Halfmoon City Zoning Code
ARTICLE V
Use Regulations
§ 165-9 A-R Agriculture-Residence District.
The following use regulations shall apply in any A-R Agriculture-Residence District:
A.
Permitted uses:
(1)
Farms, equestrian facilities and customary uses incidental thereto as well as commercial woodlot or reforestation areas.
(2)
One-family dwelling.
(5)
Accessory uses or structures, including private garages, garden house, toolhouse and similar uses for the exclusive use of the residents only; customary agricultural operations, barns, silos, livestock shelters or greenhouses.
B.
Uses permitted upon issuance of a special permit by the Planning Board subject to the site plan review and approval provisions of Article VI.
(1)
Funeral home.
(2)
Nursing and convalescent homes, proprietary adult-care homes, hospitals, and medical facilities.
[Amended 9-19-2012 by L.L. No. 3-2012]
(3)
Federal, state, public building or use, including private schools accredited by the New York State Department of Education.
(4)
Private or public recreation or playground area, golf club, country club, or other open recreation uses, but not including amusement parks.
[Amended 6-19-2019 by L.L. No. 8-2019]
(5)
Marina and customary uses incidental thereto.
(6)
Public utility use or structure.
(7)
Church or other place of worship, parish house, rectory or convent.
(8)
Cemetery.
(9)
Home occupation.
(10)
Farm-related uses: farm equipment sales, feed storage, agricultural processing plants.
(11)
Bed-and-breakfast homestay.
(12)
Two-family dwellings.
[Added 9-19-2012 by L.L. No. 3-2012]
§ 165-10 R-1 Residence District.
The following use regulations shall apply in any R-1 Residence District:
A.
Permitted uses:
(1)
Farms, equestrian facilities and customary uses incidental thereto as well as commercial woodlot or reforestation areas.
(2)
One-family dwelling.
(5)
Accessory uses or structures, including private garages, garden house, toolhouse and similar uses for the exclusive use of the residents only; customary agricultural operations, barns, silos, livestock shelters or greenhouses.
B.
Uses permitted upon issuance of a special permit by the Planning Board subject to the site plan review and approval provisions of Article VI.
(1)
Funeral home.
(2)
Nursing and convalescent homes, proprietary adult-care homes, hospitals, and medical facilities.
[Amended 9-19-2012 by L.L. No. 3-2012]
(3)
Federal, state, public building or use, including private schools accredited by the New York State Department of Education.
(4)
Private or public recreation or playground area, golf club, country club, or other open recreation uses but not including commercial facilities or amusement parks.
(5)
Marina and customary uses incidental thereto.
(6)
Public utility use or structure.
(7)
Church or other place of worship, parish house, rectory or convent.
(8)
Cemetery.
(9)
Home occupation.
(10)
Farm-related uses: farm equipment sales, feed storage, agricultural processing plants.
(11)
Bed-and-breakfast homestay.
(12)
Two-family dwellings.
[Added 9-19-2012 by L.L. No. 3-2012]
§ 165-11 R-2 Residence District.
§ 165-12 R-3 Residence District.
The following use regulations shall apply in any R-3 Residence District.
§ 165-13 Professional Office/Residence District.
The purpose of this district is to allow a combination of professional offices and residential uses. It is intended to provide a transition along heavily travelled roadways between these uses. Office uses are intended to be service-oriented rather than sales-oriented. The goal is to maintain the residential character of these areas while allowing nonresidential uses which do not generate large amounts of additional traffic.
A.
Permitted uses:
(1)
Any use permitted in the R-1 Residence District.
(2)
Professional offices such as, by way of illustration but not limitation, medical, legal, engineering, insurance, photography, architect and real estate offices.
(3)
Barbershop or beauty parlor.
(4)
Home occupation.
(5)
Bed-and-breakfast homestay.
(6)
Other uses deemed acceptable by the Planning Board.
B.
Other requirements:
(1)
Existing structures may not be altered to the extent that they conflict with the residential character of the area.
(2)
New structures must be designed to reflect the residential character of the area. Structures must be compatible with the scale and appearance of other residential structures.
(3)
The lot must be able to support adequate parking, and parking must be arranged in such a way as to not impact surrounding uses. All parking shall be to either the side or rear of the structure when practicable. Adequate screening for parking areas as determined by the Planning Board shall be provided.
(4)
All lighting for parking areas and walks and/or entrances shall be residential in style. Lightpoles or building-mounted lighting may be used. The maximum height shall be eight feet and all light shall be directed downward so as not to impact surrounding properties.
(6)
No portion of any site shall be used for temporary and/or permanent storage or display of any product or material or for parking of any vehicles and/or storage containers or for the conduct of any other business operations, unless specifically designated for such use on an approved site development plan.
[Added 2-1-2005 by L.L. No. 2-2005]
§ 165-14 C-I Commercial District.
[Amended 2-1-2005 by L.L. No. 2-2005; 2-3-2009 ; 8-4-2009; 5-3-2017 by L.L. No. 1-2017; 6-5-2024 by L.L. No. 2-2024; 10-2-2024 by L.L. No. 5-2024]
The following use regulations shall apply in any C-I Commercial District, subject to the site plan review and approval requirement provisions of Article VI.
A.
Permitted uses:
(1)
Retail store, including food, drug, hardware, apparel, appliance, furniture, antique sales, nurseries and garden supply stores and similar retail uses.
(2)
Service uses, including beautician, laundromat, home appliance, barbershop, light equipment rental and similar service uses.
(3)
Offices: business, professional, governmental, financial, banks.
(4)
Motels, hotels, inns and restaurants, including fast-food restaurants.
(5)
Churches and other places of worship, Sunday school buildings.
(6)
Public buildings, including post office, Town hall, fire station, library.
(7)
Lodges and fraternal organizations.
(8)
Electrical distribution substation and other public utility structures.
(9)
Funeral home.
(11)
Accessory buildings and uses incidental to a permitted principal use.
(12)
Residential dwellings when incidental to any principal use.
(13)
Sales of motor vehicles, farm implements, boat or trailer sales, or rental thereof, including accessory service.
(14)
Automobile repair, painting and collision service when conducted entirely within a completely enclosed building.
(15)
Building material sales yard, lumberyard including millwork and cabinetmaking.
(16)
Bowling alley, theaters, skating rink, amusement parks and other places of public amusement.
(17)
Gasoline service station.
(18)
Bed-and-breakfast inn.
(19)
Self-service storage facility.
(20)
Farm equipment sales, agricultural products, processing plants or feed storage.
(21)
Farms, equestrian facilities and customary uses incidental thereto as well as commercial woodlot or reforestation areas.
(22)
Sales of rental vehicles so long as they are vehicles originally purchased for rental by the on-site business. Sales of rental vehicles which were rented and/or maintained at another location shall be prohibited.
(23)
Schools.
(24)
Modification or expansion of preexisting residential uses in nonresidential zones.
(25)
Private or public outdoor and indoor recreation, sports, athletic, gyms and other similar recreational uses.
B.
Uses permitted upon issuance of a special permit by the Planning Board, subject to site plan review and approval provisions of Article VI:
(1)
Newspaper and job printing.
(2)
Laboratory research, experimental or testing, provided that no operation shall be conducted which may cause hazardous, noxious or offensive conditions.
(3)
Subdivision of preexisting residential uses in nonresidential zones.
(4)
No portion of any site shall be used for temporary and/or permanent storage or display of any product or material or for parking of any vehicles and/or storage containers or for the conduct of any other business operations, unless specifically designated for such use on an approved site development plan.
(5)
Drive-in or drive-through establishments.
(6)
Private or public outdoor and indoor recreation, sports, athletic, gyms and other similar recreational uses.
C.
General requirements:
(1)
A minimum of twenty-percent green space must be incorporated into development plans. A minimum of 50% of the above-referenced green space shall be set aside for snow storage (i.e., no shrubbery or plantings).
(2)
No front yard storage is allowed. All storage areas must be to the rear and side of the building and properly screened.
(3)
All loading should occur to the rear and side of the building if practicable. Loading and docking areas must be screened from adjacent properties.
(4)
Illumination of buildings, landscaping and parking areas:
(a)
Average levels of illumination for all building, landscaping and parking shall not significantly exceed minimum levels necessary for safety and security lighting, shall not needlessly encroach on adjacent properties and shall be so arranged as to prevent direct glare onto any adjacent property or highway. Wall pack lighting units and directional floodlights are prohibited.
(b)
Pedestrian-scale lighting shall be on fixtures not exceeding 15 feet in height. These can be freestanding fixtures located along sidewalks. Luminaires without cutoffs are acceptable for pedestrian-level lights. Luminaires should fit the design palette of the project while complementing other nearby architectural styles.
(c)
Parking and circulation lighting fixtures shall not exceed 25 feet in height and are required to have 90° cutoff-type luminaires to prevent light above the fixture.
§ 165-15 LI-C Light Industrial-Commercial District.
[2-1-2005 by L.L. No. 2-2005; 2-1-2005 by L.L. No. 2-2005; 8-4-2009; 5-3-2017 by L.L. No. 1-2017; 6-5-2024 by L.L. No. 2-2024; 10-2-2024 by L.L. No. 5-2024]
The Light Industrial-Commercial District is intended to permit light industrial and commercial uses in areas utilizing existing or proposed access to major roads. This district is intended to encourage the use of common access and utilities and large-scale campus development and to discourage a strip form of development. There is an overlap in many of the permitted uses in the C-1 Zone. The intended difference between these districts will be primarily a function of scale and site design.
A.
Permitted uses:
(1)
Retail store, including food, drug, hardware, apparel, appliance, furniture, antique sales, nursery and garden supply stores, and similar retail uses.
(2)
Service uses, including beautician, laundromat, home appliance, barbershop, equipment rental and similar service uses.
(3)
Offices: business, professional, governmental, financial, banks.
(4)
Motels, hotels and restaurants.
(5)
Public buildings, including post office, Town hall, fire station, library.
(6)
Electrical distribution substation and other public utility structures.
(8)
Accessory buildings and uses incidental to a permitted principal use.
(9)
Sales of motor vehicles, farm implements, boat or trailer sales, or rental thereof, including accessory service.
(10)
Automobile repair, painting and collision service when conducted entirely within a completely enclosed building.
(11)
Building material sales yard, lumberyard including millwork and cabinetmaking.
(12)
Gasoline service station.
(13)
Self-service storage facilities.
(14)
Storage or warehousing of materials or products.
(15)
Assembly/fabrication of products whose components have been predominantly manufactured off site.
(16)
Farms, equestrian facilities and customary uses incidental thereto as well as commercial woodlot or reforestation areas.
(17)
Sales of rental vehicles so long as they are vehicles originally purchased for rental by the on-site business. Sales of rental vehicles which were rented and/or maintained at another location shall be prohibited.
(18)
Modification or expansion of preexisting residential uses in nonresidential zones.
(19)
Private or public outdoor and indoor recreation, sports, athletic, gyms and other similar recreational uses.
B.
Uses permitted upon issuance of a special permit by the Planning Board, subject to site plan review, approval provisions of Article VI, and compliance with § 165-15D.
(1)
Laboratories for industrial or scientific research.
(2)
Commercial laundry and dry-cleaning facilities.
(3)
Printing and publishing.
(4)
Mechanical, electrical, optical, photographic, scientific or electronic manufacturing that meets the criteria for the definition of "light industry."
(5)
Truck terminal.
(6)
Subdivision of preexisting residential uses in nonresidential zones.
(7)
No portion of any site shall be used for temporary and/or permanent storage or display of any product or material or for parking of any vehicles and/or storage containers or for the conduct of any other business operations, unless specifically designated for such use on an approved site development plan.
(8)
Drive-in or drive-through establishments.
(9)
Private or public outdoor and indoor recreation, sports, athletic, gyms and other similar recreational uses.
C.
General requirements:
(1)
No on-street parking is permitted. All parking requirements listed in Article VIII of the Zoning Ordinance must be met. Parking shall be to the side and rear of the building if possible.
(2)
No front yard storage is allowed. All storage areas must be to the rear and side of the building and properly screened.
(3)
All loading should occur to the rear and side of the building if practicable. Loading and docking areas must be screened from adjacent properties.
(5)
No use shall be permitted or conducted in any manner which would render it noxious or offensive by reason of dust, odor, refuse, smoke, fumes, noise, vibration or glare.
(6)
A minimum of twenty-percent green space must be incorporated into development plans. A minimum of 50% of the above-referenced green space should be set aside for snow storage (i.e., no shrubbery or plantings).
(7)
Shared access and/or service roads should be incorporated into the site design whenever practicable. Site plans which include three or more lots will require a common service road to limit curb cuts and impacts on the adjacent highway system.
(8)
Illumination of buildings, landscaping and parking areas:
(a)
Average levels of illumination for all building, landscaping and parking shall not significantly exceed minimum levels necessary for safety and security lighting and shall not unnecessarily encroach on adjacent properties and shall be so arranged as to prevent direct glare onto any adjacent property or highway. Wall pack lighting units and directional floodlights are prohibited.
(b)
Pedestrian-scale lighting shall be on fixtures not exceeding 15 feet in height. These can be freestanding fixtures located along sidewalks. Luminaries without cutoffs are acceptable for pedestrian-level lights. Luminaries should fit the design palette of the project while complementing other nearby architectural styles.
(c)
Parking and circulation lighting fixtures shall not exceed 25 feet in height and are required to have 90° cutoff-type luminaries to prevent light above the fixture.
D.
Performance standards.
(1)
Commercial laundry or dry-cleaning facilities/printing and publishing/laboratories for scientific research/mechanical, electrical, optical, photographic, scientific or electronic manufacturing:
(a)
The applicant must utilize a public water system or show, to the satisfaction of the Planning Board, the adequacy of an alternative water supply.
(b)
The proposed use must be connected to the Saratoga County Sewer District System and meet all pretreatment requirements as set by the District, or the design must include a self-contained system for handling wastewater and process flows.
(c)
All chemicals used in, and by-products as a result of, processing must be clearly identified and disposal methods detailed. Safety plans in the event of an emergency related to any chemicals or by-products must be submitted to the Planning Board for review.
(d)
Chemicals and by-products related to the specific use may be stored on site until they are properly disposed. No company may store chemicals or by-products imported from off-site processes or uses not specifically identified as part of the allowable use.
(e)
Applicants must submit evidence to the Town that they comply with all applicable state and/or federal regulations related to chemical storage and handling.
(2)
Truck terminal: Applicant must provide a traffic study identifying numbers of vehicles entering and exiting the site, transportation routes and trip distribution data. The roads to be utilized must be evaluated to determine any necessary improvements. The applicant must make the necessary improvements or post an adequate bond to cover the cost of the identified improvements. Any proposed routes must be designed to withstand the proposed use.
E.
Uses strictly prohibited. In accordance with the provisions of this article and the purpose set forth above, the following list of uses are prohibited. The list is not intended to be all inclusive or exclusive but only provides examples of uses which do not meet the intended purpose of this chapter and particularly for this district and are therefore prohibited. This is for illustrative purposes only. It is not intended to be determinative of all uses which are not to be permitted in this district. It being the intent to comply with the above-stated purpose and to give direction to applicants who are reviewing this chapter for purposes of determining what will be an appropriate use in the district and to allow reasonable variations, knowing that all uses could not be anticipated or defined.
§ 165-16 M-I Industrial District.
[Amended 9-5-1995 by L.L. No. 9-1995; 2-1-2005 by L.L. No. 2-2005; 5-3-2017 by L.L. No. 1-2017; 6-5-2024 by L.L. No. 2-2024; 10-2-2024 by L.L. No. 5-2024]
The intent of this district is to allow industrial and manufacturing uses and those commercial uses which will provide support to the companies or employees within this district. The following use regulations shall apply in any M-I Industrial District, subject to the site plan review and approval requirements of Article VI.
A.
Permitted uses:
(1)
Manufacture, compounding, assembling, fabricating or treatment of articles or merchandise from the following previously prepared materials: fiber, fur, glass, leather, paper, plastics, precious or semiprecious stones or metals, sheet metal, textiles, tobacco, wax, wire or wood.
(2)
Tool or die manufacture, including precision instruments.
(3)
Agricultural product packaging, processing or storage facility, except as prohibited under § 165-16C, Uses strictly prohibited.
(5)
Truck terminal, or place for the storage or maintenance of vehicles or trailers used in long-distance freight hauling.
(6)
Sawmill, cider plant, cold storage or agricultural processing plant, not incidental to a permitted principal use.
(7)
Auto wrecking, including junk, according to the ordinance for the regulation of junkyards.
(8)
Equipment sales, rental, service maintenance and storage, including construction equipment.
(9)
Warehouse(s).
(10)
Automobile service station.
(11)
Farms, equestrian facilities and customary uses incidental thereto, as well as commercial woodlot or reforestation areas.
(12)
Public utility structure or use.
(13)
Restaurants.
(14)
Hardware supply, building material sales yard, lumberyard including mill work and cabinetmaking.
(15)
Marina and boat sales.
(16)
Wholesale and retail sales when incidental to the primary use.
(17)
Newspaper and job printing.
(18)
Self-service storage facility.
(19)
Laboratory: research, experimental or testing, provided that no operation shall be conducted which may cause hazardous, noxious or offensive conditions in the district in which such laboratory is located.
(20)
Modification or expansion of preexisting residential uses in nonresidential zones.
(21)
Private or public outdoor and indoor recreation, sports, athletic, gyms and other similar recreational uses.
B.
Uses permitted upon issuance of a special permit by the Planning Board, subject to site plan review and approval provisions of Article VI.
(1)
Residential dwellings when incidental to any principal use.
(2)
Subdivision of preexisting residential uses in nonresidential zones.
(3)
No portion of any site shall be used for temporary and/or permanent storage or display of any product or material or for parking of any vehicles and/or storage containers or for the conduct of any other business operations, unless specifically designated for such use on an approved site development plan.
(4)
Drive-in or drive-through establishments.
(5)
Private or public outdoor and indoor recreation, sports, athletic, gyms and other similar recreational uses.
C.
Uses strictly prohibited: In accordance with the provision of this article, the following list of uses are not intended to be all inclusive or exclusive but only examples of uses which do not meet the intended purpose of this chapter and particularly for this district and are therefore prohibited. This is for illustrative purposes only. It is not meant to be determinative of all uses which are not to be permitted in the district. It is meant to give direction to applicants who are reviewing this chapter for the purpose of determining what will be an appropriate use in the district and to allow reasonable variations, knowing that all uses cannot be anticipated or defined.
(1)
Abattoir or rendering of grease, tallow or fats.
(2)
Manufacture or storage of alcohol, dye or rubber.
(3)
Manufacture or storage of corrosive acid or alkali.
(4)
Manufacture of cement, lime, gypsum, plaster of paris or abrasives.
(5)
Manufacture or storage of fertilizer, glue or sizing involving the recovery or refining or products from fish or mineral refuse.
(6)
Manufacture or storage of fireworks, munitions or explosives.
(7)
Production or refining of petroleum or other flammable liquids.
(8)
Atomic power facilities, storage or nuclear waste or nuclear research and development.
D.
General requirements:
(1)
A minimum of twenty-percent green space must be incorporated into development plans. A minimum of 50% of above-referenced green space shall be set aside for snow storage (i.e., no shrubbery or plantings).
(2)
No front yard storage is allowed. All storage areas must be to the rear and side of the building.
(3)
No on-street parking is permitted.
§ 165-17 NB-1 Neighborhood Business District.
The purpose of the Neighborhood Business District is to provide residents in less developed portions of Town convenient opportunities to purchase goods and services while maintaining the residential character of the area. Neighborhood business uses will be limited to low intensity uses.
A.
Permitted uses:
(1)
Professional offices such as, by way of illustration but not limitation, medical, legal, engineering, insurance, photography, architect and real estate offices.
(2)
Barbershop, beauty parlor or other neighborhood-oriented business.
(3)
Farms, equestrian facilities and customary uses incidental thereto, including woodlot or reforestation areas.
(4)
Modification or expansion of preexisting residential uses in nonresidential zones.
[Added 5-3-2017 by L.L. No. 1-2017]
B.
Uses permitted upon issuance of a special permit by the Planning Board, subject to site plan review and approval provisions of Article VI.
(1)
Convenience store or convenience store with gasoline station.
(2)
Residential dwelling when incidental to any principal use.
(3)
Lots less than 20,000 square feet under the following conditions:
(a)
The lot area shall be a minimum of 20,000 square feet unless, after review by the Planning Board, a special permit is granted for an area less than 20,000 square feet. This determination shall be based on the specific site characteristics and the actual proposed use considering the nature, extent and intensity of the use. The special permit shall be issued in the sole and absolute discretion of the Planning Board for the exact purpose proposed by the applicant.
(b)
Minimum lot area shall be no less than 10,000 square feet and still meet the building setback and green space requirements as contained in the schedule for the particular use for the district in question.
(4)
Subdivision of preexisting residential uses in nonresidential zones.
[Added 2-1-2005 by L.L. No. 2-2005; amended 5-3-2017 by L.L. No. 1-2017]
(5)
No portion of any site shall be used for temporary and/or permanent storage or display of any product or material or for parking of any vehicles and/or storage containers or for the conduct of any other business operations, unless specifically designated for such use on an approved site development plan.
[Added 2-1-2005 by L.L. No. 2-2005]
C.
Other requirements:
(1)
New structures shall be a maximum of two stories.
(2)
Lots must be able to support parking requirements.
(3)
A minimum of 20% green space must be incorporated into development plans. A minimum of 50% of the above-referenced green space shall be set aside for snow storage (i.e., no shrubbery or plantings).
(4)
No front yard storage is allowed. All storage areas must be to the rear and side of the building and properly screened.
(5)
Lighting for parking areas and walks shall be a maximum height of eight feet and directed downward. Lightpoles or building-mounted lighting may be used.
(6)
Convenience store with gasoline stations may require additional screening. Side yard setbacks as listed in Schedule A must be met.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
§ 165-17.1 Small Business Redevelopment Overlay District.
[Added 6-19-2019 by L.L. No. 8-2019]
The purpose of this section is to encourage the redevelopment of parcels in existence at the time of the effective date of this section that do not meet the minimum area requirements of the underlying zoning along a portion of Route 146, Sitterly Road, Grooms Road, Crescent Road, and Jones Road.
A.
The overlay district shall only apply to the following parcels:
(1)
The parcel shall be located in the C-1 Commercial or PO-R Professional Office/Residence Zoning District;
(3)
The parcel does not meet the minimum lot size, area and/or minimum lot width requirements of the underlying zoning district;
(4)
Public water and public sewer connections exist and are utilized.
B.
The following standards shall apply to those qualifying parcels under Subsection A:
(1)
The minimum front yard setback shall be 25 feet;
(2)
The minimum rear yard setback shall be 20 feet;
(3)
Maximum building size (total square footage of all buildings and structures) shall be 5,000 square feet;
(4)
Allow consideration of shared parking and internal site circulation driveway and aisle connections among adjacent parcels to help minimize curb cuts;
§ 165-18 CC-1 Champlain Canal Overlay District. [1]
The purpose of the Champlain Canal Overlay District is to protect and preserve the Champlain Canal along its entire length within the Town of Halfmoon. In the overlay district, all uses are subject to the same requirements as the underlying district for the specific parcel. While there are no formal requirements to which lands in this district are subject, the following is encouraged:
A.
Site plans should protect and enhance the canal structure to the maximum extent possible. Examples include:
(1)
Development should avoid encroachment on canal structures.
(2)
Setbacks and buffer areas should be maintained beyond required setbacks of the underlying zone.
(3)
Provision of public access to the canal right-of-way especially for future use as a bikeway/walkway.
(4)
Preservation or enhancement of canal structures.
B.
Site plans should be designed in such a way that would not preclude future access, use or rehabilitation of the canal or canal structures.
§ 165-19 CH-1 Church Hill Road Historic Overlay District.
The purpose of the Church Hill Road Historic Overlay District is to protect and enhance the historic residential neighborhood of Crescent, an Erie Canal-era hamlet. The district boundaries are delineated on the Zoning Map.
A.
This neighborhood is a recognized historic, cultural and architectural resource to Halfmoon and Saratoga County.
(1)
The Saratoga County Planning Board's 1980 historic sites inventory identified Crescent as the largest concentration of significant historic structures in Halfmoon. It was the Town's most prominent and successful hamlet in the 19th Century.
(2)
This block or overlay district is eligible for designation as a national historic district and several structures are eligible for national historic landmark status.
B.
Property owners within this district are encouraged to maintain their property and structures in such a way as to protect their historic integrity.
§ 165-20 FC-1 Flood Conservation Districts; flood-prone and mudslide-prone areas.
This section relates to flood control and the National Flood Insurance Program and sets forth a building permit system and a review procedure system applicable to flood-prone and mudslide-prone areas.
A.
The Zoning Map of the Town of Halfmoon, New York, is hereby amended to include as part thereof the FIA Flood Hazard Boundary Maps of the Department of Housing and Urban Development, Federal Insurance Administration, Town of Halfmoon, New York (Saratoga County) No. II 01-10 (No. II-01 through II-10), dated June 21, 1974, and as so amended, the map designates the flood conservation districts of the said Zoning Law of the Town of Halfmoon, New York.
B.
This section prohibits any person, firm or corporation from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building or structure from the Enforcement Officer of the Town of Halfmoon.
C.
The Enforcement Officer shall examine all plans and specifications for proposed construction when application is made to him for a building permit for a building or structure as required by this chapter.
D.
The Enforcement Officer shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must: be designed or modified and anchored to prevent flotation, collapse, or lateral movement of the structure; use construction materials and utility equipment that are resistant to flood damage; and use construction methods and practices that will minimize flood damage.
E.
The Enforcement Officer and the Planning Board of the Town of Halfmoon, where applicable, shall revise subdivision proposals and other proposed new developments to assure that: all such proposals are consistent with the need to minimize flood damage; all public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage; and adequate drainage is provided so as to reduce exposure to flood hazards.
F.
The Enforcement Officer and the Planning Board of the Town of Halfmoon, where applicable, shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
G.
There is hereby required the issuance of a permit by the Enforcement Officer for any excavation, grading, fill or construction in the flood hazard and mudslide hazard area.
H.
The Enforcement Officer shall require review of each permit application to determine whether the proposed site and improvements will be reasonably safe from mudslides. If a proposed site and improvements are in a location that may have mudslide hazards, a further review must be made by persons qualified in geology and soils engineering, and the proposed new construction, substantial improvement, or grading must be adequately protected against mudslide damage and not aggravate the existing hazard.
§ 165-21 Route 146 Performance Overlay District. [1]
The purpose of this section is to provide performance standards that will preserve roadway capacity, improve public safety and welfare, enhance operation, reduce the need for costly remedial measures, manage access to land, minimize visual impacts of development and maintain aesthetic qualities, character, and property values along the Route 146 corridor in the Town of Halfmoon.
A.
Applicability.
(1)
This overlay district shall apply to all new development projects or site modifications on parcels identified on the Route 146 Corridor Plan, with the exception of those parcels with less than 400 feet of frontage or with less than 300 feet of depth. All preexisting, nonconforming lots are grandfathered under the requirements of the underlying zoning.
(2)
The Route 146 Corridor Plan identifies potential or possible future land uses contemplated along the corridor and is not intended to imply a change of zoning. The underlying zoning remains in effect in the corridor. The plan also identifies potential locations for road connections and traffic signals to be considered during the review of development projects.
(3)
The standards of this section shall apply to any new development or site modification project within the Route 146 Performance Overlay District, in addition to the requirements of any underlying district. If there is a conflict between this overlay and the underlying zoning district, the more restrictive standards shall apply.
B.
Dimensional requirements. These dimensional requirements shall apply to all new development projects or site modifications on parcels identified on the Route 146 Corridor Plan, with the exception of those parcels with less than 400 feet of frontage or with less than 300 feet of depth.
C.
Landscaping.
(1)
Setback area. Landscaping requirements for the setback area parallel to the Route 146 right-of-way are as follows:
(a)
Except for approved curb cuts, a continuous fifty-foot-wide strip running parallel with the Route 146 right-of-way shall be landscaped according to the following standards.
[1]
For each 50 linear feet of frontage along the Route 146 right-of-way:
[a]
An average of two shade trees: Each shade tree must have a minimum caliper of three to 3 1/2 inches and a height of at least 14 feet.
[b]
An average of 15 understory trees and/or shrubs (shrubs to be 24 to 36 inches in size).
[c]
An average of one conifer tree (six to eight feet in height).
[d]
Only native species will be permitted.
[2]
The use of existing plant material (trees and shrubs) is strongly encouraged and will be counted toward the landscaping requirement.
[3]
Additional plant material may be required if existing topographic conditions and required plantings do not adequately screen the site.
(2)
Landscaping and buffers between uses:
(a)
The following regulations set forth the landscaping and buffering requirements between adjacent land uses.
(b)
Where any commercial/industrial use is proposed adjacent to a residential use, a minimum landscape buffer 50 feet wide shall be provided on the commercial/industrial lot.
(c)
The landscape buffer shall include:
[1]
A mix of shade and conifer trees planted on an average of one tree for every 20 feet of yard length. Each tree must have a minimum caliper of three to 3 1/2 inches and a height of at least 14 feet.
[2]
Areas not planted with trees shall be maintained with shrubs or ground cover.
[3]
Additional plant material and/or a berm may be required if existing topographic conditions and required plantings do not adequately screen the site.
[4]
Only native species will be permitted.
(3) SHADE TREE CONIFER TREE SHRUB IDENTIFICATION SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated:
Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.
An evergreen tree, usually of the pine, spruce or juniper genus, bearing cones and generally used for its screening qualities.
A deciduous or evergreen woody plant, smaller than an ornamental tree and larger than ground cover, consisting of multiple stems from the ground or small branches near the ground, which attains a height of 24 inches or more.
Signs identifying the business or service establishment operated on the premises shall be allowed as provided herein.
D.
Lighting.
(1)
All lights shall be shielded in such a way as to direct all light toward the ground.
(2)
Light fixtures or lamps shall be shielded/shaded in such a manner as to direct incident rays away from all adjacent property.
(3)
Lights on poles shall not be taller than the building whose area they illuminate nor taller than 15 feet, whichever is shorter.
(4)
A study may be required to verify that ambient light will not migrate past the property line.
E.
Access management and connectivity.
(1)
Vehicular access. All parcels of land proposed to be developed or modified as of May 16, 2006, within the Performance Overlay District shall be entitled to one driveway or road access point from Route 146. Parcels subdivided per the Town of Halfmoon Subdivision Regulations[2] shall provide access by internal subdivision roads, driveways, or service drives. No additional access points to Route 146 shall be allowed unless deemed appropriate by the Planning Board due to constraints of the parcel.
(2)
Access points.
(a)
Opposite access points: Access points for new development parcels shall be aligned with those across the roadway to the extent possible. If alignment is not possible, access points shall be offset a minimum of 250 feet from the opposite side of Route 146. If the Planning Board, for good cause shown, does not believe that 250 feet is appropriate, this Board may vary the standard.
(b)
Adjacent access points: The desired separation of adjacent new access points shall be 350 feet.
(c)
Shared access: Adjacent property owners are encouraged to consolidate their access points by using a joint driveway system or frontage road for new development projects. All frontage roads are to be placed on private property a minimum of 50 feet from the Route 146 right-of-way line.
(3)
Connectivity.
(a)
The street system of a proposed subdivision or development shall be designed to coordinate with existing, proposed and planned streets outside of the reasonable development area as noted in the Route 146 Corridor Plan, as much as possible.
(b)
Wherever a proposed development abuts undeveloped land/or a future development phase, stub streets may be required to allow for future potential connections. The Town may also require the construction of the connection or easement for that improvement. Town Planning Board is also authorized to require cross easements between abutting parcels for future internal roadway connections. Pedestrian connections throughout the development should be made in addition to all roadway connections.
F.
Signs. All signs permitted within the Route 146 Performance Overlay District shall conform to Article X of the Town of Halfmoon Zoning Regulations as well as the standards described herein.
G.
Parking. All standards and requirements set forth within Article VIII, Off-Street Parking and Loading, shall apply, with the following additions:
(1)
Parking land bank. Should the number of parking spaces required by the underlying zoning be deemed excessive by the applicant and the Town, then the excess spaces shall not be constructed and must be land banked. The land must be developable as a parking lot but is to remain undeveloped and located adjacent to the developed parking area or otherwise properly located for driveway and building access. None of the parking land bank may be counted as part of required green space nor may it be located with setbacks.
(2)
Parking area landscaping. One shade tree is required for each 20 spaces. In parking lots with 50 or more spaces or with two or more aisles, at least 1/2 of the required trees must be in interior planting islands with at least 25 square feet of permeable area for each tree.
§ 165-22 M-2 Clean Manufacturing District.
[Added 6-19-2019 by L.L. No. 8-2019; amended 1-2-2020 by L.L. No. 1-2020]
The intent of this district is to provide an area for clean technology manufacturing businesses taking advantage of the existing rail infrastructure and waterfront access.
A.
Permitted uses:
(1)
Manufacturing or treatment of products, articles or merchandise serving the technology industries, including, but not limited to, mechanical, electrical, optical, scientific, and photographic processes.
(2)
Tool making.
(3)
Laboratories, research and/or testing facilities that do not cause hazardous, noxious or offensive conditions in the district in which said facility is located.
(4)
Professional offices.
(5)
Assembly or fabrication of products whose components have been predominately manufactured off-site.
(6)
Modification or expansion of preexisting residential uses.
C.
General requirements:
(1)
A minimum of 20% green space must be incorporated into the development plans.
(2)
No front yard storage is allowed.
(3)
No on-street parking is permitted.
(4)
All loading should occur to the rear and side of the building if practicable.
(5)
Loading and docking areas must be screened from adjacent properties.
§ 165-22.1 W-1 Waterfront Mixed Use District.
[Added 6-19-2019 by L.L. No. 8-2019; amended 6-5-2024 by L.L. No. 2-2024; 10-2-2024 by L.L. No. 5-2024]
The intent of this district is to provide a greater variety of allowable uses while restricting manufacturing and encourage dense levels of mixed residential and commercial businesses, including retail, recreational, office and service-oriented uses, thereby providing waterfront access opportunities to purchase goods and services. The following use regulations shall apply in any W-1 Waterfront Mixed Use District:
A.
Permitted uses:
(1)
Professional offices.
(2)
Medical facilities.
(3)
Spas, barbershops, beauticians, nail salons.
(4)
Convenience stores.
(5)
Restaurants, bars, bed-and-breakfast homestays, bed-and-breakfast inns, inns, marinas.
(6)
Lodges and fraternal organizations.
(7)
One-family dwellings.
(8)
Retail stores with a maximum of 8,000 square feet.
(9)
Private or public outdoor and indoor recreation, sports, athletic, gyms and other similar recreational uses.
B.
General requirements:
(1)
No portion of any site shall be used for temporary and/or permanent storage or display of any product or material or for parking of any vehicles and/or storage containers unless specifically designated for such use on the site plan.
(2)
No on-street parking is permitted.
(3)
No front yard storage is allowed.
§ 165-22.2 W-2 Waterfront Commercial District.
[Added 6-19-2019 by L.L. No. 8-2019; amended 1-2-2020 by L.L. No. 1-2020]
The intent of this district is to provide flexibility in allowable uses, to provide residences in Town with waterfront access opportunities, to provide retail and services, and to foster mixed uses. The following use regulations shall apply in any W-2 Waterfront Commercial District: