[Added 7-27-2017 by L.L.
No. 2-2017[1]]
How To Use This Code
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Step 1
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Find the Transect Zone for your parcel
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See Regulating Plan
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Step 2
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What do you want to do?
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See § 210-165, Use regulations, and the Use and Dimensional Tables
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Step 3
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Comply with standards for building form, building placement
& parking lot placement
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See § 210-164, Regulating Plan, for details
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Step 4
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Comply with development regulations - additional design details
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See § 210-166, Development regulations
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Step 5
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Special circumstances?
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Site Plan Review - Article VI
Special Use Permit - Article VII
Nonconforming Use - Article XIII
Zoning Board of Appeals - Article XIV
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[1]
Editor's Note: This local law also repealed former Art.
XXI, Stormwater Control, added 10-6-2016 by L.L. No. 6-2016.
A.
The Form-Based Code as herein set forth has been made in accordance
with the Town Comprehensive Plan for the purpose of promoting health,
safety and the general welfare of the community. The Code also follows
recommendations from the Hudson River Waterfront Revitalization Plan.
B.
The Form-Based Code is adopted to:
(1)
Provide a guide for the physical development of the Town and
coordinate development with the Village of Stillwater along the Route
4 Corridor.
(2)
Preserve the character of the Town of Stillwater.
(3)
Increase economic stability, vitality, and tourism.
(4)
Ensure housing stability, diversity, and property maintenance.
(5)
Promote pedestrian- and bicycle-friendly environments.
(6)
Preserve, protect, and promote recreation, historic/cultural/natural
and open space resources.
(7)
Encourage use, enjoyment, and focus on the unique Hudson River
waterfront.
(8)
Preserve important viewsheds and protect the Town's rural
character.
A.
Zones. For the purposes of this Code, the Town of Stillwater is hereby
divided into the following zones:
Title
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Symbol
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T2 Conservation
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T2
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T3N Neighborhood
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T3N
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T3G Gateway
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T3G
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T4 Riverfront Corridor
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T4
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T5 Gateway
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T5
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B.
Regulating Plan. The boundaries of the zones are hereby established
on a map entitled "Regulating Plan of the Town of Stillwater," adopted
by the Town Board as part of this Code. The Regulating Plan may be
amended in the same manner as any other part of this Code. Such changes
shall be noted by the Town Clerk on the official Zoning Map promptly
after the amendment has been approved by the Town Board.
D.
Zone purposes; building and parking lot placement; building height.
(1)
T2 Rural Conservation (T2).
(a)
Purpose: preserve, protect, and promote the rural agricultural
heritage of the area while allowing compatible low-density residential
development and agricultural-supportive uses and protecting important
viewsheds in relation to the Saratoga National Historical Park.
(c)
Building form.
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Building Form
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Maximum Building Height
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Maximum building height1
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2-story
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Lot Requirements
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Lot size
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2 acres per dwelling unit
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Maximum lot coverage
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40%
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Minimum lot width
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300 feet (n/a for agricultural uses and roadside stands)
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Building Frontage - See Required Private Frontage Types
(Table 3)
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Principal frontage
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Common yard, porch and fence
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Secondary frontage
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Common yard, porch and fence
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NOTE:
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1
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1Maximum building heights shall be
consistent with the International Building Code (currently Section
504.3 as adopted by New York State) and subject to approval by the
Fire Marshal and Code Enforcement Officer.
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(2)
T3 Neighborhood (T3N).
(a)
Purpose: promote a range of housing types and opportunities
in keeping with the surrounding neighborhood and encourage connectivity
to surrounding neighborhoods, the Town's mixed use areas, and
the Trail.
(b)
Building placement and parking lot placement.
(c)
Building form.
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Building Form
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Maximum Building Height
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Maximum building height1
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2-story
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Lot Requirements
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Lot size
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1 acre per development unit without public water and sewer;
20,000 square feet per development unit with either public water or
sewer; 10,000 square feet per development unit with both public water
and sewer
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Maximum lot coverage
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40%
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Minimum lot width
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150 feet without public water and sewer; 125 feet with either
public water or sewer; 100 feet with both public water and sewer
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Building Frontage - See Required Private Frontage Types
(Table 3)
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Principal frontage
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Common yard, porch and fence
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Secondary frontage
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Common yard, porch and fence
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Minimum Window Transparency
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Ground floor
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20%
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Upper floors
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20%
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NOTE:
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1Maximum building heights shall be
consistent with the International Building Code (currently Section
504.3 as adopted by New York State) and subject to approval by the
Fire Marshal and Code Enforcement Officer.
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(3)
T3 Gateway (T3G).
(a)
Purpose: promote commercial opportunities and residential development
in keeping with the rural character of the area and encourage connectivity
to and from commercial establishments, the surrounding neighborhoods,
and the Trail.
(b)
Building placement and parking lot placement.
(c)
Building form.
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Building Form
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Maximum Building Height
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Maximum building height1
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2-story
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Lot Requirements
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Lot Size
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6,000 square feet per dwelling unit
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Maximum lot coverage
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60%
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Minimum lot width
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50 feet
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Building Frontage - See Required Private Frontage Types
(Table 3)
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Principal frontage
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Common yard, porch and fence
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Secondary frontage
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Common yard, porch and fence
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Minimum Window Transparency
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Ground floor
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20%
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Upper floors
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20%
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NOTE:
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1Maximum building heights shall be
consistent with the International Building Code (currently Section
504.3 as adopted by New York State) and subject to approval by the
Fire Marshal and Code Enforcement Officer.
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(4)
T4 Riverfront Corridor (T4).
(a)
Purpose: promote and enhance the Town's identity by encouraging
mixed-use development, street level activity, walkability to surrounding
neighborhoods, and additional public access to the Hudson River.
(b)
Building placement and parking lot placement.
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Building Placement and Parking Lot Placement
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Setback
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Front
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15 feet
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Side
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10 feet nonwaterfront;
15 feet waterfront
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Rear
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10 feet
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Front Setback Encroachments
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Open porch
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80% maximum
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Balcony and/or bay window
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Stoop or terrace
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Sidewalk Encroachments
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Awning or gallery
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Within 2 feet of curb
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Parking Placement
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1st layer
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Not permitted
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2nd layer
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Not permitted
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3rd layer
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Permitted
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(c)
Building form.
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Building Form
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Maximum Building Height
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Maximum building height1
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3-story
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Lot Requirements
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Lot size
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6,000 square feet per dwelling unit
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Maximum lot coverage
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60%
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Minimum lot width
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50 feet
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Building Frontage - See Required Private Frontage Types
(Table 3)
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Principal frontage
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Porch and fence, stoop, terrace, forecourt, shopfront, gallery
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Secondary frontage
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Porch and fence, stoop, terrace, forecourt, shopfront, gallery
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Minimum Window Transparency
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Residential Only
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Other Uses
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Ground floor
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20%
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60%
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Upper floors
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20%
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35%
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Ceiling Height
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Ground floor (commercial)
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12 to 18 feet
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Upper floors
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Up to 14 feet
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NOTE:
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1Maximum building heights shall be
consistent with the International Building Code (currently Section
504.3 as adopted by New York State) and subject to approval by the
Fire Marshal and Code Enforcement Officer.
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(5)
T5 Gateway (T5G).
(a)
Purpose: maximize economic development potential by encouraging
infill, reuse, and expansion of businesses while promoting and enhancing
the Town's identity by encouraging mixed-use development, street
level activity, and walkability to connect to surrounding neighborhoods.
(b)
Building placement and parking lot placement.
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Building Placement and Parking Lot Placement
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Setback
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Front
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0 to 10 feet or 15 feet with outdoor dining/plaza
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Side
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0 to 5 feet
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Rear
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5 feet
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Front Setback Encroachments
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Open porch
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100% maximum
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Balcony and/or bay window
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Stoop or terrace
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Sidewalk Encroachments
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Awning or gallery
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Within 2 feet of curb
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Parking Placement
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1st layer
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Not permitted
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2nd layer
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Not permitted
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3rd layer
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Permitted
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(c)
Building form.
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Building Form
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Maximum Building Height
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Maximum building height1
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3-story
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Lot Requirements
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Lot size
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5,000 square feet per dwelling unit
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Maximum lot coverage
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75%
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Minimum lot width
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30 feet
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Building Frontage - See Required Private Frontage Types
(Table 3)
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Principal frontage
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Porch and fence, stoop, terrace, forecourt, shopfront, gallery
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Secondary frontage
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Porch and fence, stoop, terrace, forecourt, shopfront, gallery
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Minimum Window Transparency
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Residential Only
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Other Uses
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Ground floor
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20%
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60%
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Upper floors
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20%
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35%
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Ceiling Height
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Ground floor (commercial)
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12 to 18 feet
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Upper floors
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Up to 14 feet
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NOTE:
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1Maximum building heights shall be
consistent with the International Building Code (currently Section
504.3 as adopted by New York State) and subject to approval by the
Fire Marshal and Code Enforcement Officer.
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A.
Uses. Allowed uses are identified in the Town of Stillwater Schedule
of Uses, Table 1.[1]
[1]
Editor's Note: Table 1, Summary of Allowed Uses, is included as an attachment to this chapter.
B.
Unlisted uses.
(1)
If a use is not listed as allowed or allowed with a special
use permit, but is similar in nature and impact to a use listed in
this Code, the Zoning Board of Appeals may interpret the use as allowed
or allowed with a special use permit.
(2)
If a use is not listed and cannot be interpreted by the Zoning
Board of Appeals as similar in nature, the use is deemed prohibited.
A.
Dimensional standards. Standards for development are found in § 210-164, Regulating Plan, and summarized in Table 2, Town of Stillwater Dimensional Schedule.
B.
Bonus provisions. (Reserved)
C.
Building design.
(1)
Blank walls shall not be permitted along any exterior wall facing
a street, pedestrian area, or parking area. Walls or portions of walls
without windows must have architectural treatments or design treatments
that are similar to the front facade in materials, colors, and details.
(2)
Service entrances. Loading docks, overhead doors, and other
service entrances are prohibited facing a street.
(3)
Building massing. Building massing must incorporate varied rooflines,
building heights, and other architectural features instead of a long
linear row of buildings.
(a)
There must be breaks in a linear row of buildings at minimum
every 50 feet as described above.
(b)
The Stillwater Route 4 Corridor Design Guidelines describes recommended architectural treatments.
D.
Building materials, colors and details.
(1)
Building materials, colors, and details shall be compatible
with the surrounding neighborhood character.
(2)
Examples can be found in the Stillwater Route 4 Corridor Design Guidelines.[1]
[1]
Editor's Note: The Stillwater Route 4 Corridor Design Guidelines are included in the online version of the Code of the Town of Stillwater (eCode360®). Said document is also on file in the Town offices.
E.
Additional window standards.
(1)
The ground floor and upper stories must meet the window transparency requirements of each Transect Zone (as applicable) in § 210-164.
(2)
Smoked, reflective, or black glass in windows is prohibited on the ground floor. Clear glass windows are recommended on upper floors as further described in the Stillwater Route 4 Corridor Design Guidelines.
(3)
Window sill height. Ground floor windows shall be a maximum
of 12 to 20 inches above the sidewalk. The window sill height shall
be measured from the base of the building beneath the window sill
to the window glass.
F.
Private frontages. The following standards for private frontages
follow in Table 3:
Table 3
Private Frontages
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Section
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Plan
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Private frontages: The private frontage
is the area between the building facade and the lot lines.
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Lot ►
Private ►
Frontage
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◄ Right-of-Way
◄ Public
Frontage
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Lot ►
Private ►
Frontage
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◄ Right-of-Way
◄ Public
Frontage
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Common Yard: The main facade of the building
has a larger setback from the frontage line. The front yard may have
a fence or hedge in a traditional neighorhood or have no fence in
more rural areas. The yard is visually continuous with adjacent yards,
supporting a common landscape. A front porch is optional.
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T2
T3N
T3G
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Porch and Fence: The main facade of the
building has a small setback from the frontage line. The front yard
can be defined by a fence or hedge. The porch can encroach on the
setback. Porches shall be no less than 6 to 8 feet deep.
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T3
T4
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Terrace: A frontage where the facade is
set back from the frontage line by an elevated terrace. Terraces are
suitable for outdoor dining.
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T4
T5
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Forecourt: The main facade of the building
is close to the frontage line and the central portion is set back.
The forecourt could be used as an entry court, shared garden space
for apartment buildings, or additional shopping or outdoor dining.
The orientation of such space should be considered for solar orientation.
Large trees within the forecourts may overhang the sidewalks. A short
wall, hedge, or fence should be placed along any undefined edge. This
frontage should be used sparingly not be repeated within a block.
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T4
T5
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Stoop: The main facade of the building
is near the frontage line with the ground floor elevated from the
sidewalk to ensure privacy within the building. The entrance is usually
an exterior stair and landing. This type is recommended for ground-floor
residential use.
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T4
T5
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Shopfront: The main facade of the building
is at or near the frontage line with the building entrance at sidewalk
grade. This type is appropriate for retail and commercial uses. It
has substantial windows on the sidewalk level and an awning that should
overlap the sidewalk to within 2 feet of the curb.
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T4
T5
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Gallery: The main facade of the building
is at the frontage line and the gallery element overlaps the sidewalk.
This type is appropriate for retail and commercial uses. The gallery
should be no less than 10 feet wide and should overlap the sidewalk
to within 2 feet of the curb.
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T4
T5
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G.
Build-to-line. Buildings are preferred to be built to the sidewalk
in the T5 Zone or a maximum of 10 feet from the frontage line unless
set back by 15 feet for the purposes of outdoor dining or plaza as
described herein.
H.
Side yard setback.
(1)
There shall be no side yard setback for buildings that share
a party wall.
(2)
In the T4 Zone, side yard setbacks must be 10 feet for nonwaterfront
properties and 15 feet for waterfront properties.
(3)
In the T5 Zone, a row of continuous buildings is preferred with
no side yard setback or a maximum of five feet for a side yard setback.
I.
Building orientation. The front facade of a building must be oriented
towards the principal frontage with a public entrance in this facade.
K.
Building entrances.
(1)
All primary entrances must be prominently visible and accentuated
with a recessed entrance, chamfered corner, awning, entranceway roof,
sidelight, transom, or adjacent windows to the doorway, and/or additional
mouldings with expression lines. Examples can be found in the Stillwater
Route 4 Design Corridor Guidelines.[2]
[2]
Editor's Note: The Stillwater Route 4 Design Corridor
Guidelines are included in the online version of the Code of the Town
of Stillwater (eCode360®). Said document is also on file in the
Town offices.
(2)
All floors must have a primary ground-floor entrance that faces
the principal frontage and may have additional entrances on the secondary
frontage and/or waterfront frontage.
L.
Drive-through windows.
(1)
Drive-through windows shall not be located along the principal
frontage but may be located to the side and rear of the building.
(2)
Drive-through window design and materials should be consistent with the overall building style, form, and materials. Additional information can be found in the Stillwater Route 4 Corridor Design Guidelines.
(3)
Pedestrian walkways must have clear visibility and be enhanced
with pavings or markings when they intersect with drive-through aisles.
(4)
Stacking spaces and aisles shall be provided in accordance with
the off-street parking provisions.
(5)
Menu boards, loudspeakers, stacking spaces, drive-through windows,
service and loading shall be located only in interior side or rear
yards.
(6)
Loudspeakers, automobile service order devices, and similar
instruments shall be located at least 20 feet from any street right-of-way
and 20 feet from any property boundaries.
(7)
A drive-through menu board shall comply with the standards for
freestanding or monument signs.
(8)
Screening. All service, mechanical equipment, and trash storage
shall be screened from adjacent sites and public rights-of-way.
(9)
Trash receptacles must be provided.
M.
Exterior lighting standards and glare.
(1)
All outdoor lighting must be designed so as to prevent glare
onto adjacent properties, pedestrians, and operators of motor vehicles
and must comply with the following:
(a)
Non-cutoff and semi-cutoff light(s) are prohibited.
(b)
Full-cutoff light fixtures shall have a maximum combined height
of pole and base of no more than 20 feet in height for off-street
parking lots and 14 feet for sidewalks and multi-use trails.
(c)
Focused light fixtures may be used to illuminate a sign, structure,
or similar element.
(2)
All outdoor light fixtures provided in connection with permitted
construction work or the abatement of an emergency must be exempt.
N.
Green infrastructure best management practices.
(1)
Where practicable, stormwater management facilities should utilize
green infrastructure best management practices (BMPs) according to
the following hierarchy of preference.
(a)
Conserve and protect natural areas.
(b)
Reduce impervious surfaces in the site design through on-site
infiltration practices, including, but not limited to, rain gardens,
vegetated swales, filter strips, constructed wetlands, stormwater
planters, permeable pavement and porous pavement.
(c)
Reduce runoff through low-impact practices, including, but not
limited to, green roofs, blue roofs, and rain barrels or cisterns.
O.
Outdoor dining and plazas.
(1)
Outdoor dining.
(a)
Outdoor dining shall maintain a minimum of five feet of sidewalk
clearance for pedestrian passage at all times.
(b)
Outdoor furniture may consist of movable tables, chairs, umbrellas,
planters, lights, and heaters.
(c)
Lighting fixtures may be permanently attached to the exterior
of the building.
(d)
Advertising or promotional features shall be limited to umbrellas
and canopies.
(e)
All movable furniture shall be removed during the off-season.
(f)
Planters, posts with ropes, decorative walls or fences, or other
removable enclosures as well as a reservation podium are encouraged
and shall be used as a way of defining the area occupied by the restaurant.
(g)
Trash containers should be provided.
(2)
Plaza.
(a)
The plaza must be located where it is visible from a public
sidewalk or pedestrian connection.
(b)
Thirty percent of the space must be landscaped with trees, shrubs,
and mixed plantings with year-round interest.
(c)
Trees shall be installed of three-inch caliper.
(d)
The plaza shall provide shade with trees, canopies, trellises,
umbrellas, or building walls.
(e)
Seventy percent of plazas shall be surfaced with high-quality,
durable, impervious, semipervious, or pervious materials depending
on location.
(f)
One seating space is required for each 30 square feet of plaza
area.
(g)
The plaza shall not be used for parking, loading, or vehicular
access (excluding emergency vehicular access).
(h)
Public art and furnishings are encouraged.
(i)
Trash containers shall be distributed throughout the plaza.
(j)
Lighting shall be provided.
(k)
Plazas shall connect to other activities such as outdoor dining,
restaurants, shopfronts, and building entries.
(l)
Plazas shall be located if possible to have maximum sunlight
with a south or west orientation.
(m)
If constructed by a private entity, plazas must have an agreement
with the Town of Stillwater for public access.
P.
Parking standards and design.
(1)
Required off-street parking spaces. The minimum cumulative number
of spaces shall be determined per the below table. No more than 120%
of the required minimum parking is permitted.
(2)
The following minimum off-street parking standards apply (Table
5). Each use may be permitted a parking reduction subject to the discretion
of the Town of Stillwater Planning Board in accordance with the shared
parking provisions herein:
Table 5
Parking Standards in Transect Zones T2, T3N, T3G, T4 and
T5
| ||
---|---|---|
|
Use
|
Number of Spaces
|
Residential Uses
| ||
|
Single-family dwelling
|
2 per dwelling unit
|
|
2-family dwelling
| |
|
3- and 4-family dwellings
|
1.5 per dwelling unit
|
|
Dwelling, multifamily
| |
|
Farm worker housing
|
2 per dwelling unit
|
Agricultural Uses
| ||
|
Agricultural processing
|
1 per 300 square feet of usable area with a minimum of 4 spaces,
plus any requirement for primary dwelling
|
|
Agricultural uses
| |
|
Commercial greenhouse or nursery
|
1 per 300 square feet of retail or service-oriented usable space
or 1 per 4 seats, whichever is greater
|
|
Commercial riding stable
| |
|
Farm and construction equipment sales and service
| |
|
Produce stands
| |
|
Sawmill, chipping or pallet mill
| |
Accessory Uses
| ||
|
Home occupation
|
1 per 200 square feet plus requirement for primary dwelling
|
Lodging Uses
| ||
|
Bed-and-breakfast
|
1 per room for rent plus 1 per employee on the largest shift
|
|
Motel, hotel, inn
| |
Retail and Service Uses
| ||
|
Amusement use
|
1 per 300 square feet of retail or service-oriented usable space
or 1 per 4 seats, whichever is greater
|
|
Auto body shop and motor vehicle repair shop
| |
|
Auto body sales
| |
|
Bank
| |
|
Boat storage, sales and repair
| |
|
Car wash
| |
|
Day-care center
| |
|
Fast-food restaurant
| |
|
Funeral home
| |
|
Gasoline station
| |
|
Kennel
| |
|
Marina and other waterfront-related use
| |
|
Professional office
| |
|
Recreational facility (private or commercial)
| |
|
Restaurant and tavern
| |
|
Retail
| |
|
Theater
| |
|
Veterinary clinic
| |
Mixed Use
| ||
|
Live-work
|
1 per 300 square feet
|
|
Mixed use building
|
Sum of the requirements for the mix of uses (combination of
uses on a single lot) subject to shared parking
|
Industrial Use
| ||
|
Craft production
|
1 per employee on the largest shift
|
|
Warehouse
| |
Civic Uses
| ||
|
Campground and group camp
|
1 per 300 square feet or 1 per 10 seats, whichever is greater
|
|
Cemetery
| |
|
Club (public and private)
| |
|
Community, governmental, municipal
| |
|
Golf course
| |
|
Health-related facility
| |
|
Place of worship
| |
|
Public parks and recreational uses
| |
|
Schools
|
(3)
Accessible parking. All parking facilities that require accessible
parking spaces shall ensure that a portion of the total number of
required parking spaces shall be specifically designated, located,
and reserved for use by persons with physical disabilities, in accordance
with the standards in the Federal Americans with Disabilities Act
(ADA).
(4)
Bicycle facilities should be provided at all commercial development
and residential development (excluding single-family residential).
Any use required to have 15 or more parking spaces shall supply one
bicycle rack per 15 spaces. This requirement may be modified by the
Town of Stillwater Planning Board at its discretion.
(5)
Parking design standards.
(a)
Off-street parking shall be designed in accordance with Table
6. This requirement may be modified by the Town of Stillwater Planning
Board at its discretion.
Table 6
| ||
---|---|---|
Parking Design Standards
| ||
|
Details
|
Standard
|
|
Curb cuts per lot
|
1 maximum
|
|
Parking space size
|
9 feet x 18 feet
|
|
Single-family residential driveway width
|
10 feet maximum
|
|
One-way vehicular driveway width
|
12 feet maximum
|
|
Two-way vehicular driveway width without parking along driveway
|
16 feet maximum
|
|
Parking lot aisle width with parking along driveway
|
24 feet maximum
|
(b)
Off-street parking areas shall be interconnected by access driveways
for commercial and mixed uses and may be interconnected between residential
and commercial uses. This requirement may be modified by the Town
of Stillwater Planning Board at its discretion.
(6)
Shared parking provisions.
(a)
Shared parking is permitted subject to the Town of Stillwater
Planning Board approval. A contractual agreement between users is
required.
(b)
Shared parking shall be located within a specified walking distance
based upon the following:
[1]
Less than 100 feet: people with disabilities, deliveries and
loading, emergency services, fast-food restaurant, and convenience
store.
[2]
Less than 800 feet: residents, grocery stores, professional
services, and medical clinics.
[3]
Less than 1,200 feet: general retail, restaurant, employees,
entertainment center, and religious institution.
[4]
Less than 1,600 feet: major sport or cultural event and overflow
parking.
[5]
Users of shared parking shall have a contractual agreement to
allow sharing of parking.
[6]
The minimum amount of shared parking required shall be calculated
according to the below Table 7:
[a]
Calculate the minimum amount of parking required
for each land use as if it were a separate use.
[b]
To determine peak parking requirements, multiply
the minimum parking required for each proposed land use by the corresponding
percentage for each of the six time periods.
[c]
Calculate the column total for each of the six
time periods.
[d]
The column (time period) with the highest value
must be the minimum parking requirement.
Table 7
Shared Parking
| |||||||
---|---|---|---|---|---|---|---|
|
Monday-Friday
|
Saturday-Sunday
| |||||
|
Uses
|
8:00 a.m. - 6:00 p.m.
|
6:00 p.m. - Midnight
|
Midnight - 8:00 a.m.
|
8:00 a.m. - 6:00 p.m.
|
6:00 p.m. - Midnight
|
Midnight - 8:00 a.m.
|
|
Residential
|
60%
|
100%
|
100%
|
80%
|
100%
|
100%
|
|
Office
|
100%
|
10%
|
5%
|
5%
|
5%
|
5%
|
|
Commercial
|
90%
|
80%
|
5%
|
100%
|
60%
|
5%
|
|
Lodging
|
70%
|
100%
|
100%
|
70%
|
100%
|
100%
|
|
Restaurant
|
70%
|
100%
|
10%
|
70%
|
100%
|
20%
|
|
Theater
|
40%
|
100%
|
10%
|
80%
|
100%
|
10%
|
|
Entertainment
|
40%
|
100%
|
10%
|
80%
|
100%
|
50%
|
|
Civic (nonreligious use)
|
100%
|
40%
|
40%
|
10%
|
10%
|
5%
|
|
Religious use
|
20%
|
40%
|
40%
|
100%
|
50%
|
5%
|
(7)
On-street parking. On-street parking shall provide a minimum
space width of eight feet and length of 20 feet. This requirement
may be modified by the Town of Stillwater Planning Board at its discretion
for higher speed roads or special circumstances.
Q.
Pedestrian design standards.
(1)
Sidewalks.
(a)
Sidewalks are required along all street frontages with a minimum
width of six feet. Eight feet or more is preferred.
(b)
Sidewalks are required to connect the primary and secondary
street frontage to all front building entrances, parking areas, plazas,
outdoor dining, and other destinations that generate pedestrian traffic
to ensure walkability within a ten-minute walk.
(c)
Sidewalks shall connect to existing sidewalks on adjacent properties.
(d)
The sidewalk pattern shall continue across all driveways. Driveways
should come up to the sidewalk.
R.
Signage.
(1)
Signs exempt from permits. The following signs may be erected
and maintained without a sign permit, provided that they are less
than five feet in sign area and are nonilluminated (except as indicated
below):
(a)
Signs advertising the sale or rental of the premises upon which
the sign is located. Such signs shall be nonilluminated and limited
to two per property. The signs must be set back a minimum of 10 feet
from the property line.
(b)
Signs denoting the architect, engineer, or contractor where
construction, repair or renovation is in progress, limited to one
per property.
(c)
Signs that mark property boundaries, give directions for roads
or trails, prohibit trespassing, hunting, fishing, or off-road vehicles,
or warn of hazards.
(d)
Any sign erected by the federal, state, county, or Town government
or any department or agency thereof. Such signs are not limited in
size.
(f)
Temporary signs, including banners or pennants, relating to
garage, lawn, or other individual, nonrecurring sales, or for an event
or undertaking conducted by a political, civic, religious, charitable,
or educational organization. Such signs may be erected no more than
90 days prior to the event and shall be removed by the sponsor within
15 days after the close of the event. Such temporary signs are not
limited in size but must not hang below 15 feet over the street or
public right-of-way.
(g)
A sign placed temporarily to advertise the sale of produce grown
or harvested by the property owner where the subject sign is located,
limited to one per principal location of the subject of the sign.
Such temporary signs shall be removed immediately after the termination
of the activity being advertised.
(i)
Signs that provide the name, and/or owner, of a farm that is
located on said farm and that does not advertise any other enterprise
or business.
(j)
Directional signs. Directional signs shall not obstruct sight
triangles at intersections including internal intersections.
(k)
Menus and signs indicating business hours. Signs shall be located
in a permanently mounted display box on the facade of the building
adjacent to the entrance, displayed within a window adjacent to the
entrance, or at a podium that will be placed inside the restaurant
upon closing.
(2)
Sign illumination and style should be in accordance with the Stillwater Route 4 Corridor Design Guidelines[3] and the regulations below.
[3]
Editor's Note: The Route 4 Corridor Design Guidelines are included in the online version of the Code of the Town of Stillwater (eCode360®). Said document is also on file in the Town offices.
(3)
One freestanding or monument sign shall only be permitted on
properties with a minimum fifteen-foot setback.
(4)
Only one iconic or projecting sign per establishment is permitted.
(5)
The following signs are permitted by Transect Zone (Table 8):
Table 8
Signage Regulations
| ||||||||
---|---|---|---|---|---|---|---|---|
|
Sign Type
|
Transect Zones
|
Specifications
| |||||
|
T2
|
T3N
|
T3G
|
T4
|
T5
| |||
Awning Sign
| ||||||||
|
▪
|
▪
|
▪
|
Quantity
|
1 per window
| |||
|
Area
|
25% of awning surface
| ||||||
|
Width
|
Maximum width of facade
| ||||||
|
Depth/ projection
|
4 feet minimum
| ||||||
|
Clearance
|
8 feet minimum
| ||||||
|
Distance from curb
|
2 feet minimum
| ||||||
|
Illumination
|
External
| ||||||
Freestanding Sign
| ||||||||
|
▪
|
▪
|
▪
|
▪
|
▪
|
Quantity
|
1 per parcel, only when buildings have a minimum 15-foot
setback (and when a monument sign is not installed)
| |
|
Area
|
20 square feet
| ||||||
|
Height
|
5 feet maximum
| ||||||
|
Setback from frontage line
|
6 feet minimum
| ||||||
|
Illumination
|
External
| ||||||
Iconic Sign
| ||||||||
|
▪
|
▪
|
▪
|
Quantity
|
1 per business
| |||
|
Area
|
35 square feet
| ||||||
|
Depth/projection
|
5 feet maximum
| ||||||
|
Clearance
|
8 feet minimum
| ||||||
|
Distance from curb
|
2 feet minimum
| ||||||
|
Illumination
|
External
| ||||||
Marquee Sign
| ||||||||
|
▪
|
▪
|
Quantity
|
1 per business
| ||||
|
Width
|
Entrance plus 2 feet on each side
| ||||||
|
Height
|
Maximum 50% story height
| ||||||
|
Depth/projection
|
8 feet minimum
| ||||||
|
Clearance
|
10 feet minimum
| ||||||
|
Distance from curb
|
2 feet minimum
| ||||||
|
Illumination
|
Internal/external
| ||||||
Monument Sign
| ||||||||
|
▪
|
▪
|
▪
|
▪
|
▪
|
Quantity
|
1 per parcel, only when buildings have a minimum 15-foot
setback (and when a freestanding sign is not installed)
| |
|
Area
|
20 square feet
| ||||||
|
Height
|
5 feet maximum
| ||||||
|
Setback from frontage line
|
6 feet minimum
| ||||||
|
Illumination
|
Internal/external
| ||||||
Nameplate Sign
| ||||||||
|
▪
|
▪
|
▪
|
▪
|
▪
|
Quantity
|
1 per establishment
| |
|
Area
|
4 square feet maximum
| ||||||
Projecting Sign
| ||||||||
|
▪
|
▪
|
▪
|
▪
|
▪
|
Quantity
|
1 per facade, 2 maximum
| |
|
Area
|
20 square feet
| ||||||
|
Depth/projection
|
4 feet maximum
| ||||||
|
Clearance
|
8 feet minimum
| ||||||
|
Distance from curb
|
2 feet minimum
| ||||||
|
Illumination
|
External
| ||||||
Sidewalk Sign
| ||||||||
|
▪
|
▪
|
▪
|
▪
|
▪
|
Quantity
|
1 per business
| |
|
Area
|
10 square feet maximum
| ||||||
|
Height
|
4 feet maximum
| ||||||
|
Clearance
|
Outside of pedestrian area (3-foot pedestrian area
to remain clear)
| ||||||
|
Distance from curb
|
2 feet minimum
| ||||||
Wall Sign
| ||||||||
|
▪
|
▪
|
▪
|
Quantity
|
1 (2 for corner buildings)
| |||
|
Area
|
1 square foot per 1 linear foot of shop front
| ||||||
|
Width
|
Maximum 75% width of facade
| ||||||
|
Height
|
3.5 feet maximum
| ||||||
|
Depth/projection
|
1 foot maximum
| ||||||
|
Clearance
|
8 feet minimum
| ||||||
|
Illumination
|
Internal/external
| ||||||
Window Sign
| ||||||||
|
▪
|
▪
|
▪
|
Quantity
|
1 per business
| |||
|
Area
|
Maximum 25% of glass
| ||||||
|
Illumination
|
External/neon or LED
|
(6)
General sign regulations.
(a)
Except for clocks and customary time and temperature devices,
no sign shall contain intermittent, moving or flashing illumination.
(b)
No sign relating to a permanent commercial enterprise, with
the exception of traditional barber poles, shall contain or consist
of any banner, pennant, ribbon, streamer, spinner, or other similar
moving, fluttering, or revolving device. No sign or part thereof may
rotate or move back and forth, except that a sign may be suspended
and swing, though not rotate, in the wind.
(c)
No motor vehicle, trailer, or wagon upon which is painted or
placed any sign must be parked or stationed in a way primarily intended
to display the sign.
(d)
All signs shall be constructed of durable materials and maintained
at all times in good repair.
(e)
No sign shall be installed in such a way that obstructs free
and clear vision and sight triangles of any public right-of-way, intersection,
ingress or egress, entrance, or ramp.
(f)
Signs shall not cover architectural details, such as windows,
doors, or transoms except as permitted herein.
(7)
Unsafe, abandoned, and unlawful signs. Upon a finding by the
Code Enforcement Officer that any sign regulated herein is unsafe
or insecure, or is a menace to the public, or has been erected in
violation of the provisions of this Code, or advertises, identifies,
or pertains to an activity no longer in existence, except as provided
hereinafter, then the Code Enforcement Officer shall mail to the owner
of said sign, if known, at the sign owner's last known mailing
address and to the owner of the parcel of land upon which such sign
is situated, at the parcel owner's last known mailing address,
an order that the violation be resolved within 30 days after the date
of the order. If after such date the violation is not resolved, the
Code Enforcement Officer may enter upon the land and remove and discard
the sign, without liability to the Town or its agents. This provision
shall not apply to seasonal activities during the regular period in
which they are closed.
(8)
Noncomplying signs. A sign in existence as of the effective
date of this article which does not comply with the sign regulations
hereof shall be brought into compliance or removed by its owner at
the owner's cost and expense not later than the date upon which
such sign has been fully depreciated for income tax purposes based
upon when such sign was first erected or last substantially reconstructed,
which shall in no case be later than 10 years after the effective
date of this article. Any sign owner claiming the right to maintain
a noncomplying sign after one year from the effective date of this
article, shall file with the Code Enforcement Officer appropriate
proof of the sign's useful life for income tax purposes on or
before such date. Failure to so file shall be deemed a waiver of such
sign owner's right to maintain the sign beyond such date.
S.
Landscaping, screening, fences, and walls.
(1)
General requirements.
(a)
All buildings and construction requirements (with the exception
of single-family and two-family dwellings and residential accessory
structures) are subject to the provisions herein.
(b)
All landscaping and screening will be effective immediately
upon planting and provide year-round interest.
(c)
At least 25% of the property shall be retained as landscaping
and green space to minimize erosion and stormwater runoff and enhance,
beautify, and improve the quality of life in the Town. This requirement
may be reduced in instances where greening elements, green infrastructure,
public plaza is provided in accordance with the standards herein at
the discretion of the Planning Board.
(2)
Screening.
(a)
All wall-mounted mechanical, electrical, communication, and
service equipment must be screened from public view by parapets, walls,
fences, landscaping, or other means.
(b)
All rooftop mechanical equipment must be concealed or integrated
into the roof form or screened from view at ground level of nearby
streets.
(c)
Dumpsters, with the exception of temporary construction dumpsters,
must be screened from public view by a solid fence or row of evergreen
shrubs.
(3)
Existing street trees of four inches diameter at breast height
(DBH) shall be retained and incorporated into the street tree design,
provided that they are in healthy condition, free of damage, and provide
a full canopy.
(4)
Spacing. Street trees shall be spaced 20 feet to 30 feet apart
in consideration of the existing streetscape, driveways, streetlights,
utility and traffic poles and other obstructions. Trees must be three
inches in caliper. Trees must be planted within planter strips or
tree wells.
(5)
Tree selection. Trees must be selected based upon maintenance requirements, hardiness per the United States Department of Agriculture's Plant Hardiness Zone Map, salt tolerance, shape and form, and the subsurface growing conditions. Native species is encouraged. Suggested tree species can be found in the Stillwater Route 4 Corridor Design Guidelines.
(6)
Parking lot landscaping and screening.
(a)
Interior landscaping. No more than 10 parking spaces shall be
allowed in a continuous row uninterrupted by landscaping.
(b)
Perimeter landscaping and screening.
(c)
Screenings shall include:
[1]
Hedges, installed at 36 inches in height; or
[2]
Mixed planting (trees and shrubs); or
[3]
Wall sections or opaque fencing shall not provide a break of
more than than nine feet except for vehicular or nonvehicular access.
Breaks in the wall shall be provided at least every 40 feet to vary
the design. These gaps, except for access uses, shall contain hedges
or mixed plantings within the gap area. Landscaping shall be provided
along the walls, either as low ground cover/plantings, as a screen
of the wall, or an intentionally designed mix to vary the look of
the screenings.
(7)
Greening elements.
(a)
Planters shall not obstruct the sight triangles and shall leave
five feet of clearance for pedestrians.
(b)
Window boxes should be at least as wide as the window sill where
they are located.
(c)
Hanging baskets, planters, and window boxes shall contain live
plantings.
(d)
Additional landscaping including trees, shrubs, groundcover,
and/or flowers shall be counted towards the green space requirements.
T.
Saratoga National Historical Park viewshed protection standards.
(1)
Purpose. The purpose of these standards is to protect and enhance
the scenic integrity and historic landscape quality of the Saratoga
National Historical Park (SNHP) and T2 Rural Conservation Transect
Zone. These standards are intended to direct development in a manner
that maintains the identity, image, and environmental quality of Saratoga
National Historical Park and its agricultural and rural environs.
The Saratoga National Historical Park and the adjacent areas are home
to historically significant battlefield and battlefield sites. Protecting
the surrounding landscape is important to maintain the historic integrity
of the National Park. When reviewing potential visual impacts to Saratoga
National Historical Park, the Planning Board will take into consideration
the Battles of Saratoga Preservation and Viewshed Protection Plan
dated December, 2007.
(2)
Applicability. Prior to the issuance of a grading permit, site plan approval, special use permit, or minor or major subdivision approval on a lot or parcel located wholly or partially within the viewshed protection area line as indicated on the Regulating Plan, the proposed development shall be subject to the standards specified in this section and pursuant to Article VI, Site Plan Review. The Planning Board may waive this requirement if it determines that the proposed development is little to no impact, consistent with applicable law, and will not be visible from the Saratoga National Historical Park or other important viewpoints.
(3)
Review procedures. An applicant shall be required to submit a site plan in accordance with Article VI. In addition to site plan requirements, the applicant shall provide the following:
(a)
Existing and proposed structures and improvements, including
buildings, roads, and utilities.
(b)
Existing contour lines at ten-foot intervals to United States
Geological Survey datum and proposed grading at two-foot contour intervals
within the parcel. The Planning Board may request alternative contour
intervals during the review process.
(c)
Ridgelines, hills and geological formations, including but not
limited to rock outcrops and other important land features based on
available published documentation or more detailed data obtained by
the applicant.
(d)
Existing and proposed vegetative cover conditions on the property
according to general cover type, including cultivated land, permanent
grassland, old field, hedgerow, significant forest areas, woodlands,
wetlands, isolated trees or small groups of trees with a caliper in
excess of 12 inches, and the actual canopy line of existing trees
and woodlands. Vegetative types shall be identified by plant community,
age, and condition.
(4)
Visual impact assessment. Based on the site plan, the Planning
Board may require the applicant to undertake a visual impact assessment,
which may include:
(a)
A visual assessment map prepared using Geographic Information
System (GIS) or similar visual analysis software. The visual assessment
map shall take into account the topography and height of the proposed
structure and vegetative land cover. The visibility map shall identify
potential visibility of all proposed structures from the Saratoga
National Historical Park. The Planning Board may request line-of-sight
profiles based on the results of the visual assessment map. For reference
purposes, the Planning Board and applicant shall reference New York
State Department of Environmental Conservation Program Policy DEP-00-2,
Assessing and Mitigating Visual Impacts.
(b)
Pictorial representations of before and after views from the
Saratoga National Historical Park. The Planning Board shall determine
the appropriate views from the Saratoga National Historical Park during
the site plan review process. The Planning Board may request additional
consultation from the National Park Services when identifying these
locations.
(5)
Development standards. The Planning Board may require any or
all of the following items, as it determines appropriate for the nature
and scale of the proposed project:
(a)
General considerations. Design and development shall address
the following elements:
[1]
Thoughtful siting of all structures to minimize visibility.
[2]
Use of appropriate materials and lighting to minimize potential
visual impacts.
[3]
Maximum feasible preservation of existing topographical form.
[4]
Maximum preservation of agricultural and natural resources that
contribute to Saratoga National Historical Park's visual character.
[5]
Maximum preservation of existing vegetation and use of planted
screening.
(6)
Structure location and materials.
(a)
To the maximum extent practical, all structures shall be located
such that their profiles will not visually exceed the height of land
or tree line serving as the buildings' backdrop or foreground.
When referring to "backdrop" and "foreground," the description is
relative to views from the Saratoga National Historical Park or other
important viewpoints as determined by the Planning Board. Figure 1
depicts the manner in which the location of a structure or structures
is consistent with this provision.
(b)
Locate all structures in the least visually intrusive manner
possible. Locate buildings on the edge of open fields, or just within
the edge of bordering woodlands, or create new tree lines, buffers,
or screening measures. When development is proposed on land in active
agriculture use, it is preferable to keep some land in agricultural
production through means such as limited development, agricultural
restrictions, easement and other conservation tools. Figure 1 depicts
the manner in which the location of a structure is consistent or inconsistent
with this provision.
(c)
Exterior materials and colors (e.g., roofing, siding, and trim)
shall be nonreflective in nature.
(7)
Vegetation preservation and screening.
(a)
The removal of existing vegetation that may serve as a buffer
or screen proposed structures and other development (e.g., roads,
driveways, utilities, etc.) or retain the natural character of the
land shall be minimized to the maximum extent practical.
(b)
Plantings to screen or buffer proposed structures in open or
visibility prominent areas shall be used. If existing vegetation provides
insufficient buffering or screening, plantings that are compatible
with existing vegetation, and/or are composed of native species shall
be used. Trees shall be planted in random clusters to simulate the
appearance of natural tree stands. Planted buffers or screening should
be of a size and density to provide a reasonable expectation of buffering
or screening development within five years. The use of nonnative or
exotic species is prohibited.
(8)
Clearing and grading. To the maximum extent practical, cutting
and grading shall be minimized. Finished cut and fill slopes shall
be constructed to blend with the existing landscaping, conforming
to the natural contour of the land, avoiding straight lines, and/or
geometric patterns. Unwarranted cutting and filling should be avoided
when constructing roads, driveways, and other related structures,
using measures as balancing cut and fills, alignment with natural
contours, and restricting development to gentle climbing gradients.
U.
Waterfront access and views of the waterfront.
(1)
Waterfront access and opening up of views of the waterfront
is encouraged.
(2)
Waterfront views. Where a waterfront-related use is proposed
to be established or expanded, the encroachment must, to the greatest
extent practicable, avoid, minimize, and/or mitigate adverse impacts,
including, but not limited to:
(a)
Deterioration of water quality.
(b)
Loss, fragmentation, and impairment of habitats and wetlands.
(c)
Changes to the natural processes that would increase shoreline
flooding and erosion.
(d)
Impacts on physical and visual access to the water.
(e)
Impacts upon historic, archaeological, cultural, or scenic resources.
(f)
Interference with existing waterfront-related uses.
(3)
Waterfront access.
(a)
A public walkway or multi-use trail along the Hudson River,
plus related accessory structures, is encouraged wherever new development
occurs.
(b)
A public walkway or multi-use trail should be designed and connected
to adjacent public walkways or multi-use trails and public rights-of-way,
where possible, in accordance with the Manual on Uniform Traffic Control
Devices (MUTCD), the AASHTO, NACTO, and any other relevant guidelines.
(c)
Public access easements may be dedicated to ensure public access
to and along a public walkway or trail.
Application and Review Process
| |||
---|---|---|---|
Step 1: Application Submission
| |||
Applicant submits application
| |||
Step 2: Optional Review
| |||
Route 4 Implementation Committee reviews application (optional)
| |||
Step 3: Planning Board Review
| |||
Planning Board reviews application
| |||
Step 4: Decision
| |||
|
Approve
|
Approve with modification
|
Disapprove
|