Guilderland City Zoning Code
ARTICLE III
District Uses
§ 280-6 Application.
No structure shall be erected, moved, altered or enlarged, no use shall take place, be moved, altered or enlarged, and no land development activity shall take place, except in conformity with the regulations for the district in which the lot, structure or use is located and other requirements of this chapter. Where this chapter imposes greater restrictions than those imposed or required by other rules or regulations or ordinances, the provisions of this chapter shall control.
§ 280-7 Classification of districts.
[Amended 6-5-2018 by L.L. No. 4-2018]
The districts shall be as follows:
Open Space District (OS) |
Agricultural District (A) |
Rural Agricultural-3 District (RA3) |
Rural Agricultural-5 District (RA5) |
Single-Family Residential Districts (R40, R30, R20, R15, and R10) |
Residential Overlay District (RO) |
Country Hamlet District (CH) |
Multiple Residence District (MR) |
Townhouse Dwelling District (TH) |
Planned Unit Development District (PUD) |
Manufactured Housing District (MH) |
Transit-Oriented Development District (TOD) |
Business Non-Retail Professional District (BNRP) |
Local Business District (LB) |
General Business District (GB) |
Industrial District (I) |
Industrial Park District (IP) |
§ 280-8 District locations and Official Zoning Map.
The boundaries for each district are indicated on the "Official Zoning Map of the Town of Guilderland," which is adopted by reference. The Zoning Map shall be kept in the office of the Town Clerk and shall bear the Seal of the Town of Guilderland, a certification that it is the "Official Zoning Map of the Town of Guilderland" and its date of adoption. Changes made in district boundaries or matters portrayed on the Zoning Map shall be affixed to the Zoning Map after approval of the amendment by the Town Board. The Zoning Map, the records of its adoption, and amendments shall be preserved by the Town Clerk.
§ 280-9 Interpretation of district boundaries.
A.
An interpretation as to district boundaries on the Zoning Map shall apply the following rules:
(1)
Where district boundaries are indicated as approximately following the center line or right-of-way line of streets, alleys, highways, railroads or streams, such lines shall be construed to be such district boundaries.
(2)
Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be the boundaries.
(3)
Whenever a district boundary divides a lot into two or more districts, the zoning regulations applicable to each portion of the lot shall apply.
(4)
Whenever a street, alley or public way is abandoned as authorized by law, the zoning adjoining each side of such street, alley or public way shall be extended to the center of the former right-of-way, and the area included in the abandonment shall be subject to all regulations of the extended district.
B.
In the event that none of the above rules is applicable, the location of such boundary, unless indicated by dimensions on the map, shall be determined by the Town Board upon recommendation of the Planning Board.
§ 280-10 Open Space (OS) District.
A.
Purpose. The purpose of the OS District is to delineate open, natural and forested areas as permanently protected open space, and to identify and preserve those areas conveyed to the Town or reserved as a condition of subdivision approval, site plan approval, or special use permit for recreational, aesthetic, environmental protection or buffering purposes.
B.
Permitted uses. The following uses and their accessory uses are permitted unless prohibited as a condition of an approved subdivision, site plan, or special use permit:
§ 280-11 Agricultural (A) District; Rural Agricultural (RA3, RA5) Districts.
A.
Purposes. The purposes of the Agricultural and Rural Agricultural Districts are to ensure an economic and physical environment for agricultural use of land. These districts are intended to support creative, low-impact development patterns, and land uses that are complementary to agricultural uses and protect natural resources, including the Watervliet reservoir and watershed as a source of drinking water. These districts promote the maintenance of the natural landscape and limit the adverse impacts of development through incorporation of the cluster or conservation development approach and related design flexibility. Nothing in this chapter shall supersede the applicable provisions of the Right-to-Farm Law, Local Law No. 3 of 2007 for Albany County, as may be amended.
B.
Permitted uses. The following uses and their accessory uses are permitted:
(1)
Agriculture or farming.
(3)
Family day-care home.
(4)
Group family day-care home.
(7)
Public building.
(8)
Recreation, passive.
(9)
Single-family dwelling.
(10)
Two-family dwelling, provided that it is located on a minimum of three acres.
(11)
Wildlife preserve and preserve of historic, scenic or scientific area.
C.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
(1)
Animal hospital.
(2)
Bed-and-breakfast with a maximum of four guest rooms.
(3)
Cemetery, provided that a burial, memorial plot or building shall be located a minimum of 100 feet from a residential lot line. A crematory shall be located only in a cemetery.
(4)
Day-care center, provided that it fronts on a state or county highway.
(5)
Nonprofit private school.
(6)
Public utility.
(7)
Religious institution.
D.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
Contractor yard or construction company.
(2)
Farm implement store, farm machinery sales and service, and other agricultural related business.
(3)
Garden facility/nursery.
(9)
Recreation, commercial, but not including such intensive commercial uses as a racetrack or amusement park.
(10)
Residential facility, independent-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(11)
Residential care facility, assisted-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(14)
Towing service.
[Added 9-5-2017 by Ord. No. 10-2017]
E.
Conservation subdivision. The Planning Board is authorized to require adherence to the residential cluster/conservation development regulations, § 280-35, for a subdivision application where, in the opinion of the Planning Board, the purpose of this section and applicable Town design guidelines cannot be met under conventional subdivision methods. A lot created under the residential cluster/conservation development regulations that is smaller than the minimum required dimensions shall be limited to residential uses only.
F.
Single lot exemption. The owner of a parcel of at least five acres in area in the RA3 District and at least seven acres in the RA5 District as depicted on the real property tax map on file with the Town Assessor as of June 1, 2005, may apply to the Planning Board for an exemption to subdivide, provided the applicant complies with the following:
(1)
Only one single lot exemption shall be permitted from any parcel.
(2)
Each lot created or remaining shall comply with the following:
(3)
The Planning Board shall render a determination that such application meets the requirements of this section. The plat shall be submitted for final approval to the Planning Board with the following notation: "The two new parcels created by this subdivision have been granted a one-time single lot exemption. Any further subdivision of the parent parcel shall meet the complete lot area and dimensional requirements of the current Town of Guilderland Zoning Code." The Town Assessor shall maintain a map and record of all parcels that have received the benefits of this one-time, single lot exemption provision.
§ 280-12 Single-Family Residential (R40, R30, R20, R15, R10) Districts.
A.
Purpose. The purpose of the Single-Family Residential Districts is to maintain and promote suitable residential living environments and protect their residential character. The districts provide for single-family homes and other compatible uses.
B.
Permitted uses. The following uses and their accessory uses are permitted:
(1)
Single-family dwelling.
(2)
Two-family dwelling, which may be constructed on a lot fronting on a state highway, provided that:
(a)
The lot size and width shall be 1 1/2 times the minimum required in this district;
(b)
The two-family dwelling unit shall have a maximum setback of 250 feet;
(c)
The lot has a T-, U- or other driveway as approved by the Zoning Inspector to ensure that motor vehicles do not have to back out onto the highway; and
(d)
A sidewalk is constructed along the right-of-way.
(4)
Family day-care home.
(5)
Group family day-care home.
(7)
Public building and park.
(8)
Recreation, passive.
(9)
Wildlife preserve and a preserve of scenic, historic and scientific areas.
C.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
(1)
Bed-and-breakfast with a maximum of four guest rooms, provided that the property is eligible for or listed on the National Register of Historic Places and has a minimum area of one acre.
(2)
Cemetery, provided that any burial, memorial plot or building shall be located a minimum of 100 feet from any residential lot line. Crematories shall be located only in cemeteries.
(4)
Public utility.
D.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
Community center.
(2)
Day-care center, provided that such center fronts on a state or county highway.
(3)
Driving range on a minimum of 12 acres, provided no food or alcohol is offered for public consumption.
(4)
Golf course.
(5)
Nonprofit private school.
(6)
Religious institution.
(7)
Residential facility, independent-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(8)
Residential care facility, assisted-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
§ 280-13 Residential Overlay (RO) District.
A.
Purpose. The purpose of the RO District is to encourage new development to gain ingress and egress directly with connector streets, thereby reducing traffic within subdivisions.
B. COLLECTOR STREET(1) (2) (3) (4)
Definitions. As used in this section, the following terms shall have the meanings indicated:
NYS Route 20 and NYS Route 146 shall be considered collector streets. The Town Board may add to or modify the list of collector streets upon the recommendation of the Planning Board and Superintendent of Highways. The Town Board shall consider the following criteria in adding to the list of collector streets:
Whether the road has a limited number of curb cuts, proper signalization at intersections, and access to intersections by means of left-turn lanes so as to permit the free flow of traffic and allow for the safety of pedestrians and motorists.
Whether the road has a dedicated pedestrian sidewalk.
Whether the road has a dedicated bicycle path.
Whether, in the opinion of the Superintendent of Highways, the road has been constructed to withstand current and anticipated levels of traffic. The Superintendent shall consider width of pavement, width of shoulders, depth of road base and the depth and condition of pavement top course.
C.
Access to collector street. The density of a subdivision may be increased by the Planning Board by up to 100% of the required density in a designated RO District, provided that such subdivision has a right of ingress to or egress from a collector street from the subdivision without passing on or over a noncollector street.
§ 280-14 Country Hamlet (CH) District.
A.
Purpose. The CH District provides for the development of land consistent with the design principles of traditional neighborhoods, including: compact, pedestrian-scale design; a mix of uses (limited-scale commercial, residential, civic, open space, etc.); a mix of housing styles and types; interconnected streets with sidewalks, multipurpose pathways and other amenities to encourage pedestrian and bicycle use; and links to existing and future developments, community centers, parks and recreation resources. These hamlets conserve rural landscapes as natural areas, working farms and forest lands providing substantial benefits and open space amenities to the residents of the hamlet and the greater community.
B.
Applicability. A CH District is limited to property located in RA3 or RA5 Districts. An application to rezone property to a CH District is a voluntary action by the applicant, with approval at the discretion of the Town Board. A CH District shall include a variety of allowed residential and commercial uses and shall reflect the principles and guidelines set forth in Town design guidelines and this section.
C.
Permitted uses. The following uses and their accessory uses are permitted:
D.
Requirements. A property included in a CH District application shall be compatible with the surrounding area and shall comply with the following requirements:
(1)
The minimum size is 160 acres. An application for property less than 160 acres may be considered when the property is located adjacent to an existing CH District, village, or hamlet area as determined by the Town Board.
(2)
Access to wastewater and water infrastructure.
(3)
Frontage on and access to a county or state highway.
(4)
Base density. The base density for residential and nonresidential uses is allowed as follows:
(a)
Residential uses. The maximum allowed residential density use is 0.8 dwelling unit per acre of buildable land. Multiple-family dwelling units may not exceed more than 20% of all allowed dwelling units.
(b)
Nonresidential uses. Nonresidential uses can be substituted for residential units subject to the following limitations:
[1]
The maximum allowed commercial use is 1,000 square feet per allowed dwelling units.
[2]
No single commercial structure shall exceed 25,000 gross square feet.
[3]
No more than 40% of the total allowed density may be dedicated to commercial uses.
Example: | Buildable Land: 80 acres | |
|---|---|---|
Maximum Residential Units: 0.8 (80 acres)=64 units | ||
Maximum Commercial Space: 0.4(64)x 1,000SF=25,600 square feet |
(5)
Density bonus. The Town Board may award a density bonus based on providing open space exceeding minimum requirements of this section or providing community amenities. Such open space and amenities may be located within or outside of the CH District or take the form of a monetary contribution to the parkland fund. The determination of bonuses shall be made by the Town Board as follows:
(a)
High percentage of conservation. Where a minimum of 75% of total acreage of the CH District is protected as conservation areas in perpetuity, the allowed base density may be increased by 25%.
(b)
Historic resources. Where a development protects historically significant buildings, resources, or landscapes, the allowed base density may be increased by 5%. Historical significance shall be established pursuant to the findings of the Town Historian and/or the NYS Office of Parks, Recreation and Historic Preservation.
(c)
Off-site linkages. Where a development includes linkages such as sidewalks to off-site resources and community amenities, the allowed base density may be increased by 10%.
(d)
Extension of public water. Where an applicant provides extensions of public water facilities along corridors and to areas where it is not provided, the allowed base density may be increased by 20%. Such public water extension shall be available for use by properties off of the applicant's development site.
(e)
Senior housing. Where a minimum of 25% of dwelling units or a minimum of 36 dwelling units are designed for and restricted to senior housing, the allowed base density may be increased by 25%.
(f)
Other. The Town Board may increase the allowed base density by up to 25% over the allowed base density based on the applicant providing additional amenities that meet the goals and objectives of this section and Town design guidelines.
(6)
Limits on density bonus. A density bonus shall not exceed 25% of the allowed base density, except where an applicant provides incentives regarding public water or senior housing. In these situations, the density may be increased up to 40% of the allowed base density.
(7)
Open space. The following open space requirements shall be provided:
(a)
A minimum of 60% of the property shall be open space and contain a minimum of 50% of the gross buildable area.
Example: | Site: 100 acres | |
|---|---|---|
Buildable Land: 80 acres | ||
Minimum Required Open Space: 60 acres containing 40 acres of buildable land |
(b)
Unless otherwise established by the Town Board, the Planning Board shall determine the amount of open space that shall be publicly accessible.
(c)
Allowed uses in open space shall be limited to the following:
(d)
Off-site open space. At the discretion of the Town Board, permanently protected open space located off of the development site may be included as part of the CH open space. Where off-site open space of permanently protected land is being offered for transfer of development intensity to the development area of the CH, the Town Board shall make a finding that the amount and quality of off-site acreage protected as open space is commensurate with the level of density transfer being awarded. The applicant shall show how these lands will have a demonstrable benefit to the CH District and the relationship between increased development in the hamlet area and the benefit of the open space area.
(e)
Contribution to Town open space fund. Where a contribution to the Town's open space fund is included and/or substituted for permanently protected land, the Town Board shall make a finding that such funds are commensurate with the level of density bonus allowed. Such funds should be sufficient for the purchase of an equivalent amount of open space related to the increase in density.
(f)
Enforcement of provisions. The Planning Board, as a condition of site plan approval, may require the applicant to file such documents as the Planning Board shall determine are necessary to protect and preserve the use of such open area in accordance with the intent of this section.
(g)
Conveyance of land. Nothing in this section shall prohibit open area created pursuant to this section to be conveyed to the Town for recreational use upon acceptance of the Town Board, or conveyed to a recognized conservation organization or other entity (e.g., school district, Pine Bush Commission) upon approval of the Town Board.
(8)
Dimensional requirements.
(a)
There are no dimensional requirements for the CH District. All dimensional standards shall be proposed by the applicant in the development plan in accordance with Town design guidelines and as approved by the Planning Board and/or Town Board.
(b)
The Planning Board is authorized to waive all dimensional requirements of this chapter, subdivision, and other regulations to allow for site layout and design that meet the purpose and goals of this section.
(c)
A table establishing setbacks for the CH District shall be included within the applicant's development plan.
(9)
Off-street parking. The requirements set forth in § 280-25 are used as a base to determine parking standards. For all uses, the total minimum amount of off-street parking required shall be reduced by 50%, with the exception of the following:
(10)
Trails and sidewalks. A CH District shall include a publicly accessible trail network and/or sidewalks connecting the development to surrounding areas.
E.
Review process. An application to rezone property to a CH District shall be reviewed in the same manner as a PUD under § 280-17E.
§ 280-15 Multiple Residence (MR) District.
A.
Purpose. The MR District allows for development of multiple-family residences to provide an appropriate mix of housing options to meet the diverse needs of residents. This district is located in areas with convenient access to commercial uses, highways and transit corridors and where public infrastructure and services are readily available.
B.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
C.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
D.
§ 280-16 Townhouse Dwelling (TH) District.
A.
Purpose. The TH District allows for the development of townhouse units to provide a housing alternative that meets the diverse needs of residents.
D.
Requirements.
(1)
Maximum density. The maximum density shall be six units per acre of buildable land.
(2)
Floor area. Townhouse dwelling units shall have a minimum of 1,000 square feet of habitable area and be not less than 20 feet in width.
(3)
There shall be no more than four townhouse units attached by common or party walls.
§ 280-17 Planned Unit Development (PUD) District.
A.
Purpose. The PUD District provides for flexible land use and design so that small- to large-scale neighborhoods can be developed that incorporate a variety of residential types and nonresidential uses, and which may contain both individual building sites and common property which are planned and developed as a unit. The PUD District shall include preservation of trees, natural topography and geologic features; efficient use of land resulting in smaller networks of utilities; interconnected streets; and a plan supportive of transit service and consistent with smart growth principles.
B.
Applicability. An application to rezone property to a PUD District is a voluntary action by the applicant, with approval at the discretion of the Town Board.
C.
Permitted uses. The following uses are permitted:
(1)
Residential uses. All residential uses shall be allowed. Housing types should be appropriate to and compatible with the surrounding area.
(2)
Nonresidential uses. All uses allowed in the Business Non-Retail Professional District (BNRP) and the Local Business District (LB) shall be allowed. Business uses should be appropriate to and compatible with the surrounding area.
D.
Requirements. A PUD application shall comply with the following requirements:
(1)
Access to municipal wastewater and water infrastructure.
(2)
Direct vehicular access to a county or state highway.
(3)
Setbacks.
(a)
Front setbacks shall meet the minimum requirements listed in the special highway access control and setback requirements in § 280-31.
(b)
Side and rear setbacks shall be established by the Planning Board through site plan approval, or may be specifically required by the Town Board, and identified on the site plan subdivision plat.
(4)
Open space. Adequate accommodations for parks and open space as set forth in § 280-36 shall be provided.
(5)
Off-street parking and loading requirements. Off-street parking and loading areas shall be provided as listed in § 280-25. The off-street parking requirements of two or more uses, structures or parcels may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in use. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space shall be evidenced by a deed, lease, contract or appropriate written document.
E.
Review process. An application to rezone property to a PUD shall be reviewed as follows:
(1)
Planning conference with the Town Planner. Prior to submission of an application, the applicant shall provide a description of the project to the Town Planner at a preapplication conference. The submittal shall include sketch plans prepared under § 280-53, a description of how the project meets the requirements of this section, and a narrative describing the project. The purpose of this conference is to discuss the purpose and goals of the district, review the approval process, ensure that the applicant has considered site plan design guidelines under § 280-39, and review the general project description. The Town Planner shall issue a report on the proposal to the Town Board.
(2)
Initial Town Board review. The Town Board shall make an initial decision whether to consider the proposal based on the report from the Town Planner and whether the proposal meets the intent of this section. If the Town Board decides to set a public hearing to consider the proposal, the applicant shall submit a formal rezoning application and sketch plan. The Town Board shall refer all such applications to the Planning Board for its review.
(3)
Planning Board sketch plan review. Before a public hearing is conducted by the Town Board, the applicant shall submit a sketch plan to the Planning Board under § 280-53. The Planning Board shall issue a report on the sketch plan to the Town Board.
(4)
Application to Town Board. Upon receipt of the sketch plan report from the Planning Board, the Town Board shall conduct a public hearing on the application.
(a)
The application shall follow the requirements set forth in § 280-58, Amendments, and shall include the sketch plan and the Planning Board sketch plan report.
(b)
The Town Board shall determine the appropriate land use intensity and dwelling unit density. When determining land use and dwelling unit density, the Town Board shall be guided by the allowed densities established in this chapter and any recommendation by the Planning Board.
(c)
The Town Board shall determine whether any additional information is necessary for the Town Board to make a determination of significance under SEQRA.
(5)
Preliminary site plan review. Upon the Town Board's determination of land use intensity and dwelling unit density, and SEQRA determination, the applicant shall submit a site plan showing existing conditions and future development pattern for preliminary review by the Planning Board. The plan shall be prepared in accordance with the regulations of this chapter and applicable Town design guidelines. The site plan shall be prepared as set forth in § 280-53E and also include the following:
(a)
Delineation of proposed open space, recreational, and civic areas by type (preserve, parkland, agriculture, common area, neighborhood green, or plaza).
(b)
Drawings indicating the architectural character and appearance of building types, including construction materials.
(c)
Streetscape drawings showing streets with travel lane dimensions and right-of-way widths, sidewalks, parking, streetlights, tree planting areas and other landscaping.
(d)
Use, size, location and height of all proposed buildings and structures, including building envelopes and dimensional standards.
(e)
A development schedule if phasing is proposed.
(6)
Preliminary approval. The Planning Board's decision shall state whether the development plan is approved, conditionally approved, or denied. The Planning Board's decision may include proposed revisions to be incorporated in the final site plan. If the preliminary site plan is disapproved, the Planning Board shall provide reasons for such findings or may recommend further study of the application and resubmission of the site plan to the Planning Board after it has been revised.
(7)
Town Board approval. Upon receipt of the Planning Board's preliminary site plan review, the Town Board shall hold a public hearing on the proposed rezoning. The Town Board shall deny, approve, or approve with amendments the rezoning application subject to final site plan review by the Planning Board in accordance with the procedures established in § 280-53. The Town Board may also refer any proposed amendment to the Planning Board for report and recommendation before adoption. If approved, the Town Board shall adopt a local law amending the official Zoning Map creating the PUD District. The map shall contain a reference to the local law's date of adoption and number. The local law shall reference the final site plan and any conditions of approval.
(8)
Subdivision approval. If the application requires subdivision approval, the Planning Board's preliminary approval and the Town Board's approval constitute subdivision approval under Chapter 247, Subdivision of Land, subject to the following conditions:
F.
Change in tenancy or use. A change in tenancy or use for which the Zoning Inspector makes a written determination that the change in tenancy is similar to a use allowed and/or consistent with conditions imposed in an approved PUD shall be allowed. A change in tenancy or use that is inconsistent with the approved PUD shall require an application for a PUD amendment to the Town Board.
G.
Financial responsibility. No building permit shall be issued until all public improvements are installed or a letter of credit posted under NYS Town Law § 277 or escrow account established to cover costs of the improvements.
H.
Lapse. The Town Board shall consider a provision whereby approval of PUD may lapse or become void upon failure of the applicant to proceed with construction of the development in a timely manner or should the applicant otherwise fail to meet conditions of approval. The Town Board may consider rezoning the parcel(s) back to the zoning designation prior to approval of the PUD.
I.
Continuing jurisdiction. The jurisdiction of the Planning Board shall continue until all of the structures, streets, green/parkland areas and improvements shown on the final approved site plan have been either fully completed or dedicated. The Planning Board shall have the authority to direct the Chief Building Officer to issue a stop-work order if at any time it is determined that said structures, streets, green/parkland areas and improvements are not in conformity with the final approved site plan.
§ 280-18 Manufactured Housing (MH) District.
A.
Purpose. The MH District provides for operating and maintaining manufactured housing units.
C.
Requirements.
(1)
Water supply and sewerage. No manufactured housing community shall be established except in an area serviced by a municipal water supply and distribution system and municipal sanitary sewer system to which each manufactured housing unit shall be connected. Each manufactured housing unit shall grant to the Town such easements, for water and sewer use, as deemed necessary by the Superintendent of Water and Wastewater Management.
(2)
Land area. A manufactured housing community shall contain not less than 25 acres and shall be laid out in consecutively numbered unit lots with a minimum area of 7,500 square feet, each of which shall be a minimum of 50 feet in width at the front installation point.
(3)
Use and accessory uses. The use within a manufactured housing community shall be residential and may include accessory uses, including a garage for vehicles, storage, laundry, and recreational facilities for the sole use of residents of the court.
(4)
Streets.
(a)
Entrance roads. Entrance roads leading into or out of a manufactured housing community shall be a minimum width of 50 feet and shall be constructed on compacted gravel. The width and depth of the gravel shall be determined based upon soil conditions existing at the site. The entrance road shall be surfaced to a minimum width of 30 feet in asphalt concrete material three inches in depth and shall be provided with a water drainage system designed to convey surface water into a natural watercourse.
(b)
Interior streets. Interior streets shall be not less than 35 feet in width and shall be constructed on compacted gravel. The width and depth of the gravel shall be determined as provided in Subsection C(4)(a). Such streets shall be surfaced to a minimum width of 30 feet with an asphalt concrete material three inches in depth and shall be provided with a water drainage system to convey surface water into a natural watercourse.
(c)
Underdrains. The Planning Board is authorized to require underdrains whenever it finds such facilities to be reasonably necessary to the preservation and maintenance of roads and streets.
(5)
Number of manufactured housing units. No manufactured housing community shall contain more manufactured housing units than the number of lots approved by the Planning Board. No more than one manufactured housing unit shall occupy a single-unit lot, and no manufactured housing unit shall occupy land area not designated as a unit lot.
(6)
Size of manufactured housing unit. A manufactured housing unit shall have a minimum of 850 square feet of floor area.
(7)
Buffer zone. A manufactured housing community shall be buffered from surrounding properties and highways by a minimum twenty-five-foot-wide strip of land which shall be maintained as an undeveloped area abutting all adjoining property lines. No part of a lot, dwelling, or structure shall be placed within such buffer zone.
(8)
Setbacks. No manufactured housing unit or service building shall be closer to a public street or highway or public street or highway right-of-way than 50 feet or closer to a court property line than 30 feet. No manufactured housing unit or structural extension thereof, or accessory building shall be placed on a unit lot within 12 feet of a lot side line or 20 feet of a lot front or rear line.
(9)
Off-street parking. Each lot shall be provided with a driveway surfaced with asphalt concrete material, designed and laid out to provide for no less than two off-street parking spaces, each having a minimum width of nine feet and minimum length of 20 feet.
(10)
Open area. A manufactured housing community shall provide and maintain a minimum open space area of 10% of the total area. The use of such open areas shall be limited to recreational and agricultural purposes, and no structure shall be erected upon the lands of such open areas except such as shall be determined by the Planning Board to be incidental to such recreational or agricultural use.
(11)
Skirting. Except where the area between a manufactured housing unit and the ground level is fully enclosed by a perimeter foundation, a manufactured housing unit shall have perimeter skirting to conceal its wheels, chassis, and appurtenances under the dwelling.
(12)
Foundation. Each manufactured housing unit shall be securely anchored to a masonry foundation with a minimum width of eight inches in width and extending 18 inches below ground level. Such foundation may be constructed in the form of a perimeter foundation, lateral runners, longitudinal runners or pillars. The manufactured housing unit shall be attached to such foundation in not less than four adequately spaced locations by attaching devices capable of withstanding a tension force of a minimum 2,800 pounds at the point of attachment.
(13)
Fuel tank. A fuel tank shall be screened so as to be hidden from view.
(14)
Signs. No commercial sign shall be displayed, except that a manufactured housing community may display at each public entrance a sign not exceeding six square feet in area on each side indicating the name of the manufactured housing community.
(15)
Streetlights. A manufactured housing community shall provide and maintain streetlights within such court in order to adequately illuminate the streets of the court. The placement and number of these lights shall be included in a plan presented to the Planning Board for its review and approval.
(16)
Landscaping. The manufactured housing community shall provide a landscaping plan for review by the Planning Board. The plan shall show plantings, placement of green space and buffer zones, and the types of vegetation on these and shall include the placement of at least two trees on each lot with a minimum diameter of two inches.
(17)
Accessibility. Entrances and exits connecting with public streets shall intersect with such streets at 90° angles. Streets within a manufactured housing community shall be laid out and designed so as to provide an unimpeded flow of vehicular traffic to all manufactured housing units. A street terminating within the court shall be provided with a turnaround or a cul-de-sac with a minimum radius of 70 feet.
(18)
Building Code. The provisions of the NYS Uniform Fire Prevention and Building Code, to the extent applicable to manufactured housing units, shall apply to the installation, construction, reconstruction, renovation, modification, remodeling, rehabilitation, and occupancy of a manufactured housing unit.
D.
Prohibitions. No manufactured housing unit shall be used, occupied or inhabited for a purpose within the Town except within a manufactured housing community. No area within the Town shall be used as a manufactured housing community except within an MH District. Nothing contained in this subsection shall be construed as preventing the parking or storing of uninhabited manufactured housing units for the purpose of wholesale or retail sales or leasing by a vendor duly authorized to engage in such sale or leasing by site plan approval in an area zoned for nonresidential use. Nothing contained in this chapter shall be construed as prohibiting the replacement of a manufactured housing unit in a manufactured housing community in existence on the effective date of the enactment of this section. Nothing contained in this chapter shall be construed as prohibiting the replacement of a manufactured housing unit on a site outside of a manufactured housing community where such site has been continuously occupied by a manufactured housing unit since July 7, 1958, and where such manufactured housing unit has been continuously inhabited since that date, such replacement being subject to the provisions of § 280-32.
§ 280-18.1 Transit-Oriented Development (TOD) District.
[Added 6-5-2018 by L.L. No. 4-2018]
A.
Purpose. The Transit-Oriented Development (TOD) District is designed to implement the recommendations of the Westmere Corridor Study (study) by using an overlay district to support and incentivize development that adequately protects nearby residential neighborhoods and utilizes resources within and near the TOD's boundary, including regional shopping, entertainment, and employment centers, a robust transit service with high ridership and proposed enhancements, direct vehicle access to the interstate highway system, and a nearby local business community. The TOD District encourages more compact development, traffic-calming measures, better access management, improving the environment for non-automobile-oriented modes of transportation, reducing the number of required parking spaces, supporting mixed-use buildings and pedestrian linkages, and focusing intense development away from existing residential neighborhoods.
B.
Boundary and applicability. The boundary of the TOD shall be as described in the attached Schedule A.[1] To the extent that any provision of this section conflicts with other sections in Chapter 280, the provisions of this section shall control.
[1]
Editor's Note: Schedule A is on file in the Town offices.
D.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
A use listed as a special use in the GB and MR Districts unless prohibited in Subsection E(1) below.
(2)
Other uses not specifically listed here but approved by the Zoning Board as being of a similar nature or consistent with the goals of the TOD District. Under no circumstances shall a use allowed only in the IP or I District be permitted in the TOD District.
F.
Dimensional, site and other requirements. Except as provided in this subsection, the dimensional, site and other requirements applicable to uses that are permitted or authorized in this district are set forth in Articles III and IV.
(1)
Minimum lot size: 25,000 square feet.
(2)
Maximum lot coverage: 75%. To encourage consolidation of green space, a reviewing board may consider all property within the TOD District which is owned or controlled by an applicant if the green space is identified on an approved site plan.
(4)
Maximum building height:
(a)
For buildings located within 75 feet of Western Avenue: 35 feet.
(b)
For buildings located between 100 feet and 150 feet of the boundary of a residential district located outside the TOD District: 35 feet.
(c)
For buildings located more than 150 feet from the boundary of a residential district located outside the TOD District: 55 feet.
(d)
Notwithstanding the foregoing, the dimensional requirements relating to hotels shall be as provided in this chapter.
(5)
Minimum building setbacks:
(a)
One hundred feet from the boundary line of a residential district located outside the TOD District.
(c)
The minimum setback requirements set forth in § 280-24B(7) for district boundaries are not applicable.
G.
Additional site plan design guidelines. In addition to the site plan design guidelines in § 280-39, the following site plan design guidelines are recommended to promote the purposes of the TOD District:
(1)
Access and circulation.
(a)
The use of access management, traffic-calming, pedestrian, bicycle and transit improvements in design and layout is encouraged. The TOD District's features are central to successful development, including underutilized land adjacent to major destinations that attract high volumes of people (such as shopping, entertainment and employment centers within close proximity to one another) which can support high ridership transit stops.
(b)
Vehicular traffic should be directed, if feasible, to the existing Crossgates Mall Ring Road in order to internalize circulation within the TOD District and relieve traffic pressures on Western Avenue.
(c)
Compact development form with an enhanced pedestrian, bicycle and transit presence is encouraged.
(d)
Future street connections and extensions should be considered, particularly for providing access to underutilized outparcels to the Crossgates Mall Ring Road.
(2)
Pedestrian and bicycle facilities.
(a)
Pedestrian and bicycle facilities within the TOD District should be developed and designed to effectively link uses both within the district and adjacent to the district where feasible to expand and complement bicycle movements and networks in the community.
(b)
Bicycle parking, pedestrian seating, and transit shelters should be visible and conveniently located throughout the TOD District.
(3)
Landscaping and open spaces.
(a)
Landscaping, berms and buffers should be utilized to screen neighboring residential uses and extended parking fields.
(b)
Landscaping should be designed to serve multiple functions, including softening and framing building structures, highlighting building and vehicle entrances, defining pedestrian movement, screening undesirable views, and serving stormwater management functions, and accommodating the goals of the TOD District. The security of walking and biking environments should be considered.
(c)
Appropriately located natural open spaces, recreational areas and pedestrian amenities shall be considered in coordination with adjoining uses.
H.
Additional building design guidelines. In addition to the building design standards set forth in § 280-39C, the following building design guidelines are recommended to promote the purposes of the TOD District:
(1)
Mixed-use building. The street level side of a mixed-use building should be designed to accommodate commercial use.
(2)
Scale and massing. The size and height of buildings should transition from the core area of the TOD District towards its boundary with existing adjacent residential neighborhoods. Architectural features, such as bay windows, porches, porticoes, building extensions, towers, recessed doorways, and similar treatments should be used to establish and reinforce the character of the area.
(3)
Orientation. Buildings should be oriented towards a street or internal driveway.
(4)
Sustainability. To the extent practicable, building and site design incorporate elements of ecological and sustainable principles, including elements identified by the United State Green Building Council LEED® green building rating program, the Brownfields program, and higher-quality pedestrian and bicycle amenities.
§ 280-19 Business Non-Retail Professional (BNRP) District.
A.
Purpose. The BNRP District provides for nonretail, professional, mixed uses, and employment opportunities that are accessible to residential neighborhoods. This district is intended to act as a transition area between residential and commercial districts. Shared access and rear yard parking among uses is encouraged, and new development shall be compatible with the general character and residential scale of adjacent buildings and should result in an overall design that complements the existing character of the streetscape. The uses in this district require review of the impacts of lighting, noise, odors, and hours of operation on nearby properties.
B.
C.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
D.
Special uses. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
Animal hospital.
(2)
Day-care center, provided that it fronts on a state or county highway.
(5)
Mortuary or funeral home.
(6)
Newspaper office, printing shop not exceeding 7,500 square feet of gross floor area.
(7)
Nonprofit institution for charitable, religious, cultural or community social purposes, but not including retail activities.
(8)
Office, general exceeding 2,500 square feet of gross floor area.
(9)
Office, medical exceeding 2,500 square feet of gross floor area.
(10)
Private school, but not including business, dancing, trade or other commercially oriented school.
(11)
Public utility substation and uses, excluding power plant or repair yard, maintenance or storage facility or uses of a similar nature.
(12)
Religious institution.
(13)
Residential care facility, independent-living, see § 280-40, Supplemental regulations.
[Amended 5-21-2019 by L.L. No. 7-2019; 9-17-2019 by L.L. No. 10-2019]
(14)
Other uses not specifically listed here, but determined by the Zoning Board to be of a similar nature. Under no circumstances shall a use specifically listed in the LB, GB, IP or I District be permitted in the BNRP District.
§ 280-20 Local Business (LB) District.
A.
Purpose. The LB District provides for shopping, dining, professional services, and employment opportunities that are accessible from residential neighborhoods. This district provides additional alternative housing opportunities within mixed-use buildings. This district is located along highways and transit corridors and allows uses that are more intensive than those allowed in the BNRP District. The uses in this district require review of the impacts of lighting, noise, odors, and hours of operation on nearby properties.
B.
C.
Site plan uses. The following uses and their accessory uses are authorized by site plan approval under § 280-53:
(1)
A use listed as a site plan use or special use permit in the BNRP District.
(2)
Bed-and-breakfast consisting of four guest rooms or fewer.
(3)
Office, general not exceeding 20,000 square feet of gross floor area.
(4)
Office, medical not exceeding 20,000 square feet of gross floor area.
(5)
Recreation, passive.
D.
Special uses. The following uses and their accessory uses are authorized by special use permit pursuant to § 280-52:
(1)
Auto accessories and parts (excluding repairs), provided that such use does not occupy or exceed 7,500 square feet of gross floor area.
(2)
Bakery.
(3)
Bank, credit union, and financial institution, including automobile drive-through.
(4)
Billiard hall, provided that no alcoholic beverages are sold or served on the lot.
(5)
Bowling alley.
(7)
Convenience store, food only.
(8)
Garden facility/nursery.
(10)
Hotel, Local.
(13)
Laundromat or dry-cleaning establishment.
(15)
Office, general exceeding 20,000 square feet of gross floor area.
(16)
Office, medical exceeding 20,000 square feet of gross floor area.
(17)
Residential care facility, assisted-living, see § 280-40, Supplemental regulations.
[Amended 9-17-2019 by L.L. No. 10-2019]
(19)
Restaurant, sit-down.
(20)
Retail, local.
(22)
Shopping center, local.
(23)
Other uses not specifically listed here, but determined by the Zoning Board to be of a similar nature. Under no circumstances shall a use specifically listed in the GB, IP, or I District be permitted in the LB District.
§ 280-21 General Business (GB) District.
A.
Purpose. The GB District provides a broader range of commercial uses that are more intensive than those allowed in the LB District. This district is located in areas with direct access to state and county highways and transit service and provides a wide variety of goods and services that serve Town and regional needs.
B.
D.
Special use permits. The following uses and their accessory uses are authorized by special use permit under § 280-52:
(1)
A use listed as a special use permit in the LB District.
(2)
Amusement arcade in shopping center, regional.
(3)
Animal hospital.
(5)
Automobile accessories and parts (excluding repairs).
(7)
Bar or tavern.
(8)
Bus passenger terminal.
(9)
Car wash.
(10)
Clinic, dental or medical.
(11)
Club.
(12)
Commercial school such as barber, beauty, art and dancing studio and similar use.
(13)
Convenience store, gas.
(14)
Dance hall, discotheque, skating rink, billiard hall.
(16)
Hospital.
(18)
Motel.
(19)
Office, general exceeding 20,000 square feet of gross floor area.
(20)
Office, medical exceeding 20,000 square feet of gross floor area.
(21)
Places of public assemblage.
(22)
Printing and copy shop.
(23)
Public utility substation and uses.
(24)
Recreation, commercial.
(25)
Rental of trucks, trailers, etc., associated with automobile service stations or other uses.
(26)
Restaurant, sit-down, drive-through, and fast-food.
(27)
Retail, general.
(28)
Shopping center, general.
(29)
Shopping center, regional.
(31)
Theater (not including drive-in theater).
(32)
Towing service.
[Added 9-5-2017 by Ord. No. 10-2017[1]]
[1]
Editor’s Note: Former § 280-21D(32) , as amended, was redesignated as § 280-21D(33).
(33)
Other uses not specifically listed here, but determined by the Zoning Board to be of a similar nature. Under no circumstances shall a use specifically listed in the IP or I District be permitted in the GB District.
§ 280-22 Industrial (I) District.
A.
Purpose. The I District provides for research- and development-oriented industries and other manufacturing uses which utilize advanced technology without adverse effects from smoke, noise, odors, dust and dirt. This District is also intended to attract and encourage light industrial use and light manufacturing uses with minimal environmental impacts, and where heavier industry is inappropriate due to environmental concerns or close proximity to residences.
[Amended 2-7-2017 by L.L. No. 3-2017]
B.
Permitted use. The following use is permitted:
(1)
A change in tenancy for which the Zoning Inspector makes a written determination that:
C.
Site plan uses. The following uses and their accessory uses are authorized by Site Plan approval under § 280-53:
[Amended 9-20-2016 by L.L. No. 5-2016; 2-7-2017 by L.L. No. 3-2017]
D.
E.
Prohibited uses. The following uses are expressly prohibited in the I District and any other district:
[Amended 2-7-2017 by L.L. No. 3-2017]
(1)
Asphalt manufacture or refining.
(2)
Disinfectant and insecticide manufacture.
(3)
Explosives, fireworks or match manufacture, assembling or storage.
(4)
Fuel, gasoline, oil storage other than fueling service at an approved truck stop.
(5)
Hydraulic fracturing or hydro-fracking.
(6)
Junkyard.
(7)
Manufacturing, hazardous heavy.
(8)
Oil or gas drilling or exploration.
(9)
Petroleum refining.
(10)
Poisons manufacture.
(11)
Use, storage or disposal of industrial hazardous wastes as listed under Title 9 of Article 27 of the New York State Environmental Conservation Law.
(12)
Sulfurous, sulfuric, nitric, picric or hydrochloric acid or other corrosive or offensive acid manufacture, or their use or storage, except on a limited scale as accessory to a permitted industry.
(13)
A use which, in the opinion of the Zoning Board or Planning Board, is or is likely to be noxious or offensive due to the emission of odor, smoke, toxic or noisome fumes, radiation, gas, noise, vibration or excessive light, or combination thereof, or is likely to be harmful or injurious to public health, safety or the general welfare.
F.
Special requirements for I District. In addition to standards and regulations herein prescribed, all uses in the I District shall be subject to the following specific regulations:
(1)
No use shall:
(a)
Cause the emission of excessive smoke, fumes, gas, odors or other atmospheric pollutant beyond the boundaries of the district and, for the purpose of this subsection, smoke shall be deemed excessive when its shade or appearance is darker than Number 2 on Ringelmann's Scale for Grading Density of Smoke.
(b)
Cause noise audible beyond the boundaries of the I District.
(c)
Discharge waste material into a sanitary disposal system or sewerage system, except as permitted by the public health authorities of the municipality controlling such sewerage system and as permitted by the Town with respect to a Town-owned or -operated sewerage system.
(d)
Store or stock any putrid waste material.
(e)
Discharge waste materials, radioactive materials, hazardous chemicals or other contaminants onto or into the ground or air.
(2)
Requirements. An allowed use shall comply with the following requirements:
(a)
Store all materials, supplies, finished or partially finished products on the rear half of the premises screened from any existing or proposed street.
(b)
Loading docks and other facilities for the handling of freight and materials only on those sides of a building not facing a street or proposed street.
(c)
Landscape the unoccupied or unused portion of the premises with lawn, trees, shrubs or other plant material with due consideration to the natural growth and the nature and condition of the terrain.
(d)
Where the premises adjoin a Residential District, in addition to fencing requirements, provide a landscaped buffer strip along the district boundary with a minimum width of 100 feet.
(e)
Additional conditions and requirements as may be imposed by the Zoning Board of Appeals or Planning Board where applicable upon review of a proposed development.
G.
General site design.
(1)
There shall be an adequate, safe and convenient arrangement of roadways, driveways, off-street parking and loading space.
(2)
Buildings, vehicular circulation and open spaces shall be arranged so that pedestrians are not unnecessarily exposed to vehicular traffic.
(3)
Coordinated site design, including, but not limited to, shared parking and circulation systems, stormwater management, signs, landscaped areas and garbage collection, is encouraged for adjacent similar uses.
§ 280-23 Industrial Park (IP) District.
A.
Purpose. The IP District provides for development of industrial parks that will accommodate light industrial manufacturing, warehousing, distribution facilities, technological, research, computer, telecommunication uses, offices and similar activities in a well-designed and landscaped setting without adverse effects from smoke, noise, odors, dust and dirt. These areas should he developed to maximize investment in infrastructure, minimize impact on nearby development and offer state-of-the-art facilities. It is the intent of this district to:
[Amended 2-7-2017 by L.L. No. 3-2017]
(1)
Provide a planned business and industrial park environment;
(2)
Assure adequate Town control over the physical and visual design of the developed areas;
(3)
Provide flexibility to respond to the needs of business without adversely impacting adjacent development or neighborhoods; and
(4)
Provide for major economic development opportunities.
B.
Permitted uses. The following accessory uses that are customary and incidental to a site plan use under § 280-23C or a special use permit under § 280-23D are permitted:
(1)
Accessory structure not exceeding 20 feet in height or 400 square feet in gross floor area, except as provided in § 280-24.
(2)
Day-care center for exclusive use of employees and guests of a principal use.
(3)
Medical offices for employees and guests of a principal use.
(4)
Recreational, commercial for the exclusive use of employees and guests of a principal use.
(5)
Restaurant for the exclusive use of employees and guests of a principal use.
(6)
Storage of equipment, goods or materials.
(7)
Training center for employees of the principal use.
(8)
A change in tenancy for which the Zoning Inspector makes a written determination that:
C.
Site plan uses. The following uses are authorized by site plan approval under § 280-53:
D.
Special uses. The following uses are authorized by special use permit under § 280-52:
[Amended 2-7-2017 by L.L. No. 3-2017]
(2)
Manufacturing.
(3)
Recreation, commercial.
(4)
Recyclables handling and recovery facility. Solid waste which the facility does not intend to recover and does not contain putrescible material may be stored for a maximum of two weeks. Solid waste or recyclables shall not be stored in such a manner that they become a nuisance or a sanitary or environmental problem. All indoor and outdoor storage and handling areas shall include appropriate fire detection and protection equipment and be accessible by firefighting equipment. All outdoor storage areas shall be properly screened by landscaping and/or fencing from adjacent or nearby properties.
(5)
Truck stop, provided that access to the industrial park is secure and not provided to the general public.
F.
Special requirements for the Northeastern Industrial Park. All uses in the Northeastern Industrial Park shall also be subject to the following special requirements:
(1)
Future access point, surrounding roadway improvements and other mitigation measures shall be provided for as stated in the Generic Environmental Impact Statement (June 2005) and Town Board Findings Statement.
(2)
For buildings along County Route 201, exterior building colors shall be light, non-gloss neutral tones, with brighter or contrasting colors used for accents.
(3)
Site lighting shall consist of 400 watt (max) or lesser equivalent measurement in lumens mounted on 30 feet high maximum poles. Building-mounted lighting shall have full cut-offs to direct the lighting downward.