City of Rensselaer, NY Article II Zoning Districts Established

§ 179-5 Zoning districts.

A. For the purposes of this chapter, the City of Rensselaer is hereby divided into the following zoning districts:

	R-1	Residential District #1
	R-2	Residential District #2
	C-1	General Commercial
	MU-1	Downtown Mixed-Use
	MU-2	Waterfront Mixed-Use
	I-1	Light Industrial
	I-2	Industrial
	OS	Open Space and Conservation
	PDD	Planned Development District
	HOD	Historic Overlay District

§ 179-6 R-1 Residential District #1.

A. Purpose and intent. The purpose of the Residential District #1 (R-1) is to promote owner-occupied buildings and provide for areas within the City of Rensselaer that encourage lower-density residential property development. Further, it is the intent of this district to:

(1) Encourage development and continuous use of lands for single-family homes that keep in character with existing neighborhoods located within these portions of the City.

(2) Maintain a sustainable approach to residential development and the associated costs of service.

B. Permitted uses. The following uses are permitted within the R-1 District:

(1) Building, accessory;

(2) Dwelling, single-family;

(3) Family day-care center;

(4) Home occupation;

(5) Open space;

(6) Place of worship;

(7) School (public or private); and

(8) Swimming pool, private.

C. Uses requiring a special use permit. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 179-24. The following uses are allowed as special permit uses within the R-1 District:

(1) Bed-and-breakfast;

(2) Building, public;

(3) Day-care center; and

(4) Funeral home.

D. Prohibited uses. Uses that are not expressly permitted in this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-7. Uses not listed within the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-7. Uses not listed within the Bulk and Use Table are not subject to setback requirements.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-7. Uses not listed within the Bulk and Use Table are not subject to impervious surface coverage regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-7. Uses not listed within the Bulk and Use Table are not subject to height limitations.

I. Off-street parking requirements. Uses not listed in the Bulk and Use Table are not subject to off-street parking requirements. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter.

J. Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations including, but not limited to, Regulations Applicable to All Zoning Districts in accordance with Article III, Site Plan Review and Approval in accordance with Article VI, and Subdivision of Land, if applicable, in accordance with Article VII.

K. Signs. Please refer to Article IV.

§ 179-7 Bulk and Use Table: R-1 Residential District #1.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-8 R-2 Residential District #2.

A. Purpose and intent. The purpose of the Residential District #2 (R-2) is to ensure that future residential and commercial development respects the scale and character of existing neighborhoods in the City of Rensselaer. In promoting the general purpose of this chapter, the specific intent of the R-2 District is to:

(1) Provide a mix of housing options including single-family and two-family homes in structures originally intended for two or more families, which preserve the historic nature of existing neighborhoods; and

(2) Provide for a walkable, pedestrian-oriented environment built around single-family and two-family residential dwellings on small City lots.

B. Permitted uses. The following uses are permitted within the R-2 District:

(1) Building, accessory;

(2) Dwelling, single-family;

(3) Dwelling, two-family;

(4) Family day-care center;

(5) Home occupation;

(6) Open space;

(7) Place of worship;

(8) School (public or private); and

(9) Swimming pool, private.

C. Uses requiring a special use permit. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 179-24. The following uses are allowed as special permit uses in the R-2 District:

(1) Bed-and-breakfast;

(2) Building, mixed-use;

(3) Building, public;

(4) Club (private or membership);

(5) Convenience store;

(6) Day-care center;

(7) Dry-cleaning outlet;

(8) Dwelling unit, accessory;

(9) Dwelling, multifamily;

(10) Dwelling, townhouse;

(11) Funeral home;

(12) Laundry, self-serve;

(13) Restaurant;

(14) Retail, goods and services; and

(15) Swimming pool, public.

D. Prohibited uses. Uses that are not expressly permitted in this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-9. Uses not listed within the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-9. Uses not listed within the Bulk and Use Table are not subject to setback requirements.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-9. Uses not listed within the Bulk and Use Table are not subject to impervious surface coverage regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-9. Uses not listed within the Bulk and Use Table are not subject to height limitations.

I. Off-street parking requirements. Please see the City of Rensselaer Bulk and Use Table, § 179-9. Uses not listed within the Bulk and Use Table are not subject to off-street parking requirements. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter.

J. Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations including, but not limited to, Regulations Applicable to All Zoning Districts in accordance with Article III, Site Plan Review and Approval in accordance with Article VI, and Subdivision of Land, if applicable, in accordance with Article VII.

K. Signs. Please refer to Article IV.

§ 179-9 Bulk and Use Table: R-2 Residential District #2.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-10 C-1 General Commercial.

A. Purpose and intent. The purpose of the General Commercial District (C-1) is to promote well-designed large- and small-scale commercial development along the US Routes 9 and 20 corridor. Further, it is the intent of the C-1 District to:

(1) Provide a welcoming gateway into the City of Rensselaer through design standards that encourage consistent building design, facade materials, and structure orientation;

(2) Encourage signage that is consistent with the scale, context and materials established through design standards; and

(3) Create a pedestrian-oriented environment through building orientation, position of safe pedestrian accommodations including an interconnected network of sidewalks, landscaping, and rear or side lot parking development.

B. Permitted uses. The following uses are permitted in the C-1 District:

(1) Animal hospital;

(2) Bar, tavern, or pub;

(3) Building, accessory;

(4) Building, mixed-use;

(5) Building, office;

(6) Building, public;

(7) Car wash;

(8) Club (private or membership);

(9) Convenience store;

(10) Cultural use facility or museum;

(11) Dry-cleaning facility;

(12) Dry-cleaning outlet;

(13) Greenhouse, commercial;

(14) Home occupation;

(15) Hotel or motel;

(16) Inn;

(17) Laundry, self-serve;

(18) Motor vehicle service station;

(19) Motor vehicle salesroom;

(20) Open space;

(21) Outpatient health center;

(22) Place of worship;

(23) Recreation, indoor commercial;

(24) Restaurant;

(25) Retail, goods and services; and

(26) School (public, only).

C. Uses requiring a special use permit. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 179-24. The following uses are allowed as special permit uses in the C-1 District:

(1) Day-care center;

(2) Drive-in facility;

(3) Funeral home;

(4) Homeless shelters;

(5) Kennel, commercial;

(6) Parking garage; and

(7) Residential care facility.

D. Prohibited uses. Uses that are not expressly permitted within this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-11. Uses not listed in the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-11. Uses not listed in the Bulk and Use Table are not subject to setback requirements.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-11. Uses not listed in the Bulk and Use Table are not subject to impervious surface coverage regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-11. Uses not listed in the Bulk and Use Table are not subject to height limitations.

I. Off-street parking requirements. Please see the City of Rensselaer Bulk and Use Table, § 179-11. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter. Uses not listed in the Bulk and Use Table are not subject to off-street parking requirements.

J. Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations including, but not limited to, Regulations Applicable to All Zoning Districts in accordance with Article III, Site Plan Review and Approval in accordance with Article VI, and Subdivision of Land, if applicable, in accordance with Article VII.

K. Signs. Please refer to Article IV.

§ 179-11 Bulk and Use Table: C-1 General Commercial District.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-12 MU-1 Downtown Mixed-Use.

A. Purpose and intent. The purpose of the Downtown Mixed-Use District (MU-1) is to accommodate a mix of higher-density residential and commercial uses that will encourage a vibrant, walkable central core consistent with the historic character for the City of Rensselaer. Design standards, as defined in § 179-12L, seek to further define the form and impact of development in this district. The intent of the entire MU-1 District, and associated design standards, is to:

(1) Encourage both horizontal and vertical mixing of residential units with retail, restaurants, entertainment, and other commercial uses in order to create an active street life, enhance the vitality of businesses, and reduce vehicular traffic;

(2) Retain a pedestrian-friendly scale to encourage walkability;

(3) Preserve the integrity of historically significant buildings;

(4) Encourage new buildings and uses that are harmonious with the historic character of buildings, streets, and public spaces;

(5) Encourage infill development;

(6) Encourage carefully designed public spaces, on commercial and public properties and within the public right-of-way, that enhance the City's identity and encourage greater interaction among residents and visitors; and

(7) Strengthen connections between the train station, waterfront and the central business district.

B. Permitted uses. The following uses are permitted within the MU-1 District:

(1) Bed-and-breakfast;

(2) Building, accessory;

(3) Building, mixed-use;

(4) Building, office;

(5) Building, public;

(6) Club (private or membership);

(7) Convenience store;

(8) Cultural use facility or museum;

(9) Dry-cleaning outlet;

(10) Dwelling, multifamily;

(11) Dwelling, single-family;

(12) Dwelling, two-family;

(13) Family day-care center;

(14) Home occupation;

(15) Hotel or motel;

(16) Inn;

(17) Laundry, self-serve;

(18) Place of worship;

(19) Restaurant;

(20) Retail, goods and services;

(21) School (public or private);

(22) Swimming pool, private; and

(23) Theater.

C. Uses requiring a special use permit. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 179-24. The following uses are allowed as special permit uses within the MU-1 District:

(1) Animal hospital;

(2) Bar, tavern or pub;

(3) Car wash;

(4) Cemetery;

(5) Day-care center;

(6) Dry-cleaning facility;

(7) Dwelling, townhouse;

(8) Funeral home;

(9) Outpatient health center;

(10) Parking garage;

(11) Recreation, indoor commercial;

(12) Residential care facility; and

(13) Swimming pool, public.

D. Prohibited uses. Uses that are not expressly permitted in this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-13A, § 179-13B, and § 179-13C, which specify the regulations for each segment of the MU-1 District. Uses not listed in the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-13A, § 179-13B, and § 179-13C, which specify the regulations for each segment of the MU-1 District. Uses not listed in the Bulk and Use Table are not subject to setback requirements.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-13A, § 179-13B, and § 179-13C, which specify the regulations for each segment of the MU-1 District. Uses not listed in the Bulk and Use Table are not subject to impervious surface regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-13A, § 179-13B, and § 179-13C, which specify the regulations for each segment of the MU-1 District. Uses not listed in the Bulk and Use Table are not subject to height limitations.

I. Off-street parking requirements. Please see the City of Rensselaer Bulk and Use Table, § 179-13A, § 179-13B, and § 179-13C, which specify the regulations for each segment of the MU-1 District. Uses not listed in the Bulk and Use Table are not subject to off-street parking requirements. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter.

J. Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations including, but not limited to, Regulations Applicable to All Zoning Districts in accordance with Article III, Site Plan Review and Approval in accordance with Article VI, and Subdivision of Land, if applicable, in accordance with Article VII.

K. Signs. Please refer to Article IV.

L. Design standards.

(1) Administration and applicability.

(a) Unless otherwise stated, the design standards are mandatory and shall apply to all projects within the MU-1 District that require site plan review, special use permit or planned unit development approvals.

(b) To the extent practicable, design standards shall apply to all projects, buildings, uses or sites that are being replaced, redeveloped or rehabilitated.

(c) Each applicant proposing a new land use or development subject to these standards shall comply with the required standards to the maximum extent practicable.

(d) Compliance with the following standards not identified as mandatory is strongly encouraged.

(e) The term "shall" is interpreted as mandatory.

(f) The term "should" or "may" is interpreted as optional.

(g) The administering board shall enforce the following design standards to the maximum extent practicable for the purposes of achieving the goals and objectives in accordance with the purpose and intent of the regulations as set forth herein.

(2) General design concepts. Projects should incorporate the following general design concepts to the extent practicable.

(a) Sustainability.

[1] New building construction should use green building technologies for mechanical systems, energy needs and construction materials.

[2] The adaptive reuse of existing and historic building stock is strongly encouraged as a sustainable development practice.

[3] The adaptive reuse of historic buildings should use green building technologies for mechanical systems, energy needs and construction materials.

[4] Site development methods that conserve resources and reduce environmental impacts are strongly encouraged.

[5] Emphasis should be placed on the use of and development of public transportation and pedestrian systems, and the reduction of automobile use wherever possible.

(b) Use integration.

[1] A full mix of uses, as permitted in the district, should be encouraged to promote a pedestrian-friendly streetscape environment.

[2] Residential uses should be considered in conjunction with commercial activities to foster an active streetscape environment, enhance the viability of businesses and reduce traffic flows.

[3] Mixed-use development and buildings should be promoted, with active uses, such as shops, restaurants, and gallery spaces occupying the street level and offices and residential units occupying upper stories.

(c) Pedestrian environment.

[1] Building facades should be designed to promote pedestrian comfort, safety, and interests.

[2] Streetscape improvements should seek to create a unified street presence and encourage pedestrian activity. Streetscape improvements should include benches, bus shelters, trash receptacles, recycling receptacles, planting containers, lighting, wayfinding signage, and informational kiosks.

[3] Street trees and pedestrian scaled lighting should be incorporated into designs to enhance the project site, as well as surrounding areas.

[4] Pedestrian crosswalks should be incorporated to enhance cross-street connections.

(d) Architectural considerations.

[1] Projects in the MU-1 District should contribute to the City's moderately scaled urban form. Scale, massing and dominant architectural elements should contribute to the overall character of the downtown.

[2] Projects should complement the City's heritage by preserving and incorporating dominant design elements and characteristics that define neighborhood areas.

[3] Public buildings, structure, and spaces should be designed and constructed to the highest standards in order to reflect community values, inspire residents and visitors, foster civic pride, and serve as models to future development.

[4] Individual building elements, details, and materials should be unified so that all components appear integral to the whole.

[5] Design treatments should be rich with detail and of high-quality materials to promote interest.

[6] Projects that are sited towards the Hudson River should capitalize on the natural setting and conserve scenic public views and view corridors.

(3) Building placement and form.

(a) Minimum frontage build-out.

[1] Frontage build-out of 100% is preferred. A minimum frontage build-out of 80% is required to create a near continuous facade along the sidewalk and screening for rear parking areas.

[2] When side yard parking is approved, minimum frontage build-out requirements shall be reduced to 67%, or two-thirds of the total lot frontage.

(b) Building orientation and facades.

[1] The ground floor of buildings should be encouraged to contain public or semipublic uses, such as retail, restaurants, or entertainment, and should have direct entry from the street.

[2] The main facade of all buildings shall face towards the primary street frontage.

[3] New buildings that occupy a corner lot should express a principal facade and a secondary entrance as to have clear principal entryways from both roadways. Entries from parking or transit facilities shall be considered secondary entries.

[4] Retail activities within buildings shall be oriented towards the primary street entrance and have direct access from public sidewalks.

[5] Ground-floor restaurants are strongly encouraged to have open storefront windows and some outdoor seating to increase the connection between interior and exterior spaces.

[6] All sides of the building shall be architecturally consistent with the facade of the building.

[7] Building facades should be in context and compatible with surrounding building facades.

(c) Street and block organization.

[1] New buildings and development shall respect the existing organization of the City, street, and block patterns that exist.

[2] New developments that create "superblocks," by joining together one or more blocks by removing a street segment, shall be prohibited.

[3] On-street parking shall be required on all new streets and maintained on existing streets.

[4] New streets shall include bump-out sidewalks at the end of each block, when appropriate.

(4) Architectural character.

(a) Context-sensitive design.

[1] New development projects should strive for a contextual approach to design that supports and responds to the surrounding urban, built, and natural environment.

(b) Historic preservation.

[1] The first option for existing historic buildings should be their retention, restoration, and adaptive reuse.

[2] Demolition of a historic building in favor of new construction shall only be permitted when the reuse is determined to be unfeasible due to cost or building condition.

[3] When building preservation is deemed impossible, every effort should be made to retain historic facades.

[a] When a building facade is preserved, the new building shall be designed and constructed in a manner that is sympathetic to existing materials, organization, and design composition.

[b] Any upward expansion of the new building should be set back from the historic facade.

[4] Features that contribute to a historic building's architectural character, such as fanlights, door hardware, columns, balustrades, and stairs should be retained.

[5] Design additions to historic buildings so there are subtle distinguishing characteristics between the historic portion and the new addition. This may include simplifying details, changing materials, or slightly altering proportions.

[6] Additions should not appear to be old or older than the original building. Avoid duplicating the appearance of the original building.

[7] Contemporary designs for additions are considered appropriate when they are compatible with the character of the historic building.

[8] New additions should be in proportion to the historic building.

[9] Additions should not be placed on the primary elevation.

(c) Infill development.

[1] Infill construction should be compatible with the average height, massing, and width of surrounding buildings. The rhythm of the facade should reflect the characteristic rhythm of existing buildings on the street.

[2] New building solutions are encouraged to promote flexibility.

[3] Quality construction materials should be used with particular attention paid to the interface between the building and the street.

(5) Architectural design elements.

(a) Materials and colors.

[1] Traditional materials are preferred.

[2] Preferred facade materials include:

[a] Red brick.

[b] Special masonry units.

[c] Natural stone.

[d] Stone veneer.

[e] Pre-cast stone units.

[f] Wood clapboard.

[g] Compressed hardwood siding.

[3] The following building facade materials are discouraged:

[a] Plain masonry units.

[b] Vinyl siding.

[c] Metal siding.

[d] Stainless steel.

[e] Imitation stone, plastic, composite or resin products.

[f] EIFS or synthetic stucco.

[4] New materials, case-by-case basis.

[5] Acceptable trim materials shall include finished grade painted or stained wood.

[6] Bare, lumber-grade wood shall not be permitted as a trim material.

[7] Windows shall have anodized aluminum or wood frame, not bare aluminum frame.

[8] Fluorescent colors are not acceptable.

(b) Roofs.

[1] New construction or remodeling should incorporate rooflines consistent or complimentary to neighboring structures.

[2] Pitched and flat roofs are permitted.

[3] Gambrel roofs are not permitted.

[4] Flat roofs shall incorporate a parapet with cornice details along facades facing a public right-of-way. Plain or unadorned parapets are not allowed.

[5] Pitched roofs shall complement the overall style of the building.

[6] Roof colors and materials shall complement the overall character of the building.

[7] Roof design shall incorporate measures to prevent falling snow and ice onto the sidewalk.

(c) Fenestration.

[1] Overall facade composition shall break the building down into smaller distinct portions to provide small-scale impression.

[2] Commercial or mixed-use buildings shall have at least 70% transparency at street level along the front facade.

[3] A minimum of 35% of the facade for upper floors should incorporate glass openings.

[4] Second floor windows shall relate to the first in shape, form and pattern.

[5] Windows shall not be opaque or mirrored.

[6] Window treatments and displays should not substantially limit visibility into the building.

[7] Buildings must have entrances at least every 50 feet.

[8] Blank walls shall not exceed more than 15 feet in length.

(d) Entrances and doors.

[1] Doors of commercial and mixed-use buildings shall allow visible access to the interior of a building.

[2] If the door is solid, it should be painted or stained to accent the building.

[3] The primary entrance of the structure should be clearly identifiable and consistent with the architectural style of the structure.

(e) Awnings and canopies.

[1] Strongly encouraged on building facades that face public streets.

[2] One awning shall be permitted for each window or door of the facade.

[3] Awnings should be consistent with the shape of the window that they are located over. For example, a flat top arched awning should be used over a straight window and an arched awning shall only be placed over an arched window.

[4] Awnings must be fastened to the facade of the building and not supported from the ground up.

[5] Awnings shall be constructed of canvas. Plastic and metal awnings are not permitted.

[6] Internal lighting or backlighting is not permitted.

[7] Retractable awnings shall be encouraged.

[8] Color schemes shall be compatible with the color scheme of the building facade.

(f) Arcades.

[1] Arcades are permitted along a building or at a building's corner.

[2] Arcade may be used for outdoor seating.

[3] No elements of an arcade shall cross the sidewalk line.

[4] Arcade must be defined by a series of evenly spaced columns.

(g) Screening.

[1] Rooftop mechanical equipment shall be screened from public view.

[2] Rooftop screening shall be achieved with the use of architecturally compatible approaches including materials, parapet, or walls.

[3] Ground level equipment, including dumpsters and loading docks, shall be screened from public view with landscaping materials, walls, opaque fencing or other design treatments.

[4] Screening shall be compatible with the finishes and materials of the principal structure.

(6) Parking.

(a) Garages and structures.

[1] The construction and use of public parking facilities, both surface and garages, is strongly encouraged over parking facilities constructed for a single use.

[2] All parking garages and structures along public rights-of-way and at key intersections should be screened from public view by one or more liner buildings.

[3] Retail or other public or semipublic uses should be incorporated into the ground floor of parking garages and structures, along public rights-of-way, to the extent practicable to maintain an active and vibrant streetscape presence.

[4] Parking garages and structures shall be designed in a manner that engages the streetscape through architectural detail and the incorporation of pedestrian enhancements. Blank walls shall be prohibited along public rights-of-way.

(b) Off-street surface parking.

[1] Surface parking lots shall be located to the rear yard of buildings.

[2] Surface parking lots may be permitted to be located in the side yard if an applicant can demonstrate that there is insufficient room in the rear yard due to building configuration, lot size, or other restricting condition and public parking spaces are not readily available or are insufficient to accommodate the proposed use.

[3] Any surface parking lot located in the side yard shall still be required to conform to the following standards:

[a] Minimum frontage build-out requirements must still be met.

[b] No parking spaces shall be located between the front building facade and the sidewalk line.

[c] No corner lots shall be occupied by surface parking lots.

(7) Landscaping.

(a) Screening and buffers.

[1] Landscape screening and buffers shall be designed to separate commercial and residential uses in accordance with § 179-45, Buffer areas.

[2] Native vegetation shall be used. Invasive species are prohibited.

[3] Service, loading and maneuvering areas shall be fully screened from the view of adjacent residential properties.

(b) Surface parking landscaping.

[1] One landscape island, equal to the size of one parking space, shall be provided for every 10 spaces within the surface parking lot.

[2] Landscape islands located at the end of a parking bay shall be the length of the two end perpendicular parking spaces.

[3] Trees shall be planted in such a manner as to ensure that no parking space will be more than 75 feet from a large deciduous tree.

[4] Trees shall be planted so that the trunk is a minimum of 2.5 feet from the curb edge.

[5] Canopy/deciduous trees shall have a three- to four-inch caliper at the time of planting.

[6] Small flowering trees shall have a caliper of 1.5 inches to two inches at the time of planting.

[7] Large shrubs shall be a minimum of 30 inches in height at time of planting.

[8] Buffers shall conform to the requirements of § 179-45, Buffer areas.

(8) Public spaces.

(a) Relationship and integration.

[1] Public places are strongly encouraged as part of all new development projects. Acceptable public places include parks, plazas and civic squares.

[2] New public spaces should be located in strategically selected places that are directly linked to the street and sidewalk system with an emphasis on traditional street and block patterns.

(b) Accessibility and visibility.

[1] Public spaces should have direct physical and visual access to the adjacent streets.

[2] Public spaces should be directly accessible from adjacent streets and sidewalks and allow for multiple points of entry.

[3] Public spaces should be visually permeable from the sidewalk, allowing passersby to see directly into the space.

[4] Walls, fences and dense plantings that shield the public space from view should be avoided.

[5] In instances where grade change of greater than four feet is present between the sidewalk and open space, stairs and/or ramps should be provided. Stairways should be generously proportioned and provide landings every four feet of elevation change to provide visual connections. In no instances shall public spaces be created that are not ADA compliant/accessible.

(c) Public spaces for public buildings.

[1] Major new public facilities, such as stadiums, convention centers and municipal buildings, should have clearly defined and significant public spaces incorporated into their principal entrance and facade.

[2] Public spaces at public buildings should be designed for flexible uses ranging from small, informal use to large assemblies.

(9) Streetscape design amenities.

(a) Trash and recycling receptacles.

[1] Shall be consistent in design and materials.

[2] At a minimum, two trash and recycling receptacles shall be installed within each City block.

[3] Additional appropriate locations for receptacles are in public parks, spaces, plazas, or other seating areas.

(b) Public seating.

[1] Shall be consistent in design and materials.

[2] Seating should be provided adjacent to all bus stops.

[3] New public spaces should incorporate benches and seating options.

[4] Seating shall not interfere with the flow of pedestrian traffic.

(c) Sidewalks.

[1] New sidewalks shall be constructed of concrete or concrete brick pavers.

[2] Sidewalks shall be a minimum of seven feet wide in commercial and mixed use areas. Connections to residential districts shall be a minimum of five feet wide.

[3] Where a sidewalk crosses a parking lot access drive, the concrete paving pattern shall continue uninterrupted.

[4] New sidewalks must connect to adjacent properties.

(d) Landscape.

[1] Street trees shall be planted between the curb and the building line.

[2] All tree planting areas shall be covered with a porous, hard-surfaced grate that is ADA compliant.

[3] Trees shall not be planted closer than seven feet to the building line.

[4] One large deciduous tree shall be planted for each 40 feet of linear road frontage.

(e) Wayfinding.

[1] Pedestrian wayfinding signs and kiosks should be incorporated into streetscape design to provide direction to pedestrians. Wayfinding should be incorporated in a comprehensive and unified manner for the entire downtown, as well as surrounding areas.

[2] The design of the urban fabric should support a clear sense of visual and spatial orientation through building location, massing and design and the integration of public art and landscape design.

(10) Use of the streetscape.

(a) Plazas.

[1] Plazas may be incorporated into new projects as long as the building setback does not exceed 30 feet from the sidewalk line.

[2] No elements of a plaza shall cross the sidewalk line.

[3] Plazas shall not be fenced or walled off.

(b) Outdoor dining.

[1] Outdoor dining is encouraged.

[2] When outdoor dining is proposed, the building setback may be increased to 20 feet to allow for the placement of seating.

[3] Must be visually integrated with the associated building.

[4] When located in the front of a building, outdoor seating elements must be dismantled during winter months.

[5] A minimum of five feet of unobstructed, useable sidewalk shall remain at all times between the outdoor dining elements and the curb.

(c) Sidewalk retail.

[1] Sidewalk retail is strongly encouraged in association with existing retail and commercial establishments.

[2] Merchandise shall be removed at the close of business.

[3] A minimum of five feet of unobstructed, useable sidewalk shall remain at all times adjacent to sidewalk retail.

(11) Infrastructure.

(a) Lighting.

[1] Pedestrian scale and area lighting shall be required.

[2] Fixtures shall be designed to shield glare from adjacent streets, properties, and sky.

[3] The light source (i.e., bulb) shall not be visible from any angle.

[4] Pedestrian lighting shall be between nine feet and 11 feet in height.

[5] Area lighting shall not be taller than 18 feet or the height of the adjoining building, whichever is less.

[6] Energy-efficient bulbs shall be required.

[7] The use of metal halide, high pressure sodium, and low-pressure sodium bulbs are strongly discouraged.

[8] Mixtures of bulbs shall be prohibited.

[9] Flashing or intrinsically bright sources of illumination shall be prohibited.

[10] No lights shall produce glare or as to cause illumination beyond the boundaries of the property on which it is located in excess of 5/10 foot candle.

(b) Utilities.

[1] Install utility lines underground whenever possible.

§ 179-13 Bulk and Use Table: MU-1 Downtown Mixed-Use.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-14 MU-2 Waterfront Mixed-Use.

A. Purpose and intent. The purpose of the Waterfront Mixed-Use District (MU-2) is to capitalize on the City of Rensselaer's waterfront and convenient access to water and rail transportation by encouraging a mix of residential, commercial, and public uses. All private development, where applicable, in the Waterfront Mixed-Use District shall include public access directly adjacent to the water in the form of a twenty-five-foot easement from the mean high tide, which may be waived by the Planning Commission in cases which the City does not feel access is appropriate for reasons of public health, safety or welfare. The intent of the MU-2 District is to:

(1) Encourage the horizontal and vertical mixing of residential units with retail, restaurants, entertainment and other commercial uses in order to create an active waterfront, enhance the vitality of businesses, reduce vehicular traffic and create a pedestrian-friendly waterfront;

(2) Encourage building design, wayfinding, and signage that enhances the proximity of the Hudson River without diminishing views; and

(3) Promote public access to the waterfront and incorporate pedestrian amenities into site design.

B. Permitted uses. The following uses are permitted within the MU-2 District:

(1) Bar, tavern, or pub;

(2) Boat launch;

(3) Building, mixed-use;

(4) Building, office;

(5) Building, public;

(6) Club (private or membership);

(7) Cultural use facility or museum;

(8) Dwelling unit, accessory;

(9) Dwelling, multifamily;

(10) Dwelling, townhouse;

(11) Family day-care center;

(12) Home occupation;

(13) Hotel or motel;

(14) Inn;

(15) Marina;

(16) Open space;

(17) Outpatient health center;

(18) Place of worship;

(19) Restaurant;

(20) Retail, goods and services;

(21) School (public, only);

(22) Swimming pool, public; and

(23) Theater.

C. Uses requiring a special use permit. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 179-24. The following uses are allowed as special permit uses in the MU-2 District:

(1) Building, accessory;

(2) Convention center;

(3) Day-care center;

(4) Outdoor recreation and amusement; and

(5) Parking garage;

D. Prohibited uses. Uses that are not expressly permitted in this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-15. Uses not listed in the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-15. Uses not listed in the Bulk and Use Table are not subject to setback requirements. Waterfront lots are considered to have two frontages: water frontage and street frontage. Setback shall be set from a designated land-side public easement, when applicable. Waterfront lots have no rear setback.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-15. Uses not listed in the Bulk and Use Table are not subject to impervious surface regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-15. Uses not listed in the Bulk and Use Table are not subject to height requirements.

I. Off-street parking requirements. Please see the City of Rensselaer Bulk and Use Table, § 179-15. Uses not listed in the Bulk and Use Table are not subject to off-street parking requirements. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter.

J. Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations including, but not limited to, Regulations Applicable to All Zoning Districts in accordance with Article III, Site Plan Review and Approval in accordance with Article VI, and Subdivision of Land, if applicable, in accordance with Article VII.

K. Signs. Please refer to Article IV.

L. Design standards.

(1) Administration and applicability.

(a) Unless otherwise stated, the design standards are mandatory and shall apply to all projects within the MU-2 Waterfront District that require site plan review, special use permit or planned unit development approvals.

(b) To the extent practicable, design standards shall apply to all projects, buildings, uses or sites that are being replaced, redeveloped or rehabilitated.

(c) Each applicant proposing a new land use or development subject to these standards shall comply with the required standards to the maximum extent practicable.

(d) Compliance with the following standards not identified as mandatory is strongly encouraged.

(e) The term "shall" is interpreted as mandatory.

(f) The term "should" or "may" is interpreted as optional.

(g) The administering board shall enforce the following design standards to the maximum extent practicable for the purposes of achieving the goals and objectives in accordance with the purpose and intent of the regulations as set forth herein.

(2) General design concepts. Projects should incorporate the following general design concepts to the extent practicable.

(a) Sustainability.

[1] New building construction should use green building technologies for mechanical systems, energy needs and construction materials.

[2] The adaptive reuse of existing and historic building stock is strongly encouraged as a sustainable development practice.

[3] The adaptive reuse of historic buildings should use green building technologies for mechanical systems, energy needs and construction materials.

[4] Site development methods that conserve resources and reduce environmental impacts are strongly encouraged.

[5] Site development methods that protect the Hudson River and its natural ecosystems and habitats are strongly encouraged.

[6] Emphasis should be placed on the use of and development of public transportation and pedestrian systems, and the reduction of automobile use wherever possible.

(b) Use integration.

[1] A full mix of uses, as permitted in the district, should be encouraged to promote a pedestrian-friendly streetscape environment and contribute to a continuous waterfront trail system.

[2] Residential uses should be considered in conjunction with commercial activities to foster an active streetscape environment, enhance the viability of businesses and reduce traffic flows.

[3] Mixed-use development and buildings should be promoted, with active uses, such as shops, restaurants, and gallery spaces occupying the street level and offices and residential units occupying upper stories.

(c) Pedestrian environment.

[1] Building facades should be designed to promote pedestrian comfort, safety, and interests.

[2] Streetscapes and public spaces, including promenades and plazas, should include benches, bus shelters, trash receptacles, recycling receptacles, planting containers, lighting, wayfinding signage, and informational kiosks.

[3] Street trees and pedestrian scaled lighting should be incorporated into designs to enhance the project site, as well as surrounding areas.

[4] Pedestrian crosswalks should be incorporated to enhance cross-street connections.

(d) Architectural considerations.

[1] Projects in the MU-2 District should capitalize on the waterfront location and contribute to the City's urban form.

[2] Projects should complement the City's heritage by preserving and incorporating dominant design elements and characteristics that define neighborhood areas.

[3] Public buildings, structure, and spaces should be designed and constructed to the highest standards in order to reflect community values, inspire residents and visitors, foster civic pride, and serve as models to future development.

[4] Individual building elements, details, and materials should be unified so that all components appear integral to the whole.

[5] Design treatments should be rich with detail and of high-quality materials to promote interest.

[6] Projects should capitalize on the waterfront location, natural setting and promote scenic public views and view corridors.

(3) Building placement and form.

(a) Building orientation and facades.

[1] Buildings fronting along the waterfront should have two primary entrances and facades, one on the water side and one on the street side.

[2] The ground floor of buildings should contain public or semipublic uses, such as retail, restaurants, or entertainment, and should have direct entry from the street or major pedestrian thoroughfare, such as a waterfront promenade.

[3] New buildings that occupy a corner lot should express a principal facade and a secondary entrance as to have clear principal entryways from both roadways. Entries from parking or transit facilities shall be considered secondary entries.

[4] Retail activities within buildings shall be oriented towards the primary entrance and have direct access from public sidewalks and pedestrian activity centers.

[5] Ground-floor restaurants are strongly encouraged to have open storefront windows and outdoor seating to increase the connection between interior and exterior spaces. Outdoor seating areas are strongly encouraged along building frontages facing the Hudson River.

[6] All sides of the building shall be architecturally consistent with the facade of the building.

[7] The side of the building facing the Hudson River shall always be considered to be the primary building frontage.

(b) Street and block organization.

[1] New buildings, development, and street configurations should allow for smooth traffic and circulation flow and connect to the existing street grid of the City, respecting the existing organization of the City, street, and block patterns that exist.

[2] On-street parking shall be required on all new streets and maintained on existing streets.

[3] New streets shall include bump-out sidewalks at the end of each block.

(4) Architectural character.

(a) Context-sensitive design.

[1] New development projects should strive for a contextual approach to design that supports and responds to the surrounding urban, built, and natural environment.

(b) Historic preservation.

[1] The first option for existing historic buildings should be their retention, restoration, and adaptive reuse.

[2] Demolition of a historic building in favor of new construction shall only be permitted when the reuse is determined to be unfeasible due to cost or building condition.

[3] Exterior additions to a historic building should not strive to replicate the historic building, but should be compatible with the proportions, facade composition, rhythm of openings, materials, and colors.

(5) Architectural design elements.

(a) Materials and colors.

[1] Permitted facade materials shall include:

[a] Red brick.

[b] Special masonry units.

[c] Natural stone.

[d] Stone veneer.

[e] Pre-cast stone units.

[f] Wood clapboard.

[g] Compressed hardwood siding.

[2] Unacceptable building facade materials shall include:

[a] Plain masonry units.

[b] Vinyl siding.

[c] Metal siding.

[d] Imitation stone, plastic, composite or resin products.

[e] EIFS or synthetic stucco.

[3] Acceptable trim materials shall include finished grade painted or stained wood.

[4] Bare, lumber-grade wood shall not be permitted as a trim material.

[5] Windows shall have anodized aluminum or wood frame, not bare aluminum frame.

[6] Colors shall be chosen from a commercial paint distributors historic color pallet.

[7] Fluorescent colors are not acceptable.

(b) Roofs.

[1] Pitched and flat roofs are permitted.

[2] Gambrel roofs are not permitted.

[3] Flat roofs shall incorporate a parapet with cornice details along facades facing a public right-of-way. Plain or unadorned parapets are not allowed.

[4] Pitched roofs shall complement the overall style of the building.

[5] Roofing materials shall not be reflective.

[6] Roof colors and materials shall complement the overall character of the building.

[7] Roof design shall incorporate measures to prevent falling snow and ice onto sidewalks and other pedestrian infrastructure.

(c) Fenestration.

[1] Overall facade composition shall break the building down into smaller distinct portions to provide small-scale impression.

[2] Buildings shall have at least 70% transparency at street level along the front facade.

[3] A minimum of 35% of the facade for upper floors should incorporate glass openings.

[4] Second floor windows shall relate to the first in shape, form and pattern.

[5] Windows shall not be opaque or mirrored.

[6] Window treatments and displays should not substantially limit visibility into the building.

[7] Windows shall not be mounted flush to the exterior of the facade.

[8] Buildings must have entrances at least every 50 feet.

[9] Blank walls shall not exceed more than 15 feet in length.

(d) Entrances and doors.

[1] Primary entry doors shall be located along all major pedestrian routes and along primary roadway frontages.

[2] Doors shall allow visible access to the interior of a building.

[3] If the door is solid, it should be painted or stained to accent the building.

[4] The primary entrance of the structure should be clearly identifiable and consistent with the architectural style of the structure.

(e) Awnings and canopies.

[1] Awnings are strongly encouraged on building facades that face public streets and along waterfront facades.

[2] One awning shall be permitted for each window or door of the facade.

[3] Awnings should be consistent with the shape of the window that they are located over. For example, a flat top arched awning should be used over a straight window and an arched awning shall only be placed over an arched window.

[4] Awnings must be fastened to the facade of the building and not supported from the ground up.

[5] Awnings shall be constructed of canvas. Plastic and metal awnings are not permitted.

[6] Internal lighting or backlighting is not permitted.

[7] Retractable awnings shall be permitted.

[8] Color schemes shall be consistent with colors outlined in Subsection L(5)(a), Materials and colors, above.

(f) Arcades.

[1] Arcades are permitted along a building or at a building's corner.

[2] Arcade may be used for outdoor seating.

[3] No elements of an arcade shall cross the sidewalk line.

[4] Arcade must be defined by a series of evenly spaced columns.

(g) Screening.

[1] Rooftop mechanical equipment shall be screened from public view.

[2] Rooftop screening shall be achieved with the use of architecturally compatible approaches including materials, parapet, or walls.

[3] Ground-level equipment, including dumpsters and loading docks, shall be screened from public view with landscaping materials, walls, opaque fencing or other design treatments.

[4] Screening shall be compatible with the finishes and materials of the principal structure.

(6) Parking.

(a) Garages and structures.

[1] The construction and use of public parking facilities, both surface and garages, is strongly encouraged over parking facilities constructed for a single use.

[2] All parking garages and structures along public rights-of-way and at key intersections should be screened from public view.

[3] Retail or other public or semipublic uses should be incorporated into the ground floor of parking garages and structures, along public rights-of-way, to the extent practicable to maintain an active and vibrant streetscape presence.

[4] Parking garages and structures shall be designed in a manner that engages the streetscape through architectural detail and the incorporation of pedestrian enhancements. Blank walls shall be prohibited along public rights-of-way, including major pedestrian routes.

(b) Off-street surface parking.

[1] No surface parking areas shall be permitted fronting on the Hudson River.

[2] Surface parking lots are discouraged in the MU-2 District.

[3] Surface parking lots shall be located to the rear yard of buildings.

(7) Landscaping.

(a) Screening and buffers.

[1] Landscape screening and buffers shall be designed to separate commercial and residential uses in accordance with § 179-45, Buffer areas.

[2] Native vegetation shall be used. Invasive species are prohibited.

[3] Service, loading and maneuvering areas shall be fully screened from the view of adjacent residential properties.

(b) Surface parking landscaping.

[1] One landscape island, equal to the size of one parking space, shall be provided for every 10 spaces within the surface parking lot.

[2] Landscape islands located at the end of a parking bay shall be the length of the two end perpendicular parking spaces.

[3] Trees shall be planted in such a manner as to ensure that no parking space will be more than 75 feet from a large deciduous tree.

[4] Trees shall be planted so that the trunk is a minimum of 2.5 feet from the curb edge.

[5] Canopy/deciduous trees shall have a caliper of three inches to four inches at the time of planting.

[6] Small flowering trees shall have a caliper of 1.5 inches to two inches at the time of planting.

[7] Large shrubs shall be a minimum of 30 inches in height at time of planting.

[8] Buffers shall conform to the requirements of § 179-45, Buffer areas.

(8) Public spaces.

(a) Relationship and integration.

[1] Public places are strongly encouraged as part of all new development projects. Acceptable public places include parks, plazas and civic squares.

[2] Public spaces are strongly encouraged along the Hudson River waterfront.

[3] Public spaces should be incorporated to contribute to the City's desire to create a continuous waterfront trail system along the Hudson River.

[4] New public spaces should be located in strategically selected places that are directly linked to the street and sidewalk system.

(b) Accessibility and visibility.

[1] Public spaces should have direct physical and visual access to adjacent streets, the Hudson River, and the waterfront trail system.

[2] Public spaces should be directly accessible from adjacent streets and sidewalks and allow for multiple points of entry.

[3] Public spaces should be visually permeable from the sidewalk, allowing passersby to see directly into the space.

[4] Walls, fences and dense plantings that shield the public space from view should be avoided.

[5] In instances where grade change of greater than four feet is present between the sidewalk and open space, stairs should be provided. Stairways should be generously proportioned and provide landings every four feet of elevation change to provide visual connections.

(c) Public spaces for public buildings.

[1] Major new public facilities, such as stadiums, convention centers and municipal buildings, should have clearly defined and significant public spaces incorporated into their principal entrance and facade.

[2] Public spaces at public buildings should be designed for flexible uses ranging from small, informal use to large assemblies.

(9) Streetscape design amenities.

(a) Trash and recycling receptacles.

[1] Shall be consistent in design and materials.

[2] At a minimum, two trash and recycling receptacles shall be installed within each City block.

[3] Trash and recycling receptacles shall be located in public parks, spaces, plazas, or other seating areas.

[4] Trash and recycling receptacles shall be provided at least every 75 feet along the waterfront trail system.

(b) Public seating.

[1] Shall be consistent in design and materials.

[2] Seating should be provided adjacent to all transit stops.

[3] New public spaces should incorporate benches and seating options.

[4] Seating shall not interfere with the flow of pedestrian traffic.

[5] Public seating shall be provided at regular intervals along the waterfront trail system.

(c) Sidewalks and trails.

[1] New sidewalks shall be constructed of concrete or concrete brick pavers.

[2] Sidewalks shall be a minimum of seven feet wide in commercial and mixed-use areas. Connections to surrounding mixed-use and residential districts shall be a minimum of five feet wide.

[3] Where a sidewalk crosses a parking lot access drive, the concrete paving pattern shall continue uninterrupted.

[4] New sidewalks must connect to adjacent properties.

[5] All new development shall incorporate continuous waterfront access for pedestrians and nonvehicular users. The waterfront access shall be in the form of a trail, promenade, or other public space and is subject to the other guidelines identified herein.

(d) Landscape.

[1] Street trees shall be planted between the curb and the building line.

[2] All tree planting areas shall be covered with a porous, hard-surfaced grate that is ADA compliant.

[3] Trees shall not be planted closer than seven feet to the building line.

[4] One large deciduous tree shall be planted for each 40 feet of linear road frontage.

(e) Wayfinding.

[1] Pedestrian wayfinding signs and kiosks should be incorporated into streetscape design to provide direction to pedestrians. Wayfinding should be incorporated in a comprehensive and unified manner for the entire waterfront, as well as surrounding areas.

[2] Pedestrian wayfinding and kiosks shall be incorporated into the waterfront trail system.

(10) Use of the streetscape.

(a) Plazas.

[1] Plazas and public gathering areas are strongly encouraged along the Hudson Riverfront.

[2] No elements of a plaza shall cross the sidewalk line when adjacent to a public right-of-way.

[3] Plazas shall not be fenced or walled off.

(b) Outdoor dining.

[1] Outdoor dining is strongly encouraged along the Hudson Riverfront and along street frontage.

[2] When outdoor dining is proposed, the building setback may be increased to 20 feet to allow for the placement of seating.

[3] Must be visually integrated with the associated building.

[4] When located in the front of a building, outdoor seating elements must be dismantled during winter months.

[5] A minimum of five feet of unobstructed, useable pedestrian access shall remain at all times between the outdoor dining elements and the curb, sidewalk, or public pedestrian system.

(c) Sidewalk retail.

[1] Sidewalk retail is strongly encouraged in association with existing retail and commercial establishments.

[2] Merchandise shall be removed at the close of business.

[3] A minimum of five feet of unobstructed, useable sidewalk or pedestrian access shall remain at all times adjacent to sidewalk retail.

(11) Infrastructure.

(a) Lighting.

[1] Pedestrian scale and area lighting shall be required.

[2] Fixtures shall be designed to shield glare from adjacent streets, properties, and sky.

[3] The light source (i.e., bulb) shall not be visible from any angle.

[4] Pedestrian lighting shall be between 10 feet and 12 feet in height.

[5] Area lighting shall not be taller than 18 feet or the height of the adjoining building, whichever is less.

[6] Energy efficient bulbs shall be required.

[7] The use of metal halide, high-pressure sodium, and low-pressure sodium bulbs are strongly discouraged.

[8] Mixtures of bulbs shall be prohibited.

[9] Flashing or intrinsically bright sources of illumination shall be prohibited.

[10] No lights shall produce glare or as to cause illumination beyond the boundaries of the property on which it is located in excess of 5/10 foot candle.

(b) Utilities.

[1] All utilities shall be placed underground.

§ 179-15 Bulk and Use Table: MU-2 Waterfront Mixed-Use District.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-16 I-1 Light Industrial.

A. Purpose and intent. The general purpose of the Light Industrial District (I-1) is to provide for areas in the City where light industrial uses have primarily been concentrated and to encourage future light industrial development. Light industrial uses must respect adjacent transitional areas through the incorporation of buffers, design guidelines, and compliance with performance standards as set forth elsewhere in this chapter.

B. Permitted uses. The following uses are permitted in the I-1 District:

(1) Animal hospital;

(2) Building, accessory;

(3) Building, mixed-use;

(4) Building, office;

(5) Building, public;

(6) Contractor's yard;

(7) Convenience store;

(8) Greenhouse, commercial;

(9) Kennel, commercial;

(10) Manufacturing, light;

(11) Motor vehicle service stations;

(12) Motor vehicle sales;

(13) Open space;

(14) Outpatient health center;

(15) Personal storage facilities;

(16) Place of worship;

(17) Recreation, indoor commercial;

(18) Restaurant;

(19) Retail, goods and services;

(20) Warehouse, wholesale or distribution center;

C. Uses requiring a special use permit. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 179-24. The following uses are allowed as special uses in the I-1 District:

(1) Drive-in facility;

(2) Homeless shelter;

(3) Manufacturing operations;

(4) Manufactured home park;

(5) Parking garage; and

(6) Telecommunication facility or tower(s).

D. Prohibited uses. Uses that are not expressly permitted in this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-17. Uses not listed in the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-17. Uses not listed in the Bulk and Use Table are not subject to setback requirements.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-17. Uses not listed in the Bulk and Use Table are not subject to impervious surface regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-17. Uses not listed in the Bulk and Use Table are not subject to height limitations.

I. Off-street parking requirements. Please see the City of Rensselaer Bulk and Use Table, § 179-17. Uses not listed in the Bulk and Use Table are not subject to off-street parking requirements. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter.

J. Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations including, but not limited to, Regulations Applicable to All Zoning Districts in accordance with Article III, Site Plan Review and Approval in accordance with Article VI, and Subdivision of Land, if applicable, in accordance with Article VII.

K. Signs. Please refer to Article IV.

§ 179-17 Bulk and Use Table: I-1 Light Industrial District.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-18 I-2 Industrial.

A. Purpose and intent. The purpose of the Industrial District (I-2) is to provide for areas where industrial uses have historically been concentrated and will be continued into the future. Industrial operations, which are largely tied to the City's southern waterfront, must respect adjacent transitional areas through the incorporation of buffers, design guidelines, and compliance with performance standards as set forth elsewhere in this chapter.

B. Permitted uses. The following uses are permitted in the I-2 District:

(1) Animal hospital;

(2) Building, accessory;

(3) Building, office;

(4) Cultural use facility or museum;

(5) Greenhouse, commercial;

(6) Manufacturing, light;

(7) Manufacturing operations;

(8) Motor vehicle service stations;

(9) Open space;

(10) Personal storage facility;

(11) Place of worship;

(12) Quarries and pits;

(13) Filling and excavating;

(14) Restaurant; and

(15) Warehouse, wholesale or distribution center.

C. Uses requiring a special use permit. Certain uses require a special use permit from the Planning Commission, subject to the requirements of § 179-24. The following uses are allowed as special permit uses in the I-2 District:

(1) Adult use;

(2) Drive-in facility;

(3) Parking garage; and

(4) Telecommunication facility or tower(s).

D. Prohibited uses. Uses that are not expressly permitted in this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-19. Uses not listed in the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-19. Uses not listed in the Bulk and Use Table are not subject to setback requirements.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-19. Uses not listed in the Bulk and Use Table are not subject to impervious surface regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-19. Uses not listed in the Bulk and Use Table are not subject to height requirements.

I. Off-street parking requirements. Please see the City of Rensselaer Bulk and Use Table, § 179-19. Uses not listed in the Bulk and Use Table are not subject to off-street parking requirements. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter.

J. Supplementary regulations. Uses are subject to the requirements specified elsewhere in these regulations including, but not limited to, Regulations Applicable to All Zoning Districts in accordance with Article III, Site Plan Review and Approval in accordance with Article VI, and Subdivision of Land, if applicable, in accordance with Article VII.

K. Signs. Please refer to Article IV.

§ 179-19 Bulk and Use Table: I-2 Industrial District.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-20 OS Open Space and Conservation.

A. Purpose and intent. The purpose of the Open Space and Conservation (OS) District is to preserve the historic, scenic, recreational and environmental value of officially designated parkland, environmentally sensitive areas, heavily wooded areas, and other open spaces, which may or may not be accessible by the public. Further, the intent of the Open Space and Conservation District is to provide areas for the development of new passive and active parks, multi-use trails, and small-scale environmental interpretive sites.

B. Permitted uses. The following uses are permitted within the OS District:

(1) Boat launch;

(2) Cemeteries;

(3) Open space;

(4) Outdoor recreation and entertainment; and

(5) Swimming pool (public).

C. Uses requiring a special use permit. The following uses require a special use permit within the OS District:

(1) Cultural use facility or museum; and

(2) Telecommunication facility or tower(s).

D. Prohibited uses. Uses that are not expressly permitted in this section are prohibited.

E. Lot size. Please see the City of Rensselaer Bulk and Use Table, § 179-21. Uses not listed in the Bulk and Use Table are not subject to lot size requirements.

F. Setbacks. Please see the City of Rensselaer Bulk and Use Table, § 179-21. Uses not listed in the Bulk and Use Table are not subject to setback requirements.

G. Impervious surface coverage. Please see the City of Rensselaer Bulk and Use Table, § 179-21. Uses not listed in the Bulk and Use Table are not subject to impervious surface regulations.

H. Height limitations. Please see the City of Rensselaer Bulk and Use Table, § 179-21. Uses not listed in the Bulk and Use Table are not subject to height requirements.

I. Off-street parking requirements. Please see the City of Rensselaer Bulk and Use Table, § 179-21. Uses not listed in the Bulk and Use Table are not subject to off-street parking requirements. In addition, all uses permitted in this district are subject to the additional parking and loading requirements set forth in § 179-55 of this chapter.

J. Signs. Please refer to Article IV.

§ 179-21 Bulk and Use Table: OS Open Space and Conservation District.

The Bulk and Use Table is included as an attachment to this chapter.

§ 179-22 PDD Planned Development District.

A. Purpose and intent. The purpose of the Planned Development District is to provide for the creation of a flexible zoning district to accommodate major new development or redevelopment efforts within the City of Rensselaer. This district provides the mechanisms necessary to ensure compatibility among varied land uses, promote innovative and efficient land uses, and encourage quality site planning and design practices. The district intends to encourage a diversity of uses in a unified plan while ensuring adequate standards relating to public health, safety and general welfare of the public.

B. Establishment of a PDD. A Planned Development District (PDD) may be established within any area of the City. Such PDD may be established only if the Planning Commission and the Common Council find that the objectives and provisions of this chapter are satisfied, and the proposed development is full consistent with the spirit and intent of the adopted City Comprehensive Plan.

C. Procedure. The procedure for submitting an application and receiving approval of a PDD shall be as follows:

(1) Pre-filing conference. The applicant or representative shall meet with the Director of Planning and Development to informally discuss the proposed project and application procedure prior to any formal submission.

(2) Preliminary site plan submission requirements. The owner shall submit a preliminary site plan that shall consist of the following:

(a) Survey of the property, showing existing features of the property including contours, buildings, structures, trees over four inches in diameter, streets, utility easements, rights-of-way and adjacent land uses.

(b) Proposed site plan showing building locations, occupancy and land use areas, including any subdivision intended within the district.

(c) Proposed traffic circulation, parking areas, pedestrian walks and landscaping.

(d) Proposed construction sequence for buildings, parking areas and landscaped areas.

(e) Proposed public utilities plan, including water supply, sewerage and stormwater drainage.

(3) Preliminary site plan procedure. After informal agreement on the suitability of the proposed project and its conformance with the City Comprehensive Plan, the application shall submit four copies of a preliminary site plan to the City of Rensselaer Planning Commission for review at least 10 days prior to its regular meeting. The Planning Commission shall prepare recommendations to the applicant with regard to the preliminary site plan. The applicant shall proceed in either of the following manners, as determined appropriate by the Planning Commission.

(a) Conformance with underlying zoning district. If the proposed development project consists of uses and densities already permitted in the applicable zoning district, the Planning Commission approval authorizes the applicant to prepare and submit a final plat without the need for approval by the Common Council of a zoning amendment. This type of coordinated development may be used for cluster development or design variations where building bulk, spacing, and open space are adjusted with flexibility to the land while the use and density limitations of the original zoning district are strictly observed. The Planning Commission has authority to approve this type of design adjustment under § 37 of General City Law.

(b) Nonconformance with underlying zoning district. If the proposed development project, proposed uses, or overall densities are not permitted in the applicable zoning district, the amendment procedure specified in Article VIII of this chapter shall be followed. Under such circumstances, the Planning Commission shall transmit the application to the Common Council for review. If the Common Council determines the application is warranted, the Common Council shall conduct a public hearing, as required by Article VIII to consider a zoning map amendment to redesignate the area a PDD. The PDD shall be governed by the specific preliminary site plan approved by the Planning Commission, or as specifically amended by the Common Council as condition of its approval. If the amendment is approved, the applicant may proceed to the final site plan. The approved preliminary site plan shall be binding on final site plans and future development of the project, unless amended by the same procedure.

(4) Final site plan submission requirements. The final site plan shall conform fully with the use, density and basic design expressed by the approved preliminary site plan. Such approved site plan shall become part of this chapter and shall be maintained in the permanent files of both the City Clerk and the Director of Planning and Development. The final site plan shall be filed with the City Planning Commission in accordance with the procedures and requirements identified in Article IV and Article VII of this chapter. Furthermore, the final site plan shall include:

(a) Site plan showing proposed building locations and land use areas.

(b) Traffic circulation, required parking and loading areas and pedestrian walks.

(c) Landscaping plan, including site grading and landscape planting and structures.

(d) Preliminary drawings of buildings to be constructed in the current phase including floor plans, exterior elevations and sections.

(e) Final engineering plans, including street improvements, drainage system and public utility extension.

(f) Engineering feasibility studies for the solution of anticipated problems that may arise due to the proposed development, as required by the City Engineer.

(g) Offers of cession and proposed restrictive covenants.

(h) Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas, as applicable.

(i) Complete documentation of means for the continual maintenance of common open space and buildings.

(j) Completed stormwater prevention pollution plan (SPPP).

(5) Final site plan procedure.

(a) Final site plan approval. If required, a public hearing shall be held within 45 days of its submission in final form. The Planning Commission shall approve, conditionally approve with or without modifications, or reject the final site plan within 45 calendar days of submission or public hearing, as applicable. If modifications are required, the applicant shall submit a modified final site plan. In the case of rejection, the applicant shall either resubmit for preliminary site plan approval, or waive rights or further consideration, thus terminating the proposal.

(b) Building permits and filing requirements. A copy of the approved final site plan shall be transmitted to the Building and Zoning Administrator who shall be authorized to issue building permits and/or certificate of occupancy for approved construction and uses in strict accordance with the approval construction and uses in strict accordance with the approved final site plan. The applicant shall also file a copy of the final site plan in the office of the Rensselaer County Clerk within 60 calendar days of the approval, as may be required.

(c) Staging. Final site plans may be submitted for Planning Commission approval in stages and do not have to be submitted to cover the entire project development at any one time. Staged final site plans shall be submitted and building permits applied for according to a general time schedule agreed upon by the Planning Commission during the preliminary site plan approval process.

D. Uses permitted. Uses within an area designated as a PDD shall be determined by the provisions of this section and the approved plan for the proposed project. In particular:

(1) Residential dwelling units, private garages, storage spaces, recreational and community facilities may be permitted, as appropriate, within the PDD.

(2) Commercial, services, and nonresidential accessory uses may be permitted where such uses are scaled to serve the residents of the PDD and the surrounding neighborhoods, as necessary.

(3) Commercial, service, industrial and other nonresidential uses may be permitted as principal uses, as identified through market analysis, and when such uses are integral to and supportive of the PDD and surrounding neighborhoods in terms of work force, design and character, and when consistent with the City Master Plan.

E. Development area. The minimum development area to qualify for a PDD shall be five contiguous acres of land.

F. Off-street parking. Off-street parking shall conform to the standards of the most appropriate zoning designation or designations. The minimum number of spaces may be reduced if adequate parking is demonstrated or if it can be demonstrated that the PDD enables lesser parking requirements.

§ 179-23 Historic Overlay District.

A. Purpose and intent. The purpose of the Historic Overlay District (HOD) is to preserve, maintain, and enhance the integrity of designated areas within the City that are historically significant or contain significant historic structures. The Historic Overlay District further:

(1) Provides a process for reviewing proposed alterations and restorations of historically significant structures;

(2) Outlines a process for ensuring new development is consistent with the character of established historic districts and areas;

(3) Identifies a means to deter demolition, inappropriate alterations, and neglect of historic or architecturally significant sites; and

(4) Fosters civic and community pride in local history and architectural beauty represented in the City's historic neighborhoods and buildings.

B. Permitted uses. All permitted and special permitted uses in the base zoning district in which the Historic Overlay District is defined are allowed.

C. Boundaries. The following areas are hereby incorporated into the Historic Overlay District:

(1) Fort Crailo Neighborhood is bounded by the Hudson River to the west, Route 20 to the north and east, and Rensselaer Avenue to the south.

(2) Bath Neighborhood is bounded by the Hudson River to the west, Washington Avenue to the north, Broadway to the east, and Tracy Street to the south.

D. Required approvals. Prior to any new construction, demolition, addition, or modification to the exterior of an existing structure located in the Historic Overlay District, the project must be reviewed and approved by the Planning Commission. Upon approval, the Planning Commission will issue a certificate of appropriateness. No demolition or building permit shall be issued until a certificate of appropriateness is granted. The following types of projects in Historic Overlay Districts require review and approval by the Planning Commission:

(1) Construction of a new building or accessory building.

(2) Any addition or alteration of a building which increases the square footage of the building or substantially alters its height, size, contour, or general form.

(3) Any change or alteration of the exterior architectural style or color of design elements, including removal or redesign of porches, dormers, siding, material, chimneys, structural elements, awnings, or columns. Sole exception shall be the painting of existing exterior elements, whereby Planning Staff shall have the power to issue a Certificate of Appropriateness for the painting of said elements using historic colors approved by the Planning Department.

[Amended 9-3-2014 by L.L. No. 6-2014]

(4) Addition to or removal of one or more stories or alteration of a roof line.

(5) Landscaping which involves significant changes to grades, including walls or fences more than three feet in height.

(6) Any other action deemed by the Planning Commission to have a substantial effect on the character of the historic district.

E. Procedures for demolition, addition or modification.

(1) Pre-filing conference. The applicant or representative shall meet with the Director of Planning and Development to informally discuss the proposed project and application procedure prior to any formal submission.

(2) Submission requirements. Three copies of the following must be submitted to the Planning Commission for review and approval in association with the granting of a certificate of appropriateness.

(a) Plans showing all historic elements associated with site or structure, including existing materials and date of construction.

(b) Site and/or architectural plans showing proposed alterations to site, structure, or building, including any materials to be removed, added, or altered.

(c) Narrative explanation of proposed changes, including any reasons or justifications for proposed alterations, demolition, or addition.

(d) Detailed plans or drawings of any proposed signage.

(e) Site and/or planting plans for any playground, park, parking lot, parking structure, or significant landscape alterations, including fence installation.

(f) Sketches or drawings of any sculpture, statuary, fountain, monument, or historical markers.

(g) Illustrations of examples of any street furniture proposed, including lampposts, street signs, benches, trash receptacles, kiosks, interpretive signage, or other similar item.

F. Additional demolition procedures. The following procedures shall also apply to any application for a demolition permit for a structure that is located in a Historic Overlay District.

(1) Withholding of approval. If the Planning Commission determines the building or structure proposed for demolition has historic, architectural, or cultural value, the Commission may withhold approval of demolition for a period not to exceed 180 days, from the date of Commission action.

(2) Purpose. The delay shall be for the purpose of providing time to explore alternatives to demolition. The Planning Commission may direct the Director of Planning and Development to consult with historic preservation organizations, civic groups, public agencies and interested citizens; make recommendations for acquisition of property by a public or private body; explore the possibility of relocating structure; or take other reasonable efforts aimed at preserving the structure.

(3) Demolition by neglect. The City shall require maintenance and repair of all structures and buildings within the Historic Overlay District to stop demolition by neglect which can jeopardize the historic character of the neighborhood and create hazardous and life-threatening conditions. To this end, all buildings and structures shall be preserved against decay and deterioration to the extent that such decay or deterioration may result in irreparable deterioration of any exterior feature or produce a detrimental effect upon the character of the district.

G. Review standards. Before any exterior improvements, as defined by § 179-23D, are made to any public or private property or public place within a Historic Overlay District, the project must be reviewed and approved by the Planning Commission. The following review standards shall be considered by the Planning Commission when making a determination on an application.

(1) General guidelines.

(a) Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration.

(b) The distinguishing original qualities or character of a building, structure, or site shall not be destroyed or removed.

(c) General design, character, and scale of proposed alterations and additions should be compatible with building and surrounding Historic Overlay District.

(d) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and seek to create an earlier appearance shall be discouraged.

(e) Violent contrasts of materials and colors, spectacular effects, intense colors, or incongruity in details which result in a disturbed appearance not consistent with the character of the historic district shall be deemed inappropriate.

(2) Materials.

(a) The removal or alteration of any historic material or distinctive architectural feature shall be avoided when possible.

(b) The replacement of existing materials, such as roofing, shall be with in-kind materials to the extent practicable. Substitute materials should be compatible with the remaining historic context of building or structure.

[Amended 8-3-2016 by L.L. No. 2-2016]

(c) The removal of wood features, such as clapboards, siding, and decorative trim, which help to convey a building's historic character shall be avoided when possible.

(d) Vinyl and aluminum siding shall not be considered an appropriate preservation treatment.

(3) Architectural features.

(a) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture, and other visual qualities.

(b) Building style, period of construction, materials, and existing setting shall be considered when selecting an appropriate paint color.

(c) 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.

(d) Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure, or site shall be treated with sensitivity.

(e) The number, size, location, or shape of original windows visible from the public right-of-way should not be altered. Exterior storm windows should duplicate the shape of the original window.[1]

[1] Editor's Note: Former Subsection G(3)(f), which immediately followed this subsection and prohibited replacement of original windows in certain circumstances, was repealed 8-3-2016 by L.L. No. 2-2016.

(f) When the repair of materials and limited replacement of deteriorated or missing parts is feasible, original windows should not be replaced.

(4) Maintenance.

(a) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting, high-pressure water washing and other cleaning methods that will damage the historic building material should not be undertaken.

(b) Replace only those portions of a building that are deteriorated.

(5) Additions.

(a) Additions shall be designed so there are subtle distinguishing characteristics between the historic portion and new alteration.

(b) Additions should never appear as old, or older, than the original building.

(c) Rooftop additions are discouraged. If necessary, they must be set back from the main facade so as to not be visible from the public right-of-way.

(d) Full floor additions to the top of buildings shall be prohibited.

(e) Additions should not exceed 50% of the square footage of the existing historic structure.

(f) The scale, form, and proportions of the existing structure should be maintained in the addition, including roof shape, building envelope, materials, and decorative elements.

(g) Additions should not be made to the front facade of a building.

(6) New construction.

(a) Generally, historic structures or landscapes shall not be demolished to make room for a new construction project.

(b) Contemporary design for new construction shall not be discouraged when it does not destroy significant historical, architectural, or cultural material.

(c) Infill construction should be designed to be compatible with the average height, massing, and width of surrounding buildings. The rhythm and proportions of new facades should reflect the characteristic rhythm of existing surrounding buildings.

(d) Materials should be sympathetic to surrounding historic buildings and should be a complementary color, texture, and level of craftsmanship. Traditional materials, such as wood, brick, and stone, are preferred.

(e) New construction should have a floor-to-floor height that is within 10% of adjacent historic construction when the floor-to-floor height is a consistent and character-defining feature.

(f) No historic resource shall be harmed by the construction of new roadways or utility repairs associated with a new construction project.

(g) New construction should provide barrier-free access under the provisions of the Americans with Disabilities Act. Solutions should be compatible within the historic context.

(h) Setbacks for new construction should be within 10% of neighboring buildings, as allowed within the underlying zoning district.

(7) Landscaping and site features.

(a) Landscaping should be appropriate to the scale and unique features of the Historic Overlay District.

(b) Existing characteristic features, such as retaining walls, stairs, landscape materials, paving materials, fencing and walkways that reflect the history and development patterns of the neighborhood should be retained.

(c) Chain link fencing and concrete block walls should not be installed in locations visible from the public right-of-way.

(d) Restore and reuse original landscaping materials to the extent practicable.

(e) Preserve large mature trees and shrubs to the extent practicable.

(8) Signage and awnings.

(a) All signage must comply with regulations identified in Article IV.

(b) Sign sizes should be minimal to avoid obscuring architectural details and to avoid clutter. Required signage should be kept simple and easy to read and should reflect the character of the business and building.

(c) Signage should be integrated into the architectural design of the building and should not dominate the facade or site.

(d) Preferred sign materials include painted or carved woods signs, smooth surface metal signs, and lettering applied to glass.

(e) Backlit plastic signs, rooftop signs, and billboard signs should not be used.

(f) Awnings should only be used when appropriate for the use and historic context. Awnings shall not be added to buildings which have not historically had awnings. Rigid awnings are prohibited.

H. Exemptions to certification of appropriateness. Within the Historic Overlay District, certain minor actions are deemed not to have permanent impacts on the character of the district and are exempt from the requirement to seek and obtain a certificate of appropriateness from the Planning Commission. These minor actions include:

(1) Repainting a structure or building in the same color or very similar color as currently exists.

(2) Replacing missing or broken window panes, roofing slates, tiles, porch floor, posts, rails, shingles, window frames or shutters where no substantial change in design or material is proposed.

(3) Addition or removal of window gardens in an existing window opening.

(4) Addition or removal of portable air conditioners located in existing windows, doors, or other existing wall openings.

(5) Addition or removal of television and radio antennas or skylights and solar collectors in locations not visible from a public street or right-of-way.

(6) Landscaping involving the installation of flowers, shrubs and trees, walkways, temporary fencing, small fountains, and low retaining walls, which do not substantially affect the character of the property.

(7) Work done to prevent deterioration or to replace parts of a structure with similar materials in order to correct deterioration, decay, or damage.