Cohoes City Zoning Code
ARTICLE VI
Zoning District Regulations
§ 285-35 Residential District-1 (R-1).
A.
Intent. The intent of the Residential District-1 (R-1) is to encourage the continuation and improvement of existing single-family neighborhoods in the City of Cohoes; and to protect the health, safety and general welfare of those residing within the district.
B.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1]
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
C.
Lot area and bulk regulations. The minimum related standards for the R-1 District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor’s Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
D.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
§ 285-36 Residential District-2 (R-2).
A.
Intent. The intent of the Residential District-2 (R-2) is to encourage the long-term stability of existing traditional neighborhoods where a diverse mix of single-family, two-family, and multifamily housing currently exists in the City of Cohoes; and to protect the health, safety and general welfare of those residing within the district.
B.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1]
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
C.
Lot area and bulk regulations. The minimum related standards for the R-2 District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor’s Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
D.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
§ 285-37 Multifamily Residential District (MFR).
A.
Intent. The purpose of the Multifamily Residential District (MFR) is to provide an area for mixed or multifamily residential development at a density consistent with the surrounding residential uses. In existing mixed-use areas of the MFR District, and subject to a special use permit, small commercial uses may also be appropriate, generally in existing buildings. Generally, these areas are located near commercial/service centers and provide a transition between residential and commercial/industrial areas.
B.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1]
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
C.
Lot area and bulk regulations. The minimum related standards for the MFR District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor’s Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
D.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
§ 285-38 Mixed-Use District (MU-1).
A.
Intent. The Mixed-Use District (MU-1) is provided to accommodate the highest intensity and diversity of retail, business and upper-floor residential uses. This district shall focus upon high-quality design and materials consistent with the historic downtown, an accommodating historic district form, and promote an active, pedestrian-oriented public realm with connections to transit opportunities.
B.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1] Parking as a secondary use shall require a special use permit if the number of spaces constructed is above the required minimum.
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
C.
Lot area and bulk regulations. The minimum related standards for the MU-1 District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor’s Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
D.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
E.
General requirements.
(1)
Along existing streets, new buildings shall respect the general spacing of structures, building mass and scale, and street frontage relationships of existing buildings.
(a)
New buildings, which adhere to the scale, volume, spacing, and setback of existing buildings along fronting streets, exhibit demonstrable compatibility.
(b)
New buildings, which exceed mass and volume of existing buildings, may demonstrate compatibility by varying the massing of buildings to reduce perceived scale and volume.
§ 285-39 Waterfront Mixed-Use District (MU-2).
A.
Intent. The Waterfront Mixed-Use District (MU-2) shall provide activities and amenities consistent with one of the region's only waterfronts accessible from three sides. Included in this are services, waterfront-related services, offices, small workplaces, and civic and residential buildings central to the City's waterfront.
B.
Public access. All private development, directly adjacent to the water in the Waterfront Mixed-Use District shall provide public access in the form of a fifty-foot easement, which may be waived by the Planning Board only in cases in which the City does not feel access is appropriate for reasons of public health, safety or welfare.
C.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1]
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
D.
Lot area and bulk regulations. The minimum related standards for the MU-2 District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor’s Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
E.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
F.
Additional regulations.
(1)
For lots with direct water frontage, the lot line facing the waterfront will be considered the front lot line for all properties in the Waterfront Mixed-Use District.
(2)
The proposed building, structure, or use will not unnecessarily obstruct public or semipublic access to the waterfront.
(3)
The proposed design and arrangement of the building, structure or use will provide for pedestrian access to the waterfront and public views of the river to the maximum extent possible. Buildings on the waterfront side of any roadway shall permit pedestrian access from both the waterfront side and the road side of the building.
§ 285-40 Office/Retail Commercial District (C-1).
A.
Intent. The intent of the Office/Retail Commercial District (C-1) is to assure appropriate opportunities for areas primarily dedicated to office and retail use. Within the C-1 District, particular attention should be paid to facade treatments and signage, pedestrian circulation and, if applicable, building location and vehicle circulation so that the existing development pattern remains intact.
B.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1]
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
C.
Lot area and bulk regulations. The minimum related standards for the C-1 District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor’s Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
D.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
E.
Street-front architectural features. Street-front facades, particularly on infill lots, should be respectful of and consistent with adjacent buildings' stringcourse, cornice and water table heights, rhythm and proportion of windows and doors, and the scale and massing of architectural elements. Pedestrian amenities should be an integral part of the design.
§ 285-41 Industrial District (I-1).
A.
Intent. The Industrial District (I-1) is intended to identify areas best suited for industrial-related uses. The City understands the important role that industry plays in maintaining a consistent tax base and providing local employment opportunities. Industrial areas should be easily accessed by major roadways and/or rail and have appropriate buffers from residential and commercial uses.
B.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1]
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
C.
Lot area and bulk regulations. The minimum related standards for the I-1 District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor's Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
D.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
§ 285-42 Land Conservation District (LC).
A.
Intent. The purpose of the Land Conservation District (LC) is to delineate those areas where substantial development of the land in the form of buildings, structures or other impermeable surfaces is not desirable because of:
(1)
Special or unusual conditions of topography, drainage, floodplain or other natural conditions whereby considerable damage to buildings or structures and possible loss of life may occur due to the processes of nature; or
(2)
The lack of proper facilities or improvements resulting in the land not being suitable for development at the present time and where such facilities or improvements must be undertaken on an area-wide rather than an individual-parcel basis in order to serve adequately at a reasonable cost to the City.
B.
Permitted uses are identified in Schedule A, Zoning Schedule of Use Regulations, included at the end of this chapter.[1]
[1]
Editor’s Note: In the online version of the Code (eCode360®) Schedule A is included as an attachment to this chapter.
C.
Lot area and bulk regulations. The minimum related standards for the LC District shall be set forth in Schedule B, Schedule of Area and Bulk Regulations, included at the end of this chapter.[2]
[2]
Editor’s Note: In the online version of the Code (eCode360®) Schedule B is included as an attachment to this chapter.
D.
Special use permit; uses permitted with a special use permit from the City Planning Board, as identified in Schedule A, subject to the requirements of § 285-20D. Such uses are subject to the general development standards for specific uses related to regulations applicable to all zoning districts found in Article VII, to landscaping requirements in accordance with Article IX, to site plan review and approval in accordance with Article XIV and to other standards as may be required under site plan review by the Planning Board to assure development and operation of the use without a detrimental impact on adjacent uses.
§ 285-43 Planned Unit Development District (PDD).
A.
Purpose. Planned unit development (PDD) allows a landowner to propose a development project largely independent from current land use regulations otherwise applicable to that property. The purpose of this section is to promote flexibility in large-scale development by considering project proposals based upon a comprehensive, integrated and detailed plan rather than the specific constraints applicable to piecemeal lot-by-lot development under conventional zoning. A PDD should improve the quality of new development by encouraging aesthetically attractive features and promoting quality site and architectural design. A PDD will be reviewed by the Planning Board with final approval by the Common Council.
B.
Permitted uses. The following uses may be proposed for inclusion in a PDD. However, no use is permitted in a PDD unless specifically reviewed and recommended by the Common Council as part of the PDD plan.
(1)
Any residential use(s) proposed by the applicant which, as reasonably determined by the Planning Board, meets the requirements and objectives of this chapter. These may include dwelling units in the following forms:
(2)
Any uses that are permitted in the underlying zoning district, either by right or special use permit (at such time as this procedure may be established), except for those uses specifically prohibited below; any uses that are allowed in the underlying zoning district under an existing permit or as existing nonconforming uses.
(3)
Any nonresidential use(s) proposed by the applicant which, as reasonably determined by the Planning Board, meets the requirements and objectives of this chapter except for those specifically prohibited below. Nonresidential uses should be compatible in scale and design with residential uses, be attractive (in terms of building design, signage, lighting, and treatment of parking), and have a strong pedestrian and/or transit orientation. The types of nonresidential uses compatible with a PDD include (but are not limited to) the following:
(a)
Community function halls.
(b)
Neighborhood-scale commercial uses, such as convenience stores, craft stores, drugstores, restaurants, beauty shops, tailors, laundromats, banking establishments.
(c)
Professional offices.
(d)
Medical care uses, including medical care office buildings.
(e)
Day-care center for adults and children.
(f)
Civic uses, such as schools, government offices, and churches.
(g)
Inns and bed-and-breakfasts.
(h)
Indoor and outdoor recreation facilities.
(i)
Sales office for the sale or rental of property in the PDD.
C.
Prohibited uses and designs. The following uses and designs are not permitted in a PDD unless they are already allowed in the underlying zoning district under an existing permit or as existing nonconforming uses: commercial telecommunications towers/wireless communications facilities as a primary use; any industrial use, warehousing or storage as a primary use; automobile/vehicle dealerships (new or used); any individual retail sales or service operation with a building footprint exceeding 20,000 square feet; gasoline stations; any restaurant with a drive-up window and internally illuminated signage.
D.
Process. The process for administering a PDD is as follows:
(2)
The applicant submits a formal PDD application (also known as the proposed "PDD plan") as specified elsewhere in this section.
(3)
The Planning Board holds a public hearing on the PDD application and determines whether or not it is complete, in accordance with this chapter. The Board must take final action on the application within 62 days of a finding of completeness.
(4)
The Planning Board approves, denies, or approves with conditions the PDD application. An applicant may appeal any such decision of the Planning Board in the same manner specified for appeals for site plan review and subdivision approval.
(5)
The Planning Board maintains a record of all approved PDD plans with the City Clerk. The City of Cohoes has determined that a floating PDD is most appropriate and therefore no defined district boundary is identified on the Official Zoning Map.
(6)
Any development on the subject property must be consistent with the approved PDD master plan as determined by the Planning Board. While it is the PDD plan, rather than the underlying zoning district, that regulates development of the subject tract, there shall remain an underlying zoning designation for the tract at all times.
(7)
In the event active and substantial development or building has not begun on the site by the owner or the owner's successor-in-interest in accordance with the approved PDD plan within four years after the date of approval, or in accordance with other specific terms of the approval, then the PDD master plan shall be deemed to have expired and the underlying zoning shall then control development of the land. Landowners may apply to the Planning Board for extensions of this time period for good cause shown.
(8)
Landowners may apply to amend all or a portion of an approved PDD following the same process applicable to the establishment of a PDD. A landowner may extinguish a PDD by notifying the Planning Board in writing that he/she does not intend to utilize the PDD.
E.
Basic requirements. The following requirements apply:
(1)
PDDs are permitted as floating zones and are permitted in all zoning districts except multifamily residential. They are permitted on one or more lots, or portions of lots of land.
(2)
The minimum area required for a PDD shall be five contiguous acres of land. Where portions of the tract are separated by a road, road right-of-way, utility, waterway, or another like element, the land shall be deemed contiguous unless the intervening feature is of such a nature that the Planning Board determines that the land could not function effectively as a PDD.
(3)
The PDD shall be under unified ownership or control at the time of application. However, the tract may be subsequently subdivided consistent with the terms and conditions of the approved PDD plan. Multiple parties may own, manage, and/or develop various components of the PDD, provided that the overall PDD remains integrated.
F.
Standards of development. The following standards shall apply to all PDDs:
(1)
All PDDs shall contain a minimum of 15% of the total gross acreage of the site as open space. Plans for ownership and maintenance of all open space areas must be determined at the time of either master plan approval or site plan/subdivision approval.
(2)
No more than 50% of the PDD site, excluding open space, shall be devoted to parking, streets, buildings, and accessory structures, except in the case of a bona fide traditional neighborhood development.
(3)
Off-street parking and loading shall comply with Article XIV. However, the Planning Board may grant waivers for parking if the Board finds that waivers will be compatible with the design and purposes of the PDD.
(4)
All utilities shall be located underground, unless the Planning Board determines that significantly unfavorable site conditions warrant aboveground installation.
(5)
The overall residential density of a PDD may not exceed 20 residential dwelling units, excluding single-family homes which may not exceed eight units, per gross acre of the PDD tract. In determining appropriate density, in addition to other criteria here, the Planning Board shall pay special attention to the amount of developable land contained on the tract as determined or reasonably estimated in the submission materials. The commercial uses delineated above may be located in a flexible spatial environment, assuring compatibility with residential uses and with the overall development design, provided that nonresidential uses do not exceed 25% of the gross tract area of the PDD. These limitations herein: a) are maximums and should not be construed as by-right permitted levels of development, and b) may be waived in the case of a bona fide traditional neighborhood development.
(6)
No building shall exceed four stories in height (except for cupolas, dormers, building towers, and similar elements).
(7)
Flexible street design, compatible with the design of the PDD, is encouraged. Street designs which promote a sustainable community living environment within the PDD are encouraged. Street widths may be reduced from the provisions of this chapter and subdivision regulations (See Article XIII.) where a reduction in street size is compatible with the harmonious development of the PDD and accommodates emergency vehicles and other functional needs.
(8)
The PDD shall be in compliance with a) all standards contained within this chapter, including Article XIV, Site Plan Review and Approval, and Article XIII, Subdivision of Land, unless waived or modified as part of the PDD master plan, and b) all applicable local, state, and federal law relating to public health and safety, building construction, drainage, nuisances, and protection of natural and cultural resources. These standards may not be waived or modified.
(9)
All roads and structures shall be set back a minimum of 50 feet from all exterior PDD tract boundaries which abut residential uses except where transportation or use linkages are desired. Landscaping and other screening devices shall be designed to provide a reasonable buffer between the PDD and adjoining property except where compatible uses adjoin one another.
(10)
Private roads may be utilized, provided that acceptable arrangements are made for their ownership and maintenance.
(11)
In a PDD where ownership is subject to restrictions, covenants and other agreements, those documents shall be recorded in the Albany County Registry of Deeds and shall be subject to the reasonable approval of the Planning Board.
(12)
Where municipal water and/or sewer service is reasonably available, the applicant must tie in. However, for good cause, the Planning Board may grant a waiver from this requirement.
(13)
Any proposed covenants, restrictions, and easements must be approved by the Planning Board. A provision must be built into the documents providing for municipal enforcement of the covenants, restrictions, and easements at the City's option and at the developer's expense under appropriate circumstances.
G.
Criteria for review of PDD proposals. The following criteria shall guide the Planning Board in determining appropriate land uses, densities, and other development standards for the PDD. It is emphasized that the determination of whether or not a proposal meets the intent and objectives of this chapter is made by the Planning Board in its reasonable discretion. The Planning Board shall consider the following:
(1)
Standards of underlying zoning district: permitted uses, densities, and other standards. However, these standards shall not be controlling, provided that the applicant is otherwise in compliance with the terms of this chapter.
(3)
Consistency with the City of Cohoes' long-term planning goals.
(4)
Conformance with the intent and objectives of this chapter.
(5)
Infrastructure capacity and the effect of the PDD upon public services and public safety.
(6)
Prospective fiscal impact upon the City of Cohoes.
H.
Specific objectives. Every PDD should incorporate a number of the following elements. Their usage defines a PDD and justifies departures from standards otherwise applicable under conventional zoning (introduction of new uses, more intensive land uses, higher density, novel design approaches, etc.):
(1)
Traditional neighborhood development approaches.
(2)
Open space development approaches.
(3)
Creation of a network of narrow, attractive, walkable streets.
(4)
Inclusion of a harmonious mix of uses.
(5)
Provisions for quality architectural design.
(6)
Placement of structures on most suitable sites with consideration of topography, soils, vegetation, slope, etc.
(7)
Preservation of significant open space.
(8)
Preservation of natural vegetation and other important natural features.
(9)
Preservation of important cultural resources, such as stone walls and other archaeological sites.
(10)
Development of active or passive recreational areas.
(11)
Quality landscaping.
(12)
Use of sidewalks, bikeways, and other multi-use paths.
(13)
Use of traffic mitigation or traffic calming measures.
(14)
Significant screening of, or rear placement of, parking areas.
(15)
Sustainable design and construction practices promoting energy conservation.
(16)
Other public benefits, such as provision of a community center or day-care center.
(17)
Public access to community facilities in PDD.
(18)
Improve access to public transportation.
(19)
Improvements to public transit facilities.
I.
Submission requirements.
(1)
The applicant for a PDD shall provide the following materials (in format and number as reasonably determined by the Planning Board):
(2)
The applicant for a PDD shall provide the following information. Given the amount of information needed, it is recommended that the plan be developed and refined through several conceptual/preliminary iterations with the staff and Planning Board. Many of these items may be presented as approximations or preliminary estimates subject to change, where appropriate.
(a)
Present underlying zoning classification and zoning classification of all adjoining lots.
(b)
Topographic information on the tract, including soil types, wetlands, surface water, land contours, natural and cultural resources, ridges and knolls, rock outcrops, steep slopes, etc. This information may be presented in an overview format, in less detail than would be required of a site plan or subdivision application, provided that a clear sense of the tract is conveyed sufficient to evaluate the PDD proposal. (For example, wetlands need not be professionally delineated if potentially wet low-lying areas are roughly indicated.)
(c)
Total acreage of the tract; rough delineation of each land use area with approximate acreage.
(d)
Proposed uses for each land use area, preferably given with some specificity.
(e)
Proposed total number of dwelling units and overall residential density for the tract.
(f)
Proposed number of dwelling units for each land use area.
(g)
Proposed location, size, and use for each structure.
(h)
Proposed location, width, and materials of all streets, drives, sidewalks, and paths.
(i)
Proposed location and number of spaces for each parking area.
(j)
Proposed open space areas.
(k)
Natural and cultural resources proposed to be preserved.
(l)
Proposed buffers, if appropriate, to adjoining property.
(m)
Brief explanation or sketch of proposed landscaping.
(n)
Brief explanation or sketch of proposed water and sewer/septic systems.
(o)
Brief explanation or sketch of proposed stormwater management plan.
(p)
Brief explanation or sketch of other proposed utilities.
(q)
Brief explanation or sketch of proposed firefighting strategy.
(r)
Proposed architectural standards or guidelines or brief explanation/sketch of architectural treatment.
(s)
Proposed time schedule for completion of the project, phasing schedule (if applicable depending on scale and type of PDD), plans for bonding if applicable, and well thought out plan to ensure that the amenities will be completed as proposed and in a timely manner.
(t)
Proposed covenants, restrictions and easements and how they will be monitored and enforced, if applicable.
(u)
Proposed ownership arrangement of each section of the PDD, whether to be subdivided, held in fee simple, owned under a condominium arrangement, established as a homeowners' association, etc.
(v)
Proposed articles of incorporation and bylaws of any corporation and/or homeowners' association to be formed.
(w)
Any other information that the Planning Board or the City Attorney may deem reasonably necessary.
(3)
Interpretation/application of the PDD master plan. The Planning Board shall review any site plan or subdivision application for its conformity with the approved PDD master plan; however, the PDD will control over site review and subdivision regulations. The Board may use its discretion in determining if particular items are consistent with the intent of the PDD master plan.
(a)
Many items in the PDD master plan will be presented and construed to be in preliminary sketch form subject to preparation of detailed engineering analysis and some modification at the site plan/subdivision application stage consistent with the PDD master plan. These items include exact lot locations and layouts, exact locations of roads and paths, size and configuration of parking lots, utility information, water and sewer/septic, drainage, landscaping, and architectural renderings. (For example, the land plan may show numerous trees to be planted. The applicant would be able to significantly modify the locations and types of planting at the site plan stage, provided that the intent of the landscaping element as presented in the land plan is met.)
(b)
All development standards must ultimately be determinable for each land use area. Where specific development standards are neither stated nor implied in the PDD plan, the most appropriate standards otherwise applicable (from this chapter, including Article XIII, Subdivision of Land, and Article XIV, Site Plan Review and Approval) shall apply as determined by the Planning Board. (For example, an area designated for single-family homes in the PDD master plan does not specify front setbacks. The front setbacks contained in the City's primary single-family zoning district would then apply.)
§ 285-44 Historic Overlay District (HD).
A.
Intent.
(1)
Pursuant to the provisions of §§ 96-a and 119-dd of the General Municipal Law, it is hereby declared that the protection, enhancement, perpetuation and use of places, district sites, buildings, structures, works of art and other objects having a special character or special historical or aesthetic interest or value are a public purpose in the City of Cohoes, New York; and furthermore, in accordance with the provisions of said §§ 96-a and 119-dd by which the Common Council is empowered to provide by regulations, special conditions and restrictions for the protection, enhancement, perpetuation and use of such property, including appropriate and reasonable control of the use or appearance of neighboring private property within public view, or both, the purposes of this added article to this chapter are to:
(a)
Safeguard the heritage of the City of Cohoes by preserving a district or specific sites in the City which reflect elements of its cultural, social, economic, political, natural and architectural history.
(b)
Stabilize and improve property values.
(c)
Foster civic beauty.
(d)
Strengthen the local economy.
(e)
Promote the use of the Historic Overlay District and landmark sites for the education, pleasure and welfare of the citizens of the City.
(f)
Meet the state standards for participation in the statewide urban cultural park system.
(2)
Pursuant to these purposes, there shall be created in the City of Cohoes districts known as "Historic Overlay Districts" and sites known as "landmarks."
B.
Boundaries of Historic Overlay Districts. The Historic Overlay Districts shall be the areas shown and bounded as such on the map entitled "Zoning Map of the City of Cohoes, New York," as amended to date.
C.
Relationship to zoning district. The Historic Overlay District regulations as provided herein for said districts are intended to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares and neighborhoods of the Historic Overlay District. In all zoning districts lying within the boundaries of the Historic Overlay Districts, the regulations for both the zoning district and the Historic Overlay District shall apply.
E.
Designation of landmarks of Historic Overlay Districts.
(1)
The Historic Preservation and Architectural Review Board may recommend to the Common Council the designation of an individual property as a landmark if the property:
(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;
(b)
Is identified with historic personages;
(c)
Embodies the distinguishing characteristics of an architectural style;
(d)
Is the work of a designer whose work has significantly influenced an age; or
(e)
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
(2)
The Historic Preservation and Architectural Review Board may recommend to the Common Council the designation of a group of properties as an Historic Overlay District if the group:
(3)
Boundaries of each Historic Overlay District recommended to the Common Council for designation henceforth shall be specified in detail and shall be filed, in writing, in the office of the City Clerk for public inspection.
(4)
Notice of a proposed designation shall be sent by certified mail to the owner of a property proposed for designation announcing the time, date and place for a public hearing by the Historic Preservation and Architectural Review Board to consider the recommendation of the designation. Where the proposed designation involves 25 or more lots, such notice may instead be made by the publication of a legal notice once in a newspaper of general circulation at least 10 days prior to the date of the public hearing.
(5)
The Historic Preservation and Architectural Review Board shall hold a public hearing prior to its recommendation of the designation of any landmark or Historic Overlay District to the Common Council. The Board, 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 landmark or Historic Overlay District. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.
(6)
The Historic Preservation and Architectural Review Board shall forward recommendations concerning the designation of Historic Overlay Districts or landmarks to the Common Council for its consideration and action.
F.
Alterations; certificate of appropriateness.
(1)
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or property within an Historic Overlay District, nor shall any person make any material change in the appearance of such a property, its light fixtures, sign, sidewalks, fence, steps, paving or other exterior elements visible from a public street or alley which affect the appearance and cohesiveness of an Historic Overlay District or designated landmark, without first obtaining a certificate of appropriateness from the Historic Preservation and Architectural Review Board.
(2)
Such a certificate must be issued by the Historic Preservation and Architectural Review Board prior to the issuance of a building permit (or other permit granted for purposes of constructing or altering buildings and structures).
(3)
A certificate of appropriateness shall be required whether or not a building permit is required.
(4)
The certificate of appropriateness required by this section shall be in addition to and not in lieu of any building permit that may be required by any ordinance, local law, code, rule or regulation of the City of Cohoes.
(5)
Notwithstanding Subsection A of this section, a certificate of appropriateness shall not be necessary for the sole alteration of painting the exterior of an existing structure, except for painting previously unpainted masonry, within the Historic Overlay District, so long as the color used to paint the exterior is approved by the City Planner, who shall maintain a list of acceptable colors and examples of said colors.
G.
Criteria for approval of certificate of appropriateness.
(1)
In approving an application for a certificate of appropriateness, the Historic Preservation and Architectural Review Board shall not consider changes to interior spaces unless they are open to the public, nor changes to architectural features that are not visible from a public street. The Board's decision shall be based upon the following principles:
(a)
Properties which contribute to the character of a Historic Overlay District or a designated landmark shall be retained, with their historic features altered as little as possible;
(b)
Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and
(c)
New construction shall be compatible with the district in which it is located.
(2)
In applying the principle of compatibility, the Historic Preservation and Architectural Review Board shall consider the following factors:
(a)
The general designs, 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.
(e)
The importance of historic, architectural or other features to the significance of the property.
H.
Procedure for review of plans requiring permits.
(1)
Upon the application for a building permit, sign permit, fence permit or demolition permit for property within the Historic Overlay District or on a designated landmark, the Zoning Officer shall instruct said applicant to file an application for a certificate of appropriateness with the Historic Preservation and Architectural Review Board.
(2)
All plans and other information required for the permit being sought shall be submitted to the Historic Preservation and Architectural Review Board for review and action.
I.
Procedure for review of plans not requiring permits.
(1)
For the purpose of this article, any planned changes to the exterior appearance of properties within the Historic Overlay District which are or will be visible from the public way must be reviewed by the Historic Preservation and Architectural Review Board according to the powers and duties specified in §§ 285-22 and 285-23, whether or not a permit is required from the Building Department.
(2)
For changes not requiring a permit, an application for a certificate of appropriateness must be filed with the Building Department for such changes on forms provided. Such changes include but are not limited to landscaping, lighting, and banners. The applicant will provide plans and other information deemed necessary to adequately describe the intended changes to the exterior appearance.
J.
Murals. The Historic Preservation and Architectural Review Board shall review the commissioning of murals on buildings within the Historic Overlay District which shall be subject to the following:
(1)
Murals shall not directly involve the removing, covering, or significant changing of visible structural features important to defining the overall historic character of the building so that, as a result, the character is diminished.
(2)
All murals must be painted or mounted on the side or rear walls of the building and not on its primary facade, above its roofline, or on any of the building's decorative elements.
(3)
A mural may be of any size, but shall be in scale with the building's character and shall be appropriate for its location.
(4)
Paints and materials shall not chemically corrode nor compromise the integrity of the building's exterior structure.
K.
Procedure for establishing a hardship.
(1)
Applicability.
(a)
All applications for a modification or waiver of some or all of those historic preservation standards and guidelines in § 285-44 (Historic Overlay District) can only occur after a denial of a major certificate of appropriateness by the Historic Preservation and Architectural Review Board pursuant to § 285-44G.
(b)
An applicant whose certificate of appropriateness for the proposed demolition, removal or relocation of a designated landmark or contributing structure in a historic district that has been denied may apply for relief on the grounds of hardship.
(2)
Procedure.
(a)
An applicant may request, in writing a waiver or modification of the standards or guidelines or permission to demolish, remove, or relocate a designated landmark or a contributing structure in a historic district.
(b)
The Zoning Officer may require additional information from the applicant to determine practical difficulties or economic hardship claimed by the applicant.
(c)
The Architectural Review Board shall conduct a public hearing on the application to give the applicant and the public an opportunity to present their views on the application.
(d)
The burden of proof shall be on the applicant to provide evidence of a practical difficulty or economic hardship.
(e)
The Architectural Review Board may limit any waiver or modification of the standards or guidelines, or the approval of any demolition, removal, or relocation of a structure to the minimum required to alleviate the economic hardship or practical difficulty, including placing conditions upon the applicant.
(f)
The Architectural Review Board may approve or deny outright an application if it deems necessary based upon the applicant's claim of practical difficulty or economic hardship.
(3)
Review criteria.
(a)
A modification of standards and guidelines without the demolition, removal, or relocation of the building may be approved if the following conditions are met:
[1]
The applicant cannot realize a reasonable return if compliance with the guidelines set forth by the Architectural Review Board and outlined in this section are required.
[2]
The alleged hardship relating to the property is unique, and does not apply to a substantial portion of the district or neighborhood.
[3]
The requested change will not alter the essential character of the neighborhood.
[4]
The alleged hardship has not been self-created.
(b)
If demolition, removal, or relocation is proposed by the applicant, it may be approved under the following conditions:
[1]
The applicant has a site plan for the reuse of the affected property.
[2]
The denial will prevent the property owners from earning a reasonable return on investment, regardless of the use of the property.
[3]
The hardship is not self-inflicted and the property owner has not allowed the property to fall into a serious state of repair.
L.
Enforcement. After the certificate of appropriateness has been issued, the Zoning Officer shall from time to time inspect the construction, alteration or repair approved under such certificate and shall take such action as is necessary to enforce compliance with the approved plans.
§ 285-45 Floodplain District (FD).
A.
Intent. It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1)
Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;
(2)
Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3)
Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters;
(4)
Control filling, grading, dredging and other development which may increase erosion or flood damages;
(5)
Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
(6)
Qualify for and maintain participation in the National Flood Insurance Program.
B.
Objectives. The objectives of this section are to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood-control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities, such as water and gas mains, electric, telephone, sewer lines, streets and bridges located in areas of special flood hazard;
(6)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
(7)
Provide that developers are notified that property is in an area of special flood hazard; and
(8)
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
C.
General provisions.
(1) FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOOD or FLOODING(a) (b) FLOODPLAIN or FLOOD-PRONE AREA FLOODPROOFING FLOODWAY MANUFACTURED HOME MOBILE HOME NEW CONSTRUCTION ONE-HUNDRED-YEAR FLOOD or 100-YEAR FLOOD RECREATIONAL VEHICLE(a) (b) (c) (d) START OF CONSTRUCTION STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(a) (b) VARIANCE VIOLATION
Definitions for § 285-45. As used in this section, the following terms shall have the meanings indicated:
An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection A(1) of this definition.
Any land area susceptible to being inundated by water from any source. (See definition of "flooding.")
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
See "regulatory floodway."
A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a "recreational vehicle."
Has the same meaning as "manufactured home."
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community, and includes any subsequent improvements to such structure.
See "base flood."
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light duty truck; and
Not designed primarily for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
The date of permit issuance for new construction and substantial improvements to existing structures, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days after the date of issuance. The "actual start of construction" means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
(2)
Lands to which this section applies. This section shall apply to all areas of special flood hazard within the jurisdiction of the City of Cohoes.
(3)
Basis for establishing the areas of special flood hazard.
(a)
The areas of special flood hazard for the City of Cohoes, Community Number 360006, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[1]
Flood Insurance Rate Map Panel Numbers 360001C0086D, 360001C0087D, 360001C0088D, 360001C0089D, 360001C0091D, 360001C0093D (effective March 16, 2015), and any subsequent revisions to these map panels that do not affect areas under the community's jurisdiction.
[2]
A scientific and engineering report entitled "Flood Insurance Study, Albany County, New York, All Jurisdictions," dated March 16, 2015.
[3]
Inundation maps identifying dam failure inundation zones listed in the Emergency Action Plan (EAP) for Cohoes Reservoir No. 3, specifically Map Figures 2 and 3.
(b)
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at the Department of Building and Planning, City Hall, Cohoes, New York.
(4)
Interpretation; conflict with other laws. This section is adopted in response to revisions to the National Flood Insurance Program through October 27, 1997, and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance, such as Ordinance Nos. 82 and 99 for the year 1979 and No. 20 for the year of 1987. In their interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this section conflict with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the higher standards shall govern.
(5)
Penalties for noncompliance. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this section and any other applicable regulations. Any infraction of the provisions of this section by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation of the floodplain management regulations. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to penalties as described in Article IV of this chapter. Each day of noncompliance with this section shall be considered a separate offense. Nothing herein contained shall prevent the City of Cohoes from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this section for which the developer and/or owner has not applied for and received an approved variance under § 285-45F will be declared noncompliant, and notification will be sent to the Federal Emergency Management Agency.
(6)
Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Cohoes, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(7)
Severability. The invalidity of any subsection or provision of this section shall not invalidate any other subsection or provision thereof.
D.
Administration.
(1)
Designation of the local administrator. The City Engineer or his designee is hereby appointed local administrator to implement this section by granting or denying building permit applications in accordance with its provisions.
(2)
Establishment of building permit. A building permit shall be obtained before the start of construction or any other development within the area of special flood hazard in this community as established in § 285-45C for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown in the Flood Insurance Rate Map enumerated in § 285-45C(3), without a valid building permit. Application for a building permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question and existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(3)
Application stage. The following information is required for any new or substantially improved structure to be located in Zones A1-A30, AE, AH, or Zone A if base flood elevation data are available:
(a)
Elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures. Upon completion of the lowest floor, the permit holder shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor;
(b)
Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permit holder shall submit to the local administrator the as-built floodproofed elevation, certified by a licensed professional engineer or surveyor;
(c)
When required, a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in § 285-45E(1)(c);
(d)
A certificate from a licensed professional engineer or architect that the nonresidential floodproofed structure will meet the floodproofing criteria in § 285-45E(2)(b);
(e)
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in § 285-45C(3), when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained;
(f)
A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether the proposed development located in an area of special flood hazard may result in physical damage to any other property; and
(g)
In Zone A, when no base flood elevation data are available, base flood elevation data shall be provided by the permit applicant for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres.
(4)
Construction stage. In Zones A1-A30, AE, AH, and also Zone A if base flood elevation is available, upon placement of the lowest floor, or floodproofing by whatever means, it shall be the duty of the permit holder to submit to the local administrator a certificate of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer unless it is fully licensed and ready for highway use. Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected.
(5)
Duties and responsibilities of the local administrator. Duties of the local administrator shall include, but not be limited to:
(a)
Permit application review. The local administrator shall:
[1]
Review all building permit applications to determine that the requirements of § 285-45D(3) have been satisfied.
[2]
Review all building permit applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
[3]
Review all new construction and substantial improvements to determine whether the proposed building site will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, the development must meet the applicable standards of § 285-45E.
[4]
Review all building permit applications to determine if the proposed development adversely affects the area of special flood hazard. For the purposes of this section, "adversely affects" means physical damage to adjacent properties (e.g., stream bank erosion and increased flood velocities). An engineering study may be required of the applicant for this purpose.
[a]
If there is no adverse effect, then the permit shall be granted consistent with the provisions of this section.
(b)
Use of other base flood and floodway data. When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data nor identified a floodway, or when base flood elevation data have not been provided in accordance with § 285-45C, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other authoritative source, including data developed pursuant to § 285-45D(3)(g) in order to administer § 285-45E.
(c)
Information to be retained. The local administrator shall retain and make available for public inspection copies of the following:
[1]
All building permits and certificates of compliance;
[2]
Certifications of as-built lowest floor elevations of structures, required pursuant to § 285-45D(4), and whether or not the structures contain a basement;
[3]
Floodproofing certificates required pursuant to § 285-45D(4), and whether or not the structures contain a basement;
[5]
Notices required under § 285-45D(5)(d).
(d)
Alteration of watercourses. The local administrator shall:
[1]
Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Administrator, Federal Emergency Management Agency, Region II, 26 Federal Plaza, New York, New York 10278.
[2]
Determine that the permit holder provided maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(e)
Interpretation of FIRM boundaries. Base flood elevation data established pursuant to § 285-45C and/or 285-45D, when available, shall be used to accurately delineate the areas of special flood hazard. The local administrator shall use flood information from any other authoritative source, including historical data, to establish the limits of the areas of special flood hazard when base flood elevations are not available.
(f)
Stop-work orders.
[1]
All floodplain development found ongoing without an approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 285-45C(5) of this section.
[2]
All floodplain development found noncompliant with the provisions of this section and/or the conditions of the approved permit shall be subject to the issuance of a stop-work order by the local administrator. Disregard of a stop-work order shall be subject to the penalties described in § 285-45C(5) of this section.
(g)
Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable said inspector to certify, if requested, that the development is in compliance with the requirements of either the building permit and/or any approved variance.
(6)
Certificate of compliance.
(a)
In areas of special flood hazard, as determined by documents enumerated in § 285-45C(3), it shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this section.
(b)
All other development occurring within the designated flood hazard area will have, upon satisfactory completion, a certificate of compliance issued by the local administrator. All certifications shall be based upon the inspections conducted subject to § 285-45D(5)(g) and/or any certified elevations, hydraulic information, floodproofing, anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit.
E.
Provisions for flood-hazard reduction.
(1)
General standards. In all areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 285-45C(3)(a)[1], the following standards are required:
(a)
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement during base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
(b)
Construction materials and methods.
[1]
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[2]
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
[3]
Enclosed areas.
[a]
For enclosed areas below the lowest floor of a structure within Zones A1-A30, AE or AH, and also Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding, designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria:
[b]
Openings may be equipped with louvers, valves, screens, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. An enclosed area which is subgrade on all four sides shall be considered a basement and is not permitted.
(c)
Utilities.
[1]
New and replacement electrical, heating, ventilation, plumbing, air-conditioning equipment and other service equipment shall be designed and/or located at least two feet above the base flood elevation so as to prevent water from entering or accumulating within the components during a flood and to resist hydrostatic and hydrodynamic loads and stresses. Electrical wiring and outlets, switches, junction boxes and panels shall also be elevated and/or designed to prevent water from entering and accumulating within the components unless they conform to the appropriate provisions of the electrical part of the Building Code of New York State or the Residential Code of New York State for location of such items in wet locations. When designed for location below the base flood elevation, a professional engineer's or architect's certification is required.
[2]
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
[3]
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall.
[4]
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(d)
Subdivision proposals.
[1]
All subdivision proposals shall be consistent with the need to minimize flood damage.
[2]
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
[3]
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
[4]
Base flood elevation data shall be provided for subdivision proposals and other proposed developments greater than either 50 lots or five acres.
(e)
Encroachments.
[1]
Within Zones A1-A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other developments (including fill) shall be permitted unless:
[a]
The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or
[b]
The City of Cohoes agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional Flood Insurance Rate Map revision, FEMA approval is received and the applicant provides all necessary data, analysis and mapping and reimburses the City of Cohoes for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburses the City of Cohoes for all costs related to the final map revision.
[2]
On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 285-45C(3), no new construction, substantial improvement or other development in the floodway (including fill) shall be permitted unless:
[a]
A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or
[b]
The City of Cohoes agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional Flood Insurance Rate Map and floodway revision, FEMA approval is received and the applicant provides all necessary data, analysis and mapping and reimburses the City of Cohoes for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the City of Cohoes for all costs related to the final map revision.
(2)
Specific standards.
(a)
Residential construction. The following standards apply to new and substantially improved residential structures located in areas of special flood hazard, in addition to the requirements in § 285-45E(1):
[1]
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation.
[2]
Within Zone A, when no base flood elevation data are available, new construction and substantial improvements shall have the lowest floor, including basement or cellar, elevated at least three feet above the highest adjacent grade.
[3]
Within Zone AO, new construction and substantial improvements shall have the lowest floor, including basement or cellar, elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map enumerated in § 285-45C(3) or two feet above the highest adjacent grade where no elevation data is available.
[4]
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
(b)
Nonresidential construction. The following standards apply to new construction and substantial improvements of any commercial, industrial or other nonresidential structure located in areas of special flood hazard, in addition to the requirements in § 285-45E(1).
[1]
Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure shall either:
[a]
Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or
[b]
Be floodproofed so that the structure is watertight below two feet above the base flood level, including attendant utility and sanitary facilities, with walls substantially impermeable to the passage of water. All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
[2]
Within Zone AO, new construction and substantial improvements of nonresidential structures shall:
[a]
Have the lowest floor, including basement or cellar, elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the Flood Insurance Rate Map enumerated in § 285-45C(3), or two feet above the highest adjacent grade where no elevation data are available.
[b]
Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in § 285-45E(2)(b)[1][b].
[3]
If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for the construction and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of § 285-45E(2), including the elevation (in relation to mean sea level) to which the structure is to be floodproofed.
[4]
Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.
[5]
Within Zone A, when no base flood elevation data are available, the lowest floor, including basement or cellar, shall be elevated at least three feet above the highest adjacent grade.
[6]
The local administrator shall maintain on record a copy of all such certificates noted in this section.
(c)
Manufactured homes and recreational vehicles. The following standards apply to manufactured homes and to recreational vehicles located in areas of special flood hazard, in addition to the requirements in § 285-45E(1).
[1]
[2]
A manufactured home that is placed or substantially improved in Zones A1-A30, AE and AH shall be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
[3]
Within Zone A, when no base flood data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home class is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse, or lateral movement.
[4]
Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as two feet above the depth number specified on the Flood Insurance Rate Map enumerated in § 285-45C(3)(a)[1] (at least two feet above the highest adjacent grade if no depth number is specified).
(d)
Floodways. Located within areas of special flood hazard are areas designated as "floodways." (See definitions, § 285-5.) The floodway is an extremely hazardous area due to high-velocity floodwaters carrying debris and posing additional threats from potential erosion forces. When floodway data are available for a particular site as provided by § 285-45C and D, all encroachments, including fill, new construction, substantial improvements and other development, are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
F.
Variance procedure.
(1)
The Zoning Board of Appeals, as established by the City of Cohoes Zoning Code § 285-17C, shall hear and decide appeals and requests for variances from the requirements of this chapter.
(2)
The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.
(3)
Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4)
In passing upon such applications, the Zoning Board of Appeals shall consider all relevant factors, standards specific in other sections of this chapter, and:
(a)
The danger that materials may be swept onto other lands to the injury of others;
(b)
The danger to life and property due to flooding or erosion damage;
(c)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d)
The importance of the services provided by the proposed facility to the community;
(e)
The necessity to the facility of a waterfront location, where applicable;
(f)
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g)
The compatibility of the proposed use with existing and anticipated development;
(h)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area;
(i)
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j)
The costs to local government and the dangers associated with conducting search and rescue operations during periods of flooding;
(k)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(l)
The costs of providing governmental services during and after flood conditions, including search and rescue operations and maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems and streets and bridges.
(5)
Upon consideration of the factors of § 285-45F(4)(a) through (l) and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
(6)
Availability. Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the factors enumerated in § 285-45F(4) have been fully considered. As the lot sizes increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(7)
Issuance. Variances shall only be issued upon receiving written justification that the variance is the minimum necessary, considering the flood hazard, to afford relief. The writing shall include:
(a)
A showing of good and sufficient cause;
(b)
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c)
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, or create nuisances, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.
(8)
Notification. Any applicant, pursuant to this section, to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that:
(9)
Recordkeeping. The local administrator shall maintain the records of all appeal actions and all technical information as well as all notifications issued pursuant to § 285-45F(4), in accordance with § 285-45D(5). Any variance issued pursuant to this section shall be reported to the Federal Emergency Management Agency upon request.
(10)
Conditions for variances.
(a)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots within existing structures constructed below the base flood level, provided that items in § 285-45F(4)(a) through (l) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of historic structures upon determination that:
(c)
Variances may be issued for a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that:
(d)
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(e)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(f)
Variances shall only be issued upon receiving written justification of:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, or create nuisances, cause fraud or victimization of the public or conflict with existing local laws or ordinances.
(g)
Notice.
[1]
Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that:
[2]
Such notification shall be maintained with the record of all variance actions as required in § 285-45F(9) of this chapter.