This chapter shall be known and cited as the "City of Albany
Unified Sustainable Development Ordinance" or "USDO."
This USDO is adopted in order to:
(1) Implement the policies of the adopted Comprehensive Plan, as may
be amended from time to time;
(2) Promote economic reinvestment in the City;
(3) Protect, preserve and improve the City's neighborhoods and promote
racial and ethnic equity throughout;
(4) Promote energy conservation, low-impact development, and environmentally
sensitive development;
(5) Ensure safety from fire, floodwaters, panic, and other dangers;
(6) Facilitate the provision of adequate transportation, water, sanitary
and storm sewers, schools, parks, and other community facilities needed
to serve new and existing development;
(7) Promote, preserve and reinforce the historic urban form and fabric
of the City;
(8) Promote,
preserve, encourage, and improve the aesthetic quality of buildings
and environments throughout the City; and
(9) Promote the public health, safety, and general welfare.
This USDO is enacted pursuant to authority granted by the Albany
City Charter, Articles 2-A, 3, and 5-A of the New York State General
City Law, Articles 5-G, 5-J and 5-K of the New York State General
Municipal Law, the New York State Municipal Home Rule Law, and the
New York State Statute of Local Governments.
The Chief Planning Official shall be authorized to interpret the provisions of this USDO, including but not limited to the location of zoning district boundary lines, unless a different City official is specifically designated in this USDO to make a particular interpretation. Interpretations of the Chief Planning Official are subject to the procedures set forth in §
375-505(19) and to appeal to the Board of Zoning Appeals.
If provisions of this USDO are inconsistent with one another,
with provisions of other adopted codes or ordinances of the City,
or with provisions of applicable county, state, and federal laws,
the more restrictive provision shall govern to the extent permitted
by law. However, if standards in an overlay zoning district conflict
with other provisions of this USDO, or with provisions of other adopted
codes or ordinances of the City, the provisions of the overlay zoning
district shall apply regardless of whether they are more restrictive
or more permissive than the standards with which they conflict.
Nothing in this USDO is intended to supersede, annul, or interfere
with any easement, covenant, or other agreement between private parties,
but such private agreements shall not excuse any failure to comply
with this USDO. The City shall not be responsible for enforcing private
agreements.
Definitions and rules of construction used in this USDO are in Article
VI (Rules of Construction; Definitions).
If any clause, sentence, paragraph, section or part of this USDO shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Without affecting this general statement, each section of the sign regulations in §
375-409 (Signs) are specifically severable, and the invalidity of any regulation in that section shall not affect the validity or enforceability of other regulations in that section.