The zoning districts listed in § 375-202, Summary Table of Zoning Districts, are hereby created. These districts shall have the boundaries shown on the official Zoning Map maintained by the Chief Planning Official and available on the City of Albany's website.
The following table shows the zoning districts created by this
USDO.
Table 375.202.1
Summary Table of Zoning Districts
| |
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Base Zoning Districts
| |
Residential
| |
R-1L
|
Single-Unit, Low-Density
|
R-1M
|
Single-Unit, Medium-Density
|
R-2
|
Two-Unit
|
R-T
|
Townhouse
|
R-M
|
Multi-Unit
|
R-V
|
Residential Village
|
Mixed-Use
| |
MU-NE
|
Mixed-Use Neighborhood Edge
|
MU-NC
|
Mixed-Use Neighborhood Center
|
MU-CU
|
Mixed-Use Community Urban
|
MU-CH
|
Mixed-Use Community Highway
|
MU-CI
|
Mixed-Use Campus/Institutional
|
MU-DT
|
Mixed-Use Downtown
|
MU-FW
|
Mixed-Use Form-Based Warehouse
|
MU-FC
|
Mixed-Use Form-Based Central Avenue
|
MU-FS
|
Mixed-Use Form-Based South End
|
MU-FM
|
Mixed-Use Form-Based Midtown
|
Special Purpose
| |
I-1
|
Light Industrial
|
I-2
|
General Industrial
|
LC
|
Land Conservation
|
Overlay Districts
| |
HR-O
|
Historic Resources Overlay
|
AR-O
|
Archaeological Resources Overlay
|
FP-O
|
Floodplain Overlay
|
CS-O
|
Combined Sewer Overflow Overlay
|
PB-O
|
Pine Bush Overlay
|
NK-O
|
Normans Kill Overlay
|
AC-O
|
Albany-Colonie Intermunicipal Overlay
|
(1)
R-1L Single-Unit, Low-Density.
(b)
Purpose. The purpose of the R-1L District is to provide for
neighborhoods of low density, single-unit, principally detached dwellings
on medium to large lots. Limited recreational, educational, and other
neighborhood support uses are permitted as shown in Table 375.302.1
(Permitted Use Table).
(2)
R-1M Single-Unit, Medium-Density.
(3)
R-2 Two-Unit.
(b)
Purpose. The purpose of the R-2 District is to provide for neighborhoods
containing a blend of single-unit and two-unit, principally detached
dwellings on a variety of medium to small individual lots of varying
sizes. Limited recreational, educational, and other neighborhood support
uses are permitted as shown in Table 375.302.1 (Permitted Use Table).
(4)
R-T Townhouse.
(b)
Purpose. The purpose of the R-T District is to provide for neighborhoods
containing a blend of townhouse-style dwellings of varying sizes and
configurations. These areas are often coterminous with the City designated
historic districts and those areas of the City predating extensive
zoning regulation. A mix of uses is permitted where the existing building
typologies and built fabric of the area are consistent with such uses,
as shown in Table 375.302.1 (Permitted Use Table).
(5)
R-M Multi-Unit.
(b)
Purpose. The purpose of the R-M District is to provide for neighborhoods
containing predominantly multi-unit housing options in larger than
average dwelling structures, generally with heights of four stories
or less. A mix of uses are permitted where the existing building typologies
and built fabric of the area are consistent with such uses, as shown
in Table 375.302.1 (Permitted Use Table).
(6)
R-V Residential Village.
(b)
Purpose. The purpose of the R-V District is to provide for neighborhoods
containing groups of multi-unit housing buildings that may not be
located on separate lots and may be organized around open spaces or
curvilinear streets rather than on separate lots within a street grid.
Some support uses catering to those residing within the building or
complex of buildings, are permitted as shown in Table 375.302.1 (Permitted
Use Table).
The following section describes the mixed-use districts, which
are districts in which both residential and nonresidential principal
uses of land are permitted in the same structure or on the same lot.
For most mixed-use districts, this section provides an image illustrating
the overall district concept and a purpose statement for the district.
Four mixed-use districts, Form-Based Warehouse, Form-Based Central
Avenue, Form-Based South End, and Form-Based Midtown are regulated
based on their form and therefore are organized differently. In the
form-based districts, the overall vision is illustrated by a regulating
plan, supplemented by the street hierarchy that describes the required
form developments must follow in these areas.
(1)
MU-NE Mixed-Use Neighborhood Edge.
(b)
Purpose. The purpose of the MU-NE District is to provide for
moderate density housing options and limited mixed-use development.
Such districts are often located along principal transit corridors
and closely abut residential districts. The character of these areas
consists of a blend of uses, including dwellings, community and cultural
facilities, professional offices, services, and limited retail uses.
Use of any structure for a nonresidential use shall be done so as
to avoid altering the essential character of the structure or adversely
affecting the surrounding neighborhood.
(2)
MU-NC Mixed-Use Neighborhood Center.
(b)
Purpose. The purpose of the MU-NC District is to provide for
moderate density housing options amongst a nexus of locally oriented
neighborhood-scale commercial uses providing support services to the
surrounding residential neighborhoods. Land uses include a variety
of predominantly nondestination and non-auto-oriented retail and commercial
establishments, as well as complementary residential uses. A mix of
residential and nonresidential uses on individual lots is encouraged.
Other uses are permitted as shown in Table 375.302.1 (Permitted Use
Table).
(3)
MU-CU Mixed-Use Community Urban.
(b)
Purpose. The purpose of the MU-CU District is to provide for
a wide variety of retail, residential, and commercial uses intended
to serve an area larger than a specific neighborhood in an urban setting
characterized by relatively small blocks. A mix of residential and
nonresidential uses on individual lots is encouraged. Permitted uses
are shown in Table 375.302.1 (Permitted Use Table).
(4)
MU-CH Mixed-Use Community Highway.
(b)
Purpose. The purpose of the MU-CH District is to provide for
a wide variety of retail, residential, and commercial uses intended
to serve an area larger than a specific neighborhood, in areas characterized
by large blocks with arterial street access, and designed for convenient
access by automobile. A mix of residential and nonresidential uses
on individual lots is permitted but not required. Permitted uses are
shown in Table 375.302.1 (Permitted Use Table).
(5)
MU-DT Mixed-Use Downtown.
(b)
Purpose. The purpose of the MU-DT District is to provide for
a wide range of high-density uses that reinforce the existing, well-defined
urban character of Albany's historic downtown area. A mix of residential
and nonresidential uses on individual lots is encouraged. Permitted
uses are shown in Table 375.302.1 (Permitted Use Table).
(6)
MU-CI Mixed-Use Campus/Institutional.
(b)
Purpose. The purpose of the MU-CI District is to provide for
sites or campuses with large public and institutional facilities,
such as hospitals, museums, and institutions of higher education.
Additional land uses include a variety of retail, commercial, and
residential uses traditionally associated with these large institutions,
as well as others shown in Table 375.302.1 (Permitted Use Table).
(7)
MU-FW Mixed-Use Form-Based Warehouse District.
(c)
Purpose. The purpose of the MU-FW District is to allow for a
greater variety of building reuse and encourage the redevelopment
of the Warehouse District into a walkable, urban mixed-use center
containing residential, retail, commercial, and entertainment uses,
while protecting the continued viability of the existing industrial
uses that are included in and surround that area. Permitted uses are
shown in Table 375.302.1 (Permitted Use Table).
(8)
MU-FC Mixed-Use Form-Based Central Avenue.
(c)
Purpose. The purpose of the MU-FC District is to encourage redevelopment
in the Central Avenue/Manning Square area into a vibrant mix of residential
and nonresidential uses that support the investment in bus rapid transit
services along Central Avenue while protecting the adjacent lower
density residential neighborhoods. Permitted uses are shown in Table
375.302.1 (Permitted Use Table).
(9)
MU-FS Mixed-Use Form-Based South End.
(c)
Purpose. The purpose of the MU-FS District is to encourage redevelopment
in the South End area by re-creating a more fine-grained street system
that encourages internal pedestrian and bicycle circulation, encouraging
a vibrant mix of residential and nonresidential uses, and creating
new investment opportunities along the waterfront. Permitted uses
are shown in Table 375.302.1 (Permitted Use Table).
(10)
MU-FM Mixed-Use Form-Based Midtown.
(c)
Purpose. The purpose of the MU-FM District is to create a cohesive
and mutually supportive mixed-use neighborhood around the University
of Albany Downtown Campus, to improve the appearance of that area,
to ensure a vibrant atmosphere for students and residents alike, and
to protect residential uses surrounding the Downtown Campus from potential
adverse impacts of a large and growing university campus. Permitted
uses are shown in Table 375.302.1 (Permitted Use Table).
(1)
I-1 Light Industrial.
(b)
Purpose. The purpose of the I-1 District is to provide for a
broad range of commercial, civic, institutional, and light industrial
uses that do not generate significant noise, glare, or heavy traffic
impacts on surrounding areas. Permitted uses are shown in Table 375.302.1
(Permitted Use Table).
(2)
I-2 General Industrial.
(b)
Purpose. The purpose of the I-2 District is to provide for industrial
uses associated with the Port of Albany as well as those with greater
noise, glare, or heavy traffic impacts in locations that are typically
separated from nearby residential neighborhoods. Permitted uses are
shown in Table 375.302.1 (Permitted Use Table).
(1)
HR-O Historic Resources Overlay.
(a)
Purpose. There exist within the City places, sites, structures
and buildings of historic or architectural significance, antiquity,
uniqueness of exterior design or construction that should be conserved,
protected and preserved to maintain the architectural character of
the City, to contribute to the aesthetic value of the City and to
promote the general good, welfare, health and safety of the City and
its residents. The purpose of this chapter is to promote the general
welfare by providing for the identification, protection, enhancement,
perpetuation, and use of buildings, structures, signs, features, improvements,
sites, and areas within the City that reflect special elements of
the City's historical, architectural, cultural, economic or aesthetic
heritage.
(b)
Designated historic areas and structures.
(i)
Pursuant to New York General Municipal Law §§ 96-a
and 119-dd(1), the following described areas are designated as areas,
buildings, structures and objects having a special historical or aesthetic
interest or value. Maps of these areas accompany each table listing
street addresses in that district.
(ii)
This overlay addresses locally designated historic
districts and structures. There may be additional designated areas
and structures throughout the City that are regulated at the state
or federal level but are not subject to the regulations of this overlay.
(iii)
Amendments to existing historic districts and
the boundaries of any historic districts designated in the future
shall be specified in detail and shall be filed with the Planning
Official for public inspection.
Center Square/Hudson Park Historic District
|
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Alfred E. Smith State Office Building
|
Chestnut Street: 58-176; 59-167
|
Delaware Avenue: 4-62; 21; 25
|
Dove Street: 22-168; 23-169
|
Elm Street: 182-288; 175-275
|
Garden Alley: all
|
Hamilton Street: 289-411; 334-410
|
Hudson Avenue: 234-374; 269-383
|
Irving Street: all
|
Jay Street: 142-226; 121-231
|
Jefferson Street: all
|
Lancaster Street: 110-222; 111-225
|
Lark Street: 200-306; 195-325
|
Madison Avenue: 324-462; 327-467
|
Myrtle Avenue: 150-238; 147-221
|
Park Avenue: 203-257 (odd only)
|
South Swan Street: 90-184
|
Spring Street: 2-72 (even only)
|
State Street: 244-360; 249-373
|
Clinton Avenue/North Pearl Street/Clinton Square Historic
District
|
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Clinton Avenue: 19-613; 22-610
|
Clinton Square: all
|
North Pearl Street: 168-250; 201-243
|
Downtown Albany Historic District
|
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Beaver Street: all
|
Broadway: 351-575; 324-610
|
Columbia Street: 46-54; 39-75
|
Grand Street: 2-14 (even only)
|
Howard Street: all
|
Hudson Avenue: 29-31
|
James Street: 52-54
|
Lodge Street: all
|
Maiden Lane: all
|
North Pearl Street: 11-87; 18-90
|
Pine Street: all
|
Sheridan Avenue: 4-12
|
State Street: 35-125; 38-144
|
Elberon Triangle Historic District
|
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Elberon Place: 3-63 (odd only)
|
Quail Street: 198-210 (even only)
|
South Lake Avenue: 11-51 (odd only)
|
Western Avenue: 146-214 (even only)
|
Lafayette Park Historic District
|
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Albany City Hall
|
Albany County Courthouse
|
Cathedral of All Saints
|
Columbia Place: all
|
Columbia Street: 77-107
|
Elk Street: 1-37
|
New York State Capitol
|
New York State Court of Appeals
|
New York State Education Building
|
Lark Street Historic District
|
---|
Elk Street: 169-187 (odd only)
|
Lark Street: 97-161 1/2; 100-164
|
Lexington Avenue Historic District
|
---|
Lexington Avenue: 7-31; 6-36
|
Mansion Historic District
|
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Ashgrove Place: all
|
Bleecker Place: all
|
Eagle Street: 131-183 (odd only)
|
Elm Street: 1-59; 2-68
|
Grand Street: 47-149; 62-140
|
Hamilton Street: 114-140 (even only)
|
Madison Avenue: 112-180; 115-173
|
Madison Place: all
|
Myrtle Avenue: 10-52; 1-55
|
Park Avenue: 7; 9; 45-71; 32-72
|
Philip Street: all
|
South Pearl Street: 115-243 (odd only)
|
Trinity Place: 6-80 1/2; 1-47
|
Van Zandt Street: all
|
Westerlo Street: 80-90; 83-95
|
Wilbur Street: all
|
Pastures Historic District
|
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Bleecker Street: all
|
Green Street: 101-151; 118-144
|
Herkimer Street: all
|
Madison Avenue: 82-104 (even only)
|
South Ferry Street: all
|
Westerlo Street: 36-76; 47-77
|
South End/Groesbeckville Historic District
|
---|
Alexander Street: 1-69; 2-64
|
Bassett Street: School 1; 81-83; 48-76
|
Broad Street: 45-159; 40-190
|
Catherine Street: 1-45; 2-46
|
Clinton Street: 15-151; 34-154
|
Delaware Street: 1-39; 2-48
|
Elizabeth Street: all
|
Fourth Avenue: 105-153; Firehouse;
|
Bathhouse; 100-152
|
Franklin Street: St. Ann's/St. John's Church and Center; 120-150;
159-169
|
Morton Avenue: 2-84 (even only)
|
Osborne Street: 1-15 (odd only)
|
Plum Street: 55-65; 52-56
|
Schuyler Street: 97-John Howe Library; 84-108
|
Second Avenue: 1-59; 2-58
|
South Pearl Street: 289-477; 298-338
|
Stephen Street: all
|
Teunis Street: all
|
Third Avenue: 1-69; 2-82
|
South Lake Avenue Historic District
|
---|
South Lake Avenue: 99-161; 102-124
|
South Pearl Street Commercial Row Historic District
|
---|
South Pearl Street: 36-64 (even only)
|
Ten Broeck Triangle Historic District
|
---|
First Street: 2-76; 35-79
|
Hall Place: all
|
North Hawk Street: 79-87; 80-90
|
North Swan Street: 32-96; 19-79
|
St. Joseph's Terrace: all
|
Second Street: 12-44; 13-53
|
Ten Broeck Place: all
|
Ten Broeck Street: all
|
Upper Madison Avenue Historic District
|
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Madison Avenue: 727-775; 728-774
|
Yates Street: 367-387 (odd only)
|
Washington Park Historic District
|
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Englewood Place: all
|
Henry Johnson Boulevard: 1-17
|
Madison Avenue: 469; 721-725; 462-718
|
South Lake Avenue: 22; 37-89
|
Sprague Place: 1-5
|
Spring Street: 74-94, 83-99
|
State Street: 375-503
|
Thurlow Terrace: all
|
Western Avenue: 76
|
Willett Street: all
|
Individual Listings
|
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Albany Academy Building, 12 Elk Street, Academy Park
|
Albany City Hall, 24 Eagle Street
|
Albany Institute of History and Art, 125 Washington Avenue
|
Albany Union Station, 575 Broadway
|
Benjamin Arnold House (465 State Street) and Carriage House
(307 Washington Avenue)
|
Cathedral of All Saints, 60 Elk Street
|
Cathedral of the Immaculate Conception, 120 Eagle Street
|
Cherry Hill, 523 1/2 South Pearl Street
|
Church of the Holy Innocents, 275 North Pearl Street
|
Delaware and Hudson Railroad Building, 365 Broadway
|
First Reformed Church, 110 North Pearl Street
|
First Trust Company Building, 35 State Street
|
James Hall's Office, Lincoln Park
|
New York State Capitol, Eagle Street
|
New York State Court of Appeals Building, 20 Eagle Street
|
New York State Education Building, 31 Washington Avenue
|
New York State Executive Mansion, 138 Eagle Street
|
Old Post Office, 441 Broadway
|
Palace Theatre, 19 Clinton Avenue
|
Quackenbush House, 683 Broadway
|
Quackenbush Pumping Station - Albany Waterworks, 19 Quackenbush
Street
|
St. Mary's Church, 14 Lodge Street
|
St. Peter's Church, 99 State Street
|
Schuyler Mansion, 32 Catherine Street
|
Ten Broeck Mansion, 9 Ten Broeck Place
|
United Traction Company Building, 600 Broadway
|
Van Ostrade-Radliff House, 48 Hudson Avenue
|
Whipple Cast and Wrought Iron Bowstring Truss Bridge, 1000 Delaware
Avenue
|
Young Men's Christian Association, 60 North Pearl Street
|
(c)
General guidelines.
(i)
The general design and character of the proposed alteration,
addition or new construction should be compatible with the building
and historic district.
(ii)
The scale of the proposed alteration addition
or new construction should relate to the building itself, surrounding
buildings, the neighborhood and the historic district.
(iii)
Texture, materials and color should relate to
similar features of other structures in the neighborhood.
(iv)
Changes should be visually compatible with surrounding
buildings, including the proportion of the building's front facade,
the proportion and arrangement of windows and other openings within
the facade, the roof shape and the rhythm and spacing of buildings
on streets, including setbacks.
(v)
Compatible materials and colors that are either visually quiet
or similar in relation to traditional colors used in the area should
be used in new construction or when restoration of original materials
is impossible.
(vi)
Inappropriate contemporary materials, including those that attempt
fake antiquity or rusticity (e.g., unpainted natural wood, reused
common brick, undressed stone or asphalt, aluminum or vinyl siding),
are specifically prohibited on front facades or any side elevation
visible from a public right-of-way.
(vii)
Grounds for considering a proposed design inappropriate
would include arresting and spectacular effects, violent contrasts
of materials or colors or intense colors or a multiplicity or incongruity
of details resulting in a disturbing appearance.
(d)
Rehabilitation guidelines. The following standards for rehabilitation
and guidelines for rehabilitating historic buildings are adopted by
the Historic Resources Commission to the extent that they affect exterior
alterations:
(i)
Every reasonable effort shall be made to provide a compatible
use for a property that requires minimal alteration of the building,
structure or site and its environment.
(ii)
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material or distinctive
architectural features should be avoided whenever possible.
(iii)
All buildings, structures and sites shall be
recognized as products of their own time. Alterations that have no
historic basis and that seek to create an earlier appearance shall
be discouraged.
(iv)
Changes that may have taken place in the course
of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
(v)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure or site shall be treated with
sensitivity.
(vi)
Deteriorated architectural features shall be repaired
rather than replaced whenever possible. In the event that replacement
is necessary, the new material should match the material being replaced
in composition, design, color, texture and other visual qualities.
(vii)
Repair or replacement of missing architectural features should
be based on accurate duplication of features, substantiated by historic,
physical or pictorial evidence, rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
(viii)
The surface cleaning of structures shall be
undertaken with the gentlest means possible. Sandblasting, pressure
grit washing and other cleaning methods that will damage the historic
building materials shall not be undertaken.
(ix)
Every reasonable effort shall be made to protect
and preserve archaeological resources affected by or adjacent to any
project.
(x)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historic, architectural or cultural material
and when such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
(xi)
Wherever possible, new additions or alterations
to structures shall be done in such a manner that, if such additions
or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
(xii)
Windows.
A.
Original windows should be repaired rather than
replaced whenever possible.
B.
A replacement window should match the size of the
original opening in width, length and depth of placement and should
be constructed in the configuration of the existing or original window
(i.e., double-hung sash, 2/2, 6/1, 6/6, etc.).
C.
In the event that a previously altered, noncompatible window is being
replaced on a street-facing facade, the new window should conform
to the original opening and be of a style, color and material appropriate
to the building. When there is no evidence of the original window,
the new one should be complementary to the building design.
D.
The use of interior storm windows is encouraged,
but exterior metal or vinyl storm windows the same size as the opening
and of an appropriate color are acceptable.
(xiii)
Stoops.
A.
Brownstone stoops should be repaired rather than
replaced. In the event that portions must be replaced, repair materials
should match the color of and closely resemble the existing materials.
Replacements for brownstone stoops should be of stone or be entirely
cast in tinted concrete and should match the color, placement, size,
scale and design of originals as closely as possible.
B.
Replacement wooden stoops should match the size,
scale, design and placement of the originals or should be appropriate
to the original design of the buildings to which they are attached.
Each stoop should be painted with a color appropriate to the individual
building and the surrounding district.
C.
The consistent rhythm of projecting entrance stoops
is an important characteristic of the streetscape in historic areas
and should be maintained.
(xiv)
Rails. When appropriate, original wrought iron
rails should be retained when new stoops are built. In the event that
a rail is missing, the new rail should be custom-made to be compatible
with the style of the building or the surrounding district, where
practicable, or be a modern nondecorative rail or a salvaged historic
rail appropriate to the style of the building.
(xv)
Paint and other materials.
A.
Retention and/or restoration of old materials and original colors
are encouraged. Removal or covering over, including painting, of historic
and previously unpainted materials is to be avoided whenever practicable.
B.
Historically, Albany common brick was painted; therefore, it
should be painted. Harder pressed or face brick was not painted; therefore,
these types of brick should be left unpainted.
C.
Although a certificate of appropriateness is not required for
painting nonmasonary surfaces and repainting previously painted masonry
surfaces, full compliance with the above standards is required.
(xvi)
Doors. Original doors should be repaired rather
than replaced whenever possible. A replacement door should be constructed
to fit the entire original opening in length, width, depth of placement
and style or configuration.
(e)
New construction guidelines. These guidelines apply to new construction
in historic districts with primarily residential and neighborhood
commercial character, including all but the Downtown Albany Historic
District.
(i)
New construction shall be compatible with the architectural
scale, massing, volume and styles existing in the historic district.
(ii)
Materials.
A.
Compatible materials and colors that are either similar to or
visually quiet in relation to the traditional ones used in the area
should be used in new construction.
B.
Inappropriate contemporary materials, including those that attempt
fake antiquity or rusticity, shall be discouraged. When appropriate
traditional materials cannot be used, preference should be given to
contemporary materials used in a straightforward manner that at the
same time are not conspicuous in the traditional context of the district.
C.
Material selection for new buildings should reflect consideration
of the historic district and adjacent historic buildings. In order
to retain the visual integrity of the area, contemporary materials,
such as glass, curtain walls, concrete, etc., are acceptable, provided
that the overall texture, color and detail of the building facade
are visually quiet and compatible with the historic district.
(iii)
Facade openings.
A.
The combined area of openings in the principal plane
of the facade should not exceed 1/3 of the overall facade. End-row
or corner-sited buildings will be subject to review of both the principal
and secondary facades.
B.
Repetitive openings should be proportioned so that
the height is at least twice the width but not more than three times
the width. Basement and attic windows of small area may be excluded
from this restriction. The height-to-width ratio of a single architectural
feature, such as a door opening, a bay window or one feature window,
may be reduced to 1:1.
C.
The design of commercial storefronts may differ
from the residential proportions for Subsection (1)(e)(iii)A and B
as described above; however they should be compatible with the design
and proportion for other historic commercial storefronts within the
district.
(iv)
Facade rhythm and proportion.
A.
By manipulation of architectural features, the rhythm of separate
building units existing on a street of attached townhouses is to be
carried across the facade of new attached structures that occupy more
than one house lot. Ways in which such articulation may be achieved
easily on extended facades include rhythmical grouping of openings
in clusters, inclusion of vertical delineations in the wall plane
and architectural expression of structural bays.
B.
The facade of a structure erected on a single house lot should
be proportioned so that the height equals at least 1 1/2 times
the width. Adjustment shall be made for residentially zoned lots that
exceed the predominant lot widths along the primary street.
(v)
Architectural features. Townhouse roofs generally should not
be visible from the street front, except where a proposed design relates
to an abutting historic structure or to a streetscape with several
structures possessing roof surfaces visible from the street.
(vi)
Ornamentation. New infill structures may incorporate
ornamental features common to the historic district; otherwise, decorative
features should be both clearly modern and compatible with the historic
district.
(vii)
Floor levels. Indication of floor levels by means
of opening placement and use of belt courses should be related primarily
to those levels generally indicated on the entire block and secondarily
to those of the two abutting structures.
(viii)
Building height. Building height should relate
primarily to the general height of the buildings on the same side
of the block. Secondary consideration should be given to the following:
A.
The maximum height of a building should be not greater
than the taller of the abutting structures on each side of the building
site or the tallest building on the same block as the building.
B.
The minimum height of a street facade should be
not less than the lower of the abutting structures on each side of
the building site or the tallest building on the same block as the
building.
(ix)
In districts characterized by contiguous townhouse
construction, the entire street frontage of a lot should be occupied
by the building facade(s) that adheres to the height guidelines. In
historic areas characterized by detached residential construction,
the street front setback should be consistent with those structures
on the block or street that contribute to the historic and aesthetic
character of the streetscape.
(f)
New construction in or adjacent to the Downtown Albany Historic District. The area comprising the Downtown Albany Historic District has been the center of Albany's growth and development throughout the City's history. This characteristic has resulted in the district's potentially conflicting distinctions of being the location of many of the City's most architecturally and/or historically significant buildings and sites, while also being one of the most logical and desirable locations for new development. Due to the diversity of the existing components of the district, every proposed project involving new construction in or adjacent to the Downtown Albany Historic District will be evaluated for appropriateness to its site and for quality of design and materials. The following general guidelines apply to all new construction in or adjacent to the Downtown Albany Historic District, including but not limited to those properties in the Fort Orange/Downtown Albany Archaeological Review District and the Secondary Downtown Albany Archaeological Review District described in § 375-206(2) (AR-O Archaeological Resources Overlay).
(i)
Street pattern. A feature of downtown with great historic significance
is the street pattern that has survived largely intact from the 17th
Century. New construction should respect this historic street pattern
at ground level and in general should be built parallel to the curblines.
(ii)
Street facades. The street facade(s) of a new
building should be located at the lot line, as has traditionally been
the case in the district. In the design of corner buildings, particular
attention should be given to the definition of the street corner(s)
through the use of building mass. Where adjacent buildings are built
behind the lot line to accommodate sidewalk cafes, new construction
should be consistent with that building placement.
(iii)
Overall design. If at all possible, the scale,
materials and facade configuration of a new structure should relate
to those of the adjacent structures and the overall streetscape. The
goal of these guidelines is to secure compatible new design; the replication
or imitation of existing structures is strongly discouraged. The appropriate
use of contemporary styles and materials is encouraged, although such
styles should fit into the general context of the immediate vicinity.
(g)
Fence, wall, and accessory structure guidelines.
(i)
Fences and accessory structures.
A.
When visible from a public right-of-way, proposed fences or
other accessory structures, such as trellises or storage sheds, shall
be reviewed by the Chief Planning Official and should be in general
conformance with the review criteria in this section.
B.
Chain-link fences located on street frontage are not appropriate
within historic districts.
C.
Wood fences generally should be painted or covered with a solid
stain to avoid a too rustic appearance.
D.
Fences, walls, landscaping, or a combination of those features,
may be required to screen parking areas. Particular design consideration
should be given to the screening of parking lots. In most cases, parking
lots should be screened by masonry walls or by more massive and permanent
wood or metal fences. However, screening by fences, walls, and landscaping
may be limited if they would obscure historic or important views of
a building. Whenever practicable, parking lot fences or walls should
be in line with the front plane of the buildings on the street and
should visually screen parked vehicles from the street.
(ii)
Signs.
A.
In general, sign sizes should be minimal to avoid obscuring
architectural details and to avoid visual clutter on the street.
B.
Signs for first-story commercial space in historic districts
generally should be placed no higher than the bottom of the second-story
windows. Signage should be kept to the first-story frieze or lintel
area usually found on 19th Century and early 20th Century Albany commercial
storefronts.
C.
Backlit plastic signs are discouraged as inappropriate to the
19th and early 20th Century character of the districts.
D.
Neon signs and awnings that are designed to be in character
with the street and building may be permitted.
E.
Existing signs that may contribute to the historic character
of the district and the building, and their design will be considered
carefully before replacement will be permitted.
(h)
Ordinary repair and maintenance permitted. Nothing in this § 375-206(1) or related procedures in § 375-505(4) (Certificate of appropriateness) shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a historic landmark or property within a historic district that does not involve a change in design, building materials, color or outward appearance.
(i)
Requirements and procedures.
(i)
No person shall carry out any exterior alteration, addition, restoration, reconstruction, demolition, new construction or moving of a landmark or a property within a historic district, nor shall any person make any material change in the appearance of such a property or its windows, light fixtures, signs or awnings, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley without first obtaining a certificate of appropriateness under § 375-505(4), or a historic property hardship modification under § 375-505(12), as applicable, and a building permit.
(ii)
No permit for signage, new construction, repair,
addition, alteration, a sidewalk barricade, demolition or any other
work that will affect the exterior of a landmark or a property within
a historic district shall be issued by the Chief Building Official
until the applicant has obtained a certificate of appropriateness.
(iii)
All applications to designate a new landmark structure or historic district, or to change the boundaries of a historic district, or to remove the City designation from a landmark or historic district, shall be subject to the requirements and procedures of § 375-505(21) (Designation of historic landmarks).
(2)
AR-O Archaeological Resources Overlay.
(a)
Purpose. The purpose of the AR-O District is to ensure that
development in areas designated as archaeologically sensitive or potentially
archaeologically sensitive occurs in a way that protects those designated
areas and resources.
(b)
Areas designated as archaeologically sensitive.
(i)
Fort Orange/Downtown Albany Archaeological Review District.
(ii)
Secondary Downtown Albany Archaeological Review
District.
B.
This area is considered archaeologically sensitive because it
is supportive of the Downtown Albany Archaeological District and Fort
Orange areas by reason of proximity, similar street configuration
and an interspersing of similar structures.
C.
All properties located within the Secondary Downtown Review District that have been designated as landmarks or are included in a historic district are subject to all the provisions of this § 375-206(2)(b)(ii).
(iii)
Washington Avenue Archaeological Review District.
B.
Washington Avenue Archaeological Review District Description. 1455
and a portion of 1375; portions of 1395 – 1421 Washington Avenue
(odd only). Beginning at a point in the southerly bounds of lands
of the State of New York, Interstate Route 504 (I-90), Fuller Road
to Everett Road, said point being 82.08 feet distant on a bearing
of south 62 degrees 32 minutes 28 seconds east from a point bend in
said southerly bounds of lands of the State of New York, Interstate
Route 504 (I-90), Fuller Road to Everett Road, as shown on a map entitled
"Map showing property line and easements for No. 1455 and a portion
of No. 1375 Washington Avenue," prepared by Hershberg and Hershberg,
dated 9-6-1994, with revisions dated 11-8-1994 and 2-17-1995; thence
south 62° 32 minutes 28 seconds east along the southerly bounds
of lands of the State of New York, Interstate Route 504 (I-90), Fuller
Road to Everett Road, Map No. 530, Parcel 651, a distance of 96.74
feet to a point; thence south 38° 07 minutes 03 seconds east a
distance of 122.29 feet to a point; thence south 42° 29 minutes
50 seconds east a distance of 933.94 feet to a point; thence south
47° 30 minutes 10 seconds west 40.00 feet to a point; thence north
42° 29 minutes 50 seconds west a distance of 527.60 feet to a
point; thence south 47° 30 minutes 10 seconds west 30.00 feet
to a point; thence north 42° 29 minutes 50 seconds west a distance
of 200.00 feet to a point; thence north 47° 30 minutes 10 seconds
east 30.00 feet to a point; thence north 42° 29 minutes 50 seconds
west a distance of 207.87 feet to a point; thence north 38° 07
minutes 03 seconds west a distance of 211.90 feet to the point and
place of beginning.
C.
This area is considered archaeologically sensitive because it includes
the last intact remains of the first railroad in New York State (the
Mohawk & Hudson Railroad berm) and an 1851 brick arch conduit
that previously served Six Mile Waterworks.
(iv)
Remainder of the City.
A.
The remainder of the City of Albany contains areas of potential
archaeological sensitivity and includes all lands within City limits
not within Fort Orange/Downtown, Secondary Downtown Albany and Washington
Avenue Archaeological Review Districts.
B.
No person shall carry out any excavation, grading or roadwork in a designated historic district or on a property containing a designated landmark without first obtaining a certificate of appropriateness under § 375-505(4), as applicable, and a grading permit.
C.
Any applicant proposing subsurface excavation in this area should
be aware that a Phase IA Cultural Resource Investigation may be required
as part of a development plan review, building, grading or other permit
based on available information about potential archaeological resources
in the area, including but not limited to the presence of any of the
features listed in Subsection (2)(B)(vi)D below.
D.
If any of the following features are discovered on a site within
the City of Albany, all activity that could disturb, dislocate, damage,
or destroy the feature must stop immediately, and the applicant or
property owner must notify the City promptly of the existence of such
features:
(c)
Procedure.
(i)
A basic review of readily available cultural resources information
is required to be submitted with any development plan. The Chief Planning
Official may require a Phase IA Cultural Resource Investigation based
upon available information about potential archaeological resources
in the area.
(ii)
For proposed development in an archaeological
review district, a Phase IA Cultural Resources Investigation must
be submitted to the Historic Resources Commission. The Commission
may require additional examination, including but not limited to Phase
1B, Phase II and Phase III reports to establish the significance of
the resources and agree upon appropriate mitigation.
(iii)
If resources are discovered as a part of a Phase 1B investigation,
modifications to the proposed project may be permitted to avoid or
minimize potential impacts. If resources are identified and cannot
be readily avoided, then the review shall be referred to the Historic
Resources Commission for consideration of the need for further examination,
including but not limited to Phase II and Phase III reports, to establish
the significance of the resources and agree upon appropriate mitigation.
The Historic Resources Commission shall issue a certificate of appropriateness
as a part of its determination.
(d)
Cultural resources investigations.
(i)
The applicant or the authorized agent thereof shall confer with the
City prior to preparing any submission to define and agree upon guidelines
for such cultural resource investigation. The City may refer any application
or report to the New York State Office of Parks, Recreation and Historic
Preservation for advice and consent thereon.
(ii)
Cultural resource investigations shall be consistent with the Standards
for Cultural Resource Investigations and the Curation of Archaeological
Collections in New York State promulgated by the New York Archaeological
Council and shall be prepared by a professional archaeologist.
(iii)
The applicant shall be responsible for all costs associated
with the review and reporting.
(3)
FP-O Floodplain Overlay.
(a)
Purpose. The purpose of the FP-O Overlay District is to ensure
that development in floodplains defined by Federal Emergency Management
Agency (FEMA) Flood Insurance Rate Maps (FIRM) complies with all applicable
FEMA regulations; to promote public health, safety, and general welfare;
and to minimize public and private losses due to flood conditions
in specific areas by provisions designed to:
(i)
Regulate uses that are dangerous to health, safety, and property
due to water or erosion hazards, or that result in damaging increases
in erosion or in flood heights or velocities;
(ii)
Require that uses vulnerable to floods, including
facilities that serve such uses, be protected against flood damage
at the time of initial construction;
(iii)
Control the alteration of natural floodplains,
stream channels, and natural protective barriers that are involved
in the accommodation of floodwaters;
(iv)
Control filling, grading, dredging and other development
that may increase erosion or flood damages;
(v)
Regulate the construction of flood barriers that will unnaturally
divert floodwaters or that may increase flood hazards to other lands;
and
(vi)
Qualify for and maintain participation in the
National Flood Insurance Program.
(b)
Objectives. The objectives of the FP-O are to:
(i)
Protect human life and health;
(ii)
Minimize expenditure of public money for costly
flood-control projects;
(iii)
Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense of
the general public;
(iv)
Minimize prolonged business interruptions;
(v)
Minimize damage to public facilities and utilities, such as
water and gas mains, electric, telephone, sewer lines, streets and
bridges located in areas of special flood hazard;
(vi)
Help maintain a stable tax base by providing for
the sound use and development of areas of special flood hazard so
as to minimize future flood blight areas;
(vii)
Ensure that developers are notified that property
is in an area of special flood hazard; and
(viii)
Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
(c)
General provisions.
(i)
This § 375-206(3) shall apply to all areas of special flood hazard within the jurisdiction of the City.
(ii)
Basis for establishing areas of special flood
hazard:
A.
The areas of special flood hazard for the City of Albany, Community
No. 360001, are identified and defined on the following documents
prepared by the Federal Emergency Management Agency:
1.
Flood Insurance Rate Map Panel Nos. 360001C0157D,
360001C0159D, 360001C0176D, 360001C0178D, 360001C0179D, 360001C0183D,
360001C0187D, 360001C0188D, 360001C0189D, 360001C0191D, 360001C0192D,
360001C0193D, 360001C0194D, 360001C0211D, 360001C0213D, 360001C0306D,
360001C0307D, whose effective date is March 16, 2015, and any subsequent
revisions to these map panels that affect areas under the City's jurisdiction.
2.
A scientific and engineering report entitled "Flood
Insurance Study, Albany County, New York, All Jurisdictions," dated
March 16, 2015.
3.
Letter of Map Revision (LOMR) Case No. 17-02-1160P revising
FIRM panels: 36001C0192D, 36001C0211D, and 36001C0213D, effective
March 7, 2019.
B.
The above documents shall be considered a part of this § 375-206(3). The Flood Insurance Study and/or maps shall be kept on file with the City Clerk.
(iii)
This § 375-206(3) includes all revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention.
(iv)
In their interpretation and application, the provisions of this § 375-206(3) shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and welfare.
(v)
Unless specifically defined in Article VI (Rules of Construction; Definitions), words or phrases used in this § 375-206(3) shall be interpreted so as to give them the meaning they have in common usage and to give this subsection its most reasonable application.
(vi)
All references to Zones A, A1-30, AE, AH, AO, B, or X in this § 375-206(3) refer to those zones as depicted on the Flood Insurance Rate Maps listed and referenced in this subsection.
(d)
Warning and disclaimer of liability. The degree of flood protection required by this § 375-206(3) is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This § 375-206(3) does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This § 375-206(3) shall not create liability on the part of the City, any officer or employee of the City, or the Federal Emergency Management Agency for any flood damages that result from reliance on this § 375-206(3) or any administrative decision lawfully made under this § 375-206(3).
(e)
Administration; designation of local floodplain administrator. The Chief Building Official or the equivalent position is hereby appointed local floodplain administrator to administer and implement this § 375-206(3) by granting or denying floodplain development permits in accordance with its provisions.
(f)
Use of other flood data.
(i)
When the Federal Emergency Management Agency has designated
areas of special flood hazard on the community's Flood Insurance Rate
Map (FIRM) but has neither produced water surface elevation data nor
identified a floodway, the Chief Building Official shall obtain, review
and reasonably utilize any base flood elevation and floodway data
available from a federal, state or other source as criteria for requiring
that new construction, substantial improvements or other proposed
development meets the requirements of this subsection.
(ii)
When base flood elevation data are not available,
the Chief Building Official may use flood information from any other
authoritative source, such as historical data, to establish flood
elevations within the areas of special flood hazard, for the purposes
of this subsection.
(g)
Construction standards.
(i)
General standards. Section 375-206(3)(g)(i)A and B shall apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 375-206(3)(c).
A.
Subdivision proposals. The following standards apply to all
new subdivision proposals and other proposed development in areas
of special flood hazard:
1.
Proposals shall be consistent with the need to minimize
flood damage;
2.
Public utilities and facilities, such as sewer,
gas, electrical and water systems, shall be located and constructed
so as to minimize flood damage; and
3.
Adequate drainage shall be provided to reduce exposure
to flood damage.
B.
Encroachments.
1.
Within Zones A1-A30 and AE, on streams without a
regulatory floodway, no new construction, substantial improvements
or other development (including fill) shall be permitted unless:
a.
The applicant demonstrates that the cumulative effect
of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any location; or
b.
The City agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA approval
is received and the applicant provides all necessary data, analyses
and mapping and reimburses the City, for all fees and other costs
in relation to the application. The applicant must also provide all
data, analyses and mapping and reimburse the City for all costs related
to the final map revision.
2.
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 375-206(3)(c), no new construction, substantial improvements or other development in the floodway (including fill) shall be permitted unless:
a.
A technical evaluation by a licensed professional
engineer shows that such an encroachment shall not result in any increase
in flood levels during occurrence of the base flood; or
b.
The City agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway revision,
FEMA approval is received and the applicant provides all necessary
data, analyses and mapping and reimburses the City for all fees and
other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the City, for
all costs related to the final map revisions.
3.
Whenever any portion of a floodplain is authorized
for development, the volume of space occupied by the authorized fill
or structure below the base flood elevation shall be compensated for
and balanced by a hydraulically equivalent volume of excavation taken
from below the base flood elevation at or adjacent to the development
site. All such excavations shall be constructed to drain freely to
the watercourse. No area below the waterline of a pond or other body
of water can be credited as a compensating excavation.
(ii)
Standards for all structures. Section 375-206(3)(g)(ii)A, B and C shall apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 375-206(3)(c).
A.
Anchoring. New structures and substantial improvement to structures
in areas of special flood hazard shall be anchored to prevent flotation,
collapse, or lateral movement during the base flood. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
B.
Construction materials and methods.
1.
New construction and substantial improvements to
structures shall be constructed with materials and utility equipment
resistant to flood damage.
2.
New construction and substantial improvements to
structures shall be constructed using methods and practices that minimize
flood damage.
3.
Enclosed areas below lowest floor.
a.
For enclosed areas below the lowest floor of a structure
within Zones A1-A30, AE or AH, and also Zone A if base flood elevation
data are available, new and substantially improved structures shall
have fully enclosed areas below the lowest floor that are usable solely
for the parking of vehicles, building access or storage in an area
other than a basement and that are subject to flooding, designed to
automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a licensed professional
engineer or architect or meet or exceed the following minimum criteria:
4.
Openings may be equipped with louvers, valves, screens
or other coverings or devices, provided that they permit the automatic
entry and exit of floodwaters. Enclosed areas subgrade on all sides
are considered basements and are not permitted.
C.
Utilities.
1.
New and replacement electrical equipment, heating,
ventilating, air conditioning, plumbing connections, and other service
equipment shall be located at least two feet above the base flood
elevation or be designed to prevent water from entering and accumulating
within the components during a flood and to resist hydrostatic and
hydrodynamic loads and stresses. Electrical wiring and outlets, switches,
junction boxes and panels shall also be elevated or designed to prevent
water from entering and accumulating within the components unless
they conform to the appropriate provisions of the electrical part
of the Building Code of New York State or the Residential Code of
New York State for location of such items in wet locations;
2.
New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the system;
3.
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of floodwaters.
Sanitary sewer and storm drainage systems for buildings that have
openings below the base flood elevation shall be provided with automatic
backflow valves or other automatic backflow devices that are installed
in each discharge line passing through a building's exterior wall;
and
4.
On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them during flooding.
(iii)
Residential structures.
A.
Elevation. The following standards apply to new
and substantially improved residential structures located in areas
of special flood hazard, in addition to the requirements in §§ 375-206(3)(g)(i)A
and B and 375-206(3)(g)(ii).
1.
Within Zones A1-A30, AE and AH and also Zone A,
if base flood elevation data are available, new construction and substantial
improvements shall have the lowest floor (including basement) elevated
to or above one foot above the base flood elevation.
2.
Within Zone A, when no base flood elevation data
are available, new construction and substantial improvements shall
have the lowest floor (including basement) elevated at least three
feet above the highest adjacent grade.
3.
Within Zone AO, new construction and substantial improvements shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in § 375-206(3) (at least two feet if no depth number is specified).
4.
Within Zones AH and AO, adequate drainage paths
are required to guide floodwaters around and away from proposed structures
on slopes.
(iv)
Nonresidential structures. The following standards
apply to new and substantially improved commercial, industrial and
other nonresidential structures located in areas of special flood
hazard, in addition to the requirements in §§ 375-206(3)(g)(i)A
and B and 375-206(3)(g)(ii).
A.
Within Zones A1-A30, AE and AH, and also Zone A if base flood
elevation data are available, new construction and substantial improvements
of any nonresidential structure shall either:
1.
Have the lowest floor, including basement or cellar,
elevated to or above the base flood elevation; or
2.
Be floodproofed so that the structure is watertight
below the base flood elevation, including attendant utility and sanitary
facilities, with walls substantially impermeable to the passage of
water. All structural components located below the base flood level
must be capable of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy.
B.
Within Zone AO, new construction and substantial improvements
of nonresidential structures shall:
1.
Have the lowest floor (including basement) elevated
above the highest adjacent grade at least as high as two feet above
the depth number specified in feet on the community's FIRM (at least
two feet if no depth number is specified); or
2.
Together with attendant utility and sanitary facilities,
be completely floodproofed to that level to meet the floodproofing
standard specified in Subsection (3)(g)(iv)A2 above.
C.
If the structure is to be floodproofed, a licensed professional
engineer or architect shall develop and/or review structural design,
specifications, and plans for construction. A floodproofing certificate
or other certification shall be provided to the local floodplain administrator
that certifies the design and methods of construction are in accordance
with accepted standards of practice for meeting the provisions of
Subsection (3)(g)(iv)A2 above, including the specific elevation (in
relation to mean sea level) to which the structure is to be floodproofed.
D.
Within Zones AH and AO, adequate drainage paths are required
to guide floodwaters around and away from proposed structures on slopes.
E.
Within Zone A, when no base flood elevation data are available,
the lowest floor (including basement) shall be elevated at least three
feet above the highest adjacent grade.
(v)
Critical facilities. In order to prevent potential flood damages
to certain facilities that would result in serious danger to life
and health or widespread social or economic dislocation, no new critical
facility shall be located within any area of special flood hazard
or within any five-hundred-year flood zone shown as a B Zone or as
a shaded X Zone on the community's Flood Insurance Rate Maps.
(h)
APPEAL
BASEMENT
BUILDING
CELLAR
CRITICAL FACILITIES
(i)
(ii)
(iii)
(iv)
CUMULATIVE SUBSTANTIAL IMPROVEMENT
DEVELOPMENT
FEDERAL EMERGENCY MANAGEMENT AGENCY
FLOOD INSURANCE RATE MAP (FIRM)
HISTORIC STRUCTURE
RECREATIONAL VEHICLE
(i)
(ii)
(iii)
(iv)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
VIOLATION
Definitions. As used in this section, the following terms shall have
the meanings indicated.
A request for a review of the local administrator's interpretation of any provision of § 375-206(3) or a request for a floodplain variance.
That portion of a building having its floor subgrade (below
ground level) on all sides.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home.
That portion of a building having its floor subgrade (below
ground level) on all sides.
For purposes of the Floodplain Overlay (FP-O):
Structures or facilities that produce, use, or store highly
volatile, flammable, explosive, toxic and/or water-reactive materials;
Hospitals, nursing homes, and housing likely to contain occupants
who may not be sufficiently mobile to avoid death or injury during
a flood;
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operations centers that are needed for flood
response activities before, during, and after a flood; and
Public and private utility facilities that are vital to maintaining
or restoring normal services to flooded areas before, during, and
after a flood.
See § 375-602.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations or storage
of equipment or materials.
The federal agency that administers the National Flood Insurance
Program.
An official map of a community on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
See § 375-602.
A vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start
of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement is within 180 days after the date
of issuance. The actual "start of construction" means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns. Permanent construction does
not include land preparation (such as clearing, excavation, grading,
or filling), or the installation of streets or walkways, or excavation
for a basement, footings, piers or foundations, or the erection of
temporary forms, or the installation of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of
the main building. For a substantial improvement, the actual "start
of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. Substantial damage also means flood-related damages
sustained by a structure in two separate occasions during a ten-year
period for which the cost of repairs at the time of such flood event,
on the average, equals or exceeds 25% of the market value of the structure
before the damage occurred.
See § 375-602.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
(4)
CS-O Combined Sewer Overlay.
(a)
Purpose. The purpose of the CS-O Overlay District is to:
(i)
Mitigate impacts of new development and redevelopment on the
City's combined sanitary/storm sewer system and to ensure that the
City remains in compliance with applicable consent orders regarding
management of stormwater flows.
(ii)
Abate combined sanitary/storm sewer overflow discharges
and stormwater surcharges during wet weather events through the use
of practices that reuse, infiltrate, and delay the release of stormwater
into the combined sanitary/storm sewer system.
(c)
Compliance with consent order. All deposit of waste or sewage,
all construction of public or private sewers, all connections to public
sewer systems, and all other matters related to the disposal of stormwater
or sanitary sewer effluent within the Beaver Creek Sewer District,
the Karlsfeld Sanitary Sewer District, and the Krumkill Sanitary Sewer
Districts, shall comply with the terms of the Albany Pool Communities
Combined Sewer Overflow Long- Term Control Plan Order on Consent (DEC
Case No. CO 4-20120911-01), entered into by the Albany Pool Communities,
Albany County Sewer District, the Rensselaer County Sewer District,
and the New York State Department of Conservation on January 15, 2014,
and actions inconsistent with the terms of that order are violations
of this USDO, as amended, until such time as the terms of that order
are no longer binding on the City.
(d)
Additional referrals required. Each application for development
that is anticipated to generate over 2,500 gallons of sanitary sewer
flow per day will require review by the Albany Department of Water
and Water Supply and the New York State Department of Environmental
Conservation to ensure compliance with the State Pollution Discharge
Elimination System permit. The City may require the use of water recycling
technology as a condition for high water uses.
(5)
PB-O Pine Bush Overlay.
(a)
Purpose. The purpose of the PB-O Overlay District is to preserve
and protect the unique and sensitive nature of the Pine Bush area
environment, and to ensure that future development within the overlay
area complements efforts outlined in the Albany Pine Bush Preserve
Management Plan to the greatest extent possible, while still allowing
for appropriate development to occur.
(c)
Regulations.
(i)
General leveling and clearing of sites in the PB-O District
is not permitted. New construction or redevelopment shall not remove
existing indigenous trees or natural features except where necessary
for the approved building of foundations, parking areas, and access
driveways.
(ii)
Principal and accessory structures are generally
limited to a single story in height where a property abuts lands dedicated
for conservation pursuant to the Albany Pine Bush Preserve Management
Plan in order to reduce impacts from smoke arising from prescribed
burns required to maintain the health of the Pine Bush Preserve. The
Planning Board may approve additional stories if it would result in
a smaller total building footprint, less impervious lot coverage or
the dedication of additional lands for conservation.
(iii)
New or redeveloped principal structures shall
be set back at least 150 feet from each lot line with an adjacent
undeveloped or protected property in the PB-O District. All portions
of the required setback area that are not occupied by parking areas,
driving lanes, or stormwater management facilities shall be vegetated
by retaining any existing natural vegetation to the maximum extent
practicable. Where existing vegetation is more sparse or less biologically
diverse than that on the adjacent undeveloped PB-O District property,
it shall be supplemented through the planting of indigenous species,
primarily oak and pitch pines, to a similar density and biological
diversity as that on the adjacent undeveloped property.
(iv)
New or redeveloped principal structures shall
be set back no more than 50 feet from the front lot line, in order
to group traffic and occupancy impacts near those areas where the
PB-O District is already fragmented by existing roads.
(v)
On lots not more than 10,000 square feet in size, new or redeveloped
principal and accessory structures shall not occupy more than 20%
of the total lot area.
(vi)
All surface parking areas and access driveways
shall be located behind the front wall plane of the primary structure,
and shall be constructed of pervious paving materials unless the applicant
demonstrates that the use of such materials is inconsistent with the
type and level of vehicle use required for the permitted principal
use. If the use of impervious paving materials is approved, the total
area occupied by building footprints and impervious paving shall not
exceed 50% of the site area.
(vii)
Native species chosen from a list maintained
by the Pine Bush Preserve Commission and included in the Administrative
Manual will be used for required landscaping. New landscaping shall
not consist of introduced or invasive species.
(6)
NK-O Normans Kill Overlay.
(a)
Purpose.
(i)
The purpose of the NK-O Overlay District is to ensure careful
planning in this area so as to protect people and the environment
in the sensitive riparian area. A failure to do so has the potential
to result in the degradation of water quality, increased erosion and
flooding, loss of wildlife habitat, and reduced opportunities for
recreation along the creek.
(ii)
The Normans Kill is one of the major freshwater
tributaries of the upper Hudson River, which is accessible to anadromous
fishes and contains freshwater tidal wetland areas. The fish and wildlife
habitat is an approximate two-mile segment of this freshwater tributary,
extending from its mouth on the Hudson River to a falls that is located
just downstream from the New York State Thruway (Interstate Route
87) bridge. It is significant spawning habitat for migratory fishes
in the upper Hudson River.
(iii)
Erosion and landslides are persistent problems
along the Normans Kill, particularly where there is streamside development
or significant clearing of slopes. Soils composed of a high percentage
of clay have moderate to severe limitations and have high potential
erosion. As the slope of these soils increases, the limitations and
erosion hazard also increase. The urban areas of the City are particularly
vulnerable to erosion from stormwater runoff.
(c)
Regulations.
(i)
Any land use, structure, or activity that is anticipated or could
result in the disturbance of more than 10,000 square feet of surface
land area, or to the excavation of more than 100 cubic yards of dirt
or fill, shall be required to apply for major development plan review.
(ii)
An applicant shall be required to avoid or mitigate any potential
adverse impacts on the Normans Kill watershed or waterway, including
but not limited to soil erosion, soil slippage, and impacts to the
floodway or floodplain.
(7)
AC-O Albany-Colonie Intermunicipal Overlay.
(a)
Purpose.
(i)
The property, as described and/or depicted on the corresponding
overlay map, has been a long vacant industrial property bisected by
the municipal borders of the Town of Colonie and the City of Albany.
The property formerly housed Tobin's First Prize meat processing and
packaging facility, where meat packing activities were conducted,
and has been significantly deteriorating since its closure decades
ago. Several redevelopment opportunities have been explored over the
years with no tangible results. One of the primary reasons cited for
the lack of interest and or ability to redevelop the site is the uncertainty
that results from the property being located in two separate municipalities
and subject to two separate and complex land use approval processes.
(ii)
Consistent with their respective Comprehensive
Plans, the Town Board of the Town of Colonie and the Common Council
of the City of Albany each desire to facilitate redevelopment of this
vacant and deteriorating property. Redevelopment, through replanning,
and demolition and reconstruction where appropriate will promote and
encourage the elimination of blight in this area and promote economic
growth. Maximum flexibility for future redevelopment is to be encouraged.
(iii)
City of Albany Comprehensive Plan § 3.1,
which encourages ways to make the City attractive for business development
and appealing to regional economic development practitioners, states:
"[C]reation of new zoning or overlay districts, density evaluation
and adjustment to bring about desired community vision, elimination
of existing zoning districts that are obsolete or ineffective, and
rezoning of areas of the City to existing or new districts. Form-based
codes should be considered . . . and [p]romote development patterns
that include walkable streets, compact, mixed-use development, public
spaces, and context sensitivity to historic design and development."
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(iv)
Town of Colonie Comprehensive Plan, § 3.3,
states:
"Many opportunities exist within the Town of Colonie to regenerate
and revitalize once vital industrial areas. Locations that are underutilized
or even unused today, such as the First Prize Center . . . could be
returned to productive use. Trying to recreate value in these areas
is consistent with the notion that the Town of Colonie cannot look
at its remaining undeveloped land for all or most of its future development
opportunities. The future revitalization of these areas should be
viewed as a critical economic development opportunity . . . Success
with this type of initiative will help the Town maintain its fiscal
balance, making it possible to fund necessary services and desired
quality of life improvements."
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(v)
It is the purpose of this § 375-206(7) to promote the health, safety, convenience and general welfare of the residents of the City and the Town by establishing a single intermunicipal zoning district applicable to the covered area which promotes and encourages economic development in both municipalities through an integrated mix of planned commercial and residential uses designed and constructed using smart growth principles. This intermunicipal zoning district encourages a mix of uses within multiple-story buildings and structures, encourages a high density of building structures and uses to create a village-like or urban setting, promotes pedestrian and other nonvehicular access between uses and provides sufficient separation and buffering from properties neighboring the zoning district to protect the existing character of existing land uses surrounding the district.
(vi)
This § 375-206(7) is intended to promote intergovernmental cooperation to increase coordination and effectiveness of comprehensive planning and land use regulation, make more efficient use of infrastructure and municipal revenues, as well as the enhanced protection of community resources, especially where such resources span municipal boundaries.
(vii)
It is the intent of this § 375-206(7) to create an intermunicipal overlay zoning district, and a set of self-contained regulations to apply to any future redevelopment that occurs within the zoning overlay district. The City and the Town will accomplish this vision through creation of the Albany-Colonie Intermunicipal Overlay Zoning District.
(viii)
The requirements of this § 375-206(7) are intended to be the only land use requirements to apply within the zoning overlay district, except as provided in this subsection, and such requirements shall supersede any zoning requirements and other land use regulations that would otherwise apply in the absence of this subsection. The provisions of this subsection shall be broadly interpreted to promote the Town of Colonie's and the City of Albany's vision and goals as set forth herein, to ensure orderly development and to satisfy the legislative intent of this subsection.
(ix)
This § 375-206(7) is adopted pursuant to, and in furtherance of, an intermunicipal agreement between the City of Albany and Town of Colonie.
(x)
This § 375-206(7) may not be changed unilaterally by the Town of Colonie or the City of Albany. Any modification of this subsection shall be subject to Section 13 of the intermunicipal agreement.
(b)
Establishment of Albany-Colonie Intermunicipal Overlay Zoning
District.
(i)
The Common Council hereby creates an intermunicipal zoning district
entitled Albany-Colonie Intermunicipal Overlay Zoning District (AC-O).
(iii)
The Town Board and the Common Council hereby
adopt a concept redevelopment plan ("concept plan") for the AC-O Zone
as contained in the intermunicipal agreement executed between the
City of Albany and the Town of Colonie. Such concept plan may be amended
from time to time as provided herein.
A.
Subject to the limitations set forth in Subsection (b)(vii), (viii), and (ix) of this § 375-206(7), the actual mix and location of uses and other features of the concept plan, including access drives, shall be proposed by the applicant in connection with each phase(s), subject to site plan review.
B.
Establishment of uses other than those listed in Subsection (b)(vii) or (viii) of this § 375-206(7) or changes to the boundaries of the development envelope or the buffer area (except access drives approved as part of site plan review) shall not be permitted except by amendment to this subsection duly adopted by the Town and City.
C.
Any changes made to the concept plan as provided herein, including approved phase(s), shall become part of this § 375-206(7).
(iv)
These regulations shall apply to all or any redevelopment,
construction, erection, location or expansion of any use, including
any building, structure or appurtenant system, as herein provided
for in the AC-O District as shown on the concept plan (hereinafter,
all or any part of same, the "project").
(v)
No redevelopment shall be undertaken in the AC-O District except in conformity with this § 375-206(7), including the concept plan. The concept plan may be constructed or otherwise undertaken in one or more phases (hereinafter, "phase" or "phases"). This § 375-206(7) contains the only zoning or land use requirements applicable in the AC-O District. No other zoning or land use requirements or provisions of either the City or Town zoning or land use requirements shall apply, including, but not limited to, any such requirements relating to subdivision, demolition and outdoor uses. In the event that the Town or City zoning and land use laws contain a zoning requirement or provision not otherwise contained in, or which is in conflict with, the AC-O District, the requirements of this subsection shall govern.
(vi)
Permits and/or approvals required. No use may
be established and no development may be commenced without first obtaining
site plan approval or other required permits and/or approvals pursuant
to the requirements of the AC-O District and the intermunicipal agreement,
including, but not limited to, compliance with applicable SEQRA requirements,
and grading and clearing permits.
(vii)
Permitted uses.
A.
The principal uses shown on the concept plan, which
are the same as the principal uses listed in the Permitted Use Table
below, shall be permitted as of right in the AC-O District. If a use
is not listed in the Permitted Use Table, it shall be prohibited.
Multiple principal uses shall be permitted on a single lot, or multiple
lots, and may be bisected by the Town/City municipal border.
B.
Permitted use table. The following uses are permitted:
1.
Hotels.
2.
Banquet centers.
3.
Restaurants.
4.
Retail.
5.
Residential.
6.
Theaters.
7.
Health clubs/indoor recreation.
8.
Entertainment.
9.
Grocery stores/supermarkets.
10.
Amphitheaters and parks/cultural entertainment
facilities.
11.
Offices.
12.
Parking and multi-level parking structures.
13.
Any other use proposed which the Consolidated Zoning
Board determines is consistent with and furthers the intent of this
AC-O District.
(viii)
Permitted accessory uses shall be as follows:
A.
All structures or uses which are subordinate to
and serve a principal building or principal use shall be permitted.
(ix)
Area and bulk requirements.
A.
The project shall be constructed within the overall development
envelope shown on the concept plan ("development envelope"), and the
remainder of the site (except for access drives through such area
to neighboring public streets) shall be utilized as a buffer from
surrounding properties and uses ("buffer area"). Provided that the
buffer area is maintained as provided for herein, there shall be no
yard setback requirements, or building or structure coverage limitation;
provided however, that in all areas of the AC-O District where there
is an internal roadway, a sidewalk meeting the requirements of the
Town must be constructed between such roadway and the ground floor
of such adjoining building or structure.
B.
Maximum building height: 185 feet.
C.
Parking.
1.
Parking shall be provided in accordance with the
applicable industry standards and practices for mixed-use projects,
taking into account the use or uses proposed in connection with each
phase. Such standards shall include shared parking facilities.
2.
The applicant shall demonstrate the fact that adequate
and convenient parking is being provided and accessible to the proposed
uses in connection with each phase.
3.
The Consolidated Planning Board may waive the requirements
and allow the number of spaces deemed necessary, and their location
relative to the use in connection with each phase.
4.
Parking may be provided for any use or uses on one
or more lots within the AC-O District.
(x)
Landscaping. Landscaping for the particular phase under review
shall be subject to the standards and criteria set forth in § 375-206(7)(b)(xii)B5.
(xii)
Site plan review standards and procedure.
A.
Application for site plan review. An application
for site plan review must be made to the Consolidated Planning Board
on a prescribed Consolidated Planning Board application form. The
application form shall be presumed the minimum required information
and documentation, however, the Consolidated Planning Board may, at
its discretion, require the submission of such additional information
as it deems necessary to conduct its review, or waive information
it determines is not needed. The Consolidated Planning Board shall
have the authority to modify the application form in its discretion
to further the purposes and intent of this chapter.
B.
Site plan review standards and general criteria.
The Consolidated Planning Board shall review a site plan application
in accordance with the requirements below:
1.
Conformance with the concept plan. The phase must
substantially conform to the concept plan.
2.
Traffic access and roads. All proposed intersections
with public roads shall be adequate but not excessive in number; adequate
in width, paving, grade, alignment and visibility. Necessary traffic
signalization, signs, dividers and other safety controls, devices
and facilities shall be given proper consideration and duly provided
wherever appropriate or warranted.
3.
Pedestrian safety and access. Safe, adequate and
convenient pedestrian access and circulation shall be provided both
within the site and to adjacent public roads.
4.
Circulation and parking. Off-street parking shall
be provided as set forth in § 375-206(7)(b)(ix)C. The interior
circulation system shall be adequate to provide safe accessibility
to, from and within all required parking areas. Parking on streets
internal to the site shall be permitted, subject to Consolidated Planning
Board approval. The location and design of loading spaces shall not
unreasonably interfere with neighboring off-site uses.
5.
Screening and landscaping. All structures and recreational,
parking, loading, public and other service areas shall be reasonably
landscaped and/or screened so as to provide adequate visual and noise
buffers from neighboring off-site uses. The scale and quality of the
landscaping and screening on site shall be harmonious with the character
of the neighborhood abutting the landscaped and/or screened area.
6.
Drainage. A storm drainage system which demonstrates
affirmative compliance with the form, scope and substance of all applicable
design criteria shall be provided to accommodate expected loads from
the tributary watershed. Drainage shall be conducted to a point of
adequate and suitable disposal. Where appropriate, stormwater control
shall be provided so as to retain the same rate of off-site runoff
as the existing condition.
7.
Water/sewer. Each phase shall be connected to the
existing municipal water and sewer systems currently serving the site.
The applicant shall be required to construct the on-site improvements
necessary to assure that such systems are able to satisfactorily accommodate
the use.
8.
Lighting. All site lighting shall be designed and
installed so as not to unreasonably interfere with neighboring off-site
uses and properties.
9.
Fire protection. All proposed structures, service
areas, fire lanes, water distribution lines, hydrants, equipment and
material shall be adequate and readily accessible for the protection
of the proposed uses from fire. Sufficient water supply for fire-fighting
purposes shall be provided.
10.
Impact of the project on adjacent land uses. Adjacent
and neighboring off-site properties shall be protected against noise,
glare, unsightliness or other objectionable features. Where a proposed
nonresidential use would adjoin a residential area, the Planning Board
shall minimize the impact of the proposed use on such off-site residential
properties.
11.
Signage. Signage for the particular phase under
review shall be as provided herein.
a.
Signage located on the south side of the AC-O District
and facing the highway (I-90) and/or Everett Road will be consistent
with other existing signage along I-90.
b.
Signage that faces internally within the AC-O District
may differ from other areas of the site, as long as not visible from
properties to the north of the AC-O District.
c.
Signage located on the north side of the AC-O District
and facing outward to Exchange Street will comply with the Town of
Colonie regulations pertaining to signage.
C.
Waivers. An applicant may request, in writing, a waiver or modification of any of the site plan review standards herein. The Consolidated Planning Board may waive or otherwise modify such standards, or requirements, as the case may be, upon a finding that such action is appropriate to further the spirit and intent of this § 375-206(7).
(xiii)
Powers of Consolidated Zoning Board of Appeals.
A.
The Consolidated Zoning Board of Appeals shall have
the powers set forth in the intermunicipal agreement.
B.
To the extent that the powers set forth in such
laws are capable of differing interpretations, the Consolidated Zoning
Board of Appeals shall adopt and follow the interpretation that most
furthers the purposes and goals of redeveloping the site into the
project.
(xiv)
Administration and enforcement. The provisions
of this subsection shall be administered and enforced as provided
herein.
(xv)
HEALTH CLUBS/INDOOR RECREATION
HEIGHT
HOTEL
MULTILEVEL PARKING STRUCTURES
OFFICES
RESIDENTIAL USE
RESTAURANT
RETAIL
THEATER
Definitions. As used in this subsection, the following
terms shall have the meanings indicated.
An establishment that offers facilities, equipment and programs
for exercise, weight loss and/or body development, provided that,
in order to be within the scope of this definition, any such use that
requires a license to operate must demonstrate that it has or is qualified
to obtain such a license. Food items may be offered. Outdoor athletic
courts and facilities are permitted and may be included with a health
club and/or indoor recreation use.
The vertical distance from the average ground level of the
foundation of the building or structure to the highest point of the
roof, unless otherwise specified herein, provided that chimneys, spires,
towers, elevators, penthouses, tanks, HVAC, and similar projections
shall be excluded from such calculation.
A building in which lodging is provided and offered to the
public, which is customarily open to transient guests, and which may
include ancillary facilities and services, such as restaurants, meeting
rooms, entertainment, personal services, and recreational facilities.
A hotel unit may contain a kitchen for extended stay lodgings. Outdoor
athletic courts and other outdoor facilities are permitted and may
be included with a hotel use.
A structure used for parking or temporary storage of motor
vehicles on more than one floor.
Any building or part of a building where the principal use
is the operation of a business, administrative, governmental, public
utility, sales, professional, or other business or services.
The use of all or a portion of a building or structure arranged,
intended or designed to be occupied by three or more resident households
living independently of each other. An apartment building and multiple
or multi-unit dwellings are the same type of structure. Residential
use shall include owner-occupancy or for rent.
A building or structure or portion thereof, arranged, intended
or designed for the preparation and service of meals at tables or
counters. A restaurant shall include banquet halls.
Establishments engaged in the sale of goods, merchandise
and services to the public and rendering services incidental to the
sale of such goods.
A building or space, or portion thereof, used for cultural
education and experiences, motion pictures, live productions, or other
entertainment, including, but not limited to, museums, art galleries,
aquariums, amphitheaters, theaters, cultural entertainment facilities
and performance halls.
(c)
Supersession.
(i)
This § 375-206(7) shall supersede all other local laws and ordinances of the Town of Colonie and the City of Albany applicable to the site that are inconsistent with the provisions of this § 375-206(7).
(ii)
If any clause, sentence, paragraph, word, section or part of this § 375-206(7) shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation of the clause, sentence, paragraph, or section or part thereof directly involved in the controversy in which such judgment shall have been rendered.