A.
In order to regulate and restrict the location of
buildings and land intended for trades, industries, residences or
other purposes, to regulate and limit the height and size of buildings,
to regulate and limit the intensity of the use of land and the density
of population and to regulate and determine the size of yards and
other open spaces and to serve the purposes of this chapter, the City
of Schenectady is hereby divided into the following districts:
[Amended 3-23-2009 by Ord. No. 2009-02[1]]
|
OS
|
Recreation and Open Space District
|
|
R-1
|
Single-Family Residential District
|
|
RH-1
|
Historic Residential District
|
|
R-2
|
Two-Family Residential District
|
|
RH-2
|
Stockade Historic Residential District
|
|
R-3
|
Multiple-Family Residential District
|
|
C-1
|
Neighborhood Retail Business District
|
|
C-2
|
Mixed-Use Commercial District
|
|
C-3
|
Waterfront Mixed-Use District
|
|
C-4
|
Downtown Mixed-Use District
|
|
C-5
|
Business District
|
|
I
|
Institutional District
|
|
M-1
|
Light Manufacturing and Warehousing District
|
|
M-2
|
Manufacturing and Warehousing District
|
[1]
Editor's Note: This ordinance also provided that "references in this Chapter 264, Zoning, to Schedules A through I and to the names of zoning districts and cross-references to section and/or subsection numbers, including figure names, shall be amended accordingly to reflect amendments made in this ordinance."
B.
Additional special-purpose districts include:
|
PRD
|
Planned Residential Development District
|
|
PMD
|
Planned Development District – Mixed Use
|
|
OH
|
Overlay Historic District
|
[Amended 9-12-2011 by Ord. No. 2011-15]
The boundaries of the districts are shown upon
the map designated as the "Zoning Map,"[1] 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.
[1]
Editor's Note: The Zoning Map is on file in
the City offices.
The zoning classification of any territory hereafter
annexed to the City of Schenectady shall be determined by the City
Council.
A.
Purpose. The Recreation and Open Space (OS) District
is intended to preserve and enhance those publicly owned lands with
significant recreational facilities or amenities, with open space
characteristics or with features of topography, drainage, floodplains,
aquifer areas or other natural features that preclude intense use.
B.
Permitted and special permit uses. See Schedule A,
Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
A.
Purpose. The Single-Family Residential (R-1) District
is intended to maintain the residential quality and desirability of
areas characterized primarily by owner-occupied single-family detached
dwellings and, where suitable, to provide areas for single-family
residential development.
B.
Permitted and special permit uses. See Schedule A,
Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
A.
Purpose. The Historic Residential (RH-1) District
is intended to promote, maintain and enhance the historic and architecturally
significant buildings within the General Electric Realty Plot and
the Morris Avenue neighborhoods. Specific standards and requirements
are necessary to preserve the single-family residential qualities
and attractiveness of this neighborhood.
B.
Permitted and special permit uses. See Schedule A,
Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Accessory uses and structures. Accessory uses and structures are permitted in the RH-1 District subject to the provisions of § 264-29 of this chapter. In addition, accessory uses and structures located within the RH-1 District shall comply with the following standards:
(1)
Private garages. In no case shall private garages,
on any one lot, contain more than 800 square feet of gross floor area
or three parking bays, whichever is less in gross floor area.
E.
Additional limitations. As an historic district and pursuant to the requirements of Article X, Historic Districts, of this chapter, the Historic District Commission shall review, approve or disapprove all plans and building permit applications for any exterior construction visible from the public right-of-way, including alteration, repair, relocation, renovation or demolition of buildings and structures.
A.
Purpose. The Two-Family Residential (R-2) District
is intended to conserve and maintain the areas of the City which have
been developed primarily with two-family dwellings.
B.
Permitted and special permit uses. See Schedule A,
Use Regulations for Residential Districts,[1] and the following exceptions:
(1)
The conversion of an existing single-family residence
with one dwelling unit into a two-family residence with two dwelling
units is prohibited.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
A.
Purpose. The Stockade Historic Residential (RH-2)
District is intended to promote, maintain and enhance the historic
Stockade neighborhood where specialized standards and requirements
are necessary to protect the area's distinctive residential quality
and the architectural or historical significance of structures therein.
B.
Permitted and special permit uses. See Schedule A,
Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Accessory uses and structures. Accessory uses and structures are permitted in the RH-2 District subject to the provisions of § 264-29 of this chapter. In addition, accessory uses and structures located within the RH-2 District shall comply with the following standards:
(1)
Private garages, storage garages and parking areas
shall not contain more than one parking space for each 1,000 square
feet of lot area.
E.
Additional limitations. As an historic district and pursuant to the requirements of Article X, Historic Districts, of this chapter, the Historic District Commission shall review, approve or disapprove all plans and building permit applications for any exterior construction visible from the public right-of-way, including alteration, repair, relocation, renovation or demolition of buildings and structures.
A.
Purpose. The Multiple-Family Residential (R-3) District
is intended to accommodate new and existing residential development
at moderately high densities. In addition, the R-3 District is intended
to permit, subject to special permit, high-density residential development
designed to accommodate the particular housing needs of elderly residents.
B.
Permitted and special permit uses. See Schedule A,
Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
A.
Purpose. The Neighborhood Retail Business (C-1) District
is intended to accommodate a variety of small-scale retail business
uses offering primarily convenience shopping for nearby residential
areas. Permitted retail sales and services uses are intended to primarily
serve the needs of individual consumers and households. Proximity
to residences requires that business operations in the C-1 District
be of a scale and nature that is relatively compatible with nearby
residential uses. Such permitted and special uses in the C-1 District
should not possess characteristics or impacts which might be detrimental
or a nuisance to nearby residential properties.
B.
Permitted and special permit uses. See Schedule B,
Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Additional limitations. The following limitations
and conditions shall apply to and be complied with by all uses permitted
or permissible in the C-1 District:
(1)
No permitted or permissible use shall occupy a floor
area greater than 3,000 square feet to conduct its operations and
to store its wares, products, inventory and materials.
(2)
All business establishments shall be retail or service
establishments dealing directly with the consumer. All products produced,
kept, handled or offered for sale shall be sold only at retail on
the premises.
(3)
All operations shall be conducted within a completely
enclosed building, except for the temporary outdoor display of merchandise
located within five feet of a principal building.
(4)
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.
(5)
Screening and landscaping shall be provided along
all lot lines abutting a side or rear lot line of any residentially
zoned or developed property in a manner which largely obscures the
nonresidential use and its operation from all points located on such
residential lot when viewed from the ground level.
A.
Purpose. The Mixed-Use Commercial (C-2) District is
intended to represent the variety of mixed-use corridors located throughout
the City's neighborhoods. These corridors are a mix of residences
and smaller-scale retail and service uses serving the adjacent neighborhood
as well as Citywide clientele. The district is also intended to provide
locations for small-scale assembly, processing and light manufacturing
uses, which are generally compatible in scale and nature with other
permitted uses and which may provide employment opportunities for
community residents. This district encourages a continued mix of residential
and commercial uses at a smaller scale in keeping with the surrounding
neighborhood that is oriented to all modes of transportation.
B.
Permitted and special permit uses. See Schedule B,
Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Additional limitations. 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.
[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,[1] 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.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Special permit uses. See Schedule B, Use Regulations for Nonresidential
Districts,[2] 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]
Editor's Note: Schedule B is included as an attachment to 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,[3] 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.
[3]
Editor's Note: Schedule C is included as an attachment to this chapter.
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:
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.
(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.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
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.
A.
Purpose. The Business (C-5) District is intended to
provide a choice of locations for retail, service and wholesale uses
serving a Citywide clientele. The district is also intended to provide
locations for small-scale assembly, processing and light manufacturing
uses, which are generally compatible in scale and nature with other
permitted uses and which may provide employment opportunities for
community residents. The C-5 District is characterized by good highway
accessibility and exposure afforded by location on major streets and
highways.
B.
Permitted and special permit uses. See Schedule B,
Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Additional limitations. The following limitations
and conditions shall apply to and be complied with by all uses permitted
and permissible in the C-5 District:
(1)
Screening and landscaping shall be provided along
all lot lines abutting a side or rear lot line of any residentially
zoned or developed property in a manner which largely obscures the
nonresidential use and its operation from all points located on such
residential lot when viewed from the ground level.
(2)
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.
A.
Purpose. The Institutional (I) District is established
to allow for an increased development scale and intensity than would
typically be found in the adjacent residential districts to reflect
their respective institutional missions and to support continued growth
and flexibility. Development is intended to respect the historic development
pattern of the existing campuses as well as the surrounding residential
neighborhoods and be predominantly pedestrian oriented.
B.
Permitted and special permit uses. See Schedule B,
Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Density incentive.
(1)
Purpose. The purpose of a density incentive is to
encourage expansion and redevelopment projects on institutional campuses
in coordination and cooperation with the City of Schenectady and the
surrounding neighborhoods by providing some additional flexibility
to these uses. To provide an incentive which will further encourage
coordination and the most appropriate use and development of the City's
campuses, institutional uses may request a density bonus to allow
for seventy-percent lot coverage of principal structures if it provides
a long-range plan to the City as part of special use permit review.
A.
Purpose. The M-1 Light Manufacturing and Warehousing
District is intended to provide areas where light manufacturing, warehousing
and business establishments may locate. Uses in the M-1 District themselves
require protection from the potential adverse impact of heavier industrial
uses, and therefore, such heavier industrial uses have been excluded
from the M-1 District. The M-1 District is intended to be located
primarily in those areas that are not residentially developed.
[Amended 3-23-2009 by Ord. No. 2009-02]
B.
Permitted and special permit uses. See Schedule B,
Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Performance standards for permitted uses. All uses permitted in this district shall operate in compliance with the following standards. Failure to operate in compliance with these standards shall be a violation of the Zoning Code and shall be subject to penalties as specified by Article XVIII of this chapter.
(1)
Exterior use of property. A special use permit must be issued in accordance with Article XIV of this chapter where the operation of any establishment requires the overnight, on-site, exterior storage or parking of more than 10 nonemployee motor vehicles or the use of more than 10% of the total lot area for storage or activities not located within a completely enclosed building or structure.
(2)
Noise. When measured in accordance with American National
Standards Institute standards at the property lot line, the maximum
sound level shall not exceed 60 dBa.
(3)
Odor. Odorous matter released from any operation,
activity or refuse shall not be detectable at the property lot line
where the odor is generated.
(4)
Smoke. The emission of smoke from any chimney, stack,
vent, opening or combustion or cleaning process shall not exceed a
density or equivalent capacity of Ringelmann No. 1.
(5)
Glare. Any operation or activity producing glare shall
be conducted so that direct or indirect illumination from the source
of light shall not cause illumination in excess of 0.5 footcandle
in any residential district.
(6)
Dust. No business shall be operated in such a manner
which adversely impacts a residential district due to stack emissions
or ground operations which generate dust or particulate matter.
(7)
Vibration. Processes or operations shall not create
vibrations which exceed any of the following thresholds when measured
at the property line of the generator of such vibration:
|
Frequency
(cycles/second)
|
Displacement
(thousandths of an inch)
|
|---|---|
|
5
|
17.0
|
|
10
|
4.0
|
|
20
|
1.3
|
|
30
|
0.7
|
|
40
|
0.5
|
|
50
|
0.4
|
A.
Purpose. The Manufacturing and Warehousing (M-2) District
is intended to provide a location for intense business and industrial
uses which, because of their operation and nature, may create adverse
effects on other nearby uses.
B.
Permitted and special permit uses. See Schedule B,
Use Regulations for Nonresidential Districts.[1] Any uses not listed in Schedule B shall be allowed in
the M-2 Manufacturing and Warehousing District with the issuance of
a special use permit.
[Amended 9-12-2011 by Ord. No. 2011-15]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C,
Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
A.
Purpose. The OH Overlay Historic District is intended to promote, maintain and enhance areas, buildings and neighborhoods of historic, architectural, cultural or aesthetic value and to promote the purpose and intent of Article X governing historic districts. The OH District provides a means of applying historic district review and protection to individual landmark buildings or to areas of diverse land use that may not reasonably be classified as either an RH-1 or RH-2 Historic District. As an overlay district, the OH District shall always be mapped in conjunction with an underlying district.
B.
Effects. The OH District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedure for zoning amendments established in Article XIX of this chapter, only in conjunction with an underlying residential or nonresidential district. When so mapped, the OH District shall apply the requirements for historic districts established in Article X of this chapter, in addition to all the requirements and limitations applicable in the underlying district.
A.
Purpose. This section creates a zoning district which
would permit the establishment of planned residential developments
(PRDs) and planned mixed-use developments (PMDs) on one or more sites
to achieve the following objectives:
(1)
A land use pattern in harmony with the objectives
of the City Comprehensive Development Plans.
(2)
A more desirable environment than would be possible
through the strict application of other land use and development regulations
of the City.
(3)
A creative use of land and related physical development
which allows an orderly transition from one land use to another.
(4)
An efficient use of land resulting in smaller networks
of utilities and streets and thereby lower development and housing
costs.
(5)
Diversification in the uses permitted and variation
in the relationship uses, structures, open spaces and height of structures
in developments conceived as cohesive unified projects.
(6)
Higher standards of site and building design through
the use of trained and experienced land planners, architects, landscape
architects and engineers.
(7)
Innovations in residential development to the end
that the growing demands for housing at all economic levels may be
met by greater variety in tenure, type, design and siting of dwellings.
(8)
The preservation and enhancement of desirable characteristics,
such as natural topography, vegetation and geologic features, and
the prevention of soil erosion.
(9)
Provision for the preservation and functional and
beneficial use of open areas.
B.
PRD standards and requirements.
(1)
Minimum project area. The minimum project area shall
be three contiguous acres of land. The City Council may, upon report
and recommendation of the Planning Commission, consider projects of
lesser acreage. In such case, the applicant shall have the burden
of establishing that the tract is of sufficient size and shape to
be planned and developed as a unified whole capable of meeting the
objectives established in this section.
(2)
Ownership. The entire tract proposed for planned residential
development shall be in single ownership or under such unified control
as to ensure that the entire tract will be developed as a unified
whole. All owners of the tract shall be included as joint applicants
on all applications, and all approvals shall bind all owners.
(3)
Location. The PRD may be created in an existing district
which permits residential uses.
(4)
Permitted uses. Permitted uses within a PRD shall
be as follows:
(a)
Residential uses: residential dwellings, including
single-family attached and detached.
(b)
Nonresidential uses: parks and playgrounds,
open space, tennis courts, swimming pools and other accessory private
recreational facilities and other accessory uses designed and intended
primarily to serve the residents of the PRD.
(5)
Residential density.
(a)
The overall project residential density shall
be determined by the Planning Commission to provide for the most appropriate
density for the project.
(b)
Where common property within the PRD is to be
dedicated to the City for public parklands, playgrounds or other similar
public recreational use, the City Council, as a condition of PRD approval,
may authorize that such dedicated common property be deemed project
area for the purpose of calculation of maximum permitted residential
density.
(c)
Maximum height: 45 feet.
(d)
Setbacks. Any side and rear setback from a contiguous
district must match the required setbacks from that district. The
Planning Commission has authority to approve other setbacks as deemed
appropriate for the development.
C.
PMD standards and requirements.
(1)
Minimum project area. The minimum project area shall
be three contiguous acres of land. The City Council may, upon report
and recommendation of the Planning Commission, consider projects of
lesser acreage. In such case, the applicant shall have the burden
of establishing that the tract is of sufficient size and shape to
be planned and developed as a unified whole capable of meeting the
objectives established in this section.
(2)
Ownership. The entire tract proposed for planned residential
development shall be in single ownership or under such unified control
as to ensure that the entire tract will be developed as a unified
whole. All owners of the tract shall be included as joint applicants
on all applications, and all approvals shall bind all owners.
(3)
Location. The PMD may be created in existing C-2,
C-3, C-4 and C-5 Districts.
(5)
Density.
(a)
The overall project residential density shall
be determined by the Planning Commission to provide for the most appropriate
density for the project.
(b)
Where common property within the PMD is to be
dedicated to the City for public parklands or other similar public
recreational use, the City Council, as a condition of PMD approval,
may authorize that such dedicated common property be deemed project
area for the purpose of calculation of maximum permitted residential
density.
(c)
Maximum height: 56 feet.
(d)
Setbacks. Any side and rear setback from a contiguous
district must match the required setbacks from that district. The
Planning Commission has authority to approve other setbacks as deemed
appropriate for the development.
D.
General standards and requirements.
(1)
Impact on neighborhood. Any planned development shall
be planned, designed and developed to be in harmony with the general
purposes of this chapter and the City Comprehensive Plan to avoid
any substantial adverse effect upon adjacent property, the character
of the neighborhood, traffic conditions, parking, utilities and other
matters affecting the public health, safety and general welfare; to
avoid any domination of the immediate vicinity or interference with
the development and use of neighboring property in accordance with
the applicable district regulations; and to avoid any destruction,
loss or damage of natural, scenic or historic features of significant
importance.
(2)
Landscaping. In all planned developments, landscaping
and screening shall be provided according to a detailed landscaping
plan. The perimeter of the PRD and PMD shall be designed and constructed
so as to ensure compatibility with surrounding uses by means of setbacks,
landscaping, screening, natural features and/or compatible buildings
and structures.
(3)
Utilities. Planned developments shall be served adequately
by, and shall not impose an undue burden upon, essential public facilities
and services, such as highways, streets, traffic control signals and
devices, parking spaces, police and fire protection, drainage structures,
refuse disposal, water and sewers, and schools. Where any such facility
or service is not available or adequate to service the PRD or PMD,
the applicant shall be responsible for establishing his ability, willingness
and binding commitment to provide such facilities and services. All
utility lines shall be placed underground.
(4)
Covenants and restrictions. All covenants, deed restrictions,
easements and similar restrictions to be recorded in connection with
a planned development shall provide that they may not be modified,
removed or released without the express consent of the City Council
and shall provide that they may be enforced by the City of Schenectady.
(5)
Common property. Common property in a planned residential
development is an area of land, together with any improvements thereon,
intended for the aesthetic, leisure and recreational use of all owners
and occupants of the planned development. Common property shall comprise
a minimum of 25% of the total land area in any planned development.
Common property shall be either public or private and shall be in
such location and configuration that shall adequately serve and be
accessible to all residents of the planned development.
(6)
Private common property. In cases of common property
maintained privately, such land shall be covenanted to the satisfaction
of the City Corporation Counsel to ensure that such areas shall not
be utilized for building sites. The planned development plans shall
include such provisions for the ownership and maintenance of such
common property and facilities as are reasonably necessary to ensure
their continuity, care, conservation, maintenance and operation in
accordance with predetermined standards and to ensure that remedial
measures will be available to the City if such common property or
facilities are permitted to deteriorate or are not maintained in a
condition consistent with the best interests of the planned development
or the City.
[Amended 3-23-2009 by Ord. No. 2009-02]
E.
Procedures. Whenever any planned residential development
is proposed, and before any contract is made for the sale of any part
thereof, before any building permit or zoning certificate shall be
granted, and before any subdivision plat may be filed in the office
of the County Clerk, the prospective developer or his authorized agent
shall apply for and secure approval of such planned development in
accordance with the procedures herein.
(1)
Application. The applicant shall file with the Zoning
Officer an application for zoning amendment to Planned Residential
Development District or Planned Mixed-Use Development District, together
with the required fee and information. On receipt of the completed
application and fee, the Zoning Officer shall transmit a copy of such
application to the City Council Community Development and Planning
Committee.
(2)
Required information. Any application for a zoning
amendment to Planned Residential Development District or Planned Mixed-Use
Development District shall contain five copies of the following information:
(a)
Site development plans drawn at a scale of not
less than one inch equals 100 feet containing the following information:
[1]
Property lines, existing and proposed, together
with the acreage of all lots, including any easements and dedications.
[2]
A map or description of the uses of land in
and adjacent to the development site.
[3]
Topographic and drainage information, including
contour intervals of not more than two feet of elevation, both existing
and proposed.
[4]
Existing natural and man-made features, including
streams, drainage improvements, wetlands, floodplains, slope over
twelve-percent grade and existing buildings and structures.
[5]
All existing and proposed elements of vehicular
and pedestrian circulation, including but not limited to roadways,
parking areas, loading areas, walkways, bike paths and parking garages.
[6]
Delineation of the location and nature of the
various residential buildings and uses, including the number, type
and size of dwelling units proposed, plus a calculation of residential
density.
[7]
The nature and location of all utilities, existing
and proposed, including water, sewer, storm drainage, public utilities
and refuse collection.
[8]
A landscaping plan showing the nature and location
of all landscaping, plantings, fencing, screening and buffers.
[9]
The nature and location of all common property,
including any structures, buildings, facilities or other improvements
proposed to be located on such property.
(b)
The name and address of the applicant, the property
owner and if the applicant is other than the property owner, evidence
of his authority to make such application.
(c)
A written statement describing how the proposed
PRD or PMD will implement the purposes set forth in this section.
This statement shall also detail the type and number of residential
dwelling units, the number of off-street parking spaces and the proposals
for the construction, operation and maintenance of all utility systems
and road improvements.
(d)
A written statement detailing the methods of
ownership, control and planning by which the proper continued operation,
perpetuity and maintenance of all common lands and facilities, structures
or buildings thereon, parking areas, walkways and utilities will be
assured.
(e)
A standard environmental assessment form shall
be completed for the project. If determined necessary, an environmental
impact statement will be prepared in accordance with the requirements
of the New York State Environmental Quality Review Act and any applicable
City environmental law.
(f)
Where the applicant proposes staging construction
over a period to two or more years, a proposed plan indicating the
staging of building construction and related improvements within the
PRD or PMD, including estimated timing of each stage, shall be prepared.
(3)
Review procedure. Review of applications for PRD or
PMD is governed by this subsection.
(4)
Final PRD or PMD development plan approval. Before any building permit or zoning certificate is issued and prior to the Official Zoning Map being revised to PRD or PMD District, the applicant shall secure final PRD or PMD plan approval of such project or stage thereof from the Planning Commission. The applicant shall make application for final PRD or PMD plan approval following the requirements and procedure established in Article XIII for site plan approval. Site plan approval, in addition to the requirements contained in Article XIII, shall also satisfy the City subdivision requirements when accompanied by a suitably drawn final subdivision plat of the project or stage thereof. The Planning Commission, in approving the final PRD or PMD plan, must find all of the following:
(a)
The final plans are in accord with the project
information submitted to the City in application for approval and
incorporate any conditions, restrictions or modifications required
by the City Council for approval.
(5)
Request for change of development plans. If in the
site design process it becomes apparent that certain elements of the
development plan tentatively approved by City Council are infeasible
and in need of modification, the applicant shall then present such
modifications to the Planning Commission as part of the final approval
process. The Planning Commission shall then determine whether or not
the modification is still keeping with the City Council zoning resolution.
If a negative decision is reached, the application for final PRD or
PMD plan approval and zoning amendment shall be considered disapproved.
In such case, the applicant may resubmit his proposal as provided
herein.
F.
Financial responsibilities.
(1)
Prior to the issue of building permit or zoning certification,
the applicant may be required to post performance bond(s) pursuant
to and in accordance with the same procedures as provided for in § 33
of New York General City Law, in sufficient amounts and duration to
assure that all street or other public places shown on the planned
development plan shall be suitably graded and paved and that street
signs, sidewalks, streetlighting standards, curbs, gutters, street
trees, water mains, fire alarm signal devices, including necessary
ducts and cables or other connecting facilities, sanitary sewers and
storm drains shall all be installed in accordance with standards,
specifications and procedures acceptable to the appropriate City departments.
(2)
Alternatively, such improvements may be installed
by the applicant in accordance with standards, specifications and
procedure acceptable to the appropriate City departments.
