Menands Village City Zoning Code
ARTICLE 1
Introductory Provisions
§ 169-1 Title; repeal of prior law.
A.
This Zoning Law shall be known and may be cited as the "Zoning Law of the Village of Menands, New York." For convenience, it is also referred to as the "Zoning Law."
B.
This chapter repeals and replaces the Village of Menands Zoning Law as adopted by Local Law 1 of 1976 on March 1, 1976, and all subsequent amendments.
§ 169-2 Enacting clause.
Pursuant to the authority conferred by Article 2 of Municipal Home Rule Law and Article 7 of the Village Law of the State of New York, the Village Board of the Village of Menands hereby adopts and enacts this chapter. This chapter shall take effect immediately upon filing as required by law.
§ 169-3 Scope.
This chapter regulates and restricts the location, construction, alteration, occupancy and use of buildings and structures and the use of land in the Village of Menands in Albany County, divides the Village into zoning districts for said purposes and provides for the administration and enforcement provisions herein contained and fixes penalties for the violation thereof.
§ 169-4 Purpose.
The regulations embodied in this chapter are adopted in order to promote public health, safety, and general welfare, and for the following purposes:
A.
Promote orderly development: to promote and effectuate the orderly physical development of the Village of Menands in accordance with the Comprehensive Plan, as amended, and other relevant studies, and findings.
B.
Facilitate desirable forms of development: to promote the vision of a strong sense of place with a recognizable Village center, attractive residential and mixed-use neighborhoods, and a variety of services and amenities for residents in a walkable, village setting.
C.
Meet current and future housing demands: to make provisions for a growing residential population, providing housing options serving a range of income levels while preserving the quality of existing stable residential districts.
D.
Promote commerce and economic reinvestment: to protect, enhance, and promote existing and new commercial, industrial, and mixed uses, and continuous economic reinvestment in the Village.
E.
Promote complete streets: to ensure new and updated public and private projects are planned, designed, maintained, and operated to enable safe, comfortable, and convenient travel to the greatest extent possible for users of all abilities, including pedestrians, bicyclists, motorists, and transit riders.
F.
Conserve and enhance property values: to encourage the most appropriate uses of land in the community in order to conserve and enhance property values.
G.
Promote energy conservation, low-impact development, and environmentally sensitive development.
H.
Preserve historic and natural features: to preserve historic and natural features and accommodate new development in such a way as to maintain and enhance the desirable aesthetics of the Village.
I.
Elimination of nonconforming uses: to gradually eliminate nonconforming uses.
§ 169-5 Interpretation; conflict with other laws.
A.
For purposes of interpretation and application, these regulations shall be deemed to be the minimum requirements necessary for the purposes enumerated above. Except where expressly provided otherwise, it is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any rule, regulation or ordinance of the Village relating to the use of land or building; nor is it intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of land or buildings than is imposed or required by any other statute, ordinance, rule or regulation or by any easement, covenant or agreement, the provisions of this chapter shall control. In the event of conflict in the terminology of any section or part thereof of this chapter, the more restrictive provisions shall prevail.
B.
In the event of a conflict between diagrams or illustrations and the written text of this chapter, the written text shall apply.
§ 169-6 Severability.
Should any provision of this chapter be declared illegal or unconstitutional by a court of competent jurisdiction to the extent that the other provisions of this chapter can be implemented without such illegal or unconstitutional provision, such other provisions shall remain in effect.
§ 169-7 How to use this chapter.
Understanding zoning is important for anyone looking to sell, purchase, or develop land in Menands. Most property owners can understand the rights and restrictions related to a parcel of land by utilizing this document and the Zoning Map to find information about a specific property.
A.
The first step in the process should be to find the parcel on the Zoning Map (online or in person at the office of the Building Inspector).
B.
Once you have found the property, you can look up the zoning district. See §§ 169-8 and 169-9. Most properties in Menands will have only one applicable zoning district.
C.
The next step is to check the allowable uses, dimensional and bulk requirements to understand which uses are permitted as of right, by site plan, or those requiring a special use permit. See Articles 2, 3, and 4.
D.
When looking up the parcel, be sure to check whether your property is within the Broadway Form-Based Code Districts: BBD, T4 or T5. These districts have additional requirements listed in § 169-23 of this chapter.
E.
Regardless of the applicable zoning districts, certain allowable uses may be subject to supplemental regulations. See Article 9, Supplemental Regulations.
F.
This explanation is meant to be a high-level description of how to use and understand the Village Zoning Code. If you are intending to purchase property or begin construction, it is best to contact the Village Building Department to discuss your project with the Code Enforcement Officer before you start.
§ 169-8 Enumeration of zoning districts.
To fulfill the purposes of this chapter, the Village of Menands is hereby divided into the following zoning districts:
Residential Districts | |
R-60 | Open Space Residential |
R-20 | Rural Residential |
R1 | Single-Family Residential |
R2 | Two-Family Residential |
R2A | Townhouse Residential |
R3 | High-Density Residential |
R4 | Multifamily Residential |
Broadway Corridor Form-Based Districts | |
BBD | Broadway Business District |
T4 | Neighborhood District |
T5 | Village Center District |
Business and Industrial Districts | |
B | Business |
HI | Heavy Industrial |
LI | Light Industrial |
Open Space and Land Conservation Districts | |
C | Cemetery |
LC | Land Conservation |
§ 169-9 Official Zoning Map.
A.
The locations and boundaries of the zoning districts established in § 169-8 are shown on the map entitled "Village of Menands, New York, Zoning Map." The Zoning Map is located in Appendix 1.[1] For convenience, the Official Zoning Map of the Village of Menands may also be referred to as the "Zoning Map."
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
B.
The Zoning Map, together with everything shown thereon and all amendments thereto, is hereby adopted by reference and accompanies and is declared to be an appurtenant part of this chapter. Said Zoning Map indicating the latest amendments shall be kept up to date in the office of the Village Clerk and Building Department for the use and benefit of the general public.
§ 169-10 Interpretation of district boundaries.
A.
Unless specifically shown to the contrary on the Zoning Map, the boundary lines of districts shall follow and run parallel to either property lines, municipal boundary lines, the center lines of streets, right-of-way lines, highway or public utility easements, or the center line of creeks or streams.
B.
Distances not specifically indicated on the Zoning Map shall be determined using the scale shown on the Zoning Map.
C.
If the district classification of any land is in question, it shall be deemed to be in the more restrictive of the two districts or in the district in which higher standards are imposed.
D.
Questions concerning the exact location of the district boundary lines shall be resolved by the Code Enforcement Officer.
§ 169-11 Conformance required; zoning verification.
A.
The general zoning regulations and zoning districts as herein set forth are approved and established.
B.
No building shall be erected, moved, altered, rebuilt, or enlarged, nor shall any land or building be used, designed, or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.
C.
The Code Enforcement Officer or their designee is hereby exclusively authorized and directed to make the initial determination as to whether a proposal delineated in a particular application submitted pursuant to this chapter is in compliance with the requirements of said chapter.
D.
No application of any nature required to be submitted pursuant to the provisions of this chapter shall be granted by any Village official without first obtaining a written verification from the Code Enforcement Officer that the proposed use described in said application is permitted in the zoning district where it is proposed to be located or developed and that the proposal otherwise appears to be in compliance with the provisions of this chapter.
E.
An application for zoning verification shall include but not be limited to the following:
(1)
A description of the permits and/or approvals being applied for and a narrative description of the proposed use and project.
(2)
A proposed plot plan (sketch) with all buildings and structures (both existing and proposed), showing dimensions of all buildings and structures and the property and building setbacks, proposed building heights, road frontages on public highways and paper streets, zoning district boundaries within 500 feet of the subject property and existing and proposed property lines.
(3)
Street address of the proposed project and the Tax Map section, block, and lot information for the subject property.
(4)
Such other information that the Code Enforcement Officer may deem reasonably necessary to make the determination.
F.
After the Code Enforcement Officer has determined that a proposed use is permitted within the subject zoning district, said determination shall be transmitted to the appropriate Village officials, who may then further process the subject application(s). If, as the project progresses through the approval process, compliance with any other requirement of this chapter is identified as an issue(s), the Code Enforcement Officer shall also determine such issue(s) of compliance with provisions of this chapter, and such issues must be resolved before the permit(s) being applied for may be granted by any Village official.
§ 169-12 Expenses.
In addition to any fees required under any section of the Village Code, the Village Board and the Zoning Board of Appeals shall require each applicant for any review, permit or approval of any planned development district, special use permit, site plan, subdivision review or a variance, to deposit an amount established by the respective Board as its estimate to pay for the fees and/or costs of any engineer, planner, consultant, or attorney designated by the Board to review such application or to perform inspections during construction. The fees and/or costs charged by such engineer, planner, consultant, or attorney in connection with such review or inspections will be charged against the sum deposited. Any portion of the review amount remaining shall be returned to the applicant within 45 days of final action on the application, and any portion of the inspection amount remaining shall be returned to the applicant within 45 days after issuance of the certificate of occupancy. The amount of the fees and/or costs shall be established by the Board from which the applicant seeks approval.