Colonie Town City Zoning Code
ARTICLE VI
Dimensional Requirements and Density Incentives
§ 190-24 Requirements defined.
§ 190-25 Table of Dimensional Requirements. [1]
[1]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
§ 190-26 Exceptions and additions.
A.
Established lots. In an SFR District, any established lot may be developed for single-family residence and accessory uses in conformance with the dimensional requirements in the following chart.[1] If the lot is included in a cluster subdivision plan approved pursuant to § 278 of the Town Law, the dimensional requirements specified on the filed subdivision plan shall be applicable.
[1]
Editor's Note: The Dimensional Table for Prior-Established Lots is included as an attachment to this chapter.
B.
Accessory structures.
(1)
Structures accessory to a single-family dwelling or two-family dwelling may occupy up to 40% of the rear yard.
(2)
Structures accessory to a single-family dwelling or two-family dwelling, located in the rear yard and less than 16 feet in height, may be erected with a five-foot setback from a rear or side lot line.
C.
Additional lot and yard requirements.
(2)
Vision clearance. No wall, fence, sign or other structure shall be erected and no hedge, tree, shrub or other growth shall be maintained within a required front yard space so as to cause danger to traffic by obstructing the traveling public's view.
(3)
Yard projections.
(a)
In any district, cornices, eaves, and awnings may project up to two feet into a front, side or rear yard setback, and protective overhangs at access doors may project up to four feet into a side or rear yard setback, but in no case shall any such projection extend beyond the lot line of the parcel.
[Amended 8-28-2008 by L.L. No. 8-2008]
(b)
In OR, CO, NCOR, COR and HCOR Districts, awnings or canopies may extend into a front or side yard, provided that such awnings or canopies shall not extend more than eight feet beyond the face of the building, nor beyond the lot line of the parcel, and that such awnings or canopies, when fully lowered, shall not be less than seven feet above the surface of the ground or pavement beneath them.
(c)
In any district, an unenclosed covered porch may extend up to 10 feet into the front yard setback, but in no case shall extend beyond the lot line of the parcel. Such porch may not include screens or windows, and may not have walls exceeding 40 inches in height.
[Amended 4-11-2013 by L.L. No. 6-2013]
(4)
Structures in front yards. No structure of any description shall be permitted in a front yard, with the following exceptions:
[Amended 4-11-2013 by L.L. No. 4-2013]
(a)
A sign that meets the requirements of this chapter shall be permitted in a front yard.
(b)
A public transit stop shelter or a structure housing congregate mailboxes shall be permitted in a front yard, but shall not be located nearer than 10 feet to any side lot line.
(c)
On a through lot, accessory structures may be constructed within one of the front yards, if such structures meet the front yard setback requirement.
(d)
Structures shall be permitted in a front yard in the following zoning districts: Airport Business Area, Commercial Office, Highway Commercial Office Residential, Industrial, Neighborhood Commercial Office Residential, Office Residential, and Planned Development District.
(5)
[2]Light poles are exempt from dimensional requirements except as to height.
[2]
Editor's Note: Former Subsection C(5), regarding maximum retail tenant occupancy, was repealed 8-28-2008 by L.L. No. 8-2008. This ordinance also provided for the redesignation of former Subsection C(6) as Subsection C(5).
(6)
One portable storage structure may be placed on a single-family or two-family residential lot without an active building permit for up to six months, subject to the following conditions and limitations:
[Added 2-3-2011 by L.L. No. 9-2011; amended 5-2-2014 by L.L. No. 7-2014]
(a)
The portable storage structure shall not exceed 160 square feet in area and 10 feet in height and may not have any mechanical, plumbing or electrical installations or connections; and
(b)
The portable storage structure shall be set back a minimum of five feet from the side, rear and front property lines and a minimum of five feet from all other structures on the property, and shall not encroach on public property or public rights-of-way.
D.
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.
[Added 11-19-2015 by L.L. No. 12-2015]
(1)
In areas where OR, CO, NCOR, COR, HCOR, Airport Business Area, and Industrial Districts are more than 300 feet in depth from the front lot line, no portion of any commercial use or mixed-use building shall be built within 100 feet, and no parking, loading, or storage area shall be located within 50 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District (For existing buildings, see § 190-35.), except that:
(a)
In a NCOR, COR, HCOR or OR District, the building prohibition shall not apply where it would conflict with the maximum setback provisions of the design standards article of this chapter.
(b)
An accessory storage building no greater than 10,000 square feet in gross floor area and with a maximum building height of 25 feet may be located no closer than 50 feet from the zone boundary line of any Single Family Residence District or Multifamily Residence District.
(2)
In any district, no portion of any building or structure occupied by a restaurant, nor any related waste, refuse or recycling containers, shall be located within 100 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District.
(3)
In any district, no portion of any building or structure occupied by a convenience food store, supermarket less than 20,000 square feet in size, nor any related waste, refuse or recycling containers, shall be located within 100 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District. These uses are permitted between 100 feet and 200 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District only by special use permit.
(4)
In any district, no portion of any building or structure occupied by a bar, fast food, nightclub, mini-mart, supermarket greater than 20,000 square feet in size, motor vehicle service station or motor vehicle repair shop use, nor any related waste, refuse or recycling containers, motor vehicle fuel dispensers, motor vehicle fuel storage or related accessory uses, such as car washes, vacuum pumps or air pumps, shall be located within 200 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District.
(5)
In any district, no portion of any crafting studio, alcohol licensed, nor any related waste, refuse or recycling containers, or related accessory uses, shall be located within 50 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District; no portion of any microbrewery/brew pub or farm brewery nor any related waste, refuse or recycling containers, or related accessory uses, shall be located within 100 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District; and no portion of any brewery nor any related waste, refuse or recycling containers, or related accessory uses, shall be located within 200 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District.
[Added 8-30-2018 by L.L. No. 11-2018]
(6)
In any district, no portion of any building or structure occupied by an automatic car wash, nor any related waste, refuse or recycling containers, shall be located within 200 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District; and no portion of any building or structure occupied by a motor vehicle detailing shop, nor any related waste, refuse or recycling containers, shall be located within 100 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District.
[Added 8-30-2018 by L.L. No. 10-2018]
(7)
In any district, no portion of any building or structure occupied by a heavy industrial use, nor any related outdoor storage, waste, refuse or recycling containers, shall be located within 200 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District; no portion of any building or structure occupied by a light industrial use, nor any related storage, waste, refuse or recycling containers, shall be located within 100 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District; and no portion of any building or structure occupied by a light manufacturing use or artisan studio/shop, nor any related storage, waste, refuse or recycling containers, shall be located within 50 feet of the zone boundary line of any Single Family Residence District or Multifamily Residence District.
[Added 8-30-2018 by L.L. No. 12-2018]
§ 190-27 Incentive zoning.
[Amended 5-21-2009 by L.L. No. 4-2009]
A.
Purpose and objectives. It is the purpose of this section of the Town of Colonie Land Use Law to authorize the Planning Board to grant incentives to project sponsors during the plan review process. Such incentives shall advance the Town's comprehensive planning policies and provide opportunities to preserve open spaces in the Town with an approximate equivalence between the open space that may be lost or gained, as articulated in the Town's Comprehensive Plan and other current planning studies.
B.
Authority of the Planning Board. Incentive zoning provisions may be used by the Planning Board to further the following Town objectives:
(1)
To protect the Town's important natural resources such as stream corridors, steep slopes, floodplains, wetland systems, wildlife habitats and unique ecosystems.
(2)
To encourage the conservation of viable farmland and significant open spaces.
(3)
To develop a network of open lands to provide wildlife habitat and potential recreational trail corridors, connections, and pathways.
(4)
To protect the Town's significant cultural and historic resources.
(5)
To focus development and redevelopment into mixed-use centers.
(6)
To ensure that all development occurs in an ecologically sound manner so that the Town can improve air and water quality.
(7)
To protect viewsheds, scenic roads and environmentally sensitive lands.
(8)
To encourage the use of conservation development throughout the Town but particularly in environmentally sensitive or ecologically unique areas such as the Albany Pine Bush, the Mohawk and Hudson Rivers and tributaries, the Town's creeks, the Ashford Glen Preserve, Ann Lee Pond and Shaker Heritage Site, Kettle Bog, Stump Pond and other significant areas.
(9)
To protect and enhance the Town's recreational resources.
(10)
To provide public access to protected open spaces.
(11)
To allow for an increased density of both commercial and residential development while enhancing and protecting a diversity of housing types.
C.
Applicability. Incentives for increased density may only be used in the following districts as shown on the Town of Colonie Zoning Map: Office Residential (OR), Commercial Office (CO), Neighborhood Commercial Office Residential (NCOR), Commercial Office Residential (COR), Highway Commercial Office Residential (HCOR), Airport Business Area (ABA), and Industrial (IND).
D.
Incentive standards.
[Amended 3-24-2016 by L.L. No. 2-2016]
(1)
The Planning Board may grant reductions in the minimum green space requirement in increments of 5%.
(2)
Required green space shall not be reduced below 15%.
(3)
Residential density shall not exceed eight dwelling units per acre.
(4)
The Planning Board in its discretion may grant an increase in project density for commercial or mixed-use projects up to 24,000 square feet of gross floor area (GFA) per acre.
(5)
If the lot where the incentive is requested is in more than one district, the provisions for the more restrictive district shall apply.
(6)
If a project seeks incentive zoning for both density increase and green space reduction, then both fee schedules shall apply.
(7)
In mixed-use developments, 3,000 gross square feet of commercial space shall equal one dwelling unit.
(8)
Owners of previously developed parcels of land containing less than the 35% minimum green space required by the zoning standards (190 Attachment 2[1]), but at least meeting the 15% green space required by this section may be permitted by the Planning Board to redevelop the parcel without fine or penalty so long as the redeveloped parcel maintains or exceeds its current percentage of green space. A "previously developed parcel of land" is one that met the zoning and site plan requirements in effect at the time it was approved and has been lawfully developed and maintained thereafter.
[1]
Editor's Note: See the Dimensional Table included as an attachment to this chapter.
(9)
Previously developed parcels of land with a density greater than 18,000 square feet per acre but less than the 24,000 square feet of GFA per acre may be redeveloped without fine or penalty so long as the redeveloped parcel maintains or decreases its current density. A "previously developed parcel of land" is one that met the zoning and site plan requirements in effect at the time it was approved and has been lawfully developed and maintained thereafter.
E.
Amenities.
[Amended 9-27-2012 by L.L. No. 10-2012; 3-24-2016 by L.L. No. 2-2016]
(1)
The following amenities may be accepted in exchange for an incentive as provided above. These amenities may be located either on the same lot as the project or located on another lot and may involve one or more parcels of land. Amenities other than cash may be located anywhere in the Town of Colonie; however, the Planning Board may reject amenities that are not of sufficient and equitable value to merit an incentive.
(a)
Permanent conservation easements: agricultural conservation, open space, scenic, ecological, historic or other types of permanent conservation easements. Proof of recording of easement is required prior to issuance of any building permit in connection with an incentive zoning proposal.
(b)
Permanent protection of land in fee simple for conservation and other community benefit purposes. Proof of transfer of ownership is required prior to issuance of any building permit in connection with an incentive zoning proposal.
(c)
Cash in accordance with the incentive unit schedules adopted by the Town Board, paid into the Town of Colonie's dedicated amenity zoning fund account, for use by the Town exclusively for the permanent protection of open space and/or environmental remediation in Colonie. Proposed cash must be placed in an escrow account to be held by the Town prior to issuance of any building permit in connection with an incentive zoning proposal.
(d)
Any other amenity, including donations of materials, services or both, and including other improvements deemed by the Town Board to be a benefit to the community and the people of the Town of Colonie, whether situate on public or private property, which is determined to be of sufficient value to merit an incentive.
(e)
Any combination of the above.
(2)
These amenities will be in addition to any other mandated requirements pursuant to other provisions of the Town of Colonie Code and any other applicable law or regulation.
(3)
The Town of Colonie Town Board shall adopt incentive unit schedules for both green space reduction and density increase, which it shall update as needed, establishing the minimum monetary value for each incentive unit. Incentive units for green space shall be valued based on reduction in the amount of required site green space, in increments of 5% of the total area of the site. The minimum value for each 5% green space reduction shall be based on an escalating scale where each additional 5% shall be valued at least 30% more than the prior 5%. Reductions of less than 5% shall be valued proportionately within each increment. Incentive units for density shall be valued based on the additional land area necessary to result in a density of 18,000 square feet per acre. The incentive unit schedules should be updated annually, but if not updated the prior schedules shall remain in effect.
§ 190-28 Administration and enforcement.
A.
The provisions of this article with respect to dimensional requirements other than minimum green space shall be primarily administered and enforced by the Building Department, which shall have the power to make necessary inspections.
B.
The provisions of this article with respect to minimum green space and incentive zoning shall be primarily administered and enforced by the PEDD, which shall have the power to make necessary inspections.