(1)
When used in this chapter as well as throughout the text, the following
words shall have these meanings.
(2)
Where definitions are divided into classifications or categories of activities or uses, each classification or category shall be considered a different activity or use requiring separate application of the provisions of this chapter. Each line on the permitted use table in § 375-302 represents a separate and distinct use.
(3)
Whenever the application of a standard or provision in this USDO
to a development application results in a fraction of a whole number,
fractions less than 0.5 shall be rounded down to the next whole number,
and fractions of 0.5 or greater shall be rounded up to the next whole
number.
(4)
Words, phrases, and terms not defined in this USDO shall have the
definitions of those words, phrases, and terms in the latest draft
of the International Building Code and/or International Residential
Code, as adopted by the State of New York, if such a definition exists.
To cease or discontinue a use or activity of a property for
other than short periods associated with vacations, seasonal closure,
remodeling or substantial maintenance.
To share a common lot line or zone lot line.
A residential unit that is located on the same lot as a single-unit
dwelling, either internal to or attached to the dwelling structure
or in a detached structure. The accessory dwelling unit is a complete
housekeeping unit with a shared or separate entrance, and separate
kitchen, sleeping area, closet space, and sanitation facilities.
A structure or use that:
Is subordinate to and serves a principal building or principal
use;
Is subordinate in area, extent and purpose to the principal
structure or principal use served;
Contributes to the comfort, convenience and/or necessity of
the principal use; and
Is located on the same lot as the principal structure or principal
use served, except as otherwise expressly authorized by provisions
stated in this USDO.
Any construction that increases the size of a building or
structure in terms of site coverage, height, or gross floor area.
Physically abutting directly or diagonally across the street.
In those cases where a boundary is drawn through a portion of a block
along the side lot lines, the properties which continue on the remainder
of the block to the next cross street will be considered "adjacent."
Also defined as sharing a zone lot line or being separated only by
an alley.
A development approval authorizing limited deviations from
certain of this USDO's dimensional or development standards as described
in 375-504(5)(e) (Staff approval of administrative adjustments).
A manual containing details on the mechanics of the development
review processes, information for potential applicants, fee schedules,
design standards, and application forms.
An establishment consisting of, including, or having the
characteristics of any or all of the following:
ADULT CABARETAn establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT MOTION PICTUREAn enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
An establishment having as a substantial or significant portion
of its stock-in-trade instruments, devices, materials or paraphernalia,
other than prophylactics, that are designed for use in connection
with specified sexual activities, books, magazines, publications,
tapes or films that are distinguished or characterized by their emphasis
on matter depicting, describing or relating to sexual activities or
anatomical genital areas.
The raising, keeping or production of fruit, vegetable, flower,
and other crops; composting; and the processing of those agricultural
products, but not including backyard gardens, abattoirs, commercial
feedlots, and stockyards. This use includes the ordinary accessory
uses and structures for preparing, treating, and storing agricultural
products, equipment and machinery, but does not include fat rendering,
meatpacking, or tanning, cutting, curing, cleaning or storing of green
hides or skins, slaughtering or meatpacking, or poultry dressing of
animals.
A public or private right-of-way, less than 20 feet in width,
generally designed to provide a secondary means of vehicular access
to abutting property and not intended for general traffic circulation.
Generally, a modification of or addition to a structure other
than normal maintenance or repairs.
For purposes of historic resource regulations, any act or process,
other than demolition or preventative maintenance, that changes the
exterior appearance of significant historical or architectural features,
or the historic context of a designated landmark, including, but not
limited to, exterior changes, additions, new construction, erection,
reconstruction, or removal of the building or structure, or grading.
Equipment for the collection of solar, wind, or geothermal
energy or its conversion to electrical energy for use on the same
property or nearby properties, or for incidental sale to a public
utility, when that equipment is accessory to a principal use of the
property.
A change to the text of this USDO, reviewed and decided by the Common Council under § 375-505(20).
A change to the official Zoning Map, reviewed and decided by the Common Council under § 375-505(20).
Any apparatus outside of a structure for sending and/or receiving
electromagnetic waves.
A person who submits an application authorized by this USDO.
A gallery that has habitable space on the second story.
An area with defined boundaries so designated by the Common
Council that possesses a significant concentration, linkage or continuity
of archaeological sites, structures or objects united historically
by past events or united aesthetically by plan or development. An
archaeological district may also comprise individual elements, separated
geographically, but linked by association or history.
Any archaeological site on, or eligible for inclusion on,
the National Register of Historic Places, or any site that contains
archaeological objects and the contextual associations of the archaeological
objects, located on land, including, but not limited to, submerged
and submersible lands, and the bed of any river, creek, or streamlet
within the City's jurisdiction. Examples of archaeological sites include,
but are not limited to: lithic quarries, camps, burial sites, lithic
scatters, fortifications, house sites, and road beds.
A feature contributing to the general arrangement of the
exterior of a structure, including but not limited to, the surface
texture, building materials, roof shape, eaves, awnings, arcades,
pilasters, cornices, wall offsets, and other building articulations.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
Income limits established by HUD based on household size
and the percentage of the area's income defined as "extremely low
income" (30% of area median income), "very low income" (50% of area
median income), and "low-income" (80% of area median income).
An area in which the natural vegetative soil cover has been
removed or altered and, therefore, is susceptible to erosion.
Emphasis given to architectural elements on a building (windows,
balconies, and entries) that create a variety of patterns or rhythms,
dividing a large structure into smaller, identifiable pieces.
Application, teaching, making, or fabrication of crafts or
products by an artist, artisan or craftsperson, either by hand or
with minimal automation, and may include direct sales to consumers
from the same location. This definition includes uses such as small-scale
fabrication, manufacturing, and other industrial uses and processes
typically not permitted in nonindustrial zoning districts such as
welding and sculpting, as well as small volume production of craft
alcohol as defined by the State of New York, as amended from time
to time with a production cap of 100,000 gallons.
A residential establishment or institution other than a hospital
that provides living accommodations and medical services primarily
to individuals who, due to illness or disability, require assistance
with medical care or daily living functions. Services like transportation,
housekeeping, dietary supervision, and recreational activities may
also be offered. This use also includes any establishment licensed
by the State of New York that provides twenty-four-hour skilled nursing
or rehabilitation services to elderly residents and those with a disability
or handicap as defined by the Federal Fair Housing Act.
That portion of a building between the ceiling of the top
full story and the roof and not used for living purposes.
A place where the property of others, such as objects of
art, furniture, and other goods (except livestock), are offered by
a broker or auctioneer for sale to persons who bid on the items in
competition with each other at scheduled sales periods or events.
See also "retail, general."
A hall or seating area, generally enclosed, where an audience
views a musical or theatrical performance, concert, or other entertainment
event. See also "stadium or arena."
Any building or premises, or portion of a building or premises,
devoted to the business of washing automobiles, whether by automated
or manual means.
A cloth or vinyl roof-like cover extending over or in front
of a place as a shelter.
An open habitable portion of an upper story extending beyond
a building's exterior wall that is not supported from below by vertical
columns or piers but is instead supported by either a cantilever or
brackets.
A building or part of a building in which the principal function
is hosting special occasion events, parties, banquets, receptions,
and that serves food and drink prepared elsewhere to groups of people
on the premises, but that does not meet the definition of a bar or
tavern or a cannabis consumption site. This use may have facilities
for refrigeration or heating of food, but generally does not have
facilities to prepare the food it serves on the premises. See also
"restaurant."
[Amended 11-25-2023 by Ord. No. 29.71.23]
An establishment where alcoholic beverages are sold to be
consumed on the premises, and where any sale of food is secondary
to the sale of alcoholic beverages. This definition includes but is
not limited to a bar, grill, saloon, pub, public house, beer garden,
brewpub, or similar establishment, but does not include a banquet
facility.
Any location providing barbering services that requires a
license pursuant to New York State General Business Law Article 28,
including, but not limited to, shaving, trimming or cutting of hair,
shampooing, facial massages, application of cosmetic preparations,
powders, oils or lotions to the scalp, face or neck. See also “
beauty salon or spa."
A window structure that projects from the wall of a building.
Any location providing appearance enhancement services that
require a license pursuant to New York State General Business Law
Article 27, including, but not limited to, natural hair styling, braiding,
hair weaving, hair dying or curling, cosmetology, shaving, waxing,
esthetics, or nail specialty services.
A residential lodging facility typically occupying a structure
initially constructed as a single-unit or two-unit dwelling offering
bedrooms without a kitchen, but may include kitchen privileges, and
housing transient guests for periods not to exceed 14 consecutive
days, serving breakfast.
A tract of land within a subdivision bounded by streets,
streams, railroads, the exterior boundaries of the subdivision, or
any combination thereof.
A facility used for the extraction of blood, blood plasma,
or blood components from human beings for commercial for-profit purpose
and that is not an accessory to a medical clinic or hospital.
A nonvegetated roof design that is intended to detain rainfall
or snowmelt, typically to manage stormwater or store and reuse water.
See also "green roof."
A sloping platform, ramp, walkway, or driveway for launching
small pleasure craft or fishing boats into the water.
Whenever this term is used, it shall refer to any landscaping,
screening, buffering, fencing or other barrier as required by this
USDO.
Any structure having a roof supported by columns or walls,
either wholly or partially enclosed within exterior walls or within
exterior or party walls, intended to be used for the shelter or enclosure
of persons, animals or property.
The current New York State Uniform Fire Prevention and Building
Code.
The maximum three-dimensional space on a lot within which
a structure can be built, as permitted by applicable height, setback
and yard controls.
The outline of the total horizontal area that is covered
by a building's perimeter at the ground level.
The three-dimensional bulk of a building: height, width,
and depth.
The physical characteristics that create the aesthetic and
structural appearance of the building, including, but not limited
to, the texture and style of the components and their combinations,
such as glass, brick, stone, steel, metal, concrete or stucco.
An official document or certification that is issued by the
Chief Building Official pursuant to the Building Code and authorizes
the construction, alteration, enlargement, conversion, reconstruction,
remodeling, rehabilitation, erection, demolition, moving, or repair
of a building or structure as being in compliance with Building Code
standards.
A building that abuts two side lot lines or is one of a row
of abutting buildings.
A freestanding building that does not abut any other building
and where all sides of the building are surrounded by yards or open
areas within the lot.
A building that abuts or shares a wall, on a side lot line,
with another building on an adjoining lot and where the remaining
sides of the building are surrounded by open areas or street lines.
A solar energy system that consists of integrating photovoltaic
modules into the building envelope, such as the roof or the facade.
The setback from a front lot line that the building's façade
shall be built to.
A range of allowable distances from a lot line that the building's
principal façade shall be built to in order to create a moderately
uniform line of buildings along the street.
Any room, place or space in the City in which any musical
entertainment, singing, dancing or other form of entertainment is
permitted in connection with a catering establishment, tavern or restaurant
business or an establishment directly or indirectly selling to the
public food or drink, except eating or drinking places that provide
incidental musical entertainment performed by fewer than three people
with no amplification, or through a central audio system, including
the use of a jukebox. Cabaret shall also include:
A membership corporation, club, association or society that
permits musical entertainment, singing, dancing or other form of entertainment
in premises wherein food or drink is directly or indirectly sold to
its members, or their guests, or to the public;
A premises owned or occupied by a religious or educational institution
that permits musical entertainment, singing, dancing or other forms
of entertainment in said premises that do not coincide with a religious
or educational service or do not arise directly from the eleemosynary
purposes of such institution; or
A ship, boat or barge moored or tied to a dock, pier or shore
and that contains a cabaret in use while so moored or tied.
An establishment that is registered or licensed by the State
of New York Office of Cannabis Management where cannabis products
are sold to be consumed on the premises.
[Added 11-25-2023 by Ord. No. 29.71.23]
A business that is registered or licensed by the State of
New York Office of Cannabis Management that sells or otherwise distributes
cannabis for consumption off-premises.
[Added 11-25-2023 by Ord. No. 29.71.23]
A permanent, roof-like shelter that extends from part or
all of a building face and is constructed of nonrigid material, except
for the supporting framework.
The protective top layer of a masonry structure exposed to
weather from above, such as a wall, parapet, or chimney.
A floor area of a building where the finished grade of the
floor is four feet or greater below the average grade along the front
of a building. It shall not be considered a story, whether occupied
or not.
An area of land and related facilities used for the interment
of the dead. This definition includes columbaria and mausoleums.
A certificate issued to permit construction, alteration,
or modification or other actions to or near a landmark structure or
a structure in a historic district.
A document issued by the Chief Building Official pursuant
to the Building Code that allows the occupancy and use of building(s)
and structure(s) and certifying that said building(s) and structure(s)
and use(s) have been constructed and will be used in compliance with
all applicable municipal codes.
A fence composed of wire mesh, typically forming woven diamonds
approximately two inches in width.
A change in the use of a structure or premises from one land
use to another land use, as set forth in Table 375.302.1 (Permitted
Use Table).
This term is defined by form, proportion, structure, plan,
style or material. General character refers to ideas of design and
construction such as basic plan or form. Specific character refers
to precise ways of combining particular kinds of materials.
The person so designated by the Mayor, which is generally
the Commissioner of Buildings and Regulatory Compliance, or, in the
absence of such Commissioner, the Director of the Department of Buildings
and Regulatory Compliance.
The person so designated by the Mayor, which is generally
the Commissioner of Planning and Development, or, in the absence of
such Commissioner, the Director of Planning and Development.
A vertical structure attached to a building that contains
a flue for drawing off smoke from a furnace, water heater, or fireplace.
The City of Albany, New York.
The cutting or removal of trees or other vegetation where
more than 50% of the existing trees or vegetation per acre is removed
over any five-year cutting cycle.
A facility operated by a corporation, association or group
of people for the social, educational or recreational intent of the
dues-paying members and their guests, but not primarily for profit
nor to render a service that customarily is carried on as a business.
This definition includes lodges as defined herein.
A planned development in which lots are plotted that have
less than the minimum lot size and setback requirements but that have
access to common open space that is part of the overall development
plan approved by the Planning Board. However, not more than the maximum
density of dwelling units permitted by this chapter shall be allowed.
A sewer designed to receive and transport both surface runoff
and sewage.
The elected legislative governing body of the City of Albany.
A not-for-profit or publicly owned facility providing recreational
programs and meeting rooms that are open to the public and designed
to accommodate and serve significant segments of the community.
Any building, structure, home, facility or place operated
by person(s) other than the residents themselves, in which persons
reside for a period of more than 24 hours, and that is used or intended
to be used for the purpose of letting rooms, providing meals and/or
providing personal assistance, personal services, personal care and
protective care to persons meeting the definition of a person with
a handicap or another person protected against housing discrimination
under the Federal Fair Housing Act and court decisions interpreting
that Act. For purposes of this definition, the term "person with a
handicap" does not include persons currently using or addicted to
alcohol or controlled substances who are not in a recognized recovery
program, nor shall it include halfway houses for individuals in the
criminal justice system, or residential facilities to divert persons
from the criminal justice system.
The process of accelerated biodegradation and stabilization
of organic material under controlled conditions to yield a product
that can safely be used to enrich soil nutrients.
That Comprehensive Plan for the City of Albany, approved
by the Common Council, as amended or replaced by action of the Common
Council from time to time.
A use requiring a conditional use permit to operate within
specified zones.
An authorization of a particular land use which is permitted in a zoning ordinance or local law, subject to requirements imposed by such zoning ordinance or local law to assure that the proposed use is in harmony with such zoning ordinance or local law and will not adversely affect the neighborhood if such requirements are met. See New York State General City Law § 27-b and § 375-505(6) of this USDO.
Any lawful use of a building, structure, or parcel of land
that complies with the provisions of this USDO.
For the purposes of this USDO, a building, structure, site,
feature, or object within a locally designated historic district that
contributes to the historic character of the district, was built during
the district’s period of significance, and retains its appearance
from that time.
Building a new principal or accessory structure, an addition
to an existing structure or building, or any ground disturbance associated
with conducting or preparing for those activities, including installation
of utilities and/or construction of parking facilities.
Relating to buildings and development in the nearby or surrounding
area or block face. Several development standards in this USDO vary
to allow new development, buildings and additions and modifications
to buildings to be similar to the height, size, width, setback, and
location of development and buildings in the nearby or surrounding
area.
A lot or portion of a lot or parcel used to store and maintain
construction equipment and other materials and facilities customarily
required in the building trade by a construction contractor. This
definition includes architects', engineers', and surveyors' construction
offices and shops, real estate sign placement service, and showroom
and shops for the display and sale of electrical, plumbing, heating,
air conditioning, sheet metal and other material in connection with
contracting services. See also "heavy commercial services."
A business that is registered to operate in the State of
New York that sells or otherwise distributes drugs, goods, or materials
that are listed as controlled substances under the Federal Controlled
Substances Act or the New York State Public Health Law[1] to persons, and under conditions, authorized by the State
of New York. This use includes a methadone dispensary, but shall not
include a cannabis dispensary.
[Amended 11-25-2023 by Ord. No. 29.71.23]
A change of a building or property’s use to another
use or a change in the building to accommodate a change in use.
A platted lot with frontage on two public or approved private
street rights-of-way that intersect at a corner point of that lot.
A horizontal member, structural or nonstructural, of any
building, projecting outward from the exterior walls at the roofline,
including eaves and other roof overhang.
The Legal Department of the City of Albany.
A facility or portion of a building in which the remains
of deceased human beings or animals are processed by cremation.
A local street which is a single continuous stretch of road
one end of which is closed and terminated by a circular turnaround.
An establishment used for the purposes of preserving, exhibiting,
demonstrating or interpreting art, history, culture or nature or scientific
objects or ideas. Cultural facilities shall be interpreted to include,
but not be limited to, museums, libraries, zoos, art galleries, aquariums,
planetariums, botanical gardens and nature centers.
That study defined by the Standards for Cultural Resource
Investigations and Curation of Archaeological Collections in New York
State promulgated by the New York State Archaeological Council.
A use of land or use of a structure, together with that structure,
that is incidental and subordinate to a principal use of land or an
approved conditional use of land on the same lot, and that is customarily
or frequently found in connection with that principal or accessory
use, as determined by the Chief Planning Official, that is not listed
separately in Table 375.302.1 (Permitted Use Table).
A facility providing supervised care, preschool, and/or activities
other than in an occupied dwelling to three or more individuals for
more than three hours a day. Any facility providing day care for three
or more children must be licensed by the New York State Office of
Children and Family Services.
A program providing day care to no more than the maximum
number of individuals allowed under the New York State Social Services
Law in an occupied dwelling. The day-care provider is not required
to reside in the house, as long as someone occupies it as a dwelling.
Any day-care program to which this definition does not apply in every
respect shall be considered a day-care center. Any facility providing
day care for three or more children must be licensed by or registered
with the New York State Office of Children and Family Services.
Any business supplying delivery service via company or employee
vehicles.
Any intentional defacement, destruction, and/or other action
that would cause partial or total destruction of the physical elements
of a structure.
The maximum number of people that the Fire Code will allow
to occupy a structure.
A lot or parcel of land that has the required minimum area,
width and depth as established by the zoning district in which it
is located.
Any person, entity, or governmental agency, undertaking development.
The construction, redevelopment, structural alteration, relocation,
or enlargement of any structure, any mining, excavation, landfill
or land disturbance, or any alteration or extension of the use of
land.
A graphic representation which depicts the nature and character
of the development proposed for a specific land area. Information
such as topography, location and size of proposed structures, location
of streets, trails, utilities, and storm drainage are generally included
on a development plan. A development plan is referred to as a "site
plan" in the New York State General City Law.
The lot area, lot width, setbacks, build-to lines, building
standards, and impervious coverage standards applicable to a development,
area, or zoning district.
A building or a portion of a building from which vehicles
are dispatched to perform services, including, but not limited to,
couriers, deliveries, security services, locksmiths, caterers, and
taxis.
A portion of the City of Albany within which certain regulations
and requirements apply under the provisions of this chapter.
Any activity that changes the physical condition of land
forms, vegetation and hydrology, creates bare soil or otherwise may
cause erosion or sedimentation.
A publicly or privately owned and operated building devoted
exclusively to living facilities and associated programming, in which
each person residing in each unit shall be a duly registered student
in any accredited school, college, or university, the spouse of such
student, or a management employee, or an employee or trainee of a
medical or technical institution.
A use that, by design of facilities or procedures, encourages
or permits customers to receive service or obtain products while remaining
in their vehicles, and/or a portion of an establishment or service
that allows a customer to receive a product or service without leaving
their vehicle.
A vehicular accessway providing ingress and egress to a use
or development from a public street, private street, or vehicular
use area associated with another use.
A detached or attached building designated for residential
occupancy and containing one or more primary dwelling units
DWELLING, SINGLE-UNIT DETACHEDA detached building, designated for or occupied exclusively by one household and containing not more than one dwelling unit.
DWELLING, TWO-UNIT DETACHEDA detached or semidetached building with not more than two dwelling units that are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway or cellar. Side-by-side or duplex dwellings are considered "two-unit dwellings" regardless of individual ownership of either half of its structure, provided that they are on the same zoned lot of record.
DWELLING, THREE-UNIT DETACHEDA detached or semidetached building with not more than three dwelling units that are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway or cellar.
DWELLING, TOWNHOUSEA dwelling structure containing three or fewer dwelling units, constructed side-by-side with another dwelling structure, and either 1) connected by vertical walls that extend from grade level or below to the top of the structure, or 2) separated from a similar structure on an adjacent lot by no more than four feet between the two dwelling structure's sidewalls, each of which has entrances to its dwelling unit(s) from outside on the ground or first story, whether located on a single lot or on individual lots.
DWELLING, MULTI-UNITA building containing three or more dwelling units located side to side, or above and below, and accessed by common hallways or walkways, that does not meet the definition of a "dwelling, townhouse."
One or more rooms, including a kitchen or kitchenette, and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one household for living and sleeping purposes.
A residential dwelling unit that includes a dedicated work
space that is accessible from the living area or from the outside,
reserved for and regularly used by one or more residents of the dwelling
unit, and in which the type or size of the work performed is larger
or more extensive than that permitted as a home occupation.
The right of a person, government agency, or public utility
company to use public or private land owned by another for a specific
purpose.
The projecting lower edges of a roof that overhangs the wall
of a building.
A facility or area at which electric powered or hybrid powered
motor vehicles can obtain electrical current to recharge batteries.
The extension or placement of any structure, or a component
of such, into a required setback or right-of-way.
The expansion of a building, structure or use in volume,
size, area, height, length, width, depth, capacity, ground coverage,
or in number.
Any act by which earth, sand, rock or any other similar material
is cut into, dug, quarried, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
Geologic or geophysical activities related to the search
for natural gas or other subsurface hydrocarbons, including prospecting,
geophysical and geologic seismic surveying and sampling techniques,
that include but are not limited to core or rotary drilling or making
an excavation in the search and evaluation of natural gas deposits.
A horizontal line, expressed by a material change or by a
continuous projection not less than two inches nor more than one foot
deep.
A wall or other structure which is connected to and extended
from a building.
The architectural style, design, general arrangement and
components of the outer surfaces of an improvement, as distinguished
from the interior surfaces enclosed by said outer surfaces, including
but not limited to the kind or texture of building materials and the
type and style of windows, doors, lights, signs, sidewalks, landscaping
and other such exterior fixtures.
Any contrivance, apparatus or part thereof, including a boiler,
fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke
pipe, exhaust conduit and like devices used for the burning of combustible
fuels for the creation of heat or energy from an exterior location
into an interior location.
Any wall that defines the exterior boundaries of a building
or structure.
The exterior wall of a building not including stoops, porches,
or other attached architectural features.
An area, which may or may not be in a completely enclosed
building, where, on designated days and times, groups of individual
sellers, such as growers of horticultural and agricultural products,
artisans of craft products, and food and beverage providers, offer
these items for sale, directly to the public, from on-site booths.
An artificially constructed barrier of wood, masonry, stone,
wire, metal, or other manufactured material or combination of materials
erected to enclose, screen, or separate areas of land.
The openings in a structure, including windows and doors,
but not including loading berths and entries for parking. Fenestration
includes frames, mullions, muntins, vents, and other elements integral
to a window or door unit.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated, and shall
include the conditions resulting therefrom.
The assembly that holds the lamp (bulb) in a lighting system.
It includes elements designed to give light output control, such as
a reflector (mirror) or refractor (lens), the ballast, housing, and
the attachment parts.
The sum of the gross horizontal areas of all floors of a
building or structure expressed in square feet and measured from the
exterior faces of exterior walls, or in the case of a common wall
separating two buildings, from the center line of such common wall.
It does not include cellars, unenclosed porches, or attics not used
for human occupancy, or floor space intended and designed for the
parking of vehicles. It shall include the horizontal area at each
floor level devoted to stairwells and elevator shafts.
An area or building where trucks load and unload cargo and
freight that may be broken down or aggregated into smaller or larger
loads for transfer to other vehicles or modes of transportation. The
terminal facility may include storage areas for trucks and buildings
or areas for the repair of trucks associated with the terminal.
The limiting front lot line on a street, or on a corner lot
in which case frontage is along more than a single street.
Frontage build-out is the percentage of the width of a lot
along a street that is required to be occupied by its building's facade.
Up to 50% of the width of the facade may be counted as meeting the
frontage percentage requirement even though it may be set back up
to 10 feet farther from the lot line than the wall plane. The location
of the wall plane is not changed by facade extensions such as bay
windows, awnings, porches, balconies, stoops, colonnades, or arcades,
or by upper stories that are closer to or farther from the lot line.
Building elements that are located in the area between the
primary facade and the lot line. Frontage elements create the transition
between the public building and the private or commercial buildings.
Frontage elements establish the physical and functional relationship
between the street and the private lot.
A building or portion of a building devoted to or used for
the care and preparation of a body of a deceased person for disposition
and for mourning or funeral ceremonial purposes.
A frontage element typically used in retail applications
where the facade is aligned close to the frontage line with an attached
cantilevered shed or a lightweight colonnade overlapping the sidewalk,
with no enclosed habitable space above.
A garage, porch, lawn or estate sale herein is defined as
the sale(s) of new and/or used goods open to the public either by
announcement, invitation or roadside advertisement. See also "temporary/seasonal
sales."
The General City Law of the State of New York.
A sensation of brightness within the visual field that causes
annoyance, discomfort, or loss in visual performance and/or visibility.
Natural surface of the ground, or surface of the ground after
completion of any change in contour, abutting building or premises.
Altering surfaces to specified elevations, dimensions, and/or
slopes; includes stripping, cutting, filling, stockpiling and shaping
or any combination thereof. An excavation or fill or any combination
thereof and shall include the conditions resulting from any excavation
or fill.
An open space consisting of lawn and informally arranged
trees and shrubs, typically furnished with paths, benches, and open
shelters. Greens are spatially defined by abutting streets.
A vegetated roof design that is explicitly designed to absorb
rainfall or snowmelt, typically to manage stormwater, mitigate the
heat island effect, provide habitat for urban wildlife, or offer leisure
and recreational space for building occupants.
Directly installed in the ground and not attached or affixed
to an existing structure.
A place of residence in which a group of persons who do not
meet the definition of a family live together in rooms or areas that
do not constitute individual dwelling units, and that does not meet
the definition of a hotel, rooming house, dormitory, or community
residential facility. This use includes but is not limited to fraternity
and sorority houses, homeless shelters, domestic violence shelters,
and halfway houses.
Building space whose use involves human presence. Habitable
space excludes parking garages and display windows separated from
retail activity.
Any substance so defined and in quantities so proscribed
by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901
et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) or Article 27 of the Environmental Conservation Law or any
rule or regulation promulgated under any of those laws. This term
also includes any nuclear or radioactive waste as defined by either
federal or state law, rule or regulation.
The horizontal member (or assembly of members) visibly spanning
the top of an opening (often referred to as a "lintel").
An establishment that provides semi-industrial, more intrusive
types of commercial services, larger in scale or with more intensive
impacts than common household commercial services, including but not
limited to laundry services, lumberyards, sign painting shops, tree
and landscaping services, and contractor shop and yard.
Large vehicles used in construction, farming or for industrial
purposes, e.g., tractors, bulldozers, cherry pickers, steamrollers,
farm equipment, etc.
The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of other properties in terms of noise, smoke, fumes, odors, glare, or health or safety hazards. Examples include, but are not limited to: scrap metal processing facilities, battery, chemicals, machinery, plastics manufacture, and mining not otherwise prohibited in the City. Prohibited uses include but are not limited to, the reprocessing of used petroleum products for transshipment, natural gas exploration, and the storage, disposal, or treatment of natural gas exploration and production wastes. See also § 375-301(5) (Prohibited uses).
Sales of any motor vehicles with a gross vehicle weight rating
exceeding 14,000 pounds, and sales of mechanical or electrical equipment
stored or displayed outside, and/or the general repair, rebuilding,
or reconditioning of engines, motor vehicles, power equipment, or
trailers, such as collision services, body repair and frame straightening,
painting and upholstering, vehicle steam cleaning and undercoating.
The vertical distance from the established grade at the center
of the front of the building to the highest point of the roof surface
if a flat roof, to the deck line for mansard roofs, and to the mean
height level between eaves and ridge for gabled, hip, and gambrel
roofs.
The height of a sign measured from the grade of the nearest
abutting street at the point where that street is closest to the sign.
An institution, other than a trade school, that provides
full-time or part-time education beyond high school, including but
not limited to colleges and universities. Accessory or related facilities
can include but are not limited to sports fields, dormitories, eating
facilities, health facilities for students and staff, offices for
administration and campus activities, recordkeeping facilities, and
storage and maintenance facilities for equipment, furniture, supplies,
vehicles or equipment owned, leased, or providing services to the
institution.
An area with defined boundaries so designated by the Common
Council that possesses a significant concentration, linkage or continuity
of sites, buildings, structures or objects united historically by
past events or united aesthetically by plan or development. A historic
district may also comprise individual elements, separated geographically,
but linked by association or history.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs that have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved state program as determined by the
Secretary of the Interior, or directly by the Secretary of the Interior
in states without approved programs.
A contributing structure is one which is typically older
than 50 years and adds to the historic or architectural value of the
district.
A business, profession, occupation or trade conducted by
the occupant of a dwelling unit or accessory structure and that is
incidental and secondary to the use of the dwelling unit.
An establishment that provides diagnosis and treatment, both
surgical and nonsurgical, for patients who have any of a variety of
medical conditions through an organized medical staff and permanent
facilities that include inpatient beds, medical services, and continuous
licensed professional nursing services. This definition includes any
facility licensed by the state as a general, limited, or special hospital.
Accessory uses can include helipads licensed by the State of New York.
A place of transient lodging for travelers that provides
dormitory-style sleeping accommodations and common communal areas,
including a kitchen for use by guests.
A building or adjacent buildings designed for occupancy as
a temporary residence of individuals who are lodged with or without
meals and in which no provision is made for cooking in any individual
room or suite, including hostels. This use includes related services
and ancillary facilities such as restaurants, conference rooms, and
the sale of convenience goods.
Shall mean:
One, two, or three persons occupying a dwelling unit (related
or unrelated); or
Four or more related persons occupying a dwelling unit as a
household or the functional equivalent.
Four or more persons occupying a dwelling unit whose right to
live together is protected by the Federal Fair Housing Act, as amended
and interpreted by the courts.
It shall be presumptive evidence that four or more unrelated
persons living in a single dwelling unit do not constitute the functional
equivalent of a traditional "household."
In determining whether individuals are living together as the
functional equivalent of a household, the Chief Planning Official,
or their designee, shall consider factors reasonably related to whether
or not the group is the functional equivalent of a household.
The total area of any lot or parcel occupied by all of the
following:
The footprint of the principal building (but excluding the surface
area of any green roof);
The footprints of all accessory buildings, parking garages,
carports, utility and storage sheds (but excluding the surface area
of any green roof);
All areas or areas otherwise covered with materials impervious
to water, including parking areas and driveways (but not including
parking areas and driveways with pervious or semipervious paving materials);
and
All areas occupied by aboveground swimming pools (but not in-ground
pools).
Any constructed hard surface that either prevents or impedes
the entry of water into the soil. Examples include but are not limited
to building roofs, sidewalks, driveways, and other paved surfaces.
A building, structure, pavement, parking facility, fence,
gate, wall, sign, awning, work of art or object constructed or erected
by humans or equipment operated by humans.
A facility for indoor participation or observation of sports,
games, fitness, arts, or culture activities that do not meet the definition
for another use in this chapter. This use includes but is not limited
to billiard parlors, game rooms, skating rinks, bowling alleys, gymnasiums
not accessory to an education institution, racket clubs, sports arenas,
and similar uses. Indoor recreation or entertainment can also refer
to a building, room or area designed or used primarily for the presentation
to the general public of live theater, dance performance, music, or
cinema. This use does not include an indoor stadium or arena.
New development that takes place on undeveloped lots within
areas containing existing structures.
The process of percolating stormwater into the subsoil.
A landmark noted for the portions of its interior that are
open to the public.
A lot other than a corner lot with frontage on only one street.
The process of changing the interior of a building or structure,
including but not limited to changes in tenant finish, relocation
of non-load-bearing walls. Internal renovations may include the replacement
of existing windows and doors that have an incidental impact on the
external appearance of the building.
A facility where research and development is conducted in
industries, including, but are not limited to, biotechnology, pharmaceuticals,
medical instrumentation or supplies, communication and information
technology, electronics and instrumentation, and computer hardware
and software. A research/laboratory facility does not involve the
manufacture, fabrication, processing, or sale of products, with the
exception of prototype development.
The earth, water, and air, above, below, or on the surface,
and including any improvements or structures customarily regarded
as land.
Any site, location, tract of land, area, building or premises
authorized by the City to be used for the disposal of refuse or demolition
debris. Accessory uses include but are not limited to landfill gas
recovery systems or facilities.
All or any part of an object or structure or property designated
as a landmark structure or site pursuant to this USDO.
Any combination of vegetation, such as trees, shrubs, ground
cover, thickets or grasses, that are planted, preserved, transplanted,
maintained and groomed to develop, articulate and enhance the aesthetic
quality of the area as well as provide erosion, drainage and wind
control.
A green building certification program created by the United
States Green Building Council that recognizes best-in-class building
strategies and practices.
The assembly, fabrication, or processing of goods and materials
using processes that ordinarily do not create noise, smoke, fumes,
odors, glare, or health or safety hazards discernible outside of the
building or lot where such assembly, fabrication, or processing takes
place, and that do not require frequent rail or truck traffic to deliver
goods or remove materials or waste, and where such processes are housed
entirely within a building. This shall not include a blood plasma
center.
The sale, display, lease, rental, or storage of motor vehicles
with a gross vehicle weight rating of less than 14,000 pounds, including
automobiles, vans, light trucks, light trailers, boats, and recreational
vehicles minor vehicle repair and maintenance activities, such as
engine tune-ups, oil change and lubrication, brake and muffler repair,
tire rotation, glass replacement, and other limited repairs customarily
done in service stations, but not including vehicle bodywork or painting,
or major engine or transmission repairs. This use shall not include
salvage operations, scrap operations, vehicle impound yards, or commercial
parking lots available for short-term use.
Minor vehicle repair and maintenance activities, such as
engine tune-ups, oil change and lubrication, brake and muffler repair,
tire rotation, glass replacement, and other limited repairs customarily
done in service stations, but not including vehicle bodywork or painting,
or major engine or transmission repairs. This use shall not include
salvage operations, scrap operations, vehicle impound yards, or commercial
parking lots available for short-term use.
A building specifically designed to mask a parking lot or
a parking garage from a street or open space.
An enclosed structure containing no more than six cubic feet
of space and designed to contain books or food items, with an opening
front surface to allow individuals to place books and food items into
the structure or to remove them from the structure, located so that
the bottom surface of the enclosed structure is between two and three
feet above grade.
A structure used for meetings and activities by social, service
or community organization. Examples are Elks, VFW, Kiwanis, Junior
League, Masonic Lodge, Rotary and University Club.
The amount of horizontal land area contained inside the lot
lines of a lot or site.
The average horizontal distance between the front and rear
lot lines or on a corner lot, the average horizontal distance between
the primary street facing frontage and the side lot line opposite
that frontage.
A line bounding a lot that divides one lot from another lot
or from a street or any other public or private space.
LOT LINE, FRONTThat boundary of a lot measured along the edge of the right-of-way of a dedicated street, private street or road easement that abuts that line. In the case of a corner lot, all lines that meet this description are front lot lines.
LOT LINE, REARThat boundary of a lot that is most parallel to the front lot line and does not intersect the front lot line. In the case of a triangular lot, the rear lot line is a line 20 feet in length within the lot parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDEThat boundary of a lot that is neither a front nor rear lot line.
A lot whose existence, location, and dimensions have been
legally recorded in a deed or on a plat in the office of the Albany
County Recorder of Deeds.
A designated parcel or lot of record established by a plat
or as otherwise permitted by law, to be used or developed.
The average horizontal distance between side lot lines, or
on a corner lot, the average horizontal distance between the secondary
street facing frontage and the side lot line opposite that frontage.
A transportable, factory-built structure that is designed
to be used as a single dwelling unit, that was manufactured after
1976 or otherwise complies with the construction standards in the
Federal Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. § 5401).[2]
A small boat harbor or boat basin providing dockage, supplies
and services for small pleasure craft.
No feasible or practical alternative exists, as determined
by the Chief Planning Official, and all possible efforts to comply
with the standards or regulation or minimize potential harmful or
adverse impacts have been undertaken by the applicant. Economic considerations
may be taken into account but shall not be the overriding factor determining
maximum extent practicable.
A facility for physicians, dentists, chiropractors, physical
therapists, or other licensed health care practitioners to examine
and treat persons on an outpatient basis.
A business that is registered to operate in the State of
New York that sells or otherwise distributed methadone as part of
a methadone maintenance treatment program to persons and under conditions
that comply with state law.
Removal or extraction of mineral, sand, gravel, or aggregate resources from the ground for off-site use, including but not limited to those activities regulated by Chapter 211, Article III (Mining Operations) of the City Code. Examples include quarrying or dredging for sand, gravel or other aggregate materials; and mineral extraction.
An accessory structure commonly associated with a residential
use and not listed separately in Table 375.401.4 (Exceptions and Encroachments).
The incorporation of more than one principal land use type
within a single structure (i.e., a building with retail uses on the
ground story, and offices or residential on the upper stories), or
a similar set of uses organized in close proximity and planned as
a unified complementary whole on a single site (horizontal mixed use).
A transportable, factory-built structure that is designed
to be used as a single dwelling unit that was manufactured before
1976 or otherwise does not comply with the construction standards
in the Federal Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C. § 5401). This definition does not
include a recreational vehicle or travel trailer or other similar
vehicles. Mobile homes are considered nonconforming and are therefore
prohibited within the limits of the City of Albany.
A self-contained mobile unit, independent with respect to
water, sewer, and power utilities, capable of moving or being moved,
consisting of an enclosed truck, enclosed trailer or similar mounted
unit that contains equipment used for the preparation and/or sale
of food products or other products and is closed up when not in operation.
This use applies to mobile units when located on private property,
and does not apply to vendors parked on public streets, which are
subject to police regulations.
Multiple sectional housing manufactured after June 15, 1976,
to standards established by the United States Department of Housing
and Urban Development. A standardized factory-fabricated transportable
building module not having a chassis or wheels of its own, designed
and constructed in accordance with all applicable local building codes
and intended to be placed on a permanent foundation, by itself or
incorporated with similar units on the building site. The structure
or building module is transportable in one or more sections on a temporary
chassis or other conveyance device, and is designed to be used as
a permanent building (dwelling, office, etc.) when installed on its
required permanent foundation system. Utilities are installed and
connected as in conventional housing.
A facility open to the public, with or without charge, for
the collection and display of paintings, sculpture, textiles, antiquities,
other works of art, or similar items.
An area of land and/or water that has a predominantly undeveloped
character. Natural areas may be pristine, or may have been affected
by human activity such as vegetation removal, agriculture, grading
or drainage if such areas retain significant natural characteristics,
or have recovered to the extent that they contribute to the City's
natural systems, including hydrology, vegetation, or wildlife habitat.
The purpose of natural areas is to provide a scenic, aesthetic appearance
and/or to protect natural processes, to provide passive recreational
uses, and/or to maintain natural vegetation.
Any gaseous substance, either combustible or noncombustible,
that is produced in a natural state from the earth and that maintains
a gaseous or rarified state at standard temperature or pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
Any garbage, refuse, sludge, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material,
that results from the exploration, drilling or extraction of natural
gas.
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements
to such structure.
A lot of record that was legally established prior to the
effective date of this USDO, but that does not conform to the current
minimum area and/or dimensions required in the zoning district in
which it is located.
A structure that was legally established prior to the effective
date of this USDO and under the laws and regulations in effect at
the time the structure was established, but that does not conform
to the current dimensional or frontage standards of the zoning district
in which it is located.
A use of a lot or a structure that was legally established
prior to the effective date of this USDO, but that does not conform
to the current zoning regulations of the district in which it is located.
Any use not listed within the land use category titled “Residential
Uses” in Table 375.302.1 (Permitted Use Table).
Establishments providing executive, management, administrative,
professional services, consulting, banking, laboratory, recordkeeping,
music or sound recording, or a headquarters of an enterprise or organization,
but not including the on-premises sale of retail goods. This use does
not include a blood plasma center, laboratory or research facility,
professional office, cannabis dispensary, medical clinic or methadone
dispensary.
[Amended 11-25-2023 by Ord. No. 29.71.23]
All off-street areas and spaces designed, used, required
or intended to be used for parking, including driveways or accessways
in and to such areas.
An area on a lot not covered by a principal or accessory
building, parking or impervious surface.
The hours within which a product may be sold, offered for
sale, or given away for on-premises consumption. No person shall be
permitted to consume any product upon such premises later than 30
minutes after the end of operating hours.
Any tree, shrub, or other plant grown primarily for decorative
purposes and whose mature height can be expected to be between four
feet and 12 feet, as specified by the American Standard of Nursery
Stock.
Facilities for outdoor sporting or recreational activities.
This use includes but is not limited to amusement parks, commercial
baseball or other athletic fields, race tracks, fairgrounds, commercial
picnic grounds, commercial fishing lakes, marinas, boat launches,
commercial stables, outdoor stage and concert facilities, gun clubs,
skeet, trap, or target ranges, commercial golf courses, miniature
golf courses, and commercial swimming pools. This does not include
an outdoor stadium or arena.
The keeping of any goods, material, merchandise or vehicles
outside of an enclosed building, typically associated with nonresidential
uses that may include loading docks, trash compactors, garbage/recycling
collection areas, and or storage of trailers, equipment, containers,
crates, pallets, merchandise, materials, forklifts, trash, recyclables,
etc.
A unique set of zoning regulations that are superimposed
on one or more established zoning districts and shown on the Zoning
Map, and subsequently imposed in addition to or in place of the regulations
of the underlying district. The overlay district may be used to impose
supplemental restrictions on uses in these districts, permit uses
otherwise disallowed, or implement some form of site or architectural
design program. Developments within an overlay district must conform
to the requirements of the underlying district as modified by the
overlay district and as set forth in the enacting ordinance.
That portion of a wall that extends above the roofline.
A private or public open area for recreation, which may include
accessory parking areas, shelters, picnic tables, restrooms, and other
facilities for the use of park patrons. May also be a defined open
space, typically interspersed within residential areas, which is designed
and equipped for the recreation of children. Playgrounds may be freestanding
or located within parks, greens, or school sites.
An area on the surface of the land for parking automobiles
and light vehicles.
An area in an underground or aboveground structure, or an
area incorporated into the structural design of a building, for parking
automobiles and light trucks in return for direct or indirect compensation.
For purposes of administration of this USDO, the applicant,
City, and any affected person who has requested to be heard at a hearing
on an application.
A solar energy system that relies upon original or retrofitted
design features and building materials of a structure to enhance the
use of natural forces to provide heating and cooling within a building.
Surfaced with a hard, smooth surface, usually consisting
of portland cement or asphalt underlain by a subgrade of crushed rock.
The premises at which personal property or other valuables
are purchased on condition of selling the same back again at a stipulated
price, and/or the premises at which a pawnbroker loans money on deposit,
or pledge of personal property, or other valuable thing, other than
securities or printed evidence of indebtedness.
The maximum instantaneous rate of flow during a storm, usually
in reference to a specific design storm event.
Any individual, corporation, government agency, business
trust, partnership, two or more persons having a joint interest, or
any other legal entity.
Any business that primarily performs a support service for
an individual or business, including but not limited to a tanning
salon, tattoo parlor, shoe repair shop, dry-cleaning establishment,
laundromat, photocopying (either self-service or full-service), design,
printing and binding of documents, presentations, desktop publishing,
packaging, and/or mailing, makerspace, collaborative work space, and
sign shop. This use does not include a beauty salon or spa, barbershop,
or controlled substance dispensary. Accessory sales of goods may occupy
no more than 25% of the gross floor area of the establishment.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
An establishment, including a building, part of a building,
or open space, for the growth, display and/or sale of plants, trees,
and other materials used in indoor or outdoor planting for retail
sales and incidental wholesale trade.
A map or delineated representation of a subdivision of land,
including other information required by this USDO.
Accessory structures and uses, used for recreation and play,
including jungle gyms, playhouses, play sets/structures/equipment,
skateboard halfpipes, swing sets, trampolines, tree houses, sandboxes,
and other similar uses.
A formal open space available for civic and commercial uses
and spatially defined by building frontages. Landscaping in a plaza
consists primarily of hardscape; trees and shrubs are optional.
Facilities for the provision of municipal rapid response
emergency services, such as firefighting and policing, including areas
for the storage and maintenance of emergency vehicles and equipment
and housing and feeding of emergency personnel.
An unconditioned exterior structure attached to the exterior
wall of a building, and having a roof, floor, and foundation or piers.
Porches may feature elements, including but not limited to, ballusters
and railings, columns, and corbels. The enclosure of unenclosed porches
is not permitted within the City.
A semitrailer, truck box, or other similar container placed
on a property for use as accessory storage. Dumpsters or roll-off
containers used for the temporary storage of solid waste shall not
be included under this definition.
A lot, plot or parcel of land, including any structure on
the lot, plot, or parcel of land.
The front plane of a building not including stoops, porches,
or other attached architectural features.
The entrance to a structure that is located along the primary
street.
A building in which the principal use of the lot is conducted,
or if there are multiple buildings in which such use is conducted,
then as determined by the Chief Planning Official. In zoning districts
where more than one principal use is permitted on a lot, there may
be more than one principal building on the lot.
The primary or predominant uses to which the lot or building
is or may be devoted.
An individual possessing an appropriate level of educational
achievement, expertise, and experience so as to be knowledgeable concerning
relevant aspects of the archaeology, history, and culture of this
City and who meets the professional qualifications standards set forth
in the Secretary of the Interior's Standards and Guidelines for Archaeology
and Historic Preservation.
Any establishment providing a limited amount of services
by licensed professionals, including, but not limited to, doctors,
dentists, optometrists, podiatrists, chiropractors, attorneys, accountants,
architects, physical therapists, or graphic designers predominantly
by appointment only.
Any construction or development activity upon real property.
Any person having a legal or equitable interest in real property.
The United States government, including any department, agency,
or bureau thereof; the State of New York and any political subdivision
thereof; or any county, school district, special district, or quasi-municipal
corporation, including the City of Albany.
Any parcel of land appropriated for the free passage of the
general public.
Any person, firm, or corporation, municipal department, board
or commission duly authorized to provide public utilities under federal,
state, or municipal regulations, including but not limited to gas,
steam, electricity, sewage disposal, communication, and water.
Buildings and facilities for the provision and distribution
of public utilities, including without limitation water, sewer, storm
drainage, electric, and gas services, by a regulated utility or a
public or quasi-public entity, of a size and scale found only in scattered
sites throughout the city. This use includes but is not limited to
electric transmission lines over 100 kilovolts, electric power substations,
gas substations, regional stormwater drainage facilities, water treatment
plants, sewer treatment plants, and public utility service centers.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by such
entities or for the public health or safety or general welfare, but
not including buildings.
A professional who is accredited by or registered with a
professional group operating within the scope of their license that
is acceptable to the City.
The minimum number of board members that must be present
at a meeting for the board to conduct official business or take official
actions.
A barrel designed for the on-site harvest and storage of
rainwater used to offset the potable water needs for a building and/or
site.
The replenishment of underground water reserves.
ACTIVE RECREATION SPACEA common area designated for leisure activities that are usually formal in nature and intended for group participation, including, but not limited to, swimming pools, playgrounds, tennis, volleyball, and basketball courts, and baseball, soccer, or other playing fields.
PASSIVE RECREATION SPACEAn area set aside for the use by the residents and/or the public that accommodates activities such as walking, jogging, biking, sitting, picnicking, and any activity that does not require improved structures or formal recreation fields.
A transportable structure or self-propelled vehicle with
or without flexible removable or collapsible walls and partitions,
designed to be used as a temporary dwelling for travel, recreation
or vacation uses. The term "recreational vehicle" shall include motor
home, camper bus and travel trailer, but shall not include pickup
trucks with camper shells that extend one foot or less above the cab
of the truck.
An building or area of land that serves as a dropoff point
for temporary storage for recoverable resources, such as newspapers,
glassware, plastics, and metal cans, for onward shipment to a recycling
processor or distributor, but at which no processing of such items
occurs.
A change to previously existing, improved property, including
but not limited to the demolition or building of structures, filling,
grading, paving or excavating, but excluding internal renovations
or ordinary maintenance activities.
A plan for form-based zoning districts that illustrates the
overall vision for the district and describes the required form developments
must follow in these areas. Each regulating plan is a part of the
Zoning Ordinance.
The act or process of making possible a compatible use for
a property through repair, alterations and additions, while preserving
those portions or features which convey its historic, cultural or
architectural values.
A structure or place in which worship, ceremonies, rituals,
and education pertaining to a particular system of beliefs are held,
together with its accessory buildings and uses (including buildings
used for educational and recreational activities), operated, maintained,
and controlled under the direction of a religious group. Examples
include churches, mosques, synagogues, temples, or other places of
worship. Accessory uses may include but are not limited to school
facilities, parking, caretaker's housing, pastor's housing, group
living facilities, such as convents, or a columbarium.
Any use listed within the land use category titled “Residential
Uses” in Table 375.302.1 (Permitted Use Table).
Any establishment that prepares and serves meals for consumption
on premises or to take away, and where any sale of alcohol permitted
by the State of New York is secondary to the sale of food. This use
includes a banquet facility.
A use that meets the definition of convenience retail, general
retail, specialty retail, supermarket, but not including a methadone
dispensary.
[Amended 11-25-2023 by Ord. No. 29.71.23]
RETAIL, GENERALEstablishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, including auction houses, that do not meet the definition of any other retail use, a restaurant use, or any other use listed in Table 375.302.1 (Permitted Use Table).
RETAIL, CONVENIENCEA retail store selling a limited selection of groceries, beverages, snacks, lottery tickets, newspapers, magazines, tobacco products, household products and personal items to be consumed primarily off the premises. This use is designed to attract customers who purchase a relatively few items and depends upon a large volume of stop-and-go traffic.
RETAIL, SPECIALTYA retailer concentrating on selling a limited or select merchandise line of goods and having a narrow but extensive selection in their specialty. Examples are bicycle shops, music stores, florists, photo supply stores and antique shops.
RETAIL, SUPERMARKETA retail or wholesale store selling foodstuffs and daily essential items, which may include but not be limited to canned goods, meats, dairy products, vegetables, condiments and paper goods, and in which at least 5% of the gross revenues of the establishment come from sales of fresh vegetables, fruit, and produce.
See "amendment to Zoning Map."
A regular pattern of shapes, including, but not limited to,
windows, doors, projections, and heights, within a building, structure
or monument, or a group of the same.
A building containing a single dwelling unit and rooms for
the rooming and/or boarding of at least three persons by prearrangement
for definite periods of not less than one week. This use also includes
a building containing multiple single room dwelling units, with each
unit for occupancy by no more than two individuals and with a maximum
square footage of 450 square feet.
A sewer which carries sanitary sewage and to which storm,
surface and ground waters are not intentionally admitted.
A dish antenna designed for transmitting signals to a receiver
or receiving station or for receiving television, radio, data, communication
or other signals from other antennas, satellites or other services.
The size and proportion of a building relative to surrounding
buildings and environs, adjacent streets, and pedestrians.
An accredited public or private institution offering a course
of education recognized by the State of New York as leading to a high
school diploma or equivalent. Accessory uses may include student sports
fields or facilities, playgrounds, gardens, and a dwelling unit for
a caretaker.
An establishment engaged primarily in the purchase, processing
and shipment of ferrous and/or nonferrous scrap, the end product of
which is the production of raw material for remelting purposes for
steel mills, foundries, smelters, refiners, and similar users.
Whenever this term is used, it shall refer to any landscaping,
screening, buffering, fencing or other barrier as required by this
USDO.
An establishment that permits customers to store their own
materials in private, commercially available warehousing space in
individual lockable units accessible from outside driveways or from
indoor hallways.
Any building, land area, or other premises used for the retail
dispensing or sales of vehicular fuels; minor towing, servicing, and
repair of automobiles and light trucks; and including as an accessory
use the sale and installation of lubricants, tires, batteries, and
similar vehicle accessories. Body and fender work, transmission work,
engine overhaul work, or repair of heavy trucks or vehicles is excluded
from this use.
The required minimum distance between the lot line and the
closest projection of a building or structure along a line at right
angles to the lot line. Setbacks shall be unobstructed from the ground
to the sky except as otherwise specifically allowed in this USDO.
SETBACK, REARA setback that extends across the full width of a lot or site, the depth of which is the distance between the rear lot line and the closest projection of a building or structure along a line at right angles to the rear lot line, excluding allowable encroachments and projections set forth in this USDO.
SETBACK, SIDEA setback that extends from the rear line of the required front setback, or the front lot line of the site where no front setback is required, to the front line of the required rear setback, or the rear lot line of the site where no rear setback is required, the width of which is the distance between the side lot line and a line parallel thereto on the site.
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Any tree, evergreen or deciduous, planted primarily for its
high crown of foliage and whose mature height can be expected to exceed
20 feet, as specified by the American Standard of Nursery Stock. See
Table 375.406.1.
A room or set of rooms, making up a nonresidential tenant
space, and collectively facing the street on the ground floor of a
commercial or mixed-use building.
An outside area adjacent to an establishment selling food
and/or drink on which food and drinks are served to patrons of the
establishment.
An area at a street intersection in which nothing shall be
erected, placed or allowed to grow in such a manner as to materially
impede vision of traffic at an intersection.
Any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any business
or persons when the same is placed in view of the general public.
AWNING SIGNAny sign or graphic attached to, painted on or applied to an awning, awning canopy or fuel canopy.
FREESTANDING SIGNAny sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or any other structure.
MONUMENT SIGNSignage constructed on a monument base identifying the name of the business or retail center on the premises upon which the sign is placed. A sign face manufactured and constructed clearly to be a portable sign shall not be used in any form to be made into a permanent sign.
POLE SIGNAny freestanding sign in which the sign face is supported by a single post, pole or support, and the area between the sign face and the ground is not opaque or enclosed, so that the sign face support structure is visible.
OFF-PREMISES SIGNA sign unrelated to a business or a profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
POST-AND-PANEL SIGNAny freestanding sign in which the sign face is supported by two poles, posts, or supports, generally located at or near either end of the sign face, and between which poles, posts, or supports the sign face is visible.
PROJECTING SIGNAny sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall.
WALL SIGNA sign attached to the wall of a building or structure with the exposed face of the sign in a plane parallel to the face of said wall, not extending beyond the ends or over the top of the wall to which the sign is attached, nor more than nine inches from the face of the building or structure to which the sign is attached.
The horizontal member (or assembly of members) at the base
of a window or door opening.
Any lot or lots of record, or contiguous combination thereof,
under the same ownership.
See "development plan."
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, that relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected, converted
into another form of energy, stored, protected from unnecessary dissipation
and distributed. Solar systems include solar thermal, photovoltaic,
and passive solar.
A site at which photovoltaic cells and generators are used
to generate and produce electric power for distribution to consumers,
typically managed by a single entity.
A solar energy system that generates energy by collecting
and focusing solar energy onto a small area to heat a fluid to a high
temperature, which in turn drives an electric generator.
A tall, pyramidal, polygonal, or conical structure rising
from a tower, turret, or roof (usually of an institutional use) and
terminating in a point.
A formal open space available for recreational and civic
uses and spatially defined by abutting streets and building frontages.
Landscaping in a square consists of lawn, trees, and shrubs planted
in formal patterns and it is typically furnished with paths, benches,
and open shelters.
An open or enclosed area where sporting events or contests
are held and provides seating for more than 300 spectators. Stadium
uses also include auditoriums and band shells.
Employees of the City of Albany.
The date of permit issuance for new construction and substantial
improvements to existing structures, provided that the actual start
of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement is within 180 days after the date
of issuance. The actual start of construction means the first placement
of permanent construction of a building (including a manufactured
home) on a site, such as the pouring of a slab or footings, installation
of pilings or construction of columns. Permanent construction does
not include land preparation (such as clearing, excavation, grading,
or filling), or the installation of streets or walkways, or excavation
for a basement, footings, piers or foundations, or the erection of
temporary forms, or the installation of accessory buildings, such
as garages or sheds not occupied as dwelling units or not part of
the main building. For a substantial improvement, the actual "start
of construction" means the first alteration of any wall, ceiling,
floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
The State of New York.
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.
An order issued by a Building Inspector or other authorized
City staff that directs the person responsible for an activity in
violation of this USDO or the adopted Building Code to cease and desist
such activity.
An establishment engaged in the sale of commodities in quantity
to retailers, other businesses, industries or institutions, and/or
an establishment for the storage of products, supplies, and equipment
offered for wholesale distribution (not for direct sale to the general
public). This use does not include a self-storage facility.
An accessory structure used for storage of personal items.
A sewer which carries storm- and surface waters and drainage,
but excludes sewage and industrial wastes other than cooling waters
and other unpolluted waters.
Rainwater, surface runoff, snowmelt and drainage.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
Flow on the surface of the ground resulting from precipitation.
That portion of a building included between the surface of
any floor and the surface of the floor next above it; if there is
no floor above it, then the space between the floor and the ceiling
or roof structure next above it.
STORY, HALFThat floor area under a sloped roof where no more than 70% of the floor area meets the minimum ceiling height requirements under the applicable building code.
STORY, GROUND or FIRSTThe lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average grade at the exterior front walls of the building.
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STORY, BASEMENTA floor area of a building where the finished grade of the floor is not more than four feet below the average grade along the front of the building. It shall be considered a story whether occupied or not.
STORY, NONCOMMERCIALA horizontal internal surface of a building that is at least 50% as large as the footprint of the building on the lot at ground level, and that is only occupied by a group living use or a household living use, and/or by a permitted home occupation.
A right-of-way, typically publicly owned, serving primarily
as a means of vehicular and pedestrian travel, providing access to
abutting properties, and which may also be used to provide space for
bicycle facilities, stormwater management facilities, shade trees,
and utilities.
PRIMARY STREETThe public right-of-way that serves as primary pedestrian access to a property.
SECONDARY STREETThe public right-of-way that serves as the secondary pedestrian access to a property when coupled with a primary street or the primary access when coupled with a tertiary street.
TERTIARY STREETThe public right-of-way that serves as the lower priority access to a property when coupled with a secondary or primary street or the primary access when coupled with a street of lower value in the street hierarchy; the third in line of street hierarchy.
ARTERIAL STREETA street designed to be used by large volumes of through traffic, receive traffic flow from collector and local streets, allow for major movement between areas of the City, and usually have heavy traffic moving at relatively high speeds.
COLLECTOR STREETA street that carries traffic from local streets to the arterial network, consists of principal entrance streets for residential, nonresidential and mixed-use developments, and provides for major circulation within the developments. These streets can be broken down into major and minor with major collectors typically being longer in length, having lower connecting driveway densities, having higher speed limits, spaced at greater intervals, having higher annual average traffic volumes, and may have more travel lanes than minor collectors.
LOCAL STREETA street designed primarily for access directly to individual lots or developments. These streets are not intended for use in long distance travel as they are often designed to discourage through traffic.
PRIVATE STREETAn interior circulation road designed and constructed to carry traffic from public streets within or adjoining a site to parking and service areas; it is not maintained nor intended to be maintained by the public.
PUBLIC STREETA right-of-way that has been set aside for public travel, built to public street standards, and eligible for maintenance by either the City of Albany or the State of New York.
Fittings and fixtures installed in streets, such as lampposts,
fire hydrants, street signs, and similar municipal structures, at
or above grade level, including benches, litter and recycling receptacles,
bike racks, newsracks, water fountains, pedestrian-scaled lighting
and planters.
A tree planted within a public right-of-way.
The elements which lie within and adjacent to a public right-of-way
that relate to the physical appearance of a street/road and the adjoining
area which, as a group, define its character. They include, but are
not limited to building facades, street/road furniture, landscaping,
pedestrian walkways, off-street and on-street parking provisions,
placement and design of awnings and marquees, signs and lighting.
FRONTAGE ZONEThe area between the building front or private lot line and the pedestrian zone, intended to buffer pedestrians from doorways and appurtenances.
PEDESTRIAN ZONEThe area primarily used for pedestrian travel along a sidewalk.
BUFFER ZONEThe area between the pedestrian zone and the curb zone, typically used for utilities, landscaping, public signage, transit stops, public street furniture, and other public streetscape amenities.
CURB ZONEThe area located immediately adjacent to the roadway, which serves as a safety feature to prevent vehicles from driving onto the sidewalk and sometimes as a part of the storm drainage system.
Any alteration involving a change in or addition to the supporting
members of a building, structure, or sign, such as bearing walls,
columns, beams, girders or poles.
Anything constructed or erected which requires permanent
or temporary location on the ground or attachment to something permanently
attached to the ground. This term shall include, but not be limited
to, buildings, walls, fences, sheds, awnings, signs, billboards, lighting
fixtures, screen enclosures, works of art, electronic transmission
or reception devices or other electronic devices and mechanical devices
related to a building function.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also, a general
quality of distinctive character.
The division of any parcel of land into two or more lots,
blocks or sites, with or without streets or highways, and includes
re-subdivision and the combination of existing parcels.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures that have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
that have been identified by the local code enforcement official and
that are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
Any reconstruction, rehabilitation, addition or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted cumulatively
for 10 years.
Any confined body of water designed, used, or intended to
be used for swimming or bathing purposes, the bottom and sides of
which are constructed using man-made materials.
A piece of equipment or a dish antenna used for receiving
and/or transmitting telecommunications signals that is attached to
or located inside a building as an accessory structure, as opposed
to a freestanding antenna or tower structure mounted on the ground.
A freestanding structure erected on the ground to support
wireless communication antennas and connecting appurtenances. Support
structure types include, but are not limited to, stanchions, monopoles,
lattice towers, wood poles or guyed towers.
A facility or area used as a temporary field construction
office, temporary outdoor storage of construction equipment and materials
associated with an active permit to demolish or construct buildings,
structures or infrastructure.
A facility or area used as a temporary office to sell or
lease land or buildings or interests in land or buildings within a
specified area.
The temporary sale of goods or products associated with the
season or a cultural event, such as the sale of Christmas trees, pumpkins,
or seasonal produce. Such sales typically take place in locations
not devoted to such sales for the remainder of the year.
A sign that is designed to be used only temporarily and is
not intended to be permanently attached to a building, structure or
permanently installed in the ground.
The peak discharge rate associated with a twenty-four-hour
storm event that has a 100% chance of being equaled or exceeded in
a given ten-year period.
A building or space, or portion thereof, used for cultural
education and experiences, motion pictures, live productions, or other
entertainment, including, but not limited to, museums, art galleries,
aquariums, amphitheaters, theaters, cultural entertainment facilities
and performance halls.
A lot other than a corner lot with frontage on more than
one street.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for commercial, amateur, or ham radio, telephone, television, and similar communications purposes, including self-supporting guyed towers, lattice towers, or monopole towers. The term includes alternative tower structures, cellular telephone towers, common-carrier towers, microwave towers, radio and television transmission towers, and ham radio towers, as well as any supports for them, and specifically includes "telecommunications tower" and "tower structure, other" as defined in this Article VI.
All towers erected on the ground that do not meet the definition
of "telecommunication towers," including but not limited to amateur/ham
radio, broadcasting towers, radio towers, and television towers.
A private or public institution that teaches students a trade
or job skill rather than the broad curriculum offered by a college
or university. Examples are welding, auto repair, barber/beauty, secretarial/office
skills, construction, accounting, bookkeeping, web design, computer
programming, and similar skills.
A vehicle without motor power, designed so that it can be
drawn by a motor vehicle for the conveyance of cargo or property.
This shall include but is not limited to utility trailers, cargo trailers,
enclosed trailers, stock trailers, equipment trailers, car haulers
and watercraft trailers devoid of watercraft.
A building, facility or area located outside of the public
right-of-way and designed for and used by persons using or changing
transportation modes or transit routes, or for the storage or parking
of transit vehicles, generally for periods of no more than 24 hours.
Any coach, cabin, or other vehicle or structure, intended
for or capable of human dwelling or sleeping purposes, mounted upon
wheels or supports, or supported and/or capable of being moved by
its own power or transported by another vehicle.
A lot that is not in use, is in temporary use, or lacks permanent
improvement.
Where any site was previously altered from its undeveloped
state as determined from available topographic or historical maps.
Where no information is available concerning the site in its undeveloped
state, all calculations will be based upon the assumption of uniform
gently sloping grades (5%), moderately impervious soils and light
forestation.
The purpose for which a structure or premises, or part thereof, is occupied, designed or arranged. Each line in the Permitted Use Table in § 375-302 establishes a separate and distinct use.
A building, building portion, or property that is unoccupied
and left unsecured.
The Board of Zoning Appeals' (BZA) authorized departure from
the terms of this USDO in direct regard to conditions peculiar to
an individual lot in accordance with the procedures set forth thereto
in this USDO.
AREA VARIANCEThe authorization by the BZA for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable regulations of this USDO.
USE VARIANCEThe authorization by the BZA for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable regulations of this USDO.
FLOODPLAIN VARIANCEA grant of relief from the requirements of § 375-206(3) (FP-O Floodplain Overlay) that permits construction or use in a manner that would otherwise be prohibited by § 375-206(3).
A building or place of business where gasoline, electric
vehicle charging stations, and alternative fuels, such as compressed
natural gas, are supplied and dispensed directly to customers at retail.
This use may include the sale of food and convenience items, and automotive
accessories to customers, but shall not include any vehicle repairs
listed under light vehicle sales, rental, and servicing.
The dismantling or disassembly of used motor vehicles or
trailers, or the storage, sales, or dumping of dismantled, partially
dismantled, obsolete, or wrecked vehicles or their parts. This use
includes premises or lots used for the storage or handling of scrap
or recyclable materials, as well as vehicle towing operations.
An establishment that provides medical treatment and care
to animals, and that may include temporary or overnight boarding of
animals that are recuperating from treatment, or an establishment
in which five or more domesticated animals (dogs and cats), more than
six months of age, are housed, groomed, bred, boarded, trained or
sold. This use includes but is not limited to, animal hospitals, kennels,
veterinary clinics, and animal shelters.
An action that results in a property or use not being fully compliant with the provisions of this USDO, as described in § 375-507(4) (Violations and responsible parties).
The predominant vertical or near vertical wall surface located
on the facade of a building.
A site or facility where solid waste, recycled materials
and compostable materials are collected and/or processed. "Processing"
shall mean the preparation of materials for the efficient shipment
by such means as baling, compacting, flattening, grinding, crushing,
mechanical sorting, and cleaning.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
An unoccupied area, open and unobstructed from the ground
or any floor level to the sky, on the same lot as a building.
YARD, FRONTA yard located between the front lot line and the front of any structure (not including fences).
YARD, REARA yard located between the rear line of any building or structure (not including fences) and the rear lot line.
YARD, SIDEA yard between any structure (not including fences) and the side lot line.
Parts of the City for which the regulations governing the
use of and occupation of property are the same.
The Zoning Map or Maps of the City of Albany, New York, together
with all amendments thereto subsequently adopted.
