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City of Albany, NY
Albany County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
(1) 
Applicability.
(a) 
Unless otherwise stated in this USDO, the requirements in this § 375-401 shall apply to all buildings, lots, and land in all zoning districts.
(b) 
No development plan shall be approved and no permit shall be issued for the erection or occupancy of a building or structure unless the development conforms to the dimensional standards of this § 375-401.
(c) 
No part of a yard or other open space required to comply with the provisions of this § 375-401 shall be counted towards meeting the yard or open space requirements of another building.
(d) 
If the provisions of this § 375-401 conflict with the provisions of § 375-402 (Form-based zoning standards) applicable to the MU-FW, MU-FC, MU-FS, or MU-FM Zoning Districts, the provisions of § 375-402 shall apply.
(2) 
General standards.
(a) 
Setback and yard requirements.
(i) 
In all zoning districts except the MU-FM, MU-FC, MU-FS, and MU-FM Districts, minimum building setbacks shall apply to all portions of each building, except for encroachments and exceptions permitted by § 375-401(6).
(ii) 
The building setback areas required under this Article IV shall be unobstructed from their lowest point to the sky, except for fences, landscaping, and other building features specified in this Article IV.
(iii) 
Accessory structures shall comply with required front setbacks for the principal building to which they are accessory.
(iv) 
Accessory structures shall be set back a minimum of two feet from side and rear lot lines, excepting the following circumstances:
A. 
Where § 375-401(6) (Encroachments and exceptions) permits a smaller exception; and
B. 
In the R-T District, side and rear setbacks shall not apply.
(v) 
In addition to the dimensional standards in this article, landscaped buffers may be required per § 375-406.
(b) 
Right-of-way encroachment. Any encroachments into the public right-of-way shall require approval by the City and an agreement with the City that the property owner(s) shall accept any and all liability for accidents or damage occurring in the public right-of-way due to the encroachment or related activity.
(c) 
Number of principal structures per zone lot. In the R-1L, R-1M, R-2, R-T, and R-M Districts, only one principal structure is permitted on a platted lot. In other zoning districts, more than one principal structure is permitted on a platted lot if each principal structure complies with all applicable dimensional standards or with the provisions of an approved district plan.
(d) 
Impervious surface. Because some areas of the City are subject to combined sewer overflows and to surface stormwater flooding, it is important that the maximum amount of impervious surface on each lot is carefully regulated. Each dimensional table in Subsection (3) below contains maximum impervious surface limits designed to reduce off-site flows into the City's stormwater system by allowing a significant percentage of rainfall to infiltrate into the soil on individual lots and parcels.
(e) 
Emergency vehicle access. All buildings or groups of buildings in all zoning districts shall be constructed with an approved emergency vehicle access. Access to any building or structure that does not abut a public right-of-way shall have a width of at least 20 feet and vehicle clearance of 14 feet.
(3) 
Dimensional Standards Summary Tables.
(a) 
Residential districts. General standards. Dimensional standards for residential zoning districts are shown in Table 375.401.1 below.
Table 375.401.1
Residential District Dimensional Standards
Zoning District
R-1L
R-1M
R-2
R-T
R-M
R-V
Lot Standards
Lot area, minimum
(square feet)
6,500
3,500
2,250
1,150
N/A
N/A
Lot depth, minimum
(feet)
110
100
90
55
N/A
N/A
Lot width, minimum
(feet)
70[1]
40[1]
25[1]
18[1]
22[1]
100[1]
Impervious lot coverage, maximum
30%
40%
70%
80%
80%
50%
Setbacks
Front yard, minimum
(feet)
25[2]
15[2]
10[2]
0[2]
0[2]
10[2]
Side yard, minimum
(feet)
5
0[3]
0[3]
0
0[3]
15
Combined side yards, minimum
20 feet
10 feet
10% of lot width
0 feet
0 feet[4]
40 feet
Side yard, maximum
N/A
N/A
N/A
3.5 feet
N/A
N/A
Rear yard, minimum
40 feet
25 feet
20% of lot depth
10% of lot depth
15 feet
20 feet
Building Height[5]
Principal structure
Height maximum (stories)
2.5
2.5
2.5
3.5
4
5[7]
Height, maximum (feet)
35
35
35
45[6]
55[6]
65
Accessory structure
Height, maximum (stories)
1.5
1.5
1.5
1.5
1.5
1.5
Height, maximum (feet)
16
16
16
16
16
16
Number of dwelling units
Dwelling units, maximum
1
1
2
3[8]
1 per 750 square feet of gross floor area
Per building code
NOTES:
[1]
For infill development, where more than 50% of the lots on a block face are improved with a principal structure, each lot shall have a minimum width equal to no less than 75% of the established minimum.
[2]
Where the subject lot is adjacent to developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots.
[3]
Structures must be setback a minimum of three feet from any principal building on abutting lot.
[4]
Where the subject lot has one or more adjacent lots facing the same street with a primary building between one and five feet from the side lot line, the required side setback on the subject lot shall not be closer than the side setback on the adjacent improved lot.
[5]
Building height cannot exceed either the specified number of stories or feet and the more restrictive shall control.
[6]
The height of any principal structure shall be limited to three stories or 35 feet in height for the portions of the structure:
1. Within 100 feet of a side or rear lot line of an abutting R-1L or R-1M Zoning District.
2. Within 25 feet of a side or rear lot line of an abutting R-2 Zoning District
[7]
Any portion of a principal structure located within 500 feet of an abutting R-1L or R-1M Zoning District boundary is limited to a maximum of three stories or 40 feet in height.
[8]
One dwelling unit is allowed per noncommercial building story, up to three.
(b) 
Mixed-use districts. The dimensional standards for the mixed-use districts other than the MU-FW, MU-FC, MU-FS, and MU-FM Districts are shown in Table 375.401.2. The dimensional standards for the MU-FW, MU-FC, MU-FS, and MU-FM districts are shown in § 375-402 (Form-based zoning standards).
[Amended 8-21-2023 by Ord. No. 12.32.23]
Table 375.401.2
Mixed-Use District Dimensional Standards
Zoning District
MU-NE
MU-NC
MU-CU
MU-CH
MU-DT
MU-CI
Lot Standards
Lot width, minimum
(feet)
22
20
20
50
20
80
Impervious lot coverage, maximum
70%
90%
90%
80%
100%
60%
Setbacks
Front yard, minimum (feet)
0[1]
0
0
0
0
0
Front yard, maximum (feet)
10[1]
10
10
100
10
20
Side yard, minimum (feet)
3[2]
0
0
10
0
0
Combined side yards, minimum (feet)
8[2]
0
0
20
0
0
Rear yard, minimum (feet)
0[3]
0[3]
0[3]
20
0
0[3]
Building Height[4]
Principal structure
Height, maximum (stories)
3
3[5]
5
5
N/A[6]
8[7]
Height, maximum (feet)
40[5]
40[5], [7]
75[7]
75[7]
N/A
105
Accessory structure
Height, maximum (stories)
1.5
1.5
1.5
1.5
1.5
1.5
Height, maximum (feet)
16
20
20
20
20
20
Number of dwelling units
Dwelling units, maximum
1 per 750 square feet of gross floor area
1 per 600 square feet of gross floor area
N/A
N/A
N/A
N/A
NOTES:
[1]
Where the subject lot is adjacent to developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the principal building on either of the adjacent lots.
[2]
Where the subject lot has one or more adjacent lots facing the same street with a primary building between one and five feet from the side lot line, the required side setback on the subject lot shall not be closer than the side setback on the adjacent improved lot.
[3]
Where the site abuts a residential zoning district, the required rear yard setback is 15 feet.
[4]
Building height cannot exceed either the specified number of stories or feet and the more restrictive shall control.
[5]
Where the subject lot abuts a zoning district with an allowable height of 3.5 stories or taller, the maximum height allowance shall be four stories or 55 feet.
[6]
See § 375-505(9) (Design review of tall buildings).
[7]
The height of any principal structure shall be limited to three stories or 35 feet in height for the portions of the structure:
1. Within 100 feet of a side or rear lot line of an abutting R-1L or R-1M Zoning District.
2. Within 25 feet of a side or rear lot line of an abutting R-2 Zoning District.
(c) 
Special purpose districts. The dimensional standards for special purpose districts are shown in Table 375.401.3 below.
Table 375.401.3
Special Purpose District Dimensional Standards
Zoning District
I-1
I-2
LC
Lot Standards
Lot width, minimum (feet)
25
50
N/A
Impervious lot coverage, maximum
N/A
N/A
10%
Setbacks
Front yard, minimum (feet)
0
10
N/A
Side yard, minimum (feet)
10
15
N/A
Rear yard, minimum (feet)
20 [1]
40[2]
N/A[3]
Building Standards[4]
Principal structure
Height, maximum (stories)
3
N/A
2
Height, maximum (feet)
40
85[5]
Accessory structure
Height, maximum (stories)
3
N/A
1.5
Height, maximum (feet)
40
85
20
Number of dwelling units
Dwelling units, maximum
1 per 750 square feet of gross floor area
N/A
N/A
NOTES:
[1]
Where the site abuts a residential zoning district and the use is not completely enclosed within a building, the required rear yard setback is 100 feet.
[2]
Where the site abuts a residential zoning district and the use is not completely enclosed within a building, the required rear yard setback is 200 feet.
[3]
Where the site abuts a residential zoning district, the required rear yard setback is 20 feet.
[4]
Building height cannot exceed either the specified number of stories or feet.
[5]
Any portion of a principal structure located within 100 feet of an abutting residential zoning district boundary is limited to a maximum of three stories or 40 feet in height.
(4) 
District plans.
(a) 
Applicability. A qualifying project may choose to obtain approval of a district plan from the City as set forth in § 375-505(8) (District plan approval).
(b) 
The district plan shall include the option for a phased development plan. If phases are identified, the Chief Planning Official shall have authority to determine whether the district plan requirements shall apply to each phase independently, or to the project as a whole.
(c) 
Each district plan shall meet the following standards:
(i) 
The minimum side and rear setbacks in § 375-401(3) (Dimensional standards) shall only apply to the outer edges of the district plan, and shall not apply to individual lots and structures in the district plan.
(ii) 
The minimum lot width standard in § 375-401(3) (Dimensional standards) shall only apply to the width of the district plan area as a whole, and not to individual lots.
(iii) 
The maximum impervious lot coverage in § 375-401(3) (Dimensional standards) shall apply to the district plan area as a whole, and not to individual platted lots.
(iv) 
The parking and loading standards in § 375-405 shall apply to the district plan area as a whole, and not to individual lots or structures.
(v) 
The side and rear lot line buffer requirements of § 375-406(5) shall only apply to the outer edges of the district plan, and not to individual lots and structures within the district plan area.
(5) 
Incentives and affordable housing requirements. The following incentives apply to new development and redevelopment in the R-M, mixed-use, and special purpose zoning districts. Inclusion of the following types of building or site features will enable the applicant to vary the dimensional standards otherwise applicable to the project as described in this § 375-401(5). Only one of these incentives may be used on a single lot or parcel.
(a) 
Energy efficient development. New development of a principal building that is registered, designed, and documented for a LEED Platinum or LEED Gold certification, or equivalent as determined by the Chief Planning Official, shall receive the following benefits.
(i) 
The project may increase the maximum impervious lot coverage by 20%; and
(ii) 
The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential zoning district other than the R-M District by one story.
(b) 
Affordable housing incentive. New residential or mixed-use development of a site in which at least 20% of all new dwelling units are rent or deed restricted so that they are affordable to households earning no more than 80% of the area median household income for the City of Albany shall receive the following benefits:
(i) 
The minimum number of off-street parking required by § 375-405 shall be reduced by 20%; and
(ii) 
The project may increase the maximum height of any principal building (or part of a principal building) located more than 100 feet from a residential zoning district other than the R-M District by one story.
(c) 
Affordable housing requirement. Each new residential or mixed-use development or redevelopment containing 20 or more new dwelling units shall be required to sell or rent a portion of its new dwelling units at sales or prices affordable to persons earning no more than 60% of the area median household income, as determined by affordability methods used by the United States Department of Housing and Urban Development for the Albany-Schenectady-Troy, New York, Metropolitan Statistical Area. The minimum portion of affordable dwellings for each development or redevelopment shall be determined by the following standard:
[Amended 4-3-2023 by Ord. No. 8.22.23]
(i) 
Seven percent of new dwelling units shall be affordable for developments or redevelopments with 20 or more but no more than 49 new dwelling units.
(ii) 
Ten percent of new dwelling units shall be affordable for developments or redevelopments with 50 or more but no more than 60 new dwelling units.
(iii) 
Twelve percent of new dwelling units shall be affordable for developments or redevelopments with more than 60 but no more than 75 new dwelling units.
(iv) 
Thirteen percent of new dwelling units shall be affordable for developments or redevelopments with 76 or more new dwelling units.
(6) 
Encroachments and exceptions. The encroachments into required setbacks and exceptions to height limits shown in Table 375.401.4 are permitted.
Table 375.401.4
Exceptions and Encroachments
Structure or Feature
Encroachment Allowance
Encroachments Into Required Setbacks
Front
Side
Rear
Accessory clotheslines, play equipment, and rainwater harvesting barrels
No
Yes
Yes
Accessory rain garden or rain barrel
Yes
Yes
Yes
Architectural features (sills, belt courses, eaves, cornices, chimneys, bay windows)
3 feet
3 feet
3 feet
Alternative energy equipment, geothermal
Yes
Yes
Yes
Alternative energy equipment, solar
No
Up to 2 feet from side lot line
Up to 5 feet from rear lot line
Alternative energy equipment, wind
No
Up to 2 feet from side lot line
Up to 5 feet from rear lot line
Awnings and canopies
4 feet
4 feet
4 feet
Composting bin
No
Up to 2 feet from side lot line
Up to 2 feet from rear lot line
Little library or little pantry (no more than 4 cubic feet in enclosed area)
Up to 1 foot from front lot line
No
No
Minor residential structure that is less than 18 inches above grade
6 feet
5 feet
2 feet
Minor residential structure, temporary placement less than 10 consecutive workdays
Yes
Yes
Yes
Porch, unenclosed
10 feet or 50% of the required setback[1]
6 feet or 50% of the required setback[1]
10 feet or 50% of the required setback[1]
Satellite dish antenna
No[2]
Up to 2 feet from lot line[2]
Up to 5 feet from lot line[2]
Secondary means of escape, unenclosed or lattice-enclosed stairs, fire escapes
No
5 feet[3]
5 feet[3]
Walls and fences
Yes
Yes
Yes
Exceptions to Building Height Limits
Structure or Feature
Encroachment Allowance
Chimneys, flagpoles; ornamental towers; religious institution spires; towers; belfries; monuments; television and radio antennas
25 feet
Unoccupied roof structures for the housing of elevators, stairways, air-conditioning apparatus, cooling towers, ventilating fans, skylights, or similar equipment to operate and maintain the structure
10 feet
Alternative energy equipment, solar
1.5 feet
Alternative energy equipment, wind
30 feet [4]
Parapets
4 feet
NOTES:
[1]
When a porch encroaches into a required setback, no side of the porch that is adjacent to the primary structure may be more than 50% enclosed by opaque walls, windows, or screens.
[2]
Except as required to comply with the Federal Telecommunications Act.
[3]
Except as required to comply with the Uniform Fire Code or Americans with Disabilities Act.
[4]
Not applicable in residential zoning districts.
(1) 
General standards.
(a) 
Purpose and intent. This § 375-402 contains standards that apply to the MU-FW, MU-FC, MU-FS, and MU-FM Zoning Districts, specifying standards for buildings that impact walkability and the quality of the public realm as well as parking requirements and the design of signage, lighting, and public open space.
(b) 
Applicability. The provisions of this § 375-402 apply to all development in the MU-FW, MU-FC, MU-FS, and MU-FM Zoning Districts that involves the construction of a new principal structure on the site, except:
(i) 
Where § 375-506 (Preexisting development and nonconformities) permits the continued use and/or expansion of a structure without compliance with some or all of the standards of this USDO; and
(ii) 
Where the structure is a landmark designated by the City, in which case the standards of § 375-206(1) (HR-O Historic Resources Overlay) and procedures related to historic landmarks in Article V (Administration and Enforcement) shall apply.
(c) 
New buildings.
(i) 
Building materials.
A. 
Masonry walls, whether load-bearing or veneer, should be of brick, natural stone, manufactured or cultured stone, cast stone, decorative CMU, or products of similar quality of manufacture. Brick masonry should generally be comprised of a standard unit size and height, and may be painted.
B. 
Permitted siding types include horizontal lap siding of wood or composition board (such as Hardiplank), vertical board and batten of wood or composition board (such as Hardiplank), or shingles of wood or composition board (such as Hardiplank). Vinyl siding is not permitted. All siding types must incorporate vertical corner boards on outside building corners. Corner boards should be a minimum of three inches in width.
C. 
Surfaces finished in stucco should be smooth in texture and painted. Sprayed-on stucco finishes and stucco panels (prefabricated stucco board) are prohibited.
D. 
When materials are combined on a building facade horizontally, heavier materials must naturally occur below lighter materials.
E. 
E.I.F.S., Fiberglass (as cornice material), and composite materials must be located out of reach of pedestrians and must visually appear to have a hand-troweled finish.
F. 
Cornices shall be required on all buildings to delineate the tops of the facades. Cornices shall include roof overhangs or eaves where a sloped roof meets the top of a wall and shall either extend a minimum of 12 inches beyond the wall plane, or include jogs in the surface plane of the building wall greater than 12 inches.
(ii) 
Brick and masonry detailing.
A. 
Headers.
1. 
All openings in masonry construction shall be spanned by a header.
2. 
Permitted header forms shall be the lintel, arch, and jack arch. The header shall visually appear able to carry the wall load above.
3. 
Headers may be comprised of a variety of materials. Permitted materials include: brick, stone, cast stone, reinforced cast concrete, wood, and metal.
4. 
All headers on a building shall be of a matching style and material.
5. 
Headers shall be a minimum of four inches in height and shall be slightly wider than the opening they span.
B. 
Sills.
1. 
All window and door openings in masonry construction shall have a sill at their base.
2. 
Sills shall be generally rectangular in form, and slope slightly away from the opening to shed water.
3. 
Sills may be comprised of a variety of materials. Permitted materials include: brick, stone, cast stone, and concrete. All sills on a building shall be of a matching style and material.
4. 
Sills shall be a minimum of two inches in height and should project from the wall surface a minimum of 1/2 inch beyond the vertical casing. Sills shall be slightly wider than the opening, the same as the header.
C. 
Caps.
1. 
A cap shall protect the tops of all masonry structures exposed to the weather, including garden walls, stair treads, planter edges, parapets, and freestanding piers.
2. 
Caps shall be comprised of stone, cast stone, brick, concrete, or slate.
3. 
The edges of caps may be rectangular, or may be more ornate.
4. 
Caps shall project past the edge of the masonry structure below by a minimum of 1/2 inch.
(iii) 
Wide buildings.
A. 
The primary facade of buildings wider than 150 feet shall be varied with a change of architectural expression.
B. 
These changes in expression may be a vertical element running from the ground plane to the roof, a change in fenestration, color, or texture, or a break in building facade plane or roofline.
C. 
These changes may be subtle or significant, but should soften the visual effect of very wide buildings directly across the street from narrower buildings and in general, continue the rhythm of the existing buildings.
(iv) 
Roof forms.
A. 
Roof types shall be typical to the chosen style of building. These permitted roof types may include gable, Dutch gable, hipped, shed, barrel vaulted, domed, and mansard. Shed roofs shall be concealed with parapets along the street frontage. Applied mansard roofs are not permitted.
B. 
Ensure that visible roofs are designed to complement the composition and form of the building.
C. 
Rooftop mechanical or other equipment that does not contribute to the overall design intent must be screened from public view utilizing screening techniques that either blend with the building or complement its design.
(v) 
Frontage elements. Frontage elements are semiprivate elements of the building typically located in the area between the primary facade and the lot line. Frontage elements may occur forward of the build-to zone or setback. In some instances, such as galleries and arcades, they may encroach into the right-of-way with City approval. The following are common frontage elements and the basic standards for those elements:
A. 
Arcade. A frontage element with a colonnade supporting habitable space that overlaps the sidewalk, while the building facade at sidewalk level remains at or behind the build-to zone or setback. This frontage element type is conventional for retail uses.
1. 
Minimum arcade depth: 10 feet (measured from face of building to inside column face).
2. 
Minimum underside clearance: 10 feet.
3. 
Length: 75% to 100% of building frontage.
4. 
Arcades shall be supported by columns, piers or arches. Support columns can be spaced no farther apart than they are tall.
5. 
Arcades shall occur forward of the build-to zone or setback and may encroach within the right-of-way with the approval of the City. When an arcade extends over a public sidewalk, the property owner may be required to enter into a right-of-way agreement, in a form acceptable to the City, establishing the property owner's sole responsibility for repairing any damage that may result from public maintenance or improvements.
6. 
Arcades shall not extend closer than two feet from the curbline, nor farther than five feet from the curbline.
7. 
Enclosed usable space shall be permitted above the arcade, and within the right-of-way with the approval of the City.
8. 
On corner lots, arcades may wrap around the side of the building facing the secondary street.
B. 
Gallery. A frontage element in which the building facade is aligned close to the lot line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This frontage element type is conventional for retail use.
1. 
Minimum gallery depth: eight feet (measured from face of building to inside column face).
2. 
Minimum underside clearance: nine feet.
3. 
Length: 75% to 100% of building frontage.
4. 
Support columns can be spaced no farther apart than they are tall.
5. 
Galleries shall occur forward of the build-to zone or setback and may encroach within the right-of-way with approval of the City. When a gallery extends over a public sidewalk, the property owner may be required to enter into a right-of-way agreement, in a form acceptable to the City, establishing the property owner's sole responsibility for repairing any damage that may result from public maintenance or improvements.
6. 
Galleries shall not extend closer than two feet from the curbline, nor farther than five feet from the curbline.
7. 
Galleries shall be only one story in height and may have flat or pitched roofs, up to a slope of 8:12.
8. 
On corner lots, galleries may wrap around the side of the building facing the secondary street.
9. 
Open balconies are permitted on galleries above the sidewalk level.
C. 
Shopfront. A frontage element in which the building facade is aligned close to the lot line with the building entrance at sidewalk grade. This frontage element type is conventional for retail use.
Figure 375.402.2: Storefront Transparency Requirements
1. 
A habitable space at least 15 feet in depth shall be provided behind each shopfront on the primary facade.
2. 
Shopfronts shall have an expression line between the first and second story. Expression lines shall either be moldings extending a minimum of two inches outward from the primary facade, or jogs in the surface plane of the building wall greater than two inches.
3. 
The entrances to all shopfronts shall be covered, either by an awning, canopy, second story balcony, arcade/colonnade, gallery, or by being inset into the main body of the building.
4. 
Entrances for public access shall be provided at intervals no greater than 50 feet, unless otherwise approved by the Chief Planning Official.
5. 
Shopfront doors shall contain at least 50% transparent glass. Solid doors are prohibited.
6. 
The top of all shopfront window sills shall be between one and three feet above the adjacent sidewalk.
7. 
Shopfront windows shall extend up from the sill at least eight feet above the adjacent sidewalk.
8. 
The ground story of a shopfront shall have untinted transparent storefront windows and/or doors covering no less than 50% of the wall area. See facade transparency for additional requirements.
9. 
Shopfront windows may not be made opaque by window treatments (excepting operable sunscreen devices within the conditioned space). Reflective and frosted glass is prohibited on shopfronts. Low emissivity glass with high visual light transmittance may be permitted.
10. 
Storefronts must remain unshuttered at night to provide views of display spaces and are encouraged to remain lit from within from dusk to dawn at minimum light levels to provide additional security to pedestrians.
D. 
Stoop. A frontage element wherein the building facade is aligned close to the lot line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-story residential use.
1. 
Minimum stoop depth: four feet.
2. 
Minimum stoop length: four feet.
3. 
Minimum underside clearance: eight feet.
4. 
Minimum finished stoop floor height: at or up to eight inches below the first interior finished floor level, but not to exceed 42 inches above the finished grade of the sidewalk.
5. 
Stoops may extend into the right-of-way with the approval of the City, but the location of the stoop must leave at least five horizontal feet of the sidewalk unobstructed for pedestrian travel.
6. 
Stoop stairs may run to the front or to the side.
7. 
Stoops shall be covered, either with a roof, or area inset into the main body of the building.
8. 
Partial walls and railings on stoops may be no higher than 42 inches.
E. 
Forecourt. A frontage element in which a portion of the building facade is close to the lot line and the central portion is set back. The forecourt created is suitable for vehicular dropoffs. This type shall be allocated in conjunction with other frontage element types.
F. 
Terrace or light well. A frontage element in which the building facade is set back from the lot line by an elevated terrace or a sunken light well. This frontage element type tends to buffer residential uses from urban sidewalks and removes the private yard from public encroachment. Terraces are suitable for use or conversion to outdoor cafes.
G. 
Porch. A frontage element type typically with a planted frontage along the applicant's side of the lot line in which the building facade may be set back from the lot line with an attached porch permitted to encroach forward of the build-to zone or setback. A fence or low knee wall may be located at the lot line to maintain street spatial definition.
1. 
Minimum porch depth: eight feet (measured from face of building to inside column face).
2. 
Minimum underside clearance: eight feet.
3. 
Minimum finished porch floor height: at or up to eight inches below the first interior finished floor level not to exceed 42 inches above the finished grade of the sidewalk.
4. 
Front porches may occur forward of the build-to zone or setback, but shall not extend into the right-of-way or any easement.
5. 
Side porches may extend past the side setback requirements, but not into any easement or public right-of-way.
6. 
Porches that encroach into applicable setback requirements, as described in Subsection (1)(c)(v)G4 and 5 above, must comply with the conditions applicable to unenclosed porches in § 375-401(6) (Encroachments and exceptions).
7. 
Front and side porches may be screened; however, if screened, all architectural expression (columns, railings, etc.) must occur on the outside of the screen (facing a street or public space).
H. 
Additional shading of sidewalks.
1. 
Each building with a shopfront on the ground story is required to have awnings, balconies, colonnades, or arcades facing the primary streets. When providing a required awning or balcony, or one that extends into a public right-of-way, the following design requirements apply:
a. 
Awnings.
i 
Awnings over ground-story doors or windows minimum depth: five feet.
ii 
Minimum underside clearance: eight feet.
iii 
Awnings must extend over at least 25% of the width of the primary facade or over the full width of all windows and transparent portions of the primary facade.
iv 
Back-lit, high-gloss, or plasticized fabrics are prohibited.
b. 
Second-story balconies.
i 
Minimum depth: six feet.
ii 
Minimum underside clearance: 10 feet.
iii 
Balconies must extend over at least 25% of the width of the primary facade.
iv 
Balconies may have roofs but must be open toward the primary and secondary street.
c. 
A colonnade or arcade may extend forward of the build-to zone and over public sidewalks, provided that it maintains two feet of horizontal clearance from the curb.
d. 
When an awning, balcony, colonnade, or arcade extends over a public sidewalk, the property owner may be required to enter into an agreement in a form acceptable to the City, establishing the property owner's sole responsibility for repairing any damage that may result from public maintenance or improvements.
(d) 
Specialty buildings. Within the MU-FW, MU-FC, MU-FS, and MU-FM Districts, the following criteria shall be applied to ensure that any auto-oriented uses permitted in the district do not detract from the overall walkability of the district.
(i) 
Parking structures. Parking structures shall be built within the parking location footprint permitted by the frontage standards. A liner building should be used to mask the parking from primary and side streets.
(ii) 
Liner buildings. The character and intended use of some buildings, such as warehouses and parking structures, may prevent them from complying with the facade transparency requirements. Such buildings may be constructed so that they are separated from adjacent streets (but not alleys) by liner buildings.
(iii) 
Figure 375.402.4: Gas Station Configuration
Figure 375.402.4: Gas Station Configuration
A. 
A ground-story shopfront shall face the primary street and define the corner of the lot.
B. 
All pumps, parking, and drive-through areas must be located behind the building.
C. 
An example of an appropriate gas station configuration is shown in Figure 375.402.4.
(iv) 
Drive-throughs.
A. 
Figure 375.402.5: Drive-Through Building Configuration
Figure 375.402.5: Drive-Through Building Configuration
A ground-story shopfront must face the primary street.
B. 
All parking shall be located in the rear of the building and accessed from a rear alley when present.
C. 
Drive-through windows shall be located to the side or rear of the building.
(e) 
Additional standards and guidelines for the MU-FW Zoning District. The MU-FW District is an area that is comprised of existing warehouse and manufacturing-type buildings and uses. New construction should be sympathetic to the existing architecture and materials and be done in a way that celebrates manufacturing, industrial design, and technology. This industrial look or aesthetic should emphasize the engineering, structure and design elements, such as stair towers, bays, entrances, rooflines, and corners, utilizing extended girders, prominent corner posts, or exposed structural framing, and be rendered using industrial materials, such as metal, glass, stainless steel, and other high-quality materials and finishes associated with contemporary industrial buildings.
(i) 
Materials. For new construction in the MU-FW District, consider machined materials and finishes, such as stainless steel, painted steel, anodized aluminum and other alloys, and glass, that project an image related to manufacturing, technology, or industry.
(ii) 
Typical design characteristics.
A. 
Exposed, extended, or exaggerated structural elements.
B. 
Geometric patterns, often in a grid with horizontal or vertical emphasis.
C. 
Clearly identifiable and integrated main entrances.
D. 
Integrated shading devices for windows, adding interest, texture, and variety both day and night.
E. 
A harmonious mix of materials and colors, with strong colors used sparingly, often just for major structural elements.
F. 
Horizontal or vertical banding through the use of material articulation, structural elements, or window grouping.
G. 
Emphasized structural bays, often protruding or recessed.
H. 
Use of suspended or cantilevered elements.
I. 
Well-integrated lighting, emphasizing structure.
(2) 
Frontage standards.
(a) 
Purpose. The frontage standards establish the physical and functional relationships between buildings and the street. The standards set forth rules related to building placement (build-to-zones, setbacks, location of parking, etc.) and building heights. All new buildings in form-based districts must comply with the frontage standards in this section based on the frontage designation shown on the regulating plan.
(b) 
Applicability. The MU-FW, MU-FC, MU-FS, and MU-FM Zoning District regulating plans are shown in § 375-204(7) through (10). Each street frontage within each regulating plan is color coded to a frontage type. All new buildings constructed in the MU-FW, MU-FC, MU-FS, or MU-FM District must comply with the standards for that frontage type in this § 375-402. The basic standards applicable to each frontage type are shown in the Frontage Standards Summary Chart in § 375-402(2)(c) below, which uses the same color-coding used on the regulating plans. More detailed standards for each frontage type are shown in § 375-402(2)(d) through (i) below.
(c) 
Frontage standards summary chart.
Table 375.402.1
Frontage Standards Summary Chart
Standard
Mixed-Use Core
Walkable
Center
Neighborhood General
Connected Edge
Waterfront Edge
Industrial Warehouse
Heights
Building height, minimum
1 story
1 story
1 story
1 story
2 stories
1 story
Building height, maximum
5 stories
4 stories
3.5 stories
2.5 stories
10 stories
3 stories
First story height, minimum
13 feet
13 feet
10 feet
10 feet
13 feet
n/a
Ground finished floor above sidewalk or finished grade, minimum (residential)
24 inches
24 inches
24 inches
24 inches
24 inches
0 feet
Building Placement
Front build-to zone, minimum
0 feet
0 feet
Contextual (See notes.)
Contextual (See notes.)
0 feet
8 feet
Front build-to zone, maximum
6 feet
10 feet
6 feet
n/a
Frontage build-out, minimum
80%
60%
60%
40%
80%
n/a
Side setback (mid-block), minimum
0 feet
0 feet
0 feet
5 feet
0 feet
8 feet
Side build-to zone (corner), minimum
0 feet
0 feet
0 feet
10 feet
0 feet
n/a
Side build-to zone (corner), maximum
10 feet
10 feet
10 feet
n/a
10 feet
8 feet
Rear setback (lot or alley), minimum
5 feet
5 feet
5 feet
5 feet
5 feet
24 feet
Rear build-to zone (street), minimum
0 feet
6 feet
6 feet
12 feet
0 feet
8 feet)
Rear build-to zone (street), maximum
10 feet
18 feet
18 feet
n/a
10 feet
n/a
Rear frontage build-out (street only), minimum
60%
60%
40%
n/a
60%
n/a
Parking Location
Front setback, minimum
30 feet
30 feet
20 feet
24 feet
30 feet
20 feet
Side setback (mid-block), minimum
0 feet
0 feet
0 feet
0 feet
0 feet
0 feet
Side setback (corner), minimum
30 feet
30 feet
20 feet
20 feet
30 feet
20 feet
Rear setback (lot), minimum
5 feet
5 feet
5 feet
5 feet
5 feet
0 feet
Rear setback (alley), minimum
0 feet
0 feet
3 feet
3 feet
0 feet
0 feet
Rear setback (street), minimum
30 feet
20 feet
20 feet
20 feet
20 feet
0 feet
Frontage Elements
Allowed frontage elements
Forecourt, stoop, shopfront, gallery, arcade
Terrace or light well, forecourt, stoop, shopfront, gallery, arcade
Porch, terrace or light well, forecourt, stoop, shopfront
Porch, stoop, common yard
Terrace or light well, forecourt, stoop, shopfront, gallery, arcade
n/a
NOTES:
Contextual Setbacks:
•
Where the subject lot is adjacent to developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots.
Heights:
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend up to 30 feet above the designated height limit in the Mixed-Use Core, Walkable Center, Waterfront Edge, and Warehouse Districts.
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend up to 20 feet above the designated height limit in the Neighborhood General and Connected Edge Districts.
Parking Location:
•
Parking shall be accessed from rear alleys or side streets whenever possible.
Frontage Elements:
•
Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of-way.
•
See § 375-402(1) (General standards) for requirements of frontage elements.
Miscellaneous:
•
All buildings must have a primary pedestrian entrance along the front facade.
•
Loading docks and other service entries shall not be located on primary frontages. Where alternatives exist, they should not be located along secondary streets or frontages. All loading docks and service entrances should be integrated into the overall building and site design along the rear of the building.
(d) 
Mixed-use core frontage standards.
(i) 
Building height.
Building Heights
Building height, minimum
1 story
375 A.tif
Building height, maximum
5 stories
First story height
13 feet minimum
375 B.tif
Ground finished floor above sidewalk or finished grade, minimum (commercial)
0 feet
375 C.tif
Ground finished floor above sidewalk or finished grade, minimum (residential)
24 inches
NOTES:
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend to 30 feet above the designated height limit.
(ii) 
Building placement.
Building Placement
Front build-to zone, minimum
0 feet
375 D.tif
Front build-to zone, maximum
6 feet
Frontage build-out, minimum
80%
375 E.tif
Side setback (mid-block), minimum
0 feet
375 F.tif
Side build-to zone (corner), minimum
0 feet
375 G.tif
Side build-to zone (corner), maximum
10 feet
Rear setback (lot or alley), minimum
5 feet
375 H.tif
Rear build-to zone (street), minimum
0 feet
Rear build-to zone (street), maximum
10 feet
Rear frontage build-out
(street only), minimum
60%
(iii) 
Parking location.
Parking Location
Front setback, minimum
30 feet
375 I.tif
Side setback (mid-block), minimum
0 feet
375 J.tif
Side setback (corner), minimum
30 feet
375 K.tif
Rear setback (lot), minimum
5 feet
375 L.tif
Rear setback (alley), minimum
0 feet
Rear setback (street), minimum
30 feet
NOTES:
•
Parking shall be accessed from rear alleys or side streets whenever possible.
(iv) 
Frontage elements.
Frontage Elements
Allowed frontage elements
Forecourt, stoop, shopfront, gallery, arcade
375 M.tif
NOTES:
•
Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of-way.
•
See § 375-402(1) (General standards) for requirements of frontage elements
Miscellaneous Notes
•
All buildings must have a primary pedestrian entrance along the front facade.
•
Loading docks and other service entries shall not be located on Mixed-Use Core frontages.
(e) 
Walkable center frontage standards.
(i) 
Building height.
Building Heights
Building height, minimum
1 story
375 A.tif
Building height, maximum
4 stories
First story height, minimum
13 feet
375 B.tif
Ground finished floor above sidewalk or finished grade, minimum (commercial)
0 feet
375 C.tif
Ground finished floor above sidewalk or finished grade, minimum (residential)
24 inches
NOTES:
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend up to 30 feet above the designated height limit.
(ii) 
Building placement.
Building Placement
Front build-to zone, minimum
0 feet
375 D.tif
Front build-to zone, maximum
10 feet
Frontage build-out, minimum
60%
375 E.tif
Side setback (mid-block), minimum
0 feet
375 F.tif
Side build-to zone (corner), minimum
0 feet
375 G.tif
Side build-to zone (corner), maximum
10 feet
Rear setback (lot or alley), minimum
5 feet
375 H.tif
Rear build-to zone (street), minimum
6 feet
Rear build-to zone (street), maximum
18 feet
Rear frontage build-out (street only), maximum
60%
(iii) 
Parking location.
Parking Location
Front setback, minimum
30 feet
375 I.tif
Side setback (mid-block), minimum
0 feet
375 J.tif
Side setback (corner), minimum
30 feet
375 K.tif
Rear setback (lot), minimum
5 feet
375 L.tif
Rear setback (alley), minimum
0 feet
Rear setback (street), minimum
20 feet
NOTES:
•
Parking shall be accessed from rear alleys or side streets whenever possible.
(iv) 
Frontage elements.
Frontage Elements
Allowed frontage elements
Terrace or light well, forecourt, stoop, shopfront, gallery, arcade
375 M.tif
NOTES:
•
Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of-way.
•
See § 375-402(1) (General standards) for requirements of frontage elements.
Miscellaneous Notes
•
All buildings must have a primary pedestrian entrance along the front facade.
(f) 
Neighborhood general frontage standards.
(i) 
Building height.
Building Heights
Building height, minimum
1 story
375 A.tif
Building height, maximum
3.5 stories
First story height, minimum
10 feet
375 B.tif
Ground finished floor above sidewalk or finished grade, minimum
0 feet
375 C.tif
Ground finished floor above sidewalk or finished grade, maximum
24 inches
NOTES:
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend up to 30 feet above the designated height limit.
(ii) 
Building placement.
Building Placement
Front build-to zone
Contextual[1]
375 D.tif
Frontage build-out, minimum
60%
375 E.tif
Side setback (mid-block), minimum
0 feet
375 F.tif
Side build-to zone (corner), minimum
0 feet
375 G.tif
Side build-to zone (corner), maximum
10 feet
Rear setback (lot or alley), minimum
5 feet
375 H.tif
Rear build-to zone (street), minimum
6 feet
Rear build-to zone (street), maximum
18 feet
Rear frontage build-out
(street only), minimum
40%
NOTES:
[1]
Where the subject lot is adjacent to developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots.
(iii) 
Parking location.
Parking Location
Front setback, minimum
20 feet
375 I.tif
Side setback (mid-block), minimum
0 feet
375 J.tif
Side setback (corner), minimum
20 feet
375 K.tif
Rear setback (lot), minimum
5 feet
375 L.tif
Rear setback (alley), minimum
3 feet
Rear setback (street), minimum
20 feet
NOTES:
•
Parking shall be accessed from rear alleys or side streets whenever possible.
(iv) 
Frontage elements.
Frontage Elements
Allowed frontage elements
Porch, terrace or light well, forecourt, stoop, shopfront
375 M.tif
NOTES:
•
Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of-way.
•
See § 375-402(1) (General standards) for requirements of frontage elements.
Miscellaneous Notes
•
All buildings must have a primary pedestrian entrance along the front facade.
(g) 
Connected edge frontage standards.
(i) 
Building height.
Building Heights
Building height, minimum
1 story
375 A.tif
Building height, maximum
2.5 stories
First story height, minimum
10 feet
375 B.tif
Ground finished floor above sidewalk or finished grade (residential)
24 inches
375 C.tif
NOTES:
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend up to 30 feet above the designated height limit.
(ii) 
Building placement.
Building Placement
Front build-to zone
Contextual[1]
375 D.tif
Frontage build-out, minimum
40%
375 E.tif
Side setback (mid-block), minimum
5 feet
375 F.tif
Side build-to zone (corner), minimum
10 feet
375 G.tif
Rear setback (lot or alley), minimum
5 feet
375 H.tif
Rear build-to zone (street), minimum
12 feet
Rear frontage build-out (street only), minimum
n/a
NOTES:
[1]
Where the subject lot is adjacent to developed lots facing the same street and having a principal building located within 25 feet of the lot line, the required front setback shall be no closer nor further back from the street than the structures on the adjacent lots.
(iii) 
Parking location.
Parking Location
Front setback, minimum
24 feet
375 I.tif
Side setback (mid-block), minimum
0 feet
375 J.tif
Side setback (corner), minimum
20 feet
375 K.tif
Rear setback (lot), minimum
5 feet
375 L.tif
Rear setback (alley), minimum
3 feet
Rear setback (street), minimum
20 feet
NOTES:
•
Required parking may be located on-street or in a district parking lot or structure within 800 feet of the building's front door
•
Parking shall be accessed from rear alleys or side streets whenever possible.
(iv) 
Frontage elements.
Frontage Elements
Allowed frontage elements
Porch, stoop, common yard
375 M.tif
NOTES:
•
Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of-way.
•
See § 375-402(1) (General standards) for requirements of frontage elements.
Miscellaneous Notes
•
All buildings must have a primary pedestrian entrance along the front facade.
(h) 
Waterfront edge frontage standards.
(i) 
Building height.
Building Heights
Building height, minimum
2 stories
375 A.tif
Building height, maximum
10 stories
First story height, minimum
13 feet
375 B.tif
Ground finished floor above sidewalk or finished grade, minimum (commercial)
0 feet
375 C.tif
Ground finished floor above sidewalk or finished grad, minimum (residential)
24 inches
NOTES:
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend up to 30 feet above the designated height limit.
(ii) 
Building placement.
Building Placement
Front build-to zone, minimum
0 feet
375 D.tif
Front build-to zone, maximum
6 feet
Frontage build-out, minimum
80%
375 E.tif
Side setback (mid-block), minimum
0 feet
375 F.tif
Side build-to zone (corner), minimum
0 feet
375 G.tif
Side build-to zone (corner), maximum
10 feet
Rear setback (lot or alley), minimum
5 feet
375 H.tif
Rear build-to zone (street), minimum
0 feet
Rear build-to zone (street), maximum
10 feet
Rear frontage build-out (street only), minimum
60%
(iii) 
Parking location.
Parking Location
Front setback, minimum (ground story only)
30 feet
375 I.tif
Side setback (mid-block), minimum
0 feet
375 J.tif
Side setback (corner), minimum
30 feet
375 K.tif
Rear setback (lot), minimum
5 feet
375 L.tif
Rear setback (alley), minimum
0 feet
Rear setback (street), minimum
20 feet
NOTES:
•
Parking shall be accessed from rear alleys or side streets whenever possible.
(iv) 
Frontage elements.
Frontage Elements
Allowed frontage elements
Terrace or light well, forecourt, stoop, shopfront, gallery, arcade
375 M.tif
NOTES:
•
Frontage elements may encroach forward of the build-to zone and/or into the right-of-way, barring any additional restrictions by the public entity that has control over the public right-of-way.
•
See § 375-402(1) (General standards) for requirements of frontage elements.
Miscellaneous Notes
•
All buildings must have a primary pedestrian entrance along the front facade.
•
Loading docks and other service entries shall not be located on Waterfront Edge frontages
(i) 
Industrial warehouse frontage standards.
(i) 
Building height.
Building Heights
Building height, minimum
1 story
375 A.tif
Building height, maximum
3 stories
First story height
No minimum
375 B.tif
Ground finished floor above sidewalk or finished grade (industrial/commercial)
0 feet
375 C.tif
NOTES:
•
Towers, cupolas, and other rooftop features with a footprint smaller than 20 feet by 20 feet may extend up to 30 feet above the designated height limit
(ii) 
Building placement.
Building Placement
Front setback, minimum
8 feet
375 D.tif
Frontage build-out
n/a
375 E.tif
Side setback (mid-block), minimum
8 feet
375 F.tif
Side build-to zone (corner), maximum
8 feet
375 G.tif
Rear setback (lot or alley), minimum
24 feet
375 H.tif
Rear setback (street), minimum
8 feet
Rear frontage build-out (street only)
n/a
(iii) 
Parking location.
Parking Location
Front setback, minimum
20 feet
375 I.tif
Side setback (mid-block), minimum
0 feet
375 J.tif
Side setback (corner), minimum
20 feet
375 K.tif
Rear setback (lot), minimum
0 feet
375 L.tif
Rear setback (alley), minimum
0 feet
Rear setback (street), minimum
0 feet
NOTES:
•
Parking shall be accessed from rear alleys or side streets whenever possible.
(3) 
Parking access. The provisions of § 375-405 (Parking and loading) shall apply in the MU-FW, MU-FC, MU-FS, and MU-FM Districts.
(1) 
Purpose. The purpose of the standards in this § 375-403 is to reduce the number and length of automobile trips and related greenhouse gas emissions by encouraging walking and bicycling by integrating sidewalks and bicycle routes in new development and redevelopment, and by providing for shorter and more direct routes between many destinations.
(2) 
Applicability.
(a) 
All development and redevelopment in the City shall comply with the following standards.
(b) 
If the provisions of this § 375-403 conflict with the provisions of § 375-402 (Form-based zoning standards) applicable to the MU-FW, MU-FC, MU-FS, or MU-FM Zoning Districts, the provisions of § 375-402 shall apply.
(3) 
Compliance with other standards.
(a) 
All applications shall comply with the Manual on Uniform Traffic Control Devices (MUTCD) and all applicable local, state, and federal regulations.
(b) 
Each required street, alley, driveway, sidewalk, walkway, and bicycle route shall comply with the City's adopted design, engineering, and construction standards, as amended, as well as the requirements of the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.).
(c) 
All "places of public accommodation," as defined in the Federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) shall comply with the requirements of that Act concerning on-site circulation and access.
(d) 
Where the City or another entity is implementing a program in support of walkability, and that program includes a sidewalk, walkway, or trail adjacent to the boundaries of a development involving residential uses, the project design shall allow citizens to access the route in a convenient and relatively direct manner.
(e) 
All sites shall be designed with required emergency vehicle access that complies with the provisions of § 375-401(2)(e) (Emergency vehicle access).
(4) 
Form-based district street hierarchy. The following standards apply to platted lots in the MU-FW, MU-FC, MU-FS, and MU-FM Zoning Districts.
(a) 
On parcels with multiple frontages, a street hierarchy will determine the highest priority (primary) street frontage where the front build-to zone or setback shall apply. Along the lower priority frontages, the side or rear (secondary) build-to zones or setbacks shall apply. The designated street hierarchy for the form-based districts is as follows:
(b) 
Potential new street/thoroughfare connections are identified on the form-based district regulating plans. The precise location and alignment of new thoroughfares may be adjusted to allow flexibility in the design of the development plan, but the number of connections provided to surrounding parcels shall not be reduced.
(5) 
Sidewalks and amenities required.
(a) 
Sidewalks.
(i) 
Unless otherwise provided in this USDO, a sidewalk of at least five feet in width shall be installed along each street frontage.
(ii) 
Each sidewalk shall align with any existing sidewalks along the street frontages of adjacent properties.
(iii) 
All sidewalks shall have a minimum width of five feet, and a continuous unobstructed area of a width no less than 60 inches. This area shall be unobstructed by utility poles, fire hydrants, planters, utility boxes, dining furniture, signs, benches or any other temporary or permanent structures.
(iv) 
If an adjacent parcel or the portion of the City right-of-way abutting the adjacent parcel or parcels contain a shared-use path, the Chief Planning Official may approve the use of a shared-use path with a ten-foot width or same width as the adjacent shared-use path, whichever is greater, instead of installing a sidewalk to comply with § 375-403(5)(a)(i).
(b) 
Street amenities.
(i) 
Each property with a street frontage of 50 linear feet or more shall install at least one bench, bicycle rack, planter, trash receptacle, or piece of public art per 50 feet of street frontage or part thereof.
(ii) 
Items placed in the public right-of-way shall require prior approval of the City to ensure that clear pedestrian passages and public health and safety are protected.
(6) 
Right-of-way access.
(a) 
Permit required. All right-of-way access locations shall require a permit pursuant to § 375-505(17) (Right-of-way access permit).
(b) 
General requirements.
(i) 
Right-of-way access locations shall be located to minimize conflict with pedestrian, cyclist, and vehicular traffic on the abutting public right-of-way.
(ii) 
Right-of-way access locations shall be at least 60 feet from any intersection.
(iii) 
The number of access locations shall be the minimum necessary to provide reasonable access to the site.
(iv) 
Where alleys provide rear access, no curb cuts, driveways or access shall be permitted from the front.
(v) 
Location and spacing of access points to individual lots containing residential uses shall comply with the standards in the City's adopted design, engineering, and construction standards.
(c) 
Preferred access location.
(i) 
All parking shall be accessed from rear alleys where they exist and/or from side streets if the lot is located on a corner in all districts except MU-CH. If no rear alley or side street exists, efforts should be made to demonstrate an attempt to gain access across neighboring properties.
Figure 375.405.2: Parking Entrances Shall Not be Situated Adjacent to Primary Streets
Figure 375.405.2: Parking Entrances Shall Not be Situated Adjacent to Primary Streets
(ii) 
When access to rear parking must be directly from the primary street, driveways shall be located along the sides of the lot lines and designed to meet the access driveway widths set forth in Subsection (6)(e) below. In MU-NE and MU-NC Districts, side parking shall be no wider than the double-loaded maximum (60 feet).
(iii) 
The principal vehicular access to a lot shall be from the types of streets or rights-of-way in Table 375.403.1 below, to the maximum extent practicable.
Table 375.403.1
Preferred Vehicular Access Location
Use Type
Preferred Access Location
Residential, household living use
Local street
All other uses
Arterial street, collector street, or alley
(d) 
Cross access connections. The Planning Board or Chief Planning Official may require or permit cross-connection easements and connections to adjoining parking lots or commercial parcels.
(e) 
Prohibited access. No parking lot or structure containing more than 100 vehicle spaces shall be accessed from a local street adjacent to or passing through an R-1L, R-1M, R-2, or R-T District.
(f) 
Right-of-way access width.
(i) 
Right-of-way access to individual lots shall be permitted as follows:
Table 375.403.2
Right-of-Way Access Width Allowance
Access Type
Access Width
(maximum)
(feet)
Single-lane access
12
Double-lane access
20
(ii) 
Right-of-way access driveways intended to accommodate multiple-axle vehicles may exceed allowable widths, as determined necessary by the person or entity responsible for making a decision. Vehicle turning and movement templates shall be provided for use in deciding the appropriate width.
(iii) 
Where § 375-405(4)(c) (Parking restrictions) applies, the driveway may widen to a driveway/parking area where it extends into the lot beyond the sidewalk.
(7) 
Site circulation and connectivity.
(a) 
Where more than four principal structures are located on a lot, internal streets or driveways shall be located to allow vehicle access between individual primary buildings and parking areas to avoid the need to use public boundary streets to move between different buildings or areas of the development site.
(b) 
Where more than one principal building is located on a lot, internal sidewalks or walkways shall be located to allow pedestrian access between individual principal buildings and parking areas and from individual principal buildings to the closest sidewalk or pedestrian facility along the boundary of the lot.
(c) 
When a lot abuts public open space that includes existing or planned trails, a direct pedestrian connection from the development to the existing or planned trail shall be provided.
(8) 
Traffic study. The Chief Planning Official may require a traffic study performed by a licensed professional engineer or traffic consultant when a proposed development meets one or more of the following conditions:
(a) 
Contains more than 20 dwelling units;
(b) 
Contains more than 25,000 square feet of nonresidential gross floor area;
(c) 
Exceeds the minimum parking requirement by more than 10%;
(d) 
Is located on an arterial street;
(e) 
Is located on a collector street that has experienced peak hour traffic congestion; or
(f) 
The Chief Planning Official determines that the project may have an adverse impact on traffic congestion or traffic safety in the surrounding area.
(1) 
Applicability. The standards in this § 375-404 shall apply to land in all zoning districts whenever land is subdivided, adjusted, consolidated or otherwise modified to create or change the boundaries of a lot or parcel for development, unless exempted by another provision of this USDO.
(2) 
General standards.
(a) 
Each subdivision shall be consistent with the adopted Comprehensive Plan and shall comply with all applicable standards in this USDO for properties located in the zoning district where the property is located, as shown on the official Zoning Map.
(b) 
These standards shall apply to all form-based districts unless addressed within the form-based standards in which case the form-based standards will prevail.
(3) 
Land analysis map.
(a) 
Each proposed subdivision of a land area of five acres or more, either alone or contiguous with another subdivision by the same applicant, shall prepare a land analysis map identifying sensitive lands to be protected from development.
(b) 
The land analysis map shall identify as sensitive lands to be protected from development all of the following:
(i) 
Lands designated as floodway or flood fringe in the FP-O Floodplain Overlay District;
(ii) 
Lands located in the NK-O Normans Kill Overlay District;
(iii) 
Wetland areas, including but not limited to waters of the United States under the jurisdiction of the United States Army Corps of Engineers, and freshwater wetlands and streams subject to the jurisdiction of the New York State Department of Environmental Conservation;
(iv) 
Stream corridors, which shall include all land from top-of-bank to top-of-bank of any waterway that exceeds two feet in width at any time of year;
(v) 
Steep slopes, which shall include all land with an average vertical slope of 25% or more, measured from top-of-slope to foot-of-slope;
(vi) 
Areas containing cultural or paleontological resources, including but not limited to structures designated by the National Register of Historic Places;
(vii) 
Any lands identified as unstable soils or designated by the state or a governmental agency as unsuitable for development; and
(viii) 
Any lands identified as habitat for species listed as threatened or endangered by the state or federal governments.
(4) 
Avoidance of sensitive areas.
(a) 
All subdivisions shall be designed to avoid the placement of development lots on sensitive lands, including but not limited to areas within the FP-O Floodplain Overlay District, NK-O Normans Kill Overlay District, stream corridors, wetlands, steep slopes, and rock formations.
(b) 
Each subdivision or resubdivision shall be designed so that:
(i) 
No lot for development includes any land designated as sensitive lands on the land analysis map to the maximum extent practicable; and
(ii) 
If any lot does include such sensitive lands, the subdivision plat restricts construction of permanent structures to a designated building envelope area on that lot that does not include any designated sensitive land areas; and
(iii) 
Vehicular crossings of sensitive land areas are minimized to the maximum extent practicable.
(c) 
Adjustment of minimum lot sizes. If the avoidance of any sensitive lands other than floodways and flood fringe areas in the FP-O District results in the subdivision containing fewer buildable parcels than it would have if sensitive lands were not avoided, the applicant may adjust the minimum lot size or lot width of lots in the subdivision by up to 25% in order to include as many lots as would have been possible if those sensitive lands were not avoided. No adjustment of minimum lot sizes or widths shall be made for avoidance of floodway or flood fringe areas.
(5) 
Lots and blocks.
(a) 
The perimeter of each block (excluding street rights-of-way) shall not exceed 1,500 feet.
(b) 
All lots shall comply with all requirements of this USDO for the zoning district(s) and any overlay district(s) in which the property is located, as those requirements may be adjusted by other provisions of this USDO.
(c) 
All platted lots shall have actual frontage upon a street, unless the Chief Planning Official determines that due to topography, utilities, or other site-specific features, actual street frontage is not feasible and that lot access through an irrevocable access easement will not harm the public health, safety, or welfare. The form of the irrevocable access easement must be acceptable to the Corporation Counsel.
(6) 
Design of streets, alleys and sidewalks.
(a) 
General standards.
(i) 
Streets shall be designed to allow the continuation of the existing local, collector, and arterial street network through the subdivision to the maximum extent practicable.
(ii) 
In portions of the City where adjacent blocks contain alleys, alleys with the same orientation and alignment shall be included in the subdivision design.
(iii) 
All thoroughfares shall connect to other streets. Culs-de-sac and T-turnarounds are not permitted. Dead-end streets are only permitted when the adjacent property has not been developed or redeveloped.
(iv) 
Where possible, there shall be parking lanes that can be used for on-street parking, dropoff areas, valet stands, or bus stops. On-street parking lanes shall not be closer than 20 feet to intersections measured from the intersecting lot lines.
(v) 
Streets with on-street parking shall have curb radii of 15 feet maximum. The effective turning radius is larger than the curb radius when parking is present. Thus, the turning radius is effectively 30 plus feet when the curb radius is 15 feet. Corners without on-street parking require the turn and curb radii to be similar to the turning radii, with the curb radius between 20 feet and 30 feet.
(vi) 
A maximum of 30 lots or units shall be permitted to be accessed from a single point of ingress/egress unless otherwise authorized by the City Fire Department.
(vii) 
The design of each new subdivision street shall comply with the dimensions shown in the City's adopted design, engineering, and construction standards.
(b) 
Complete streets design. All streets shall be designed to comply with the Albany Complete Streets Policy and Design Manual and the Administrative Manual, as those documents may be amended or replaced over time, using the street type most applicable to the proposed uses in the area being subdivided, as determined by the Chief Planning Official.
(i) 
New subdivision streets shall incorporate those street elements and streetscape and sidewalk elements listed in the Albany Complete Streets Policy Design Manual and Administrative Manual to the maximum degree practicable.
(ii) 
The design of each new streetscape zone shall comply with the dimensions shown in Table 375.404.1 below, to the maximum extent practicable.
Table 375.404.1
Design of Streetscapes and Sidewalks
Street Type
Frontage Zone
(feet)
Pedestrian Zone
(feet)
Buffer Zone
(feet)
Curb Zone
(inches)
Total Width
Downtown
2
4 to 12
5 to 6
4 to 9
11 feet 4 inches to 20 feet 9 inches
Neighborhood Mixed-Use
2
4 to 12
5 to 6
4 to 9
11 feet 4 inches to 20 feet 9 inches
Neighborhood Residential
N/A
4 to 7
2 to 6
4 to 9
6 feet 4 inches to 13 feet 9 inches
Boulevard
N/A
4 to 7
2 to 6
4 to 9
6 feet 4 inches to 13 feet 9 inches
Community Mixed-Use
2
4 to 12
5 to 6
4 to 9
11 feet 4 inches to 20 feet 9 inches
Community Commercial
2
4 to 12
5 to 6
4 to 9
11 feet 4 inches to 20 feet 9 inches
Industrial
N/A
4 to 7
5 to 6
4 to 9
9 feet 4 inches to 13 feet 9 inches
(c) 
Design of alleys.
(i) 
Where possible, alleys shall be used for access to parking and services at the rear of lots, and shall comply with the dimensions shown in the table below.
Table 375.404.2
Design of Alleys
Alley Type
Right-of-Way Width
(feet)
Pavement Width
(feet)
Residential
20, maximum
12 to 18
Nonresidential
20, maximum
18 to 20
(ii) 
Alleys shall meet the street with a design and construction allowing the sidewalk to continue uninterrupted across a drive with a fixed elevation for pedestrians.
(7) 
Natural and open space areas.
(a) 
Applicability.
(i) 
If a new subdivision will contain more than 20 residential dwelling units, or a resubdivision of land will increase the residential density of the subdivision by more than 20 dwelling units, the developer shall either donate land or make a payment to the City for the conservation of natural areas or the provision of open space areas benefitting the subdivision.
(ii) 
This requirement does not apply to residential cluster subdivisions created under § 375-404(8).
(b) 
The Planning Board shall determine whether a donation of land, a payment in lieu of land dedication, or a combination of both, will be required, based on which will best meet the needs of the subdivision residents.
(i) 
Dedication of lands.
A. 
If a land dedication is required, the amount of land required shall not exceed:
1. 
Ten percent of the gross area of the subdivision; or
2. 
That amount needed to serve the residents of the subdivision with open space at the same level enjoyed, on average, by other residents of the City, whichever is less.
B. 
Lands to be dedicated shall not be located in the FP-O District, and shall not include any environmentally sensitive lands described in § 375-206(3) unless the Board determines that the inclusion of those areas is more consistent with the Comprehensive Plan than the inclusion of alternative areas, and that the inclusion of those areas will not harm the public health, safety, or welfare.
(ii) 
Payment in lieu.
A. 
If a payment-in-lieu of dedicated lands is proposed and accepted, the payment shall not exceed:
1. 
Ten percent of full value of the land to be subdivided; or
2. 
That amount needed to acquire land needed to serve the residents of the subdivision with open space at the same level enjoyed, on average, by other residents of the City, whichever is less.
B. 
All funds received shall constitute a trust fund to be used by the Common Council exclusively for open space, neighborhood park, playground or recreation purposes, which may include the acquisition of land, the construction of facilities, or both.
(8) 
Residential cluster subdivision. As provided in § 37 of the General City Law, and as an alternative to compliance with the dimensional standards of § 375-401, a residential subdivision containing only single-unit detached, two-unit detached, or townhouse dwellings may be designed as a residential cluster subdivision that complies with the standards in this § 375-404(8).
(a) 
Purpose. The purpose of cluster development is to promote the preservation of larger areas of open space and stronger protection of environmentally sensitive lands than is otherwise required by this USDO, and the more efficient use of land requiring smaller networks of streets and utilities.
(b) 
Standards.
(i) 
The proposed subdivision must contain a minimum of four acres of land.
(ii) 
The subdivision shall contain only detached dwellings, or townhouses in clusters of not more than five units.
(iii) 
At least 25% of the gross land area of the subdivision shall be set aside and deed restricted as open space, using a form of deed restriction acceptable to the Corporation Counsel. All deed restricted open space shall be managed and maintained by the residents of the cluster subdivision, or by a nonprofit, land trust, or other land management organization, through a form of legal ownership acceptable to the Corporation Counsel.
(iv) 
The proposed density of development shall not exceed the density permitted for a conventional subdivision in the zoning district where the property is located after the avoidance of sensitive lands as required by § 375-404(4).
(v) 
Minimum lot widths and sizes otherwise applicable in the zoning district where the property is located may be adjusted downward to allow the number of lots permitted by § 375-404(8)(b)(iv) above.
(9) 
Utilities and infrastructure.
(a) 
The developer shall install, at the developer's expense:
(i) 
All infrastructure necessary to connect each subdivision lot to the City's existing water supply system.
(ii) 
All infrastructure necessary to connect each subdivision lot to the City's existing sanitary sewer system.
(iii) 
All infrastructure necessary to connect each subdivision lot to the electric service system.
(iv) 
All site features and infrastructure necessary to retain, detain, and/or infiltrate stormwater to ensure that the new subdivision does not create additional burdens on the City's storm sewer system and does not create additional surface flooding.
(v) 
Street signs shall be installed at each new street intersection and at each point at which a subdivision street meets an existing boundary street, unless a street sign already exists in that location, and shall be designed and built to the standards in the Manual on Uniform Traffic Control Devices (MUTCD).
(vi) 
All subdivisions that include a new street shall provide streetlights at each access point to the existing street network, at each street intersection within the subdivision, and along each subdivision street at a maximum spacing of 250 feet.
(b) 
Underground utilities. With the exception of fire hydrants, utilities shall run underground, unless the City determines that is impracticable due to the location and design of utilities to which the subdivision must connect.
(c) 
Monuments. The developer shall install standard City monuments set in concrete at each corner of each lot, parcel or tract. If that is not practicable, the developer shall install four-inch square, concrete or granite right-of-way markers with center punch or steel core along one side of all new streets, outlining the exact limits of the street and identifying each corner or change in direction. The maximum distance between markers shall be 500 feet.
(1) 
General. No development plan shall be approved and no permit shall be issued for the erection or occupancy of a building or structure unless the use conforms to the requirements of this § 375-405.
(2) 
Off-street parking requirement.
(a) 
Applicability. Unless otherwise stated in this USDO, the requirements in this § 375-405(2) shall apply to all uses in all zoning districts in the following situations:
(i) 
When a new primary building is constructed, the requirements of this § 375-405 shall apply to the entire structure.
(ii) 
When an existing building on a site not otherwise exempt from these regulations is expanded by more than 25% of the existing gross floor area, then the requirements of this section shall apply to increase parking to accommodate the area of expansion (not the entire building).
(iii) 
When a change of use would result in an increase in the required number of off-street parking by more than 50% of that required for the prior use, the requirements of this section shall apply to the increase in required parking (not to any shortage of required parking related to the previous use).
(iv) 
Off-street parking spaces provided prior to adoption of this USDO shall not be permanently reduced in any way that would bring the property or use out of conformance with this section or would increase the degree of any existing nonconformity with the provisions of this section.
(b) 
Exceptions to off-street parking requirements. Off-street vehicle parking is not required where any of the following conditions apply:
(i) 
A lot containing less than 5,000 square feet of gross site area.
(ii) 
A property is located within the Mixed-Use Downtown (MU-DT) District.
(iii) 
A change in use is proposed in a multitenant commercial, mixed-use, or industrial building larger than 50,000 square feet in gross floor area unless the Chief Planning Official determines that the change of use is likely to create a significant increase in on-street parking in any surrounding residential neighborhood.
(iv) 
If compliance with the form-based frontage standards would make it impossible to accommodate the minimum required number of off-street parking spaces on the site, the minimum number of required off-street parking spaces as necessary to comply with the intent of the form-based zoning standards as determined by the Chief Planning Official.
(c) 
Minimum required and maximum parking allowed.
(i) 
In all zoning districts, off-street parking shall be provided in accordance with Table 375.405.1, Minimum and Maximum Off-Street Parking, as adjusted by other provisions of this USDO.
[Amended 11-25-2023 by Ord. No. 29.71.23]
Table 375.405.1
Minimum and Maximum Off-Street Parking
GFA = Gross Floor Area; NLA = Net Leasable Area
Land Use Category
Minimum Number of Spaces Required
Maximum Number of Spaces Allowed
RESIDENTIAL USES
Household Living
Dwelling, single-unit detached
1
n/a
Dwelling, two-unit detached
2
n/a
Dwelling, three-unit detached
3
n/a
Dwelling, townhouse
0
n/a
Dwelling, multi-unit
1 per unit
1.5 per unit
Dwelling, live-work
1 per unit
1.5 per unit
Group Living
Assisted living facility or nursing home
1 per 600 square feet GFA
1 per 500 square feet GFA
Community residential facility
1 per 600 square feet GFA
1 per 500 square feet GFA
Group living, other
1 per 600 square feet GFA
1 per 500 square feet GFA
Dormitory
0.5 per unit
1 per unit
Rooming house
0.25 per guest bedroom
0.5 per guest bedroom
CIVIC AND INSTITUTIONAL USES
Cemetery
0
n/a
Club
1 per 300 square feet GFA
1 per 250 square feet GFA
Community center
1 per 300 square feet GFA
1 per 250 square feet GFA
Cultural facility
1 per 500 square feet GFA
1 per 425 square feet GFA
Day-care center
1 per 300 square feet GFA
1 per 250 square feet GFA
Higher education institution
1 per 400 square feet GFA
1 per 350 square feet GFA
Hospital
1 per 3 inpatient beds
1 per 2.5 inpatient beds
Police or fire station
1 per 400 square feet GFA
1 per 350 square feet GFA
Religious institution
1 per 300 square feet GFA
1 per 250 square feet GFA
School
1 per 750 square feet GFA
1 per 625 square feet GFA
Stadium or arena
1 per 4 persons of maximum occupancy
1 per 3.5 persons of maximum occupancy
Natural area or preserve
0
n/a
Park or playground
0
n/a
Public utility or services, major
0
n/a
Public utility or services, minor
0
n/a
Towers
0
n/a
COMMERCIAL USES
Agriculture and Animal-Related
Agriculture, urban
0
n/a
Plant nursery
1 per 1,000 square feet NLA
1 per 850 square feet NLA
Veterinarian or kennel
1 per 400 square feet NLA
1 per 350 square feet NLA
Food, Beverage, and Consumption Services
Bar or tavern
1 per 150 square feet NLA
1 per 125 square feet NLA
Cannabis consumption site
1 per 150 square feet NLA
1 per 125 square feet NLA
Restaurant
1 per 150 square feet NLA
1 per 125 square feet NLA
Guest Accommodations
Bed-and-breakfast
0.75 per guest room
1 per guest room
Hotel
0.75 per guest room
1 per guest room
Office and Services
Beauty salon, spa or barbershop
1 per 400 square feet NLA
1 per 350 square feet NLA
Blood plasma center
Funeral home or crematorium
1 per 100 square feet of main assembly room
1 per 85 square feet of main assembly room
Laboratory or research facility
1 per 400 square feet NLA
1 per 350 square feet NLA
Medical clinic
1 per 300 square feet NLA
1 per 250 square feet NLA
Office, general
1 per 400 square feet NLA
1 per 350 square feet NLA
Personal or business service
1 per 400 square feet NLA
1 per 350 square feet NLA
Professional office
1 per 400 square feet NLA
1 per 350 square feet NLA
Trade school
1 per 400 square feet NLA
1 per 350 square feet NLA
Recreation and Entertainment
Adult entertainment
1 per 300 square feet NLA
1 per 250 square feet NLA
Indoor recreation or entertainment
1 per 300 square feet NLA
1 per 250 square feet NLA
Outdoor recreation or entertainment
1 per 300 square feet GFA plus 1 per 10,000 square feet of outdoor activity area
1 per 250 square feet GFA plus 1 per 8,500 square feet of outdoor activity area
Retail
General retail
1 per 400 square feet NLA
1 per 350 square feet NLA
Specialty retail
1 per 400 square feet NLA
1 per 350 square feet NLA
Adult retail
1 per 300 square feet NLA
1 per 250 square feet NLA
Cannabis dispensary
1 per 400 square feet NLA
1 per 350 square feet NLA
Controlled substance dispensary
1 per 300 square feet NLA
1 per 250 square feet NLA
Convenience retail
1 per 300 square feet NLA
1 per 250 square feet NLA
Supermarket
1 per 300 square feet NLA
1 per 250 square feet NLA
Vehicles and Equipment
Automobile wash
1 per 500 square feet NLA
1 per 425 square feet NLA
Dispatch service or freight truck terminal
1 per 500 square feet NLA
1 per 425 square feet NLA
Freight truck terminal
1 per 500 square feet NLA
1 per 425 square feet NLA
Heavy vehicle and equipment sales, rental, and servicing
1 per 500 square feet NLA
1 per 425 square feet NLA
Light vehicle servicing
1 per 500 square feet NLA
1 per 425 square feet NLA
Parking lot
0
n/a
Parking structure
0
n/a
Transit facility
0
n/a
Vehicle fueling station
1 per 200 square feet NLA
1 per 170 square feet NLA
Vehicle sales or rental
1 per 500 square feet NLA
1 per 425 square feet NLA
INDUSTRIAL USES
Commercial Services
Crematorium
1 per 1,000 square feet GFA
1 per 850 square feet GFA
Heavy commercial services
1 per 1,000 square feet GFA
1 per 850 square feet GFA
Storage and wholesale distribution
Self-storage facility
1 per 5,500 square feet GFA
1 per 4,675 square feet GFA
Manufacturing, Production, and Extraction
Artisan manufacturing
1 per 500 square feet GFA
1 per 425 square feet GFA
Heavy manufacturing
1 per 1,000 square feet GFA
1 per 850 square feet GFA
Light manufacturing
1 per 1,000 square feet GFA
1 per 850 square feet GFA
Waste and Salvage
Waste/recycling processing facility
1 per 1,000 square feet indoor GFA
1 per 850 square feet GFA
Recycling dropoff center
1
n/a
Landfill
0
n/a
Vehicle towing, wrecking, or junkyard
0
n/a
ACCESSORY USES
Home occupation
0
n/a
All other accessory uses listed in Table 375.302.1
0
n/a
TEMPORARY USES
Farmers' market
0
n/a
All other temporary uses listed in Table 375.302.1
0
n/a
(d) 
Accessible parking areas. Within the requirements of Tables 375.405.1 and 375.405.2 (not in addition to the those requirements), accessible parking shall be provided for all multi-unit and nonresidential uses as required by the International Building Code, the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities, and New York State statutes, as amended.
(e) 
Off-street parking for unlisted uses.
(i) 
For any use not specifically listed in Table 375.405.1, the parking provisions for a similar use, as determined by the Chief Planning Official, shall apply. The Chief Planning Official's decision shall be based on the location of the site, existing traffic congestion and parking levels, and the anticipated timing and volume of parking demand for the use.
(ii) 
For a new use where the Chief Planning Official determines that a similar parking rate is not stated in this USDO, the Chief Planning Official may establish a minimum parking requirement based on a parking study or parking reference guide in general use, or after consultation with other City officials regarding potential parking needs, or a combination of those methods.
(f) 
Parking alternatives and adjustments. The minimum and maximum amounts of parking required by Table 375.405.1 may be adjusted as described in this § 375-405(2)(f).
(i) 
Proximity to transit.
A. 
For new development located within 1/4 mile of any transit stop, the minimum number of off-street parking spaces required shall be reduced by the following amounts:
1. 
Twenty-percent reduction in the total number of required spaces where the transit stop serves a route with a peak service frequency of 15 minutes or better; or
2. 
Ten-percent reduction in the total number of required spaces where the transit stop serves routes having a cumulative average peak service frequency of 15 minutes or better.
B. 
The minimum number of off-street parking spaces required for new development shall be reduced by 10% if the proposed development is located within 1/4 mile of any transit stop serving multiple routes with a cumulative average peak service frequency of 15 minutes or better.
C. 
No development approved with this parking reduction shall be considered legally nonconforming if the bus or transit line is later relocated, or if peak frequency headways are raised above 15 minutes, and the number of parking spaces provided for that use does not meet the minimum requirements of Table 375.405.1. The Planning Department shall maintain a map of areas within the City that qualify for the proximity to transit exemption described in this section.
(ii) 
Shared parking. Where two or more uses listed in Table 375.302.1 (Permitted Use Table), share a parking lot or structure, the off-street parking requirement may be reduced by the factors shown in Table 375.405.2 below.
[Amended 11-25-2023 by Ord. No. 29.71.23]
Table 375.405.2
Shared Parking Reduction
(Add the requirements and divide by these factors)
Property Use
Multi-unit Dwelling
Civic and Institutional
Food, Beverage, and Consumption Service
Guest Accommodations
Recreation and Entertainment
Retail, Office and Services
Other Commercial Use
Multi-unit dwelling
n/a
1.1
1.1
1.1
1.1
1.2
1.3
Civic and institutional
1.1
n/a
1.2
1.2
1.2
1.3
1.5
Food, beverage, and consumption service
1.1
1.2
n/a
n/a
n/a
1.3
1.7
Guest accommo-dations
1.1
1.2
n/a
n/a
n/a
1.3
1.7
Recreation and entertainment
1.1
1.2
n/a
n/a
n/a
1.3
1.7
Retail, office and services
1.2
1.3
1.3
1.3
1.3
n/a
1.2
Other commercial use
1.3
1.5
1.7
1.7
1.7
1.2
n/a
Example calculation:
Shared parking proposed between a 60,000-square-foot school (civic and institutional use) and a 12,000-square-foot indoor recreation or entertainment facility (recreation use) would be calculated as follows:
60,000-square-foot school: standalone parking requirement: 1 space per 750 square feet of gross floor area equals 80 spaces.
12,000-square-foot indoor recreation or entertainment facility: standalone parking requirement: 1 space per 300 square feet of gross floor area equals 40 spaces.
Shared parking calculation: 120 spaces divided by 1.2 (from table) equals 100 spaces.
(iii) 
On-street parking credit.
A. 
The minimum number of off-street parking spaces otherwise required by this § 375-405 shall be reduced by the number of signed, unmetered on-street parking spaces located along the street or streets on which the subject property fronts as measured between extensions of the side or rear lot lines of the subject property as extended into the public right-of-way.
B. 
Credit against minimum required off-street parking shall only be given for an on-street space if at least 50% of the length of the on-street space, measured along the curb, is located between such side or rear lot lines as extended.
C. 
No on-street parking space may be signed or otherwise restricted for the use of the subject property.
(iv) 
Off-site parking.
A. 
Where allowed as a permitted or conditional use in Table 375.302.1 (Permitted Use Table), and as an alternative to providing required on-site parking, parking spaces that are not required to be provided on-site by the Americans with Disabilities Act or state law may be provided at a location with the closest lot line being no more than 300 feet from a lot line of the property with the development or redevelopment it serves.
B. 
The off-site parking spaces shall be located with a legally compliant parking lot or garage that complies with all applicable use regulations set forth within this USDO, and such spaces shall not also be credited to another use at the proposed or another location.
C. 
The applicant for approval of off-site parking shall provide evidence, at the Chief Planning Official's request, that the proposed off-site parking location will remain available for the proposed parking use for a period of at least two years.
(v) 
Transportation demand management program agreement.
A. 
The Chief Planning Official may approve an alternative parking plan that reduces off-street parking requirements below those shown in Table 375.405.1 based on a parking demand study and transportation demand management (TDM) program.
B. 
The TDM plan shall include facts and/or projections, including the type of development, proximity to transit and/or other multimodal systems, anticipated number of employees and/or patrons, minimum parking requirements, and indicate the types of transportation demand management activities that will be instituted to reduce single-occupant vehicle use and ease traffic congestion.
C. 
The TDM plan shall demonstrate that the resulting traffic demand shall not result in traffic congestion in the surrounding area and that the resulting off-street parking provided shall not result in on-street parking congestion in the surrounding area.
D. 
Additional fees may be assessed to defray the additional processing costs in reviewing a TDM plan, including any third-party review determined by the Chief Planning Official to be required because of the complexity of the study or the surrounding context, and any subsequent agreements.
(vi) 
Payment of fee in lieu of providing required parking.
A. 
This § 375-405(2)(f)(vi) describes the City's system for accepting payment of fees in lieu of required parking, but will not be applicable until the Common Council adopts administrative procedures for assessing, collecting, accounting for, and spending fees in lieu of required parking in compliance with applicable law.
B. 
Where any of the required parking is satisfied under an approved fee in lieu of parking, such satisfaction shall run with the land unless any agreement stipulates otherwise.
C. 
Following such action by the Common Council, fees in lieu may be paid in accordance with the following:
1. 
In the mixed-use zoning districts, the applicant may pay a fee in lieu of providing some or all of the required off-street parking required by Table 375.405.1. The fee-in-lieu to be charged shall be based on the average cost to the City of acquiring land and constructing parking spaces in a surface lot or parking structure within a reasonable distance of the proposed development, as established by the Common Council.
2. 
A fee-in-lieu is available if the Planning Board determines that, due to the availability of transit, unique characteristics of the use or area, the availability of off-site public parking in the area, or other factors, the development will not result in traffic or parking congestion in the surrounding area. The Planning Board may require the preparation of a traffic or parking study, at the applicant's expense, before making this determination.
3. 
The City shall not issue a certificate of occupancy for any portion of the project for which on-site parking or off-site parking has not been provided until the fee-in-lieu has been paid.
4. 
The City shall deposit the fee in lieu of parking payments into an account designated for the provision of parking spaces and shall not commingle the funds with other funds of the City. The City shall expend the fee-in-lieu payments to provide parking spaces within a reasonable distance of the development within 10 years after the payment is made, or shall refund the payments, with interest, at the end of that period. City costs for which fees in lieu of parking may be spent include but are not limited to the cost of land, leases, rights, easements and franchises; financing charges; interest paid before and during construction; cost of plans and specifications; cost of engineering and legal services and other expenses necessary or incidental for determining the feasibility or practicability of construction, reconstruction or use; cost of all labor and materials; and administrative expenses and such other expenses as may be necessary or incidental to the provision of public parking spaces.
(vii) 
Future parking area set-aside.
A. 
Where it is unclear whether the full amount of required parking will be used by a proposed use or facility, a parking area set-aside may be designated through development plan review process.
B. 
If a parking area set-aside is requested by either the applicant or the City, the Planning Board may approve a site layout that does not require all of the required parking to be constructed at once, but instead provides for grassed areas to be converted to parking spaces if the need for additional parking arises in the future. However, stormwater and drainage requirements shall be based on full build-out of the parking area.
(3) 
Off-street loading requirement. The following provisions apply in all zoning districts:
(a) 
A minimum of one loading space shall be provided for each public/institutional, commercial and industrial use exceeding 25,000 square feet of gross floor area.
(b) 
Each off-street loading space shall comply with Table 375.405.3 and Table 375.405.4 below:
Table 375.405.3
Off-Street Loading Requirements
Use Size
(gross floor area)
(square feet)
Loading Spaces Required
Under 25,000
None
25,000 to 49,999
1
50,000 or more
2
Table 375.405.4
Dimensions of Loading Spaces
Dimension
Size
(feet)
Width
12
Length
35 (55 for tractor-trailers)
Height
14
(c) 
Owners of two or more uses requiring the joint use of off-street loading facilities may file an executed agreement with the Chief Planning Official, in a form approved by the City, providing for joint use of loading facilities and demonstrating the adequacy of the facility to serve anticipated loading needs.
(d) 
Where it can be demonstrated that loading/deliveries will occur during times when parking areas will be used at less than 75% of capacity, or that deliveries will occur during hours when the establishment or facility is not open for normal business activities, the requirement for loading areas may be waived by the Planning Board through the development plan review process.
(4) 
Bicycle parking requirement. The following provisions apply in all zoning districts.
(a) 
Bicycle parking spaces shall be provided as shown in Table 375.405.5
[Amended 11-25-2023 by Ord. No. 29.71.23]
Table 375.405.5
Minimum Required Bicycle Parking
Land Use Category
Bicycle Parking Spaces Required
Enclosed Spaces Required
Household Living
Dwelling, multi-unit
2 or 10% of required vehicle spaces, whichever is greater
Minimum 60% enclosed
Group Living
Assisted living facility or nursing home
3
Minimum 60% enclosed
Community residential facility
Group living, other
Dormitory
20% of required vehicle spaces
Rooming house
3 or 10% of required vehicle spaces, whichever is greater
Minimum 30% enclosed
CIVIC AND INSTITUTIONAL USES
Club
3 or 10% of required vehicle spaces, whichever is greater
Minimum 30% enclosed
Community center
Cultural facility
Higher education institution
20% of required vehicle spaces
Hospital
5% of required vehicle spaces
Religious institution
10% of required vehicle spaces, whichever is greater
School
20% of required vehicle spaces
n/a
Stadium or arena
10% of required vehicle spaces, whichever is greater
COMMERCIAL USES
Agriculture and Animal-Related
Plant nursery
3 or 10% of required vehicle spaces, whichever is greater
n/a
Veterinarian or kennel
3
Food, Beverage, and Consumption Services
Bar or tavern
3 or 10% of required vehicle spaces, whichever is greater
n/a
Cannabis consumption site
Restaurant
Guest Accommodations
Bed-and-breakfast
3 or 10% of required vehicle spaces
n/a
Hotel
Office and Services
Beauty salon or spa
10% of required vehicle spaces
Minimum 60% enclosed
Blood plasma center
Laboratory or research facility
Medical clinic
Office
Personal or business service
Trade school
Recreation and Entertainment
Adult entertainment
3 or 10% of required vehicle spaces, whichever is greater
n/a
Indoor recreation or entertainment
Outdoor recreation or entertainment
Retail
General retail
3 or 10% of required vehicle spaces, whichever is greater
n/a
Specialty retail
Adult retail
Cannabis dispensary
Controlled substance dispensary
Convenience retail
Supermarket
Vehicles and Equipment
Parking structure
10% of required vehicle spaces
Minimum 60% enclosed
Vehicle fueling station
3
n/a
INDUSTRIAL USES
Commercial Services
Self-storage facility
3
n/a
Manufacturing, Production, and Extraction
Artisan manufacturing
3 or 10% of required vehicle spaces, whichever is greater
n/a
(5) 
Parking layout and design.
(a) 
General standards.
(i) 
No parking area shall be used for the sale, storage, repair, dismantling, or servicing of any vehicles, equipment, materials, or supplies, unless permitted under § 375-303.
(ii) 
No surface parking area shall be used for sales of goods at retail or wholesale unless permitted under § 375-303.
(iii) 
Boats, boat trailers, trailers, campers, and recreational vehicles shall only be stored in a rear yard.
(b) 
Parking location.
(i) 
In the R-M, R-V, MU-NE, MU-NC, MU-I, MU-CU, MU-DT, and I-1 Districts, off-street parking and vehicle maneuvering areas shall be provided behind the front wall plane of new and redeveloped buildings, or shall be located within the principal building or within a garage structure, to the maximum degree practicable.
(ii) 
In the MU-FW, MU-FC, MU-FS, and MU-FM Districts, off-street parking facilities shall be located to the rear of the primary building, within the principal building, or within a garage structure.
(iii) 
On lots in the nonresidential zoning districts that are adjacent to a residential zoning district, parking spaces shall not be located within 10 feet of the front lot line.
(iv) 
Parking spaces for any single- or two-unit dwelling shall not be provided in the front setback area or any area forward of the front wall plane of the structure unless they are located on a paved area that does not exceed 35% of the lot width. The maximum percentage of lot width used for parking may be increased to 50% if at least the additional 15% of lot width used for parking is surfaced with pervious pavers acceptable to the City, rather than with an impervious surface.
(v) 
Parking of any motor vehicle on dirt, grass, or any surface other than paving material or pervious pavers acceptable to the City is not permitted.
(c) 
Parking lot and garage design standards.
(i) 
General standards.
A. 
Parking areas shall be arranged with turnaround areas to permit cars to exit the area without backing onto any street or sidewalk.
B. 
Every parking lot containing 20 or more spaces shall be provided with a two-way driveway not exceeding 20 feet in width or two one-way driveways not exceeding 12 feet in width.
C. 
All parking space stalls shall be clearly marked on the pavement.
D. 
Car stops or other suitable devices, as determined by the Chief Planning Official, may be required to protect fencing, landscaping, and other screening devices from damage.
E. 
All parking lots and garages shall comply with the outdoor lighting standards in § 375-408.
F. 
All surface parking lots shall provide a snow storage area sized to accommodate expected snowfall and located to ensure that fencing, landscaping, and other screening devices are protected from damage.
(ii) 
Off-street parking layout dimensions. All required parking spaces shall comply with the minimum dimensions for spaces shown in Figure 375.405.1 and described Table 375.405.6 below.
Table 375.405.6
Parking Layout Dimensions
(1)
Parking angle (degrees)[1]
0°
30°
45°
60°
90°
(2)
Space width (feet)
9
9
9
9
9
(3)
Curb length per space (feet)
22
20
14.2
11.5
10
(4)
Space depth (feet)
10
18.7
21.4
22.4
20
(5)
Access aisle width (feet)
12
11
14[2]
19[2]
24[2]
NOTES:
[1]
If the degree of angle of parking provided is not listed, the aisle width required shall be the next largest angle of parking shown.
[2]
If parking spaces are located only on one side of the access aisle, the width of the access aisle may be reduced by 20% but not less than 12 feet wide, or 18 feet wide if a designated fire lane.
Figure 375.405.1
(iii) 
Surfacing and drainage.
A. 
Except as otherwise provided for in Subsection (5)(c)(iii)B below, all off-street parking and loading areas shall be surfaced with asphalt, concrete, brick, stone, pavers, or an equivalent hard, dustless, all-weather, and bonded surface material approved by the City. Use of surfacing that includes recycled materials such as glass, rubber, used asphalt, brick, block, and concrete is encouraged.
B. 
Pervious or semipervious surfacing materials.
1. 
The use of pervious or semipervious surfacing materials, including but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids may be approved for off-street parking and loading areas, provided that the surfacing is subject to an ongoing maintenance program (e.g., sweeping, annual vacuuming).
2. 
Any pervious or semipervious surfacing used for aisles within, or driveways to, parking and loading areas shall be approved by the City as capable of accommodating anticipated traffic loading stresses, drainage and maintenance impacts.
3. 
Where possible, such materials should be used in areas proximate to and in combination with on-site stormwater control devices, such as bioswales.
4. 
In the PB-O District, use of pervious or semipervious paving materials is mandatory rather than optional.
(iv) 
Landscaping and screening. All parking lots for four or more spaces shall comply with the following requirements.
Figure 375.406.3
A. 
Landscaping.
1. 
Parking lot screening provided under Subsection (5)(c)(iv)B and C below shall not be used to meet this 7% landscaping requirement.
2. 
A minimum of one tree island containing at least 80 square feet of land area, which shall include at least one shade tree or larger, shall be provided for every 20 parking spaces.
3. 
Any curbs installed at the edges of required perimeter and interior landscaped areas shall have openings that allow drainage from the pavement to enter and percolate through the landscaped areas.
4. 
Mulch shall not be installed adjacent to any sidewalk, parking area, or driveway with less than a one-foot border of grass or other permanent live ground cover to ensure mulch is not washed into the drainage system.
B. 
Screening of adjacent lots. Where a parking lot is adjacent a lot being occupied by a principal use categorized as a household living use in Table 375.302.1 (Permitted Use Table), and the parking lot is not separated from the adjacent property by a principal or accessory structure, buffer, landscaping shall be required in a manner consistent with § 375-406(5)(b)(i)A or B.
C. 
Screening of frontages.
1. 
Where a parking area or lot (excluding driveways) is located within 30 feet of a front lot line, and is not separated from the front lot line by a principal or accessory structure, the parking area or lot shall be screened from the street by one or both of the following, located within five feet of the front lot line:
a. 
A masonry wall (not including concrete masonry unit blocks) between 30 and 36 inches in height; or
b. 
A decorative wrought-iron-style fence between 30 and 42 inches in height, with masonry piers that may extend to 48 inches in height but do not exceed 18 inches in width, viewed from the street, and do not occupy more than 20% of the length of the fence; or
c. 
A continuous line of shrubs that achieves 80% opaque screening between 30 and 48 inches in height during summer months.
2. 
The location of required parking lot landscaping shall allow visibility from adjacent streets and from at least one pedestrian entry to a principal building on the lot to the maximum extent practicable.
(v) 
Pedestrian safety.
A. 
Each surface parking area containing 100 or more parking spaces, any of which are located more than 300 feet from the front facade of the building, shall contain at least one walkway that enables a pedestrian to travel from the farthest row of parking to the primary building entrance without crossing any parking spaces or drive aisles. Additional walkways shall be included and spaced 200 feet apart to ensure that no parking space in the farthest row of the parking lot is more than 200 feet from any walkway. If there is a public sidewalk along the street frontage located within 50 feet of any required walkway, the walkway shall connect to that sidewalk.
B. 
The City may require installation of pedestrian safety devices, such as convex mirrors or other warning devices, if the Chief Planning Official determines that there would be a significant risk to public health or safety without the installation of those devices.
(vi) 
Parking garage design. Aboveground parking garages or portions of structures occupied by automobile parking shall meet the following standards:
A. 
The height of an accessory parking garage shall not exceed the height of the principal structure it is intended to serve.
B. 
Open-air, rooftop parking is permitted, but shall be screened by a parapet wall or similar building feature that is an integral part of the building's architectural design and is of sufficient height to screen the parked and circulating vehicles when viewed at ground level from any public right-of-way adjacent to the property.
C. 
All vehicle parking surfaces along any street frontage of the garage shall be horizontal, rather than an angled surface or ramp leading to a higher or lower level of the garage.
D. 
Elements such as decorative grillwork, louvers, or translucent materials shall be used to cover window-like openings on all elevations facing a public right-of-way. The design and materials shall conceal the view of all parked cars below the hoodline through the use of opaque or semi-opaque facade materials that extend at least three feet in height above the vehicle parking surface.
E. 
When located in any mixed-use zoning district and the ground floor of a building is intended for use as parking, it shall be designed so that any frontage adjacent to a public street has a minimum floor to ceiling height of 13 feet and a minimum bay depth (not required for vehicle circulation inside the garage) of 20 feet, in order to accommodate commercial or institutional uses along the street frontages, or to allow conversion of street frontage spaces to commercial or institutional uses in the future.
F. 
Any vehicle exit barrier, including but not limited to a gate or payment booth, shall be located at least 20 feet inside the exterior wall of the parking structure.
(6) 
Design and use of off-street loading areas.
(a) 
Off-street loading spaces shall be located on the same lot or parcel as the structure or use for which it is provided.
(b) 
Loading spaces and maneuvering areas shall be designed so that loading operations:
(i) 
Do not encroach upon any sidewalk, street, public right-of-way, or fire lane; and
(ii) 
Do not occupy any required off-street parking spaces or access driveways.
(c) 
No loading space shall be located within any required front yard.
(d) 
No loading space shall be located closer than eight feet from a lot line abutting any residential zoning district.
(e) 
All loading areas shall comply with the landscaping and screening standards in § 375-406(8).
(f) 
All loading areas shall comply with the outdoor lighting standards in § 375-408.
(g) 
All loading areas shall provide a snow storage area sized to accommodate expected snowfall and located to ensure that fencing, landscaping, and other screening devices are protected from damage.
(7) 
Drive-through vehicle stacking standards. The following standards apply to all properties with a drive-through facility designed for access from a vehicle (rather than a walk-up facility).
(a) 
Stacking space requirements. Vehicle stacking spaces for drive-through facilities shall be provided to comply with Table 375.405.7 and Figure 375.405.3.
Table 375.405.7
Drive-Through Stacking Space Requirements
Activity
Minimum Stacking Spaces
(per lane)
Measured From
Bank, financial institution, or automated teller machine (ATM)
MU-CH: 4
Other districts: 2
ATM or window
Restaurant/retail store
MU-CH: 4
Other districts: 2
Pick-up window
Full-service vehicle washing establishment
MU-CH: 4
Other districts: 2
Outside of washing bay
Self-service or automated vehicle washing establishment
1
Outside of washing bay
NOTE:
If the use or activity that is being served by the drive through is not listed, the requirements shall be determined by the Chief Planning Official based on anticipated need and avoidance of traffic congestion on adjacent streets.
(b) 
Location and design of stacking lanes.
Figure 375.405.3
Figure 375.405.3
(i) 
Audible electronic devices such as loudspeakers, automobile service order devices, and similar instruments shall not be audible beyond the lot line of the site.
(ii) 
No service shall be rendered, deliveries made, or sales conducted within the required front yard or corner side yard; customers shall be served in vehicles through service windows or facility located on the noncorner sides and/or rear of the principal building.
(iii) 
Drive-through stacking lanes shall have a minimum width of 10 feet and a minimum length of 20 feet.
(8) 
Bicycle parking design standards.
(a) 
Bicycle parking shall be located in highly visible areas near the intended use.
(b) 
Bicycle parking racks shall be positioned out of walkway clear zones.
(c) 
Bicycle parking racks shall be located to avoid potential conflict with parking and circulation of motor vehicles.
(d) 
Bicycle parking racks shall support the frame of a bicycle upright in two places.
(e) 
Bicycle parking racks shall enable the bicycle frame and one or both wheels to be secured through use of a U-type lock.
(f) 
Bicycle parking racks shall be securely anchored to an approved hard surface.
(g) 
A two-foot-by-six-foot space is required to accommodate two bicycles.
(h) 
Parallel bike racks shall have a minimum on-center spacing of 30 inches. Spacing of 48 inches is optimal.
(i) 
Enclosed bicycle parking.
(i) 
Required enclosed bicycle parking shall mean bicycle parking that is located in one of the following:
A. 
In a locked room;
B. 
In an individual or community storage area;
C. 
In a bicycle locker;
D. 
In a locked area that is enclosed by a fence or wall with a minimum height of eight feet;
E. 
In a private garage serving a dwelling within a multi-unit (residential) building; or
F. 
Inside a residential dwelling unit if the dwelling unit has an exterior ground floor entry.
(1) 
Purpose. The intent of this § 375-406 is to:
(a) 
Promote a healthy environment by providing shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff management, erosion control, and reductions in noise, glare and heat island effects; and
(b) 
Provide visual buffering from streets, buffering of potentially incompatible land uses, and generally enhance the quality and appearance of the City; and
(c) 
Encourage the preservation of existing trees and vegetation that offer environmental, aesthetic, habitat, sustainability, and economic benefits to the City and its citizens.
(2) 
Applicability.
(a) 
This section applies to all regular and form-based districts unless explicitly stated otherwise in this section or unless expressly addressed within the standards for form-based districts, in which case the standards governing form-based districts shall apply to those districts.
(b) 
No existing development or lot shall be altered in a way that decreases compliance with the landscaping, screening or buffering requirements contained in this section.
(c) 
Compliance with the provisions of this section is required when:
(i) 
A new primary structure is constructed; or
(ii) 
The gross floor area of an existing principal structure is increased by more than 25%; or
(iii) 
An existing principal structure is relocated on the lot or parcel; or
(iv) 
The principal structure is renovated or redeveloped (including but not limited to reconstruction after fire, flood, or other damage), and the value of that renovation or redevelopment, as indicated by the building permit or application, is more than 25% of the actual value of the property, as indicated by City tax assessment records; or
(v) 
A new parking lot containing four or more spaces is constructed; or
(vi) 
An existing parking lot containing four or more spaces is redesigned or reconstructed with significant changes to the layout of parking spaces, driving aisles, and access drives.
(d) 
In case of any conflict between the various landscaping standards in this § 375-406, the stricter standard shall apply. Wherever the requirement for two or more landscaping standards overlap, the same plant material may be counted toward meeting the requirements of both standards.
(3) 
General landscaping standards.
(a) 
Required plant materials.
(i) 
Tree and shrub species used to meet the landscaping requirements shall be from the City of Albany Selected Plant List, as approved by the City Forester, and as may be amended from time to time. Upon presentation of evidence, the Chief Planning Official may authorize alternative species or cultivars that meet the intended purpose, are not invasive or hazardous, and are equally hardy and capable of withstanding the local climate.
(ii) 
Plants listed on the City of Albany Prohibited Plant List, as amended, or on any state government list of invasive or prohibited species shall not be installed and shall not be counted towards meeting any landscaping requirement.
(iii) 
All plant material shall be hardy to the Albany region, suitable for the site, free of disease and insects, and shall conform to the American Standard for Nursery Stock (ASNS) of the American Nursery and Landscape Association for the quality and installation of that plant.
(iv) 
In all areas where landscaping is required, a minimum of 80% of the surface area shall be covered by living materials, rather than mulch, bark, gravel, or other nonliving material.
(v) 
The use of synthetic vegetation (plastic plants, etc.) shall not be used to meet any of the required landscaping, screening, or buffering standards.
(vi) 
Landscape areas, as required by this USDO, shall be designed to be drought-tolerant.
(vii) 
In the PB-O Pine Bush Overlay District, species chosen from a list of species native to the Albany Pine Bush Preserve maintained by the Pine Bush Preserve Commission.
(b) 
Soil condition and planting beds.
(i) 
All landscaping required by this USDO shall be planted in uncompacted soil.
(ii) 
The planting bed of required trees and shrubs shall be mulched with shredded bark or wood mulch. The planting bed for ground cover plantings, including perennial and annual flowers, shall be mulched.
(iii) 
All landscaped areas shall be protected from vehicular encroachment by curbs or wheel stops. Curbs shall be provided with openings to accommodate surface collection of stormwater runoff in vegetated swales and detention facilities.
(c) 
Minimum plant sizes at installation. Unless otherwise specifically noted, the minimum plant size of required landscaping at the time of installation shall be according to Table 375.406.1.
Table 375.406.1
Minimum Plant Size
Plant Type (ASNS types)
Minimum Size
Deciduous shade tree (mature height greater than 30 feet)
2-inch caliper, measured 6 inches above the ground, as specified by the American Standard of Nursery Stock
Ornamental tree
4 feet in height, as specified by the American Standard of Nursery Stock, except for true dwarf species
Conifers
6 feet in height
Shrubs
5-gallon container size
Ground cover plants (crowns, plugs, containers)
A species-appropriate number to provide 50% surface coverage after 2 growing seasons
Grass seeding or sod
Seed mix shall be of pure live seed weight and 99% weed free
(d) 
Plant material spacing.
Figure 375.406.1
Figure 375.406.1
(i) 
A minimum three-foot radius shall be provided free of trees or shrubs around fire hydrants, valve vaults, hose bibs, manholes, and fire department connections.
(ii) 
Where tree planting requirements are based on linear street frontage, areas occupied by driveways shall be included when calculating the number of trees required to be planted, and all trees that would otherwise be required in driveways shall be planted in other landscaped front yard areas.
(iii) 
The Chief Planning Official or the City Forester may authorize adjustments to these spacing requirements when required due to topography, drainage, utilities or obstructions, or because of the space needs of different species of vegetation, provided that the total amount of required landscaping is not reduced.
(e) 
Vegetative coverage. Except as exempted by this subsection, any development or redevelopment site that triggers the requirements of this section shall ensure that landscaping, screening, and/or buffering achieves at least the equivalent of 30% lot coverage by vegetated material.
(i) 
For the purposes of this requirement:
A. 
"Vegetative coverage" shall mean live plants, including grass, flowering plants, shrubs, and shade or ornamental trees. (Plastic or other manufactured materials are not permitted.)
B. 
For landscaping, screening or buffering to count towards these vegetative requirements, 80% of the surface area shall be covered by living materials rather than mulch, bark, gravel, or other nonliving materials.
C. 
Vegetation required to comply with other screening, buffering and landscaping requirements of this USDO, such as for parking lots, utilities, and trash receptacles, shall count towards this 30% vegetative coverage requirement.
D. 
Green roofs or any plantings more than four feet above grade shall not count towards this requirement.
E. 
Whenever possible, the vegetative requirements of this subsection shall be consolidated to create a green space that is usable for active or passive recreation or communal gathering spots.
(ii) 
Exemptions. This vegetative requirement shall not apply to:
A. 
Any development or redevelopment in the R-T, MU-CU, MU-CH, MU-DT, MU-FC, MU-FW, and I-2 Districts; provided, however, that any development or redevelopment in these districts shall be encouraged to meet these vegetative coverage requirements to the greatest degree practicable.
B. 
Any development or redevelopment in a mixed-use or special purpose district where one or more abutting properties are built to the front lot line, sidewalk, or equivalent street frontage and the entire development or redevelopment involves less than a half acre, except that development or redevelopment shall meet these vegetative coverage requirements to the greatest degree practicable and shall otherwise comply with the screening and buffering requirements of this USDO.
C. 
Any development or redevelopment that primarily involves interior renovations and does not otherwise increase lot coverage with structures or parking lots.
(iii) 
Unless otherwise exempted by the above provisions or a lot falls within the boundaries of the Park South Urban Renewal Plan, the Planning Board shall not have the authority to waive this vegetative requirement whenever any portion of a proposed development abuts an R-1L, R-1M, or R-2 District. Whenever a waiver is granted by the Planning Board, compliance with the vegetative coverage requirement shall be required to the greatest extent practicable.
(f) 
Snow storage areas. Snow storage area(s) shall be provided to ensure that landscaping, fencing and other screening devices are protected from damage during snow storage operations.
(4) 
Street trees and lot frontage landscaping.
(a) 
Street trees required.
(i) 
At least one shade tree shall be planted per 35 linear feet of street frontage, to be arranged as follows:
A. 
Shade trees shall be located in the planting area between the sidewalk and street or curb, and shall be planted with thirty-five-foot on-center spacing to the maximum degree practicable; or
B. 
Where a detached sidewalk does not exist, shade trees shall be planted in alignment with any similar street frontage landscaping on adjacent lots.
Figure 375.406.2
Figure 375.406.2
(ii) 
Where the planting of shade trees would interfere with overhead electric power lines, at least one ornamental tree with a mature height of 12 feet shall be planted per 20 feet of street frontage.
(iii) 
Where the sidewalk extends from the back of curb to the lot line or building frontage, tree wells shall be installed in the sidewalk to allow planting of trees. Tree wells in sidewalks five feet wide or less shall be covered with a tree grate or pervious pavement, and the opening in a tree grate for the trunk must be expandable and level with the sidewalk or adjacent surface.
(iv) 
Areas occupied by driveways shall be included when calculating the number of trees required to be planted, and all trees that would otherwise be required in driveways shall be planted in other landscaped front yard areas.
(v) 
Plantings in the public right-of-way shall be at the discretion of by the Department of General Services. Plantings deemed unsafe or impracticable by the Department of General Services due to utility, slope, maintenance, location, visibility, alignment, or other factors are not required to be installed in those locations, but the Chief Planning Official may require that substitute landscaping be installed elsewhere on the property.
(vi) 
The Chief Planning Official may authorize adjustments to these spacing requirements when required due to topography, drainage, utilities or obstructions, or because of the space needs of different species of vegetation, provided that the total amount of required landscaping is not reduced.
(b) 
Lot frontage landscaping.
(i) 
Where all or part of a principal structure is located more than 20 feet from the lot line, a minimum of 20% of the area between the front lot line and the primary building facade must be landscaped with vegetative cover, shrubs, or trees.
(ii) 
The following standards shall apply to all lots in a residential zone containing a single-unit or two-unit dwelling that is located more than 20 feet from the front lot line or from a side street lot line:
A. 
No more than 20% of the area between the primary structure and the street shall be covered with impervious surface, and the remainder of such areas shall be landscaped with vegetative cover, shrubs, trees, or other pervious treatment; and
B. 
A walkway of up to five feet in width shall be permitted to cross the area between each street frontage and primary structure or accessory structure, and one driveway of up to 20 feet in width shall be permitted to cross the area between one street frontage to a principal or accessory structure, even if the walkway(s) and driveway would result in more than 20% of the applicable yard having impervious surfaces.
(5) 
Side and rear lot line buffers.
(a) 
Buffering requirements.
(i) 
A landscaped buffer shall be provided along each side or rear lot line by an applicant seeking City approval for development where any of the following abutting conditions occur:
A. 
A lot in the residential zoning district contains a multi-unit dwelling structure or any nonresidential structure abuts a lot that contains an occupied single-unit detached dwelling, two-unit detached dwelling, or townhouse.
B. 
A lot in a mixed-use or special purposes zoning district that contains a multi-unit dwelling structure or any nonresidential structure abuts a lot in a residential zoning district that contains an occupied single-unit detached dwelling, two-unit detached dwelling, or townhouse.
C. 
A lot is occupied by a principal use categorized in Table 375.302.1 (Permitted Use Table) as an industrial use, other than artisan manufacturing, and abuts a lot occupied by a principal use categorized in Table 375.302.1 (Permitted Use Table), as an artisan manufacturing, or anything other than an industrial use.
D. 
Except in the MU-DT Zoning District, where a new or redeveloped detached principal structure will contain four or more stories or the development will occupy one acre or more, and the abutting property contains a principal structure containing two or fewer stories.
(b) 
Buffer options.
(i) 
Where buffer landscaping is required pursuant to Subsection (5)(a), the buffer landscaping shall comply with one of the following options:
A. 
A landscape buffer area at least 10 feet wide, containing at least one shade tree for every 35 linear feet of lot line and three large shrubs per 25 feet of lot line, with spacing designed to minimize sound, light, and noise impacts, and with living materials covering at least 75% of the ground surface of the required area; or
B. 
An opaque wall, fence, or a vegetative screen with at least 50% opacity, six feet in height in areas behind the front facade of the primary building, and four feet in height forward of the front facade of the primary building, meeting the requirements of § 375-406(7) below.
1. 
If a wall or fence is used to meet this requirement, the fence shall be placed on the applicant's property. The side facing away from the applicant's property shall be at least as finished in appearance as the side facing the applicant's property.
2. 
If a dense vegetative screen is proposed, it shall be at least four feet in height at the time of planting.
(ii) 
In any case where the abutting property is a single-unit detached dwelling, a two-unit detached dwelling, or a row house, and a fence separates the two properties, the required landscaping shall be installed on the side of the fence facing the single-unit detached dwelling, two-unit detached dwelling, or townhouse, to the maximum extent practicable.
(6) 
Preservation of existing landscaping.
(a) 
In the event that existing, noninvasive vegetation meets the intent of the screening or landscaping requirements, preserved existing vegetation will be credited towards the landscaping required by this § 375-406.
(b) 
Preservation of trees shall be given credit toward required landscaping as follows:
(i) 
Trees may be credited only one time towards one buffer, screen, or other landscape requirement.
(ii) 
Trees shall be located within the required landscape area to which they will be credited.
(iii) 
No credit shall be given for existing vegetation that is invasive or listed in the City of Albany Prohibited Plant List or any state list of prohibited or invasive plants.
(iv) 
Tree credits shall be awarded in the quantities shown in Table 375.406.2 below based on diameter at breast height (DBH) approximately 4 1/2 feet from the ground.
Table 375.406.2
Tree Preservation Credits
Caliper of Preserved Tree
(inches DBH)
Reduction in Number of Required Trees
Over 12
3
Over 8 to 12
2
5 to 8
1
(c) 
Existing vegetation used to meet the requirements of this § 375-406 shall be protected from damage during construction by a fence erected around an area one foot beyond the dripline of the preserved vegetation, or by other means approved by the Chief Planning Official.
(7) 
Walls and fences.
(a) 
Applicability. All walls and fences shall conform to the provisions of this § 375-406(7), except temporary fences and barricades around construction sites, which are governed by the International Building Code, as amended and adopted by the City, and fences required to be erected by any state, federal, or other agency, and that are governed by the standards of those agencies.
(b) 
Materials.
(i) 
No wall or fence shall include barbed wire, broken glass, electrification, or other material or device intended to cause injury, except as otherwise stated in this § 375-406 or required by state or federal law.
(ii) 
Chain-link fencing is prohibited in any front yard area or on any vacant lot except in the I-1 Light Industrial or I-2 General Industrial Zoning Districts.
(iii) 
Barbed (not razor) wire is prohibited in all areas except the I-2 General Industrial Zoning District, or as required for public safety in and around major public utility or services uses.
(iv) 
No wall or fence shall be constructed of scrap or waste materials unless those materials have been recycled or reprocessed into building materials for sale to the public.
(v) 
No fence intended as a permanent structure shall be constructed of canvas, cloth, wire mesh, chicken wire, snow fencing, or any other similar material.
(vi) 
A fence designed to be structurally supported by posts, cross members, or rails on one side only shall be erected with the posts, cross members, or rails on the fence owner's side. The finished side of the fence (without supporting posts, cross members, or rails) shall face adjacent properties or the public right-of-way.
(vii) 
All fences constructed of pressure-treated wood shall be painted or finished with a solid color or stain within one year of installation.
(c) 
Height and opacity.
(i) 
Walls and fences located in any front yard, not including a yard area behind the front wall plane of the principal building and facing the secondary street on a corner lot, shall not exceed four feet in height and shall be a maximum 60% opaque, except in the I-1 and I-2 Districts, where they shall not exceed six feet in height.
(ii) 
Walls and fences located in any side or rear yard, including corner side yards, shall not exceed six feet in height, except in the I-1 and I-2 Districts, where they shall not exceed eight feet in height.
(iii) 
Where a lot is not improved with a principal structure, the wall planes of any adjacent buildings shall be used for determining the front and corner side yards.
(iv) 
Fences and walls shall comply with vision clearance requirements, as established by § 375-406(9), where located on a corner lot and if located within 10 feet of a driveway on an abutting lot, shall not exceed three feet in height for the portion within 10 feet of the right-of-way.
(v) 
Notwithstanding Subsection (7)(b)(i) and (ii) above, fences constructed for the purposes of enclosing an outdoor recreation or entertainment use may exceed the maximum height but shall not be located closer than 10 feet from any lot line.
(d) 
Setbacks. No minimum distance shall be required between a wall or fence and a lot line unless otherwise specified in this USDO.
(8) 
Screening of service areas and equipment.
(a) 
Screening of loading, service, and trash enclosure areas.
(i) 
Where a loading, service, or trash enclosure area is located adjacent to a lot occupied by a principal use categorized in Table 375.302.1 (Permitted Use Table) as a household living use, the loading or service area shall be screened from the adjacent district or residential use by:
A. 
An opaque wall, fence, architectural feature, or architectural extension of the building, eight feet in height, that relates to the overall design of the principal structure; or
B. 
A vegetated screen with at least 80% opacity year-round and at least six feet in height at the time of planting.
(ii) 
Where a loading, service, or trash enclosure area serving a use categorized as industrial in Table 375.302.1 (Permitted Use Table) is located adjacent to a lot occupied by a use not categorized as industrial in Table 375.302.1 (Permitted Uses Table), the loading or service area shall be screened from the adjacent district or residential use by:
A. 
An opaque wall or fence, architectural feature, or architectural extension of the building, eight feet in height, that relates to the overall design of the primary structure; or
B. 
A vegetated screen with at least 100% opacity year-round and at least six feet in height at the time of planting.
(b) 
Screening of roof-mounted mechanical equipment.
(i) 
Roof-mounted mechanical equipment for any multi-unit or nonresidential principal use, not including solar collectors or wind energy devices, shall be screened by a parapet wall or similar building feature that is an integral part of and compatible with the building's architectural design.
(ii) 
The parapet wall or similar screening feature shall be of sufficient height to screen the mechanical equipment from all sides when viewed from ground level from any public right-of-way adjacent to the property.
(c) 
Screening of ground-mounted mechanical equipment.
(i) 
Ground-mounted mechanical equipment shall be screened from ground level view from adjacent properties and from all public rights-of-way adjacent to the property by landscaping or by decorative wall or fence that incorporates at least one of the primary materials and colors of the nearest wall of the primary structure.
(ii) 
The wall, fence, architectural feature, or architectural extension of the building shall be of a height equal to or greater than the height of the mechanical equipment being screened. Such wall, fence, or architectural enclosure shall relate to the overall design of the primary structure.
(iii) 
If landscaping is used for screening, the screening material shall be designed to provide 80% opacity within one year of planting along the full required height and length of the screening buffer.
(9) 
Vision clearance and public safety.
(a) 
On any corner lot, no wall, fence, structure, sign, berm, or plant growth that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle.
Figure 375.406.4
Figure 375.406.4
(b) 
A minimum three-foot radius shall be provided free of trees or shrubs around fire hydrants, valve vaults, hose bibs, manholes, and fire department connections.
(10) 
Undeveloped lots.
(a) 
Undeveloped lots shall be graded and drained so that no mud or gravel is washed across a public sidewalk.
(b) 
Undeveloped lots shall be landscaped and maintained or surrounded by a fence, wall or hedge meeting the requirements of §375-406(7).
(11) 
Stormwater management.
(a) 
All development and redevelopment in the City shall comply with the requirements of Article 14 of Chapter 133 (Stormwater Management and Erosion Control) of the City Code, and with Chapter 299 (Sewers) of the City Code.
(b) 
Each application for development shall be referred to the Department of Water and Water Supply for a determination of whether the existing sanitary and storm sewer infrastructure is adequate in size, location, connectivity, and construction quality to accommodate expected flows of both sanitary sewer and stormwater from the proposed facility. If the Albany Department of Water and Water Supply determines that the existing sanitary and/or storm sewer infrastructure is not adequate to accommodate expected sanitary and stormwater flows from the proposed development, the City may require that the applicant modify the proposed development and/or install or contribute a proportional share of the overall cost to the installation of required storm and sanitary sewer infrastructure before the proposed development is approved, and the applicant may be required to pay its proportionate share of those costs.
(c) 
All development and redevelopment within the City with a proposed area of disturbance greater than or equal to 1/4 of an acre in size shall comply with the latest version of the New York State Department of Environmental Conservation Stormwater Management Design Manual that are written as applicable to properties with areas of disturbance of one acre in size or larger.
(d) 
The maximum allowable design peak-flow stormwater discharge into the combined sewer system shall be limited to the calculated peak-flow discharge of the ten-year storm for undeveloped site conditions, as determined by a professional engineer, and to be reviewed and accepted by the Department of Water and Water Supply.
(1) 
Purpose. The purpose of the standards in this § 375-407 is to:
(a) 
Ensure that new construction and significant expansions of existing buildings contribute to and improve the visual quality of the City;
(b) 
Encourage further investment in the City by reducing the risk of low-quality development on adjacent parcels; and
(c) 
Create a more pedestrian-friendly street environment to encourage walking, energy conservation, and public health.
(2) 
Applicability.
(a) 
The standards in this § 375-407 shall apply to any construction, expansion, or renovation of a building that is visible from a public right-of-way.
(b) 
Notwithstanding Subsection (2)(a) above, the standards in this § 375-407 do not apply to:
(i) 
Any construction, expansion, or renovation of a principal structure in the HR-O District; and
(ii) 
Any construction, expansion, or renovation of a principal structure in the LC District; and
(c) 
These standards shall apply to all form-based districts unless addressed within the form-based standards in which case the form-based standards will prevail.
(3) 
Existing building standards.
(a) 
Building materials.
(i) 
Original materials shall be retained, maintained, repaired or uncovered wherever possible and to the maximum extent practicable.
(ii) 
Additions and alterations shall be composed of materials that complement adjacent facades and are compatible with the quality and appearance of traditional materials.
(b) 
Roof shape. Original roof forms, profiles, and cornices shall be maintained to the maximum extent practicable.
(c) 
Fenestration.
(i) 
Original window and door arrangements shall be preserved to the maximum extent practicable..
(ii) 
Window replacements shall match the original size, style, and configuration to the maximum extent practicable.
(iii) 
Windows and doors shall not be boarded up or otherwise visibly blocked.
(d) 
Siding and trim work.
(i) 
Original architectural trim work detailing shall be preserved to the maximum extent practicable.
(ii) 
All new siding shall be installed in a manner that preserves original trim work, such as window crowns, corner boards, dentils, modillions, brackets, ornamental cornices, or other design features of distinction.
(e) 
Porches.
(i) 
All porches shall be retained in their original style with appropriate supports, balusters, railings, and framed latticework to the maximum extent practicable.
(ii) 
If a structure's original style included a porch that is no longer present, the porch may be replaced to match the original style to the maximum extent practicable.
(f) 
Exterior entrance staircases.
(i) 
For principal buildings where the primary entrance is located above grade, a staircase may be constructed to reach the primary entrance.
(ii) 
If the building is of masonry construction, a masonry-type material may be used, provided that it matches the appearance and design of typical masonry stairs of the time period of the building’s construction.
(iii) 
Decorative metal railings shall be allowed if they are consistent with the historic or existing character of the surrounding area.
(g) 
Conversion of a residential structure for nonresidential use in the MU-NE District.
(i) 
No modifications to residential structures (including but not limited to altering windows, adding a storefront, or removing porches or other residential character features) shall be permitted to accommodate nonresidential uses.
(ii) 
Conversions of a residential structure to a nonresidential use shall be done so that the structure is indistinguishable from a structure containing a residential use, except for permitted signage.
(4) 
Infill construction. New development that takes place on undeveloped lots between developed lots facing the same street and each having a principal building located within 25 feet of the lot line or where more than 50% of the lots on the block face are improved with a principal structure shall be designed as follows:
(a) 
New principal buildings shall be designed to be no greater than the average setbacks, heights, and building bulk of buildings with similar principal uses on the same block face and the facing block face to the maximum extent practicable.
(b) 
Building characteristics such as roof pitches, gables, and the inclusion (or not) of porches, shutters, and other exterior elements shall conform to the buildings on the same block face and the facing block face to the maximum extent practicable, in order to preserve the character of the block face.
(c) 
New buildings shall be composed of materials that complement adjacent facades and are compatible with the quality and appearance of traditional materials.
(5) 
Building design standards.
(a) 
Building orientation.
(i) 
Buildings shall be designed and oriented with an emphasis on the primary street on which they front.
(ii) 
Buildings located on corner lots shall use design elements that emphasize the importance of both streets.
(b) 
Primary pedestrian entrance.
(i) 
Each principal building shall have one or more operating pedestrian entry doors facing and visible from an adjacent public street.
(ii) 
The primary pedestrian entrance of every principal building giving access to a principal use of the property must directly face a street or a public space, such as a central garden or courtyard space, opening directly onto the primary street.
(iii) 
The primary public entrance shall be prominently located, easily identifiable, relate to the human scale, and contribute to the overall design intent.
(iv) 
The primary public entrance shall be at grade or seamlessly integrate required handicap accessibility into the design of the building.
(v) 
The location of the primary pedestrian entrance on the building facade shall be emphasized with surrounding architectural recesses, projections, or foundation plantings.
(c) 
Wall plane articulation. When the principal use of the building is not categorized as industrial in Table 375.302.1 (Permitted Use Table), each facade longer than 100 feet in length abutting a public street shall incorporate at least one of the following for each 100 feet of linear building frontage or part thereof:
(i) 
A change of building material and texture (not just color) at least 10 feet in width; or
(ii) 
A recess into the wall plane at least six inches in depth and one foot in width; or
(iii) 
A projection at least six inches from the wall plane and extending at least one foot in width; or
(iv) 
A window extending at least 10 linear feet, inset into the building wall plane at least four inches; or
(v) 
A pedestrian entrance to the building, together with surrounding architectural recesses, projections, or foundation plantings to emphasize the visibility of the entrance, which together extend at least 10 linear feet.
Table 375.407.1
Horizontal Articulation Methods
a.
Change in material texture, patterning or color: a change in material texture, patterning or color at least 10 feet in width
b.
Wall plane recess: a wall plane recess at least 6 inches in depth and 1 foot in width
c.
Wall plane projection: a projection at least 6 inches from the wall plane and extending at least 1 foot in width
d.
Window extension: a window extending at least 10 linear feet, inset into the building wall plane at least 4 inches
e.
Pedestrian entrance: a pedestrian entrance to the building, together with surrounding architectural recesses, projections, or foundation plantings to emphasize the visibility of the entrance, which together extend at least 10 linear feet
(d) 
Facade transparency.
(i) 
All building facades that face onto a street (including secondary or side streets) or public space shall meet the minimum transparency requirements outlined below.
A. 
Minimum building facade transparency for ground story (retail): 60%.
B. 
Minimum building facade transparency for ground story (uses other than retail): 30%.
C. 
Minimum building facade transparency for upper stories: 30%.
(ii) 
Only clear glass shall be used for display windows, but colored or decorative glass may be used to provide decorative detail in transom or minor accent windows.
(iii) 
For storefronts at the sidewalk level, storefront windowsills shall be located at a maximum of 30 inches above the finished grade at the building line.
(iv) 
Plexiglas and security gates shall be prohibited on any facade that faces a public right-of-way.
(e) 
Nonresidential use frontage requirement.
(i) 
In any mixed-use zoning district except the MU-NE District, the ground floor street frontage of any primary building shall be constructed to accommodate nonresidential uses. This requires a minimum first floor height of 11 feet and an occupiable space extending at least 20 feet from the street frontage facade and at least one pedestrian entrance on that frontage.
(f) 
Ground level treatment. For buildings greater than three stories in height, the street-level facade shall be distinguished from the upper floors through architectural treatments and materials selection to create a visual base for the building and an intimate scale for pedestrians.
(g) 
Roof shape.
(i) 
Roof types shall be typical to the chosen style of building.
(ii) 
Visible roofs shall be designed to complement the composition and form of the building.
(iii) 
Shed roofs shall be concealed with parapets along the street frontage.
(iv) 
False mansard-style roofs shall be prohibited.
(h) 
Parking structures.
(i) 
A liner building should be used to mask the parking from primary and side streets.
(ii) 
Liner buildings:
A. 
Must be at least two stories in height with no less than 15 feet in depth;
B. 
May be detached or attached to the primary building;
C. 
May be used for any purpose allowed in that zoning district by Table 375.302.1 (Permitted Use Table) except for parking; and
D. 
Must meet the primary façade transparency requirements in § 375-402(1)(c)(v).
(1) 
Purpose. The purpose of this § 375-408 is to:
(a) 
Ensure that vehicle circulation areas, pedestrian circulation areas, parking areas, public gathering spaces, approaches to buildings, and other areas have adequate outdoor illumination to promote safety and walkability at night;
(b) 
Control the negative impacts associated with nuisance outdoor lighting, excessive lighting, dramatic contrasts between lit and unlit areas;
(c) 
Minimize objectionable light spillover onto adjacent properties; and
(d) 
Promote energy efficiency and high-quality lighting with excellent color rendering; and to utilize lighting to improve the nighttime aesthetics of site, landscape, and architectural design.
(2) 
Applicability.
(a) 
All exterior lighting shall comply with the standards of this § 375-408. This shall include but shall not be limited to new lighting and fixture/equipment replacement, whether attached to structures, poles, the earth, or any other location.
(b) 
Lighting for special events, emergencies, construction, or holidays shall be exempt from these decorative lighting standards, provided that the lighting is temporary and is discontinued within seven days of the completion of the project or the holiday for which the lighting was provided.
(c) 
These standards shall apply to all form-based districts unless addressed within the form-based standards, in which case the form-based standards will prevail.
(d) 
Lights such as streetlights and traffic control devices installed on a public right-of-way by a governmental agency for public safety shall be exempt from these regulations.
(3) 
Standards applicable to all development.
(a) 
General standards.
(i) 
Lighting color and fixture types shall be consistent through the site and shall complement the architecture of any structures and the landscape of the site.
(ii) 
Lighting fixtures should accomplish a dual purpose, such as architectural lighting that also provides security or landscape lighting that also lights adjacent paths, if possible.
(iii) 
Lighting sources shall have excellent color rendering, with a color rendering index (CRI) of 80 or greater. Light sources of limited spectral emission and with a low CRI, such as low-pressure sodium or mercury vapor lights, are prohibited.
(iv) 
Light trespass onto adjacent properties shall not exceed 0.1 footcandle at the lot line except where adjacent to walkways, driveways, public and private streets.
(v) 
No light source (e.g., bulb or filament) shall be directly visible from a residential zoning district, except for decorative lighting.
(vi) 
All exterior lighting fixtures shall produce at least 80 lumens per watt of energy consumed, as documented by manufacturer's specifications or the results of an independent testing laboratory.
(vii) 
All maximum and minimum lighting levels shall comply with the latest published recommendations of the Illuminating Engineering Society of North America (IESNA).
(b) 
Building lighting.
(i) 
Decorative lighting is permitted to enhance the appearance of a building and/or landscaping, provided that the lighting that does not exceed the minimum levels specified in IES recommended practices for nighttime safety, utility, security, productivity, enjoyment, and commerce and all light is cast up away from pedestrians or any adjacent residential district, and does not cause distracting reflections on any storefront window or adjacent properties.
(ii) 
Decorative lighting shall not exceed 100 watts of incandescent illuminance or the equivalent.
(iii) 
Lights shall not be mounted above the parapet or eave on a pitched roof, except for motion-activated security lighting.
(iv) 
Except in the I-2 District, no wall packs or similar lights are permitted unless the fixture cutoff angle effectively eliminates any glare above 0.1 footcandle beyond the lot lines, except where adjacent to walkways, driveways, or public and private streets.
(c) 
On-site driveways, internal circulation paths, and parking areas.
(i) 
On commercial sites, such areas shall be lit with cutoff to full cutoff type lighting fixtures. Incandescent light sources of 100 watts or less or other light sources of 60 watts or less (gaseous discharge) that are located at least 150 feet from the lot line of a residential district are exempt from the cutoff requirements.
(ii) 
Lighting fixtures installed in canopies or similar structures shall be flush-mounted or recessed above the lower edge of the canopy, and shall be equipped with flat or recessed lenses.
(iii) 
Internal sidewalks, walkways, and bicycle paths shall be lit with full cutoff to cutoff shielded lighting fixtures no more than 12 feet tall and providing consistent illumination of at least one footcandle on the walking surface.
(iv) 
Fixture height.
A. 
In the I-1 District, the maximum height of lighting fixtures for driveways and parking areas located at least 750 feet from residential districts and residential uses is 25 feet.
B. 
In the I-2 District, the maximum height of lighting fixtures for driveways and parking areas located at least 750 feet from residential districts and residential uses is 40 feet.
C. 
In all other locations, the maximum height of light fixtures for driveways and parking areas is 20 feet.
(4) 
Pedestrian-scaled lighting required.
(a) 
When a development in a mixed use zoning district includes more than one acre of land and includes nonresidential uses, pedestrian-scaled fixtures meeting the City's applicable technical construction standards shall be installed on all streets fronting the property. Intersection-scaled lighting may be used in addition to pedestrian-scaled lights where required by the City.
(b) 
A fee in lieu is available if the Commissioner of General Services determines that the lighting deemed undesirable or impracticable by the Department of General Services due to utility, slope, maintenance, location, visibility, alignment, or other factors is not required to be installed.
(c) 
Lights shall be aligned with street tree placement (generally between 2 1/2 feet and four feet from the back of the curb). Placement of fixtures shall be coordinated with the organization of sidewalks, landscaping, street trees, building entries, right-of-way access locations, and signage.
(d) 
The height of light fixtures shall be kept low (generally not taller than 15 feet) to promote a pedestrian scale to the public realm and to minimize light spill to adjoining properties. Light fixtures shall be closely spaced (generally not more than 30 feet on center) to provide appropriate levels of illumination.
(e) 
Light poles may include armature that allows for the hanging of banners or other amenities (e.g., hanging flower baskets, artwork, etc.).
(f) 
There shall be consistency of lighting fixtures within each district to create a unifying scheme of illumination that is appropriate to the scale of the street and the level of nighttime activity. Lamp styles shall not be mixed along any one block of a street.
(g) 
To increase safety, help geographic orientation, and highlight the identity of an area, the following street elements are encouraged to be lit:
(i) 
Edges. Edges of a park or plaza shall be lit to define and identify the space.
(ii) 
Architectural details. Lighting entrances, archways, cornices, columns, and so forth can call attention to the uniqueness of a building, or place. Lighting of building entrances also contributes to safety.
(iii) 
Focal points. Lighted sculptures, fountains, and towers in a neighborhood, especially those visible to pedestrians and vehicles, provide a form of wayfinding.
(1) 
General.
(a) 
Purpose. The purpose of the regulations in this § 375-409 is to promote and protect the public health, welfare and safety by regulating existing and proposed outdoor signs of all types. More specifically, these regulations are intended to:
(i) 
Protect property values;
(ii) 
Create a more attractive economic and business climate;
(iii) 
Enhance and protect the physical appearance of the community;
(iv) 
Preserve the scenic and natural beauty;
(v) 
Reduce sign or advertising distractions and obstructions that may contribute to traffic accidents;
(vi) 
Reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way; and
(vii) 
Curb the deterioration of the community's appearance and attractiveness.
(b) 
Intent. It is the intent of the City to comply with all applicable laws, statutes, regulations, and federal and state court decisions regarding the regulation of signs, and not to engage in any form of content-based regulation of sign messages prohibited by federal or state constitutions, statutes, or court decisions.
(c) 
Substitution. Noncommercial content may be substituted for other content on any sign permitted under this § 375-409 or any legally nonconforming sign under this USDO.
(d) 
Severability. If any decision, subsection, sentence, phrase or portion of this § 375-409 is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion of these regulations shall be deemed separate and distinct, and any such holding shall not affect the validity or constitutionality of the remaining portions of this § 375-409, which shall remain in full force and effect.
(2) 
Applicability.
(a) 
This § 375-409 shall apply to the erection or continuation of all signs located outside of, or located within but designed to be viewed from outside of, a structure, in all zoning districts, unless specifically exempted by this USDO.
(b) 
In addition to the provisions of this § 375-409, additional sign regulations listed in Article II (Zoning Districts) or § 375-303 (Use-specific standards), and the Manual on Uniform Traffic Control Devices (MUTCD) may apply. If there is a conflict between any sign regulation in § 375-206 (Overlay Districts) and any other sign regulation, the provisions of § 375-206 shall apply. If there is any other conflict between two or more sign regulations in this USDO, the stricter provision shall apply.
(c) 
Notwithstanding the provisions of Subsection (2)(a) and (b) above, the provisions of this § 375-409 shall not apply to any sign erected or required to be erected by any state or federal governmental agency, provided that the size, height, location, and type of sign comply with these provisions to the maximum extent practicable.
(d) 
Any sign legally erected prior to the adoption of this USDO that is no longer in compliance with the standards in this § 375-409 may be retained in use subject to the provisions of § 375-506 (Preexisting development and nonconformities).
(e) 
These standards shall apply to all form-based districts unless addressed within the form-based standards, in which case the form-based standards will prevail.
(3) 
Standards applicable to all signs.
(a) 
No sign or part of a sign shall be located on any property without the consent of the owner, holder, lessee, agent or trustee or other party controlling the use of such property.
(b) 
No sign may contain flashing, intermittent rotating or moving lights, except:
(i) 
Signs located along Central Avenue, between King Avenue and the City line;
(ii) 
Signs located within the MU-CH Zoning District, subject to the limitations in § 375-409(5)(a)(ii)A3; and
(iii) 
Those signs permitted by § 375-409(5)(a)(ii)A3.
(c) 
Internally illuminated or backlit signs (except for neon tubing) shall be prohibited unless light passes only through sign copy. Any background shall remain opaque and light transmission shall be blocked.
(d) 
No sign shall be constructed that resembles any official marker erected by the City, the State of New York or any governmental agency or that by reason of positioning, shape or color would conflict with the proper functioning of any traffic sign or signal or would impair or cause confusion of vehicular or pedestrian traffic.
(e) 
On any corner lot, no sign that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curblines where they intersect, and connecting the two points to form a sight triangle.
(f) 
No sign or sign support shall be placed upon the roof of any building.
(g) 
No signage shall contain any obscene wording or images.
(h) 
Any part of a sign extending over a public right-of-way shall require the approval of the City and shall have a minimum vertical clearance of eight feet above any sidewalk or walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface.
(i) 
Any part of a sign extending over a privately owned pedestrian traffic area shall require the approval of the owner of the property containing the pedestrian traffic area, and shall have a minimum clearance of eight feet above any sidewalk or walkway and a minimum vertical clearance of 10 feet above any vehicle driving surface.
(j) 
All signage shall be constructed of durable material and maintained in good condition and repair, shall be securely anchored and constructed to prevent lateral movement that would cause wear on supporting connections, and shall be constructed to withstand expected wind loads appropriate to design and installation.
(k) 
All building-mounted signs shall be placed and anchored to avoid or minimize damage to any historic surface or character-defining features of a building, and so that the character-defining features of the building are not obscured.
(l) 
Notwithstanding any other provision of this § 375-409, applications for signs to be located on property in the HR-O District shall be referred to the Chief Planning Official or Historic Resources Commission for review and recommendation as to appropriateness with and conformity to such areas' aesthetic, historic and/or architectural integrity.
(4) 
Signs that may be erected without a permit. The following signs may be erected and maintained on private property without a permit or fee, provided that such signs comply with all standards applicable to that type of sign.
(a) 
One nonilluminated sign or marker cut into the masonry surface of a building, not to exceed four square feet in area.
(b) 
Flags not exceeding 60 square feet in area and mounted not more than 50 feet above grade.
(c) 
Directional or warning signs for the convenience and safety of the general public not exceeding four square feet in area and mounted not more than six feet above grade.
(d) 
One nonilluminated sign attached to the front facade of any principal and accessory building, not exceeding one square foot in area and mounted not more than 10 feet above grade.
(e) 
Window signs that do not exceed 15% of the area of any individual window surface in a residential, mixed-use or special purpose zoning district and that, collectively, do not cover more than 10% of the total window area by story of the applicable structure (exclusive of any window signage or notices required under federal, state, or local law).
(f) 
Up to two temporary signs or banners. In the residential zoning districts, each sign or banner shall not exceed six square feet in area, and shall not be mounted more than six feet above grade. In mixed-use and special purpose zoning districts, each sign or banner shall not exceed 20 square feet in area, signs shall not be mounted more than 10 feet above grade, and banners shall not be mounted above the second story of the building. In all zoning districts, the temporary signs shall be limited to a period of six consecutive months in each calendar year. All temporary signs that related to a specific event or activity shall be removed within seven days of the end of the event or activity to which they relate.
(g) 
A-frame or sandwich-type sidewalk signs in front of establishments in the mixed-use districts that are no taller than three feet, that are located so as to maintain at least a four-foot clear pedestrian passage area on any sidewalk, and that are removed from the sidewalk area when the adjacent establishment is closed for business.
(h) 
Seasonal holiday decorations and lighting.
(5) 
On-premises signs that require a sign permit.
(a) 
The following types of on-premises signs may be erected, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign:
(i) 
Type, size, and locations.
Table 375.409.1
Type, Size, and Locations of Signs
Type of Sign
Standard
Residential
Districts
Mixed-Use Districts
Special Purpose Districts
Freestanding
Maximum number per street frontage
1[1]
MU-NE
MU-NC
MU-CI
MU-CU
MU-CH
MU-DT
1
1
MU-FW
MU-FC
MU-FS
MU-FM
0
Maximum size (square feet)
6[1]
MU-CU
MU-CH
MU-CI
MU-DT
64[3]
64
MU-NC
MU-NE
20
Maximum height (feet)
5
MU-CU
MU-CH
MU-CI
MU-DT
8[3]
6
MU-NC
MU-NE
5
Illumination
External only[1]
Yes[4]
Yes[4]
Wall
Maximum number per street frontage or shopfront[7]
1[1]
1[5]
1
Maximum size (square feet)
6[1] [2]
MU-CU
MU-CH
MU-CI
MU-DT
32[3] [5]
32
MU-NC
MU-NE
MU-FW
MU-FC
MU-FS
MU-FM
24
Illumination
No
Yes[4]
Yes[4]
Projecting
Maximum number per street frontage or shopfront[7]
0
1[6]
1[6]
Maximum size (square feet)
N/A
MU-CU
MU-CH
MU-CI
MU-DT
32
32
MU-NE
MU-NC
MU-FW
MU-FC
MU-FS
MU-FM
24
Illumination
N/A
Yes[4]
Yes[4]
Awning
Maximum number per street frontage or shopfront7
0
1[6]
1[6]
Maximum size of sign area (square feet)
N/A
24
24
Illumination
N/A
Yes[4]
Yes[4]
NOTES:
[1]
Limited to multi-unit dwellings and nonresidential uses.
[2]
Buildings with commercial use or shopfront may be approved for a wall sign of up to 10 square feet, provided that the proposed sign is consistent with the character of the building and neighborhood in which it is located, as determined by the Chief Planning Official.
[3]
In the MU-CH and MU-CI Districts, a freestanding directory sign of up to 100 square feet is permitted for multi-tenanted properties that have more than 200 linear feet of street frontage.
[4]
Applicable signs are subject to the provisions of §§ 375-408 and 375-409(3).
[5]
Additional signs permitted above top row of windows on buildings at least 9 stories in height may not extend across more than 50% of building facade width.
[6]
Permitted only as alternative to a wall sign.
[7]
Where more than one sign is allowed for multiple shopfronts, the sign for each shopfront shall not exceed the width of the shopfront.
(ii) 
Standards for specific types of signs. The following regulations shall apply to the specific types of signs listed below:
A. 
Freestanding signs.
1. 
Freestanding signs shall be monument, or post-and-panel signs.
2. 
No freestanding sign shall be located less than five feet from the side lot line.
3. 
In the MU-NC, MU-CU and special purpose districts, up to 20% of the permitted freestanding sign area may be electronically or manually changeable copy. In the MU-CH District, up to 50% of the permitted freestanding sign area may be electronically or manually changeable copy, provided that any electronically changeable copy:
a. 
Does not change images or symbols more than four times each minute, and each change of image takes place in less than one second; and
b. 
The maximum illumination of the electronic copy is not more than 5,000 nits from dawn to dusk or 500 nits from dusk to dawn; and
c. 
Is located perpendicular to a street fronting the property.
B. 
Wall signs.
1. 
Wall signs shall not extend beyond the ends or over the top of the wall to which the sign is attached.
2. 
Wall signs shall not project more than nine inches from the face of the building to which the sign is attached.
C. 
Projecting signs.
1. 
Projecting signs shall not have more than two faces unless located at the corner of a building on a corner lot.
2. 
The exterior edge of a projecting sign shall not extend more than five feet perpendicular from the building face or 1/3 the width of the sidewalk, whichever is less.
D. 
Awning signs. Awning sign messages shall be integrated into or painted on the awning. No sign shall project outward from an awning surface.
(6) 
Other displays on walls, structures, or sites.
(a) 
General provisions. This § 375-409(6) applies to all displays on walls or structures that are not exempt from the requirements of this § 375-409, that exceed the height, size, duration, or another physical standard in this section for an attached sign in the zoning district where the wall or structure is located.
(b) 
Special review required.
(i) 
Applications for approval of a display under this § 375-409(6) shall be reviewed by the Planning Board, unless the Planning Board has delegated such duties to the Albany Arts Commission, pursuant to the review criteria in § 375-409(6)(c).
(ii) 
A decision on the application shall be made within 60 days after the City's receipt of a complete application.
(iii) 
An approved special display expands the number, size, and duration of signs otherwise permitted on the property. Any approval of a special display shall not affect the ability of the applicant to erect or maintain any other signs on the property permitted by this § 375-409.
(c) 
Review criteria. The Planning Board may approve an application for a special display if it finds that the proposed display:
(i) 
Is a form of speech or expression protected by the First Amendment to the United States Constitution and/or the New York Constitution;
(ii) 
Will be created, constructed, erected, or displayed in a way that is visually distinct from other permitted signs on the property;
(iii) 
Serves to activate or enhance a public space or streetscape;
(iv) 
Does not exceed the dimensions of any surface upon which it is mounted;
(v) 
Will be treated to address vandalism and exposure to sun;
(vi) 
Will not require extensive or repeated maintenance, or the applicant has provided adequate assurance (including financial assurance) that maintenance and repairs will be timely performed;
(vii) 
Does not create a threat to public health or safety or to vehicular, bicycle, or pedestrian traffic safety or congestion;
(viii) 
Does not create noise, sound, light, reflection, glare, shading, flickering, vibration, or odor impacts on nearby properties; and
(ix) 
Does not impair the performance of required City functions on or around the property.
(7) 
Off-premises signs that require a permit. The following types and numbers of off-premises signs may be erected in the following locations, provided that the applicant obtains a sign permit pursuant to § 375-505(15) (Sign permit) and a building permit authorizing the erection of the sign.
(a) 
Maximum type, number and permitted locations.
(i) 
Unless otherwise limited by this USDO, off-premises monument, post-and-panel, and pole signs are permitted.
(ii) 
There shall not be constructed, relocated or otherwise erected in the City any off-premises signs or sign faces that would result in more than 95 off-premises sign faces existing in the City.
(iii) 
Off-premises signage, including billboards, is prohibited except in the following designated areas:
A. 
The area along Interstate 90 bounded by its intersection with the City line to the east and its intersection with Central Avenue to the west, not to exceed a distance of 75 feet from the state right-of-way.
B. 
The area along Interstate 787 bounded on the south by a line drawn in a generally easterly direction from its intersection with Clinton Avenue and the City line north, not to exceed a distance of 75 feet from the state right-of-way.
C. 
The area along Interstate 787 bounded by its intersection with Route 9 to Madison Avenue on the north, not to exceed a distance of 75 feet from the state right-of-way.
(iv) 
Notwithstanding the provisions of Subsection (7)(a)(ii) above, no off-premises sign visible from a public right-of-way shall be constructed at any location having principal frontage on any street within 150 feet of any property that is used for public parks, schools and churches, having its principal frontage on the same street.
(b) 
Maximum size and height.
(i) 
The maximum area for any one face of an off-premises sign shall be 700 square feet, inclusive of any border and trim but excluding the base or apron, supports and other structural members. Cutouts not exceeding 20% of the maximum areas may be added to each face of an off-premises sign.
(ii) 
The maximum height for any off-premises sign, exclusive of cutouts, shall be 60 feet. All measurements are to be taken from the grade level at which the sign is located.
(c) 
Relocation. Off-premises signage removed from the prohibited areas in accordance with the provisions of this § 375-409(7) may be relocated and reconstructed in the areas listed in Subsection (7)(a) above.
(d) 
Legally nonconforming off-premises signs.
(i) 
Off-premises signs in existence on the effective date, December 7, 1992, of this § 375-409(7) that have been legally erected and maintained, but that do not comply with the provisions this § 375-409(7), may continue to be maintained and repaired in place, so long as the size of the sign is not increased in terms of faces, length, height, or illumination levels.
(ii) 
Legally preexisting nonconforming signage that is removed for reasons other than being illegal pursuant to this § 375-409(7) may be removed and relocated in accordance with Subsection (7)(c) above, provided that the style and type of the sign is not changed.
(1) 
Operating standards.
(a) 
All structures, uses, and activities in all zoning districts shall be used or occupied to avoid creating any dangerous, injurious, noxious or otherwise objectionable conditions that would create adverse impacts on the residents, employees, or visitors on the property itself or on neighboring properties. Uses and activities that operate in violation of applicable state or federal statutes or this USDO are presumed to be a violation of this § 375-410 and shall be subject to the penalties of § 375-507 (Enforcement and penalties). Property owner responsibilities under this section shall include, but shall not be limited to, the following standards:
(i) 
Electromagnetic radiation. No use or activity shall create or operate an intentional source of electromagnetic radiation that does not comply with the then current regulations of the Federal Communications Commission regarding that type of electromagnetic radiation source.
(ii) 
Emissions. No emission of toxic gases or other forms of air pollution may be permitted that can cause any damage to human or animal health, vegetation or other properties.
(iii) 
Glare. In addition to complying with the requirements of § 375-408 (Outdoor lighting), all uses and activities shall be conducted so that direct or reflected glare, including glare from exterior lighting or high-temperature processes (such as combustion or welding), shall not be visible beyond the lot line.
(iv) 
Hazardous materials. All uses and activities shall comply with state statutes and regulations regarding the use, storage, handling, and transportation of flammable liquids, liquefied petroleum, gases, explosives, hazardous materials, hazardous waters, toxic materials and solid wastes, as those terms are defined by applicable statutes, rules, regulations, or ordinances.
(v) 
Materials and waste handling. All materials or wastes that might cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, impermeable trash containers that are screened in accordance with the requirements of this USDO. Lubrication and fuel substances shall be prevented from leaking and/or draining onto the ground or into the soil. All sewages and industrial wastes shall be treated and disposed of in compliance with all applicable state and federal government water quality standards.
(vi) 
Noise. All activities shall comply with state law regarding permissible levels of noise and shall be conducted so as to avoid the creation of any noise that would create a public nuisance interfering with the use and enjoyment of adjacent properties. Any amplified sound equipment shall be mounted so as to direct sound inward from properties, rather than outward towards property boundaries. Amplified sounds at a level higher than 65 decibels (the level of normal conversation) shall not be allowed to cross lot lines unless an approval has been issued for that purpose in connection with a special event.
(vii) 
Nuclear radiation. No use or activity shall cause radiation at any lot line in violation of any applicable United States Nuclear Regulatory Commission regulations.
(viii) 
Odors. All activities shall comply with all state regulations regarding permissible odors. No operation shall cause or allow the emission of any odorous air contaminant that is a nuisance, hazard or exceeds applicable federal or state regulations. If the Chief Planning Official determines that there is a risk of odors that may not comply with these standards, detailed plans for the prevention of odors crossing lot lines may be required before the issuance of a development or building permit.
(ix) 
Smoke. All activities shall comply with any applicable regulations concerning permissible smoke. No operation shall discharge contaminants into the atmosphere at levels that exceed threshold limits listed by the American Conference of Governmental Industrial Hygienists (ACGIH) in such quantity that the concentration of the contaminant at ground level at any point beyond the boundary of the property exceeds such threshold limits established by the ACGIH or by any state or federal law or regulation. Visible emissions of any kind at ground level past the lot line of the property on which the source of the emissions is located are prohibited.
(x) 
Vibration. No use or activity shall cause inherent or recurring generation of vibration perceptible without instruments at any point along the lot line. Temporary construction is excluded from this restriction.
(xi) 
Nuisance prohibited. All structures and land uses within the City shall be constructed, used, operated, and maintained in such a manner so as to be free of nuisances, as defined in state law.
(2) 
Hours of operation.
(a) 
In the R-1L, R-1M, R-2, R-T, R-M, and R-V Zoning Districts, no nonresidential use shall operate before 8:00 a.m. or after 10:00 p.m.
(b) 
In the MU-NE Zoning District, no nonresidential use shall operate before 6:00 a.m. or after 11:00 p.m.
(c) 
In the, MU-NC, MU-CU, MU-CI and MU-FM Zoning Districts, no use categorized as a food, beverage, and consumption use in Table 375.302.1 (Permitted Use Table) shall operate before 5:00 a.m. or after 2:00 a.m.
[Amended 11-25-2023 by Ord. No. 29.71.23]
(d) 
Cannabis dispensaries shall be subject to the hours of operation established in § 375-303(4)(f)(ii)(B).
[Added 11-25-2023 by Ord. No. 29.71.23[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection (2)(d) as Subsection (2)(e).
(e) 
Sidewalk and outdoor cafes shall be subject to the hours of operation established in § 375-303(6)(m).
(3) 
Parking area lighting.
(a) 
Parking lot lighting shall be turned off within one hour after the end of business closing and shall remain off until one hour before business opening.
(b) 
A maximum of 25% of the total luminaires used for parking lot illumination may remain in operation after the end of business closing to provide security, unless the Chief Planning Official determines that additional security lighting is needed due to the nature of the use or facility.
(4) 
Property maintenance standards.
(a) 
General. When the standards and procedures of this USDO or conditions attached to any permit, approval, or variance require that any building or site feature be constructed or installed, the property owner is responsible for maintaining those buildings or site features in good repair, and for replacing them if they are damaged or destroyed or, in the case of living materials, if they become diseased or die after installation. In addition, property owners shall be responsible for each of the additional maintenance, replacement, and operating standards set forth in this § 375-410(4).
(b) 
Landscape maintenance.
(i) 
The trees, shrubs, fences, walls, walks, and other landscaping materials shown on approved plans are approved elements of the project. The property owner and any agents authorized to maintain the property shall be responsible for the continued maintenance of those items. Plant material that exhibits evidence of insect or pest disease or damage shall be treated to remove the disease, and dead plants shall be promptly removed and replaced within the next planting season. Heavy undergrowth and accumulations of plant growth noxious or detrimental to health or safety shall be eliminated. All landscaping will be subject to period inspection by the City to ensure compliance.
(ii) 
Any trees required to be installed by this USDO that are lost to damage or disease shall be replaced by the property owner within six months. Replacement trees must meet the size, quality, and installation standards in this USDO applicable to original installation of landscaping. Shrubbery or other plantings that die shall be replaced in-kind within six months.
(iii) 
Premises shall be kept landscaped, and lawns, hedges and bushes shall be kept trimmed and free from overgrown and unsightly vegetated materials where exposed to public view.
(iv) 
On any parcel in excess of one acre in size, no clear-cutting shall be permitted without Planning Board approval, in accordance with § 375-505(3) (Major development plan review).
(c) 
Parking area maintenance. All surface parking areas and parking structures for more than five vehicles and off-street loading areas shall be screened and maintained in a clean and neat condition. Potholes, surface damage, and other hazardous conditions shall be promptly repaired, and litter and debris shall be removed on a regular basis. Within 24 hours of the end of a snowfall, the owner or operator of each parking lot shall remove snow and ice from the parking area and the sidewalks in front of such property.
(d) 
Sign maintenance.
(i) 
Any private sign that has become damaged, dilapidated, or dangerous shall immediately, or within the period mandated by the Chief Planning Official, be repaired or removed.
(ii) 
If the paint on any sign has chipped, peeled, or flaked to the extent that the sign cannot be read in whole or in part, the sign shall be repainted or removed within 30 days after notice from the City.
(iii) 
Signs that contain messages that have become obsolete because of the termination of the use or business or product advertised, or for some other reason, shall have such message removed within 60 days after becoming obsolete, unless the sign is architecturally historically significant, or is considered to be a character-defining feature of the building or district, or has been approved as a historic sign by the Historic Resources Commission.
(iv) 
All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed, and any electrical infrastructure safely capped or disconnected at a breaker panel.
(v) 
If the any sign regulated herein is found by the Chief Building Official to be obsolete, abandoned, unsafe or unsecure or is a menace to the public, they shall give written notice to the named owner of the sign and the named owner of the land upon which it is located, who shall remove or, as appropriate, repair the sign within 60 days from the date of the notice. If the sign is not removed or repaired within that time period, the Chief Building Official shall revoke the permit for such sign, if one was issued, and remove or repair the sign and shall assess all costs incurred for such service against the owner of the sign.
(e) 
Historic resources maintenance.
(i) 
No owner or person with an interest in real property designated as an individual landmark or included with a historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code and all other applicable local regulations. Examples of prohibited disrepair include, but are not limited to:
A. 
Deteriorated or crumbling exterior plasters, mortar or facades;
B. 
Deteriorated or inadequate foundation;
C. 
Defective or deteriorated flooring or floor supports or any structural floor members of insufficient size to carry imposed loads with safety;
D. 
Deteriorated walls or other vertical structural supports that split, lean, list or buckle due to defective material or deterioration;
E. 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration or are of insufficient size to carry imposed loads;
F. 
Ineffective or inadequate waterproofing of exterior walls, exterior chimneys, roofs, foundations or floors, including windows or doors, which may cause or tend to cause deterioration, decay or damage;
G. 
Defective or insufficient weather protection for roofs, foundations or exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering, which may cause or tend to cause deterioration, decay or damage;
H. 
Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety;
I. 
Any fault or defect in the building or structure which renders it not properly watertight or otherwise compromises the life and character of the building or structure.
(ii) 
Every person in charge of a structure or improvement on a designated landmark property or in a historic district shall keep in good repair:
A. 
All of the exterior portions of such structure or improvement; and
B. 
All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such structure or improvement to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair.
(iii) 
Every person in charge of a structure or improvement containing an interior landmark shall keep in good repair:
A. 
All portions of such interior landmark; and
B. 
All other portions of the structure or improvement that, if not so maintained, may cause or tend to cause the interior landmark contained in such structure or improvement to deteriorate, decay or become damaged or otherwise fall into a state of disrepair.
(iv) 
The provisions of this § 375-410(4)(e) shall be in addition to all other provisions of law requiring any such structure or improvement to be kept in good repair.
(f) 
Lighting maintenance. Burned out lamps, damaged equipment, and luminaries and lenses that have become obscured shall be replaced as soon as possible.
(g) 
Stormwater management facilities. All stormwater management facilities, including but not limited to retention, detention, or infiltration areas and facilities, shall be maintained in good condition so as to detain, retain, transmit, or allow the infiltration of water as originally designed.
(5) 
Obsolete tower structures and antennas.
(a) 
If the Chief Planning Official determines, based on the location or cost of a telecommunications tower, or the past performance of the applicant or telecommunications tower operator, that there is significant risk that the telecommunications tower may not be removed at the owner's expense after it has been not active for a period of 12 months, the Chief Planning Official may require that the applicant provide financial guaranties or a bond in an amount adequate to cover the costs of removal by the City. If such financial guaranty or bond is required and provided, and the telecommunications structure is later removed at the owner's expense, the City shall release the financial guaranty or bond.
(b) 
Any tower or disguised support structure that is not occupied by active antennas for a period of 12 months or any antenna that is not used for a period of 12 months shall be removed at the owner's expense. The Chief Planning Official is authorized to order the owner of any private property to remove any unused tower or antenna on the owner's property within a reasonable time specified by the Chief Planning Official. The order shall require the tower or antenna to be removed unless the owner, within 10 days of receipt of the order, appeals the matter to the Board of Zoning Appeals pursuant to § 375-504(12)(b) (Appeal). If the Board finds that a tower has not been occupied by active antennas for 12 months or an antenna has not been used for 12 months, it shall order the tower or antenna to be removed within a specified time.
(c) 
If the unused tower or antenna is not removed as specified in an unappealed order of the Chief Planning Official or as specified by the Board, the Chief Planning Official may cause the tower or antenna to be removed. The Chief Planning Official shall submit the actual cost of such removal to the owner of the property. If the owner does not pay the cost within 30 days of receipt, the Chief Planning Official shall certify the cost to the City who shall cause a special tax bill against the property to be prepared and collected. The tax bill shall be due and payable from the date of issuance and shall be a lien on the property from the date of issuance until paid. Tax bills issued pursuant to this section shall bear interest from the date of issuance at the rate of 9% per annum.
(6) 
Compliance with other portions of the City Code. All uses and activities shall be conducted in compliance with the requirements of applicable sections of the City Code, including, but not limited to:
(a) 
Chapter 151 (Commercial Standards) including but not limited to the provisions of §§ 151-8 (Safety and sanitation; general requirements), 151-9 (Open areas), 151-10 (Infestation), 151-11 (Garbage and refuse), 151-12 (Buildings and structures), 151-13 (Appearance; general requirements), 151-14 (Landscaping), 151-15 (Signs and billboards), 151-16 (Windows), 151-17 (Storefronts), 151-18 (Protective coating for wood surfaces), 151-19 (Awnings and marquees), and 151-20 (Vacant lots).
(b) 
Chapter 323 (Streets and Sidewalks), regarding display of wares in front of store, house or building;
(c) 
Chapter 197 (Fire Protection), regarding prohibition of outdoor fires;
(d) 
Chapter 299 (Sewers) regarding illegal depositing of waste and discharge of pollutants;
(e) 
Chapter 345 (Trees and Vegetation) regarding vegetation on public spaces and development plan review for clear-cutting; and
(f) 
Chapter 363 (Vendors) regarding the sale of items in public areas or sidewalks.