This chapter shall be known and may be cited as the "City of
Rensselaer, New York, Zoning Ordinance."
A.
The intent of this chapter is not to cause harm to property owners
of Rensselaer. The intent is to encourage appropriate and orderly
physical development; promote public health, safety, convenience and
general welfare; classify, designate and regulate the location and
use of buildings, structures and land for mixed use, residential,
commercial, industrial or other uses in appropriate places; and, for
said purpose, to divide into districts of such number, shape and area
as may deemed best suited to carry out these regulations and provide
for their enforcement.
B.
This chapter is one of the key mechanisms for implementing the City's
long-term planning goals which will guide development in Rensselaer
to provide a balance of uses and open space throughout the City; to
create residential neighborhoods close to recreation, employment and
shopping opportunities; and to avoid the negative impacts of uncontrolled
access and demands for inefficient expansion of public utilities.
C.
These regulations are in accordance with the City's long-term planning
goals and have been made with reasonable concern for the character
of each district and their suitability for particular uses.
For the purposes of this chapter, all terms used in the present
tense include the future tense. All terms in the plural number include
the singular number, and all terms in the singular number include
the plural number, unless the natural construction of the term indicates
otherwise. The term "person" includes a firm, association, organization,
partnership, trust, company or individual. The term "shall" is mandatory
and directory. The term "may" is permissive. The term "used" includes
the terms "designated, intended or arranged to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
Any establishment which excludes minors by reason of age
and in which there is emphasis on the presentation, display, depiction
or description of specified sexual activities or specified anatomical
areas which are capable of being seen by members of the public. Such
uses include, but are not limited to: adult bookstore, adult motion
picture theater, adult massage parlors, adult entertainment cabarets,
adult model studios, adult motels, and adult peep shows.
A narrow service street or passage less than 22 feet between
properties or buildings.
As applied to a building or structure, a change or rearrangement
in the structural parts of a building or an enlargement, whether by
extending on the front, rear or on a side, or by increasing the height,
or the moving of such structure from one location or position to another.
To temporarily secure a vessel to the bottom of water by
dropping an anchor or anchors.
A facility providing animal medical care, run by a licensed
Doctor of Veterinary Medicine (DVM). Animal hospitals allow overnight
animal patients but are not boarding facilities.
A room or suite of two or more rooms designed or used solely
as a residence in a building not used as a hotel, rooming or boarding
house or for other transient occupancy. The terms "apartment" and
"apartment building" shall not be deemed to include a hotel, motel,
automobile court, tourist home, furnished rooming house, dormitory,
boarding home, convalescent home, rest home, nursing home or other
accommodation used for transient occupancy. See "transient occupancy."
More than one apartment buildings, divided into three or
more apartments, designed or used solely for residential purposes
detached and grouped together on a single parcel.
A prominent or significant part or element of a building,
structure or site.
A yard, field or other area used to store three or more unserviceable,
discarded, worn-out or junked motor vehicles, or parts of such vehicles.
"Automobile graveyard" does not include any area used for temporary
storage, not exceeding six months by an establishment or place of
business which is primarily engaged in doing auto body repair work.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including the sale of motor vehicle
accessories and which may or may not include facilities for the painting
thereof by any means; any re-building, reconditioning or collision
services involving frame and fender straightening or repair, or any
dismantling or disassembly of frame and exterior parts is not an automobile
service station.
A movable ornamental roof-like protective cover over a door,
entrance, window or outdoor service area that projects from the face
of a structure and is constructed of durable materials, including
but not limited to fabrics and/or plastics.
A piece of cloth bearing a motto, legend or advertisement.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption during any period
of the day as permitted by law. Such an establishment is subject to
the regulatory authority of the New York State Liquor Authority. The
incidental sale or provision of food or snacks shall not entitle such
a use to be considered a restaurant under other provisions of this
Code.
An owner-occupied residence within which is rented to transient, paying customers, for a period of four or fewer continuous days, no more than four rooms, with a maximum occupancy of two persons per room, without cooking facilities in guest-occupied rooms and without food service, except meals served before 11:00 a.m. All bed-and-breakfasts are subject to regulations found in § 179-26.
An earthen mound designed to provide visual interest, screen
undesirable views and/or decrease noise.
A place where a vessel may be secured to a fixed or floating
structure and left unattended.
The water area in which vessels are berthed.
A permanent sign or structure which directs attention to
an idea, product, business activity, service, or entertainment which
is primarily conducted, sold, or offered elsewhere than upon the premises
on which such sign is located, or to which it is affixed.
The Zoning Board of Appeals of the City of Rensselaer as provided for in Article VIII of this chapter.
A combination of physical space and vertical elements, such
as plants, berms, fences or walls, the purpose of which is to separate
and screen incompatible land uses from each other and/or to protect
wildlife habitats, wetlands, stream corridors and other significant
environmental features.
The space remaining on a lot after the minimum open spaces
requirements (coverage, yards, setbacks) have been met.
Any structure of more or less permanent construction, which
is permanently affixed to the land, wholly or partially enclosed within
exterior walls and a roof affording shelter to persons, animals, property
or business activity.
A subordinate building, the use of which is incidental to
that of the principal building, and located on the same parcel or
lot (i.e., residential garage).
Any structure divided into three or more individual apartments
which share a common entrance and hallway.
That City employee within the Rensselaer Planning and Development
Agency appointed by the Mayor and charged with responsibility for
administrating and enforcing the Zoning Ordinance, as well as the
City's Building Code, Housing Code and related regulations.
A lawfully preexisting building which in its design or location
does not conform to the regulations of this chapter for the district
in which it is located.
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional business, in part or in
whole, will be classed as an office building.
A building in which is conducted the main use of the lot
on which said building is located.
Any building or structure used for municipal, civic, ecclesiastical,
recreational or other purposes not used for enterprise.
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking areas; in the case of two such perimeters, it
may be either frontage at the option of the applicant.
The vertical dimension measured from the average elevation
of the finished grade adjoining the exterior walls of a building to
the highest point of the roof for flat roofs, to the deck-line of
a mansard roof and to the average height between the plate and ridge
of a gable, hip or gambrel roof.
See "setback line," as herein otherwise described.
Multistory buildings which include both residential and commercial
uses, integrated in a compatible fashion, generally with residential
uses located on upper stories.
That permit issued by the Building and Zoning Administer
stating that the purpose for which a building or land is to be used
is in conformity with the uses permitted and all other requirements
under this chapter for the district in which it is located, and stating
that all construction, relocation or extension of buildings are in
compliance with the provisions of this chapter, § 1203.3(b)
of the New York State Uniform Code, and with New York State Fire and
Building Code and other Regulations.
That portion of the lot or parcel of land upon which a building
and appurtenances are to be placed or are already existing, including
adequate areas for sewage disposal, clearances, proper drainage, appropriate
easements, and, if applicable, the requirements of other chapters
of the Code of the City of Rensselaer.
The maximum size of a building and its location on a lot
as defined by density and dimension standards viewed as appropriate
for the specific zoning district.
A structure or partition to retain or prevent sliding of
land into the water. A secondary purpose is to protect the upland
from wave action.
See "changeable-copy sign."
The unit for measuring the maximum intensity of light energy
emitted by a directional lamp.
Any permanent awning or shelter with no support from the
sidewalk which projects from a building facade and which extends for
the entire building frontage.
See "residential care facility."
An amusement show, usually traveling from place to place,
having sideshows, Ferris wheels, merry-go-rounds, games of skill or
chance, etc.
An approval of any plans for alteration, construction, removal
or demolition of a historic structure or site within a historic district.
Official certification that a premises conforms to the provision
of the Zoning Law, Building Code, and other applicable regulations,
and may be used or occupied.
See "place of worship."
The City of Rensselaer, New York.
Premises of an organization of persons who meet periodically
to promote some nonprofit social, educational, athletic, service or
recreational objective and who cater exclusively to members and their
guests.
A nonprofit social organization whose premises are restricted
to its members and their guests.
A development pattern in which uses are grouped or "clustered"
through a density transfer within a particular development, rather
than spread evenly throughout a parcel as in conventional lot-by-lot
development.
An enclosed parcel of land, structure(s) or a combination
thereof used for the storage of machinery, equipment and nonhazardous
materials required for construction.
A change in use or occupancy of a building, generally by
alteration or by other reorganization as to increase the number of
families or dwelling units in a structure.
A small retail establishment that offers convenience goods
for sale, such as prepackaged food items, beverages, tobacco, personal
care items, and other household goods.
An open unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings.
Any building, room or area with the capacity to hold 100
or more persons and designed or utilized primarily for the presentation
to the general public of live theater, dance performances, musical
concerts, cinema, lectures, exhibits of various art forms or exhibits
of cultural, historic, academic or scientific material.
The mean street grade established by municipal code or, in
the absence of an established grade, the mean level of the existing
curb or of the lot at the street line.
A place other than an occupied residence providing or designed
to provide day care for seven or more persons on a regularly scheduled
basis for more than three but less than 24 hours per day. Also see
§ 390, 1(c) of the Social Services Law of the State of New
York.
A street or portion of a street with only one vehicular traffic
outlet.
Legal language recorded in an instrument in the chain of
title for a lot, which describes specifically limitations or restrictions
on the use of the property.
The act or process of wrecking, completely destroying or
removing an existing structure from a site.
The required land area for each dwelling unit (DU) within
a given parcel of land, such as a minimum density of 2,000 square
feet of land area for each dwelling unit.
The measure of the quantity of a particular use allowed at
a particular location. The four basic measures include dwelling units
per acre, minimum lot sizes, floor-area ratio (FAR), and maximum height
restrictions.
The Director of the Rensselaer Planning and Development Agency,
as appointed by the Mayor.
A building or structure used primarily for the storage of
goods which are intended for subsequent shipment to retail or other
commercial outlets.
See "zoning district."
A structure projecting from or along the shore into the water
of the Hudson River and including piers and wharfs used as a berthing
place for boats to load or unload.
A fixed structure projecting from or along the shore into
the water of the Hudson River that remains in the lake for more than
eight months of the year, including docks and piers used as berthing
places for boats.
A premises constructed to cater to the motoring public, whether
or not serving pedestrians as well as automobile trade, and used for
the sale to the public of any product and providing curb or window
service.
A private road, drive or roadway giving access from a public
way, road or highway to abutting grounds.
An establishment used to clean articles or goods of fabric
to be subjected to the process of dry cleaning, dyeing or stain removal.
A dry-cleaning facility includes the cleaning of fabric on site using
the dry-cleaning process.
An establishment used to collect and distribute articles
or goods of fabric to be subjected to the process of dry cleaning,
dyeing or stain removal, at an off-site dry-cleaning facility location.
A dwelling unit designed for or occupied exclusively by one
or more persons living as a single, nonprofit housekeeping unit. The
dwelling can consist of a modular home, or a lumber-constructed home
on a permanent foundation, cellar, or basement.
A building containing two dwelling units and used or intended
to be used exclusively for occupancy by two families living independently
of each other, or two single-family dwellings having a party wall
in common.
A multifamily project of single-family dwelling units, which
may consist of one or more buildings sharing party walls, wherein
the real property title and ownership are vested in an owner having
an undivided interest with others in the common usage areas and facilities
which serve the project. Administration and maintenance of common
usage areas and facilities must be provided. Although units share
party walls, each unit is situated on a different parcel of land.
A building or entirely self-contained portion thereof containing
complete, separate, independent housekeeping facilities for only one
family and having no enclosed space (other than vestibules, entrance
or other hallways or porches) or cooking or sanitary facilities in
common with any other "dwelling unit." A dormitory, motel, inn, nursing
home, fraternity, sorority or other similar building shall not be
deemed to constitute a "dwelling unit." Full kitchen and bathroom.
A self-contained housing unit incorporated within or detached from an owner occupied single-family dwelling that is clearly a subordinate part of the single-family dwelling and complies with the regulations found in § 179-33.
The authorization by property owner for use by another, for
a specified purpose, of any designated part of such property by legally
recorded instrument.
A person licensed as a professional engineer by the State
of New York.
For the purpose of determining off-street parking requirements,
the greatest number of persons to be employed or capable of employment
during any one work period during day or night.
One person, or a group of two or more persons, living and
cooking together in the same dwelling unit as a single housekeeping
entity. A roomer, boarder, lodger or occupant of supervised group
quarters shall not be considered a member of a family.
An occupied family residence providing day care for three
to six children for more than three hours per day. See § 390,
1(e) of the Social Services Law of the State of New York.
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both. The
term "fence" shall include tennis court enclosures, backstops, and
similar structures.
A drawing, in final form, containing all information or details
required by law and by these regulations to be presented to the Planning
Commission for approval and which, if approved, may be duly filed
or recorded by the applicant in the office of the City Clerk.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, or for decorative purposes.
Lots that have less than the minimum required frontage on
a public or private street, have access to a public or private street
by a narrow strip of land, and the largest portion of the lot is situated
behind adjoining lots which front on a public or private street.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The "Flood Boundary and Floodway Map" delineates
a regulatory floodway along watercourses studied in detail in the
Flood Insurance Study.
Maximum area of the floodplain that has a one-percent chance
of being flooded every year.
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.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
and Floodway Map and the water surface elevations of the base flood.
The flood elevation that has a one-percent chance of being
equaled or exceeded each year (the one-hundred-year flood could occur
more than once in a relatively short period of time).
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water; or abnormally high tidal water
or rising lake waters resulting from severe storms, hurricanes or
tidal waves.
Maximum area of the floodplain that, on the average, is likely
to be flooded once every 100 years (i.e., that has a one-percent chance
of being flooded every year). See also "flood fringe."
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works, and land use and control
measures.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
The sum of the gross horizontal area of the floor or floors
of a building as measured from the centerline of walls separating
two buildings. Floor space shared in common with other dwelling units
or used for storage purposes or the operation and maintenance of the
building shall not be included in computing floor area.
The sum of the gross horizontal area of a dwelling unit measured
from the exterior walls or from the center of a party wall, excluding
roof, cellar, and garage. "Livable floor area" shall include spaces
such as utilities rooms, bathrooms, closets, hallways, and attic space
having a clear height of at least six feet from the finished floor
level to pitch of roof rafter, with a clear height of seven feet six
inches from the finished floor level to the ceiling level over 50%
of the area of such attic space.
The ratio between total floor area permitted in any district
and the total site area. The floor area of the building considered
for the computation of floor area ratio shall be restricted to those
levels above the surface of the ground and shall not include any basement
or garage spaces under the surface. Garage facilities above the surface
shall be included in the computations. Where the ground level changes
a full story height or more along a building facade, the floor area
of such story shall be prorated in proportion to the average story
height above grade. Total site area shall be the entire site within
the property lines of any development.
That side of the lot nearest the street. A corner lot shall
be considered to have two such frontages.
See "motor vehicle service station."
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
A building or indoor space in which to park or keep a motor
vehicle which is disconnected from the primary structure and surrounded
completely or partially by open space. See also "building, accessory."
The sale of personal property conducted in or near a residence,
under cover or partially under cover or completely outside of any
building, in the open. The term shall include garage sales, lawn sales,
porch sales, patio sales, rummage sales or other similar sales which
are advertised by a sign or other means, for the public to attend.
Garage sales shall not include sales in commercially zoned areas or
industrially zoned areas of the City.
See "motor vehicle service station."
The permanently established elevation of the center line
of a street in front of the midpoint of the lot.
The elevation at which the finished surface of the surrounding
lot intersects the walls and supports of a structure.
Establishments or places of business primarily engaged in
retail sales from the premises including trees, shrubs, seeds, fertilizers,
pesticides, plants and plant materials. Such establishments typically
sell products purchased from others, but may sell material which they
grow themselves. Also referred to as a "garden center."
Any non-impervious vegetated surface.
The vertical distance measured from the mean elevation of
the finished grade along the side of the building with the lowest
finished grade to the highest point on the coping of flat roofs, to
the deck line of mansard roofs and the average height between eaves
and ridge for gable, hip and gambrel roofs, but not including chimneys,
spires, towers, elevator penthouses, tanks and similar projections.
A profession or other occupation customarily conducted within a dwelling by one or more members of the family residing therein and clearly incidental, accessory and secondary to the residential use of the property. An occupant must be the principal practitioner of the home occupation. Home occupations should not be deemed to include telecommuters. Home occupations are subject to the regulations found in § 179-25.
An establishment primarily engaged in providing temporary
residential care, room, board, supervision, information and/or referrals
to homeless persons voluntarily seeking such service.
An organization of residential property owners residing within
a particular development who contractually agree to provide, reserve
and maintain commonly owned facilities and/or open space, in accordance
with New York State law.
A building or group of buildings other than a boardinghouse
or tourist home in which there are rental sleeping rooms, and which
may also include dining rooms, kitchen serving rooms, ballrooms and
other facilities and services intended primarily for the accommodation
of patrons.
The horizontal area of ground covered by a surface through
which water cannot infiltrate, such as buildings, asphalt driveways,
sidewalks, patios, or parking areas.
The storage, repair, manufacture, preparation or treatment
of any article, substance or commodity whatsoever, including the operation
of commercial garages.
See "manufacturing, light."
See "manufacturing operations."
A commercial facility for the housing and feeding of transient
occupants, containing more than five rooms and less than 15 rooms.
The facility may have an ancillary use such as a restaurant or bar.
Includes both of the following:
Any establishment for the boarding, training, or breeding of
dogs or cats for which a fee is charged. Such establishments may include
incidental grooming or sale of pet supplies.
Any lot smaller than one acre where four or more dogs, not including
dogs under six months of age, are kept for any purpose. Owning and/or
keeping four or more dogs as described is regulated the same way as
a commercial kennel, even if it is a personal activity and is not
done for money.
That area of a site plan not consisting of structures or
pavement. Landscaped area shall consist of those areas on a site plan
that are planted, seeded or provide similar vegetative or landscaped
cover, including ponds.
Materials, including without limitation grass, ground cover,
shrubs, vines, hedges or trees and nonliving natural materials commonly
used in landscaped development.
A person licensed as a land surveyor by the State of New
York.
See "laundry, self-serve."
A business that cleans clothing or which is equipped with
individual clothes washing and drying and/or cleaning machines for
the principal use of retail customers. Use may or may not include
a dry-cleaning outlet.
A security which may be accepted as a guaranty of a requirement
that certain improvements be made before the Zoning Officer issues
a certificate of occupancy, including escrow agreements and other
similar collateral and surety agreements acceptable in form and amount
to the Municipal Attorney and Municipal Engineer and approved by the
Common Council.
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service, business or organization.
Land occupied or to be occupied by one principal building
and its accessory buildings or by a group of principal buildings that
are united by a common interest, use or ownership, together with such
open spaces as are required under the provisions of these regulations,
having not less than the minimum area and width required by this chapter.
Any change in the dimension or orientation of a lot line
not resulting in or constituting subdivision or resubdivision as defined
herein, where there is no increase in the number of lots and no reconfigured
lot is in excess of 10,000 square feet in area.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street right-of-way lines is the corner.
The aggregate percentage of the lot area covered by buildings
or structures as measured by the vertical projection to the ground
of their greatest outside dimensions excepting the three feet nearest
to the building of any cornice, open entrance hood or overhanging
roof, each of which is anchored to the building without posts.
The mean horizontal distance between the front and rear lot
lines, measured at right angles to the front lot line.
The established division line between different parcels of
property.
Any zone lot in single ownership, where the owner of said
lot does not own any adjoining property the subdivision of which could
create one or more conforming lots, which does not conform with the
minimum area and/or dimensions required in the zone district where
such a lot is situated.
The mean width measured at right angles to the front lot
line or, for wedge-shaped lots, flag-shaped lots or lots with side
boundary lines not perpendicular to the front lot line, the width
measured at the required minimum front setback.
A street that serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic-generating areas.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any sized
subdivision requiring any new street or extension of municipal facilities.
A structure consisting of a steel frame that has been partially
or entirely constructed at another location and moved onto a manufactured
home park property. Constructed under a federal building code administered
by the Department of Housing and Urban Development (HUD) that went
into effect June 15, 1976. Also commonly known as a "mobile home."
A parcel of land where two or more manufactured homes are
parked or which is planned and improved for the placement of manufactured
homes by the public.
A facility which manufactures, designs, assembles, or processes
a product for wholesale or retail from previously prepared materials,
parts, or finished products. Such operations are characterized as
lower in intensity, cleaner, and generally more compatible when located
adjacent to commercial and residential areas than are manufacturing
operations. Light manufacturing operations have limited external effects
of the manufacturing or assembly process, such as odors, vibrations,
emissions, or other nuisance characteristics through prevention or
mitigation devices and conduct of operations within the confines of
buildings. Typical items for processing, fabricating, assembly, or
disassembly under this use include but are not limited to apparel,
food, drapes, clothing accessories, bedspreads, decorations, artificial
plants, jewelry, instruments, computers, and electronic devices. Also
includes machine shops, which are buildings used for the purpose of
fabricating metal parts for various applications.
Any factory, shop, yard warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, containerizing, storage or distribution of goods, wares, commodities, parts, materials, electricity and the like. The processing, preparation and production activities customarily deal with man-made or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. "Manufacturing" shall also include the handling of any waste products and materials. These uses are likely to generate significant levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, radiation, radioactivity, poisons, pesticides, herbicides, or other hazardous materials, fire or explosion hazards, or other undesirable conditions, all of which are subject to the performance standards found in § 179-59. Manufacturing processes and treatments include but are not limited to such operations as mixing, crushing, cutting; grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.
Any arrangement of piers, slips, mooring piles, wharves or
buoys emplaced in the water and on abutting land and which is intended
to be used for the berthing, storing, mooring, securing, servicing,
repairing, selling or trading, or renting of vessels and is not a
private or community pier and mooring.
Any permanent awning or shelter with no support from the
sidewalk which projects from a building facade and which does not
extend along the entire building frontage.
The sense of bulk, size, and shape of a structure, usually
perceived by reference to the surrounding space and nearby structures
and natural features such as trees.
The maximum number of persons allowed in an assembly structure
or portion thereof as determined by the City of Rensselaer Code Enforcement
Office.
Any subdivision which contains not more than four lots fronting
on an existing street; does not include any new street or road; does
not require the extension of municipal facilities; does not adversely
affect adjacent properties; and is not in conflict with any provision
of the Comprehensive Plan and Official Zoning Map of the City of Rensselaer,
or these regulations.
A development or redevelopment that allows for more dense
development in a single structure or lot and includes a mixture of
uses, including, but not limited to, residential, commercial and industrial.
A typical mixed-use structure would have retail or offices on the
first floor and offices, residences, and/or studios on the upper floors.
See "manufactured home."
Any home constructed of pre-made parts and unit modules that
are transported on a flatbed truck from the factory to the building
site where they are permanently anchored onto a foundation. Modular
homes are subject to the local building codes where they are constructed.
Modular homes are subject to the regulations of whichever style of
home they are designed to be, i.e., single-family home, multifamily
home, etc.
Includes, but is not limited to:
A place where vessels are secured, other than a pier;
A chain, line, or other device by which a vessel is secured
in place and which is not carried aboard the vessel as regular equipment
when underway; or
The process of securing a vessel by means of chains, lines or other devices as described in Subsection B, above.
See "place of worship."
See "motor vehicle service station."
Any building, land area or other premises used for the display
or sale of new or used automobiles, motorcycles, trucks, trailers
or boats, but not including any repair work other than warranty and
other repair service conducted as an accessory use on such premises.
The on-premises repair, maintenance, improvement and general
servicing of self-propelled vehicles, including gasoline service stations,
car wash facilities, body and fender shops, self-service gas pumps
and any and all types of similar facilities, whether automatic or
attendant-managed.
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
Multifamily residential developments proposed to consist
of more than one principal building on one parcel of land.
A residential development or mixed-use development where
the primary use is residential housing.
Any room, space, or premises operated as a commercial establishment
in which eating and/or drinking takes place, where alcoholic beverages
are served subject to the regulatory authority of the New York State
Liquor Authority, and where the provision of entertainment is the
primary activity. Entertainment includes music by a live musician
or musicians, or any mechanical, electronic, or other means such as
records, laserdiscs, audio, video, or other audio or audio-visual
means, including operation as a motion-picture theater; acting, play
performances, theater performances, dinner theater, revue pantomime,
scene, dance, act, or song-and-dance act participated in by one or
more employees, guests, customers, or other person or persons; or
dancing by guests, customers, or any other person or persons. Background
music, provided in accord with the City's noise regulations, shall
not be considered as a form of entertainment. Synonyms include: club;
nightspot; disco; social establishment; cabaret; dinner theater.
A lot or parcel that does not conform to the present dimensional
requirements of this chapter, including parking, but existed and was
lawful at the time it was created and/or developed.
A structure that existed and was lawful at the time it was
constructed or laid out, but would not be lawful under the requirements
of this chapter.
A use that existed and was lawful at the time it was initiated,
but would not be lawful under the requirements of this chapter.
Premises which operate on a regular basis to provide daytime
care or instruction for five or more children under six years of age.
The term "nursery school" shall include kindergarten, day nursery,
day-care center and family day-care.
See "residential care facility."
An area or areas of a lot, including required yards, which
are:
Open and unobstructed from ground to sky, except by facilities
specifically designed, arranged and intended for use in conjunction
with passive or active outdoor recreation or relaxation.
Landscaped, maintained or otherwise treated to create a setting
appropriate to recreation or relaxation.
Accessible and usable by the general public, business patrons
or residents of all dwellings or stores it is intended or required
to serve.
An area of land and/or water within a site designed and intended
for the use of enjoyment of residents of a planned development. Common
open space may contain such accessory improvements as are necessary
and incidental to the use of the common open space by the residents
of the planned development.
Refers to the person who operates or has charge of the navigation
or use of a vessel.
A small private or public health facility that is devoted
to the care of outpatients.
An additional layer of regulations related to a specific
environmental or historical constraints such as floodplain boundaries,
historic landmarks, historic structures, or wetlands that supersede
the restrictions of the underlying zoning district.
An incorporated, nonprofit organization operating under recorded
land agreements through which each lot and/or homeowner in a planned
development or other described land area is subject to a charge for
a proportionate share of the expenses for the organization's activities,
such as maintaining common property.
A building site prepared by artificial means, including grading,
excavation or filling or any combination thereof.
Any concave, circular or dish-shaped device designed for
receiving communication or television signals.
Any place, lot, parcel, or yard used in whole or in part
of storing or parking four or more motor vehicles under the provision
of this chapter.
A multistory structure, unenclosed in whole or in part, publicly
or privately operated, designed for the parking of automobiles.
An area intended for use as an accessory off-street parking
facility not less than eight feet in width or less than 20 feet in
length, having a clear height of not less than seven feet.
A narrow strip of open space surrounded by streets on all
sides and generally intended for use in a smaller neighborhood.
A financial tool used to guarantee that in the event of a
developer or contractor's default, funds are available to finish the
construction of a site improvement or infrastructure installation
and ensure its proper functioning.
A specific use, to which land, lots, buildings or structures
may be used, occupied or maintained under this chapter as a matter
of right.
Any real property designed and used for the purpose of renting
or leasing individual storage space to occupants who are to have access
to such facility for the purpose of storing and removing personal
property.
Any request made in writing.
See "dock."
A building and, where applicable, its accessory buildings
and uses, where persons regularly assemble for religious worship and
which building, together with its accessory buildings and uses, is
maintained and controlled by a religious body organized to sustain
public worship.
A development in accordance with a single plan for compatible land uses, subject to the rules and regulations of § 179-22 of this chapter.
The officially established Planning Commission of the City
of Rensselaer.
A map, drawing, or rendering of a subdivision that usually
contains narrative elements.
A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in Article VII of this chapter, submitted to the Planning Commission for the purposes of consideration prior to submission of the plat in final form and of sufficient detail to apprise the Planning Commission of the layout of the proposed subdivision.
A lot together with all the structures and uses thereon.
The main or primary building or use on a lot.
Any use which is not listed as a permitted, special, or accessory
use in the Schedule of Use Regulations shall be considered a "prohibited
use" under this chapter.
See "lot line."
See "bar."
See "open space."
Any facility or related equipment, including but not limited
to all lines, pipes, transformers, poles, etc., performing an essential
public service and subject to special governmental regulation. Nonessential
components of public utility operations, such as general storage and
maintenance facilities, are excluded from this definition.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys, and parks, as well
as the interior and areas surrounding public buildings.
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale as an industrial operation
and exclusive of the process of grading preparatory to the construction
of a building or highway construction.
A space designed and used for active and passive participatory
athletic and general recreation activities.
Business primarily devoted to the amusement of the general
public such as bowling alleys, indoor amusement arcades and health
clubs. Incidental food service is also included.
Any material or device which has the effect of intensifying
reflected light, such as Scotchlite (trademark), Dayglo (trademark)
or glass beads.
A building or portion thereof wherein the owner and/or proprietor
is compensated for furnishing lodging and varying amounts of custodial
care to three or more persons by reason of them being elderly, handicapped,
bedfast, chronically ill, impaired, convalescing and/or needing such
care. Facilities are intended to serve the residential needs of persons
and are not intended for transient use. A residential care facility
does not include hospitals, clinics or similar institutions devoted
primarily to the diagnosis and treatment of disease or injury and/or
providing surgical and obstetrical services, or asylums for the insane.
This term includes nursing homes, homes for adults (rest homes), homes
for the aged and handicapped, convalescent homes for children, homes
for the elderly, homes for prenatal care and the like.
As defined by the New York State Liquor Authority under ABCL
§ 3(27), "restaurant" shall mean a place which is regularly
and in a bona fide manner used and kept open for the serving of meals
to guests for compensation and which has suitable kitchen facilities
connected therewith, containing conveniences for cooking an assortment
of foods, which may be required for ordinary meals, the kitchen of
which must, at all times, be in charge of a chef with the necessary
help, and kept in a sanitary condition with the proper amount of refrigeration
for keeping of food on said premises and must comply with all the
regulations of the local department of health. "Meals" shall mean
the usual assortment of foods commonly ordered at various hours of
the day; the service of such food and victuals only as sandwiches
or salads shall not be deemed a compliance with this requirement.
"Guests" shall mean persons who, during the hours when meals are regularly
served therein, come to a restaurant for the purpose of obtaining,
and actually order and obtain at such time, in good faith, a meal
therein. Nothing in this subdivision contained, however, shall be
construed to require that any food be sold or purchased with any beverage.
Any building or structure in which one or more articles of
merchandise, commerce or services are provided, including, but not
limited to, department stores, banks, salons, insurance sales, clothing
and accessory stores, grocery stores, pharmacies, and boutique/gift
shops. Such uses, as permitted by the Bulk and Use Tables, may include
an individual business, a building with multiple businesses, or a
parcel with multiple retail buildings.
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer or other similar use.
See "dwelling, townhouse."
See "A-frame sign."
A public elementary school, public middle school, public
high school and also a private school having a curriculum equivalent
to and substantially the same as a public school, but not including
any day nursery, or private business or trade school operated for
profit, such as barber or mortician or similar school.
The treatment or storage of fragments of metal discarded
as waste in manufacturing operations, or machines, tools or equipment,
or other metal parts.
For the purpose of determining off-street parking requirements,
the seating capacity of a particular room or a hall in a building,
as determined by the specifications and plans, whether fixed or removable
seating; in the event that individual seats are not provided, each
20 inches of benches, bleachers, pews or similar seating accommodations
shall be considered as one seat for the purpose of this chapter.
Areas that include features such as steep slopes, wetlands,
floodways, forests and unique habitat.
The distance from the street line to the part of the structure
nearest the street, measured at right angles to the street line, not
including cornices or open entrance hoods anchored to the building
without posts, which do not project more than three feet from the
building wall, nor retaining walls and fences, nor open entrance steps,
nor open terraces not more than two feet in height above the finished
grade and which do not project more than six feet from the building
wall. Setback requirements, as listed in the Bulk and Use Tables,
apply to the location of buildings, not driveways, parking areas,
or other landscaping treatments.
The least required horizontal distance between the front
lot line, or in instances where sidewalks are present or required
from the interior sidewalk edge, and the principal building measured
at the shortest point. On waterfront lots which border water on one
or more lot lines, the lot line on the road front is considered the
principal front lot line.
The least required horizontal distance between the rear lot
line and the principal building measured at the closest point.
The least required horizontal distance between the side lot
line and the principal building measured at the closest point.
Any enclosed building, 200 square feet or less, and not intended
for habitation.
One or more buildings, encompassing greater than 30,000 square
feet, forming a complex of shops representing merchandisers, with
interconnecting walkways enabling visitors to easily walk from unit
to unit, along with a parking area. May be enclosed or open air.
Retail displays located on sidewalks in the public right-of-way
that are clearly accessory to, or a promotion of, the use located
in the abutting building.
Any structure, natural object or part thereof, device or
inscription represented on any land or the outside of any building
which shall be used to attract attention to any object, product, place,
activity, person, institution, organization or business, or which
shall display or include any letter, words, numbers, emblems, symbols,
models, banners, flags, pennants, insignias, trademarks, devices or
representation used as or which is in the nature of an announcement,
direction, advertisement, attention-arrester, warning or designation
of any person, firm, group, organization, place, commodity, product,
service, business, profession, enterprise, industry or public performance.
A portable sign with two or more steeply angled sides.
The entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representations, emblems or other
figures, together with any material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed. Structural members bearing no sign copy
shall be included.
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
A sign listing the tenants or occupants of a building or
group of buildings and that may indicate their respective professions
or business activities.
A sign which directs attention to a business, commodity,
service, industry or other activity which is sold, offered or conducted,
other than incidentally, on the premises upon which such sign is located
or to which it is affixed.
A sign or portion thereof with character, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign.
Any sign limited to directional messages, principally for
pedestrian or vehicular traffic, such as "one-way," "entrance" and
"exit."
See "wall sign."
A sign supported by one or more upright poles, columns or
braces placed in or on the ground and not attached to any building
or structure.
A sign which is an integral part of a building facade. The
sign is painted directly on, carved in or otherwise permanently embedded
in the facade.
See "freestanding sign."
See "prependicular sign."
Temporary signs, in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday.
A sign designed to give forth artificial light directly from
a source of light within such a sign.
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere on the lot where said illumination
occurs.
See "portable sign."
A sign specifically used to identify a particular neighborhood,
block or development.
Any lawfully preexisting sign that does not meet the requirements
of this article.
A sign that advertises a nonexistent product, place or event.
Any sign which is installed perpendicular to the street upon
which the building fronts. This definition shall include side wall-mounted
wall signs, perpendicular hanging building signs, freestanding signs
and pole signs.
A sign listing the tenants or occupants of a commercial plaza
and that may indicate their respective professions or business activities.
A sign that is mounted on a freestanding pole or other supports.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election
or caucus.
A sign, whether on its own trailer, wheels or otherwise designed
to be mobile and not structurally attached to the ground, a building,
a structure or another sign.
A sign that is mounted upon the roof of a building.
Letters on a sign with transparent background, such as lettering
on a window.
The entire area within a single, continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of same. However, such perimeter shall
not include any structural or framing elements lying outside the limits
of such sign and not forming an integral part of the display. Only
one side of a double-faced sign shall be included as surface area
of such sign.
A sign erected for a limited time and is not permanently
affixed to the ground, a building or other fixed object or surface.
Temporary signs include, but are not limited to, contractors' signs,
realty sales or rental signs, special event signs, banners for charitable
events or residential event signs.
A window sign not permanently affixed that does not identify
the tenant, occupant or establishment and is limited to a maximum
use of 120 days.
A sign designed or intended to identify a tenant, occupant
or establishment.
Signs displayed on licensed and registered motor vehicles
which are used in conjunction with a business.
A sign attached to and erected parallel to the face of a
building and supported throughout its length by such building.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material or located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
That map or drawing and related information submitted for review by the Planning Commission in accordance with the requirements and procedure specified in Article VII of this chapter.
The process by which the Planning Commission reviews site
plans for development to ensure compliance with the Comprehensive
Plan, zoning code and other land development regulations.
A use which is deemed desirable for the public welfare within
a given district or districts, but which is potentially incompatible
with other uses provided therein. The use shall be therefore subject
to approval by the Planning Commission and to conditions set forth
for such use as well as the other applicable provisions of this chapter.
A permit provided by the Planning Commission for a use requiring review, for uses that are not permitted expressly in a district but are listed as requiring a special use permit, subject to the requirements of § 179-24.
An on-site queuing lane for motorized vehicles, which is
separated from other vehicular traffic and pedestrian circulation
by barriers, markings or signs.
Any newsstand, table, bench, booth, rack, handcart, pushcart
or any other fixture or device which is not required to be licensed
and registered by the Department of Motor Vehicles and is used for
the display, storage or transportation of articles offered for sale
by a vendor.
That portion of a building between the surface of any floor
and the surface of the floor next above, and any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement or cellar shall not be counted.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting property. Includes streets, roads, avenues,
lanes or other traffic ways, between right-of-way lines.
A street which serves or is designed to serve as a traffic
way for a neighborhood or as a feeder to a major street.
The established boundary lines of the right-of-way of a street,
alley or public thoroughfare.
A street that serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic-generating areas.
A street intended to serve primary access to abutting properties.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the centerline of the street.
A horizontal band (such as bricks) in a building forming
a part of the design.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
A static construction of materials, the use of which requires
a temporary or permanent fixed location on the ground or attachment
to an object having such fixed location. Structures shall include,
among others, buildings, stadiums, sheds, storage bins, reviewing
and display stands, platforms, towers, walls, fences, swimming pools,
gasoline pumps, billboards, signs, and mobile dwellings.
Any person, firm, corporation, partnership or association
who shall lay out any subdivision or part thereof as defined herein,
either personally or on behalf of ownership, lessee or building development,
and shall include resubdivision.
The legal division of any tract of land into two or more
lots, plots, sites or other divisions of land for any purpose, whether
immediate or future, of transfer of ownership, lease or building development,
and shall include resubdivision.
Any receptacle for water having a depth at any point of more than two feet, or having a surface area exceeding 250 square feet, which is intended for recreational purposes, and including all appurtenant decks, walks and equipment constructed, installed and maintained in or above the ground outside of the principal structure to which the pool is accessory. Private swimming pools are subject to the regulations found in § 179-32.
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
See "place of worship."
See "bar."
Performing job-related requirements using telecommunications
to transmit data and textual messages to the central organizational
office without being physically present.
Selling of retail items outdoors for a limited amount of
time for events such as sidewalk sales, open markets, art displays,
and festivals.
An occupant who temporarily holds or occupies land, a building
or other property owned by another.
A building, room, or outdoor structure for the presentation
of plays, films, or other dramatic performances.
A multifamily project of single-family dwelling units, which
may consist of one or more buildings, attached or detached, wherein
the real property title and ownership are vested in an owner having
an undivided interest with others in the common usage areas and facilities
which serve the project. Administration and maintenance of common
usage areas and facilities must be provided. Although units share
party walls, each unit is situated on a different parcel of land.
A lot which is subdivided into privately owned parcels with
common areas to create a project of townhouse or townhome units, which
may consist of one or more buildings, attached or detached.
A development pattern that caters to the pedestrian requiring
a walkable scale and a mix of residential and commercial uses similar
to a traditional village or City.
Occupancy of residential premises for a term of up to three
weeks, on two or more occasions during any six-month period, and not
including so-called tourist camps or tourist cabins.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses and not for year-round
living.
The specific purpose or activity, for which land or building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
A use clearly incidental and subordinate to the principal
use whether located in a principal or accessory building and located
on the same lot therewith. In no case shall such accessory use dominate,
in area, extent or purpose, the principal lawful use or building.
See "industry," "manufacturing, light," or "manufacturing
operations."
A use of a building or of land that does not conform to the
use regulations of the district in which it is situated, which use
existed and was lawful at the time of the adoption of this chapter.
The term "nonconforming use" shall include uses previously permitted
as a matter of right and subsequently permitted only by special use
permit.
The main use for which a building or lot is used or intended
to be used.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Places of worship, cemeteries, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by governmental authority.
Nursery schools, elementary schools, high schools, colleges
or universities having curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Nonprofit fire, ambulance and public safety buildings.
Any activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to specific facts
and conditions peculiar to a particular property, literal application
and strict enforcement would result in undue and unnecessary hardship
or practical difficulty that would deprive the owner of reasonable
use of the land or structures. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconvenience or
a desire to make more money.
A variance from the area and bulk requirements or supplementary
regulations of a related character (such as amount, size, location
or design of access, off-street parking, landscaping, signs) to authorize
on a specific lot a permitted use which could not feasibly be established
without relief from one or more of the dimensional requirements pertaining
to the district.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
Any individual, including an employee or agent of a group
of individuals, partnership or corporation, who sells or offers to
sell food, beverages, goods or merchandise on any public way from
a pushcart, stand, motor vehicle, or from his or her person.
Every watercraft that is used, or capable of being used,
as a means of transportation on water or ice. "Vessel" includes the
motor, spars, sails and accessories of a vessel. "Vessel" shall also
include barges.
See "animal hospital."
A building designed or used for the storage of merchandise,
furniture or other commodities.
Any water area providing access from one place to another,
primarily a water area providing a regular route for water traffic.
The buying or selling or arranging for sale of goods or commodities,
usually in bulk, for purchasers other than individual customers, to
include offices, freight distribution centers, large storage facilities
and the use of delivery trucks in the routine operation of the business.
The total area of any single windowpane or series of windowpanes
separated by mullions.
An open space on the same lot with a building or building
group lying between the closest point of the front, rear, or side
wall of a building and the nearest lot line, unoccupied and fully
open to the sky, except as otherwise provided by the specific provisions
of this chapter.
An open space unoccupied on the same lot with the main building,
extending the full width of the lot and situated between the front
line of the lot and the extreme front line of the building projected
to the side lines of the lot. The depth of the front yard shall be
measured between the extreme front line of the building and front
line of the lot. Covered porches shall be considered as part of the
main building and shall not project into a required front yard, whether
enclosed or unenclosed. The front yard depth or front setback requirement
for corner lots shall be applied to both frontages.
An open space on the same lot with a main building, unoccupied
except as hereinafter otherwise permitted, extending the full width
of the lot and situated between the rear line of the lot and the extreme
rear line of the building projected to the side lines of the lot.
The depth of the rear yard shall be measured between the rear line
of the lot, or the center line of the alley if there is an alley,
and the rear line of the building.
An open space unoccupied and unobstructed by buildings or
structures from the ground to the sky except for landscaping, fencing,
walls, driveways or parking located on the same lot with a main building
situated between the side line of the building and an integral projection
therefrom the adjacent side line of the lot line of the rear yard.
If no front yard is required, the front boundary of the side yard
shall be the rear line of the lot.
The officially established Zoning Board of Appeals of the
City of Rensselaer.
The classification of lands as established in this chapter
and by the Zoning Map.
The map delineating the boundaries of the zoning districts
which, along with the zoning text, comprises this chapter.
