1. Active Calendar 1.I. November 1, 2021 Agenda Documents: 21 AGENDA 1101.PDF 1.II. Active Calendar November 1, 2021 Documents: ACTIVE CALENDAR NOVEMBER 1 2021.PDF 2. Supporting Legislation 2.I. Support Legislation For November 1, 2021 Meeting Of The Common Council Documents: SUPPORT LEGISLATION NOVEMBER 1, 2021.PDF 3. Minutes 4. Majority Consent (MC) 5. Supporting Document 5.I. Memorandum From Planning Detailing Changes To USDO Documents: MEMORANDUMFROMPLANNINGDETAILINGCHANGESTOUSDO.PDF 5.II. Ordinance 5.32.21 AA 10212021 (Planning)- USDO Comprehensive Amendments Documents: ORDINANCE 5.32.21 AA 10212021 (PLANNING)- USDO COMPREHENSIVE AMENDMENTS.PDF 5.II.i. Proposed Revised Table 375.302.1 Permitted Use Table (As Amended) Documents: PROPOSED REVISED TABLE 375.302.1 PERMITTED USE TABLE (AS AMENDED).PDF 5.II.ii. Proposed Revised Table 375.502.1 Summary Of Development Review Procedures (As Amended) Documents: PROPOSED REVISED TABLE 375.502.1 SUMMARY OF DEVELOPMENT REVIEW PROCEDURES (AS AMENDED).PDF 5.II.ii.1. Proposed USDO Document (As Amended) Documents: PROPOSED REVISED TABLE 375.502.1 SUMMARY OF DEVELOPMENT REVIEW PROCEDURES (AS AMENDED).PDF 5.II.ii.1. Proposed USDO Document (As Amended) Documents: PROPOSED USDO DOCUMENT (AS AMENDED).PDF 6. Public Comment AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, November 1, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held remotely pursuant to the legislation signed on September 2, 2022 by Governor Hochul allowing municipalities to resume remote meetings until January 15, 2022. If the permitting legislation is revoked, modified or expires then the meeting will be conducted in person. It will be live-streamed on Facebook . If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. If you wish to speak during the meeting or provide written comments they must be received by 12noon on the day of the meeting. All comments are memorialized on our Facebook page, website, and are subject to FOIL. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City Officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom ’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing will be held on November 1, 2021 at 7:00 p.m. This meeting will be a virtual meeting in accordance with Governor Hochul’s signed legislation that allows municipalities to resume virtual meetings. This public hearing will be held on the following matter: City of Albany’s Proposed 2022 Budget ORDINANCE 5.32.21 (As Amended 10/21/2021) AN ORDINANCE REPEALING AND REPLACING ARTICLE I (GENERAL PROVISIONS), ARTICLE II (ZONING DISTRICTS), ARTICLE III (USE REGULATIONS). ARTICLE IV (DEVELOPMENT STANDARDS), ARTICLE V (ADMINISTRATION AND ENFORCEMENT), AND ARTICLE VI (RULES OF CONSTRUCTION; DEFINITIONS) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OR “USDO”) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS, AND ARTICLE VII (APPLICATION FEES) TO CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY This public hearing is being held pursuant to guidelines established in the Open Meetings Law and the Legislation signed by Governor Hochul. Anyone wishing to be heard can submit written comments or register for the public hearing may do so by sending an email to: cityclerk@albanyny.gov or register directly at: https://us02web.zoom.us/j/84858555036?pwd=UGtxcU5sOWdINHpweWRhU1NZZVFLQT0 9. The Public Hearing will be live-streamed to our Facebook page and in the event we have technical difficulties and are unable to you Facebook the hearing will be live-streamed to our YouTube page at: https://www.youtube.com/channel/UC-rQHp1fBLPcdk_4N6J4XbQ. We encourage all interested parties to submit written comments by 12 noon on October 29, 2021. Anyone wishing to be heard will have an opportunity to do so at the above stated time and location. Documents are available for inspection by appointment at the office of the City Clerk located at 24 Eagle Street, Room 202, Albany, NY 12207, online at www.albanyny.gov, and can be sent via email to requestors. Danielle S. Gillespie City Clerk LOCAL LAWS HELD 1. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 2. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics 3. Anane LOCAL LAW D - 2021 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR ADDITIONAL PAID SICK LEAVE * Referred to Finances, Assessment, & Taxation Committee 4. Johnson, Anane, Hoey with Support of President Ellis LOCAL LAW L – 2021 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CREATING A PUBLIC SAFETY COMMISSION *Referred to Public Safety Committee* 5. Kimbrough LOCAL LAW M- 2021 A LOCAL LAW AMENDING ARTICLE VIIB (ALBANY POLICE DEPARTMENT INTERACTIONS) OF PART I (DEPARTMENT OF POLICE) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I (ADMINISTRATIVE LEGISLATION) OF THE ALBANY CITY CODE WITH REGARD TO THE USE OF CHEMICAL WEAPONS AND KINETIC ENERGY MUNITIONS ON CIVILIAN POPULATIONS ORDINANCES INTRODUCED 52.111.21 AN ORDINANCE REPEALING ORDINANCE 19.61.21, WHICH AUTHORIZED AND DIRECTED THE GRANT OF AN EASEMENT OVER A PORTION OF THE CITY RIGHT-OF-WAY ON BRIDGE STREET TO 1053 BREWING, LLC ORDINANCES HELD 1. Anane Ordinance 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti & Anane Ordinance 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 3. Flynn Ordinance 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 4. Fahey Ordinance 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 5. Anane Ordinance 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 6. Frederick Ordinance 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 7. Conti Ordinance 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use Committee 8. Planning Ordinance 5.32.21 (As Amended 10/21/2021) AN ORDINANCE REPEALING AND REPLACING ARTICLE I (GENERAL PROVISIONS), ARTICLE II (ZONING DISTRICTS), ARTICLE III (USE REGULATIONS). ARTICLE IV (DEVELOPMENT STANDARDS), ARTICLE V (ADMINISTRATION AND ENFORCEMENT), AND ARTICLE VI (RULES OF CONSTRUCTION; DEFINITIONS) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OR “USDO”) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS, AND ARTICLE VII (APPLICATION FEES) TO CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land-use Committee* 9. Hoey Ordinance 22.72.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT) IN RELATION TO RECREATION VEHICLES AND CAMPERS AND ALLOW THEM ON DRIVEWAYS *Referred to Planning, Economic Development, and Land Use Committee* 10. Love Ordinance 29.102.21 AN ORDINANCE AUTHORIZING THE ALBANY PARKING AUTHORITY TO ACQUIRE AN ACCESS EASEMENT PURSUANT TO SECTION 1493-f(4) OF THE PUBLIC AUTHORITIES LAW OF THE STATE OF NEW YORK * Referred to Finances, Assessment, & Taxation Committee 11. Anane Ordinance 30.102.21 AN ORDINANCE AMENDING SECTION 133-78.3 (VACANT BUILDING REGISTRATION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY TO REQUIRE OWNERS OF VACANT BUILDINGS TO POST CONTACT INFORMATION ON SUCH BUILDINGS* Referred to Laws, Buildings and Code Enforcement 12. Finance Ordinance 31.102.21 AN ORDINANCE ADOPTING THE BUDGET AS PRESENTED BY THE MAYOR ON OCTOBER 1, 2021, FOR FISCAL YEAR 2022* Referred to Finances, Assessment, & Taxation Committee 13. Finance Ordinance 32.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,500,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,500,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – BUILDING/FACILITY ACQUISITION) * Referred to Finances, Assessment, & Taxation Committee 14. Finance Ordinance 33.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $500,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $500,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (TRAFFIC ENGINEERING – TRAFFIC SIGNAL IMPROVEMENT – RADIO COMMUNICATIONS UPGRADES) * Referred to Finances, Assessment, & Taxation Committee 15. Finance Ordinance 34.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $570,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $570,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (APD – INTERVID SURVEILLANCE SYSTEM – PHASE 3 OF PROJECT INSTALLATION) * Referred to Finances, Assessment, & Taxation Committee 16. Finance Ordinance 35.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,149,574.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,149,574.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – REPLACEMENT VEHICLES) * Referred to Finances, Assessment, & Taxation Committee 17. Finance Ordinance 36.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $372,062.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $372,062.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – REPLACEMENT EQUIPMENT) * Referred to Finances, Assessment, & Taxation Committee 18. Finance Ordinance 37.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $158,100.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $158,100.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – VIDEO SURVEILLANCE UPGRADES) * Referred to Finances, Assessment, & Taxation Committee 19. Finance Ordinance 38.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $263,500.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $263,500.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – SECURITY FENCE INSTALLATIONS) * Referred to Finances, Assessment, & Taxation Committee 20. Finance Ordinance 39.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $219,232.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $219,232.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – HIGH SPEED GARAGE DOORS) * Referred to Finances, Assessment, & Taxation Committee 21. Finance Ordinance 40.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $147,560.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $147,560.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (DGS – PURCHASE OF FABRIC FOR CONSTRUCTION OF STEEL BUILDINGS) * Referred to Finances, Assessment, & Taxation Committee 22. Finance Ordinance 41.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $4,000,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $4,000,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – STREET RECONSTRUCTION) * Referred to Finances, Assessment, & Taxation Committee 23. Finance Ordinance 42.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $600,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $600,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – SIDEWALK RECONSTRUCTION) * Referred to Finances, Assessment, & Taxation Committee 24. Finance Ordinance 43.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $300,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $300,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – ADA COMPLIANCE) * Referred to Finances, Assessment, & Taxation Committee 25. Finance Ordinance 44.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,500,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,500,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – RENOVATIONS TO CITY BUILDINGS) * Referred to Finances, Assessment, & Taxation Committee 26. Finance Ordinance 45.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $1,250,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $1,250,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (ENGINEERING – LINCOLN PARK PROJECT) * Referred to Finances, Assessment, & Taxation Committee 27. Finance Ordinance 46.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $937,500.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $937,500.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LAW – SETTLEMENT PAYMENT) * Referred to Finances, Assessment, & Taxation Committee 28. Finance Ordinance 47.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $850,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $850,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (AFD – CARDIAC MONITOR REPLACEMENT) * Referred to Finances, Assessment, & Taxation Committee 29. Finance Ordinance 48.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $150,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $150,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – MODIFICATIONS TO COLBY STREET PLAYGROUND EQUIPMENT) * Referred to Finances, Assessment, & Taxation Committee 30. Finance Ordinance 49.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $115,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $115,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (RECREATION – MODIFICATIONS TO WASHINGTON PARK PLAYGROUND EQUIPMENT) * Referred to Finances, Assessment, & Taxation Committee 31. Hoey Ordinance 50.102.21 AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) CHANGING THE ZONING CLASSIFICATION OF 1148 WESTERN AVENUE FROM MU-NC (MIXED-USE NEIGHBORHOOD CENTER AND R-M (RESIDENTIAL MULTI-FAMILY) TO MU-NC (MIXED-USE NEIGHBORHOOD CENTER) * Referred to Finances, Assessment, & Taxation Committee 32. Robinson Ordinance 51.102.21 AN ORDINANCE AMENDING CHAPTER 183 (EQUITY AGENDA) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXTENDING THE COMMISSION ON HUMAN RIGHTS’S REPORTING DEADLINE RESOLUTION INTRODUCED 83.111.21R RESOLUTION OF THE COMMON COUNCIL URGING CONGRESS TO PASS HR 3339 AND CREATE A NATIONAL INFRASTRUCTURE BANK 84.111.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY URGING ALBANY COUNTY TO BANK WITH BANKS THAT INVEST WITH THE COUNTY AND WORK TO REVERSE LONGTIME SYMPTOMS OF RACISM AND REDLINING RESOLUTIONS HELD 1. Anane Resolution 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety Committee 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use Committee 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation Committee 5. Finance Resolution Number 25.31.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (DEPARTMENT OF RECREATION) *Referred to Finance, Assessment, & Taxation Committee 6. Finance Resolution Number 41.51.21R RESOLUTION OF THE COMMON COUNCIL CONSENTING TO ADJUSTMENT OF SALARIES FOR CERTAIN POSITIONS IN THE 2021 BUDGET (DEPARTMENT OF LAW) *Referred to Finance, Assessment, & Taxation Committee* 7. Finance Resolution Number 42.51.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE CREATION OF A POSITION, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (ALBANY COMMUNITY DEVELOPMENT AGENCY) *Referred to Finance, Assessment, & Taxation Committee* 8. Fahey Resolution Number 47.52.21R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY REQUESTING IMMEDIATE ACTION BY OUT STATE AND FEDERAL OFFICIALS TO UNDERTAKE A THOROUGH AND COMPLETE EVALUATION OF THE USE OF CHEMICAL GAS ON INDIVIDUALS BY LAW ENFORCEMENT AND DETERMINE WHETHER TO BAN ITS USE *Referred to Public Safety Committee* 9. Finance Resolution 81.102.21 RESOLUTION OF THE COMMON COUNCIL OUTLINING ITS ACTIONS AND EXPRESSING ITS FINDINGS AND INTENT CONCERNING THE CITY OF ALBANY 2022 BUDGET AS PROPOSED IN ORDINANCE 31.102.21 *Referred to Finance, Assessment & Taxation Committee* Page 1 of 1 Albany Common Council Active Calendar Meeting of Monday, November 1, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Ordinances Held 51.102.21 32 Robinson AN ORDINANCE AMENDING CHAPTER 183 (EQUITY AGENDA) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EXTENDING THE COMMISSION ON HUMAN RIGHTS’S REPORTING DEADLINE Resolutions Introduced (a) 83.111.21R Love RESOLUTION OF THE COMMON COUNCIL URGING CONGRESS TO PASS HR 3339 AND CREATE A NATIONAL INFRASTRUCTURE BANK Resolutions Introduced (a) 84.111.21R Anane A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY URGING ALBANY COUNTY TO BANK WITH BANKS THAT INVEST WITH THE COUNTY AND WORK TO REVERSE LONGTIME SYMPTOMS OF RACISM AND REDLINING (a) Pending Discussions at Caucus on Wednesday, October 27, 2021 @5:30pm VIA ZOOM (10/22/2021) COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION NOVEMBER 1, 2021 ORDINANCES 52.111.21 AN ORDINANCE REPEALING ORDINANCE 19.61.21, WHICH AUTHORIZED AND DIRECTED THE GRANT OF AN EASEMENT OVER A PORTION OF THE CITY RIGHT-OF-WAY ON BRIDGE STREET TO 1053 BREWING, LLC RESOLUTIONS 83.111.21R RESOLUTION OF THE COMMON COUNCIL URGING CONGRESS TO PASS HR 3339 AND CREATE A NATIONAL INFRASTRUCTURE BANK 84.111.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY URGING ALBANY COUNTY TO BANK WITH BANKS THAT INVEST WITH THE COUNTY AND WORK TO REVERSE LONGTIME SYMPTOMS OF RACISM AND REDLINING Matter in strikethrough to be deleted. Matter underlined is new material. Council Member Kimbrough introduced the following: ORDINANCE 52.111.21 AN ORDINANCE REPEALING ORDINANCE 19.61.21, WHICH AUTHORIZED AND DIRECTED THE GRANT OF AN EASEMENT OVER A PORTION OF THE CITY RIGHT-OF-WAY OF BRIDGE STREET TO 1053 BREWING, LLC The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Ordinance 19.61.21, approved by this Council on July 8, 2021, is hereby repealed. Section 2. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 21ST DAY OF OCTOBER, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Sr. Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: October 21, 2021 Sponsor: Council Member Kimbrough ORDINANCE 52.111.21 TITLE AN ORDINANCE REPEALING ORDINANCE 19.61.21, WHICH AUTHORIZED AND DIRECTED THE GRANT OF AN EASEMENT OVER A PORTION OF THE CITY RIGHT- OF-WAY OF BRIDGE STREET TO 1053 BREWING, LLC GENERAL PURPOSE OF LEGISLATION This ordinance repeals ordinance 19.61.21, which authorized and directed the Mayor to grant an easement over the City right-of-way of Bridge to 1053 Brewing, LLC, an entity associated with Druthers Brewing Company. Druthers had requested the easement in order to build a deck to facilitate a new deck and ADA-compliant ramp for additional seating at their brewpub. Although no easement has yet been granted to Druthers as authorized by ordinance 19.61.21, the ordinance is being repealed because administration and Corporation Counsel’s office became aware of certain issues with the ordinance as it was originally passed. Druthers may seek a new ordinance granting a substantially similar easement in the future. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW Ordinance 19.61.21 is being repealed because of issues with the ordinance as originally passed. FISCAL IMPACT(S) None. Council Member Love introduced the following: RESOLUTION NUMBER 83.111.21 RESOLUTION OF THE COMMON COUNCIL URGING CONGRESS TO PASS HR 3339 AND CREATE A NATIONAL INFRASTRUCTURE BANK WHEREAS, The American Society of Civil Engineers (ASCE) 2021 report card gave the United States a grade of C- regarding the current state of infrastructure, and they said that over six trillion dollars would be needed to restore the nation’s infrastructure to a state of good repair. Over two and a half-trillion dollars is currently not funded and the remainder is inadequately funded. New, 21st Century projects are unfunded; and WHEREAS, the ASCE in New York State reports that 424 dams are considered to be high-hazard potential, 7,292 miles of highway and 1,702 bridges require repairs (9.9% of bridges are rated structurally deficient; The state’s schools have an estimated capital expenditure gap of $2.91 billion. To repair, replace, and update New York State’s wastewater infrastructure would cost $36.2 billion over 20 years; and WHEREAS, 11% of trains and other transit vehicles in the state are past their useful life; 1.7 million renters pay more than 30% of their income in rent due to shortages in affordable housing units; New York needs $22.8 billion in modernization costs to ensure safe drinking water; 64% of families have few or no childcare options in their communities, preventing parents from joining the workforce; and WHEREAS, broadband access is still woefully lacking in New York; 38% of all New York households earning $25,000 or less have no high-speed home internet connection; 20% of households in New York City metro areas, serving 750,000 students, do not have high-speed internet; 32% of households in Syracuse have no broadband connection; 20% in Rochester, 19% in Buffalo. The Capital region has relatively high internet connectivity but 27% of homes lack high-speed internet, and many counties in the Capital Region have little or no high-speed service (Albany Times Union 1/15/21); and WHEREAS, Congress introduced HR 3339, The National Infrastructure Bank Act, to create a new National Infrastructure Bank (NIB). This legislation creates a $5 trillion bank, authorized to invest in infrastructure projects only. It would require no new federal spending and no new federal taxes; as it would be capitalized by repurposing existing U.S. Treasury debt, as was done previously in U.S. history; and WHEREAS, the NIB is modeled on previous banks which helped build much of our infrastructure under Presidents George Washington (designed by Alexander Hamilton!), James Madison, Abraham Lincoln, and Franklin D. Roosevelt. The last such bank, President Franklin Roosevelt’s Reconstruction Finance Corporation, helped end the Great Depression and win WWII; and WHEREAS, a new National Infrastructure Bank (NIB) will help finance the infrastructure needs of New York State and Albany and cover all projects not included in the federal budget, such as passenger and high-speed rail, lead service line replacement, broadband coverage everywhere, and massive construction of affordable housing. It is mandated to build infrastructure and create jobs in all communities and bring to an end the endemic poverty gripping much of the nation. It will hire and train the people who have lost their jobs before and during the COVID pandemic; and WHEREAS, the new National Infrastructure Bank will create twenty-five million new jobs, pay Davis-Bacon wages, and include Buy American provisions. Disadvantaged Business Enterprises will receive significant disbursements, large-scale minority hiring is mandated, and the NIB will heavily invest in poor communities. According to experts, the Bank will grow the economy by 5% or more annually; and WHEREAS, Twenty-one state legislatures have filed or passed resolutions of support for this policy. City and county councils have also introduced or passed resolutions, including the Albany County Legislature, New York State Association of Counties (NYSAC), Peekskill Common Council, Westchester County Board of Legislators, and the New York City Council. Other city council endorsements include Cleveland, Chicago, Philadelphia, Toledo, Pittsburgh, Providence RI, and many others. Trade union support of the NIB is large and includes the Westchester-Putnam Counties Central Labor Board AFL-CIO, the Hudson Valley NY Building and Construction Trades Council, and Local One of the Elevator Constructors (NY-NJ); United Association of Plumbers and Pipefitters International Union; and more. Organizations endorsing the NIB include: the National Association of Minority Contractors, National Latino Farmers and Ranchers, American Sustainable Business Council, National Congress of Black Women, the Public Banking Institute, and the US High-Speed Rail Association; NOW, THEREFORE BE IT RESOLVED, that the Albany Common Council calls upon the U.S. Congress to pass HR 3339 and create a National Infrastructure Bank; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the entire congressional delegation of New York State, the Lieutenant Governor and Governor of the State of New York, and the President of the United States. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 19, 2021 SPONSOR Council Member Love RESOLUTION NUMBER 83.111.21 TITLE RESOLUTION OF THE COMMON COUNCIL URGING CONGRESS TO PASS HR 3339 AND CREATE A NATIONAL INFASTRUCTURE BANK GENERAL PURPOSE OF LEGISLATION Urges Congress to pass HR 3339 and create a National Infrastructure Bank FISCAL IMPACT(S) None. 117TH CONGRESS 1ST SESSION H. R. 3339 To facilitate efficient investments and financing of infrastructure projects and new job creation throug h the establishment of a National Infrastructure Bank, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 19, 2021 Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was referred to the Committee o n Energy and Commerce, and in addition to the Committees on Ways and Means, Transportation and Infrastructure, Financial Services, Education and Labor, Natural Resources, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of suc h provisions as fall within the jurisdiction of the committee concerned A BILL To facilitate efficient investments and financing of infrastructure projects and new job creation throug h the establishment of a National Infrastructure Bank, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) I N G E N E R A L .—This Act may be cited as the “National Infrastructure Bank Act of 202 1”. (b) T A B L E O F C O N T E N T S .—The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—REVENUE PROVISIONS Sec. 101. Treatment of National Infrastructure Bank as a Government corporation exempt from tax. Sec. 102. Treatment of contributions to the National Infrastructure Bank as charitable contributions. Sec. 103. Temporary rule to allow a deduction for cash contributions to the National Infrastructure Bank by certain taxpa yers who do not elect to itemize deductions. Sec. 104. Preferred dividends of National Infrastructure Bank excludible from gross income. TITLE II—ESTABLISHMENT OF NATIONAL INFRASTRUCTURE BANK Sec. 201. Definitions. Sec. 202. Establishment of National Infrastructure Bank. Sec. 203. Purposes and authorizations. Sec. 204. Formation of regional economic accelerator planning groups. Sec. 205. Eligibility criteria for assistance from the bank. Sec. 206. Board of Directors. Sec. 207. Powers and limitations of the Board. Sec. 208. Executive committee. Sec. 209. Risk management committee. Sec. 210. Audit committee. Sec. 211. Personnel. Sec. 212. Special Inspector General for the National Infrastructure Bank. Sec. 213. Status and applicability of certain Federal and State laws. Sec. 214. Exemption from certain laws. Sec. 215. Audits; reports to President and Congress. Sec. 216. Budgetary effects. Sec. 217. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) Throughout our Nation’s history, national banks have played a crucial role in financing most of our Nation’s public infrastructure. The largest banks included: The First (1791–1811) an d Second (1816–1836) Banks of the United States, President Lincoln’s national banking system, and President Franklin Delano Roosevelt’s Reconstruction Finance Corporation (1932–1957). (2) These national banks were enacted with broad bi- partisan support, and financed the construction of: roads, turnpikes, bridges, and canals; the Tran scontinental Railroad; the Hoover Dam; rural electrification; manufacturing start- ups; and rail, school, and farm improvements in every corner of our country. Investments created the conditions for improved productivity, economic growth, and job creation; helped lift us out o f the Great Depression; and contributed to our victory in World War II. (3) The American Society of Civil Engineers (hereinafter referred to as “ASCE”), in its 202 1 Report Card and Failure to Act Series, estimates that $6,109,000,000,000 is needed over the ne xt ten years (2020–2029) to meet all of our country’s infrastructure needs. Of that amount, $3,48 3,000,000,000 is expected to be financed by: the Federal government through its normal budget a ppropriations process; and by States, counties, cities, utilities, and port and airport authorities thr ough their general revenues, special taxes, user fees, and borrowing. Even with this spending, ho wever, a financing gap of $2,626,000,000,000 remains. To close this gap, our nation will need to increase investment, by all levels of government, from 2.5 percent to 3.5 percent of GDP by 202 5. (4) ASCE estimates that the added $2,626,000,000,000 needed over a ten year period to brin g systems up to a state of good repair is as follows (amounts in parentheses): (A) Roads, bridges, and transit ($1,035,000,000,000). (B) Drinking water, wastewater, and stormwater systems ($801,000,000,000). (C) Schools ($250,000,000,000). (D) Electricity generation, transmission, distribution ($197,000,000,000). (E) Aviation ($111,000,000,000). (F) Dams, levees, inland waterways, and ports ($109,000,000,000). (G) Passenger rail ($45,000,000,000). (H) Public parks and recreation ($78,000,000,000). (5) Expanded investment of at least $2,374,000,000,000 is needed for— (A) new affordable housing; a 9,000 mile high speed rail network; (B) affordable and complete broadband access; (C) major water projects; (D) science and technology drivers; (E) to accommodate population growth and save on energy use; and (F) improvements in rural, urban, and low- income areas that the private sector is not currently serving. (6) Although Federal grant programs, along with matching State and local funding, should c ontinue to play a coordinating role in financing infrastructure in the United States, current and fo reseeable demands on existing Federal, State, and local budgets exceed the resources to support t hese programs by a wide margin. In addition, a severe economic downturn in 2020, resulting in s ignificant unemployment, business losses, and public budget deficits, has placed further limits on infrastructure spending. (7) The establishment of a United States public deposit money bank would provide direct lo ans and other financing of up to $5,000,000,000,000 for qualifying infrastructure projects withou t requiring additional Federal taxes or deficits. Such funding would be adequate to finance all of t he United States’ unfunded infrastructure needs, in all parts of the country, according to well- developed strategic plans. At the same time, it would return the United States to its most recent “ golden age” when a National Infrastructure Bank was in place (1933–1957), during which time t otal factor productivity advanced by 3.5 percent per year, the economy grew on average 5.5 perc ent per year, income inequality fell by one- third, and Federal and State tax receipts rose dramatically. TITLE I—REVENUE PROVISIONS SEC. 101. TREATMENT OF NATIONAL INFRASTRUCTURE BANK AS A GOVERNMEN T CORPORATION EXEMPT FROM TAX. (a) I N G E N E R A L .—Section 501(l) of the Internal Revenue Code of 1986 is amended by ad ding at the end the following new paragraph: “(5) The National Infrastructure Bank established under title II of the National Infrastructur e Bank Act of 2021”..”. (b) E F F E C T I V E D A T E .—The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 102. TREATMENT OF CONTRIBUTIONS TO THE NATIONAL INFRASTRUCTURE BANK AS CHARITABLE CONTRIBUTIONS. (a) I N G E N E R A L .—Section 170(c) of the Internal Revenue Code of 1986 is amended by in serting after paragraph (5) the following new paragraph: “(6) The National Infrastructure Bank established under title II of the National Infrastructur e Bank Act of 2021.”. (b) A P P L I C A T I O N O F P E R C E N T A G E L I M I T A T I O N .—Section 170(b)(1)(A) of such Cod e is amended by striking “or” at the end of clause (viii), by inserting “or” at the end of clause (ix) , and by inserting after clause (ix) the following new clause: “(x) the National Infrastructure Bank referred to in subsection (c)(6),”. (c) E F F E C T I V E D A T E .—The amendments made by this section shall apply to taxable year s ending after the date of the enactment of this Act. SEC. 103. TEMPORARY RULE TO ALLOW A DEDUCTION FOR CASH CONTRIBUTION S TO THE NATIONAL INFRASTRUCTURE BANK BY CERTAIN TAXPAYERS WHO DO NOT ELECT TO ITEMIZE DEDUCTIONS. (a) I N G E N E R A L .—Section 170(p) of the Internal Revenue Code of 1986 is amended by ad ding at the end the following flush sentence: “The $300 or $600 dollar limitation otherwise in effect under the preceding sentence with respect to any taxpayer for any taxable year shall be increased by the amount of contributions made in c ash by such taxpayer during such taxable year (determined without regard to subsections (b)(1)( G)(ii) and (d)(1)) to the National Infrastructure Bank referred to in subsection (c)(6).”. (b) E F F E C T I V E D A T E .—The amendments made by this section shall apply to taxable year s ending after the date of the enactment of this Act. SEC. 104. PREFERRED DIVIDENDS OF NATIONAL INFRASTRUCTURE BANK EXCLUD IBLE FROM GROSS INCOME. (a) I N G E N E R A L .—Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1 986 is amended by inserting after section 139I the following new section: “SEC. 139J. PREFERRED DIVIDENDS OF NATIONAL INFRASTRUCTURE BANK. “Gross income shall not include any amount received as a dividend on preferred stock of the Nati onal Infrastructure Bank pursuant to section 203(c) of the National Infrastructure Bank Act of 20 21 (as in effect on the date of the enactment of this section).”. (b) C L E R I C A L A M E D M E N T .— The table of sections of such part is amended by inserting after the item relating to section 1 39I the following new item: “Sec. 139J. Preferred dividends of National Infrastructure Bank.”. (c) E F F E C T I V E D A T E .—The amendments made by this section shall apply to taxable year s ending after the date of the enactment of this Act. TITLE II—ESTABLISHMENT OF NATIONAL INFRAST RUCTURE BANK SEC. 201. DEFINITIONS. For purposes of this title, the following definitions apply unless otherwise specified in this title: (1) BANK.—The term “Bank” means the National Infrastructure Bank established under se ction 202(a). (2) BLENDED FINANCING.—The term “blended financing” means financing provided th rough any combination of loans or bond financing, in cooperation with private lenders or State re volving funds, that is integrated into a single agreement with a single set of financial terms. (3) BOARD.—The term “Board” means the National Infrastructure Bank Board. (4) BOND.—The terms “Bond” means any bond issued in accordance with this Act if— (A) the proceeds from the sale of the bond are to be used for expenditures incurred after the date of issuance with respect to any infrastructure project or other purpose, subject to such rules as the Bank may provide; (B) the bond is issued in registered form; (C) the bond has such terms, and carries interest in such an amount, as determined by the Ba nk; and (D) payments of interest and principal with respect to the bond is the obligation of the Bank, and is backed by the full faith and credit of the United States. (5) CHIEF ASSET AND LIABILITY MANAGEMENT OFFICER.—The term “chief asset and liability management officer” means the chief individual responsible for coordinating the m anagement of assets and liabilities of the Bank. (6) CHIEF COMPLIANCE OFFICER.—The terms “chief compliance officer” and “CCO” mean the chief individual responsible for overseeing and managing the compliance and regulator y affairs of the Bank. (7) CHIEF EXECUTIVE OFFICER.—The terms “chief executive officer” and “CEO” mea n the individual serving as the executive director of the Bank. (8) CHIEF FINANCIAL OFFICER.—The terms “chief financial officer” and “CFO” mean the chief individual responsible for managing the financial risks, planning, and reporting of the B ank. (9) CHIEF LOAN ORIGINATION OFFICER.—The term “chief loan origination officer” means the chief individual responsible for managing the processing of new loans provided by the Bank. (10) CHIEF OPERATIONS OFFICER.—The terms “chief operations officer” and “COO” mean the chief individual responsible for the retail operations of the Bank and its branches, inclu ding its administrative, human resource, and information technology systems. (11) CHIEF RISK OFFICER.—The terms “chief risk officer” and “CRO” mean the chief in dividual responsible for managing operational and compliance-related risks of the Bank. (12) CHIEF TREASURY OFFICER.—The term “chief treasury officer” means the chief in dividual responsible for managing the Bank’s treasury operations. (13) COMMUNITY DEVELOPMENT INFRASTRUCTURE PROJECT.—The term “com munity development infrastructure project” means any project for the development of affordable housing, schools, public parks and recreation, libraries, or public facilities that train workers and build labor skills. (14) CONNECTIVITY.—The term “connectivity” means the linkages in transportation, ene rgy, communications, and community development infrastructure, as well as manufacturing and data centers, that tie geographic areas together into economic units, including networks of comm uter routes, railways, shipping lanes, and internet cables, and are best expressed in map form. (15) COST BENEFIT ANALYSIS.—The term “cost benefit analysis” means the compariso n of the stream of costs for a potential project over its useful lifetime, to its public benefits over t hat time, with cost and benefit flows expressed on a common basis in terms of net present value. (16) DEVELOPMENT.—The terms “development” and “develop” mean, with respect to an infrastructure project, any— (A) preconstruction planning, feasibility review for stand- alone projects or for bundled projects, permitting, design work, life- cycle maintenance planning, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, replacement, or expansion. (17) DIRECT LOAN.—The term “direct loan” has the meaning given the term in section 5 02 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (18) DISADVANTAGED COMMUNITY.—The term “disadvantaged community” means a county, city, or partial census tract area, with any of the following characteristics: (A) A median household income below 80 percent of the State nonmetropolitan median hou sehold income. (B) Persistent rural poverty, in which 20 percent or more of the population has been living b elow the poverty line for the last 30 years. (19) ENERGY INFRASTRUCTURE PROJECT.—The term “energy infrastructure project” means any project for energy transmission and distribution, energy generation as needed, energy efficiency enhancement for buildings, and energy storage. (20) ENTITY.—The term “entity” means— (A) a State, municipality, or other governmental agency (including a political subdivision or any other instrumentality of a State or a revolving fund); (B) a publicly owned utility; (C) a public authority, corporation, or Federal agency; (D) a partnership (including a public-private partnership); (E) a joint venture; or (F) a trust. (21) ENVIRONMENTAL INFRASTRUCTURE PROJECT.—The term “environmental inf rastructure project” means any project for the establishment, deferred maintenance, or enhancem ent, including security enhancement, of any drinking water and wastewater treatment facility, sto rm water management system, flood gate, dam, levee, dredging, wetland restoration or other ope n space conservation, infill development, solid waste disposal facility, hazardous waste facility, o r industrial site cleanup or remediation project. (22) GENERAL COUNSEL.—The term “general counsel” means the individual who serve s as the chief lawyer for the Bank. (23) GREENHOUSE GASES.—The term “greenhouse gases” means any man- made gas designated as a greenhouse gas by the Administrator of the Environmental Protection Agency. (24) INFRASTRUCTURE PROJECT.—The term “infrastructure project” means any transp ortation, energy, environmental, telecommunications, community development, or other infrastru cture project for which a development plan is presented to the Bank for financing. It shall exclud e military infrastructure. (25) LOAN GUARANTEE.—The term “loan guarantee” has the same meaning as in sectio n 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (26) PRODUCTIVITY.—The term “productivity” means the improved efficiency in the ec onomy associated with investments in public and private infrastructure. It is calculated as the cha nge in the value of total production, minus the change in the value of inputs going into productio n. (27) PUBLIC BENEFIT.—The term “public benefit” means the clear and measurable benef it to society resulting from the public’s use of the infrastructure with respect to which a project is carried out, or the improvement such infrastructure provides in— (A) economic growth and productivity; (B) air and water quality; (C) energy savings; (D) high-wage jobs; (E) poverty reduction; or (F) increased Federal, State, and local revenues. (28) PUBLIC-PRIVATE PARTNERSHIP.—The term “public- private partnership” means any entity— (A) (i) which is undertaking the development of all or part of an infrastructure project, whic h will have a public benefit, pursuant to requirements established in one or more contracts betwe en the entity and a State or an instrumentality of a State; or (ii) the activities of which, with respect to such an infrastructure project, are subject to regul ation by a State or any instrumentality of a State; and (B) which owns, leases, or operates, or will own, lease, or operate, the project in whole or in part, and at least one of the participants in the entity is a nongovernmental entity. (29) REVOLVING FUND.—The term “revolving fund” means a fund or program establish ed by a State or a political subdivision or other instrumentality of a State, the principal activity of which is to make loans, commitments, or other financial accommodation available for the devel opment of one or more categories of infrastructure projects. (30) SECRETARY.—The term “Secretary” means the Secretary of the Treasury. (31) SMART GRID.—The term “smart grid” means a system that provides for any of the s mart grid functions set forth in section 1306(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17386(d)). (32) STATE.—The term “State” means any of the several States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of Northern Maria na Islands, and any other territory of the United States. (33) TELECOMMUNICATIONS INFRASTRUCTURE PROJECT.—The term “telecomm unications infrastructure project” means any project involving infrastructure required to provide communications by wire, fiber optic cable, satellite, or radio, including broadband, or to enhance security for such infrastructure. (34) TRANSPORTATION INFRASTRUCTURE PROJECT.—The term “transportation inf rastructure project” means any project for the construction, deferred maintenance, or enhanceme nt, including security enhancement, of highways, roads, bridges, transit and intermodal systems, i nland waterways, commercial ports, airports, high speed rail, and rail track systems. (35) TRUST FUND.—The term “Trust Fund” means a delineated account in the books of t he Bank, set up to receive and disburse grant money to fully or partially subsidize project loans t o entities operating in disadvantaged communities. Trust fund receipts shall include those left ov er from net operations of the Bank, Federal grant disbursements, and philanthropic and other gift s from individuals and corporations as they become available. SEC. 202. ESTABLISHMENT OF NATIONAL INFRASTRUCTURE BANK. (a) E S T A B L I S H M E N T O F N A T I O N A L I N F R A S T R U C T U R E B A N K .—The National Infras tructure Bank is established as a Government corporation subject to chapter 91 of title 31, United States Code (commonly known as the “Government Corporation Control Act”), except as other wise provided in this Act. (b) C O N F O R M I N G A M E N D M E N T .—Section 9101(3) of title 31, United States Code, is am ended by adding at the end the following: “(Q) the National Infrastructure Bank.”. (c) R E S P O N S I B I L I T Y O F T H E S E C R E T A R Y .—The Secretary shall take such action as m ay be necessary to assist in implementing the establishment of the Bank in accordance with this Act, including obtaining a national bank charter. SEC. 203. PURPOSES AND AUTHORIZATIONS. (a) P U R P O S E .—The purpose of National Infrastructure Bank shall be to facilitate efficient, long- term financing of infrastructure projects, business and economic growth, and new job creation in the United States. (b) C A P I T A L I Z A T I O N .— (1) IN GENERAL.—The National Infrastructure Bank shall raise capital stock, in an amoun t approved by the Board, but not to exceed to $500,000,000,000, to be held in the form of Treasu ry securities. (2) SUBSCRIPTION.—The capital stock shall be subscribed by— (A) public holders of outstanding Treasury securities of 3 years or greater maturity, or outst anding municipal bonds of States or municipalities of 5 years or greater maturity, who transfer su ch securities or bonds to the Bank in exchange for the capital stock; (B) paid-in share capital, paid in cash; and (C) the United States Treasury, as “on- call” subscriber to the Bank, in an amount up to $100,000,000,000 in 30- year United States Treasury Bonds. (3) CAPITAL ADEQUACY RATIO.—The Bank shall maintain risk- based capital of no less than 10.0 percent. (4) LIMITATION.—The Bank shall not purchase public debt of the United States, as newly issued, except for the purpose of rolling over the existing Treasury holdings of the Bank or to co nvert the proceeds of cash purchases of the Bank’s preferred stock into Treasury securities. (c) P R E F E R R E D S T O C K .— (1) IN GENERAL.—All subscribed capital shall be exchanged for an equivalent in preferre d stock, or shares, in the Bank, callable only by the Bank at the current market value of the share s during a period of 20 years following finalization of a stock purchase agreement. Notwithstandi ng any other provision of law, a guarantee of redemption at the then current market price of the s hares shall be included in the stock purchase agreement along with a contractual obligation by th e United States Treasury to fund the redemption. Preferred shareholders shall have no voting righ ts in the Bank. (2) DIVIDENDS ON PREFERRED STOCK.—The Bank shall pay dividends on its preferr ed stock semiannually at the following rates: (A) For stock acquired in exchange for Treasury securities by an individual, by an entity tha t is not exempt from tax under section 501 of the Internal Revenue Code of 1986, or by the Unite d States Treasury, the same annual rate as the Treasury security exchanged for the stock. (B) For stock acquired in exchange for securities by an organization that is exempt from tax under section 501 of the Internal Revenue Code of 1986, the same annual rate as the Treasury se curity exchanged for the stock plus one half of one percent (0.5%). (C) For stock purchased in exchange for cash by an individual or an entity that is not exemp t from tax under section 501 of the Internal Revenue Code of 1986, the same annual rate payable on Treasury bonds with a 30- year maturity purchased from the Treasury on the day the stock purchase agreement is finalized. (D) For stock purchased in exchange for cash by an organization that is exempt from tax un der section 501 of the Internal Revenue Code of 1986, the same annual rate payable on Treasury bonds with a 30- year maturity on the day the stock purchase agreement is finalized plus one half of one percent (0 .5%). (3) ACQUISITIONS FOR OTHER THAN CASH OR TREASURY SECURITIES TREAT ED AS ACQUISITIONS FOR CASH.—For stock acquired in exchange for non- cash assets other than Treasury securities, the assets shall be liquidated by the Bank and the proc eeds treated as a cash purchase of stock. (4) AUTHORITY TO MODIFY RATES.—If the dividends provided for in paragraph (2) g enerate either more or less investment in the Bank’s preferred stock than is needed to achieve an d maintain the Bank’s desired capitalization, the Directors may reduce or increase the dividends provided for new acquisitions of preferred stock in one or more of subparagraphs (A) through (D ) of paragraph (2) for such periods of time as the Directors determine appropriate. (5) PRIORITY AND GUARANTEE OF DIVIDEND PAYMENTS.—Dividend payments o n the Bank’s preferred stock shall have priority over other uses of interest payments received by t he Bank on its capital stock holdings of Treasury securities, and any such dividends owed in exc ess of the amount covered by these interest payments shall be guaranteed by the United States in the stock purchase agreement. (d) B O R R O W E D C A P I T A L .—The Bank is further authorized to raise borrowed capital for projects needs, or to meet its cash flow (liquidity) needs, by— (1) issuing Bonds, with a fixed 5 to 10 year maturity; and (2) maintaining a permanent, revolving discount line of credit account with the Board of Go vernors of the Federal Reserve System. (e) D E P O S I T S .—Once chartered as a national bank, the Bank shall accept deposits from ind ividuals, corporations, or public entities, into transaction deposit accounts on its books, and pay i nterest on those deposits, in an amount deemed appropriate by the Board. (f) L O A N S .— (1) IN GENERAL.—The Bank shall provide loans, in accordance with this Act, to entities, or enter into blended financing credit, for the financing, development, or operation of infrastructu re projects. (2) LOAN MATURITY.—The maturity of loans should match, to the extent possible, the m aturity periods of anticipated profitability, economic stimulus, and projected useful life of project s financed by such loans. (3) LOAN LIMIT.—Total loans contracted by the Bank shall not exceed $5,000,000,000,00 0. (4) INTEREST CHARGES ON LOANS AND OTHER FEES.—The Bank— (A) shall charge fixed-rate- interest, fees, premiums, or discounts based on the risk associated with a loan made by the Bank, taking into consideration— (i) the price of Treasury obligations of a similar maturity or 1.6 percent per annum, whichev er is greater; (ii) the credit rating of the borrowing entity if expressly published, or an assessment of the o verall finances of the borrowing entity indicating an ability to service the loan; (iii) current and expected future economic conditions, including expected improvements in t he economy and the borrowing entity’s finances resulting from the Bank’s overall lending operat ions; and (iv) whether or not the borrowing entity qualifies as a disadvantaged community, and an int erest rate subsidy, subject to availability of funds; (B) may, in connection with a loan extended by the Bank, issue guarantees, insurance, coins urance, and reinsurance to borrowing entities, insurance companies, financial institutions, or othe rs, or groups thereof, and charge fees based on a similar risk analysis; and (C) may charge for the review of any project proposal in such amount as may be approved b y the Board to cover the costs of such review. (5) REFINANCING.—Subject to a full audit of the project and borrower, and subject to Bo ard review, the Bank may extend the time limit for repayment of a loan, through renewal, substit ution of new obligations, or otherwise, with the maximum time for such renewal to be approved by the Board. The Bank may make such further loans as necessary for project completion, or to a ssure loan repayment. (6) LIMITATIONS ON LOANS.—The Bank may not— (A) provide loans to consumers or provide any other loans not described under this Act; or (B) engage in investment banking activities such as underwriting securities or trust manage ment for customers. (g) C A P I T A L F O R L O A N D I S B U R S E M E N T S .—Once chartered as a deposit- taking bank, the Bank is authorized to create funds in a deposit account in a borrowers name, in a ccordance with the loan agreement, as each scheduled loan disbursement as it is made. The Bank shall draw up an Aggregate Loan Disbursement Plan, for the information of the Comptroller of t he Currency and the Board of Governors of the Federal Reserve System. (h) N E T E A R N I N G S .—After meeting current obligations, the Bank is authorized to use its earnings, and all moneys which have been or may hereafter be allocated to or borrowed by it, in t he exercise of its functions. From those monies, the Bank shall set aside loan loss provisions equ al to a proportion of loan book value, as determined appropriate by the Board. Net earnings of th e Bank, after setting aside loan loss provisions and estimated forward cash flow needs, shall be u sed for the payment of dividends to the United States Treasury, in an annual amount to be determ ined by the Board. Any residual net earnings shall be deposited into a Trust Fund to subsidize loa ns for disadvantaged communities that are not able to repay infrastructure loans on normal loan t erms, in a manner to be determined by the Board. Any direct Federal contributions from the budg et for the purpose of subsidizing disadvantaged communities may also be added and utilized via t he Trust Fund. (i) G U A R A N T E E S A N D L O A N L O S S P R O V I S I O N S .—In the event of any losses, as deter mined by the Board, incurred on loans, guarantees, and insurance extended under this Act, they s hall be borne by the Bank out of its loan loss provisions. Any losses in excess thereof shall be bo rne by the Secretary of the Treasury. That excess shall be considered a contingent obligation bac ked by the full faith and credit of the Government of the United States of America. (j) R E S E R V E S .—The Bank shall maintain reserves against the Bank’s transaction accounts in such amount as the Board may determine appropriate, but not greater than 14 percent of the B ank’s total transaction accounts in excess of $25,000,000. (k) B R A N C H E S .—The Bank shall establish an office of lending and deposit in each city tha t has a Federal reserve bank, via the internet, and in any other location where the Board determin es it appropriate. SEC. 204. FORMATION OF REGIONAL ECONOMIC ACCELERATOR PLANNING GROU PS. (a) I N G E N E R A L .—The Bank, through its branch offices, shall facilitate the organization o f at least 7 Regional Economic Accelerator Planning Groups, to be defined by common economi c, demographic, and infrastructure linkages. (b) D U T I E S .—The Regional Economic Accelerator Planning Groups may— (1) organize themselves by, and be composed of, State and local public sector officials, incl uding through multijurisdictional or multistate agreements among agencies; (2) identify economic mega- regions, defined as hub cities, related towns and suburbs, manufacturing production corridors, an d rural areas woven together into the communities where people of the United States live, work, and provide goods or services for movement within the region, and to other regions; (3) identify infrastructure needs and priorities for mega- regions, with input from the American Society of Civil Engineers, and other trade, business, and industrial associations; (4) develop regional economic accelerator plans, and a pipeline of infrastructure projects, an d their strategic placement, needed to improve supply chains, land use, and productivity within e ach mega-region, while seeking to include all communities; (5) define how such projects will create energy savings, environment improvements, jobs an d wage improvements, regional economic growth, and growth in regional tax income; (6) identify where multijurisdictional agreements should be enacted or strengthened to impr ove the development of infrastructure projects that cross jurisdictional lines (examples are transp ortation improvements along the northeast corridor, flood mitigation in midwestern States along t he Missouri River, or development of a national high-speed rail grid); (7) identify where Federal, State, or local laws and regulations should be streamlined to red uce infrastructure project approval times, while maintaining environmental and safety objectives, and work towards streamlining those laws and regulations; (8) seek public input on the broad outlines of each regional infrastructure development plan; (9) provide such plans to the Bank, to inform the Bank on its selection of infrastructure proj ects for financing; and (10) assist entities formulating and submitting projects for consideration of Bank financing on the definition, scope, selection criteria, and others factors under section 205 that will be consi dered in the approval process. SEC. 205. ELIGIBILITY CRITERIA FOR ASSISTANCE FROM THE BANK. (a) I N G E N E R A L .—Financial assistance shall be available from the Bank when the entity a pplying for such assistance has demonstrated to the satisfaction of the Board that the project for which such assistance is being sought meets the requirements of this Act. Any entity proposing a project for which the use or purpose is private, and without public benefit, shall not be eligible f or financial assistance from the Bank under this Act. (b) A P P L I C A N T S .—The Bank shall accept applications for infrastructure projects for the de signation of those projects that may receive financial assistance under this section for any infrastr ucture project having— (1) a public sponsor; and (2) local, regional, or national significance. (c) G U I D E L I N E S F O R I N F R A S T R U C T U R E P R O J E C T S .—The Executive Committee and t he Board shall establish standard operating procedures, and develop online application procedure s, to assist applications of infrastructure projects under this section to develop applications for fin ancial assistance under this section. (d) C R I T E R I A .— (1) IN GENERAL.—In making a determination as to whether to provide an infrastructure p roject with financial assistance, the Board shall evaluate and rate each applicant based on the fact ors appropriate for the type of the proposed infrastructure project, including— (A) consistency of the project with a regional infrastructure development plan that builds ec onomic connectivity in the project area and beyond, so that maximum growth is achieved while l eaving no community behind; (B) a life cycle projection of the benefits, as compared to costs, of the project, that incorpora tes the factors in subparagraphs (C) through (N) of this paragraph; (C) promotion of economic growth, including private sector- led growth associated with the project; (D) job creation, including fair and responsible employment practices, and a workforce deve lopment to train workers in new skills, including by union apprentice programs to train new hires ; (E) a preference for projects in areas of high unemployment, or disadvantaged communities, including a workforce development plan to train workers in new skills; (F) environmental and public health benefits including the reduction in greenhouse gases, a nd water and air pollution, and the removal of lead and other hazardous materials; (G) a demonstrated ability to contract for design, construction, operation, and maintenance of the infrastructure project throughout its estimated useful life, including by defining project obj ectives and utilizing performance-based monitoring; (H) an understanding of the strategic importance of bundling of projects, correctly sizing pr ojects, and adopting value design and procurement procedures, so as to realize long- run cost savings from “dig, build, expand, or improve only once”; (I) an understanding of the importance of innovative and state-of-the- art technologies that achieve project reliability, efficiency, resiliency, sustainability, security, and public safety; (J) in cases where infrastructure is publicly or privately owned, a preference for projects tha t leverage Federal, State, local, and private financing, including public- private partnerships, or where companies can show that the additional capital could not be obtain ed from commercial sources; (K) a consideration of the costs and benefits of preserving and repurposing existing infrastru cture, in particular to mitigate against unemployment and bolster manufacturing in the United Sta tes; (L) integration of other qualified projects that may or should be done concurrently; (M) a categorical benefit; and (N) any other criteria as determined by the Board, with approval by the Board. (2) CATEGORICAL BENEFIT.—In this subsection, the term “categorical benefit” means t he following: (A) For any transportation infrastructure project: (i) A reduction in surface and air traffic congestion, by road, transit, passenger rail, freight r ail, port or inland water travel, or air travel, as measured by reductions in transit, boarding, and to tal trip times. (ii) An anticipated increase in capacity for existing and expected new ridership or transport use, including by high-speed rail. (iii) A reduction in risks from maintenance decline, or structural failure, over the service life of the project. (iv) The coordination of improvements in commuter passenger operations, freight transport, and new community design, with the demographics of population, economic production, and tra de hubs according to a regional infrastructure plan. (v) An overall decline in greenhouse gas emissions from surface and air transportation proje cts financed by the Bank. (vi) An increase in access to affordable transportation options, including by low- income populations and the disabled. (vii) Improvements in safety for users, passengers, and operators, as measured by a reductio n in fatalities and serious injuries. (B) For any environmental infrastructure project: (i) Increased coastal and inland flood mitigation and protection. (ii) Improvements in drinking water, wastewater, or stormwater systems, through the repair, expansion or replacement of such systems. (iii) A reduction in risk to any public infrastructure from structural failure, or damage, due t o weather-related events or catastrophic wildfires. (iv) Environmental improvements from the removal of hazardous wastes. (C) For any energy infrastructure project: (i) Development of a smart grid, with modern security and resiliency systems. (ii) Expanded use of clean energy. (iii) Energy efficient buildings, including clean energy designated retrofits. (iv) Development of localized power generation, and its integration into the grid. (D) For any telecommunications project: (i) Completion or improvement in broadband and wireless access and affordability in rural a nd disadvantaged communities that private companies do not serve. (ii) Improvement of the global telecommunication satellite network. (E) For any community development infrastructure project: (i) Modernization of local land use policies, including those that promote transit- oriented development and location efficiency. (ii) Expansion in the provision of public housing, or publicly assisted affordable housing, to provide long- term affordability in targeted, disadvantaged communities, for families and persons with incomes equivalent to those currently assisted, and improvement in the physical condition of such housin g. (iii) Replacement of schools that have reached their service lifetime; or expansion of school facilities with growing populations, or to house new programs for workforce development. (iv) Improvements in National, State, and local parks and recreation facilities and related op en space land management. (e) E M E R G E N C Y P R O C E D U R E S .—During the Bank’s first year of operation, or until the Bank has provided a total of $500,000,000,000 in loans, the Board may relax its selection criteria and procedures in favor of lending quickly for projects— (1) that reduce unemployment; (2) that address the backlog of critical, shovel- ready projects for which preliminary engineering or permitting is already completed; or (3) where there is a critical safety or other public need. SEC. 206. BOARD OF DIRECTORS. (a) I N G E N E R A L .—The Bank shall have a Board of Directors consisting of 25 members ap pointed by the President by and with the advice and consent of the Senate. (b) Q U A L I F I C A T I O N S .—The directors of the Board shall include individuals representing different regions of the United States and— (1) 12 of the directors shall have at least 15 years of industrial and engineering experience; (2) 1 director shall be from the AFL–CIO; (3) 2 of the directors shall be from North America’s Building Trades Unions; (4) 2 of the directors shall be from the United States Army Corp of Engineers; (5) 2 of the directors shall have State and local public sector experience; (6) 2 of the directors shall have finance experience; (7) 2 of the directors shall have economic development experience; and (8) 2 director shall represent minority communities or disadvantaged communities. (c) C H A I R P E R S O N A N D V I C E C H A I R P E R S O N .—As designated at the time of appointme nt, one of the directors of the Board shall be designated chairperson of the Board by the President and one shall be designated as vice chairperson of the Board by the President. (d) T E R M S .— (1) IN GENERAL.—Except as provided in paragraph (2), each director shall be appointed f or a term of 6 years. (2) INITIAL STAGGERED TERMS.—Of the initial members of the Board— (A) the chairperson and vice chairperson shall each be appointed for terms of 6 years; (B) 12 directors shall be appointed for a term of 4 years; and (C) 11 directors shall be appointed for a term of 2 years. (e) C O N G R E S S I O N A L R E C O M M E N D A T I O N S .—Not later than 30 days after the date of en actment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Spea ker of the House of Representatives, and the minority leader of the House of Representatives shal l each submit a recommendation to the President for appointment of a member of the Board of D irectors, after consultation with the appropriate committees of Congress. (f) D A T E O F I N I T I A L N O M I N A T I O N S .—The initial nominations by the President for app ointment of directors to the Board shall be made not later than 60 days after the date of enactmen t of this Act. (g) V A C A N C I E S .— (1) IN GENERAL.—A vacancy on the Board shall be filled in the manner in which the orig inal appointment was made. (2) APPOINTMENT TO REPLACE DURING TERM.—Any director appointed to fill a va cancy occurring before the expiration of the term for which the director’s predecessor was appoi nted shall be appointed only for the remainder of the term. (3) DURATION.—A director may serve after the expiration of that director’s term until a s uccessor has taken office. (h) Q U O R U M .—At the time of any Board meeting, 75 percent of the directors confirmed by Congress (rounded down to a whole number) shall constitute a quorum. (i) R E A P P O I N T M E N T .—A director of the Board appointed by the President may be reappoi nted by the President in accordance with this section. (j) P E R D I E M R E I M B U R S E M E N T .—Directors of the Board shall serve on a part- time basis and shall receive a per diem when engaged in the actual performance of Bank business , plus reasonable reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties. (k) L I M I T A T I O N S .—A director of the Board may not participate in any review or decision affecting a project under consideration for assistance under this Act if the director has or is affilia ted with a person who has an interest in such project. (l) R E S P O N S I B I L I T I E S .—The Board shall— (1) as soon as is practicable after the date on which the last director is appointed, establish a n Executive Committee, Risk Management Committee and Audit Committee as prescribed by thi s Act; (2) not later than 180 days after the date on which the last director is appointed develop and approve the bylaws of the Bank, and publish such bylaws in the Federal Register, including byla ws for the regulation of the affairs and conduct of the business of the Bank, consistent with the p urpose, goals, objectives, and policies set forth in this Act; (3) ensure that the Bank is at all times operated in a manner that is consistent with this Act, by— (A) monitoring and assessing the effectiveness of the Bank in achieving its strategic goals; (B) periodically reviewing internal policies submitted by the chief executive officer; (C) reviewing and approving annual business plans, annual budgets, and long- term strategies submitted by the chief executive officer; (D) reviewing and approving annual reports submitted by the chief executive officer; (E) reviewing risk management and audit practices of the Bank; and (F) reviewing and approving all changes to the organization of the Bank; and (4) establishing such other criteria, requirements, or procedures as the Board may consider t o be appropriate in carrying out this Act. (m) M E E T I N G S .— (1) OPEN TO THE PUBLIC; NOTICE.—All meetings of the Board held to conduct the bu siness of the Bank shall be open to the public and shall be preceded by reasonable notice. (2) INITIAL MEETING.—The Board shall meet not later than 90 days after the date on wh ich the last director is appointed and otherwise at the call of the Chairperson. (3) EXCEPTION FOR CLOSED MEETINGS.—Pursuant to such rules as the Board may e stablish through their bylaws, the directors may close a meeting of the Board if, at the meeting, t here is likely to be disclosed information which could adversely affect or lead to speculation relat ing to an infrastructure project under consideration for assistance under this Act or in financial or securities or commodities markets or institutions, utilities, or real estate. The determination to cl ose any meeting of the Board shall be made in a meeting of the Board, open to the public, and pr eceded by reasonable notice. The Board shall prepare minutes of any meeting which is closed to the public and make such minutes available as soon as the considerations necessitating closing su ch meeting no longer apply. SEC. 207. POWERS AND LIMITATIONS OF THE BOARD. (a) P O W E R S .—In order to carry out the purposes of the Bank as set forth in this Act, the Bo ard shall be responsible for the approval and monitoring of infrastructure projects, and have the f ollowing powers: (1) To make senior and subordinated direct loans on such terms as the Board may determine , in the Board’s discretion, to be appropriate to assist in the financing or refinancing of an infrastr ucture project. (2) Subject to the availability of funding, as determined by the Board, to develop specialized loan programs, such as a disadvantaged communities loan program, or a community cooperative startup, that provide project financing on flexible repayment terms. (3) To make loan guarantees on such terms as the Board may determine, in the Board’s disc retion, to be appropriate to assist in the financing or refinancing of an infrastructure project. (4) To issue Bonds, to provide financing to infrastructure projects from amounts made avail able from the issuance of such bonds. (5) To make agreements and contracts with any entity in furtherance of the business of the Bank. (6) To approve infrastructure loans financed in whole or in part, by the Bank, after receiving recommendations from the Executive Committee established in section 208. (7) To monitor infrastructure projects financed in whole or in part, by the Bank, after receivi ng assessments from the Executive Committee. (8) To sue and be sued in the Bank’s corporate capacity in any court of competent jurisdicti on, except that no attachment, injunction, or similar process, may be issued against the property of the Bank or against the Bank with respect to such property. (9) To indemnify the directors and officers of the Bank for liabilities arising out of the actio ns of the directors and officers in such capacity, in accordance with, and subject to the limitations contained in, this Act. (10) To serve as the primary liaison between the Bank and the Congress, the executive bran ch, and State and local governments, and to represent the Bank’s interests. (11) To exercise all other lawful powers which are necessary or appropriate to carry out, an d are consistent with, the purposes of the Bank. (b) E M P L O Y E E P R O T E C T I O N S .—Prior to providing any financial assistance for an infrast ructure project involving reconstruction, rehabilitation, replacement, or expansion that may impa ct current employees on the project site, the interests of employees affected by the financial assist ance shall comply with applicable Federal law as set out in section 215. (c) C O O R D I N A T I O N W I T H S T A T E A N D L O C A L R E G U L A T O R Y A U T H O R I T Y .—The provision of financial assistance by the Board pursuant to this Act shall not be construed as— (1) limiting the right of any State or political subdivision or other instrumentality of a State t o approve or regulate rates of return on private equity invested in a project; or (2) otherwise superseding any State law or regulation applicable to a project. (d) F E D E R A L P E R S O N N E L R E Q U E S T S .—The Board shall have the power to request the detail, on a reimbursable basis, of personnel from other Federal agencies with specific expertise not available from within the Bank or elsewhere. The head of any Federal agency may detail, on a reimbursable basis, any personnel of such agency requested by the Board and shall not withhol d unreasonably the detail of any personnel requested by the Board. SEC. 208. EXECUTIVE COMMITTEE. (a) I N G E N E R A L .—The Board shall establish an Executive Committee consisting of 9 me mbers, headed by the chief executive officer of the Bank. (b) C E O .—A majority of the Board shall have the authority to appoint and reappoint the ch ief executive officer with such executive functions, powers, and duties as may be prescribed by t his Act, the bylaws of the Bank, or the Board. (c) C E O R E S P O N S I B I L I T I E S .—The CEO shall have responsibility for the development an d implementation of the strategy of the Bank, including— (1) the development and submission to the Board of the annual business plans and budget; (2) the development and submission to the Board of a long- term strategic infrastructure development plan that is consistent with regional plans as presented to the Bank by Regional Economic Accelerator Planning Groups; and (3) the development, revision, and submission to the Board of Directors of the Bank’s other internal policies. (d) O T H E R E X E C U T I V E O F F I C E R S .—The Board shall appoint, remove, fix the compensa tion, and define duties of 8 other executive officers to serve on the Executive Committee as the — (1) chief risk officer; (2) chief operations officer; (3) chief loan origination officer; (4) chief compliance officer; (5) chief financial officer; (6) chief treasury officer; (7) chief asset and liability management officer; and (8) general counsel. (e) Q U A L I F I C A T I O N S .—The CEO, as well as other executive officers, and all loan originat ion officers, shall have extensive experience and expertise in retail banking, and in one or more o f the following: (1) Transportation infrastructure. (2) Environmental infrastructure. (3) Energy infrastructure. (4) Telecommunications infrastructure. (5) Public housing and urban or rural development. (6) Economic development. (7) Workforce development. (8) Public finance. (f) D U T I E S .—In order to carry out the purposes of the Bank as set forth in this Act, the Exe cutive Committee shall— (1) establish and submit to the Board disclosure and application procedures for entities nomi nating projects for assistance under this Act; (2) establish and submit to the Board standardized terms and conditions, fee schedules, or le gal requirements of a contract or program to carry out this Act; (3) establish and submit to the Board guidelines for the selection and approval of projects an d specific criteria for determining eligibility for project selection, subject to the general criteria p rovided in section 205; (4) accept, for consideration, project proposals relating to the development of infrastructure projects, which meet the basic criteria established by this Act and by the Executive Committee, a nd which are submitted by an entity; (5) provide recommendations to the Board and place project proposals accepted by the Exec utive Committee on a list for consideration for financial assistance from the Board; and (6) establish a plan, and build capacity within the Bank, to provide technical assistance to St ate and local governments, regional economic accelerator planning groups established under sect ion 204, joint ventures, regional economic accelerator agencies, and other borrowing entities on — (A) the Bank’s borrowing procedures and selection criteria; (B) development of a pipeline of projects suitable for financing, that meet the selection crite ria developed by the Bank; (C) development of specialized institutional structures, and cross- region planning, to help in the planning of complex projects; (D) best design, construction, and management practices, including those identified in globa l infrastructure databases; (E) contract evaluation methods, including procurement value-for-money options; and (F) institution strengthening relating to the management of projects and work contracts, incl uding through performance-based project delivery. (g) V A C A N C Y .—A vacancy in the position of CEO and other executive officers of the Exe cutive Committee shall be filled in the manner in which the original appointment was made. (h) C O M P E N S A T I O N .—The compensation of the CEO and other executive officers of the Executive Committee shall be determined by the Board. (i) R E M O V A L .—The CEO and other executive officers of the Executive Committee may be removed at the discretion of a majority of the Board. (j) T E R M .—The CEO and other executive officers of the Executive Committee shall serve a 6-year term and may be reappointed in accordance with this section. (k) L I M I T A T I O N S .—The CEO and other executive officers of the Executive Committee sh all not— (1) hold any other public office; (2) have any interest in an infrastructure project considered by the Board; (3) have any interest in an investment institution, commercial bank, or other entity seeking f inancial assistance for any infrastructure project from or investing in the Bank; and (4) have any such interest during the 2- year period beginning on the date such officer ceases to serve in such capacity. SEC. 209. RISK MANAGEMENT COMMITTEE. (a) E S T A B L I S H M E N T O F R I S K M A N A G E M E N T C O M M I T T E E .—The Board shall establ ish a risk management committee consisting of 5 members, headed by the chief risk officer, with participation from the chief loan origination officer. (b) A P P O I N T M E N T S .—A majority of the Board shall have the authority to appoint and rea ppoint the CRO of the Bank. (c) F U N C T I O N S ; D U T I E S .— (1) IN GENERAL.—The CRO shall have such functions, powers, and duties as may be pres cribed by one or more of the following: This Act, the bylaws of the Bank, and the Board. The CR O shall report directly to the Board. (2) RISK MANAGEMENT DUTIES.—In order to carry out the purposes of this Act, the ri sk management committee shall— (A) create overarching financial, credit, and operational risk management guidelines and pol icies to be adhered to by the Bank; (B) create conforming standards for loan agreements to ensure diversification of lending act ivities by— (i) geographic region, infrastructure project type, and inclusion of disadvantaged and rural c ommunities; and (ii) compliance with Federal and State laws referred to in section 213; (C) create specific plans for all financial assistance provided by the Bank, including subsidy programs for disadvantaged communities and project targeting for disadvantaged business enter prises covered by section 47113 of title 49, United States Code; (D) monitor overall financial, credit, and operational exposure of the Bank; (E) create a standing subcommittee to perform regular credit evaluations and report on large infrastructure loans extended by the Bank that monitor compliance with terms, and attainment of performance targets contained in loan agreements; and (F) provide financial recommendations to the Board for Board approval. (d) O T H E R R I S K M A N A G E M E N T O F F I C E R S .—The Board shall appoint, remove, fix the compensation, and define the duties of 4 other risk management officers to serve on the risk man agement committee. (e) Q U A L I F I C A T I O N S .—The CRO and other risk management officers shall have demonst rated experience and expertise in one or more of the following: (1) Treasury and asset and liability management. (2) Investment regulations. (3) Insurance. (4) Credit risk management and credit evaluations. (5) Infrastructure development projects. (f) V A C A N C Y .—A vacancy in the position of CRO and other risk management officers of t he risk management committee shall be filled in the manner in which the original appointment w as made. (g) C O M P E N S A T I O N .—The compensation of the CRO and other risk management officers of the risk management committee shall be determined by the Board. (h) R E M O V A L .—The CRO and other risk management officers of the risk management co mmittee may be removed at the discretion of a majority of the Board. (i) T E R M .—The CRO and other risk management officers of the risk management committ ee shall serve a 6-year term and may be reappointed in accordance with this section. (j) L I M I T A T I O N S .—The CRO and other risk management officers of the risk management committee shall not— (1) hold any other public office; (2) have any interest in an infrastructure project considered by the Board; (3) have any interest in an investment institution, commercial bank, or other entity seeking f inancial assistance for any infrastructure project from or investing in the Bank; and (4) have any such interest during the 2- year period beginning on the date such officer ceases to serve in such capacity. SEC. 210. AUDIT COMMITTEE. (a) I N G E N E R A L .—The Bank shall establish an audit committee consisting of 5 members, headed by the chief compliance officer of the Bank. (b) A P P O I N T M E N T S .—A majority of the Board shall have the authority to appoint and rea ppoint the CCO of the Bank. (c) F U N C T I O N S ; D U T I E S .—The CCO shall have such functions, powers, and duties as ma y be prescribed by this Act, the bylaws of the Bank, and the Board. The CCO shall report directl y to the Board. (d) A U D I T D U T I E S .—In order to carry out the purposes of the Bank under this Act, the au dit committee shall— (1) provide internal controls and internal auditing activities for the Bank; (2) maintain responsibility for the accounting activities of the Bank; (3) conduct internal investigations of the business activities of the Bank; (4) issue financial reports of the Bank; and (5) complete reports with outside auditors and public accountants appointed by the Board. (e) O T H E R A U D I T O F F I C E R S .—The Board shall appoint, remove, fix the compensation, and define the duties of 4 other audit officers to serve on the audit committee. (f) Q U A L I F I C A T I O N S .—The CCO and other audit officers shall have demonstrated experie nce and expertise in one or more of the following: (1) Internal auditing. (2) Internal investigations. (3) Accounting practices. (4) Financing practices. (g) V A C A N C Y .—A vacancy in the position of CCO and other audit officers of the audit co mmittee shall be filled in the manner in which the original appointment was made. (h) C O M P E N S A T I O N .—The compensation of the CCO and other audit officers of the audit committee shall be determined by the Board. (i) R E M O V A L .—The CCO and other audit officers of the audit committee may be removed at the discretion of a majority of the Board. (j) T E R M .—The CCO and other audit officers of the audit committee shall serve a 6- year term and may be reappointed in accordance with this section. (k) L I M I T A T I O N S .—The CCO and other audit officers of the audit committee shall not— (1) hold any other public office; (2) have any interest in an infrastructure project considered by the Board; (3) have any interest in an investment institution, commercial bank, or other entity seeking f inancial assistance for any infrastructure project from or investing in the Bank; and (4) have any such interest during the 2- year period beginning on the date such officer ceases to serve in such capacity. SEC. 211. PERSONNEL. (a) C O M P E N S A T I O N ; D U T I E S .—The chairperson of the Board, chief executive officer, ch ief risk officer, and chief compliance officer shall appoint, remove, fix the compensation of, and define the duties of such qualified personnel to serve under the Board, Executive Committee, risk management committee, or audit committee, as the case may be, as necessary and prescribed by this Act, the bylaws of the Bank, and the Board. (b) P A R T I C I P A T I O N B Y O T H E R A G E N C Y P E R S O N N E L .—Consideration of projects by the Executive Committee and the Board shall be conducted with personnel on detail to the Bank from United States Army Corps of Engineers, the Department of Transportation, the Department of Labor, the Department of Housing and Urban Development, the Environmental Protection Ag ency, the Department of the Treasury, the Department of Commerce, and other relevant departm ents and agencies from among individuals who are familiar with and experienced in the selection criteria for competitive projects. The Bank shall reimburse those departments and agencies for t he staff who are on detail to the Bank. SEC. 212. SPECIAL INSPECTOR GENERAL FOR THE NATIONAL INFRASTRUCTURE B ANK. (a) I N G E N E R A L .—Beginning on the date on which the President appoints a Special Inspe ctor General for the Bank (referred to in this Act as the “Special Inspector General”) under subse ction (b), there is established an Office of the Special Inspector General for the Bank. (b) A P P O I N T M E N T O F I N S P E C T O R G E N E R A L ; R E M O V A L .— (1) APPOINTMENT.—The Special Inspector General for the Bank shall be appointed by th e President, by and with the advice and consent of the Senate. (2) BASIS OF APPOINTMENT.—The appointment of the Special Inspector General shall be made on the basis of integrity and demonstrated ability in accounting, auditing, financial anal ysis, law, management analysis, public administration, or investigations. (3) TIMING OF NOMINATION.—The nomination of an individual as Special Inspector G eneral shall be made as soon as practicable after the date of enactment of this Act. (4) REMOVAL.—The Special Inspector General shall be removable from office in accorda nce with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) RULE OF CONSTRUCTION.—For purposes of section 7324 of title 5, United States C ode, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) RATE OF PAY.—The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay for an Inspector General under section 3(e) of the Inspector General Act of 1978 (5 U.S.C. App.). (c) D U T I E S .—The Special Inspector General shall— (1) conduct, supervise, and coordinate audits and investigations of the business activities of the Bank; (2) establish, maintain, and oversee such systems, procedures, and controls as the Special In spector General considers appropriate to discharge the duty under paragraph (1); and (3) carry out any other duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.). (d) P O W E R S A N D A U T H O R I T I E S .— (1) IN GENERAL.—In carrying out the duties specified in subsection (c), the Special Inspe ctor General shall have the authorities provided in section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (2) ADDITIONAL AUTHORITY.—The Special Inspector General shall carry out the dutie s specified in subsection (c)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.). (e) P E R S O N N E L , F A C I L I T I E S , A N D O T H E R R E S O U R C E S .— (1) ADDITIONAL OFFICERS.— (A) IN GENERAL.—The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector G eneral, subject to the provisions of title 5, United States Code, governing appointments in the co mpetitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) EMPLOYMENT AND COMPENSATION.—The Special Inspector General may exerc ise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (wi thout regard to subsection (a) of that section). (2) RETENTION OF SERVICES.—The Special Inspector General may obtain services as a uthorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivale nt rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) ABILITY TO CONTRACT FOR AUDITS, STUDIES, AND OTHER SERVICES.—T he Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payme nts as may be necessary to carry out the duties of the Special Inspector General. (4) REQUEST FOR INFORMATION.— (A) IN GENERAL.—Upon request of the Special Inspector General for information or assis tance from any department, agency, or other entity of the Federal Government, the head of that e ntity shall, insofar as is practicable and not in contravention of any existing law, furnish the infor mation or assistance to the Special Inspector General or an authorized designee. (B) REFUSAL TO COMPLY.—If information or assistance requested by the Special Inspe ctor General is, in the judgment of the Special Inspector General, unreasonably refused or not pr ovided, the Special Inspector General shall report the circumstances to the Secretary, without del ay. (f) R E P O R T S .— (1) ANNUAL REPORT.—Not later than 1 year after the date on which the Special Inspecto r General is confirmed, and every calendar year thereafter, the Special Inspector General shall su bmit to the President and appropriate committees of Congress a report summarizing the activities of the Special Inspector General during the previous 1- year period ending on the date on which such report is required. (2) PUBLIC DISCLOSURES.—Nothing in this subsection authorizes the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest o f national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. SEC. 213. STATUS AND APPLICABILITY OF CERTAIN FEDERAL AND STATE LAWS. (a) N A T I O N A L B A N K C H A R T E R .—As soon as practicable after being established, the Ba nk shall apply for a national bank charter. (b) C O M P L I A N C E W I T H D A V I S - B A C O N A C T .—All laborers and mechanics employed by contractors and subcontractors on infr astructure projects funded directly by or assisted in whole or in part by and through the Bank pur suant to this Act shall be paid wages at rates not less than those prevailing on projects of a charac ter similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. With respect to the labor standards spe cified in this section, the Secretary of Labor shall have the authority and functions set forth in Re organization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (c) C O M P L I A N C E W I T H P R O J E C T L A B O R A G R E E M E N T S .—In States in which project labor agreements are authorized or encouraged (in which contractors enter into binding, pre- hire agreements with labor unions in the construction industry), recipients of financial assistance made available under this Act must comply with such agreements (in accordance with subsection s (e) and (f) of section 8 of the National Labor Relations Act (29 U.S.C. 158) and Executive Ord er 13502). In States in which project labor agreements are prohibited by law to be required for a project, projects financed by the Bank pursuant to the Act shall permit voluntary collective barga ining of such agreements. (d) C O M P L I A N C E W I T H C I V I L R I G H T S A C T O F 1 9 6 4 .—The Bank, along with contra ctors and subcontractors on infrastructure projects funded directly by, or assisted in whole or in p art by the Bank, shall comply with title VI of the Civil Rights Act of 1964 as to hiring and award ing contracts to build projects. (e) B U Y A M E R I C A .—None of the financing provided by the Bank may be used for an infr astructure project unless all of the iron, steel, cement, and manufactured goods used in constructi on, alteration, maintenance, repair, or equipping of the project are produced within the United St ates. During the application process for a loan under this Act, a request for a waiver to the requir ements of the preceding sentence by reason of the public interest, or on account of unavailability or unsatisfactory quality of domestically produced goods, can be considered only if there is clear demonstration that jobs in the United States would not be lost due to the waiver. (f) C O M P L I A N C E W I T H A P P L I C A B L E F E D E R A L L A W .—Projects receiving financial as sistance from the Bank shall comply with applicable provisions of Federal law and regulation, in cluding— (1) for transit, requirements that would apply to a project receiving funding under section 53 07 or 47113 of title 49, United States Code; (2) for public housing, requirements that would apply to a project receiving funding from a grant under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v); (3) for publicly assisted affordable housing, requirements that would apply to the preservati on of such housing under other provisions of law governing such housing; (4) for roads and bridges, requirements that would apply to a project that receives funds und er section 104(b)(3) of title 23, United States Code, or section 47113 of title 49, United States Co de, and meets the goals under section 150(b) of title 23, United States Code; (5) for freight and passenger rail projects, requirements that would apply to a project that re ceives funds under subtitle V of title 49, United States Code; (6) for airport and air traffic control projects, requirements that would apply to a project that receives funds under chapters 471 and 501 of title 49, United States Code, or section 47113 of s uch title; (7) for water, requirements that would apply to a project grant or loan under— (A) section 103 of the Housing and Community Development Act of 1974 (42 U.S.C. 5303) ; (B) section 1452 of the Public Health Service Act (42 U.S.C. 300j–12); or (C) section 601 of the Federal Water Pollution Control Act (33 U.S.C. 1381), as that section applied before the beginning of fiscal year 1995; and (8) for rural development projects, requirements that would apply to a project financed by a ny of the following programs of the Department of Agriculture: (A) Rural Economic Development Loans & Grants. (B) Community Facilities Direct Loans & Grants. (C) Single- and Multi-Family Housing Repair and Rental Assistance Loans & Grants. (D) Electric Infrastructure Loans & Loan Guarantees. (E) Rural Broadband Access, and Telecommunications Infrastructure Loans & Guarantees. (F) Water & Waste Disposal Loans & Grants. (g) A U T H O R I T Y T O D E T E R M I N E F U N D I N G .—Notwithstanding any other provision of l aw, the Bank shall determine the appropriate Federal share of funds, subject to loan approval by t he Bank, and the availability of such Federal funding, for each project described in subsection (f) for purposes of this title. (h) S T A T E A N D L O C A L P E R M I T R E Q U I R E M E N T S .—The provision of assistance by the Board in accordance with this Act shall not be deemed to relieve any recipient of assistance or th e related infrastructure project of any obligation to obtain required State and local permits and ap provals. SEC. 214. EXEMPTION FROM CERTAIN LAWS. (a) N O B U D G E T A U T H O R I T Y F O R C O N T R A C T S O R L O A N S .— Section 504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) requiring prior budg et authority shall not apply to any contract or loan under this Act. (b) N O P R I O R I T Y A S A F E D E R A L C L A I M .—The priority established in favor of the Un ited States by section 3713 of title 31, United States Code, shall not apply with respect to any ind ebtedness of the Bank. SEC. 215. AUDITS; REPORTS TO PRESIDENT AND CONGRESS. (a) A C C O U N T I N G .—The books of account of the Bank shall be maintained in accordance with generally accepted accounting principles as used in the United States, and shall be subject to an annual audit by independent public accountants appointed by the Board and of nationally rec ognized standing. (b) R E P O R T S .— (1) BOARD.—The Board shall submit to the President and Congress, within 90 days after t he last day of each fiscal year, a complete and detailed report with respect to the preceding fiscal year, setting forth— (A) a summary of the Bank’s operations, for such preceding fiscal year; (B) a schedule of the Bank’s obligations outstanding at the end of such preceding fiscal year , with a statement of the amounts issued and redeemed or paid during such preceding fiscal year; and (C) the status of infrastructure projects receiving funding or other assistance pursuant to this Act, including disclosure of all entities with a development, ownership, or operational interest in such projects. (2) GAO.—Not later than 5 years after the date of enactment of this Act, the Comptroller G eneral of the United States shall submit to Congress a report evaluating activities of the Bank for the fiscal years covered by the report that includes an assessment of the impact and benefits of ea ch funded infrastructure project, including a review of how effectively each project accomplishe d the goals prioritized by the Bank’s project criteria. (c) B O O K S A N D R E C O R D S .— (1) IN GENERAL.—The Bank shall maintain adequate books and records to support the fin ancial transactions of the Bank with a description of financial transactions and infrastructure proj ects receiving funding, and the amount of funding for each project maintained on a publicly acce ssible database. (2) PUBLIC COMMENT PERIOD.—The Bank shall post infrastructure financing agreeme nts on the database providing 30 days for public comments before providing final financing for t he infrastructure project. (3) AUDITS BY THE SECRETARY AND GAO.—The books and records of the Bank shal l be open to inspection by the Secretary and the Comptroller General of the United States. SEC. 216. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You- Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prio r to the vote on passage. SEC. 217. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $50,000,000 for each of fiscal years 2021 and 2022 for the initial organization of the Bank, and its Directors and staff. Council Member Anane introduced the following: RESOLUTION NUMBER 84.111.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY URGING ALBANY COUNTY TO BANK WITH BANKS THAT INVEST WITH THE COUNTY AND WORK TO REVERSE LONGTIME SYMPTOMS OF RACISM AND REDLINING WHEREAS, City Treasurer Darius Shahinfar has issued a Request for Proposal (RFP) for the City of Albany’s banking and depositary services; and WHEREAS, the RFP includes a “community commitment” as 30% of its scoring for the selection process that asks how the banks or credit unions has invested in the city and worked to reverse longtime symptoms of racism and redlining; and WHEREAS, the RFP further requests that banks and credit unions provide a narrative with specific examples of how financial institutions have demonstrated a commitment to investment and reinvestment in Albany, including:  Addresses of retail branches staffed with people, ATM-only branches and corporate offices or other facilities in the city.  Number and total value of home loans provided by the institution within the city.  Number and total value of small business loans provided by the institution within the city  Steps the financial institution has taken to dismantle the effects of systemic racism, including remedying the effect of redlining in the city of Albany.  Community reinvestment activity within the city, as well as the institution’s reinvestment goals for Albany over the next five years; and WHEREAS, in the early 20th century, Albany's downtown areas (Arbor Hill, South End, Livingston Ave) were redlined by banks – a process by which banks would decline to issue mortgages for purchases of homes (See 1938 Home Owners Loan Corporation map); and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany urges Albany County to bank with banks that invest with the county and work to reverse longtime symptoms of racism and redlining. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: October 21, 2021 SPONSOR Council Member Anane RESOLUTION NUMBER 84.111.21R TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY URGING ALBANY COUNTY TO BANK WITH BANKS THAT INVEST WITH THE COUNTY AND WORK TO REVERSE LONGTIME SYMPTOMS OF RACISM AND REDLINING GENERAL PURPOSE OF LEGISLATION URGING ALBANY COUNTY TO BANK WITH BANKS THAT INVEST WITH THE COUNTY AND WORK TO REVERSE LONGTIME SYMPTOMS OF RACISM AND REDLINING FISCAL IMPACT(S) None. DEPARTMENT OF PLANNING & DEVELOPMENT Memo To: City of Albany Common Council Planning, Economic Development & Land Use Committee From: Staff, Department of Planning & Development Re: Summary of proposed changes to the Unified Sustainable Development Ordinance proposed following the initial evaluation period established upon adoption Date: October 24, 2021 The following memorandum represents a compendium of changes resulting from a comprehensive review of the City’s Unified Sustainable Development Ordinance (USDO). The USDO is the principal ordinance controlling land development within the City of Albany. It was adopted May 15, 2017 (effective June 1, 2017) as the first comprehensive update of said regulations in 24 years and the first comprehensive rewrite in 49 years. The proposed changes are the result of a roughly seven-month review of the USDO occurring between March and October 2021. Planning Department staff worked closely with the Common Council’s Planning, Economic Development and Land Use Committee over the course of approximately 15 meetings to review content, solicit feedback and develop solutions to identified code deficiencies and ambiguities. The result is a more concise and user-friendly code document that provides enhanced transparency for critical decisions affecting interpretation and development. The following summary of proposed changes is ordered sequentially by article and section. General replacement of terms. Certain words, terms and phases have been replaced throughout the USDO to encourage consistency in the applications of the ordinance and/or to align with stated terms and definitions in § 375-602 (Definitions). The following are examples of terms have been generally replaced but remain in some unique circumstances: Existing Term or Phase Proposed Term or Phrase Back yard Rear yard Conditional use approval Conditional use permit Curb cut Right-of-way access Development or redevelopment Development Establishment Use Family Unit or Household Floor Story 1 Floor area Gross floor area Frontage street Primary street Greatest degree practicable Maximum extent practicable His or her They Nonconforming Legally nonconforming Planning Office Chief Planning Official Primary place of residence Primary residence Primary structure Principal structure Residence Dwelling Zone district Zoning district ARTICLE I. GENERAL PROVISIONS. § 375-102. Purpose.  The purpose statement has been modified to speak to the equal protection and preservation of all neighborhoods and the promotion of racial and ethnic equity throughout. § 375-105. Effective date and transition.  This section has been revised for clarity. § 375-107. Interpretation.  The statement that an applicant may request a formal written interpretation of the USDO from the Board of Zoning Appeals has been removed in deference to the general process establishing the Chief Planning Official as the principal interpreter of ambiguous provisions within the USDO, with decisions of the Chief Planning Official being subject to an administrative appeal to the Board of Zoning Appeals. This clarification helps to articulate the general distinction between an interpretation and an administrative appeal. These changes, along with 375-505(19) also establish a clear process for notification of proposed interpretations to the Common Council and interested parties, and an opportunity to provide input into those proposed decisions ARTICLE II. ZONING DISTRICTS. § 375-203. Residential districts; § 375-204 Mixed-use districts; § 375-205 Special purpose districts.  New color and context-sensitive concept graphics have been added for each zoning district, including the form-based districts.  District purpose statements are the subject of minor revisions intended to clarify general intent and better distinguish the mixed-use zoning districts. 2  Generic tabled references to other standards within the USDO have been removed from the individual district standards as unnecessary and lacking general utility commensurate with the among of page space dedicated to these references.  Dimensional standards, tables, and references have been removed from the individual zoning district sections. This was done in deference to the consolidated Dimensional Standards Summary Tables located in §375-401 acting as the principal repository of this content. Accompanying axonometric images have also been removed with the intent of replacing these exhibits more generally in future iterations of the USDO.  District standards sections currently accompanying each zoning district have been relocated to various alternate locations within the USDO. In many cases, these standards now appear as footnotes within the Permitted Use Table in § 375-302 and the Dimensional Standards Summary Tables in § 375-401(3). Some content has been edited for clarity or simplicity in conjunction with its relocation. § 375-206. Overlay districts. (1) HR-O Historic Resources Overlay.  Address listings for historic districts and landmark properties have been reviewed for accuracy and updated where necessary for clarification.  Regulatory provisions have been updated to include reference to required reviews for additions to existing buildings within the HR-O.  Repainting of a masonry façade will no longer require a Certificate of Appropriateness; however, painting of unpainted brick continues to be discouraged and only allowed pursuant to Certificate of Appropriateness approval by the Historic Resources Commission.  Awnings are no longer discouraged and recognized are appropriate for buildings of certain styles or eras. (2) AR-O Archaeological Resources Overlay.  Procedures for archaeological reviews have been reworked and revised for clarity and application. The general tenets of where and when Cultural Resources Investigations are required remain the same.  The Washington Avenue Archaeological Review District, previously constituted as the Washington Avenue Historic District, has been added to the listing of archaeological districts. The principal features of this district are the last intact remains of the first railroad in New York State (Mohawk & Hudson Railroad ) and the 1851 brick arch conduit that previously served Six Mile Waterworks. (3) FP-O Floodplain Overlay  Definitions specific to the Floodplain Overlay guidelines have been moved here from § 375-602 (Definitions). These definitions and terms were previously listed in § 375-602 with the caveat language that they were only applicable to the FP-O. 3 (4) CS-O Combined Sewer Overlay  Storm water management requirements for small lots under 0.25 acres in size have been removed. These were too onerous for small applicants and from a regulatory perspective to justify the relatively small benefit. The USDO continues to require a Storm Water Pollution Prevention Plan for all land disturbances greater than 0.25 acres, which is well below the New York State threshold of 1 acre. (6) NK-O Normans Kill Overlay.  Language establishing the threshold for application review has been simplified. (7) AC-O Albany-Colonie Intermunicipal Overlay  Definitions specific to this section have been moved here from § 375-602 (Definitions). These definitions and terms were previously listed in § 375-602 with the caveat language that they were only applicable to the AC-O. ARTICLE III. USE REGULATIONS. § 375-301. General.  Content speaking to allowances for preexisting conditional uses has been moved to § 375-506. (Preexisting development and nonconformities), where it now accompanies content pertaining to other preexisting developments and nonconforming uses.  The allowance for accessory uses in the MU-CI and I-1 zoning districts to be located on a lot other than the lot having the principal use or structure has been removed. An exception for satellite dishes has also been removed.  The “V” (Vacant use) designation has been discontinued due to a general lack of utility and in deference to other existing provisions that accommodate the reuse of existing structures and unique building types.  A prohibition on multiple principal uses being located on a site/lot in a residential district has been removed in recognition of the fact that mixed-use, civic and other building types that suit a mix of uses practically exist within many designated residential zoning districts.  The procedure for making unlisted use determinations has been enhanced to clarify the means by which the Chief Planning Official is required to substantiate such a determination and to allow for greater public input and transparency of the process. The process now delineates procedures for public notice of determinations and a process for appeals.  A general reference has been added underscoring the need for uses to obtain applicable licenses and permits at all levels of government in order to remain in compliance with the USDO.  Expanded the list of prohibited uses to include pawn shops. § 375-302. Permitted Use Table. 4  A number of footnote references have been added to the Permitted Use Table in the hopes of making the table more transparent for users. Currently, a number of use allowances and restrictions exist outside of the Permitted Use Table and are poorly referenced, sometimes resulting in oversight and confusion. Most of the footnote references are comprised of content currently located in the district standards of Article II (Zoning Districts) and the individual use listings in § 375- 301 (Use-Specific Standards). These help to reinforce within the table where a use may or may not be allowed under certain explicit conditions or circumstances.  Added a new use category Dwelling, three-unit detached in an effort to standardize the use Dwelling, multi-unit to include all attached (townhouse) or detached buildings having four or more dwelling units. The current application is three or more units for a detached dwelling and four or more units for a townhouse dwelling.  Added new use categories and permissions for Beauty salon, spa or barber shop (from current use Personal or business service), and Laboratory or research facility, Medical clinic and Professional Office (from current use Office). Although a general consolidation of uses and terms is supported by the USDO, these distinctions are intended to help better distinguish particular impacts of sub- categorizations of the more broadly encompassing and generically used categorization, similar to the existing variations within the retail use category.  Uses and permission allowances have been bifurcated where distinct impacts of the two uses have been identified: Dispatch service and Freight truck terminal; Light vehicle sales or rental and Light vehicle servicing, Funeral home and Crematorium; Telecommunications antenna as an accessory use and Satellite dish.  The use Blood plasma center has been relocated from the list of uses categorized under the Retail group heading to reside with those under the Office and Services group heading.  Use allowances have been added changed or removed, as follows: Use Category Dwelling, single-unit detached Added as a permitted use in the MU-FC district Dwelling, two-unit detached Added as a permitted use in the MU-FC district Dormitory Changed from a permitted use to a conditional use in the R-V, MU- CH, MU-CI and MU-FC districts Hospital Changed from a permitted use to a conditional use in the MU-CH, MU-DT and MU-CI districts Police or fire station Added as conditionally permitted use the R-1L, R-1M, R-2 and R-T districts, and changed from permitted to conditionally permitted in the R-M, R-V and LC districts Bar or tavern Added as a permitted use in the I-1 district Restaurant Added as a permitted use in the I-1 district Automobile wash Changed from a permitted use to a conditional use in the MU-CH district and from an accessory use to a conditional use in the MU-CI district. Removed as an accessory use in the MU-DT district and as a conditional use in the MU-FC district. Vehicle fueling station Removed as a permitted or conditional use in the MU-NC, MU-CU, MU-CH, MU-CI, MU-FW, MU-FC, MU-FS, MU-FM, I-1 and I-2 districts. Added as an accessory use in the MU-CI, MU-FW, I-1 and I-2 districts. 5 Self-storage facility Removed as conditional use in the MU-CU, MU-DT, MU-CI, MU-FC, MU-FS and MU-FM districts. Artisan manufacturing Added as a conditional use in the MU-NE district. Recycling drop-off center Changed from a conditional use to an accessory use in the MU-CU and MU-CH districts. Drive-in or drive-through facility Removed as an allowable accessory use in the MU-DT, MU-FW, MU- FC and MU-FS districts.  Several accessory and temporary use allowances have been broadened to provide a general allowance in all districts where applicable use specific standards have been met, including: Cabaret, Composting of household waste, Electric vehicle charging station, Home occupation, Rain barrel, Sidewalk or outdoor café, and Farmer’s market. § 375-303. Use-Specific Standards.  Use specific standards listings have been added for all new uses included in § 375-302 (Permitted Use Table).  Limits maximum sign size allowances (2 SF) for live-work uses to apply only in residential zoning districts.  Relocates preexisting use language for multi-unit dwellings to § 375-506. (Preexisting development and nonconformities).  A standard has been added requiring that all Cemetery uses meet the Green Burial Council’s standards for natural or conservational burial grounds.  A standard has been added requiring that all Club uses provide a copy of the Club charter and a list of all dues-paying members to remain on file with the City.  Use-specific standards for Telecommunication towers and Tower structures, other have been consolidated under Towers. The text has been reworded and simplified, where appropriate, and content pertaining to obsolete towers has been moved to § 375-410 (Operating and maintenance).  Use specific standards for marijuana dispensaries has been redirected to established areas of New York State law in recognition of the adoption of the Marijuana Regulation and Taxation Act.  Use specific standards for Parking lot, surface have been updated in acknowledgement of the passage of Ordinance 11.61.20.  A prohibition on greenhouses in residential districts has been removed from the use-specific standards for the Agriculture, urban use.  Removed criteria establishing the width of a street as a consideration in the location of an Automobile wash use.  Use specific standards for Parking structure now include listings relocated from the former district standards sections in Article II, including the restriction that a parking structure not be located within 50 feet of an R-1L, R-1M, R-2, or R-T zoning district. 6  A maximum right-of-way width allowance contained within the use specific standards for Vehicle fueling station has been removed in deference to a general consolidation of right-of-way access allowances in § 375-403 (Access, circulation, and connectivity).  Removes exceptions allowing certain items being stored in conjunction with a Self-storage facility use to be located outside of an enclosed building.  Use specific standards imposing limitations on storage container capacity for Storage and wholesale distribution uses have been removed.  Removed introductory language in section pertaining to Day-care home uses implying that the standards for said use only apply in residential and mixed-use districts.  Use specific standards for Satellite dish and Telecommunications antenna as an accessory use have been bifurcated and substantially revised for clarity of application.  The requirement for a Swimming pool to be located in a rear yard has been qualified to only apply in the case of a swimming pool located external to a building or structure.  The allowance for a Mobile vendor to be located on a vacant lot has been clarified as a lot that has remained in an undeveloped condition for a period in excess of two years.  A new section (7) has been created to house standards for the conversion of residential buildings to increase the number of dwelling units. This content was previously located in the district standards sections (now removed) for the R-2, R-T and R-M districts, as well as the use-specific standards for Dwelling, two-family detached. The language had been substantially reworked with an intent of applying the same general principles. With respect to conversions of townhouse dwellings, new standards pertaining to provisions for trash storage and a reclarification of the percentage that a building story must be above the finished grade along the street frontage to be occupied with a dwelling unit. ARTICLE IV. DEVELOPMENT STANDARDS. § 375-401 Dimensional standards.  Introductory passages concerning encroachments and the number of allowable principal structures on a lot have been moved from the applicability section to the general standards. (3) Dimensional Standards Summary Tables.  A new dimensional standard, building height, maximum (feet), has been added to the Dimensional Standards Summary Tables to complement the existing building height standard, now building height, maximum (stories). Both standards will now apply, with the lesser of the two taking precedence.  The maximum allowable building height for the MU-NC zoning district has been decreased from 3.5 stories to 3 stories. A footnoted exception has been added for circumstances where an MU-NC 7 zoned site or property abuts adjacent properties that are zoned within districts where height allowances are 3.5 stories or greater, in which case the allowable height may be increased to the equivalent of 4 stories.  Building “step-back” or “step-down” requirements have been introduced in the footnotes of the Dimensional Standards Summary Tables that require a reduction in the height for portions of buildings exceeding 3 stories where they are located within a certain proximity of a given zoning district. Portions of buildings within 100 feet of an R-1L or R-1M district zone boundary must not exceed 3 stories or 40 feet, and portions of buildings within 25 feet of an R-2 zoning district must meet a similar standard. For the I-2 General Industrial district, this regulation applies within 100 feet of any residential zoning district.  Contextual dimensional requirements for infill development and applicable in areas with variable setbacks have been incorporated as footnotes in the Dimensional Standards Summary Tables. The language has been slightly modified for clarity of application, and a requirement for variable lot widths has been limited to a minimum where both a minimum and maximum was previously applied. (4) District Plans.  A new section for content establishing the regulatory principles of District Plans has been established here, incorporating and consolidating prior references and passages that exist with the District Standards sections of Article II. This consolidation eliminates much of the redundancy that had been present in the prior listings. (5) Incentives and affordable housing requirements.  The Low-impact Development incentive has been removed in its entirety. This incentive allowed for a building height increase in instances where buildings incorporate a green roof design. Green roofs are already favorably credited towards impervious lot coverage allowances and are being encouraged as a matter of practice in storm water management design, lessening the need for this additional incentive allowance. (6) Encroachments and exceptions.  The table communicating content on allowable encroachments has been reformulated for the reader with no demonstrable change in content. § 375-402. Form-based zoning standards.  Design requirements for primary building entrances, façade transparency and liner building configurations have been removed from their specific application in form-based zoning districts and will now be employed generally in all zone districts, having been relocated to § 375-407 (Building and streetscape design).  Frontage standard headings and table configurations have been formatted to read and appear more consistently with the Dimensional Standards Summary Tables in § 375-401 (Dimensional standards). § 375-403. Access, circulation, and connectivity. 8  Content has been substantially reordered throughout this section and is now ordered as follows: (1) Purpose, (2) Applicability, (3) Compliance with other standards, (4) Form-based district street hierarchy, (5) Sidewalks and amenities required, (6) Right-of-way access, (7) Site circulation and connectivity, (8) Traffic study.  Content pertaining to standards that are applicable during the subdivision of land has been moved to § 375-404 (Subdivision of land).  Subsection (5) consolidates content relating to requirements for sidewalks and amenities, previously dispersed throughout several sections of the USDO. An allowance for a shared use path to be provided, in lieu of a sidewalk and at the discretion of the Chief Planning Official, has also been added.  Allowable right-of-way access widths have been incorporated into a new table in subsection (6) (Right-of-way access) and an accommodation has been added for wider access driveways in case they need be designed to accommodate multiple-axle vehicles.  Content speaking to circumstances and requirements for a traffic study have been moved here from § 375-405 (Parking and loading) and incorporated a new Subsection (8) (Traffic study). This acknowledges the importance of access management considerations in the context of a traffic study and circumstances where parking may not be the sole or predominant consideration driving the need for such a study. § 375-404. Subdivision of land.  Content has been substantially reordered throughout this section and is now ordered as follows: (1) Applicability, (2) General standards, (3) Land analysis map, (4) Avoidance of sensitive areas, (5) Lots and blocks, (6) Design of Streets, alleys and sidewalks, (7) Natural an open space areas, (8) Residential cluster subdivision, (9) Utilities and infrastructure.  Subsection (6) (Design of Streets, alleys and sidewalks) incorporates content relocated from § 375- 403 (Access, circulation, and connectivity) and § 375-407 (Building and streetscape design). § 375-405. Parking and loading.  Content has been substantially reordered throughout this section and is now ordered as follows: (1) General, (2) Off-street parking requirement, (3) Off-street loading requirement, (4) Bicycle parking requirement, (5) Parking layout and design, (6) Design and use of off-street loading areas, (7) Drive- through vehicle stacking standards, (8) Bicycle parking design standards.  The table containing minimum off-street parking requirements has been reformulated as Table 375.405.1 (Minimum and Maximum Off-Street Parking) to include maximum parking requirements (calculated at 115% of minimum requirements). Bicycle parking requirements have been separated from vehicular parking requirements and provided with their own Table 375.405.5 (Minimum Required Bicycle Parking). Requirements have been added for new use categories included in § 375- 302 (Permitted Use Table).  The parking alternatives and adjustments provisions have been adjusted to qualify the proximity to transit adjustment allowance, allow for the on-street parking credit adjustment in all zoning districts, and to reformulate the shared parking reduction table. 9  Parking lot landscaping and screening requirements have been relocated from § 375-406 (Landscaping, screening and buffering) and incorporated in subsection (5) (Parking layout and design). § 375-406. Landscaping, screening and buffering.  Subsections (2) (Applicability), (4) (Street trees and lot frontage landscaping) (5) (Side and rear lot line buffers) and (8) (Walls and fences) have been substantially reworked for clarity and simplicity with minor changes to the resulting content.  The vegetative coverage requirement in § 375-406(3)(e) has been revised to more clearly articulate the scope of application and to provide more specific exemptions in lieu of language speaking to its application to the maximum extent practicable.  The low-impact development/stormwater treatment provision in § 375-406(3)(g) has been removed as impracticable due to the inability of many Albany hard clay soils to effectively infiltrate groundwater. This does not impact the requirements of subsection (12) (Stormwater management) but allows for greater flexibility in the storm water management practices that may be used to comply.  The allowable height of fences or walls to be located in corner side yards has been increased from four to six feet and the maximum opacity requirement removed. Fences or walls in these location must meet vision clearances requirements for sightlines at corner intersections and where adjacent to private driveways or right-of-way access locations. § 375-407. Building and streetscape design.  A new subsection (3) (Existing building standards) has been created to summarize content regulating alterations to existing buildings not located in the Historic Resources Overlay, in an attempt to distinguish this content from design standards applicable to new buildings. These sections are currently conflated, making application of the provisions cumbersome. The new subsection (3) incorporates content from the district standards in Article II regulating design consideration for the conversion of a residential structure to nonresidential use.  Design requirements for primary entrances, ground level building treatment, façade transparency, nonresidential use frontage requirements, and liner building configurations have been moved here from § 375-402 (Form-based zoning standards) and the district standards in Article II (Zoning districts), and are included in subsection (5) (Building design standards), with some being applied more broadly than under the current USDO.  Former subsection (5) (Streetscape standards) has been moved to § 375-404 (Subdivision of land). § 375-408. Outdoor lighting.  Content in this section has been reorganized with minimal change. 10 § 375-409. Signs.  Signage allowances in Table 375.409.1 (Type, Size, and Locations of Signs) have been revised to allow signage allowances per shopfront in recognition of multi-tenanted shopfront properties. Currently the application is applied per street frontage. A corresponding definition of shopfront has been added in § 375-602 (Definitions).  The allowance for freestanding poles signs has been removed in favor of monument and post-and- panel signs. Poles signs remain allowed in the case of off-premises signage (billboards).  Former subsection (6) (Special on premises sign program) has been removed due to inequity and complexity of administration. § 375-410. Operating and maintenance.  Content regulating hours of operation for businesses has been relocated from the Article II (Zoning districts) district standards and consolidated here, in new subsection (2) (Hours of Operation). Hours of operation for parking lot lighting has also been relocated here from § 375-408 (Outdoor lighting).  Content regulating obsolete, unsafe and unsecure signs, and obsolete tower structures and antennas, has been relocated here from § 375-409 (Signs) and § 375-303 (Use-Specific Standards), respectively. ARTICLE V. ADMINISTRATION AND ENFORCEMENT. § 375-502 Procedure Summary Chart.  Table 375.502.1 (Summary of Development Review Procedures) has been reordered based upon the recategorization of procedures into pre-development procedures, development review procedures, permit procedures and policy decisions.  The “Zoning clearance” procedure has been reconstituted and incorporated as a part of the administrative procedures for the review of building and sign permits. This is reflected in the addition of the Chief Planning Official as a reviewing authority in Table 375.502.1 (Summary of Development Review Procedures). An accompanying footnote denotes that issuance of a building or sign permit may require a zoning clearance. Procedural text has been incorporated into the building permit procedure in § 375-505 (Specific procedures).  The Stormwater, Grading and Erosion Permit has not come to fruition in practice. Therefore, the procedures have been revised in deference to the existing Grading Permit procedure. The Stormwater Management Officer has become a reviewing authority and the City Engineer the party responsible for making a decision on a Grading Permit.  The decision-making role for a Right-of-way Access Permit (formerly Curb Cut Permit) has been assigned to the Commissioner of General Services in consistency with current practice. The City Engineer has been reclassified as a reviewing authority. 11  The Commissioner of General Services has been added as a reviewing authority for development plan review, subdivision of land, district plan approval, and revocable right-of-way privilege.  The Stormwater Management Officer has been added as a reviewing authority for development plan review, subdivision of land, district plan approval, and floodplain development permit.  The City Engineer has been added as a reviewing authority for development plan review and district plan approval, and removed as a reviewing authority for a revocable street privilege. § 375-504 General procedures.  Entities qualifying to submit an application under the USDO have been broadened to include the Chief Planning Official, Board of Zoning Appeals, Historic Resources Commission and a single member of the Common Council. § 375-505 Specific procedures.  This section has been reordered to align with the new ordering of listed procedures in Table 375.502.1 (Summary of Development Review Procedures).  Development permit has been reconstituted as Project review determination signifying that this does not authorize any development but instead conveys the steps needed to undertake a particular development.  The ability to employ a District plan has been limited to civic and institutional campuses owned or operated by a single or related entity or institution and occupying 10 or more acres of contiguous land area.  The Revocable sidewalk privilege has been reconstituted as the Revocable right-of-way privilege signifying that this process may involve areas of public property beyond those areas traditionally known to be sidewalks.  Curb cut permit has been reconstituted as Right-of-way access permit signifying that this process includes the review of access locations in areas where curbing may not be present.  Procedures and applicability thresholds for Development plan reviews (major and minor) and Certificates of Appropriateness (major and minor) have been consolidated due to similarities in the procedures.  Thresholds for Development plan review have been revised to better align with the terms defined in § 375-602 (Definitions).  An additional major Development plan review threshold has been added as an additional layer of protection for projects involving new construction in previously platted cluster subdivisions.  Application thresholds for projects requiring Development plan review have been adjusted for conversions of nonresidential buildings, from 5 to 20 for minor review, and from 21 to 50 for major review. 12  Minor Development plan review requirements for the demolition of accessory structures and the no longer extant special sign program have been removed.  Procedures for consolidating and adjusting lots, and minor subdivisions have been consolidated into the new Lot modification procedure. This is similar to the procedure that was in place prior to the adoption of the USDO. Individual types of modification procedures (consolidation, boundary adjustment and minor subdivision) are not distinct enough to merit separate procedures.  The Tree and Vegetation Permit procedure has been removed. This procedure does not exist in practice and reference to the process is misleading.  The process Designation of a historic landmark or historic district has been broadened to encompass designation of archaeological districts.  A new procedure has been added for an Interpretation that outlines the process for resolving matters of conflict or ambiguity within the text of the USDO of the Official Zoning Map. The Chief Planning Official is charged with interpretation of the USOD pursuant to § 375-107 § 375-506 Preexisting development and nonconformities.  Introductory passages within this section have been revised and reconstituted for the clarity of the code user.  A new section (2) has been added setting forth regulations for uses deemed to have a conditional use permit as a result of their existence prior to the adoption of the USDO, incorporating existing content that has been moved here from Article III (Use Regulations).  A provision that had allowed a legally nonconforming use to expand within a building it occupies has been removed.  A new section (8) has been added to clarify the process resulting in the determination of a legally nonconforming use, articulating the procedure, evidentiary considerations, notice provisions and means for a determination. ARTICLE V. RULES OF CONSTRUCTION, DEFINITIONS. § 375-602 Definitions.  Where the only function of a definition is to redirect the user elsewhere within the USDO, it has in most cases been removed.  Some descriptive architectural and construction terms, such as Substantial improvement, Character and Primary façade, have had their applicability broadened beyond their previously narrow scope of application.  Definitions have been added in conjunction with addition of new use categories to the § 375-302 (Permitted Use Table), such as Beauty Salon, spa or barber shop, Laboratory or research facility, Medical clinic, and Professional office. 13  Definitions unique to the FP-O (Floodplain Overlay) and the AC-O (Albany-Colonie Intermunicipal Overlay) have been moved to those respective sections in § 375-206 (Overlay districts).  The following definitions have been added with the intent of enhancing interpretation and administration: Abandon; Active recreation space; Addition; Archaeological district; Arterial street; Articulation; Barber shop; Beauty salon or spa; Block; Building, attached; Building, detached; Building, semidetached; Building envelope; Building footprint; Building mass; Building materials; Change of use; Collector street; Contributing structure; Conversion; Crematorium; Cul-de-sac; Cultural resources investigation; Developable lot; Dispatch service; Disturbance; Dwelling, three-unit detached; Easement; Encroachment; Enlargement; Façade; Fenestration; Fixture; Freight truck terminal; Funeral home; Glare; Height, sign; Historic structure contributing; Interior lot; Internal renovations; Laboratory or research facility; Light vehicle servicing; Liner building; Lot; Lot of record; Medical clinic; Mixed-use; Nonresidential use; Outdoor storage; Passive recreation space; Paved; Private street; Porch; Public street; Rehabilitation; Rhythm; Scale; Shopfront; Sight triangle; Off- premises sign; Solar farm; Stoop; Street furniture; Street tree; Streetscape; Structural alteration; Through lot; Trailer; Travel trailer; Undeveloped lot; Vehicle sales or rental. ADDITIONAL ITEMS FOR FUTURE CONSIDERATION Accessory dwelling units. An accessory dwelling units is a small, independent residential unit located on the same lots as a single- unit dwelling, often detached from or sometimes within or attached to the principal dwelling, and are comprised of a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and sanitation facilities. These can be a source of affordable housing in otherwise exclusive residential areas and may also help reduce the financial burden of homeownership. ADUs can also be accommodating of residential caretakers, independent family members or aging in place. The code review did not reach a consensus on conditions for permitting Accessory Dwelling Units. Affordable housing and inclusionary zoning. Testimony was raised that the current set aside provision for the inclusion of a percentage of affordable housing units in large new construction projects should be reevaluated. Evaluation of the program involves consideration of its many facets, such as establishing the appropriate income levels (AMI) at which the units should rent, the percentage of units that should be set aside at the various income ranges, and the scale of development to which the requirement should be applied. Perhaps more importantly, effective implementation, regulation and enforcement dependent upon designated staff resources and will be critical to the success of any program. Cannabis regulation. Although the code update removes references to the strictly medical allowances under the current code provisions, a fuller discussion of where and under what conditions recreational dispensaries, grow operations and lounges should be permitted is warranted given the passage of the Marijuana Regulation and Taxation Act. Form-based districts. 14 Few changes were made to § 375-402 (Form-based zoning standards) and the districts it regulates. A remaking of these districts was conceptualized to involve the creation of new districts from each of the frontage types - Mixed-Use Core, Walkable Center, Neighborhood General, Connected Edge, Waterfront Edge, and Industrial Warehouse – commonly assigned to the four existing form-based districts. These new zoning districts based upon frontage type could be more broadly distributed beyond the confines of the existing form-based areas and provide more zoning district options for the City as a whole. The work required to accomplish this task could not be completed within the time allocated to this review. Land conservation and parks. The Land Conservation (LC) zoning district currently encompasses City parks, open spaces and those undeveloped lands that are either publicly owned or dedicated for conservation. This review identified that many active uses that may occur within City parks and other dynamically oriented open spaces are poorly served by the Land conservation zoning district permitted use allowances and dimensional standards. The creation of a new district for active and passive use public spaces should be considered. Regulations for community gardens and urban agriculture should also be revisited. Short-term rentals. Short-term rentals are furnished dwelling units or rooms that are rented for short periods of time rather than the annual rentals typical of unfurnished units. They are typically rented at a fee through online platforms such as Airbnb and VRBO. Developing a regulatory framework for short-term rental should be done in conjunction with the evaluation of taxation principles, in conjunction with Albany County. Signs. Preliminary discussions of sign content identified numerous items likely to generate considerable debate. It was also acknowledged that building and street typologies should play a significant role in the regulation of such, as much or more so than the zoning districts within which signs are located. The time and data required to conduct a thorough analysis of this topic was not available as a part of this review. It is recommended that sign regulations be revisited in the future at such a time when more representative data can be collected and presented to assist in the process of decision making. 15 Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee introduced the following: ORDINANCE 5.32.21 (As Amended 10/21/2021) AN ORDINANCE REPEALING AND REPLACING ARTICLE I (GENERAL PROVISIONS), ARTICLE II (ZONING DISTRICTS), ARTICLE III (USE REGULATIONS). ARTICLE IV (DEVELOPMENT STANDARDS), ARTICLE V (ADMINISTRATION AND ENFORCEMENT), AND ARTICLE VI (RULES OF CONSTRUCTION; DEFINITIONS) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OR “USDO”) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS, AND ARTICLE VII (APPLICATION FEES) TO CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Chapter 375 (Unified Sustainable Development Ordinance) of Part II (General Legislation) of the Code of the City of Albany is REPEALED. Section 2. Part II (General Legislation) of the Code of the City of the Albany is hereby amended, enacting Chapter 375 (Unified Sustainable Development Ordinance) attached hereto as “Attachment A” Section 3. Any actions, decisions or permits issued pursuant to Chapter 375 (Unified Sustainable Development Ordinance) of the Code of the City of Albany as in effect prior to the effective date of this ordinance are hereby ratified, continued and approved. Section 4. This ordinance shall take effect immediately. APPROVED AS TO FORM THIS 18TH DAY OF OCTOBER, 2021 ________________________________ Corporation Counsel Matter in strikethrough to be deleted. Matter underlined is new material. 1 To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Brett T. Williams, Esq. Senior Assistant Corporation Counsel Martha Mahoney, Esq., Assistant Corporation Counsel Re: Common Council Legislation Supporting Memorandum Date: October 15, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development, and Land Use Committee ORDINANCE 5.32.21 (As Amended 10/21/2021) TITLE AN ORDINANCE REPEALING AND REPLACING ARTICLE I (GENERAL PROVISIONS), ARTICLE II (ZONING DISTRICTS), ARTICLE III (USE REGULATIONS). ARTICLE IV (DEVELOPMENT STANDARDS), ARTICLE V (ADMINISTRATION AND ENFORCEMENT), AND ARTICLE VI (RULES OF CONSTRUCTION; DEFINITIONS) OF CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OR “USDO”) OF PART II OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NECESSARY AMENDMENTS, AND ARTICLE VII (APPLICATION FEES) TO CHAPTER 375 (USDO) OF PART II OF THE CODE OF THE CITY OF ALBANY GENERAL PURPOSE OF LEGISLATION This legislation repeals and replaces Articles I-VI of Chapter 375 (Unified Sustainable Development Ordinance or “USDO”) of Part II of the Code of the City of Albany in relation to necessary amendments, and adds a new Article VII to Chapter 375 (USDO) of Part II of the Code of the City of Albany. NECESSITY FOR LEGISLATION AND CHANGES TO EXISTING LAW FISCAL IMPACT(S) None. Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY RESIDENTIAL USES Household Living Dwelling, § 375- single-unit P P P[12] P[12] P P P P 303(2)(a)(i) detached Dwelling, two- § 375- C[2] P P[12] P P P P unit detached 303(2)(a)(ii) Dwelling, three- § 375- P P P P P unit detached 303(2)(a)(iii) Dwelling, § 375- C[2] C P [12] P P P P P P P P P P P P townhouse 303(2)(a)(iv) Dwelling, live- § 375- C[2] C[2] C[2] C C P P P P P P P P P P P P work 303(2)(a)(v) Dwelling, multi- § 375- C[2] C[2][3] C[2][3] P P P P P P P P P P P C unit 303(2)(a)(vi) Group Living Assisted living § 375- facility or C[2] C[2] C[2] C P C P P P P P P P P C 303(2)(b)(i) nursing home Community § 375- residential P P P P P P P P P P P P P P P P 303(2)(b)(ii) facility § 375- Dormitory C C C C C C C C C C 303(2)(b)(iii) Group living, § 375- C[2] C[2] C[2] C C C C C C C C C C C C other [8] 303(2)(b)(iv) § 375- Rooming house C C C C C C C 303(2)(b)(v) CIVIC AND INSTITUTIONAL USES § 375- Cemetery C 303(3)(a) 1 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY § 375- Club C[2] C[2] C[2] C[2] P[4] P[5] P P P P P P P P[6][7] P 303(3)(b) Community § 375- C[2] C[2] C[2] P P P[4] P[5] P P P P P P P P[6][7] P center 303(3)(c) § 375- Cultural facility C[2] C[2] C[2] C[2] C P[4] P[5] P P P P P P P P[6][7] P P 303(3)(d) § 375- Day-care center C[2] C[2] C[2] C[2] C P[4] P[5] P P P P P P P P[6][7] P A 303(3)(e) Higher § 375- education C[2] C[2] C[2] C[2] C C C P P P P P P P P[6][7] P 303(3)(f) institution § 375- Hospital C C C C C C C C C C C C 303(3)(g) Natural area or § 375- P preserve 303(3)(h) Park or § 375- P P P P P P P P P P P P P P P P P P P playground 303(3)(i) Police or fire § 375- C C C C C C P P P P P P P P P P P P C station 303(3)(j) Public utility or § 375- C P services, major 303(3)(k) Public utility or § 375- P P P P P P P P P P P P P P P P P P P services, minor 303(3)(l) Religious § 375- P P P P P P P P P P P P P P P P P C institution 303(3)(m) § 375- School C C C C C C C C C C C C C C C C 303(3)(n) Stadium or § 375- C[2] C C A C C C A C C arena 303(3)(o) § 375- Towers A A A A A A A A A C A A A A A A C C 303(3)(p) 2 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY COMMERCIAL USES Agriculture and Animal-Related Agriculture, § 375- C C P P A A A A A A A P A A A A A urban 303(4)(a)(i) § 375- Plant nursery C A P P C 303(4)(a)(ii) Veterinarian or § 375- P A A P P P P P kennel 303(4)(a)(iii) Food and Beverage Service § 375- Bar or tavern C P P P C P P P C[6] P 303(4)(b)(i) § 375- Restaurant C[1] C[1] C[1] C P[5] P P P P P P P P[6][7] P 303(4)(b)(ii) Guest Accommodations Bed-and- § 375- C C C C P C C P[5] P P P P P P P P[6][7] breakfast 303(4)(c)(i) § 375- Hotel C P P P C P P P P[6][7] 303(4)(c)(ii) Office and Services Beauty salon, § 375- spa or barber P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] P P 303(4)(d)(i) shop Blood plasma § 375- C C C C center [9] 303(4)(d)(ii) § 375- Funeral home C C P C P 303(4)(d)(iii) Laboratory or § 375- C C C C C C C C[6] P P research facility 303(4)(d)(iv) § 375- Medical clinic C P P P P P P P P[6][7] P A 303(4)(d)(v) Office, general C[1] C[1] C[1] C[4] P[5] P P P P P P P P[6][7] P A § 375- 3 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY 303(4)(d)(vi) Personal or § 375- C[1] C[1] C[1] C P[5] P P P P P P P P[6][7] P P business service 303(4)(d)(vii) Professional § 375- P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] P A Office 303(4)(d)(viii) § 375- Trade school C P P P P P P P P[6][7] P P 303(4)(d)(iv) Recreation and Entertainment Adult § 375- P entertainment[10] 303(4)(e)(i) Indoor § 375- recreation or C P[5] P P P P P P P P[6][7] 303(4)(e)(ii) entertainment Outdoor § 375- recreation or P C P C C C C[6] C C C 303(4)(e)(iii) entertainment Retail § 375- Adult retail[10] C C P 303(4)(f)(i) Convenience § 375- P[5] P P P P P P P P[6][7] P retail[11] 303(4)(f)(ii) § 375- General retail C P[5] P P P P P P P P[6][7] A A 303(4)(f)(iii) Controlled § 375- substance C C C C P P 303(4)(f)(iv) dispensary § 375- Specialty retail P1 P1 P1 P[4] P[5] P P P P P P P P[6][7] A 303(4)(f)(v) § 375- Supermarket P P P C P P P P[6][7] P 303(4)(f)(vi) Vehicles and Equipment 4 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY Automobile § 375- C C C P wash 303(4)(g)(i) § 375- Dispatch service C A C P P 303(4)(g)(ii) Freight truck § 375- C C P terminal 303(4)(g)(iii) Heavy vehicle and equipment § 375- C P P sales, rental and 303(4)(g)(iv) servicing Light vehicle § 375- P C P P sales or rental 303(4)(g)(v) Light vehicle § 375- P C A C P C P P servicing 303(4)(g)(vi) Parking lot, § 375- A A A A A A A A C A C A A A A A P P A surface 303(4)(g)(vii) Parking § 375- A A A A A A C A A P P P P P P[6][7] P P A structure 303(4)(g)(viii) § 375- Transit facility C P A A A A A P P 303(4)(g)(ix) Vehicle fueling § 375- A A A A station 303(4)(g)(x) INDUSTRIAL USES Commercial Services § 375- Crematorium C P 303(5)(a)(i) Heavy § 375- commercial C C P P P 303(5)(a)(ii) services Self-storage § 375- P C P P facility 303(5)(a)(iii) 5 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY Storage and § 375- wholesale C C P P P 303(5)(a)(iv) distribution Manufacturing, Production and Extraction Artisan § 375- C P P P P P P P P[6][7] P P manufacturing 303(5)(b)(i) Heavy § 375- P manufacturing 303(5)(b)(ii) Light § 375- C P P P manufacturing 303(5)(b)(iii) Marijuana § 375- manufacturing P P P 303(5)(b)(iv) facility Waste and Salvage Recycling § 375- A A A A A A A A A A A A P P dropoff center 303(5)(c)(i) § 375- Landfill C 303(5)(c)(ii) Vehicle towing, § 375- wrecking or C 303(5)(c)(iii) junkyard Waste/recycling § 375- processing C P 303(5)(c)(iv) facility ACCESSORY USES Accessory § 375- dwelling unit 303(6)(a) Alternative energy § 375- A A A A A A A A A A A A A A A A A A A generation 303(6)(b) equipment 6 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY § 375- Cabaret A A A A A A A A A A A A A A A A A A A 303(6)(c) Composting of § 375- A A A A A A A A A A A A A A A A A A household waste 303(6)(d) Customary accessory uses § 375- A A A A A A A A A A A A A A A A A A A and related 303(6)(e) structures § 375- Day-care home A A A A A A A A A A A A A A A A A A A 303(6)(f) § 375- Delivery service A A A A A A A A A A A A 303(6)(g) Drive-in or § 375- drive-through C A A A A 303(6)(h) facility Electric vehicle § 375- A A A A A A A A A A A A A A A A A A A charging station 303(6)(i) Home § 375- A A A A A A A A A A A A A A A A A A occupation 303(6)(j) § 375- Rain barrel A A A A A A A A A A A A A A A A A A A 303(6)(k) § 375- Satellite dish A A A A A A A A A A A A A A A A A A A 303(6)(l) Sidewalk or § 375- A A A A A A A A A A A A A A A A A outdoor cafe 303(6)(m) § 375- Storage shed A A A A A A A A A A A A A A A A A A A 303(6)(n) § 375- Swimming pool A A A A A A A A A A A A A A A A 303(6)(o) Telecommunica § 375- tions antenna as A A A A A A A A A A A A A A A A A A A 303(6)(p) an accessory use 7 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY Trash storage, § 375- A A A A A A A A A A A A A A A A A A A outdoor 303(6)(q) TEMPORARY USES § 375- Farmers' market T T T T T T T T T T T T T T T T T T T 303(7)(a) § 375- Mobile vendor T T T T T T T T T T T 303(6)(b) Portable storage § 375- T T T T T T T T T T T T T T T T T T T container 303(6)(c) Temporary § 375- construction T T T T T T T T T T T T T T T T T T T 303(6)(d) office or yard Temporary real estate § 375- T T T T T T T T T T T T T T T T T T T sales/leasing 303(6)(e) office Temporary/seas § 375- onal T T T T T T T T T T T T T T T T T T 303(6)(f) sales/activity [1] This use allowance is limited to portions of the ground or basement floor where the exterior of the building was originally designed, or subsequently altered prior to June 1, 2015 by an addition extending the building closer to the sidewalk than the original façade or the installation of commercial display windows that render use of the ground floor or basement as a residence impractical, and shall not exceed 1,500 square feet of gross floor area. [2] This use allowance is limited to buildings that were originally designed for nonresidential use. [3] This use is permitted in structures that were originally designed and constructed as multi-unit dwellings, and only for the number of dwelling units that legally existed prior to the adoption of this USDO. [4] A conditional use permit is required when the use exceeds 3,000 square feet of gross floor area. [5] A conditional use permit is required when the use exceeds 5,000 square feet of gross floor area. [6] Not permitted in areas designated as "Connected Edge" on the MU-FM district regulating plan. [7] A conditional use permit us required in areas designated as "Neighborhood General" on the MU-FM district regulating plan. 8 Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use Residential Mixed-Use Special Purpose Use-Specific MU- MU- MU- MU- MU- MU- MU- MU- Standard in Zoning District R-1L R-1M R-2 R-T R-M R-V MU-CI MU-FM I-1 I-2 LC NE NC CU CH DT FW FC FS Article III LAND USE CATEGORY [8] This use shall not be located within 500 feet of an existing group living, other use. [9] This use shall be at least 1,000 feet from the nearest boundary line of a lot with a household living use, a group living use, a religious institution or a school or a park. [10] This use shall be located at least 1,000 feet from a religious institution, a school, a residential zoning district or a park, playground. [11] This use shall not be located within 1,000 feet of an existing convenience retail use. [12] A conditional use permit is required to increase the number of dwelling units within an existing building. See §375-303(7). 9 Table 375.502.1 Summary of Development Review Procedures R = Review and Recommend | D = Review and Decide | (A) = Appeal | [ ] = Public Hearing Notice Review Authorities Board § 375- Chief Chief Commissioner Stormwater Historic City Planning of Common 505 Published Mailed Posted Planning Building of General Management Resources Engineer Board Zoning Council Official Official Services Officer Commission Application Type Appeals Pre-Development Procedures Project Review (1) D (A) Determination Lot modification (2) D [2] (A) Development Review Procedures Development Major Yes Yes R R R R D plan review (3) Minor Yes Yes D R R R (A) Certificate of Minor Yes Yes D (A) appropriateness Major (4) Yes Yes R [D] Major subdivision of land (5) Yes Yes D [2] R R R [D] Conditional use permit (6) Yes Yes Yes R [D] Demolition review (7) Yes R R R R D District plan approval (8) Yes Yes R R R R D Design review of tall (9) No Yes Yes R [D] buildings Area Yes Yes Yes R [D] (10) Variance Use Yes Yes Yes R [D] Floodplain (11) Yes R [D] Historic property hardship (12) Yes Yes R [D] waiver Permit Procedures Building permit (13) R [1] D (A) Floodplain development (14) D R (A) permit Sign permit (15) R [1] D (A) Grading permit (16) R D (A) Right-of-way access permit (17) R D R (A) Revocable right-of-way (18) D R (A) privilege Policy Decisions 1 Table 375.502.1 Summary of Development Review Procedures R = Review and Recommend | D = Review and Decide | (A) = Appeal | [ ] = Public Hearing Notice Review Authorities Board § 375- Chief Chief Commissioner Stormwater Historic City Planning of Common 505 Published Mailed Posted Planning Building of General Management Resources Engineer Board Zoning Council Official Official Services Officer Commission Application Type Appeals Interpretation (19) D (A) USDO text amendment Yes R [R] [D] (20) Zoning map amendment Yes Yes Yes R [R] [D] Designation of a historic landmark, historic district (21) Yes [R] [D] or archaeological district [1] Application my require referral for a zoning clearance. [2] A subdivision involving four or fewer lots shall be reviewed as a Lot Modification. 2 The following Code does not display images or complicated formatting. Codes should be viewed online. This tool is only meant for editing. Chapter 375 Unified Sustainable Development [HISTORY: Adopted by the Common Council of the City of Albany 4-5-2021 by Ord. No. 46.122.20. Amendments noted where applicable.] Article I General Provisions § 375-101 Short title. This chapter shall be known and cited as the "City of Albany Unified Sustainable Development Ordinance" or "USDO." § 375-102 Purpose. This USDO is adopted in order to: (1) Implement the policies of the adopted Comprehensive Plan, as may be amended from time to time; (2) Promote economic reinvestment in the City; (3) Protect, preserve and improve the City's neighborhoods and promote racial and ethnic equity throughout; (4) Promote energy conservation, low-impact development, and environmentally sensitive development; (5) Ensure safety from fire, floodwaters, panic, and other dangers; (6) Facilitate the provision of adequate transportation, water, sanitary and storm sewers, schools, parks, and other community facilities needed to serve new and existing development; (7) Promote, preserve and reinforce the historic urban form and fabric of the City; (8) Promote, preserve, encourage, and improve the aesthetic quality of buildings and environments throughout the City; and (8) Promote the public health, safety, and general welfare. § 375-103 Authority. This USDO is enacted pursuant to authority granted by the Albany City Charter, Articles 2-A, 3, and 5-A of the New York State General City Law, Articles 5-G, 5-J and 5-K of the New York State General Municipal Law, the New York State Municipal Home Rule Law, and the New York State Statute of Local Governments. 1 § 375-104 Applicability. (1) This USDO shall apply to all land, buildings, structures, and uses of land, buildings, and structures in the City, unless an exemption is provided by or granted pursuant to the terms of this USDO. (2) Unless otherwise provided in this USDO, no building or land shall be used or occupied, and no building or structure or part of a building or structure shall be erected, moved or altered, except in conformity with the USDO regulations for the applicable zoning district and any overlay district in which it is located. (3) No building shall be erected or altered to exceed the height, accommodate or house a greater number of households, accommodate a larger or more intense land use than is permitted, occupy a greater percentage of lot area or have narrower or smaller rear yards, front yards, or side yards than is permitted by this USDO for the applicable zoning district and any overlay district in which the building is located. A dwelling unit can only be occupied by one household. (4) No part of a yard or other open space around any building required for the purpose of complying with the provisions of this USDO shall be included as a part of the yard or other open space similarly required for another building. § 375-105 Effective date and transition. (1) Effective date. This USDO shall be effective on June 1, 2017. (2) Violations continue. Any violation of the previous City of Albany Zoning Ordinance shall continue to be a violation under this USDO and shall be subject to the penalties and enforcement set forth in § 375- 507 (Enforcement and penalties), unless the use, development, construction, or other activity complies with this USDO. Payment is required for any penalty assessed under the previous ordinance, even if the original violation is no longer considered a violation under this USDO. (3) Uses, structures, and lots rendered conforming. A use, structure, or lot will be deemed lawful and conforming as of the effective date of this USDO if it conforms to all requirements of this USDO. (4) Uses, structures, and lots rendered legally nonconforming. (a) When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this USDO, and this USDO no longer classifies such use as a permitted or conditional use in the zoning district in which it is located, such use shall be considered legally nonconforming and shall be controlled by § 375-506 (Preexisting development and nonconformities). (b) Where any building, structure, lot or site improvement that legally existed on the effective date of this USDO does not meet all standards set forth in this USDO, such building, structure, lot or site improvement shall be considered legally nonconforming and shall be controlled by § 375-506 (Preexisting development and nonconformities). (5) Applications commenced or approved under previous ordinances. (a) Pending applications. 2 (i) A complete application that has been submitted for review prior to the effective date of this USDO but upon which no final action has been taken by the appropriate decisionmaking body, may be the subject of a written request to the Chief Planning Official to have the application reviewed under this USDO. It shall otherwise be reviewed in accordance with the regulations in effect on the date the application was deemed complete. (ii) If the applicant fails to comply with any applicable required period for submittal or other procedural requirement, the application shall expire and any reapplication shall meet the standards in effect at the time of reapplication. (b) Approved projects. (i) Permits, development plans, building permits, and variances that are valid on the effective date of this USDO shall remain valid until their expiration date, but shall be completed pursuant to the regulations in effect at the time of approval. (ii) If an approval or permit (including any extensions) expires, future development shall comply with the requirements of this USDO. § 375-106 Official Zoning Map. (1) The location and boundaries of the zoning districts established by this USDO are shown on the official Zoning Map, which is hereby incorporated into the provisions of this USDO. (2) The Zoning Map, including all amendments, shall be the latest electronic version of the Map as amended by Common Council. All form-based district regulating plans contained within this USDO are part of the Zoning Map. (3) The Chief Planning Official shall keep the Zoning Map up-to-date as changes and amendments are made. § 375-107 Interpretation. The Chief Planning Official shall be authorized to interpret the provisions of this USDO, including but not limited to the location of zoning district boundary lines, unless a different City official is specifically designated in this USDO to make a particular interpretation. Interpretations of the Chief Planning Official are subject to the procedures set forth in section 375-505(19) and to appeal to the Board of Zoning Appeals. § 375-108 Relationship to other regulations. If provisions of this USDO are inconsistent with one another, with provisions of other adopted codes or ordinances of the City, or with provisions of applicable county, state, and federal laws, the more restrictive provision shall govern to the extent permitted by law. However, if standards in an overlay zoning district conflict with other provisions of this USDO, or with provisions of other adopted codes or ordinances of the City, the provisions of the overlay zoning district shall apply regardless of whether they are more restrictive or more permissive than the standards with which they conflict. § 375-109 Relationship to private agreements and covenants. Nothing in this USDO is intended to supersede, annul, or interfere with any easement, covenant, or other agreement between private parties, but such private agreements shall not excuse any failure to comply with 3 this USDO. The City shall not be responsible for enforcing private agreements. § 375-110 Definitions. Definitions and rules of construction used in this USDO are in Article VI (Rules of Construction; Definitions). § 375-111 Severability. If any clause, sentence, paragraph, section or part of this USDO shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Without affecting this general statement, each section of the sign regulations in § 375-409 (Signs) are specifically severable, and the invalidity of any regulation in that section shall not affect the validity or enforceability of other regulations in that section. Article II Zoning Districts § 375-201 Zoning districts established. The zoning districts listed in § 375-202, Summary Table of Zoning Districts, are hereby created. These districts shall have the boundaries shown on the official Zoning Map maintained by the Chief Planning Official and available on the City of Albany’s website. § 375-202 Summary Table of Zoning Districts. The following table shows the zoning districts created by this USDO. Table 375.202.1 Summary Table of Zoning Districts Base Zoning Districts Residential R-1L Single-Unit, Low-Density R-1M Single-Unit, Medium-Density R-2 Two-Unit R-T Townhouse R-M Multi-Unit R-V Residential Village Mixed-Use MU-NE Mixed-Use Neighborhood Edge MU-NC Mixed-Use Neighborhood Center MU-CU Mixed-Use Community Urban MU-CH Mixed-Use Community Highway MU-CI Mixed-Use Campus/Institutional MU-DT Mixed-Use Downtown MU-FW Mixed-Use Form-Based Warehouse MU-FC Mixed-Use Form-Based Central Avenue MU-FS Mixed-Use Form-Based South End 4 Table 375.202.1 Summary Table of Zoning Districts MU-FM Mixed-Use Form-Based Midtown Special Purpose I-1 Light Industrial I-2 General Industrial LC Land Conservation Overlay Districts HR-O Historic Resources Overlay AR-O Archaeological Resources Overlay FP-O Floodplain Overlay CS-O Combined Sewer Overflow Overlay PB-O Pine Bush Overlay NK-O Normans Kill Overlay AC-O Albany-Colonie Intermunicipal Overlay § 375-203 Residential districts. (1) R-1L Single-unit, Low-Density. (a) Concept. [Image] (b) Purpose. The purpose of the R-1L District is to provide for neighborhoods of low density, single-unit, principally detached dwellings on medium to large lots. Limited recreational, educational, and other neighborhood support uses are permitted as shown in Table 375.302.1 (Permitted Use Table). (2) R-1M Single-unit, Medium-Density. (a) Concept. [Image] (b) Purpose. The purpose of the R-1M District is to provide for neighborhoods of single-unit, principally detached dwellings on smaller, individual lots. Limited recreational, educational, and other neighborhood support uses are permitted as shown in Table 375.302.1 (Permitted Use Table). (3) R-2 Two-unit. (a) Concept. [Image] (b) Purpose. The purpose of the R-2 District is to provide for neighborhoods containing a blend of single- unit and two-unit, principally detached dwellings on a variety of medium to small individual lots of varying sizes. Limited recreational, educational, and other neighborhood support uses are permitted as shown in Table 375.302.1 (Permitted Use Table). (4) R-T Townhouse. 5 (a) Concept. [Image] (b) Purpose. The purpose of the R-T District is to provide for neighborhoods containing a blend of townhouse-style dwellings of varying sizes and configurations. These areas are often coterminous with the City designated historic districts and those areas of the City predating extensive zoning regulation. A mix of uses is permitted where the existing building typologies and built fabric of the area are consistent with such uses, as shown in Table 375.302.1 (Permitted Use Table). (5) R-M Multi-unit. (a) Concept. [Image] (b) Purpose. The purpose of the R-M District is to provide for neighborhoods containing predominantly multi-unit housing options in larger than average dwelling structures, generally with heights of four stories or less. A mix of uses are permitted where the existing building typologies and built fabric of the area are consistent with such uses, as shown in Table 375.302.1 (Permitted Use Table). (6) R-V Residential Village. (a) Concept. [Image] (b) Purpose. The purpose of the R-V District is to provide for neighborhoods containing groups of multi- unit housing buildings that may not be located on separate lots and may be organized around open spaces or curvilinear streets rather than on separate lots within a street grid. Some support uses catering to those residing within the building or complex of buildings, are permitted as shown in Table 375.302.1 (Permitted Use Table). § 375-204 Mixed-use districts. The following section describes the mixed-use districts, which are districts in which both residential and nonresidential principal uses of land are permitted in the same structure or on the same lot. For most mixed- use districts, this section provides an image illustrating the overall district concept and a purpose statement for the district. Four mixed-use districts, Form-Based Warehouse, Form-Based Central Avenue, Form-Based South End, and Form-Based Midtown are regulated based on their form and therefore are organized differently. In the form-based districts, the overall vision is illustrated by a regulating plan, supplemented by the street hierarchy that describes the required form developments must follow in these areas. (1) MU-NE Mixed-Use Neighborhood Edge. (a) Concept. [Image] (b) Purpose. The purpose of the MU-NE District is to provide for moderate density housing options and limited mixed-use development. Such districts are often located along principal transit corridors and closely abut residential districts. The character of these areas consists of a blend of uses, including dwellings, community and cultural facilities, professional offices, services, and limited retail uses. Use of any structure for a nonresidential use shall be done so as to avoid altering the essential character of the structure or adversely affecting the surrounding neighborhood. 6 (2) MU-NC Mixed-Use Neighborhood Center. (a) Concept. [Image] (b) Purpose. The purpose of the MU-NC District is to provide for moderate density housing options amongst a nexus of locally-oriented, neighborhood-scale commercial uses providing support services to the surrounding residential neighborhoods. Land uses include a variety of predominantly nondestination and non-auto-oriented retail and commercial establishments, as well as complementary residential uses. A mix of residential and nonresidential uses on individual lots is encouraged. Other uses are permitted as shown in Table 375.302.1 (Permitted Use Table). (3) MU-CU Mixed-Use Community Urban. (a) Concept. [Image] (b) Purpose. The purpose of the MU-CU District is to provide for a wide variety of retail, residential, and commercial uses intended to serve an area larger than a specific neighborhood in an urban setting characterized by relatively small blocks. A mix of residential and nonresidential uses on individual lots is encouraged. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (4) MU-CH Mixed-Use Community Highway. (a) Concept. [Image] (b) Purpose. The purpose of the MU-CH District is to provide for a wide variety of retail, residential, and commercial uses intended to serve an area larger than a specific neighborhood, in areas characterized by large blocks with arterial street access, and designed for convenient access by automobile. A mix of residential and nonresidential uses on individual lots is permitted but not required. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (5) MU-DT Mixed-Use Downtown. (a) Concept. [Image] (b) Purpose. The purpose of the MU-DT District is to provide for a wide range of high-density uses that reinforce the existing, well-defined urban character of Albany's historic downtown area. A mix of residential and nonresidential uses on individual lots is encouraged. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (6) MU-CI Mixed-Use Campus/Institutional. (a) Concept. [Image] (b) Purpose. The purpose of the MU-CI District is to provide for sites or campuses with large public and 7 institutional facilities, such as hospitals, museums, and institutions of higher education. Additional land uses include a variety of retail, commercial, and residential uses traditionally associated with these large institutions, as well as others shown in Table 375.302.1 (Permitted Use Table). (7) MU-FW Mixed-Use Form-Based Warehouse District. (a) Concept. [Image] (b) Regulating plan. [Image] (c) Purpose. The purpose of the MU-FW District is to allow for a greater variety of building reuse and encourage the redevelopment of the Warehouse District into a walkable, urban mixed-use center containing residential, retail, commercial, and entertainment uses, while protecting the continued viability of the existing industrial uses that are included in and surround that area. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (d) Street hierarchy. [Image] (8) MU-FC Mixed-Use Form-Based Central Avenue. (a) Concept. [Image] (b) Regulating plan. [Image] (c) Purpose. The purpose of the MU-FC District is to encourage redevelopment in the Central Avenue/Manning Square area into a vibrant mix of residential and nonresidential uses that support the investment in bus rapid transit services along Central Avenue while protecting the adjacent lower density residential neighborhoods. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (d) Street hierarchy. [Image] (9) MU-FS Mixed-Use Form-Based South End. (a) Concept. [Image] (b) Regulating plan. [Image] (c) Purpose. The purpose of the MU-FS District is to encourage redevelopment in the South End area by re- creating a more fine-grained street system that encourages internal pedestrian and bicycle circulation, encouraging a vibrant mix of residential and nonresidential uses, and creating new investment opportunities along the waterfront. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (d) Street hierarchy. [Image] (10) MU-FM Mixed-Use Form-Based Midtown. 8 (a) Concept. [Image] (b) Regulating plan. [Image] (c) Purpose. The purpose of the MU-FM District is to create a cohesive and mutually supportive mixed-use neighborhood around the University of Albany Downtown Campus, to improve the appearance of that area, to ensure a vibrant atmosphere for students and residents alike, and to protect residential uses surrounding the Downtown Campus from potential adverse impacts of a large and growing university campus. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (d) Street hierarchy. [Image] § 375-205 Special purpose districts. (1) I-1 Light Industrial. (a) Concept. [Image] (b) Purpose. The purpose of the I-1 District is to provide for a broad range of commercial, civic, institutional, and light industrial uses that do not generate significant noise, glare, or heavy traffic impacts on surrounding areas. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (2) I-2 General Industrial. (a) Concept. [Image] (b) Purpose. The purpose of the I-2 District is to provide for industrial uses associated with the Port of Albany as well as those with greater noise, glare, or heavy traffic impacts in locations that are typically separated from nearby residential neighborhoods. Permitted uses are shown in Table 375.302.1 (Permitted Use Table). (3) LC Land Conservation. (a) Concept. [Image] (b) Purpose. The purpose of the LC district is to provide for and protect publicly-owned parks, open spaces, natural areas, wildlife refuges, and other green spaces throughout the City. § 375-206 Overlay districts. (1) HR-O Historic Resources Overlay. (a) Purpose. There exist within the City places, sites, structures and buildings of historic or architectural significance, antiquity, uniqueness of exterior design or construction that should be conserved, protected and preserved to maintain the architectural character of the City, to contribute to the aesthetic value of the City and to promote the general good, welfare, health and safety of the City and its residents. The 9 purpose of this chapter is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, sites, and areas within the City that reflect special elements of the City's historical, architectural, cultural, economic or aesthetic heritage. (b) Designated historic areas and structures. (i) Pursuant to N.Y. General Municipal Law §§ 96-a and 119-dd(1), the following described areas are designated as areas, buildings, structures and objects having a special historical or aesthetic interest or value. Maps of these areas accompany each table listing street addresses in that district. (ii) This overlay addresses locally designated historic districts and structures. There may be additional designated areas and structures throughout the City that are regulated at the state or federal level but are not subject to the regulations of this overlay. (iii) Amendments to existing historic districts and the boundaries of any historic districts designated in the future shall be specified in detail and shall be filed with the Chief Planning Official for public inspection. Center Square/Hudson Park Historic District [Image] Alfred E. Smith State Office Building Chestnut Street: 58-176; 59-167 Delaware Avenue: 4-62; 21; 25 Dove Street: 22-168; 23-169 Elm Street: 182-288; 175-275 Garden Alley: all Hamilton Street: 289-411; 334-410 Hudson Avenue: 234-374; 269-383 Irving Street: all Jay Street: 142-226; 121-231 Jefferson Street: all Lancaster Street: 110-222; 111-225 Lark Street: 200-306; 195-325 Madison Avenue: 324-462; 327-467 Myrtle Avenue: 150-238; 147-221 Park Avenue: 203-257 (odd only) South Swan Street: 90-184 (even only) Spring Street: 2-72 (even only) State Street: 244-360; 249-373 Clinton Avenue/North Pearl Street/Clinton Square Historic District [Image] Clinton Avenue: 19-613; 22-610 Clinton Square: all 10 Clinton Avenue/North Pearl Street/Clinton Square Historic District [Image] North Pearl Street: 168-250; 201-243 Downtown Albany Historic District [Image] Beaver Street: all Broadway: 351-575; 324-610 Columbia Street: 46-54; 39-75 Grand Street: 2-14 (even only) Howard Street: all Hudson Avenue: 29-31 James Street: 52-54 Lodge Street: all Maiden Lane: all North Pearl Street: 11-87; 18-90 Pine Street: all Sheridan Avenue: 4-12 State Street: 35-125; 38-144 Elberon Triangle Historic District [Image] Elberon Place: 3-63 (odd only) Quail Street: 198-210 (even only) South Lake Avenue: 11-51 (odd only) Western Avenue: 146-214 (even only) Lafayette Park Historic District [Image] Albany City Hall Albany County Courthouse Cathedral of All Saints Columbia Place: all Columbia Street: 77-107 Elk Street: 1-37 New York State Capitol New York State Court of Appeals New York State Education Building Lark Street Historic District [Image] Elk Street: 169-187 (odd only) Lark Street: 97-161 1/2; 100-164 11 Lexington Avenue Historic District [Image] Lexington Avenue: 7-31; 6-36 Mansion Historic District [Image] Ashgrove Place: all Bleecker Place: all Eagle Street: 131-183 (odd only) Elm Street: 1-59; 2-68 Grand Street: 47-149; 62-140 Hamilton Street: 114-140 (even only) Madison Avenue: 112-180; 115-173 Madison Place: all Myrtle Avenue: 10-52; 1-55 Park Avenue: 7; 9; 45-71; 32-72 Philip Street: all South Pearl Street: 115-243 (odd only) Trinity Place: 6-80 1/2; 1-47 Van Zandt Street: all Westerlo Street: 80-90; 83-95 Wilbur Street: all Pastures Historic District [Image] Bleecker Street: all Green Street: 101-151; 118-144 Herkimer Street: all Madison Avenue: 82-104 (even only) South Ferry Street: all Westerlo Street: 36-76; 47-77 South End/Groesbeckville Historic District [Image] Alexander Street: 1-69; 2-64 Bassett Street: School 1; 81-83; 48-76 Broad Street: 45-159; 40-190 Catherine Street: 1-45; 2-46 Clinton Street: 15-151; 34-154 Delaware Street: 1-39; 2-48 Elizabeth Street: all Fourth Avenue: 105-153; Firehouse; Bathhouse; 100-152 Franklin Street: St. Ann's/St. John's Church and Center; 120-150; 159-169 Morton Avenue: 2-84 (even only) 12 South End/Groesbeckville Historic District [Image] Osborne Street: 1-15 (odd only) Plum Street: 55-65; 52-56 Schuyler Street: 97-John Howe Library; 84-108 Second Avenue: 1-59; 2-58 South Pearl Street: 289-477; 298-338 Stephen Street: all Teunis Street: all Third Avenue: 1-69; 2-82 South Lake Avenue Historic District [Image] South Lake Avenue: 99-161; 102-124 South Pearl Street Commercial Row Historic District [Image] South Pearl Street: 36-64 (even only) Ten Broeck Triangle Historic District [Image] First Street: 2-76; 35-79 Hall Place: all North Hawk Street: 79-87; 80-90 North Swan Street: 32-96; 19-79 St. Joseph's Terrace: all Second Street: 12-44; 13-53 Ten Broeck Place: all Ten Broeck Street: all Upper Madison Avenue Historic District [Image] Madison Avenue: 727-775; 728-774 Yates Street: 367-387 (odd only) Washington Park Historic District [Image] Englewood Place: all Henry Johnson Boulevard: 1-17 Madison Avenue: 469; 721-725; 462-718 South Lake Avenue: 22; 37-89 Sprague Place: 1- 5 Spring Street: 74-94; 83-99 State Street: 375-503 Thurlow Terrace: all Western Avenue: 76 13 Washington Park Historic District [Image] Willett Street: all Individual Listings Albany Academy Building, 12 Elk Street, Academy Park Albany City Hall, 24 Eagle Street Albany Institute of History and Art, 125 Washington Avenue Albany Union Station, 575 Broadway Benjamin Arnold House (465 State Street) and Carriage House (307 Washington Avenue) Cathedral of All Saints, 60 Elk Street Cathedral of the Immaculate Conception, 120 Eagle Street Cherry Hill, 523 1/2 South Pearl Street Church of the Holy Innocents, 275 North Pearl Street Delaware and Hudson Railroad Building, 365 Broadway First Reformed Church, 110 North Pearl Street First Trust Company Building, 35 State Street James Hall's Office, Lincoln Park New York State Capitol, Eagle Street New York State Court of Appeals Building, 20 Eagle Street New York State Education Building, 31 Washington Avenue New York State Executive Mansion, 138 Eagle Street Old Post Office, 441 Broadway Palace Theatre, 19 Clinton Avenue Quackenbush House, 683 Broadway Quackenbush Pumping Station - Albany Waterworks, 19 Quackenbush Street St. Mary's Church, 14 Lodge Street St. Peter's Church, 99 State Street Schuyler Mansion, 32 Catherine Street Ten Broeck Mansion, 9 Ten Broeck Place United Traction Company Building, 600 Broadway Van Ostrade-Radliff House, 48 Hudson Avenue Whipple Cast and Wrought Iron Bowstring Truss Bridge, 1,000 Delaware Avenue Young Men's Christian Association, 60 North Pearl Street (c) General guidelines. (i) The general design and character of the proposed alteration, addition or new construction should be compatible with the building and historic district. (ii) The scale of the proposed alteration, addition or new construction should relate to the building itself, surrounding buildings, the neighborhood and the historic district. (iii) Texture, materials and color should relate to similar features of other structures in the neighborhood. 14 (iv) Changes should be visually compatible with surrounding buildings, including the proportion of the building's front facade, the proportion and arrangement of windows and other openings within the facade, the roof shape and the rhythm and spacing of buildings on streets, including setbacks. (v) Compatible materials and colors that are either visually quiet or similar in relation to traditional colors used in the area should be used in new construction or when restoration of original materials is impossible. (vi) Inappropriate contemporary materials, including those that attempt fake antiquity or rusticity (e.g., unpainted natural wood, reused common brick, undressed stone or asphalt, aluminum or vinyl siding), are specifically prohibited on front facades or any side elevation visible from a public right-of-way. (vii) Grounds for considering a proposed design inappropriate would include arresting and spectacular effects, violent contrasts of materials or colors or intense colors or a multiplicity or incongruity of details resulting in a disturbing appearance. (d) Rehabilitation guidelines. The following standards for rehabilitation and guidelines for rehabilitating historic buildings are adopted by the Historic Resources Commission to the extent that they affect exterior alterations: (i) Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environment. (ii) The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided whenever possible. (iii) All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historic basis and that seek to create an earlier appearance shall be discouraged. (iv) Changes that may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (v) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity. (vi) Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. (vii) Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (viii)The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting, 15 pressure grit washing and other cleaning methods that will damage the historic building materials shall not be undertaken. (ix) Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project. (x) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. (xi) Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. (xii) Windows. A. Original windows should be repaired rather than replaced whenever possible. B. A replacement window should match the size of the original opening in width, length and depth of placement and should be constructed in the configuration of the existing or original window (i.e., double-hung sash, 2/2, 6/1, 6/6, etc.). C. In the event that a previously altered, noncompatible window is being replaced on a street-facing facade, the new window should conform to the original opening and be of a style, color and material appropriate to the building. When there is no evidence of the original window, the new one should be complementary to the building design. D. The use of interior storm windows is encouraged, but exterior metal or vinyl storm windows the same size as the opening and of an appropriate color are acceptable. (xiii)Stoops. A. Brownstone stoops should be repaired rather than replaced. In the event that portions must be replaced, repair materials should match the color of and closely resemble the existing materials. Replacements for brownstone stoops should be of stone or be entirely cast in tinted concrete and should match the color, placement, size, scale and design of originals as closely as possible. B. Replacement wooden stoops should match the size, scale, design and placement of the originals or should be appropriate to the original design of the buildings to which they are attached. Each stoop should be painted with a color appropriate to the individual building and the surrounding district. C. The consistent rhythm of projecting entrance stoops is an important characteristic of the streetscape in historic areas and should be maintained. (xiv) Rails. When appropriate, original wrought iron rails should be retained when new stoops are built. In the 16 event that a rail is missing, the new rail should be custom-made to be compatible with the style of the building or the surrounding district, where practicable, or be a modern nondecorative rail or a salvaged historic rail appropriate to the style of the building. (xv) Paint and other materials. A. Retention and/or restoration of old materials and original colors are encouraged. Removal or covering over, including painting, of historic and previously unpainted materials is to be avoided whenever practicable. B. Historically, Albany common brick was painted; therefore, it should be painted. Harder pressed or face brick was not painted; therefore, these types of brick should be left unpainted. C. Although a Certificate of Appropriateness is not required for painting non-masonry surfaces and repainting previously painted masonry surfaces, full compliance with the above standards is required. (xvi) Doors. Original doors should be repaired rather than replaced whenever possible. A replacement door should be constructed to fit the entire original opening in length, width, depth of placement and style or configuration. (e) New construction guidelines. These guidelines apply to new construction in historic districts with primarily residential and neighborhood commercial character, including all but the Downtown Albany Historic District. (i) New construction shall be compatible with the architectural scale, massing, volume and styles existing in the historic district. (ii) Materials. A. Compatible materials and colors that are either similar to or visually quiet in relation to the traditional ones used in the area should be used in new construction. B. Inappropriate contemporary materials, including those that attempt fake antiquity or rusticity, shall be discouraged. When appropriate traditional materials cannot be used, preference should be given to contemporary materials used in a straightforward manner that at the same time are not conspicuous in the traditional context of the district. C. Material selection for new buildings should reflect consideration of the historic district and adjacent historic buildings. In order to retain the visual integrity of the area, contemporary materials, such as glass, curtain walls, concrete, etc., are acceptable, provided that the overall texture, color and detail of the building facade are visually quiet and compatible with the historic district. (iii) Facade openings. A. The combined area of openings in the principal plane of the facade should not exceed 1/3 of the overall facade. End-row or corner-sited buildings will be subject to review of both the principal and secondary 17 facades. B. Repetitive openings should be proportioned so that the height is at least twice the width but not more than three times the width. Basement and attic windows of small area may be excluded from this restriction. The height-to-width ratio of a single architectural feature, such as a door opening, a bay window or one feature window, may be reduced to 1:1. C. The design of commercial storefronts may differ from the residential proportions for Subsection (1)(e)(iii)(A) and (B) as described above; however they should be compatible with the design and proportion for other historic commercial storefronts within the district. (iv) Facade rhythm and proportion. A. By manipulation of architectural features, the rhythm of separate building units existing on a street of attached townhouses is to be carried across the facade of new attached structures that occupy more than one house lot. Ways in which such articulation may be achieved easily on extended facades include rhythmical grouping of openings in clusters, inclusion of vertical delineations in the wall plane and architectural expression of structural bays. B. The facade of a structure erected on a single house lot should be proportioned so that the height equals at least 1 1/2 times the width. Adjustment shall be made for residentially zoned lots that exceed the predominant lot widths along the primary street. (v) Architectural features. Townhouse roofs generally should not be visible from the street front, except where a proposed design relates to an abutting historic structure or to a streetscape with several structures possessing roof surfaces visible from the street. (vi) Ornamentation. New infill structures may incorporate ornamental features common to the historic district; otherwise, decorative features should be both clearly modern and compatible with the historic district. (vii) Floor levels. Indication of floor levels by means of opening placement and use of belt courses should be related primarily to those levels generally indicated on the entire block and secondarily to those of the two abutting structures. (viii)Building height. Building height should relate primarily to the general height of the buildings on the same side of the block. Secondary consideration should be given to the following: A. The maximum height of a building should be not greater than the taller of the abutting structures on each side of the building site or the tallest building on the same block as the building. B. The minimum height of a street facade should be not less than the lower of the abutting structures on each side of the building site or the tallest building on the same block as the building. (ix) In districts characterized by contiguous townhouse construction, the entire street frontage of a lot should be occupied by the building facade(s) that adheres to the height guidelines. In historic areas 18 characterized by detached residential construction, the street front setback should be consistent with those structures on the block or street that contribute to the historic and aesthetic character of the streetscape. (f) New construction in or adjacent to the Downtown Albany Historic District. The area comprising the Downtown Albany Historic District has been the center of Albany's growth and development throughout the City's history. This characteristic has resulted in the district's potentially conflicting distinctions of being the location of many of the City's most architecturally and/or historically significant buildings and sites, while also being one of the most logical and desirable locations for new development. Due to the diversity of the existing components of the district, every proposed project involving new construction in or adjacent to the Downtown Albany Historic District will be evaluated for appropriateness to its site and for quality of design and materials. The following general guidelines apply to all new construction in or adjacent to the Downtown Albany Historic District, including but not limited to those properties in the Fort Orange/Downtown Albany Archaeological Review District and the Secondary Downtown Albany Archaeological Review District described in § 375-206(2) (AR-O Archaeological Resources Overlay). (i) Street pattern. A feature of downtown with great historic significance is the street pattern that has survived largely intact from the 17th Century. New construction should respect this historic street pattern at ground level and in general should be built parallel to the curblines. (ii) Street facades. The street facade(s) of a new building should be located at the lot line, as has traditionally been the case in the district. In the design of corner buildings, particular attention should be given to the definition of the street corner(s) through the use of building mass. Where adjacent buildings are built behind the lot line to accommodate sidewalk cafes, new construction should be consistent with that building placement. (iii) Overall design. If at all possible, the scale, materials and facade configuration of a new structure should relate to those of the adjacent structures and the overall streetscape. The goal of these guidelines is to secure compatible new design; the replication or imitation of existing structures is strongly discouraged. The appropriate use of contemporary styles and materials is encouraged, although such styles should fit into the general context of the immediate vicinity. (g) Fence, wall, and accessory structure guidelines. (i) Fences and accessory structures. A. When visible from a public right-of-way, proposed fences or other accessory structures, such as trellises or storage sheds, shall be reviewed by the Chief Planning Official and should be in general conformance with the review criteria in this section. B. Chain-link fences located on street frontage are not appropriate within historic districts. C. Wood fences generally should be painted or covered with a solid stain to avoid a too rustic appearance. 19 D. Fences, walls, landscaping, or a combination of those features, may be required to screen parking areas. Particular design consideration should be given to the screening of parking lots. In most cases, parking lots should be screened by masonry walls or by more massive and permanent wood or metal fences. However, screening by fences, walls, and landscaping may be limited if they would obscure historic or important views of a building. Whenever practicable, parking lot fences or walls should be in line with the front plane of the buildings on the street and should visually screen parked vehicles from the street. (ii) Signs. A. In general, sign sizes should be minimal to avoid obscuring architectural details and to avoid visual clutter on the street. B. Signs for first-story commercial space in historic districts generally should be placed no higher than the bottom of the second-story windows. Signage should be kept to the first-story frieze or lintel area usually found on 19th Century and early 20th Century Albany commercial storefronts. C. Backlit plastic signs are discouraged as inappropriate to the 19th and early 20th Century character of the districts. D. Neon signs and awnings that are designed to be in character with the street and building may be permitted. E. Existing signs that may contribute to the historic character of the district and the building, and their design will be considered carefully before replacement will be permitted. (h) Ordinary repair and maintenance permitted. Nothing in this § 375-206(1) or related procedures in § 375- 505(4) (Certificate of appropriateness) shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic landmark or property within a historic district that does not involve a change in design, building materials, color or outward appearance. (i) Requirements and procedures. (i) No person shall carry out any exterior alteration, addition, restoration, reconstruction, demolition, new construction or moving of a landmark or a property within a historic district, nor shall any person make any material change in the appearance of such a property or its windows, light fixtures, signs or awnings, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley without first obtaining a certificate of appropriateness under § 375-505(4) or a historic property hardship modification under § 375-505(12) as applicable, and a building permit. (ii) No permit for signage, new construction, repair, addition, alteration, a sidewalk barricade, demolition or any other work that will affect the exterior of a landmark or a property within a historic district shall be issued by the Chief Building Official until the applicant has obtained a certificate of appropriateness. (iii) All applications to designate a new landmark structure or historic district, or to change the boundaries of a historic district, or to remove the City designation from a landmark or historic district, shall be subject to the requirements and procedures of § 375-505(21) (Designation of historic landmarks). 20 (2) AR-O Archaeological Resources Overlay. (a) Purpose. The purpose of the AR-O district is to ensure that development in areas designated as archaeologically sensitive or potentially archaeologically sensitive occurs in a way that protects those designated areas and resources. (b) Areas designated as archaeologically sensitive. (i) Fort Orange/Downtown Albany Archaeological Review District. A. The boundaries of the Fort Orange/Downtown Albany Archaeological Review District are shown on the map to the right. [Image] B. These archaeologically sensitive areas of the City are deemed to have special archaeological significance by virtue of their location within the earliest settled portion of the City, which was comprised of a 17th Century stockaded community and certain surrounding areas. (ii) Secondary Downtown Albany Archaeological Review District. A. The boundaries of the Secondary Downtown Albany Archaeological Review District are shown on the map to the right, and include all of the area shown except for that land within the Fort Orange/Downtown Albany Archaeological Review District shown above. [Image] B. This area is considered archaeologically sensitive because it is supportive of the Downtown Albany Archaeological District and Fort Orange areas by reason of proximity, similar street configuration and an interspersing of similar structures. C. All properties located within the Secondary Downtown Review District that have been designated as landmarks or are included in a historic district are subject to all the provisions of this § 375- 206(2)(b)(ii). (iii) Washington Avenue Archaeological Review District A. The boundaries of the Washington Avenue Archaeological Review District are shown on the map to the right, and further described in § 375-206(2)(b)(iii)(B). [Image] B. Washington Avenue Archaeological Review District Description. 1455 and a portion of 1375Portions of 1395 – 1421 Washington Avenue (odd only). Beginning at a point in the southerly bounds of lands of the State of New York, Interstate Route 504 (I-90), Fuller Road to Everett Road, said point being 82.08 feet distant on a bearing of south 62 degrees 32 minutes 28 seconds east from a point bend in said southerly bounds of lands of the State of New York, Interstate Route 504 (I-90), Fuller Road to Everett Road, as shown on a map entitled "Map showing property line and easements for No. 1455 and a portion of No. 1375 Washington Avenue," prepared by Hershberg and Hershberg, dated 9-6-1994, with revisions dated 11-8-1994 and 2-17-1995; thence south 62° 32 minutes 28 seconds east along the southerly bounds of lands of the State of New York, Interstate Route 504 (I-90), Fuller Road to Everett Road, Map No. 530, Parcel 651, a distance of 96.74 feet to a point; thence south 38° 07 minutes 03 21 seconds east a distance of 122.29 feet to a point; thence south 42° 29 minutes 50 seconds east a distance of 933.94 feet to a point; thence south 47° 30 minutes 10 seconds west 40.00 feet to a point; thence north 42° 29 minutes 50 seconds west a distance of 527.60 feet to a point; thence south 47° 30 minutes 10 seconds west 30.00 feet to a point; thence north 42° 29 minutes 50 seconds west a distance of 200.00 feet to a point; thence north 47° 30 minutes 10 seconds east 30.00 feet to a point; thence north 42° 29 minutes 50 seconds west a distance of 207.87 feet to a point; thence north 38° 07 minutes 03 seconds west a distance of 211.90 feet to the point and place of beginning. C. This area is considered archaeologically sensitive because it includes the last intact remains of the first railroad in New York State (The Mohawk & Hudson Railroad berm) and an 1851 brick arch conduit that previously served Six Mile Waterworks. (iv) Remainder of the city. A. The remainder of the City of Albany contains areas of potential archaeological sensitivity and includes all lands within City limits not within, Fort Orange/Downtown, Secondary Downtown Albany and Washington Avenue Archaeological Review Districts. B. No person shall carry out any excavation, grading or roadwork in a designated historic district or on a property containing a designated landmark without first obtaining a certificate of appropriateness under § 375-505(4), as applicable, and a grading permit. C. Any applicant proposing subsurface excavation in this area should be aware that a Phase IA Cultural Resource Investigation may be required as part of a development plan review, building, grading or other permit based on available information about potential archaeological resources in the area, including but not limited to the presence of any of the features listed in Subsection (2)(B)(vi)(D) below. D. If any of the following features are discovered on a site within the City of Albany, all activity that could disturb, dislocate, damage, or destroy the feature must stop immediately, and the applicant or property owner must notify the City promptly of the existence of such features: 1. Evidence of human remains or burial grounds; 2. Evidence of foundation, roof, walls, or infrastructure built with construction materials or techniques not commonly used during the last 50 years; or 3. Evidence of railroad structures, or canals, dams, or locks. (c) Procedure. (i) A basic review of readily available cultural resources information is required to be submitted with any development plan. The Chief Planning Official may require a Phase IA Cultural Resource Investigation based upon available information about potential archaeological resources in the area. (ii) For proposed development in an archaeological review district, a Phase IA Cultural Resources Investigation must be submitted to the Historic Resources Commission. The Commission may require 22 additional examination, including but not limited to Phase 1B, Phase II and Phase III reports to establish the significance of the resources and agree upon appropriate mitigation. (iii) If resources are discovered as a part of a Phase 1B investigation, modifications to the proposed project may be permitted to avoid or minimize potential impacts. If resources are identified and cannot be readily avoided, then the review shall be referred to the Historic Resources Commission for consideration of the need for further examination, including but not limited to Phase II and Phase III reports, to establish the significance of the resources and agree upon appropriate mitigation. The Historic Resources Commission shall issue a certificate of appropriateness as a part of its determination. (d) Cultural resources investigations. (i) The applicant or the authorized agent thereof shall confer with the City prior to preparing any submission to define and agree upon guidelines for such cultural resource investigation. The City may refer any application or report to the New York State Office of Parks, Recreation and Historic Preservation for advice and consent thereon. (ii) Cultural resource investigations shall be consistent with the Standards for Cultural Resource Investigations and the Curation of Archaeological Collections in New York State promulgated by the New York Archaeological Council and shall be prepared by a professional archaeologist. (iii) The applicant shall be responsible for all costs associated with the review and reporting. (3) FP-O Floodplain Overlay. (a) Purpose. The purpose of the FP-O Overlay District is to ensure that development in floodplains defined by Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) complies with all applicable FEMA regulations; to promote public health, safety, and general welfare; and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (i) Regulate uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities; (ii) Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction; (iii) Control the alteration of natural floodplains, stream channels, and natural protective barriers that are involved in the accommodation of floodwaters; (iv) Control filling, grading, dredging and other development that may increase erosion or flood damages; (v) Regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards to other lands; and (vi) Qualify for and maintain participation in the National Flood Insurance Program. 23 (b) Objectives. The objectives of the FP-O are to: (i) Protect human life and health; (ii) Minimize expenditure of public money for costly flood-control projects; (iii) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (iv) Minimize prolonged business interruptions; (v) Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard; (vi) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (vii) Ensure that developers are notified that property is in an area of special flood hazard; and (viii)Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (c) General provisions. (i) This § 375-206(3) shall apply to all areas of special flood hazard within the jurisdiction of the City. (ii) Basis for establishing areas of special flood hazard: A. The areas of special flood hazard for the City of Albany, Community No. 360001, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: 1. Flood Insurance Rate Map Panel Nos. 360001C0157D, 360001C0159D, 360001C0176D, 360001C0178D, 360001C0179D, 360001C0183D, 360001C0187D, 360001C0188D, 360001C0189D, 360001C0191D, 360001C0192D, 360001C0193D, 360001C0194D, 360001C0211D, 360001C0213D, 360001C0306D, 360001C0307D, whose effective date is March 16, 2015, and any subsequent revisions to these map panels that affect areas under the City's jurisdiction. 2. A scientific and engineering report entitled "Flood Insurance Study, Albany County, New York, All Jurisdictions," dated March 16, 2015. 3. Letter of Map Revision (LOMR) Case No. 17-02-1160P revising FIRM panels: 36001C0192D, 36001C0211D, and 36001C0213D, effective March 7, 2019. B. The above documents shall be considered a part of this § 375-206(3). The Flood Insurance Study and/or maps shall be kept on file with the City Clerk. (iii) This § 375-206(3) includes all revisions to the National Flood Insurance Program through October 27, 24 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention. (iv) In their interpretation and application, the provisions of this § 375-206(3) shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare. (v) Unless specifically defined in Article VI (Rules of Construction; Definitions), words or phrases used in this § 375-206(3) shall be interpreted so as to give them the meaning they have in common usage and to give this subsection its most reasonable application. (vi) All references to Zones A, A1-30, AE, AH, AO, B, or X in this § 375-206(3) refer to those zones as depicted on the Flood Insurance Rate Maps listed and referenced in this subsection. (d) Warning and disclaimer of liability. The degree of flood protection required by this § 375-206(3) is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This § 375-206(3) does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This § 375-206(3) shall not create liability on the part of the City, any officer or employee of the City, or the Federal Emergency Management Agency for any flood damages that result from reliance on this § 375-206(3) or any administrative decision lawfully made under this § 375-206(3). (e) Administration; designation of local floodplain administrator. The Chief Building Official or the equivalent position is hereby appointed local floodplain administrator to administer and implement this § 375-206(3) by granting or denying floodplain development permits in accordance with its provisions. (f) Use of other flood data. (i) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data nor identified a floodway, the Chief Building Official shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source as criteria for requiring that new construction, substantial improvements or other proposed development meets the requirements of this subsection. (ii) When base flood elevation data are not available, the Chief Building Official may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard, for the purposes of this subsection. (g) Construction standards. (i) General standards. Section 375-206(3)(g)(i)(A) and (B) shall apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 375-206(3)(c). A. Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard: 25 1. Proposals shall be consistent with the need to minimize flood damage; 2. Public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed so as to minimize flood damage; and 3. Adequate drainage shall be provided to reduce exposure to flood damage. B. Encroachments. 1. Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: a. The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or b. The City agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City, for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City for all costs related to the final map revision. 2. On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 375-206(3)(c), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless: a. A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or b. The City agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the City for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City, for all costs related to the final map revisions. 3. Whenever any portion of a floodplain is authorized for development, the volume of space occupied by the authorized fill or structure below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavations shall be constructed to drain freely to the watercourse. No area below the waterline of a pond or other body of water can be credited as a compensating excavation. (ii) Standards for all structures. Section 375-206(3)(g)(ii)A, B and C shall apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 375-206(3)(c). 26 A. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. 1. New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. 2. New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. 3. Enclosed areas below lowest floor. a. For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: i A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and ii The bottom of all such openings no higher than one foot above the lowest adjacent finished grade. 4. Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas subgrade on all sides are considered basements and are not permitted. C. Utilities. 1. New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections, and other service equipment shall be located at least two feet above the base flood elevation or be designed to prevent water from entering and accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also be elevated or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations; 2. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; 3. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of 27 floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall; and 4. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (iii) Residential structures. A. Elevation. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in §§ 375-206(3)(g)(i)A and B and 375-206(3)(g)(ii). 1. Within Zones A1-A30, AE and AH and also Zone A, if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above one foot above the base flood elevation. 2. Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. 3. Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 375-206(3) (at least two feet if no depth number is specified). 4. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. (iv) Nonresidential structures. The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in §§ 375-206(3)(g)(i)A and B and 375-206(3)(g)(ii). A. Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure shall either: 1. Have the lowest floor, including basement or cellar, elevated to or above the base flood elevation; or 2. Be floodproofed so that the structure is watertight below the base flood elevation, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: 1. Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as 28 two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or 2. Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in Subsection (3)(g)(iv)(A)(2) above. C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for construction. A floodproofing certificate or other certification shall be provided to the local floodplain administrator that certifies the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of Subsection (3)(g)(iv)(A)(2) above, including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. E. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. (v) Critical facilities. In order to prevent potential flood damages to certain facilities that would result in serious danger to life and health or widespread social or economic dislocation, no new critical facility shall be located within any area of special flood hazard or within any five-hundred-year flood zone shown as a B Zone or as a shaded X Zone on the community's Flood Insurance Rate Maps. (h) Definitions. APPEAL A request for a review of the local administrator's interpretation of any provision of § 375-206(3) or a request for a floodplain variance. BASEMENT That portion of a building having its floor subgrade (below ground level) on all sides. BUILDING A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. CELLAR That portion of a building having its floor subgrade (below ground level) on all sides. CRITICAL FACILITIES For purposes of the Floodplain Overlay (FP-O): (1) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic and/or 29 water-reactive materials; (2) Hospitals, nursing homes, and housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood; (3) Police stations, fire stations, vehicle and equipment storage facilities, and emergency operations centers that are needed for flood response activities before, during, and after a flood; and (4) Public and private utility facilities that are vital to maintaining or restoring normal services to flooded areas before, during, and after a flood. CUMULATIVE SUBSTANTIAL IMPROVEMENT See § 375-602 DEVELOPMENT Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. FEDERAL EMERGENCY MANAGEMENT AGENCY The federal agency that administers the National Flood Insurance Program. FLOOD INSURANCE RATE MAP (FIRM) An official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. HISTORIC STRUCTURE See § 375-602 RECREATIONAL VEHICLE A vehicle that is: (a) Built on a single chassis; (b) Four hundred square feet or less when measured at the largest horizontal projections; (c) Designed to be self-propelled or permanently towable by a light-duty truck; and (d) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, 30 or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages sustained by a structure in two separate occasions during a ten-year period for which the cost of repairs at the time of such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT See § 375-602 VIOLATION The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. (4) CS-O Combined Sewer Overlay. (a) Purpose. The purpose of the CS-O Overlay District is to: (i) Mitigate impacts of new development and redevelopment on the City's combined sanitary/storm sewer system and to ensure that the City remains in compliance with applicable consent orders regarding management of stormwater flows. (ii) Abate combined sanitary/storm sewer overflow discharges and stormwater surcharges during wet weather events through the use of practices that reuse, infiltrate, and delay the release of stormwater into the combined sanitary/storm sewer system. (b) Boundaries. The boundaries of the Combined Sewer Overlay District are shown on the map to the right. [Image] (c) Compliance with consent order. All deposit of waste or sewage, all construction of public or private 31 sewers, all connections to public sewer systems, and all other matters related to the disposal of stormwater or sanitary sewer effluent within the Beaver Creek Sewer District, the Karlsfeld Sanitary Sewer District, and the Krumkill Sanitary Sewer Districts, shall comply with the terms of the Albany Pool Communities Combined Sewer Overflow Long- Term Control Plan Order on Consent (DEC Case No. CO 4-20120911-01), entered into by the Albany Pool Communities, Albany County Sewer District, the Rensselaer County Sewer District, and the New York State Department of Conservation on January 15, 2014, and actions inconsistent with the terms of that order are violations of this USDO, as amended, until such time as the terms of that order are no longer binding on the City. (d) Additional referrals required. Each application for development that is anticipated to generate over 2,500 gallons of sanitary sewer flow per day will require review by the Albany Department of Water and Water Supply and the New York State Department of Environmental Conservation to ensure compliance with the State Pollution Discharge Elimination System permit. The City may require the use of water recycling technology as a condition for high water uses. (5) PB-O Pine Bush Overlay. (a) Purpose. The purpose of the PB-O Overlay District is to preserve and protect the unique and sensitive nature of the Pine Bush area environment, and to ensure that future development within the overlay area complements efforts outlined in the Albany Pine Bush Preserve Management Plan to the greatest extent possible, while still allowing for appropriate development to occur. (b) Boundaries. The boundaries of the Pine Bush Overlay District are shown on the map to the right. [Image] (c) Regulations. (i) General leveling and clearing of sites in the PB-O District is not permitted. New construction or redevelopment shall not remove existing indigenous trees or natural features, except where necessary for the approved building of foundations, parking areas, and access driveways. (ii) Principal and accessory structures are generally limited to a single story in height where a property abuts lands dedicated for conservation pursuant to the Albany Pine Bush Preserve Management Plan in order to reduce impacts from smoke arising from prescribed burns required to maintain the health of the Pine Bush Preserve. The Planning Board may approve additional stories if it would result in a smaller total building footprint, less impervious lot coverage or the dedication of additional lands for conservation. (iii) New or redeveloped principal structures shall be set back at least 150 feet from each lot line with an adjacent undeveloped or protected property in the PB-O District. All portions of the required setback area that are not occupied by parking areas, driving lanes, or stormwater management facilities shall be vegetated by retaining any existing natural vegetation to the maximum extent practicable. Where existing vegetation is more sparse or less biologically diverse than that on the adjacent undeveloped PB- O District property, it shall be supplemented through the planting of indigenous species, primarily oak and pitch pines, to a similar density and biological diversity as that on the adjacent undeveloped property. 32 (iv) New or redeveloped principal structures shall be set back no more than 50 feet from the front lot line, in order to group traffic and occupancy impacts near those areas where the PB-O District is already fragmented by existing roads. (v) On lots not more than 10,000 square feet in size, new or redeveloped principal and accessory structures shall not occupy more than 20% of the total lot area. (vi) All surface parking areas and access driveways shall be located behind the front wall plane of the primary structure, and shall be constructed of pervious paving materials unless the applicant demonstrates that the use of such materials is inconsistent with the type and level of vehicle use required for the permitted principal use. If the use of impervious paving materials is approved, the total area occupied by building footprints and impervious paving shall not exceed 50% of the site area. (vii) Native species chosen from a list maintained by the Pine Bush Preserve Commission and included in the Administrative Manual will be used for required landscaping. New landscaping shall not consist of introduced or invasive species. (6) NK-O Normans Kill Overlay. (a) Purpose. (i) The purpose of the NK-O Overlay District is to ensure careful planning in this area so as to protect people and the environment in the sensitive riparian area. A failure to do so has the potential to result in the degradation of water quality, increased erosion and flooding, loss of wildlife habitat, and reduced opportunities for recreation along the creek. (ii) The Normans Kill is one of the major freshwater tributaries of the upper Hudson River, which is accessible to anadromous fishes and contains freshwater tidal wetland areas. The fish and wildlife habitat is an approximate two-mile segment of this freshwater tributary, extending from its mouth on the Hudson River to a falls that is located just downstream from the New York State Thruway (Interstate Route 87) bridge. It is significant spawning habitat for migratory fishes in the upper Hudson River. (iii) Erosion and landslides are persistent problems along the Normans Kill, particularly where there is streamside development or significant clearing of slopes. Soils composed of a high percentage of clay have moderate to severe limitations and have high potential erosion. As the slope of these soils increases, the limitations and erosion hazard also increase. The urban areas of the City are particularly vulnerable to erosion from stormwater runoff. (b) Boundaries. The boundaries of the NK-O District are shown on the map to the right. [Image] (c) Regulations. (i) Any land use, structure, or activity that is anticipated or could result in the disturbance of more than 10,000 square feet of surface land area, or to the excavation of more than 100 cubic yards of dirt or fill, shall be required to apply for major development plan review. 33 (ii) An applicant shall be required to avoid or mitigate any potential adverse impacts on the Normans Kill watershed or waterway, including but not limited to soil erosion, soil slippage, and impacts to the floodway or floodplain. (7) AC-O Albany-Colonie Intermunicipal Overlay. (a) Purpose. (i) The property, as described and/or depicted on the corresponding overlay map, has been a long vacant industrial property bisected by the municipal borders of the Town of Colonie and the City of Albany. The property formerly housed Tobin's First Prize meat processing and packaging facility, where meat packing activities were conducted, and has been significantly deteriorating since its closure decades ago. Several redevelopment opportunities have been explored over the years with no tangible results. One of the primary reasons cited for the lack of interest and or ability to redevelop the site is the uncertainty that results from the property being located in two separate municipalities and subject to two separate and complex land use approval processes. (ii) Consistent with their respective Comprehensive Plans, the Town Board of the Town of Colonie and the Common Council of the City of Albany each desire to facilitate redevelopment of this vacant and deteriorating property. Redevelopment, through replanning, and demolition and reconstruction where appropriate will promote and encourage the elimination of blight in this area and promote economic growth. Maximum flexibility for future redevelopment is to be encouraged. (iii) City of Albany Comprehensive Plan § 3.1, which encourages ways to make the City attractive for business development and appealing to regional economic development practitioners, states: "[C]reation of new zoning or overlay districts, density evaluation and adjustment to bring about desired community vision, elimination of existing zoning districts that are obsolete or ineffective, and rezoning of areas of the City to existing or new districts. Form-based codes should be considered . . . and [p]romote development patterns that include walkable streets, compact, mixed-use development, public spaces, and context sensitivity to historic design and development." (iv) Town of Colonie Comprehensive Plan, § 3.3, states: "Many opportunities exist within the Town of Colonie to regenerate and revitalize once vital industrial areas. Locations that are underutilized or even unused today, such as the First Prize Center . . . could be returned to productive use. Trying to recreate value in these areas is consistent with the notion that the Town of Colonie cannot look at its remaining undeveloped land for all or most of its future development opportunities. The future revitalization of these areas should be viewed as a critical economic development opportunity . . . Success with this type of initiative will help the Town maintain its fiscal balance, making it possible to fund necessary services and desired quality of life improvements." (v) It is the purpose of this § 375-206(7) to promote the health, safety, convenience and general welfare of the residents of the City and the Town by establishing a single intermunicipal zoning district applicable to the covered area which promotes and encourages economic development in both municipalities through an integrated mix of planned commercial and residential uses designed and constructed using smart growth principles. This intermunicipal zoning district encourages a mix of uses within multiple- story buildings and structures, encourages a high density of building structures and uses to create a 34 village-like or urban setting, promotes pedestrian and other nonvehicular access between uses and provides sufficient separation and buffering from properties neighboring the zoning district to protect the existing character of existing land uses surrounding the district. (vi) This § 375-206(7) is intended to promote intergovernmental cooperation to increase coordination and effectiveness of comprehensive planning and land use regulation, make more efficient use of infrastructure and municipal revenues, as well as the enhanced protection of community resources, especially where such resources span municipal boundaries. (vii) It is the intent of this § 375-206(7) to create an intermunicipal overlay zoning district, and a set of self- contained regulations to apply to any future redevelopment that occurs within the zoning overlay district. The City and the Town will accomplish this vision through creation of the Albany-Colonie Intermunicipal Overlay Zoning District. (viii) The requirements of this § 375-206(7) are intended to be the only land use requirements to apply within the zoning overlay district, except as provided in this subsection, and such requirements shall supersede any zoning requirements and other land use regulations that would otherwise apply in the absence of this subsection. The provisions of this subsection shall be broadly interpreted to promote the Town of Colonie's and the City of Albany's vision and goals as set forth herein, to ensure orderly development and to satisfy the legislative intent of this subsection. (ix) This § 375-206(7) is adopted pursuant to, and in furtherance of, an intermunicipal agreement between the City of Albany and Town of Colonie. (x) This § 375-206(7) may not be changed unilaterally by the Town of Colonie or the City of Albany. Any modification of this subsection shall be subject to Section 13 of the intermunicipal agreement. (b) Establishment of Albany-Colonie Intermunicipal Overlay Zoning District. (i) The Common Council hereby creates an intermunicipal zoning district entitled Albany-Colonie Intermunicipal Overlay Zoning District (AC-O). (ii) Albany-Colonie Intermunicipal OverlayThe property depicted on the map at the right is hereby designated in the AC-O Zone and the City of Albany and Town of Colonie Zoning Maps are hereby amended accordingly. [Image] (iii) The Town Board and the Common Council hereby adopt a concept redevelopment plan ("concept plan") for the AC-O Zone as contained in the intermunicipal agreement executed between the City of Albany and the Town of Colonie. Such concept plan may be amended from time to time as provided herein. [Image] A. Subject to the limitations set forth in Subsection (b)(vii), (viii), and (ix) of this § 375-206(7), the actual mix and location of uses and other features of the concept plan, including access drives, shall be proposed by the applicant in connection with each phase(s), subject to site plan review. B. Establishment of uses other than those listed in Subsection (b)(vii) or (viii) of this § 375-206(7) or 35 changes to the boundaries of the development envelope or the buffer area (except access drives approved as part of site plan review) shall not be permitted except by amendment to this subsection duly adopted by the Town and City. C. Any changes made to the concept plan as provided herein, including approved phase(s), shall become part of this § 375-206(7). (iv) These regulations shall apply to all or any redevelopment, construction, erection, location or expansion of any use, including any building, structure or appurtenant system, as herein provided for in the AC-O District as shown on the concept plan (hereinafter, all or any part of same, the "project"). (v) No redevelopment shall be undertaken in the AC-O District except in conformity with this § 375- 206(7), including the concept plan. The concept plan may be constructed or otherwise undertaken in one or more phases (hereinafter, "phase" or "phases"). This § 375-206(7) contains the only zoning or land use requirements applicable in the AC-O District. No other zoning or land use requirements or provisions of either the City or Town zoning or land use requirements shall apply, including, but not limited to, any such requirements relating to subdivision, demolition and outdoor uses. In the event that the Town or City zoning and land use laws contain a zoning requirement or provision not otherwise contained in, or which is in conflict with, the AC-O District, the requirements of this subsection shall govern. (vi) Permits and/or approvals required. No use may be established and no development may be commenced without first obtaining site plan approval or other required permits and/or approvals pursuant to the requirements of the AC-O District and the intermunicipal agreement, including, but not limited to, compliance with applicable SEQRA requirements, and grading and clearing permits. (vii) Permitted uses. A. The principal uses shown on the concept plan, which are the same as the principal uses listed in the Permitted Use Table below, shall be permitted as of right in the AC-O District. If a use is not listed in the Permitted Use Table, it shall be prohibited. Multiple principal uses shall be permitted on a single lot, or multiple lots, and may be bisected by the Town/City municipal border. B. Permitted use table. The following uses are permitted: 1. Hotels. 2. Banquet centers. 3. Restaurants. 4. Retail. 5. Residential. 6. Theaters. 36 7. Health clubs/indoor recreation. 8. Entertainment. 9. Grocery stores/supermarkets. 10. Amphitheaters and parks/cultural entertainment facilities. 11. Offices. 12. Parking and multi-level parking structures. 13. Any other use proposed which the Consolidated Zoning Board determines is consistent with and furthers the intent of this AC-O District. (viii)Permitted accessory uses shall be as follows: A. All structures or uses which are subordinate to and serve a principal building or principal use shall be permitted. (ix) Area and bulk requirements. A. The project shall be constructed within the overall development envelope shown on the concept plan ("development envelope"), and the remainder of the site (except for access drives through such area to neighboring public streets) shall be utilized as a buffer from surrounding properties and uses ("buffer area"). Provided that the buffer area is maintained as provided for herein, there shall be no yard setback requirements, or building or structure coverage limitation; provided however, that in all areas of the AC- O District where there is an internal roadway, a sidewalk meeting the requirements of the Town must be constructed between such roadway and the ground floor of such adjoining building or structure. B. Maximum building height: 185 feet. C. Parking. 1. Parking shall be provided in accordance with the applicable industry standards and practices for mixed- use projects, taking into account the use or uses proposed in connection with each phase. Such standards shall include shared parking facilities. 2. The applicant shall demonstrate the fact that adequate and convenient parking is being provided and accessible to the proposed uses in connection with each phase. 3. The Consolidated Planning Board may waive the requirements and allow the number of spaces deemed necessary, and their location relative to the use in connection with each phase. 4. Parking may be provided for any use or uses on one or more lots within the AC-O District. 37 (x) Landscaping. Landscaping for the particular phase under review shall be subject to the standards and criteria set forth in § 375-206(7)(b)(xii)B5. (xi) Powers of Consolidated Planning Board. A. The Consolidated Planning Board shall have the powers set forth in the intermunicipal agreement. B. Each phase of the project, including the location and mix of uses, shall be subject to site plan review by the Consolidated Planning Board. (xii) Site plan review standards and procedure. A. Application for site plan review. An application for site plan review must be made to the Consolidated Planning Board on a prescribed Consolidated Planning Board application form. The application form shall be presumed the minimum required information and documentation, however, the Consolidated Planning Board may, at its discretion, require the submission of such additional information as it deems necessary to conduct its review, or waive information it determines is not needed. The Consolidated Planning Board shall have the authority to modify the application form in its discretion to further the purposes and intent of this chapter. B. Site plan review standards and general criteria. The Consolidated Planning Board shall review a site plan application in accordance with the requirements below: 1. Conformance with the concept plan. The phase must substantially conform to the concept plan. 2. Traffic access and roads. All proposed intersections with public roads shall be adequate but not excessive in number; adequate in width, paving, grade, alignment and visibility. Necessary traffic signalization, signs, dividers and other safety controls, devices and facilities shall be given proper consideration and duly provided wherever appropriate or warranted. 3. Pedestrian safety and access. Safe, adequate and convenient pedestrian access and circulation shall be provided both within the site and to adjacent public roads. 4. Circulation and parking. Off-street parking shall be provided as set forth in § 375-206(7)(b)(ix)C. The interior circulation system shall be adequate to provide safe accessibility to, from and within all required parking areas. Parking on streets internal to the site shall be permitted, subject to Consolidated Planning Board approval. The location and design of loading spaces shall not unreasonably interfere with neighboring off-site uses. 5. Screening and landscaping. All structures and recreational, parking, loading, public and other service areas shall be reasonably landscaped and/or screened so as to provide adequate visual and noise buffers from neighboring off-site uses. The scale and quality of the landscaping and screening on site shall be harmonious with the character of the neighborhood abutting the landscaped and/or screened area. 6. Drainage. A storm drainage system which demonstrates affirmative compliance with the form, scope and substance of all applicable design criteria shall be provided to accommodate expected loads from 38 the tributary watershed. Drainage shall be conducted to a point of adequate and suitable disposal. Where appropriate, stormwater control shall be provided so as to retain the same rate of off-site runoff as the existing condition. 7. Water/sewer. Each phase shall be connected to the existing municipal water and sewer systems currently serving the site. The applicant shall be required to construct the on-site improvements necessary to assure that such systems are able to satisfactorily accommodate the use. 8. Lighting. All site lighting shall be designed and installed so as not to unreasonably interfere with neighboring off-site uses and properties. 9. Fire protection. All proposed structures, service areas, fire lanes, water distribution lines, hydrants, equipment and material shall be adequate and readily accessible for the protection of the proposed uses from fire. Sufficient water supply for fire-fighting purposes shall be provided. 10. Impact of the project on adjacent land uses. Adjacent and neighboring off-site properties shall be protected against noise, glare, unsightliness or other objectionable features. Where a proposed nonresidential use would adjoin a residential area, the Planning Board shall minimize the impact of the proposed use on such off-site residential properties. 11. Signage. Signage for the particular phase under review shall be as provided herein. a. Signage located on the south side of the AC-O District and facing the highway (I-90) and/or Everett Road will be consistent with other existing signage along I-90. b. Signage that faces internally within the AC-O District may differ from other areas of the site, as long as not visible from properties to the north of the AC-O District. c. Signage located on the north side of the AC-O District and facing outward to Exchange Street will comply with the Town of Colonie regulations pertaining to signage. C. Waivers. An applicant may request, in writing, a waiver or modification of any of the site plan review standards herein. The Consolidated Planning Board may waive or otherwise modify such standards, or requirements, as the case may be, upon a finding that such action is appropriate to further the spirit and intent of this § 375-206(7). (xiii)Powers of Consolidated Zoning Board of Appeals. A. The Consolidated Zoning Board of Appeals shall have the powers set forth in the intermunicipal agreement. B. To the extent that the powers set forth in such laws are capable of differing interpretations, the Consolidated Zoning Board of Appeals shall adopt and follow the interpretation that most furthers the purposes and goals of redeveloping the site into the project. (xiv) Administration and enforcement. The provisions of this subsection shall be administered and enforced 39 as provided herein. (xv) Definitions. HEALTH CLUBS/INDOOR RECREATION An establishment that offers facilities, equipment and programs for exercise, weight loss and/or body development, provided that, in order to be within the scope of this definition, any such use that requires a license to operate must demonstrate that it has or is qualified to obtain such a license. Food items may be offered. Outdoor athletic courts and facilities are permitted and may be included with a health club and/or indoor recreation use. HEIGHT The vertical distance from the average ground level of the foundation of the building or structure to the highest point of the roof, unless otherwise specified herein, provided that chimneys, spires, towers, elevators, penthouses, tanks, HVAC, and similar projections shall be excluded from such calculation. HOTEL A building in which lodging is provided and offered to the public, which is customarily open to transient guests, and which may include ancillary facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities. A hotel unit may contain a kitchen for extended stay lodgings. Outdoor athletic courts and other outdoor facilities are permitted and may be included with a hotel use. OFFICES Any building or part of a building where the principal use is the operation of a business, administrative, governmental, public utility, sales, professional, or other business or services. MULTILEVEL PARKING STRUCTURES A structure used for parking or temporary storage of motor vehicles on more than one floor. RESIDENTIAL USE The use of all or a portion of a building or structure arranged, intended or designed to be occupied by three or more resident households living independently of each other. An apartment building and multiple or multi-unit dwellings are the same type of structure. Residential use shall include owner- occupancy or for rent. RESTAURANT A building or structure or portion thereof, arranged, intended or designed for the preparation and service of meals at tables or counters. A restaurant shall include banquet halls. RETAIL Establishments engaged in the sale of goods, merchandise and services to the public and rendering services incidental to the sale of such goods. 40 THEATER A building or space, or portion thereof, used for cultural education and experiences, motion pictures, live productions, or other entertainment, including, but not limited to, museums, art galleries, aquariums, amphitheaters, theaters, cultural entertainment facilities and performance halls. (c) Supersession. (i) This § 375-206(7) shall supersede all other local laws and ordinances of the Town of Colonie and the City of Albany applicable to the site that are inconsistent with the provisions of this § 375-206(7). (ii) If any clause, sentence, paragraph, word, section or part of this § 375-206(7) shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, or section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Article III Use Regulations § 375-301 General. The permitted and conditional land uses in each zoning district are indicated in the Table 375.302.1: Permitted Use Table below. (1) Table legend. (a) A "P" in a cell of the Permitted Use Table indicates that the use is permitted in that zoning district, subject to compliance with any use-specific standards listed in the right-hand column of that line of the table. (b) A “C” in a cell of the Permitted Use Table indicates that the use is permitted only after a conditional use permit has been obtained pursuant § 375-505(6) (Conditional use permit) and subject to any use-specific standards listed in the right-hand column of that line of the table. (c) An "A" in a cell of the Permitted Use Table indicates that the use is permitted as an accessory use only in support of a permitted or conditional use on the site; except that in the case of a wireless telecommunications antenna where the antenna need only be accessory to a structure on the property. An accessory use must be located on the same lot as a principal or conditional use, may not exist before the lot contains an approved principal or conditional use, and may not exist after the termination of all principal or approved conditional uses, unless otherwise provided in this USDO. (d) A "T" in a cell of the Permitted Use Table indicates that the use is permitted as a temporary use, subject to any use-specific standards for that use. A permit is not issued for each temporary use, but a building permit (or inclusion in a building permit for a principal structure) is required for a temporary construction office or yard and for a temporary real estate sales/leasing office. (e) A blank cell in the Permitted Use Table indicates that the use is not permitted in that zoning district 41 unless that use is specifically permitted or conditionally permitted by the provisions of Article II (Zoning Districts) applicable to the property. (2) Multiple uses. A development or structure may include multiple principal uses, including a combination of residential and nonresidential uses, provided that each use is either a permitted or conditional use in that zoning district, that a conditional use permit is obtained for any conditional use, all use-specific standards applicable to each use are met, and the development complies with all applicable density, dimensional, impervious lot coverage, development, and performance standards. (3) Unlisted uses. (a) Procedure. (i) When a proposed land use is not explicitly listed in Table 375.302.1 (Permitted Use Table) below, the Chief Planning Official shall determine whether or not it is included in the definition of a listed use or is so similar to the type of service or activity provided by another listed use and is so consistent with the size, scale, operating characteristics, and external impacts of a listed use that it should be treated as the same as a listed use. (ii) In making a determination on an unlisted use, the Chief Planning Official shall consider type of service or activity, size, scale, relevant federal, state or municipal licensure requirements, operating characteristics, scale, character, noise levels, traffic impacts, storm drainage impacts, noise levels, parking needs, utility demands, and other potential impacts of the proposed use on surrounding properties. (iii) Should the Chief Planning Official determine no similar use is listed within this USDO, they shall have the right to delay making a determination and to propose the addition of a new use to Permitted Use Table through an amendment to this USDO as described in § 375-505(20) (Amendments to Zoning Map or USDO text). (iv) Should the Chief Planning Official determine that the use is included in the definition of a listed use or is so consistent that it should be treated as the same as an existing use within this USDO, they shall issue a proposed determination expressly stating the rationale for how the proposed use is similar or the same based upon the above criteria. (v) Notice of proposed determination. The Chief Planning Official shall post the proposed determination on the Planning Department’s webpage, shall provide electronic notification to the Common Council and other parties who have signed up to receive such notifications, and shall provide mailed notice to the owner of the subject property and relevant business, and to the owners of any property with a property line within 200 feet of the property line of any property at which the proposed new use is expressly expected to be located. (b) Appeal. (i) Such proposed determination shall be referred to the Board of Zoning Appeals and shall not be final 42 until the Board of Zoning Appeals has ruled on such matter if within 14 days of the transmittal of the notice of the Chief Planning Official’s proposed determination: A. A majority of the Members of the Common Council sign and submit a letter to the Chief Planning Official objecting to the determination and requesting referral to the Board of Zoning Appeals; or B. Ten or more residents of the City of Albany sign and submit a letter jointly or individually to the Chief Planning Official objecting to the determination and requesting referral to the Board of Zoning Appeals. (ii) The Board of Zoning Appeals shall apply the criteria the same criteria as set forth in § 375-301(3)(a) above and make a determination regarding the proposed determination stating the facts and rationale for its decision which shall be posted and mailed in the same manner as set forth in paragraph (v) above and shall be binding on future decisions of the City until the Chief Planning Official makes a different determination or this USDO is amended to treat the use differently. (iii) If within 14 days of such determination being referred to the Board of Zoning Appeals a member of the Common Council submits legislation for introduction at the next meeting of the Common Council, the review of the Board of Zoning Appeals shall be stayed for a minimum of 60 days. (c) If no objections are filed with the Chief Planning Official in accordance with § 375-301(3)(b)(i) or (ii) above, the interpretation shall be final and binding on future decisions of the City until the Chief Planning Official makes a different interpretation or this USDO is amended to treat the use differently. (4) Required federal, state, and municipal licenses or permits. All uses that are required by the State of New York, the federal government, a municipal government, or by another public or quasi-public regulatory agency to have an approval, license, or permit to operate are required to have that approval, license, or permit in effect or an application pending before the appropriate government or quasi-government agency at the time that an application is submitted for a permit or approval, and shall have such approval, license, or permit in effect at all times when the use is operating. The failure to have all needed approvals, licenses, or permits in effect during operations is a violation of this USDO. (5) Prohibited uses. (a) Mobile homes. (i) A mobile home is not permitted in any zoning district. (b) Natural gas exploration. (i) No person, firm or corporation shall conduct any exploration for natural gas; drill any well for natural gas; transfer, store, treat, or dispose of natural gas exploration or production wastes; or erect any derrick, building, or other structure or place any machinery or equipment for such purpose within the territorial boundaries of the City of Albany. (ii) The storage, transfer, treatment and/or disposal of natural gas exploration and production wastes are hazardous wastes within the meaning of this Code. No person, firm or corporation shall engage in the 43 storage, transfer, treatment and/or disposal of natural gas exploration and production wastes within territorial boundaries of the City of Albany. No permit issued by any state or federal agency, commission or board to any person, firm or corporation, which would violate the prohibitions of this section, shall be deemed valid within the City of Albany. (c) Pawn shops. (i) A pawn shop is not permitted in any zoning district. § 375-302 Permitted Use Table. [Table 375.302.1 provided as a separate document] § 375-303 Use-specific standards. (1) General. (a) All uses shall comply with City ordinances regulating noise, odors, vibration, glare, heat, and other nuisance-generating conditions negatively affecting other properties, as well as the requirements of § 375-410 (Operating and maintenance) unless specifically exempted from one or more of those requirements. (b) In addition to any other applicable regulations, the following use-specific standards shall apply where the particular section is referenced in the rightmost column of Table 375.302.1 (Permitted Use Table). (2) Residential Uses. (a) Household living. (i) Dwelling, single-unit detached. (Reserved) (ii) Dwelling, two-unit detached. (Reserved) (iii) Dwelling, three-unit detached. (Reserved) (iv) Dwelling, townhouse. (Reserved) (v) Dwelling, live-work. A. The building may be used as both a dwelling and a business that does not qualify as a home occupation 44 being conducted by a resident of the building, but shall not include the following business activities: 1. Any lodging use; 2. Any motor vehicle-related use; 3. Animal agricultural or animal-related use; 4. Any food, beverage, or indoor entertainment use; 5. Adult retail; 6. Liquor store; 7. Funeral home or crematorium; 8. Outdoor storage as a principal use; or 9. Any industrial use except artisan manufacturing. B. Portions of the structure used for residential and nonresidential uses shall have a connection between them located inside the building. C. In residential zoning districts, a wall sign no more than two square feet in size and located no higher than the first story of the building is permitted. (vi) Dwelling, multi-unit. A. Any multi-unit dwelling containing more than 20 dwelling units: 1. Shall include outdoor or indoor passive or active recreation space(s) that total at least 10% of the site area; and 2. Shall provide on-site laundry facilities within each individual dwelling unit or as a shared facility on premises accessible to residents of the building. B. In the area bounded by Myrtle Avenue, Lark Street a perpendicular line drawn 100 feet southerly of the Madison Avenue right-of-way, and the rear boundary of lots fronting on New Scotland Avenue, this use is only permitted in a new structure constructed after June 1, 2017. [Image] (b) Group living. (i) Assisted living facility or nursing home. (Reserved) (ii) Community residential facility. 45 A. A facility housing more than eight unrelated individuals receiving services, plus those providing services, is permitted only in the R-M, R-V and mixed-use zoning districts. B. A facility that would otherwise qualify as a community residential facility but that houses more than 14 unrelated individuals receiving services shall be considered a group living, other use, but shall not be subject to the minimum spacing requirements in § 375-303(2)(b)(iv). C. Notwithstanding other provisions of this USDO, in those zoning districts where community residential facilities are permitted uses, the dimensional and design standards applicable to a facility occupied by or constructed for those uses shall be the same as those dimensional and design standards applicable to the type of structure being constructed or occupied (e.g., single-unit detached, two-unit detached, townhouse, or multi-unit) if it were occupied by a household living use. (iii) Dormitory. A. There shall be at least 150 square feet of gross floor area for the first occupant and at least 100 additional square feet of gross floor area for every additional occupant, the gross floor area to be calculated on the basis of total habitable room area. B. A resident manager who lives on site shall be employed or appointed in a full- or part-time capacity. B. Kitchen facilities, common areas for meeting and social space, or handicap accessibility may be expanded by 10% of the gross floor area or 1,000 square feet, whichever is less, without securing or modifying a conditional use permit if current parking standards are met. (iv) Group living, other. A. No new group living, other facility shall be located within 500 feet of an existing group living, other facility. (v) Rooming house. A. A unit within a building containing multiple single-room dwelling units may be occupied by only one person if the unit is less than 100 square feet, and by no more than two persons if the unit is larger than 100 square feet. (3) Civic and institutional uses. (a) Cemetery. (i) Cemeteries shall meet the Green Burial Council’s standards for natural burial grounds or conservational burial grounds. (b) Club. (i) Any food and beverage service provided by a club, including alcohol, shall be served on the premises 46 and limited to dues-paying members and their guests. (ii) A copy of the Club charter and a list of all dues-paying members shall be submitted with an application and kept on file with the City of Albany. The club must keep and maintain an updated list of dues- paying members at all times. (c) Community center. (Reserved) (d) Cultural facility. (Reserved) (e) Day-care center. (Reserved) (f) Higher education institution. (Reserved) (g) Hospital. (Reserved) (h) Natural area or preserve. (Reserved) (i) Park or playground. (Reserved) (j) Police or fire station. (Reserved) (k) Public utility or services, major. (Reserved) (l) Public utility or services, minor. (Reserved) (m) Religious institution. 47 (Reserved) (n) School. (Reserved) (o) Stadium or arena. (Reserved) (p) Towers. (i) Towers and associated antennae shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), Federal Communications Commission (FCC) and any other state or federal agency with the authority to regulate communications antennas and towers. Should such standards or regulations be amended, such devices and structures shall be brought into compliance with the revised standards or regulations within the time period mandated by the controlling agency. B. Towers and associated antennae shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or alter antennas or towers. C. Towers and associated antennae shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme shall be made a part of any application to install, build or alter the antenna or tower. D. Placement of advertising signage on towers and associated antennae is prohibited. E. Towers shall be structurally and mechanically capable of accommodating the antenna or array of antennas of more than one provider based upon the tower heights. F. All applications for collocation of additional antennae on an existing structure that constitute an "eligible facilities" request, and that do not constitute a "substantial change" to the existing structure, as those terms are defined in federal law, shall be approved by the City administratively within 60 days after receipt of an application for such collocation. G. When rendering its decision on a conditional use permit for a new tower, the person or entity responsible for making a decision may allow an increase in height as required to allow effective functioning of the equipment, as required by the Federal Telecommunications Act. H. Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable state or federal agency, be painted a neutral color consistent with the natural or built environment of the site. I. Equipment shelters, cabinets and guy anchors shall be screened from view by a permanent screen consisting of an architecturally compatible masonry wall, wood fence, landscaping material, or 48 combination thereof, at least eight feet in height and achieve an opacity of 80% year-round. J. Towers shall be separate from any off-site residential structure, or the boundary of any residentially zoned lot by a distance equal to the height of the tower. K. Ground anchors of guyed towers shall be located on the same parcel as the tower and meet the setbacks of the applicable zoning district. All such wires shall be visible and protected at ground level. (4) Commercial uses. (a) Agriculture and animal-related. (i) Agriculture, urban. A. Greenhouses, hoop houses, cold frames, storage sheds, and other accessory structures are limited to a maximum height of 12 feet, and shall be set back at least five feet from any abutting lot with an occupied residential use. B. The cumulative area covered by structures more than four feet above grade shall not exceed 25% of the site (for a principal use) or 25% of the side yard or rear yard area in which the structures are located, and which are not already occupied by an accessory structure (for an accessory use). C Operation of power equipment or generators is not permitted in residential zoning districts other than on a temporary emergency basis, or for routine maintenance. In those zoning districts where they are permitted, operation of power equipment or generators may occur between 7:00 a.m. and no later than 10:00 p.m. D. Sales of products grown on site is permitted on site, provided that the structure used for sales is no larger than 100 square feet and is not located in a required front setback area. E. Food products may be grown in soil present on the site if: 1. The City determines through Sanborn Insurance maps or other maps, deeds, prior permits or a combination of those sources that the site has only been put to residential or agricultural use in the past; or 2. A composite sample of the soil, consisting of no fewer than five individual subsamples from zero to six inches in depth collected from throughout the site or proposed growing area, has been tested by a laboratory certified by the State of New York Environmental Laboratory Approval Program for lead content using the appropriate method and that lead content of the sample is less than 200 ppm; or 3. For sites or growing areas less than one acre in size, five individual samples of the soil from zero to six inches in depth collected from throughout the site or proposed growing area are tested for the metals arsenic, barium, cadmium, chromium, copper, lead, mercury, nickel, and zinc, and their concentrations are determined to be at or below the thresholds listed in the table in § 375-303(4)(a)(i)F below, as amended. For sites or proposed growing areas from one to two acres in size, 10 samples shall be tested; 49 for sites two to three acres in size, 15 samples shall be tested. All results and a map showing sampling locations within the site shall be provided to the City; or 4. As an alternative to meeting the standards below, the site may be used for growing food products if clear soil (as established by testing or other means) 12 or more inches deep is added (e.g., in raised beds) to any portion of the site to be used for that purpose with an underlayment of landscape fabric at least 22 mm thick, and any adjacent pathways and any exposed soil are covered with grass, ground cover, mulch, clean soil and/or landscape fabric. F. Soil shall be tested by a laboratory certified by the State of New York for metal content using the appropriate method. Gardening may be conducted if the test results for all samples and all metals are below the levels identified in the following table. Note that New York State Residential Soil Cleanup Objective values listed below may be amended from time to time, and the latest levels should be used. New York State Residential Soil Cleanup Objectives (parts per million) Metal Name Arsenic 16 Barium 350 Cadmium 2.5 Chromium 36 Copper 270 Lead 400 Mercury 0.81 Nickel 140 Zinc 2,200 (ii) Plant nursery. (Reserved) (iii) Veterinarian or kennel. A. Veterinary facilities shall be limited to serving domestic pets and household animals except within the I- 1 and I-2 Districts. B. No such use shall be located closer than 300 feet to any residential zoning district, unless all animals are kept indoors. (b) Food and beverage service. (i) Bar or tavern. (Reserved) 50 (ii) Restaurant. A. Any bar area shall be secondary and incidental to food service. B. No restaurant shall continue to serve alcohol for more than one hour after the normal menu food service has closed, or it shall seek approval to operate as a bar or tavern. C. Restaurants shall be required to obtain a permit from the Albany County Department of Health pursuant to Part 14-1 of the New York State Sanitary Code and Article IV of the Albany County Sanitary Code, or other such prevailing regulations. (c) Guest accommodations. (i) Bed-and-breakfast. A. No alteration to either the exterior or the interior of any principal or accessory structure shall be made to change the character and appearance of the residential premises. B. No more than seven guest rooms shall be allowed in the R-1L, R-1M, R-2, and R-T zoning districts. C. Guest(s) may not stay at the bed-and-breakfast for a period exceeding 14 consecutive days. (ii) Hotel. A. Facilities where individual guest rooms have direct access to an outdoor area, rather than accessing guest rooms from an interior hallway or corridor, shall only be permitted in the MU-CH zoning district. (d) Office and services. (i) Beauty salon, spa or barber shop. A. This use shall be subject to regulation pursuant to New York State General Business Law, Articles 27 and 28, and any regulations promulgated thereunder. (ii) Blood plasma center A. A blood plasma center must be at least 1,000 feet from the nearest boundary line of a lot with a household living use, a group living use, a religious institution or a school or a park. B. All equipment, samples and products must be stored inside the building. C. A blood plasma center must provide and follow a management plan for handling litter, indoor queuing, security and loitering. D. A blood plasma center shall include a waiting and departure lounge sufficient in size, but a minimum of 1,000 square feet, to accommodate all scheduled donors within one hour of their appointment and one 51 hour after, as well as any anticipated drop-in customers. Such waiting areas shall include restroom facilities and be open at least one hour prior to the opening of the center for the use of waiting patrons. E. A blood plasma center shall continuously comply with all applicable laws and regulations for safe disposal of blood products and human tissue and shall provide and follow written protocols for such compliance. Facilities shall continuously comply with all applicable licensing and certification requirements, including those of the Albany County and New York State Health Departments. (iii) Funeral home. (Reserved) (iv) Laboratory or research facility. A. If a laboratory or research facility use involves dangerous or hazardous materials and/or procedures subject to federal or state safety regulations, then a conditional use permit shall be required. (v) Medical clinic. (Reserved) (vi) Office, General. A. If an office use involves dangerous or hazardous materials and/or procedures subject to federal or state safety regulations, then a conditional use permit shall be required. B. If the use includes the selling or providing of transportation services, it shall include an inside waiting area large enough to accommodate all passengers expected to be awaiting transportation and shall include an off-street loading area large enough to accommodate all vehicles providing transportation. Loading of transportation vehicles larger than a passenger car or light truck on the public right-of-way shall not be permitted. (vii) Personal or business service. A. Tattoo parlors are subject to regulation pursuant to New York State Public Health Law Article 4-A, Albany County Local Law 4 for 1999, or other such prevailing regulations. B. Tanning facilities are subject to regulation pursuant to New York State Public Health Law, Article 35-A or other such prevailing regulations. (viii)Professional office. (Reserved) (iv) Trade school. 52 (Reserved) (e) Recreation and entertainment. (i) Adult entertainment. A. Adult entertainment uses shall be located at least 1,000 feet from a religious institution, a school, a residential zoning district or a park, playground or playing field. B. Adult entertainment uses shall be located at least 1,000 feet from another adult entertainment use. C. Adult entertainment uses shall not exceed 10,000 square feet of gross floor area. (ii) Indoor recreation or entertainment. A. A conditional use permit is required for any indoor recreation or entertainment use that is to be located adjacent to a residential zoning district and will exceed 3,000 square feet gross floor area. B. A conditional use permit is required for any indoor recreation or entertainment use that will exceed 15,000 square feet gross floor area. (iii) Outdoor recreation or entertainment. A. A conditional use permit shall be required for outdoor recreation or entertainment use that is to be located adjacent to any residential zoning district. (f) Retail. (i) Adult retail. A. Adult retail uses shall be located a minimum of 1,000 feet from a religious institution, school, residential zoning district, park or playground. B. Adult retail uses shall be located a minimum of 1,000 feet from another adult entertainment or adult retail use. C. No adult retail use shall exceed 10,000 square feet of gross floor area. (ii) Convenience retail. A. No convenience retail use shall be located within 1,000 feet of another convenience retail use. B. The owner of the property shall keep on file with the Albany Police Department and the Department of Buildings and Regulatory Compliance the following information, and shall keep the information provided to those departments current at all times: 53 1. The name, address, telephone, and electronic notice information of the owner of the property and the operator of the convenience store (if it is not the property owner). 2. If the property owner resides more than 30 miles away from the property, the name, address, telephone, and electronic notice information for a designated local contact located closer to the property and authorized to accept and respond to any complaints about the operation of the property or business. C. Any use established or first occupying a property after June 1, 2017, shall be required to comply with the following standards before a certificate of occupancy will be issued. Any use established or first occupying a property before June 1, 2017, shall be required to comply with the following standards within two years after June 1, 2017. 1. Install a surveillance camera system with at least three cameras: one overlooking the cash register; one overlooking each public entrance to the convenience store; and one overlooking any on-site parking area. Cameras shall be operational 24 hours of each day or shall be triggered by motion detectors; recordings shall include the date and time the image was taken, and shall be retained for at least 30 days after each image is taken. Only the owner and facility operator shall have access to the recorded images. 2. Install a drop safe bolted to the floor near the cash register in a location visible by the security camera overlooking the cash register. 3. The building or site shall be designed to allow a clear line of site from the public right-of-way to each cash register area, and that clear line of site shall remain unobstructed by goods, materials, shelves, or anything hung from the ceiling or attached to a window or door. 4. Install trash receptacles in locations that are not visible from public rights-of-way. 5. Install signage near the front entrance (no larger than one square foot) that reads: "No Loitering." 6. The exterior of the premises shall be kept free of vending machines, merchandise and open storage. 7. Ensure that in compliance with § 375-409(4)(e), window signs do not obstruct more than 15% of any individual window, or collectively more than 10% of the window area on any story of the building, exclusive of any notices required by federal, state, or local law. 8. All original window openings must be transparent and comply with Subsection (4)(f)(ii)(C)(3) and (7) above. 9. Remove all litter from the premises, public sidewalks, curbs and alleys along the perimeters of the property, at least once each week. 10. Any convenience retail disallowed under the provisions of § 375-507(5) shall not be reestablished within one year or closure and shall require a conditional use permit to be reopened. (iii) General retail. 54 A. Merchandise may not be displayed, stored, or offered for sale on any yard adjacent to a residential district or within a public right-of-way. (iv) Controlled substance dispensary. A. Marijuana dispensary. 1. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as a New York State registered or licensed organization unless they are in compliance with New York State Public Health Law Article 33 or the New York State Cannabis Law and are registered or licensed as required by such laws, or are performing activities expressly exempt by such laws. B. Methadone dispensary. 1. This facility shall not be permitted in locations where its busiest hours of operation would cause significant traffic congestion on any public street at peak traffic hours, as determined by the Albany Police Department, unless the facility enters into an agreement with the City to schedule or limit hours of operation to avoid such significant traffic congestion. (v) Specialty retail. (Reserved) (vi) Supermarket. (Reserved) (g) Vehicles and equipment. (i) Automobile wash. A. This use shall be located a minimum of 400 feet from a residential zoning district. B. In addition to meeting the standard off-street parking and loading requirements, the establishment shall provide at least three off-street automobile waiting spaces on the lot in the moving lane to the automobile washing building entrance so as to reduce the number of automobiles waiting in the public right-of-way. (ii) Dispatch service. A. (Reserved) (iii) Freight truck terminal. A. (Reserved) 55 (iv) Heavy vehicle and equipment sales, rental and servicing. (Reserved) (v) Light vehicle sales or rental. (Reserved) (vi) Light vehicle servicing. A. All repair and service operations shall be performed within a fully enclosed building. B. No motor vehicles shall be stored and no repair work shall be conducted within a public right-of-way. C. In any zoning district, and notwithstanding any provision of § 375-406(8) (Walls and fences) and § 375- 406(9) (Screening of service areas and equipment) to the contrary, the use shall be screened along the side and rear lot lines by an opaque wall or fence of at least six feet in height and no more than eight feet in height. (vii) Parking lot, surface. A. This use must meet all requirements for location, layout, and design of parking lots in § 375-405 (Parking and loading). B. In those districts where a Conditional Use Permit is required, it shall be only in those cases where the parking lot use is to be established as the principal use of the land. A Conditional Use Permit shall not be required where parking is to be established as an accessory use. C. C. In the MU-CU zone district, no Conditional Use Permit shall be approved unless it is determined that the proposed parking lot: 1. Responds to a demonstrable parking need of the use or uses of a nearby property to be served, as evidenced by factors, including, but not limited to, recent or proposed investment in and improvements to the nearby property that will result in or has resulted in increased tenancy or patronage, and whether the use has otherwise provided the minimum parking required pursuant to Section 375-405(2)(a) or is anticipated to be used by other nearby properties; 2. The closest lot line for the proposed parking lot is no more than 300 feet from a lot line of the property to be served; 3. The property or properties to be used for the parking lot have been vacant or underutilized for at least five years and have no other immediate prospects for development; 4. For properties with a depth of 100 feet or greater, is designed in such a way that it does not foreclose the possibility of liner buildings being constructed along any street frontages, to the greatest degree practicable; and 56 5. Does not result in the demolition of buildings or structures having an economically viable use or reuse, as determined pursuant to the provisions of 375- 505(7) (Demolition Review) or a 375-505(4) Major Certificate of Appropriateness, whichever applies. (viii)Parking structure. A. A parking structure may not be located within 50 feet of a R-1L, R-1M, R-2, or R-T zoning district. B. This use must meet all requirements for location, layout, and design of parking structures in § 375-405 (Parking and loading). (ix) Transit facility. (Reserved) (x) Vehicle fueling station. A. Only one right-of-way access location per street frontage is permitted. B. All exterior light sources must be stationary and shielded, or recessed within the roof canopy, directed downward and away from adjacent residential districts and public streets. C. If this use includes convenience retail activities, it shall be subject to those use-specific standards in § 375-303(4)(f)(ii) (Convenience retail). (5) Industrial uses. (a) Commercial services. (i) Crematorium. (Reserved) (ii) Heavy commercial services. A. Outdoor storage shall only be permitted within the I-1 and I-2 Districts and shall be screened according to the standards set forth in § 375-406 (Landscaping, screening and buffering). (iii) Self-storage facility. A. All storage shall be kept within an enclosed building. B. Where the site is adjacent to a residential zoning district, a permanent screen shall be required and shall conform to the provisions § 375-406 (Landscaping, screening and buffering). 57 C. Storage of feed, fertilizer, grain, soil conditioners, pesticides, chemicals, explosives and other hazardous materials, asphalt, brick, cement, gravel, rock, sand and similar construction materials, inoperable vehicles, or bulk storage of fuels is prohibited. D. The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances and other similar equipment shall be prohibited, other than for the repair and maintenance of the facility itself. E. In all zoning districts except the MU-CH, I-1, and I-2 Districts, this use must be conducted in a facility where access to individual storage units is from an internal hallway or walkway. The facility shall not permit individual storage units to be accessed through doorways or garage doors accessed from outside a principal or accessory building; however, the facility may include garage doors allowing access to internal vehicle loading/unloading areas that do not serve as storage areas. (iv) Storage and wholesale distribution. A. Aboveground installations shall be enclosed within a chain-link fence with a minimum height of six feet and a minimum of two gates on opposite ends. B. All outdoor storage facilities shall be enclosed by a solid fence or wall six feet in height and not less than 10 feet from each lot line adequate to conceal such facilities and the contents stored from adjacent properties. C. No materials or wastes shall be deposited on any premises in a manner that they may be transferred off such premises by natural causes or forces. D. All materials or wastes that might cause fumes, dust, that constitute a fire hazard, or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, weather-tight containers. E. Storage of inflammable, explosive liquids and gases, including but not limited to liquefied petroleum, shall comply with the New York State Uniform Fire Prevention and Building Code, and shall require the approval of the Albany Fire Department (in addition to compliance with all other provisions of this USDO). F. In all other respects, the standards as set forth in Standard No. 58 of the National Fire Protection Association shall apply to this use. G. Outdoor storage shall only be permitted within the I-1 and I-2 zoning districts and shall comply with the screening standards in § 375-406 (Landscaping, screening and buffering). H. This use may not be located in areas where truck access to or from the property is through local streets. (b) Manufacturing, processing and extraction. (i) Artisan manufacturing. 58 A. No outdoor storage shall be permitted except in the I-1 and I-2 Districts. (ii) Heavy manufacturing. A. All mining and related operations shall comply with Chapter 211, Article III (Mining Operations) of the City Code. (iii) Light manufacturing. A. No outdoor storage shall be permitted except in the I-1 and I-2 Districts. (iv) Marijuana manufacturing facility. A. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as a New York State registered organization unless it has complied with Article 33 of the New York Public Health Law and this USDO, and is registered by the New York State Department of Health. B. A registered organization shall only manufacture approved medical marijuana products in accordance with Article 33 of the Public Health Law. C. A registered organization shall only manufacture approved medical marijuana products in an indoor, enclosed, secure facility. D. A registered organization shall not dispense approved medical marijuana products from the same location where the marijuana is grown or manufactured. E. All marijuana manufacturing facilities shall have a security system to prevent and detect diversion, theft, or loss of marijuana and/or medical marijuana products, using commercial grade equipment. F. Marijuana manufacturing facilities shall be restricted to only a single external sign with only black and white colors that shall not be illuminated at any time. (c) Waste and salvage. (i) Recycling dropoff center. (Reserved) (ii) Landfill. A. Hazardous waste material or natural gas exploration and production wastes shall not be deposited in any landfill facility. (iii) Vehicle towing, wrecking or junkyard. A. Vehicle towing, wrecking or junkyard uses shall not be located within 500 feet of any residential zoning 59 district. B. The location, design and operation of the use shall comply with all applicable provisions of § 136 of the New York State General Municipal Law. (iv) Waste/recycling processing facility. A. All scrap metal processing facilities shall be licensed as required by Chapter 239 of the City Code. (6) Accessory uses. (a) Accessory dwelling unit. No accessory dwelling unit shall be allowed until stated otherwise. (b) Alternative energy generation equipment. (i) Installations of solar energy equipment in the MU-NE, MU-NC and residential zoning districts shall comply with the following requirements: A. Placements of solar collectors on a gabled, hipped, or mansard roof shall be mounted parallel to and no more than 12 inches from the roof surface, and shall not extend more than 18 inches above the maximum permitted building height in the zoning district. B. Placement of solar collectors on flat roofs shall be allowed in nonhistoric districts, provided that panels do not extend more than 18 inches above the maximum building height permitted in the zoning district, or 18 inches above the existing structure, whichever is less. C. Installations in designated historic districts shall require a certificate of appropriateness from the Historic Resources Commission under § 375-505(4) (Certificate of appropriateness). D. Installations of rooftop and building-mounted solar energy equipment in all other districts shall be permitted as an accessory use. E. Building-integrated photovoltaic (BIPV) systems shall be permitted in all districts subject to all necessary permit and Building Code requirements. F. Solar energy equipment shall be located in a manner to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors. (ii) Ground-mounted solar collectors are permitted as accessory structures in all zoning districts, subject to the following requirements: A. The solar collector is located in a side or rear yard. B. The location of the solar collector meets all applicable setback requirements for accessory structures as identified in § 375-401 (Dimensional standards) or § 375-402 (Form-based zoning standards), as applicable. 60 C. The solar collectors do not emit unreasonable glare and negatively impact adjacent properties. (iii) If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment no later than 90 days after the end of the twelve-month period. (iv) Wind energy-generating equipment may be installed in the side or rear yard area of any lot in the MU- CI, I-1, and I-2 zoning districts, may extend up to 30 feet above the maximum permitted building height in those districts, and shall be set back from structures on adjacent lots a distance at least equal to the height of the wind energy-generating equipment. (v) Wind energy-generating equipment may be installed in the rear yard area of any lot in any district other than the MU-CI, I-1, and I-2 zoning districts, but are subject to the requirements of § 375-401 (Dimensional standards) or § 375-402 (Form-based zoning standards), as applicable, and shall be set back from structures on adjacent lots a distance at least equal to the height of the wind energy- generating equipment. (c) Cabaret. (i) Dancing and/or the use of a disc jockey (DJ), karaoke machine, or live music entertainment that is amplified and/or performed by three or more people is permitted only where an establishment has sought and obtained a cabaret license from the City Clerk as set forth in Chapter 111 of the City Code. (d) Composting of household waste. (i) All compost containing food waste must be stored in weather-tight and rodent-proof containers. (ii) Materials placed in composting containers may contain only organic and inorganic nonhazardous household waste, and may not contain meat and meat by-products. (e) Customary accessory uses and related structures. (i) All customary accessory uses and structures must be clearly subordinate to the primary structure(s) and principal use(s) on the property. (ii) All customary accessory uses and structures shall comply with all dimensional regulations (i.e., building height, lot coverage, and setbacks) applicable to the primary structure(s) on the property unless this USDO provides a specific exception to those regulations. (iv) In any residential zoning district, a detached accessory structure shall not occupy more than 30% of a rear yard. (v) A driveway to provide access to premises in commercial or industrial districts shall not be permitted through residential districts. (f) Day-care home. 61 (i) No more than 10 children unrelated to the operator shall be kept on the premises. Up to three additional children over the age of two may be kept for up to two hours per day. Up to three additional school-age children may be kept on unscheduled days of school closings; provided that at no time shall more than 13 children unrelated to the operator be kept there at one time. (ii) The use shall be located in a dwelling used by the operator as their primary residence. (iii) The operator shall not employ more than one full-time (40 hours per week) assistant who does not reside on the premises or more than two half-time (20 hours per week) assistants who do not reside on the premises. (iv) No advertising or identification sign shall be placed on the premises. (g) Delivery service. (i) Businesses shall provide at least one off-street parking space per delivery vehicle or shall secure one dedicated on-street parking space per vehicle where approved by the City. (h) Drive-in or drive-through facility. (i) In addition to complying with all requirements for design, layout, and vehicle stacking distances in § 375-405 (Parking and loading), any menu boards or order stations that are not attached to the primary building shall be oriented so that light and sound impacts are directed away from any adjacent lot in a residential zoning district. (i) Electric vehicle charging station. (Reserved) (j) Home occupation. (i) The home occupation shall be located in the primary dwelling structure, or in an approved accessory building on the same lot, and shall not use more than 25% of the gross floor area of the dwelling unit or 500 square feet, whichever is less. (ii) The home occupation shall only be operated by the person or persons maintaining the primary dwelling structure as their primary residence. For purposes of this provision only, "person" shall be limited to a natural person and shall not include any corporation, partnership, firm, association, joint venture, or other similar legal entity. (iii) An approved home occupation shall automatically expire at such time as the operator no longer maintains the primary dwelling structure in which the home occupation is located as their primary residence. (iv) The home occupation use shall not display or create outside the building any evidence of the home occupation, except that one unanimated, nonilluminated flat or window sign having an area of not more 62 than one foot shall be permitted inside or affixed to the building on each street front of the lot on which the building is situated. (v) The home occupation shall not be conducted or advertised in a manner that generates a substantially greater volume of vehicular and pedestrian traffic than normally occurs in the residential district in which the home occupation is located. (vi) No more than one employee or assistant in addition to the home occupant may be engaged on the premises in the home occupation at any given time. No other partner, principal or professional may be employed on site. (vii) No alteration of the principal building shall be made that changes the character and appearance of the dwelling. (viii)There shall be no outdoor storage of equipment or materials used in the home occupation. (ix) Not more than one commercial vehicle shall be permitted in connection with any home occupation and shall be stored in an enclosed garage. (x) No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used. (xi) If the home occupation produces any visible or audible impacts beyond the lot line on which it is located (including arrival and departure of delivery vehicles), the portion of the occupation generating the visible or audible impacts shall only operate between 8:00 a.m. and 8:00 p.m. (xii) The following activities are not permitted as home occupations: A. Automobile, vehicle, small engine, or heavy equipment repair or storage. B. Dog grooming, care or boarding. C. Custom sign shop. D. Any business where the majority of revenue is from retail sales of goods to patrons who visit the premises to choose, purchase, or pick up those goods. E. Any business that requires delivery of goods or materials, or shipping of finished goods, in a truck with a gross vehicle weight over 10,000 pounds, or that generates more than 10 visits by a delivery truck of any size per week. (k) Rain barrel. (Reserved) (l) Satellite dish. 63 (i) The installation of satellite receiver dishes up to one meter in diameter is permitted in any zoning district, provided that the following conditions are met: A. Satellite dishes mounted on buildings or structures may not be installed on a street-facing facade of a building or structure unless such placement is required for reception of an acceptable signal, according to a written statement from a licensed, authorized installer on company letterhead that includes the installer’s signature. B. Satellite dishes mounted on the ground shall comply with setback requirements for accessory structures and shall be installed in a rear yard unless location in a side yard is required for proper functioning of the dish, in which case the satellite dish may be installed in a side yard or setback area. C. All satellite dishes must be of a neutral color, such as white or grey, or must be covered by a neutral color covering. D. No satellite dish shall be installed on a portable or movable structure, such as a trailer. E. No satellite dish antenna shall be visible between ground level and six feet above ground level from any public right-of-way abutting the lot. They shall be screened from view by a six-foot high wood fence, wall, or by natural evergreen vegetation. Berms may be employed in conjunction with the landscaping plan. (ii) Satellite dish antennas not in active service must be removed within 30 days of ending the service subscription. Proof of active service is demonstrated by a current invoice, or active contract, demonstrating such service to be in effect. (m) Sidewalk or outdoor cafe. (i) Cafes located within 300 feet of a residential district shall not be open for business before 8:00 a.m. and shall close by 11:00 p.m. (ii) Where Subsection (6)(m)(i) above does not apply, sidewalk or outdoor cafes located in nonresidential zoning districts shall not be open for business before 6:00 a.m. and shall close by 2:00 a.m., unless Article II, (Zoning Districts) establishes different hours of operation for nonresidential uses, in which case the provisions of Article II shall apply. (iii) Sidewalk or outdoor cafes shall not use music or noise amplification devices, and no music or entertainment of any type is permitted outdoors. (iv) No outdoor cooking of any type is permitted in sidewalk or outdoor cafes. (v) For sidewalk or outdoor cafes occupying a City property or right-of-way: A. A revocable sidewalk privilege must be obtained pursuant to § 375-505(18), or, if the City has not yet implemented the revocable street privilege procedure, then a sidewalk cafe permit must be obtained pursuant to Chapter 303 of the City Code. 64 B. All fixtures and furnishings must be of a temporary nature, and must be brought in and stored or stacked and secured during nonoperational hours. C. No objects, except a retractable awning and lighting fixtures, may be permanently attached to the exterior. D. All planters, railings and fences must be temporary and not exceed a height of four feet. E. No additional signage shall be permitted to be affixed to a cafe's temporary structures or accessories. F. At least four feet or 50% of the total sidewalk width, whichever is larger, shall remain free of all obstructions to allow for pedestrian passage. This measurement is made from the outermost point of the cafe to the unobstructed inner edge of the curb, excluding brick or grass carpets, United States mailboxes, fire hydrants, bus shelters, street trees, and other fixed objects. The Chief Planning Official or Corporation Counsel may require that a larger space be left unobstructed if necessary to accommodate anticipated pedestrian volume in that location. G. The area shall be cleaned, kept refuse-free, and no large containers for trash shall be placed on the cafe premises. H. Public property shall not be altered in any way during the term of the revocable street privilege. At the expiration of the term of the permit, all City-owned property shall be returned to the City in good condition, except for damage by the elements. The Chief Planning Official or Corporation Counsel may require the property owner to obtain and maintain liability insurance protecting the City from loss or damage based on Corporation Counsel's evaluation of potential risk to the City. (n) Storage shed. (i) In the residential zoning districts, the structure shall be no larger than 200 square feet in area. (o) Swimming pool. (i) When external to a structure, a swimming pool must be located in the rear yard of any principal structure, or may be located on a rooftop subject to the issuance of a Conditional Use Permit. (ii) The swimming pool must be a minimum of six feet from any side lot line and a minimum of 10 feet from a rear lot line. (iii) The swimming pool shall be enclosed in a manner consistent with the Building Code. Each pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices and shall be so located, constructed, and operated as to not interfere with the peace, comfort, and repose of the occupant of any adjoining property. This requirement does not apply to temporary pools with nonrigid walls designed to be filled by garden hoses rather than a piped water connection, provided that the pool is not designed to contain water more than 18 inches deep. (iv) No lighting or spotlighting shall be permitted that is capable of projecting light beyond the boundaries 65 of the lot on which said pool is located. (p) Telecommunications antenna as an accessory use. The following uses shall be permitted in any zoning district, subject to the issuance of a building permit: (i) The mounting of telecommunications antennas on the ground, or on a tower, building, utility pole, or light pole, provided that the following conditions are met. A. The antennas are enclosed, camouflaged, obscured, fully screened from view, or otherwise not readily apparent to a casual observer located on any abutting public right-of-way or open space; or B. The antennas are mounted on or in a permitted structure or building feature, such as a water tower, belfry, elevator, penthouse, or steeple, provided that the antennas do not increase the overall height of the structure and are fully screened from view or otherwise not readily apparent to a casual observer located on any abutting public right-of-way or open space; or C. The antennas are located on an existing wireless communications tower, provided that the antennas do not create a “substantial change” in the height or width of the existing tower, as defined in federal law, and are fully screened from view or otherwise not readily apparent to a casual observer located on any abutting public right-of-way or open space. (ii) The construction of an enclosed support structure designed to match the color and perceived façade texture of an existing adjacent accessory structure, provided that any support structure does not exceed the height of the adjacent support structure. (iii) The installation of antennas or towers on structures or land owned by the City. (q) Trash storage, outdoor. All trash and recycling storage accessory to all multi-unit buildings with more than four dwelling units and all buildings having a principal commercial or industrial use shall comply with the following standards: (i) The enclosure shall be enclosed on all sides so as not to be visible from a public street or other publicly accessible area. At least one side of the enclosure must include a gate or door that can be securely closed. (ii) For multi-unit uses only, the required enclosure shall be sufficient based on the number of units, compaction capability, and frequency of trash pick-up. (iii) The enclosure shall not be located in any front yard, side yard, or other landscaped area, or any other area required to be maintained by applicable law. (iv) The enclosure shall be architecturally compatible to the primary structure(s) and constructed using similar or compatible materials. (v) If the trash or recycling enclosure is located within 50 feet of a residential zoning district, removal of trash or recycling materials by a commercial contractor is prohibited between the hours of 11:00 p.m. 66 and 6:00 a.m. (vi) Outdoor trash storage must be secured from wildlife. (7) Temporary uses. (a) Farmers' market. (i) Temporary farmers' markets shall be permitted to operate no longer than 10 hours per week. (ii) There shall be no offensive odors or dust and there shall be no permanent outdoor storage of equipment or products. (b) Mobile vendor. (i) Mobile vendors that serve food or drinks shall be required to obtain a permit from the Albany County Department of Health pursuant to Part 14-4 of the New York State Sanitary Code and Article IV of the Albany County Sanitary Code, or other such prevailing regulation. (ii) The operator shall have the written consent of the property owner to conduct the activity. (iii) A mobile vendor may locate in a nonresidential zoning district along the perimeter of an approved off- street parking area or upon a lot that has remained in an undeveloped condition for a period in excess of two years. (iv) A mobile vendor shall not operate from a single private property for a period in excess of 30 days unless a conditional use permit is obtained under § 375-505(6). (v) If the mobile vendor serves food or drinks, waste receptacles shall be provided, and waste shall be removed daily from the site by the mobile vending operator. (vi) Outdoor seating may be provided, but none shall be permanently installed. Provision of seating on public rights-of-way shall require approval of a revocable street privilege under § 375-505(18). (c) Portable storage container. (i) Portable storage containers are prohibited upon a lot within a residential zoning district or upon an undeveloped lot, except where the containers provide necessary storage for an active construction project, are necessitated by an unforeseen and uncontrollable event, or to assist in moving in or out of a residence. (ii) A portable storage container shall not be placed on any property more than two times per calendar year and not more than 30 days at a time. The Chief Building Official may approve an extension of up to three months for good cause shown. (iii) All portable storage containers shall be securely closed when not in use. No materials, property, or 67 goods shall be stored outside of a container during the hours between sunset of one day and sunrise of the next day, except if the container is being used in conjunction with construction, and in such case only construction materials may be left outside of the container. (d) Temporary construction office or yard. The temporary use shall be permitted from the time a building permit is approved until 30 days after a certificate of occupancy is issued. (e) Temporary real estate sales/leasing office. (i) This use shall be located on property being sold or leased and limited to a period of sale or lease, but not exceeding two years. (ii) The temporary use shall be permitted from the time a building permit is approved until 30 days after a certificate of occupancy is issued. (f) Temporary/seasonal sales. (i) In any residential zoning district, not more than six garage or estate sales, each lasting no longer than 72 hours, shall take place within one calendar year at any residence. (ii) A temporary art installation or pop-up facility that does not include retail sales activity is permitted for a period of no longer than one calendar week in any zoning district. (7) Residential conversions. (a) Conversion of a detached dwelling. No detached dwelling may be converted to increase the total number of dwelling units within the building without approval of a Conditional Use Permit and unless the following standards are met: (i) The lot on which the dwelling structure is located contains at least the minimum lot area required in the applicable zoning district. (ii) The conversion will not result in a total number of dwelling units that exceeds the maximum number allowed in the applicable zoning district. (iii) Upon application, the dwelling structure contains no fewer than 800 square feet of improved gross floor area for each existing and proposed dwelling unit. (iv) Any external alterations to the building proposed in accommodation of the conversion comply with §375-407 (Building and streetscape design). (b) Conversion of a townhouse dwelling. No townhouse dwelling in the R-T zoning district may be converted to increase the total number of dwelling units within the building without approval of a Conditional Use Permit and unless the following standards are met: (i) The lot on which the dwelling structure is located contains at least the minimum lot area required in the 68 applicable zoning district. (ii) The conversion will not result in a total number of dwelling units that exceeds maximum number allowed in the applicable zoning district . (iii) Any external alterations to the building proposed in accommodation of the conversion comply with §375-407 (Building and streetscape design). (iv) In the R-T zoning district: A. Each existing and proposed unit shall occupy a minimum 80% of a building story, or have a minimum of 1,000 square feet of gross floor area; B. A building story must be a minimum of 50% above the finished grade along the front of the building in order to be occupied by a dwelling unit. C. The design shall incorporate an enclosed area outside of the public right-of-way for the storage of trash containers. Article IV Development Standards § 375-401 Dimensional standards. (1) Applicability. (a) Unless otherwise stated in this USDO, the requirements in this § 375-401 shall apply to all buildings, lots, and land in all zoning districts. (b) No development plan shall be approved and no permit shall be issued for the erection or occupancy of a building or structure unless the development conforms to the dimensional standards of this § 375-401. (c) No part of a yard or other open space required to comply with the provisions of this § 375-401 shall be counted towards meeting the yard or open space requirements of another building. (d) If the provisions of this § 375-401 conflict with the provisions of § 375-402 (Form-based zoning standards) applicable to the MU-FW, MU-FC, MU-FS, or MU-FM zoning districts, the provisions of § 375-402 shall apply. (2) General standards. (a) Setback and yard requirements. 69 (i) In all zoning districts except the MU-FM, MU-FC, MU-FS, and MU-FM districts, minimum building setbacks shall apply to all portions of each building, except for encroachments and exceptions permitted by § 375-401(6). (ii) The building setback areas required under this Article IV shall be unobstructed from their lowest point to the sky, except for fences, landscaping, and other building features specified in this Article IV. (iii) Accessory structures shall comply with required front setbacks for the principal building to which they are accessory. (iv) Accessory structures shall be set back a minimum of two feet from side and rear lot lines, excepting the following circumstances: A. Where § 375-401(6) (Encroachments and exceptions) permits a smaller exception; and B. In the R-T District, side and rear setbacks shall not apply. (v) In addition to the dimensional standards in this article, landscaped buffers may be required per § 375- 406. (b) Right-of-way encroachment. Any encroachments into the public right-of-way shall require approval by the City and an agreement with the City that the property owner(s) shall accept any and all liability for accidents or damage occurring in the public right-of-way due to the encroachment or related activity. (c) Number of principal structures per zone lot. In the R-1L, R-1M, R-2, R-T, and R-M Districts, only one principal structure is permitted on a platted lot. In other zoning districts, more than one principal structure is permitted on a platted lot if each principal structure complies with all applicable dimensional standards or with the provisions of an approved district plan. (d) Impervious surface. Because some areas of the City are subject to combined sewer overflows and to surface stormwater flooding, it is important that the maximum amount of impervious surface on each lot is carefully regulated. Each dimensional table in Subsection (3) below contains maximum impervious surface limits designed to reduce off-site flows into the City's stormwater system by allowing a significant percentage of rainfall to infiltrate into the soil on individual lots and parcels. (e) Emergency vehicle access. All buildings or groups of buildings in all zoning districts shall be constructed with an approved emergency vehicle access. Access to any building or structure that does not abut a public right-of-way shall have a width of at least 20 feet and vehicle clearance of 14 feet. (3) Dimensional Standards Summary Tables. (a) Residential districts. Dimensional standards for residential zoning districts are shown in Table 375.401.1 below. 70 Table 375.401.1 Residential District Dimensional Standards Zoning District R-1L R-1M R-2 R-T R-M R-V Lot Standards 6,500 3,500 2,250 1,150 Lot area, minimum N/A N/A square feet square feet square feet square feet Lot depth, minimum 110 feet 100 feet 90 feet 55 feet N/A N/A [1] [1] [1] Lot width, minimum 70 feet 40 feet 25 feet 18 feet [1] 22 feet [1] 100 feet [1] Impervious lot coverage, 30% 40% 70% 80% 80% 50% maximum Setbacks Front yard, minimum 25 feet [2] 15 feet [2] 10 feet [2] 0 feet [2] 0 feet [2] 10 feet [2] Side yard, minimum 5 feet 0 feet [3] 0 feet [3] 0 feet 0 feet [3] 15 feet Combined side yards, 10% of lot 20 feet 10 feet 0 feet 0 feet [4] 40 feet minimum width Side yard, maximum N/A N/A N/A 3.5 feet N/A N/A 20% of lot 10% of lot Rear yard, minimum 40 feet 25 feet 15 feet 20 feet depth depth Building height [5] Principal structure [7] Height, maximum (stories) 2.5 stories 2.5 stories 2.5 stories 3.5 stories 4 stories 5 stories [6] [6] Height, maximum (feet) 35 feet 35 feet 35 feet 45 feet 55 feet 65 feet Accessory structure Height, maximum (stories) 1.5 stories 1.5 stories 1.5 stories 1.5 stories 1.5 stories 1.5 stories Height, maximum (feet) 16 feet 16 feet 16 feet 16 feet 16 feet 16 feet Number of dwelling units 1 per 750 square feet Per building Dwelling units, maximum 1 1 2 3 [8] of gross code floor area NOTES: [1] For infill development, where more than 50% of the lots on a block face are improved with a principal structure, each lot shall have a minimum width equal to no less than 75% of the established minimum. [2] Where the subject lot is adjacent to a developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots. [3] Structures must be setback a minimum of 3 feet from any principal building on abutting lot. [4] Where the subject lot has one or more adjacent lots facing the same street with a primary building between one and five feet from the side lot line, the required side setback on the subject lot shall not be closer than the side setback on the adjacent improved lot. 71 Table 375.401.1 Residential District Dimensional Standards Zoning District R-1L R-1M R-2 R-T R-M R-V [5] Building height cannot exceed either the specified number of stories or feet and the more restrictive shall control. [6] The height of any principal structure shall be limited to 3 stories or 35 feet in height for the portions of the structure: 1. Within 100 feet of a side or rear lot line of an abutting R-1L or R-1M zoning district. 2. Within 25 feet of a side or rear lot line of an abutting R-2 zoning district. [7] Any portion of a principal structure located within 500 feet of an abutting R-1L or R-1M zoning district boundary is limited to a maximum of three stories or 40 feet in height. [8] One dwelling unit is allowed per non-commercial building story, up to 3. (b) Mixed-use districts. The dimensional standards for the mixed-use districts other than the MU-FW, MU- FC, MU-FS, and MU-FM Districts are shown in Table 375.401.2. The dimensional standards for the MU-FW, MU-FC, MU-FS, and MU-FM districts are shown in § 375-402 (Form-based zoning standards). Table 375.401.2 Mixed-Use District Dimensional Standards Zoning District MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI Lot Standards Lot width, minimum 22 feet 20 feet 20 feet 50 feet 20 feet 80 feet Impervious lot coverage, 70% 90% 90% 80% 100% 60% maximum Setbacks [1] Front yard, minimum 0 feet 0 feet 0 feet 0 feet 0 feet 0 feet [1] Front yard, maximum 10 feet 10 feet 10 feet 100 feet 10 feet 20 feet [2] Side yard, minimum 3 feet 0 feet 0 feet 10 feet 0 feet 0 feet Combined side yards, [2] 8 feet 0 feet 0 feet 20 feet 0 feet 0 feet minimum [3] [3] [3] [3] Rear yard, minimum 0 feet 0 feet 0 feet 20 feet 0 feet 0 feet Building height [4] Principal structure [5] [6] [7] Height, maximum (stories) 3 stories 3 stories 5 stories 5 stories N/A 8 stories [5] [5] [7] [7] [7] Height, maximum (feet) 40 feet 40 feet 75 feet 75 feet N/A 105 feet 72 Table 375.401.2 Mixed-Use District Dimensional Standards Zoning District MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI Accessory structure Height, maximum (stories) 1.5 stories 1.5 stories 1.5 stories 1.5 stories 1.5 stories 1.5 stories Height, maximum (feet) 16 feet 20 feet 20 feet 20 feet 20 feet 20 feet Number of dwelling units 1 per 750 square feet of Dwelling units, maximum N/A N/A N/A N/A N/A gross floor area NOTES: [1] Where the subject lot is adjacent to a developed lot facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the principal building on either of the adjacent lots. [2] Where the subject lot has one or more adjacent lots facing the same street with a primary building between one and five feet from the side lot line, the required side setback on the subject lot shall not be closer than the side setback on the adjacent improved lot. [3] Where the site abuts a residential zoning district, the required rear yard setback is 15 feet. [4] Building height cannot exceed either the specified number of stories or feet and the more restrictive shall control. [5] Where the subject lot abuts a zoning district with an allowable height of 3.5 stories or taller, the maximum height allowance shall be 4 stories or 55 feet. [6] See § 375-505(9) (Design review of tall buildings). [7] The height of any principal structure shall be limited to 3 stories or 35 feet in height for the portions of the structure: 1. Within 100 feet of a side or rear lot line of an abutting R-1L or R-1M zoning district. 2. Within 25 feet of a side or rear lot line of an abutting R-2 zoning district. (c) Special purpose districts. The dimensional standards for special purpose districts are shown in Table 375.401.3 below. Table 375.401.3 Special Purpose District Dimensional Standards Zoning District I-1 I-2 LC Lot Standards Lot width, minimum 25 feet 50 feet N/A Impervious lot coverage, maximum N/A N/A 10% Setbacks Front yard, minimum 0 feet 10 feet N/A Side yard, minimum 10 feet 15 feet N/A [1] [2] [3] Rear yard, minimum 20 feet 40 feet N/A Building Standards [4] 73 Table 375.401.3 Special Purpose District Dimensional Standards Zoning District I-1 I-2 LC Principal structure Height, maximum (stories) 3 stories n/a 2 stories Height, maximum (feet) 40 feet 85 feet [5] Accessory structure Height, maximum (stories) 3 stories n/a 1.5 stories Height, maximum (feet) 40 feet 85 feet 20 feet Number of dwelling units 1 per 750 square feet Dwelling units, maximum N/A N/A of gross floor area NOTES: [1] Where the site abuts a residential zoning district and the use is not completely enclosed within a building, the required rear yard setback is 100 feet. [2] Where the site abuts a residential zoning district and the use is not completely enclosed within a building, the required rear yard setback is 200 feet. [3] Where the site abuts a residential zoning district, the required rear yard setback is 20 feet. [4] Building height cannot exceed wither the specified number of stories or feet. [5] Any portion of a principal structure located within 100 feet of an abutting residential zoning district boundary is limited to a maximum of 3 stories or 40 feet in height. (4) District Plans. (a) Applicability. A qualifying project may choose to obtain approval of a district plan from the City as set forth in § 375-505(8) (District plan approval). (b) The district plan shall include the option for a phased development plan. If phases are identified, the Chief Planning Official shall have authority to determine whether the district plan requirements shall apply to each phase independently, or to the project as a whole. (c) Each district plan shall meet the following standards: (i) The minimum side and rear setbacks in § 375-401(3) (Dimensional standards) shall only apply to the outer edges of the district plan, and shall not apply to individual lots and structures in the district plan. (ii) The minimum lot width standard in § 375-401(3) (Dimensional standards) shall only apply to the width of the district plan area as a whole, and not to individual lots. (iii) The maximum impervious lot coverage in § 375-401(3) (Dimensional standards) shall apply to the district plan area as a whole, and not to individual platted lots. (iv) The parking and loading standards in § 375-405 shall apply to the district plan area as a whole, and not to individual lots or structures. 74 (v) The side and rear lot line buffer requirements of § 375-406(5) shall only apply to the outer edges of the district plan, and not to individual lots and structures within the district plan area. (5) Incentives and affordable housing requirements. The following incentives apply to new development and redevelopment in the R-M, mixed-use, and special purpose zoning districts. Inclusion of the following types of building or site features will enable the applicant to vary the dimensional standards otherwise applicable to the project as described in this § 375-401(4). Only one of these incentives may be used on a single lot or parcel. (a) Energy efficient development. New development of a principal building that is registered, designed, and documented for a LEED Platinum or LEED Gold certification, or equivalent as determined by the Chief Planning Official, shall receive the following benefits: (i) The project may increase the maximum impervious lot coverage by 20%; and (ii) The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential zoning district other than the R-M District by one story. (b) Affordable housing requirement. New residential or mixed-use development of a site in which at least 20% of all new dwelling units are rent or deed restricted so that they are affordable to households earning no more than 80% of the area median household income for the City of Albany shall receive the following benefits: (i) The minimum number of off-street parking required by § 375-405 shall be reduced by 20%; and (ii) The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential zoning district other than the R-M District, by one story. (6) Encroachments and exceptions. The encroachments into required setbacks and exceptions to height limits shown in Table 375.401.4 are permitted. Table 375.401.4 Exceptions and Encroachments Structure or Feature Encroachment Allowance Encroachments Into Required Setbacks Front Side Rear Accessory clotheslines, play equipment, and rainwater No Yes Yes harvesting barrels Accessory rain garden or rain barrel Yes Yes Yes Architectural features (sills, belt courses, eaves, 3 feet 3 feet 3 feet cornices, chimneys, bay windows) Alternative energy equipment, geothermal Yes Yes Yes Up to 5 feet Up to 2 feet from Alternative energy equipment, solar No from rear lot side lot line line Alternative energy equipment, wind No Up to 2 feet from Up to 5 feet 75 Table 375.401.4 Exceptions and Encroachments Structure or Feature Encroachment Allowance side lot line from rear lot line Awnings and canopies 4 feet 4 feet 4 feet Up to 2 feet Up to 2 feet from Composting bin No from rear lot side lot line line Little library or little pantry (no more than 4 cubic feet Up to 1 foot from No No in enclosed area) front lot line Minor residential structure that is less than 18 inches 6 feet 5 feet 2 feet above grade Minor residential structure, temporary placement less Yes Yes Yes than 10 consecutive workdays 10 feet or 50% of 6 feet or 50% of 10 feet or 50% Porch, unenclosed the required the required of the required setback [1] setback [1] setback [1] Up to 2 feet from Up to 5 feet Satellite dish antenna No [2] lot line [2] from lot line [2] Secondary means of escape, unenclosed or lattice- No 5 feet [3] 5 feet [3] enclosed stairs, fire escapes Walls and fences Yes Yes Yes Exceptions to Building Height Limits Encroachment Structure or Feature Allowance Chimneys, flagpoles; ornamental towers; religious institution spires; towers; belfries; 25 feet monuments; television and radio antennas Unoccupied roof structures for the housing of elevators, stairways, air-conditioning apparatus, cooling towers, ventilating fans, skylights, or similar equipment to operate 10 feet and maintain the structure Alternative energy equipment, solar 1.5 feet Alternative energy equipment, wind 30 feet [4] Parapets 4 feet NOTES: [1] When a porch encroaches into a required setback, no side of the porch that is adjacent to the primary structure may be more than 50% enclosed by opaque walls, windows, or screens. [2] Except as required to comply with the Federal Telecommunications Act. [3] Except as required to comply with the Uniform Fire Code or Americans with Disabilities Act. [4] Not applicable in residential zoning districts. § 375-402 Form-based zoning standards. (1) General standards. (a) Purpose and intent. This § 375-402 contains standards that apply to the MU-FW, MU-FC, MU-FS, and MU-FM zoning districts, specifying standards for buildings that impact walkability and the quality of the public realm as well as parking requirements and the design of signage, lighting, and public open 76 space. (b) Applicability. The provisions of this § 375-402 apply to all development in the MU-FW, MU-FC, MU- FS, and MU-FM zoning districts that involves the construction of a new principal structure on the site, except: (i) Where § 375-506 (Preexisting development and nonconformities) permits the continued use and/or expansion of a structure without compliance with some or all of the standards of this USDO; and (ii) Where the structure is a landmark designated by the City, in which case the standards of § 375-206(1) (HR-O Historic Resources Overlay) and procedures related to historic landmarks in Article V (Administration and Enforcement) shall apply. (c) New buildings. (i) Building materials. A. Masonry walls, whether load-bearing or veneer, should be of brick, natural stone, manufactured or cultured stone, cast stone, decorative CMU, or products of similar quality of manufacture. Brick masonry should generally be comprised of a standard unit size and height, and may be painted. B. Permitted siding types include horizontal lap siding of wood or composition board (such as Hardiplank), vertical board and batten of wood or composition board (such as Hardiplank), or shingles of wood or composition board (such as Hardiplank). Vinyl siding is not permitted. All siding types must incorporate vertical corner boards on outside building corners. Corner boards should be a minimum of three inches in width. C. Surfaces finished in stucco should be smooth in texture and painted. Sprayed-on stucco finishes and stucco panels (prefabricated stucco board) are prohibited. D. When materials are combined on a building facade horizontally, heavier materials must naturally occur below lighter materials. E. E.I.F.S., Fiberglass (as cornice material), and composite materials must be located out of reach of pedestrians and must visually appear to have a hand-troweled finish. F. Cornices shall be required on all buildings to delineate the tops of the facades. Cornices shall include roof overhangs or eaves where a sloped roof meets the top of a wall and shall either extend a minimum of 12 inches beyond the wall plane, or include jogs in the surface plane of the building wall greater than 12 inches. (ii) Brick and masonry detailing. A. Headers. 1. All openings in masonry construction shall be spanned by a header. 77 2. Permitted header forms shall be the lintel, arch, and jack arch. The header shall visually appear able to carry the wall load above. 3. Headers may be comprised of a variety of materials. Permitted materials include: brick, stone, cast stone, reinforced cast concrete, wood, and metal. 4. All headers on a building shall be of a matching style and material. 5. Headers shall be a minimum of four inches in height and shall be slightly wider than the opening they span. B. Sills. 1. All window and door openings in masonry construction shall have a sill at their base. 2. Sills shall be generally rectangular in form, and slope slightly away from the opening to shed water. 3. Sills may be comprised of a variety of materials. Permitted materials include: brick, stone, cast stone, and concrete. All sills on a building shall be of a matching style and material. 4. Sills shall be a minimum of two inches in height and should project from the wall surface a minimum of 1/2 inch beyond the vertical casing. Sills shall be slightly wider than the opening, the same as the header. C. Caps. 1. A cap shall protect the tops of all masonry structures exposed to the weather, including garden walls, stair treads, planter edges, parapets, and freestanding piers. 2. Caps shall be comprised of stone, cast stone, brick, concrete, or slate. 3. The edges of caps may be rectangular, or may be more ornate. 4. Caps shall project past the edge of the masonry structure below by a minimum of 1/2 inch. (iii) Wide buildings. A. The primary facade of buildings wider than 150 feet shall be varied with a change of architectural expression. B. These changes in expression may be a vertical element running from the ground plane to the roof, a change in fenestration, color, or texture, or a break in building facade plane or roofline. C. These changes may be subtle or significant, but should soften the visual effect of very wide buildings directly across the street from narrower buildings and in general, continue the rhythm of the existing buildings. 78 (iv) Roof forms. A. Roof types shall be typical to the chosen style of building. These permitted roof types may include gable, Dutch gable, hipped, shed, barrel vaulted, domed, and mansard. Shed roofs shall be concealed with parapets along the street frontage. Applied mansard roofs are not permitted. B. Ensure that visible roofs are designed to complement the composition and form of the building. C. Rooftop mechanical or other equipment that does not contribute to the overall design intent must be screened from public view utilizing screening techniques that either blend with the building or complement its design. (v) Frontage elements. Frontage elements are semiprivate elements of the building typically located in the area between the primary facade and the lot line. Frontage elements may occur forward of the build-to zone or setback. In some instances, such as galleries and arcades, they may encroach into the right-of- way with City approval. The following are common frontage elements and the basic standards for those elements: A. Arcade. A frontage element with a colonnade supporting habitable space that overlaps the sidewalk, while the building facade at sidewalk level remains at or behind the build-to zone or setback. This frontage element type is conventional for retail uses. 1. Minimum arcade depth: 10 feet (measured from face of building to inside column face). 2. Minimum underside clearance: 10 feet. 3. Length: 75% to 100% of building frontage. 4. Arcades shall be supported by columns, piers or arches. Support columns can be spaced no farther apart than they are tall. 5. Arcades shall occur forward of the build-to zone or setback and may encroach within the right-of-way with the approval of the City. When an arcade extends over a public sidewalk, the property owner may be required to enter into a right-of-way agreement, in a form acceptable to the City, establishing the property owner's sole responsibility for repairing any damage that may result from public maintenance or improvements. 6. Arcades shall not extend closer than two feet from the curbline, nor farther than five feet from the curbline. 7. Enclosed usable space shall be permitted above the arcade, and within the right-of-way with the approval of the City. 8. On corner lots, arcades may wrap around the side of the building facing the secondary street. B. Gallery. A frontage element in which the building facade is aligned close to the lot line with an attached 79 cantilevered shed or a lightweight colonnade overlapping the sidewalk. This frontage element type is conventional for retail use. [Image] 1. Minimum gallery depth: eight feet (measured from face of building to inside column face). 2. Minimum underside clearance: nine feet. 3. Length: 75% to 100% of building frontage. 4. Support columns can be spaced no farther apart than they are tall. 5. Galleries shall occur forward of the build-to zone or setback and may encroach within the right-of-way with approval of the City. When a gallery extends over a public sidewalk, the property owner may be required to enter into a right-of-way agreement, in a form acceptable to the City, establishing the property owner's sole responsibility for repairing any damage that may result from public maintenance or improvements. 6. Galleries shall not extend closer than two feet from the curbline, nor farther than five feet from the curbline. 7. Galleries shall be only one story in height and may have flat or pitched roofs, up to a slope of 8:12. 8. On corner lots, galleries may wrap around the side of the building facing the secondary street. 9. Open balconies are permitted on galleries above the sidewalk level. C. Shopfront. A frontage element in which the building facade is aligned close to the lot line with the building entrance at sidewalk grade. This frontage element type is conventional for retail use. [Image] 1. A habitable space at least 15 feet in depth shall be provided behind each shopfront on the primary facade. 2. Shopfronts shall have an expression line between the first and second story. Expression lines shall either be moldings extending a minimum of two inches outward from the primary facade, or jogs in the surface plane of the building wall greater than two inches. 3. The entrances to all shopfronts shall be covered, either by an awning, canopy, second story balcony, arcade/colonnade, gallery, or by being inset into the main body of the building. 4. Entrances for public access shall be provided at intervals no greater than 50 feet, unless otherwise approved by the Chief Planning Official. 5. Shopfront doors shall contain at least 50% transparent glass. Solid doors are prohibited. 6. The top of all shopfront window sills shall be between one and three feet above the adjacent sidewalk. 80 7. Shopfront windows shall extend up from the sill at least eight feet above the adjacent sidewalk. 8. The ground story of a shopfront shall have untinted transparent storefront windows and/or doors covering no less than 50% of the wall area. See facade transparency for additional requirements. 9. Shopfront windows may not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space). Reflective and frosted glass is prohibited on shopfronts. Low emissivity glass with high visual light transmittance may be permitted. 10. Storefronts must remain unshuttered at night to provide views of display spaces and are encouraged to remain lit from within from dusk to dawn at minimum light levels to provide additional security to pedestrians. D. Stoop. A frontage element wherein the building facade is aligned close to the lot line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-story residential use. 1. Minimum stoop depth: four feet. 2. Minimum stoop length: four feet. 3. Minimum underside clearance: eight feet. 4. Minimum finished stoop floor height: at or up to eight inches below the first interior finished floor level, but not to exceed 42 inches above the finished grade of the sidewalk. 5. Stoops may extend into the right-of-way with the approval of the City, but the location of the stoop must leave at least five horizontal feet of the sidewalk unobstructed for pedestrian travel. 6. Stoop stairs may run to the front or to the side. 7. Stoops shall be covered, either with a roof, or area inset into the main body of the building. 8. Partial walls and railings on stoops may be no higher than 42 inches. E. Forecourt. A frontage element in which a portion of the building facade is close to the lot line and the central portion is set back. The forecourt created is suitable for vehicular dropoffs. This type shall be allocated in conjunction with other frontage element types. F. Terrace or light well. A frontage element in which the building facade is set back from the lot line by an elevated terrace or a sunken light well. This frontage element type tends to buffer residential uses from urban sidewalks and removes the private yard from public encroachment. Terraces are suitable for use or conversion to outdoor cafes. G. Porch. A frontage element type typically with a planted frontage along the applicant's side of the lot line in which the building facade may be set back from the lot line with an attached porch permitted to 81 encroach forward of the build-to zone or setback. A fence or low knee wall may be located at the lot line to maintain street spatial definition. 1. Minimum porch depth: eight feet (measured from face of building to inside column face). 2. Minimum underside clearance: eight feet. 3. Minimum finished porch floor height: at or up to eight inches below the first interior finished floor level not to exceed 42 inches above the finished grade of the sidewalk. 4. Front porches may occur forward of the build-to zone or setback, but shall not extend into the right-of- way or any easement. 5. Side porches may extend past the side setback requirements, but not into any easement or public right- of-way. 6. Porches that encroach into applicable setback requirements, as described in Subsection (1)(c)(vii)G4 and 5 above, must comply with the conditions applicable to unenclosed porches in § 375-401(6) (Encroachments and exceptions). 7. Front and side porches may be screened; however, if screened, all architectural expression (columns, railings, etc.) must occur on the outside of the screen (facing a street or public space). H. Additional shading of sidewalks. 1. Each building with a shopfront on the ground story is required to have awnings, balconies, colonnades, or arcades facing the primary streets. When providing a required awning or balcony, or one that extends into a public right-of-way, the following design requirements apply: a. Awnings. i Awnings over ground-story doors or windows minimum depth: five feet. ii Minimum underside clearance: eight feet. iii Awnings must extend over at least 25% of the width of the primary facade or over the full width of all windows and transparent portions of the primary facade. iv Back-lit, high-gloss, or plasticized fabrics are prohibited. b. Second-story balconies. [Image] i Minimum depth: six feet. ii Minimum underside clearance: 10 feet. 82 iii Balconies must extend over at least 25% of the width of the primary facade. iv Balconies may have roofs but must be open toward the primary and secondary street. c. A colonnade or arcade may extend forward of the build-to zone and over public sidewalks, provided that it maintains two feet of horizontal clearance from the curb. d. When an awning, balcony, colonnade, or arcade extends over a public sidewalk, the property owner may be required to enter into an agreement in a form acceptable to the City, establishing the property owner's sole responsibility for repairing any damage that may result from public maintenance or improvements. (d) Specialty buildings. Within the MU-FW, MU-FC, MU-FS, and MU-FM Districts, the following criteria shall be applied to ensure that any auto-oriented uses permitted in the district do not detract from the overall walkability of the district. (i) Parking structures. Parking structures shall be built within the parking location footprint permitted by the frontage standards. A liner building should be used to mask the parking from primary and side streets. (ii) Liner buildings. The character and intended use of some buildings, such as warehouses and parking structures, may prevent them from complying with the facade transparency requirements. Such buildings may be constructed so that they are separated from adjacent streets (but not alleys) by liner buildings. (iii) Gas stations. [Image] A. A ground-story shopfront shall face the primary street and define the corner of the lot. B. All pumps, parking, and drive-through areas must be located behind the building. C. An example of an appropriate gas station configuration is shown in Figure 375.402.4. (iv) Drive-throughs. [Image] A. A ground-story shopfront must face the primary street. B. All parking shall be located in the rear of the building and accessed from a rear alley when present. C. Drive-through windows shall be located to the side or rear of the building. (e) Additional standards and guidelines for the MU-FW zoning district. The MU-FW District is an area that is comprised of existing warehouse and manufacturing-type buildings and uses. New construction should be sympathetic to the existing architecture and materials and be done in a way that celebrates manufacturing, industrial design, and technology. This industrial look or aesthetic should emphasize the engineering, structure and design elements, such as stair towers, bays, entrances, rooflines, and corners, utilizing extended girders, prominent corner posts, or exposed structural framing, and be rendered using 83 industrial materials, such as metal, glass, stainless steel, and other high-quality materials and finishes associated with contemporary industrial buildings. (i) Materials. For new construction in the MU-FW District, consider machined materials and finishes, such as stainless steel, painted steel, anodized aluminum and other alloys, and glass, that project an image related to manufacturing, technology, or industry. (ii) Typical design characteristics. A. Exposed, extended, or exaggerated structural elements. B. Geometric patterns, often in a grid with horizontal or vertical emphasis. C. Clearly identifiable and integrated main entrances. D. Integrated shading devices for windows, adding interest, texture, and variety both day and night. E. A harmonious mix of materials and colors, with strong colors used sparingly, often just for major structural elements. F. Horizontal or vertical banding through the use of material articulation, structural elements, or window grouping. G. Emphasized structural bays, often protruding or recessed. H. Use of suspended or cantilevered elements. I. Well-integrated lighting, emphasizing structure. (2) Frontage standards. (a) Purpose. The frontage standards establish the physical and functional relationships between buildings and the street. The standards set forth rules related to building placement (build-to-zones, setbacks, location of parking, etc.) and building heights. All new buildings in form-based districts must comply with the frontage standards in this section based on the frontage designation shown on the regulating plan. (b) Applicability. The MU-FW, MU-FC, MU-FS, and MU-FM zoning district regulating plans are shown in § 375-204(7) through (10). Each street frontage within each regulating plan is color coded to a frontage type. All new buildings constructed in the MU-FW, MU-FC, MU-FS, or MU-FM District must comply with the standards for that frontage type in this § 375-402. The basic standards applicable to each frontage type are shown in the Frontage Standards Summary Chart in § 375-402(2)(c) below, which uses the same color-coding used on the regulating plans. More detailed standards for each frontage type are shown in § 375-402(2)(d) through (i) below. (c) Frontage standards summary chart. 84 Table 375.402.1 Frontage Standards Summary Chart Mixed-Use Walkable Neighborhood Connected Waterfront Industrial Standard Core Center General Edge Edge Warehouse Heights Building height, 1 story 1 story 1 story 1 story 2 story 1 story minimum Building height, 5 stories 4 stories 3.5 stories 2.5 stories 10 stories 3 stories maximum First story height, 13 feet 13 feet 10 feet 10 feet 13 feet n/a minimum Ground finished floor above sidewalk or finished grade, 24 inches 24 inches 24 inches 24 inches 24 inches 0 feet minimum (residential) Building Placement Front build-to zone, 0 feet 0 feet 0 feet 8 feet minimum Contextual Contextual Front build-to zone, (see notes) (see notes) 6 feet 10 feet 6 feet n/a maximum Frontage build-out, 80% 60% 60% 40% 80% n/a minimum Side setback (mid- 0 feet 0 feet 0 feet 5 feet 0 feet 8 feet block), minimum Side build-to zone 0 feet 0 feet 0 feet 10 feet 0 feet n/a (corner), minimum Side build-to zone 10 feet 10 feet 10 feet n/a 10 feet 8 feet (corner), maximum Rear setback (lot or 5 feet 5 feet 5 feet 5 feet 5 feet 24 feet alley), minimum Rear build-to zone 0 feet 6 feet 6 feet 12 feet 0 feet 8 feet (street), minimum Rear build-to zone 10 feet 18 feet 18 feet n/a 10 feet n/a (street), maximum Rear frontage build- out (street only), 60% 60% 40% n/a 60% n/a minimum Parking Location Front setback, 30 feet 30 feet 20 feet 24 feet 30 feet 20 feet minimum Side setback (mid- 0 feet 0 feet 0 feet 0 feet 0 feet 0 feet block), minimum 85 Table 375.402.1 Frontage Standards Summary Chart Mixed-Use Walkable Neighborhood Connected Waterfront Industrial Standard Core Center General Edge Edge Warehouse Side setback 30 feet 30 feet 20 feet 20 feet 30 feet 20 feet (corner), minimum Rear setback (lot), 5 feet 5 feet 5 feet 5 feet 5 feet 0 feet minimum Rear setback (alley), 0 feet 0 feet 3 feet 3 feet 0 feet 0 feet minimum Rear setback (street), 30 feet 20 feet 20 feet 20 feet 20 feet 0 feet minimum Frontage Elements Terrace or Terrace or Forecourt, light well, Porch, terrace light well, stoop, forecourt, or light well, Porch, stoop, forecourt, Allowed frontage shopfront, stoop, forecourt, common stoop, n/a elements gallery, shopfront, stoop, yard shopfront, arcade gallery, shopfront gallery, arcade arcade NOTES: Contextual setbacks: Where the subject lot is adjacent to a developed lots facing the same street and having a • principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots. Heights: Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend up to 30 feet above the designated height limit in the Mixed-Use Core, Walkable Center, Waterfront Edge, and Warehouse Districts. Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend up to 20 feet above the designated height limit in the Neighborhood General and Connected Edge Districts. Parking Location: • Parking shall be accessed from rear alleys or side streets whenever possible. Frontage Elements: Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, • barring any additional restrictions by the public entity that has control over the public right-of- way. • See § 375-402(1) (General standards) for requirements of frontage elements. Miscellaneous: • All buildings must have a primary pedestrian entrance along the front facade. Loading docks and other service entries shall not be located on primary frontages. Where • alternatives exist, they should not be located along secondary streets or frontages. All loading 86 Table 375.402.1 Frontage Standards Summary Chart Mixed-Use Walkable Neighborhood Connected Waterfront Industrial Standard Core Center General Edge Edge Warehouse docks and service entrances should be integrated into the overall building and site design along the rear of the building. (d) Mixed-use core frontage standards. (i) Building height. [Image] Building Heights Building height, minimum 1 story [Image] Building height, maximum 5 stories First story height 13 feet minimum [Image] Ground finished floor above sidewalk or finished 0 feet grade, minimum (commercial) [Image] Ground finished floor above sidewalk or finished 24 inches grade, minimum (residential) NOTES: Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend to 30 feet above the designated height limit. (ii) Building placement. [Image] Building Placement Front build-to zone, minimum 0 feet [Image] Front build-to zone, maximum 6 feet Frontage build-out, minimum 80% [Image] Side setback (mid-block), minimum 0 feet [Image] Side build-to zone (corner), minimum 0 feet [Image] Side build-to zone (corner), maximum 10 feet Rear setback (lot or alley), minimum 5 feet [Image] Rear build-to zone (street), minimum 0 feet Rear build-to zone (street), maximum 10 feet Rear frontage build-out (street only), minimum 60% (iii) Parking location. [Image] Parking Location 87 Front setback, minimum 30 feet [Image] Side setback (mid-block), minimum 0 feet [Image] Side setback (corner), minimum 30 feet [Image] Rear setback (lot), minimum 5 feet [Image] Rear setback (alley), minimum 0 feet Rear setback (street), minimum 30 feet NOTES: • Parking shall be accessed from rear alleys or side streets whenever possible. (iv) Frontage elements. [Image] Frontage Elements Forecourt, stoop, shopfront, gallery, Allowed frontage elements [Image] arcade NOTES: Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, • barring any additional restrictions by the public entity that has control over the public right-of- way. • See § 375-402(1) (General standards) for requirements of frontage elements Miscellaneous Notes • All buildings must have a primary pedestrian entrance along the front facade. • Loading docks and other service entries shall not be located on Mixed-Use Core frontages. (e) Walkable center frontage standards. (i) Building height. [Image] Building Heights Building height, minimum 1 story [Image] Building height, maximum 4 stories First story height, minimum 13 feet [Image] Ground finished floor above sidewalk or finished 0 feet grade, minimum (commercial) [Image] Ground finished floor above sidewalk or finished 24 inches grade, minimum (residential) NOTES: Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend up to 30 feet above the designated height limit. (ii) Building placement. [Image] Building Placement 88 Front build-to zone, minimum 0 feet [Image] Front build-to zone, maximum 10 feet Frontage build-out, minimum 60% [Image] Side setback (mid-block), minimum 0 feet [Image] Side build-to zone (corner), minimum 0 feet [Image] Side build-to zone (corner), maximum 10 feet Rear setback (lot or alley), minimum 5 feet [Image] Rear build-to zone (street), minimum 6 feet Rear build-to zone (street), maximum 18 feet Rear frontage build-out (street only), maximum 60% (iii) Parking location. [Image] Parking Location Front setback, minimum 30 feet [Image] Side setback (mid-block), minimum 0 feet [Image] Side setback (corner), minimum 30 feet [Image] Rear setback (lot), minimum 5 feet [Image] Rear setback (alley), minimum 0 feet Rear setback (street), minimum 20 feet NOTES: • Parking shall be accessed from rear alleys or side streets whenever possible. (iv) Frontage elements. [Image] Frontage Elements Allowed frontage elements Terrace or light well, forecourt, [Image] stoop, shopfront, gallery, arcade NOTES: • Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of- way. • See § 375-402(1) (General standards) for requirements of frontage elements. Miscellaneous Notes • All buildings must have a primary pedestrian entrance along the front facade. (f) Neighborhood general frontage standards. (i) Building height. [Image] Building Heights Building height, minimum 1 story [Image] Building height, maximum 3.5 stories First story height, minimum 10 feet [Image] 89 Ground finished floor above sidewalk or finished 0 feet grade, minimum [Image] Ground finished floor above sidewalk or finished 24 inches grade, maximum NOTES: Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend up to 30 feet above the designated height limit. (ii) Building placement. [Image] Building Placement Front build-to zone Contextual [1] [Image] Frontage build-out, minimum 60% [Image] Side setback (mid-block), minimum 0 feet [Image] Side build-to zone (corner), minimum 0 feet [Image] Side build-to zone (corner), maximum 10 feet Rear setback (lot or alley), minimum 5 feet [Image] Rear build-to zone (street), minimum 6 feet Rear build-to zone (street), maximum 18 feet Rear frontage build-out (street only), minimum 40% [1] Where the subject lot is adjacent to a developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots. (iii) Parking location. [Image] Parking Location Front setback, minimum 20 feet [Image] Side setback (mid-block), minimum 0 feet [Image] Side setback (corner), minimum 20 feet [Image] Rear setback (lot), minimum 5 feet [Image] Rear setback (alley), minimum 3 feet Rear setback (street), minimum 20 feet NOTES: • Parking shall be accessed from rear alleys or side streets whenever possible. (iv) Frontage elements. [Image] Frontage Elements Porch, terrace or light well, Allowed frontage elements [Image] forecourt, stoop, shopfront NOTES: • Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, 90 barring any additional restrictions by the public entity that has control over the public right-of- way. • See § 375-402(1) (General standards) for requirements of frontage elements. Miscellaneous Notes • All buildings must have a primary pedestrian entrance along the front facade. (g) Connected edge frontage standards. (i) Building height. [Image] Building Heights Building height, minimum 1 story [Image] Building height, maximum 2.5 stories First story height, minimum 10 feet [Image] Ground finished floor above sidewalk or finished 24 inches [Image] grade (residential) NOTES: Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend up to 30 feet above the designated height limit. (ii) Building placement. [Image] Building Placement Front build-to zone See § 375-401(3)(a)(iii) [Image] Frontage build-out, minimum 40% [Image] Side setback (mid-block), minimum 5 feet [Image] Side build-to zone (corner), minimum 10 feet [Image] Rear setback (lot or alley), minimum 5 feet [Image] Rear build-to zone (street), minimum 12 feet Rear frontage build-out (street only), minimum n/a Where the subject lot is adjacent to a developed lots facing the same street and having a [1] principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots. (iii) Parking location. [Image] Parking Location Front setback, minimum 24 feet [Image] Side setback (mid-block), minimum 0 feet [Image] Side setback (corner), minimum 20 feet [Image] Rear setback (lot), minimum 5 feet [Image] Rear setback (alley), minimum 3 feet 91 Rear setback (street), minimum 20 feet NOTES: • Required parking may be located on-street or in a district parking lot or structure within 800 feet of the building's front door • Parking shall be accessed from rear alleys or side streets whenever possible. (iv) Frontage elements. [Image] Frontage Elements Allowed frontage elements Porch, stoop, common yard [Image] NOTES: • Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of- way. • See § 375-402(1) (General standards) for requirements of frontage elements. Miscellaneous Notes • All buildings must have a primary pedestrian entrance along the front facade. (h) Waterfront edge frontage standards. (i) Building height. [Image] Building Heights 2 stories minimum Building height, minimum [Image] 10 stories Building height, maximum First story height 13 feet minimum [Image] Ground finished floor above sidewalk or finished 0 feet grade, minimum (commercial) [Image] Ground finished floor above sidewalk or finished 24 inches grade, minimum (residential) NOTES: Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend up to 30 feet above the designated height limit. (ii) Building placement. [Image] Building Placement Front build-to zone, minimum 0 feet [Image] Front build-to zone, maximum 6 feet Frontage build-out, minimum 80% [Image] Side setback (mid-block), minimum 0 feet [Image] Side build-to zone (corner), minimum 0 feet [Image] 92 Side build-to zone (corner), maximum 10 feet Rear setback (lot or alley), minimum 5 feet [Image] Rear build-to zone (street), minimum 0 feet Rear build-to zone (street), maximum 10 feet Rear frontage build-out (street only), minimum 60% (iii) Parking location. [Image] Parking Location Front setback, minimum (ground story only) 30 feet [Image] Side setback (mid-block), minimum 0 feet [Image] Side setback (corner), minimum 30 feet [Image] Rear setback (lot), minimum 5 feet [Image] Rear setback (alley), minimum 0 feet Rear setback (street), minimum 20 feet NOTES: • Parking shall be accessed from rear alleys or side streets whenever possible. (iv) Frontage elements. [Image] Frontage Elements Terrace or light well, forecourt, Allowed frontage elements [Image] stoop, shopfront, gallery, arcade NOTES: Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, • barring any additional restrictions by the public entity that has control over the public right-of- way. • See § 375-402(1) (General standards) for requirements of frontage elements. Miscellaneous Notes • All buildings must have a primary pedestrian entrance along the front facade. • Loading docks and other service entries shall not be located on Waterfront Edge frontages (i) Industrial warehouse frontage standards. (i) Building height. [Image] Building Heights Building height, minimum 1 story [Image] Building height, maximum 3 stories First story height No minimum [Image] Ground finished floor above sidewalk or finished 0 feet [Image] grade (industrial/commercial) 93 NOTES: Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may • extend up to 30 feet above the designated height limit (ii) Building placement. [Image] Building Placement Front setback, minimum 8 feet [Image] Frontage build-out n/a [Image] Side setback (mid-block), minimum 8 feet [Image] Side build-to zone (corner), maximum 8 feet [Image] Rear setback (lot or alley), minimum 24 feet [Image] Rear setback (street), minimum 8 feet Rear frontage build-out (street only) n/a (iii) Parking location. [Image] Parking Location Front setback, minimum 20 feet [Image] Side setback (mid-block), minimum 0 feet [Image] Side setback (corner), minimum 20 feet [Image] Rear setback (lot), minimum 0 feet [Image] Rear setback (alley), minimum 0 feet Rear setback (street), minimum 0 feet NOTES: • Parking shall be accessed from rear alleys or side streets whenever possible. (3) Parking access. The provisions of § 375-405 (Parking and loading) shall apply in the MU-FW, MU-FC, MU-FS, and MU-FM Districts. § 375-403 Access, circulation, and connectivity. (1) Purpose. The purpose of the standards in this § 375-403 is to reduce the number and length of automobile trips and related greenhouse gas emissions by encouraging walking and bicycling by integrating sidewalks and bicycle routes in new development and redevelopment, and by providing for shorter and more direct routes between many destinations. (2) Applicability. (a) All development and redevelopment in the City shall comply with the following standards. (b) If the provisions of this § 375-403 conflict with the provisions of § 375-402 (Form-based zoning standards) applicable to the MU-FW, MU-FC, MU-FS, or MU-FM zoning districts, the provisions of § 375-402 shall apply. 94 (3) Compliance with other standards. (a) All applications shall comply with the Manual on Uniform Traffic Control Devices (MUTCD) and all applicable local, state, and federal regulations. (b) Each required street, alley, driveway, sidewalk, walkway, and bicycle route shall comply with the City's adopted design, engineering, and construction standards, as amended, as well as the requirements of the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.). (c) All "places of public accommodation," as defined in the Federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) shall comply with the requirements of that Act concerning on-site circulation and access. (d) Where the City or another entity is implementing a program in support of walkability, and that program includes a sidewalk, walkway, or trail adjacent to the boundaries of a development involving residential uses, the project design shall allow citizens to access the route in a convenient and relatively direct manner. (e) All sites shall be designed with required emergency vehicle access that complies with the provisions of § 375-401(2)(c) (Emergency vehicle access). (4) Form-based district street hierarchy. The following standards apply to platted lots in the MU-FW, MU- FC, MU-FS, and MU-FM zoning districts. (a) On parcels with multiple frontages, a street hierarchy will determine the highest priority (primary) street frontage where the front build-to zone or setback shall apply. Along the lower priority frontages, the side or rear (secondary) build-to zones or setbacks shall apply. The designated street hierarchy for the form-based districts is as follows: [Image] (b) Potential new street/thoroughfare connections are identified on the form-based district regulating plans. The precise location and alignment of new thoroughfares may be adjusted to allow flexibility in the design of the development plan, but the number of connections provided to surrounding parcels shall not be reduced. (5) Sidewalks and amenities required. (a) Sidewalks. (i) Unless otherwise provided in this USDO, a sidewalk of at least five feet in width shall be installed along each street frontage. (ii) Each sidewalk shall align with any existing sidewalks along the street frontages of adjacent properties. (iii) All sidewalks shall have a minimum width of five feet, and a continuous unobstructed area of a width no less than 60 inches. This area shall be unobstructed by utility poles, fire hydrants, planters, utility boxes, dining furniture, signs, benches or any other temporary or permanent structures. 95 (iv) If an adjacent parcel or the portion of the City right-of-way abutting the adjacent parcel or parcels contain a shared-use path, the Chief Planning Official may approve the use of a shared-use path with a 10-foot width or same width as the adjacent shared-use path, whichever is greater, instead of installing a sidewalk to comply with §375-403(5)(a)(i). (b) Street amenities. (i) Each property with a street frontage of 50 linear feet or more shall install at least one bench, bicycle rack, planter, trash receptacle, or piece of public art per 50 feet of street frontage or part thereof. (ii) Items placed in the public right-of-way shall require prior approval of the City to ensure that clear pedestrian passages and public health and safety are protected. (6) Right-of-way access. (a) Permit required. All right-of-way access locations shall require a permit pursuant to § 375-505(17) (Right-of-way access permit). (b) General requirements. (i) Right-of-way access locations shall be located to minimize conflict with pedestrian, cyclist, and vehicular traffic on the abutting public right-of-way. (ii) Right-of-way access locations shall be at least 60 feet from any intersection. (iii) The number of access locations shall be the minimum necessary to provide reasonable access to the site. (iv) Where alleys provide rear access, no curb cuts, driveways or access shall be permitted from the front. (v) Location and spacing of access points to individual lots containing residential uses shall comply with the standards in the City's adopted design, engineering, and construction standards. (c) Preferred access location. (i) All parking shall be accessed from rear alleys where they exist and/or from side streets if the lot is located on a corner in all districts except MU-CH. If no rear alley or side street exists, efforts should be made to demonstrate an attempt to gain access across neighboring properties. [Image] (ii) When access to rear parking must be directly from the primary street, driveways shall be located along the sides of the lot lines and designed to meet the access driveway widths set forth in Subsection (6)(e) below. In MU-NE and MU-NC Districts, side parking shall be no wider than the double-loaded maximum (60 feet). (iii) The principal vehicular access to a lot shall be from the types of streets or rights-of-way in Table 96 375.401.3 below, to the maximum extent practicable. Table 375.403.1 Preferred vehicular access location Use Type Preferred access location Residential, household living use Local street All other uses Arterial street, collector street, or alley (d) Cross access connections. The Planning Board or Chief Planning Official may require or permit cross- connection easements and connections to adjoining parking lots or commercial parcels. (e) Prohibited access. No parking lot or structure containing more than 100 vehicle spaces shall be access from a local street adjacent to or passing through an R-1L, R-1M, R-2, or R-T district. (e) Right-of-way access width. (i) Right-of-way access to individual lots shall be permitted as follows: Table 375.403.2 Right-of-way access width allowance Access Type Access width (maximum) Single-lane access 12 feet Double-lane access 20 feet (ii) Right-of-way access driveways intended to accommodate multiple-axle vehicles may exceed allowable widths, as determined necessary by the person or entity responsible for making a decision. Vehicle turning and movement templates shall be provided for use in deciding the appropriate width. (iii) Where § 375-405(4)(c) (Parking restrictions) applies, the driveway may widen to a driveway/parking area where it extends into the lot beyond the sidewalk. (7) Site circulation and connectivity. (a) Where more than four principal structures are located on a lot, internal streets or driveways shall be located to allow vehicle access between individual primary buildings and parking areas to avoid the need to use public boundary streets to move between different buildings or areas of the development site. (b) Where more than one principal building is located on a lot, internal sidewalks or walkways shall be located to allow pedestrian access between individual principal buildings and parking areas and from individual principal buildings to the closest sidewalk or pedestrian facility along the boundary of the lot. 97 (c) When a lot abuts public open space that includes existing or planned trails, a direct pedestrian connection from the development to the existing or planned trail shall be provided. (8) Traffic study. The Chief Planning Official may require a traffic study performed by a licensed professional engineer or traffic consultant when a proposed development meets one or more of the following conditions: (i) Contains more than 20 dwelling units; (ii) Contains more than 25,000 square feet of nonresidential gross floor area; (iii) Exceeds the minimum parking requirement by more than 10%; (iv) Is located on an arterial street; (v) Is located on a collector street that has experienced peak hour traffic congestion; or (vi) The Chief Planning Official determines that the project may have an adverse impact on traffic congestion or traffic safety in the surrounding area. § 375-404 Subdivision of land. (1) Applicability. The standards in this § 375-404 shall apply to land in all zoning districts whenever land is subdivided, adjusted, consolidated or otherwise modified to create or change the boundaries of a lot or parcel for development, unless exempted by another provision of this USDO. (2) General standards. (a) Each subdivision shall be consistent with the adopted Comprehensive Plan and shall comply with all applicable standards in this USDO for properties located in the zoning district where the property is located, as shown on the official Zoning Map. (b) These standards shall apply to all form-based districts unless addressed within the form-based standards in which case the form-based standards will prevail. (3) Land analysis map. (a) Each proposed subdivision of a land area of five acres or more, either alone or contiguous with another subdivision by the same applicant, shall prepare a land analysis map identifying sensitive lands to be protected from development. (b) The land analysis map shall identify as sensitive lands to be protected from development all of the following: (i) Lands designated as floodway or flood fringe in the FP-O Floodplain Overlay District; (ii) Lands located in the NK-O Normans Kill Overlay District; 98 (iii) Wetland areas, including but not limited to waters of the United States under the jurisdiction of the United States Army Corps of Engineers, and freshwater wetlands and streams subject to the jurisdiction of the New York State Department of Environmental Conservation; (iv) Stream corridors, which shall include all land from top-of-bank to top-of-bank of any waterway that exceeds two feet in width at any time of year; (v) Steep slopes, which shall include all land with an average vertical slope of 25% or more, measured from top-of-slope to foot-of-slope; (vi) Areas containing cultural or paleontological resources, including but not limited to structures designated by the National Register of Historic Places; (vii) Any lands identified as unstable soils or designated by the state or a governmental agency as unsuitable for development; and (viii)Any lands identified as habitat for species listed as threatened or endangered by the state or federal governments. (4) Avoidance of sensitive areas. (a) All subdivisions shall be designed to avoid the placement of development lots on sensitive lands, including but not limited to areas within the FP-O Floodplain Overlay District, NK-O Normans Kill Overlay District, stream corridors, wetlands, steep slopes, and rock formations. (b) Each subdivision or resubdivision shall be designed so that: (i) No lot for development includes any land designated as sensitive lands on the land analysis map to the maximum extent practicable; and (ii) If any lot does include such sensitive lands, the subdivision plat restricts construction of permanent structures to a designated building envelope area on that lot that does not include any designated sensitive land areas; and (iii) Vehicular crossings of sensitive land areas are minimized to the maximum extent practicable. (c) Adjustment of minimum lot sizes. If the avoidance of any sensitive lands other than floodways and flood fringe areas in the FP-O District results in the subdivision containing fewer buildable parcels than it would have if sensitive lands were not avoided, the applicant may adjust the minimum lot size or lot width of lots in the subdivision by up to 25% in order to include as many lots as would have been possible if those sensitive lands were not avoided. No adjustment of minimum lot sizes or widths shall be made for avoidance of floodway or flood fringe areas. (5) Lots and blocks. (a) The perimeter of each block (excluding street rights-of-way) shall not exceed 1,500 feet. 99 (b) All lots shall comply with all requirements of this USDO for the zoning district(s) and any overlay district(s) in which the property is located, as those requirements may be adjusted by other provisions of this USDO. (c) All platted lots shall have actual frontage upon a street, unless the Chief Planning Official determines that due to topography, utilities, or other site-specific features, actual street frontage is not feasible and that lot access through an irrevocable access easement will not harm the public health, safety, or welfare. The form of the irrevocable access easement must be acceptable to the Corporation Counsel. (6) Design of streets, alleys and sidewalks. (a) General standards. (i) Streets shall be designed to allow the continuation of the existing local, collector, and arterial street network through the subdivision to the maximum extent practicable. (ii) In portions of the City where adjacent blocks contain alleys, alleys with the same orientation and alignment shall be included in the subdivision design. (iii) All thoroughfares shall connect to other streets. Culs-de-sac and T-turnarounds are not permitted. Dead- end streets are only permitted when the adjacent property has not been developed or redeveloped. (v) Where possible, there shall be parking lanes that can be used for on-street parking, dropoff areas, valet stands, or bus stops. On-street parking lanes shall not be closer than 20 feet to intersections measured from the intersecting lot lines. (vi) Streets with on-street parking shall have curb radii of 15 feet maximum. The effective turning radius is larger than the curb radius when parking is present. Thus, the turning radius is effectively 30 plus feet when the curb radius is 15 feet. Corners without on-street parking require the turn and curb radii to be similar to the turning radii, with the curb radius between 20 feet and 30 feet. (vii) A maximum of 30 lots or units shall be permitted to be accessed from a single point of ingress/egress unless otherwise authorized by the City Fire Department. (viii)The design of each new subdivision street shall comply with the dimensions shown in the City's adopted design, engineering, and construction standards. (b) Complete streets design. All streets shall be designed to comply with the Albany Complete Streets Policy and Design Manual and the Administrative Manual, as those documents may be amended or replaced over time, using the street type most applicable to the proposed uses in the area being subdivided, as determined by the Chief Planning Official. (i) New subdivision streets shall incorporate those street elements and streetscape and sidewalk elements listed in the Albany Complete Streets Policy Design Manual and Administrative Manual to the maximum degree practicable. 100 (ii) The design of each streetscape zone shall comply with the dimensions shown in Table 375.407.2 below, to the maximum extent practicable. Table 375.404.1 Design of Streetscapes and Sidewalks Frontage Street Type Pedestrian Zone Buffer Zone Curb Zone Total Width Zone 11 feet 4 inches to Downtown 2 feet 4 to 12 feet 5 to 6 feet 4 to 9 inches 20 feet 9 inches Neighborhood Mixed- 11 feet 4 inches to 2 feet 4 to 12 feet 5 to 6 feet 4 to 9 inches Use 20 feet 9 inches Neighborhood 6 feet 4 inches to N/A 4 to 7 feet 2 to 6 feet 4 to 9 inches Residential 13 feet 9 inches 6 feet 4 inches to Boulevard N/A 4 to 7 feet 2 to 6 feet 4 to 9 inches 13 feet 9 inches 11 feet 4 inches to Community Mixed-Use 2 feet 4 to 12 feet 5 to 6 feet 4 to 9 inches 20 feet 9 inches Community 11 feet 4 inches to 2 feet 4 to 12 feet 5 to 6 feet 4 to 9 inches Commercial 20 feet 9 inches 9 feet 4 inches to Industrial N/A 4 to 7 feet 5 to 6 feet 4 to 9 inches 13 feet 9 inches (d) Design of Alleys. (i) Where possible, alleys shall be used for access to parking and services at the rear of lots, and shall comply with the dimensions shown in the table below. Table 375.404.2 Design of Alleys Alley Type Right-of-Way Width Pavement Width Residential 20 feet, maximum 12 to 18 feet Nonresidential 20 feet, maximum 18 to 20 feet (ii) Alleys shall meet the street with a design and construction allowing the sidewalk to continue uninterrupted across a drive with a fixed elevation for pedestrians. (7) Natural an open space areas. (a) Applicability. (i) If a new subdivision will contain more than 20 residential dwelling units, or a resubdivision of land will increase the residential density of the subdivision by more than 20 dwelling units, the developer shall either donate land or make a payment to the City for the conservation of natural areas or the provision 101 open space areas benefitting the subdivision. (ii) This requirement does not apply to residential cluster subdivisions created under § 375-404(8). (b) The Planning Board shall determine whether a donation of land, a payment in lieu of land dedication, or a combination of both, will be required, based on which will best meet the needs of the subdivision residents. (i) Dedication of lands. A. If a land dedication is required, the amount of land required shall not exceed: 1. Ten percent of the gross area of the subdivision; or 2. That amount needed to serve the residents of the subdivision with open space at the same level enjoyed, on average, by other residents of the City, whichever is less. B. Lands to be dedicated shall not be located in the FP-O District, and shall not include any environmentally sensitive lands described in § 375-206(3) unless the Board determines that the inclusion of those areas is more consistent with the Comprehensive Plan than the inclusion of alternative areas, and that the inclusion of those areas will not harm the public health, safety, or welfare. (ii) Payment-in-lieu. A. If a payment-in-lieu of dedicated lands is proposed and accepted, the payment shall not exceed: 1. Ten percent of full value of the land to be subdivided; or 2. That amount needed to acquire land needed to serve the residents of the subdivision with open space at the same level enjoyed, on average, by other residents of the City, whichever is less. B. All funds received shall constitute a trust fund to be used by the Common Council exclusively for open space, neighborhood park, playground or recreation purposes, which may include the acquisition of land, the construction of facilities, or both. (8) Residential cluster subdivision. As provided in § 37 of the General City Law, and as an alternative to compliance with the dimensional standards of § 375-401, a residential subdivision containing only single-unit detached, two-unit detached, or townhouse dwellings may be designed as a residential cluster subdivision that complies with the standards in this § 375-404(7). (a) Purpose. The purpose of cluster development is to promote the preservation of larger areas of open space and stronger protection of environmentally sensitive lands than is otherwise required by this USDO, and the more efficient use of land requiring smaller networks of streets and utilities. (b) Standards. 102 (i) The proposed subdivision must contain a minimum of four acres of land. (ii) The subdivision shall contain only detached dwellings or townhouses in clusters of not more than five units. (iii) At least 25% of the gross land area of the subdivision shall be set aside and deed restricted as open space, using a form of deed restriction acceptable to the Corporation Counsel. All deed restricted open space shall be managed and maintained by the residents of the cluster subdivision, or by a nonprofit, land trust, or other land management organization, through a form of legal ownership acceptable to the Corporation Counsel. (iv) The proposed density of development shall not exceed the density permitted for a conventional subdivision in the zoning district where the property is located after the avoidance of sensitive lands as required by § 375-404(3). (v) Minimum lot widths and sizes otherwise applicable in the zoning district where the property is located may be adjusted downward to allow the number of lots permitted by § 375-404(8)(b)(iv) above. (9) Utilities and infrastructure. (a) The developer shall install, at the developer's expense: (i) All infrastructure necessary to connect each subdivision lot to the City's existing water supply system; (ii) All infrastructure necessary to connect each subdivision lot to the City's existing sanitary sewer system; (iii) All infrastructure necessary to connect each subdivision lot to the electric service system; (iv) All site features and infrastructure necessary to retain, detain, and/or infiltrate stormwater to ensure that the new subdivision does not create additional burdens on the City's storm sewer system and does not create additional surface flooding. (v) Street signs shall be installed at each new street intersection and at each point at which a subdivision street meets an existing boundary street, unless a street sign already exists in that location, and shall be designed and built to the standards in the Manual on Uniform Traffic Control Devices (MUTCD). (vi) All subdivisions that include a new street shall provide street lights at each access point to the existing street network, at each street intersection within the subdivision, and along each subdivision street at a maximum spacing of 250 feet. (b) Underground utilities. With the exception of fire hydrants, utilities shall run underground, unless the City determines that is impracticable due to the location and design of utilities to which the subdivision must connect. (c) Monuments. The developer shall install standard City monuments set in concrete at each corner of each lot, parcel or tract. If that is not practicable, the developer shall install four-inch square, concrete or 103 granite right-of-way markers with center punch or steel core along one side of all new streets, outlining the exact limits of the street and identifying each corner or change in direction. The maximum distance between markers shall be 500 feet. § 375-405 Parking and loading. (1) General. No development plan shall be approved and no permit shall be issued for the erection or occupancy of a building or structure unless the use conforms to the requirements of this § 375-405. (2) Off-street parking requirement. (a) Applicability. Unless otherwise stated in this USDO, the requirements in this § 375-405(2) shall apply to all uses in all zoning districts in the following situations: (i) When a new primary building is constructed, the requirements of this § 375-405 shall apply to the entire structure. (ii) When an existing building on a site not otherwise exempt from these regulations is expanded by more than 25% of the existing gross floor area, then the requirements of this section shall apply to increase parking to accommodate the area of expansion (not the entire building). (iii) When a change of use would result in an increase in the required number of off-street parking by more than 50% of that required for the prior use, the requirements of this section shall apply to the increase in required parking (not to any shortage of required parking related to the previous use). (iv) Off-street parking spaces provided prior to adoption of this USDO shall not be permanently reduced in any way that would bring the property or use out of conformance with this section or would increase the degree of any existing nonconformity with the provisions of this section. (b) Exceptions to off-street parking requirements. Off-street vehicle parking is not required where any of the following conditions apply: (i) A lot containing less than 5,000 square feet of gross site area. (ii) A property is located within the Mixed-Use Downtown (MU-DT) District. (iii) A change in use is proposed in a multitenant commercial, mixed-use, or industrial building larger than 50,000 square feet in gross floor area, unless the Chief Planning Official determines that the change of use is likely to create a significant increase in on-street parking in any surrounding residential neighborhood. (iv) If compliance with the form-based frontage standards would make it impossible to accommodate the minimum required number of off-street parking spaces on the site, the minimum number of required off- street parking spaces as necessary to comply with the intent of the form-based zoning standards, as determined by the Chief Planning Official.” (c) Minimum required and maximum parking allowed. 104 (i) In all zoning districts, off-street parking shall be provided in accordance with Table 375.405.1, Minimum and Maximum Off-Street Parking, as adjusted by other provisions of this USDO. Table 375.405.1 Minimum and Maximum Off-Street Parking GFA = Gross Floor Area; NLA = Net Leasable Area Minimum # of Spaces Maximum # of Spaces Land Use Category Required Allowed RESIDENTIAL USES Household Living Dwelling, single-unit detached 1 n/a Dwelling, two-unit detached 2 n/a Dwelling, three-unit detached 3 n/a Dwelling, townhouse 0 n/a Dwelling, multi-unit 1 per unit 1.5 per unit Dwelling, live-work 1 per unit 1.5 per unit Group Living Assisted living facility or nursing home 1 per 600 square feet GFA 1 per 500 square feet GFA Community residential facility 1 per 600 square feet GFA 1 per 500 square feet GFA Group living, other 1 per 600 square feet GFA 1 per 500 square feet GFA Dormitory 0.5 per unit 1 per unit Rooming house 0.25 per guest bedroom 0.5 per guest bedroom CIVIC AND INSTITUTIONAL USES Cemetery 0 n/a Club 1 per 300 square feet GFA 1 per 250 square feet GFA Community center 1 per 300 square feet GFA 1 per 250 square feet GFA Cultural facility 1 per 500 square feet GFA 1 per 425 square feet GFA Day-care center 1 per 300 square feet GFA 1 per 250 square feet GFA Higher education institution 1 per 400 square feet GFA 1 per 350 square feet GFA Hospital 1 per 3 inpatient beds 1 per 2.5 inpatient beds Police or fire station 1 per 400 square feet GFA 1 per 350 square feet GFA Religious institution 1 per 300 square feet GFA 1 per 250 square feet GFA School 1 per 750 square feet GFA 1 per 625 square feet GFA 1 per 4 persons of 1 per 3.5 persons of Stadium or arena maximum occupancy maximum occupancy Natural area or preserve 0 n/a Park or playground 0 n/a Public utility or services, major 0 n/a Public utility or services, minor 0 n/a 105 Towers 0 n/a COMMERCIAL USES Agriculture and Animal-Related Agriculture, urban 0 n/a 1 per 1,000 square feet Plant nursery 1 per 850 square feet NLA NLA Veterinarian or kennel 1 per 400 square feet NLA 1 per 350 square feet NLA Food and Beverage Services Bar or tavern 1 per 150 square feet NLA 1 per 125 square feet NLA Restaurant 1 per 150 square feet NLA 1 per 125 square feet NLA Guest Accommodations Bed-and-breakfast 0.75 per guest room 1 per guest room Hotel 0.75 per guest room 1 per guest room Office and Services Beauty salon, spa or barber shop 1 per 400 square feet NLA 1 per 350 square feet NLA Blood plasma center 1 per 100 square feet of 1 per 85 square feet of main Funeral home or crematorium main assembly room assembly room Laboratory or research facility 1 per 400 square feet NLA 1 per 350 square feet NLA Medical clinic 1 per 300 square feet NLA 1 per 250 square feet NLA Office, General 1 per 400 square feet NLA 1 per 350 square feet NLA Personal or business service 1 per 400 square feet NLA 1 per 350 square feet NLA Professional Office 1 per 400 square feet NLA 1 per 350 square feet NLA Trade school 1 per 400 square feet NLA 1 per 350 square feet NLA Recreation and Entertainment Adult entertainment 1 per 300 square feet NLA 1 per 250 square feet NLA Indoor recreation or entertainment 1 per 300 square feet NLA 1 per 250 square feet NLA 1 per 300 square feet GFA 1 per 250 square feet GFA Outdoor recreation or entertainment plus 1 per 10,000 square plus 1 per 8,500 square feet feet of outdoor activity area of outdoor activity area Recreation and Entertainment General retail 1 per 400 square feet NLA 1 per 350 square feet NLA Specialty retail 1 per 400 square feet NLA 1 per 350 square feet NLA Adult retail 1 per 300 square feet NLA 1 per 250 square feet NLA Controlled substance dispensary 1 per 300 square feet NLA 1 per 250 square feet NLA Convenience retail 1 per 300 square feet NLA 1 per 250 square feet NLA Supermarket 1 per 300 square feet NLA 1 per 250 square feet NLA Vehicles and Equipment Automobile wash 1 per 500 square feet NLA 1 per 425 square feet NLA Dispatch service or freight truck terminal 1 per 500 square feet NLA 1 per 425 square feet NLA 106 Freight truck terminal 1 per 500 square feet NLA 1 per 425 square feet NLA Heavy vehicle and equipment sales, 1 per 500 square feet NLA 1 per 425 square feet NLA rental, and servicing Light vehicle servicing 1 per 500 square feet NLA 1 per 425 square feet NLA Parking lot 0 n/a Parking structure 0 n/a Transit facility 0 n/a Vehicle fueling station 1 per 200 square feet NLA 1 per 170 square feet NLA Vehicle sales or rental 1 per 500 square feet NLA 1 per 425 square feet NLA INDUSTRIAL USES Commercial Services Crematorium 1 per 1,000 square feet GFA 1 per 850 square feet GFA Heavy commercial services 1 per 1,000 square feet GFA 1 per 850 square feet GFA Storage and wholesale distribution Self-storage facility 1 per 5,500 square feet GFA 1 per 4,675 square feet GFA Manufacturing, Production, and Extraction Artisan manufacturing 1 per 500 square feet GFA 1 per 425 square feet GFA Heavy manufacturing 1 per 1,000 square feet GFA 1 per 850 square feet GFA Light manufacturing 1 per 1,000 square feet GFA 1 per 850 square feet GFA Marijuana manufacturing facility 1 per 1,000 square feet GFA 1 per 850 square feet GFA Waste and Salvage Waste/recycling processing facility 1 per 1,000 square feet GFA 1 per 850 square feet GFA Recycling dropoff center 1 n/a Landfill 0 n/a Vehicle towing, wrecking, or junkyard 0 n/a ACCESSORY USES Home occupation 0 n/a All other accessory uses listed in Table 0 n/a 375.302.1 TEMPORARY USES Farmers' market 0 n/a All other temporary uses listed in Table 0 n/a 375.302.1 (d) Accessible parking. Within the requirements of Tables 375.405.1 and 375.405.2 (not in addition to those requirements), accessible parking shall be provided for all multi-unit and nonresidential uses as required by the International Building Code, the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities, and New York State statutes, as amended. (e) Off-street parking requirement for unlisted uses. (i) For any use not specifically listed in Table 375.405.1, the parking provisions for a similar use, as 107 determined by the Chief Planning Official, shall apply. The Chief Planning Official's decision shall be based on the location of the site, existing traffic congestion and parking levels, and the anticipated timing and volume of parking demand for the use. (ii) For a new use where the Chief Planning Official determines that a similar parking rate is not stated in this USDO, the Chief Planning Official may establish a minimum parking requirement based on a parking study or parking reference guide in general use, or after consultation with other City officials regarding potential parking needs, or a combination of those methods. (f) Parking alternatives and adjustments. The minimum and maximum amounts of parking required by Table 375.405.1 may be adjusted as described in this § 375-405(2)(f). (i) Proximity to transit. A. For new development located within 1/4 mile of any transit stop, the minimum number of off-street parking spaces required shall be reduced by the following amounts: 1. 20% reduction in the total number of required spaces where the transit stop serves a route with a peak service frequency of 15 minutes or better; or 2. 10% reduction in the total number of required spaces where the transit stop serves routes having a cumulative average peak service frequency of 15 minutes or better. B. The minimum number of off-street parking spaces required for new development shall be reduced by 10% if the proposed development is located within 1/4 mile of any transit stop serving multiple routes with a cumulative average peak service frequency of 15 minutes or better. C. No development approved with this parking reduction shall be considered legally nonconforming if the bus or transit line is later relocated, or if peak frequency headways are raised above 15 minutes, and the number of parking spaces provided for that use does not meet the minimum requirements of Table 375.405.1. The Planning Department shall maintain a map of areas within the City that qualify for the proximity to transit exemption described in this section. (ii) Shared parking. Where two or more uses listed in Table 375.302.1 (Permitted Use Table), share a parking lot or structure, the off-street parking requirement may be reduced by the factors shown in Table 375.405.2 below. Table 375.405.2 Shared Parking Reduction (Add the requirements and divide by these factors) Recreation Multi- Food and Guest Retail, Other Civic and and unit Beverage Accommo Office and Commercial Institutional Entertain- Dwelling Service -dations Services Use Property Use ment Multi-unit dwelling n/a 1.1 1.1 1.1 1.1 1.2 1.3 Civic and institutional 1.1 n/a 1.2 1.2 1.2 1.3 1.5 108 Table 375.405.2 Shared Parking Reduction (Add the requirements and divide by these factors) Recreation Multi- Food and Guest Retail, Other Civic and and unit Beverage Accommo Office and Commercial Institutional Entertain- Dwelling Service -dations Services Use Property Use ment Food and beverage 1.1 1.2 n/a n/a n/a 1.3 1.7 service Guest accommodations 1.1 1.2 n/a n/a n/a 1.3 1.7 Recreation and 1.1 1.2 n/a n/a n/a 1.3 1.7 entertainment Retail, office and 1.2 1.3 1.3 1.3 1.3 n/a 1.2 services Other commercial use 1.3 1.5 1.7 1.7 1.7 1.2 n/a Example calculation: Shared parking proposed between a 60,000 square-foot school (civic and institutional use) and a 12,000 square-foot indoor recreation or entertainment facility (recreation use) would be calculated as follows: 60,000 square-foot school: standalone parking requirement: 1 space per 750 square feet of gross floor area equals 80 spaces. 12,000 square-foot indoor recreation or entertainment facility: standalone parking requirement: 1 space per 300 square feet of gross floor area equals 40 spaces. Shared parking calculation: 120 spaces divided by 1.2 (from table) equals 100 spaces. (iii) On-street parking credit. A. The minimum number of off-street parking spaces otherwise required by this § 375-405 shall be reduced by the number of signed, unmetered on-street parking spaces located along the street or streets on which the subject property fronts, as measured between extensions of the side or rear lot lines of the subject property as extended into the public right-of-way. B. Credit against minimum required off-street parking shall only be given for an on-street space if at least 50% of the length of the on-street space, measured along the curb, is located between such side or rear lot lines as extended. C. No on-street parking space may be signed or otherwise restricted for the use of the subject property. (iv) Off-site parking. A. Where allowed as a permitted or conditional use in Table 375.302.1 (Permitted Use Table), and as an alternative to providing required on-site parking, parking spaces that are not required to be provided on- site by the Americans with Disabilities Act or state law may be provided at a location with the closest 109 lot line being no more than 300 feet from a lot line of the property with the development or redevelopment it serves. B. The off-site parking spaces shall be located with a legally compliant parking lot or garage that complies with all applicable use regulations set forth within this USDO, and such spaces shall not also be credited to another use at the proposed or another location. C. The applicant for approval of off-site parking shall provide evidence, at the Chief Planning Official's request, that the proposed off-site parking location will remain available for the proposed parking use for a period of at least two years. (v) Transportation demand management program agreement. A. The Chief Planning Official may approve an alternative parking plan that reduces off-street parking requirements below those shown in Table 375.405.1 based on a parking demand study and transportation demand management (TDM) program. B. The TDM plan shall include facts and/or projections, including the type of development, proximity to transit and/or other multimodal systems, anticipated number of employees and/or patrons, minimum parking requirements, and indicate the types of transportation demand management activities that will be instituted to reduce single-occupant vehicle use and ease traffic congestion. C. The TDM plan shall demonstrate that the resulting traffic demand shall not result in traffic congestion in the surrounding area and that the resulting off-street parking provided shall not result in on-street parking congestion in the surrounding area. D. Additional fees may be assessed to defray the additional processing costs in reviewing a TDM plan, including any third party review determined by the Chief Planning Official to be required because of the complexity of the study or the surrounding context, and any subsequent agreements. (vi) Payment of fee in lieu of providing required parking. A. This § 375-405(2)(f)(vi) describes the City's system for accepting payment of fees in lieu of required parking, but will not be applicable until the Common Council adopts administrative procedures for assessing, collecting, accounting for, and spending fees in lieu of required parking in compliance with applicable law. B. Where any of the required parking is satisfied under an approved fee in lieu of parking, such satisfaction shall run with the land unless any agreement stipulates otherwise. C. Following such action by the Common Council, fees in lieu may be paid in accordance with the following: 1. In the mixed-use zoning districts, the applicant may pay a fee in lieu of providing some or all of the required off-street parking required by Table 375.405.1. The fee-in-lieu to be charged shall be based on the average cost to the City of acquiring land and constructing parking spaces in a surface lot or parking 110 structure within a reasonable distance of the proposed development, as established by the Common Council. 2. A fee-in-lieu is available if the Planning Board determines that, due to the availability of transit, unique characteristics of the use or area, the availability of off-site public parking in the area, or other factors, the development will not result in traffic or parking congestion in the surrounding area. The Planning Board may require the preparation of a traffic or parking study, at the applicant's expense, before making this determination. 3. The City shall not issue a certificate of occupancy for any portion of the project for which on-site parking or off-site parking has not been provided until the fee-in-lieu has been paid. 4. The City shall deposit the fee in lieu of parking payments into an account designated for the provision of parking spaces and shall not commingle the funds with other funds of the City. The City shall expend the fee-in-lieu payments to provide parking spaces within a reasonable distance of the development within 10 years after the payment is made, or shall refund the payments, with interest, at the end of that period. City costs for which fees in lieu of parking may be spent include but are not limited to the cost of land, leases, rights, easements and franchises; financing charges; interest paid before and during construction; cost of plans and specifications; cost of engineering and legal services and other expenses necessary or incidental for determining the feasibility or practicability of construction, reconstruction or use; cost of all labor and materials; and administrative expenses and such other expenses as may be necessary or incidental to the provision of public parking spaces. (vii) Future parking area set-aside. A. Where it is unclear whether the full amount of required parking will be used by a proposed use or facility, a parking area set-aside may be designated through development plan review process. B. If a parking area set-aside is requested by either the applicant or the City, the Planning Board may approve a site layout that does not require all of the required parking to be constructed at once, but instead provides for grassed areas to be converted to parking spaces if the need for additional parking arises in the future. However, stormwater and drainage requirements shall be based on full build-out of the parking area. (3) Off-street loading requirement. The following provisions apply in all zoning districts. (a) A minimum of one loading space shall be provided for each public/institutional, commercial and industrial use exceeding 25,000 square feet of gross floor area. (b) Each off-street loading space shall comply with Table 375.405.3 and Table 375.405.4 below: 111 Table 375.405.3 Off-Street Loading Requirements Use Size (gross floor area) Loading Spaces Required Under 25,000 square feet None 25,000 to 49,999 square feet 1 50,000 square feet or more 2 Table 375.405.4 Dimensions of Loading Spaces Dimension Size (feet) Width 12 Length 35 (55 for tractor-trailers) Height 14 (c) Owners of two or more uses requiring the joint use of off-street loading facilities may file an executed agreement with the Chief Planning Official, in a form approved by the City, providing for joint use of loading facilities and demonstrating the adequacy of the facility to serve anticipated loading needs. (d) Where it can be demonstrated that loading/deliveries will occur during times when parking areas will be used at less than 75% of capacity, or that deliveries will occur during hours when the establishment or facility is not open for normal business activities, the requirement for loading areas may be waived by the Planning Board through the development plan review process. (4) Bicycle parking requirement. The following provisions apply in all zoning districts. (a) Bicycle parking spaces shall be provided as shown in Table 375.405.5 Table 375.405.5 Minimum Required Bicycle Parking Land Use Category Bicycle Parking Spaces Required Enclosed Spaces Required Household Living 2 spaces or 10% of required vehicle Dwelling, multi-unit Minimum 60% enclosed spaces, whichever is greater. Group Living Assisted living facility or nursing home 3 spaces Minimum 60% enclosed Community residential facility Group living, other 112 Table 375.405.5 Minimum Required Bicycle Parking Land Use Category Bicycle Parking Spaces Required Enclosed Spaces Required Dormitory 20% of required vehicle spaces 3 spaces or 10% of required vehicle Rooming house Minimum 30% enclosed spaces, whichever is greater CIVIC AND INSTITUTIONAL USES Club 3 spaces or 10% of required vehicle Community center spaces, whichever is greater; Cultural facility Higher education institution 20% of required vehicle spaces; Minimum 30% enclosed Hospital 5% of required vehicle spaces; 10% of required vehicle spaces, Religious institution whichever is greater School 20% of required vehicle spaces 10% of required vehicle spaces, n/a Stadium or arena whichever is greater COMMERCIAL USES Agriculture and Animal-Related 3 spaces or 10% of required vehicle Plant nursery spaces, whichever is greater n/a Veterinarian or kennel 3 spaces Food and Beverage Services Bar or tavern 3 spaces or 10% of required vehicle n/a Restaurant spaces, whichever is greater Guest Accommodations Bed-and-breakfast 3 spaces or 10% of required vehicle n/a Hotel spaces Office and Services Beauty salon or spa Blood plasma center Laboratory or research facility Minimum 60% enclosed Medical clinic 10% of required vehicle spaces Office Personal or business service Trade school Recreation and Entertainment Adult entertainment Indoor recreation or 3 spaces or 10% of required vehicle n/a entertainment spaces, whichever is greater Outdoor recreation or 113 Table 375.405.5 Minimum Required Bicycle Parking Land Use Category Bicycle Parking Spaces Required Enclosed Spaces Required entertainment Retail General retail Specialty retail Adult retail 3 spaces or 10% of required vehicle Controlled substance n/a spaces, whichever is greater dispensary Convenience retail Supermarket Vehicles and Equipment Parking structure 10% of required vehicle spaces Minimum 60% enclosed Vehicle fueling station 3 spaces n/a INDUSTRIAL USES Commercial Services Self-storage facility 3 spaces n/a Manufacturing, Production, and Extraction 3 spaces or 10% of required vehicle Artisan manufacturing n/a spaces, whichever is greater (5) Parking layout and design. (a) General standards. (i) No parking area shall be used for the sale, storage, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies, unless permitted under § 375-303. (ii) No surface parking area shall be used for sales of goods at retail or wholesale unless permitted under § 375-303. (iii) Boats, boat trailers, trailers, campers, and recreational vehicles shall only be stored in a rear yard. (b) Parking location. (i) In the R-M, R-V, MU-NE, MU-NC, MU-I, MU-CU, MU-DT, and I-1 Districts, off-street parking and vehicle maneuvering areas shall be provided behind the front wall plane of new and redeveloped buildings, or shall be located within the principal building or within a garage structure, to the maximum extent practicable. (ii) In the MU-FW, MU-FC, MU-FS, and MU-FM Districts, off-street parking facilities shall be located to 114 the rear of the primary building, within the principal building, or within a garage structure. (iii) On lots in the nonresidential zoning districts that are adjacent to a residential zoning district, parking spaces shall not be located within 10 feet of the front lot line. (iv) Parking spaces for any single- or two-unit dwelling structure shall not be provided in the front setback area or any area forward of the front wall plane of the structure unless they are located on a paved area that does not exceed 35% of the lot width. The maximum percentage of lot width used for parking may be increased to 50% if at least the additional 15% of lot width used for parking is surfaced with pervious pavers acceptable to the City, rather than with an impervious surface. (v) Parking of any motor vehicle on dirt, grass, or any surface other than paving material or pervious pavers acceptable to the City is not permitted. (c) Parking lot and garage design standards. (i) General standards. A. Parking areas shall be arranged with turnaround areas to permit cars to exit the area without backing onto any street or sidewalk. B. Every parking lot containing 20 or more spaces shall be provided with a two-way driveway not exceeding 20 feet in width or two one-way driveways not exceeding 12 feet in width. C. All parking space stalls shall be clearly marked on the pavement. D. Car stops or other suitable devices, as determined by the Chief Planning Official, may be required to protect fencing, landscaping, and other screening devices from damage. E. All parking lots and garages shall comply with the outdoor lighting standards in § 375-408. F. All surface parking lots shall provide a snow storage area sized to accommodate expected snowfall and located to ensure that fencing, landscaping, and other screening devices are protected from damage. (ii) Off-street parking layout dimensions. All required parking spaces shall comply with the minimum dimensions for spaces shown in Figure 375.405.1 and described Table 375.405.6 below. Table 375.405.6 Parking Layout Dimensions (1) Parking angle (degrees) [1] 0° 30° 45° 60° 90° (2) Space width (feet) 9 9 9 9 9 (3) Curb length per space 22 20 14.2 11.5 10 (feet) (4) Space depth (feet) 10 18.7 21.4 22.4 20 (5) Access aisle width (feet) 12 11 14 [2] 19 [2] 24 [2] 115 Table 375.405.6 Parking Layout Dimensions NOTES: [1] If the degree of angle of parking provided is not listed, the aisle width required shall be the next largest angle of parking shown. [2] If parking spaces are located only on one side of the access aisle, the width of the access aisle may be reduced by 20% but not less than 12 feet wide, or 18 feet wide if a designated fire lane. (iii) Surfacing and drainage. (a) Except as otherwise provided for in Subsection (5)(a)(iii)(b) below, all off-street parking and loading areas shall be surfaced with asphalt, concrete, brick, stone, pavers, or an equivalent hard, dustless, all- weather, and bonded surface material approved by the City. Use of surfacing that includes recycled materials such as glass, rubber, used asphalt, brick, block, and concrete is encouraged. (b) Pervious or semipervious surfacing materials A. The use of pervious or semipervious surfacing materials including but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids may be approved for off-street parking and loading areas, provided that the surfacing is subject to an ongoing maintenance program (e.g., sweeping, annual vacuuming). B. Any pervious or semipervious surfacing used for aisles within, or driveways to, parking and loading areas shall be approved by the City as capable of accommodating anticipated traffic loading stresses, drainage and maintenance impacts. C. Where possible, such materials should be used in areas proximate to and in combination with on-site stormwater control devices, such as bioswales. D. In the PB-O District, use of pervious or semipervious paving materials is mandatory rather than optional. (iv) Landscaping and screening. All parking lots for four or more spaces shall comply with the following requirements: [Image] A. Landscaping. An area equal to at least 7% of the surface area occupied by the parking lot, inclusive of any driving aisles and driveways, shall be landscaped. 1. Parking lot screening provided under Subsection (5)(c)(iv)(B) and (C) below shall not be used to meet this 7% landscaping requirement. 2. A minimum of one tree island containing at least 80 square feet of land area, which shall include at least one shade tree or larger, shall be provided for every 20 parking spaces. 116 3. Any curbs installed at the edges of required perimeter and interior landscaped areas shall have openings that allow drainage from the pavement to enter and percolate through the landscaped areas. 4. Mulch shall not be installed adjacent to any sidewalk, parking area, or driveway with less than a one- foot border of grass or other permanent live ground cover to ensure mulch is not washed into the drainage system. B. Screening of adjacent lots. Where a parking lot is adjacent a lot being occupied by a principal use categorized as a household living use in Table 375.302.1 (Permitted Use Table), and the parking lot is not separated from the adjacent property by a principal or accessory structure, buffer landscaping shall be required in a manner consistent with Section 375-406(5)(b)(i)(A) or (B). C. Screening of frontages. 1. Where a parking area or lot (excluding driveways) is located within 30 feet of a front lot line, and is not separated from the front lot line by a principal or accessory structure, the parking area or lot shall be screened from the street by one or both of the following, located within five feet of the front lot line: a. A masonry wall (not including concrete masonry unit blocks) between 30 and 36 inches in height; or b. A decorative wrought-iron-style fence between 30 and 42 inches in height, with masonry piers that may extend to 48 inches in height but do not exceed 18 inches in width, viewed from the street, and do not occupy more than 20% of the length of the fence; or c. A continuous line of shrubs that achieves 80% opaque screening between 30 and 48 inches in height during summer months. 2. The location of required parking lot landscaping shall allow visibility from adjacent streets and from at least one pedestrian entry to a principal building on the lot to the maximum extent practicable. (v) Pedestrian safety. A. Each surface parking area containing 100 or more parking spaces, any of which are located more than 300 feet from the front facade of the building, shall contain at least one walkway that enables a pedestrian to travel from the farthest row of parking to the primary building entrance without crossing any parking spaces or drive aisles. Additional walkways shall be included and spaced 200 feet apart to ensure that no parking space in the farthest row of the parking lot is more than 200 feet from any walkway. If there is a public sidewalk along the street frontage located within 50 feet of any required walkway, the walkway shall connect to that sidewalk. B. The City may require installation of pedestrian safety devices, such as convex mirrors or other warning devices, if the Chief Planning Official determines that there would be a significant risk to public health or safety without the installation of those devices. (vi) Parking garage design. Aboveground parking garages or portions of structures occupied by automobile parking shall meet the following standards: 117 A. The height of an accessory parking garage shall not exceed the height of the principal structure it is intended to serve. B. Open-air, rooftop parking is permitted, but shall be screened by a parapet wall or similar building feature that is an integral part of the building's architectural design and is of sufficient height to screen the parked and circulating vehicles when viewed at ground level from any public right-of-way adjacent to the property. C. All vehicle parking surfaces along any street frontage of the garage shall be horizontal, rather than an angled surface or ramp leading to a higher or lower level of the garage. D. Elements such as decorative grillwork, louvers, or translucent materials shall be used to cover window- like openings on all elevations facing a public right-of-way. The design and materials shall conceal the view of all parked cars below the hoodline through the use of opaque or semi-opaque facade materials that extend at least three feet in height above the vehicle parking surface. E. When located in any mixed-use zoning district and the ground floor of a building is intended for use as parking, it shall be designed so that any frontage adjacent to a public street has a minimum floor to ceiling height of 13 feet and a minimum bay depth (not required for vehicle circulation inside the garage) of 20 feet, in order to accommodate commercial or institutional uses along the street frontages, or to allow conversion of street frontage spaces to commercial or institutional uses in the future. F. Any vehicle exit barrier, including but not limited to a gate or payment booth, shall be located at least 20 feet inside the exterior wall of the parking structure. (6) Design and use of off-street loading areas. (a) Off-street loading spaces shall be located on the same lot or parcel as the structure or use for which it is provided. (b) Loading spaces and maneuvering areas shall be designed so that loading operations: (i) Do not encroach upon any sidewalk, street, public right-of-way, or fire lane; and (ii) Do not occupy any required off-street parking spaces or access driveways. (c) No loading space shall be located within any required front yard. (d) No loading space shall be located closer than eight feet from a lot line abutting any residential zoning district. (e) All loading areas shall comply with the landscaping and screening standards in § 375-406(8). (f) All loading areas shall comply with the outdoor lighting standards in § 375-408. (g) All loading areas shall provide a snow storage area sized to accommodate expected snowfall and located to ensure that fencing, landscaping, and other screening devices are protected from damage. (7) Drive-through vehicle stacking standards. The following standards apply to all properties with a drive- 118 through facility designed for access from a vehicle (rather than a walk-up facility). (a) Stacking space requirements. Vehicle stacking spaces for drive-through facilities shall be provided to comply with Table 375.405.6 and Figure 375.405.3. Table 375.405.6 Drive-Through Stacking Space Requirements Minimum Stacking Spaces Activity Measured From (per lane) Bank, financial institution, or automated MU-CH: 4 ATM or window teller machine (ATM) Other districts: 2 MU-CH: 4 Restaurant/retail store Pick-up window Other districts: 2 Full-service vehicle washing MU-CH: 4 Outside of washing bay establishment Other districts: 2 Self-service or automated vehicle 1 Outside of washing bay washing establishment NOTE: If the use or activity that is being served by the drive through is not listed, the requirements shall be determined by the Chief Planning Official based on anticipated need and avoidance of traffic congestion on adjacent streets. (b) Location and design of stacking lanes. (i) Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be audible beyond the lot line of the site. (ii) No service shall be rendered, deliveries made, or sales conducted within the required front yard or corner side yard; customers shall be served in vehicles through service windows or facility located on the noncorner sides and/or rear of the principal building. (iii) Drive-through stacking lanes shall have a minimum width of 10 feet and a minimum length of 20 feet. (8) Bicycle parking design standards. (a) Bicycle parking shall be located in highly visible areas near the intended use. (b) Bicycle parking racks shall be positioned out of walkway clear zones. (c) Bicycle parking racks shall be located to avoid potential conflict with parking and circulation of motor vehicles. (d) Bicycle parking racks shall support the frame of a bicycle upright in two places. (e) Bicycle parking racks shall enable the bicycle frame and one or both wheels to be secured through use 119 of a U-type lock. (f) Bicycle parking racks shall be securely anchored to an approved hard surface. (g) A two-foot-by-six-foot space is required to accommodate two bicycles. (h) Parallel bike racks shall have a minimum on-center spacing of 30 inches. Spacing of 48 inches is optimal. (i) Enclosed bicycle parking. (i) Required enclosed bicycle parking shall mean bicycle parking that is located in one of the following: A. In a locked room; B. In an individual or community storage area; C. In a bicycle locker; D. In a locked area that is enclosed by a fence or wall with a minimum height of eight feet; E. In a private garage serving a dwelling within a multi-unit (residential) building; or F. Inside a residential dwelling unit if the dwelling unit has an exterior ground floor entry. § 375-406 Landscaping, screening and buffering. (1) Purpose. The intent of this § 375-406 is to: (a) Promote a healthy environment by providing shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff management, erosion control, and reductions in noise, glare and heat island effects; and (b) Provide visual buffering from streets, buffering of potentially incompatible land uses, and generally enhance the quality and appearance of the City; and (c) Encourage the preservation of existing trees and vegetation that offer environmental, aesthetic, habitat, sustainability, and economic benefits to the City and its citizens. (2) Applicability. (a) This section applies to all regular and form-based districts unless explicitly stated otherwise in this section or unless expressly addressed within the standards for form-based districts in which case the standards governing form-based districts shall apply to those districts. (b) No existing development or lot shall be altered in a way that decreases compliance with the landscaping, screening or buffering requirements contained in this section. 120 (c) Compliance with the provisions of this section is required when: (i) A new primary structure is constructed; or (ii) The gross floor area of an existing principal structure is increased by more than 25%; or (iii) An existing principal structure is relocated on the lot or parcel; or (iv) The principal structure is renovated or redeveloped (including but not limited to reconstruction after fire, flood, or other damage), and the value of that renovation or redevelopment, as indicated by the building permit or applications, is more than 25% of the actual value of the property, as indicated by City tax assessment records; or (v) A new parking lot containing four or more spaces is constructed; or (vi) An existing parking lot containing four or more spaces is redesigned or reconstructed with significant changes to the layout of parking spaces, driving aisles, and access drives. (d) In case of any conflict between the various landscaping standards in this § 375-406, the stricter standard shall apply. Wherever the requirement for two or more landscaping standards overlap, the same plant material may be counted toward meeting the requirements of both standards. (3) General landscaping standards. (a) Required plant materials. (i) Tree and shrub species used to meet the landscaping requirements shall be from the City of Albany Selected Plant List, as approved by the City Forester, and as may be amended from time to time. Upon presentation of evidence, the Chief Planning Official may authorize alternative species or cultivars that meet the intended purpose, are not invasive or hazardous, and are equally hardy and capable of withstanding the local climate. (ii) Plants listed on the City of Albany Prohibited Plant List, as amended, or on any state government list of invasive or prohibited species shall not be installed and shall not be counted towards meeting any landscaping requirement. (iii) All plant material shall be hardy to the Albany region, suitable for the site, free of disease and insects, and shall conform to the American Standard for Nursery Stock (ASNS) of the American Nursery and Landscape Association for the quality and installation of that plant. (iv) In all areas where landscaping is required, a minimum of 80% of the surface area shall be covered by living materials, rather than mulch, bark, gravel, or other nonliving material. (v) The use of synthetic vegetation (plastic plants, etc.) shall not be used to meet any of the required landscaping, screening, or buffering standards. 121 (vi) Landscape areas, as required by this USDO, shall be designed to be drought-tolerant. (vii) In the PB-O Pine Bush Overlay District, species chosen from a list of species native to the Albany Pine Bush Preserve maintained by the Pine Bush Preserve Commission. (b) Soil condition and planting beds. (i) All landscaping required by this USDO shall be planted in uncompacted soil. (ii) The planting bed of required trees and shrubs shall be mulched with shredded bark or wood mulch. The planting bed for ground cover plantings, including perennial and annual flowers, shall be mulched. (iii) All landscaped areas shall be protected from vehicular encroachment by curbs or wheel stops. Curbs shall be provided with openings to accommodate surface collection of stormwater runoff in vegetated swales and detention facilities. (c) Minimum plant sizes at installation. Unless otherwise specifically noted, the minimum plant size of required landscaping at the time of installation shall be according to Table 375.406.1. Table 375.406.1 Minimum Plant Size Plant Type (ASNS types) Minimum Size Deciduous shade tree (mature height 2-inch caliper, measured 6 inches above the ground, as specified greater than 30 feet) by the American Standard of Nursery Stock 4 feet in height, as specified by the American Standard of Nursery Ornamental tree Stock, except for true dwarf species Conifers 6 feet in height Shrubs 5-gallon container size Ground cover plants (crowns, plugs, A species-appropriate number to provide 50% surface coverage containers) after 2 growing seasons Grass seeding or sod Seed mix shall be of pure live seed weight and 99% weed free (d) Plant material spacing. [Image] (i) A minimum three-foot radius shall be provided free of trees or shrubs around fire hydrants, valve vaults, hose bibs, manholes, and fire department connections. (ii) Where tree planting requirements are based on linear street frontage, areas occupied by driveways shall be included when calculating the number of trees required to be planted, and all trees that would otherwise be required in driveways shall be planted in other landscaped front yard areas. (iii) The Chief Planning Official or the City Forester may authorize adjustments to these spacing requirements when required due to topography, drainage, utilities or obstructions, or because of the space needs of different species of vegetation, provided that the total amount of required landscaping is 122 not reduced. (e) Vegetative coverage. Except as exempted by this subdivision, any development or redevelopment site that triggers the requirements of this section shall ensure that landscaping, screening, and/or buffering achieves at least the equivalent of 30% lot coverage by vegetated material. (i) For the purposes of this requirement: A. “Vegetative coverage” shall mean live plants, including grass, flowering plants, shrubs, and shade or ornamental trees (plastic or other manufactured materials are not permitted). B. For landscaping, screening or buffering to count towards these vegetative requirements, 80% of the surface area shall be covered by living materials rather than mulch, bark, gravel, or other non-living materials. C. Vegetation required to comply with other screening, buffering and landscaping requirements of this USDO, such as for parking lots, utilities, and trash receptacles, shall count towards this 30% vegetative coverage requirement. D. Green roofs or any plantings more than 4 feet above grade shall not count towards this requirement. E. Whenever possible, the vegetative requirements of this subdivision shall be consolidated to create a green space that is usable for active or passive recreation or communal gathering spots. (ii) Exemptions. This vegetative requirement shall not apply to: A. Any development or redevelopment in the R-T, MU-CU, MU-CH, MU-DT, MU-FC, MU-FW, and I-2 districts, provided however, any development or redevelopment in these districts shall be encouraged to meet these vegetative coverage requirements to the greatest degree practicable. B. Any development or redevelopment in a Mixed-Use or Special Purpose district where one or more abutting properties are built to the front lot line, sidewalk, or equivalent street frontage and the entire development or redevelopment involves less than a half-acre, except that development or redevelopment shall meet these vegetative coverage requirements to the greatest degree practicable and shall otherwise comply with the screening and buffering requirements of this USDO. C. Any development or redevelopment that primarily involves interior renovations and does not otherwise increase lot coverage with structures or parking lots. (iii) Unless otherwise exempted by the above provisions or a lot falls within the boundaries of the Park South Urban Renewal Plan, the Planning Board shall not have the authority to waive this vegetative requirement whenever any portion of a proposed development abuts an R-1L, R-1M, or R-2 district. Whenever a waiver is granted by the Planning Board, compliance with the vegetative coverage requirement shall be required to the greatest extent practicable. (f) Snow storage areas. Snow storage area(s) shall be provided to ensure that landscaping, fencing and other 123 screening devices are protected from damage during snow storage operations. (4) Street trees and lot frontage landscaping. (a) Street trees required. (i) At least one shade tree shall be planted per 35 linear feet of street frontage, to be arranged as follows: A. Shade trees shall be located in the planting area between the sidewalk and street or curb, and shall be planted with thirty-five-foot on-center spacing to the maximum degree practicable; or B. Where a detached sidewalk does not exist, shade trees shall be planted in alignment with any similar street frontage landscaping on adjacent lots. [Image] (ii) Where the planting of shade trees would interfere with overhead electric power lines, at least one ornamental tree with a mature height of 12 feet shall be planted per 20 feet of street frontage. (iii) Where the sidewalk extends from the back of curb to the lot line or building frontage, tree wells shall be installed in the sidewalk to allow planting of trees. Tree wells in sidewalks five feet wide or less shall be covered with a tree grate or pervious pavement, and the opening in a tree grate for the trunk must be expandable and level with the sidewalk or adjacent surface. (iv) Areas occupied by driveways shall be included when calculating the number of trees required to be planted, and all trees that would otherwise be required in driveways shall be planted in other landscaped front yard areas. (v) Plantings in the public right-of-way shall be at the discretion of the Department of General Services. Plantings deemed unsafe or impracticable by the Department of General Services due to utility, slope, maintenance, location, visibility, alignment, or other factors are not required to be installed in those locations, but the Chief Planning Official may require that substitute landscaping be installed elsewhere on the property. (vi) The Chief Planning Official may authorize adjustments to these spacing requirements when required due to topography, drainage, utilities or obstructions, or because of the space needs of different species of vegetation, provided that the total amount of required landscaping is not reduced. (b) Lot frontage landscaping. (i) Where all or part of a principal structure is located more than 20 feet from the lot line, a minimum of 20% of the area between the front lot line and the primary building facade must be landscaped with vegetative cover, shrubs, or trees. (ii) The following standards shall apply to all lots in a residential zone containing a single-unit or two-unit dwelling that is located more than 20 feet from the front lot line or from a side street lot line: A. No more than 20% of the area between the primary structure and the street shall be covered with 124 impervious surface, and the remainder of such areas shall be landscaped with vegetative cover, shrubs, trees, or other pervious treatment; and B. A walkway of up to five feet in width shall be permitted to cross the area between each street frontage and primary structure or accessory structure, and one driveway of up to 20 feet in width shall be permitted to cross the area between one street frontage to a principal or accessory structure, even if the walkway(s) and driveway would result in more than 20% of the applicable yard having impervious surfaces. (5) Side and rear lot line buffers. (a) Buffering requirements. (i) A landscaped buffer shall be provided along each side or rear lot line by an applicant seeking City approval for development where any of the following abutting conditions occur: A. A lot in the residential zoning district contains a multi-unit dwelling structure or any nonresidential structure abuts a lot that contains an occupied single-unit detached dwelling, two-unit detached dwelling, or townhouse. B. A lot in a mixed-use or special purposes zoning district that contains a multi-unit dwelling structure or any nonresidential structure abuts a lot in a residential zoning district that contains an occupied single- unit detached dwelling, two-unit detached dwelling, or townhouse. C. A lot is occupied by a principal use categorized in Table 375.302.1 (Permitted Use Table) as an industrial use, other than artisan manufacturing, and abuts a lot occupied by a principal use categorized in Table 375.302.1 (Permitted Use Table), as an artisan manufacturing, or anything other than an industrial use. D. Except in the MU-DT zoning district, where a new or redeveloped detached principal structure will contain four or more stories or the development will occupy one acre or more, and the abutting property contains a principal structure containing two or fewer stories. (b) Buffer options. (i) Where buffer landscaping is required pursuant to Subsection (5)(a), the buffer landscaping shall comply with one of the following options: A. A landscape buffer area at least 10 feet wide, containing at least one shade tree for every 35 linear feet of lot line and three large shrubs per 25 feet of lot line, with spacing designed to minimize sound, light, and noise impacts, and with living materials covering at least 75% of the ground surface of the required area; or B. An opaque wall, fence, or a vegetative screen with at least 50% opacity, six feet in height in areas behind the front facade of the primary building, and four feet in height forward of the front facade of the primary building, meeting the requirements of § 375-406(7) below. 125 1. If a wall or fence is used to meet this requirement, the fence shall be placed on the applicant's property, the side facing away from the applicant's property shall be at least as finished in appearance as the side facing the applicant's property. 2. If a dense vegetative screen is proposed, it shall be at least four feet in height at the time of planting. (ii) In any case where the abutting property is a single-family detached dwelling, a two-family detached dwelling, or a row house, and a fence separates the two properties, the required landscaping shall be installed on the side of the fence facing the single-family detached dwelling, two-family detached dwelling, or townhouse, to the maximum extent practicable. (6) Preservation of existing landscaping. (a) In the event that existing, noninvasive vegetation meets the intent of the screening or landscaping requirements, preserved existing vegetation will be credited towards the landscaping required by this § 375-406. (b) Preservation of trees shall be given credit toward required landscaping as follows: (i) Trees may be credited only one time towards one buffer, screen, or other landscape requirement. (ii) Trees shall be located within the required landscape area to which they will be credited. (iii) No credit shall be given for existing vegetation that is invasive or listed in the City of Albany Prohibited Plant List or any state list of prohibited or invasive plants (iv) Tree credits shall be awarded in the quantities shown in Table 375.406.2 below based on diameter at breast height (DBH) approximately 4 1/2 feet from the ground. Table 375.406.2 Tree Preservation Credits Caliper of Preserved Tree (DBH) Reduction in Number of Required Trees Over 12 inches 3 Over 8 inches to 12 inches 2 5 to 8 inches 1 (c) Existing vegetation used to meet the requirements of this § 375-406 shall be protected from damage during construction by a fence erected around an area one foot beyond the dripline of the preserved vegetation, or by other means approved by the Chief Planning Official. (7) Walls and fences. (a) Applicability. All walls and fences shall conform to the provisions of this § 375-406(7), except temporary fences and barricades around construction sites, which are governed by the International 126 Building Code, as amended and adopted by the City, and fences required to be erected by any state, federal, or other agency, and that are governed by the standards of those agencies. (b) Materials. (i) No wall or fence shall include barbed wire, broken glass, electrification, or other material or device intended to cause injury, except as otherwise stated in this § 375-406 or required by state or federal law. (ii) Chain-link fencing is prohibited in any front yard area or on any vacant lot except in the I-1 Light Industrial or I-2 General Industrial zoning districts. (iii) Barbed (not razor) wire is prohibited in all areas except the I-2 General Industrial zoning district, or as required for public safety in and around major public utility or services uses. (iv) No wall or fence shall be constructed of scrap or waste materials unless those materials have been recycled or reprocessed into building materials for sale to the public. (v) No fence intended as a permanent structure shall be constructed of canvas, cloth, wire mesh, chicken wire, snow fencing, or any other similar material. (vi) A fence designed to be structurally supported by posts, cross members, or rails on one side only shall be erected with the posts, cross members, or rails on the fence owner's side. The finished side of the fence (without supporting posts, cross members, or rails) shall face adjacent properties or the public right-of- way. (vii) All fences constructed of pressure-treated wood shall be painted or finished with a solid color or stain within one year of installation. (c) Height and opacity. (i) Walls and fences located in any front yard, not including a yard area behind the front wall plane of the principal building and facing the secondary street on a corner lot, shall not exceed four feet in height and shall be a maximum 60% opaque, except in the I-1 and I-2 districts, where they shall not exceed six feet in height. (ii) Walls and fences located in any side or rear yard, including corner side yards, shall not exceed six feet in height, except in the I-1 and I-2 districts, where they shall not exceed eight feet in height. (iv) Where a lot is not improved with a principal structure, the wall planes of any adjacent buildings shall be used for determining the front and corner side yards. (v) Fences and walls shall comply with vision clearance requirements, as established by § 375-406(9), where located on a corner lot and if located within 10 feet of a driveway on an abutting lot, shall not exceed 3 feet in height for the portion within 10 feet of the right-of-way. (vi) Notwithstanding Subsection (7)(b)(i) and (ii) above, fences constructed for the purposes of enclosing an 127 outdoor recreation or entertainment use may exceed the maximum height but shall not be located closer than 10 feet from any lot line. (d) Setbacks. No minimum distance shall be required between a wall or fence and a lot line unless otherwise specified in this USDO. (8) Screening of service areas and equipment. (a) Screening of loading, service, and trash enclosure areas. [Image] (i) Where a loading, service, or trash enclosure area is located adjacent to a lot occupied by a principal use categorized in Table 375.302.1 (Permitted Use Table) as a household living use, the loading or service area shall be screened from the adjacent district or residential use by: A. An opaque wall, fence, architectural feature, or architectural extension of the building, eight feet in height, that relates to the overall design of the principal structure; or B. A vegetated screen with at least 80% opacity year-round and at least six feet in height at the time of planting. (ii) Where a loading, service, or trash enclosure area serving a use categorized as Industrial in Table 375.302.1 (Permitted Use Table) is located adjacent to a lot occupied by a use not categorized as Industrial in Table 375.302.1 (Permitted Use Table), the loading or service area shall be screened from the adjacent district or residential use by: A. An opaque wall or fence, architectural feature, or architectural extension of the building, eight feet in height, that relates to the overall design of the primary structure; or B. A vegetated screen with at least 100% opacity year-round and at least six feet in height at the time of planting. (b) Screening of roof-mounted mechanical equipment. [Image] (i) Roof-mounted mechanical equipment for any multi-unit or nonresidential principal use, not including solar collectors or wind energy devices, shall be screened by a parapet wall or similar building feature that is an integral part of and compatible with the building's architectural design. (ii) The parapet wall or similar screening feature shall be of sufficient height to screen the mechanical equipment from all sides when viewed from ground level from any public right-of-way adjacent to the property. (c) Screening of ground-mounted mechanical equipment. [Image] (i) Ground-mounted mechanical equipment shall be screened from ground level view from adjacent properties and from all public rights-of-way adjacent to the property by landscaping or by decorative wall or fence that incorporates at least one of the primary materials and colors of the nearest wall of the 128 primary structure. (ii) The wall, fence, architectural feature, or architectural extension of the building shall be of a height equal to or greater than the height of the mechanical equipment being screened. Such wall, fence, or architectural enclosure shall relate to the overall design of the primary structure. (iii) If landscaping is used for screening, the screening material shall be designed to provide 80% opacity within one year of planting along the full required height and length of the screening buffer. (9) Vision clearance and public safety. (a) On any corner lot, no wall, fence, structure, sign, berm, or plant growth that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle. [Image] (b) A minimum three-foot radius shall be provided free of trees or shrubs around fire hydrants, valve vaults, hose bibs, manholes, and fire department connections. (10) Undeveloped lots. (a) Undeveloped lots shall be graded and drained so that no mud or gravel is washed across a public sidewalk. (b) Undeveloped lots shall be landscaped and maintained or surrounded by a fence, wall or hedge meeting the requirements of §375-406(7). (11) Stormwater management. (a) All development and redevelopment in the City shall comply with the requirements of Article 14 of Chapter 133 (Stormwater Management and Erosion Control) of the City Code, and with Chapter 299 (Sewers) of the City Code. (b) Each application for development shall be referred to the Department of Water and Water Supply for a determination of whether the existing sanitary and storm sewer infrastructure is adequate in size, location, connectivity, and construction quality to accommodate expected flows of both sanitary sewer and stormwater from the proposed facility. If the Albany Department of Water and Water Supply determines that the existing sanitary and/or storm sewer infrastructure is not adequate to accommodate expected sanitary and stormwater flows from the proposed development, the City may require that the applicant modify the proposed development and/or install or contribute a proportional share of the overall cost to the installation of required storm and sanitary sewer infrastructure before the proposed development is approved, and the applicant may be required to pay its proportionate share of those costs. (c) All development and redevelopment within the City with a proposed area of disturbance greater than or equal to 1/4 of an acre in size shall comply with the latest version of the New York State Department of 129 Environmental Conservation Stormwater Management Design Manual that are written as applicable to properties with areas of disturbance of one acre in size or larger. (d) The maximum allowable design peak-flow stormwater discharge into the combined sewer system shall be limited to the calculated peak-flow discharge of the ten-year storm for undeveloped site conditions, as determined by a professional engineer, and to be reviewed and accepted by the Department of Water and Water Supply. § 375-407 Building and streetscape design. (1) Purpose. The purpose of the standards in this § 375-407 is to: (a) Ensure that new construction and significant expansions of existing buildings contribute to and improve the visual quality of the City; (b) Encourage further investment in the City by reducing the risk of low-quality development on adjacent parcels; and (c) Create a more pedestrian-friendly street environment to encourage walking, energy conservation, and public health. (2) Applicability. (a) The standards in this § 375-407 shall apply to any construction, expansion, or renovation of a building that is visible from a public right-of-way. (b) Notwithstanding Subsection (2)(a) above, the standards in this § 375-407 do not apply to: (i) Any construction, expansion, or renovation of a principal structure in the HR-O District; and (ii) Any construction, expansion, or renovation of a principal structure in the LC District; and (c) These standards shall apply to all form-based districts unless addressed within the form-based standards in which case the form-based standards will prevail. (3) Existing building standards. (a) Building materials. (i) Original materials shall be retained, maintained, repaired or uncovered wherever possible and to the maximum extent practicable. (ii) Additions and alterations shall be composed of materials that complement adjacent facades and are compatible with the quality and appearance of traditional materials. (b) Roof shape. Original roof forms, profiles, and cornices shall be maintained to the maximum extent practicable. 130 (c) Fenestration. (i) Original window and door arrangements shall be preserved to the maximum extent practicable. (ii) Window replacements shall match the original size, style, and configuration to the maximum extent practicable. (iii) Windows and doors shall not be boarded up or otherwise visibly blocked. (d) Siding and trim work. (i) Original architectural trim work detailing shall be preserved to the maximum extent practicable. (ii) All new siding shall be installed in a manner that preserves original trim work, such as window crowns, corner boards, dentils, modillions, brackets, ornamental cornices, or other design features of distinction. (e) Porches. (i) All porches shall be retained in their original style with appropriate supports, balusters, railings, and framed latticework to the maximum extent practicable. (ii) If a structure's original style included a porch that is no longer present, the porch may be replaced to match the original style to the maximum extent practicable. (f) Exterior entrance staircases. (i) For principal buildings where the primary entrance is located above grade, a staircase may be constructed to reach the primary entrance. (ii) If the building is of masonry construction, a masonry-type material may be used, provided that it matches the appearance and design of typical masonry stairs of the time period of the building’s construction. (iii) Decorative metal railings shall be allowed if they are consistent with the historic or existing character of the surrounding area. (g) Conversion of a residential structure for nonresidential use in the MU-NE district. (i) No modifications to residential structures (including but not limited to altering windows, adding a storefront, or removing porches or other residential character features) shall be permitted to accommodate nonresidential uses. (ii) Conversions of a residential structure to a nonresidential use shall be done so that the structure is indistinguishable from a structure containing a residential use, except for permitted signage. (4) Infill construction. New development that takes place on undeveloped lots between developed lots 131 facing the same street and each having a principal building located within 25 feet of the lot line or where more than 50% of the lots on the block face are improved with a principal structure shall be designed as follows: (a) New principal buildings shall be designed to be no greater than the average setbacks, heights, and building bulk of buildings with similar principal uses on the same block face and the facing block face to the maximum extent practicable (b) Building characteristics such as roof pitches, gables, and the inclusion (or not) of porches, shutters, and other exterior elements shall conform to the buildings on the same block face and the facing block face to the maximum extent practicable, in order to preserve the character of the block face. (c) New buildings shall be composed of materials that complement adjacent facades and are compatible with the quality and appearance of traditional materials. (5) Building design standards. (a) Building orientation. (i) Buildings shall be designed and oriented with an emphasis on the primary street on which they front. (ii) Buildings located on corner lots shall use design elements that emphasize the importance of both streets. (b) Primary pedestrian entrance. (i) Each principal building shall have one or more operating pedestrian entry doors facing and visible from an adjacent public street. (ii) The primary pedestrian entrance of every principal building giving access to a principal use of the property must directly face a street or a public space such as a central garden or courtyard space opening directly onto the primary street. (iii) The primary public entrance shall be prominently located, easily identifiable, relate to the human scale, and contribute to the overall design intent. (iv) The primary public entrance shall be at grade or seamlessly integrate required handicap accessibility into the design of the building. (v) The location of the primary pedestrian entrance on the building facade shall be emphasized with surrounding architectural recesses, projections, or foundation plantings. (c) Wall plane articulation. When the principal use of the building is not categorized as industrial in Table 375.302.1 (Permitted Use Table), each facade longer than 100 feet in length abutting a public street shall incorporate at least one of the following for each 100 feet of linear building frontage or part thereof: (i) A change of building material and texture (not just color) at least 10 feet in width; or 132 (ii) A recess into the wall plane at least six inches in depth and one foot in width; or (iii) A projection at least six inches from the wall plane and extending at least one foot in width; or (iv) A window extending at least 10 linear feet, inset into the building wall plane at least four inches; or (v) A pedestrian entrance to the building, together with surrounding architectural recesses, projections, or foundation plantings to emphasize the visibility of the entrance, which together extend at least 10 linear feet. Table 375.407.1 Horizontal Articulation Methods Change in material texture, patterning or a. color: a change in material texture, patterning [Image] or color at least 10 feet in width Wall plane recess: a wall plane recess at b. least 6 inches in depth and 1 foot in [Image] width Wall plane projection: a projection at least 6 c. inches from the wall plane and extending at [Image] least 1 foot in width Window extension: a window extending d. at least 10 linear feet, inset into the [Image] building wall plane at least 4 inches Pedestrian entrance: a pedestrian entrance to the building, together with surrounding architectural recesses, projections, or e. foundation plantings to emphasize the [Image] visibility of the entrance, which together extend at least 10 linear feet (d) Facade transparency. (i) All building facades that face onto a street (including secondary or side streets) or public space shall meet the minimum transparency requirements outlined below. [Image] A. Minimum building facade transparency for ground story (retail): 60%. B. Minimum building facade transparency for ground story (uses other than retail): 30%. C. Minimum building facade transparency for upper stories: 30%. (ii) Only clear glass shall be used for display windows, but colored or decorative glass may be used to provide decorative detail in transom or minor accent windows. (iii) For storefronts at the sidewalk level, storefront windowsills shall be located at a maximum of 30 inches 133 above the finished grade at the building line. (iv) Plexiglas and security gates shall be prohibited on any facade that faces a public right-of-way. (e) Nonresidential use frontage requirement. (i) In any mixed-use zoning district except the MU-NE district, the ground floor street frontage of any primary building shall be constructed to accommodate nonresidential uses. This requires a minimum first floor height of 11 feet and an occupiable space extending at least 20 feet from the street frontage facade and at least one pedestrian entrance on that frontage. (f) Ground level treatment. For buildings greater than three stories in height, the street-level facade shall be distinguished from the upper floors through architectural treatments and materials selection to create a visual base for the building and an intimate scale for pedestrians. (g) Roof shape. (i) Roof types shall be typical to the chosen style of building. (ii) Visible roofs shall be designed to complement the composition and form of the building. (iii) Shed roofs shall be concealed with parapets along the street frontage. (iv) False mansard-style roofs shall be prohibited. (h) Parking structures. (i) A liner building should be used to mask the parking from primary and side streets. (ii) Liner buildings: A. Must be at least two stories in height with no less than 15 feet in depth; B. May be detached from or attached to the primary building; C. May be used for any purpose allowed in that zoning district by Table 375.302.1 (Permitted Use Table) except for parking; and D. Must meet the primary facade transparency requirements in § 375-402(1)(c)(v). § 375-408 Outdoor lighting. (1) Purpose. The purpose of this § 375-408 is to: (a) Ensure that vehicle circulation areas, pedestrian circulation areas, parking areas, public gathering spaces, approaches to buildings, and other areas have adequate outdoor illumination to promote safety and walkability at night; 134 (b) Control the negative impacts associated with nuisance outdoor lighting, excessive lighting, dramatic contrasts between lit and unlit areas; to minimize objectionable light spillover onto adjacent properties; and (c) Promote energy efficiency and high-quality lighting with excellent color rendering; and to utilize lighting to improve the nighttime aesthetics of site, landscape, and architectural design. (2) Applicability. (a) All exterior lighting shall comply with the standards of this § 375-408. This shall include but shall not be limited to new lighting and fixture/equipment replacement, whether attached to structures, poles, the earth, or any other location. (b) Lighting for special events, emergencies, construction, or holidays shall be exempt from these decorative lighting standards, provided that the lighting is temporary and is discontinued within seven days of the completion of the project or the holiday for which the lighting was provided. (c) These standards shall apply to all form-based districts unless addressed within the form-based standards, in which case the form-based standards will prevail. (d) Lights such as street lights and traffic control devices installed on a public right-of-way by a governmental agency for public safety shall be exempt from these regulations. (3) Standards applicable to all development. (a) General standards. (i) Lighting color and fixture types shall be consistent through the site and shall complement the architecture of any structures and the landscape of the site. (ii) Lighting fixtures should accomplish a dual purpose, such as architectural lighting that also provides security or landscape lighting that also lights adjacent paths, if possible. (iii) Lighting sources shall have excellent color rendering, with a color rendering index (CRI) of 80 or greater. Light sources of limited spectral emission and with a low CRI, such as low-pressure sodium or mercury vapor lights, are prohibited. (iv) Light trespass onto adjacent properties shall not exceed 0.1 footcandle at the lot line except where adjacent to walkways, driveways, public and private streets. (v) No light source (e.g., bulb or filament) shall be directly visible from a residential zoning district, except for decorative lighting. (vi) All exterior lighting fixtures shall produce at least 80 lumens per watt of energy consumed, as documented by manufacturer's specifications or the results of an independent testing laboratory. 135 (vii) All maximum and minimum lighting levels shall comply with the latest published recommendations of the Illuminating Engineering Society of North America (IESNA). (b) Building lighting. (i) Decorative lighting is permitted to enhance the appearance of a building and/or landscaping, provided that the lighting that does not exceed the minimum levels specified in IES recommended practices for night-time safety, utility, security, productivity, enjoyment, and commerce and all light is cast up away from pedestrians or any adjacent residential district, and does not cause distracting reflections on any storefront window or adjacent properties. (ii) Decorative lighting shall not exceed 100 watts of incandescent illuminance or the equivalent. (iii) Lights shall not be mounted above the parapet or eave on a pitched roof, except for motion-activated security lighting. (iv) Except in the I-2 District, no wall packs or similar lights are permitted unless the fixture cutoff angle effectively eliminates any glare above 0.1 footcandle beyond the lot lines, except where adjacent to walkways, driveways, or public and private streets. (c) On-site driveways, internal circulation paths, and parking areas. (i) On commercial sites, such areas shall be lit with cutoff to full cutoff type lighting fixtures. Incandescent light sources of 100 watts or less or other light sources of 60 watts or less (gaseous discharge) that are located at least 150 feet from the lot line of a residential district are exempt from the cutoff requirements. (ii) Lighting fixtures installed in canopies or similar structures shall be flush-mounted or recessed above the lower edge of the canopy, and shall be equipped with flat or recessed lenses. (iii) Internal sidewalks, walkways, and bicycle paths shall be lit with full cutoff to cutoff shielded lighting fixtures no more than 12 feet tall and providing consistent illumination of at least one footcandle on the walking surface. (iv) Fixture height. A. In the I-1 District, the maximum height of lighting fixtures for driveways and parking areas located at least 750 feet from residential districts and residential uses is 25 feet. B. In the I-2 District, the maximum height of lighting fixtures for driveways and parking areas located at least 750 feet from residential districts and residential uses is 40 feet. C. In all other locations, the maximum height of light fixtures for driveways and parking areas is 20 feet. (4) Pedestrian-scaled lighting required. 136 (i) When a development in a mixed-use zoning district includes more than one acre of land and includes nonresidential uses, pedestrian-scaled fixtures meeting the City's applicable technical construction standards shall be installed on all streets fronting the property. Intersection-scaled lighting may be used in addition to pedestrian-scaled lights where required by the City. (ii) A fee-in-lieu is available if the Commissioner of General Services determines that the lighting deemed undesirable or impracticable by the Department of General Services due to utility, slope, maintenance, location, visibility, alignment, or other factors are not required to be installed. (iii) Lights shall be aligned with street tree placement (generally between 2 1/2 feet and four feet from the back of the curb). Placement of fixtures shall be coordinated with the organization of sidewalks, landscaping, street trees, building entries, right-of-way access locations, and signage. (iv) The height of light fixtures shall be kept low (generally not taller than 15 feet) to promote a pedestrian scale to the public realm and to minimize light spill to adjoining properties. Light fixtures shall be closely spaced (generally not more than 30 feet on center) to provide appropriate levels of illumination. (v) Light poles may include armature that allows for the hanging of banners or other amenities (e.g., hanging flower baskets, artwork, etc.). (vi) There shall be consistency of lighting fixtures within each district to create a unifying scheme of illumination that is appropriate to the scale of the street and the level of nighttime activity. Lamp styles shall not be mixed along any one block of a street. (vii) To increase safety, help geographic orientation, and highlight the identity of an area, the following street elements are encouraged to be lit: A. Edges. Edges of a park or plaza shall be lit to define and identify the space. B. Architectural details. Lighting entrances, archways, cornices, columns, and so forth can call attention to the uniqueness of a building, or place. Lighting of building entrances also contributes to safety. C. Focal points. Lighted sculptures, fountains, and towers in a neighborhood, especially those visible to pedestrians and vehicles, provide a form of wayfinding. § 375-409 Signs. (1) General. (a) Purpose. The purpose of the regulations in this § 375-409 is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types. More specifically, these regulations are intended to: (i) Protect property values; (ii) Create a more attractive economic and business climate; 137 (iii) Enhance and protect the physical appearance of the community; (iv) Preserve the scenic and natural beauty; (v) Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents; (vi) Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; and (vii) Curb the deterioration of the community's appearance and attractiveness. (b) Intent. It is the intent of the City to comply with all applicable laws, statutes, regulations, and federal and state court decisions regarding the regulation of signs, and not to engage in any form of content- based regulation of sign messages prohibited by federal or state constitutions, statutes, or court decisions. (c) Substitution. Noncommercial content may be substituted for other content on any sign permitted under this § 375-409 or any legally nonconforming sign under this USDO. (d) Severability. If any decision, subsection, sentence, phrase or portion of this § 375-409 is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion of these regulations shall be deemed separate and distinct, and any such holding shall not affect the validity or constitutionality of the remaining portions of this § 375-409, which shall remain in full force and effect. (2) Applicability. (a) This § 375-409 shall apply to the erection or continuation of all signs located outside of, or located within but designed to be viewed from outside of, a structure, in all zoning districts, unless specifically exempted by this USDO. (b) In addition to the provisions of this § 375-409, additional sign regulations listed in Article II (Zoning Districts) or § 375-303 (Use-specific standards), and the Manual on Uniform Traffic Control Devices (MUTCD) may apply. If there is a conflict between any sign regulation in § 375-206 (Overlay Districts) and any other sign regulation, the provisions of § 375-206 shall apply. If there is any other conflict between two or more sign regulations in this USDO, the stricter provision shall apply. (c) Notwithstanding the provisions of Subsection (2)(a) and (b) above, the provisions of this § 375-409 shall not apply to any sign erected or required to be erected by any state or federal governmental agency, provided that the size, height, location, and type of sign comply with these provisions to the maximum extent practicable. (d) Any sign legally erected prior to the adoption of this USDO, that is no longer in compliance with the standards in this § 375-409 may be retained in use subject to the provisions of § 375-506 (Preexisting development and nonconformities). (e) These standards shall apply to all form-based districts unless addressed within the form-based standards, in which case the form-based standards will prevail. 138 (3) Standards applicable to all signs. (a) No sign or part of a sign shall be located on any property without the consent of the owner, holder, lessee, agent or trustee or other party controlling the use of such property. (b) No sign may contain flashing, intermittent rotating or moving lights, except: (i) Signs located along Central Avenue, between King Avenue and the City Line; (ii) Signs located within the MU-CH zoning district, subject to the limitations in § 375-409(5)(a)(ii)A3; and (iii) Those signs permitted by § 375-409(5)(a)(ii)A3. (c) Internally illuminated or backlit signs (except for neon tubing) shall be prohibited unless light passes only through sign copy. Any background shall remain opaque and light transmission shall be blocked. (d) No sign shall be constructed that resembles any official marker erected by the City, the State of New York or any governmental agency or that by reason of positioning, shape or color would conflict with the proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular or pedestrian traffic. (e) On any corner lot, no sign that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle. [Image] (f) No sign or sign support shall be placed upon the roof of any building. (g) No signage shall contain any obscene wording or images. (h) Any part of a sign extending over a public right-of-way shall require the approval of the City and shall have a minimum vertical clearance of eight feet above any sidewalk or walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface. (i) Any part of a sign extending over a privately owned pedestrian traffic area shall require the approval of the owner of the property containing the pedestrian traffic area, and shall have a minimum clearance of eight feet above any sidewalk or walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface. (j) All signage shall be constructed of durable material and maintained in good condition and repair, shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections, and shall be constructed to withstand expected wind loads appropriate to design and installation. (k) All building-mounted signs shall be placed and anchored to avoid or minimize damage to any historic surface or character-defining features of a building, and so that the character-defining features of the 139 building are not obscured. (l) Notwithstanding any other provision of this § 375-409, applications for signs to be located on property in the HR-O District shall be referred to the Chief Planning Official or Historic Resources Commission for review and recommendation as to appropriateness with and conformity to such areas' aesthetic, historic and/or architectural integrity. (4) Signs that may be erected without a permit. The following signs may be erected and maintained on private property without a permit or fee, provided that such signs comply with all standards applicable to that type of sign. (a) One nonilluminated sign or marker cut into the masonry surface of a building, not to exceed four square feet in area. (b) Flags not exceeding 60 square feet in area and mounted not more than 50 feet above grade. (c) Directional or warning signs for the convenience and safety of the general public not exceeding four square feet in area and mounted not more than six feet above grade. (d) One nonilluminated sign attached to the front facade of any principal and accessory building, not exceeding one square foot in area and mounted not more than 10 feet above grade. (e) Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose zoning district and that, collectively, do not cover more than 10% of the total window area by story of the applicable structure (exclusive of any window signage or notices required under federal, state, or local law). (f) Up to two temporary signs or banners. In the residential zoning districts, each sign or banner shall not exceed six square feet in area, and shall not be mounted more than six feet above grade. In mixed-use and special purpose zoning districts, each sign or banner shall not exceed 20 square feet in area, signs shall not be mounted more than 10 feet above grade, and banners shall not be mounted above the second story of the building. In all zoning districts, the temporary signs shall be limited to a period of six consecutive months in each calendar year. All temporary signs that related to a specific event or activity shall be removed within seven days of the end of the event or activity to which they relate. (g) A-frame or sandwich-type sidewalk signs in front of establishments in the mixed-use districts that are no taller than three feet, that are located so as to maintain at least a four-foot clear pedestrian passage area on any sidewalk, and that are removed from the sidewalk area when the adjacent establishment is closed for business. (h) Seasonal holiday decorations and lighting. (5) On-premises signs that require a sign permit. (a) The following types of on-premises signs may be erected, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the 140 sign: (i) Type, size, and locations. Table 375.409.1 Type, Size, and Locations of Signs Special Residential Type of Sign Standard Mixed-Use Districts Purpose Districts Districts MU-NE MU-NC MU-CI 1 MU-CU Maximum number MU-CH 1[1] MU-DT 1 per street frontage MU-FW MU-FC 0 MU-FS MU-FM MU-CU Freestanding MU-CH 64[3] Maximum size MU-CI 6[1] MU-DT 64 (square feet) MU-NC 20 MU-NE MU-CU MU-CH 8[3] Maximum height MU-CI 5 MU-DT 6 (feet) MU-NC 5 MU-NE Illumination External only[1] Yes[4] Yes[4] Maximum number per street frontage or 1[1] 1[5] 1 shopfront [7] MU-CU MU-CH 32[3] MU-CI [5] Wall MU-DT Maximum size MU-NC 6[1] [2] 32 (square feet) MU-NE MU-FW 24 MU-FC MU-FS MU-FM 141 Table 375.409.1 Type, Size, and Locations of Signs Special Residential Type of Sign Standard Mixed-Use Districts Purpose Districts Districts Illumination No Yes[4] Yes[4] Maximum number per street frontage or 0 1[6] 1[6] shopfront [7] MU-CU MU-CH 32 MU-CI MU-DT Projecting[8] Maximum size N/A MU-NE 32 (square feet) MU-NC MU-FW 24 MU-FC MU-FS MU-FM Illumination N/A Yes[4] Yes[4] Maximum number per street frontage or 0 1[6] 1[6] shopfront [7] Awning Maximum size of sign area (square N/A 24 24 feet) Illumination N/A Yes[4] Yes[4] NOTES: [1] Limited to multi-unit dwellings and nonresidential uses. Buildings with commercial use or shopfront may be approved for a wall sign of up to 10 [2] square feet provided that the proposed sign is consistent with the character of the building and neighborhood in which it is located, as determined by the Chief Planning Official. In the MU-CH and MU-CI districts, a freestanding directory sign of up to 100 square feet [3] is permitted for multi-tenanted properties that have more than 200 linear feet of street frontage. [4] Applicable signs are subject to the provisions of § 375-408 and § 375-409(3). Additional signs permitted above top row of windows on buildings at least 9 stories in [5] height may not extend across more than 50% of building facade width. [6] Permitted only as alternative to a wall sign. Where more than one sign is allowed for multiple shopfronts, the sign for each shopfront [7] shall not exceed the width of the shopfront. (ii) Standards for specific types of signs. The following regulations shall apply to the specific types of signs listed below: 142 A. Freestanding signs. 1. Freestanding signs shall be monument, or post-and-panel signs. 2. No freestanding sign shall be located less than five feet from the side lot line. 3. In the MU-NC, MU-CU and special purpose districts, up to 20% of the permitted freestanding sign area may be electronically or manually changeable copy. In the MU-CH District, up to 50% of the permitted freestanding sign area may be electronically or manually changeable copy, provided that any electronically changeable copy: a. Does not change images or symbols more than four times each minute, and each change of image takes place in less than one second; and b. The maximum illumination of the electronic copy is not more than 5,000 nits from dawn to dusk or 500 nits from dusk to dawn; and c. Is located perpendicular to a street fronting the property. B. Wall signs. 1. Wall signs shall not extend beyond the ends or over the top of the wall to which the sign is attached. 2. Wall signs shall not project more than nine inches from the face of the building to which the sign is attached. C. Projecting signs. 1. Projecting signs shall not have more than two faces unless located at the corner of a building on a corner lot. 2. The exterior edge of a projecting sign shall not extend more than five feet perpendicular from the building face or 1/3 the width of the sidewalk, whichever is less. D. Awning signs. Awning sign messages shall be integrated into or painted on the awning. No sign shall project outward from an awning surface. (6) Other displays on walls, structures, or sites. (a) General provisions. This § 375-409(6) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, that exceed the height, size, duration, or another physical standard in this section for an attached sign in the zoning district where the wall or structure is located. (b) Special review required. (i) Applications for approval of a display under this § 375-409(6) shall be reviewed by the Planning Board, 143 unless the Planning Board has delegated such duties to the Albany Arts Commission, pursuant to the review criteria in § 375-409(6)(c). (ii) A decision on the application shall be made within 60 days after the City's receipt of a complete application. (iii) An approved special display expands the number, size, and duration of signs otherwise permitted on the property. Any approval of a special display shall not affect the ability of the applicant to erect or maintain any other signs on the property permitted by this § 375-409. (c) Review criteria. The Planning Board may approve an application for a special display if it finds that the proposed display: (i) Is a form of speech or expression protected by the First Amendment to the United States Constitution and/or the New York Constitution; (ii) Will be created, constructed, erected, or displayed in a way that is visually distinct from other permitted signs on the property; (iii) Serves to activate or enhance a public space or streetscape; (iv) Does not exceed the dimensions of any surface upon which it is mounted; (v) Will be treated to address vandalism and exposure to sun; (vi) Will not require extensive or repeated maintenance, or the applicant has provided adequate assurance (including financial assurance) that maintenance and repairs will be timely performed; (vii) Does not create a threat to public health or safety or to vehicular, bicycle, or pedestrian traffic safety or congestion; (viii)Does not create noise, sound, light, reflection, glare, shading, flickering, vibration, or odor impacts on nearby properties; and (ix) Does not impair the performance of required City functions on or around the property. (7) Off-premises signs that require a permit. The following types and numbers of off-premises signs may be erected in the following locations, provided that the applicant obtains a sign permit pursuant to § 375- 505(15) (Sign permit) and a building permit authorizing the erection of the sign. (a) Maximum type, number and permitted locations. (i) Unless otherwise limited by this USDO, off-premises monument, post-and-panel, and pole signs are permitted. (ii) There shall not be constructed, relocated or otherwise erected in the City any off-premises signs or sign 144 faces that would result in more than 95 off-premises sign faces existing in the City. (iii) Off-premises signage, including billboards, is prohibited except in the following designated areas: A. The area along Interstate 90 bounded by its intersection with the City line to the east and its intersection with Central Avenue to the west, not to exceed a distance of 75 feet from the state right-of-way. B. The area along Interstate 787 bounded on the south by a line drawn in a generally easterly direction from its intersection with Clinton Avenue and the City line north, not to exceed a distance of 75 feet from the state right-of-way. C. The area along Interstate 787 bounded by its intersection with Route 9 to Madison Avenue on the north, not to exceed a distance of 75 feet from the state right-of-way. (iv) Notwithstanding the provisions of Subsection (7)(a)(ii) above, no off-premises sign visible from a public right-of-way shall be constructed at any location having principal frontage on any street within 150 feet of any property that is used for public parks, schools and churches, having its principal frontage on the same street. (b) Maximum size and height. (i) The maximum area for any one face of an off-premises sign shall be 700 square feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. Cutouts not exceeding 20% of the maximum areas may be added to each face of an off-premises sign. (ii) The maximum height for any off-premises sign, exclusive of cutouts, shall be 60 feet. All measurements are to be taken from the grade level at which the sign is located. (c) Relocation. Off-premises signage removed from the prohibited areas in accordance with the provisions of this § 375-409(7) may be relocated and reconstructed in the areas listed in Subsection (7)(a) above. (d) Legally nonconforming off-premises signs. (i) Off-premises signs in existence on the effective date, December 7, 1992, of this § 375-409(7) that have been legally erected and maintained, but that do not comply with the provisions this § 375-409(7), may continue to be maintained and repaired in place, so long as the size of the sign is not increased in terms of faces, length, height, or illumination levels. (ii) Legally preexisting nonconforming signage that is removed for reasons other than being illegal pursuant to this § 375-409(7) may be removed and relocated in accordance with Subsection (7)(c) above, provided that the style and type of the sign is not changed. § 375-410 Operating and maintenance. (1) Operating standards. (a) All structures, uses, and activities in all zoning districts shall be used or occupied to avoid creating any 145 dangerous, injurious, noxious or otherwise objectionable conditions that would create adverse impacts on the residents, employees, or visitors on the property itself or on neighboring properties. Uses and activities that operate in violation of applicable state or federal statutes or this USDO are presumed to be a violation of this § 375-410 and shall be subject to the penalties of § 375-507 (Enforcement and penalties). Property owner responsibilities under this section shall include, but shall not be limited to, the following standards: (i) Electromagnetic radiation. No use or activity shall create or operate an intentional source of electromagnetic radiation that does not comply with the then current regulations of the Federal Communications Commission regarding that type of electromagnetic radiation source. (ii) Emissions. No emission of toxic gases or other forms of air pollution may be permitted that can cause any damage to human or animal health, vegetation or other properties. (iii) Glare. In addition to complying with the requirements of § 375-408 (Outdoor lighting), all uses and activities shall be conducted so that direct or reflected glare, including glare from exterior lighting or high-temperature processes (such as combustion or welding), shall not be visible beyond the lot line. (iv) Hazardous materials. All uses and activities shall comply with state statutes and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous waters, toxic materials and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances. (v) Materials and waste handling. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with the requirements of this USDO. Lubrication and fuel substances shall be prevented from leaking and/or draining onto the ground or into the soil. All sewages and industrial wastes shall be treated and disposed of in compliance with all applicable state and federal government water quality standards. (vi) Noise. All activities shall comply with state law regarding permissible levels of noise and shall be conducted so as to avoid the creation of any noise that would create a public nuisance interfering with the use and enjoyment of adjacent properties. Any amplified sound equipment shall be mounted so as to direct sound inward from properties, rather than outward towards property boundaries. Amplified sounds at a level higher than 65 decibels (the level of normal conversation) shall not be allowed to cross lot lines unless an approval has been issued for that purpose in connection with a special event. (vii) Nuclear radiation. No use or activity shall cause radiation at any lot line in violation of any applicable United States Nuclear Regulatory Commission regulations. (viii)Odors. All activities shall comply with all state regulations regarding permissible odors. No operation shall cause or allow the emission of any odorous air contaminant that is a nuisance, hazard or exceeds applicable federal or state regulations. If the Chief Planning Official determines that there is a risk of odors that may not comply with these standards, detailed plans for the prevention of odors crossing lot lines may be required before the issuance of a development or building permit. 146 (ix) Smoke. All activities shall comply with any applicable regulations concerning permissible smoke. No operation shall discharge contaminants into the atmosphere at levels that exceed threshold limits listed by the American Conference of Governmental Industrial Hygienists (ACGIH) in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property exceeds such threshold limits established by the ACGIH or by any state or federal law or regulation. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited. (x) Vibration. No use or activity shall cause inherent or recurring generation of vibration perceptible without instruments at any point along the lot line. Temporary construction is excluded from this restriction. (xi) Nuisance prohibited. All structures and land uses within the City shall be constructed, used, operated, and maintained in such a manner so as to be free of nuisances, as defined in state law. (2) Hours of operation. (a) In the R-1L, R-1M, R-2, R-T, R-M, and R-V zoning districts, no nonresidential use shall operate before 8:00 a.m. or after 10:00 p.m. (b) In the MU-NE zoning district, no nonresidential use shall operate before 6:00 a.m. or after 11:00 p.m. (c) In the, MU-NC, MU-CU, MU-CI and MU-FM zoning districts, no use categorized as a food and beverage use in Table 375.302.1 (Permitted Use Table) shall operate before 5:00 a.m. or after 2:00 a.m. (d) Sidewalk and outdoor cafes shall be subject to the hours of operation established in § 375-303(6)(l). (3) Parking area lighting. (i) Parking lot lighting shall be turned off within one hour after the end of business closing and shall remain off until one hour before business opening. (ii) A maximum of 25% of the total luminaires used for parking lot illumination may remain in operation after the end of business closing to provide security, unless the Chief Planning Official determines that additional security lighting is needed due to the nature of the use or facility. (3) Property maintenance standards. (a) General. When the standards and procedures of this USDO or conditions attached to any permit, approval, or variance require that any building or site feature be constructed or installed, the property owner is responsible for maintaining those buildings or site features in good repair, and for replacing them if they are damaged or destroyed or, in the case of living materials, if they become diseased or die after installation. In addition, property owners shall be responsible for each of the additional maintenance, replacement, and operating standards set forth in this § 375-410(3). (b) Landscape maintenance. 147 (i) The trees, shrubs, fences, walls, walks, and other landscaping materials shown on approved plans are approved elements of the project. The property owner and any agents authorized to maintain the property shall be responsible for the continued maintenance of those items. Plant material that exhibits evidence of insect or pest disease or damage shall be treated to remove the disease, and dead plants shall be promptly removed and replaced within the next planting season. Heavy undergrowth and accumulations of plant growth noxious or detrimental to health or safety shall be eliminated. All landscaping will be subject to period inspection by the City to ensure compliance. (ii) Any trees required to be installed by this USDO that are lost to damage or disease shall be replaced by the property owner within six months. Replacement trees must meet the size, quality, and installation standards in this USDO applicable to original installation of landscaping. Shrubbery or other plantings that die shall be replaced in-kind within six months. (iii) Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept trimmed and free from overgrown and unsightly vegetated materials where exposed to public view. (iv) On any parcel in excess of one acre in size, no clear-cutting shall be permitted without Planning Board approval, in accordance with § 375-505(3) (Major development plan review). (c) Parking area maintenance. All surface parking areas and parking structures for more than five vehicles and off-street loading areas shall be screened and maintained in a clean and neat condition. Potholes, surface damage, and other hazardous conditions shall be promptly repaired, and litter and debris shall be removed on a regular basis. Within 24 hours of the end of a snowfall, the owner or operator of each parking lot shall remove snow and ice from the parking area and the sidewalks in front of such property. (d) Sign maintenance. (i) Any private sign that has become damaged, dilapidated, or dangerous shall immediately, or within the period mandated by the Chief Planning Official, be repaired or removed. (ii) If the paint on any sign has chipped, peeled, or flaked to the extent that the sign cannot be read in whole or in part, the sign shall be repainted or removed within 30 days after notice from the City. (iii) Signs that contain messages that have become obsolete because of the termination of the use or business or product advertised, or for some other reason, shall have such message removed within 60 days after becoming obsolete, unless the sign is architecturally historically significant, or is considered to be a character-defining feature of the building or district, or has been approved as a historic sign by the Historic Resources Commission. (iv) All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed, and any electrical infrastructure safely capped or disconnected at a breaker panel. (v) If the any sign regulated herein is found by the Chief Building Official finds to be obsolete, abandoned, unsafe or unsecure or is a menace to the public, they shall give written notice to the named owner of the sign and the named owner of the land upon which it is located, who shall remove or, as appropriate, 148 repair the sign within 60 days from the date of the notice. If the sign is not removed or repaired within that time period, the Chief Building Official shall revoke the permit for such sign, if one was issued, and remove or repair the sign and shall assess all costs incurred for such service against the owner of the sign. (e) Historic resources maintenance. (i) No owner or person with an interest in real property designated as an individual landmark or included with a historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and all other applicable local regulations. Examples of prohibited disrepair include, but are not limited to: A. Deteriorated or crumbling exterior plasters, mortar or facades; B. Deteriorated or inadequate foundation; C. Defective or deteriorated flooring or floor supports or any structural floor members of insufficient size to carry imposed loads with safety; D. Deteriorated walls or other vertical structural supports that split, lean, list or buckle due to defective material or deterioration; E. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration or are of insufficient size to carry imposed loads; F. Ineffective or inadequate waterproofing of exterior walls, exterior chimneys, roofs, foundations or floors, including windows or doors, which may cause or tend to cause deterioration, decay or damage; G. Defective or insufficient weather protection for roofs, foundations or exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering, which may cause or tend to cause deterioration, decay or damage; H. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety; I. Any fault or defect in the building or structure which renders it not properly watertight or otherwise compromises the life and character of the building or structure. (ii) Every person in charge of a structure or improvement on a designated landmark property or in a historic district shall keep in good repair: A. All of the exterior portions of such structure or improvement; and B. All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such structure or improvement to deteriorate, decay or become damaged or otherwise to fall into a 149 state of disrepair. (iii) Every person in charge of a structure or improvement containing an interior landmark shall keep in good repair: A. All portions of such interior landmark; and B. All other portions of the structure or improvement that, if not so maintained, may cause or tend to cause the interior landmark contained in such structure or improvement to deteriorate, decay or become damaged or otherwise fall into a state of disrepair. (iv) The provisions of this § 375-410(3)(e) shall be in addition to all other provisions of law requiring any such structure or improvement to be kept in good repair. (f) Lighting maintenance. Burned out lamps, damaged equipment, and luminaries and lenses that have become obscured shall be replaced as soon as possible. (g) Stormwater management facilities. All stormwater management facilities, including but not limited to retention, detention, or infiltration areas and facilities, shall be maintained in good condition so as to detain, retain, transmit, or allow the infiltration of water as originally designed. (4) Obsolete tower structures and antennas. (a) If the Chief Planning Official determines, based on the location or cost of a telecommunications tower, or the past performance of the applicant or telecommunications tower operator, that there is significant risk that the telecommunications tower may not be removed at the owner's expense after it has been not active for a period of 12 months, the Chief Planning Official may require that the applicant provide financial guaranties or a bond in an amount adequate to cover the costs of removal by the City. If such financial guaranty or bond is required and provided, and the telecommunications structure is later removed at the owner's expense, the City shall release the financial guaranty or bond. (b) Any tower or disguised support structure that is not occupied by active antennas for a period of 12 months or any antenna that is not used for a period of 12 months shall be removed at the owner's expense. The Chief Planning Official is authorized to order the owner of any private property to remove any unused tower or antenna on the owner's property within a reasonable time specified by the Chief Planning Official. The order shall require the tower or antenna to be removed unless the owner, within 10 days of receipt of the order, appeals the matter to the Board of Zoning Appeals pursuant to § 375- 504(12)(b) (Appeal). If the Board finds that a tower has not been occupied by active antennas for 12 months or an antenna has not been used for 12 months, it shall order the tower or antenna to be removed within a specified time. (c) If the unused tower or antenna is not removed as specified in an unappealed order of the Chief Planning Official or as specified by the Board, the Chief Planning Official may cause the tower or antenna to be removed. The Chief Planning Official shall submit the actual cost of such removal to the owner of the property. If the owner does not pay the cost within 30 days of receipt, the Chief Planning Official shall 150 certify the cost to the City who shall cause a special tax bill against the property to be prepared and collected. The tax bill shall be due and payable from the date of issuance and shall be a lien on the property from the date of issuance until paid. Tax bills issued pursuant to this section shall bear interest from the date of issuance at the rate of 9% per annum. (5) Compliance with other portions of the city code. All uses and activities shall be conducted in compliance with the requirements of all applicable sections of the City Code, including, but not limited to: (a) Chapter 151 (Commercial Standards) including but not limited to the provisions of §§ 151-8 (Safety and sanitation), 151-9 (Open areas), 151-10 (Infestation), 151-11 (Garbage and refuse), 151-12 (Buildings and structures), 151-13 (Appearance; general requirements), 151-14 (Landscaping), 151-15 (Signs and billboards), 151-16 (Windows), 151-17 (Storefronts), 151-18 (Protective coating for wood surfaces), 151-19 (Awnings and marquees), and 151-20 (Vacant lots). (b) Chapter 323 (Streets and Sidewalks), regarding display of wares in front of store, house or building; (c) Chapter 197 (Fire Protection), regarding prohibition of outdoor fires; (d) Chapter 299 (Sewers) regarding illegal depositing of waste and discharge of pollutants; (e) Chapter 345 (Trees and Vegetation) regarding vegetation on public spaces and development plan review for clear-cutting; and (f) Chapter 363 (Vendors) regarding the sale of items in public areas or sidewalks. Article V Administration and Enforcement § 375-501 Purpose and organization. This section describes the procedures for review of all applications for land use and development activity in the City of Albany. (1) Section 375-502 (Procedure Summary Chart), lists the land use and development procedures in this USDO. (2) Section 375-503 (Review and decisionmaking bodies) describes the powers and duties, composition, and rules for each of the City boards or other entities that have advisory and/or decisionmaking roles and responsibilities under this USDO. (3) Section 375-504 (General procedures) describes standards and procedures that generally apply to most types of development applications. (4) Section 375-505 (Specific procedures) supplements the general procedures with additions and variations 151 specific to each type of development application, such as review standards and special submittal or voting requirements. (5) Section 375-506 (Preexisting development and nonconformities) regulates nonconformities by generally allowing them to continue to exist, but ties the reestablishment, reconstruction, expansion, or other substantial alteration of nonconformities to reasonably practicable actions that make the nonconformities conforming or reduce the number or extent of nonconformities. (6) Section 375-507 (Enforcement and penalties) identifies what constitutes a violation of this USDO and sets forth procedures for enforcement, including remedies and penalties. § 375-502 Procedure Summary Chart. The following table lists the types of development applications authorized by this USDO. For each type of application, the table indicates what type of notice is required, what role City review authorities play in its review, and when a public hearing is required. [Table 375.502.1 provided as a separate document] § 375-503 Review and decisionmaking bodies. This section of the USDO identifies officers and bodies authorized to review, recommend, or make decisions regarding required applications, permits, and approvals under this USDO. Any reference to an officer or body includes any agents, employees, subordinates, or others to which the named individual or body has lawfully delegated power to take action. (1) City staff. (a) General. (i) City staff shall have the review, recommendation, and decisionmaking authority and responsibilities shown in Table 375.502.1 (Summary of Development Review Procedures). (ii) City staff shall perform such other functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. (iii) City staff may delegate any review or decisionmaking authority to any staff in their respective departments. (b) Chief Planning Official. (i) General. The Chief Planning Official is the City official responsible for administering provisions of this USDO. (ii) Powers and duties. The Chief Planning Official shall have the review, recommendation, and decisionmaking authority and responsibilities shown in Table 375.502.1 (Summary of Development Review Procedures). In addition, the Chief Planning Official shall have the following additional powers and duties under this USDO: 152 A. To establish requirements for the contents and format of development applications reviewed under this USDO, and a schedule for the submittal and review of such applications; B. To develop, adopt, and amend an Administrative Manual that may specify detailed submittal and procedural requirements for various development applications (e.g., application forms, application fees, checklists for plans and other documents to be submitted with applications, the content and scale/format of such plans and documents, schedules and timelines for application review steps), summarize development review procedures and standards to facilitate the use and understanding of them, and include detailed specifications and illustrations identifying how this USDO's standards for landscaping, public infrastructure, and other aspects of development may be met; C. To maintain the official Zoning Map and related materials; D. To serve as or assign professional staff to the Planning Board, Historic Resources Commission, and Board of Zoning Appeals; E. To assist in enforcing this USDO in accordance with § 375-507 (Enforcement and penalties); F. To interpret the provisions of this USDO in accordance with § 375-301(3), § 375-505(19), Article VI (Rules of Construction; Definitions), and the intent and purpose statements included in this USDO; G. To provide expertise and technical assistance to the City's review and decisionmaking bodies on request; H. To maintain on file a record of all development applications reviewed under this USDO and make copies available on request through the City's public records request process; I. To assist the Planning Board in preparing, maintaining, and amending the City's Comprehensive Plan; J. To perform such other functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. (c) Chief Building Official. (i) General. The Chief Building Official, also known as the Director of the Department of Buildings and Regulatory Compliance, shall perform such functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. The Chief Building Official is the City official responsible for reviewing building plans for compliance with the Building Code, including review and approval of building permits [§ 375-505(13)] and a certificate of occupancy. (ii) Powers and duties. The Chief Building Official shall have those powers authorized by the Building Code, and the review, recommendation, decisionmaking authority and responsibilities shown in Table 375.502.1 (Summary of Development Review Procedures). In addition, the Chief Building Official shall have the following powers and duties under this USDO: A. To make, adopt and enforce such reasonable rules and regulations, not inconsistent with local, state, federal law or ordinances of the Common Council; 153 B. To enter into and examine buildings, structures, lots and enclosures of every description to see that all laws of the state, ordinances of the City, and rules and regulations of the Department are enforced. C. To issue permits for proposed projects that are found to comply with all applicable ordinances and codes, and to inspect approved projects during construction and upon completion to ensure compliance with this USDO and other applicable ordinance and codes. D. To assist the Chief Planning Official in establishing requirements for the contents of development applications reviewed under this USDO, upon request; E. To assist the Chief Planning Official in developing and maintaining an Administrative Manual, upon request; F. To assist in enforcing this USDO in accordance with § 375-507 (Enforcement and penalties); G. To provide expertise and technical assistance to the City's review and decisionmaking bodies on request; and H. To perform such other functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. (d) Commissioner of General Services. The Commissioner of General Services shall perform such functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. (e) Stormwater Management Officer. The Stormwater Management Officer is a term that refers to engineers in the Department of Water and Water Supply who perform duties in this USDO and other applicable chapters of the Albany City Code related to stormwater management. (f) City Engineer. The City Engineer is a term that refers to engineers in the Department of General Services who perform those functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. In general, the City Engineer shall assist the Commissioner of General Services in the design, construction, maintenance and repair of City streets, roads, sewers, pumping plants and drainage facilities, shall review and certify all work done under contract entered into by the Board of Contract and Supply, and supervise construction of public works projects. (2) Planning Board. The Planning Board is that body established by Chapter 42, Part 13, of the Albany City Code, and shall perform those functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. (3) Historic Resources Commission. The Historic Resources Commission is that body established by Chapter 42, Part 4, of the Albany City Code, and shall perform those functions specified in this USDO, Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. (4) Board of Zoning Appeals. The Board of Zoning Appeals is that body established by Chapter 42, Part 35, 154 of the Albany City Code, and shall perform those functions specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. (5) Common Council. The Common Council shall perform such functions with respect to this USDO shown in Table 375.502.1 and as specified in Chapter 42 (Departments and Commissions), and other applicable chapters of the Albany City Code. § 375-504 General procedures. (1) Purpose. This section describes the common procedural steps and other rules that generally apply to development applications reviewed under this USDO, unless otherwise expressly exempted or alternative procedures are specified in Table 375.502.1 (Summary of Development Review Procedures) or § 375-505 (Specific procedures). (2) Environmental quality review. (a) Applications identified as needing to comply with the New York State Environmental Quality Review Act, also known as "SEQRA," shall meet the requirements of Chapter 181 (Environmental Quality Review) of the Albany City Code. (b) The City reserves the right to amend any decision or interpretation made regarding the need for environmental quality review any time during the review process before a final decision is made on the application. (c) If the Historic Resources Commission is not the lead agency for an environmental quality review process, the opinion of the Historic Resources Commission shall be sought, as an involved agency, for all applications involving a designated landmark or property in a designated historic district. (3) Local Waterfront Revitalization Program (LWRP). An application for development, redevelopment, or a change of use within the boundaries of the City's adopted Local Waterfront Revitalization Plan (LWRP) area shall be required to comply with all standards, criteria, and procedures required by New York State law for LWRP areas, and by the provisions of the City's adopted LWRP. (4) Application submittal, acceptance, revisions, and withdrawal. (a) Authority to submit applications. (i) Unless expressly stated otherwise in this USDO, applications reviewed under this USDO shall be submitted by: A. The owner, contract purchaser, or any other person having a recognized property interest in the land on which an application is proposed; or B. A person authorized to submit the application on behalf of the owner, contract purchaser, or other person having a recognized property interest in the land, as evidenced by an original and notarized owner and interested party consent form; or 155 C. The Chief Planning Official, Planning Board, Board of Zoning Appeals, Historic Resources Commission or a member of the Common Council of the City. (ii) If there are multiple owners, contract purchasers, or other persons authorized to submit the application, all such persons shall sign and have notarized the owner and interested party consent form. Only one party, the owner, contract purchaser, or other interested person, as noted in Subsection (4)(a)(i) above, shall sign the application. (b) Application content. Applications shall be submitted to the Chief Planning Official on forms for that type of application, which shall be included in an Administrative Manual or posted on the City's website. The applicant bears the expense and burden of ensuring that an application contains sufficient information to demonstrate compliance with all applicable USDO standards. (c) Application fees. (i) Applications shall be accompanied by payment of the application fee required for that type of application. The amount of application fees shall be listed in the Administrative Manual and established in amounts sufficient to cover all costs typically associated with review of the type of application, including but not be limited to the costs of providing thorough professional review of the application and the costs of providing required public notice. (ii) Where initial application fees are based on the estimated costs of review of the application by an outside consultant (e.g., review of an application's traffic impacts by a traffic consultant), and the Chief Planning Official determines that additional funds are needed to complete the consultant's review, the Chief Planning Official may require the payment of additional application fees to recover the City's actual costs in completing review. (iii) An applicant may pay for expedited review to be performed by a third party consultant, per the Chief Planning Official's discretion and as described in the Administrative Manual. (iv) Until such time as an Administrative Manual containing application fees is finalized, all existing fees charged by the City for review of applications related to this Chapter 375, as well as the application fees in Article VII (Application Fees) shall apply. (d) Submittal and review schedule. The Chief Planning Official shall establish a submittal and review schedule for the development applications included in the Administrative Manual, which may be amended and updated as necessary to ensure efficient and thorough review. (e) Determination of completeness. (i) Completeness review. Upon receiving a development application, the Chief Planning Official shall, within 15 days, determine whether the application is complete. A complete application is one that: A. Contains all information and materials required by the Administrative Manual and this USDO for submittal of the particular development application in sufficient detail and clarity to evaluate the application for compliance with applicable review standards of this USDO; 156 B. Is in the form required by the Administrative Manual for submittal of the particular development application; and C. Is accompanied by the fee established for the particular development application. (ii) Application incomplete. A. Upon determining that a development application is incomplete, the Chief Planning Official shall notify the applicant of the submittal deficiencies within 15 business days of receiving the application. The applicant may correct the deficiencies and resubmit the application for a determination of completeness until the Chief Planning Official determines the application is complete. B. If the applicant fails to resubmit an application with any additional or corrected materials necessary to make the application complete within 45 calendar days after being notified of submittal deficiencies, the application shall be considered abandoned. C. No development application shall be reviewed for compliance with this USDO or scheduled for a public hearing by any review or advisory body until it is determined to be complete. (iii) Application complete. Upon determining that the application is complete, the Chief Planning Official shall accept the application for review in accordance with the procedures and standards of this USDO. (f) Application revisions. (i) Revisions to correct compliance deficiencies. An applicant may revise a development application after receiving notice of compliance deficiencies following staff review. [See § 375-504(5).] A. Minor revisions. The review process shall continue so long as the revisions directly respond to specific staff comments and include only minor additions, deletions, or corrections and do not include significant substantive changes to the development proposed in the application, as determined by the Chief Planning Official. B. Major revisions. If the Chief Planning Official determines that revisions to correct compliance deficiencies do not constitute minor revisions as described above, a revised application shall be submitted and reviewed as if it were a new application. The revised application submittal may be subject to additional fees required by the Administrative Manual. (ii) Other revisions. An applicant may revise a development application at any time upon requesting and receiving permission from an advisory or decisionmaking body after that body has reviewed, but not yet taken action on, the application. If the revisions are determined by the Chief Planning Official to be major, the revised application submittal shall be reviewed as if it were a new application and may be subject to additional fees required by the Administrative Manual. (iii) Change in applicant. If circumstances change so that the applicant of a pending application no longer meets the requirements of § 375-504(4)(a), any change in the applicant or person authorized to submit the application shall be documented in an original and notarized owner and interested party consent 157 form delivered to the City before the application may advance to the next stage in the review process. (g) Withdrawal of application. (i) After an application has been accepted for review, the applicant may withdraw the application at any time by submitting a written letter of withdrawal to the Chief Planning Official. (ii) If an application is withdrawn after required notice of any public hearing scheduled for the application, the application shall be subject to limitations on the subsequent submittal of similar applications pursuant to § 375-504(12)(e) (Limitation of subsequent similar applications). (iii) Application fees shall not be refunded for withdrawn applications. (i) Successive applications. If an application has been denied by the City pursuant to this USDO, an application requesting the same or essentially the same approval shall not be accepted within 12 months after such denial. (5) Staff review and actions. (a) Referral of application to review agencies. At the Chief Planning Official's discretion, any application may be referred to those City departments, service providers, and review agencies potentially affected by the application for review and comment. (b) Staff review and opportunity for application revision. (i) Prior to preparing a staff memorandum or making a decision on a development application, the Chief Planning Official shall review the application, relevant support material, and any comments from other agencies to which the application was referred. (ii) If deficiencies in complying with the applicable requirements are identified, the Chief Planning Official shall notify the applicant within 10 days of the identification of such deficiencies, and shall provide the applicant a reasonable opportunity to discuss the deficiencies and revise the application to address them. The Chief Planning Official may also offer the applicant recommendations regarding possible improvements to the proposed development that are not required by this USDO, but shall clarify that compliance with such recommendations is not required for compliance with this USDO. (iii) The applicant shall respond to the notice by either requesting that the application be processed as submitted or by submitting a revised application identifying changes after being notified of application deficiencies. If the applicant fails to so respond to the notice within 45 days, the application shall be considered withdrawn. (iv) If the applicant submits a revised application, the Chief Planning Official shall refer the application to those City departments, service providers, and review agencies affected by the change for review, and shall review any such comments received. At the discretion of the Chief Planning Official, the applicant may be provided the opportunity to revise the application further to address remaining compliance deficiencies. 158 (c) Staff review and recommendation to advisory or decisionmaking body. (i) Staff memorandum. If a development application is subject to staff review and a staff recommendation to the Planning Board, Board of Zoning Appeals, or Common Council [See Table 375.502.1 (Summary of Development Review Procedures).], the Chief Planning Official shall prepare a written staff memorandum. The staff memorandum shall conclude whether the application complies with all applicable standards of this USDO and recommend one of the decisions authorized for that type of application, based on the review standards for that type of application in § 375-505 (Specific procedures). The staff memorandum may identify and recommend conditions of approval to correct compliance deficiencies and mitigate any adverse effects of the development proposal. (ii) Distribution and availability of application and staff memorandum. Within a reasonable time period before the meeting at which a development application is scheduled for review by an advisory or decisionmaking body, the Chief Planning Official shall: A. Schedule and verify any required public notice of the meeting in accordance with § 375-504(6) (Scheduling of public hearings and public notice); B. Transmit the development application, related materials, and the staff memorandum to the appropriate advisory or decisionmaking body. Staff memorandums shall be made available to the public at least 24 hours before the meeting; C. Transmit a copy of the staff memorandum to the applicant; and D. Make the application, related materials, and the staff memorandum available for examination by the public during normal business hours and online, and make copies of such materials available at a reasonable cost. (d) Staff review and final decision. (i) Decision. A. If a development application is subject to staff review and a final decision by the Chief Planning Official (See Table 375.502.1, Summary of Development Review Procedures.), the Chief Planning Official shall make one of the decisions authorized below based on the review standards for that type of application, as set forth in § 375-505 (Specific procedures). B. The decision shall be one of the following: 1. Approve the application as submitted; 2. Approve the application subject to conditions; or 3. Deny the application. C. The decision shall be in writing and shall clearly state reasoning for a denial or for conditions of 159 approval. (ii) Conditions of approval. Any conditions of approval shall be expressly set forth in the decision, shall be limited to conditions deemed necessary to ensure compliance with the requirements and particular standards of this USDO or other standards adopted by affected service providers or review agencies, and shall relate in type and scope to the anticipated impacts of the proposed development. (e) Staff approval of administrative adjustments. The Chief Planning Official may approve an administrative adjustment within the limits established in Table 375.504.1 if the Chief Planning Official determines that the criteria in Subsection (5)(e)(ii) below have been met. An application for an administrative adjustment may only be submitted and reviewed concurrently with applications for other types of site development permits. Where the primary application is subject to review and approval by the Planning Board, the Chief Planning Official shall review and decide the administrative adjustment application before distributing the primary application to the Board and/or Council. (i) Allowable administrative adjustments. Table 375.504.1 Allowable Administrative Adjustments Maximum Allowable Standard Adjustment Lot Standards Minimum lot area 10% Minimum lot width 10% Minimum lot depth 10% Maximum impervious lot coverage 10% Setbacks Minimum front setback 5% Minimum side setback 15% Minimum rear setback 15% Building Standards Maximum height, principal building 5% Site Development and Design Standards Block perimeter 10% Perimeter buffer width 10% Perimeter buffer planting rate 10% Driveway spacing 10% Street intersection spacing 10% Number of vehicle parking spaces 10% In MU-FW, MU-FC, MU-FS, and MU-FM zoning 50% districts In all other zoning districts 10% 160 Table 375.504.1 Allowable Administrative Adjustments Maximum Allowable Standard Adjustment Number of bicycle parking spaces 10% Stacking lane distance for parking area entrance 10% drives Walking distance between shared, off-site, or on- street vehicle parking spaces and primary 20% pedestrian entrance of uses served Vegetation size at time of planting 10% Tree island and tree island area 10% Street tree spacing 10% Wall and fence height 1 feet Outdoor Lighting Standards Lighting fixture height 10% Sign Standards Projecting sign 10% Sign face area or dimensions 10% Sign height 10% Sign wall coverage 10% Encroachment into required setbacks 15% (ii) Review criteria. An application for an administrative adjustment shall be approved only if the Chief Planning Official determines that the adjustment falls within the limitations in Table 375.504.1 and that: A. The administrative adjustment will not create a condition that is inconsistent with the character of development in the surrounding area; and B. Any adverse impacts resulting from the administrative adjustment will be mitigated to the maximum extent practicable; and C. The administrative adjustment is of a technical nature (i.e., relief from a dimensional or design standard), and is either: 1. Required to compensate for some unusual aspect of the site or the proposed development that is not shared by landowners generally; 2. Proposed to protect sensitive natural resources or save healthy existing trees; or 3. Required to eliminate a minor inadvertent failure to fully comply with a standard; and D. The administrative adjustment will not substantially interfere with the convenient and enjoyable use of 161 adjacent lands; and E. Will not pose a danger to the public health or safety. (6) Scheduling and notice of public hearings. (a) Scheduling. (i) If a development application is subject to a public hearing (See Table 375.502.1, Summary of Development Review Procedures.), the Chief Planning Official shall ensure that the public hearing is scheduled for either a regular meeting of the body conducting the hearing or a meeting specially called for that purpose by such body. (ii) The public hearing shall be scheduled for a date that allows sufficient time for preparation of a staff memorandum and provision of the required public notice. (b) General notice requirements. The applicant shall provide the types of public notice of the public hearing shown in Table 375.502.1 (Summary of Development Review Procedures) for that type of application, or shall reimburse the City for the cost of providing such notice. If an application is made by the City or is City-sponsored, the Chief Planning Official shall be responsible for providing public notice in accordance with Table 375.502.1. (c) Notice format and content. (i) Published notices. A. Published notices shall be required for those types of applications requiring a public hearing, as listed in Table 375.502.1 (Summary of Development Review Procedures). B. Such notices shall be published in a newspaper of general circulation at least 10 days before all types of public hearings, except as stated in Subsection (6)(c)(i)(C) below, and unless otherwise required by §§ 27-a, 27-b, 28-a, 29, and 32 of the N.Y. General City Law. C. Notices shall be published 14 days before a joint public hearing for an application for subdivision of lots and a related environmental impact statement, unless otherwise required by § 32 of the N.Y. General City Law. D. The Chief Planning Official shall determine the format and content of notices to be published. Required published notices shall, at a minimum: 1. Identify the application type; 2. Describe the nature and scope of the proposed development or action; 3. Identify the location of land subject to the application; 162 4. Identify the date, time, and location of the hearing being noticed; 5. Identify where and when the application may be inspected by the public; 6. Advise that interested parties may appear and provide comment at the hearing, or written comment prior to the hearing; 7. Include the applicant’s name; 8. Describe the nature of the relief sought; and 9. Comply with any other notice content requirements established by state law. E. Notices shall be published in a newspaper having general circulation in the City, and shall comply with the size and format requirements of the Chief Planning Official. (ii) Mailed notices. A. Mailed notices shall be required for those types of applications listed in Table 375.502.1 (Summary of Development Review Procedures). B. Notices shall be mailed at least 10 days before the public hearing to all owners of subject property, as shown on the most recent tax assessment roll, as well as owners of property located in whole or in part within 250 feet of the boundaries of the property that is the subject of the public hearing, as shown on the most recent tax assessment roll. C. The Chief Planning Official shall determine the format and content of notices to be published. Required published notices shall, at a minimum include Items 1 through 4 and 9 identified in Section 375- 504(6)(c)(i)D. (iii) Albany County Planning Board. In accordance with General Municipal Law § 239-m, notices of certain types of applications, as well as a full statement describing the proposed action, shall be mailed to the Albany County Planning Board if the boundary of the property that is the subject of the application is located within 500 feet of: A. The boundary of any other city, village, or town; B. The boundary of any existing or proposed county or state park or other recreation area; C. The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road, or highway; D. The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; E. The existing or proposed boundary of any county- or state-owned land on which a public building or 163 institution is situated; or F. The boundary of a farm operation located in an agricultural district, as defined in Article 25-AA of the N.Y. New York State Agriculture and Markets Law, except that this Subsection (6)(c)(iii)F shall not apply to area variances. (iv) Neighboring municipalities. In accordance with N.Y. General Municipal Law § 239-nn, the authorized body having jurisdiction shall give notice by mail or electronic transmission to an adjacent municipality at least 10 days prior to a hearing being held relating to: A. The issuance of a proposed conditional use permit to property that is within 500 feet of an adjacent municipality; B. The granting of a use variance to property that is within 500 feet of an adjacent municipality; C. Development plan review pertaining to a property that is within 500 feet of an adjacent municipality; or D. A subdivision review pertaining to property that is within 500 feet of an adjacent municipality. (v) Posted notices. A. Posted notices shall be required for those types of applications listed in Table 375.502.1 (Summary of Development Review Procedures). B. The Chief Planning Official shall determine the size, format and content of notices to be posted. C. Required published notices shall, at a minimum include Items 1 through 6 and 9 identified in Section 375-504(6)(c)(i)(D). D. Posted notices shall be posted along each of the application site's right-of-way frontages, in a location clearly visible to traffic along the right-of-way. E. Posted notices shall be placed at least 10 days prior to the public hearing or initial public meeting to be conducted on the application. F. The applicant shall replace postings that are removed or damaged promptly after notice of such removal or damage. G. The person required to post the notice shall ensure that the notice is maintained in place until after a final decision has been rendered on the subject application, and shall remove the posted notice within 14 days after the final decision on the application. H. Required posted notices shall, at a minimum: 1. Identify the application type; 164 2. Identify the date, time, location, and type of the meeting being noticed; 3. Identify a telephone number, website, or email address from which more information may be obtained; and 4. Comply with any other notice content requirements established by state law. (vi) Other types of notice. An applicant shall provide, at the applicant's expense, any additional notice or forms of notice, such as web-based or other electronic notice, if the Chief Planning Official determines that type of additional notice is necessary to inform citizens or stakeholders who may be materially affected by the proposed development. (vii) Affidavit of notice. The applicant shall sign an affidavit that proper notice has been provided. Such certificate shall be deemed conclusive in the absence of fraud. (d) Requests to defer scheduled and noticed hearings. An applicant may request that review of a development application scheduled for a hearing before the Planning Board, Board of Zoning Appeals, Historic Resources Commission or Common Council be deferred in accordance with the following provisions: (i) Before any mailed notices of the hearing are mailed and final arrangements for any published notice of the hearing are made, a written request for deferral that states the reasons for deferral may be submitted to the Chief Planning Official, who may grant the request for good cause shown. (ii) Any subsequent request for deferral shall be in writing, state the reasons for deferral, and be submitted directly to the body scheduled to review the application. The Planning Board, Board of Zoning Appeals (BZA), Historic Resources Commission (HRC) or Common Council shall consider such a request and may either grant the request for good cause shown or deny the request and proceed to hear public comments, review, and take action on the application. If the Planning Board, BZA, HRC, or Common Council grants the request for deferral, it shall concurrently identify the date and time of a subsequent meeting at which the application shall be scheduled for public comment and review. (iii) The application may be subject to additional application fees to defray additional costs of processing the application or notifying the public and/or other interested parties. (e) Registering to receive notice. (i) Any organization or person wishing to receive notice of any public hearings related to the business of the Board of Zoning Appeals, the Planning Board, the Historic Resources Commission or interpretations of the Chief Planning Official shall register with the Planning Department. Registration may take up to 15 business days to process. (ii) The Chief Planning Official may, as a courtesy, send electronic notice to any persons or organizations in the City, or to any governmental, public, or quasi-public organization regarding any matter related to this USDO that may affect the interests of that person or organization, or on any matter on which any such person or organization has requested notice. 165 (iii) The failure of the Chief Planning Official to send such notice or the failure of any resident or property owner to receive such notice shall not affect the validity of any application approved pursuant to this USDO. (7) Planning Board review and action. (a) Hearing, concept review, regular review and action. If a development application is subject to a recommendation or a final decision by the Planning Board (See Table 375.502.1 Summary of Development Review Procedures.), the Planning Board shall review and act on the application in accordance with the following procedures: (i) The Planning Board's decision shall be one of the following: A. Approve the application as submitted; B. Approve the application subject to conditions; C. Deny the application; or D. Remand the application to the Chief Planning Official for further consideration or additional information. (ii) If an applicant seeking major development plan approval [§ 375-505(3)] elects to make an informal concept review presentation, it shall be held during a regularly scheduled Planning Board meeting or Planning Board workshop. The applicant shall provide at a minimum a conceptual plan for review and discussion. No formal action will be taken during a concept review meeting; however, the Board can ask questions, make comments, and suggestions. (iii) The Planning Board shall consider the application, relevant supporting materials, staff memorandum, and any public comments made at the public hearing, and take one of the following actions: A. If the application is subject to a recommendation by the Planning Board, the Board shall recommend a decision authorized for that type of application, based on the review standards for that type of the application in § 375-505 (Specific procedures). B. If the application is subject to a final decision by the Planning Board, the Board shall render one of the decisions authorized for that type of application, based on the review standards applicable to that type of application in § 375-505 (Specific procedures). (iv) The Board shall clearly state the factors considered in making its recommendation or decision, as well as the basis or rationale for the recommendation or decision. (b) Revision of application. (i) After the Planning Board has reviewed an application but has not yet taken action on it, the applicant may request an opportunity to revise the application. The Board may grant such a request on condition 166 that revisions are limited to changes that directly respond to specific requests or suggestions made by staff or the Planning Board and shall constitute only minor additions, deletions, or corrections, and not significant substantive changes to the development proposed by the application. (ii) Any other revisions to the application may be submitted, but the revised application shall be submitted to the Chief Planning Official and reviewed as if it were a new application. The revised application is subject to additional application fees to defray the additional processing costs as identified in the Administrative Manual. (c) Referral to Planning Board. If Table 375.502.1 (Summary of Development Review Procedures) authorizes the Chief Planning Official to make a decision and the Chief Planning Official determines that the application is unusually complex or raises potentially unique or serious impacts on the City or surrounding neighborhoods, the Chief Planning Official may, at their discretion, refer the decision to the Planning Board for decision pursuant to the same criteria that the Chief Planning Official would have been required to apply to that decision. (8) Historic Resources Commission review and action. (a) If a development application is subject to a recommendation or a final decision by the Historic Resources Commission [See Table 375.502.1 (Summary of Development Review Procedures)], the Historic Resources Commission shall review and act on the application in compliance with § 375- 505(4) (Certificate of appropriateness) and § 375-505(21) (Designation of historic landmarks, historic districts or archaeological districts). (b) No officer, department, or agency of the City whose approval is required by law for the construction or effectuation of a City-owned or City-sponsored project shall approve the plans, proposal or application for any such project located in or adjacent to a historic district or landmark, unless such officer or agency has received from the Historic Resources Commission a report or a notification that the proposed action has been reviewed and approved as per these provisions. (c) Any City agency that conducts historic preservation planning surveys or applies for or receives notification of state or federal historic designation of any property within the City shall provide copies of materials relating to these matters to the Historic Resources Commission for central filing. (9) Board of Zoning Appeals review and action. If a development application is subject to a final decision by the BZA [See Table 375.502.1 (Summary of Development Review Procedures).], the BZA shall review and act on the application in accordance with the following procedures: (a) The BZA shall consider the application, relevant supporting materials, staff memorandum and any public comments made at the public hearing, and shall render a decision authorized for the type of development application based on the review standards applicable to that type of application set forth in § 375-505 (Specific procedures). (b) The BZA's decision shall be one of the following: 167 (i) Approve the application; (ii) Approve the application subject to conditions; (iii) Deny the application; or (iv) Remand the application to the Chief Planning Official for further consideration or additional information. (c) The BZA shall clearly state the factors considered in making its recommendation or decision, as well as the basis or rationale for the recommendation or decision. (d) The BZA shall render a decision within 62 days of the final hearing on an application. (10) Common Council review and action. If an application is subject to a final decision by the Common Council [See Table 375.502.1 (Summary of Development Review Procedures).], the Common Council shall review and act on the application in accordance with the following procedures: (a) The Common Council shall consider the application, relevant supporting materials, staff memorandum, recommendation from the Planning Board (where applicable) and any comments made at a public hearing, and shall render a decision authorized for the type of development application based on the review standards applicable to that type of application, as set forth in § 375-505 (Specific procedures). (b) The Common Council's decision shall be one of the following: (i) Approve the application as submitted; (ii) Approve the application subject to conditions; (iii) Deny the application; or (iv) Remand the application to the Chief Planning Official or to a lower review body for further consideration or additional information. (c) The Common Council shall clearly state the factors considered in making its decision, as well as the basis or rationale for the decision. (d) The Common Council shall take action as promptly as possible in consideration of the interests of the applicant, affected parties, and citizens of the City. (e) The action of the Common Council will be filed with the City Clerk within five days after the decision where required by New York State General City Law. (11) Conditions of approval. (a) Authorization. 168 (i) The person or entity responsible for making a decision is authorized to approve an application with conditions necessary to bring it into compliance with the requirements of this USDO and the adopted standards of any affected service providers or review agencies. (ii) The person or entity responsible for making a decision is authorized to impose conditions that it determines are necessary, including but not limited to durational limits, hours of operation, and provisions for periodic review, to: A. Bring the application into compliance with the requirements of this USDO (including but not limited to provisions regarding permitted hours of operation), the adopted standards of any affected service providers or review agencies, and the purposes of the zoning district where the property is located; B. Prevent, mitigate, or minimize adverse effects upon adjacent properties, surrounding areas or public facilities and services; or C. Ensure that the proposed use, and its operation, is conducted in a manner compatible with the surrounding neighborhood and will not constitute a threat to the public health, safety, welfare, or convenience. (iii) Conditions imposed shall be reasonably related to the anticipated impacts of the proposed development or land use and to the purposes of this USDO. (b) Mitigation. In the case of a decision where mitigation of the impacts requires an applicant to dedicate land or pay money to a public entity in an amount that is not calculated according to a formula applicable to a broad class of applicants, any condition imposed shall be roughly proportional both in nature and extent to the anticipated impacts of the proposed development, as shown through an individualized determination of impacts. (c) Format and decision. (i) Any conditions on approved applications shall be listed in or attached to the approval document, and violation of any approved condition shall be a violation of this USDO. (ii) Conditions may stipulate to the point in the development process by which such conditions must be satisfied. For example, the Planning Board may stipulate that a condition must be satisfied "prior to clearing and grubbing," or "prior to clear cutting," or "prior to demolition," or "prior to a foundation permit being issued," or "prior to any building permits being issued," or "prior to the issuance of a certificate of occupancy," or at any other point as may be appropriate. (d) Notice and revision of conditions of approval. (i) For any project that is approved with conditions, all such conditions imposed shall be posted on the Planning Department’s website for public comment for a period of no fewer than 10 business days prior to issuance of any building or demolition permits. (ii) The Planning Department shall inform all necessary reviewing authorities designated in Table 375- 169 502.1 of the imposition of conditions and provide 10 business days in which to submit to the Chief Planning Official any comments or corrections to the conditions. (iii) Upon review, the Chief Planning Official shall have the authority to refer such conditions back to the person or entity responsible for making a decision for modification. Should the Chief Planning Official determine that the conditions do not need to be modified and referred back to the Planning Board, such decision may be appealed to the Board of Zoning Appeals in accordance with § 375-504(12)(b)(i) by any party aggrieved by the Chief Planning Official’s decision. (iv) In the event that the posted conditions require modification because of any local, state, or federal law or regulation, the person or entity responsible for making a decision shall modify such conditions. (12) Post-decision actions and limitations. (a) Notice of decision. (i) Within 10 calendar days after a final decision on a development application, the Chief Planning Official shall provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the applicant and make a copy of the decision available to the public online and in the Department of Development and Planning during normal business hours. (ii) If the review involves a public hearing, the Chief Planning Official shall, within 10 days after a final decision on the application, also provide a written copy of the decision via personal delivery, electronic mail, or first-class mail to the owner(s) of the application site, and any person who has submitted a written request for a copy of the decision before its effective date. (b) Appeal. (i) Decisions of the Chief Planning Official or Chief Building Official. A. A party aggrieved or adversely affected by any decision of the Chief Planning Official or Chief Building Official may seek review of the decision by the Board of Zoning Appeals, or in the case of a minor certificate of appropriateness to the Historic Resources Commission, or in the case of a minor development plan review to the Planning Board. B. Any party wishing to appeal must do so within 30 days from the date of the denial or approval, or issuance of a notice of violation. C. The Board of Zoning Appeals, Historic Resources Commission, or Planning Board, as appropriate, shall decide each appeal applying the same criteria applied by the Chief Planning Official or Chief Building Official in making its decision. D. The Board of Zoning Appeals, Historic Resources Commission, or Planning Board, may affirm, reverse, or modify the decision being appealed to bring it into conformance with the USDO criteria applicable to approval of that type of application. 170 (ii) Decisions of the administrative bodies or Common Council. Any party or parties that are individually or jointly or severally aggrieved or adversely affected by any decision of the Board of Zoning Appeals, the Planning Board, the Historic Resources Commission, or the Common Council may seek review of the decision in the courts in accordance with applicable state law, provided that the appeal shall be filed with the clerk of a court with jurisdiction in accordance with state law within 30 days after the filing of the decision in the office of the City Clerk. (c) Effect and duration of approval. (i) Authorized activity. A. Approval of any development application, variance, or appeal in accordance with this USDO authorizes only the particular use, plan, or other specific activity approved, and not any other development requiring separate application. B. If one development permit or approval is a prerequisite to another permit or approval (e.g., variance approval prior to a development plan approval), development may not take place until all required permits and approvals are obtained. Approval of one application does not necessarily guarantee approval of any subsequent application. C. Concurrent review of applications shall be at the Chief Planning Official's discretion, based on the degree to which issues to be addressed in various required approvals are interrelated, or the size and complexity of the project. (ii) Approvals run with the land. Unless limited by a condition attached to an approval under this USDO, or unless the approval expires as described in § 375-505 (Specific procedures), an approval or permit granted under this USDO, including any approved plans and documents and conditions of approval, shall run with the land, shall be binding on the landowners and their successors and assigns, and shall not be affected by a change in ownership. All later decisions, determinations, and interpretation by City staff shall be consistent with the approval granted. (iii) Expiration of approval. A. General. 1. A development application approval shall be valid as authorization for the approved activity for one year, unless it expires in accordance with a different expiration time period provided in § 375-505 (Specific procedures) for that type of application. 2. A change in ownership of the land shall not affect the established expiration time period of an approval. B. Extension of approval time period. Except as otherwise provided in § 375-505 (Specific procedures) for the particular type of application, the Chief Planning Official may grant extensions of the valid approval time period for the lesser of the original time period or one year, on receiving a written request for extension before the expiration date and on a showing of good cause. Any further extensions shall be subject to approval by the authority that approved the development application, on submittal of a written 171 request to the Chief Planning Official before the current expiration date and a showing of good cause. (d) Amendment of approval. Unless otherwise provided in § 375-505 (Specific procedures) for the particular type of application, any modifications of approved plans or conditions of approval shall be submitted and reviewed in accordance with the full procedure and fee requirements applicable to the particular type of application. (e) Limitation of subsequent similar applications. (i) Prior application withdrawal. If an application requiring a public hearing is withdrawn after provision of or final arrangement for required notice of the public hearing [See § 375-504(4)(h) (Withdrawal of application).], no application proposing the same or similar development on all or part of the same land shall be submitted within six months after the date of the withdrawal. (ii) Prior application denial. If an application requiring a public hearing is denied, no application proposing the same or similar development on all or part of the same land shall be submitted within one year after the date of the denial. (13) Construction of improvements. (a) All streets, sidewalks, streetscapes, utilities, and drainage facilities required by this USDO shall be installed by the developer, at the developer's expense, unless the City enters into an agreement to pay or reimburse some of the costs in a manner consistent with state law. (b) Each required improvement shall meet the standards and specifications and shall be reviewed, tested, and accepted by the City pursuant to standards and procedures adopted by the City department responsible for design or maintenance of that type of improvement. (c) Each required improvement shall be completed and accepted by the City before the City approves a final subdivision plat or issues a certificate of occupancy pursuant to an approved minor or major development plan, or if not completed, the applicant shall: (i) Provide a construction performance bond sufficient to cover 100% of the cost of any uncompleted construction as estimated by the Board pursuant to § 33 of the General City Law; or (ii) Agree in writing that no certificate of occupancy for any building in the subdivision shall be issued until all required improvements needed to provide service to that building and to protect the public health, and safety have been completed and accepted by the City, and that agreement is noted on the final subdivision plat; and (iii) Regardless of whether the applicant satisfies Subsection (13)(c)(i) or (ii) above, the applicant shall deposit in an escrow account funds adequate to pay for third party site inspection of all public infrastructure improvements following their completion and prior to acceptance by the City. The amount of the required deposit shall be determined by the Planning Board during subdivision or development plan review. 172 (d) If the City requires the provision of a construction performance bond pursuant to Subsection (13)(c)(i) above, the City may release a portion of the performance bond proportionate to the amount of the required improvement construction work completed and accepted by the City, but no such release shall occur until at least one year after the improvements have been accepted by the City. (14) Time periods for City performance. Unless otherwise stated in this USDO, when this USDO states a time during which the City shall make a decision or take an action, such time periods are provided for convenience only. The failure of the City to make a decision or take an action within a time period stated in this USDO: (a) Does not result in a constructive approval or denial by the City; and (b) Is not an appealable action related to any application or decision under this USDO. § 375-505 Specific procedures. This section lists the different types of development applications that may be required in order to develop or redevelop land or buildings in the City, or to conduct a specific use or activity on land or buildings in the City, as well as the procedural steps, decisionmakers, and approval criteria for each type of application. These provisions supplement, but do not replace, the general procedures described in § 375-504 above. On any topic not addressed in this § 375-505, the provisions of § 375-504 will continue to apply. Where conflict occurs between the provisions of this § 375-505 and those of § 375-504 as they relate to a specific type of application, the provisions of this section shall apply. (1) Project review determination. All applicable provisions of Section 375-504 (General Procedures) apply unless specifically modified by the provisions of this subsection. (a) Applicability. An applicant may request a project review determination, which is a formal written statement by the City based upon the information provided that details the permits and approvals required for development of a lot or parcel within the City. (b) Procedure. The Chief Planning Official shall review the application and make a determination within 45 days. [Image] (2) Lot modification. (a) Applicability. (i) No existing lot line shown on a recorded document or subdivision plat, as applicable, may be relocated between two abutting lots or tracts unless the Chief Planning Official has first approved that relocation pursuant to this § 375-505(2). (ii) Two or more existing lots shown on a recorded document or subdivision plat, as applicable, may be consolidated into a single or fewer lots for purposes of application of the standards in this USDO or the City building code only after the Chief Planning Official has first approved that consolidation pursuant to this § 375-505(2). 173 (iii) This section includes subdivisions of land creating four or fewer new lots for which no new public infrastructure is required to be constructed (except for utility connections from new lots to existing utility lines). (b) Procedure. An application for a lot modification shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (c) An application for a lot modification shall be approved only if it is determined that it is consistent with any provisions of this USDO and the Albany City Code, such as: (i) If each of the existing lots and the structures on those lots complies with the requirements of this USDO, then after the adjustment each of the resulting lots will still comply with the requirements of this USDO. (ii) If one or more of the existing lots, or a structure on one or more of those lots, does not comply with the requirements of this USDO, the proposed adjustment will not create any new nonconformity between the requirements of this USDO and any of the lots or any of the structures on the lots whose lot lines are to be adjusted. (iii) If any of the lots are legally nonconforming, the lot modification will either remove the nonconformity or improve it. (3) Development plan review. (a) Applicability. The development plan review procedures and standards in this § 375-505(3) shall apply to any development plan associated with the following: (i) Major development plan review. The following development activities shall constitute a major development: A. Civic and institutional, commercial, and industrial development involving construction of a new building with 10,000 square feet or more of gross floor area. B. Residential development involving construction of a new building which contains more than four dwelling units within a single lot or parcel. C. Residential development containing more than four units in non-single-family structures on contiguous or adjacent lots that have previously been subdivided. D. An addition to, or expansion of, an existing multifamily, group living, nonresidential, mixed-use or special purpose use that will increase the ground floor area by more than 10,000 square feet of gross floor area. E. Conversion of an existing residential structure to a nonresidential or institutional use (excepting the establishment of a home occupation). F. Conversion of an existing nonresidential structure to a residential use containing 50 or more dwelling 174 units in the MU-DT zoning district, or 20 or more dwelling units in any other zoning district. G. New surface parking lots with 10 or more parking spaces, or expansion of any existing parking area by 10 or more parking spaces. H. A change of use in the MU-CU or MU-CH District on a lot containing 20,000 square feet or more of lot area. I. A change of use in the MU-NE or MU-NC District on a lot of 10,000 square feet or more of lot area. J. Any land use, structure, or activity in the Normans Kill Overlay (NK-O) zoning district that is anticipated or could result in the disturbance of more than 10,000 square feet of surface land area or excavation of more than 100 cubic yards of dirt or fill. K. Any contiguous area of land in excess of one acre where more than 50% of the existing trees or vegetation are proposed for clear-cutting or removal over a period of 5 or fewer years. L. A subdivision of land that will create 5 or more new lots, or for which and for which new public infrastructure is required to be constructed (in addition to utility connections from new lots to existing utility lines). M. Construction of a new principal structure on lands previously platted as part of a Cluster Subdivision, or the re-subdivision of lands platted as part of a cluster subdivision in order to facilitate the construction of a new principal structure. (ii) Minor development plan review. The following development activities shall constitute a minor development: A. Civic and institutional, commercial, and industrial development involving construction of a new building with less than 10,000 square feet of gross floor area. B. Residential development involving construction of a new building that contains four or fewer dwelling units within a single lot or parcel. C. An addition to, or expansion of, an existing multifamily, group living, nonresidential, mixed-use or special purpose use that will increase the ground floor area by between 1,000 and 10,000 square feet of gross floor area. D. Conversion of an existing nonresidential structure to a residential use containing between 20 and 49 dwelling units in the MU-DT zoning district, or between 5 and 19 dwelling units in any other zoning district. E. New surface parking lots having fewer than 10 parking spaces or expansion of any existing parking area that would add between 5 and 9 parking spaces. F. A change of use in the MU-CU or MU-CH District on a lot containing between 10,000 and 20,000 175 square feet of lot area. G. A change of use in the MU-NE or MU-NC District on a lot containing between 5,000 and 10,000 square feet of lot area. H. Any expansion or substantial renovation of a use in the vehicles and equipment use category not subject to a major development plan review. I. Demolition of principal structures located within the I-2 Zoning District and containing less than 20,000 square feet of gross floor area. (b) Procedure. [Image] (i) An application for development plan review shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). (ii) If the Chief Planning Official determines that a minor development as classified in § 375-504(3)(a)(ii) is unusually large or complex or may create significant adverse impacts on the surrounding area, they may refer the application for consideration and decision by the Planning Board for a major development review. (c) Concept Review. An applicant may request a concept review of a major development plan with the Planning Board in accordance with § 375-504(7). However, no public hearing shall be required, the discussion shall be informal, the Planning Board shall take no action on the application, and the City shall not be bound by the results of any discussion held or opinions stated at a concept review meeting. (d) Review criteria. An application for development plan review shall be approved only if the person or entity responsible for making a decision determines that the proposed development: (i) General criteria. A. Will not create significant adverse impacts on the surrounding neighborhood, or any significant adverse impacts will be limited to a short period of time; B. Will not create risks to public health or safety; C. Is consistent with the Comprehensive Plan; and D. Is consistent with any provisions of this USDO and the Albany City Code. (ii) Additional criteria for applications involving clear-cutting. An application for a development plan review involving clear-cutting shall be approved only if the person or entity responsible for making a decision determines that: A. The clear-cutting is for a recognized silvicultural purpose; 176 B. There are adequate buffers on the shorelines of lakes, ponds, rivers or streams; along major travel corridors; and, if necessary, along property boundaries around dwellings on adjacent lands so as to preserve water quality and visual quality, to control noise, and to prevent drainage or erosion problems; C. Habitats of rare and endangered species and other key wildlife habitats will be protected; D. Regeneration of timber is assured; E. If proposed and if allowed by the Board, any use of pesticides and herbicides will be strictly controlled; F. Harvest will be controlled by qualified personnel by contract, marked stand, direct supervision or other adequate means; G. Wood roads and skid trails will be located and equipment will be operated so as to minimize erosion on slopes and elsewhere; H. The storage, mixing or bulk handling of fuel, chemicals or other hazardous materials will be strictly controlled; and I. The Timber Harvesting Guidelines for New York (New York Section of the Society of American Foresters, June 1975) will be adhered to. (iii) Additional criteria for applications involving new development within existing cluster subdivisions. An application for a development plan review involving construction of a new principal structure on lands previously platted as part of a Cluster Subdivision shall be approved only if the person or entity responsible for making a decision determines that: A. New principal structures are in keeping with the character of existing principal structures within the subdivision. (e) Waivers. (i) An applicant may request, in writing, as a part of a development plan review, a waiver or modification of any of the development standards in § 375-4. Such request shall set forth the specific relief sought and the reasons why the same are necessary. (ii) The Planning Board may grant waivers from the development standards established in Article IV, except that the Planning Board shall not grant a waiver of the dimensional standards established in § 375-401 or the standards relating to signs established in § 375-409. (iii) In making its determination as to the granting of a waiver, the Planning Board shall take into consideration the benefit to the applicant if the waiver is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community that may result from such grant. In making such determination, the Planning Board shall also consider: A. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to 177 nearby properties will be created by granting of the waiver; B. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than a waiver; C. Whether the requested waiver is substantial; D. Whether the proposed waiver will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and E. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Planning Board, but shall not necessarily preclude the granting of the waiver. (iv) The Planning Board shall only grant such waivers to the minimum extent that it shall deem necessary and adequate while at the same time preserving and protecting the character of the neighborhood and the health, safety, and welfare of the community. (4) Certificate of appropriateness. (a) Applicability. (i) This section applies to all applications for permits for work involving any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or a property within a historic district; any material change in the appearance of such a property or its windows, light fixtures, signs or awnings, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley; or any grading or roadwork on a designated landmark property or property in a historic district. (b) Procedure. [Image] (i) A certificate of appropriateness shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). (ii) The Chief Planning Official shall refer the application to a staff member or member of the Historic Resources Commission or member of the Planning Board with knowledge of historic and/or archaeological resources for review, at the Chief Planning Official's discretion pursuant to the examples outlined below: A. Major certificate of appropriateness. The following activities shall constitute a major certificate of appropriateness: 1. Demolition of a structure; 2. Construction of a new structure on a site containing a landmark or in a historic district; 3. Substantial alterations to the facade of a landmark or a property within a historic district; 178 4. Replacing historically appropriate materials with nonhistorically appropriate materials; and/or 5. Any subsurface excavation, grading, or roadwork on a designated landmark property, or in a historic district, or in the Fort Orange/Downtown Albany Archaeological Review District. 6. Other actions that do not qualify for review as a minor certificate of appropriateness B. Minor certificate of appropriateness. The following activities shall constitute a minor certificate of appropriateness: 1. Replacement of a feature that is an element of the structure; 2. Restoring original materials on a structure or site; 3. Changes in-kind to a sign on the property; 4. Replacement of nonoriginal or replacement windows; 5. Replacement of nonoriginal or roofing materials; 6. Replacement of nonhistorically appropriate materials with historically appropriate materials based on physical or pictorial evidence. (iii) If the Chief Planning Official denies an application for a minor certificate of appropriateness, the applicant may request review of the application by the Historic Resources Commission. If so requested, the application shall be referred to the Historic Resources Commission for a decision made pursuant to § 375-505(4)(b)(ii)(A) (Major certificate of appropriateness). (c) Review criteria. A certificate of appropriateness may be approved if it is determined that: (i) A cultural resources investigation indicates that it is not likely that significant archaeological features exist on the site, or that the proposed activity will not damage or disrupt any significant archaeological features on the site, or that the applicant has committed to adequate protection or relocation of any significant archaeological features likely to be found on the site. (ii) Changes to a property or site visible from a public right-of-way conforms to those guidelines in § 375- 206(1)(c) (General guidelines), § 375-206(1)(d) (Rehabilitation guidelines), § 375-206(1)(e) (New construction guidelines), § 375-206(1)(f) (New construction in or adjacent to the Downtown Albany Historic District), and § 375-206(1)(g) (Fence, wall, and accessory structure guidelines) to the maximum extent practicable and/or the applicant has mitigated any departures to the maximum extent practicable. (5) Major subdivision of land. (a) Applicability. The provisions of this subsection shall apply to all divisions of land within the City that will create five or more new lots, or for which new public infrastructure is required to be constructed 179 (beyond utility connections from new lots to existing utility lines). (b) Procedure. An application for a subdivision of land shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). The Chief Planning Official and Planning Board shall also ensure compliance with the procedures for review set out in General City Law sections 32 and 34, and General Municipal Law 239-n. [Image] (c) Review criteria. An application for major subdivision of land shall be approved only if it is determined that: (i) All proposed lots created meet the dimensional standards for that district; (ii) The proposed development is consistent with the Comprehensive Plan; (iii) The proposed development is consistent with the provisions of General City Law section 33, this USDO, and the Albany City Code; and (iv) The proposed development complies with all requirements and conditions of approval of any prior development permits or approvals applicable to the property. (d) Post-decision actions and limitations. The post-decision actions and limitations in § 375-504(5) shall apply to the application except as follows: (i) Expiration of approval. A. Approval of a subdivision plat shall expire within 180 days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. B. The Chief Planning Official may extend by not more than two additional periods of 90 days the time in which a conditionally approved subdivision plat must be submitted for signature if, in the Chief Planning Official's opinion, such extension is warranted by the particular circumstances unique to the site or proposed project. C. A subdivision on which all conditions of approval have been completed does not expire, but shall remain valid unless and until the subdivision plat is subsequently amended in accordance with this § 375-505(5). (ii) Certification of plat. A. Within five business days of the adoption of the Planning Board resolution granting conditional or final approval of the subdivision, the subdivision plat shall be certified by the Chief Planning Official as having been granted conditional or final approval, and a copy of such resolution and subdivision plat shall be filed in the City Clerk's office. The original subdivision plat shall be filed in the Office of the Albany County Clerk. B. A copy of the Planning Board resolution shall be mailed to the owner. 180 C. In the case of a conditionally approved subdivision, such resolution shall include a statement of the requirements, which when completed will authorize the signing of the certification. Upon completion of such requirements the subdivision plat shall be signed by the Chief Planning Official and a copy of such signed subdivision plat shall be filed in the City Clerk's office. (6) Conditional use permit. (a) Applicability. This section applies to any change of use application where the proposed use is identified as a conditional use in Table 375.302.1 (Permitted Use Table) in the district where it is proposed to be located, or as otherwise required by this USDO. (b) Procedure. A conditional use permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (c) Review standards. An application for a conditional use permit shall be approved only if it is determined that it: (i) Is consistent with any provisions of this USDO and the Albany City Code; (ii) Would not result in a random pattern of development with little relationship to existing or planned development; (iii) Would not cause negative fiscal or environmental impacts on adjacent properties and the surrounding neighborhood; (iv) Is consistent with the purposes and objective of the zoning district and character of the neighborhood in which it is located and the specific use standards applicable to the use; (v) Would not result in harmful cumulative effects or impacts of aggregate similar conditional uses; (vi) Would not place excessive burden on public improvements, facilities, services, or utilities; and (vii) Will provide a necessary and desirable service that is in the interest of the public convenience and will contribute to the general welfare of the surrounding neighborhood or community. (7) Demolition review. (a) Applicability. (i) No person shall demolish any building, structure or any portion of a building or structure without a valid demolition review, unless exempted by § 375-505(7)(ii). (ii) Exemptions. A. Any principal structure located within the I-2 Zoning District containing less than 20,000 square feet of gross floor area; 181 B. Partial demolitions involving less than 25% of the non-street-facing portions of the principal structure; C. Accessory structures containing less than 1000 square feet of gross floor area that are not visible from the public right-of-way. (iii) This subsection shall not reduce any emergency powers or any other powers of the Chief Building Official as to public safety, health and welfare. (b) Procedure. A demolition review shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). (c) Review criteria. The following criteria shall be evaluated in the making of a determination to approve or deny an application for a demolition review: (i) Whether the demolition and/or proposed redevelopment plan is consistent with the Comprehensive Plan, neighborhood or district plans, this USDO, and/or City or regional planning objectives. (ii) Whether the structure has significant historical, architectural, aesthetic or cultural value in its present or restored condition and whether the loss of the building would be detrimental to the historical or architectural heritage of the City. (iii) The relationship of the building to the character of the neighborhood as an established and definable area, the streetscape and its environs, or any adjacent or attached buildings. (iv) The architectural merits of the proposed new construction, as compared to the building or structure proposed to be demolished. (v) The timeframe within which the applicant intends to commence the proposed redevelopment of the site. (vi) Whether realistic alternatives, including adaptive uses, are likely based upon the nature or cost of work necessary to preserve the structure. (vii) The condition of the structure(s), the economic viability of rehabilitation, and whether the building or structure can be rehabilitated or reused. (viii)Whether the hardship is self-created or whether the building or structure proposed for demolition is structurally unsound despite efforts by the owner to properly maintain it. (iv) Whether some portion of the building, such as a facade or distinctive architectural details, can or should be retained or reused in the new construction. (d) Post-decision actions and limitations. (i) The applicant shall provide a plan to ensure a minimum of 35% of construction and demolition debris generated from the demolition project is diverted from disposal in landfills through recycling, reuse, and diversion programs. 182 (ii) Where a portion of the building, such as a facade or distinctive architectural details, is to be retained or reused as a part of a redevelopment, the applicant shall submit a stabilization plan by a licensed professional engineer to be endorsed by the Chief Building Official. (8) District plan approval. (a) Applicability. (i) Civic and institutional campuses owned or operated by a single or related entity or institution and occupying 10 or more acres of contiguous land area may elect to obtain approval of a comprehensive district plan. (ii) The district plan shall include all the contiguous areas and properties under the ownership and control of the institution. (b) Procedure. [Image] (i) Community meeting. A. The applicant shall hold at least one community meeting to discuss the proposed district plan before submitting the application for review and approval by the City. B. Mailed notice of the community meeting shall be provided as described in § 375-504(6)(c)(ii). C. The applicant shall submit with the application documentation that the community meeting has taken place, the date and time of the meeting, a list of attendees, a summary issues raised regarding the district plan, and any responses to those concerns incorporated in the district plan. (ii) Review and decision. A district plan shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). (iii) Post-decision actions and limitations. After a district plan is approved, all subsequent development proposed by the institution that substantially complies with the density, location and uses of the approved district plan shall be administratively approved by the Chief Planning Official without the need for additional public hearings. (c) Review criteria. An application for a district plan shall be approved only if it is determined that the proposed plan meets the following criteria: (i) It complies with all applicable standards for district plans as set forth in the Administrative Manual, or offers sound reasons for variations from those standards; (ii) The organization and layout of lots, structures, parking areas, loading areas, and automobile, bicycle, and pedestrian circulation routes shall not result in greater adverse impacts on adjacent residential districts than if the project were designed under the standards applicable to the property if a district plan were not approved, unless those adverse impacts have been mitigated to the maximum extent 183 practicable; (iii) The organization and layout of lots, structures, parking areas, loading area, and automobile, bicycle, and pedestrian circulation routes shall not result in greater adverse impacts on the City's street, utility, and infrastructure systems than if the project were designed under the standards applicable to the property if a district plan were not approved; and (iv) Sufficient public safety, transportation and utility facilities and services are available to serve the planning area at the proposed level of development, while maintaining sufficient levels of service to existing and anticipated development in surrounding areas. (9) Design review of tall buildings. (a) Applicability. This section applies to development involving construction of a building that exceeds 100 feet in height. (b) Procedure. An application for design review of a tall building shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (c) Review criteria. An application for design review of a tall building shall be approved if it is determined that: (i) The design complies with the standards in § 375-407 (Building and streetscape design), except as necessary to comply with the standards in Subsections (9)(c)(ii) through (vii) below; (ii) The design reflects architectural excellence in terms of orientation to adjacent streets and open spaces, variety and durability of building materials, facade articulation, and emphasis on pedestrian entrances and sitting gathering spaces. (iii) The design allows for adequate light and air for nearby public streets, sidewalks, trails, parks, and open spaces; (iv) The design, including but not limited to the streetscape and vehicular and pedestrian access points, contributes to the walkability of adjacent streets; (v) The design does not cast significant shadows on nearby public parks or open spaces between the hours of 9:00 a.m. and 3:00 p.m. on October 31, or if significant shadows are cast on that date, the shadows have been mitigated to the maximum extent practicable through building shaping and design; (vi) The ground level design contributes to encouraging street activity on adjacent streets; and (vii) The design is consistent with the intended character of the downtown area, as described in the adopted Comprehensive Plan, and with the intent of the MU-DT zoning district. (10) Area or use variance. 184 (a) Applicability. If an application does not comply with the provisions of this USDO, the Chief Building Official or Chief Zoning Official shall issue a letter of denial. The applicant may then apply for a variance from the dimensional or development standards or the permitted use regulations of this USDO pursuant to this § 375-505(10). (b) Procedure. A use or area variance shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (c) Review criteria. (i) Area variance. In making its determination regarding a request for an area variance, the BZA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the BZA shall also consider: A. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance. B. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. C. Whether the requested area variance is substantial. D. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. E. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the BZA but shall not necessarily preclude the granting of the area variance. (ii) Use variance. No use variance shall be granted by a BZA without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the BZA that for each and every permitted use under the zoning regulations for the particular district where the property is located: A. The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; B. The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; C. The requested use variance, if granted, will not alter the essential character of the neighborhood; and D. The alleged hardship has not been self-created. (iii) Minimum necessary variance. The BZA, in the granting of variances, shall grant the minimum variance that it shall deem necessary and adequate to address the hardship while preserving and protecting the 185 character of the neighborhood and health, safety and welfare of the community. (11) Floodplain variance. (a) Applicability. (i) An applicant may apply for a variance from any floodplain development standard in § 375-206(3) (FP-O Floodplain Overlay). (ii) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 375-505(11)(c) have been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. (iii) Variances may be issued for the repair or rehabilitation of historic structures upon determination that: A. The proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure; and B. The variance is the minimum necessary to preserve the historic character and design of the structure. (iv) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: A. The criteria of Subsection (11)(a)(ii), (v), (vi) and (vii) of this subsection are met; and B. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. (v) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (vi) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; (vii) Variances shall only be issued upon receiving written justification of: A. A showing of good and sufficient cause; B. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and C. A determination that the granting of the variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances. 186 (b) Procedure. A floodplain variance shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (c) Review criteria. (i) In reviewing floodplain variance applications, the BZA shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: A. The danger that materials may be swept onto other lands to the injury of others; B. The danger to life and property due to flooding or erosion damage; C. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; D. The importance of the services provided by the proposed facility to the community; E. The necessity to the facility of a waterfront location, where applicable; F. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; G. The compatibility of the proposed use with existing and anticipated development; H. The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area; I. The safety of access to the property in times of flood for ordinary and emergency vehicles; J. The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding; K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and L. The costs of providing governmental services during and after flood conditions, including search and rescue operations, maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems and streets and bridges. (d) Post-action decisions and limitations. (i) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation. (ii) The Chief Planning Official shall maintain the records of all applications for floodplain variances, 187 including technical information, and shall report any variances to the Federal Emergency Management Agency upon request. (12) Historic property hardship modification. (a) Applicability. This subsection applies to: (i) All applications for a modification or waiver of some or all of those historic preservation standards and guidelines in § 375-206(1) (HR-O Historic Resources Overlay), which can only occur after a denial of a major certificate of appropriateness by the Historic Resources Commission pursuant to § 375-505(4); and (ii) All applications to demolish, remove, or relocate a designated landmark or a contributing structure in a historic district, unless the Department of Buildings and Regulatory Compliance has made a written decision that the building presents an imminent threat to the public health, safety, or welfare. (b) Procedure. [Image] (i) An applicant may request, in writing, a waiver or modification of any of the standards or guidelines in § 375-206(1) (HR-O Historic Resources Overlay) or may request in writing permission to demolish, remove, or relocate a designated landmark or a contributing structure in a historic district. (ii) The Chief Planning Official may require additional information to be appended to the application, which will verify the practical difficulties or economic hardship claimed by the applicant. (iii) The Historic Resources Commission reserves the right to waive or otherwise modify such standards or guidelines, or to permit the demolition, removal, or relocation of a structure, upon a finding that such action is necessary to eliminate practical difficulties or economic hardship associated with strict interpretation of these provisions. The applicant shall have the burden of proving any practical difficulty or economic hardship that is claimed. (iv) The Commission shall limit any waiver or modification of the standards or guidelines, or the approval of any demolition, removal, or relocation of a structure, to the minimum required to alleviate the economic hardship or practical difficulty, and may prescribe conditions that it deems necessary or appropriate. (v) The Commission shall hold a public meeting on the historic property hardship application at which the applicant and public will have an opportunity to present their views on the application. (vi) If the Commission finds that the applicant's burden of proof has been met, the Commission shall issue a decision to approve the application with or without conditions. Its decision shall clarify which of the standards or guidelines in § 375-206(1) have been waived or modified, and the nature and extent of the waivers or modifications, or shall clarify its permission to demolish, remove, or relocate a structure. (vii) In the case of an application to demolish, remove, or relocate a landmark structure or a contributing structure in a historic district, the Commission may also decide to approve the application subject to a waiting period of up to 120 days to allow the Commission to document the structure, to consider options 188 to relocate the structure, and/or to consider options to modify the building for future uses that preserves the architectural and historical integrity of the building. (viii)The decision of the Commission shall be in writing and shall state the reasons for its decision. A copy shall be sent to the applicant by first-class mail or personal service with proof of delivery, and a copy filed with the City Clerk's office for public inspection. (c) Review criteria. (i) Applications that do not involve a demolition, removal, or relocation. The Historic Resources Commission may approve the application, with or without conditions, if it determines that: A. The applicant cannot realize a reasonable return if compliance with the Commission's decision is required; provided, however, that the lack of reasonable return is proven by the applicant to be substantial as demonstrated by competent financial evidence; B. The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; C. The requested relief, if granted, will not alter the essential character of the neighborhood; and D. The alleged hardship has not been self-created. (ii) Applications for demolition, removal, or relocation. The Historic Resources Commission may approve the demolition, with or without conditions, if it determines that: A. The applicant has proposed an imminent plan for the redevelopment or reuse of the affected property; B. The denial of demolition, removal, or relocation will prevent the property owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible; C. The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; D. Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and E. The owner has not created his own hardship through waste and neglect that allowed the property to fall into a serious state of disrepair. (13) Building permit. (a) Applicability. A building permit shall be required to construct, alter, add to, or convert any structure or part of a structure. (b) Procedure and zoning clearance. [Image] 189 (i) An application for a building permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). (ii) The Chief Building Official may require that an application receive a zoning clearance from the Chief Planning Official. A zoning clearance is a determination made by the Chief Planning Official that the proposed development is consistent with the provisions of this USDO and the Albany City Code. When such a request has been made, no person shall construct, alter, add to, or convert any structure or part of a structure or change the use of any land or property without a valid zoning clearance issued by the Chief Planning Official. (c) Review criteria. An application for a building permit shall be approved only if the person or entity responsible for making a decision determines that it is consistent with: (i) the adopted Building Code; (ii) the Uniform Fire Code; and (iii) the Albany City Code, including this USDO. (14) Floodplain development permit. (a) Applicability. (i) A floodplain development permit is required for all construction and other development to be undertaken in areas of special flood hazard as shown of the Flood Insurance Rate Map. (b) Procedure. An application for a floodplain development permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (c) Review criteria. An application for a floodplain development permit shall be approved only if it is determined that: (i) The proposed building sites will be reasonably safe from flooding. (ii) If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements meet the City adopted standards, as amended. (iii) Any proposed development in an area of special flood hazard does not result in physical damage to any other property (e.g., stream bank erosion and increased flood velocities). The Chief Building Official may require the applicant to submit additional technical analyses and data necessary to complete the determination. (iv) All necessary permits have been received from those governmental agencies from which approval is required by state or federal law. (15) Sign permit. 190 (a) Applicability. (i) An application for a sign permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). (ii) A sign permit is not required for those signs listed in § 375-409(4) (Signs that may be erected without a permit). (b) Procedure. [Image] (i) The Chief Building Official may require that an application receive a zoning clearance from the Chief Planning Official. When such a request has been made, no person shall construct, alter, add to, or convert any structure or part of a structure or change the use of any land or property without a valid zoning clearance issued by the Chief Planning Official. (ii) The Chief Building Official shall review the application and make a decision on the sign permit. (c) Review criteria. An application for a sign permit shall be approved only if it is determined that it is consistent with any provisions of the Albany City Code, including this USDO. (16) Grading permit. (a) Applicability. (i) No person shall commence or perform any grading and no person shall import or export any earth materials to or from any grading site without first having obtained a permit from the City Engineer. See also, Chapter 211 (Grading and Mining). (ii) Exemptions. In the following instances, a grading permit is not required: A. The excavation or fill does not exceed two feet in vertical depth at its deepest point measured from the original ground surface and does not exceed 50 cubic yards of material on any one lot; however, no fill shall be placed on a surface having a slope steeper than one vertical to 10 horizontal, and no fill shall be placed that will alter the existing drainage pattern. B. An excavation below finished grade for basements, footings, swimming pools or any underground structure that does not exceed 50 cubic yards of material and is authorized by a valid building permit issued by the Chief Building Official. C. Work within the public right-of-way, dams and drainage structures constructed by or under contract with the City Engineer, Department of General Services, or the Department of Water and Water Supply of the City of Albany. D. Work accomplished under the auspices of and owned and controlled by the federal government or the State of New York. 191 E. The depositing of rubbish or debris at any landfill owned or operated by the City of Albany. (b) Procedure. An application for a grading permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (i) Post-decision actions and limitations. The post-decision actions and limitations in § 375-504(12) shall apply to the application, except as follows: A. Every grading permit issued shall be valid for a period of one year from the approval date, provided that any permit shall expire on the 180th day from date of issuance if the permitted work has not been commenced by that date. B. After expiration, a new permit shall be obtained before any work is done, and the applicant shall pay an application fee in the amount required for the original permit, determined by the total valuation of the uncompleted portion of the work. C. If the holder of a grading permit presents satisfactory reasons for his failure to complete the work during the period of validity of the permit, the City Engineer, upon application by the permittee, may grant extensions of time reasonably necessary by reason of such difficulties. No request for such extensions shall be considered after the date on which the permit would have otherwise expired. D. If a permit has not been secured within six months after plans have been submitted for review, no permit shall be issued until the plans have been rechecked and approved, and an additional fee for such rechecking has been submitted. The City Engineer may waive this provision if satisfied that the nature of the work involved makes it impractical to secure a permit within six months after filing the plans. (c) Review criteria. An application for a grading permit shall be approved only if it is determined that the proposed development: (i) Will not create a hazard, slides, or be located on unstable soil. If the City Engineer determines that the proposed grading is not likely to be of such extent as to cause an immediate hazard on the proposed site, a permit may be issued upon receipt of a sworn affidavit that has been recorded in the office of the County Clerk, stating that the applicant is fully aware that the site is in an area subject to slides or unstable soil; (ii) Will not be located in an area subject to inundation without appropriate mitigation. If it can be shown by authentic past records that any possible inundation is not likely to be of such extent as to be an immediate hazard to the site, the City Engineer may issue a permit upon receipt of a sworn affidavit which has been recorded in the office of the County Clerk stating that the applicant is fully aware that the grading is in an area subject to inundation; (iii) Will comply with applicable district, use, and development standards in this USDO and in Chapter 211 (Grading and Mining); and (iv) Will comply with all requirements and conditions of any prior development permits or approvals related to the property. 192 (17) Right-of-way access permit. (a) Applicability. This section applies to all development projects or activities that require the creation of a new right-of-way access location or the relocation of an existing right-of-way access location on a public right-of-way. See also, Chapter 323 (Streets and Sidewalks). (b) Procedure. An application for a right-of-way access permit shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). In addition to those procedures, the Chief Planning Official and Commissioner of General Services shall consult with the Chief of Police or their designee. [Image] (c) Review criteria. An application for a right-of-way access permit may be approved if it is determined that: (i) The review authorities have no objection to the issuance of the permit; (ii) The issuance of the permit will not compromise public health and safety, including but not limited to automobile, bicycle, and pedestrian safety; (iii) The issuance of the permit is consistent with the intent and character of the district in which the property is located; (iv) The proposed activity is consistent with any provisions of the Albany City Code, including this USDO; and (v) The right-of-way access authorized is the minimum necessary to accomplish the purpose of the right-of- way access permit. (d) Post-decision actions. A right-of-way access permit may be revoked by the City for violation of any provision of this USDO or any condition attached to the permit, or if the City requires other use of the public right-of-way. (18) Revocable right-of-way privilege. All applicable provisions of § 375-504 (General procedures) apply unless specifically modified by the provisions of this subsection. (a) Applicability. This section applies to all development projects or activities that will occur on public rights-of-way, including but not limited to sidewalks. (b) Procedure. An application for a Revocable right-of-way privilege shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (c) Review criteria. An application for a revocable right-of-way privilege may be approved if it is determined that: (i) The review authorities have no objection to the issuance of the permit; 193 (ii) The issuance of the permit will not compromise public health and safety, including but not limited to automobile, bicycle, and pedestrian safety; (iii) The proposed activity is consistent with any provisions of the Albany City Code, including this USDO; (iv) The applicant has agreed to provide and maintain liability insurance protecting the City from liability for damage or injury related to the proposed activities on the public right-of-way, if the City determines that insurance be provided based on its evaluation of potential risks to the City; and (v) The issuance of the permit is consistent with the intent and character of the district in which the property is located. (d) Post-decision actions. A revocable right-of-way privilege may be revoked by the City for violation of any provision of this USDO or any condition attached to the privilege, or if the City requires other use of the sidewalk or public property. (19) Interpretation. (a) Applicability. The procedures and standards in this § 375-505(19) shall apply to all interpretations of the USDO made by the Chief Planning Official when: (i) An ambiguity exists in the meaning or application of words, phrases or requirements in the USDO that could affect proposed or existing developments, uses, adjacent property owners, or the character of one or more neighborhoods; or (ii) There is a conflict between the words, terms, allowable uses, or requirements and standards contained within this USDO; or (iii) There is a conflict between the words, terms, allowable uses, or requirements and standards contained in this USDO and other municipal, state or federal laws, codes, rules and regulations; or (iv) A property owner, developer, resident or Common Council member requests an interpretation or clarification of the provisions of this USDO to their property or residence or to other nearby properties and developments, and upon review, the Chief Planning Official determines the question raised is one that is likely to apply to other circumstances and the resulting determination will establish a precedent that should be followed in other similar circumstances. (b) Procedure. (i) Interpretations can be initiated by the Chief Planning Official or through formal requests by individuals or entities authorized to submit applications pursuant to § 375-504(4)(a)(Authority to submit applications). (ii) The Chief Planning Official shall review the relevant provisions of the USDO, any background information relative to legislative intent, the plain meaning of the words, and other relevant information and consult with Corporation Counsel prior to issuing a proposed decision on the interpretation. 194 (iii) Within five business days of making a proposed decision on an interpretation, a copy of the interpretation shall be posted on the department’s webpage, sent to the Common Council and interested parties. (iv) The proposed interpretation shall be presented by the Chief Planning Official to the Planning Board within sixty days of the issuance of the proposed interpretation or at the next scheduled and noticed Planning Board Meeting or Hearing, whichever is sooner. Notice of the nature of the proposed interpretation shall be included on the Planning Board agenda with a link to the proposed interpretation (v) Members of the public shall be allowed to submit written comment up to 10 days after the Planning Board meeting and will have the opportunity to provide public comment at all Planning Board Meetings or Hearings for the interpretation. (vi) Any parties aggrieved or adversely affected by any decision of the Chief Planning Official may seek Administrative Appeal review with the Board of Zoning Appeals through the procedures identified in §375-505(12)(b)(i) of the USDO. (vii) Notwithstanding the foregoing, the Chief Planning Official may consider their proposed interpretation final 14 days after posting the proposed interpretation on the department’s webpage and sending it to the Common Council if no member of the Common Council objects to the proposed interpretation and if the Chief Planning Official determines, to a reasonable degree of certainty, that: A. Any delay in finalizing the proposed interpretation will result in significant harm to the quality of life or financial or property interests of any resident, property owner, or developer; B. The proposed interpretation meets the review criteria set forth in subdivision (c) below; and C. There are no significant viable alternatives to the proposed interpretation. (c) Review criteria. (i) An interpretation request shall be reviewed by the Chief Planning Official and the proposed interpretation shall not be issued unless it meets the following criteria: A. Is consistent with all provisions of this USDO, the Albany City Code, the legislative intent, and the plain meaning of the language used in the USDO; B. Is consistent with the Comprehensive Plan; C. Will not create risks to public health or safety; D. Has identified and determined that the interpretation would not result in any significant negative land use impacts; and E. Would avoid an arbitrary and capricious delay in the review of a pending application that could otherwise be reviewed through the procedures of §375-505(20) of the USDO (Amendment to Zoning 195 Map or USDO Text). (d) The Chief Planning Official’s decision shall be one of the following: (i) Issue the interpretation with no recommended text changes; (ii) Issue the interpretation with recommended text changes for the next Annual USDO Review as identified in §375-505(20) of the USDO; (iii) Issue the interpretation and recommend immediate amendment to the text of the USDO through the general procedures of §375-505(20) of the USDO. (iv) Refer the issue to the Planning Board and Common Council through the submission of an Amendment to the USDO Text Application through the general procedures of §375-505(20) of the USDO. (e) The final decision will be posted on the City’s website and sent to the Common Council within 5 days of it becoming final. (20) Amendments to Zoning Map or USDO text. All applicable provisions of § 375-504 (General procedures) apply unless specifically modified by the provisions of this subsection. (a) Applicability. (i) The procedures and standards in this subsection apply to the review of any proposal to amend the Zoning Map or the text of this USDO. (ii) An applicant may apply to the Common Council for a Zoning Map and/or USDO text amendment by submitting an application to the Chief Planning Official, who shall initiate an application in accordance with § 375-505(20)(b)(i). (iii) A member of the Common Council may initiate an amendment to the zoning map of the USDO text by the introduction of an ordinance that shall be shared with the Chief Planning Official for review and comment, and may request Planning Board input, but shall not require official Planning Board action prior to adoption. (b) Procedure. [Image] (i) Application submittal and acceptance. A. The application shall be submitted and accepted, and may be withdrawn, in accordance with § 375- 504(4). B. Any proposed rezoning of land shall require submission of a plan addressing how traffic, parking, and view impacts will be minimized and shall demonstrate how the rezoned properties will manage parking, circulation, noise, and visual impacts, and will meet other applicable development standards. 196 (ii) Planning Board review and action. The Planning Board shall review the application and make a recommendation in accordance with § 375-504(7). (iii) Common Council review and decision. A. General. The Common Council shall review the application, hold a public hearing and decide the application in accordance with § 375-504(10). B. Zoning map amendment additional requirement. For amendment of the Zoning Map, the affirmative vote of a majority of the Common Council is required. However, an affirmative vote of 3/4 of the Council shall be required whenever a petition protesting an amendment is signed by the owners of 20% or more of the area of: 1. The owners of the property included in the proposed change; or 2. The owners of the property immediately adjacent to and within 100 feet of the subject area. (iv) Post-decision actions and limitations. The post-decision actions and limitations in § 375-504(12) shall apply to the application except as follows: A. Zoning Map and USDO text amendments do not expire, but shall remain valid unless and until the revised Zoning Map or text of this USDO is subsequently amended in accordance with this subsection. (c) Review standards. (i) General standards. Amending the Zoning Map and the text of this USDO is a matter committed to the legislative discretion of the Common Council. In deciding the application, the Common Council shall consider and weigh the relevance of, and consider whether and the extent to which the proposed amendment: A. Is consistent with the Comprehensive Plan; B. Conflicts with any other provisions of this USDO and the Code of the City of Albany; C. Is required by changed conditions; D. Addresses a demonstrated community need; E. Would improve compatibility among uses and would ensure efficient development within the City; F. Would result in a logical and orderly development pattern; and G. Would avoid significant adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment. 197 (ii) Zoning map amendment additional standards. A. Is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zoning district for the land; and B. Would result in development that is adequately served by public facilities (e.g., streets, potable water, sewerage, stormwater management, solid waste collection and disposal, schools, parks, police, and fire and emergency medical facilities). (d) Annual review. On April1st of each year, beginning in 2022, the Chief Planning Official shall deliver to the Common Council at least once each calendar year a report that shall include, at a minimum: (i) A list of all area variance applications and their status; (ii) A list of all use variances and associated decisions (i.e., approved, approved with conditions, denied); (iii) A list of all conditional use permits and their status; (iv) A list of all projects reviewed under development plan review and their status; (v) A list and totals of any approved accessory dwelling units; (vi) A list and totals of any units produced under the affordable housing incentives in § 375-401(4)(a)(iii); (vii) The status of any inclusionary housing or other housing market studies as well as any recommendations for modifications of the affordable housing provisions in this USDO based on such studies; and (viii)A memorandum identifying any text or map amendments that the Chief Planning Official intends to submit to the Planning Board under this § 375-505(20) (Amendments to Zoning Map or USDO text). These recommended text amendments or map changes may be based on feedback from applicants, new technology, advanced zoning tools, or to further advance the goals of the Comprehensive Plan, as that Plan may be amended from time to time. (21) Designation of a historic landmark, historic district, or archaeological district. (a) Applicability. This § 375-505(21) applies to all applications to designate a City of Albany landmark, historic district, or archaeological district. (b) Procedure. (i) An application to designate a historic landmark, historic district or archaeological district shall be reviewed and decided pursuant to the procedures outlined in Table 375.502.1 (Summary of Development Review Procedures). [Image] (ii) Notice of a proposed designation shall be sent by registered mail to the owner of each property proposed for designation or located adjacent to a property proposed for designation, describing the property and 198 announcing a public hearing by the Historic Resources Commission (HRC) to consider the designation. Where the proposed designation involves so many properties that individual notice to affected owners is impractical, notice may instead be published at least twice in a newspaper of general circulation a minimum of 10 days prior to the date of the public hearing. Once the HRC has issued notice of a proposed designation, no building permit for work in the affected area shall be issued by the Commissioner of Buildings and Regulatory Compliance until the Common Council has approved or disapproved the designation, unless the HRC has reviewed the permit request according to the procedures and criteria for a certificate of appropriateness. (iii) The HRC shall hold a public hearing before recommending designation of any landmark or historic district. The HRC, owners of the affected property and any other interested parties may present testimony or documentary evidence at the hearing regarding the historic, architectural or cultural importance of the proposed landmark or historic district. Such testimony or evidence shall be included in the record of the hearing. The record may also contain staff reports, public comments or other evidence offered outside of the hearing. (iv) The HRC shall supply the City Clerk's office with a notice and explanation of its recommendation of designation of a landmark or historic district. Such notice shall include a description of each property proposed for landmark designation or the boundaries of each proposed historic district. (v) The City Clerk shall cause the HRC's recommendation to be presented to the Common Council at its next scheduled meeting. (vi) After the HRC's recommendation is presented, the Common Council may approve or disapprove the proposed designation of a landmark or historic district. (vii) Upon Common Council approval of a designation, a list of the landmarks or historic districts designated shall be filed with the City Clerk, the Chief Planning Official, the Chief Building Official, the City Engineer and the Albany County Hall of Records. (viii)Notice of a designation shall be sent to the owner of each property that is designated or located adjacent to a designated property. Where the designation involves so many properties that individual notice to affected owners is impractical, notice may instead be published at least twice in a newspaper of general circulation. (c) Review criteria. (i) Individual landmarks and archaeological districts. The Historic Resources Commission may recommend designation of a landmark or archaeological district if it is determined that the landmark or district: A. Possesses special character or historic, aesthetic or archaeological interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation; B. Is identified with historic personages or events significant in local, state, or national history; C. Embodies the distinguishing characteristics of a cultural period, an architectural style, a period or 199 method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; D. Is the work of a designer, architect or builder whose work has significantly influenced an age; or E. Represents an established and familiar visual feature of the neighborhood due to a unique location or singular physical characteristic. (ii) Historic districts. The Historic Resources Commission may recommend designation of a group of properties as a historic district if it determines that the area: A. Contains a majority of the properties that meet one or more of the criteria for designation of a landmark and may have within its boundaries other properties or structures that, while not of such historic or architectural significance to be designated as landmarks, contribute to the overall visual characteristics of the historic resources within the district; B. Constitutes a significant and distinguishable entity whose components may lack individual distinction; C. Embodies the distinctive characteristics of a type, period, or method of construction; D. Portrays the environment of a group of people in an era of history characterized by a distinctive architectural type; E. Has yielded, or is likely to yield, information important in history or prehistory; F. Possesses high artistic value; or G. Has a relationship to designated landmarks or a historic district which makes the area's preservation critical. (d) Post-decision actions. (i) Upon approval of a designation, a list of the landmarks or districts designated shall be filed with the City Clerk, the Chief Planning Official, the Chief Building Official, the City Engineer and the Albany County Hall of Records. (ii) Notice of a designation shall be sent to the owner of each property that is designated or located adjacent to a designated property. Where the designation involves so many properties that individual notice to affected owners is impractical, notice may instead be published at least twice in a newspaper of general circulation. § 375-506 Preexisting development and nonconformities. (1) A preexisting development, structure or a use of a lot or structure that does not conform to the current zoning regulations of the district in which it is located, shall be considered to be a legal nonconforming structure or legal nonconforming use provided: (a) The preexisting development, nonconforming structure, or nonconforming use was lawfully established 200 in accordance with the applicable laws and regulations in effect at the time of its establishment; (b) The preexisting development, nonconforming structure, or nonconforming use has been continuously maintained since it was established; (c) The preexisting development, nonconforming structure, or nonconforming use has not been abandoned for a period in excess of one year; and (d) The preexisting development, nonconforming structure, or nonconforming use meets the requirements of this section. (2) Conditional uses. (a) If a use was established prior to the adoption of this USDO and previously was legally permitted without a special use or conditional use permit, but is required to have a conditional use permit under this USDO, the use will be deemed to have a conditional use permit under this USDO for the specific use as it existed on the effective date of this USDO. (b) A use that has been deemed a conditional use by nature of its existence on the effective date of this USDO may continue to be used for the purposes for which it was used when it became a conditional use, and may be sold to a new owner or operator, however the building or parcel of land shall not be enlarged to accommodate any expansion of the conditional use. (c) A conditional use that had been authorized to continue to operate as a conditional use pursuant to this subsection (2) but has been discontinued or vacated for a period of one year or more shall be considered abandoned and a new conditional use permit will be required to reactivate or resume the use. (3) Legally nonconforming lots. (a) A lot that does not conform to the standards in this USDO for the zoning district in which it is located may nevertheless be used for any use for which a conforming lot may be used, but must comply with all dimensional standards in § 375-401, all form-based standards in § 375-402, and all other provisions of this USDO applicable to property in that zoning district. (b) On a nonconforming lot of record, all front and rear yards and setbacks as well as subsequent expansions must conform to zoning district yard requirements. (4) Legally nonconforming uses. (a) Continuation without expansion of structure. Any use existing on or before the adoption of this USDO that is in any way made nonconforming under this USDO or that was legally nonconforming at ythe time of the adoption of this USDO, including operational requirements such as hours of operation, provision of off-street parking spaces, and noise limitations, may continue to be used for the purposes for which it was used when it became nonconforming, and may be sold to a new owner or operator, however the building or parcel of land shall not be enlarged to accommodate any expansion of the nonconforming use. 201 (b) Hours of operation. Where this USDO establishes hours of operation that differ from those applicable under prior regulations, permits, or approvals, operations that open earlier or close later shall be considered legally nonconforming notwithstanding a prior permit or approval from the City authorizing those different hours of operation. (c) Reestablishment. (i) Except as otherwise permitted in (ii) and (iii) below, no nonconforming use may be reestablished after it has been discontinued or vacated for a period of one year or more. (ii) A property owner or administrator of an estate may apply to the Chief Planning Official for continuation of legal nonconforming status for a period not exceeding 90 days beyond the one year allotted by law if the applicant shows that: A. The discontinuance resulted from circumstances such as death of a property owner, foreclosure or bankruptcy; and B. Continuous good faith efforts to resume the use have been shown. If discontinuance in use is due to the loss of a tenant, the owner must show that reasonable action to obtain a new tenant has continued, such as listing the property with a real estate agent, receipt of good faith offers on a regular basis by interested persons, existence of a telephone number which is available to persons interested in the property and evidence of continuous active marketing efforts, such as advertisements in appropriate media and current signage on the property. (iii) A denial of an application for continuation of legal nonconforming status may be appealed by the property owner to the Board of Zoning Appeals in accordance with § 375-504(9). (d) Substitution. No nonconforming use may be converted to a different nonconforming use unless the Board of Zoning Appeals determines that the alternative use is in the same or a less intense land use category based on Table 375.302.1 (Permitted Use Table). An alternative use may only be found to be in the same or a less intense land use category if it is a listed use in the Permitted Use Table and is allowed in all zones with the same or fewer conditions than the prior legal nonconforming use. (e) Damage or destruction. (i) In the event that any structure containing a legally nonconforming use is damaged or destroyed to the extent of more than 50% of the cost of replacement of the structure, as determined by the City Tax Assessor, any reuse of the structure shall conform to all regulations of the zoning district in which it is located per this USDO. (ii) Where any such structure is damaged or destroyed to the extent of 50% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; to enable continued operation of the nonconforming use, provided that no repairs or restorations shall be made which would create or increase any parking, yard or space and bulk nonconformity, nor shall any repairs or restoration (except in conformity with the applicable zoning district regulations) be made unless a 202 building permit is obtained and restoration is actually begun within one year after the date of such partial damage or destruction and is diligently pursued to completion. (f) Repair and maintenance. Normal maintenance and repairs, including but not limited to replacement, and installation or relocation of walls, partitions, fixtures, wiring or plumbing, may be performed on mechanical systems or existing portions of any structure devoted in whole or in part to a nonconforming use. (g) Enlargement of structure. No structure devoted in whole or in part to a nonconforming use shall be altered, enlarged or added to in any manner which would enlarge the nonconforming portion or create a new nonconformity. (h) Multi-unit dwelling exception. Any conforming multi-unit dwelling use in the R-2 or R-T Zoning District in existence on June 1, 2017, will be considered a conforming use of property notwithstanding any provisions of this USDO limiting the availability of multi-unit uses or the number of units permitted in the R-2 or R-T District in the future. (5) Legally nonconforming structures. (a) A legally nonconforming structure may be continued or sold, and may have normal and necessary maintenance and repairs. (b) No structural alterations may be made to a nonconforming structure unless those alterations bring the structure into closer compliance with this USDO, as determined by the Chief Planning Official. (c) In the event of a natural disaster and a nonconforming structure is damaged or destroyed, rebuilding in full compliance with this USDO is not required unless the cost to repair the existing structure exceeds 75% of the cost of replacement as determined by the Tax Assessor. In the R-T District, following such rebuilding each dwelling unit in the structure shall have an average minimum size of at least 750 square feet per unit. (6) Legally nonconforming signs. (a) All signs that have been lawfully erected shall be deemed to be legal and lawful signs and shall be maintained subject to the provisions of this section. (b) On-premises signs legally erected before the adoption of this USDO that do not conform to the provisions of § 375-409 may continue to be maintained as long as the specific business or use to which any sign pertains continues to operate at the same property; however, they shall not be enlarged, increased in height, redesigned or altered in any way, unless to conform to the requirements of this USDO. (7) Legally nonconforming parking or site improvements. Conforming land uses and structures on parcels or lots that do not comply with one or more of the parking and loading standards in § 375-405, the landscaping, screening and buffering standards in § 375-406, or the outdoor lighting standards in § 375- 408, may be expanded, revised, or redeveloped subject to the following conditions: 203 (a) The expansion, revision, or redevelopment must be to land uses and structures permitted in the zoning district where the property is located; (b) The expansion, revision, or redevelopment must not increase any nonconformity with the standards in § 375-406 or 375-408; (c) Any expansion or change in land uses that increases the amount of parking required on the property shall require that the net increase in required parking be provided on-site; (d) Any increase of impervious surface of 10% or more on the site shall comply with all standards and criteria in this USDO; and (e) Any redevelopment of the property that results in the demolition of all or part of an existing principal structure and/or construction of new principal structures shall require that the property be brought into compliance with all applicable requirements of this USDO. (8) Determinations of status of nonconformities. (a) Any person having a legal or equitable interest in a preexisting development or nonconforming property may apply for a determination from the Chief Planning Official on such forms as the Chief Planning Official shall prescribe. (b) Responsibility of the applicant/property owner. The burden of proving a structure or use is a legal nonconforming use resides with the property owner or other person with an equitable interest. (i) It shall be the applicant and/or property owner's responsibility to provide any and all documentation or evidence required to support a preexisting development or nonconformity claim under the provisions of this § 375-506. Although City employees may assist applicants, no City employee or official shall be responsible for gathering evidence or documentation to support a claim of legal nonconformity. (ii) Such evidence shall be sufficient to prove: A. That the use was lawfully established in accordance with the applicable law and regulations in effect at the time of its establishment; B. That the use has been continuously maintained since it was established; and C. That the use has not been abandoned for a period in excess of one year. (iii) Evidence may include but is not limited to photographs of the property or use (dated or with an affidavit as to the date of the photograph), utility bills, property tax statements or receipts, copies of leases or subleases, evidence of goods and services rendered from the property (dated or with an affidavit as to the date of the evidence), or notarized affidavits from the owner(s) of one or more properties within 300 feet of the subject property. (iv) Where an applicant seeks a certificate to establish the legal or nonconforming status of a structure or 204 other nonconformity only, the Chief Planning Official shall issue a determination upon review of a certified survey, building permits, or other documentation deemed necessary or sufficient by the Chief Planning Official. (c) Notice to interested parties. (i) The Chief Planning Officer shall provide interested property owners, members of the public, and the Common Council with notice of an application for a determination of legal nonconformity similar to the content of notices for applications for variances, and shall include information on how members of the public may submit comments or documentation to be considered by the Chief Planning Official. (ii) A notice of the application shall be posted at the property on each side the subject property faces a public street with the same information and in the same manner as is required for notice of a variance request and shall include information on how members of the public may submit comments or documentation to be considered by the Chief Planning Official. (d) The Chief Planning Official may not make a determination relating to a nonconforming use until 14 days after the date the public notices were mailed or the date the notice was posted at the subject property, whichever is later. (i) The Chief Planning Official shall review all proof submitted by the applicant and all other comments and documents submitted. The applicant shall only be entitled to a determination finding a legal nonconforming use or structure if the evidence submitted clearly establishes that the property meets each and every criteria of a legal nonconformity set forth in subsection (1) above. (e) The determination of the Chief Planning Official shall be mailed to the applicant, the City Clerk, designated Common Council staff, any person who commented in writing regarding the application, and posted on the Planning Department website within 5 days of its issuance. § 375-507 Enforcement and penalties. This section describes the City's powers to enforce the provisions of this USDO provided by law, and includes all enforcement powers available under the regulations in effect prior to the zoning, subdivision, and land use regulations that were replaced by this USDO. (1) Compliance required. Compliance with all the procedures, standards, and other provisions of this USDO, and with any conditions attached to any permit or approval issued pursuant to this USDO, is required by all persons owning, developing, managing, using, or occupying land or structures in the City. (2) Inspections. It shall be the duty of the Chief Building Official to inspect work during the course of construction to ensure compliance. In the event that any such inspection reveals that the work is not being carried out in compliance with the terms and conditions of any permit or approval issued under this USDO, the Chief Building Official shall order the work to cease and may order corrections to be made. In addition, the Chief Building Official may revoke the building permit. (3) Complaints of violations. Any person alleging violation of this USDO may file a complaint in writing 205 with the Chief Planning Official, who shall investigate the same. If reasonable evidence of a violation exists, the Chief Planning Official may then revoke or suspend the permit, issue a notice of violation and an order to cease and desist, or take any other action to prevent a further violation and/or remedy the existing violation authorized by this USDO. (4) Violations and responsible parties. (a) Violations generally. (i) Failure to comply with USDO or term or condition of approval. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this USDO, or the terms or conditions of any development permit, development order, or authorization granted in accordance with this USDO shall constitute a violation of this USDO, punishable as provided in this section. Each day a violation continues constitutes a separate violation. (ii) Development permits or approvals only authorize development approved. Development permits or approvals issued under this USDO authorize only the specific use, arrangement, location, design, density or intensity, and development set forth in such development permit or approval. (iii) Obtaining permit or approval based on false or misleading information. Any development, use, or other activity which is issued a permit or granted an approval based on false or misleading information shall be a violation of this USDO. (b) Specific violations. It shall be a violation of this Code to undertake any activity contrary to the provisions of this USDO, including but not limited to any of the following: (i) Develop land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions. (ii) Occupy or use land or a structure without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions. (iii) Subdivide land without first obtaining all appropriate development permits and approvals required to engage in subdivision, and complying with their terms and conditions. (iv) Excavate, grade, cut, clear, or undertake any land-disturbing activity without first obtaining all appropriate development permits and approvals, and complying with their terms and conditions. (v) Remove existing trees from a site or parcel of land without first obtaining appropriate development permits and approvals, and complying with their terms and conditions. (vi) Disturb any landscaped area or vegetation required by this USDO. (vii) Install, create, erect, alter, or maintain any sign without first obtaining the appropriate development permits and approvals, and complying with their terms and conditions. 206 (viii)Fail to remove any sign installed, created, erected, or maintained in violation of this USDO, or for which the relevant development permit or approval has expired. (ix) Create, expand, replace, or change any nonconformity except in compliance with this USDO. (x) Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this USDO. (xi) Increase the intensity or density of development, except in accordance with the standards of this USDO. (xii) Use or operate a business out of a structure without obtaining and maintaining a valid business tax receipt. (xiii)Demolish, alter, construct, or permit a designated landmark or other building or structure in a historic district to fall into serious disrepair, or to be damaged in a way that increases its likelihood of total failure, without obtaining approval of a certificate of appropriateness pursuant to § 375-505(4), as applicable. (xiv) Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this USDO. (5) General nuisances. (a) Upon the following circumstances, the Board of Zoning Appeals shall hold a public hearing and make a finding with respect to the nuisance or hazardous condition that exists and shall determine the necessity of terminating such nuisance: (i) A complaint registered by the Chief Planning Official signed by 50% of the property owners within 200 feet of a lot or building, or the Common Council member in whose ward such lot or building is situated, that the lot or the use of the property or building is considered to be a general nuisance or a hazard to the health, safety, welfare of uses or structures within 200 feet of such lot or uses; or (ii) Certification of the Chief Building Official that six or more complaints about noise, drunkenness, or disruptive behavior associated with a restaurant, bar, or tavern have been received within a twelve- month period. (b) Upon such a finding, the use of the property or building shall be terminated for a period of up to two years, or the hours or conditions of operation for any business or activity on the property where the nuisance occurred shall be restricted so as to prevent the nuisance from recurring. The applicant shall be permitted a reasonable time within which to terminate the activity. (c) If the terminated activity was operating as a legally nonconforming use, the legal nonconforming use status shall be lost by any termination due to a finding of nuisance. If the terminated activity is one that is required to have a conditional use permit in Table 375.302.1 (Permitted Use Table), then the use may not resume before a conditional use permit is obtained. 207 (d) In addition to the specific provisions in this § 375-507(5), the Board of Zoning Appeals shall retain all powers available to it under this USDO or state law. (6) Remedies and penalties. (a) Deny or withhold permits and approvals. (i) The Chief Planning Official or Chief Building Official may deny or withhold all permits and approvals, including building permits, certificates of occupancy, business licenses, or other forms of authorization to use or develop any land, structure, or improvements, until an alleged violation, associated civil penalty, and/or lien resulting from a previous final order related to such property, use, or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit or other approval is responsible for the violation. (ii) If the City determines that a designated landmark or other building or structure within a historic district has been demolished in violation of this USDO, the Chief Planning Official may withhold all permits and approvals for the subject property for a period of two years from the date of the completion of the improper demolition. (b) Revoke permits and approvals. (i) Any permit or other form of approval required under this USDO may be revoked, after notice and a hearing, when the Chief Planning Official determines that: A. There is a departure from the approved plans, specifications, limitations, or conditions as required under the entitlement; B. The entitlement was procured by false representation; C. The entitlement was issued in error; or D. There is a violation of any provision of this USDO. (ii) Written notice of revocation shall be served upon the property owner, agent, applicant, or other person to whom the entitlement was issued, including the reasons for the revocation, or such notice may be posted in a prominent location at the place of violation. No work or construction shall proceed after service of the revocation notice. (iii) Issuance of a permit under this USDO does not authorize violation of any other code or ordinance of the City. (c) Stop-work orders. (i) Whenever any building, structure, site, or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner, in substantial violation of any state or local building law, or in a manner that endangers life or property, the Chief Planning Official or the Chief Building Official 208 has the authority to issue a stop-work order for the specific part of the work that is in violation or presents the hazard. (ii) With or without revoking permits, the Chief Planning Official or Chief Building Official may issue an order to stop work on any property on which there is an uncorrected violation of either a provision of this USDO or a provision of an approval or other form of authorization issued under this USDO. (iii) The stop-work order shall be in writing and directed to the person doing the work, and shall specify the provisions of this USDO or other law allegedly in violation. After any such order has been served, no work shall proceed on any building, structure, or tract of land covered by such order, except to correct such violation or comply with the order. (iv) Once conditions for resumption of the work have been met, the Chief Planning Official or Chief Building Official shall rescind the stop-work order. (d) Criminal and civil penalties. (i) Any convictions of violating or assisting in the violation of this USDO shall be punishable by a fine not to exceed $1,000 or by imprisonment not to exceed 15 days, or both, for each offense. Each day that a violation is continued uncorrected or resumed, after the violator is notified, shall constitute a separate offense. (ii) Violation of any provision of this USDO, or any amendments to it, shall also subject the offender to a civil monetary penalty in an amount to be established by the Common Council. If the offender fails to pay this penalty within 15 days after being cited for a violation, the penalty may be recovered by the City in a civil action in the nature of a debt. A civil penalty may not be appealed if the offender was sent a final notice of violation in accordance with this section and did not take an appeal to the City within 20 days of the date of such final notice. (e) Restoration of the property. If the City determines that there has been a violation of the standards and requirements of § 375-206(1) (HR-O Historic Resources Overlay), any certificate of appropriateness issued under § 375-505(4) or any demolition review issued under § 375-505(7), the City may require the property owner to restore the property to its appearance prior to the violation. (f) Abatement. The City may abate the violation through the following process. (i) Before action is taken to abate a violation, a final warning notice shall be posted on the property and served personally or by certified mail with return receipt required to the property owner. (ii) Unless this notice is appealed to the Common Council within 10 days of the delivery of the final warning, the Chief Planning Official or Chief Building Official shall proceed to abate the violation. (iii) The Chief Planning Official or Chief Building Official shall keep an account of the cost, including incidental expenses, incurred by the City in the abatement of any violation. The Chief Planning Official or Chief Building Official shall forward a bill for collection to the violator and the property owner specifying the nature and costs of the work performed. For purposes of this section, the term "incidental 209 expenses" shall include, but not be limited to, the actual expenses and costs to the City in the preparation of the notices, specifications and contracts, work inspection, and interest from the date of completion at the rate prescribed by law for delinquent real property taxes. (iv) The responsibility for payment of the charges for abatement as set forth in this section shall rest solely upon the owners of the property upon which the abatement occurred. Such charges shall become a lien upon the real property upon which the violation was located. When charges for abatement remain unpaid after 30 days from billing, the Chief Planning Official or Chief Building Official shall record a claim of lien at the City Clerk and Recorder's office. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state or municipal property taxes, with which it shall be upon a parity. The lien shall continue until the charges and all interest due and payable thereon are paid. Article VI Rules of Construction; Definitions § 375-601 Rules of construction and calculation. (1) When used in this chapter as well as throughout the text, the following words shall have these meanings. (2) Where definitions are divided into classifications or categories of activities or uses, each classification or category shall be considered a different activity or use requiring separate application of the provisions of this chapter. Each line on the permitted use table in section § 375-302 represents a separate and distinct use. (3) Whenever the application of a standard or provision in this USDO to a development application results in a fraction of a whole number, fractions less than 0.5 shall be rounded down to the next whole number, and fractions of 0.5 or greater shall be rounded up to the next whole number. (4) Words, phrases, and terms not defined in this USDO shall have the definitions of those words, phrases, and terms in the latest draft of the International Building Code and/or International Residential Code, as adopted by the State of New York, if such a definition exists. § 375-602 Definitions. ABANDON To cease or discontinue a use or activity of a property for other than short periods associated with vacations, seasonal closure, remodeling or substantial maintenance. ABUT or ADJOIN To share a common lot line or zone lot line. ACCESSORY DWELLING UNIT A residential unit that is located on the same lot as a single-unit dwelling, either internal to or attached to the dwelling structure or in a detached structure. The accessory dwelling unit is a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and sanitation facilities. 210 ACCESSORY USE OR STRUCTURE A structure or use that: (1) Is subordinate to and serves a principal building or principal use; (2) Is subordinate in area, extent and purpose to the principal structure or principal use served; (3) Contributes to the comfort, convenience and/or necessity of the principal use; and (4) Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by provisions stated in this USDO. ADDITION Any construction that increases the size of a building or structure in terms of site coverage, height, or gross floor area. ADJACENT Physically abutting directly or diagonally across the street. In those cases where a boundary is drawn through a portion of a block along the side lot lines, the properties which continue on the remainder of the block to the next cross street will be considered "adjacent." Also defined as sharing a zone lot line or being separated only by an alley. ADMINISTRATIVE ADJUSTMENT A development approval authorizing limited deviations from certain of this USDO's dimensional or development standards as described in 375-504(5)(e) (Staff approval of administrative adjustments). ADMINISTRATIVE MANUAL A manual containing details on the mechanics of the development review processes, information for potential applicants, fee schedules, design standards, and application forms. ADULT ENTERTAINMENT An establishment consisting of, including, or having the characteristics of any or all of the following: (1) ADULT CABARET An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas. (2) ADULT MOTION PICTURE An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas. ADULT RETAIL An establishment having as a substantial or significant portion of its stock-in-trade instruments, devices, materials or paraphernalia, other than prophylactics, that are designed for use in connection with 211 specified sexual activities, books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas. AGRICULTURE, URBAN The raising, keeping or production of fruit, vegetable, flower, and other crops; composting; and the processing of those agricultural products, but not including backyard gardens, abattoirs, commercial feedlots, and stockyards. This use includes the ordinary accessory uses and structures for preparing, treating, and storing agricultural products, equipment and machinery, but does not include fat rendering, meatpacking, or tanning, cutting, curing, cleaning or storing of green hides or skins, slaughtering or meatpacking, or poultry dressing of animals. ALLEY A public or private right-of-way, less than 20 feet in width, generally designed to provide a secondary means of vehicular access to abutting property and not intended for general traffic circulation. ALTERATION (1) Generally, a modification of or addition to a structure other than normal maintenance or repairs. (2) For purposes of historic resource regulations, any act or process, other than demolition or preventative maintenance, that changes the exterior appearance of significant historical or architectural features, or the historic context of a designated landmark, including, but not limited to, exterior changes, additions, new construction, erection, reconstruction, or removal of the building or structure, or grading. ALTERNATIVE ENERGY GENERATING EQUIPMENT Equipment for the collection of solar, wind, or geothermal energy or its conversion to electrical energy for use on the same property or nearby properties, or for incidental sale to a public utility, when that equipment is accessory to a principal use of the property. AMENDMENT TO USDO TEXT A change to the text of this USDO, reviewed and decided by the Common Council under § 375-505(20). AMENDMENT TO ZONING MAP A change to the official Zoning Map, reviewed and decided by the Common Council under § 375- 505(20). ANTENNA Any apparatus outside of a structure for sending and/or receiving electromagnetic waves. APPLICANT A person who submits an application authorized by this USDO. ARCADE A gallery that has habitable space on the second story. 212 ARCHAEOLOGICAL DISTRICT An area with defined boundaries so designated by the Common Council that possesses a significant concentration, linkage or continuity of archaeological sites, structures or objects united historically by past events or united aesthetically by plan or development. An archaeological district may also comprise individual elements, separated geographically, but linked by association or history. ARCHAEOLOGICAL SITE Any archaeological site on, or eligible for inclusion on, the National Register of Historic Places, or any site that contains archaeological objects and the contextual associations of the archaeological objects, located on land, including, but not limited to, submerged and submersible lands, and the bed of any river, creek, or streamlet within the City's jurisdiction. Examples of archaeological sites include, but are not limited to: lithic quarries, camps, burial sites, lithic scatters, fortifications, house sites, and road beds. ARCHITECTURAL FEATURE A feature contributing to the general arrangement of the exterior of a structure, including but not limited to, the surface texture, building materials, roof shape, eaves, awnings, arcades, pilasters, cornices, wall offsets, and other building articulations. ARCHITECTURAL SIGNIFICANCE The quality of a building or structure based on its date of erection, style and scarcity of same, quality of design, present condition and appearance or other characteristics that embody the distinctive characteristics of a type, period or method of construction. AREA MEDIAN INCOME (AMI) Income limits established by HUD based on household size and the percentage of the area's income defined as "extremely low income" (30% of area median income), "very low income" (50% of area median income), and "low-income" (80% of area median income). AREA OF DISTURBANCE An area in which the natural vegetative soil cover has been removed or altered and, therefore, is susceptible to erosion. ARTICULATION Emphasis given to architectural elements on a building (windows, balconies, and entries) that create a variety of patterns or rhythms, dividing a large structure into smaller, identifiable pieces. ARTISAN MANUFACTURING Application, teaching, making, or fabrication of crafts or products by an artist, artisan or craftsperson, either by hand or with minimal automation, and may include direct sales to consumers from the same location. This definition includes uses such as small-scale fabrication, manufacturing, and other industrial uses and processes typically not permitted in nonindustrial zoning districts such as welding and sculpting, as well as small volume production of craft alcohol as defined by the State of New York, as amended from time to time with a production cap of 100,000 gallons. 213 ASSISTED LIVING FACILITY A residential establishment or institution other than a hospital that provides living accommodations and medical services primarily to individuals who, due to illness or disability, require assistance with medical care or daily living functions. Services like transportation, housekeeping, dietary supervision, and recreational activities may also be offered. This use also includes any establishment licensed by the State of New York that provides twenty-four-hour skilled nursing or rehabilitation services to elderly residents and those with a disability or handicap as defined by the Federal Fair Housing Act. ATTIC That portion of a building between the ceiling of the top full story and the roof and not used for living purposes. AUCTION HOUSE A place where the property of others, such as objects of art, furniture, and other goods (except livestock), are offered by a broker or auctioneer for sale to persons who bid on the items in competition with each other at scheduled sales periods or events. See also “RETAIL, GENERAL.” AUDITORIUM A hall or seating area, generally enclosed, where an audience views a musical or theatrical performance, concert, or other entertainment event. See also “STADIUM OR ARENA.” AUTOMOBILE WASH Any building or premises, or portion of a building or premises, devoted to the business of washing automobiles, whether by automated or manual means. AWNING A cloth or vinyl roof-like cover extending over or in front of a place as a shelter. BALCONY An open habitable portion of an upper story extending beyond a building's exterior wall that is not supported from below by vertical columns or piers but is instead supported by either a cantilever or brackets. BANQUET FACILITY A building or part of a building in which the principal function is hosting special occasion events, parties, banquets, receptions, and that serves food and drink prepared elsewhere to groups of people on the premises, but that does not meet the definition of a bar or tavern. This use may have facilities for refrigeration or heating of food, but generally does not have facilities to prepare the food it serves on the premises. See also “RESTAURANT.” BAR or TAVERN An establishment where alcoholic beverages are sold to be consumed on the premises, and where any sale of food is secondary to the sale of alcoholic beverages. This definition includes but is not limited to a bar, grill, saloon, pub, public house, beer garden, brewpub, or similar establishment, but does not include a banquet facility. 214 BARBER SHOP Any location providing barbering services that requires a license pursuant to New York State General Business Law Article 28, including, but not limited to, shaving, trimming or cutting of hair, shampooing, facial massages, application of cosmetic preparations, powders, oils or lotions to the scalp, face or neck. See also “BEAUTY SALON OR SPA.” BAY WINDOW A window structure that projects from the wall of a building. BEAUTY SALON OR SPA Any location providing “appearance enhancement services” that require a license pursuant to New York State General Business Law Article 27, including, but not limited to, natural hair styling, braiding, hair weaving, hair dying or curling, cosmetology, shaving, waxing, esthetics, or nail specialty services. BED-AND-BREAKFAST A residential lodging facility typically occupying a structure initially constructed as a single-unit or two- unit dwelling offering bedrooms without a kitchen, but may include kitchen privileges, and housing transient guests for periods not to exceed 14 consecutive days, serving breakfast. BLOCK A tract of land within a subdivision bounded by streets, streams, railroads, the exterior boundaries of the subdivision, or any combination thereof. BLOOD PLASMA CENTER A facility used for the extraction of blood, blood plasma, or blood components from human beings for commercial for-profit purpose and that is not an accessory to a medical clinic or hospital. BLUE ROOF A nonvegetated roof design that is intended to detain rainfall or snowmelt, typically to manage stormwater or store and reuse water. See also "green roof." BOAT LAUNCH A sloping platform, ramp, walkway, or driveway for launching small pleasure craft or fishing boats into the water. BUFFERING Whenever this term is used, it shall refer to any landscaping, screening, buffering, fencing or other barrier as required by this USDO. BUILD-TO LINE [Image] The setback from a front lot line that the building's façade shall be built to. BUILD-TO ZONE [Image] A range of allowable distances from a lot line that the building's principal façade shall be built to in order to create a moderately uniform line of buildings along the street. 215 BUILDING Any structure having a roof supported by columns or walls, either wholly or partially enclosed within exterior walls or within exterior or party walls, intended to be used for the shelter or enclosure of persons, animals or property. BUILDING, ATTACHED A building that abuts two side lot lines or is one of a row of abutting buildings. BUILDING, DETACHED A freestanding building that does not abut any other building and where all sides of the building are surrounded by yards or open areas within the lot. BUILDING, SEMIDETACHED A building that abuts or shares a wall, on a side lot line, with another building on an adjoining lot and where the remaining sides of the building are surrounded by open areas or street lines. BUILDING CODE The current New York State Uniform Fire Prevention and Building Code. BUILDING ENVELOPE The maximum three-dimensional space on a lot within which a structure can be built, as permitted by applicable height, setback and yard controls. BUILDING FOOTPRINT The outline of the total horizontal area that is covered by a building's perimeter at the ground level. BUILDING MASS The three-dimensional bulk of a building: height, width, and depth. BUILDING MATERIALS The physical characteristics that create the aesthetic and structural appearance of the building including, but not limited to, the texture and style of the components and their combinations, such as glass, brick, stone, steel, metal, concrete or stucco. BUILDING PERMIT An official document or certification that is issued by the Chief Building Official pursuant to the Building Code and authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure as being in compliance with Building Code standards. BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS A solar energy system that consists of integrating photovoltaic modules into the building envelope, such as the roof or the facade. 216 CABARET Any room, place or space in the City in which any musical entertainment, singing, dancing or other form of entertainment is permitted in connection with a catering establishment, tavern or restaurant business or an establishment directly or indirectly selling to the public food or drink, except eating or drinking places that provide incidental musical entertainment performed by fewer than three people with no amplification, or through a central audio system, including the use of a jukebox. Cabaret shall also include: (1) A membership corporation, club, association or society that permits musical entertainment, singing, dancing or other form of entertainment in premises wherein food or drink is directly or indirectly sold to its members, or their guests, or to the public; (2) A premises owned or occupied by a religious or educational institution that permits musical entertainment, singing, dancing or other forms of entertainment in said premises that do not coincide with a religious or educational service or do not arise directly from the eleemosynary purposes of such institution; or (3) A ship, boat or barge moored or tied to a dock, pier or shore and that contains a cabaret in use while so moored or tied. CANOPY A permanent, roof-like shelter that extends from part or all of a building face and is constructed of nonrigid material, except for the supporting framework. CAP The protective top layer of a masonry structure exposed to weather from above, such as a wall, parapet, or chimney. CELLAR A floor area of a building where the finished grade of the floor is four feet or greater below the average grade along the front of a building. It shall not be considered a story, whether occupied or not. CEMETERY An area of land and related facilities used for the interment of the dead. This definition includes columbaria and mausoleums. CERTIFICATE OF APPROPRIATENESS A certificate issued to permit construction, alteration, or modification or other actions to or near a landmark structure or a structure in a historic district. CERTIFICATE OF OCCUPANCY A document issued by the Chief Building Official pursuant to the Building Code that allows the occupancy and use of building(s) and structure(s) and certifying that said building(s) and structure(s) and use(s) have been constructed and will be used in compliance with all applicable municipal codes. 217 CHAIN-LINK FENCING A fence composed of wire mesh, typically forming woven diamonds approximately two inches in width. CHANGE OF USE A change in the use of a structure or premises from one land use to another land use, as set forth in § 375.302.1 (Permitted Use Table). CHARACTER This term is defined by form, proportion, structure, plan, style or material. General character refers to ideas of design and construction such as basic plan or form. Specific character refers to precise ways of combining particular kinds of materials. CHIEF BUILDING OFFICIAL The person so designated by the Mayor, which is generally the Commissioner of Buildings and Regulatory Compliance, or, in the absence of such Commissioner, the Director of the Department of Buildings and Regulatory Compliance. CHIEF PLANNING OFFICIAL The person so designated by the Mayor, which is generally the Commissioner of Planning and Development, or, in the absence of such Commissioner, the Director of Planning and Development. CHIMNEY A vertical structure attached to a building that contains a flue for drawing off smoke from a furnace, water heater, or fireplace. CITY The City of Albany, New York. CLEAR-CUTTING The cutting or removal of trees or other vegetation where more than 50% of the existing trees or vegetation per acre is removed over any five-year cutting cycle. CLUB A facility operated by a corporation, association or group of people for the social, educational or recreational intent of the dues-paying members and their guests, but not primarily for profit nor to render a service that customarily is carried on as a business. This definition includes lodges as defined herein. CLUSTER DEVELOPMENT A planned development in which lots are plotted that have less than the minimum lot size and setback requirements but that have access to common open space that is part of the overall development plan approved by the Planning Board. However, not more than the maximum density of dwelling units permitted by this chapter shall be allowed. COMBINED SEWER 218 A sewer designed to receive and transport both surface runoff and sewage. COMMON COUNCIL The elected legislative governing body of the City of Albany. COMMUNITY CENTER A not-for-profit or publicly owned facility providing recreational programs and meeting rooms that are open to the public and designed to accommodate and serve significant segments of the community. COMMUNITY RESIDENTIAL FACILITY Any building, structure, home, facility or place operated by person(s) other than the residents themselves, in which persons reside for a period of more than 24 hours, and that is used or intended to be used for the purpose of letting rooms, providing meals and/or providing personal assistance, personal services, personal care and protective care to persons meeting the definition of a person with a handicap or another person protected against housing discrimination under the Federal Fair Housing Act and court decisions interpreting that Act. For purposes of this definition, the term "person with a handicap" does not include persons currently using or addicted to alcohol or controlled substances who are not in a recognized recovery program, nor shall it include halfway houses for individuals in the criminal justice system, or residential facilities to divert persons from the criminal justice system. COMPOSTING The process of accelerated biodegradation and stabilization of organic material under controlled conditions to yield a product that can safely be used to enrich soil nutrients. COMPREHENSIVE PLAN That Comprehensive Plan for the City of Albany, approved by the Common Council, as amended or replaced by action of the Common Council from time to time. CONDITIONAL USE A use requiring a conditional use permit to operate within specified zones. CONDITIONAL USE PERMIT An authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met. See New York State General City Law § 27-b and § 375-505(6) of this USDO. CONFORMING USE Any lawful use of a building, structure, or parcel of land that complies with the provisions of this USDO. CONSTRIBUTING STRUCTURE For the purposes of this USDO, a building, structure, site, feature, or object within a locally designated historic district that contributes to the historic character of the district, was built during the district’s period of significance, and retains its appearance from that time. 219 CONSTRUCTION Building a new principal or accessory structure, an addition to an existing structure or building, or any ground disturbance associated with conducting or preparing for those activities, including installation of utilities and/or construction of parking facilities. CONTEXTUAL Relating to buildings and development in the nearby or surrounding area or block face. Several development standards in this USDO vary to allow new development, buildings and additions and modifications to buildings to be similar to the height, size, width, setback, and location of development and buildings in the nearby or surrounding area. CONTRACTOR SHOP AND YARD A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor. This definition includes architects', engineers', and surveyors' construction offices and shops, real estate sign placement service, and showroom and shops for the display and sale of electrical, plumbing, heating, air conditioning, sheet metal and other material in connection with contracting services. See also “HEAVY COMMERCIAL SERVICES.” CONTROLLED SUBSTANCE DISPENSARY A business that is registered to operate in the State of New York that sells or otherwise distributed drugs, goods, or materials that are listed as controlled substances under the Federal Controlled Substances Act or the New York State Public Health Law to persons, and under conditions, authorized by the State of New York. This use includes a marijuana dispensary and a methadone dispensary. CONVERSION A change of a building or property’s use to another use or a change in the building to accommodate a change in use. CORNER LOT A platted lot with frontage on two public or approved private street rights-of-way that intersect at a corner point of that lot. CORNICES A horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roofline, including eaves and other roof overhang. CORPORATION COUNSEL The Legal Department of the City of Albany. CREMATORIUM A facility or portion of a building in which the remains of deceased human beings or animals are processed by cremation CUL-DE-SAC 220 A local street which is a single continuous stretch of road one end of which is closed and terminated by a circular turn around. CULTURAL FACILITY An establishment used for the purposes of preserving, exhibiting, demonstrating or interpreting art, history, culture or nature or scientific objects or ideas. Cultural facilities shall be interpreted to include, but not be limited to, museums, libraries, zoos, art galleries, aquariums, planetariums, botanical gardens and nature centers. CULTURAL RESOURCES INVESTIGATION That study defined by the Standards for Cultural Resource Investigations and Curation of Archaeological Collections in New York State promulgated by the New York State Archaeological Council. CUSTOMARY ACCESSORY USE AND RELATED STRUCTURES A use of land or use of a structure, together with that structure, that is incidental and subordinate to a principal use of land or an approved conditional use of land on the same lot, and that is customarily or frequently found in connection with that principal or accessory use, as determined by the Chief Planning Official, that is not listed separately in Table 375.302.1 (Permitted Use Table). DAY-CARE CENTER A facility providing supervised care, preschool, and/or activities other than in an occupied dwelling to three or more individuals for more than three hours a day. Any facility providing day care for three or more children must be licensed by the New York State Office of Children and Family Services. DAY-CARE HOME A program providing day care to no more than the maximum number of individuals allowed under the New York State Social Services Law in an occupied dwelling. The day-care provider is not required to reside in the house, as long as someone occupies it as a dwelling. Any day-care program to which this definition does not apply in every respect shall be considered a day-care center. Any facility providing day care for three or more children must be licensed by or registered with the New York State Office of Children and Family Services. DELIVERY SERVICE Any business supplying delivery service via company or employee vehicles. DEMOLITION Any intentional defacement, destruction, and/or other action that would cause partial or total destruction of the physical elements of a structure. DESIGN CAPACITY OR OCCUPANCY The maximum number of people that the Fire Code will allow to occupy a structure. DEVELOPABLE LOT A lot or parcel of land that has the required minimum area, width and depth as established by the zoning 221 district in which it is located. DEVELOPER Any person, entity, or governmental agency, undertaking development. DEVELOPMENT The construction, redevelopment, structural alteration, relocation, or enlargement of any structure, any mining, excavation, landfill or land disturbance, or any alteration or extension of the use of land. DEVELOPMENT PLAN A graphic representation which depicts the nature and character of the development proposed for a specific land area. Information such as topography, location and size of proposed structures, location of streets, trails, utilities, and storm drainage are generally included on a development plan. A development plan is referred to as a "site plan" in New York State General City Law. DIMENSIONAL STANDARD The lot area, lot width, setbacks, build-to lines, building standards, and impervious coverage standards applicable to a development, area, or zoning district. DISPATCH SERVICE A building or a portion of a building from which vehicles are dispatched to perform services, including, but not limited to, couriers, deliveries, security services, locksmiths, caterers, and taxis. DISTRICT A portion of the City of Albany within which certain regulations and requirements apply under the provisions of this chapter. DISTURBANCE Any activity that changes the physical condition of land forms, vegetation and hydrology, creates bare soil or otherwise may cause erosion or sedimentation. DORMITORY A publicly or privately owned and operated building devoted exclusively to living facilities and associated programming, in which each person residing in each unit shall be a duly registered student in any accredited school, college, or university, the spouse of such student, or a management employee, or an employee or trainee of a medical or technical institution. DRIVE-IN OR DRIVE-THROUGH FACILITY A use that, by design of facilities or procedures, encourages or permits customers to receive service or obtain products while remaining in their vehicles, and/or a portion of an establishment or service that allows a customer to receive a product or service without leaving their vehicle. DRIVEWAY A vehicular accessway providing ingress and egress to a use or development from a public street, 222 private street, or vehicular use area associated with another use. DWELLING, LIVE-WORK A residential dwelling unit that includes a dedicated work space that is accessible from the living area or from the outside, reserved for and regularly used by one or more residents of the dwelling unit, and in which the type or size of the work performed is larger or more extensive than that permitted as a home occupation. DWELLING STRUCTURE A detached or attached building designated for residential occupancy and containing one or more primary dwelling units. (1) DWELLING, SINGLE-UNIT DETACHED A detached building, designated for or occupied exclusively by one household and containing not more than one dwelling unit. (2) DWELLING, TWO-UNIT DETACHED A detached or semidetached building with not more than two dwelling units that are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway or cellar. Side-by-side or duplex dwellings are considered "two-unit dwellings" regardless of individual ownership of either half of its structure, provided that they are on the same zoned lot of record. (3) DWELLING, THREE-UNIT DETACHED A detached or semidetached building with not more than three dwelling units that are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway or cellar. (4) DWELLING, TOWNHOUSE A dwelling structure containing three or fewer dwelling units, constructed side-by-side with another dwelling structure, and either 1) connected by vertical walls that extend from grade level or below to the top of the structure, or 2) separated from a similar structure on an adjacent lot by no more than four feet between the two dwelling structure's sidewalls, each of which has entrances to its dwelling unit(s) from outside on the ground or first story, whether located on a single lot or on individual lots. (5) DWELLING, MULTI-UNIT A building containing three or more dwelling units located side to side, or above and below, and accessed by common hallways or walkways, that does not meet the definition of a "dwelling, townhouse." DWELLING UNIT One or more rooms, including a kitchen or kitchenette, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one household for living and sleeping purposes. EASEMENT The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose. 223 EAVES The projecting lower edges of a roof that overhangs the wall of a building. ELECTRIC VEHICLE CHARGING STATION A facility or area at which electric powered or hybrid powered motor vehicles can obtain electrical current to recharge batteries. ENCROACHMENT The extension or placement of any structure, or a component of such, into a required setback or right-of- way. ENLARGEMENT The expansion of a building, structure or use in volume, size, area, height, length, width, depth, capacity, ground coverage, or in number. EXCAVATION Any act by which earth, sand, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom. EXPLORATION Geologic or geophysical activities related to the search for natural gas or other subsurface hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling techniques, that include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas deposits. EXPRESSION LINE A horizontal line, expressed by a material change or by a continuous projection not less than two inches nor more than one foot deep. EXTENSION A wall or other structure which is connected to and extended from a building. EXTERIOR The architectural style, design, general arrangement and components of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said outer surfaces, including but not limited to the kind or texture of building materials and the type and style of windows, doors, lights, signs, sidewalks, landscaping and other such exterior fixtures. EXTERIOR FURNACE DEVICE Any contrivance, apparatus or part thereof, including a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust conduit and like devices used for the burning of combustible fuels for the creation of heat or energy from an exterior location into an interior location. EXTERIOR WALL Any wall that defines the exterior boundaries of a building or structure. 224 FAÇADE The exterior wall of a building not including stoops, porches, or other attached architectural features. FARMERS' MARKET An area, which may or may not be in a completely enclosed building, where, on designated days and times, groups of individual sellers, such as growers of horticultural and agricultural products, artisans of craft products, and food and beverage providers, offer these items for sale, directly to the public, from on-site booths. FENCE or WALL An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas of land. FENESTRATION The openings in a structure, including windows and doors, but not including loading berths and entries for parking. Fenestration includes frames, mullions, muntins, vents, and other elements integral to a window or door unit. FILLING Any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, and shall include the conditions resulting therefrom. FIXTURE The assembly that holds the lamp (bulb) in a lighting system. It includes elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts. FLOOR AREA, GROSS The sum of the gross horizontal areas of all floors of a building or structure expressed in square feet and measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or floor space intended and designed for the parking of vehicles, It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts. FREIGHT TRUCK TERMINAL An area or building where trucks load and unload cargo and freight that may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. The terminal facility may include storage areas for trucks and buildings or areas for the repair of trucks associated with the terminal. FRONTAGE The limiting front lot line on a street, or on a corner lot in which case frontage is along more than a single street. 225 FRONTAGE BUILD-OUT Frontage build-out is the percentage of the width of a lot along a street that is required to be occupied by its building's facade. Up to 50% of the width of the facade may be counted as meeting the frontage percentage requirement even though it may be set back up to 10 feet farther from the lot line than the wall plane. The location of the wall plane is not changed by facade extensions such as bay windows, awnings, porches, balconies, stoops, colonnades, or arcades, or by upper stories that are closer to or farther from the lot line. FRONTAGE ELEMENTS Building elements that are located in the area between the primary facade and the lot line. Frontage elements create the transition between the public building and the private or commercial buildings. Frontage elements establish the physical and functional relationship between the street and the private lot. FUNERAL HOME A building or portion of a building devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. GALLERY A frontage element typically used in retail applications where the façade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk, with no enclosed habitable space above. GARAGE SALE A garage, porch, lawn or estate sale herein is defined as the sale(s) of new and/or used goods open to the public either by announcement, invitation or roadside advertisement. See also “TEMPORARY / SEASONAL SALES.” GENERAL CITY LAW The General City Law of the State of New York. GLARE A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in visual performance and/or visibility. GRADE, FINISHED [Image] Natural surface of the ground, or surface of the ground after completion of any change in contour, abutting building or premises. GRADING Altering surfaces to specified elevations, dimensions, and/or slopes; includes stripping, cutting, filling, stockpiling and shaping or any combination thereof. An excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill. GREEN 226 An open space consisting of lawn and informally arranged trees and shrubs, typically furnished with paths, benches, and open shelters. Greens are spatially defined by abutting streets. GREEN ROOF A vegetated roof design that is explicitly designed to absorb rainfall or snowmelt, typically to manage stormwater, mitigate the heat island effect, provide habitat for urban wildlife, or offer leisure and recreational space for building occupants. GROUND-MOUNTED Directly installed in the ground and not attached or affixed to an existing structure. GROUP LIVING, OTHER A place of residence in which a group of persons who do not meet the definition of a household live together in rooms or areas that do not constitute individual dwelling units, and that does not meet the definition of a hotel, rooming house, dormitory, or community residential facility. This use includes but is not limited to fraternity and sorority houses, homeless shelters, domestic violence shelters, and halfway houses. HABITABLE SPACE Building space whose use involves human presence. Habitable space excludes parking garages and display windows separated from retail activity. HAZARDOUS WASTE Any substance so defined and in quantities so proscribed by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.) or Article 27 of the Environmental Conservation Law or any rule or regulation promulgated under any of those laws. This term also includes any nuclear or radioactive waste as defined by either federal or state law, rule or regulation. HEADER The horizontal member (or assembly of members) visibly spanning the top of an opening (often referred to as a "lintel"). HEAVY COMMERCIAL SERVICES An establishment that provides semi-industrial, more intrusive types of commercial services, larger in scale or with more intensive impacts than common household commercial services, including but not limited to laundry services, lumberyards, sign painting shops, tree and landscaping services, and contractor shop and yard. HEAVY EQUIPMENT Large vehicles used in construction, farming or for industrial purposes, e.g., tractors, bulldozers, cherry pickers, steamrollers, farm equipment, etc. HEAVY MANUFACTURING The assembly, fabrication, or processing of goods and materials using processes that ordinarily have 227 greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of other properties in terms of noise, smoke, fumes, odors, glare, or health or safety hazards. Examples include, but are not limited to: scrap metal processing facilities, battery, chemicals, machinery, plastics manufacture, and mining not otherwise prohibited in the City. Prohibited uses include but are not limited to, the reprocessing of used petroleum products for transshipment, natural gas exploration, and the storage, disposal, or treatment of natural gas exploration and production wastes. See also § 375-301(5) (Prohibited uses). HEAVY VEHICLE EQUIPMENT SALES, RENTAL, AND SERVICING Sales of any motor vehicles with a gross vehicle weight rating exceeding 14,000 pounds, and sales of mechanical or electrical equipment stored or displayed outside, and/or the general repair, rebuilding, or reconditioning of engines, motor vehicles, power equipment, or trailers, such as collision services, body repair and frame straightening, painting and upholstering, vehicle steam cleaning and undercoating. HEIGHT, BUILDING The vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface if a flat roof, to the deck line for mansard roofs, and to the mean height level between eaves and ridge for gabled, hip, and gambrel roofs. HEIGHT, SIGN The height of a sign measured from the grade of the nearest abutting street at the point where that street is closest to the sign. HIGHER EDUCATION INSTITUTION An institution, other than a trade school, that provides full-time or part-time education beyond high school, including but not limited to colleges and universities. Accessory or related facilities can include but are not limited to sports fields, dormitories, eating facilities, health facilities for students and staff, offices for administration and campus activities, recordkeeping facilities, and storage and maintenance facilities for equipment, furniture, supplies, vehicles or equipment owned, leased, or providing services to the institution. HISTORIC DISTRICT An area with defined boundaries so designated by the Common Council that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically by past events or united aesthetically by plan or development. A historic district may also comprise individual elements, separated geographically, but linked by association or history. HISTORIC STRUCTURE Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to 228 qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior, or directly by the Secretary of the Interior in states without approved programs. HISTORIC STRUCTURE, CONTRIBUTING A contributing structure is one which is typically older than 50 years and adds to the historic or architectural value of the district. HOME OCCUPATION A business, profession, occupation or trade conducted by the occupant of a dwelling unit or accessory structure and that is incidental and secondary to the use of the dwelling unit. HOSPITAL An establishment that provides diagnosis and treatment, both surgical and nonsurgical, for patients who have any of a variety of medical conditions through an organized medical staff and permanent facilities that include inpatient beds, medical services, and continuous licensed professional nursing services. This definition includes any facility licensed by the state as a general, limited, or special hospital. Accessory uses can include helipads licensed by the State of New York. HOSTEL A place of transient lodging for travelers that provides dormitory-style sleeping accommodations and common communal areas, including a kitchen for use by guests. HOTEL A building or adjacent buildings designed for occupancy as a temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite, including hostels. This use includes related services and ancillary facilities such as restaurants, conference rooms, and the sale of convenience goods. HOUSEHOLD (1) Shall mean: (a) One, two, or three persons occupying a dwelling unit (related or unrelated); or (b) Four or more related persons occupying a dwelling unit as a household or the functional equivalent. (c) Four or more persons occupying a dwelling unit whose right to live together is protected by the Federal Fair Housing Act, as amended and interpreted by the courts. 229 (2) It shall be presumptive evidence that four or more unrelated persons living in a single dwelling unit do not constitute the functional equivalent of a traditional "household." (3) In determining whether individuals are living together as the functional equivalent of a household, the Chief Planning Official, or their designee, shall consider factors reasonably related to whether or not the group is the functional equivalent of a household. IMPERVIOUS LOT COVERAGE [Image] The total area of any lot or parcel occupied by all of the following: (1) The footprint of the principal building (but excluding the surface area of any green roof); (2) The footprints of all accessory buildings, parking garages, carports, utility and storage sheds (but excluding the surface area of any green roof); (3) All areas or areas otherwise covered with materials impervious to water, including parking areas and driveways (but not including parking areas and driveways with pervious or semipervious paving materials); and (4) All areas occupied by aboveground swimming pools (but not in-ground pools). IMPERVIOUS SURFACE [Image] Any constructed hard surface that either prevents or impedes the entry of water into the soil. Examples include but are not limited to building roofs, sidewalks, driveways, and other paved surfaces. IMPROVEMENT A building, structure, pavement, parking facility, fence, gate, wall, sign, awning, work of art or object constructed or erected by humans or equipment operated by humans. INDOOR RECREATION OR ENTERTAINMENT A facility for indoor participation or observation of sports, games, fitness, arts, or culture activities that do not meet the definition for another use in this chapter. This use includes but is not limited to billiard parlors, game rooms, skating rinks, bowling alleys, gymnasiums not accessory to an education institution, racket clubs, sports arenas, and similar uses. Indoor recreation or entertainment can also refer to a building, room or area designed or used primarily for the presentation to the general public of live theater, dance performance, music, or cinema. This use does not include an indoor stadium or arena. INFILL New development that takes place on undeveloped lots within areas containing existing structures. INFILTRATION The process of percolating stormwater into the subsoil. INTERIOR LANDMARK A landmark noted for the portions of its interior that are open to the public. 230 INTERIOR LOT A lot other than a corner lot with frontage on only one street. INTERNAL RENOVATIONS The process of changing the interior of a building or structure, including but not limited to changes in tenant finish, relocation of non-load-bearing walls. Internal renovations may include the replacement of existing windows and doors that have an incidental impact on the external appearance of the building. LABORATORY OR RESEARCH FACILITY A facility where research and development is conducted in industries including, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication and information technology, electronics and instrumentation, and computer hardware and software. A research/laboratory facility does not involve the manufacture, fabrication, processing, or sale of products, with the exception of prototype development. LAND The earth, water, and air, above, below, or on the surface, and including any improvements or structures customarily regarded as land. LANDFILL Any site, location, tract of land, area, building or premises authorized by the City to be used for the disposal of refuse or demolition debris. Accessory uses include but are not limited to landfill gas recovery systems or facilities. LANDMARK All or any part of an object or structure or property designated as a landmark structure or site pursuant to this USDO. LANDSCAPING Any combination of vegetation, such as trees, shrubs, ground cover, thickets or grasses, that are planted, preserved, transplanted, maintained and groomed to develop, articulate and enhance the aesthetic quality of the area as well as provide erosion, drainage and wind control. LEED, LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN A green building certification program created by the United States Green Building Council that recognizes best-in-class building strategies and practices. LIGHT MANUFACTURING The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards discernible outside of the building or lot where such assembly, fabrication, or processing takes place, and that do not require frequent rail or truck traffic to deliver goods or remove materials or waste, and where such processes are housed entirely within a building. This shall not include a blood plasma center. LIGHT VEHICLE SALES or RENTAL 231 The sale, display, lease, rental, or storage of motor vehicles with a gross vehicle weight rating of less than 14,000 pounds, including automobiles, vans, light trucks, light trailers, boats, and recreational vehicles. LIGHT VEHICLE SERVICING Minor vehicle repair and maintenance activities, such as engine tune-ups, oil change and lubrication, brake and muffler repair, tire rotation, glass replacement, and other limited repairs customarily done in service stations, but not including vehicle bodywork or painting, or major engine or transmission repairs. This use shall not include salvage operations, scrap operations, vehicle impound yards, or commercial parking lots available for short-term use. LINER BUILDING A building specifically designed to mask a parking lot or a parking garage from a street or open space. LITTLE LIBRARY or LITTLE PANTRY An enclosed structure containing no more than six cubic feet of space and designed to contain books or food items, with an opening front surface to allow individuals to place books and food items into the structure or to remove them from the structure, located so that the bottom surface of the enclosed structure is between two and three feet above grade. LODGE A structure used for meetings and activities by social, service or community organization. Examples are Elks, VFW, Kiwanis, Junior League, Masonic Lodge, Rotary and University Club. LOT OR PARCEL A designated parcel or lot of record established by a plat or as otherwise permitted by law, to be used or developed. LOT AREA The amount of horizontal land area contained inside the lot lines of a lot or site. LOT DEPTH The average horizontal distance between the front and rear lot lines, or on a corner lot, the average horizontal distance between the primary street facing frontage and the side lot line opposite that frontage LOT LINE A line bounding a lot that divides one lot from another lot or from a street or any other public or private space. (1) LOT LINE, FRONT That boundary of a lot measured along the edge of the right-of-way of a dedicated street, private street or road easement that abuts that line. In the case of a corner lot, all lines that meet this description are front lot lines. (2) LOT LINE, REAR 232 That boundary of a lot that is most parallel to the front lot line and does not intersect the front lot line. In the case of a triangular lot, the rear lot line is a line 20 feet in length within the lot parallel to and at the maximum distance from the front lot line. (3) LOT LINE, SIDE That boundary of a lot that is neither a front nor rear lot line. LOT OF RECORD A lot whose existence, location, and dimensions have been legally recorded in a deed or on a plat in the office of the Albany County Recorder of Deeds. LOT WIDTH The average horizontal distance between side lot lines, or on a corner lot, the average horizontal distance between the secondary street facing frontage and the side lot line opposite that frontage. MANUFACTURED HOME A transportable, factory-built structure that is designed to be used as a single dwelling unit, that was manufactured after 1976 or otherwise complies with the construction standards in the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401). MARIJUANA DISPENSARY A business that is registered or licensed in the State of New York that sells or otherwise distributes marijuana. MARIJUANA MANUFACTURING FACILITY Includes, but is not limited to, cultivation, harvesting, extraction or other processing, packaging, and labeling of marijuana products. MARINA A small boat harbor or boat basin providing dockage, supplies and services for small pleasure craft. MAXIMUM EXTENT PRACTICABLE No feasible or practical alternative exists, as determined by the Chief Planning Official, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by the applicant. Economic considerations may be taken into account but shall not be the overriding factor determining maximum extent practicable. MEDICAL CLINIC A facility for physicians, dentists, chiropractors, physical therapists, or other licensed healthcare practitioners to examine and treat persons on an outpatient basis. METHADONE DISPENSARY A business that is registered to operate in the State of New York that sells or otherwise distributed methadone as part of a methadone maintenance treatment program to persons and under conditions that 233 comply with state law. MINING Removal or extraction of mineral, sand, gravel, or aggregate resources from the ground for off-site use, including but not limited to those activities regulated by Chapter 211, Article III (Mining Operations) of the City Code. Examples include quarrying or dredging for sand, gravel or other aggregate materials; and mineral extraction. MINOR RESIDENTIAL STRUCTURE An accessory structure commonly associated with a residential use and not listed separately in Table 375.401.4 (Exceptions and Encroachments). MIXED-USE The incorporation of more than one principal land use type within a single structure (i.e., a building with retail uses on the ground story, and offices or residential on the upper stories), or a similar set of uses organized in close proximity and planned as a unified complimentary whole on a single site (horizontal mixed use). MOBILE HOME A transportable, factory-built structure that is designed to be used as a single dwelling unit that was manufactured before 1976 or otherwise does not comply with the construction standards in the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401). This definition does not include a recreational vehicle or travel trailer or other similar vehicles. Mobile homes are considered nonconforming and are therefore prohibited within the limits of the City of Albany. MOBILE VENDOR A self-contained mobile unit, independent with respect to water, sewer, and power utilities, capable of moving or being moved, consisting of an enclosed truck, enclosed trailer or similar mounted unit that contains equipment used for the preparation and/or sale of food products or other products and is closed up when not in operation. This use applies to mobile units when located on private property, and does not apply to vendors parked on public streets, which are subject to police regulations. MODULAR HOME Multiple sectional housing manufactured after June 15, 1976, to standards established by the United States Department of Housing and Urban Development. A standardized factory-fabricated transportable building module not having a chassis or wheels of its own, designed and constructed in accordance with all applicable local building codes and intended to be placed on a permanent foundation, by itself or incorporated with similar units on the building site. The structure or building module is transportable in one or more sections on a temporary chassis or other conveyance device, and is designed to be used as a permanent building (dwelling, office, etc.) when installed on its required permanent foundation system. Utilities are installed and connected as in conventional housing. MUSEUM 234 A facility open to the public, with or without charge, for the collection and display of paintings, sculpture, textiles, antiquities, other works of art, or similar items. NATURAL AREA OR PRESERVE An area of land and/or water that has a predominantly undeveloped character. Natural areas may be pristine, or may have been affected by human activity such as vegetation removal, agriculture, grading or drainage if such areas retain significant natural characteristics, or have recovered to the extent that they contribute to the City's natural systems, including hydrology, vegetation, or wildlife habitat. The purpose of natural areas is to provide a scenic, aesthetic appearance and/or to protect natural processes, to provide passive recreational uses, and/or to maintain natural vegetation. NATURAL GAS Any gaseous substance, either combustible or noncombustible, that is produced in a natural state from the earth and that maintains a gaseous or rarified state at standard temperature or pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons. NATURAL GAS EXPLORATION AND PRODUCTION WASTES Any garbage, refuse, sludge, or other discarded materials, including solid, liquid, semisolid, or contained gaseous material, that results from the exploration, drilling or extraction of natural gas. NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. NONCONFORMING LOT A lot of record that was legally established prior to the effective date of this USDO, but that does not conform to the current minimum area and/or dimensions required in the zoning district in which it is located. NONCONFORMING STRUCTURE A structure that was legally established prior to the effective date of this USDO and under the laws and regulations in effect at the time the structure was established, but that does not conform to the current dimensional or frontage standards of the zoning district in which it is located. NONCONFORMING USE A use of a lot or a structure that was legally established prior to the effective date of this USDO, but that does not conform to the current zoning regulations of the district in which it is located. NONRESIDENTIAL USE Any use not listed within the land use category titled “Residential Uses” in Table 375.302.1 (Permitted Use Table). OFF-STREET PARKING 235 All off-street areas and spaces designed, used, required or intended to be used for parking, including driveways or accessways in and to such areas. OFFICE, GENERAL Establishments providing executive, management, administrative, professional services, consulting, banking, laboratory, recordkeeping, music or sound recording, or a headquarters of an enterprise or organization, but not including the on-premises sale of retail goods. This use does not include a blood plasma center, laboratory or research facility, professional office, marijuana dispensary, medical clinic or methadone dispensary. OPEN SPACE An area on a lot not covered by a principal or accessory building, parking or impervious surface. OPERATING HOURS The hours within which a product may be sold, offered for sale, or given away for on-premises consumption. No person shall be permitted to consume any product upon such premises later than 30 minutes after the end of operating hours. ORNAMENTAL TREE Any tree, shrub, or other plant grown primarily for decorative purposes and whose mature height can be expected to be between four feet and 12 feet, as specified by the American Standard of Nursery Stock. OUTDOOR RECREATION OR ENTERTAINMENT Facilities for outdoor sporting or recreational activities. This use includes but is not limited to amusement parks, commercial baseball or other athletic fields, race tracks, fairgrounds, commercial picnic grounds, commercial fishing lakes, marinas, boat launches, commercial stables, outdoor stage and concert facilities, gun clubs, skeet, trap, or target ranges, commercial golf courses, miniature golf courses, and commercial swimming pools. This does not include an outdoor stadium or arena. OUTDOOR STORAGE The keeping of any goods, material, merchandise or vehicles outside of an enclosed building, typically associated with nonresidential uses that may include loading docks, trash compactors, garbage/recycling collection areas, and or storage of trailers, equipment, containers, crates, pallets, merchandise, materials, forklifts, trash, recyclables, etc. OVERLAY DISTRICT A unique set of zoning regulations that are superimposed on one or more established zoning districts and shown on the Zoning Map, and subsequently imposed in addition to or in place of the regulations of the underlying district. The overlay district may be used to impose supplemental restrictions on uses in these districts, permit uses otherwise disallowed, or implement some form of site or architectural design program. Developments within an overlay district must conform to the requirements of the underlying district as modified by the overlay district and as set forth in the enacting ordinance. PARAPET 236 That portion of a wall that extends above the roofline. PARK OR PLAYGROUND A private or public open area for recreation, which may include accessory parking areas, shelters, picnic tables, restrooms, and other facilities for the use of park patrons. May also be a defined open space, typically interspersed within residential areas, which is designed and equipped for the recreation of children. Playgrounds may be freestanding or located within parks, greens, or school sites. PARKING LOT, SURFACE An area on the surface of the land for parking automobiles and light vehicles. PARKING STRUCTURE An area in an underground or aboveground structure, or an area incorporated into the structural design of a building, for parking automobiles and light trucks in return for direct or indirect compensation. PARTY For purposes of administration of this USDO, the applicant, City, and any affected person who has requested to be heard at a hearing on an application. PASSIVE SOLAR SYSTEM A solar energy system that relies upon original or retrofitted design features and building materials of a structure to enhance the use of natural forces to provide heating and cooling within a building. PAVED Surfaced with a hard, smooth surface, usually consisting of portland cement or asphalt underlain by a subgrade of crushed rock. PAWN SHOP The premises at which personal property or other valuables are purchased on condition of selling the same back again at a stipulated price, and/or the premises at which a pawnbroker loans money on deposit, or pledge of personal property, or other valuable thing, other than securities or printed evidence of indebtedness. PEAK DISCHARGE RATE The maximum instantaneous rate of flow during a storm, usually in reference to a specific design storm event. PERSON Any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest, or any other legal entity. PERSONAL OR BUSINESS SERVICE Any business that primarily performs a support service for an individual or business, including but not limited to a tanning salon, tattoo parlor, shoe repair shop, dry-cleaning establishment, laundromat, photocopying (either self-service or full-service), design, printing and binding of documents, 237 presentations, desktop publishing, packaging, and/or mailing, makerspace, collaborative work space, and sign shop. This use does not include a beauty salon or spa, barber shop, or controlled substance dispensary. Accessory sales of goods may occupy no more than 25% of the gross floor area of the establishment. PHOTOVOLTAIC (PV) SYSTEM A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells, that generate electricity whenever light strikes them. PLANT NURSERY An establishment, including a building, part of a building, or open space, for the growth, display and/or sale of plants, trees, and other materials used in outdoor planting for retail sales and incidental wholesale trade. PLAT A map or delineated representation of a subdivision of land, including other information required by this USDO. PLAY EQUIPMENT Accessory structures and uses, used for recreation and play, including jungle gyms, playhouses, play sets/structures/equipment, skateboard halfpipes, swing sets, trampolines, tree houses, sandboxes, and other similar uses. PLAZA A formal open space available for civic and commercial uses and spatially defined by building frontages. Landscaping in a plaza consists primarily of hardscape; trees and shrubs are optional. POLICE OR FIRE STATION Facilities for the provision of municipal rapid response emergency services, such as firefighting and policing, including areas for the storage and maintenance of emergency vehicles and equipment and housing and feeding of emergency personnel. PORCH An unconditioned exterior structure attached to the exterior wall of a building, and having a roof, floor, and foundation or piers. Porches may feature elements, including but not limited to, ballusters and railings, columns, and corbels. The enclosure of unenclosed porches is not permitted within the City. PORTABLE STORAGE CONTAINER A semitrailer, truck box, or other similar container placed on a property for use as accessory storage. Dumpsters or roll-off containers used for the temporary storage of solid waste shall not be included under this definition. PREMISES A lot, plot or parcel of land, including any structure on the lot, plot, or parcel of land. 238 PRIMARY FACADE The front plane of a building not including stoops, porches, or other attached architectural features. PRIMARY PEDESTRIAN ENTRANCE The entrance to a structure that is located along the primary street. PRINCIPAL BUILDING A building in which the principal use of the lot is conducted, or if there are multiple buildings in which such use is conducted, then as determined by the Chief Planning Official. In zoning districts where more than one principal use is permitted on a lot, there may be more than one principal building on the lot. PRINCIPAL USE The primary or predominant uses to which the lot or building is or may be devoted. PROFESSIONAL ARCHAEOLOGIST An individual possessing an appropriate level of educational achievement, expertise, and experience so as to be knowledgeable concerning relevant aspects of the archaeology, history, and culture of this City and who meets the professional qualifications standards set forth in the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation. PROFESSIONAL OFFICE Any establishment providing a limited amount of services by licensed professionals, including, but not limited to, doctors, dentists, optometrists, podiatrists, chiropractors, attorneys, accountants, architects, physical therapists, or graphic designers predominantly by appointment only. PROJECT Any construction or development activity upon real property. PROPERTY OWNER Any person having a legal or equitable interest in real property. PUBLIC ENTITY The United States government, including any department, agency, or bureau thereof; the State of New York and any political subdivision thereof; or any county, school district, special district, or quasi- municipal corporation, including the City of Albany. PUBLIC RIGHT-OF-WAY Any parcel of land appropriated for the free passage of the general public. PUBLIC UTILITY Any person, firm, or corporation, municipal department, board or commission duly authorized to provide public utilities under federal, state, or municipal regulations, including but not limited to gas, steam, electricity, sewage disposal, communication, and water. PUBLIC UTILITY OR SERVICES, MAJOR 239 Buildings and facilities for the provision and distribution of public utilities, including without limitation water, sewer, storm drainage, electric, and gas services, by a regulated utility or a public or quasi-public entity, of a size and scale found only in scattered sites throughout the city. This use includes but is not limited to electric transmission lines over 100 kilovolts, electric power substations, gas substations, regional stormwater drainage facilities, water treatment plants, sewer treatment plants, and public utility service centers. PUBLIC UTILITY OR SERVICES, MINOR The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such entities or for the public health or safety or general welfare, but not including buildings. QUALIFIED CONSULTANT A professional who is accredited by or registered with a professional group operating within the scope of their license that is acceptable to the City. QUORUM The minimum number of board members that must be present at a meeting for the board to conduct official business or take official actions. RAINWATER HARVESTING BARREL A barrel designed for the on-site harvest and storage of rainwater used to offset the potable water needs for a building and/or site. RECHARGE The replenishment of underground water reserves. RECREATION (1) ACTIVE RECREATION SPACE A common area designated for leisure activities that are usually formal in nature and intended for group participation, including, but not limited to, swimming pools, playgrounds, tennis, volleyball, and basketball courts, and baseball, soccer, or other playing fields. (2) PASSIVE RECREATION SPACE An area set aside for the use by the residents and/or the public that accommodates activities such as walking, jogging, biking, sitting, picnicking, and any activity that does not require improved structures or formal recreation fields. RECREATIONAL VEHICLE A transportable structure or self-propelled vehicle with or without flexible removable or collapsible walls and partitions, designed to be used as a temporary dwelling for travel, recreation or vacation uses. 240 The term "recreational vehicle" shall include motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that extend one foot or less above the cab of the truck. RECYCLING DROP-OFF CENTER An building or area of land that serves as a drop-off point for temporary storage for recoverable resources, such as newspapers, glassware, plastics, and metal cans, for onward shipment to a recycling processor or distributor, but at which no processing of such items occurs. REDEVELOPMENT A change to previously existing, improved property, including but not limited to the demolition or building of structures, filling, grading, paving or excavating, but excluding internal renovations ordinary maintenance activities. REGULATING PLAN A plan for form-based zoning districts that illustrates the overall vision for the district and describes the required form developments must follow in these areas. Each regulating plan is a part of the Zoning Ordinance. REHABILITATION The act or process of making possible a compatible use for a property through repair, alterations and additions, while preserving those portions or features which convey its historic, cultural or architectural values. RELIGIOUS INSTITUTION A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Examples include churches, mosques, synagogues, temples, or other places of worship. Accessory uses may include but are not limited to school facilities, parking, caretaker's housing, pastor's housing, group living facilities, such as convents, or a columbarium. RESIDENTIAL USE Any use listed within the land use category titled “Residential Uses” in Table 375.302.1 (Permitted Use Table). RESTAURANT Any establishment that prepares and serves meals for consumption on premises or to take away, and where any sale of alcohol permitted by the State of New York is secondary to the sale of food. This use includes a banquet facility. RETAIL For all other purposes, a use that meets the definition of convenience retail, general retail, specialty retail, supermarket, but not including a marijuana dispensary or methadone dispensary. 241 (1) RETAIL, GENERAL Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including auction houses, that do not meet the definition of any other retail use, a restaurant use, or any other use listed in Table 375.302.1 (Permitted Use Table). (2) RETAIL, CONVENIENCE A retail store selling a limited selection of groceries, beverages, snacks, lottery tickets, newspapers, magazines, tobacco products, household products and personal items to be consumed primarily off the premises. This use is designed to attract customers who purchase a relatively few items and depends upon a large volume of stop-and-go traffic. (3) RETAIL, SPECIALTY A retailer concentrating on selling a limited or select merchandise line of goods and having a narrow but extensive selection in their specialty. Examples are bicycle shops, music stores, florists, photo supply stores and antique shops. (4) RETAIL, SUPERMARKET A retail or wholesale store selling foodstuffs and daily essential items, which may include but not be limited to canned goods, meats, dairy products, vegetables, condiments and paper goods, and in which at least 5% of the gross revenues of the establishment come from sales of fresh vegetables, fruit, and produce. REZONING See "amendment to Zoning Map." RHYTHM A regular pattern of shapes including, but not limited to, windows, doors, projections, and heights, within a building, structure or monument, or a group of the same. ROOMING HOUSE A building containing a single dwelling unit and rooms for the rooming and/or boarding of at least three persons by prearrangement for definite periods of not less than one week. This use also includes a building containing multiple single room dwelling units, with each unit for occupancy by no more than two individuals and with a maximum square footage of 450 square feet. SANITARY SEWER A sewer which carries sanitary sewage and to which storm, surface and ground waters are not intentionally admitted. SATELLITE DISH ANTENNA A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services. SCALE The size and proportion of a building relative to surrounding buildings and environs, adjacent streets, 242 and pedestrians SCHOOL An accredited public or private institution offering a course of education recognized by the State of New York as leading to a high school diploma or equivalent. Accessory uses may include student sports fields or facilities, playgrounds, gardens, and a dwelling unit for a caretaker. SCRAP METAL PROCESSING FACILITY An establishment engaged primarily in the purchase, processing and shipment of ferrous and/or nonferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills, foundries, smelters, refiners, and similar users. SCREENING Whenever this term is used, it shall refer to any landscaping, screening, buffering, fencing or other barrier as required by this USDO. SELF-STORAGE FACILITY An establishment that permits customers to store their own materials in private, commercially available warehousing space in individual lockable units accessible from outside driveways or from indoor hallways. SERVICE AREA Any building, land area, or other premises used for the retail dispensing or sales of vehicular fuels; minor towing, servicing, and repair of automobiles and light trucks; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories. Body and fender work, transmission work, engine overhaul work, or repair of heavy trucks or vehicles is excluded from this use. SETBACK The required minimum distance between the lot line and the closest projection of a building or structure along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except as otherwise specifically allowed in this USDO. (1) [Image] SETBACK, FRONT A setback that extends across the full width of a lot or site, the depth of which is the distance between the front lot line and the closest projection of a building or structure line at right angles to the front lot line, excluding allowable encroachments and projections set forth in this USDO. (2) SETBACK, REAR A setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the closest projection of a building or structure along a line at right angles to the rear lot line, excluding allowable encroachments and projections set forth in this USDO. (3) SETBACK, SIDE 243 A setback that extends from the rear line of the required front setback, or the front lot line of the site where no front setback is required, to the front line of the required rear setback, or the rear lot line of the site where no rear setback is required, the width of which is the distance between the side lot line and a line parallel thereto on the site. SHADE TREE Any tree, evergreen or deciduous, planted primarily for its high crown of foliage and whose mature height can be expected to exceed 20 feet, as specified by the American Standard of Nursery Stock. See Table 375.406.1. SHOPFRONT A room or set of rooms, making up a nonresidential tenant space, and collectively facing the street on the ground floor of a commercial or mixed-use building. SIDEWALK OR OUTDOOR CAFE An outside area adjacent to an establishment selling food and/or drink on which food and drinks are served to patrons of the establishment. SIGHT TRIANGLE An area at a street intersection in which nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision of traffic at an intersection. SIGN Any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any business or persons when the same is placed in view of the general public. (1) AWNING SIGN [Image] Any sign or graphic attached to, painted on or applied to an awning, awning canopy or fuel canopy. (2) FREESTANDING SIGN [Image] Any sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or any other structure. (3) MONUMENT SIGN [Image] Signage constructed on a monument base identifying the name of the business or retail center on the premises upon which the sign is placed. A sign face manufactured and constructed clearly to be a portable sign shall not be used in any form to be made into a permanent sign. (4) POLE SIGN [Image] Any freestanding sign in which the sign face is supported by a single post, pole or support, and the area between the sign face and the ground is not opaque or enclosed, so that the sign face support structure is visible. (4) OFF-PREMISES SIGN 244 A sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located. (5) POST-AND-PANEL SIGN [Image] Any freestanding sign in which the sign face is supported by two poles, posts, or supports, generally located at or near either end of the sign face, and between which poles, posts, or supports the sign face is visible. (6) PROJECTING SIGN [Image] Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall. (7) WALL SIGN [Image] A sign attached to the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of said wall, not extending beyond the ends or over the top of the wall to which the sign is attached, nor more than nine inches from the face of the building or structure to which the sign is attached. SILL The horizontal member (or assembly of members) at the base of a window or door opening. SITE Any lot or lots of record, or contiguous combination thereof, under the same ownership. SITE PLAN See "development plan." SOLAR COLLECTOR A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, that relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat. SOLAR ENERGY EQUIPMENT Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic, and passive solar. SOLAR FARM A site at which photovoltaic cells and generators are used to generate and produce electric power for distribution to consumers, typically managed by a single entity. SOLAR THERMAL SYSTEMS A solar energy system that generates energy by collecting and focusing solar energy onto a small area to heat a fluid to a high temperature, which in turn drives an electric generator. 245 SPIRE A tall, pyramidal, polygonal, or conical structure rising from a tower, turret, or roof (usually of an institutional use) and terminating in a point. SQUARE A formal open space available for recreational and civic uses and spatially defined by abutting streets and building frontages. Landscaping in a square consists of lawn, trees, and shrubs planted in formal patterns and it is typically furnished with paths, benches, and open shelters. STADIUM OR ARENA An open or enclosed area where sporting events or contests are held and provides seating for more than 300 spectators. Stadium uses also include auditoriums and band shells. STAFF Employees of the City of Albany. START OF CONSTRUCTION The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STATE The State of New York. STOOP A frontage element wherein the building facade is aligned close to the lot line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. STOP-WORK ORDER An order issued by a Building Inspector or other authorized City staff that directs the person responsible for an activity in violation of this USDO or the adopted Building Code to cease and desist such activity. STORAGE AND WHOLESALE DISTRIBUTION An establishment engaged in the sale of commodities in quantity to retailers, other businesses, industries or institutions, and/or an establishment for the storage of products, supplies, and equipment offered for 246 wholesale distribution (not for direct sale to the general public). This use does not include a self-storage facility. STORAGE SHED An accessory structure used for storage of personal items. STORM SEWER A sewer which carries storm- and surface waters and drainage, but excludes sewage and industrial wastes other than cooling waters and other unpolluted waters. STORMWATER Rainwater, surface runoff, snowmelt and drainage. STORMWATER MANAGEMENT The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT FACILITY One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. STORMWATER RUNOFF Flow on the surface of the ground resulting from precipitation. STORY [Image] That portion of a building included between the surface of any floor and the surface of the floor next above it; if there is no floor above it, then the space between the floor and the ceiling or roof structure next above it. (1) STORY, HALF That floor area under a sloped roof where no more than 70% of the floor area meets the minimum ceiling height requirements under the applicable building code. (2) STORY, GROUND or FIRST The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average grade at the exterior front walls of the building. (3) STORY, BASEMENT [Image] A floor area of a building where the finished grade of the floor is not more than four feet below the average grade along the front of the building. It shall be considered a story whether occupied or not. (3) STORY, NONCOMMERCIAL A horizontal internal surface of a building that is at least 50% as large as the footprint of the building on the lot at ground level, and that is only occupied by a group living use or a household living use, and/or by a permitted home occupation. 247 STREET A right-of-way, typically publicly-owned, serving primarily as a means of vehicular and pedestrian travel, providing access to abutting properties, and which may also be used to provide space for bicycle facilities, stormwater management facilities, shade trees, and utilities. (1) PRIMARY STREET The public right-of-way that serves as primary pedestrian access to a property. (2) SECONDARY STREET The public right-of-way that serves as the secondary pedestrian access to a property when coupled with a primary street or the primary access when coupled with a tertiary street. (3) TERTIARY STREET The public right-of-way that serves as the lower priority access to a property when coupled with a secondary or primary street or the primary access when coupled with a street of lower value in the street hierarchy; the third in line of street hierarchy. (4) ARTERIAL STREET A street designed to be used by large volumes of through traffic, receive traffic flow from collector and local streets, allow for major movement between areas of the City, and usually have heavy traffic moving at relatively high speeds. (5) COLLECTOR STREET A street that carries traffic from local streets to the arterial network, consists of principal entrance streets for residential, nonresidential and mixed-use developments, and provides for major circulation within the developments. These streets can be broken down into major and minor with major collectors typically being longer in length, having lower connecting driveway densities, having higher speed limits, spaced at greater intervals, having higher annual average traffic volumes, and may have more travel lanes than minor collectors. (6) LOCAL STREET A street designed primarily for access directly to individual lots or developments. These streets are not intended for use in long distance travel as they are often designed to discourage through traffic. (7) PRIVATE STREET An interior circulation road designed and constructed to carry traffic from public streets within or adjoining a site to parking and service areas; it is not maintained nor intended to be maintained by the public. (8) PUBLIC STREET A right-of-way that has been set aside for public travel, built to public street standards, and eligible for maintenance by either the City of Albany or the State of New York. STREET FURNITURE Fittings and fixtures installed in streets, such as lamp posts, fire hydrants, street signs, and similar 248 municipal structures, at or above grade level. Including benches, litter and recycling receptacles, bike racks, newsracks, water fountains, pedestrian scaled lighting and planters. STREET TREE A tree planted within a public right-of-way. STREETSCAPE The elements which lie within and adjacent to a public right-of-way that relate to the physical appearance of a street/road and the adjoining area which, as a group, define its character. They include, but are not limited to building facades, street/road furniture, landscaping, pedestrian walkways, off- street and on-street parking provisions, placement and design of awnings and marquees, signs and lighting. STREETSCAPE ZONES (1) FRONTAGE ZONEThe area between the building front or private lot line and the pedestrian zone, intended to buffer pedestrians from doorways and appurtenances. (2) PEDESTRIAN ZONEThe area primarily used for pedestrian travel along a sidewalk. (3) BUFFER ZONEThe area between the pedestrian zone and the curb zone, typically used for utilities, landscaping, public signage, transit stops, public street furniture, and other public streetscape amenities. (4) CURB ZONEThe area located immediately adjacent to the roadway, which serves as a safety feature to prevent vehicles from driving onto the sidewalk and sometimes as a part of the storm drainage system. STRUCTURAL ALTERATION Any alteration involving a change in or addition to the supporting members of a building, structure, or sign such as bearing walls, columns, beams, girders or poles. STRUCTURE Anything constructed or erected which requires permanent or temporary location on the ground or attachment to something permanently attached to the ground. This term shall include, but not be limited to, buildings, walls, fences, sheds, awnings, signs, billboards, lighting fixtures, screen enclosures, works of art, electronic transmission or reception devices or other electronic devices and mechanical devices related to a building function. STYLE A type of architecture distinguished by special characteristics of structure or ornament and often related in time; also, a general quality of distinctive character. SUBDIVISION The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways, and includes re-subdivision and the combination of existing parcels. SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the 249 improvement. The term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or (2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. SUBSTANTIAL IMPROVEMENT, CUMULATIVE Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50% of the market value of the structure at the time of the improvement or repair when counted cumulatively for 10 years. SWIMMING POOL Any confined body of water designed, used, or intended to be used for swimming or bathing purposes, the bottom and sides of which are constructed using man-made materials. TELECOMMUNICATION ANTENNA OR SATELLITE DISH AS ACCESSORY USE A piece of equipment or a dish antenna used for receiving and/or transmitting telecommunications signals that is attached to or located inside a building as an accessory structure, as opposed to a freestanding antenna or tower structure mounted on the ground. TELECOMMUNICATIONS TOWER A freestanding structure erected on the ground to support wireless communication antennas and connecting appurtenances. Support structure types include, but are not limited to, stanchions, monopoles, lattice towers, wood poles or guyed towers. TEMPORARY CONSTRUCTION OFFICE OR YARD A facility or area used as a temporary field construction office, temporary outdoor storage of construction equipment and materials associated with an active permit to demolish or construct buildings, structures or infrastructure. TEMPORARY REAL ESTATE SALES/LEASINGOFFICE A facility or area used as a temporary office to sell or lease land or buildings or interests in land or buildings within a specified area. TEMPORARY / SEASONAL SALES The temporary sale of goods or products associated with the season or a cultural event, such as the sale of Christmas trees, pumpkins, or seasonal produce. Such sales typically take place in locations not devoted to such sales for the remainder of the year. TEMPORARY SIGN A sign that is designed to be used only temporarily and is not intended to be permanently attached to a 250 building, structure or permanently installed in the ground. TEN-YEAR STORM The peak discharge rate associated with a twenty-four-hour storm event that has a 100% chance of being equaled or exceeded in a given ten-year period. THEATER A building or space, or portion thereof, used for cultural education and experiences, motion pictures, live productions, or other entertainment, including, but not limited to, museums, art galleries, aquariums, amphitheaters, theaters, cultural entertainment facilities and performance halls. THROUGH LOT A lot other than a corner lot with frontage on more than one street. TOWER Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for commercial, amateur, or ham radio, telephone, television, and similar communications purposes, including self-supporting guyed towers, lattice towers, or monopole towers. The term includes alternative tower structures, cellular telephone towers, common-carrier towers, microwave towers, radio and television transmission towers, and ham radio towers, as well as any supports for them, and specifically includes "telecommunications tower" and "tower structure, other" as defined in this Article VI. TOWER STRUCTURE, OTHER All towers erected on the ground that do not meet the definition of "telecommunication towers," including but not limited to amateur/ham radio, broadcasting towers, radio towers, and television towers. TRADE SCHOOL A private or public institution that teaches students a trade or job skill rather than the broad curriculum offered by a college or university. Examples are welding, auto repair, barber/beauty, secretarial/office skills, construction, accounting, bookkeeping, web design, computer programming, and similar skills. TRAILER A vehicle without motor power, designed so that it can be drawn by a motor vehicle for the conveyance of cargo or property. This shall include but is not limited to utility trailers, cargo trailers, enclosed trailers, stock trailers, equipment trailers, car haulers and watercraft trailers devoid of watercraft. TRANSIT FACILITY A building, facility or area located outside of the public right-of-way and designed for and used by persons using or changing transportation modes or transit routes, or for the storage or parking of transit vehicles, generally for periods of no more than 24 hours. TRAVEL TRAILER Any coach, cabin, or other vehicle or structure, intended for or capable of human dwelling or sleeping 251 purposes, mounted upon wheels or supports, or supported and/or capable of being moved by its own power or transported by another vehicle. UNDEVELOPED LOT A lot that is not in use, is in temporary use, or lacks permanent improvement. UNDEVELOPED SITE CONDITION Where any site was previously altered from its undeveloped state as determined from available topographic or historical maps. Where no information is available concerning the site in its undeveloped state, all calculations will be based upon the assumption of uniform gently sloping grades (5%), moderately impervious soils and light forestation. USE The purpose for which a structure or premises, or part thereof, is occupied, designed or arranged. Each line in the Permitted Use Table in § 375-302 establishes a separate and distinct use. VACANT BUILDING A building, building portion, or property that is unoccupied and left unsecure. VARIANCE The Board of Zoning Appeals' (BZA) authorized departure from the terms of this USDO in direct regard to conditions peculiar to an individual lot in accordance with the procedures set forth thereto in this USDO. (1) AREA VARIANCEThe authorization by the BZA for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable regulations of this USDO. (2) USE VARIANCEThe authorization by the BZA for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable regulations of this USDO. (3) FLOODPLAIN VARIANCEA grant of relief from the requirements of § 375-206(3) (FP-O Floodplain Overlay) that permits construction or use in a manner that would otherwise be prohibited by § 375- 206(3). VEHICLE FUELING STATION A building or place of business where gasoline, electric vehicle charging stations, and alternative fuels, such as compressed natural gas, are supplied and dispensed directly to customers at retail. This use may include the sale of food and convenience items, and automotive accessories to customers, but shall not include any vehicle repairs listed under light vehicle sales, rental, and servicing. VEHICLE TOWING, WRECKING, OR JUNKYARD The dismantling or disassembly of used motor vehicles or trailers, or the storage, sales, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts. This use includes premises or lots used for the storage or handling of scrap or recyclable materials, as well as vehicle towing operations. 252 VETERINARIAN or KENNEL An establishment that provides medical treatment and care to animals, and that may include temporary or overnight boarding of animals that are recuperating from treatment, or an establishment in which five or more domesticated animals (dogs and cats), more than six months of age, are housed, groomed, bred, boarded, trained or sold. This use includes but is not limited to, animal hospitals, kennels, veterinary clinics, and animal shelters. VIOLATION An action that results in a property or use not being fully compliant with the provisions of this USDO, as described in § 375-507(4) (Violations and responsible parties). WALL PLANE [Image] The predominant vertical or near vertical wall surface located on the facade of a building. WASTE/RECYCLING PROCESSING FACILITY A site or facility where solid waste, recycled materials and compostable materials are collected and/or processed. "Processing" shall mean the preparation of materials for the efficient shipment by such means as baling, compacting, flattening, grinding, crushing, mechanical sorting, and cleaning. WETLAND An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." YARD An unoccupied area, open and unobstructed from the ground or any floor level to the sky, on the same lot as a building. (1) YARD, FRONTA yard located between the front lot line and the front of any structure (not including fences). (2) YARD, REARA yard located between the rear line of any building or structure (not including fences) and the rear lot line. (3) YARD, SIDEA yard between any structure (not including fences) and the side lot line. ZONING DISTRICT Parts of the City for which the regulations governing the use of and occupation of property are the same. ZONING MAP The Zoning Map or Maps of the City of Albany, New York, together with all amendments thereto subsequently adopted. Article VII 253 Application Fees § 375-701 Application fees. (1) The following fees for reviewing applications under this USDO shall apply from June 1, 2017, until a schedule of application fees appears in an Administrative Manual approved by the Chief Planning Official. (a) Grading and mining. (i) Grading permit fees. Before issuing any grading permit, the City Engineer shall collect a fee, the amount of which is based on the total amount of cut or fills, whichever is larger, as shown in the following table: Cubic Yards Fee 50 to 100 $35 101 to 1,000 $50 1,001 to 10,000 $50 for the initial 1,000 cubic yards, plus $15 for each additional 1,000 cubic yards or fraction thereof Over 10,000 $200, plus $35 for each additional 10,000 cubic yards or fraction thereof (ii) The City Engineer may, at his discretion, refer the applicant to an authorized representative of the City Engineer for plan checking and inspection. All fees for these services shall be borne by the applicant and will be substituted for the grading permit fees listed above. (b) Board of Zoning Appeals. (i) No application for a permit, certificate, appeal, amendment or other zoning purpose will be processed nor shall any action be taken unless the various charges for expenses or fees are paid in accordance with the schedule shown in the following table: Type of Application Fee Use variance $400 Per additional variance $100 Area variance One- to two-unit dwelling $50 All others $150 Per additional variance $25 Conditional use permit $250 Per additional permit $100 Interpretation $100 Administrative appeal $250 Amendment $200 Extension $100 Rescheduling $100 Zoning compliance letter $50 (c) Additional zoning related fees. Type of Application Fee Development plan review: residential Base fee $300 254 Type of Application Fee Per additional 1,000 square feet of new construction (parking $50 structures excluded) Per 1,000 square feet of renovated space $20 Per new parking space: 1 - 10 spaces $75 11 - 50 spaces $150 51 - 100 spaces $300 101 - 500 spaces $600 501 - 1,000 spaces $1,200 1,000+ spaces $2,400 Development plan review: nonresidential Base fee $200 Per residential unit or lot $50 Per new parking space $20 Development plan review amendment $200 Development plan extension $100 Rescheduling $100 Zoning change/amendment Base fee $500 Per acre of lot area $50 State environmental quality review (SEQR) Draft environmental impact review and notice $350 Final environmental impact review and notice $350 (2) For those new types of applications created by this USDO for which an application fee has not been established, the Chief Planning Official is authorized to charge a fee consistent with § 375-504(4)(c), Application fees, and New York State law. (3) Applications generated by the City of Albany and in connection with and furtherance of the governmental purpose and objective shall be exempt from such fees. Attachments: Attachment 1 - Table of Zoning Map Amendments 255