Niskayuna Town City Zoning Code
ARTICLE VIIIA
Town Center Overlay District, Neighborhood Commercial and Highway Commercial Standards
[Added 12-16-2008 by L.L. No. 9-2008[1]]
[1]
Editor's Note: This local law also repealed former Article VIIIA, Town Center Overlay District and Highway Commercial Standards, added 5-16-1995 by L.L. No. 7-1995, as amended.
§ 220-48.1 Purpose.
A.
The purpose of the Town Center Overlay District is to develop an identifiable center of the Town of Niskayuna with the Town Hall and county branch library as its nucleus. Its intent is to further define a sense of community and to promote a traditional architectural and visual environment deemed important as part of the Town's comprehensive planning process. A fully realized Town Center concept will incorporate the elements of institutional, commercial, vehicular, and pedestrian environments into an integrated commercial and civic design, which reflects the community focus of the Town.
B.
The Town Center concept is implemented by use of an overlay district, which imposes additional criteria on the underlying zoning districts; the boundaries of the Town Center Overlay District are shown on the Zoning Map of the Town of Niskayuna.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.
C.
The purpose of the standards for the C-N Neighborhood Commercial and C-H Highway Commercial Zoning Districts is to promote revitalization, not to change it into a different place. The Town of Niskayuna hopes to make the C-N and C-H Districts and their buildings a better version of themselves, not to mimic malls, suburbs or even other commercial districts.
§ 220-48.2 Objectives.
In order to achieve the purposes above, the following objectives shall be realized:
A.
Signs shall be of a scale, height, material and illumination which reflect the traditional concepts being promoted in the Town Center.
B.
The pedestrian environment in the Town Center is essential for developing the sense of community desired by the Town. Amenities shall be provided in the Town Center to promote pedestrian usage.
C.
In the Town Center Overlay District, the C-N and the C-H Districts, vehicular circulation and parking should be accommodated without impacting the pedestrian experience. Adequate measures shall be provided to reduce vehicular/pedestrian circulation conflicts.
D.
The architectural character of new and renovated buildings should be harmonious with the traditional architectural styles of the Town Hall and County Library as focal points of the Town Center.
E.
The size and scale of buildings in the Town Center, the C-N and the C-H Districts should be complementary to a pedestrian environment. Buildings located near the perimeter of the Town Center, the C-N and the C-H Districts should be designed to provide a harmonious transition between the commercial development and its residential neighbors.
F.
In the C-N and C-H Districts, the Town of Niskayuna encourages renovations and improvements, which create a unique and attractive image for each business while respecting the original design parameters of its facade as well as those of its neighbors.
G.
In the C-N and C-H Districts, the Town of Niskayuna values high design standards and creativity; it also encourages solutions which achieve these goals affordably so that business and property owners are benefited rather than burdened by the revitalization process.
§ 220-48.3 Applicability.
In addition to the applicable regulations for the underlying zones contained elsewhere in this chapter, certain requirements shall apply to properties located within the Town Center Overlay District, the C-N Neighborhood Commercial and the C-H Highway Commercial Zoning Districts. All applications for new signs or modification or replacement of existing signs in the Town Center Overlay District shall be subject to the requirements of § 220-48.4 of this article. All applications for site plan review as specified in § 220-41 of this chapter shall be subject to § 220-48.5. For signs in the C-N District, go to § 220-22 and Schedule I-D; and for the C-H District, go to § 220-22 and Schedule I-E.[1] All applications for new building construction and building exterior renovations/modifications which require a building permit, with the exception of single-family dwellings and their accessory uses, shall be subject to § 220-48.7. Section 220-48.7D and E does not apply to the C-N Neighborhood Commercial and C-H Highway Commercial Zoning Districts.
[1]
Editor's Note: Schedules I-D and I-E are included at the end of this chapter.
§ 220-48.4 Signs.
A.
Purpose. The purpose of these standards is to promote signs which are visually compatible with their surroundings and which avoid inappropriate materials and design.
B.
Applicability. At any time that there is a new sign or a modification or a replacement of an existing sign in the Town Center Overlay District, the following standards shall apply. These sign requirements shall be considered a supplement to those standards in § 220-22. In all cases where there is a conflict, these standards shall take precedence over § 220-22 standards in the Town Center Overlay District.
C.
Permitted signs. The following signs shall be permitted in the Town Center Overlay District:
(1)
Freestanding monument (ground) signs limited to only public or private place identification, further limited to private sites of five or more acres. Freestanding signs shall not be utilized for individual businesses.
(2)
Facade signs.
(3)
Directional signs.
(4)
Temporary signs.
(5)
Price and product signs for gasoline stations.
D.
Prohibited signs. The following signs shall be prohibited in the Town Center Overlay District:
(1)
Moving signs.
(2)
Flashing signs.
(3)
Animated signs.
(4)
Pennants/ribbons/logo flags.
(5)
Pylon signs.
(6)
Neon signs.
(7)
Backlit canopies.
E.
Minimum performance criteria. The following performance standards shall apply to signs in the Town Center Overlay District:
[Amended 10-22-2013 by L.L. No. 4-2013]
(1)
Materials.
(a)
Monument signs shall be constructed with materials compatible with the main structure and shall be compatible with the area.
(b)
Facade signs shall be constructed with materials compatible with the Town Center Overlay District. Uniform material shall be used for signs on buildings that are connected by common walls, located in a common plaza or otherwise associated as a single group.
(c)
Directional signs shall be of materials compatible with facade signs.
(d)
Temporary signs may be of cloth or vinyl plastic.
(2)
Height. Freestanding monument signs as permitted in Subsection C(1) of this section shall be no greater than eight feet in height above the finished grade.
(3)
Size. Freestanding monument signs as permitted in Subsection C(1) of this section shall have a maximum area of 50 square feet per sign face for the primary sign and 24 square feet per sign face for any secondary signs. Double-faced signs are permitted. For all other signs, the size standards specified in § 220-22 and Schedule I-E[1] for the underlying zoning district shall apply.
[1]
Editor's Note: Schedule I-E is included at the end of this chapter.
(4)
Illumination. Sign lighting should minimize glare and maintain the aesthetic character of the area. Therefore, signs may be internally lit, backlit and externally lit.
(5)
Logo. In the event that a picture logo is displayed on a sign, it shall be incorporated into the permitted sign area to comprise not more that 30% of the sign area. All colors associated with a logo, as defined in this chapter, may be permitted.
(6)
Colors. Except as provided in Subsection E(5) above, a maximum of three colors shall be utilized for a sign. Colors shall match or complement the predominant building color.
(7)
Lettering. A maximum of two lettering styles shall be permitted on signs, except that all lettering associated with a logo, as defined in this chapter, may be permitted.
(8)
Setbacks. Freestanding monument signs shall have a minimum setback of 10 feet from the right-of-way line and 20 feet from the side property line and shall be located in a manner that does not interfere with required minimum sight distance at driveways or intersections.
(9)
Number of signs. A maximum of one facade sign per use is permitted, except that a use fronting on two streets may have one sign for each building front. A maximum of one freestanding monument sign as described in Subsection C(1) of this section is permitted per driveway, up to a maximum of three signs, except that for two or more signs, driveways must be separated by a minimum of 200 feet as measured center line to center line.
§ 220-48.5 Pedestrian and streetscape amenities.
A.
Purpose. The purpose of these standards is to promote the pedestrian environment in the Town Center Overlay District, the C-N Neighborhood and the C-H Highway Commercial Zoning Districts through the provision of appropriate amenities.
B.
Applicability. The standards in this section are applicable to all actions proposed within the Town Center Overlay District, the C-N Neighborhood Commercial and the C-H Highway Commercial Zoning Districts which are subject to site plan review as specified in § 220-41. In addition to the materials regularly submitted for site plan review, the following items shall be incorporated into plans and details for a project located in the Town Center Overlay District, the C-N Neighborhood Commercial and the C-H Highway Commercial Zoning Districts.
C.
Minimum performance criteria. The following minimum performance criteria shall be utilized for site designs within the Town Center Overlay District, the C-N Neighborhood Commercial and the C-H Highway Commercial Zoning District. The Planning Board is authorized to consider variations in the criteria to allow for flexible design concept.
(1)
Sidewalks.
(a)
Sidewalks shall be constructed in accordance with the sidewalk plan and section detail contained in Figure 4B of this chapter.[1]
[1]
Editor's Note: Figure 4B is included at the end of this chapter.
(b)
Sidewalks to be dedicated to the Town for public access shall be contained within appropriate rights-of-way. They shall be concrete and a minimum of five feet in width.
(c)
Sidewalks outside the public right-of-way shall be privately owned and maintained. They may be comprised of concrete, pavers, or other materials acceptable to the Planning Board. They shall be a minimum of four feet in width.
(2)
Bikeways. Where a bikeway is required, it shall be designed in general accord with the Guide for Development of New Bicycle Facilities, published by the American Association of State Highway and Transportation Officials (AASHTO), most recent edition, and with the Town of Niskayuna bike path standards.
(3)
Lighting. In general, lighting shall follow the Planning Board and Zoning Commission of the Town of Niskayuna, Guidelines for Lighting of Outdoor Areas Under Site Plan Review. At the discretion of the Planning Board, architectural lighting for roadways, walkways, and areas of congregation may depart from details of the guidelines.
(a)
Architectural lighting should enhance the Town Center Overlay District concept and the C-H Highway Commercial District without introducing excessive glare on, off or above the site.
[Amended 10-22-2013 by L.L. No. 4-2013]
(b)
Architectural lighting shall be similar in style and shall meet the specification requirements as shown in the Composite Street Amenities Exhibits contained in Figure 4A and the Lighting Detail contained in Figure 4C[2] of this chapter. In general, pole-mounted architectural lighting shall not exceed a pole height of 18 feet from the finished grade.
[Amended 10-22-2013 by L.L. No. 4-2013]
[1]
[2]
Editor's Note: Figures 4A and $c are included at the end of this chapter.
(c)
Pole-mounted lighting in accordance with Planning Board guidelines shall not exceed a pole height of 22 feet from finished grade.
(d)
Light sources for all lighting shall be metal halide.
(4)
Amenities. Amenities shall be required and included on the landscape plan to be reviewed by the Planning Board as part of site plan review. The plan shall include, but not be limited to, benches, bike racks, trash receptacles, and recyclable receptacles. These amenities are to be provided on the private portion of the site plan and will be privately owned and maintained. Amenities are shown separately and on the Composite Street Amenities Exhibits detail contained in Figure 4A of this chapter.[3]
[3]
Editor's Note: Figure 4A is included as an attachment to this chapter.
(5)
Parking. Parking shall comply with the standards established in § 220-19 of this chapter. Off-street parking should be designed to minimize traffic and utilize space through combined access. Screening shall be applied in the parking lot design along parcel boundaries in order to maintain an aesthetic quality. Acceptable screening materials include fencing, berming, and vegetation. Setbacks and signage for parking areas shall follow existing zoning regulations.
(6)
Landscaping. Landscaping shall be included on each site in order to maintain an aesthetic quality in the Town Center, C-N and the C-H Districts, and to provide screening for parking, loading, and storage areas. Landscaping internal to the parking area as well as adjacent to it at property lines shall be considered in the overall parking lot design. Conceptual techniques are illustrated in the landscaping detail contained in Figure 4D of this chapter.[4] Plant materials shall be selected with respect to scale and allotted amount of space. In addition, although plant materials may be listed under one category, they may also meet the requirements of another, depending on usage. Plantings shall only include those on a Master Plant List to be established, and revised from time to time, by resolution of the Town Board upon the advice of the Town of Niskayuna's Tree Council (See Chapter 201.)
[Amended 3-22-2016 by L.L. No. 1-2016]
[4]
Editor's Note: Figure 4D is included as an attachment to this chapter.
§ 220-48.6 Application procedures.
A.
Transmittal of application to the Planning Board. As provided in § 220-67F(3) of this chapter, the Zoning Enforcement Officer shall transmit one copy of the application for a zoning and building permit and all related material to the Planning Board as required by § 220-41.
B.
Material to be submitted.
(1)
Applications subject to site plan review shall supplement the requirements of § 220-43 with such information as the Planning Board may require to promote understanding of the applicant's compliance with the minimum performance criteria of §§ 220-48.4 and 220-48.5.
(2)
In those instances where the application is for a building and zoning permit for a sign alone, the applicant shall provide a sign detail only showing location, size, lighting, color, materials and design.
C.
Modifications and waivers. The Planning Board may waive one or more of the specific requirements of this article upon a showing by the applicant that the regulation imposes an undue hardship due to such factors as existing conditions, site topography or site configuration. The Planning Board shall approve the minimum waiver necessary to allow the application to be approved. The applicant for any such waiver shall have the burden of showing that the proposed project with such waiver shall have a minimum negative effect on aesthetics and compatibility with neighborhood character.
§ 220-48.7 Architectural review standards.
A.
Purpose. The purpose of these standards is to achieve an integrated commercial design that provides an architectural and visual environment consistent with the Town Center concept and promotes revitalization of businesses in the C-N and C-H Districts.
B.
Applicability. With the exception of single-family dwellings and their accessory uses, this section is applicable to all new building construction and building exterior renovations/modifications which require a building permit.
C.
Minimum performance criteria. In order to determine that new building construction or building exterior modifications contribute to a harmonious effect in the Town Center Overlay District, the C-N and the C-H Districts and promote a cohesive architectural appearance, based on color, materials and style, the following minimum performance criteria shall apply:
(1)
Colors. Colors utilized for building exteriors shall be compatible and shall visually reflect the traditional concept of the Town Center, the C-N and the C-H Districts' efforts to revitalize. Examples of incompatible colors include metallics, neons, and/or primary colors.
(2)
Materials. Traditional materials (masonry, wood and stone) are generally required in the Town Center, the C-N and the C-H Districts, however, contemporary materials (glass, steel, concrete and plastic/vinyl siding) may be considered if they are treated in a manner complementary to the traditional concept of the Town Center, C-N and the C-H Districts' architectural theme. Examples of incompatible materials include exposed concrete block, metal siding, and reflective glass.
(3)
Mechanical equipment. Mechanical equipment shall be screened with appropriate architectural treatments consistent with the materials listed in Subsection C(2) above.
(4)
Architectural features and details.
(a)
Exterior facades, including eaves, columns, pilasters, cornices, windows (and window surrounds), door balusters, canopies, fascias and roofs, shall be proportionate with the building and consistent with the Town Center concept. The scale of new construction, including the arrangement of windows, doors and other openings within the building facade, shall be compatible with surrounding buildings in the Town Center Overlay District, the C-N and the C-H Highway Commercial Zoning Districts.
(b)
Compatible finishes and colors shall relate to the Town Center concept as identified in Subsection C(1) above. Inappropriate contemporary materials which are deemed not to be consistent with or not to blend well with the traditional context of the Town Center concept are prohibited on building facades [see Subsection C(2) above]. To the extent practicable, accessory structures shall conform to the finishes and colors established for the principal building.[1]
[1]
Editor's Note: Former Subsection D, Architectural Review Board (not applicable to the C-N and C-H Districts), and Subsection E, Application procedures (not applicable to the C-N and C-H Districts), which immediately followed this subsection, were repealed 10-22-2013 by L.L. No. 4-2013.