Albany City Zoning Code
ARTICLE III
Use Regulations
§ 375-301 General.
The permitted and conditional land uses in each zoning district are indicated in the Table 375.302.1, Permitted Use Table, below.
(1)
Table legend.
(a)
A "P" in a cell of the Permitted Use Table indicates that the use is permitted in that zoning district, subject to compliance with any use-specific standards listed in the right-hand column of that line of the table.
(b)
A “C” in a cell of the Permitted Use Table indicates that the use is permitted only after a conditional use permit has been obtained pursuant § 375-505(6) (Conditional use permit) and subject to any use-specific standards listed in the right-hand column of that line of the table.
(c)
An "A" in a cell of the Permitted Use Table indicates that the use is permitted as an accessory use only in support of a permitted or conditional use on the site; except that in the case of a wireless telecommunications antenna where the antenna need only be accessory to a structure on the property. An accessory use must be located on the same lot as a principal or conditional use, may not exist before the lot contains an approved principal or conditional use, and may not exist after the termination of all principal or approved conditional uses, unless otherwise provided in this USDO.
(d)
A "T" in a cell of the Permitted Use Table indicates that the use is permitted as a temporary use, subject to any use-specific standards for that use. A permit is not issued for each temporary use, but a building permit (or inclusion in a building permit for a principal structure) is required for a temporary construction office or yard and for a temporary real estate sales/leasing office.
(2)
Multiple uses. A development or structure may include multiple principal uses, including a combination of residential and nonresidential uses, provided that each use is either a permitted or conditional use in that zoning district, that a conditional use permit is obtained for any conditional use, all use-specific standards applicable to each use are met, and the development complies with all applicable density, dimensional, impervious lot coverage, development, and performance standards.
(3)
Unlisted uses.
(a)
Procedure.
(i)
When a proposed land use is not explicitly listed in Table 375.302.1 (Permitted Use Table) below, the Chief Planning Official shall determine whether or not it is included in the definition of a listed use or is so similar to the type of service or activity provided by another listed use and is so consistent with the size, scale, operating characteristics, and external impacts of a listed use that it should be treated as the same as a listed use.
(ii)
In making a determination, the Chief Planning Official shall consider type of service or activity, size, scale, relevant federal, state or municipal licensure requirements, operating characteristics, scale, character, noise levels, traffic impacts, storm drainage impacts, noise levels, parking needs, utility demands, and other potential impacts of the proposed use on surrounding properties.
(iii)
Should the Chief Planning Official determine no similar use is listed within this USDO, they shall have the right to delay making a determination and to propose the addition of a new use to Permitted Use Table through an amendment to this USDO as described in § 375-505(20) (Amendments to Zoning Map or USDO text).
(iv)
Should the Chief Planning Official determine that the use is included in the definition of a listed use or is so consistent that it should be treated as the same as an existing use within this USDO, they shall issue a proposed determination expressly stating the rationale for how the proposed use is similar or the same based upon the above criteria.
(v)
Notice of proposed determination. The Chief Planning Official shall post the proposed determination on the Planning Department’s web page, shall provide electronic notification to the Common Council and other parties who have signed up to receive such notifications, and shall provide mailed notice to the owner of the subject property and relevant business, and to the owners of any property with a property line within 200 feet of the property line of any property at which the proposed new use is expressly expected to be located.
(b)
Appeal.
(i)
Such proposed determination shall be referred to the Board of Zoning Appeals and shall not be final until the Board of Zoning Appeals has ruled on such matter if within 14 days of the transmittal of the notice of the Chief Planning Official’s proposed determination:
A.
A majority of the Members of the Common Council sign and submit a letter to the Chief Planning Official objecting to the determination and requesting referral to the Board of Zoning Appeals; or
B.
Ten or more residents of the City of Albany sign and submit a letter jointly or individually to the Chief Planning Official objecting to the determination and requesting referral to the Board of Zoning Appeals.
(ii)
The Board of Zoning Appeals shall apply the criteria the same criteria as set forth in § 375-301(3)(a) above and make a determination regarding the proposed determination stating the facts and rationale for its decision which shall be posted and mailed in the same manner as set forth in paragraph Subsection (3)(a)(v) above and shall be binding on future decisions of the City until the Chief Planning Official makes a different determination or this USDO is amended to treat the use differently.
(iii)
If within 14 days of such determination being referred to the Board of Zoning Appeals a member of the Common Council submits legislation for introduction at the next meeting of the Common Council, the review of the Board of Zoning Appeals shall be stayed for a minimum of 60 days.
(c)
If no objections are filed with the Chief Planning Official in accordance with § 375-301(3)(b)(i) or (ii) above, the interpretation shall be final and binding on future decisions of the City until the Chief Planning Official makes a different interpretation or this USDO is amended to treat the use differently.
(4)
Required federal, state and municipal licenses or permits. All uses that are required by the State of New York, the federal government, a municipal government, or by another public or quasi-public regulatory agency to have an approval, license, or permit to operate are required to have that approval, license, or permit in effect or an application pending before the appropriate government or quasi-government agency at the time that an application is submitted for a permit or approval, and shall have such approval, license, or permit in effect at all times when the use is operating. The failure to have all needed approvals, licenses, or permits in effect during operations is a violation of this USDO.
(5)
Prohibited uses.
(b)
Natural gas exploration.
(i)
No person, firm or corporation shall conduct any exploration for natural gas; drill any well for natural gas; transfer, store, treat, or dispose of natural gas exploration or production wastes; or erect any derrick, building, or other structure or place any machinery or equipment for such purpose within the territorial boundaries of the City of Albany.
(ii)
The storage, transfer, treatment and/or disposal of natural gas exploration and production wastes are hazardous wastes within the meaning of this Code. No person, firm or corporation shall engage in the storage, transfer, treatment and/or disposal of natural gas exploration and production wastes within territorial boundaries of the City of Albany. No permit issued by any state or federal agency, commission or board to any person, firm or corporation, which would violate the prohibitions of this section, shall be deemed valid within the City of Albany.
§ 375-302 Permitted Use Table.
[Amended 4-4-2022 by Ord. No. 5.22.22; 11-25-2023 by Ord. No. 29.71.23; 8-5-2024 by Ord. No. 10.42.24; 8-5-2024 by Ord. No. 3.21.24; 3-17-2025 by Ord. No. 65.111.24; 9-4-2025 by Ord. No. 68.121.24]
(1)
General.
(a)
All uses shall comply with City ordinances regulating noise, odors, vibration, glare, heat, and other nuisance-generating conditions negatively affecting other properties, as well as the requirements of § 375-410 (Operating and maintenance) unless specifically exempted from one or more of those requirements.
(b)
In addition to any other applicable regulations, the following use-specific standards shall apply where the particular section is referenced in the rightmost column of Table 375.302.1 (Permitted Use Table).
(2)
Residential uses.
(a)
Household living.
(i)
Dwelling, single-unit detached.
(Reserved) |
(ii)
Dwelling, two-unit detached.
(Reserved) |
(iii)
Dwelling, three-unit detached.
(Reserved) |
(iv)
Dwelling, townhouse.
(Reserved) |
(v)
Dwelling, live-work.
A.
The building may be used as both a dwelling and a business that does not qualify as a home occupation being conducted by a resident of the building, but shall not include the following business activities:
1.
Any lodging use;
2.
Any motor vehicle-related use;
3.
Animal agricultural or animal-related use;
4.
Any food, beverage, or indoor entertainment use;
5.
Adult retail;
6.
Liquor store;
7.
Funeral home or crematorium;
8.
Outdoor storage as a principal use; or
9.
Any industrial use except artisan manufacturing.
B.
Portions of the structure used for residential and nonresidential uses shall have a connection between them located inside the building.
C.
In residential zoning districts, a wall sign no more than two square feet in size and located no higher than the first story of the building is permitted.
(vi)
Dwelling, multi-unit.
A.
Any multi-unit dwelling containing more than 20 dwelling units:
B. 
In the area bounded by Myrtle Avenue, Lark Street a perpendicular line drawn 100 feet southerly of the Madison Avenue right-of-way, and the rear boundary of lots fronting on New Scotland Avenue, this use is only permitted in a new structure constructed after June 1, 2017.
(b)
Group living.
(i)
Assisted living facility or nursing home.
(Reserved) |
(ii)
Community residential facility.
A.
A facility housing more than eight unrelated individuals receiving services, plus those providing services, is permitted only in the R-M, R-V and mixed-use zoning districts.
B.
A facility that would otherwise qualify as a community residential facility but that houses more than 14 unrelated individuals receiving services shall be considered a group living, other use, but shall not be subject to the minimum spacing requirements in § 375-303(2)(b)(iv).
C.
Notwithstanding other provisions of this USDO, in those zoning districts where community residential facilities are permitted uses, the dimensional and design standards applicable to a facility occupied by or constructed for those uses shall be the same as those dimensional and design standards applicable to the type of structure being constructed or occupied (e.g., single-unit detached, two-unit detached, townhouse, or multi-unit) if it were occupied by a household living use.
(iii)
Dormitory.
A.
There shall be at least 150 square feet of gross floor area for the first occupant and at least 100 additional square feet of gross floor area for every additional occupant, the gross floor area to be calculated on the basis of total habitable room area.
B.
A resident manager who lives on site shall be employed or appointed in a full- or part-time capacity.
C.
Kitchen facilities, common areas for meeting and social space, or handicap accessibility may be expanded by 10% of the gross floor area or 1,000 square feet, whichever is less, without securing or modifying a conditional use permit if current parking standards are met.
(3)
Civic and institutional uses.
(a)
Cemetery.
(i)
Cemeteries shall meet the Green Burial Council’s standards for natural burial grounds or conservational burial grounds.
(b)
Club.
(i)
Any food, beverage, and consumption service provided by a club, including alcohol, shall be served on the premises and limited to dues-paying members and their guests.
(ii)
A copy of the club charter and a list of all dues-paying members shall be submitted with an application and kept on file with the City of Albany. The club must keep and maintain an updated list of dues-paying members at all times.
(c)
Community center.
(Reserved) |
(d)
Cultural facility.
(Reserved) |
(e)
Day-care center.
(Reserved) |
(f)
Higher education institution.
(Reserved) |
(g)
Hospital.
(Reserved) |
(h)
Natural area or preserve.
(Reserved) |
(i)
Park or playground.
(Reserved) |
(j)
Police or fire station.
(Reserved) |
(k)
Public utility or services, major.
(Reserved) |
(l)
Public utility or services, minor.
(Reserved) |
(m)
Religious institution.
(Reserved) |
(n)
School.
(Reserved) |
(o)
Stadium or arena.
(Reserved) |
(p)
Towers.
(i)
Towers and associated antennas shall meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), Federal Communications Commission (FCC) and any other state or federal agency with the authority to regulate communications antennas and towers. Should such standards or regulations be amended, such devices and structures shall be brought into compliance with the revised standards or regulations within the time period mandated by the controlling agency.
(ii)
Towers and associated antennas shall be protected from unauthorized access by appropriate security devices. A description of proposed security measures shall be provided as part of any application to install, build or alter antennas or towers.
(iii)
Towers and associated antennas shall not be lighted unless required by the FAA or other state or federal agency with authority to regulate, in which case a description of the required lighting scheme shall be made a part of any application to install, build or alter the antenna or tower.
(iv)
Placement of advertising signage on towers and associated antennas is prohibited.
(v)
Towers shall be structurally and mechanically capable of accommodating the antenna or array of antennas of more than one provider based upon the tower heights.
(vi)
All applications for collocation of additional antennas on an existing structure that constitute an "eligible facilities" request, and that do not constitute a "substantial change" to the existing structure, as those terms are defined in federal law, shall be approved by the City administratively within 60 days after receipt of an application for such collocation.
(vii)
When rendering its decision on a conditional use permit for a new tower, the person or entity responsible for making a decision may allow an increase in height as required to allow effective functioning of the equipment, as required by the Federal Telecommunications Act.
(viii)
Towers shall maintain a galvanized steel finish or, subject to the requirements of the FAA or any applicable state or federal agency, be painted a neutral color consistent with the natural or built environment of the site.
(ix)
Equipment shelters, cabinets and guy anchors shall be screened from view by a permanent screen consisting of an architecturally compatible masonry wall, wood fence, landscaping material, or combination thereof, at least eight feet in height and achieve an opacity of 80% year round.
(x)
Towers shall be separate from any off-site residential structure, or the boundary of any residentially zoned property lot by a distance equal to the height of the tower.
(xi)
Ground anchors of guyed towers shall be located on the same parcel as the tower and meet the setbacks of the applicable zoning district. All such wires shall be visible and protected at ground level.
(4)
Commercial uses.
(a)
Agriculture and animal-related.
(i)
Agriculture, urban.
A.
Greenhouses, hoop houses, cold frames, storage sheds, and other accessory structures are limited to a maximum height of 12 feet, and shall be set back at least five feet from any abutting lot with an occupied residential use.
B.
The cumulative area covered by structures more than four feet above grade shall not exceed 25% of the site (for a principal use) or 25% of the side yard or rear yard area in which the structures are located, and which are not already occupied by an accessory structure (for an accessory use).
C.
Operation of power equipment or generators is not permitted in residential zoning districts other than on a temporary emergency basis, or for routine maintenance. In those zoning districts where they are permitted, operation of power equipment or generators may occur between 7:00 a.m. and no later than 10:00 p.m.
D.
Sales of products grown on site is permitted on site, provided that the structure used for sales is no larger than 100 square feet and is not located in a required front setback area.
E.
Food products may be grown in soil present on the site if:
1.
The City determines through Sanborn Insurance maps or other maps, deeds, prior permits or a combination of those sources that the site has only been put to residential or agricultural use in the past; or
2.
A composite sample of the soil, consisting of no fewer than five individual subsamples from zero to six inches in depth collected from throughout the site or proposed growing area, has been tested by a laboratory certified by the State of New York Environmental Laboratory Approval Program for lead content using the appropriate method and that lead content of the sample is less than 200 ppm; or
3.
For sites or growing areas less than one acre in size, five individual samples of the soil from zero to six inches in depth collected from throughout the site or proposed growing area are tested for the metals arsenic, barium, cadmium, chromium, copper, lead, mercury, nickel, and zinc, and their concentrations are determined to be at or below the thresholds listed in the table in § 375-303(4)(a)(i)F below, as amended. For sites or proposed growing areas from one to two acres in size, 10 samples shall be tested; for sites two to three acres in size, 15 samples shall be tested. All results and a map showing sampling locations within the site shall be provided to the City; or
4.
As an alternative to meeting the standards below, the site may be used for growing food products if clear soil (as established by testing or other means) 12 or more inches deep is added (e.g., in raised beds) to any portion of the site to be used for that purpose with an underlayment of landscape fabric at least 22 mm thick, and any adjacent pathways and any exposed soil are covered with grass, ground cover, mulch, clean soil and/or landscape fabric.
F.
Soil shall be tested by a laboratory certified by the State of New York for metal content using the appropriate method. Gardening may be conducted if the test results for all samples and all metals are below the levels identified in the following table. Note that New York State Residential Soil Cleanup Objective values listed below may be amended from time to time, and the latest levels should be used.
Metal Name | New York State Residential Soil Cleanup Objectives (parts per million) |
|---|---|
Arsenic | 16 |
Barium | 350 |
Cadmium | 2.5 |
Chromium | 36 |
Copper | 270 |
Lead | 400 |
Mercury | 0.81 |
Nickel | 140 |
Zinc | 2,200 |
(ii)
Plant nursery.
(Reserved) |
(b)
Food, beverage, and consumption service.
(i)
Bar or tavern.
(Reserved) |
(ii)
Cannabis consumption site.
(Reserved) |
(c)
Guest accommodations.
(i)
Bed-and-breakfast.
A.
No alteration to either the exterior or the interior of any principal or accessory structure shall be made to change the character and appearance of the residential premises.
B.
No more than seven guest rooms shall be allowed in the R-1L, R-1M, R-2, and R-T Zoning Districts.
C.
Guest(s) may not stay at the bed-and-breakfast for a period exceeding 14 consecutive days.
(d)
Office and services.
(ii)
Blood plasma center.
A.
A blood plasma center must be at least 1,000 feet from the nearest boundary line of a lot with a household living use, a group living use, a religious institution or a school or a park.
B.
All equipment, samples and products must be stored inside the building.
C.
A blood plasma center must provide and follow a management plan for handling litter, indoor queuing, security and loitering.
D.
A blood plasma center shall include a waiting and departure lounge sufficient in size, but a minimum of 1,000 square feet, to accommodate all scheduled donors within one hour of their appointment and one hour after, as well as any anticipated drop-in customers. Such waiting areas shall include restroom facilities and be open at least one hour prior to the opening of the center for the use of waiting patrons.
E.
A blood plasma center shall continuously comply with all applicable laws and regulations for safe disposal of blood products and human tissue and shall provide and follow written protocols for such compliance. Facilities shall continuously comply with all applicable licensing and certification requirements, including those of the Albany County and New York State Health Departments.
(iii)
Commercial food preparation.
A.
Where this use occupies a shopfront space in the MU-NE, MU-NC, MU-CU, MUDT, MU-FC, MU-FS or MU-FM districts, it must contain a food service or retail component for on-site sales.
(iv)
Funeral home.
(Reserved) |
(v)
Laboratory or research facility.
A.
If a laboratory or research facility use involves dangerous or hazardous materials and/or procedures subject to federal or state safety regulations, then a conditional use permit shall be required.
(vi)
Medical clinic.
(Reserved) |
(vii)
Office, general.
A.
If an office use involves dangerous or hazardous materials and/or procedures subject to federal or state safety regulations, then a conditional use permit shall be required.
B.
If the use includes the selling or providing of transportation services, it shall include an inside waiting area large enough to accommodate all passengers expected to be awaiting transportation and shall include an off-street loading area large enough to accommodate all vehicles providing transportation. Loading of transportation vehicles larger than a passenger car or light truck on the public right-of-way shall not be permitted.
(viii)
(ix)
Professional office.
(Reserved) |
(x)
Trade school.
(Reserved) |
(e)
Recreation and entertainment.
(i)
Adult entertainment.
A.
Adult entertainment uses shall be located at least 1,000 feet from a religious institution, a school, a residential zoning district or a park, playground or playing field.
B.
Adult entertainment uses shall be located at least 1,000 feet from another adult entertainment use.
C.
Adult entertainment uses shall not exceed 10,000 square feet of gross floor area.
(ii)
Indoor recreation or entertainment.
A.
A conditional use permit is required for any indoor recreation or entertainment use that is to be located adjacent to a residential zoning district and will exceed 3,000 square feet gross floor area.
B.
A conditional use permit is required for any indoor recreation or entertainment use that will exceed 15,000 square feet gross floor area.
(f)
Retail.
(i)
Adult retail.
A.
Adult retail uses shall be located a minimum of 1,000 feet from a religious institution, school, residential zoning district, park or playground.
B.
Adult retail uses shall be located a minimum of 1,000 feet from another adult entertainment or adult retail use.
C.
No adult retail use shall exceed 10,000 square feet of gross floor area.
(ii)
Cannabis dispensary.
A.
Cannabis dispensaries shall comply with all regulations and standards as provided in the New York State Cannabis Law, and any prevailing regulations that New York State may enact.
B.
No cannabis dispensary shall operate before 8:00 a.m. or after 10:00 p.m.
(iii)
Controlled substance dispensary.
A.
Methadone dispensary.
1.
This facility shall not be permitted in locations where its busiest hours of operation would cause significant congestion on any public street at peak traffic hours, as determined by the Albany Police Department, unless the facility enters into an agreement with the City to schedule or limit hours of operation to avoid such significant traffic congestion.
(iv)
Convenience retail.
A.
No convenience retail use shall be located within 1,000 feet of another convenience retail use.
B.
The owner of the property shall keep on file with the Albany Police Department and the Department of Buildings and Regulatory Compliance the following information, and shall keep the information provided to those departments current at all times:
1.
The name, address, telephone, and electronic notice information of the owner of the property and the operator of the convenience store (if it is not the property owner).
2.
If the property owner resides more than 30 miles away from the property, the name, address, telephone, and electronic notice information for a designated local contact located closer to the property and authorized to accept and respond to any complaints about the operation of the property or business.
C.
Any use established or first occupying a property after June 1, 2017, shall be required to comply with the following standards before a certificate of occupancy will be issued. Any use established or first occupying a property before June 1, 2017, shall be required to comply with the following standards within two years after June 1, 2017.
1.
Install a surveillance camera system with at least three cameras: one overlooking the cash register; one overlooking each public entrance to the convenience store; and one overlooking any on-site parking area. Cameras shall be operational 24 hours of each day or shall be triggered by motion detectors; recordings shall include the date and time the image was taken, and shall be retained for at least 30 days after each image is taken. Only the owner and facility operator shall have access to the recorded images.
2.
Install a drop safe bolted to the floor near the cash register in a location visible by the security camera overlooking the cash register.
3.
The building or site shall be designed to allow a clear line of site from the public right-of-way to each cash register area, and that clear line of site shall remain unobstructed by goods, materials, shelves, or anything hung from the ceiling or attached to a window or door.
4.
Install trash receptacles in locations that are not visible from public rights-of-way.
5.
Install signage near the front entrance (no larger than one square foot) that reads: "No Loitering."
6.
The exterior of the premises shall be kept free of vending machines, merchandise and open storage.
7.
Ensure that in compliance with § 375-409(7)(a)(iv), window signs do not obstruct more than 15% of any individual window, or collectively more than 10% of the window area on any story of the building, exclusive of any notices required by federal, state, or local law.
8.
All original window openings must be transparent and comply with Subsection (4)(f)(ii)C3 and 7 above.
9.
Remove all litter from the premises, public sidewalks, curbs and alleys along the perimeters of the property, at least once each week.
10.
Any convenience retail disallowed under the provisions of § 375-507(5) shall not be reestablished within one year or closure and shall require a conditional use permit to be reopened.
(v)
General retail.
A.
Merchandise may not be displayed, stored, or offered for sale on any yard adjacent to a residential district or within a public right-of-way.
(vii)
Specialty retail.
(Reserved) |
(viii)
Supermarket.
(Reserved) |
(g)
Vehicles and equipment.
(i)
Automobile wash.
A.
This use shall be located a minimum of 400 feet from a residential zoning district.
B.
In addition to meeting the standard off-street parking and loading requirements, the establishment shall provide at least three off-street automobile waiting spaces on the lot in the moving lane to the automobile washing building entrance so as to reduce the number of automobiles waiting in the public right-of-way.
(ii)
Dispatch service.
(Reserved) |
(iii)
Freight truck terminal.
(Reserved) |
(iv)
Heavy vehicle and equipment sales, rental and servicing.
(Reserved) |
(v)
Light vehicle sales or rental.
(Reserved) |
(vi)
Light vehicle servicing.
A.
All repair and service operations shall be performed within a fully enclosed building.
B.
No motor vehicles shall be stored and no repair work shall be conducted within a public right-of-way.
C.
In any zoning district, and notwithstanding any provision of § 375-406(7) (Walls and fences) and § 375-406(8) (Screening of service areas and equipment) to the contrary, the use shall be screened along the side and rear lot lines by an opaque wall or fence of at least six feet in height and no more than eight feet in height.
(vii)
Parking lot, surface.
A.
This use must meet all requirements for location, layout, and design of parking lots in § 375-405 (Parking and loading).
B.
In those districts where a conditional use permit is required, it shall be only in those cases where the parking lot use is to be established as the principal use of the land. A conditional use permit shall not be required where parking is to be established as an accessory use.
C.
In the MU-CU Zone District, no conditional use permit shall be approved unless it is determined that the proposed parking lot:
1.
Responds to a demonstrable parking need of the use or uses of a nearby property to be served, as evidenced by factors, including, but not limited to, recent or proposed investment in and improvements to the nearby property that will result in or has resulted in increased tenancy or patronage, and whether the use has otherwise provided the minimum parking required pursuant to § 375-405(2)(a) or is anticipated to be used by other nearby properties;
2.
The closest lot line for the proposed parking lot is no more than 300 feet from a lot line of the property to be served;
3.
The property or properties to be used for the parking lot have been vacant or under utilized for at least five years and have no other immediate prospects for development;
4.
For properties with a depth of 100 feet or greater, is designed in such a way that it does not foreclose the possibility of liner buildings being constructed along any street frontages, to the greatest degree practicable; and
5.
Does not result in the demolition of buildings or structures having an economically viable use or reuse, as determined pursuant to the provisions of § 375-505(7) (Demolition review) or a § 375-505(4) Major certificate of appropriateness, whichever applies.
(ix)
Transit facility.
(Reserved) |
(x)
Vehicle fueling station.
A.
Only one right-of-way access location per street frontage is permitted.
B.
All exterior light sources must be stationary and shielded, or recessed within the roof canopy, directed downward and away from adjacent residential districts and public streets.
C.
If this use includes convenience retail activities, it shall be subject to those use-specific standards in § 375-303(4)(f)(ii) (Convenience retail).
(5)
Industrial uses.
(a)
Commercial services.
(i)
Crematorium.
(Reserved) |
(iii)
Self-storage facility.
A.
All storage shall be kept within an enclosed building.
B.
Where the site is adjacent to a residential zoning district, a permanent screen shall be required and shall conform to the provisions § 375-406 (Landscaping, screening and buffering).
C.
Storage of feed, fertilizer, grain, soil conditioners, pesticides, chemicals, explosives and other hazardous materials, asphalt, brick, cement, gravel, rock, sand and similar construction materials, inoperable vehicles, or bulk storage of fuels is prohibited.
D.
The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances and other similar equipment shall be prohibited, other than for the repair and maintenance of the facility itself.
E.
In all zoning districts except the MU-CH, I-1, and I-2 Districts, this use must be conducted in a facility where access to individual storage units is from an internal hallway or walkway. The facility shall not permit individual storage units to be accessed through doorways or garage doors accessed from outside a principal or accessory building; however, the facility may include garage doors allowing access to internal vehicle loading/unloading areas that do not serve as storage areas.
(iv)
Storage and wholesale distribution.
A.
Aboveground installations shall be enclosed within a chain-link fence with a minimum height of six feet and a minimum of two gates on opposite ends.
B.
All outdoor storage facilities shall be enclosed by a solid fence or wall six feet in height and not less than 10 feet from each lot line adequate to conceal such facilities and the contents stored from adjacent properties.
C.
No materials or wastes shall be deposited on any premises in a manner that they may be transferred off such premises by natural causes or forces.
D.
All materials or wastes that might cause fumes, dust, that constitute a fire hazard, or that may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed, weather-tight containers.
E.
Storage of inflammable, explosive liquids and gases, including but not limited to liquefied petroleum, shall comply with the New York State Uniform Fire Prevention and Building Code, and shall require the approval of the Albany Fire Department (in addition to compliance with all other provisions of this USDO).
F.
In all other respects, the standards as set forth in Standard No. 58 of the National Fire Protection Association shall apply to this use.
G.
Outdoor storage shall only be permitted within the I-1 and I-2 Zoning Districts and shall comply with the screening standards in § 375-406 (Landscaping, screening and buffering).
H.
This use may not be located in areas where truck access to or from the property is through local streets.
(b)
(6)
Accessory uses.
(a)
Accessory dwelling unit.
(i)
This use shall be accessory to a single-unit dwelling.
(ii)
The property owner shall occupy either the primary or the accessory dwelling unit as their primary residence and certify such occupancy biennially with the Department of Buildings and Regulatory Compliance.
(iii)
On lots containing an accessory dwelling unit, neither the primary nor accessory dwelling unit may be made available for rent by guests for less than 30 consecutive days where the unit is offered for tourist or transient use.
(iv)
No more than two dwelling structures, including structures containing an accessory dwelling unit, may be permitted on a single lot.
(v)
For the purpose of providing adequate fire protection access, the distance from the nearest street frontage to the center of the rear wall of the accessory dwelling unit shall not exceed 150 feet of travel distance.
(vi)
An accessory dwelling unit shall not exceed 800 square feet of gross floor area.
(vii)
A detached accessory dwelling unit shall not occupy more than 30% of the rear yard.
(viii)
A detached accessory dwelling unit shall not exceed the height of the principal dwelling structure or 24 feet, whichever is less.
(ix)
An attached accessory dwelling unit shall be subject to the same setback, height and impervious lot coverage regulations as the primary structure.
(x)
A detached accessory dwelling unit shall be subject to the same setback regulations as accessory structures.
(xi)
An accessory dwelling unit, whether detached or attached to a primary dwelling structure, may be directly accessed from an alley, but shall not be accessed via a driveway separate from that serving the primary dwelling structure.
(xii)
When an accessory dwelling unit is attached to a principal dwelling structure, only one entrance structure may face the front lot line.
(xiii)
An existing accessory structure whose height, setbacks, or impervious lot coverage do not meet the requirements of a dwelling in its zoning district may be converted into an accessory dwelling unit, but the structure may not be altered in any way that increases the noncompliance.
(xiv)
Mobile homes, trailers, or other wheeled and transportable structures may not be used as an accessory dwelling unit.
(b)
Alternative energy generation equipment.
(i)
Installations of solar energy equipment in the MU-NE, MU-NC and residential zoning districts shall comply with the following requirements:
A.
Placements of solar collectors on a gabled, hipped, or mansard roof shall be mounted parallel to and no more than 12 inches from the roof surface, and shall not extend more than 18 inches above the maximum permitted building height in the zoning district.
B.
Placement of solar collectors on flat roofs shall be allowed in nonhistoric districts, provided that panels do not extend more than 18 inches above the maximum building height permitted in the zoning district, or 18 inches above the existing structure, whichever is less.
C.
Installations in designated historic districts shall require a certificate of appropriateness from the Historic Resources Commission under § 375-505(4) (Certificate of appropriateness).
D.
Installations of rooftop and building-mounted solar energy equipment in all other districts shall be permitted as an accessory use.
E.
Building-integrated photovoltaic (BIPV) systems shall be permitted in all districts subject to all necessary permit and Building Code requirements.
F.
Solar energy equipment shall be located in a manner to minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors.
(ii)
(iii)
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment no later than 90 days after the end of the twelve-month period.
(iv)
Wind energy-generating equipment may be installed in the side or rear yard area of any lot in the MU-CI, I-1, and I-2 Zoning Districts, may extend up to 30 feet above the maximum permitted building height in those districts, and shall be set back from structures on adjacent lots a distance at least equal to the height of the wind energy-generating equipment.
(v)
Wind energy-generating equipment may be installed in the rear yard area of any lot in any district other than the MU-CI, I-1, and I-2 Zoning Districts, but are subject to the requirements of § 375-401 (Dimensional standards) or § 375-402 (Form-based zoning standards), as applicable, and shall be set back from structures on adjacent lots a distance at least equal to the height of the wind energy-generating equipment.
(c)
Cabaret.
(i)
Dancing and/or the use of a disc jockey (DJ), karaoke machine, or live music entertainment that is amplified and/or performed by three or more people is permitted only where an establishment has sought and obtained a cabaret license from the City Clerk as set forth in Chapter 111 of the City Code.
(e)
Customary accessory uses and related structures.
(i)
All customary accessory uses and structures must be clearly subordinate to the primary structure(s) and principal use(s) on the property.
(ii)
All customary accessory uses and structures shall comply with all dimensional regulations (i.e., building height, lot coverage, and setbacks) applicable to the primary structure(s) on the property unless this USDO provides a specific exception to those regulations.
(iii)
In any residential zoning district, a detached accessory structure shall not occupy more than 30% of a rear yard.
(iv)
A driveway to provide access to premises in commercial or industrial districts shall not be permitted through residential districts.
(f)
Day-care home.
(i)
No more than 10 children unrelated to the operator shall be kept on the premises. Up to three additional children over the age of two may be kept for up to two hours per day. Up to three additional school-age children may be kept on unscheduled days of school closings; provided that at no time shall more than 13 children unrelated to the operator be kept there at one time.
(ii)
The use shall be located in a dwelling used by the operator as their primary residence.
(iii)
The operator shall not employ more than one full-time (40 hours per week) assistant who does not reside on the premises or more than two half-time (20 hours per week) assistants who do not reside on the premises.
(iv)
No advertising or identification sign shall be placed on the premises.
(g)
Delivery service.
(i)
Businesses shall provide at least one off-street parking space per delivery vehicle or shall secure one dedicated on-street parking space per vehicle where approved by the City.
(h)
Drive-in or drive-through facility.
(i)
In addition to complying with all requirements for design, layout, and vehicle stacking distances in § 375-405 (Parking and loading), any menu boards or order stations that are not attached to the primary building shall be oriented so that light and sound impacts are directed away from any adjacent lot in a residential zoning district.
(i)
Electric vehicle charging station.
(Reserved) |
(j)
Home occupation.
(i)
The home occupation shall be located in the primary dwelling structure, or in an approved accessory building on the same lot, and shall not use more than 25% of the gross floor area of the dwelling unit or 500 square feet, whichever is less.
(ii)
The home occupation shall only be operated by the person or persons maintaining the primary dwelling structure as their primary residence. For purposes of this provision only, "person" shall be limited to a natural person and shall not include any corporation, partnership, firm, association, joint venture, or other similar legal entity.
(iii)
An approved home occupation shall automatically expire at such time as the operator no longer maintains the primary dwelling structure in which the home occupation is located as their primary residence.
(iv)
The home occupation use shall not display or create outside the building any evidence of the home occupation, except that one unanimated, nonilluminated flat or window sign having an area of not more than one foot shall be permitted inside or affixed to the building on each street front of the lot on which the building is situated.
(v)
The home occupation shall not be conducted or advertised in a manner that generates a substantially greater volume of vehicular and pedestrian traffic than normally occurs in the residential district in which the home occupation is located.
(vi)
No more than one employee or assistant in addition to the home occupant may be engaged on the premises in the home occupation at any given time. No other partner, principal or professional may be employed on site.
(vii)
No alteration of the principal building shall be made that changes the character and appearance of the dwelling.
(viii)
There shall be no outdoor storage of equipment or materials used in the home occupation.
(ix)
Not more than one commercial vehicle shall be permitted in connection with any home occupation and shall be stored in an enclosed garage.
(x)
No mechanical, electrical or other equipment that produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.
(xi)
If the home occupation produces any visible or audible impacts beyond the lot line on which it is located (including arrival and departure of delivery vehicles), the portion of the occupation generating the visible or audible impacts shall only operate between 8:00 a.m. and 8:00 p.m.
(xii)
The following activities are not permitted as home occupations:
A.
Automobile, vehicle, small engine, or heavy equipment repair or storage.
B.
Dog grooming, care or boarding.
C.
Custom sign shop.
D.
Any business where the majority of revenue is from retail sales of goods to patrons who visit the premises to choose, purchase, or pick up those goods.
E.
Any business that requires delivery of goods or materials, or shipping of finished goods, in a truck with a gross vehicle weight over 10,000 pounds, or that generates more than 10 visits by a delivery truck of any size per week.
(k)
Rain barrel.
(Reserved) |
(l)
Satellite dish.
(i)
The installation of satellite receiver dishes up to one meter in diameter is permitted in any zoning district, provided that the following conditions are met:
A.
Satellite dishes mounted on buildings or structures may not be installed on a street-facing facade of a building or structure unless such placement is required for reception of an acceptable signal, according to a written statement from a licensed, authorized installer on company letterhead that includes the installer’s signature.
B.
Satellite dishes mounted on the ground shall comply with setback requirements for accessory structures and shall be installed in a rear yard unless location in a side yard is required for proper functioning of the dish, in which case the satellite dish may be installed in a side yard or setback area.
C.
All satellite dishes must be of a neutral color, such as white or grey, or must be covered by a neutral color covering.
D.
No satellite dish shall be installed on a portable or movable structure, such as a trailer.
E.
No satellite dish antenna shall be visible between ground level and six feet above ground level from any public right-of-way abutting the lot. They shall be screened from view by a six-foot-high wood fence, wall, or by natural evergreen vegetation. Berms may be employed in conjunction with the landscaping plan.
(ii)
Satellite dish antennas not in active service must be removed within 30 days of ending the service subscription. Proof of active service is demonstrated by a current invoice, or active contract, demonstrating such service to be in effect.
(m)
Sidewalk or outdoor cafe.
(i)
Cafes located within 300 feet of a residential district shall not be open for business before 8:00 a.m. and shall close by 11:00 p.m.
(ii)
Where Subsection (6)(m)(i) above does not apply, sidewalk or outdoor cafes located in nonresidential zoning districts shall not be open for business before 6:00 a.m. and shall close by 2:00 a.m., unless Article II, (Zoning Districts) establishes different hours of operation for nonresidential uses, in which case the provisions of Article II shall apply.
(iii)
Sidewalk or outdoor cafes shall not use music or noise amplification devices, and no music or entertainment of any type is permitted outdoors.
(iv)
No outdoor cooking of any type is permitted in sidewalk or outdoor cafes.
(v)
For sidewalk or outdoor cafes occupying a City property or right-of-way:
A.
A revocable right-of-way privilege must be obtained pursuant to § 375-505(18).
B.
All fixtures, except for a canopy, awning, or shade sail, and furnishings must be of a temporary nature, and must be brought in and stored or stacked and secured during nonoperational hours.
C.
No objects, except a retractable awning, canopy, shade sail, and lighting fixtures, may be permanently attached to the exterior.
D.
All planters, railings and fences must be temporary, unless allowed otherwise by license from or other agreement with the City, and must not exceed a height of four feet.
E.
Each business under this Subsection (6)(m)(iv) operating within outdoor space on public property must maintain five feet clear along the sidewalk for pedestrian passage. This measurement is made from the outermost point of the permanently affixed portion of the café to, at a maximum, a distance of five feet beyond the inner edge of the curb, excluding brick or grass carpets, United States mailboxes, fire hydrants, bus shelters, and street trees. The Chief Planning Official or Corporation Counsel may require that a larger space be left unobstructed if necessary to accommodate anticipated pedestrian volume in that location, to ensure compliance with federal requirements and standards under the American with Disabilities Act and state requirements and guidance issued by the New York State Liquor Authority relating to the Outdoor Expansion of Licensed Premises, or for any other purpose as deemed necessary by the Chief Planning Official or Corporation Counsel.
F.
The area shall be cleaned, kept refuse-free, and no large containers for trash shall be placed on the cafe premises.
G.
Public property shall not be altered in any way during the term of the revocable right-of-way privilege. At the expiration of the term of the permit, all City-owned property shall be returned to the City in good condition, except for damage by the elements. The Chief Planning Official or Corporation Counsel may require the property owner to obtain and maintain liability insurance protecting the City from loss or damage based on Corporation Counsel's evaluation of potential risk to the City.
(vi)
An outdoor café may occupy a portion of an adjoining lot or parcel, provided that:
A.
The adjoining lot in question is located in a zoning district where the use that the café is serving is a conditional or permitted use.
B.
If the adjoining property is under ownership separate from the establishment being served, a lease or other agreement shall be in place for use of the area accommodating the outdoor café.
C.
The outdoor café space is buffered by protective barriers and landscaping where necessary to protect patrons from vehicular traffic, as determined by Chief Planning Official upon consultation with the Division of Traffic Engineering.
(n)
Storage shed.
(i)
In the residential zoning districts, the structure shall be no larger than 200 square feet in area.
(o)
Swimming pool.
(i)
When external to a structure, a swimming pool must be in the rear yard of any principal structure, or may be located on a rooftop subject to the issuance of a conditional use permit.
(ii)
The swimming pool must be a minimum of six feet from any side lot line and a minimum of 10 feet from a rear lot line.
(iii)
The swimming pool shall be enclosed in a manner consistent with the Building Code. Each pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices and shall be so located, constructed, and operated as to not interfere with the peace, comfort, and repose of the occupant of any adjoining property. This requirement does not apply to temporary pools with nonrigid walls designed to be filled by garden hoses rather than a piped water connection, provided that the pool is not designed to contain water more than 18 inches deep.
(iv)
No lighting or spotlighting shall be permitted that is capable of projecting light beyond the boundaries of the lot on which said pool is located.
(p)
Telecommunications antenna as an accessory use. The following uses shall be permitted in any zoning district, subject to the issuance of a building permit:
(i)
The mounting of telecommunications antennas on the ground, or on a tower, building, utility pole, or light pole, provided that the following conditions are met:
A.
The antennas are enclosed, camouflaged, obscured, fully screened from view, or otherwise not readily apparent to a casual observer located on any abutting public right-of-way or open space; or
B.
The antennas are mounted on or in a permitted structure or building feature, such as a water tower, belfry, elevator, penthouse, or steeple, provided that the antennas do not increase the overall height of the structure and are fully screened from view or otherwise not readily apparent to a casual observer located on any abutting public right-of-way or open space; or
C.
The antennas are located on an existing wireless communications tower, provided that the antennas do not create a substantial change in the height or width of the existing tower, as defined in federal law, and are fully screened from view or otherwise not readily apparent to a casual observer located on any abutting public right-of-way or open space.
(ii)
The construction of an enclosed support structure designed to match the color and perceived façade texture of an existing adjacent accessory structure, provided that any support structure does not exceed the height of the adjacent support structure.
(iii)
The installation of antennas or towers on structures or land owned by the City.
(q)
Trash storage, outdoor. All trash and recycling storage accessory to all multi-unit buildings with more than four dwelling units and all buildings having a principal commercial or industrial use shall comply with the following standards:
(i)
The enclosure shall be enclosed on all sides so as not to be visible from a public street or other publicly accessible area. At least one side of the enclosure must include a gate or door that can be securely closed.
(ii)
For multi-unit uses only, the required enclosure shall be sufficient based on the number of units, compaction capability, and frequency of trash pick-up.
(iii)
The enclosure shall not be located in any front yard, side yard, or other landscaped area, or any other area required to be maintained by applicable law.
(iv)
The enclosure shall be architecturally compatible to the primary structure(s) and constructed using similar or compatible materials.
(v)
If the trash or recycling enclosure is located within 50 feet of a residential zoning district, removal of trash or recycling materials by a commercial contractor is prohibited between the hours of 11:00 p.m. and 6:00 a.m.
(vi)
Outdoor trash storage must be secured from wildlife.
(7)
Temporary uses.
(b)
Mobile vendor.
(i)
Mobile vendors that serve food or drinks shall be required to obtain a permit from the Albany County Department of Health pursuant to Part 14-4 of the New York State Sanitary Code and Article IV of the Albany County Sanitary Code, or other such prevailing regulation.
(ii)
The operator shall have the written consent of the property owner to conduct the activity.
(iii)
A mobile vendor may locate in a nonresidential zoning district along the perimeter of an approved off-street parking area or upon a lot that has remained in an undeveloped condition for a period in excess of two years.
(iv)
A mobile vendor shall not operate from a single private property for a period in excess of 30 days unless a conditional use permit is obtained under § 375-505(6).
(v)
If the mobile vendor serves food or drinks, waste receptacles shall be provided, and waste shall be removed daily from the site by the mobile vending operator.
(vi)
Outdoor seating may be provided, but none shall be permanently installed. Provision of seating on public rights-of-way shall require approval of a revocable street privilege under § 375-505(18).
(c)
Portable storage container.
(i)
Portable storage containers are prohibited upon a lot within a residential zoning district or upon an undeveloped lot, except where the containers provide necessary storage for an active construction project, are necessitated by an unforeseen and uncontrollable event, or to assist in moving in or out of a residence.
(ii)
A portable storage container shall not be placed on any property more than two times per calendar year and not more than 30 days at a time. The Chief Building Official may approve an extension of up to three months for good cause shown.
(iii)
All portable storage containers shall be securely closed when not in use. No materials, property, or goods shall be stored outside of a container during the hours between sunset of one day and sunrise of the next day, except if the container is being used in conjunction with construction, and in such case only construction materials may be left outside of the container.
(d)
Temporary construction office or yard. The temporary use shall be permitted from the time a building permit is approved until 30 days after a certificate of occupancy is issued.
(e)
Temporary real estate sales/leasing office.
(f)
Temporary/seasonal sales.
(i)
In any residential zoning district, not more than six garage or estate sales, each lasting no longer than 72 hours, shall take place within one calendar year at any residence.
(ii)
A temporary art installation or pop-up facility that does not include retail sales activity is permitted for a period of no longer than one calendar week in any zoning district.
(8)
Residential conversions.
(a)
Conversion of a detached dwelling. No detached dwelling may be converted to increase the total number of dwelling units within the building without approval of a conditional use permit and unless the following standards are met:
(i)
The lot on which the dwelling structure is located contains at least the minimum lot area required in the applicable zoning district.
(ii)
The conversion will not result in a total number of dwelling units that exceeds the maximum number allowed in the applicable zoning district.
(iii)
Upon application, the dwelling structure contains no fewer than 800 square feet of improved gross floor area for each existing and proposed dwelling unit.
(b)
Conversion of a townhouse dwelling. No townhouse dwelling in the R-T Zoning District may be converted to increase the total number of dwelling units within the building without approval of a conditional use permit and unless the following standards are met:
(i)
The lot on which the dwelling structure is located contains at least the minimum lot area required in the applicable zoning district.
(ii)
The conversion will not result in a total number of dwelling units that exceeds maximum number allowed in the applicable zoning district.
(iii)
Any external alterations to the building proposed in accommodation of the conversion comply with § 375-407 (Building and streetscape design).
(iv)
In the R-T Zoning District:
A.
Each existing and proposed unit shall occupy a minimum 80% of a building story, or have a minimum of 1,000 square feet of gross floor area.
B.
A building story must be a minimum of 50% above the finished grade along the front of the building in order to be occupied by a dwelling unit.
C.
The design shall incorporate an enclosed area outside of the public right-of-way for the storage of trash containers.