Dimensional regulations.

Locational criteria.

Landscaping requirements. All projects shall be suitably landscaped as required in § 220-21, including the provision of effective screening along the property boundaries, including side and rear boundaries abutting streets.

Open space requirements. Every project shall have suitable open space available for the use of the residents therein. A ratio of 400 square feet per dwelling unit shall be provided. Development of this open space for passive and/or active recreational uses, including swimming pools, shall be provided in a suitable manner. Required yard areas may be considered as long as access to them is not prohibited by fencing or other means. Off-street parking areas, access drives and streets shall not be included in such assessment.

Building spacing and layout. Buildings shall be located so that the privacy of individual units is protected, so that their arrangement creates usable open spaces and a satisfactory environment for the residents and avoids monotonous and undifferentiated silhouettes. In no case shall buildings be closer to one another than 25 feet.

Parking requirements. In addition to the requirements of §§ 220-19 and 220-20, the following shall apply:

Pedestrian circulation. Sidewalks and pathways should be integrally designed so as to provide safe and convenient access between buildings and internal recreation, parking, service areas and public transportation routes.

Lighting. Outdoor lighting may be required in parking areas and along streets, access drives, sidewalks and pathways and wherever deemed necessary so that the safety of the residents shall be ensured. Lighting fixtures shall be designed at a scale compatible with purposes served and of such intensity so as not to reflect or to cause glare on public streets, adjacent residential uses or in dwelling units therein. Lighting shall be maintained in an operable condition.

Nonresidential uses.

Signs. In addition to the regulations of § 220-22A(10), one sign may be permitted at each access point to the site. In addition to the principal sign(s), any number of directional signs, each not to exceed four square feet in area and eight feet above average grade, may be permitted. Signs for convenience service uses shall be limited to one externally lit wall sign not to exceed 20 square feet in area.

Planning Board consideration. Recognizing that it is cumbersome and self-defeating, if not impossible, to anticipate all possible design contingencies, the Planning Board reserves the right to raise any other related questions and requirements as may be appropriate in achieving the intent of this section.

Dimensional regulations.

Access. Project proposals shall abut a major or minor arterial and shall have proximate access to that major or minor arterial. Further, any development with only one access road shall have an alternate accessway available for the use of emergency vehicles.

Landscaping requirements. All projects shall be suitably landscaped as required in § 220-21, including the provision of effective screening along the property boundaries.

Open space requirements. Every project shall have suitable open space for the use of guests. The minimum open space shall be 30% of the total area. Development of this open space for passive and/or active recreational uses, including swimming pools, shall be provided in a suitable manner. Required yard areas may be considered as open space as long as access to them is provided. Off-street parking areas, access drives and streets shall not be included in such assessment.

Parking requirements. In addition to the requirements of §§ 220-19 and 220-20, there shall be one space per dwelling unit, plus one space per employee in the maximum shift, plus one space for every three persons maximum occupancy of any convention, restaurant or barroom facility.

Pedestrian circulation. Sidewalks and pathways should be integrally designed so as to provide safe and convenient access between buildings, structures and internal recreation, parking and service areas and public transportation routes.

Mobile home use. Mobile homes shall be restricted for residential use, except that they may serve as temporary structures in conjunction with construction projects. Such temporary structures may exist for the duration of such construction, provided that they shall be removed within 30 days of completion of said construction. No such nonresidential structure shall be located on any site for more than one year, except with the permission of the Planning Board.

Mobile home location. No mobile home shall be located in the Town of Niskayuna except within a mobile park or as provided in § 220-51C of this chapter.

Mobile home park location. Mobile home parks shall be located in those districts as provided in Article IV of this chapter.

Mobile home park review. Mobile home park proposals shall be reviewed according to the procedures of Article VIII of this chapter, shall conform to all provisions of this chapter and shall be subject to the following requirements:

Travel trailers. Travel trailers shall not be used as dwellings and shall not be stored within a mobile home park unless they are owned by residents of the park and they are stored in a screened area separate from the mobile home stands.

Annual inspections. The Building Inspector shall annually inspect the premises of a mobile home park at a time mutually agreed to by himself and the owner and/or manager of said park so as to ensure compliance with the provisions of this chapter. The Zoning Enforcement Officer shall report any violations of this chapter to the owner and manager. Such violations shall be corrected within 30 days of such report or be subject to the penalty provisions of this chapter.

Purpose. The purpose of this section is to permit variation in lot size and housing type in suitable areas in order to encourage flexibility of design, facilitate the adequate and economical provisions of streets and utilities and preserve the natural and scenic qualities of open space, in accordance with the intent of § 281 of the Town Law of New York State.

Conditions for lot size reduction. The purposes are achieved by permitting lot size to be reduced in a subdivision tract if:

Determination. The Town Board shall have the right to issue or deny special use permits for average density development following the requirements set forth herein.

Material to be submitted. Application for a special use permit for average density development shall be made to the Zoning Enforcement Officer in quadruplicate in the manner set forth in § 220-67C of this chapter. Within 14 days of receipt of an application for a special use permit for average density development, the Zoning Enforcement Officer shall forward two copies of said application and all related materials to the Town Board in accordance with § 220-67F(4) of this chapter. Concurrent with this submission to the Zoning Enforcement Officer, the applicant must submit a plan to the Planning Board for consideration under Chapter 189, Subdivision of Land, of the Code of the Town of Niskayuna.

Mandatory referral to the Planning Board. The Town Board shall, within 14 days of receipt of the application from the Zoning Enforcement Officer, refer one copy of the above to the Planning Board for preliminary site plan review and report under the provisions of Article VIII of this chapter.

Requirements for average density developments. In addition to the criteria for review established by Article VIII of this chapter, the Planning Board shall apply the following standards in their site plan review of average density development projects:

Action on application by the Planning Board. Upon receipt of the application from the Town Board, the Planning Board shall conduct a public hearing and report to the Town Board on the preliminary site plan within a reasonable time of the receipt of the above material and of any additional material it has required the applicant to submit.

Considerations in report. In addition to the considerations set forth in §§ 220-59 and 220-46B of this chapter, the Planning Board shall also determine that:

Standards for granting special use permits for average density development. Such special use permits shall be granted only under the conditions set forth in § 220-60.

Mandatory referral to the Schenectady County Department of Planning. Application shall be referred to the Schenectady Department of Planning as required in § 220-61.

A "home occupation" is an occupation or profession which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and which is carried on by a member of the family residing in said dwelling unit.

Registration and permit renewal; fees.

General conditions.

Permitted uses. Such uses include an art studio, that is not a place of instruction; private music lessons or tutoring of not more than one student at a time; dressmaking and tailoring; office of a physician, dentist, lawyer, engineer, architect, real estate or insurance broker or agent or accountant; writing; telecommuting; telephone service only for any occupation; internet or software-based website or application development; or other uses of a similar nature.

Definitions. As used in this section, the following terms shall have the meanings indicated.

General conditions.

Violations and penalties. Any person or persons who shall violate any of the provisions of this section shall be guilty of an offense and shall be punishable by a minimum fine of $50 but not more than $500, or imprisonment for not more than 15 days, or both. Each day that a violation continues shall be deemed a separate offense.

Types of care are as follows:

Location. Care homes and/or nursing homes may be located as special principal uses in R-1, R-2 and R-3 Zoning Districts. Sites should be reasonably accessible to the center of community activities, physician services and medical facilities and located within the service area of a Fire Department. Public transportation within a reasonable distance is desirable. Sufficient space suitable for outdoor recreation should be available. The outdoor noise level at a care home and/or nursing home should be minimal.

Access. Care homes and/or nursing homes must have access from an arterial road and have at least one, but not more than two points of egress and ingress.

Size. Minimum lot size in R-1, R-2 and R-3 Districts shall be five acres.

Number of beds. The number of beds in any facility shall not exceed a maximum of 15 beds per acre.

Structure location.

Parking. Off-street parking spaces are to be provided as follows: one space for each four beds, plus one space for each registered or licensed practical nurse, plus one space for each two employees other than nurses, except that for residential care and personal care homes, there shall be one space for each three beds.

Open space and screening.

Governmental approvals. Approval or endorsement of any proposal for care homes and/or nursing homes from the New York State Department of Health, the New York State Department of Public Welfare, the Schenectady County Health Department, the Niskayuna Health Office, the Fire Department and/or other applicable federal, state, County or Town agency shall be demonstrated to the Planning Board prior to disposition of the final site plan review.

For purposes of this chapter, facilities for recreational boating have the common purpose of providing a point of transition for boatsmen from land to water. Such facilities can range from a marina, a comparatively elaborate form of development catering to every need of boatsmen as well as nonboaters to simple launching ramps or docks for the purpose of providing nothing more than access to water.

Location. Recreational facilities may be located in L-C and R-R Districts having frontage along or access to the Mohawk River.

Land area. Minimum acreages for recreational boating facilities are as follows:

Mooring facilities. Maximum mooring facilities are as follows:

Automobile and trailer parking.

Sewage disposal. When required by regulation, facilities for pumping and storing of liquid and solid wastes and garbage from marine craft are to meet the minimum standards of the New York State Department of Health.

Marine convenience stores. As applicable, marine convenience commercial facilities may be provided as long as such marine convenience stores meet ordinance standards for retail convenience stores (Schedule I-D, C-N District),[1] including off-street parking if such facilities are available to nonboaters.

Fueling facilities. As applicable, fueling facilities may be treated as a marine convenience facility (see Subsection G), except that fuel pumps may be located at water's edge, provided that proper safeguards are provided against oil and gasoline spills; such safeguards are to be specified at time of site plan approval.

Restaurant facilities. As applicable, restaurant facilities may be included in a recreational boating facility, provided that it is in character with the recreational concept of the facility and such restaurants meet ordinance standards for retail and service stores (Schedule I-D, C-N District),[2] including off-street parking if such facilities are available to nonboaters.

Private yacht club. In addition to meeting all land requirements for recreational boating facilities, a private yacht club must meet the standards established in the ordinance for private yacht clubs (Schedule I-A, R-R District).[3]

Apart from the separate requirements cited in this section, the total area of buildings plus parking areas in a recreational boating facility shall not exceed 75% of the total land areas of the facility. For purposes of meeting this requirement, any public lands leased or available from a local, state or federal agency may be added to lands privately owned or leased.

Type of care. An adult day-care facility provides daytime care for adults who are physically handicapped or cognitively impaired. An adult day-care facility provides primarily social care with professional assistance to the client but does not provide for continuous nursing and/or medical care.

Minimum standards. Adult day-care facilities shall be in substantial agreement with the recommended Standards for Social Adult Day Care as prepared by the New York State Office for the Aging, New York State Department of Social Services, until such time as either the federal, state or County government promulgates regulations governing such facilities, whereupon adult day-care facilities shall comply with said regulations.

Occupancy. The number of participants shall be limited to a maximum of one participant per 150 square feet of gross floor area.

Participant/staff ratio. The recommended participant-to-direct-service-staff ratio shall be a maximum of five to one.

Construction. The exterior appearance of the building must be consistent with the prevailing architecture of the neighborhood.

Open space and screening. A minimum green space of 25% shall be provided. Screening and fencing shall be provided as the Planning Board determines reasonable and proper for the location of the same.

Government approvals. Granting of a special permit by the Town Board shall be conditioned on such approvals as may be required by involved federal, state or County agencies.

Type of care. A child day-care center is a facility whose program provides care for three or more children away from their home for more than three hours but less than 24 hours.

Minimum standards. A child day-care center shall be licensed by and operated in accordance with 18 NYCRR Part 418 of the New York State Department of Social Services.

Location. In residential zones, child day-care centers shall be operated within a school, hospital or place of worship. In all nonresidential zones, child day-care centers shall be located on the same lot as the principal use, except that in the C-N Zone, day-care centers may be located in independent buildings and mixed-use buildings with shared parking facilities, and in the R-P Zone, child day-care centers may be located in independent buildings or operated within a school or place of worship.

Size. In all nonresidential zones except C-N and R-P, the gross interior floor area of the child day-care center shall not exceed 10% of the gross interior floor area of the principal use.

Open space and screening. Screening and fencing shall be determined by the Planning Board. A minimum green space of 25% shall be provided.

Playground area. In all nonresidential zones except C-N and R-P, the required playground area shall be equal to 75 square feet per child per play period.

Government approvals. The granting of a special use permit by the Town Board shall be conditioned on such approvals as may be required by involved federal, state or County agencies.

Purpose. The purpose of permitting temporary accessory home-care units is:

General requirements.

Standards.

Conditions. An application for a building and zoning permit for an accessory home-care unit shall be accompanied by the following information:

Permit renewal and registration.

Violations. Failure to meet the requirements of this section shall constitute a violation of this chapter and result in prosecution.

Purpose. It is the purpose of this section to promote the health, safety and general welfare of the residents of the Town of Niskayuna; to provide standards for the safe provision of telecommunications consistent with applicable federal and state laws; to minimize the total number of telecommunications towers in the Town by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping.

Special permit required.

Use of existing tall structures. At all times, use or shared use of existing tall structures (for example, the municipal water tower, multi-story buildings, church steeples, etc.) and existing or approved towers as described in Subsection B(2) above shall be preferred to the construction of new towers.

New telecommunications towers. The Town Board may consider an application for a special permit for a new communications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant for a new telecommunications tower shall be required to present a report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Town Board or its designee in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a new tower. The report shall demonstrate good faith efforts to secure use or shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why use of an existing structure is not practical in each case. Written requests and responses for use of the existing structure shall be provided as part of the application.

Shared usage of an existing tower site for placement of a new tower. Where use or shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and its accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall be subject to the requirements of Subsections G through S below.

New tower at a new location. The Town Board may consider the location of a new telecommunications tower on a site not currently used for said use when the applicant demonstrates that use or shared use of existing tall structures and use of existing or approved towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based on the applicant's investigation in accordance with Subsection E above. Any proposal for a new telecommunications tower on a new site shall be subject to the requirements of Subsections G through S below.

New towers and future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. As part of the application for the special permit, the applicant shall submit to the Town Board a letter of intent committing the owner of the proposed new tower and his/her successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new tower owner and his/her successors in interest to:

Site plan review submission requirements.

Lot size and setbacks.

Visual impact assessment. The Town Board may require the applicant to undertake a visual impact assessment which may include:

New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

Existing vegetation. Existing vegetation within the perimeter of the tower site shall be preserved to the maximum extent practicable.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and the accessory facilities from nearby properties as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. New access driveways shall be a minimum of 12 feet wide and shall have a sufficient base to support a twenty-ton emergency vehicle as certified by a detailed cross-section stamped by a licensed engineer. Driveway areas shall be clear of obstructions for a height of 12 feet and a width of 16 feet.

Parking. Parking shall be provided to assure adequate emergency and service access. The reviewing Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.

Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, design of which shall be approved by the reviewing Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Removal. Towers in disuse shall be removed in accordance with the following procedures:

Intermunicipal notification. In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use and to assist in the contained development of County 911 services, the Town Board shall require that:

Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parkland from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of service of this notification shall be submitted to the Town Board prior to the public hearing.

Purpose. It is the purpose of this section to provide for small-scale facilities in the Land Conservation Zoning Districts of the Town where such facilities house research and education programs dedicated to the preservation and protection of the natural environment and/or the study of natural history.

Standards.

Access. All such facilities shall have access from an arterial or collector street and shall have at least one but not more than two points of ingress and egress.

Parking.

Architectural compatibility. The architectural style of the facility and its accessory structures shall be compatible with the natural and built environment of its surroundings. Natural materials should be used to the extent practicable.

Open space and screening.

Signs. One unlit, wall-mounted sign, not to exceed twelve square feet in area, is permitted. This sign shall be constructed from natural materials complementary to the building.

Purpose. It is the purpose of this section to provide an environment for a combination of office and light industrial uses that is both compatible with the essentially residential character of the Town of Niskayuna and supportive of efficient development of the permitted uses. Standards are intended to clearly identify desired plan elements that promote the health, safety, and welfare of the general community. These include the appropriate location, arrangement, and design of buildings, parking areas, open space and site amenities. This district is primarily for selective industries whose activities do not adversely impact the environment or quality of life of the residents of the Town or create an impact which is injurious to the public health, safety or general welfare of the residents or property owners of the Town of Niskayuna. Accordingly, due to the potential adverse and/or harmful impact of heavy industrial uses, such uses are explicitly excluded from this district. These standards shall supplement the applicable regulations of Schedule I[1] for the specific use and the regulations of Article V and Article VIII of this chapter. In the event of conflict, the standards of this section shall control.

Dimensional regulations.

Building design. The building design shall consider building facade, including color, and other significant design features, such as exterior materials and treatments, roof structure, exposed mechanical equipment and service and storage areas. Building design shall make appropriate recognition of building forms within the general neighborhood. Material shall have good architectural character, and metal facades and concrete block facades, other than architectural or split block, shall be discouraged along the building front.

Buffering, screening and open space. The overall intent of this standard is to promote and achieve, where possible, a well-landscaped site that takes into consideration the surroundings and the total environment. Consideration shall be given to preservation of natural and existing vegetation as well as new plantings throughout an entire site. The Planning Board shall take into consideration the location of the structures and parking areas and their proximity to adjacent buildings and/or lots. Consideration shall be given to planting along property lines, buffer areas and along the walls of the structure, where possible, without impeding the operations of the facility. However, if there is substantial natural vegetation on site that serves the requirements, e.g., screening, aesthetics, etc., the Planning Board shall not require additional plantings except where deficiencies shall exist.

Outdoor storage. With the exception of containers for domestic waste or limited storage associated with staging of the manufacturing process, outdoor storage is prohibited unless the Planning Board finds that it is warranted by circumstances. Where permitted, outdoor storage shall be fully screened and limited to the rear yard of the lot within the building setback lines. Domestic waste shall be placed in appropriately screened containers and disposed of in a timely manner. See the guidelines and standards in § 220-32.6C(8).

Utilities. In general, all utilities, such as water, sewer, gas, steam and electricity, shall be installed underground. Any exception shall require specific approval of the Planning Board.

Lighting. Pole- and building-mounted lighting shall be in accordance with Article VIIIB, Guidelines for Lighting of Outdoor Areas under Site Plan Review. The number of light standards and the intensity of light shall be adequate for public safety without glare to adjacent properties or streets. Light poles shall not exceed 30 feet in height.

Parking/Driveways. Minimum required driveways and off-street parking areas: In addition to the requirements of §§ 220-19 and 220-20, the following shall apply. In all cases where there is a conflict, these standards shall take precedence over § 220-19 and 220-20 standards in the Office Technology/Light Industrial Zone.

Signs. Signs serve not only a practical purpose but also help define the character and attractiveness of a development. The purpose of these standards is to promote signs which are visually compatible with their surroundings and which avoid inappropriate materials and design. At any time that there is a new sign or a modification or a replacement of an existing sign in the Office Technology/Light Industrial Zone, the following standards shall apply. These sign requirements shall be a supplement to those standards in § 220-22 and Schedule I standards in the Office Technology/Light Industrial Zone.[5]

Planning Board consideration. Each change of use in any existing facility in the O-T/LI Zone shall require site plan approval by the Planning Board in order to ensure that future uses are in keeping with the purpose of this article. (If the use is within the same category of uses, i.e., storage, from furniture to tools, no new site plan approval is required. However, if the use involves a change from storage to fabrication, then a new site plan approval is required.) In addition to any other requirements of the Town Code or New York State law, a site plan shall be provided to the Planning Board for review, outlining any changes to the site plan necessitated by the change in use. The Planning Board shall take into consideration current code requirements in an effort to bring outdated site plans into conformance as reasonably as possible.

Additional performance standards. All activities shall conform to the performance standards specified in § 220-23 (particulates, smoke, noxious gases, odor, fire and safety hazards, glare and heat, wastes, vibration, air quality, radioactive materials, etc.)

Purpose and intent. The Town Board of the Town of Niskayuna has a substantial and important interest in reducing the number of individuals of all ages who use cigarettes and other tobacco products, e-cigarette products, and marijuana products, with a particular interest in reducing the illegal sale of said products to minors. The Town Board finds that restricting the location of tobacco retailers in the Town is necessary to protect the public health, safety, and welfare of the community.

Distance separation requirements. Tobacco retailers, e-cigarette retailers and marijuana retailers, as defined in § 220-4 of this chapter, shall not be located within 1,000 feet from the property lines of any Niskayuna Central School District school, nursery school, school of private instruction, or child day-care center.