Sand Lake, NY Zoning Ordinance

Commercial:

Bed-and-breakfast establishment.

Day-care center.

Motel.

Professional office.

Recreation business.

Restaurant.

Retail business.

Service business.

Residential:

Apartments.

Multifamily dwellings.

Townhouses.

Other:

Accessory use.

Active recreation.

Open space.

Passive recreation.

Public or civic use.

Religious use.

Utility use.

§ 250-175 Pond View Residential District.

Purpose of the Pond View Residential District. The Pond View Residential District is dedicated to single-family residential uses with a maximum lot size of 30,000 square feet. Open spaces surrounding this district will be threaded with a walking path/recreation trail.

Permitted uses.

Residential:

One-family dwellings.

Two-family dwellings.

Townhouses.

Other:

Accessory use.

Open space.

Passive recreation.

Religious use.

Utility use.

§ 250-176 Residential and Community Recreation District.

Purpose of the Residential and Community Recreation District. The purpose of the Residential and Community Recreation District is to provide a large area of open land that can be used for playing fields. In addition to the playing fields, a residential neighborhood is planned for the area across from the playing fields. Open spaces surrounding this district will be threaded with a walking path/recreation trail.

Permitted uses.

Residential:

Townhouses.

Condos or apartments.

Other:

Accessory use.

Active recreation.

Open space.

Passive recreation.

Religious use.

Utility use.

§ 250-177 Conservation District.

Purpose of the Conservation District. The purpose of the Conservation District is to protect the wetlands at the north end of the site from development.

Permitted uses.

Passive recreation.

Open space.

§ 250-178 Building and lot requirements.

Density limits. The following limits on commercial density and residential housing units shall apply to the entire Westfall Village Hamlet PDD when it is completely developed. The densities described below are permitted subject to the provision of adequate water and sewer, in accordance with the rules and regulations of the New York State Department of Health. While the individual densities of the three districts created herein may vary, their combined densities and number of housing units shall not exceed the following:

Commercial space. The gross leasable area of all commercial buildings shall not exceed 150,000 square feet.

Big box exclusion. No single commercial establishment shall have a gross leasable area larger than 60,000 square feet.

Recreation business exception. The fields, courts, ice rinks or playing areas (and their associated seating areas and maintenance and storage areas) that are established for one indoor recreation business use in the Westfall Village Hamlet shall be excluded from the overall commercial density of 150,000 square feet and exempt from the 60,000 square-foot big box exclusion.

Residential units. The total number of residential dwelling units shall not exceed 110 dwelling units, excluding the 100 units specifically designed for senior housing.

Senior housing. The total number of housing units specifically designed for senior housing shall not exceed 100 dwelling units.

§ 250-179 Lot dimensions, coverages and setbacks.

Commercial structures constructed within the Westfall Village Hamlet shall be set back a minimum of 50 feet from other properties adjacent to the Westfall Village Hamlet where commercial uses are or may be located and 100 feet from adjacent properties where residential uses are or may be located.

Residential structures constructed within the Westfall Village Hamlet shall be set back 50 feet from other properties adjacent to the Westfall Village Hamlet.

Dimensions per Lot	Hamlet Center	Pond Residential	View Residential Recreation	Conservation
Minimum lot area (square feet)	3,000	30,000	6,000	X
Maximum structure coverage	90%	30%	60%	0%
Maximum impervious surface	100%	50%	60%	0%
Maximum structure height (feet)	40	35	35	—
Minimum lot width (feet)	40	60	40*	—
Minimum front yard (feet)	—	20	20	—
Minimum rear yard (feet)	—	20	20	—

NOTE:
*	No road frontage requirement for condominium/apartment uses.

Height exemptions. The height limitation shown above shall not apply to the following: belfries, church spires, cupolas, penthouses and domes that are not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level; nor to flag poles, monuments, transmission towers and cables, radio and television antennae or towers and similar structures. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose for which they are intended. No advertising device of any kind whatsoever shall be inscribed upon or attached to that part of any chimney, tower, tank or other structure that extends above the height limitations. There shall be no height limitation on barns, silos and other farm structures.

Parking.

Highly visible parking areas can damage the historic-style layout and architectural fabric of the Hamlet, interfere with pedestrian accessibility, and reduce the residents' quality of life. In order to balance the need for adequate parking with the need to minimize harm resulting from requiring excessive parking, off-street parking requirements shall be established within the minimum and maximum ranges shown on the Off-Street Parking Table in Subsection D(3). The Planning Board will set the number in the course of reviewing development applications.

The final number and layout of parking spaces shall be based on the need to protect public safety and convenience while minimizing harm to the evolving character of the Hamlet. The size of a parking space shall be nine feet by 18 feet. The aisle width and other dimensions shall follow commonly accepted engineering standards for parking layout and circulation. In determining the parking requirements for any proposed use, the Planning Board shall consider:

The maximum number of persons who would be parking at the use as employees, customers, clients, members, students, or other users, at times of peak usage.

Feasibility of minimizing parking requirements by sharing spaces with other adjacent uses.

The size of the structure(s) and the site.

The availability of existing off-street parking available on a shared-use basis, and on-street parking.

Off-street parking chart.

Use	Number of Off-Street Parking Spaces
Apartments above commercial uses	No additional off-street parking required
Bed-and-breakfast establishment	1 for each resident and 1 per guest room
Day-care center	1 per 200 maximum - 1,000 minimum square feet
Motel	1 for each bedroom
Professional office	1 per 200 maximum - 1,000 minimum square feet
Restaurant	1 per 200 maximum - 1,000 minimum square feet
Religious institution	1 for each 2 maximum - 8 minimum seats
Retail and service businesses	1 per 200 maximum - 1,000 minimum square feet
Residential dwelling units (except apartments)	2 per unit
Senior housing units	1 per 2 units

Parking requirements for uses not shown on the chart above shall be determined during development review based on the criteria listed above.

All square-foot requirements refer to the gross leasable area of the building or portion thereof dedicated to the use in question.

Loading. Off-street loading facilities shall be provided for each commercial or manufacturing establishment and shall be so arranged as not to interfere with pedestrian or vehicular traffic within the Westfall Village Hamlet or on Route 43.

Subdivision. Subdivision of the property within the Westfall Village Hamlet is permitted in accordance with the subdivision regulations of the Town of Sand Lake.

New lots created within the Westfall Village Hamlet are subject to the lot dimensions, coverages, and setbacks described in Subsection B of this section.

If the Subdivision Regulations of the Town of Sand Lake and the dimensional requirements of this code conflict, the Planning Board shall defer to the provisions of the Westfall Village Hamlet Development Code and Design Guidelines.

§ 250-180 Design guidelines.

Introduction. The Westfall Village Hamlet design guidelines will be used during the implementation of the design and site plan review of the Westfall Village Hamlet. These design guidelines were developed to be used by the owner, developers, and the public officials responsible for reviewing projects in the Hamlet. The design guidelines are written to help guide the Hamlet as it develops.

Intent and purpose. The purpose of these guidelines is to advance the sense of place and character expressed in the Westfall Village concept plan. It is envisioned that these design guidelines will aid in the development of the Westfall Village Hamlet as it grows, offering an interesting, cohesive, and attractive setting that complements the other hamlets and all other development in the Town of Sand Lake. It is the intent of these guidelines to support good development and community character-building ideas, and to allow flexibility in their application. The intent of the Westfall Village Hamlet design guidelines, therefore, is to provide an overall set of traditional design principles for the development of the Hamlet. These principles are translated into specific architectural and site design guidelines that govern the physical design and layout of the Hamlet. Where strict application of these guidelines would stifle their purpose, they shall not be followed.

Organization and applicability. The design guidelines are organized around a set of general principles that apply to the entire Westfall Village Hamlet. These general principles are then broken down into transportation, site and architectural design guidelines. It should be noted that the intent of the design guidelines is not to supersede the other provisions of this article but to supplement them. Where design guidelines are applicable, compliance is expected to the maximum extent practicable. Practical difficulties or potential conflicts shall be worked out during the approval process.

Principles. Successful places and memorable communities evolve from a set of guiding principles. These principles direct how an area will grow and evolve over time and adapt to changing situations. The guiding principles that serve as the foundation for the Westfall Village Hamlet design guidelines are derived from traditional principles of Town planning and design. These principles are as follows:

Create clear vehicular movement and pedestrian patterns.

The Hamlet shall accommodate pedestrians, bicycles, and motor vehicles.

The main streets should be lined with trees, sidewalks, low-level lighting, and landscaped areas with trees, shrubs, flowers and ground cover.

Connections between uses shall be encouraged and considered when siting adjacent buildings in the Hamlet. Internal drives between parking lots should form an interconnected network to distribute automobile traffic between uses in the Hamlet.

Sidewalks shall be an integral component of the transportation infrastructure, as shall bike and/or multipurpose trails.

A trail system shall loop the entire Hamlet and be used to strengthen the connection between each district.

Access to regional transportation (e.g., bus service) shall be provided at visible, attractive and safe locations within the Hamlet.

(g)

Vehicular and pedestrian movement shall be separated through the installation of a pedestrian-friendly streetscape and traffic-calming mechanisms.

Relate buildings and structures to the site.

Human-scale buildings, structures and public spaces (plazas, courtyards, squares, open space) and pedestrian access shall be incorporated as an integral component of development in the Hamlet, rather than as a byproduct of the development process.

All buildings shall be organized in such a way that the front of the structure addresses the public realm (e.g., front doors on front walks, engaging window displays and treatments, etc.) which exists along the streets and shall be located along the build-to line or setback established for that area.

In the Hamlet Center District, the primary building entry should face the street and, where applicable, a secondary entry should face the parking area to provide access for patrons, employees and deliveries. The creation of additional side and back entrances to buildings will render side and rear parking lots more attractive to customers and the buildings more visually interesting to pedestrians.

In the Hamlet Center District, provisions for public access such as sidewalks and building entry areas shall be incorporated into the site design of all development that fronts the main streets. Such provisions shall allow for pedestrian corridors and other design elements such as plantings, benches, trash receptacles, bike racks, signage, and street trees as appropriate and defined by the design guidelines.

Apply traditional design patterns that respect area and building scale, patterns, and details.

Buildings should be designed according to the regional historic architectural styles, with details that maintain and respect the size, scale, pattern and detail of appropriate examples of Sand Lake and Rensselaer County's historic structures.

A "continuity of interest" along the street should exist that consists of landscaping, unique architecture, and attractive and engaging facades, entrances and display windows in commercial areas.

Garages, parking lots, service entries, storage, maintenance, loading, and refuse collection areas should be relegated to the rear or sides of buildings, screened from public view. Front-facing garages are permissible where it is not practical to build side- or rear-load garages. Where front-load garages are utilized, additional measures shall be taken to ensure that said garages complement the appearance of their adjacent main dwellings to the extent feasible.

Parking lots, service areas, utility facilities, dumpsters and other unsightly elements, as well as adjacent residential areas, should be buffered from view through the use of plantings, appropriate fencing, a combination of the two, or site layout and building configuration.

Transportation and mobility guidelines.

Introduction. New York State Route 43 (NYS Rt. 43) plays an important role in the transportation network of the Town of Sand Lake and the larger regional area. As such, NYS Rt. 43 is both a major regional transportation corridor and a collector for local businesses and residents. The Town recognizes the need to maintain acceptable levels of service along NYS Rt. 43 while providing for the safe and efficient movement of both pedestrians and vehicles into and out of the Westfall Village Hamlet. Further, clear patterns of vehicular and pedestrian movement are essential to creating a safe and pedestrian-friendly environment within the Westfall Village Hamlet itself. To ensure the safe, efficient movement of pedestrians and vehicles, both modes of transportation shall be accommodated in the Hamlet and shall be separated through the use of a well-defined streetscape; clear, uniform and safe intersection alignments; and the use of traffic-calming mechanisms. Pedestrian and streetscape elements and traffic-calming mechanisms are addressed under Subsection G, Streetscape and traffic calming. Suggested design elements that will increase mobility within the Hamlet and its connection to the existing transportation system on NYS Rt. 43 include:

Within the Hamlet, average lane widths shall be of a sufficient dimension. Narrower street widths are preferred within the hamlet. Suggested minimum width is nine feet. Narrow streets, even at a minimum of nine feet wide, can still accommodate cars, service and emergency vehicles and also have the ability to slow traffic and encourage walking. Town road standards that are based on suburban conditions (e.g., wider streets) are inappropriate for hamlet development.

Intersection turning radii shall also be of a sufficient dimension to accommodate cars and service and emergency vehicles safely.

The design of the main streets in the Hamlet should include a well-defined streetscape, as described below.

Linkage and curb cuts. The clear and orderly organization and movement of pedestrians and vehicles would be further enhanced by linking destinations together via a pedestrian network, linked parking areas, and by the use of curbs to reinforce the separation of vehicular and pedestrian areas, including the following themes:

Entrances and exits to parking lots should be consolidated and shared;

Sidewalks and internal drives should link businesses and parking areas; and

Curbs shall be installed to define the edge between parking areas and streets.

Streetscape and traffic calming. Safe and efficient movement of vehicles and pedestrians can be accomplished through a well-defined streetscape. A well-defined streetscape creates an attractive environment with clearly defined pedestrian, vehicular, and shared or overlapping zones. In areas of shared movement, traffic-calming mechanisms are used to manage the overlap between pedestrian and vehicular zones. These shared areas occur most frequently along road shoulders, at intersections and crossings, and in parking lots. Traffic-calming elements that should be part of the streetscape include:

The alignment of intersections for clear visual observation;

Incorporation of curves into street design to slow traffic;

Changes in pavement materials, texture, color and pattern, especially at crosswalks;

Construction of sidewalks, curbs and curb bump-outs;

Incorporation of pedestrian crosswalks;

(6)

Use of street trees and planted medians;

(7)

On-street parking; and

(8)

Use of appropriate signage, lighting, pedestrian crossing signals and traffic lights.

Parking and pedestrian and vehicular circulation.

Sidewalks shall be installed within the Hamlet, built to acceptable Town construction standards and shall incorporate universal access standards for disabled individuals where appropriate and necessary.

Parking should be subservient to the buildings and pedestrian system.

Shared parking areas are preferred and should be encouraged to the maximum extent possible.

Larger parking lots shall incorporate elements such as islands with plantings to break up the mass and space of the parking lot and to provide for safe pedestrian navigation.

Parallel on-street parking along the Hamlet's main streets should be provided in the Hamlet Center District and encouraged in other areas where appropriate.

(6)

Parking requirements, as addressed in this article and specific to the area, shall be adhered to for all development and construction projects.

Architectural guidelines.

General architectural guidelines.

Buildings in the Hamlet should be grouped together to create an attractive and engaging streetscape, encourage higher-density development and preserve open space.

In commercial areas, clusters of smaller buildings are desired, rather than large single buildings separated by vast expanses of parking lots.

The design of new construction should creatively reflect elements of traditionally styled local architecture, appear as a comprehensive sequence in size and shape, be compatible with adjacent buildings and positively contribute to the overall organization and architectural theme of the Hamlet and not detract from it.

New construction should feature elements such as open or enclosed porches, colonnades, patios or plazas and landscape amenities that are at a human scale.

In commercial areas, buildings, rather than parking lots and pavement, shall form a definitive edge to the street.

In commercial areas, the front yard setback should be used for plantings and/or an entry feature to make the storefronts more engaging and responsive to the public realm of the street and to screen parking areas.

Building height.

The height of new construction should complement the size of adjacent structures.

Two-story buildings are preferred within the Pond View Residential and the Community Recreation and Residential Districts.

Two- to three-story buildings are preferred in the Hamlet Center District.

In areas where more height is desired, additional height can be implied by using strong vertical proportioning elements on the facade.

Rooflines.

Peaked roofs are generally preferred to flat roofs.

Extensive use of very steep, or flat or very-low-pitched roofs should be avoided.

Where flat roofs are used, they should be capped by a structural expression of the facade, not a fake roof front.

Sloping roofs should be broken up by the use of dormers and gables to give the facade more visual prominence.

Creative use of gables, dormers, and other roofline elements to highlight entrances and bring a sense of architectural distinction are encouraged.

Longer buildings should provide fluctuations in the roofline, designed to break up the facade and make entryways more prominent.

(g)

Antennas, satellite dishes, air-handling units and other mechanical equipment placed on a roof should not be visible from the street.

Building proportion and scale.

The size of new construction, the scale of its footprint, facade and its materials, including windows and bays, should be sympathetic to the scale of its neighboring buildings.

The proportion of new construction should be compatible with the proportion of its neighboring buildings or to a scale compatible to the smaller of the structures.

The relative portion and size of design elements in a structure, such as windows and bays, should be kept consistent throughout the design and in keeping with the proportion, general scale and mass of adjacent structures.

In commercial areas, the overall facade composition can give a small-scale impression and be sympathetic to the scale of neighboring buildings by breaking the building down into smaller distinct portions; using subtle articulation and divisions between two or more stories, decorative designs, and adornment in the facade; using similarly sized building materials and wall openings; and by coordinating with adjacent buildings.

Building materials and colors.

Finish materials and colors should harmonize with the materials and colors of the adjacent buildings and positively contribute to the overall theme of the Hamlet.

Building color should complement colors used on adjacent structures and be of a natural, muted shade.

The use of constants between the main color theme and an accent color are recommended (e.g., dark vs. light); however, the number of colors used should be kept to a minimum.

Subtle accents in the plane of the facade, created through the use of secondary materials such as rough textured materials or decoration (such as brickwork patterns), are encouraged but should not be used as the primary theme.

Wood, cement or vinyl clapboard and brick or stone are the preferred materials for new construction.

In commercial areas, materials such as bricks, stone and wood, cement or vinyl clapboard, which are smaller in scale, should be used in pedestrian areas instead of metal or glass panels.

(6)

Facade composition/rhythm in commercial areas.

Buildings that face the street should relate to the street through an interesting facade, entranceway, window treatment or other scheme.

Facades should attempt to coordinate/complement the relative heights of elements (e.g., datum lines), rhythms or bay systems of adjacent buildings as they are expressed on the facade with adjacent buildings.

The facade on corner buildings should be designed to wrap the corner by continuing design elements like horizontal bands or cornices.

Facade compositions should be made up of base, middle and top levels that are readily discernible from each other. The top level of a facade should be noticeable enough to provide a visual cap to the building overall. The base level of a facade should sit on a small plinth that creates a subtle transition between it and the ground.

Vertical elements on the facade, such as columns, posts, pilasters and colonnades, can be used to heighten an otherwise short building and create a strong rhythm. However, these items should be proportioned so as not to appear too thin or spindly to carry the weight above them.

The rhythm of the facade should be of a clear, simple and easily recognizable pattern. Within this pattern, however, more subtle and interesting patterns may be utilized to enrich the design further.

(g)

Buildings that are squat in proportion or have a strong horizontal element in their facade, such as long rows of windows across the facade, are discouraged.

(7)

Fenestration (i.e., doors and windows) in commercial areas.

The amount of fenestration in a facade should be consistent with the amount of fenestration in adjacent buildings and should remain sympathetic to the buildings in the vicinity and respond to the historic local architectural styles.

At street level, the ground-floor facade and, in particular, the entry should have the highest amount of fenestration and depth, should be open and inviting, and should have large display windows to glance into.

The facade on the upper floors should be complementary to the ground-floor facade with the upper floors having slightly less fenestration and a decreasing percentage of window openings.

Openings in the facade should be framed by a lintel or arch above doors and windows and a sill at the bottom for windows. Lintels in masonry buildings should appear strong enough to support the weight they are carrying.

Window types above the base level should be double-hung, awning or transom windows on street elevations.