1. December 6, 2021 Agenda Documents: 21 AGENDA 1206.PDF 2. Active Calendar 2.I. Active Calendar Documents: ACTIVE CALENDAR DECEMBER 6 2021.PDF 3. Supporting Legislation 3.I. Support Legislation Documents: SUPPORT LEGISLATION DECEMBER 6 2021 AMENDED 12.3.2021.PDF 4. Minutes 5. Majority Consent (MC) 5.I. MC Resolution 95.121.21R A RESOLUTION OF THE COMMON COUNCIL URGING THE SUPREME COURT OF THE UNITED STATES TO UPHOLD WOMEN’S REPRODUCTIVE RIGHTS Documents: RESOLUTION 95.121.21R MC (FAHEY) URGING THE SCOTUS TO UPHOLD WOMENS REPR....PDF 5.I.i. MC 96.121.21R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY SUPPORTING THE REQUEST OF THE COMMUNITY POLICE REVIEW BOARD’S (CPRB) TO CONDUCT AN INDEPENDENT INVESTIGATION AND GRANTING ALL NECESSARY AUTHORITIES. Documents: RESOLUTION 96.121.21R MC (KIMBROUGH) SUPPORTING CPRB.PDF 6. Supporting Document 6.I. USDO Comprehensive Review SEQRA Recommendations Documents: APPENDIX B - USDO SEQRA REVIEW.PDF 6.I.i. USDO Documents For Ordinance 5.32.21AA 10.21.2021 Documents: APPENDIX B - USDO SEQRA REVIEW.PDF 6.I.i. USDO Documents For Ordinance 5.32.21AA 10.21.2021 Documents: ATTACHMENT A.PDF PROPOSED REVISED TABLE 375.302.1 PERMITTED USE TABLE FINAL (2021-10-24).PDF PROPOSED REVISED TABLE 375.502.1 SUMMARY OF DEVELOPMENT REVIEW PROCEDURES FINAL (2021-10-24).PDF ORDINANCE 5.32.21 AA 10212021 (PLANNING)- USDO COMPREHENSIVE AMENDMENTS.PDF 6.II. Ordinance 50.102.21 Decision Documents: ORDINANCE 50.102.21 DECISION.PDF 7. Public Comment AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Monday, December 6, 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 LOCAL LAWS INTRODUCED S OF 2021 A LOCAL LAW AMENDING THE CITY OF ALBANY CHARTER IN RELATION TO THE DEFINITION OF BUDGETED FUNDS T OF 2021 A LOCAL LAW AMENDING THE CITY OF ALBANY CHARTER IN RELATION TO THE COMPOSITION OF THE BOARD OF ESTIMATE AND APPORTIONMENT 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 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 12 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 13 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 14 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 15 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 16 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 17 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 18 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 19 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 20 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 21 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 22 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 23 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 24 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 25 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 26 Finance Ordinance 46.102.21 AN ORDINANCE AUTHORIZING CERTAIN PURCHASES BY THE CITY OF ALBANY, NEW YORK AT A MAXIMUM ESTIMATED COST OF $3,250,000.00 AND AUTHORIZING THE LEASE FINANCING OR THE ISSUANCE OF $3,250,000.00 SERIAL BONDS OF SAID CITY TO PAY THE COST THEREOF (LAW – SETTLEMENT PAYMENT) * Referred to Finances, Assessment, & Taxation Committee 27 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 28 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 29 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 30 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 Planning, Economic Development, and Land use RESOLUTIONS INTRODUCED 88.121.21R RESOLUTION OF THE COMMON COUNCIL APPOINTING ELIZABETH STAUBACH AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION 89.121.21R RESOLUTION OF THE COMMON COUNCIL APPOINTING JOSEPH BETTER AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION 90.121.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING THE LOCALLY-ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON-HOMESTEAD CLASSES FOR PROPERTY TAX PURPOSES PURSUANT TO ARTICLE 19 OF THE REAL PROPERTY TAX LAW 91.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID WATER AND SEWER CHARGES 92.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID CHARGES OF VARIOUS CITY DEPARTMENTS 93.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2022 BUSINESS IMPROVEMENT DISTRICT (BID CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON THE 2022 TAX BILLS 94.121.21R RESOLUTION OF THE COMMON COUNCIL RE-APPOINTING DANIELLE GILLESPIE, CASHAWNA BURT, AND JELANI MCGRIFF AS MARRIAGE OFFICERS RESOLUTIONS HELD 1. Anane Resolution Number 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 Number 85.112.21 A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO AN ADJUSTMENT IN SALARY FOR CERTAIN POSITIONS IN THE 2022 BUDGET. *Referred to Finance, Assessment & Taxation Committee* Albany Common Council Active Calendar Meeting of Monday, December 6, 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(a) 5.32.21 (As 8 Planning AN ORDINANCE Amended REPEALING AND 10/21/2021) 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 Ordinances Held 30.102.21 11 Anane 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 Ordinances Held(a) 50.102.21 30 Hoey AN ORDINANCE AMENDING CHAPTER 375 OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE 1 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) Resolutions Introduced(a) 88.121.21R Planning RESOLUTION OF THE COMMON COUNCIL APPOINTING ELIZABETH STAUBACH AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION Resolution Introduced(a) 89.121.21R Planning RESOLUTION OF THE COMMON COUNCIL APPOINTING JOSEPH BETTER AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION Resolution Introduced(a) 90.121.21R Finance RESOLUTION OF THE COMMON COUNCIL ESTABLISHING THE LOCALLY-ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON- HOMESTEAD CLASSES FOR PROPERTY TAX PURPOSES PURSUANT TO ARTICLE 19 OF THE REAL PROPERTY TAX LAW Resolution Introduced(a) 91.121.21R Finance RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID WATER AND SEWER CHARGES Resolution Introduced(a) 92.121.21R Finance RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID CHARGES OF VARIOUS CITY DEPARTMENTS 2 Resolution Introduced(a) 93.121.21R Finance RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2022 BUSINESS IMPROVEMENT DISTRICT (BID CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON THE 2022 TAX BILLS Resolution Introduced(a) 94.121.21R Kimbrough RESOLUTION OF THE COMMON COUNCIL RE- APPOINTING DANIELLE GILLESPIE, CASHAWNA BURT, AND JELANI MCGRIFF AS MARRIAGE OFFICERS (a) Pending Discussions at Caucus on Wednesday, December 1, 2021 @5:30pm VIA ZOOM (11/26/2021) 3 COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION DECEMBER 6, 2021 LOCAL LAWS S OF 2021 A LOCAL LAW AMENDING THE CITY OF ALBANY CHARTER IN RELATION TO THE DEFINITION OF BUDGETED FUNDS T OF 2021 A LOCAL LAW AMENDING THE CITY OF ALBANY CHARTER IN RELATION TO THE COMPOSITION OF THE BOARD OF ESTIMATE AND APPORTIONMENT RESOLUTIONS 88.121.21R RESOLUTION OF THE COMMON COUNCIL APPOINTING ELIZABETH STAUBACH AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION 89.121.21R RESOLUTION OF THE COMMON COUNCIL APPOINTING JOSEPH BETTER AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION 90.121.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING THE LOCALLY-ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON-HOMESTEAD CLASSES FOR PROPERTY TAX PURPOSES PURSUANT TO ARTICLE 19 OF THE REAL PROPERTY TAX LAW 91.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID WATER AND SEWER CHARGES 92.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID CHARGES OF VARIOUS CITY DEPARTMENTS 93.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2022 BUSINESS IMPROVEMENT DISTRICT (BID CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON THE 2022 TAX BILLS 94.121.21R RESOLUTION OF THE COMMON COUNCIL RE-APPOINTING DANIELLE GILLESPIE, CASHAWNA BURT, AND JELANI MCGRIFF AS MARRIAGE OFFICERS Council Member Conti introduced the following: LOCAL LAW S OF 2021 A LOCAL LAW AMENDING THE CITY OF ALBANY CHARTER IN RELATION TO THE DEFINITION OF BUDGETED FUNDS Be it enacted by the Common Council of the City of Albany as follows: Section 1. Subsection (D) of Section 604 of the Charter of the City of Albany is amended by adding a new paragraph (c) to read as follows: (c) For the purposes of this subsection, the term “budgeted funds” shall mean: funds included in the adopted budget pursuant to subsection (B) of this section; additional fund transfers to the general fund under this subsection; or any transfer of funds from an unappropriated fund balance. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. Revised 12/3/2021 omitting referendum in section 2. Supporting Memorandum Local Law S of 2021 Sponsor(s): Council Member Conti TITLE: A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY IN RELTION TO THE DEFINITION OF BUDGETED FUNDS PURPOSE: To define the term “budgeted funds” as it relates to the transfer of funds after the adoption of the annual operating budget subject to Common Council approval. SUMMARY: Defines “budgeted funds” to mean: funds included in the adopted budget; additional fund transfers to the general fund by E&A; or any transfer of funds from an unappropriated fund balance. JUSTIFICATION: When adopted in 1998 and further amended in 2008, the Albany City Charter enhanced the budget authority of the Common Council including authority to authorize certain “budgeted fund” transfers after adoption of the original budget. The Charter refers to the transfer of “budgeted funds” but does not define the term. Once the annual budget has been adopted by the Common Council, amendments and resultant fund transfers can be made by the Board of Estimate Apportionment. Logically, these fund transfers than become “budgeted funds” and should be subject to prior Common Council authorization where otherwise specified in the Charter. There has been some dispute as to what “budgeted funds” means, the purpose of this local law is to define “budgeted funds” so as to include transfers made through the E&A process. FISCAL IMPACT: None EFFECTIVE DATE: Upon final passage, public hearing, and filing with the Secretary of State. Council Member Conti introduced the following: Local Law T of 2021 A LOCAL LAW AMENDING THE CITY OF ALBANY CHARTER IN RELATION TO THE COMPOSITION OF THE BOARD OF ESTIMATE AND APPORTIONMENT Be it enacted by the Common Council of the City of Albany as follows: Section 1. Section 606 of the Charter of the City of Albany is amended by to read as follows: There shall continue to be a Board of Estimate and Apportionment which shall consist of the Mayor, Comptroller (Chief City Auditor commencing January 1, 2010), President of the Common Council, Treasurer and the [Corporation Counsel] President Pro Tempore of the Common Council or their designees. Except to the extent inconsistent with the Charter, the Board shall exercise the functions as presently set forth in the Code of the City of Albany or as subsequently created, modified or repealed by a duly enacted local law and the functions otherwise authorized by state law. Section 2. This local law shall take effect upon final passage, public hearing, and filing with the Secretary of State. Revised 12/3/2021 omitting referendum in section 2. Supporting Memorandum LOCAL LAW T OF 2021 SPONSOR(S): Council Member Conti TITLE: A LOCAL LAW AMENDING THE CITY OF ALBANY CHARTER IN RELATION TO THE COMPOSITION OF THE BOARD OF ESTIMATE AND APPORTIONMENT PURPOSE: To provide the Common Council with representation on the Board of Estimate and Apportionment. JUSTIFICATION: Under the current City Charter, the Mayor submits to the Common Council for review and approval a budget for the financing of city government. Once a budget is adopted, it may from time to time need to be revised. Some of these revisions may be routine administrative revisions, others may relate to policy that impact government programs and objectives. Under the charter, the City of Albany uses an archaic mechanism called the Board of Estimate and Apportionment to revise the budget after its adoption by the Common Council. This mechanism has its roots in the NYS Second Class Cities Law adopted in 1906. The current Board is comprised of the Mayor, City Auditor, Treasurer, Common Council President and Corporation Counsel. Four of these five positions are elected officials, the Corporation Counsel is a department head appointed by the Mayor. This Board has the authority to make budget adjustments without the involvement or review (except in limited instances) of the Common Council. A basic flaw in the current E&A process is that the Common Council, which is the policy making body that reviews, has the authority to revise, and approves the budget is not involved in any policy related revisions (except in limited instances) that are subsequently made after final adoption. This is a breakdown in the checks and balances central to government. While the Common Council President is a member of E&A, that position is of a separately elected city-wide official who presides over the Council but has no direct role in Council deliberations or legislative actions. Since the Council President is not selected by members of the Council, the Council President is not accountable to or bound to represent the Common Council and its legislative actions. In addition, under the NYS Second Class Cities Law, the Council President is not defined as a member of the Council. Under its current composition, the membership of the Common Council is the only elective entity not represented on E&A, and the Corporation Counsel as an appointed official is the only non- elected member of the body. In replacing the membership of the Corporation Counsel on E&A with the Council’s President Pro Tempore (or designee), a position filled by members of the Common Council, and which serves at the pleasure of the Common Council, the Common Council would have direct representation on E&A and have a role in their deliberations and E&A would become a board fully comprised of elected officials, which arguably is more appropriate, vs. including a non-elected mayoral appointee. FISCAL IMPACT: None EFFECTIVE DATE: Upon final passage, public hearing, and filing with the Secretary of State. Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee introduced the following: RESOLUTION NUMBER 88.121.21R RESOLUTION OF THE COMMON COUNCIL APPOINTING ELIZABETH STAUBACH AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION WHEREAS, pursuant to the provisions of Sections 856 and 903-a of the General Municipal Law, the Common Council of the City of Albany has the authority to appoint members of the Industrial Development Agency and the Capital Resource Corporation; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany, duly convened, does hereby appoint Elizabeth Staubach as a member of the City of Albany Industrial Development Agency and the Capital Resource Corporation; and BE IT FURTHER RESOLVED, this resolution shall take effect immediately. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: November 24, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee RESOLUTION NUMBER 88.121.21R TITLE RESOLUTION OF THE COMMON COUNCIL APPOINTING ELIZABETH STAUBACH AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION GENERAL PURPOSE OF LEGISLATION A member of the Board of the Industrial Development Agency (IDA) and Capital Resource Corporation (CRC) has decided to resign from the board and the Common Council has the authority to appointment members to the board of the IDA & CRC. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council has the authority to appoint members to the Board of the IDA and CRC under the General Municipal Law. FISCAL IMPACT(S) No. Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee introduced the following: RESOLUTION NUMBER 89.121.21R RESOLUTION OF THE COMMON COUNCIL APPOINTING JOSEPH BETTER AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION WHEREAS, pursuant to the provisions of Sections 856 and 903-a of the General Municipal Law the Common Council of the City of Albany has the authority to appoint members of the Industrial Development Agency and the Capital Resource Corporation; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany, duly convened does hereby Joseph Better as a member of the City of Albany Industrial Development Agency and the Capital Resource Corporation; and BE IT FURTHER RESOLVED, this resolution shall take effect immediately. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: November 24, 2021 SPONSOR Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee RESOLUTION NUMBER 89.121.21R TITLE RESOLUTION OF THE COMMON COUNCIL APPOINTING JOSEPH BETTER AS A MEMBER OF THE CITY OF ALBANY INDUSTRIAL DEVELOPMENT AGENCY AND THE CAPITAL RESOURCE CORPORATION GENERAL PURPOSE OF LEGISLATION A member of the Board of the Industrial Development Agency (IDA) and Capital Resource Corporation (CRC) has decided to resign from the Board and the Common Council has the authority to appointment members to the board of the IDA & CRC. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW The Common Council has the authority to appoint members to the board of the IDA and CRC under the General Municipal Law. FISCAL IMPACT(S) No. Council Member Farrell on behalf of committee on Finance, Assessment, and Taxation introduced the following: Resolution Number 90.121.21R RESOLUTION OF THE COMMON COUNCIL ESTABLISHING THE LOCALLY-ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON- HOMESTEAD CLASSES FOR PROPERTY TAX PURPOSES PURSUANT TO ARTICLE 19 OF THE REAL PROPERTY TAX LAW WHEREAS, by Local Law No. 1-1998, the Common Council adopted the provisions of Section 1903 of the Real property Tax Law relating to the establishment of homestead and non- homestead base proportions; and WHEREAS, pursuant to Section 1903(4) of the Real Property Tax Law, the City of Albany has opted not to amend its differential; and WHEREAS, pursuant to Section 1903 of the Real Property Tax Law, the locally-adjusted homestead base proportion of the City of Albany’s base year assessment roll of 2021 has been determined to be 54.71881 percent; and WHEREAS, pursuant to Section 1903 of the Real Property Tax Law, the locally-adjusted non-homestead base proportion of the City of Albany’s base year assessment roll of 2021 has been determined to be 45.28119 percent; NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany does hereby establish the existing class shares as follows: The locally-adjusted homestead base proportion shall equal 54.71881 percent and the locally-adjusted non-homestead base proportion shall equal 45.28119 percent. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: November 24, 2021 Sponsor: Council Member Farrell on behalf of committee on Finance, Assessment, and Taxation RESOLUTION NUMBER 90.121.21R TITLE RESOLUTION OF COMMON COUNCIL ESTABLISHING THE LOCALLY-ADJUSTED BASE PROPORTIONS OF THE HOMESTEAD AND NON-HOMESTEAD CLASSES FOR PROPERTY TAX PURPOSES PURSUANT TO ARTICLE 19 OF THE REAL PROPERTY TAX LAW. GENERAL PURPOSE OF LEGISLATION This resolution establishes the locally-adjusted base proportions of taxable value for the homestead and non-homestead classes regarding the City’s 2021 assessment roll for property taxes payable in January, 2022. Generally speaking, the homestead class includes residential parcels, while the non-homestead class includes commercial parcels. The established tax base proportions will be as follows: Homestead: 54.71881% Non-Homestead: 45.28119% NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This legislation is necessary to bring the City in compliance with Article 19 of the NYS Real Property Tax Law, which requires the local legislative body in a taxing jurisdiction that has split the assessment roll into homestead and non-homestead classes to calculate the current and adjusted base proportions of the two classes. FISCAL IMPACT(S) None. Council Member Farrell on behalf of committee on Finance, Assessment, and Taxation introduced the following: Resolution Number 91.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID WATER AND SEWER CHARGES WHEREAS, Section 604(e) of the Charter of City of Albany states that “all water and sewer charges shall be collected by the City Treasurer in the manner set forth in Second Class Cities Law and be a lien upon the property assessed as a general City tax and as a part thereof shall be levied and collected” pursuant to the procedures set forth in Section 604 of the City Charter; and WHEREAS, Public Authorities Law Section 1115-i(9) calls for all unpaid water and sewer charges in the preceding year to be levied and placed on annual tax rolls of the City of Albany under the name “delinquent water and sewer charges”; and WHEREAS, the Chief Financial Officer of the Albany Water Board has filed with the City of Albany a statement of unpaid water and sewer charges for the year 2020 and 2021 totaling $__________; and WHEREAS, the Water Department has allowed delinquent water and sewer rate payers until December 22, 2021 to enter into a payment plan for such delinquent charges; NOW, THEREFORE BE IT RESOLVED, that there be a delinquent water and sewer charge levied and assessed against each specific lot or parcel of land as set forth in the statement of unpaid water and sewer charges for the years 2020 and 2021 by the Albany Water Board, except that such delinquent water and sewer charges shall not be levied against delinquent water and sewer rate payers who have duly entered into a payment plan with the Water Department by the December 22, 2021 deadline for doing so; and BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $___________, less the amount of such sum attributable to delinquent rate payers who shall have duly entered into a payment plan with the Water Department, shall be placed on the 2022 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2022 tax bills; and BE IT FURTHER RESOLVED, that the Clerk of the City of Albany is directed to forward a certified copy of this resolution to the Treasurer of the City of Albany. To: Danielle Gillespie, City Clerk From: Brett T. Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: November 24, 2021 Sponsor: Council Member Farrell on behalf of committee on Finance, Assessment, and Taxation RESOLUTION NUMBER 91.121.21R TITLE RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID WATER AND SEWER CHARGES GENERAL PURPOSE OF LEGISLATION This resolution authorizes the Treasurer’s Office to levy unpaid water and sewer charges that were billed in 2020 and 2021 on the 2022 tax roll, and to place such unpaid charges on individual 2022 city tax bills. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is required so that delinquent water and sewer charges can be added to the 2022 tax bills and be billed in January, which will then enable the City Treasurer to relevy any unpaid delinquent water and sewer charges to Albany County in 2022. FISCAL IMPACT(S) An as-yet-to-be-determined amount will be relevied and placed on individual property tax bills. Council Member Farrell on behalf of committee on Finance, Assessment, and Taxation introduced the following: Resolution Number 92.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID CHARGES OF VARIOUS CITY DEPARTMENTS WHEREAS, the Department of Fire and Emergency Services and the Department of Buildings and Regulatory Compliance were both created under Part 2 of Chapter 42 of the Code of the City of Albany; and WHEREAS, the Department of General Services was created under Part 5 of Chapter 42 of the Code of the City of Albany; and WHEREAS, each of the above-referenced departments have the ability to apply charges to real property the services they perform at those properties during the course of any tax year; and WHEREAS, those charges are transmitted to the Treasurer of the City of Albany and collected by the Treasurer; and WHEREAS, section 258-2 of Chapter 258 of the Code of the City of Albany provides that “any unpaid fees, fines or penalties levied against property, or owner(s) thereof, within the City of Albany that are owed to the City of Albany for the violation of any or all City laws, ordinances and promulgations, and of all state laws, shall be and remain a lien against the property, and such fees, fines or penalties shall be collected by the City from the owner(s) of such property in the same manner as taxes are collected, in that such fees, fines or penalties shall be added to the property tax bill of the subject property”; and WHEREAS, on or about November 15 of each year, the Treasurer creates an accounting of all these charges that remain uncollected from the current and preceding year; and WHEREAS, all of these charges uncollected in the preceding year need to be levied and placed on the annual tax roll of the City of Albany; and WHEREAS, the Treasurer of the City of Albany has filed with the Common Council a statement of unpaid charges for the years 2019, 2020, and 2021 totaling $2,689,016.01; NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of Albany that there be delinquent charges levied and assessed against each specific lot or parcel of land as set forth in the statement of unpaid charges for the years 2020 and 2021 by the City of Albany; and BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $2,689,016.01 shall be placed on the 2022 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2022 tax bills; and BE IT FURTHER RESOLVED, that the charges totaling $2,689,016.01 represent the following: Waste Collection Fee Levy Year Amount 2021 $156,865.40 2020 $134,266.00 2019 $181,571.50 Total $472,702.90 Buildings and Regulatory Compliance Levy Description Amount Demolitions $1,716,659.70 Total $1,716,659.70 Department of General Services Levy Description Amount Snow $32,176.65 Illegal Trash/Cleanups $432,797.15 Boardups $6,519.95 Property Maintenance (Trees) $28,159.66 Total $499,653.41 BE IT FURTHER RESOLVED, that the Clerk of the City of Albany is directed to forward a certified copy of this resolution to the Treasurer of the City of Albany. To: Danielle Gillespie City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: November 24, 2021 Sponsor: Council Member Farrell on behalf of committee on Finance, Assessment, and Taxation RESOLUTION NUMBER 92.121.21R TITLE RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY UPON CITY OF ALBANY PROPERTIES FOR UNPAID CHARGES OF VARIOUS CITY DEPARTMENTS GENERAL PURPOSE OF LEGISLATION This resolution authorizes the Treasurer’s Office to levy unpaid charges from the various City departments that were billed in 2020 and 2021 on the 2022 tax roll and to put such charges on individual 2022 tax bills. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW This resolution is required so that delinquent charges can be added to the 2022 tax bills and be billed in January, which will then enable the City Treasurer to relevy any unpaid delinquent charges to Albany County in 2022. FISCAL IMPACT(S) A total of $2,689,016.01 will be relevied and placed on the tax roll and individual tax bills. Council Member Farrell on behalf of committee on Finance, Assessment, and Taxation introduced the following: Resolution Number 93.121.21R RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2022 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON THE 2022 TAX BILLS WHEREAS, the Lark Street Area Business Improvement District (BID) was established by the Common Council on November 6, 1995 by Local Law No. 10-1995; and WHEREAS, the Downtown Albany Business Improvement District (BID) was established by the Common Council on November 20, 1995 by Local Law No. 11-1995; and WHEREAS, the Central Business Improvement District (BID) was established by the Common Council on November 17, 1997 by Local Law No. 5-1997; and WHEREAS, the operation of the BID is governed by the provisions set forth in Article 19-A of the General Municipal Law, section 980-j of which requires that the expense incurred in the operation of the district shall be financed in accordance with the district plan upon which the establishment of the district was based, and that the district charge upon benefited real property shall be imposed as provided in the district plan; and that the charge shall be determined, levied, and collected in the same manner and at the same time and by the same officers as the general municipal taxes are levied and collected; and WHEREAS, the proposed 2022 Lark Street BID budget, includes $102,189.44 in anticipated revenue to be generated by the BID charge; and WHEREAS, the proposed 2022 Downtown BID budget, includes $885,208.97 in anticipated revenue to be generated by the BID charge; and WHEREAS, the proposed 2022 Central BID budget, includes $613,620.65 in anticipated revenue to be generated by the BID charge; and NOW, THEREFORE, BE IT RESOLVED, that the combined amount of the three BID budgets totaling $ shall constitute a levy of the amount to be raised by the BID charge, and a warrant to the Clerk/Treasurer to spread and extend such levy upon the properties in each BID in accordance with the BID plans, and to collect the same; and BE IT FURTHER RESOLVED, that such individual sums, being hereby levied against said liable properties, amounting in the aggregate to $1,601,019.06 shall be placed on the 2022 tax roll of the City of Albany and further allocated individually to the liable properties in conjunction with said properties’ 2022 tax bills; and BE IT FURTHER RESOLVED, that the charges totaling $1,601,019.06 represent the following: Lark Street Area Business Improvement District $102,189.44 Downtown Albany Business Improvement District $885,208.97 Central Business Improvement District $613,620.65 RESOLVED, that the Clerk of the City of Albany is directed to forward a certified copy of this resolution to the Treasurer of the City of Albany. To: Danielle Gillespie, City Clerk From: Brett Williams, Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: November 24, 2021 RESOLUTION NUMBER 93.121.21R TITLE RESOLUTION OF THE COMMON COUNCIL AUTHORIZING THE LEVY OF 2022 BUSINESS IMPROVEMENT DISTRICT (BID) CHARGES AND AUTHORIZING THE TREASURER TO PLACE SUCH CHARGES ON THE 2022 TAX BILLS GENERAL PURPOSE OF LEGISLATION This yearly resolution authorizes that the 2022 charges from the various City of Albany Business Improvement Districts may be levied on the 2022 tax roll and appear on the 2022 City tax bills. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Adoption is necessary so that the BID charges can be added to the 2022 tax bills in January. Common Council authorization of these charges as taxes will then enable the City Treasurer to relevy any unpaid charges to Albany County in 2023. FISCAL IMPACT(S) Total BID taxes of $1,601,019.06 Council Member Kimbrough introduced the following: RESOLUTION NUMBER 94.121.21R RESOLUTION OF THE COMMON COUNCIL RE-APPOINTING DANIELLE GILLESPIE AND JELANI MCGRIFF AND APPOINTING KERRY BARTHOLOMEW AS MARRIAGE OFFICERS WHEREAS, Article 3 of the Domestic Relations Law authorizes the governing body of a City to appoint Marriage Officers, who shall have the authority to solemnize marriages in accordance with applicable provisions of law and within the municipal boundaries of the City; and WHEREAS, Article 3 of the Domestic Relations Law permits the Common Council to set the terms of Marriage Officers at up to four years; and WHEREAS, Danielle Gillespie was first appointed as a Marriage Officer by resolution 40.51.20R; and WHEREAS, Jelani McGriff was first appointed as a Marriage Officer by resolution 39.51.20R; and WHEREAS, each of the above-named marriage officers is an employee of the City of Albany; and WHEREAS, the terms of office of each above-referenced Marriage Officer were set by resolution 54.62.20R to expire on December 31, 2021; WHEREAS, Kerry Bartholomew is an employee of the City of Albany; NOW, THEREFORE, BE IT RESOLVED, that Danielle Gillespie and Jelani McGriff are all hereby reappointed as Marriage Officers in the City of Albany for a term effective from January 1, 2022 and which shall run until December 31, 2025 or until such above-named Marriage Officer(s) shall no longer be employed by the City of Albany, whichever occurs first; and BE IT FURTHER RESOLVED, that Kerry Bartholomew is hereby appointed as a Marriage Officer in the City of Albany effective immediately and shall run until December 31, 2025 or until such above-named Marriage Officer(s) shall no longer be employed by the City of Albany, whichever occurs first; and BE IT FURTHER RESOLVED, that such Marriage Officers will not receive a salary or wage for their services; however, for each marriage which such Marriage Officers officiate, the City of Albany shall be paid, by or on behalf of the persons married, a marriage solemnization fee of $25. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel John-Raphael Pichardo, Esq. Research Counsel Re: Common Council Legislation Supporting Memorandum Date: November 24, 2021 Sponsor: Council Member Kimbrough RESOLUTION NUMBER 94.121.21R TITLE RESOLUTION OF THE COMMON COUNCIL RE-APPOINTING DANIELLE GILLESPIE, CASHAWNA BURT, AND JELANI MCGRIFF AS MARRIAGE OFFICERS GENERAL PURPOSE OF LEGISLATION Danielle Gillespie, Cashawna Burt, and Jelani McGriff, all of the City Clerk’s Office, were each appointed as Marriage Officers last year, and their terms expire on December 21, 2021. This resolution re-appoints each to the maximum term allowed under the Domestic Relations Law: four years. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Article 3 of the Domestic Relations Law gives the Common Council the authority to appoint marriage officers within the territorial boundaries of the City of Albany for a term of up to four years. This resolution also provides that such term of office shall cease upon severance from City employment. Council Member Fahey introduced the following: RESOLUTION NUMBER 95.121.21R (MC) A RESOLUTION OF THE COMMON COUNCIL URGING THE SUPREME COURT OF THE UNITED STATES TO UPHOLD WOMEN’S REPRODUCTIVE RIGHTS WHEREAS, on December 1, 2021, the United States Supreme Court heard oral arguments in the case, Dobbs v. Jackson Women's Health Organization, challenging Mississippi's 15-week abortion ban, directly threatening a woman's control over her own body-- fundamental freedom that was codified nearly 50 years ago through Roe v. Wade; and WHEREAS, in these oral arguments a majority of said Supreme Court Justices expressed inclinations to undermine or overturn long-established law and the protection of a woman's individual right to make medical choices concerning her body; and WHEREAS, a decision to undermine and possibly overturn Roe would be an assault on women's hard-fought equality and personal autonomy; and WHEREAS, the United States Supreme Court proposes to rise above the political fray and examine the great social issues of our times with objectivity, balance, and forethought through the lens of the United States Constitution and Bill of Rights; WHEREAS, weakening and possibly overturning Roe would give reason to mistrust the validity of decisions made by a highly politicized United States Supreme Court; and WHEREAS, any decision by the United States Supreme Court to undercut and possibly overturn Roe would set a dangerous precedent that could result in great social unrest and further divide our country; and NOW, THEREFORE, BE IT RESOLVED we strongly urge the Justices of the United States Supreme Court to uphold the law protecting women's reproductive rights as stated in Roe; and BE IT FURTHER RESOLVED, we strongly urge elected officials at every level of government in our nation and the public to make their voices heard and express their moral outrage to the Justices of the United States Supreme Court for their intention to overturn 50 years of established law that is Roe, stripping away the right of every woman to control their reproductive health decisions. BE IT FURTHER RESOLVED, this Resolution shall be sent to United States Supreme Court Chief Justice Warren G. Roberts; United States Supreme Court Justice Clarence Thomas; United States Supreme Court Justice Stephen G. Breyer; United States Supreme Court Justice Samuel A. Alito, Jr., United States Supreme Court Justice Sonia Sotomayor, United States Supreme Court Justice Elena Kagan, United States Supreme Court Justice Neil M. Gorsuch, United States Supreme Court Justice Brett M. Kavanaugh, United States Supreme Court Justice Amy Coney Barrett, United States Senator Kirstin Gillibrand, United States Senator Charles Schumer, New York State Senator Neil Breslin, New York State Assembly Member Patricia Fahy and New York State Assembly Member John McDonald. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: December 3, 2021 SPONSOR Council Member Fahey RESOLUTION NUMBER 95.121.21R (MC) TITLE A RESOLUTION OF THE COMMON COUNCIL URGING THE SUPREME COURT OF THE UNITED STATES TO UPHOLD WOMEN’S REPRODUCTIVE RIGHTS GENERAL PURPOSE OF LEGISLATION URGING THE SUPREME COURT OF THE UNITED STATES TO UPHOLD WOMEN’S REPRODUCTIVE RIGHTS MESSAGE OF NECESSITY The following resolution is being requested to be added by majority consent and cannot wait for inclusion for the next agenda due to the time constraint and requires action sooner rather than later. FISCAL IMPACT(S) None. Council Member Kimbrough introduced the following: RESOLUTION NUMBER 96.121.21R (MC) A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY SUPPORTING THE REQUEST OF THE COMMUNITY POLICE REVIEW BOARD’S (CPRB) TO CONDUCT AN INDEPENDENT INVESTIGATION AND GRANTING ALL NECESSARY AUTHORITIES WHEREAS, the CPRB in a letter dated September 22, 2021 explained their deficiencies and dissatisfaction with an investigation of performed by Albany Police Department’s Office of Profession Standard; and WHEREAS, the Common Council’s Committee on Public Safety on November 18, 2021 met with the CPRB; and WHEREAS, the Public Safety Committee voted to favorably recommend supporting their request; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany supports the CPRB’s request and grants all necessary authorities to conduct an independent investigation. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: December 3, 2021 SPONSOR Council Member Kimbrough RESOLUTION NUMBER 96.121.21R (MC) TITLE A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY SUPPORTING THE REQUEST OF THE COMMUNITY POLICE REVIEW BOARD’S (CPRB) TO CONDUCT AN INDEPENDENT INVESTIGATION AND GRANTING ALL NECESSARY AUTHORITIES GENERAL PURPOSE OF LEGISLATION Granting all necessary authorities to the CPRB to conduct an investigation. Prior to the adoption of Local Law J of 2020 and the recently approved Proposal 7, the CPRB required authorization from the Council. While the CPRB, may now conduct independent investigations without the need to come to the Council, however given that this request was presented prior to the approval of Proposal 7, this resolution grants all necessary authorities to the CPRB. MESSAGE OF NECESSITY The following resolution is being requested to be added by majority consent and cannot wait for inclusion for the next agenda due to the time constraint and requires action sooner rather than later so that the CPRB can conduct their investigation. FISCAL IMPACT(S) None. Type of Edit Number Current Language Proposed Language Purpose Change The purpose of this change is clarify that the USDO protects, preserves, and improves all types of neighborhoods within the City, not just residential §375-102(3): Protect and, preserve and improve the City's residential neighborhoods; and promote racial neighborhoods. Additionally, the new language 1 §375-102(3): Protect and preserve the City's residential neighborhoods; Minor and ethnic equity throughout; relating to racial and ethnic equity aims to clarify that this statement should not be used as a racist dog whistle, which the previous focus on residential neighborhoods connoted. §375-102(4): Promote energy conservation and, low-impact development, and §375-102(4): Promote energy conservation and, low-impact development, and environmentally sensitive Stylistic change aimed to promote readability of 2 Minor environmentally sensitive development; development; document Correction to more accurately describe how the USDO interrelates with dangers/disasters (i.e., the USDO does not fight fire, floodwaters, panic, and 3 §375-102(5):Secure safety from fire, floodwaters, panic, and other dangers §375-102(5):SecureEnsure safety from fire, floodwaters, panic, and other dangers; Minor other dangers, but rather proactively prevents exacerbated effects through building and use regulations). §375-102(7): Promote, preserve, and encourage the aesthetic quality and reinforce the historic urban form and fabric of the City; §375-102(7): Promote, preserve, and encourage the aesthetic quality and reinforce Aim is to separate distinct aims of the USDO into 4 Minor the historic urban form and fabric of the City; and two separate purpose statements §375-102(8):Promote, preserve, encourage, and improve the aesthetic quality of buildings and environments throughout the City; §375-104(2):Unless otherwise provided in this USDO, no building or land shall be §375-104(2):Unless otherwise provided in this USDO, no building or land shall be used or occupied, and no used or occupied, and no building or structure or part of a building or structure shall building or structure or part of a building or structure shall be erected, moved or altered, except in 5 Minor Clarification. No change in intent. be erected, moved or altered, except in conformity with the USDO regulations for conformity with the USDO regulations for the applicable zoning district and any overlay district in which it the district and any overlay district in which it is located. is located. 1. The previous definition of families has been removed and used for the updated term households §375-104(3):No building shall be erected or altered to exceed the height, to better reflect the definition and modern housing §375-104(3):No building shall be erected or altered to exceed the height, accommodate or house a greater accommodate or house a greater number of families, accommodate a larger or configurations. See Article VI (Definitions). number of familiesdwelling units or households, accommodate a larger or more intense land use than is more intense land use than is permitted, occupy a greater percentage of lot area or 2. The deletion of the term inner or outer courts is 6 permitted, occupy a greater percentage of lot area or have narrower or smaller rear yards, front yards, or Minor have narrower or smaller rear yards, front yards, side yards, inner or outer courts the only reference in the USDO, so no impacts will side yards, inner or outer courts than is permitted by this USDO for the applicable zoning district and any than is permitted by this USDO for the district and any overlay district in which the result from the proposed deletion. The addition of overlay district in which the building is located. building is located. the word "or" is to stylistically correct the list. 3. The addition of application zoning is for clarification purposes. No change in intent. §375-105(3):Uses, structures, and lots rendered conforming. A use, structure, or lot §375-105(3):Uses, structures, and lots rendered conforming. A use, structure, or lot that was legally that was legally nonconforming at the time of the adoption of this USDO will be The purpose of this edit is to remove superfluous 7 nonconforming at the time of the adoption of this USDO will be deemed lawful and conforming as of the Minor deemed lawful and conforming as of the effective date of this USDO if it conforms to language. No impact. effective date of this USDO if it conforms to all requirements of this USDO. all requirements of this USDO. Based on dialogue with elected officials and City staff, the proposed change aligns with the updated 8 §375-105(4):Uses, structures, and lots rendered nonconforming. §375-105(4):Uses, structures, and lots rendered legally nonconforming. Minor term in the definitions section, even though the USDO only classifies legal uses, structures and lots as nonconforming. §375-105(4)(a):When a building, structure, or lot is used for a purpose that was a §375-105(4)(a):When a building, structure, or lot is used for a purpose that was a lawful use before the lawful use before the effective date of this USDO, and this USDO no longer classifies The proposed change more specifically lists out the effective date of this USDO, and this USDO no longer classifies such use as an alloweda permitted or 9 such use as an allowed use in the zoning district in which it is located, such use shall Minor types of allowed uses in the USDO and uses the conditional use in the zoning district in which it is located, such use shall be considered legally be considered nonconforming and shall be controlled by § 375-506 (Preexisting updated term "legally nonconforming". nonconforming and shall be controlled by § 375-506 (Preexisting development and nonconformities). development and nonconformities). §375-105(4)(b):Where any building, structure, or lot that legally existed on the §375-105(4)(b):Where any building, structure, lot or lotsite improvement that legally existed on the The proposed edit clarifies current practices relating effective date of this USDO does not meet all standards set forth in this USDO, such effective date of this USDO does not meet all standards set forth in this USDO, such building, structure, or to legally nonconforming site improvements and 10 Minor building, structure, or lot shall be considered nonconforming and shall be controlled lot or site improvement shall be considered legally nonconforming and shall be controlled by § 375-506 their applicability with § 375-506(6) of the USDO and by § 375-506 (Preexisting development and nonconformities). (Preexisting development and nonconformities). uses the updated term "legally nonconforming". (i) AnyA 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 prior to the effective date of this USDO,, 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 applicable provisions of the Albany Zoning Ordinance and Subdivision Regulationsregulations in effect on §375-105(5)(a)(i-ii): the date the application was deemed complete. (i) Any complete application that has been submitted for review, but upon which no final action has been taken by the appropriate decisionmaking body prior to the effective date of this USDO, shall be reviewed in accordance with the applicable provisions of the Albany Zoning Ordinance and Subdivision Regulations in effect on the date the application was deemed complete. If the applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the The proposed edits reorganize the requirements to 11 requirements of this USDO. Any reapplication for an expired project approval shall Minor improve readability, with no change to the proposed meet the standards in effect at the time of reapplication. intent. (ii) An applicant with a complete application that has been submitted for approval, but where no final action has been taken prior to the effective date of this USDO, may submit a written request to the Chief Planning Official to have the application (ii) If the applicant fails to comply with any applicable required period for submittal or other procedural reviewed under this USDO. requirementsrequirement, the application shall expire and subsequent applications shall be subject to the requirements of this USDO. Anyany reapplication for an expired project approval shall meet the standards in effect at the time of reapplication. §375-105(5)(b):Approved projects. Permits, development plans, building permits, and variances that are valid on the effective date of this USDO shall remain valid until their expiration date. Projects with valid approvals or permits shall be §375-105(5)(b)(i):Permits, development plans, building permits, and variances that are valid on the completed pursuant to the development standards in effect at the time of approval. effective date of this USDO shall remain valid until their expiration date. Projects with valid approvals or If the approval or permit (including any extensions of time permitted and approved The proposed edits split the existing requirement permits, but shall be completed pursuant to the development standardsregulations in effect at the time of under the prior Zoning Ordinance and/or Subdivision Regulations) expires, future into two distinct subsections and remove 12 approval. Minor development shall comply with the requirements of this USDO superfluous language that does not change the intent of the requirements. §375-105(5)(b)(ii):If thean approval or permit (including any extensions of time permitted and approved under the prior Zoning Ordinance and/or Subdivision Regulations) expires, future development shall comply with the requirements of this USDO. §375-105(6)(1-3): §375-105(6): The location and boundaries of the zoning districts established by this (1) The location and boundaries of the zoning districts established by this USDO are shown on the official USDO are shown on the official Zoning Map, which is hereby incorporated into the Zoning Map, which is hereby incorporated into the provisions of this USDO. provisions of this USDO. The Zoning Map, including all amendments, shall be the The proposed change turns three sentences (2) The Zoning Map, including all amendments, shall be the latest electronic version of the Map as 13 latest electronic version of the Map as amended by Common Council. All Minor formerly in one subsection into three separate amended by Common Council. All form-based district regulating plans contained within this USDO are part form-based district regulating plans contained within this USDO are part of the subsections, with no change of intent or language. of the Zoning Map. Zoning Map. The Chief Planning Official shall keep the Zoning Map up-to-date as (3) The Chief Planning Official shall keep the Zoning Map up-to-date as changes and amendments are changes and amendments are made. made. §375-105(7): The Chief Planning Official shall be authorized to interpret the §375-105(7): The Chief Planning Official shall be authorized to interpret the provisions of this USDO, The proposed changes clarify that interpretations provisions of this USDO, including but not limited to the location of zoning district including but not limited to the location of zoning district boundary lines, unless a different City official is are not decisions, the new procedures for the Chief boundary lines, unless a different City official is specifically designated in this USDO specifically designated in this USDO to make a particular interpretation. The decisionsInterpretations of the Planning Official making an interpretation, and 14 Minor to make a particular interpretation. The decisions of the Chief Planning Official are Chief Planning Official are subject to the procedures set forth in section 375-505(19) and to appeal to the removing an ambiguity of having either the Chief subject to appeal to the Board of Zoning Appeals. An applicant may request that a Board of Zoning Appeals. An applicant may request that a formal written interpretation of this USDO be Planning Official or the Board of Zoning Appeals formal written interpretation of this USDO be made by the Board of Zoning Appeals made by the Board of Zoning Appeals. make an interpretation. No impact. Edit Number Current Language Proposed Language Type of Change Purpose § 375-201: The zoning districts listed in § 375-202, Summary Table §375-201: The zoning districts listed in § 375-202, Summary Table of Zoning of Zoning Districts, are hereby created. These districts shall have the Districts, are hereby created. These districts shall have the boundaries shown on Minor clarification. No impact or change in 1 boundaries shown on the official Zoning Map maintained by the Minor the official Zoning Map maintained by the Albany Planning Department and standard practices. AlbanyChief Planning DepartmentOfficial and available on the City available on the City of Albany's website. of Albany's website. §375-202 - Table 375.202.1: § 375-202 - Table 375.202.1: This change is reflecting that the definition of R-1L Single-Family, Low-Density R-1L Single-Unit, Low-Density family has been removed in the USDO and 2 R-1M Single-Family, Medium-Density R-1M Single-Unit, Medium-Density Minor replaced with unit. No impact or change in R-2 Two-Family R-2 Two-Unit standard practices. R-M Multi-Family R-M Multi-Unit §375-203(1-6): The proposed draft removes duplicative content of §375-203(1-6): Currently each residential zoning district includes: the dimensional standards, references to other section of the code, - Purpose statements; and applicable use-specific standards. Minor clarifying updates have Minor clarification. No impact or change in 3 - Dimensional standards for the District; Minor also been made to the purpose statement for each district. standard practices. - References to the remaining sections of the code, and Additionally, updated graphics have been added to better reflect - Applicable use-specific standards. streetscapes within residential zoning districts. §375-204(1-10): The proposed draft removes duplicative content of §375-204(1-10):Currently each mixed-use zoning district includes: the dimensional standards, references to other section of the code, - Purpose statements; and applicable use-specific standards. Minor clarifying updates have Minor clarification. No impact or change in 4 - Dimensional standards for the District; Minor also been made to the purpose statement for each district. standard practices. - References to the remaining sections of the code, and Additionally, updated graphics have been added to better reflect - Applicable use-specific standards. streetscapes within mixed-use zoning districts. §375-205(1-3): The proposed draft removes duplicative content of §375-205(1-3): Currently each special purpose zoning district includes: the dimensional standards, references to other section of the code, - Purpose statements; and applicable use-specific standards. Minor clarifying updates have Minor clarification. No impact or change in 5 - Dimensional standards for the District; Minor also been made to the purpose statement for each district. standard practices. - References to the remaining sections of the code, and Additionally, updated graphics have been added to better reflect - Applicable use-specific standards. streetscapes within special purpose zoning districts. §375-206(1)(b)(i): Pursuant to N.Y. General Municipal Law §§ 96-a §375-206(1)(b)(i): Pursuant to General Municipal Law §§ 96-a and 119-dd(1), the and 119-dd(1), the following described areas are designated as following described areas are designated as areas, buildings, structures and Minor clarification. No impact or change in 6 areas, buildings, structures and objects having a special historical or Minor objects having a special historical or aesthetic interest or value. Maps of these standard practices. aesthetic interest or value. Maps of these areas accompany each areas accompany each table listing street addresses in that district. table listing street addresses in that district. §375-206(1)(b)(ii): This overlay addresses locally designated historic §375-206(1)(b)(ii): This overlay addresses locally designated historic districts and districts and structures. There may be additional designated areas Minor clarification. No impact or change in 7 structures. There may be additional designated areas and structures throughout Minor and structures throughout the City that are regulated at the state or standard practices. the City that are regulated at the state or federal level. federal level but are not subject to the regulations of this overlay. §375-206(1): Proposed changes to: - Improve readability and clarify which parcels are located within historic districts (e.g., even or odd only, 88,90,92 to 88-92); -Add the words "Historic District" for the Clinton Avenue/North Minor clarification. No impact or change in 8 §375-206(1): Historic District and Individual Listings Pearl Street/Clinton Square and South Pearl Street Commercial Row Minor standard practices. Historic District; -Alignment of the names and addresses of Individual Listings with their nomination form (e.g., Van Ostrade-Radliff House, 48 Hudson Avenue) The proposed reclassification of the Washington Avenue Historic District to become the Washington Avenue Archaeological Review District. Given that all of the existing archaeological and historic resources within the Historic District are 9 §375-206(1): Washington Avenue Historic District §375-206(1): Proposed Reclassification as an Archaeological District Minor subsurface and will have the same level of review/protections (e.g. Phase 1A-3 reports, review by the Historic Resources Commission), the proposed reclassification will not result in any significant environmental impacts. §375-206(1)(c)(i-ii): §375-206(1)(c)(i-ii): (i) The general design and character of the proposed alteration, (i) The general design and character of the proposed alteration or new addition or new construction should be compatible with the construction should be compatible with the building and historic district. building and historic district. Minor clarification. No impact or change in 10 Minor standard practices. (ii) The scale of the proposed alteration or new construction should relate to the (ii) The scale of the proposed alteration, addition or new building itself, surrounding buildings, the neighborhood and the historic district. construction should relate to the building itself, surrounding buildings, the neighborhood and the historic district. §375-206(1)(c)(v): Compatible materials and colors that are either similar to or visually quiet in relation to traditional ones used in the area should be used in new construction or when restoration of original materials is impossible. Inappropriate §375-206(1)(c)(v): Compatible materials and colors that are either contemporary materials, including those that attempt fake antiquity or rusticity similar to or visually quiet or similar in relation to traditional Minor clarification and split of language into two (e.g., unpainted natural wood, reused common brick, undressed stone or asphalt, 11 onescolors used in the area should be used in new construction or Minor separate subsections (See Edit 12). No impact or aluminum or vinyl siding), are discouraged and are specifically prohibited on front when restoration of original materials is impossible. change in standard practices. facades and within front setback areas. When appropriate traditional materials cannot be duplicated, preference should be given to contemporary materials, used in a straightforward manner, which blend well with the traditional context of the district or modern materials that achieve the same level of detail. §375-206(1)(c)(vi) -Inappropriate contemporary materials, including §375-206(1)(c)(v) - Compatible materials and colors that are either similar to or those that attempt fake antiquity or rusticity (e.g., unpainted visually quiet in relation to traditional ones used in the area should be used in new natural wood, reused common brick, undressed stone or asphalt, Split of §375-206(1)(c)(v) into two subsections to construction or when restoration of original materials is impossible. Inappropriate aluminum or vinyl siding), are discouraged and are specifically distinguish two separate thoughts. The removal of contemporary materials, including those that attempt fake antiquity or rusticity prohibited on front facades and within front setback areas. When the last sentence removes duplicative language (e.g., unpainted natural wood, reused common brick, undressed stone or asphalt, 12 appropriate traditional materials cannot be duplicated, preference Minor that addresses this topic and resolves conflicting aluminum or vinyl siding), are discouraged and are specifically prohibited on front should be given to contemporary materials, used in a language on the appropriate use of contemporary facades and within front setback areas. When appropriate traditional materials straightforward manner, which blend well with the traditional materials within the subsection. No impact or cannot be duplicated, preference should be given to contemporary materials, context of the district or modern materials that achieve the same change in standard practices. used in a straightforward manner, which blend well with the traditional context of level of detail. specifically prohibited on front facades or any side the district or modern materials that achieve the same level of detail. elevation visible from a public right-of-way. §375-206(1)(c)(xiv)(C) : All exterior paint colors shall be selected by the applicant or the owner. Such color selections shall be reviewed §375-206(1)(c)(xiv)(C): All exterior paint colors shall be selected by the applicant by the Chief Planning Official or his/her designee for consistency Since paint is reversible on non-masonry surfaces 13 or the owner. Such color selections shall be reviewed by the Chief Planning Official with the provisions of this § 375-206(1). Although a Certificate of Minor and previously painted masonry surfaces, there or his/her designee for consistency with the provisions of this § 375-206(1). Appropriateness is not required for painting non-masonry surfaces would be no impact on properties and structures and repainting previously painted masonry surfaces, full compliance within locally designated historic districts. with the above standards is required. Additionally, the proposed change will align with Section 617.5(c)(1) of SEQRA for "maintenance or repair involving no substantial changes in an existing structure or facility". §375-206(1)(e)(iv)(B) : The facade of a structure erected on a single §375-206(1)(e)(iv)(B) : The facade of a structure erected on a single house lot house lot should be proportioned so that the height equals at least should be proportioned so that the height equals at least 1 1/2 times the width. 14 1 1/2 times the width. Adjustment shall be made for Minor Minor clarification of terminology. No impact. Adjustment shall be made for residential lots that exceed the predominant lot residentialresidentially zoned lots that exceed the predominant lot widths along the frontage street. widths along the frontageprimary street. §375-206(1)(g)(ii)(B): Signs for first-floorstory commercial space in §375-206(1)(g)(ii)(B): Signs for first-floor commercial space in historic districts historic districts generally should be placed no higher than the generally should be placed no higher than the bottom of the second-story Proposed change aligns with use of the term story 15 bottom of the second-story windows. Signage should be kept to the Minor windows. Signage should be kept to the first-story frieze or lintel area usually throughout the USDO. No impact. first-story frieze or lintel area usually found on 19th Century and found on 19th Century and early 20th Century Albany commercial storefronts. early 20th Century Albany commercial storefronts. Removing the prohibition of awnings and removing the reference to the [Historic Resources] Commission tackles two separate issues. §375-206(1)(g)(ii)(C): Backlit plastic signs or awnings are discouraged by the §375-206(1)(g)(ii)(C): Backlit plastic signs or awnings are First, there are historic examples of awning signs 16 Commission as inappropriate to the 19th and early 20th Century character of the discouraged by the Commission as inappropriate to the 19th and Minor with local historic districts that make sense to districts. early 20th Century character of the districts. replicate and have been approved through Certificates of Appropriateness. This edit aims to align with existing processes and is discussed further in §375-206(1)(g)(ii)(D). Second, the discouragement of backlit plastic signage is done by the Historic Resources Commission, as well as the Chief Planning Official through minor and major certificates of appropriateness. This is a minor clarification. The proposed edits will not result in any major impacts. §375-206(1)(g)(ii)(D): Backlit plastic signs or awnings are discouraged by the §375-206(1)(g)(ii)(D): Neon signs and awnings that are designed to 17 Commission as inappropriate to the 19th and early 20th Century character of the Minor See Purpose Description for Edit 16. be in character with the street and building may be permitted. districts. Ordinary repair and maintenance permitted. Nothing in this § 375- Ordinary repair and maintenance permitted. Nothing in this § 375-206(1) or 206(1) or related procedures in § 375-505(13) (Minor certificate of As part of changes in Article V, the specific related procedures in § 375-505(13) (Minor certificate of appropriateness) or appropriateness) or § 375-505(19) (Major certificate4) (Certificate procedures for minor and major certificate of § 375-505(19) (Major certificate of appropriateness) shall be construed to prevent of appropriateness) shall be construed to prevent the ordinary 18 Minor appropriateness have been merged into one the ordinary maintenance and repair of any exterior architectural feature of a maintenance and repair of any exterior architectural feature of a process, which is reflected with the new title and historic landmark or property within a historic district that does not involve a historic landmark or property within a historic district that does not subsection reference. change in design, building materials, color or outward appearance. involve a change in design, building materials, color or outward appearance. No permit for signage, new construction, repair, alteration, a sidewalk No permit for signage, new construction, repair, addition, barricade, demolition or any other work that will affect the exterior of a alteration, a sidewalk barricade, demolition or any other work that Minor clarification. No impact or change in 19 landmark or a property within a historic district shall be issued by the Chief will affect the exterior of a landmark or a property within a historic Minor standard practices. Building Official until the applicant has obtained a certificate of district shall be issued by the Chief Building Official until the appropriateness. applicant has obtained a certificate of appropriateness. The proposed changes in §375-206(2) primarily reorganize the section to place the identified §375-206(2): AR-O Archaeological Resources Overlay: 20 §375-206(2): AR-O Archaeological Resources Overlay Minor archaeologically sensitive areas first, then list the Organizational Changes standards within these districts and the remainder of the City. Some rewording with no change in intent has also occurred. The primary addition in this section is the new Washington Avenue Archaeological Review District(See Edit 9), which will not result in a change in how resources or future development will function in this district. No impacts. Transfer of definitions exclusive to the FP-O 21 §375-206(3)(a-g): Floodplain Overlay §375-206(3)(a-h): Floodplain Overlay - Definitions Minor district from §375-602 (Definitions) to the Floodplain Overlay section for the ease of use of readers. No impact. The intent of the language in §375-206(4)(d) is to ensure that stormwater flows are reduced §375-206(4)(d): throughout the City, especially given that there are (i) Properties 1/4 acre in size or smaller located within the CS-O District boundaries a number of smaller/undersized lots within the shall be required to install at least one of the following site design features to City. While the intent of this language is promoting reduce stormwater flows into the combined sewer system. improved environmental conditions, the A. Install one of the following, designed to detain the first one inch of rainfall, and requirements are unrealistic/are not related to a design the site to direct all rooftop stormwater and at least 75% of surface specific development threshold or date to meet stormwater flows into that site feature. the goal. 1. A tree in a tree well, designed to meet applicable standards in the 22 Administrative Manual and the City’s applicable technical construction standards. §375-206(4)(d): Proposed Removal of Standard Minor For larger projects on smaller lots, review of 2. A drainage swale or rain garden, designed to meet applicable standards in the projects by the Water Department does not utilize Administrative Manual and the City’s applicable technical construction standards. these requirements and solely focuses uses the 3. An underground cistern. Albany Pool Communities Combined Sewer B. Install a green roof as described in § 375-401(4)(a)(ii) (Definitions). Overflow Long- Term Control Plan Order on (ii) The City may approve alternatives to the features listed in Subsection (4)(d)(i) Consent (DEC Case No. CO 4-20120911-01) to above if it determines that the alternative features would achieve the same or guide recommendations. greater detention of stormwater or mitigation of impacts to the City’s combined sewer system. Given that this requirement has never been enforced, the proposed removal will not result in any significant environmental impacts. The majority of proposed changes are copyedits. §375-206(5)(c)(iii): New or redeveloped primaryPrincipal and The significant proposed change is that accessory § 375-206(5)(c)(iii): New or redeveloped primary structures are generally limited accessory structures are generally limited to onea single story in structures would now be limited to a single story. to one story in height where the property abuts lands dedicated for conservation height where thea property abuts lands dedicated for conservation While this is a more significant change, the end pursuant to the Albany Pine Bush Preserve Management Plan in order to reduce pursuant to the Albany Pine Bush Preserve Management Plan in result of decreasing the scale of development in 23 impacts from smoke arising from prescribed burns required to maintain the health order to reduce impacts from smoke arising from prescribed burns Major the Pine Bush aligns with intent of the district and of the Pine Bush Preserve. The Planning Board may approve additional stories if it required to maintain the health of the Pine Bush Preserve. The avoids conflicting requirements for principal and would result in a smaller total building footprint and less impervious surface on Planning Board may approve additional stories if it would result in a accessory structures. The proposed edit has the the lot or the dedication of additional lands for conservation. smaller total building footprint and, less impervious surface on the potential to result in a positive environmental lot coverage or the dedication of additional lands for conservation. impact. § 375-206(5)(c)(iv): New or redeveloped primary structures shall be set back no Change to the term principal structure through the more than 50 feet from the front lot line, in order to group traffic and occupancy 24 Minor USDO to align with definitions. No impact or impacts near those areas where the PB-O District is already fragmented by existing § 375-206(5)(c)(iv): New or redeveloped primaryprincipal structures shall be set back no more than 50 feet from the front lot line, in change in standard practices. roads. order to group traffic and occupancy impacts near those areas where the PB-O District is already fragmented by existing roads. Reorganization of what triggers the requirement §375-206(5)(c)(v): New or redeveloped primary and accessory for a maximum 20% lot coverage. Additionally, §375-206(5)(c)(v): New or redeveloped primary and accessory structures on lots structures onOn lots not more than 10,000 square feet in size , new confusing and conflicting language referencing 30% 25 not more than 10,000 square feet in size shall not occupy more than 20% of the or redeveloped principal and accessory structures shall not occupy Minor of another lot's coverage and has chosen a more site areas, nor more than 30% of the site area of any other lot. more than 20% of the site areas, nor more than 30% of the sitetotal restrictive number to align with the purpose and lot area of any other lot. intent of the PB-O district. Requirement for dumpster has been moved to use-specific standards for Trash storage, outdoor (§ §375-206(5)(c)(viii-ix): §375-206(5)(c)(viii-ix): 375-303(6)(q)(vi))and reference to Native Species (viii) Dumpsters must be secured from wildlife. (viii)Dumpsters must be secured from wildlife. 26 Minor List has been moved to general landscaping (ix) Refer to the Native Species List in the Administrative Manual for allowable (ix) Refer to the Native Species List in the Administrative standards in the Landscape, Screening, and landscaping and plant materials. Manual for allowable landscaping and plant materials. Buffering section (§375-406(3)(a)(vii)). No impact or change in standard practices. §375-206(6)(c)(i-ii): (i) Any land use, structure, or activity that occurs or is proposed to occur on any lands within 1,000 feet of the mean high-water line of §375-206(6)(c): Any land use, structure, or activity that occurs or is proposed to The proposed change separates two independent the Normans Kill, or within the one-hundred-year floodplain of the occur on any lands within 1,000 feet of the mean high-water line of the Normans requirements into two subsections and clarifies Normans Kill, and that is anticipated or could result in the Kill, or within the one-hundred-year floodplain of the Normans Kill, and that is the language on when activities 10,000 square feet disturbance of more than of 10,000 square feet of surface land anticipated or could result in the disturbance of more than of 10,000 square feet or greater will require Major Development Plan area, or to the excavation of more than 100 cubic yards of dirt or 27 of surface land area, or to the excavation of more than 100 cubic yards of dirt or Minor Review. While the proposed change expands this fill, shall be required to apply for major development plan approval fill, shall be required to apply for major development plan approval under § 375- trigger from the current boundaries, the current under § 375-505(14), andreview. 505(14), and shall be required to avoid or mitigate any potential adverse impacts expansion is in developed low-density areas of the on the Normans Kill watershed or waterway, including but not limited to soil City where this additional review is unlikely to (ii)An applicant shall be required to avoid or mitigate any potential erosion, soil slippage, and impacts to the floodway or floodplain. occur. No negative environmental impact. 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. Transfer of definitions exclusive to the AC-O §375-206(7)(b)(xv):Definitions. See "Albany-Colonie Intermunicipal Overlay district from §375-602 (Definitions) to the 28 §375-206(7)(b)(xv): Relocation of Definitions from §375-602 Minor Definitions" in § 375-602 (Definitions). Albany-Colonie Overlay section for the ease of use of readers. No impact. Edit Number Current Language Proposed Language Type of Change Purpose §375-301: The permitted and conditional land uses in each zoning district are indicated in the Table 375.302.1: §375-301: The permitted and conditional land uses in each zoning district are indicated in the Table 375.302.1: Since the use-related standards in § 375-203, Permitted Use Table below. Additional uses of property or restrictions on the use of property may be contained in Permitted Use Table below. Additional uses of property or restrictions on the use of property may be contained in 375-204 or 375-205 have been relocated to Article 1 Minor the description of the specific district in § 375-203, 375-204 or 375-205 (Base Zoning Districts) or in an overlay the description of the specific district in § 375-203, 375-204 or 375-205 (Base Zoning Districts) or in an overlay III, the proposed removal will not result in any district applicable to the property in § 375-206 (Overlay Districts). district applicable to the property in § 375-206 (Overlay Districts). impacts. The first proposed change from Conditional Use §375-301(1)(b): A “C” in a cell of the Permitted Use Table indicates that the use is permitted only after the applicant Approval to Conditional Use Permit aligns with the §375-301(1)(b): A “C” in a cell of the Permitted Use Table indicates that the use is permitted only after the applicant obtains a conditional use approvalpermit has been obtained pursuant § 375-505(166) (Conditional use permit) and name of the process in Article V. obtains a conditional use approval pursuant § 375-505(16) (Conditional use permit) and subject to any use-specific subject to any use-specific standards listed in the right-hand column of that line of the table. If a conforming 2 standards listed in the right-hand column of that line of the table. If a conforming permitted use of land or structures Minor permitted use of land or structures prior to the adoption of this USDO has become a “C” use under this USDO, the The second proposed change removes content that prior to the adoption of this USDO has become a “C” use under this USDO, the use will be deemed to have a use will be deemed to have a conditional use approval under this USDO for the use as it existed on the effective date is more thoroughly discussed in §375-506(2). conditional use approval under this USDO for the use as it existed on the effective date of this USDO. of this USDO. No impact. The first two changes are copyedits that improve the readability and reinforce that accessory uses can be on the same lot as an approved conditional use. The removal of the last sentence removes an exception for the MU-CI district to have accessory §375-301(1)(c): An "A" in a cell of the Permitted Use Table indicates that the use is permitted as an accessory use §375-301(1)(c): An "A" in a cell of the Permitted Use Table indicates that the use is permitted as an accessory use uses locate on any lot, so long as they are only in support of a permitted or conditional use on the site; except that in the case of a wireless only in support of a permitted or conditional use on the site; except that in the case of a wireless accessory to any primary use in that zone district. telecommunications antenna or a satellite dish, where the antenna or dish need only be accessory to a structure on telecommunications antenna or a satellite dish, the antenna or dish need only be accessory to a structure on the Upon review of the original drafting and passage of the property. An accessory use must be located on the same lot, as a principal or conditional use, may not exist 3 property. An accessory use must be located on the same lot, may not exist before the lot contains a permitted or Minor the current USDO, there is no explanation for this before the lot contains a permitted or an approved principal or conditional principal use, and may not exist after the approved conditional principal use, and may not exist after the termination of all permitted or approved conditional exception. The proposed removal of this sentence termination of all permittedprincipal or approved conditional principal uses, unless otherwise provided in this USDO. principal uses, unless otherwise provided in this USDO. In the MU-CI and I-1 Zone Districts, an A use may be would have a positive administrative impact by In the MU-CI and I-1 Zone Districts, an A use may be accessory to any primary use in that zone district, and need not accessory to any primary use in that zone district, and need not be accessory to a primary use on the same lot. stopping the allowance coordinating related be accessory to a primary use on the same lot. principal and accessory uses together on one lot, which has the potential to reduce negative environmental impacts related to single-occupancy vehicle transportation. The proposed change will not result in any significant negative environmental impacts. Since the adoption of the USDO in 2017, the "V" allowance has not been used by any applicants. As a result, the proposed removal will eliminate some conditionally permitted uses in districts and/or change the allowance from "V" to "C". §375-301(1)(e)(A): "V" in a cell of the Permitted Use Table indicates that the use is available as a conditional use if a §375-301(1)(e)(A): A "V" in a cell of the Permitted Use Table indicates that the use is available as a conditional use if a While tenants of SEQRA promote the reuse of structure or building has been vacant for a period of five or more years, subject to compliance with any use-specific structure or building has been vacant for a period of five or more years, subject to compliance with any use-specific existing and vacant buildings, the lack of use has standards listed in the right-hand column of that line of the table. The burden of proving that a structure or building standards listed in the right-hand column of that line of the table. The burden of proving that a structure or building prompted questions relating to the utility of the 4 has been vacant for five or more years is with the applicant and may be shown through utility bills, aerial has been vacant for five or more years is with the applicant and may be shown through utility bills, aerial Major allowance and the administrative work to verify photographs, affidavits of surrounding property owners, or other materials acceptable to the City. This designation photographs, affidavits of surrounding property owners, or other materials acceptable to the City. This designation that a use meets all of the applicable vacancy applies only to vacant structures or buildings and not to vacant parcels or lots of land. The existing structure or applies only to vacant structures or buildings and not to vacant parcels or lots of land. The existing structure or standards. building shall not be demolished to accommodate a V use. building shall not be demolished to accommodate a V use. Given that this provision has never been used and the proposed edits will either eliminate or change to a Conditional Use with the same procedure, the proposed change will not result in any significant environmental impacts. The purpose of these edits is to clarify and confirm §375-301(2): Multiple uses. A development in a mixed-use district or special purpose district may include multiple §375-301(2): Multiple uses. A development in a mixed-use district or special purpose districtstructure may include that properties within residential zoning districts principal uses, including a combination of residential and nonresidential uses, provided that each use is either a multiple principal uses, including a combination of residential and nonresidential uses, provided that each use is that have more than one principal use must also 5 permitted or conditional use in that zoning district, that a conditional use approval is obtained for any conditional either a permitted or conditional use in that zoning district, that a conditional use approvalpermit is obtained for any Minor comply with all relevant use-specific and use, all use-specific standards applicable to each use are met, and the development complies with all applicable conditional use, all use-specific standards applicable to each use are met, and the development complies with all development standards. density, dimensional, impervious surface, development, and performance standards. applicable density, dimensional, impervious surfacelot coverage, development, and performance standards. No impact. §375-301(3)(a)(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. §375-301(3)(a)(ii): In making thisa determination on an unlisted use, the Chief Planning Official shall consider thetype 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. The Chief Planning Official's interpretation shall be made available to the public and shall be 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. §375-301(3)(a)(iii): Should the Chief Planning Official determine no similar use is listed within this USDO, the Chief The proposed subsection (a) elucidates what §375-301(3): Unlisted uses. When a proposed land use is not explicitly listed in Table 375.302.1 (Permitted Use Planning Officialthey shall have the right to delay making a determination and to propose the addition of a new use pieces of information the Chief Planning Official Table) below, the Chief Planning Official shall determine whether or not it is included in the definition of a listed use to Permitted Use Table through an amendment to this USDO as described in § 375-505(2420) (Amendments to uses to make a determination on an unlisted use, or is so consistent with the size, scale, operating characteristics, and external impacts of a listed use that it should be Zoning Map or USDO text). which reinforces that land use decisions are made treated as the same use. In making this determination, the Chief Planning Official shall consider the scale, character, with a rational basis. traffic impacts, storm drainage impacts, utility demands, and potential impacts of the proposed use on surrounding 6 properties. The Chief Planning Official's interpretation shall be made available to the public and shall be binding on §375-301(3)(a)(iv): Should the Chief Planning Official determine that the use is included in the definition of a listed Minor The remaining edits in subsection (b) are of an future decisions of the City until the Chief Planning Official makes a different interpretation or this USDO is amended use or is so consistent that it should be treated as the same as an existing use within this USDO, they shall issue a administrative level for noticing and participation to treat the use differently. Should the Chief Planning Official determine no similar use is listed within this USDO, the proposed determination expressly stating the rationale for how the proposed use is similar or the same based upon in the unlisted use determination process. Chief Planning Official shall have the right to delay making a determination and to propose the addition of a new use the above criteria. to Permitted Use Table through an amendment to this USDO as described in § 375-505(24) (Amendments to Zoning Given that these elements are of an administrative Map or USDO text). nature, the proposed change will not result in any negative environmental impacts. §375-301(3)(a)(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. §375-301(3)(b)(i): Such proposed determination shall be referred to the Board of Zoning Appeals and shall not be final 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: §375-301(3)(b)(i)(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 §375-301(3)(b)(i)(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. Chief Planning Official 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(24) (Amendments to Zoning Given that these elements are of an administrative Map or USDO text). nature, the proposed change will not result in any negative environmental impacts. §375-301(3)(b)(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. §375-301(3)(b)(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. §375-301(3)(b)(iv): 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. The proposed edits clarify that uses in the City of Albany bound to follow the USDO must also follow County and other City laws outside of the City Code. Additionally, there is clarifying language stating §375-301(4): Required federal, state, and municipal licenses or permits. All uses that are required by the State of that all relevant permits and approvals must be New York, the federal government, a municipal government, or by another public or quasi-public regulatory agency received at the appropriate time in the review §375-301(4): Required state licenses or permits. All uses required by the State of New York, the federal government, to have an approval, license, or permit to operate are required to have that approval, license, or permit in effect or process. One could interpret with the current or by another public or quasi-public regulatory agency to have an approval, license, or permit to operate are 7 an application pending before the appropriate government or quasi-government agency at the time that an Minor language that an applicant who is looking to required to have that approval, license, or permit in effect at the time that an application is submitted for a permit application is submitted for a permit or approval, and shall have such approval, license, or permit in effect at all construct and open a restaurant must have their or approval, and at all times when the use is operating; failure to do so is a violation of this USDO. times when the use is operating;. The failure to do sohave all needed approvals, licenses, or permits in effect during Albany Food Service Establishment Application operations is a violation of this USDO. approved before applying to construct the building, which is impossible. Given that the proposed language resolves minor ambiguities, the proposed edit will not result in an environmental impact or change current practices. § 375-301(5)(c): Pawn shops. 8 Major See justification in Permitted Use Table tab. (i) A pawn shop is not permitted in any zoning district. 9 § 375-302: Permitted Use Table § 375-302: Permitted Use Table Major See separate tab §375-303(1)(b): In addition to any other applicable regulations, the following use-specific standards shall apply Copyedit with no change in intent. 10 §375-303(1)(b): In addition to any other applicable regulations, the following use-specific standards shall apply Minor where the particular section is referenced in the far right column of Table 375.302.1 (Permitted Use Table). No impact. where the particular section is referenced in the far rightrightmost column of Table 375.302.1 (Permitted Use Table). The first proposed edit reflects the new usage of single-unit vs. single-family in reference to unit typologies. This will not result in any environmental impacts. §375-303(2)(a)(i): Dwelling, single-family detached. A manufactured home that is less than 18 feet in width is only § 375-303(2)(a)(i): Dwelling, single-familyunit detached. A manufactured home that is less than 18 feet in width is 11 Minor permitted in a mobile home park or manufactured home park existing on June 1, 2017. only permitted in a mobile home park or manufactured home park existing on June 1, 2017. (Reserved) Since manufactured homes are not permitted within the City of Albany and this is stated elsewhere in the USDO, the proposed edit will be removing redundant language. §375-303(2)(a)(ii): Dwelling, two-familyunit detached. §375-303(2)(a)(ii): Dwelling, two-family detached. (Reserved)A. No single-family detached dwelling may be converted to a two-family detached dwelling without A. No single-family detached dwelling may be converted to a two-family detached dwelling without approval of a approval of a conditional use permit. No conditional use permit for such conversion shall be approved unless it is The first proposed edit reflects the new usage of conditional use permit. No conditional use permit for such conversion shall be approved unless it is determined that: determined that: two-unit vs. two-family in reference to unit 1. The lot on which the dwelling structure is located contains at least the minimum lot area required in the zone 1. The lot on which the dwelling structure is located contains at least the minimum lot area required in the zone typologies. This will not result in any district where the structure is located. district where the structure is located. environmental impacts. 12 2. The dwelling structure contains no fewer than 1,600 square feet of living space, and after the conversion, no Minor 2. The dwelling structure contains no fewer than 1,600 square feet of living space, and after the conversion, no dwelling unit in the structure shall contain less than 600 square feet of living space. dwelling unit in the structure shall contain less than 600 square feet of living space. The removed conversion standards have been 3. After the conversion, there shall not be more than the maximum number of dwelling units that are permitted in 3. After the conversion, there shall not be more than the maximum number of dwelling units that are permitted in moved to the end of Article III. No impact or the zone district where the structure is located. the zone district where the structure is located. change in standard practices. 4. If required as a result of the conversion, no fire escape or second means of egress shall be attached to that 4. If required as a result of the conversion, no fire escape or second means of egress shall be attached to that portion portion of the dwelling bordering the front yard and visible from the street right-of-way. of the dwelling bordering the front yard and visible from the street right-of-way. The addition of the new use classification" Three-unit detached dwelling" clarifies ambiguities in certain districts where three-family townhouses are permitted, but three-family multi-family dwellings are not permitted. This distinction has 13 Major created an inequitable process where based on the surrounding land uses, structures could qualify as either and other times, not be permitted. The proposed addition of this term will clarify that issue. The proposed edit will not result in any significant environmental impacts. §375-303(2)(a)(iii): Dwelling, townhouse. §375-303(2)(a)(iii): Dwelling, townhousethree-unit detached. §375-303(2)(a)(iv)(A): The building may be used for both residence and for a business that does not qualify as a §375-303(2)(a)(iv)(A): The building may be used foras both residencea dwelling and for a business that does not Copyedit with no change in intent. 14 home occupation being conducted by a resident of the building, but shall not include the following business qualify as a home occupation being conducted by a resident of the building, but shall not include the following Minor No impact. activities: business activities: Copyedit with no change in intent. 15 §375-303(2)(a)(iv)(A)(8): Outdoor storage as a primary use; or §375-303(2)(a)(iv)(A)(8): Outdoor storage as a primaryprincipal use; or Minor No impact. The proposed clarifies an inequitable result that potential live-work dwelling users would have in commercial and industrial districts, given that §375-303(2)(a)(iv)(C): A wall sign no more than two square feet in size and located no higher than the first floor of §375-303(2)(a)(iv)(C): AIn residential zoning districts, a wall sign no more than two square feet in size and located no 16 Minor these districts have higher allowances. No impact. the building is permitted. higher than the first floorstory of the building is permitted. Change from floor to story is a copyedit. No impact. §375-303(2)(a)(v): Dwelling, multifamily A. After June 1, 2017, any multifamily structure containing more than 20 dwelling units: §375-303(2)(a)(v): Dwelling, multifamily-unit 1. Shall include outdoor or indoor passive or active recreation space(s) that total at least 10% of the site area; and A. After June 1, 2017, any multifamily structure 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 The proposed edits remove the reference to the 2.Shall provide on-site laundry facilities. adoption date of the original USDO, specify the B. In the area bounded by Myrtle Avenue, Lark Street a perpendicular line drawn 100 feet southerly of the Madison 2.Shall provide on-site laundry facilities within each individual dwelling unit or as a shared facility on premises 17 Minor types of permitted laundry facilities, and remove Avenue right-of-way, and the rear boundary of lots fronting on New Scotland Avenue, this use is only permitted in a 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 language that already exists in §506(4)(h). No new structure constructed after June 1, 2017. impact or change in standard practices. C.In the R-2 or R-T District, a structure that was originally designed and constructed as a multifamily dwelling shall be Avenue right-of-way, and the rear boundary of lots fronting on New Scotland Avenue, this use is only permitted in a considered legally conforming as to the number of units for which it was originally designed, but shall be required to new structure constructed after June 1, 2017. meet building code requirements as to the size and construction of each unit. C. In the R-2 or R-T District, a structure that was originally designed and constructed as a multifamily dwelling shall be considered legally conforming as to the number of units for which it was originally designed, but shall be required to meet building code requirements as to the size and construction of each unit. Copyedit with no change in intent. 18 §375-303(2)(b)(ii): A facility housing more than eight unrelated individuals receiving services, plus those providing §375-303(2)(b)(ii): A facility housing more than eight unrelated individuals receiving services, plus those providing Minor No impact. services, is permitted only in the R-M, R-V and Mixed-Use Zone Districts. services, is permitted only in the R-M, R-V and Mixed-Use Zone Districts.mixed-use zoning districts. Copyedit with no change in intent. 19 Minor §375-303(2)(b)(ii)(C): Notwithstanding other provisions of this USDO, in those zoning districts where community §375-303(2)(b)(ii)(C): Notwithstanding other provisions of this USDO, in those zoning districts where community No impact. residential facilities are permitted uses, the dimensional and design standards applicable to a facility occupied by or 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 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-family detached, two-family detached, townhouse, or structure being constructed or occupied (e.g., single-familyunit detached, two-familyunit detached, townhouse, or multifamily) if it were occupied by a household living use. multifamilymulti-unit) if it were occupied by a household living use. §375-303(2)(b)(iii)(a): There shall be at least 150 square feet of gross floor area for the first occupant and at least 100 Copying existing language from the definition of 20 additional square feet of gross floor area for every additional occupant, the gross floor area to be calculated on the Minor dormitory into a use-specific standard. No impact §375-303(2)(b)(iii): Dormitory. basis of total habitable room area. §375-303(2)(b)(iii)(B): Kitchen facilities, common areas for meeting and social space, or handicap accessibility may be §375-303(2)(b)(iii)(BC): Kitchen facilities, common areas for meeting and social space, or handicap accessibility may Copyedit with no change in intent. 21 expanded by 10% of the floor area or 1,000 square feet, whichever is less, without securing or modifying a be expanded by 10% of the gross floor area or 1,000 square feet, whichever is less, without securing or modifying a Minor No impact. conditional use permit if current parking standards are met. conditional use permit if current parking standards are met. The proposed edits remove the reference to the 22 §375-303(2)(b)(iv)(A): After June 1, 2017, no new group living, other facility shall be located within 500 feet of an §375-303(2)(b)(iv)(A): After June 1, 2017, noNo new group living, other facility shall be located within 500 feet of an Minor adoption date of the original USDO. No impact or existing group living, other facility. existing group living, other facility. change in standard practices. The proposed requirement that future cemeteries meet the Green Burial Council's standards for natural burial grounds or conservational burial §375-303(3)(a)(i): Cemeteries shall meet the Green Burial Council’s standards for natural burial grounds or grounds aims to limit future in-ground negative 23 §375-303(3)(a)(i): (Reserved) Minor conservational burial grounds.(Reserved) environmental impacts and conduct assessments of burial sites. The proposed edit will result in improved environmental conditions for future cemeteries constructed within the City of Albany. Based on building permit reviews conducted between 2017 and 2021, there have been increased dialogues to ensure that clubs are 24 § 375-303(3)(b)- Club Minor correctly classified and do not morph into §375-303(3)(b)(ii): A copy of the Club charter and a list of all dues-paying members shall be submitted with an additional or different uses. The proposed edit is application and kept on file with the City of Albany. The club must keep and maintain an updated list of dues-paying an administrative action that aligns with current members at all times practices. No impact. §375-303(3)(c-e)(i): In zone district(s) where this is shown as a V use, a V use may only be approved in an existing structure that was not originally constructed as a single-family detached or two-family detached dwelling. (Reserved) 25 §375-303(3)(c-e)(i) & §375-303(4)(c)(ii)(A): In zone district(s) where this is shown as a V use, a V use may only be Minor See Edit 4. approved in an existing structure that was not originally constructed as a single-family detached or two-family §375-303(4)(c)(ii)(A): Previous use-specific standard §375-303(4)(c)(ii)(B) now is §375-303(4)(c)(ii)(A). detached dwelling. This use-specific standard has been moved into the §375-303(3)(o)(i): In the MU-CU District, this use is limited to existing buildings originally designed and constructed §375-303(3)(o)(i): In the MU-CU District, this use is limited to existing buildings originally designed and constructed Permitted Use Table as referenced Footnote 2. 26 Minor for nonresidential uses. for nonresidential uses. (Reserved) No impact. In the current USDO, towers are split into two separate categories (Telecommunications towers and Tower, Other). While there are specific standards for telecommunications towers, the proposed standards align the standards for non-telecommunications towers with telecommunications towers. This is done through combining the existing subsections (i-ii) and 27 §375-303(3)(p) - Towers §375-303(3)(p) - Towers Minor reordering to improve readability. Language related to obsolescence ot tower structures and antennas has been moved to §375-410 (Operating and Maintenance). Since the changes do not conflict with FCC requirements or change where towers are permitted within the City, the proposed changes will not result in any significant environmental impacts. §375-303(4)(a)(i): §375-303(4)(a)(i): (A) Greenhouses are not permitted in the residential zone districts. (A) Greenhouses are not permitted in the residential zone districts. The prohibition of greenhouses in residential zone (B) In those zone districts where they are permitted, greenhouses, hoop houses, cold frames, storage sheds, and (B) In those zone districts where they are permitted, greenhouses, hoop houses, cold frames, storage sheds, and districts was an unintentional omission and based 28 Minor other accessory structures are limited to a maximum height of 12 feet, and shall be set back at least five feet from other accessory structures are limited to a maximum height of 12 feet, and shall be set back at least five feet from on the low-intensity of the use, will not result in any abutting lot with an occupied residential use. any abutting lot with an occupied residential use. any environmental impacts. §375-303(4)(a)(i)(D): Operation of power equipment or generators is not permitted in the Residential zone districts Copyedit with no change in intent. 29 other than on a temporary emergency basis, or for routine maintenance. In those zone districts where they are §375-303(4)(a)(i)(DC): Operation of power equipment or generators is not permitted in the Residential Minor No impact. permitted, operation of power equipment or generators may occur between 7:00 a.m. and no later than 10:00 p.m. zoneresidential zoning districts other than on a temporary emergency basis, or for routine maintenance. In those zonezoning 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. Copyedit with no change in intent. 30 Minor No impact. §375-303(4)(c)(i)(B): No more than seven guest rooms shall be allowed in the R-1L, R-1M, R-2, and R-T §375-303(4)(c)(i)(B): No more than seven guest rooms shall be allowed in the R-1L, R-1M, R-2, and R-T Districts. Districts.zoning districts. §375-303(4)(c)(ii)(A): Facilities where individual guest rooms have direct access to an outdoor area, rather than §375-303(4)(c)(ii)(B): Facilities where individual guest rooms have direct access to an outdoor area, rather than Copyedit with no change in intent. 31 accessing guest rooms from an interior hallway or corridor, shall only be permitted in the MU-CH Zone Districtzoning Minor accessing guest rooms from an interior hallway or corridor, shall only be permitted in the MU-CH Zone District. No impact. district. Based on the review of uses during the USDO Evaluation, it was discovered that there are not currently crematoriums within the City of Albany and that their operating standards more appropriately are of a separate principal nature. The change in allowances for both uses are more §375-303(4)(d)(iii): Funeral Home 32 §375-303(4)(d)(i): Funeral Home and Crematorium Major fully discussed in the review of the Permitted Use §375-303(5)(a)(i): Crematorium Table. Given that crematoriums are more intense uses, the proposed limitation into industrial uses is appropriate and will prevent future conflicts with lower-intensity districts and uses. The proposed change will not result in any significant negative environmental impacts. The separation of Beauty salon, spa, or barber shop from the personal or business service use is more fully discussed in the review of the Permitted §375-303(4)(d)(i): Funeral Home and Crematorium Beauty salon, spa or barber shop. Use Table. The reference to New York State 33 §375-303(4)(d)(i): Funeral Home and Crematorium A. This use shall be subject to regulation pursuant to New York State General Business Law, Articles 27 and 28, and Minor General Business Law reemphasizes existing any regulations promulgated thereunder. language within the USDO requiring compliance with §375-301(4) (See Edit 7). The proposed use-specific standard will not result in any significant environmental impacts. Proposed relocation of subsection and change of the word "facilities" to "blood plasma center" for 34 §375-303(4)(d)(v)(A;C-E): Blood Plasma Center §375-303(4)(d)(ii)(A;C-E): Blood Plasma Center Minor clarification. No impact. The proposed split of the office use category into four separate categories is more fully discussed in §375-303(4)(d)(iv): Laboratory or research facility the review of the Permitted Use Table. Given that §375-303(4)(d)(v): Medical clinic 35 §375-303(4)(d)(ii) - Office Major the two original use-specific standards for offices §375-303(4)(d)(vi): Office, general were appropriately distributed to applicable uses, §375-303(4)(d)(viii): Professional office the proposed change will not result in any significant environmental impacts. Copyedits changing the use of the word establishments to uses, since establishments is not 36 § 375-303(4)(e)(i) - Adult Entertainment § 375-303(4)(e)(i) - Adult Entertainment Minor defined in the USDO and adding the word gross to floor area in subsection (C) for clarification. No impact. §375-303(4)(e)(ii)(Indoor Recreation or Entertainment): From the adoption of the original USDO in 2017 to (A) Conditional use approval pursuant to § 375-505(16) (ConditionalA conditional use permit) shall is required for now, there have been a number of instances where any indoor recreation or entertainment use that is to be required whenlocated adjacent to anya residential zoning smaller indoor recreation uses (gyms) have been district. and will exceed 3,000 square feet gross floor area. adjacent to residential district and have needed to §375-303(4)(e)(ii)(Indoor Recreation or Entertainment): apply for a Conditional Use Permit for operation. (A) Conditional use approval pursuant to § 375-505(16) (Conditional use permit) shall be required when adjacent to Given that these are low-intensity uses and 37 any residential district. Minor potential noise impacts can be resolved during (B) A conditional use permit is required for any indoor recreation or entertainment use that will exceed 15,000 building permit review, the proposed change to square feet gross floor area. exempt uses under 3,000 square feet in area will (B) Conditional use approval pursuant to § 375-505(16) (ConditionalA conditional use permit) shall be is required for not result in any negative environmental impacts. any indoor recreation or entertainment uses ofuse that will exceed 15,000 square feet or greater. gross floor area. The rewording of subsection (B) is a copy edit and will not result in any environmental impacts. New allowances in lower-density residential districts has prompted the addition of a Conditional Use Permit requirement when 38 §375-303(4)(e)(iii)(A): Reserved. Major adjacent to a residential district to address any noise, sound, light, and other visual impacts. The §375-303(4)(e)(iii)(A): A conditional use permit shall be required for outdoor recreation or entertainment use that is proposed change would not result in any negative to be located adjacent to any residential zoning district. environmental impacts. Copyedits changing the use of the word establishments to uses, using the word minimum of instead of at least, adding the word gross to floor area in subsection (C) for clarification, and 39 §375-303(4)(f)(i) - Adult Retail §375-303(4)(f)(i) - Adult Retail Minor removing the reference to playing field since that is covered under the definition of park and not defined in the USDO. No impact. Minor copyedits for removing previous reference to USDO adoption date and improving the 40 §375-303(4)(f)(ii) - Convenience Retail §375-303(4)(f)(ii) - Convenience Retail Minor language to clarify the intent of provisions. No impact. 1. 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 The proposed edits aim to align the review and 1. No person or entity shall produce, grow, or sell medical marijuana or hold itself out as a New York State registered registered by the New York State Department of Health. standards for both medical and recreational or licensed organization unless it has compliedthey are in compliance with New York State Public Health Law Article 2. A registered organization shall only dispense approved medical marijuana products in accordance with Article 33 marijuana dispensaries. In the current USDO, the 33 of the New York Public HealthState Cannabis Law and this USDO, and isare registered or licensed as required by of the Public Health Law. use-specific standards are unnecessarily restrictive the New York State Department of Health. such laws, or are performing activities expressly exempt by such laws. 3. A registered organization shall only dispense approved medical marijuana products in an indoor, enclosed, secure given that there have not been any demonstrable 2. A registered organization shall only dispense approved medical marijuana products in accordance with Article 33 facility. land use impacts as a result of the approval of the Public Health Law. 4. A registered organization shall not dispense approved medical marijuana products from the same location where medical marijuana facilities in the City and social 3. A registered organization shall only dispense approved medical marijuana products in an indoor, enclosed, secure the marijuana is grown or manufactured. mores have changed as a result of the legalization facility. 5. A registered organization shall not locate a dispensing facility on the same street or avenue and within 1,000 feet of recreational marijuana products throughout the 41 4. A registered organization shall not dispense approved medical marijuana products from the same location where Major of a building occupied exclusively as a school or religious institution. This measurement shall be taken in straight State. the marijuana is grown or manufactured. lines from the center of the nearest entrance of the premises sought to be used as a dispensary to the center of the 5. A registered organization shall not locate a dispensing facility on the same street or avenue and within 1,000 feet nearest entrance of the school or religious institution. Additionally, the removal of references specific to of a building occupied exclusively as a school or religious institution. This measurement shall be taken in straight 6. Dispensaries shall not sell items other than approved medical marijuana products and related products necessary medical marijuana provides an interim set of lines from the center of the nearest entrance of the premises sought to be used as a dispensary to the center of the for the approved forms of administration of medical marijuana without prior written approval from the New York regulations as the City and State develop processes nearest entrance of the school or religious institution. State Department of Health. for approving recreational facilities over the next 6. Dispensaries shall not sell items other than approved medical marijuana products and related products necessary 7. No approved medical marijuana products shall be vaporized or consumed on the premises of a dispensary. two years. Based on these factors, the proposed for the approved forms of administration of medical marijuana without prior written approval from the New York 8. All dispensaries shall have a security system to prevent and detect diversion, theft, or loss of marijuana and/or change will not result in any significant negative State Department of Health. medical marijuana products, using commercial grade equipment. environmental impacts. 7. No approved medical marijuana products shall be vaporized or consumed on the premises of a dispensary. 9. Dispensaries shall be restricted to only a single external sign with only black and white colors that shall not be 8. All dispensaries shall have a security system to prevent and detect diversion, theft, or loss of marijuana and/or illuminated at any time. medical marijuana products, using commercial grade equipment. 9. Dispensaries shall be restricted to only a single external sign with only black and white colors that shall not be illuminated at any time. The proposed changes to subsection (A) are simple copyedits, that do not change the intent of the provision and would not result in any environmental impact. The proposed removal of subsection (B) was prompted in part that the term pavement width is not defined in the USDO, there are applicable 42 Minor standards for drive-through uses that are provided for in Article IV, and except for the I-1 district, all new automobile washes would be conditionally §375-303(4)(g)(i)- Automobile Wash: reviewed where street access could be reviewed to §375-303(4)(g)(i)- Automobile Wash: A. The establishmentThis use shall not be closer thanlocated a minimum of 400 feet tofrom a residential zoning determine the appropriate siting. Based on these A. The establishment shall not be closer than 400 feet to a residential district. district. factors, the proposed edits will not result in any B. The establishment shall be located on a public street having a pavement width of not less than 36 feet and shall B. The establishment shall be located on a public street having a pavement width of not less than 36 feet and shall significant negative environmental impacts. provide ingress and egress so as to minimize traffic congestion. provide ingress and egress so as to minimize traffic congestion. During the review of this USDO Evaluation, it was unclear why these two uses were grouped together, given that freight truck terminals have more significant land use impacts than a dispatch service office. While this separation is more fully 43 Major addressed in the review of the proposed Permitted Use Table, the reduction of permissibility of freight truck terminals throughout the City will not result in any negative environmental impacts and likely §375-303(4)(g)(ii)- Dispatch service or freight reduce any future negative environmental impacts. § 375-303(4)(g)(ii)- Dispatch service or freight §375-303(4)(g)(iii)- Freight truck terminal During the review of this USDO Evaluation, it was unclear why these two uses were grouped together, given that light vehicle servicing uses have more significant land use impacts than light vehicle sales or rentals. While this separation is more fully addressed in the review of the proposed Permitted Use Table, the reduction of light vehicle 44 Major servicing uses throughout the City will not result in any negative environmental impacts and likely reduce any future negative environmental impacts. For light vehicle servicing, subsection (c), there is a proposed copyedit change from using the term "establishment" to "use", which is done through the document and would not result in any impacts. §375-303(4)(g)(iv) - Light vehicle and equipment sales, or rental and servicing § 375-303(4)(g)(iv) - Light vehicle and equipment sales, rental and servicing §375-303(4)(g)(vi) - Light vehicle servicing 45 §375-303(4)(g)(v) - Parking lot §375-303(4)(g)(v) - Parking lot, surface Minor Alignment with new definition term. No impact. § 375-303(4)(g)(viii)-Parking Structure: § 375-303(4)(g)(vi)-Parking Structure: The proposed addition of the use-specific standard A. A parking structure may not be located within 50 feet of an R-1L, R-1M, R-2, or R-T zoning district. 46 A. This use must meet all requirements for location, layout, and design of parking structures in §375-405 (Parking Minor copies over an existing requirement from Article B. This use must meet all requirements for location, layout, and design of parking structures in §375-405 (Parking and loading). IV. No impact. and loading). §375-303(4)(g)(viii)(A): For any service station located on a corner lot, only one curb cut access location per street §375-303(4)(g)(x)(A): For any service station located on a corner lot, only A. Only one curb cutright-of-way access 47 Minor Copyedit. No change or impact. frontage is permitted. location per street frontage is permitted. Existing language in §375-403(6)(e)(i) already sets a 48 Minor limit of 20 feet, so the proposed edit removes §375-303(4)(g)(viii)(B): No access driveway curb cut shall exceed 25 feet in width. §375-303(4)(g)(x)(B): No access driveway curb cut shall exceed 25 feet in width. conflicting language. No impact. The proposed edit removes an unexplainable exception for convenience stores that are associated with vehicle fueling stations. While this §375-303(4)(g)(viii)(D): If this use includes convenience retail activities, it shall be subject to those use-specific may deter some vehicle fueling stations from siting 49 standards in § 375-303(4)(f)(ii) (Convenience retail), except that any required separation distance from a Minor in locations where convenience stores are not convenience retail use shall not apply. permitted, this will not change the permissibility of vehicle fueling stations. The proposed change will §375-303(4)(g)(x)(C):If this use includes convenience retail activities, it shall be subject to those use-specific not result in any significant negative environmental standards in § 375-303(4)(f)(ii) (Convenience retail), except that any required separation distance from a impacts. convenience retail use shall not apply. The proposed deletion of exemptions removes an unexplainable exemption, likely related to Building Code conflicts. As a result, if any of the listed items 50 Minor cannot be stored inside of a building, this could lead to potential positive impacts by reducing the §375-303(5)(a)(ii)(A): All storage shall be kept within an enclosed building, except recreation or other oversized §375-303(5)(a)(iii)(A): All storage shall be kept within an enclosed building, except recreation or other oversized number of hazardous objects at sites with vehicles, compressed flammable gas tanks, or gasoline containers in excess of two gallons, which shall be stored only vehicles, compressed flammable gas tanks, or gasoline containers in excess of two gallons, which shall be stored only self-storage facilities. in exterior areas screened from the view from any street frontage. in exterior areas screened from the view from any street frontage.. Copyedit with no change in intent. 51 §375-303(5)(a)(ii)(B): Where the site is adjacent to residentially zoned land, a permanent screen shall be required §375-303(5)(a)(iii)(B): Where the site is adjacent to residentially zoned landa residential zoning district, a permanent Minor No impact. and shall conform to the provisions § 375-406 (Landscaping, screening and buffering). screen shall be required and shall conform to the provisions § 375-406 (Landscaping, screening and buffering). §375-303(5)(a)(ii)(E): In all zone districts except the MU-CH, I-1, and I-2 Districts, this use must be conducted in a §375-303(5)(a)(iii)(E): In all zonezoning districts except the MU-CH, I-1, and I-2 Districts, this use must be conducted Copyedit with no change in intent. 52 facility where access to individual storage units is from an internal hallway or walkway. The facility shall not permit in a facility where access to individual storage units is from an internal hallway or walkway. The facility shall not Minor No impact. individual storage units to be accessed through doorways or garage doors accessed from outside a primary or permit individual storage units to be accessed through doorways or garage doors accessed from outside a accessory building; however, the facility may include garage doors allowing access to internal vehicle primaryprincipal or accessory building; however, the facility may include garage doors allowing access to internal loading/unloading areas that do not serve as storage areas. vehicle loading/unloading areas that do not serve as storage areas. During the evaluation of the USDO, it was unclear why the current thresholds were selected. Given that existing uses that relate to these use-specific §375-303(5)(a)(iii): §375-303(5)(a)(iii): standards are pre-existing and exceed these A.The maximum single container capacity is 1,000 gallons. A.The maximum single container capacity is 1,000 gallons. standards, the proposed removal should not result 53 Minor B. The maximum aggregate multi-container storage capacity is 12,000 gallons. B. The maximum aggregate multi-container storage capacity is 12,000 gallons. in any significant environmental impacts. Similar to C. Installations in excess of 1,000 gallons shall be installed below ground. C. Installations in excess of 1,000 gallons shall be installed below ground. how hazardous materials are handled with other uses, the discretional review of these applications could require further assessment and analyses to mitigate negative environmental impacts. §375-303(5)(a)(iii)(E): All outdoor storage facilities shall be enclosed by a solid fence or wall six feet in height and not §375-303(5)(a)(iv)(B): All outdoor storage facilities shall be enclosed by a solid fence or wall six feet in height and not Copyedit with no change in intent. 54 less than 10 feet from each lot line adequate to conceal such facilities and the contents stored from adjacent Minor less than 10 feet from each lot line adequate to conceal such facilities and the contents stored from adjacent No impact. property. propertyproperties. § 375-303(5)(a)(iv)(G): Outdoor storage shall only be permitted within the Light Industrial (I-1) and General Industrial § 375-303(5)(a)(iii)(J):Outdoor storage shall only be permitted within the Light Industrial (I-1) and General Industrial Copyedit with no change in intent. 55 (I-2) Districts zoning districts and shall comply with the screening standards in § 375-406 (Landscaping, screening and Minor (I-2) Districts and shall comply with the screening standards in § 375-406 (Landscaping, screening and buffering). No impact. buffering). §375-303(5)(c)(iii)(A): Junkyards and vehicle towing or wrecking lots shall not be located within 500 feet of any Copyedit with no change in intent. 56 §375-303(5)(c)(iii)(A): Junkyards and vehicleVehicle towing or, wrecking lotsor junkyard uses shall not be located Minor residential district. No impact. within 500 feet of any residential zoning district. Given that accessory dwelling units have not been a permitted use within the City and comments from elected officials have requested additional 57 §375-303(6)(a) - Accessory Dwelling Units Minor §375-303(6)(a): Accessory dwelling unit. No accessory dwelling unit shall be approvedallowed until after the six- research/public outreach, the removal does not month review of this USDO described in § 375-505(24)(d)(i) and shall not be automatic. This use is subject to the result in any significant negative environmental following standards:stated otherwise. impacts. Copyedits with no change in intent. 58 §375-303(6)(b): Alternative energy generation equipment or facility. Minor §375-303(6)(b): Alternative energy generation equipment or facility. No impact. Over the past year, there has been interest expressed by the Sustainability Advisory Committee and other residents to increase the number of drop-off sites for composting within the City. The City has partnered with local organizations to open two sites and with interest to open more within residential neighborhoods, 59 §375-303(6)(d) - Composting of household waste generated on site. Minor the removal of the words "generated on site" would promote and expand this program. With the existing use-specific standards related to storage still in place, the proposed edits would result in positive environmental impacts by expanding opportunities for community composting throughout the City. §375-303(6)(d) - Composting of household waste generated on site. Copyedits with no change in intent. 60 §375-303(6)(e): Customary accessory uses and related structures. §375-303(6)(e): Customary accessory uses and related structures. Minor No impact. Given that day-care, home could be permitted in the I-1 district, the exemption of the I-1 district does not make sense and would resolve an inequity. No negative environmental impact. §375-303(6)(f): Day-care home . In the residential districts and residential dwelling units in mixed-use districts, this §375-303(6)(f): Day-care home . In the residential districts and residential dwelling units in mixed-use districts, this 61 Minor use is subject to the following standards: use is subject to the following standards: Additionally, there is a change in subsection (ii) from "his or her private " to "their primary" to be more gender-inclusive and remove an ambiguity on primary and secondary residences being used for day-care home. No environmental impact. The proposed edit is a recognition that multiple §375-303(6)(g)(i): Businesses shall provide at least one off-street parking space per delivery vehicle or shall secure 62 Minor City departments comment on on-street parking, one dedicated on-street parking space per vehicle where approved by the Division of Traffic Engineering. §375-303(6)(g)(i):Businesses shall provide at least one off-street parking space per delivery vehicle or shall secure so "City" is the more appropriate term. one dedicated on-street parking space per vehicle where approved by the Division of Traffic EngineeringCity. § 375-303(6)(h)(i): In addition to complying with all requirements for design, layout, and vehicle stacking distances in § 375-303(6)(h)(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 § 375-405 (Parking and loading), any menu boards or order stations that are not attached to the primary building Copyedits with no change in intent. 63 Minor shall be oriented so that light and sound impacts are directed away from any adjacent lot in a residential zone shall be oriented so that light and sound impacts are directed away from any adjacent lot in a residential zonezoning No impact. district. district. The proposed minor changes replace the term "his or her" with the more gender-inclusive term "their", change the word "applicant" to "operator" to clarify in events where the applicant for a related home occupation may not be the operator in relationship to when an approved home 64 § 375-303(6)(j) - Home occupation § 375-303(6)(j) - Home occupation Minor occupation expires, and removes the word "residential when referring to buildings, since home occupations can happen in residential and mixed-use buildings. No impact. The proposed changes split satellite dishes and telecommunications antenna as an accessory use into two separate use classifications. While 65 Minor copyedits have occurred for each of the use-specific standards for these uses, the overall intent has not changed and will not result in a §375-303(6)(ol) - Telecommunications antenna or sSatellite dish as an accessory use. significant negative environmental impact. §375-303(6)(o) - Telecommunications antenna or satellite dish as an accessory use. §375-303(6)(o) - Telecommunications antenna or satellite dish as an accessory use. The first proposed change for storage sheds makes a minor copyediting change from "zone" to §375-303(6)(n) - Storage shed. "zoning". 66 §375-303(6)(m) - Storage shed. Minor i. In the residential zonezoning districts, the structure shall be no larger than 200 square feet in area. The second edit is duplicative of existing language ii. In all zone districts, this structure shall not be located closer to any street than the primary building on the lot. in §375-401(2)(iii). No impact. The proposed edits clarify that: 1. The requirements only apply to exterior swimming pools and that indoor swimming pools are permissible; 2. Combining the first two subsections to improve readability; 67 §375-303(6)(n) - Swimming pool. §375-303(6)(no) - Exterior swimming pool Minor 3. Adding a conditional use permit review for rooftop pools since they may result in unforeseen impacts, and 4. Minor edits add the term "swimming" to the word pool. No impact. Minor copyedits and adding a requirements that storage must be secured from wildlife from the 68 §375-303(6)(p) - Trash storage, outdoor. §375-303(6)(pq) - Trash storage, outdoor. Minor PB-O standards to improve overall storage. No impact. § 375-303(7)(a) Farmers' market. Temporary farmers' markets, open no longer than 10 hours per week, are (i) Temporary farmers' markets, open shall be permitted to operate no longer than 10 hours per week, are permitted in all commercial districts, provided that there. Copyedits with no change in intent. 69 permitted in all commercial districts, provided that there shall be no offensive odors or dust and there shall be no Minor No impact. permanent outdoor storage of equipment or products. (ii) There shall be no offensive odors or dust and there shall be no permanent outdoor storage of equipment or products. §375-303(7)(b)(iii): Mobile vendors may locate along the perimeter of approved off-street parking areas or upon Copyedits with no change in intent. 70 §375-303(7)(b)(iii):Mobile vendorsA mobile vendor may locate in a nonresidential zoning district along the perimeter Minor undeveloped lots in nonresidential zone districts that have been vacant in excess of two years. No impact. of an approved off-street parking areasarea or upon a lot that has remained in an undeveloped lots in nonresidential zone districts that have been vacantcondition for a period in excess of two years. Copyedits with no change in intent. 71 §375-303(7)(c) - Portable Storage Container §375-303(7)(c) - Portable Storage Container Minor No impact. Copyedits with no change in intent. 72 § 375-303(7)(f) - Temporary/seasonal sales § 375-303(7)(f) - Temporary/seasonal sales Minor No impact. The proposed change consolidates all conversion language together in a centralized location with no 73 §375-203(3-5)- Districts Standards for R-2, R-T, and R-M. § 375-303(8) - Residential Conversions. Minor change in intent. No impact. Table 375.302.1 Permitted Use Table P=Permitted Use | C=Conditional Use | A=Accessory Use | T=Temporary Use | V=Vacant Property Use Residential Mixed-Use Special Purpose Zoning District R-1L R-1M R-2 R-T R-M R-V MU-NE MU-NC MU-CU MU-CH MU-DT MU-CI MU-FW MU-FC MU-FS MU-FM I-1 I-2 LC Use-Specific Standard in District Standards § 375-203 § 375-203 § 375-203 § 375-203 § 375-203 § 375-203 § 375-204 § 375-204 § 375-204 § 375-204 § 375-204 § 375-204 § 375-204 § 375-204 § 375-204 § 375-204 § 375-205 § 375-205 § 375-205 Article III in Article II (1)(d) (2)(d) (3)(d) (4)(d) (5)(d) (6)(d) (1)(d) (2)(d) (3)(d) (4)(d) (5)(d) (6)(d) (7)(d) (8)(d) (9)(d) (10)(d) (1)(d) (2)(d) (3)(d) LAND USE CATEGORY RESIDENTIAL USES Household Living Dwelling, single-familyunit P P P P P P P P § 375-303(2)(a)(i) detached Dwelling, two-familyunit C[2] P P P P P P § 375-303(2)(a)(ii) detached Dwelling, townhousethree- C P P P P P P P P P P P P P § 375-303(2)(a)(iii) unit detached Dwelling, townhouse C[2] C P P P P P P P P P P P P P § 375-303(2)(a)(iv) Dwelling, live-work C[2] C[2] C[2] C C P P P P P P P P P P P P § 375-303(2)(a)(ivv) Dwelling, multifamilymulti- C[2] C[2][3] C[2][3] P P P P P P P P P P P C § 375-303(2)(a)(vvi) unit Group Living Assisted living facility C[2] C[2] C[2] C P C P P P P P P P P C § 375-303(2)(b)(i) or nursing home Community P P P P P P P P P P P P P P P P § 375-303(2)(b)(ii) residential facility Dormitory PC C C PC C PC C PC C C § 375-303(2)(b)(iii) Group living, other [8] C[2] C[2] C[2] C C C C C C C C C C C C § 375-303(2)(b)(iv) Rooming house C C C C C C C § 375-303(2)(b)(v) CIVIC AND INSTITUTIONAL USES Cemetery C § 375-303(3)(a) Club C[2] C[2] C[2] C[2] P[4] P[5] P P P P P P P P[6][7] P § 375-303(3)(b) Community center C[2] C[2] VC[2] P P P[4] P[5] P P P P P P P P[6][7] P § 375-303(3)(c) Cultural facility VC[2] VC[2] VC[2] C[2] C P[4] P[5] P P P P P P P P[6][7] P P § 375-303(3)(d) Day-care center C[2] VC[2] VC[2] C[2] C P[4] P[5] P P P P P P P P[6][7] P A § 375-303(3)(e) Higher education C[2] C[2] C[2] C[2] C C C P P P P P P P P[6][7] P § 375-303(3)(f) institution Hospital C C C C PC PC PC C C C C C § 375-303(3)(g) Natural area or P § 375-303(3)(h) preserve Park or playground P P P P P P P P P P P P P P P P P P P § 375-303(3)(i) Police or fire station C C VC VC PC PC P P P P P P P P P P P P PC § 375-303(3)(j) Public utility or C P § 375-303(3)(k) services, major Public utility or P P P P P P P P P P P P P P P P P P P § 375-303(3)(l) services, minor Religious institution P P P P P P P P P P P P P P P P P C § 375-303(3)(m) School C C C C C C C C C C C C C C C C § 375-303(3)(n) Stadium or arena C[2] C C A C C C A C C § 375-303(3)(o) Towers A A A A A A A A A C A A A A A A C C § 375-303(3)(p) COMMERCIAL USES Agriculture and Animal-Related Agriculture, urban C C P P A A A A A A A P A A A A A § 375-303(4)(a)(i) Plant nursery C A P P C § 375-303(4)(a)(ii) Veterinarian or kennel P A A P P P P P § 375-303(4)(a)(iii) Food and Beverage Service Bar or tavern C P P P C P P P C[6] VP V § 375-303(4)(b)(i) Restaurant C[1] C[1] C[1] C P[5] P P P P P P P P[6][7] P § 375-303(4)(b)(ii) Guest Accommodations Bed-and-breakfast C C C C P C C P[5] P P P P P P P P[6][7] § 375-303(4)(c)(i) Hotel V V V C P P P C P P P P[6][7] V V § 375-303(4)(c)(ii) Office and Services Funeral home or V C C P C V V V V V § 375-303(4)(d)(i) crematorium OfficeBeauty salon, P[1] P[1] P[1] P P[5] P P P P P P P P[6][7] P AP § 375-303(4)(d)(iii) spa or barber shop Blood plasma center C C C C § 375-303(4)(d)(ii) [9] Funeral home C C P C P § 375-303(4)(d)(iii) Laboratory or C C C C C C C C[6] P P § 375-303(4)(d)(iv) research facility Medical clinic C P P P P P P P P[6][7] P A § 375-303(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 § 375-303(4)(d)(vi) Personal or business C[1] C[1] C[1] C P[5] P P P P P P P P[6][7] P P § 375-303(4)(d)(iiivii) service Professional Office P[1] P[1] P[1] P[4] P[5] P P P P P P P P[6][7] P A § 375-303(4)(d)(viii) Trade school C P P P P P P P P[6][7] P P § 375-303(4)(d)(iv) Recreation and Entertainment Adult P § 375-303(4)(e)(i) entertainment[10] Indoor recreation or entertainment C P[5] P P P P P P P P[6][7] V V § 375-303(4)(e)(ii) Outdoor recreation or P C P C C C C[6] C C C § 375-303(4)(e)(iii) entertainment Retail Adult retail[10] C C P § 375-303(4)(f)(i) Blood plasma C C C C § 375-303(4)(d)(v) center Convenience retail[11] P[5] P P P P P P P P[6][7] P § 375-303(4)(f)(ii) General retail C P[5] P P P P P P P P[6][7] A A § 375-303(4)(f)(iii) Controlled substance C C C C P P § 375-303(4)(f)(iv) dispensary Pawn shop C P § 375-303(4)(f)(v) Specialty retail P1 P1 P1 P[4] P[5] P P P P P P P P[6][7] A § 375-303(4)(f)(viv) Supermarket P P P C P P P P[6][7] P § 375-303(4)(f)(viivi) Vehicles and Equipment Automobile wash PC A AC C C P § 375-303(4)(g)(i) Dispatch service or freight truck C A C P P § 375-303(4)(g)(ii) terminal Freight truck terminal C C P § 375-303(4)(g)(iii) Heavy vehicle and equipment sales, C P P § 375-303(4)(g)(iiiiv) rental and servicing Light vehicle sales or P C P P § 375-303(4)(g)(v) rental Light vehicle sales, P C A C P C P P § 375-303(4)(g)(ivvi) rental and servicing Parking lot, surface A A A A A A A A C A C A A A A A P P A § 375-303(4)(g)(vvii) Parking structure A A A A A A C A A P P P P P P[6][7] P P A § 375-303(4)(g)(viviii) Transit facility C P A A A A A P P § 375-303(4)(g)(viiix) Vehicle fueling station C C P A CA C C C PA PA § 375-303(4)(g)(viiix) INDUSTRIAL USES Commercial Services Crematorium C P § 375-303(5)(a)(i) Heavy commercial C C P P P § 375-303(5)(a)(iii) services Self-storage facility C P C C C C C C P P § 375-303(5)(a)(iiiii) Storage and wholesale C C P P P § 375-303(5)(a)(iiiiv) distribution Manufacturing, Production and Extraction Artisan manufacturing C P P P P P P P P[6][7] P P § 375-303(5)(b)(i) Heavy manufacturing P § 375-303(5)(b)(ii) Light manufacturing C P P P § 375-303(5)(b)(iii) Marijuana P P P § 375-303(5)(b)(iv) manufacturing facility Waste and Salvage Recycling dropoff center A A A A CA CA A A A A A A P P § 375-303(5)(c)(i) Landfill C § 375-303(5)(c)(ii) Vehicle towing, C § 375-303(5)(c)(iii) wrecking or junkyard Waste/recycling C P § 375-303(5)(c)(iv) processing facility ACCESSORY USES Accessory dwelling unit A A A A A A A A A A A A A A A A A A § 375-303(6)(a) Alternative energy generation equipment A A A A A A A A A A A A A A A A A A A § 375-303(6)(b) or facility Cabaret A A A A A A A A A A A A A A A A A A A § 375-303(6)(c) Composting of household waste A A A A A A A A A A A A A A A A A A § 375-303(6)(d) generated on site Customary accessory uses and related A A A A A A A A A A A A A A A A A A A § 375-303(6)(e) structures Day-care home A A A A A A A A A A A A A A A A A A A § 375-303(6)(f) Delivery service A A A A A A A A A A A A § 375-303(6)(g) Drive-in or drive-through facility C A A A A A A A A § 375-303(6)(h) Electric vehicle A A A A A A A A A A A A A A A A A A A § 375-303(6)(i) charging station Home occupation A A A A A A A A A A A A A A A A A A § 375-303(6)(j) Rain barrel A A A A A A A A A A A A A A A A A A A § 375-303(6)(k) Satellite dish A A A A A A A A A A A A A A A A A A A § 375-303(6)(l) Sidewalk or outdoor A A A A A A A A A A A A A A A A A § 375-303(6)(lm) cafe Storage shed A A A A A A A A A A A A A A A A A A A § 375-303(6)(mn) Swimming pool A A A A A A A A A A A A A A A A § 375-303(6)(no) Telecommunications antenna or satellite A A A A A A A A A A A A A A A A A A A § 375-303(6)(op) dish as an accessory use Trash storage, A A A A A A A A A A A A A A A A A A A § 375-303(6)(pq) outdoor TEMPORARY USES Farmers' market T T T T T T T T T T T T T T T T T T T § 375-303(7)(a) Mobile vendor T T T T T T T T T T T § 375-303(6)(b) Portable storage T T T T T T T T T T T T T T T T T T T § 375-303(6)(c) container Temporary construction office or T T T T T T T T T T T T T T T T T T T § 375-303(6)(d) yard Temporary real estate T T T T T T T T T T T T T T T T T T T § 375-303(6)(e) sales/leasing office Temporary/seasonal T T T T T T T T T T T T T T T T T T § 375-303(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] 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. Edit Number Current Language Proposed Language Type of Change Purpose §375-401(1)(b): If the provisions of this § 375-401 conflict with the provisions of § §375-401(1)(d): If the provisions of this § 375-401 conflict with the provisions of § 375-402 (Form-based zoning standards) applicable to the Relocation with no change in intent. 1 375-402 (Form-based zoning standards) applicable to the MU-FW, MU-FC, MU-FS, or Minor MU-FW, MU-FC, MU-FS, or MU-FM Zone District, the provisions of § 375-402 shall apply. No impact. MU-FM Zone District, the provisions of §375-402 shall apply. §375-401(1)(e): Any encroachments into the public right-of-way shall require §375-401(2)(b): Any encroachments into the public right-of-way shall require approval by the City and an agreement with the City that the approval by the City and an agreement with the City that the property owner(s) shall Relocation with no change in intent. 2 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 Minor accept any and all liability for accidents or damage occurring in the public No impact. related activity. right-of-way due to the encroachment or related activity. §375-401(1)(f): 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 zone districts, more than one §375-401(2)(a)(v)(c): 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 zone Relocation with no change in intent. 3 principal structure is permitted on a platted lot if each primary structure complies districts, more than one principal structure is permitted on a platted lot if each primary structure complies with all applicable dimensional Minor No impact. with all applicable dimensional standards or with the provisions of an approved standards or with the provisions of an approved district plan. district plan. §375-401(2)(b): Impervious surface. Because some areas of the City are subject to combined sewer overflows and to surface stormwater flooding, it is important that §375-401(2)(d): Impervious surface. Because some areas of the City are subject to combined sewer overflows and to surface stormwater the maximum amount of impervious surface on each lot is carefully regulated. Each flooding, it is important that the maximum amount of impervious surface on each lot is carefully regulated. Each dimensional table in Subsection dimensional table in Subsection (3) below contains maximum impervious surface (3) below contains maximum impervious surface limits designed to reduce off-site flows into the City's stormwater system by allowing a Relocation with no change in intent. 4 limits designed to reduce off-site flows into the City's stormwater system by allowing Minor significant percentage of rainfall to infiltrate into the soil on individual lots and parcels. Section 375-401(4)(a)(ii) (Low-impact development) No impact. a significant percentage of rainfall to infiltrate into the soil on individual lots and provides incentives for those developments that further reduce the amount of off-site stormwater flows through the use of low-impact parcels. Section 375-401(4)(a)(ii) (Low-impact development) provides incentives for development. those developments that further reduce the amount of off-site stormwater flows through the use of low-impact development. §375-401(2)(c): Emergency vehicle access. All buildings or groups of buildings in all §375-401(2)(e): Emergency vehicle access. All buildings or groups of buildings in all zoning districts shall be constructed with an approved zoning districts shall be constructed with an approved emergency vehicle access. Relocation with no change in intent. 5 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 Minor Access to any building or structure that does not abut a public right-of-way shall No impact. vehicle clearance of 14 feet. have a width of at least 20 feet and vehicle clearance of 14 feet. The proposed changes to the table: 1. Provide maximum permitted height in feet. 2. Reorganize existing footnotes to remove cross-references and improve readability. 3. Introduce stricter maximum height buffer of 35 feet when a structure is within 100 feet of a side or rear lot line of an abutting R-1L or R-1M zoning district or within 25 feet of a side or rear lot line of an abutting R-2 zoning district. 6 §375-401(3)(a)(i): Table 375.401.1 Residential District Dimensional Standards §375-401(3)(a)(i): Table 375.401.1 Residential District Dimensional Standards Major The first two proposed edits provide clarification and consistency for the review of structures to ensure compatibility within the blockface and the neighborhood relating to contextuality. The third edit increases height restrictions when properties are in close proximity to side and rear lot lines of properties zoned R-1L, R-1M, and R-2. While there may be some conflicts relating to existing structures in the lower density residential districts that exceed 35 feet in height, applicants can seek relief through an area variance to resolve this issue. The proposed change will also limit negative shadow impacts in side and rear yards. Based on these factors, the proposed changes will not result in any significant negative environmental impacts. §375-401(3)(a)(ii-iv): Contextual lot widths, Contextual front yards, and Contextual Content relocated to footnotes of Table 375.401.1 for improved usability and clarity. 7 §375-401(3)(a)(i): Table 375.401.1 Residential District Dimensional Standards - Notes Minor side setback in R-M District. No impact. §375-401(3)(a)(v): Residential cluster subdivisions. As an alternative to complying with the standards contained in Table 375.401.1 and Subsection (3)(a)(ii) above, a residential subdivision containing only single-family detached, two-family detached, Content was removed since it is duplicative of 375-404(8). 8 Proposed Removal Minor or townhouse dwellings may be designed as a residential cluster subdivision with lots No impact. and parcels that comply with the standards in § 375-404(7) (Residential cluster subdivision). The proposed changes to the table: 1. Provide maximum permitted height in feet. 2. Reorganize existing footnotes to remove cross-references and improve readability. 3. Allow increased building heights in MU-NE and MU-NC districts that are adjacent to districts with an allowable height of 3.5 stories or taller. 4. Adds a note referencing Design review of tall buildings in the MU-DT zoning district. 4. Introduce stricter maximum height buffer of 35 feet when a structure is within 100 feet of a side or rear lot line of an abutting R-1L or R-1M zoning district or within 25 feet of a side or rear lot line of an abutting 9 §375-401(3)(b)(i): Table 375.401.2 Residential District Dimensional Standards §375-401(3)(b): Table 375.401.2 Residential District Dimensional Standards Major R-2 zoning district. The first two proposed edits provide clarification and consistency for the review of structures to ensure compatibility within the blockface and the neighborhood relating to contextuality. The third edit increases height restrictions when properties are in close proximity to side and rear lot lines of properties zoned R-1L, R-1M, and R-2. While there may be some conflicts relating to existing structures in the lower density residential districts that exceed 35 feet in height, applicants can seek relief through an area variance to resolve this issue. The proposed change will also limit negative shadow impacts in side and rear yards. Based on these factors, the proposed changes will not result in any significant negative environmental impacts. §375-401(3)(b)(ii) has been relocated to Note 1, with the elements relating to contextual lot width removed. Similarly, §375-401(3)(b)(iii) has been removed since there was no reference to this standard requiring compliance. Through the application of the USDO, there have been instances where compliance with this provision, would not have resulted in a contextual improvement relating to setbacks and building §375-401(3)(b)(ii&iii) - Contextual setbacks in MU-NE District and Contextual lot 10 §375-401(3)(b): Table 375.401.2 Residential District Dimensional Standards Minor bulk. The proposed removal is part of a recognition that the City has a diversity of lot typologies and sizes widths that could not be fully addressed by these requirements. Based on these factors, the proposed changes will not result in any significant negative environmental impacts. The proposed changes to the table: 1. Increase the maximum number of stories in the I-1 district. 2. Provide a maximum building height in feet for the I-2 district, but removes the maximum number of stories. 3. Provides minimum dwelling unit sizes for live-work dwellings in I-1 districts. §375-401(3)(c) - Special purpose districts - Table 375.401.3 - Special Purpose District 11 §375-401(3)(c) - Special purpose districts - Table 375.401.3 - Special Purpose District Dimensional Standards. Major 4. Add a height restriction of 40 feet for structures located within 100 feet of an abutting residential zoning Dimensional Standards. district boundary. The majority of these changes realign standards to reflect new maximum height requirements in terms of stories and feet and provide additional protections to nearby residential zoning districts. Based on these factors, the proposed changes will not result in any significant negative environmental impacts. Relocation of optional District Plan relocated. While district references with the allowances have been removed, new applicability standards have been added in §375-505(8)(a) limiting the procedure to civic §375-203(6)(d)(iii); §375-204(3)(d)(iii); §375-204(4)(d)(ii); §375-204(6)(d)(v) - 12 §375-401(4) - District Plans Minor and institutional campuses owned by a single entity who own 10 or more acres of contiguous land. Optional District Plan No impact. Relocation to the following subsection and removal of the low-impact development incentive that has been suspended for the past two years. 13 §375-401(4) - Incentives and affordable housing requirements. §375-401(4) - Incentives and affordable housing requirements. Minor No impact. Reorganization to separate requirements based on particular types of setbacks and improve readability. Existing content from use-specific standards for Alternative energy equipment, wind also added as a note 14 §375-401(5) - Encroachments and exceptions - Table 375.401.4 §375-401(6) - Encroachments and exceptions - Table 375.401.4 Minor for improved usability for users. No impact. Proposed change of referring to the form-based districts as zoning districts and removing redevelopment from applicability since later language under subsection (b) limits the applicability to the construction of a new structure. Design standards relating to primary entrances have been shifted to §375-407(5), where the 15 §375-402(1)(a&b) - General Standards §375-402(1)((a&b) - General Standards Minor standards will apply for all zoning districts. No impact. Design standards relating to primary entrances have been shifted to §375-407(5)(b), where the standards will apply for all zoning districts. 16 §375-402(1)(c)(i) - Primary Entrances §375-407(5)(b) - Primary pedestrian entrance Minor No impact. §375-402(1)(c)(ii)(A): Masonry walls, whether load-bearing or veneer, should be of brick, natural stone, manufactured or cultured stone, cast stone, decorative CMU, or §375-402(1)(c)(ii)(A): Masonry walls, whether load-bearing or veneer, should be of brick, natural stone, manufactured or cultured stone, cast Subjective restriction on brick types removed. 17 products of similar quality of manufacture. Brick masonry should generally be stone, decorative CMU, or products of similar quality of manufacture. Brick masonry should generally be comprised of a standard unit size and Minor comprised of a standard unit size and height. Oversized or utility dimensions are height. Oversized or utility dimensions are prohibited. Brick masonry, and may be painted. No impact. prohibited. Brick masonry may be painted. Design standards relating to façade transparency have been shifted to §375-407(5)(d), where the standards will apply for all zoning districts. 18 §375-402(1)(c)(v) - Façade transparency §375-407(5)(d) - Façade transparency Minor No impact. §375-402(1)(c)(vii): Frontage elements are semiprivate elements of the building typically located in the area between the primary facade and the lot line. Frontage §375-402(1)(c)(vii): Frontage elements are semiprivate elements of the building typically located in the area between the primary facade and the elements may occur forward of the build-to zone or setback. In some instances, such lot line. Frontage elements may occur forward of the build-to zone or setback. In some instances, such as galleries and arcades, they may The proposed deletion removes superfluous content defining what frontage elements are. as galleries and arcades, they may encroach into the right-of-way with City approval. 19 encroach into the right-of-way with City approval. Frontage elements create the transition between the public building and the private or Minor Frontage elements create the transition between the public building and the private commercial buildings. Frontage elements establish the physical and functional relationship between the street and the private lot. The following No impact. or commercial buildings. Frontage elements establish the physical and functional are common frontage elements and the basic standards for those elements: relationship between the street and the private lot. The following are common frontage elements and the basic standards for those elements: §375-402(1)(c)(vii)(C)(2) and Figure 375.402.2: The proposed removal of the diagram in Figure 375.402.2 removes a diagram that is not representative of Shopfronts shall have an expression line between the first and second story. (See §375-402(1)(c)(vii)(C)(2): Shopfronts shall have an expression line between the first and second story. (See diagram below.) Expression lines shall every design style in form-based zoning districts and the existing requirements for expression lines 20 diagram below.) Expression lines shall either be moldings extending a minimum of 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 Minor sufficiently express the requirement. two inches outward from the primary facade, or jogs in the surface plane of the than two inches. building wall greater than two inches. No impact. §375-402(1)(c)(vii)(C)(3): The entrances to all shopfronts shall be covered, either by §375-402(1)(c)(vii)(C)(3): The entrances to all shopfronts shall be covered, either by an awning, canopy, second floorstory balcony, 21 an awning, canopy, second floor balcony, arcade/colonnade, gallery, or by being Minor Minor copyedit. No change in practices and no impact. arcade/colonnade, gallery, or by being inset into the main body of the building. inset into the main body of the building. §375-402(1)(c)(vii)(C)(8): The ground floor of a shopfront shall have untinted §375-402(1)(c)(vii)(C)(8): The ground floorstory of a shopfront shall have untinted transparent storefront windows and/or doors covering no less 22 transparent storefront windows and/or doors covering no less than 50% of the wall Minor Minor copyedit. No change in practices and no impact. than 50% of the wall area. See facade transparency for additional requirements. area. See facade transparency for additional requirements. §375-402(1)(c)(vii)(D): Stoop. A frontage element wherein the building facade is §375-402(1)(c)(vii)(D): Stoop. A frontage element wherein the building facade is aligned close to the lot line with the first story elevated from the aligned close to the lot line with the first story elevated from the sidewalk sufficiently 23 sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for Minor Minor copyedit. No change in practices and no impact. to secure privacy for the windows. The entrance is usually an exterior stair and ground-floorstory residential use. landing. This type is recommended for ground-floor residential use. §375-402(1)(c)(vii)(H)(1): Each building with a shopfront on the ground story is §375-402(1)(c)(vii)(H)(1): Each building with a shopfront on the ground story is required to have awnings, balconies, colonnades, or arcades required to have awnings, balconies, colonnades, or arcades facing the primary 24 facing the primary streets. When providing a required awning or balcony, or one that extends into a streetpublic right-of-way, the following Minor Minor copyedit. No change in practices and no impact. streets. When providing a required awning or balcony, or one that extends into a design requirements apply: street right-of-way, the following design requirements apply: Minor copyedit removing the term side street, which is not defined, and is replaced with the term §375-402(1)(c)(vii)(H)(1)(b)(iv): Balconies may have roofs but must be open toward secondary street, which is defined. 25 §375-402(1)(c)(vii)(H)(1)(b)(iv): Balconies may have roofs but must be open toward the primary and sidesecondary street. Minor the primary and side street. No change in practices and no impact. Subsections a-d have been relocated to §375-407(5)(h), where the standards apply to all zoning districts and promote strong urban design. 26 §375-402(1)(d)(ii)(A-D) - Liner Buildings §375-402(1)(d)(ii)- Liner Buildings Minor No impact. §375-402(1)(d)(iii)(A): A ground-floor shopfront must face the primary street. All §375-402(1)(d)(iii): parking shall be located in the rear of the building and accessed from a rear alley A. A ground-floorstory shopfront must face the primary street. 27 Minor Minor copyedit and separating into three distinct standards. No change in practices and no impact. when present. Drive-through windows shall be located to the side or rear of the B. All parking shall be located in the rear of the building and accessed from a rear alley when present. building. C. Drive-through windows shall be located to the side or rear of the building. 28 §375-402(1)(e) - Additional standards and guidelines for the MU-FW Zone District. §375-402(1)(e) - Additional standards and guidelines for the MU-FW Zone District.zoning district. Minor Minor copyedit. No change in practices and no impact. §375-402(2)(b): Applicability. The MU-FW, MU-FC, MU-FS, and MU-FM District §375-402(2)(b): Applicability. The MU-FW, MU-FC, MU-FS, and MU-FM Districtzoning district regulating plans are shown in § 375-204(7) through 29 Minor Minor copyedit. No change in practices and no impact. regulating plans are shown in § 375-204(7) through (10). (10). Minor reorganization of the combined and separate charts to improve ease of use. Existing requirements related to contextual setbacks have also been added to the chart for easier use. §375-402(2)(c-h): Frontage standards summary chart and separate breakouts for 30 §375-402(2)(c-h): Frontage standards summary chart and separate breakouts for individual regulating plan types Minor individual regulating plan types No change in practices and no impact. §375-403(2)(a-b): §375-403: All development and redevelopment in the City shall comply with the following standards. If the provisions of this § 375-403 conflict with the provisions of 31 a. All development and redevelopment in the City shall comply with the following standards. Minor Relocation of existing content. No impact. § 375-402 (Form-based zoning standards) applicable to the MU-FW, MU-FC, MU-FS, b. If the provisions of this § 375-403 conflict with the provisions of § 375-402 (Form-based zoning standards) applicable to all applicationsthe MU- or MU-FM Zone Districts, the provisions of § 375-402 shall apply. FW, MU-FC, MU-FS, or MU-FM zoning districts, the provisions of § 375-402 shall apply. §375-403(5)(a): Relocation of existing language, removing the exemption for LC districts, and providing an alternative in the i. Unless otherwise provided in this USDO, a sidewalk of at least five feet in width shall be installed along each street frontage. §375-403(2)(b): Except in the LC District, and unless otherwise provided in this USDO, event that a shared-use path would be a more contextual facility. ii. Each sidewalk shall align with any existing sidewalks along the street frontages of adjacent properties. a sidewalk of at least five feet in width shall be installed along each street frontage. While sidewalks/ site disturbance in LC districts is not always appropriate, the proposed requirement limits 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 Each sidewalk shall align with any existing sidewalks along the street frontages of disturbance to the City right-of-way and would be able to improve pedestrian connections between 32 unobstructed by utility poles, fire hydrants, planters, utility boxes, dining furniture, signs, benches or any other temporary or permanent Minor adjacent properties. At least four feet of sidewalk width shall be maintained free of properties. structures. obstacles to free pedestrian passage, including but not limited to planters, hydrants, 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 utility boxes, dining furniture or enclosures, light poles, and signs. Based on these factors, the proposed action would not result in any significant negative environmental 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 impacts. greater, instead of installing a sidewalk to comply with §375-403(5)(a)(i). The proposed change expands the applicability of this minor provision to all walkability programs in the §375-403(2)(e): Where the City or another entity is implementing a federally funded City. Since redevelopment has been folded into the definition of development, the removal of the word program in support of walkability, and that program includes a sidewalk, walkway, or §375-403(3)(ed): Where the City or another entity is implementing a federally funded program in support of walkability, and that program "redevelopment" will not change how the requirement is applied. 33 trail adjacent to the boundaries of a development or redevelopment involving includes a sidewalk, walkway, or trail adjacent to the boundaries of a development or redevelopment involving residential uses, the project Minor residential uses, the project design shall allow citizens to access the route in a design shall allow citizens to access the route in a convenient and relatively direct manner Based on these factors, the proposed change will not result in any significant negative environmental convenient and relatively direct manner. impacts. §375-403(3)(g): Each new street shall be designed to incorporate stormwater retention, detention, and/or infiltration features to the maximum extent practicable in order to reduce combined sewer overflows during heavy rainfall events. §375-403(3)(h): 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). §375-403(9)(a)(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. §375-403(3)(i): 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 §375-403(9)(a)(v): Street signs shall be installed at each new street intersection and at each point at which a subdivision street meets an existing Relocation and rephrasing of existing standards. the subdivision, and along each subdivision street at a maximum spacing of 250 feet, 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 34 Minor unless otherwise determined by the Planning Board during subdivision review based Traffic Control Devices (MUTCD). No impact. on considerations of automobile, bicycle, and pedestrian safety. §375-403(9)(a)(vi): All subdivisions that include a new street shall provide street lights at each access point to the existing street network, at each § 375-404(8): Storm sewers and drainage. The developer shall install, at the street intersection within the subdivision, and along each subdivision street at a maximum spacing of 250 feet, unless otherwise determined by developer's expense, all site features and infrastructure necessary to retain, detain, the Planning Board during subdivision review based on considerations of automobile, bicycle, and pedestrian safety. 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. "Developer's expense" shall include the design and inspection of site features. All stormwater site features and infrastructure shall comply with: a. The City's adopted design, engineering, and construction standards; and b. The requirements of the FP-O and CS-O Districts, if applicable. §375-403(3)(e): All sites shall be designed with required emergency vehicle access that complies with the provisions of § 375-401(2)(c) Minor addition of reference to existing standards. 35 Minor (Emergency vehicle access). No impact. §375-403(2)(f): These standards shall apply to all form-based districts unless addressed within the form-based standards, in which case the form-based standards shall apply. §375-403(4) Standards applicable on platted lots in certain districts. The following §375-403(4): Form-based district street hierarchy. The following standards shall apply to all form-basedplatted lots in the MU-FW, MU-FC, MU- standards apply to platted lots in the MU-FW, MU-FC, MU-FS, and MU-FM Zone FS, and MU-FM zoning districts. Districts. a. On parcels with multiple frontages, a street hierarchy will determine the highest priority (primary) street frontage where the front build-to a. Street hierarchy. On each parcel that has multiple street frontages, a street zone or setback shall apply. Along the lower priority frontages, the side or rear (secondary) build-to zones or setbacks shall apply. unless Relocation of existing standards into new consolidated section. 36 hierarchy will determine the highest priority (primary) street frontage where the Minor addressed withinThe designated street hierarchy for the form-based standards, in which casedistricts is as follows: [Image] No impact. front build-to zone or setback shall apply. Along the lower priority frontages, the side b. Potential new street/thoroughfare connections are identified on the form-based standards shall apply. district regulating plans. The precise or rear (secondary) build-to zones or setbacks shall apply. The designated street location and alignment of new thoroughfares may be adjusted to allow flexibility in the design of the development plan, but the number of hierarchy for the form-based districts is as follows: connections provided to surrounding parcels shall not be reduced. § 375-403(4)(b)(i): Potential new street/thoroughfare connections are identified on the MU-FW, MU-FC, MU-FS, and MU-FM 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. Relocation of existing language that expands applicability to all residential and special purpose districts and §375-407(5)(d): In the R-M, R-V, and mixed-use districts, each property with a street allows for either the Chief Planning Official or the Planning Board to waive the requirement. §375-403(5)(b): frontage of 50 linear feet or more shall install at least one bench, bicycle rack, 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 planter, trash receptacle, or piece of public art per 50 feet of street frontage or part The addition of the Chief Planning Official being able to waive the requirement resolves issues for smaller public art per 50 feet of street frontage or part thereof. 37 thereof, unless the Planning Board waives that requirement based on expected Minor applicants who do not have the ability or it is not practical to apply this requirement, having to be elevated volumes of pedestrian use, site constraints, or potential maintenance issues. Any to a Planning Board or Board of Zoning Appeals review to be granted relief. 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 items placed in the public right-of-way shall require prior approval of the City to safety are protected. ensure that clear pedestrian passages and public health and safety are protected. Based on these factors, the proposed change will not result in any significant negative environmental impacts. §375-403(5)(b)(ii): Curb cuts serving driveways used to access individual single-family detached, two-family detached, and townhouse residential lots shall not exceed 12 feet in width. Once the driveway extends into the lot beyond the sidewalk, it may widen to a driveway/parking area that complies with § 375-405(4)(c) (Parking restrictions). §375-403(5)(b)(vi): Where alleys provide rear access, no curb cuts, driveways, or access shall be permitted from the front. §375-403(5)(c)(i): Direct access to a lot containing a primary structure or group of structures shall not be from a local street, but shall instead be from an alley or an Creation of new section to describe the process for a right-of-way access approval and design standards for arterial or collector street, unless no practicable alternative exists. new openings to reduce traffic conflicts/promote more comprehensive access management. Proposed §375-403(5)(b)(v): Location and spacing of access points to individual lots containing edits provide a minimum required distance from intersections for new right of way access points, allow for residential uses shall comply with the standards in the City's adopted design, the Chief Planning Official to require cross-connection easements between properties to improve traffic engineering, and construction standards. safety, allow for flexibility in street opening widths for properties/uses with multiple-axle vehicles based on §375-405(5)(c)(i): All parking shall be accessed from rear alleys where they exist (See supporting documentation necessitating the minimum required width, and providing simpler charts to view 38 §375-403(6): Right of way access Major Figure 375.405.2.) and/or from side streets if the lot is located on a corner in all existing standards on permitted access points for residential and other uses, along with width allowances districts except MU-CH. If no rear alley or side street exists, efforts should be made based on single- and double-lane access. to demonstrate an attempt to gain access across neighboring properties. In MU-NE and MU-NC Districts, side parking shall be no wider than the double-loaded These changes aim to improve traffic safety for all modes and increased ability to tailor access to meet maximum (60 feet). needs of specific properties, corridors, and neighborhoods.Based on these factors, the proposed change §375-405(5)(c)(ii): When access to rear parking must be directly from the primary will not result in any significant negative environmental impacts. street, driveways shall be located along the sides of the lot lines (See Figure 375.405.2.) and designed to meet the access driveway widths set forth in Subsection (5)(e) below. § 375-405(5)(c)(iii): The Planning Board, through development plan review, may require cross-connection easements and connections to adjoining parking lots or commercial parcels. § 375-203(6)(d)(i)(A): No parking garage shall be located within 50 feet of a boundary with an R-1L, R-1M, R-2, or R-T District. §375-204(4)(d)(i)(B): No local street adjacent to or passing through an R-1L, R-1M, R-2, or R-T District shall §375-403(5)(c)(iii): Where bemore used to access than four aprimary parkingstructures garage or are a parking locatedlotoncontaining a lot, more internalthan 100 vehicle streets spacesshall or driveways in the beMU-CH locatedDistrict. to allow vehicle access between §individual 375-204(6)(d)(i)(D): No local primary buildings and street adjacent parking areas to to or passing avoid through the need an R-1L, to use publicR-1M, R-2, or R-T District shall be used to access a parking garage or a parking boundary streets to move between different buildings or areas of the development lot containing more site. than 100 vehicle spaces in the MU-CI District. Relocation of existing standards that previously only applied in mixed-use districts to apply in all zoning §§ 375-403(5)(c)(ii): 375-403(5)(c)(iv):Driveways Where more to athan lot containing one primary a primary structurestructure oron is located group a lot,of districts. While this requirement has expanded applicability, the requirements will improve pedestrian 39 structures shall notorexceed 20 feet §375-403(7): Site circulation and connectivity Minor internal sidewalks walkways shallinbe width. located to allow pedestrian access between access throughout properties in the City. Based on this, the proposed action will not result in any significant individual principal buildings and parking areas and from individual principal negative environmental impacts. buildings to the closest sidewalk along the boundary of the lot. §375-403(5)(c)(vi):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. §375-405(3)(e)(iv): The Chief Planning Official may require a traffic study, including an analysis of impacts to transit, to be performed by a licensed professional engineer §375-403(8): Traffic Study. The Chief Planning Official may require a traffic study, including an analysis of impacts to transit, to be performed by a or traffic consultant, and a transportation demand management agreement, when licensed professional engineer or traffic consultant, and a transportation demand management agreement, when the application is for a project the application is for a project that: that a proposed development meets one or more of the following conditions: A. Contains more than 20 dwelling units; and/or A.(i) Contains more than 20 dwelling units; and/or B. Contains more than 25,000 square feet of nonresidential gross floor area; and/or Relocation of existing standard with no change in practices or intent. 40 B.(ii) Contains more than 25,000 square feet of nonresidential gross floor area; and/or Minor C. Is located on an arterial street; and/or No impact. C.(iv) Is located on an arterial street; and/or D. Is located on a collector street that has experienced peak hour traffic congestion; D.(v) Is located on a collector street that has experienced peak hour traffic congestion; and/or and/or E.(vi) The Chief Planning Official determines may otherwise have an adverse impact on traffic congestion or traffic safety in the surrounding area. E. The Chief Planning Official determines may otherwise have an adverse impact on F.(iii) If the proposal exceeds the parking minimum by more than 10%. traffic congestion or traffic safety in the surrounding area. F. If the proposal exceeds the parking minimum by more than 10%. §375-404(1): Applicability. The standards in this § 375-404 shall apply to land in all §375-404(1): Applicability. The standards in this § 375-404 shall apply to land in all zoneing districts whenever land is subdivided or resubdivided, zone districts whenever land is subdivided or resubdivided to create or change the Copyedit with no change in intent or practices. adjusted, consolidated or otherwise modified to create or change the boundaries of parcels for development or redevelopment, and when two 41 boundaries of parcels for development or redevelopment, and when two or more Minor or more platted lots are consolidated to create a larger parcel for development or redevelopment, unless exempted by another provision of this platted lots are consolidated to create a larger parcel for development or No impact. USDO. redevelopment, unless exempted by another provision of this USDO. § 375-404(2)(a): Each subdivision shall be consistent with the adopted Comprehensive Plan and shall comply with all applicable standards in this USDO for § 375-404(2)(a): Each subdivision shall be consistent with the adopted Comprehensive Plan and shall comply with all applicable standards in this 42 Minor Minor copyedit. No change in practices and no impact. properties located in the zone district where the property is located, as shown on the USDO for properties located in the zoneing district where the property is located, as shown on the official Zoning Map. official Zoning Map. §375-404(3): Avoidance of sensitive areas. All subdivisions shall be designed to avoid §375-404(4)- Avoidance of sensitive areas. the placement of development lots on sensitive lands, including but not limited to 43 a. All subdivisions shall be designed to avoid the placement of development lots on sensitive lands, including but not limited to areas within the Minor Relocation and minor copyedit. No change in practices and no impact. areas within the FP-O District, Normans Kill stream corridors, wetlands, steep slopes, FP-O Floodplain Overlay District, NK-O Normans Kill Overlay District, stream corridors, wetlands, steep slopes, and rock formations. and rock formations. §375-404(3)(a)(i): Each applicant for subdivision or resubdivision of a land area of five acres or more, either alone or contiguous with another subdivision by the same § 375-404(3)(a)(i): Each applicant for proposed subdivision of a land area of five acres or more, either alone or contiguous with another 44 Minor Minor copyedit. No change in practices and no impact. applicant, shall first prepare a land analysis map identifying sensitive lands to be subdivision by the same applicant, shall first prepare a land analysis map identifying sensitive lands to be protected from development. protected from development. The proposed change would allow for pedestrian crossings that can be provided with limited or no §375-404(3)(b)(iii): Street crossings of sensitive land areas are minimized to the subgrade disturbance, and have smaller impacts compared to automobile crossings. 45 §375-404(4)(b)(iii): Street Vehicular crossings of sensitive land areas are minimized to the maximum extent practicable. Minor maximum extent practicable. No impact. §375-404(4)(b): All lots shall comply with all requirements of this USDO for the zone §375-404(5)(b): All lots shall comply with all requirements of this USDO for the zoneing district(s) and any overlay district(s) in which the property 46 district(s) and any overlay district(s) in which the property is located, as those Minor Minor copyedit. No change in practices and no impact. is located, as those requirements may be adjusted by other provisions of this USDO. requirements may be adjusted by other provisions of this USDO. §375-404(5): Streets, alleys and sidewalks. The subdivision shall comply with those standards applicable to the subdivision of land in § 375-403 (Access, circulation, and connectivity). §375-403(3)(a): 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. §375-403(3)(b): In portions of the City where adjacent blocks contain alleys, alleys with the same orientation and alignment shall be included in the subdivision design. §375-403(5)(a)(i): All thoroughfares shall connect to other streets. Existing related standards have been consolidated and moved to a new section titled "Design of streets, alleys and sidewalks". While some minor copyedits have been made, the proposed language would not § 375-407(5)(c): The design of each streetscape zone shall comply with the 47 §375-404(6) - Design of streets, alleys and sidewalks. Minor result in a change of practices or intent. dimensions shown in Table 375.407.2 to the maximum extent practicable. Based on these factors, the proposed edits will not result in any significant negative environmental impact. § 375-403(5)(a)(x) - Alleys §375-403(5)(a)(ii): Culs-de-sac and T-turnarounds are not permitted. §375-403(5)(a)(iii): Dead-end streets are only permitted when the adjacent property has not been developed or redeveloped. §375-403(5)(a)(v): Where possible, there shall be parking lanes that can be used for on-street parking, dropoff areas, valet stands, or bus stops. §375-403(5)(a)(vi):On-street parking lanes shall not be closer than 20 feet to intersections measured from the intersecting lot lines. The proposed change more explicitly allows an applicant to pay for natural areas to be conserved and §375-404(6)(a): If a new subdivision will contain more than 20 residential dwelling §units, 375-403(5)(a)(ix) - Curbofradius allows for the use of multiple areas that serve as open space to meet this requirement. The increased or a resubdivision land will increase the residential density of the §375-404(7)(a)(i): If a new subdivision will contain more than 20 residential dwelling units, or a resubdivision of land will increase the residential flexibility recognizes that site constraints may require multiple avenue s to meet the intent of this subdivision by more than 20 dwelling units, the developer shall either donate land or 48 §make 375-403(3)(c): 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 Minor requirement. a paymentAtomaximum of the the City for 30 lots or unitsofshall provision openbespace permitted to be the benefitting accessed from a single point of ingress/egress unless conservation of natural areas or the provision of open space areas benefitting the subdivision. subdivision. This requirement does not applyotherwise authorized to residential clusterby the City Fire subdivisions Department. Given that the proposed change would increase options to preserve natural areas and open space, the created under § 375-404(7). proposed change would not result in any significant negative environmental impacts. § 375-403(3)(d): Each street or continuation of a street designated for an on-street §375-404(7): Residential cluster subdivision. As provided in § 37 of the General City bicycle route in the City's Bicycle Master Plan shall be designed to incorporate a Law, and as an alternative to compliance with the dimensional standards of § §375-404(8):Residential cluster subdivision. As provided in § 37 of the General City Law, and as an alternative to compliance with the dimensional bicycle route complying with the City's adopted design, engineering, and 49 375-401, a residential subdivision containing only single-family detached, two-family standards of § 375-401, a residential subdivision containing only single-familyunit detached, two-familyunit detached, or townhouse dwellings Minor Minor copyedit. No change in practices and no impact. construction standards. detached, or townhouse dwellings may be designed as a residential cluster may be designed as a residential cluster subdivision that complies with the standards in this § 375-404(7). subdivision that complies with the standards in this § 375-404(7). § 375-403(3)(e): All streets shall be designed to comply with the Albany Complete Streets Policy and Design §375-404(7)(b)(ii): Manual and The subdivision the shall Administrative contain Manual, as only single-family those detached documents may be amended or replaced over time, using the street type most §375-404(7)(b)(ii): The subdivision shall contain only single-family detached dwellings, two-family detached dwellings, and/ or townhouses in 50 dwellings, two-family detached dwellings, and/or townhouses in clusters of not more Minor Minor copyedit. No change in practices and no impact. applicable to the proposed uses in the area being subdivided, as determined by the clusters of not more than five units. than five units. Chief Planning Official. In addition, new subdivision streets shall incorporate those §375-404(7)(b)(v): street elements and Minimum lot widths streetscape and sizes and sidewalk otherwise elements applicable listed in the in the Albany §375-404(7)(b)(v): Minimum lot widths and sizes otherwise applicable in the zonezoning district where the property is located may be adjusted 51 zonezoning districtPolicy Complete Streets where the property Design Manual is located and may be adjusted Administrative Manualdownward to to the maximum Minor Minor copyedit. No change in practices and no impact. downward to allow the number of lots permitted by § 375-404(78)(b)(iv) above. allow degreethe number of lots permitted by § 375-404(78)(b)(iv) above. practicable. Consolidation of similar standards together and removal of redundant language. § 375-403(3)(f) 52 §375-404(8-11) §375-404(9) Utilities and infrastructure. Minor No impact. §375-405(1)(b)(ii): When the gross floor area of an existing primary structure on a §375-405(1)(a)(ii): Building expansion. When the gross floor area of an existing primary structurebuilding on a site not otherwise exempt from site not otherwise exempt from these regulations is expanded by more than 25% of these regulations is expanded by more than 25% of the existing gross floor area, then the requirements of this section shall apply to increase 53 the existing floor area, the requirements of this section shall apply to the expansion Minor Minor copyedit. No change in practices and no impact. parking to accommodate the area of expansion area (not the entire building). Smaller expansions do not require additional expanded parking area (not the entire building). Smaller expansions do not require additional areas. expanded parking areas. §375-405(1)(b)(iii)(A): When a change of a permitted use or approved conditional use resultsuse would result in an increase in the required number of off-street §375-405(1)(a)(iii):When a change of a permitted use or approved conditional use resultsuse would result in an increase in the required number parking ofby more than 50% aboveof that required for the prior use, the of off-street parking ofby more than 50% aboveof that required for the prior use, the requirements of this section shall apply to the increase in 54 Minor Minor copyedit. No change in practices and no impact. requirements of this section shall apply to the increase in required parking (not to required parking (not to any shortage of required parking related to the previous use). Other changes of use do not require expanded parking any shortage of required parking related to the previous use). Other changes of use areas. do not require expanded parking areas. §375-405(1)(b)(iii)(B): The provisions of Subsection (1)(b)(iii)A above do not apply to any change in use in a multitenant commercial, mixed-use, or industrial building §375-405(1)(a)(iv)(b)(iii):A change in use is proposed in a multitenant commercial, mixed-use, or industrial building larger than 50,000 square feet Relocation of existing standard with no change in practices or intent. 55 larger than 50,000 square feet in gross floor area unless the Chief Planning Official 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 Minor No impact. determines that the change of use is likely to create a significant increase in parking in any surrounding residential neighborhood. on-street parking in any surrounding residential neighborhood. §375-405(1)(d) - Existing parking. (i) An existing use as of June 1, 2017, which does not meet the minimum standards provided in this section, shall be deemed a preexisting use not subject to the §375-405(1)(iv): Off-street parking spaces provided prior to adoption of this USDO shall not be permanently reduced in any way that would bring provisions of this section. Copyedit that removes duplicative language relating to legal nonconformities. 56 the property or use out of conformance with this section or would increase the degree of any existing nonconformity with the provisions of this Minor (ii) Off-street parking or loading spaces provided prior to June 1, 2017, shall not be No impact. section. 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. The Minimum Required Off-Street Parking Table has been relocated and reorganized to improve usability. The table has separated automobile parking requirements from bicycle parking requirements, which are provided in Table 375.405.5. Additionally, 115% maximums previously referenced in § 375-405(2)(b) for surface parking have been transferred into the table and apply to both surface parking spaces and parking spaces located in parking structures. This change has the potential to reduce overall negative environmental impacts related to VMTs. §375-405(2)(a) - Table 375.405.1 - Minimum Required Off-Street Parking One of the more noticeable changes to the parking requirements is that the maximum number of parking 57 §375-405(2)(b): Maximum parking permitted. Surface parking spaces shall not §375-405(1)(c) - Table 375.405.1 - Minimum Required Off-Street Parking Minor spaces allowed for lower-density residential uses is labeled as "N/A". The reasoning behind not placing exceed 115% of the minimums required in Table 375.405.1 (Minimum Required maximums for these uses is that there are a range of automobile usages for these types of properties and Off-Street Parking). existing language that will be retained limiting the size of driveways, surface area dedicated to parking areas and maximum permitted impervious lot coverage, already restrict the amount of on-site parking that can be provided. Based on the anticipated impact of these changes, the proposed edits will not result in significant negative environmental impacts. §375-405(2)(f)(i)(A): For new development located within 1/4 mile of any transit stop, the minimum number of off-street parking spaces required The proposed copyedit transfers the existing requirement into a list format and introduces an additional § 375-405(3)(a): Proximity to transit. The minimum number of off-street parking shall be reduced by the following amounts: adjustment of 10% for transit stops that have a cumulative peak frequency of 15 minutes or better (i.e., spaces required for new development or redevelopment shall be reduced by 20% if The overall gap between two or more routes at a transit stop is 15 minutes or less). the proposed development or redevelopment is located within 1/4 mile of any 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 transit stop with a peak service frequency of 15 minutes or better. Maximum parking better; or The proposed 10% reduction of required off-street spaces is in recognition that while not every project is limits shall remain as stated in § 375-405(2)(b). No development approved with this within 0.25 miles the few routes that have a peak frequency of 15 minutes or better, there are stops with a 58 parking reduction shall be considered nonconforming if the bus or transit line is later 2. 10% reduction in the total number of required spaces where the transit stop serves routes having a cumulative average peak service frequency Minor number of routes that travel to similar locations and can sometimes replicate similar benefits of one route relocated, or if peak frequency headways are raised above 15 minutes, and the of 15 minutes or better. with more frequent service. Given that there are not always overlaps in the stops served, the adjustment is number of parking spaces provided for that use does not meet the minimum smaller to show that reliance on other modalities may be needed. requirements of Table 375.405.1. The Planning Department shall maintain a map of §375-405(2)(f)(i)(C):No development approved with this parking reduction shall be considered legally nonconforming if the bus or transit line is areas within the City that qualify for the proximity to transit exemption described in later relocated, or if peak frequency headways are raised above 15 minutes, and the number of parking spaces provided for that use does not Based on these factors, the proposed change will not result in any significant negative environmental this section. 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 impacts. proximity to transit exemption described in this section. §375-405(3)(b): Shared parking. Where two or more uses listed in Table 375.302.1 (Permitted Use Table), share a parking lot or structure, the total off-street automobile parking requirement for those uses may be reduced by the factors shown in Table 375.405.2 below. To calculate the shared parking reduction, add the requirements for each use category, then divide the sum by the factor indicated in Table 375.405.2. If more than two uses share a parking lot or structure, this adjustment is made for the two uses with the largest off-street parking requirements, and any parking requirements for additional uses shall be added to that adjusted requirement without further adjustment. §375-405(2)(f)(ii): Shared parking. Where two or more uses listed in Table 375.302.1 (Permitted Use Table), share a parking lot or structure, the Minor copyedits and removal of duplicative language on how to calculate the shared parking reduction. total off-street automobile parking requirement for those uses may be reduced by the factors shown in Table 375.405.2 below. To calculate the Minor changes have been made to Table 375.405.2 splitting up uses that were previously lumped together, Table 375.405.2 - Shared Parking Reduction shared parking reduction, add the requirements for each use category, then divide the sum by the factor indicated in Table 375.405.2. If more but the shared parking reductions have remained the same. Example calculation language has been moved 59 than two uses share a parking lot or structure, this adjustment is made for the two uses with the largest off-street parking requirements, and any Minor into Table 375.405.2. § 375-405(3)(b)(i): Example calculation: Shared parking proposed between a 60,000 parking requirements for additional uses shall be added to that adjusted requirement without further adjustment. square-foot school (civic and institutional use) and a 12,000 square-foot indoor No impact. recreation or entertainment facility (recreation use) would be calculated as follows: Table 375.405.2 - Shared Parking Reduction A. Sixty thousand square feet school: standalone parking requirement: 1 space per 750 square feet of gross floor area equals 80 spaces. B. Twelve thousand square foot indoor recreation or entertainment facility: standalone parking requirement: 1 space per 300 square feet of gross floor area equals 40 spaces. C. Shared parking calculation: 120 spaces divided by 1.2 (from table) equals 100 spaces. §375-405(2)(f)(iii): On-street parking. In any mixed-use or special purpose zoning district, the credit. §375-405(3)(c): On-street parking. In any mixed-use or special purpose zoning district, the minimum amount of off-street parking otherwise required by this § A. The minimum amountnumber of off-street parking spaces otherwise required by this § 375-405 shall be reduced by the number of legalsigned, 375-405 shall be reduced by the number of legal on-street parking spaces located unmetered on-street parking spaces located along the street or streets on which the subject property fronts. Such area shall be, as measured along the street or streets on which the subject property fronts. Such area shall be between extensions of the side or rear lot lines of the subject property as extended into the public right-of-way. measured between extensions of the side or rear lot lines of the subject property as 60 extended into the public right-of-way. Credit against minimum required off-street Minor Minor copyedit. No change in practices and no impact. 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 parking shall only be given for an on-street space if at least 50% of the length of the space, measured along the curb, is located between such side or rear lot lines as extended. Such on-street parking spaces shall not be calculated on-street space, measured along the curb, is located between such side or rear lot towards the maximum parking limits in § 375-405(2)(b). No on-street parking space may be signed or otherwise restricted for the use of the lines as extended. Such on-street parking spaces shall not be calculated towards the subject property. maximum parking limits in § 375-405(2)(b). No on-street parking space may be signed or otherwise restricted for the use of the subject property. C. No on-street parking space may be signed or otherwise restricted for the use of the subject property. The proposed changes provide some minor copyedits and shift the off-site parking limit to a measurement §375-405(3)(d)(i): In the mixed-use zoning districts, as an alternative to providing §375-405(2)(f)(iv)(A):Where allowed as a permitted or conditional use in Table 375.302.1 (Permitted Use Table), and as an alternative to that is less subjective to calculate/provides a more realistic alternative for users of a site. on-site parking, required parking spaces that are not required to be provided on-site providing required on-site parking, required parking spaces that are not required to be provided on-site by the Americans with Disabilities Act or 61 Minor by the Americans with Disabilities Act or state law may be provided at a location up state law may be provided at a location up to 1,000 feet walking distance fromwith the closest lot line being no more than 300 feet from a lot line Based on these factors, the proposed change will not result in any significant negative environmental to 1,000 feet walking distance from the development or redevelopment it serves. of the property with the development or redevelopment it serves. impacts. The proposed change clarifies that the off-site parking option should not be in use by an existing or future use to meet those parking requirements. This is reflected in existing language within the code, except for §375-405(2)(f)(iv)(B):The off-site parking for a nonresidential usespaces shall not be located in a residential zoning district unless the use for uses that do not have parking minimums/maximums. The addition will reduce administrative tracking for §375-405(3)(d)(ii): Off-site parking for a nonresidential use shall not be located in a which thewith a legally compliant parking is provided is a permittedlot or conditional use ingarage that residential district. complies with all projects that utilize this option and reduce conflicts for users of these locations. While this could 62 residential zoning district unless the use for which the parking is provided is a Minor applicable use regulations set forth within this USDO, and such spaces shall not also be credited to another use at the proposed or another theoretically increase a need for parking structures or lots, other adjustments added to the code will likely permitted or conditional use in that residential district. location. reduce the need for these lots and are unlikely to result in any significant negative environmental impacts. Previously referenced relocation of traffic study language, since traffic studies can be requested independent of an applicantentering into a transportation demand management program agreement. 63 § 375-405(3)(e) - Parking demand study. §375-405(2)(f)(v): Parking Transportation demand studymanagement program agreement. Minor Additionally, the title has been change to TDM plan to reflect that the plans are referring to multiple modes and travel vs. just parking. No impact. Removal of references related to the term "redevelopment", since redevelopment is included within the definition of "development", which is included within each of these subsections. 64 §375-405(3)(f) - Payment of fee in lieu of providing required parking. §375-405(2)(f)(vi)(C)(1;2;4) Minor No impact. §375-405(3)(g): Future parking area set-aside. Where it is unclear whether the full §375-405(2)(f)(vi) - Future parking area set-aside. 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. If a parking 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 area set-aside is requested by either the applicant or the City, the Planning Board The proposed change retains the same requirement and reorganizes the requirements into a list format. designated through development plan review process. 65 may approve a site layout that does not require all of the required parking to be Minor constructed at once, but instead provides for grassed areas to be converted to No impact. 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 parking spaces if the need for additional parking arises in the future. However, 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 stormwater and drainage requirements shall be based on full build-out of the additional parking arises in the future. However, stormwater and drainage requirements shall be based on full build-out of the parking area. parking area. Relocation of existing language. 66 §375-405(7) - Off-street loading standards. §375-405(3) - Off-street loading standards. Minor No impact. Existing on-site bicycle parking requirements previously in Table 375.405.1 have moved to Table 375.405.5. 67 §375-405(2)(a) - Table 375.405.1 - Minimum Required Off-Street Parking §375-405(4) - Bicycle parking requirement. Minor No impact. §375-405(4) - Parking Restrictions. Reordering, reorganization, and minor copyediting of existing standards. 68 §375-405(5)(h)(i): On lots in the mixed-use or special purpose zoning districts that §375-405(5)(a&b) - Parking Layout and design. Minor are adjacent to a residential zone district, parking spaces shall not be located within No impact. 10 feet of the front lot line. §375-405(5)(d): Turnaround areas. Parking areas shall be arranged with turnaround areas to permit cars to exit the area without backing onto any street or sidewalk, to the maximum extent practicable. §375-405(5)(e): Access driveways. 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. §375-405(5)(f): Marking of spaces. All parking space stalls shall be clearly marked on the pavement. §375-405(5)(g): Car stops. Car stops or other suitable devices, as determined by the Chief Planning Official, may be required to protect fencing, landscaping, and other Minor reorganization and minimal copyedits. Standards previously located in the Landscaping, screening screening devices from damage. and buffering section related to parking lot landscaping that were formerly referenced, have been 69 §375-405(5)(k): Lighting. All parking lots and garages shall comply with the outdoor §375-405(c) - Parking lot and garage design standards. Minor relocated to the section to eliminate cross-reference. lighting standards in § 375-408. §375-405(5)(l): Snow storage. All surface parking lots shall provide a snow storage No impact. area sized to accommodate expected snowfall and located to ensure that fencing, landscaping, and other screening devices are protected from damage. §375-405(5)(b)- Off-street parking layout dimensions. §375-405(5)(i) - Surfacing and drainage. §375-405(5)(j): Landscaping and screening. All parking lots and garages shall comply with the landscaping and screening standards in § 375-406(6). §375-406(6) - Parking lot landscaping. §375-405(5)(m) - Pedestrian safety. §375-405(5)(n) - Parking garage design. Relocation and minimal copyedits/reorganization. 70 §375-405(6) - Bicycle parking standards. §375-405(8) - Bicycle parking design standards. Minor No impact. Relocation and minor change to Table 375.405.6 changing unlisted use standards to a note with same content. 71 §375-405(8) - Drive-through vehicle stacking standards. §375-405(7) - Drive-through vehicle stacking standards. Minor No impact. §375-406(2)(a): Provisions of this section shall apply as follows: i. Subsections (3) (General landscaping standards), (8) (Walls and fences), (9) (Screening of service areas and equipment), (10) (Vision clearance and public safety), and (11) (Stormwater management) apply to all development and redevelopment. ii. Subsections (4) (Street trees and lot frontage landscaping) and (5) (Side and rear Current applicability standards limit the applicability of landscaping requirements based on the size of lots lot line buffers) and related provisions of Subsection (7) (Preservation of existing and screening of parking lots based on the construction of a principal structure. These restrictions have landscaping) apply to all lots with more than 10,000 square feet of lot area. often created inequitable situations where lots can be modified to avoid requirements and surface parking iii. Subsection (6) (Parking lot landscaping) and related provisions of Subsection (7) §375-406(2)(a): This section applies to all regular and form-based districts unless explicitly stated otherwise in this section or unless expressly lots as the sole use are not required to screen, with no identifiable reason. (Preservation of existing landscaping) apply to all lots with more than 10,000 square addressed within the standards for form-based districts in which case the standards governing form-based districts shall apply to those districts. 72 feet of lot area that contain a principal structure with a principal use and that Major §375-406(2)(b): No existing development or lot shall be altered in a way that decreases compliance with the landscaping, screening or buffering The proposed edits remove these specific thresholds and in subsection b, reiterates the intent of contains: requirements contained in this section. §375-410(3)(b), to ensure that landscaping is not reduced. A. A parking area or lot used for or ancillary to a commercial, industrial or institutional use; or While the landscaping requirements will increase for future applications, the proposed change will not B.A parking area or lot for five or more vehicles that is ancillary to a residential use. result in any significant negative environmental impacts. [See § 375-406(6) below.] §375-406(2)(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. §375-406(2)(b)(iv): The principal structure is renovated or redeveloped (including but not limited to reconstruction after fire, flood, or other damage), and the value of §375-406(2)(c)(iv): The principal structure is renovated or redeveloped (including but not limited to reconstruction after fire, flood, or other Determination for whether thresholds have been met often occur prior to the submission of a building 73 that renovation or redevelopment, as indicated by the building permits, is more than damage), and the value of that renovation or redevelopment, as indicated by the building permitspermit or applications, is more than 25% of the Minor permit and other application materials are used to determine applicability. The proposed edit recognizes 25% of the actual value of the property, as indicated by City tax assessment records; actual value of the property, as indicated by City tax assessment records; or current practices, which will not result in any significant environmental impacts. or The proposed change removes content that duplicates existing content in §375-410(5)(a). §375-406(2)(d): Vacant lots shall comply with the requirements of § 151-20C (Vacant 74 §375-406(2)(d): Vacant lots shall comply with the requirements of § 151-20C (Vacant lots) of the City Code. Minor lots) of the City Code. No impact. Proposed edit reiterates content in §375-206(5)(c)(ii) for improved usability for users. §375-406(3)(vii): In the PB-O Pine Bush Overlay District, species chosen from a list of species native to the Albany Pine Bush Preserve maintained 75 §375-406(3): General landscaping standards. Minor by the Pine Bush Preserve Commission. No impact. The proposed change consolidates the descriptions for medium and large deciduous trees, since there is not a difference between the minimum size of either. Additionally, the proposed change removes small deciduous trees from the list since they are not referenced as a requirement in the USDO. 76 §375-406(3)(c) - Table 375.406.1 §375-406(3)(c) - Table 375.406.1 Minor Based on these factors, the proposed change will not result in any significant negative environmental impacts. §375-406(3)(e): Vegetative coverage. AnyExcept 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 to the greatest degree practicable.. (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. The proposed change expands upon the vegetative coverage requirement to reiterate existing landscaping D. Green roofs or any plantings more than 4 feet above grade shall not count towards this requirement. §375-406(3)(e): Vegetative coverage. Any development or redevelopment site that requirements, promote additional green space, and provide contextual exemptions in denser zoning E. Whenever possible, the vegetative requirements of this subdivision shall be consolidated to create a green space that is usable for active or triggers the requirements of this section shall ensure that landscaping, screening, districts. 77 passive recreation or communal gathering spots. Minor and/or buffering achieves at least the equivalent of 30% lot coverage by vegetated (ii) Exemptions. This vegetative requirement shall not apply to: material to the greatest degree practicable. Based on these factors, the proposed change will not result in any significant negative environmental 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 impacts. 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 §375-406(3)(g) - Low-impact development/stormwater treatment. the greatest extent practicable. §375-406(3)(g) - Low-impact development/stormwater treatment. i. On any development or redevelopment site larger than two acres, at least 25% of City staff from the Water Department and Planning Department have not enforced this requirement since required landscaped areas shall be designed and constructed to serve as stormwater i. On any development or redevelopment site larger than two acres, at least 25% of required landscaped areas shall be designed and constructed the adoption of the USDO. Additionally, the Water Department already reviews and enforces compliance infiltration and treatment facilities for stormwater falling on impervious surfaces on 78 to serve as stormwater infiltration and treatment facilities for stormwater falling on impervious surfaces on the lot or parcel. Minor with other standards to ensure that sufficient stormwater management is provided on-site or paid for the lot or parcel. in-lieu. Given these factors, the proposed removal will not result in any significant negative environmental ii. On smaller development or redevelopment sites, required landscaping shall be designed and constructed to serve as on-site stormwater impacts. ii. On smaller development or redevelopment sites, required landscaping shall be infiltration and treatment facilities to the maximum degree practicable. designed and constructed to serve as on-site stormwater infiltration and treatment facilities to the maximum degree practicable. Minor copyedits to improve readability and flow through removing redundant content for similar requirements and removing the waiver of living front yard landscaping in Mixed-Use and I-1 districts with 79 §375-406(4) - Street trees and lot frontage landscaping. §375-406(4) - Street trees and lot frontage landscaping. Minor an alternative hardscape plan. Based on the factors, the proposed edits will not result in any significant negative environmental impacts. Proposed edits to this section exempts the MU-DT zoning district from buffering requirements, given that 0-foot setbacks are a character defining element of the district, expands the buffering requirements to all properties one acre or greater in area, removes distinctions in the types of acceptable buffering for all 80 §375-406(5): Side and rear lot line buffers §375-406(5): Side and rear lot line buffers Minor districts, and minor reorganizational and copyedits to improve flow. Given that these changes are contextual to existing zoning districts and will increase the prevalence of new landscaping, the proposed changes will not result in any significant negative environmental impacts. Relocation with no change in intent or practices. 81 §375-406(6): Parking lot landscaping §375-405(c) - Parking lot and garage design standards. Minor No impact. 82 §375-406(7): Preservation of existing landscaping. §375-406(7): Preservation of existing landscaping. Minor Minor reorganization. No impact. Standards relating to the height and location of fences and walls has been moved to another section. Edits to these requirements now allow for fences up to six feet in height in corner side yards, given the number of area variance cases reviewed by the Board of Zoning Appeals, with provisions ensuring vision clearance for traffic safety. Additionally, the use of chain link fencing is proposed to be prohibited on vacant lots and lots without a principal structure, along with defining maximum permitted heights based on the front wall planes of neighboring properties. 83 §375-406(8)(b) - General standards. §375-406(8)(c) - Height and opacity. Major The proposed edits simultaneously allow fences for properties with a principal structure on a corner lot to increase in height and decrease and setback for lots without a principal structure or vacant. While these changes seem diametrically opposed, the changes reflect the results of implementing the USDO since 2017 and fence variances approved by the Board of Zoning Appeals. Through the addition of vision clearance requirements and still prioritizing the visibility of primary facades, the proposed edits will not result in any significant negative environmental impacts. 84 §375-406(9)(a) - Loading, service, and trash enclosure areas. §375-406(8)(a) -LoadingScreening of loading, service, and trash enclosure areas. Minor Minor copyedit. No change in practices and no impact. §375-406(9)(a)(i): Where a loading, service, or trash enclosure area in a mixed-use §375-406(8)(a)(i): Where a loading, service, or trash enclosure area in a mixed-use zoning district is located adjacent to a lot in a residential The proposed changes expands the requirement to screen trash enclosures adjacent to residential uses to zoning district is adjacent to a lot in a residential district or a lot containing a 85 district or a lot containingoccupied by a principal residentialuse categorized in Table 375.302.1 (Permitted Use Table) as a household living use, Minor all zoning districts. The expansion of this requirement has the potential to improve the visual character and principal residential use, the loading or service area shall be screened from the the loading or service area shall be screened from the adjacent district or residential use by: quality of the City and would not result in any significant negative environmental impacts. adjacent district or residential use by: §375-406(9)(a)(i)(B): A vegetated screen with at least 80% opacity and at least six 86 §375-406(8)(a)(i)(B): A vegetated screen with at least 80% opacity year-round and at least six feet in height at the time of planting. Minor Minor clarification. No impact. feet in height at the time of planting. §375-406(9)(a)(ii): Where a loading, service, or trash enclosure area in the I-1 or I-2 §375-406(8)(a)(ii): Where a loading, service, or trash enclosure area in the I-serving a use categorized as Industrial in Table 375.302.1 or I-2 The proposed change expands the applicability to all industrial uses that are adjacent to residential uses, Zoning District is adjacent to a lot in a residential or mixed-use zoning district or a lot Zoning District(Permitted Use Table) is located adjacent to a lot in a residential or mixed-use zoning district oroccupied by a lot containing a which will expand positive effects of landscaping. 87 Minor containing a principal residential use or a nonindustrial use, the loading or service principal residential use or a nonindustrial use,not categorized as Industrial in Table 375.302.1 (Permitted Use Table), the loading or service area area shall be screened from the adjacent district or residential use by: shall be screened from the adjacent district or residential use by: No impact. §375-406(9)(a)(ii)(B): A vegetated screen with at least 100% opacity and at least six 88 §375-406(8)(a)(ii)(B): A vegetated screen with at least 100% opacity year-round and at least six feet in height at the time of planting. Minor Minor clarification. No impact. feet in height at the time of planting. 89 §375-406(9)(b) - Roof-mounted mechanical equipment. §375-406(8)(c): GroundScreening of ground-mounted mechanical equipment. Minor Minor copyedit. No change in practices and no impact. §375-406(9)(c)(i): In the Multifamily, Mixed-Use, and I-1 Light Industrial Districts, ground-mounted mechanical equipment shall be screened from ground level view §375-406(8)(c): Ground-mounted mechanical equipment shall be screened from ground level view from adjacent properties and from all public The proposed change removes the limitation of the requirement to apply to all zoning district. The 90 from adjacent properties and from all public rights-of-way adjacent to the property 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 Minor expanded applicability will improve the visual quality of the entire City. Based on these factors, the by landscaping or by decorative wall or fence that incorporates at least one of the colors of the nearest wall of the primary structure. proposed edit will not result in any significant negative environmental impacts. primary materials and colors of the nearest wall of the primary structure. §375-406(9): Vision clearance and public safety. §375-406(10): Vision clearance and public safety. On any corner lot, no wall, fence, The purpose of the addition of the word "sight" in subsection (a) is to more accurately describe the triangle 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 structure, sign, berm, or plant growth that obstructs sight lines at elevations referenced in the standard. above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they 91 between three and six feet above the driving surface of the adjacent roadway shall Minor The addition of subsection (b) reiterates an existing requirement in §375-406(3)(d)(i). No impact. intersect, and connecting the two points to form a sight triangle. be permitted in the area formed by measuring 20 feet along both curblines where b. A minimum three-foot radius shall be provided free of trees or shrubs around fire hydrants, valve vaults, hose bibs, manholes, and fire they intersect, and connecting the two points to form a triangle. No impact. department connections. The proposed addition of these standards are based on the implementation of the USDO and issues relating to erosion and the visual impact of fencing on vacant lots. The proposed standards aim to address §375-406(10) - Undeveloped lots.: these issues to prevent increased stormwater discharge and provide more pedestrian-friendly streetscapes 92 n/a a. Undeveloped lots shall be graded and drained so that no mud or gravel is washed across a public sidewalk. Minor on blocks with screened vacant lots. b.Undeveloped lots shall be landscaped and maintained or surrounded by a fence, wall or hedge meeting the requirements of §375-406(7). The proposed changes will not result in any negative environmental impacts. §375-406(11)(b): Each application for development or redevelopment 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, §375-406(11)(b): Each application for development or redevelopment shall be referred to the Department of Water and Water Supply for a location, connectivity, and construction quality to accommodate expected flows of determination of whether the existing sanitary and storm sewer infrastructure is adequate in size, location, connectivity, and construction quality both sanitary sewer and stormwater from the proposed facility. If the Albany Removal of reference to the term "redevelopment", since redevelopment is included within the definition to accommodate expected flows of both sanitary sewer and stormwater from the proposed facility. If the Albany Department of Water and Department of Water and Water Supply determines that the existing sanitary and/or of "development", which is included in this requirement. 93 Water Supply determines that the existing sanitary and/or storm sewer infrastructure is not adequate to accommodate expected sanitary and Minor 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 stormwater flows from the proposed development, the City may require that the No impact. contribute a proportional share of the overall cost to the installation of required storm and sanitary sewer infrastructure before the proposed applicant modify the proposed development and/or install or contribute a development is approved, and the applicant may be required to pay its proportionate share of those costs. 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. §375-407(1) - Purpose.: The purpose of the standards in this § 375-407 is to ensure that new construction and significant expansions of existing buildings contribute to §375-407(1): The purpose of the standards in this § 375-407 is to: and improve the visual quality of the City, to encourage further investment in the a. Ensure that new construction and significant expansions of existing buildings contribute to and improve the visual quality of the City; 94 Minor Broke out purpose statement into a list format. No impact. City by reducing the risk of low-quality development on adjacent parcels, and to b. Encourage further investment in the City by reducing the risk of low-quality development on adjacent parcels; and create a more pedestrian-friendly street environment to encourage walking, energy c. Create a more pedestrian-friendly street environment to encourage walking, energy conservation, and public health. conservation, and public health. §375-407(3): Compatibility of infill, additions, and expansions. Infill construction, §375-407(4):Infill construction, including principal structures, accessory structures, and building additions,. New development that takes place on including principal structures, accessory structures, and building additions, shall be undeveloped lots between developed lots facing the same street and each having a principal building located within 25 feet of the lot line or designed to be no greater than the average setbacks, heights, and building bulk of where more than 50% of the lots on the block face are improved with a principal structure shall be designed as follows: buildings with similar principal uses on the same block face and the facing block face to the maximum degree practicable. Furthermore, building characteristics such as a. New principal buildings shall be designed to be no greater than the average setbacks, heights, and building bulk of buildings with similar roof pitches, gables, and the inclusion (or not) of porches, shutters, and other Broke out existing infill standards into a list format and included new construction standards relating to the principal uses on the same block face and the facing block face to the maximum degreeextent practicable. Furthermore, building exterior elements shall conform to the residential buildings on the same block face use of traditional materials. 95 Minor and the facing block face to the maximum degree practicable, in order to preserve b. Building characteristics such as roof pitches, gables, and the inclusion (or not) of porches, shutters, and other exterior elements shall conform the character of the block face. No change in practices or impact. to the residential buildings on the same block face and the facing block face and the facing block face to the maximum degreeextent practicable, in order to preserve the character of the block face. §375-407(4)(a): Building materials. Original materials shall be retained, maintained, repaired or uncovered wherever possible and to the maximum extent feasible. New c. New buildings shall be composed of materials that complement adjacent facades and are compatible with the quality and appearance of buildings and alterations shall be composed of materials that complement adjacent traditional materials. facades and are compatible with the quality and appearance of traditional materials. §375-204(1)(d)(ii) - Conversion of a residential structure for nonresidential use. Significant reorganization to clarify distinctions to standards specific to existing buildings and broader §375-204(5;7-10)(d)(ii) - Retail frontage requirement. design standards for new construction and modifications/alterations to existing structures. Existing content §375-402(1)(c)(i) - Primary entrances. §375-407(3) - Existing building standards. has been retained, with some standards expanding to more districts. These standards (Facade 96 Minor §375-402(1)(c)(v) - Façade transparency. §375-407(5) - Existing building standards. transparency, primary entrances, and retail frontage requirement) provide improved design for many §375-402(1)(d)(ii) - Liner buildings. different districts and building typologies. Based on these factors, the proposed edits will not result in any §375-407(4) - Building design standards. significant negative environmental impacts. §375-403(5)(b) - Street amenities. 97 §375-407(5) - Streetscape standards. Minor Relocation. No impact. §375-403(6)(b) - Complete streets design. §375-408(1) - Purpose. The purpose of this § 375-408 is to ensure that vehicle Purpose. The purpose of this § 375-408 is to ensure: circulation areas, pedestrian circulation areas, parking areas, public gathering spaces, a. Ensure that vehicle circulation areas, pedestrian circulation areas, parking areas, public gathering spaces, approaches to buildings, and other approaches to buildings, and other areas have adequate outdoor illumination to areas have adequate outdoor illumination to promote safety and walkability at night; to control promote safety and walkability at night; to control the negative impacts associated 98 with nuisance outdoor lighting, excessive lighting, dramatic contrasts between lit and b. Control the negative impacts associated with nuisance outdoor lighting, excessive lighting, dramatic contrasts between lit and unlit areas; to Minor Broke out purpose statement into a list format. No impact. unlit areas; to minimize objectionable light spillover onto adjacent properties; to minimize objectionable light spillover onto adjacent properties; to promoteand promote energy efficiency and high-quality lighting with excellent color rendering; and to utilize lighting to improve the nighttime aesthetics of site, landscape, and c. Promote energy efficiency and high-quality lighting with excellent color rendering; and to utilize lighting to improve the nighttime aesthetics of architectural design. site, landscape, and architectural design. §375-408(2)(a): All exterior lighting constructed or installed after June 1, 2017, shall comply with the standards of this § 375-408. This shall include but shall not be §375-408(2)(a): All exterior lighting constructed or installed after June 1, 2017, shall comply with the standards of this § 375-408. This shall Removal of current USDO adoption date and exemption for lamp replacement, given that 99 limited to new lighting and fixture/equipment replacement (but not lamp include but shall not be limited to new lighting and fixture/equipment replacement (but not lamp replacement),, whether attached to structures, Minor photometrics/lighting trespass are regulated in this section. Based on these factors, the proposed change replacement), whether attached to structures, poles, the earth, or any other poles, the earth, or any other location. will not result in any significant negative environmental impact. location. The proposed changes primarily reorganize existing content and retain content within the same section. Limitations to the hours that parking lot lights can be on has moved to §375-410(3)(i). 100 §375-408(3): Standards applicable to all development. §375-408(3): Standards applicable to all development. Minor No impact. Minor copyedits and reorganization, and expansion of requirement that lighting fixtures match from just form-based districts to all mixed-use districts. 101 §375-408(4) - Additional standards applicable to certain mixed-use areas. §375-408(4) - Pedestrian-scaled lighting required. Minor No impact. §375-409(1)(a) - Purpose.: The purpose of the regulations in this § 375-409 is to Purpose. The purpose of the regulations in this § 375-409 is to promote and protect the public health, welfare and safety by regulating existing promote and protect the public health, welfare and safety by regulating existing and and proposed outdoor signs of all types. More specifically, these regulations are intended to protect: proposed outdoor signs of all types. More specifically, these regulations are intended (i) Protect property values, create; to protect property values, create a more attractive economic and business climate, (ii) Create a more attractive economic and business climate, enhance; 102 enhance and protect the physical appearance of the community, preserve the scenic (iii) Enhance and protect the physical appearance of the community, preserve; Minor Broke out purpose statement into a list format. No impact. and natural beauty, reduce sign or advertising distractions and obstructions that may (iv) Preserve the scenic and natural beauty, reduce; contribute to traffic accidents, reduce hazards that may be caused by signs (v) Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce; overhanging or projecting over public rights-of-way, and curb the deterioration of (vi) Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way,; and curb the community's appearance and attractiveness. (vii) Curb the deterioration of the community's appearance and attractiveness. §375-409(1)(c) - Substitution.: Noncommercial content may be substituted for other §375-409(1)(c) - Substitution. Noncommercial content may be substituted for other content on any sign permitted under this § 375-409 or any 103 content on any sign permitted under this § 375-409 or any legal nonconforming sign Minor Minor copyedit. No impact. legallegally nonconforming sign under this USDO. under this USDO. §375-409(2)(a): This § 375-409 shall apply to the erection or continuation of all signs §375-409(2)(a): This § 375-409 shall apply to the erection or continuation of all signs located outside of, or located within but designed to be 104 located outside of, or located within but designed to be viewed from outside of, a Minor Minor copyedit. No impact. viewed from outside of, a structure, in all zonezoning districts, unless specifically exempted by this USDO. structure, in all zone districts, unless specifically exempted by this USDO. §375-409(2)(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 §375-409(2)(c): Notwithstanding the provisions of Subsection (2)(a) and (b) above, the provisions of this § 375-409 shall not apply to any sign 105 erected by any state or federal governmental agency, provided that the size, height, erected or required to be erected by any state or federal governmental agency, provided that the size, height, location, and type of sign comply Minor Minor copyedit to align with defined term "maximum extent practicable". No change in practice or impact. location, and type of sign comply with these provisions to the maximum degree with these provisions to the maximum degreeextent practicable. practicable. §375-409(2)(d): Any sign legally erected before June 1, 2017prior to the adoption of this USDO, that is no longer in compliance with the standards The proposed change removes the adoption date of the current USDO and will not result in any significant 106 §375-409(2)(d): Any sign legally erected before June 1, 2017, 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). Minor in this § 375-409 may be retained in use subject to the provisions of § 375-506 (Preexisting development and nonconformities). negative environmental impacts. §375-409(3)(b)(ii): Signs located within the MU-CH Zone District, subject to the 107 §375-409(3)(b)(ii): Signs located within the MU-CH Zone Districtzoning district, subject to the limitations in § 375-409(5)(a)(ii)A3; and Minor Minor copyedit. No impact. limitations in § 375-409(5)(a)(ii)A3; and §375-409(3)(e): On any corner lot, no sign that obstructs sight lines at elevations between three and six feet above the driving surface of the The purpose of the addition of the word "sight" in subsection (a) is to more accurately describe the triangle 108 adjacent §375-409(3)(e): On any corner lot, no sign that obstructs sight lines at elevations between threeroadway shallabove and six feet be permitted in the the driving area of surface formed by measuring the adjacent 20 shall roadway feet along both curblines be permitted where in the area they intersect, formed and 20 by measuring connecting the feet along twocurblines where both Minorthey intersect, and connecting the two points to form a triangle. referenced in the standard. No impact. points to form a triangle. sight triangle. §375-409(4)(d): One nonilluminated sign attached to the front facade of any primary §375-409(4)(d): One nonilluminated sign attached to the front facade of any primaryprincipal and accessory building, not exceeding one square 109 and accessory building, not exceeding one square foot in area and mounted not Minor The proposed change aligns with the defined term of "principal building". No impact. foot in area and mounted not more than 10 feet above grade. more than 10 feet above grade. §375-409(4)(e): Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose zone district and that, §375-409(4)(e): Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose 110 collectively, do not cover more than 10% of the total window area by floor of the zzonezoning district and that, collectively, do not cover more than 10% of the total window area by floorstory of the applicable structure Minor Minor copyedits. No impact. applicable structure (exclusive of any window signage or notices required under (exclusive of any window signage or notices required under federal, state, or local law). federal, state, or local law). §375-409(4)(f): Up to two temporary signs or banners. In the residential zone districts, each sign or banner shall not exceed six square feet in area, and shall not be §375-409(4)(f): Up to two temporary signs or banners. In the residential zonezoning districts, each sign or banner shall not exceed six square feet mounted more than six feet above grade. In mixed-use and special purpose zone in area, and shall not be mounted more than six feet above grade. In mixed-use and special purpose zonezoning districts, each sign or banner districts, each sign or banner shall not exceed 20 square feet in area, signs shall not 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 111 be mounted more than 10 feet above grade, and banners shall not be mounted Minor Minor copyedits. No impact. second story of the building. In all zonezoning districts, the temporary signs shall be limited to a period of six consecutive months in each above the second story of the building. In all zone districts, the temporary signs shall 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 be limited to a period of six consecutive months in each calendar year. All temporary activity to which they relate. 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. The proposed edits in Table 375.409.1: 1. Clarify that allowances are based on frontages or shopfront, which aligns with current City review/practices. Additionally, a new note has been added to the chart limiting the size of the sign to the §375-409(5)(a)(i) - Type, size, and locations : Table 375.409.1. - Type, Size, and width of the storefront, to prevent conflicts and promote a reasonable visual balance between a business 112 §375-409(5)(a)(i) - Type, size, and locations : Table 375.409.1. - Type, Size, and Locations of Signs Minor Locations of Signs and its sign, and 2. Minor copyedits. Based on these factors, the proposed changes will not result in any significant negative environmental impacts. The proposed change removes the adoption date of the current USDO and will not result in any significant 113 §375-409(5)(a)(ii)(A)(1): All new freestanding signs erected after June 1, 2017, shall be§375-409(5)(a)(ii)(A)(1): monument, post-and-panel,All new or freestandingFreestanding pole signs. signs erected after June 1, 2017, shall be monument, or post-and-panel, or pole signs. Minor negative environmental impacts. The proposed edit removes language that is duplicative of existing language in §375-410(3)(d) and retains language on how the Chief Building Official can require a sign to be removed and require a property owner 114 §375-409(5)(a)(ii)(E)- Obsolete, unsafe and unsecure signs. §375-410(3)(d) - Sign maintenance. Minor to pay for the removal of a sign. No change in intent or impact. §375-409(6) - Special on-premises sign program. : A property owner of a single property or multiple contiguous properties in the MU-CU, MU-CH, MU-CI, MU-DT, MU-FW, MU-FC, MU-FS, or MU-FM District may apply for a special sign program permit allowing for the permitted on-premises sign square footage on those properties to be allocated to different types of signs, or to signs in different locations The Special On-Premises Sign Program has raised a number of questions during the administration of the on the property than those shown in § 375-409(5). No special sign program shall USDO and creates inconsistencies in the allowances within districts. Additionally, the fact that applicants permit an increase in the total amount of signage permitted on the properties, an 115 Proposed Removal Minor were required to go through Minor Development Plan Review for a process that bears no difference to a increase in the maximum height of permitted signs, or the erection of a sign that standard sign permit review, created an inequitable process. The removal of this language will likely result would cause an increase in glare onto any property that is not included in the in fewer and smaller signs within the City, which would not result in a negative environmental impact. application. However, where a district plan is being proposed or has been approved, or where multiple primary buildings are located on a single lot, each building will be permitted signage as if it was on its own separate lot. Applications for special sign program permits shall be reviewed pursuant to § 375-505(4) (Minor development plan review). §375-409(7)(a): General provisions. This § 375-409(7) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, that General provisions. This § 375-409(76) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, 116 exceed the height, size, duration, or another physical standard in this section for an 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 Minor The proposed edit removes a reference to a removed procedure. No impact [See Edit #115.] attached sign in the zoning district where the wall or structure is located, and that do structure is located, and that do not qualify for approval through a special sign program under § 375-409(6).. not qualify for approval through a special sign program under § 375-409(6). 117 §375-409(8)(d) - Nonconforming off-premises signs. §375-409(8)(d) - NonconformingLegally nonconforming off-premises signs. Minor Minor copyedit. No impact. §375-410(1)(a): All structures, uses, and activities in all zone districts shall be used or occupied to avoid creating any dangerous, injurious, noxious or otherwise §375-410(1)(a): All structures, uses, and activities in all zonezoning districts shall be used or occupied to avoid creating any dangerous, injurious, objectionable conditions that would create adverse impacts on the residents, noxious or otherwise objectionable conditions that would create adverse impacts on the residents, employees, or visitors on the property itself employees, or visitors on the property itself or on neighboring properties. Uses and 118 or on neighboring properties. Uses and activities that operate in violation of applicable state or federal statutes or this USDO are presumed to be Minor Minor copyedit. No impact. activities that operate in violation of applicable state or federal statutes or this USDO a violation of this § 375-410 and shall be subject to the penalties of § 375-507 (Enforcement and penalties). Property owner responsibilities under are presumed to be a violation of this § 375-410 and shall be subject to the penalties this section shall include, but shall not be limited to, the following standards: of § 375-507 (Enforcement and penalties). Property owner responsibilities under this section shall include, but shall not be limited to, the following standards: The proposed change moves existing language from the R-1L, R-1M, R-2, R-T, and R-M zoning districts, while now adding the R-V district to these use-specific standards. The proposed change will now transfer all §375-203(1)(d)(i); §375-203(2)(d)(i)A; §375-203(3)(d)(i)(A); §375-203(4)(d)(i)(A); nonresidential uses that operate outside of these hours into a legal nonconforming status. Given that the 119 §375-203(5)(d)(ii)A : No nonresidential use shall operate before 8:00 a.m. or after §375-410(2)(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. Major majority of R-V districts are limited to garden-style apartment dwellings, this will likely not result in a major 10:00 p.m impact for a large number of businesses/institutions. Additionally, given that the proposed hours of operations would be decreased, the proposed change would decrease any pre-existing negative environmental impacts within the R-V districts. 120 §375-410(2)(b) §375-204(1)(d)(i)(B): No primary nonresidential use shall operate before 6:00 a.m. or after 11:00 p.m.- In the MU-NE zoning district, no nonresidential use shall operate before 6:00 a.m. or after 11:00 p.m. Minor Relocation. No impact. §375-204(2)(d)(ii)(A): 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. §375-204(3)(d)(ii): Food and beverage uses. No use categorized as a food and The proposed consolidation of hours of operations standards for mixed-use districts provides a more beverage use in Table 375.302.1 (Permitted Use Table) shall operate before 5:00 centralized location for users of the code. The proposed edits remove exemptions for this standard in the a.m. or after 2:00 a.m. MU-CI zoning district for applicants who have approved different hours of operation in a district plan and §375-410(2)(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 375.302.1 121 Major have also removed non-food and beverage related uses from this restriction in the MU-FM zoning district. §375-204(6)(d)(ii)(A): No use categorized as a food and beverage use in Table (Permitted Use Table) shall operate before 5:00 a.m. or after 2:00 a.m. Since the expansion of hours of operation in the MU-FM zoning district would be primarily limited to 375.302.1 (Permitted Use Table) shall operate before 5:00 a.m. or after 2:00 a.m., lower-intensity uses in the Civic and Institutional categories and retail categories, the proposed changes unless alternative operating hours have been approved through the district plan will not result in any significant negative environmental impacts. option in Subsection (6)(d)(v) below. §375-204(10)(d)(i)B: No primary nonresidential use shall operate before 5:00 a.m. or after 2:00 a.m. The proposed language reiterates existing language in the use-specific standards for sidewalk and outdoor cafes to improve readability for users. 122 n/a §375-410(2)(d) - Sidewalk and outdoor cafes shall be subject to the hours of operation established in § 375-303(6)(m). Minor No impact. §375-408(3)(b): Additional standards for parking area lighting. All parking lot lighting §375-410(3) - Parking area lighting. shall be turned off within one hour after the end of business closing and shall remain off until one hour before business opening. A maximum of 25% of the total 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 123 Minor Relocation. No impact. luminaires used for parking lot illumination may remain in operation during this opening. period to provide security, unless the Chief Planning Official determines that 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 additional security lighting is needed due to the nature of the use or facility. provide security, unless the Chief Planning Official determines that additional security lighting is needed due to the nature of the use or facility. 124 §375-303(3)(p)(i)(M) - Obsolete tower structures and antennas. §375-410(4) - Obsolete tower structures and antennas. Minor Relocation. No impact. §375-410(3): Compliance with other portions of the city code. All uses and activities §375-410(5):Compliance with other portions of the city code. All uses and activities shall be conducted in compliance with the requirements of 125 shall be conducted in compliance with the requirements of the following sections of Minor Minor copyedits that clarify that all City Code requirements still apply. No impact. the followingall applicable sections of the City Code, including, but not limited to: the City Code: §375-410(5)(a): Chapter 151 (Commercial Standards) including but not limited to the §375-410(5)(a): Chapter 151 (Commercial Standards) including but not limited to the provisions of §§ 151-8 (Safety and sanitation), 151-9 (Open provisions of §§ 151-13 (Appearance; general requirements), 151-14 (Landscaping), areas), 151-10 (Infestation), 151-11 (Garbage and refuse), 151-12 (Buildings and structures), 151-13 (Appearance; general requirements), 151-14 The proposed change includes additional references to relevant, existing references within the City Code. 126 151-15 (Signs and billboards), 151-16 (Windows), 151-17 (Storefronts), 151-18 Minor (Landscaping), 151-15 (Signs and billboards), 151-16 (Windows), 151-17 (Storefronts), 151-18 (Protective coating for wood surfaces), 151-19 No impact. (Protective coating for wood surfaces), 151-19 (Awnings and marquees), and 151-20 (Awnings and marquees), and 151-20 (Vacant lots). (Vacant lots). Edit Number Current Language Proposed Language Type of Change Purpose Article V details the procedures for the review and enforcement of the USDO. Proposed changes includes organizational revisions to the Procedure Summary Chart, reorganization of general and specific procedures, and changes in thresholds for applications that are reviewed 1 Article V Article V Minor through minor (administrative) development plan review and major (Discretionary via the Planning Board) development plan review. Based on the scale and type of these proposed changes, the proposed edits will not result in any significant negative environmental impacts. Edit Number Current Language Proposed Language Type of Change Purpose Article VI includes the definitions for terms used within the USDO. The first set of significant changes within Article VI are the addition of the following definitions that support new uses and descriptions within Articles I-V: 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; 1 Article VI Article VI Minor 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. Second, descriptive architectural and construction terms solely used in the HR-O and form-based districts, such as Substantial improvement, Character and Primary façade, have had their applicability broadened beyond their previously narrow scope of application to apply to all zoning districts. Finally, terms solely used in the Albany-Colonie Intermunicipal Overlay Zoning District (AC-O) and Floodplain Overlay Zoning District (FP-O) have been removed from Article VI and moved to Article II in their respective district standards. Given that the proposed changes solely relate to the relocation, minor revision, or creation of definitions of terms used within the zoning code, the proposed edits will not result in any significant negative environmental impacts. Edit Number Current Language Proposed Language Type of Change Type of Action SEQR Citation Purpose § 375-701(1)(b)(i): One- to two-family residence § 375-701(1)(b)(i): One- to two-family residence fees Minor clarification. No impact or 1 Minor Type II 617.5(c)(26) fees dwelling units change in standard practices. Minor clarification. No impact or 2 § 375-701(1)(b)(i): Base Fee Per Acre of Lot Size § 375-701(1)(b)(i): Base Fee Per Acre of Lot Size Area Minor Type II 617.5(c)(26) change in standard practices. § 375-701(2): For those new types of applications § 375-701(2): For those new types of applications created by this USDO for which an application fee created by this USDO for which an application fee has Removal or previous USDO adoption date to eliminate need to update has not been established before June 1, 2017, the not been established before June 1, 2017, the Chief 3 Minor Type II 617.5(c)(26) every single time the USDO is Chief Planning Official is authorized to charge a Planning Official is authorized to charge a fee consistent amended. No impact or change in fee consistent with § 375-504(4)(c), Application with § 375-504(4)(c), Application fees, and New York standard practices. fees, and New York State law. State law. 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 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 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. See attached Memorandum. FISCAL IMPACT(S) None. Room 202, City Hall Albany, New York 12207 CITY OF ALBANY Telephone (518) 434-5087 Fax: (518) 434-5081 N EW YOR K Commoncouncil@albanyny.gov ALBANY COMMON COUNCIL www.albanyny.gov CASE NUMBER: ZMA # 0006 ORDINANCE NUMBER: Ordinance 50.102.21 REQUEST: Amendment to Zoning Map DESCRIPTION: Zoning Map Amendment amending the zoning classification of the subject property from R-M (Multifamily) to MU-NC (Mixed-Use Neighborhood Center) SPONSOR(S): Council Member Tom Hoey DATE OF DECISION: 12/06/2021 DECISION: Approved FACTS: 1. Application documents and supplemental filings of the applicant as of the date of this decision, as evidenced in the digital record for ZMA # 0006, Ordinance 50.102.21 2. All plans, renderings, analyses and reports received as of the date of this decision, as evidenced in the digital record for ZMA # 0006, Ordinance 50.102.21 3. All written correspondence received as of the date of this decision, as evidenced in the digital record for ZMA # 0006, Ordinance 50.102.21 4. Content and testimony of the December 17, 2019 meeting(s) of the City of Albany Planning Board, as well as the corresponding workshop session(s). 5. Recommendation of the City of Albany Planning Board issued on December 17, 2019. 6. Content and testimony of the 11/15/2021, Public Hearing of the City of Albany Common Council, as well as Related meeting(s) and public hearing(s) of the Common Council in relation to Ordinance 50.102.21 FINDINGS: Based upon review of the complete record for ZMA # 0006, Ordinance 50.102.21 Common Council finds that the proposed amendment: 1. Is consistent with the Comprehensive Plan; 2. Will not conflict with any other provisions of this USDO and the Code of the City of Albany; 3. Is required by changed conditions; 4. Addresses a demonstrated community need; 5. Will improve compatibility among uses and would ensure efficient development within the City; 6. Will result in a logical and orderly development pattern; 7. Will avoid significant adverse impacts on the natural environment—including, but not limited to, water, air, noise, storm water management, wildlife, vegetation, wetlands, and the natural functioning of the environment 8. Is compatible with existing and proposed uses surrounding the subject land and is the appropriate zoning district for the subject properties and is not spot zoning 9. Would result in development that is adequately served by public facilities; and 10. It is a unlisted action Under SEQRA and that a Negative Declaration is issued VOTE: For Approval: Frederick Kimbrough Fahey Anane Farrell Against: 0 Johnson Robinson Flynn Balarin Igoe Abstain: 0 Love Conti Doesschate O’Brien Hoey NP: Not Present I, Corey Ellis, President of the Common Council of the City of Albany, hereby certify that the foregoing is a Decision of the Common Council made at a meeting thereof duly called and held on the 4th Day of October 2021 Signature: ______________________________________