
[d]
The provision of a decommissioning security that meets following requirements:
[i]
The deposit with the Town Clerk of funds to be held in escrow by the Town, in an amount sufficient to ensure the good faith performance of the terms and conditions of any special use permit issued under this section and provide for the removal and restoration of the site subsequent to removal. The amount of the decommissioning security shall be at least 125% of the cost of removal and site restoration for the solar farm.
[ii]
In the event of: a) default upon performance of any conditions of special use permit granted hereunder and/or b) the solar farm is abandoned as provided herein, and after proper notice and expiration of any opportunity to cure, the decommissioning security shall be forfeited to the Town.
(3)
Special use permit standards for solar farms.
(a)
In addition to all general special use permit findings and standards contained in § 190-57, the following additional standards are required:
[1]
Compatibility. Forested sites shall not be clear cut for the siting of a solar farm. Additionally, the proposed installation must be compatible with adjacent uses in terms of scale, siting, design, lighting and noise generation, and must comply with all New York State and Town codes and design standards.
[2]
Height. Solar farms must adhere to the height requirements of the underlying zoning district. Ground-mounted arrays shall not exceed 20 feet in height when oriented at maximum tilt.
[3]
Setbacks. Solar farms shall be setback no less than 50 feet. Additionally, any solar farm that borders an area zoned residential shall be setback at least 100 feet from any residential district. The Zoning Board of Appeals may require further setbacks as necessary to adequately buffer adjoining residential and public property.
[Amended 12-1-2022 by L.L. No. 7-2022]
[4]
Lot size. Solar farms shall be located on lots with a minimum lot size of 20,000 square feet.
[5]
Lot coverage. A solar farm shall not exceed 60% of the lot on which it is installed. "Lot coverage" shall be defined as the area measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and roadways.
[6]
Buffer and screening. A minimum twenty-foot buffer, consisting of natural and undisturbed vegetation, shall be provided around all mechanical equipment and solar panel arrays to provide screening to adjacent properties and to minimize glare on adjacent properties and roadways. The Zoning Board of Appeals may require buffer sufficiently high and wide to determine potential visual impacts during the review process.
[7]
Signs. All electrical and control equipment shall be labeled. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except:
[8]
Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways. Exterior surfaces of roof-mounted collectors and related equipment shall have a nonreflective finish and shall be color-coordinated to harmonize with roof materials and other dominant colors of the structure.
[9]
Vegetation. Existing on-site vegetation shall be preserved to the maximum extent practicable. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
[10]
Site disturbance. Site disturbance, including, but not limited to, grading, soil removal, excavation, soil compaction, and tree removal in connection with installation of solar energy facilities, including ground-mounted systems, shall be minimized to the extent practicable. Forested sites shall not be deforested to construct solar energy facilities.
[11]
Noise. Substations and inverters shall be set back a minimum distance to achieve no discernable difference from existing noise levels at the property line.
[12]
Access. Roadways shall be provided to ensure adequate emergency and service access, and must comply with all applicable New York State and Town codes.
[13]
Fencing. All electrical and control equipment shall be secured to prevent unauthorized access. All solar farms shall be enclosed by fencing. The type of fencing shall be determined by the Zoning Board of Appeals.
[14]
Any application under this section shall meet all substantive provisions contained in local site plan requirements in the Zoning Chapter.
(b)
The Zoning Board of Appeals may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).
G.
Abandonment and decommissioning.
[Amended 12-1-2022 by L.L. No. 7-2022]
(1)
All applications for a solar farm shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility. Such decommissioning plan shall include the provision of a decommissioning security that meets the criteria set forth herein and is satisfactory to the Zoning Board of Appeals and/or Town Engineer. No building permit may be issued hereunder until a satisfactory decommissioning plan is provided and decommissioning security is funded.
(3)
In the event that any solar farm is abandoned, the Town may require the operator and/or the owner to decommission the solar farm in accordance with the decommissioning plan. In the event that the operator and/or owner fails to decommission the solar farm within 180 days of notification by the Town that the solar farm is deemed abandoned, the Town may, in its sole discretion, utilize the decommissioning security for removal of the solar farm and restoration of the site in accordance with the decommissioning plan. Any costs to the Town not covered by the decommissioning security, including any costs for decommissioning a project for which no decommissioning security was provided, may be recovered from the operator and/or owner. Such cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
H.
Tax exemptions.
(1)
Pursuant to New York State Real Property Tax Law § 487, the Town may require the owner of a property which includes a solar or thermal energy farm system which meets the requirements of this article to enter into a contract for payments in lieu of taxes. Such contract may require annual payments in an amount not to exceed the amounts which would otherwise be payable but for the exemption under this section. The owner or developer of such a system must provide written notification to the Town of its intent to construct such a system. Upon receipt of such notification, the Town may require the owner or developer of such system to enter into a contract for payments in lieu of taxes, and will notify in writing such owner or developer of its intent to require a contract for payments in lieu of taxes within 60 days of receiving the written notification.
(2)
The payment in lieu of a tax agreement shall not operate for a period of more than 15 years, commencing in each instance from the date on which the benefits of such exemption first become available and effective.
[1]
Editor's Note: Former § 190-51, Telecommunications facilities, was repealed 11-5-2009 by L.L. No. 12-2009.
§ 190-52 Adult use regulations.
Adult uses, such as an adult bookstore, adult drive-in theater, adult entertainment cabaret, adult massage establishment, adult peep show, adult juice bar, adult theater or any other adult use shall be permitted in any district where the non-adult version of such use is a permitted use. Adult uses shall be restricted in the following manner in addition to any other requirements of this Code:
A.
No adult establishment shall be located within 1,000 feet of any zoning district where single-family dwellings, two-family dwellings or multifamily dwellings are permitted, as measured from the property line of the adult use premises to the zoning district boundary line.
B.
No adult establishment shall be located within 1,000 feet of any other adult use, as measured from the property lines of the respective adult use premises.
C.
No adult establishment shall be located within 1,000 feet of any church or other place of religious worship, school, child day-care center, park, playground or playing field, as measured from the property line of the adult use premises to the property line of the other premises.
D.
No adult establishment shall be operated on the same lot as any other adult use or in the same building, structure or portion thereof containing another adult use, even if owned by the same individual or entity.
E.
In any adult establishment, there shall be no more than one stage per building, and such stage shall be no larger than 100 square feet.
§ 190-53 Home occupation standards.
Home occupations are permitted in existing and new homes and in accessory outbuildings and garages, subject to the following criteria and standards. Home occupations shall in no event be deemed to include animal hospitals, kennels, clinics or hospitals, mortuaries, nursery schools, private clubs, motor vehicle repair shops, restaurants, hotels, boardinghouses or similar uses.
A.
Requirements for all home occupations. All home occupations shall:
(1)
Be conducted by a resident of the lot;
(2)
Maintain the character of the neighborhood;
(3)
Ensure the peace, privacy and quiet of the area;
(4)
Avoid excessive noise, traffic, nuisance, fire hazard and other adverse effects of business uses;
(5)
Obtain a building and zoning permit issued by the Building Department of the Town of Colonie.
[Added 3-8-2018 by L.L. No. 3-2018]
B.
Home occupation Level I.
(1)
Home occupations shall be conducted in a manner which does not give the outward appearance of a business.
(2)
Home occupations shall be conducted within the home. Such use shall not alter the external appearance from a residential character.
[Amended 8-28-2008 by L.L. No. 8-2008]
(3)
Home occupations shall not generate automobile or truck traffic that would exceed the volume of traffic that would otherwise be generated by typical residential use.
(4)
Home occupations shall have no external storage of materials, equipment, containers, finished products or associated vehicles outside the home, outbuilding or garage other than that which is normally associated with residential use.
(5)
Home occupations shall be incidental and secondary to the use of a dwelling unit for residential purposes. Such uses shall occupy an area no greater than 15% of the principal structure on the lot.
[Amended 8-28-2008 by L.L. No. 8-2008]
(6)
Home occupations shall be limited to one per lot and shall not have any nonresident employees.
(7)
Home occupations shall display no sign or other indicia of the home occupation.
(8)
Home occupations shall not provide any additional off-street parking above and beyond the parking already required.
C.
Home occupation Level II.
(1)
Home occupations shall be limited to two per lot.
(2)
Home occupations shall be incidental and secondary to the use of a dwelling unit for residential purposes. Such uses shall be conducted within the home, and shall occupy an area no greater than 15% of the principal structure on the lot.
[Amended 8-28-2008 by L.L. No. 8-2008]
(3)
Each home occupation may have only one sign, which shall not exceed two square feet.
(4)
Home occupations shall allow no more than one nonresident assistant, intern, or employee at any one time per lot.
[Amended 8-28-2008 by L.L. No. 8-2008]
(5)
Home occupations shall provide off-street parking for any and all anticipated increase in vehicles at the dwelling above and beyond the parking already required.
D.
Application requirements.
[Added 3-8-2018 by L.L. No. 3-2018]
(2)
A permit issued for a home occupation is temporary and shall cease when the applicant no longer meets the conditions for such use.
(3)
Application. A written application shall be submitted, on forms provided therefor by the Building Department, signed by the applicant. The applicant shall be the owner-occupant of the principal dwelling unit.
(4)
Building plans. The applicant shall provide building construction plans for the home occupation. Plans shall meet the requirements of the New York State Uniform Fire Prevention and Building Code and applicable codes of the Town of Colonie.
(5)
Permit renewal. Once issued, a building and zoning permit for a home occupation shall be renewed by the applicant on an annual basis until such time as the use shall cease, at a fee as set by the Town Board from time to time. Failure to renew the permit shall constitute a violation of this chapter.
§ 190-54 Administration and enforcement.
A.
The provisions of this article with respect to parking and loading requirements shall be primarily administered and enforced by the PEDD, which shall have the power to make necessary inspections.
B.
The provisions of this article with respect to Christmas tree sales, garage sales, telecommunications facilities, adult use regulations, and home occupation standards shall be primarily administered and enforced by the Building Department, which shall have the power to make necessary inspections.