Colonie Town City Zoning Code
ARTICLE V
Use Regulations
§ 190-18 Permitted principal uses.
Each use listed in the use table below shall be permitted in each zoning district in which the use is listed as a permissible use.[1] Multiple principal uses shall be permitted on a single lot, provided each use is a permitted use and the dimensional requirements of this chapter are met, except that only one single-family or two-family dwelling shall be permitted on a single lot. Permitted uses shall be subject to all other applicable requirements of this chapter.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
§ 190-19 Permitted accessory uses.
[Amended 2-3-2011 by L.L. No. 6-2011; 11-20-2014 by L.L. No. 20-2014; amended 7-26-2018 by L.L. No. 9-2018; 6-24-2021 by L.L. No. 1-2021]
A.
An accessory use shall be permitted if:
(1)
The use is customarily incident and accessory to the principal use and attached to the existing residence or building on the same lot.
(2)
The use to which it is accessory is a lawful use pursuant to the provisions of this chapter.
(3)
The use does not result in or exacerbate any violation of the provisions of this chapter.
B.
Any use listed as a permitted use in a district shall be permitted as an accessory use in that district, subject to the above provisions, and further provided that the combination of uses shall meet all other provisions of this chapter.
C.
A private garage shall be permitted as an accessory use to a one- or two-family dwelling if used by the owners or occupants of the premises for nonbusiness uses only and so long as it is attached to the existing residence.
D.
In an OR, HCOR, NCOR or COR Zoning District, a parking lot shall be permitted on a separate parcel subject to a special use permit pursuant to § 190-57 as an accessory use to a primary business if used by the owners or employees of the business for employee parking only, where the parking lot parcel and the primary business parcel share a common owner and where the parking lot parcel is contiguous to the primary business parcel but for a secondary Town road which separates the parcels. If either use is changed or sold, this accessory use shall be extinguished.
E.
In an HCOR, NCOR or COR Zoning District, a motor vehicle storage yard shall be permitted subject to a special use permit pursuant to § 190-57 as an accessory use to a primary business if used by the business as a motor vehicle storage yard, where the motor vehicle storage yard parcel and the primary business parcel share a common owner and where the motor vehicle storage yard parcel is contiguous to the primary business parcel but for a secondary Town road which separates the parcels. If either use is changed or sold, this accessory use shall be extinguished.
§ 190-20 Prohibited uses.
A.
Uses not permitted in a given zoning district. Any use which is not listed in the Use Table[1] as a permitted use or authorized by special use permit, planning special permit, or wireless telecommunications special use permit in a given zoning district, or which is not an accessory use to such a permitted use, shall be deemed prohibited in that zoning district.
[Amended 5-1-2014 by L.L. No. 8-2014]
[1]
Editor’s Note: The Table of Permitted Uses is included as an attachment to this chapter.
B.
Uses not permitted in delineated buffer areas. No building, parking, loading or storage area shall be permitted in any buffer area delineated on the Zoning Map. No removal of live vegetation or grading shall be permitted in such buffer areas except as related to utility installation, a perpendicular crossing for a street or access driveway, or landscaping enhancements, as approved by the Planning Board pursuant to a site plan or subdivision review.
C.
Uses prohibited adjacent to the zone boundary line of any Single Family Residence District or Multifamily Residence District unless authorized by special use permit, planning special permit, or telecommunications wireless special use permit.
[Amended 6-28-2007 by L.L. No. 10-2007; 12-20-2007 by L.L. No. 20-2007; 5-1-2014 by L.L. No. 8-2014; 11-20-2014 by L.L. No. 14-2014; 2-26-2015 by L.L. No. 3-2015; 11-19-2015 by L.L. No. 12-2015]
(1)
In the Route 5 Corridor Study Area [as defined in § 190-22M(12)], no portion of any building or structure occupied by a hotel/motel, bed-and-breakfast, inn, or boardinghouse shall be located within 500 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District.
D.
Airport Business Area District. In the Airport Business Area District, any use shall be prohibited which will produce objectionable noise, dust, vibrations, odors, noxious fumes or smoke or which emits radioactive rays injurious to persons or animals or which pollutes the air so as to make it injurious to the health of persons not engaged in the process involved or injurious to plants, animals and/or structures beyond the limits of the property on which such pollution originates. The production of any of the above-mentioned by-products shall be deemed to be objectionable if they can be distinguished beyond the limits of the property in which they are created in the following degree of intensity:
(2)
The vibration can be distinctly felt.
(3)
Dust settles from the air or floats through the air and can be distinctly seen.
(4)
Odors can be plainly smelled.
(5)
Noxious fumes can be plainly smelled or their presence detected by proper scientific apparatus.
(6)
Smoke is carried so as to obstruct clear vision of the sky or carries along the ground where it may be breathed by persons or animals.
(7)
Light flashes are of such brilliance that they are disagreeable to the naked eye beyond the limits of the property upon which they originate.
E.
Industrial District. In the Industrial District, any use shall be permitted, except the following:
(1)
Manufacture or storage in bulk of explosives.
(2)
Chemical plant emitting corrosive or toxic fumes carrying beyond the limits of the premises.
(3)
Any use which produces radiation, light, smoke, fumes or odors of a noxious or harmful nature carrying beyond the limits of the premises.
(4)
Circuses and carnivals.
(5)
Single-family, two-family or multifamily dwelling units, except single-family farmhouse dwellings or single-family dwellings accessory to a place of worship or school.
(6)
Mobile homes and mobile home parks.
F.
Short-term rentals. Short term rentals as defined in § 190-6 shall be subject to the following conditions:
[Added 9-9-2021 by L.L. No. 3-2021]
(1)
The short-term rental property or parcel must be the owner’s primary residence;
(2)
A short-term rental may only be operated pursuant to a permit issued by the Town of Colonie Building Department;
(3)
Any permit obtained for a short -erm rental shall only be valid for one year and shall be renewable on an annual basis;
(4)
Permits shall be limited to one per owner per parcel;
(5)
The number of permits issued annually shall be limited to 50 throughout the Town of Colonie;
(6)
Any parcel for which a resident seeks a permit shall be subject to an inspection by the Town of Colonie Building Department. Inspections shall be required on an annual basis;
(7)
Property owners may not advertise short-term rentals on their premises.
§ 190-21 Table of Uses. [1]
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
§ 190-22 Additional use standards, restrictions and exceptions.
[Amended 6-28-2007 by L.L. No. 10-2007; 2-3-2011 by L.L. No. 7-2011; 7-25-2013 by L.L. No. 13-2013; 5-1-2014 by L.L. No. 8-2014; 11-20-2014 by L.L. No. 18-2014; 11-20-2014 by L.L. No. 15-2014; 2-26-2015 by L.L. No. 3-2015; 11-19-2015 by L.L. No. 12-2015; 4-4-2019 by L.L. No. 2-2019; 6-24-2021 by L.L. No. 1-2021; 2-27-2025 by L.L. No. 2-2025; 7-10-2025 by L.L. No. 4-2025]
A.
Single-family dwelling or preschool. In any district, a single-family dwelling or a preschool shall be permitted as an accessory use to a school or place of worship.
B.
Dwelling unit, accessory. In any district, an accessory dwelling unit, if accessory to a single-family or two-family dwelling, shall be subject to the following provisions:
(1)
General requirements.
(a)
Accessory dwelling units shall be temporary, and occupancy shall be restricted to individuals related to at least one owner-occupant of the single-family dwelling in which the unit is placed. For the purposes of this section, the relationship between the owner-occupant and the occupant(s) of the accessory unit shall be a lawful family relationship or the functional equivalent thereof.
(b)
An accessory dwelling unit shall require a building and zoning permit issued by the Building Department of the Town of Colonie. The applicant for an accessory dwelling unit shall be the owner-occupant of the principal dwelling unit. A permit issued for an accessory dwelling unit is temporary and shall cease when the applicant no longer meets the conditions for such use.
(2)
Standards.
(a)
Number. There shall only be one accessory dwelling unit per building lot. An accessory dwelling unit shall be attached to the single-family dwelling.
(b)
Compliance with dimensional requirements. An accessory dwelling unit shall comply with the dimensional requirements that apply to the single-family dwelling in the zoning district in which it is located and shall include all finished space as defined in § 190-6.
(c)
Parking. Each dwelling unit shall have two designated off-street parking spaces meeting the standards of this chapter and conveniently located for access to the dwelling unit.
(d)
Adequacy of services. Water supply and sewage disposal facilities must be sufficient to accommodate the additional demands of the additional unit where conversion is proposed. Installation of a second water meter shall not be permitted.
(e)
Limits on use. A permit for an accessory dwelling unit is temporary and shall cease when the requirement of this section are no longer met. To meet the requirement of discontinuance of use, the applicant shall submit a decommission and restoration plan as part of his application for the building and zoning permit. This plan shall detail the work and cost of the work for all reconstruction and removal of improvements associated with discontinuance of the accessory dwelling unit.
(f)
Discontinuance of use. The owner shall notify the Building Inspector in writing within 90 days once the accessory unit is no longer needed, the property is sold or if for some other reason the applicant no longer meets the condition for such use. Upon notification, the building and zoning permit for the accessory dwelling unit shall be terminated. The applicant shall then comply with the terms of the restoration plan within 90 days of the date of termination.
(3)
Application requirements.
(a)
Application: A written application shall be submitted, on forms provided therefor by the Building Department, signed by the applicant.
(b)
Evidence that the relationship to the owner-occupant is consistent with the requirements of this section.
(c)
Building plans: The applicant shall provide building construction plans for the accessory dwelling unit. Plans shall meet the requirements of the New York State Uniform Fire Prevention and Building Code and applicable codes of the Town of Colonie. At a minimum, the plans shall include a floor plan of the principal dwelling unit and the accessory dwelling unit.
(d)
Site plan: The site plan shall be drawn at a scale of one inch equals 30 feet, unless the Building Department determines otherwise, and show the following information:
[1]
The applicant's name and address.
[2]
The applicant's entire lot.
[3]
The location and size of all structures on the applicant's lot, including the single-family dwelling unit, all accessory buildings and structures, driveway and parking areas, easements, etc.
[4]
The proposed location, point of entry and size of the accessory unit.
[5]
Building elevations of any proposed addition.
(e)
Restoration plan: The restoration plan shall be a detailed plan for removal of the accessory dwelling unit and shall identify those structures, exterior and interior walls, electrical and plumbing improvements and the connections to public water and sewer services to be retained and those to be removed upon cessation of the accessory dwelling use. In particular, it shall include a removal plan for all kitchen-related improvements facilitating the preparation of food, including but not limited to such items as sinks, stoves, counters and refrigerators. The plan shall include estimated restoration costs for all reconstruction and removal of improvements as associated with discontinuance of the accessory dwelling unit.
(4)
Permit renewal and registration.
(a)
Permit renewal: Once issued, a building and zoning permit for an accessory dwelling unit shall be renewed by the applicant on an annual basis until such time as the use shall cease. The fee for annual renewal shall be established by the Town Board by resolution from time to time. Failure to renew the permit shall constitute a violation of this chapter.
(b)
Registration: The applicant shall file the building and zoning permit for an accessory dwelling unit as a deed restriction with the Albany County Clerk's office and shall furnish proof of filing to the Town. A permit for an accessory dwelling unit shall not be renewed without proof of filing of the original permit.
C.
Common space parcels in realty subdivisions. In any district, a parcel within a real property subdivision, owned and maintained by a homeowners' association as common space for the use and benefit of the owners of residential lots within that subdivision, shall be permitted as accessory to the subdivision. The common space may be required to be maintained as undeveloped open space as a condition of approval of the subdivision or by other local, state or federal regulation or may be improved with amenities for use by the lot owners or their tenants or guests, if such amenities are not otherwise prohibited or restricted. Such amenities may include a community building housing shared recreational, dining and child-care facilities, recreational playing fields, tennis courts, swimming pools and structures housing congregate mailboxes. Parking facilities accessory to any such use or for the common use of the lot owners or their tenants or guests as an accessory to the residential use of the lots may also be provided. For purposes of determining front yard, side yard and rear yard dimensions, community buildings and swimming pools shall be considered to be principal uses on the parcel. The area and dimensions of the parcel, and the type, location, design, and conditions of use of such amenities, shall be subject to approval by the Town Planning Board pursuant to review under the subdivision provisions of this chapter.[1]
D.
Oversized vehicle restrictions.
(1)
In any district, no oversized vehicle shall be parked on any public street or in the street right-of-way, except vehicles actively assisting in an emergency, such as a fire or traffic accident, or vehicles such as moving vans or delivery trucks in the process of being loaded or unloaded.
(2)
In any district, no oversized vehicle shall be parked or stored in the front yard of any single-family or two-family residence unless the vehicle is registered and insured.
E.
Commercial vehicle restrictions. In SFR and MFR Districts, no vehicle or equipment used primarily for commercial or other nonresidential purposes shall be parked or kept on any lot or on any street or in the street right-of-way, except:
(1)
Vehicles or equipment actively assisting in an emergency, such as a fire or traffic accident;
(2)
Vehicles or equipment used in connection with active permitted construction or maintenance activities on the lot or adjacent street;
(3)
Vehicles such as moving vans or delivery trucks being loaded or unloaded; or
(4)
Vehicles with a maximum gross vehicle weight rating of 8,000 pounds, used by a business owner or employee for transportation between his home and place of employment.
F.
Golf course accessory structures and parking. In SFR and MFR Districts, no structure accessory to a golf course shall be erected within 200 feet of the boundary of the property devoted to such use, and no accessory parking area shall be located within 100 feet of said boundary.
G.
Mixed-use zone (OR, NCOR, COR, and HCOR) standards.
H.
Restricted accessory uses in CO, COR, HCOR, NCOR, and OR Districts. In a CO, COR, HCOR, NCOR or OR District, outside storage of construction materials, equipment and/or overnight storage of vehicles shall not be permitted as an accessory use to an office.
I.
Garden center in OR Districts. In an OR District, a garden center shall be permitted as an accessory use to a farm or nursery only.
J.
Fast food establishment in CO Districts. In a CO District, a fast food establishment shall be permitted only as an accessory use within a building containing a permitted principal use.
K.
Motor vehicle repair shop (major) in COR, HCOR and ABA Districts. In COR, HCOR, and ABA Districts, a motor vehicle repair shop (major) shall be permitted as an accessory use only to retail sales of new motor vehicles or for maintenance of vehicles operated by and incidental to the primary use of the premises.
M.
Specific special use permit and planning special permit standards (in addition to the provisions of the detailed site plan review and special permits article of this chapter).[3]
(1)
Bed-and-breakfast.
(a)
Preparation of food: Meals shall only be served to guests taking lodging in the home.
(b)
Interior design standards: The architectural integrity and arrangement of the existing interior spaces must be maintained.
(c)
Exterior design standards: The exterior appearance of the structure shall not be altered from its single-family character.
(2)
Community center. Exterior design standards: The exterior appearance of the structure shall conform to the design standards for the Commercial Office Residential (COR) District.
(3)
Dwelling, single-family and dwelling, two-family. Although a single-family or two-family dwelling is allowed by special use permit in an NCOR District, it is intended that these uses be established in the context of a neighborhood-scaled, mixed-use setting. Therefore, no existing lot shall be subdivided with the intent of creating three or more building lots for single-family or two-family dwellings.
(5)
Funeral home. In Neighborhood Commercial Office Residential (NCOR) District, a funeral home shall not have a crematorium.
(6)
Mini-mart.
(b)
No fuel pump shall be located within 25 feet of any lot line or within the required side or front yard, whichever shall be more restrictive.
(c)
The site layout shall eliminate the necessity of any vehicle backing into a public right-of-way.
(d)
Mini-marts shall:
[1]
Ensure that adequate parking is available on site for customers making purchases at the store but not buying gasoline. This parking area shall be located in such a manner that it does not interfere with the safe entry and exit of vehicles purchasing gasoline.
[2]
Provide an enclosed trash dumpster for disposal of stock packings removed by store employees and trash receptacles for customer use on the premises.
[3]
Maintain no outdoor displays of merchandise.
[4]
Locate all vending machines inside the building.
[5]
Direct all rooftop heating/ventilation/air-conditioning or refrigeration units away from adjacent residential properties.
(7)
(9)
Private club.
(a)
Any such club shall be incorporated pursuant to the provisions of the Not-For-Profit Corporation Law and cater exclusively to members and their guests or shall be an unincorporated association subject to review by the Planning Board and which caters exclusively to members and their guests.
(b)
Any such use shall not be conducted as a business enterprise.
(c)
Layout, architectural design and landscaping of the proposed facility must be compatible with the environmental character of the surrounding neighborhood.
(d)
Club activity shall be indoor only.
(10)
Recreation field.
(a)
Outdoor facilities that may be expected to have intensive use shall be screened from public view and from adjacent properties by trees, hedges or other suitable shrubbery.
(b)
Outdoor lighting shall be limited to that necessary for operational reasons and shall be so designed as to not be incompatible with surrounding land uses.
(c)
Outdoor public address systems, entertainment or other sounds shall be controlled so that they shall not be heard beyond the facility's property lines.
(d)
One announcement sign, not over 12 square feet in area, shall be permitted on each street frontage of the facility's property, provided that it is set back at least 24 feet from all property lines. Such sign may be lighted only by a shielded light source attached to the sign.
(11)
Veterinarian.
(a)
All animal hospital facilities shall be maintained in enclosed structures which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line.
(b)
Exercise pens and runways shall not be permitted within 200 feet of any lot line or within 300 feet of any residential district.
(c)
Permitted operations shall not include the boarding of animals or the operation of a kennel, except that the boarding of animals related to a course of medical treatment shall be permitted during the period of such treatment.
(d)
There shall be proper facilities and personnel to ensure that trash, animal waste and other debris generated by the facility are properly disposed of.
(e)
Outdoor storage of refuse, feed or other material and on-site incineration of refuse are not permitted.
(12)
Hotels within Route 5 Corridor Inventory Study Area.
(a)
The Route 5 Corridor Inventory Study Area consists of the following area: Beginning at a point on the center line of Route 5/Central Avenue, where said line is intersected by the boundary between the Town of Colonie to the south and the City of Schenectady to the north, running thence southeasterly along the center line of Route 5/Central Avenue to a point where said line is intersected by the boundary between the Town of Colonie to the north and the City of Albany to the south, and extending 1,000 feet on either side of the center line of Route 5/Central Avenue, excluding those parcels of land located in the Village of Colonie.
(b)
A planning special permit must be obtained for any application within the Route 5 Corridor Inventory Study Area to construct a new hotel/motel, bed-and-breakfast, inn, or boardinghouse; to make any addition or expansion to an existing hotel/motel, bed-and-breakfast, inn, or boardinghouse; to restore a damaged hotel/motel, bed-and-breakfast, inn, or boardinghouse; to renovate an existing hotel/motel, bed-and-breakfast, inn, or boardinghouse where the renovation will result in an increase in occupancy; or to make any alteration pursuant to the NYS Fire Prevention and Building Code to an existing hotel/motel, bed-and-breakfast, inn, or boardinghouse. A planning special permit is not required for ordinary repairs or cosmetic changes.
(c)
Such applications must fully comply with the provisions related to special use permits, planning special permits and site plan review of Article XI of this chapter, in addition to the specific requirements stated herein.
(d)
Such applications for hotels/motels, bed-and-breakfasts, inns, or boardinghouses that border on single-family residential areas shall also provide designs that protect the interests of the single-family residential area and which are compatible with the single-family residential nature of the area.
(e)
Such applications must also demonstrate the need and market demand for another hotel/motel, bed-and-breakfast, inn, or boardinghouse in the Route 5 Corridor Inventory Study Area, using objective economic data as the basis for the review.
(f)
Such applications must also identify pedestrian traffic generated by the proposed project, specifying pedestrian access to sidewalks and crosswalks on Route 5, as well as show coordination with the New York State Department of Transportation related to mid-block crossings on Route 5.
(13)
Crisis intervention center, substance abuse treatment center and transitional housing.
(a)
Residential properties: shall be located at least 1,000 feet from the zone line of any zoning district which includes residential uses including, but not limited to, SFR, MFR, OR, NCOR, COR and HCOR.
(b)
Schools and childcare centers: shall be located at least 1,500 feet from schools, day-care centers, and playgrounds to minimize exposure to vulnerable populations.
(c)
Parks and recreational areas: shall be located at least 1,000 feet from public parks, sports fields, and community recreation centers.
(d)
Other similar facilities: to prevent an oversaturation of behavioral health services in one area, new facilities shall be located at least 2,500 feet from another crisis intervention center or substance abuse treatment center.
(e)
Liquor stores and bars: shall be located at least 1,500 feet from businesses with a liquor license and from cannabis dispensaries to reduce exposure to substances that could trigger relapse.
N.
Dwelling unit, extended-family. In any district, an extended-family dwelling unit, if accessory to a single-family dwelling, shall be subject to the following provisions:
(1)
General requirements.
(a)
Extended-family dwelling units shall be temporary and occupancy shall be restricted to individuals related to at least one owner-occupant of the single-family dwelling in which the unit is placed. For the purposes of this subsection, the relationship between the owner-occupant and the occupant(s) of the accessory unit shall be lawful family relationship or the functional equivalent thereof.
(2)
Standards.
(a)
Number. There shall only be one extended-family dwelling unit per building lot.
(b)
Compliance with dimensional requirements. An extended-family dwelling unit shall comply with the dimensional requirements that apply to the single-family dwelling in the zoning district in which it is located.
(c)
Parking. Each dwelling unit shall have two designated off-street parking spaces meeting the standards of this chapter and conveniently located for access to the dwelling unit.
(d)
Adequacy of services. Water supply and sewage disposal facilities must be sufficient to accommodate the additional demands of the additional unit. Installation of a second water meter shall not be permitted.
(e)
Limits on use. An extended-family dwelling unit is temporary and shall cease when the requirements of this section are no longer met.
O.
Wholesale business and warehouse storage/distribution in COR Districts. In a COR District, a wholesale business use and a warehouse storage/distribution use shall be permitted pursuant to a special use permit where the building is 60,000 square feet in size or less.
§ 190-23 Administration and enforcement.
[Amended 5-1-2014 by L.L. No. 8-2014]
The provisions of this article, except those related to planning special permits, shall be primarily administered and enforced by the Building Department, which shall have the power to make necessary inspections. The provisions of this article related to planning special permits shall be primarily administered and enforced by the PEDD, which shall have the power to make necessary inspections.