Albany City Zoning Code
ARTICLE I
General Provisions
§ 375-101 Short title.
This chapter shall be known and cited as the "City of Albany Unified Sustainable Development Ordinance" or "USDO."
§ 375-102 Purpose.
This USDO is adopted in order to:
(1)
Implement the policies of the adopted Comprehensive Plan, as may be amended from time to time;
(2)
Promote economic reinvestment in the City;
(3)
Protect, preserve and improve the City's neighborhoods and promote racial and ethnic equity throughout;
(4)
Promote energy conservation, low-impact development, and environmentally sensitive development;
(5)
Ensure safety from fire, floodwaters, panic, and other dangers;
(6)
Facilitate the provision of adequate transportation, water, sanitary and storm sewers, schools, parks, and other community facilities needed to serve new and existing development;
(7)
Promote, preserve and reinforce the historic urban form and fabric of the City;
(8)
Promote, preserve, encourage, and improve the aesthetic quality of buildings and environments throughout the City; and
(9)
Promote the public health, safety, and general welfare.
§ 375-103 Authority.
This USDO is enacted pursuant to authority granted by the Albany City Charter, Articles 2-A, 3, and 5-A of the New York State General City Law, Articles 5-G, 5-J and 5-K of the New York State General Municipal Law, the New York State Municipal Home Rule Law, and the New York State Statute of Local Governments.
§ 375-104 Applicability.
(1)
This USDO shall apply to all land, buildings, structures, and uses of land, buildings, and structures in the City, unless an exemption is provided by or granted pursuant to the terms of this USDO.
(2)
Unless otherwise provided in this USDO, no building or land shall be used or occupied, and no building or structure or part of a building or structure shall be erected, moved or altered, except in conformity with the USDO regulations for the applicable zoning district and any overlay district in which it is located.
(3)
No building shall be erected or altered to exceed the height, accommodate or house a greater number of households, accommodate a larger or more intense land use than is permitted, occupy a greater percentage of lot area or have narrower or smaller rear yards, front yards, or side yards than is permitted by this USDO for the applicable zoning district and any overlay district in which the building is located. A dwelling unit can only be occupied by one household.
(4)
No part of a yard or other open space around any building required for the purpose of complying with the provisions of this USDO shall be included as a part of the yard or other open space similarly required for another building.
§ 375-105 Effective date and transition.
(1)
Effective date. This USDO shall be effective on December 30, 2021.
(2)
Violations continue. Any violation of the previous City of Albany Zoning Ordinance shall continue to be a violation under this USDO and shall be subject to the penalties and enforcement set forth in § 375-507 (Enforcement and penalties), unless the use, development, construction, or other activity complies with this USDO. Payment is required for any penalty assessed under the previous ordinance, even if the original violation is no longer considered a violation under this USDO.
(3)
Uses, structures, and lots rendered conforming. A use, structure, or lot will be deemed lawful and conforming as of the effective date of this USDO if it conforms to all requirements of this USDO.
(4)
Uses, structures, and lots rendered legally nonconforming.
(a)
When a building, structure, or lot is used for a purpose that was a lawful use before the effective date of this USDO, and this USDO no longer classifies such use as a permitted or conditional use in the zoning district in which it is located, such use shall be considered legally nonconforming and shall be controlled by § 375-506 (Preexisting development and nonconformities).
(b)
Where any building, structure, lot or site improvement that legally existed on the effective date of this USDO does not meet all standards set forth in this USDO, such building, structure, lot or site improvement shall be considered legally nonconforming and shall be controlled by § 375-506 (Preexisting development and nonconformities).
(5)
Applications commenced or approved under previous ordinances.
(a)
Pending applications.
(i)
A complete application that has been submitted for review prior to the effective date of this USDO but upon which no final action has been taken by the appropriate decisionmaking body may be the subject of a written request to the Chief Planning Official to have the application reviewed under this USDO. It shall otherwise be reviewed in accordance with the regulations in effect on the date the application was deemed complete.
(ii)
If the applicant fails to comply with any applicable required period for submittal or other procedural requirement, the application shall expire and any reapplication shall meet the standards in effect at the time of reapplication.
(b)
Approved projects.
(i)
Permits, development plans, building permits, and variances that are valid on the effective date of this USDO shall remain valid until their expiration date, but shall be completed pursuant to the regulations in effect at the time of approval.
(ii)
If an approval or permit (including any extensions) expires, future development shall comply with the requirements of this USDO.
§ 375-106 Official Zoning Map.
(1)
The location and boundaries of the zoning districts established by this USDO are shown on the official Zoning Map, which is hereby incorporated into the provisions of this USDO.
(2)
The Zoning Map, including all amendments, shall be the latest electronic version of the Map as amended by Common Council. All form-based district regulating plans contained within this USDO are part of the Zoning Map.
(3)
The Chief Planning Official shall keep the Zoning Map up-to-date as changes and amendments are made.
§ 375-107 Interpretation.
The Chief Planning Official shall be authorized to interpret the provisions of this USDO, including but not limited to the location of zoning district boundary lines, unless a different City official is specifically designated in this USDO to make a particular interpretation. Interpretations of the Chief Planning Official are subject to the procedures set forth in § 375-505(19) and to appeal to the Board of Zoning Appeals.
§ 375-108 Relationship to other regulations.
If provisions of this USDO are inconsistent with one another, with provisions of other adopted codes or ordinances of the City, or with provisions of applicable county, state, and federal laws, the more restrictive provision shall govern to the extent permitted by law. However, if standards in an overlay zoning district conflict with other provisions of this USDO, or with provisions of other adopted codes or ordinances of the City, the provisions of the overlay zoning district shall apply regardless of whether they are more restrictive or more permissive than the standards with which they conflict.
§ 375-109 Relationship to private agreements and covenants.
Nothing in this USDO is intended to supersede, annul, or interfere with any easement, covenant, or other agreement between private parties, but such private agreements shall not excuse any failure to comply with this USDO. The City shall not be responsible for enforcing private agreements.
§ 375-110 Definitions.
Definitions and rules of construction used in this USDO are in Article VI (Rules of Construction; Definitions).
§ 375-111 Severability.
If any clause, sentence, paragraph, section or part of this USDO shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Without affecting this general statement, each section of the sign regulations in § 375-409 (Signs) are specifically severable, and the invalidity of any regulation in that section shall not affect the validity or enforceability of other regulations in that section.