Amsterdam City Zoning Code
ARTICLE IV
Zoning District Use Regulations
§ 250-10 Zoning district general use regulations.
The general use regulations in zoning districts are set forth in the following section of use regulations:
A.
Any use not listed specifically or through a similar use, as such may be interpreted by the Zoning Board of Appeals, as a permitted, special permit or accessory use shall be considered a prohibited use under this chapter.
B.
No building or premises shall be used and no building shall be erected or altered except as permitted as a principle use, accessory use or special permitted use as approved by the City Planning Commission. All uses within the Planned Unit Development (PUD) District shall be established on a project-specific basis in accordance with the standards and procedure set forth in Articles VI and VII of this chapter.
C.
No uses, except for open space purposes, shall be authorized within the floodplains for properties located in the Greenway Corridor Overlay (GW-O) District.
§ 250-11 Low Density Neighborhood (LDN) District.
A.
Purpose and intent. The Low Density Neighborhood District is intended to provide single-family detached residences and supporting uses. A Low Density Neighborhood should maintain a high degree residential quality and strike a balance of owner-occupied and rental single-family detached dwellings. The LDN District encourages a sense of community and a pedestrian-friendly atmosphere.
B.
Allowable uses. In the Low Density Neighborhood, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(2)
Accessory uses (other uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses):
(3)
Special use permit shall be required for the following uses[1]:
(a)
Community residence, or other alternative care housing.
(b)
Churches, Sunday school and parish houses.
(c)
Schools.
(d)
Cultural facilities.
(e)
Home occupations.
(f)
Bed-and-breakfast.
(g)
Senior citizen housing.
(h)
Cemetery, crematorium or mausoleum.
(i)
Child care.
(j)
Governmental buildings.
(k)
Public utility.
(l)
Golf course or country club, including accessory clubhouses, golf driving ranges and pitch and putt.
(m)
Membership club.
[Amended 5-1-2018 by Ord. No. 2018-3]
[1]
Note: Special use permit requires approval by the City Planning Commission.
(5)
Lot, yard and height requirements.
(a)
Minimum lot size: 8,500 square feet, or 6,500 square feet for lots of record.
(b)
Minimum lot frontage (width): 80 feet or 60 feet for lots of record.
(c)
Minimum front yard: 30 feet distance from front property line to building.
(d)
Minimum rear yard: 30 feet rear property line to nearest building or structure.
(e)
Minimum side yard: 10 feet distance from side yard to nearest building or structure.
(f)
Maximum building coverage: 30%.
(g)
Maximum height of building: 40 feet.
(h)
Minimum lot depth: 100 feet.
(i)
Off-street parking: two spaces per dwelling unit.
§ 250-12 Medium Density Neighborhood (MDN) District.
A.
Purpose and intent. The Medium Density Neighborhood District is generally located in older, more urban areas of the City, have smaller lots and contain a mixture of single-family and duplex dwelling units. The regulations set forth in this district are intended to promote diversity of residential types while preserving a scale of design and a variety of densities.
B.
Allowable uses. In the Medium Density Neighborhood, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(2)
Accessory uses (other uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses):
(a)
Permitted accessory uses in the LDN District.
(3)
Special use permit shall be required for the following uses:[1]
(a)
Boardinghouse and rooming house.
(b)
Senior citizen housing (multiple units on one lot).
(c)
Community residence or other alternative care facility.
(d)
Churches, Sunday school and parish houses.
(e)
School.
(f)
Cultural facilities.
(g)
Home occupations.
(h)
Bed-and-breakfast.
(i)
Nursing home.
(j)
Cemetery, crematorium or mausoleum.
(k)
Child care.
(l)
Governmental buildings.
(m)
Public utility.
(n)
Golf course or country club, including accessory clubhouses, golf driving ranges and pitch and put.
(o)
Funeral home.
(p)
Professional offices, medical offices, or dental offices, provided that they be located on an arterial street and occupy a structure of less than 2,000 square feet of gross floor area.
(q)
Commercial uses limited to 1,000 square feet, provided that they be located on an arterial street.
(r)
Membership club.
[Added 5-1-2018 by Ord. No. 2018-3]
[1]
Note: Special use permit requires approval by the City Planning Commission.
(5)
Lot, yard and height requirements.
(a)
Minimum lot size: 5,000 square feet for single-family residence, 7,500 square feet for two-family residence, 2,500 square feet additional lot area required for each dwelling unit beyond the first dwelling unit.
(b)
Minimum lot frontage: 50 feet.
(c)
Minimum front yard: 20 feet.
(d)
Minimum rear yard: 25 feet.
(e)
Minimum side yard: eight feet.
(f)
Maximum building coverage: 35%.
(g)
Maximum height of building: 40 feet.
(h)
Minimum lot depth: 100 feet.
§ 250-13 Medical Residential Neighborhood (MRN) District.
A.
Purpose and intent. The Medical Office Neighborhood is intended to balance preserving and protecting the existing residential area from any negative effects of hospital expansion while providing for the continuation of existing medical facilities and potential redevelopment and expansion of medical facilities on existing property. These medical facilities should be developed comprehensively and designed to ensure compatibility with the surrounding neighborhood.
B.
Allowable uses. In the Medical Residential Neighborhood, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Principal permitted uses (other uses substantially similar to those listed herein shall also be deemed permitted):
(a)
Principal permitted uses in the Low Density Neighborhood.
(b)
Two-family dwelling.
(c)
Conversion of existing residential structures to a medical use if no exterior change is made.
(d)
Hospitals, medical offices, and dental offices.
(e)
Nursing home. Allowable only through either the conversion of an existing floor area within or as an addition to the existing hospital structure.
(f)
Bed-and-breakfast.
(3)
Special use permit shall be required for the following uses[1]:
(a)
Churches, Sunday school and parish houses.
(b)
School.
(c)
Child care.
(d)
Conversion of existing residential structures to a medical use when exterior changes are made.
(e)
Parking structure.
(f)
Parking lots.
(g)
Heliports.
(h)
Alternate care facilities.
(i)
Home occupations.
(j)
Cultural facilities.
(k)
Membership club.
[Added 5-1-2018 by Ord. No. 2018-3]
[1]
Note: Special use permit requires approval by the City Planning Commission.
(5)
Lot, yard and height requirements.
§ 250-14 Downtown Core (DC) District.
[Amended 5-1-2018 by Ord. No. 2018-3; 6-16-2020 by Ord. No. 5-2020; 6-20-2023 by L.L. No. 1-2023; 2-4-2025 by Ord. No. 2-2025]
A.
Purpose and intent. The Downtown Core District is intended to accommodate a wide variety of uses in the central business district of the City while optimizing development opportunities for mixed-uses, residential dwellings, pedestrian-oriented activity, entertainment and urban activity. The Downtown Core District will allow numerous types of uses, including business, retail, residential, cultural, civic, hospitality, educational and other public and private uses. Increased densities and scale are encouraged in this district while creating a walkable, attractive downtown for residents and visitors.
B.
Allowable uses. In the Downtown Core, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Principal permitted uses (other uses substantially similar to those listed herein shall also be deemed permitted):
(a)
Second-story residential.
(b)
Alcoholic beverage production and sale facility.
(c)
Artist's studio.
(d)
Banks and financial institutions.
(e)
Child care.
(f)
Civic centers, conference centers, or banquet halls.
(g)
Community gardening.
(h)
Community park or playground.
(i)
Condominium.
(j)
Copy shops, mail services, and print shops.
(k)
Garden center.
(l)
Governmental building.
(m)
Health club.
(n)
Indoor commercial amusement.
(o)
Laundry facilities.
(p)
Medical clinics.
(q)
Motels and hotels.
(r)
Personal service establishment.
(s)
Professional offices.
(t)
Restaurants and taverns.
(u)
Retail sales establishment.
(v)
School.
(w)
Shopping center.
(x)
Single-family dwelling.
(y)
Theaters and auditoriums.
(z)
Townhouse.
(aa)
Two-family dwelling.
(bb)
Any mixture of permitted Downtown Core uses in a single structure or property.
(3)
Special use permit shall be required for the following uses[1]:
(a)
Athletic facility.
(b)
Automobile rental/leasing establishment.
(c)
Automobile service station (minor).
(d)
Churches, Sunday school, and parish houses.
(e)
Convenience store.
(f)
Drive-in establishment.
(g)
Family-care housing.
(h)
Funeral home.
(i)
Halfway house.
(j)
Housing for the disabled.
(k)
Membership club.
(l)
Multiple-family dwelling.
(m)
Parking structure.
(n)
Rehabilitation services facility.
(o)
Smoke shop.
(p)
Supervised living facility.
(q)
Supportive living facility.
(r)
Tobacco or vape consumption business.
(s)
Transportation facility.
(t)
Warehouse.
(u)
Licensed adult-use cannabis retail dispensary.
(v)
Licensed adult-use cannabis microbusiness.
[1]
Note: Special use permit requires approval by the City Planning Commission.
(5)
Lot, yard and height requirements.
(a)
Minimum lot size: 5,000 square feet.
(b)
Minimum lot frontage: 50 feet.
(c)
Minimum front yard: zero feet minimum, 20 feet maximum set.
(d)
Minimum rear yard: 20 feet.
(e)
Minimum side yard: five feet.
(f)
Maximum building coverage: 60%.
(g)
Maximum height of building: 150 feet.
(h)
Minimum lot depth: 100 feet.
(i)
Off-street parking. Downtown parking requirements shall be 50% of required use parking requirement found in § 250-39, Off-street parking and loading standards. In calculating reduced parking requirements, any partial number shall be rounded up to the next whole number. Mixed-use parking rates shall be calculated by the percentage of space devoted to each use.
§ 250-15 Employment District (ED) District.
[Amended 5-1-2018 by Ord. No. 2018-3; 6-20-2023 by L.L. No. 1-2023; 2-4-2025 by Ord. No. 2-2025]
A.
Purpose and intent. The Employment District is intended to establish a mixture of residential and public uses, with uses that generate employment, such as commercial and research development uses. The primary objective of the Employment District is to expand employment opportunities by allowing businesses to locate in a variety of locations, provide services for employees in close proximity to their work place, provide options for living, working, and shopping environments; facilitate more intensive use of land while minimizing potentially adverse impacts to surrounding residents.
B.
Allowable uses. In the Employment District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Principal permitted uses (other uses substantially similar to those listed herein shall also be deemed permitted):
(a)
Principal permitted uses in the DC District.
(3)
Special use permit shall be required for the following uses[1]:
(a)
Automobile rental/leasing establishment.
(b)
Automobile service station (minor).
(c)
Cannabis manufacturing.
(d)
Churches.
(e)
Commercial storage and retail warehouse when conducted in completely enclosed building.
(f)
Convenience store.
(g)
Funeral home.
(h)
Licensed adult-use cannabis microbusiness.
(i)
Licensed adult-use cannabis on-site consumption facility.
(j)
Licensed adult-use cannabis retail dispensary.
(k)
Light manufacturing.
(l)
Membership club.
(m)
Multiple family dwellings.
(n)
Parish houses.
(o)
Parking structure.
(p)
Research and development facility.
(q)
Smoke shop.
(r)
Sunday school.
(s)
Tobacco or vape consumption business.
(t)
Transportation facility.
(u)
Warehouse.
[1]
Note: Special use permit requires approval by the City Planning Commission.
(5)
Lot yard and height requirements.
(a)
Minimum lot size: 10,000 square feet nonresidential use; 5,000 square feet residential use; 7,500 square feet for two-family residence.
(b)
Minimum lot frontage: 80 feet nonresidential use, 50 feet residential use.
(c)
Minimum front yard: 30 feet nonresidential use, 20 feet residential use.
(d)
Minimum rear yard: 30 feet nonresidential use, 25 feet residential use.
(e)
Minimum side yard: 10 feet nonresidential use, eight feet residential use.
(f)
Maximum building coverage: 40% nonresidential use, 35% residential use.
(g)
Maximum height of building: 40 feet nonresidential use and residential use.
(h)
Minimum lot depth: 100 feet nonresidential use and residential use.
§ 250-16 Commercial Corridor (CC) District.
[Amended 5-1-2018 by Ord. No. 2018-3; 6-16-2020 by Ord. No. 5-2020; 6-20-2023 by L.L. No. 1-2023; 2-4-2025 by Ord. No. 2-2025]
A.
Purpose and intent. The Commercial Corridor District is intended to provide suitable locations for commercial uses, retail, personal services, automobile sales and service establishments, and entertainment businesses that relate to the City's major vehicular corridors. The uses provided in this District are meant to serve local and regional residents, as well as those motorists passing through the City.
B.
Allowable uses. In the Commercial Corridor District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Principal permitted uses (other uses substantially similar to those listed herein shall also be deemed permitted):
(a)
Second-story residential.
(b)
Alcoholic beverage production and sale facility.
(c)
Artist's studio.
(d)
Banks and financial institutions.
(e)
Child care.
(f)
Civic centers, conference centers, or banquet halls.
(g)
Community gardening.
(h)
Community park or playground.
(i)
Condominium.
(j)
Copy shops, mail services, and print shops.
(k)
Garden center.
(l)
Governmental building.
(m)
Health club.
(n)
Indoor commercial amusement.
(o)
Laundry facilities.
(p)
Medical clinics.
(q)
Motels and hotels.
(r)
Personal service establishment.
(s)
Professional offices.
(t)
Restaurants and taverns.
(u)
Retail sales establishment.
(v)
School.
(w)
Shopping center.
(x)
Single-family dwelling.
(2)
Accessory uses (other uses and structures which are customarily accessory, clearly incidental and subordinate to permitted uses):
(3)
Special use permit shall be required for the following uses[1]:
(a)
Amphitheater.
(b)
Any mixture of Commercial Corridor uses in a single structure or property.
(c)
Athletic facility.
(d)
Automobile service station (major).
(e)
Drive-in establishment.
(f)
Family-care housing.
(g)
Halfway house.
(h)
Housing for the disabled.
(i)
Licensed adult-use cannabis microbusiness.
(j)
Licensed adult-use cannabis on-site consumption facility.
(k)
Licensed adult-use cannabis retail dispensary.
(l)
Live entertainment.
(m)
Membership club.
(n)
Multiple-family dwellings.
(o)
Recreation commercial.
(p)
Rehabilitation services facility.
(q)
Smoke shop.
(r)
Supervised living facility.
(s)
Supportive living facility.
(t)
Tobacco or vape consumption business.
[1]
Note: Special use permit requires approval by the City Planning Commission.
(5)
Lot, yard and height requirements.
§ 250-17 Light Industrial (LI) District.
[Amended 5-1-2018 by Ord. No. 2018-3; 6-16-2020 by Ord. No. 5-2020; 6-20-2023 by L.L. No. 1-2023; 2-4-2025 by Ord. No. 2-2025]
A.
Purpose and intent. The Light Industrial District provides land for uses associated with manufacturing, warehousing, storage and other intensive uses. The Light Industrial District also is located in areas formerly used for manufacturing and now offers opportunities for adaptive reuse or redevelopment. This District is located near rail, New York Thruway junctions and serves a secondary purpose of interstate and transportation commerce.
B.
Allowable uses. In the Light Industrial District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
(1)
Principal permitted uses (other uses substantially similar to those listed herein shall also be deemed permitted):
(a)
Alcoholic beverage production and sale facility.
(b)
Automotive service station.
(c)
Convenience store.
(d)
Communications facility.
(e)
Car wash.
(f)
Contractor's storage yard.
(g)
Light manufacturing.
(h)
Commercial storage and retail warehouse.
(i)
Wholesale establishment.
(j)
Repair services.
(k)
Machine shop.
(l)
Equipment rentals.
(m)
Lumberyard.
(n)
Veterinarian's office or animal hospital.
(o)
Kennel.
(p)
Bus lot.
(q)
Heliport.
(r)
Nursery.
(s)
Vocational school.
(t)
Governmental buildings.
(u)
Public utilities.
(v)
Community park or playground.
(w)
Community gardening.
(x)
Funeral home.
(3)
Special use permit shall be required for the following uses[1]:
(b)
Cannabis manufacturing.
(c)
Commercial recreation and indoor commercial amusement.
(d)
Heavy manufacturing.
(e)
Hotels and motels.
(f)
Junkyard.
(g)
Landfill.
(h)
Licensed adult-use cannabis microbusiness.
(i)
Licensed adult-use cannabis retail dispensary.
(j)
Membership club.
(k)
Mining and mineral extraction.
(l)
Motor vehicle junkyard.
(m)
Multiple-family dwellings.
(n)
Recycling facility.
(o)
Self-storage facility.
(p)
Smoke shop.
(q)
Tobacco or vape consumption business.
(r)
Warehouse.
(s)
Any mixture of Light Industrial uses in a single structure or property.
[1]
Note: Special use permit requires approval by the City Planning Commission.
(5)
Lot, yard and height requirements.
(a)
Minimum lot size: 30,000 square feet nonresidential use; 5,000 square feet residential use; 2,500 square feet additional lot area required for each dwelling unit beyond the first dwelling unit.
(b)
Minimum lot frontage: 150 feet nonresidential use, 50 feet residential use.
(c)
Minimum front yard: 50 feet nonresidential use, 20 feet residential use.
(d)
Minimum rear yard: 50 feet nonresidential use, 25 feet residential use.
(e)
Minimum side yard: 30 feet nonresidential use, eight feet residential use.
(f)
Maximum building coverage: 30% nonresidential use, 35% residential use.
(g)
Maximum height of building: 40 feet nonresidential and residential use.
(h)
Minimum lot depth: 150 feet nonresidential use, 100 feet residential use.
§ 250-18 Planned Unit Development District review and approval procedure.
A.
Purpose and intent. The objective of the Planned Unit Development (PUD) review and approval procedure is to provide appropriate land use and development regulations through the use of performance criteria so that a major new development or redevelopment effort may be planned with sensitivity and flexibility to the unique characteristics of the site. Through the Planned Unit Development procedure, the City seeks to promote more efficient land use; more adequate and economic provision of streets, utilities and public spaces; greater preservation of the natural and scenic qualities of open areas; and a better overall quality of site planning and design. The procedure is intended to permit diversification in the location of structures and other improvements, while ensuring adequate standards relating to public health, safety, welfare and convenience both in the use and occupancy of buildings, facilities and land.
B.
General standards. The legislative determination to establish a Planned Unit Development District shall be based upon the following standards:
(1)
Location. A Planned Unit Development (PUD) District may be established within any area of the City. Such PUD District may be established only if the Planning Commission and the Common Council find that the objectives and provisions of this chapter are satisfied and the proposed development is fully consistent with the spirit and intent of the City's Master Plan.
(2)
Development area.
(a)
The minimum development area required to qualify for a Planned Unit Development District shall be as follows:
[1]
Six contiguous acres of land in the Low Density or Medium Density Neighborhood District;
[2]
Nine contiguous acres of land in Downtown Core, Employment District, Commercial Corridor District, or Light Industrial District; or
[3]
Fifteen contiguous acres of land for a new residential, commercial or light industrial development; or
[4]
Exceptions may be made only if the Planning Commission, upon recommendation of a professional planning consultant hired by the City at the developer's expense, shall find that a smaller tract, not less than 2/3 of the specified minimum, is suitable as a Planned Unit Development District because of unique, historic or developmental considerations.
(3)
Ownership. The tract of land for a Planned Unit Development project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all property included within the project. In the case of multiple owners, the approved Planned Unit Development District site plan and its amendment shall be binding upon all owners and their successors in title and interest.
(4)
Permitted uses in planned development districts. All uses within an area designated as a Planned Unit Development District shall be determined by the provisions of this chapter and the approved plan for the project concerned.
(a)
Except for mobile homes, residential dwelling units may be of any variety of type and density as appropriate to accomplish the general objectives of this chapter and the specific objectives of the intended development.
(b)
Private garages, storage spaces, recreational and community facilities shall be permitted as appropriate within the Planned Unit Development District.
(c)
Commercial, service and other nonresidential accessory uses may be permitted or required where such uses are scaled to primarily serve the residents of the Planned Unit Development District as may be necessary in the surrounding neighborhood.
(d)
Based upon a market analysis, commercial, service, light industrial and other nonresidential uses may be permitted as principal uses when such uses are integral to the design of the Planned Unit Development District, when supportive of the Planned Unit Development District and the surrounding neighborhood in terms of workforce, design and character and when consistent with the City Master Plan.
(5)
Intensity of land use. The density allowed within the Planned Unit Development District shall be determined by the approved Planned Unit Development District site plan, except that when the PUD District occurs through rezoning of a prior residential district, the density shall not exceed 120% of that otherwise permitted in Article V, Lot, Area and Height Regulations, for that prior residential district.
(6)
Natural and recreational usable open space. Not less than 35% of the total area of any tract developed or proposed to be developed as a Planned Unit Development District shall remain forever as a common, usable open space system, including walkways, plazas, pools, fountains, lawns, trees and shrubs. Parking areas, vehicle access facilities and lands within 15 feet of proposed residential structures shall not be considered in calculating such open space.
(7)
Utilities. Required utilities shall be provided consistent with applicable City, county and state regulations.
(8)
Off-street parking. Off-street parking shall conform to the standards of the most appropriate zoning designation or designations. The minimum number of spaces may be reduced only if it can be demonstrated that a particular aspect of the intended use within the Planned Development District makes such appropriate.
(9)
Transportation. Special attention shall be given to public transportation, pedestrian and vehicular linkages within the development and with the surrounding community. District access shall be provided to major streets, highways or other transportation facilities so as to prevent the generation of increased traffic along minor streets in residential neighborhoods.
C.
Procedure. Whenever any Planned Unit Development District is proposed, before any permit for the erection of a permanent structure within such Planned Unit Development District shall be granted and before any subdivision plat of any part thereof may be filed in the Office of the Montgomery County Clerk, the landowner and developer or other authorized representative shall apply for and receive approval of such Planned Unit Development District in accordance with the procedure detailed in this chapter.
(1)
Pre-filing conference. In order to allow the Planning Commission and the applicant to reach an understanding on the basic concepts and design requirements prior to detailed design and engineering investment, the applicant or his representative shall meet with the Planning Commission and its professional planning consultant to informally discuss the proposed project prior to the formal filing of an application or preparation of a sketch plan. The applicant shall be provided with a complete list of required elements for a complete sketch plan application.
(2)
Sketch plan. Based upon the basic design concepts and application requirements agreed upon during the pre-filing conference, a sketch plan shall be filed with the Planning Commission at least 10 calendar days prior to its regular meeting. The sketch plan shall be developed generally in accordance with the requirements for submission of the sketch plat for a major subdivision, as detailed in § 210-20 of Chapter 210, Subdivision of Land. The applicant shall be notified of any missing requirement three days after submitting the application and the Planning Commission may postpone any incomplete application until all requirements are submitted and accepted.
(3)
Preliminary plat/site plan. After informal agreement on the practicality of the proposed Planned Unit Development project and an overall assessment of its conformance with the City Master Plan, the applicant shall then file with the City Planning Commission an application for preliminary plat/site plan approval according to the procedures and requirements specified within the City's Land Subdivision Regulations[1] and Article IV of this chapter. A filing fee shall be submitted with such application, with the amount of such fee in accordance with the fee schedule established and annually reviewed by the Common Council.
(4)
Planning Commission action on preliminary plat/site plan. Action upon the application for preliminary plat/site plan approval shall be taken by the Planning Commission according to procedures identified in Article III, § 210-7 of the City Land Subdivision Regulations for preliminary plat approval of a major subdivision. After the public hearing and upon approval of the preliminary plat/site plan by the Planning Commission, the applicant shall be permitted to proceed to either below-cited Subsection C(5)(a) or (b) as determined appropriate by the Planning Commission.
(5)
Alternative actions on an approved preliminary plat/site plan.
(a)
If the proposed development project shown by the approved preliminary/site plan consists of uses and overall densities already permitted in the applicable zoning district, Planning Commission approval authorizes the applicant to submit a final plat/site plan without need for approval by the Common Council of a project-specific Planned Unit Development (PUD) zoning amendment. This type of coordinated development may be used for a cluster development or other design variations where building bulk, spacing and open space are adjusted with flexibility to the land, while the use and density limitations of the original zoning district are strictly observed. The Planning Commission has authority to approve this type of design adjustment under § 37 of the General City Law.
(b)
If the proposed development project proposes uses or overall densities not permitted in the applicable zoning district, the amendment procedure specified in Article XII of this chapter shall be followed at this point. In such a case, the Planning Commission shall transmit the complete application package to the Common Council for its review. If, in the opinion of the Common Council, the application is warranted, then the Common Council shall conduct a public hearing as required by General City Law[2] and this chapter to consider a Zoning Map amendment which would redesignate the area as a Planned Unit Development (PUD) District to be governed by the specific preliminary plat/site plan approved by the Planning Commission, or as specifically modified by the Common Council as a condition of its approval. If the amendment is approved, the applicant may proceed to the final plat/site plan. A rejection by the Common Council shall terminate review of the proposal.
[2]
Editor's Note: See NY Gen City § 1 et seq.
(6)
Preliminary plat/site plan binding. The approved preliminary plat/site plan, whether by alternate Subsection C(5)(a) or (b) above, shall be binding on final plat/site plans and future development of the project unless amended by this same procedure. The final plat/site plan must conform fully with the use, density and basic design expressed by the approved preliminary plat/site plan. Such approved preliminary plat/site plan shall become part of this chapter, and shall be maintained in the permanent files of both the City Clerk and the Building Inspector.
(8)
Planning Commission action on final plat/site plan. A public hearing, if held on the final plat/site plan, shall be held within 45 calendar days of its submission in final form. The Planning Commission shall either approve, conditionally approve with or without modifications or reject the final plat/site plan within 45 calendar days of submission or public hearing, whichever may be applicable. This time period may be extended only by mutual consent of the applicant and Planning Commission. In the event of required modifications, the applicant shall submit a modified final plat/site plan. In the event of rejection, the applicant shall either return to the stage of the preliminary plat/site plan or waive further rights to project review, thereby terminating consideration of the proposal.
(9)
Building permits and filing requirements. A copy of the approved final plat/site plan shall be transmitted to the Building Inspector who shall be authorized to issue building permits and/or certificates of occupancy for approved construction and uses in strict accordance with the approved final plat/site plan. The applicant shall also file a copy of the final plat/site plan in the Office of the Montgomery County Clerk within 60 calendar days of the approval thereof, as may be required.
(10)
Staging and scheduling. Final plat/site plans may be submitted for Planning Commission approval in stages and do not have to be submitted to cover the entire project development at any one time. Staged final plat/site plans shall be submitted and building permits applied for according to a general time schedule agreed upon by the Planning Commission during the preliminary plat/site plan review and approval phase and as otherwise provided by General City Law.
(11)
Planned unit development agreement. The Common Council and PUD applicant may enter into a development agreement, which stipulates any cost-sharing or other agreements, including, but not limited to, the duration that the PUD will remain if no development activity occurs.
§ 250-19 Overlay zone district general use regulations.
The general use regulations in overlay zones are set forth in the following section:
A.
Definition. Overlay zoning districts add a layer of specific restrictions and regulation in addition to the underlying zoning regulations. The overlay zoning addresses specific goals of the 2004 City of Amsterdam Comprehensive Plan.
§ 250-20 Greenway Corridor Overlay (GW-O) Zone.
A.
Intent and purpose.
(1)
One of the goals and intent for the 2004 City of Amsterdam Comprehensive Plan was to create a City greenway system that would protect and enhance natural riparian corridors and create active and passive recreation opportunities.
(2)
The purpose of the Greenway Corridor Overlay Zone is to protect the public health, safety and welfare from the effects of flooding on life and property; to protect against erosion by enhancing and protecting riparian buffers, to provide habitat for plants and wildlife within the greenway corridors; and to preserve, evaluate and protect specific areas for potential passive recreation areas, such as trails, overlooks, parks and nature sanctuaries.
B.
Applicability.
(1)
A property with any portion of the Greenway Corridor Overlay adjacent to or within its boundaries shall be subject to the requirement of this section. The Greenway Corridor Overlay Zone shall include all one-hundred-year floodplain as depicted in the Federal Emergency Management Agency's Flood Insurance Rate Map and the official City Zoning Map.
(2)
All applications (applications for building permits, subdivision, variances, site plan reviews, special permits, and changes in use or zoning) brought before the City Planning Commission, City Zoning Board of Appeals or Code Enforcement Officer shall be evaluated for regulation under the Greenway Corridor Overlay Zone.
C.
General application procedures.
(1)
Properties who propose and seek approval to undertake development activity (apply for building permits, subdivision, variances, site plan reviews, special permits, and change in use or zoning) within the Greenway Corridor Overlay, and subject to review by the City Code Enforcement Department, Zoning Board of Appeals or Planning Commission shall, along with the regular application requirements:
(2)
Criteria for review. The deciding body (Code Enforcement, ZBA or Planning Board) shall evaluate the development proposal for:
(a)
Its inclusion and effect on any one-hundred-year floodplain.
(b)
The current state of the greenway, including natural vegetation, and environmentally sensitive areas such as rock outcrops, unusual geologic features or steep slopes over 15%.
(c)
Potential as a passive or active recreation area.
(d)
Any project recommended in the City Local Waterfront Revitalization Plan (LWRP).
(e)
Any potential gift, donation, acquisition or inclusion of land or easements.
(3)
Treatment of greenways. After reviewing the development proposal, the Code Enforcement Officer, City Planning Commission or City Zoning Board of Appeals shall make recommendations placing conditions to:
(a)
Limit or prohibit any disturbance, construction or development in the one-hundred-year floodplain.
(b)
Limit or prohibit any disturbance of steep slopes over 15% or environmentally sensitive lands.
(c)
Mitigate any increased surface run-off, erosion or disturbance in the greenway by requiring vegetative plantings or other bioengineering method.
(d)
Reserve land designated for LWRP projects or greenway trail for a period not to exceed two years.
(e)
The provisions of this section do not supersede any federal, state or local regulations of one-hundred-year floodplains.
§ 250-21 Historic Resources Overlay (HR-O) Zone.
A.
Purpose. It is hereby declared as a matter of public policy that the identity of a people is founded on its past, and inasmuch as the City of Amsterdam has many significant historic, architectural, and cultural resources that the protection, enhancement, and perpetuation of historic resources through the use of historic resources overlay zoning is necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch, this section is intended to:
(1)
Protect and enhance the historic resources and historic resources overlay zones, which represent distinctive elements of the City of Amsterdam's historic, architectural, and cultural heritage;
(2)
Foster civic pride in the accomplishments of the past;
(3)
Protect and enhance the City of Amsterdam's attractiveness to visitors and the support and stimulus to the economy thereby provided; and
(4)
Ensure the harmonious, orderly, and efficient growth and development of the City of Amsterdam.
B.
Underlying zoning regulations. The requirements of the underlying zoning district shall apply within the Historic Resources Overlay Zone, including designations of permitted and special uses, setback and dimensional requirements, and all supplementary regulations, unless the provisions set forth in this section are deemed more stringent than the underlying requirements. In such a case, these provisions will supersede the underlying requirements.
C.
Designation of historic resources or historic resources overlay zones.
(1)
Designation of historic resources. The Planning Commission shall recommend to the Common Council to designate an individual property as an historic resource if it:
(a)
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or
(b)
Is identified with historic personages; or
(c)
Embodies the distinguishing characteristics of an architectural style; or
(d)
Is the work of a designer whose work has significantly influenced an age; or
(e)
Because of unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
(2)
Designation of historic resources overlay zones. The Planning Commission shall recommend to the Common Council to designate a group of properties as an Historic Resources Overlay Zone if it:
(3)
The boundaries of each Historic Resources Overlay Zone designated henceforth shall be specified in detail and shall be filed, in writing, in the City of Amsterdam Clerk's office for public inspection.
(4)
Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the commission to consider the designation. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in a newspaper of general circulation at least 10 days prior to the date of the public hearing. Once the Planning Commission has issued notice of a proposed designation, no building permits shall be issued by the Code Enforcement Officer until the Common Council has made its decision.
(5)
The Planning Commission shall hold a public hearing prior to sending a recommendation to the Common Council for the designation of any historic resource or historic resources overlay zone. The Planning Commission, owners, and any interested parties may present testimony or documentary evidence at the hearing, which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic resource or Historic Resources Overlay Zone. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.
(6)
The Planning Commission shall forward its recommendation to the Common Council, who shall hold a public hearing prior to making a final determination on the proposed historic resource and/or the boundaries of each designated Historic Resources Overlay Zone. The Common Council, owners, and any interested parties may present testimony or documentary evidence at the hearing, which will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic resource or Historic Resources Overlay Zone. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.
(7)
Once an historic resource or Historic Resources Overlay Zone has been adopted, the City Clerk shall forward notice of each property designated as an historic resource and the boundaries of each designated Historic Resources Overlay Zone to the offices of the Montgomery County Clerk for recordation.
D.
Applicability. Prior to any improvements being made on any public or private property or public place within the Historic Resources Overlay (HR-O) Zone, the projects must be first reviewed by the Code Enforcement Officer to determine whether a certificate of appropriateness (CA) or building permit is required. Routine maintenance in the Historic Resources Overlay (HR-O) Zone does not require a certificate of appropriateness (CA) and is not considered an improvement.
(1)
Routine maintenance and repair exemption. The following actions by property owners are encouraged and shall be considered routine maintenance and are thus exempt from review by the Building Code Enforcement Officer or the Planning Commission:
(a)
Paint colors, surface preparation or paint composition;
(b)
Patching or sealing of roofs;
(c)
Hardware;
(d)
Replacing broken glass in or replacing of period-style windows;
(e)
Replacing individual clapboards or floor boards, individual slates or shingles with material of like design;
(f)
Decorating: holiday or other;
(g)
Normal landscaping, including shrubs, trees, flowers, window flower boxes, and other plantings, as long as historic landscape features as defined in this section are not altered or removed, also flags and flagpoles, lawn furniture, park benches and birdbaths;
(h)
Repair of any existing walkway, driveway, wall, fence, or terrace if in the same location and with the same materials;
(i)
Installation of window air-conditioning units;
(j)
Temporary structures or signs used for special events and whose duration will not exceed any guidelines established by the commission;
(k)
The reconstruction, in the same design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year and is continued to completion without substantial interruption;
(l)
Storm windows and doors;
(m)
All routine maintenance and repair of any of the existing features of a structure or building that does not involve a change in design, materials or the outward appearance.
(2)
Actions requiring certificate of appropriateness (CA).
(a)
Before any improvements are made on any public or private property or public place within the Historic Resources Overlay (HR-O) Zone, the project must be first reviewed by the Building Code Enforcement Officer to determine whether a certificate of appropriateness (CA) or building permit is required.
(b)
Within the Historic Resources Overlay (HR-O) Zone, the following proposed actions shall be submitted to the Planning Commission for review and approval in its consideration of a certificate of appropriateness (CA):
[1]
Demolition.
[2]
New buildings, structures and additions.
[3]
The renovation, rehabilitation or reconstruction of existing buildings, structures or signs.
[4]
Windows.
[5]
Doors.
[6]
Siding.
[7]
Change in roof structure or pitch.
[8]
Porch.
[9]
Columns.
[10]
Outside walls or retaining walls (over 24 inches).
[11]
Fencing.
[12]
Solar panels.
[13]
Communication facility.
[14]
Parking lot or parking structure.
[15]
Playground or community park.
[16]
Signs of any kind.
E.
In reviewing the plans, the Planning Commission shall give consideration to:
(1)
The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area.
(2)
The general compatibility of exterior design, arrangement, texture and materials proposed to be used.
(3)
Any other factor, including aesthetic, which it deems pertinent.
F.
The Planning Commission shall act only on exterior features of a structure and shall not consider interior arrangements, nor shall it disapprove applications except in regard to considerations as set forth in the previous subsection or as otherwise provided by this chapter. The Planning Commission may establish, subject to regulations it may promulgate, an advisory committee to assist in the determination of the appropriateness of development proposed within the Historic Resources Overlay (HR-O) Zone.
G.
Approval procedures for certificate of appropriateness (CA) within an Historic Resources Overlay (HR-O) Zone:
(1)
Application submission. Before a property owner may begin any development activity requiring a certificate of appropriateness (CA) the owner must first submit an application for such a certificate to the Building Code Enforcement Officer for review and determination of a complete application.
(2)
Required materials for application. The Building Code Enforcement Officer shall require the applicant to submit information which is reasonable and necessary to evaluate the proposed construction, alteration, repair, removal or demolition, including, but not limited to, site plans, elevation drawings, photographs or other information deemed appropriate by the Building Code Enforcement Officer. Incomplete applications shall be returned to the applicant within five working days of receipt by the Building Code Enforcement Officer with an explanation and listing of missing requirements.
(3)
Application requirements. Prior to the commencement of any work requiring a certificate of appropriateness (CA), the owner shall file an application for such a certificate with the Building Code Enforcement Officer. The application shall contain:
(a)
Name, address, and telephone number of applicant;
(b)
Location and photographs of property;
(c)
Photographs of the five adjacent properties, in each direction on both sides of the street;
(d)
Construction or site plan showing areas requiring the certificate of appropriateness (CA);
(e)
Elevation drawings of proposed changes;
(f)
Perspective drawings, including relationship to adjacent properties, if available;
(g)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and
(h)
Any other information, which the Code Enforcement Officer may deem necessary in order to visualize the proposed work.
(i)
Notice letters shall be sent to surrounding property owners within 200 feet.
H.
When the Planning Commission issues a certificate of appropriateness (CA), the Code Enforcement Officer shall issue a building permit, and work can proceed as described in the certificate. If the Board denies the applicant's certificate of appropriateness (CA), or approves but attaches conditions on their approval that the applicant finds unacceptable, the applicant may commence the hardship process.
I.
Criteria for approval of a certificate of appropriateness. The Planning Commission's decision shall be based on the following principles:
(1)
Properties which contribute to the character of the Historic Resources Overlay Zone shall be retained, with their historic features altered as little as possible;
(2)
Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and
(3)
New construction shall be compatible with the surrounding properties in the Historic Resources Overlay Zone in which it is located.
(4)
In applying the principle of compatibility, the Planning Commission shall consider the following factors and use the supplemental design guidelines:
(a)
The general design, character, and appropriateness to the property of the proposed alteration or new construction;
(b)
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
(c)
Texture, materials, and color and their relation to similar features of other properties in the neighborhood;
(d)
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and
(e)
The importance of historic, architectural, or other features to the significance of the property.
J.
Issuance of certificate of appropriateness (CA) and building permit. No building permit shall be issued for such proposed work until the Planning Commission has first issued a certificate of appropriateness (CA). The certificate required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Amsterdam.
K.
Time frame for decision. The Planning Commission shall approve, deny, or approve the certificate of appropriateness (CA) with modifications within 60 days from receipt of the completed application. The Planning Commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.
L.
Notice of decision. All decisions of the Planning Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City of Amsterdam Clerk's office for public inspection. The Planning Commission's decision shall state the reasons for denying or modifying any application.
M.
Certificates of appropriateness (CA) shall be valid for 18 months, after which time the owner must reapply if they still wish to undertake work on the property.
N.
Hardship.
(1)
Demolition hardship criteria. An applicant whose certificate of appropriateness (CA) for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall meet all three criteria to establish that:
(a)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(c)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(2)
Alteration hardship criteria. An applicant whose certificate of appropriateness (CA) for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
(3)
Hardship application procedure.
(a)
After receiving written notification from the Planning Commission of the denial of a certificate of appropriateness (CA), an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Planning Commission makes a finding that a hardship exists.
(b)
The Planning Commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(c)
The applicant shall consult in good faith with the Planning Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(d)
All decisions of the Planning Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City of Amsterdam Clerk's office for public inspection. The Planning Commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Planning Commission shall approve only such work as is necessary to alleviate the hardship.
O.
Enforcement. All work performed pursuant to a certificate of appropriateness (CA) issued under this section shall conform to any requirements included therein. It shall be the duty of the Building Code Enforcement Officer to inspect periodically any such work to ensure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness (CA), or upon notification of such fact by the Planning Commission, the Building Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
P.
Maintenance and repair required.
(1)
Nothing in this section shall be construed to prevent the routine maintenance and repair of any exterior architectural feature of an historic resource or property within an Historic Resources Overlay Zone, which does not involve a change in design, material, color, or outward appearance.
(2)
No owner or person with an interest in real property designated as an historic resource or included within an Historic Resources Overlay Zone shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Planning Commission, produce a detrimental effect upon the character of the Historic Resources Overlay Zone as a whole or the life and character of the property itself. Examples of such deterioration include:
(a)
Deterioration of exterior walls or other vertical supports;
(b)
Deterioration of roofs or other horizontal members;
(c)
Deterioration of exterior chimneys;
(d)
Deterioration or crumbling of exterior stucco or mortar;
(e)
Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors; and
(f)
Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition is necessary for the public safety.
Q.
Violations.
(1)
Failure to comply with any of the provisions of this section shall be deemed a violation and the violator shall be liable to a fine of no more than $500 for each day the violation continues.
(2)
Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this section shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the City of Amsterdam Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
R.
Appeals. Any person aggrieved by a decision of the Building Code Enforcement Officer or the Planning Commission relating to hardship or a certificate of appropriateness (CA) may, within 30 days of the decision, file a written application with the City of Amsterdam Zoning Board of Appeals for review of the decision. Reviews shall be conducted based on the same record that was before the Building Code Enforcement Officer or the Planning Commission and using the same criteria.
§ 250-22 Gateway Overlay (GT-O) Zone.
A.
Intent and purpose.
(1)
Intent. One of the goals for the 2004 City of Amsterdam Comprehensive Plan was to enhance important transportation corridors or gateways into the City by improving their function and appearance.
(2)
Improve visual character. The intent of the Gateway Overlay Zone is to gradually improve the appearance of the major entrance roadways in the City by requiring special consideration for design and aesthetic improvements during site plan review as properties are developed, improved or redeveloped.
(3)
Increase the transportation efficiency of the gateway corridors by improving all pedestrian, bike and vehicular facilities.
B. BUFFER COMMERCIAL PROPERTY GATEWAY OVERLAY ZONE LANDSCAPE BUFFER RESIDENTIAL PROPERTY VEHICULAR USE AREA
Definitions.
Any physical barrier such as fencing, earthen berm or vegetation that reduces visibility.
A property whose primary land use is for making a profit.
A specific area with added regulations intended to enhance the visual quality and transportation efficiency of the public and travelers on major thoroughfares in and out of the City of Amsterdam and shall apply to all properties adjacent to Routes 5, 5S, 30 and 126.
A vegetative screening whose purpose is to reduce the visual appearance of parking areas, storage yards and other site elements deemed unattractive to the general public and visible from a public right-of-way.
Any property used for housing purposes and that is zoned LDN, MDN, MRN or whose use is primarily residential in nature.
Any part of a lot intended for vehicular use, including entrances, driveways, parking and loading areas.
C.
Applicability and general procedures. Property adjacent to a designated Gateway Overlay Zone and subject to development or other improvements, including applications for subdivision, building or demolition permits, building additions, change in use, special use or site plan reviews or variance will be required to do the following:
(1)
At the time of the application for development approval, the applicant shall provide documentation of the property's location along the Gateway Overlay Zone.
(2)
The proposed development activity will be subject to site plan review by the Planning Commission, Zoning Board of Appeals or by the Code Enforcement Officer who will have the authority to require screening, landscaping, signage restrictions and fencing for the following:
(a)
Parking lots and vehicular areas along the street frontage.
(b)
Any nonresidential district that abuts a residential property along the affected boundary.
(c)
Outside storage areas of vehicles, building materials or similar items to areas visible from the Gateway Overlay Zone right-of-way that are visible from the street.
(d)
Permit requests for signs and fences.
(3)
Property maintenance. At any time, the Code Enforcement Officer shall have the authority as per New York State Property Maintenance Code or the New York State Fire Code to require applicants to improve the property's appearance through other reasonable means than those listed in Subsection C(2).
D.
Project review procedures.
(1)
Applicability. Any application for a subdivision, building permit, variance, special use permit or site plan review within the Gateway Overlay (GT-O) Zone, must first be reviewed by the Code Enforcement Officer to determine the status of the application and whether additional review or action shall be required by the Planning Commission.
(2)
Procedures. All properties applying for development approval within the Gateway Overlay Zone must go through the site plan review process.
(3)
Special consideration should be given by either the Planning Commission, Zoning Board of Appeals or the Code Enforcement Officer to the following:
(a)
Screening and buffering. To require reasonable measures such as fencing, landscaping or berms to mitigate parking lots and vehicular areas adjacent to public rights-of-way or that are visible from public rights-of-way and to require necessary space or buffers for landscaping or fencing.
(b)
Transportation facilities. The Planning Commission, Zoning Board of Appeals or the Code Enforcement Officer may require the provision of pedestrian, bike or public transportation facilities as would be reasonable for the impact of the particular development on the community in general.