[Amended 9-12-2011 by Ord. No. 2011-15]
The boundaries of the districts are shown upon
the map designated as the "Zoning Map," approved by Council as part of this chapter and filed
in the office of the Department of Development or such other office
or department of the City of Schenectady as may be hereafter provided
by ordinance. Said Zoning Map and all notations, references and other
information shown thereon are a part of this chapter and have the
same force and effect as if the Zoning Map and all notations, references
and other information shown thereon were all fully set forth or described
herein. The City Department of Development shall, from time to time,
cause all amendments, which are authorized by ordinance in the area
of the various districts, to be posted on the Zoning Map or on suitable
supplements thereto immediately upon the effective date of such ordinance,
indicating the title and date of the ordinance pursuant to which such
changes are made. In parcels that are split among two or more districts,
each portion of the parcel shall be subject to the requirements of
the respective district in which the portion of the parcel is located.
The zoning classification of any territory hereafter
annexed to the City of Schenectady shall be determined by the City
Council.
[Amended 3-23-2009 by Ord. No. 2009-02; 2-9-2015 by L.L. No. 1-2015]
A. Purpose.
(1) The Waterfront Development (C-3) District is established to provide
unique opportunities for the development and maintenance of water-oriented
uses within certain areas of the City adjacent to the Mohawk River.
The C-3 District permits certain recreational, open space, business
and residential uses which will generally benefit from and enhance
the unique aesthetic, recreational and environmental qualities of
the waterfront areas. This district is also designed to protect unique
and sensitive environmental features that exist along the shoreline,
to promote and encourage public access to the shoreline and to encourage
appropriate water-oriented recreational uses along the shoreline.
(2) The specific purposes of this district include the following:
(a)
To provide for a desirable mix of water-dependent and water-enhanced
recreational opportunities, business uses and residential uses which
complement each other and take advantage of the unique locational
characteristics of the Mohawk River.
(b)
To promote the most desirable and appropriate use of land and
building development based upon consideration of land and soil characteristics
and other natural features, environmental constraints, neighborhood
characteristics and overall community needs, while also protecting
the character of the district, conserving the value of land and buildings,
and protecting the tax revenue base.
(c)
To ensure that development and land or water use activities
occur in harmony with the environmental and ecological systems that
exist along the Mohawk River.
(d)
To encourage flexibility in the design of land development,
preservation of unique environmental features and maintenance of the
aesthetic quality of waterfront areas by establishing appropriate
design criteria that promote a more creative and imaginative design
for development of waterfront areas than is normally possible under
conventional zoning districts.
(e)
To promote the maintenance and/or extension of public access
to the river in a manner that is compatible with the primary purpose
of the proposed development or activity.
(f)
To promote opportunities for increased tourism.
(g)
To encourage appropriate and safe water surface use on the river.
(h)
To preserve, to the maximum extent practicable, the vegetation
and natural features along the Mohawk River and to prevent, as much
as possible, erosion, sedimentation and problems with drainage both
during and after construction.
(i)
To encourage coordination with public agencies and private organizations
involved with waterfront planning or waterfront-related development.
B. Permitted uses. See Schedule B, Use Regulations for Nonresidential
Districts, with the following additions and exceptions:
(1) All uses permitted in the C-3 District prior to enactment of this
section shall continue to be permitted uses in the C-3 District and
shall continue to appear in Schedule B, Use Regulations for Nonresidential
Districts, with the following amendments:
(a)
Professional and business offices of less than 5,000 square
feet on the ground floor in certain buildings. In any building with
frontage on the Mohawk River or any embayment thereof, professional
and business offices that exceed 5,000 square feet shall be located
on upper floors, with retail and service uses located on the ground
floor. For all other buildings, professional and business offices
containing more than 30,000 square feet shall be located on upper
floors, with retail and service uses located on the ground floor.
This section shall not apply to a casino gaming facility, its ancillary
facilities, or an attached hotel.
C. Special permit uses. See Schedule B, Use Regulations for Nonresidential
Districts, and as provided in Subsection
C(1) below:
(1) Parking lots or structures as separate, principal uses shall not be located within 40 feet of the Mohawk River as measured from the mean high-water mark as defined in Subsection
E.
(2) Drive-in establishments shall be permitted by special use permit subject to the requirements of Article
XIV of this chapter.
(3) Professional and business offices on the ground floor exceeding the square footages set forth in Subsection
B(1) shall be permitted by special use permit subject to the requirements of Article
XIV of this chapter.
D. Accessory uses and structures. Accessory uses and structures are permitted in the C-3 District subject to the provisions of §
264-29 of this chapter. In addition, accessory uses and structures located in the C-3 District shall comply with the following standards:
(1) Private garages, storage and parking areas for dwelling units shall
not contain more than two parking spaces per dwelling unit, and provided
that they are not located on the side of the property that fronts
the river. This section does not apply to a casino gaming facility
and its related uses.
(2) Storage structures for nonresidential uses (i.e., rental boat storage),
not to exceed a height of 16 feet, shall be screened from view by
neighboring properties and water bodies with the use of vegetation,
fencing or berming, or any combination thereof.
E. Bulk, space and yard requirements: See Schedule C, Lot Development
Standards, and the following limitations:
(1) Setbacks of lots adjacent to the Mohawk River. Lots directly adjacent
to the Mohawk River shoreline shall consider the portion of the lot
fronting the river to be a front yard in addition to the portion of
the lot fronting the street. Front yards adjacent to the river shall
have a front yard setback of 40 feet on the riverside. The Planning
Commission has authority to approve lesser setbacks as deemed appropriate
for the development.
(2) Setbacks for public access and recreational areas, water-dependent
uses, restaurants and other tourism-related uses which may require
proximity to a location on the water may not be subject to shoreline
setback requirements as determined by the Planning Commission as part
of site plan review.
(3) Setbacks from the river shall be measured from the mean high water
(MHW) of the Mohawk River in the vicinity of the Macon/Alco site,
defined as elevation of 213.54 on North American Vertical Datum of
1988 (NAVD 1988).
(4) A single multi-use pedestrian and bicycle trail shall be constructed
by the applicant with the following construction and design standards
(other trails may be built without the following standards):
(a)
The trail shall have a width of at least 10 feet along the length
of the Mohawk River shoreline and shall endeavor to be located reasonably
adjacent to the undeveloped shoreline wherever practicable.
(b)
There shall be an additional two feet of graded area on either
side of the trail and an additional ten-foot buffer between the trail
and the river.
(c)
The trail shall be constructed of asphalt, synthetic composite,
concrete, pavers, or other materials as approved by the Planning Commission.
(d)
Trails and esplanades may include landscaped areas, sitting
areas, benches, gazebos and suitable lighting facilities.
F. Density incentives.
(1) Purpose. It is recognized that the waterfront encompasses a unique
resource within the City, containing both a significant opportunity
for the achievement of public amenities and a major potential for
water-related development. To provide an incentive which will further
encourage the most-appropriate use and development of the City's waterfront,
the Planning Commission may allow, by application for a special permit,
an increase in zoning density as set forth below if the development
of a lot includes access or recreational opportunities for the public
along the Mohawk River.
(2) Density incentives. In order to encourage the development of additional public access on the waterfront, the following exceptions to the bulk, space and yard requirements may be permitted by the Planning Commission through the granting of a special permit based on the extent of the provision of a public waterfront access element described in Subsection
E(4) above:
(a)
Principal building coverage may be increased by an aggregate
amount of not more than an additional 20% above the base maximum lot
coverage of 50%.
(b)
Front, rear and side yard setback requirements applicable to
a lot may be reduced by up to 20%.
G. Parking and loading requirements. Off-street parking requirements applicable in the C-3 District are set forth in Article
VI, Off-Street Parking and Loading, of this chapter, except for the following standards applicable in the C-3 District:
(1) Casino gaming facility and attached uses: 0.7 parking space per gaming position plus 1 space per hotel sleeping unit. Maximum allowable parking shall not exceed 1.5 parking spaces per gaming position and 1.75 parking spaces per hotel sleeping unit. Additional parking may be permitted by special use permit, subject to the requirements of Article
XIV of this chapter.
(2) Minimum parking stall depth shall be 18 feet, except for stalls containing
any part of a building column or light pole, for which minimum depth
shall be 16 feet.
(3) The use of shared parking as described in §
264-46 is encouraged in the C-3 District.
(4) Nothing in this chapter shall change the interpretation of state
or federal laws regarding parking.
H. Supplemental C-3 regulations. Notwithstanding anything contained within this Zoning Chapter to the contrary, Article
IX, Signs, shall not be applicable to a casino gaming facility and ancillary uses.
(1) Maximum allowable signage shall be 19,000 square feet for a casino
gaming facility and its ancillary facilities, attached hotel, parking
garage and pylon signs. Signage for a casino gaming facility and related
uses within the C-3 District shall be reviewed and approved by the
Planning Commission as part of the site plan approval process. Multisided
pylon signs shall be permitted, with a height not to exceed 80 feet.
Square footage for a multisided pylon sign shall be the square footage
of its single largest side. Signage on any one side of a pylon sign
may not exceed 70% of the face of the pylon sign, on that same side.
(2) Maximum square footages shall not include directional signs. Directional
signs containing logos are permitted so long as the primary purpose
of the sign is directional in nature.
I. Design standards. Notwithstanding anything contained within this
Zoning Chapter to the contrary, the dimensions of curbed islands contained
within paved parking areas (excluding parking garages) may vary, but
in no instance shall the total square footage of landscaped area be
less than 5% of the total paved area of a surface parking lot. Each
curbed island shall be at least five feet by five feet in size.
[Amended 3-23-2009 by Ord. No. 2009-02]
A. Purpose. The Downtown Mixed-Use (C-4) District is
intended to represent the central business district of the City. It
encourages a mix of commercial, civic, cultural and hospitality uses
in a pedestrian-oriented setting. Increased densities and scale are
encouraged in this district while creating a walkable, attractive
downtown for residents and visitors.
B. Permitted and special permit uses. See Schedule B,
Use Regulations for Nonresidential Districts.
C. Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.
D. Additional limitations. The following limitations
and conditions shall apply to and be complied with by all uses permitted
and permissible in the C-4 District:
(1) No use shall be conducted in any manner which would
render it noxious or offensive by reason of dust, refuse matter, odor,
smoke, gas fumes, noise, vibration or glare.
E. Accessory uses and structures. Accessory uses and structures are permitted in the C-4 District subject to the provisions of §
264-29 of this chapter.