Overlay districts do not change the use and
dimensional requirements of the underlying land use district unless
specifically stated in this article. They are not intended to prohibit
development but rather to assure that the siting and design of development
is sensitive to environmental and historic resources and constraints.
The purpose of the Historic Overlay District
is to recognize the importance of the Loudon Road Historic District
and the Watervliet Shaker Historic District.
Special conditions and restrictions.
A. District limits. The limits of the Airport Noise Overlay
Districts shall be the boundaries of the Year 2000 65-70 DNL and 70+
DNL noise impacts areas, as delineated in the Albany County Airport
F.A.R. Part 150 Noise Compatibility Study Record of Approval. DNL
noise levels represent a twenty-four-hour average sound level, in
decibels, averaged over a year, with 10 decibels added for noise occurring
between 10:00 p.m. and 7:00 a.m.
B. Land use and standards table. In order to protect
the public from conflicts arising due to incompatible land uses being
developed adjacent to the Albany International Airport, the uses otherwise
permitted within any district shall, when lying within an Airport
Noise Impact Overlay District, be subject to conditions and restrictions
as set forth in the land use and standards table.
C. Exempt uses. The following uses shall be exempt from
these conditions and restrictions:
(1) Existing uses. Uses existing on the effective date
of this chapter shall not be required to change in order to comply
with these regulations. The nonconforming use requirements of this
chapter shall apply to the future applicability of the standards and
requirements contained herein.
(2) Temporary uses. Temporary uses, including but not
limited to public celebrations and outdoor entertainment events, so
long as the period of operation does not exceed five days. A variance
may be requested to extend the time period for a temporary use.
(3) Temporary structures. Temporary buildings and structures
that are not used for residential purposes and which meet applicable
requirements as contained within this chapter, so long as such uses
and associated structures are constructed incidental to a permitted
use, as per the requirements of this chapter.
(4) Accessory uses and structures. Accessory uses and
structures incidental to a permitted principal structure or use and
within the intent, purposes or objectives of these regulations.
(5) Historic structures. Structures listed on the National
Register of Historic Places or on official state or local registers
of historic places may be exempt from the sound insulation requirements
of this section if they compromise the architectural or historic integrity
of the buildings.
D. Relation to existing laws, ordinances, and regulations.
This section shall not be construed to repeal the provisions of existing
laws, ordinances and regulations established by housing, building
and zoning requirements for the Town. When the underlying zoning and
the overlay zoning are in conflict or are not consistent, the most
restrictive regulations shall apply.