Building setbacks in the Town of Colonie are set by Chapter 190 (Zoning and Land Use) of the Town Code, with district-specific front, side and rear yard minimums in the Dimensional Table (Attachment 2 to Chapter 190). Accessory structures in the rear yard that are less than 16 feet in height may be erected with a 5-foot setback from a rear or side lot line. Variances go to the Zoning Board of Appeals under NY Town Law Β§267-b.
The Town of Colonie zoning ordinance is Chapter 190 (Zoning and Land Use) of the Town Code. Article IV (Establishment of Zoning Districts and Map) creates districts including Single Family Residence (SFR), Multifamily Residence, Neighborhood Commercial Office Residence (NCOR), Commercial Office Residence (COR), Highway Commercial Office Residence (HCOR), Office Research (OR), Commercial Office (CO), Airport Business Area and Industrial. Article VI (Dimensional Requirements and Density Incentives) sets the per-district minimum lot, yard and height standards, supplemented by Attachment 2 (Dimensional Table) which provides the numerical minimums for principal-structure front, side and rear yards by district. For example, the Residential A District requires a minimum lot frontage of 75 feet and depth of 125 feet (9,375 sq ft minimum lot area). Accessory structures to single-family or two-family dwellings located in the rear yard and less than 16 feet in height may be erected with a 5-foot setback from a rear or side lot line, and may occupy up to 40% of the rear yard. In OR, CO, NCOR, COR, HCOR, Airport Business and Industrial Districts more than 300 feet deep from the front lot line, no portion of a commercial or mixed-use building may be built within 100 feet, and no parking, loading or storage area within 50 feet, of the zone boundary line of any Single Family or Multifamily Residence District. Variances are heard by the Zoning Board of Appeals under NY Town Law Β§267-b, which requires the area-variance balancing test.
Building within a required yard or otherwise violating the Chapter 190 dimensional schedule is a zoning violation. The Building and Fire Services Department can refuse to issue a building permit or Certificate of Occupancy until the structure is brought into compliance, issue stop-work orders, and refer civil enforcement to the Town Attorney under NY Town Law Β§268. Each day of continuing violation may be treated as a separate offense. Property owners may seek an area variance from the Town of Colonie Zoning Board of Appeals under Β§267-b.
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