Rensselaer City Zoning Code
ARTICLE III
Regulations Applicable to All Zoning Districts
§ 179-24 Special use permits.
A.
Purpose and intent. The purpose of this section is to provide greater flexibility in the placement of certain kinds of uses when, because of their unique characteristics, these uses are such that they can be compatible with and complementary to the uses now permitted in the zone, provided that appropriate safeguards are imposed. Additionally, this section intends to provide the framework for adequate review and tighter control of certain uses which have a marked effect on the surrounding area due to their unusual design, operational characteristics, or the amount of traffic they generate.
B.
Authorization to grant or deny special uses. The special uses listed in this chapter may be permitted, enlarged, or otherwise altered upon authorization by the Planning Commission in accordance with the standards and procedures set forth in this section and such additional standards as may be set forth for such special uses elsewhere in this chapter. The zoning variance procedure before the Zoning Board of Appeals shall not be used to acquire authorization to enlarge, modify or otherwise alter a special use or to amend a special use permit. Such authorization may be granted by the Planning Commission, only. In permitting a special use or the modification of a special use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by the chapter, any additional conditions the Planning Commission considers necessary to protect the best interests of the surrounding properties or the City of Rensselaer as a whole. These conditions include, but are not limited to, controlling the location and number of vehicle access points, limiting the number, size and location of signs, and required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. In the case of uses existing prior to the effective date of this chapter and classed in this chapter as special use, any change in use, lot area or an alteration of structure shall conform with the requirements dealing with special uses.
C.
General standards. The following general standards apply to all special permit uses:
(1)
The use shall be so designed, located and operated to ensure protection of the public health, safety and welfare.
(2)
The use shall not cause substantial injury to the economic value of other property in the neighborhood where it is to be located.
(3)
The use shall be compatible with other adjoining development and the character of the zoning district where it is to be located.
(4)
Adequate landscaping and screening shall be fully provided.
(5)
Adequate off-street parking and loading shall be provided, and ingress and egress shall be designed to cause minimum interference with traffic on abutting streets.
(6)
The use shall conform with all applicable regulations governing the zoning district where it is to be located.
D.
Procedure for application and review.
(1)
Application requirements. If a use is only permitted by special use permit, as set forth in the Bulk and Use Tables, the applicant shall make a written application for review and approval to the Planning Commission on official forms provided by the Planning Commission. At a minimum, the application shall include the following:
(a)
The applicant's name, address and interest in the subject property.
(b)
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(c)
The street address and legal description of the subject property.
(e)
A written statement addressing the standards relevant to the proposed use and other regulations outlined in this article pertaining to specific uses, and stating specifically how the proposed special use permit relates to and meets each standard.
(f)
A map showing the property and all properties within a radius of 500 feet to the exterior boundaries thereof.
(g)
Plans and elevations necessary to show the proposed development and other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties as required by this chapter.
(h)
Any additional information which may be required to demonstrate compliance with any additional standards imposed on the special use permit by the particular provision of this article authorizing the special use.
(2)
Fee. Every application for a special use permit shall be accompanied by a fee, which shall be set from time to time by the City of Rensselaer City Council and posted in the City Clerk's office.
(3)
Public hearing on special use. Before a special use is permitted, the proposed special use shall be considered by the Planning Commission at a public hearing.
(a)
The Planning Commission shall set a time and place for a public hearing on any such application for special use permit, and shall provide public notice at least five days prior to the date on the official newspaper of the City of Rensselaer.
(b)
The City shall also, insofar as practicable, mail notices of the hearing to all property owners, as appearing on the latest tax roll of the City, within a five-hundred-foot radius regardless of whether or not the owner resides therein, unless the City Clerk has definite knowledge of other addresses of absentee owners. Compliance with this subsection shall not be a condition precedent to proper legal notice, and no hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notices provided for in this section.
(c)
The Planning Commission may deny, approve or approve with conditions a special use permit. Reasonable conditions or safeguards may be imposed upon approval of a special use to reduce to a minimum any detrimental effect.
(4)
Required referral. A full statement on any application for special use permit that meets the referral requirements of § 239(l) and (m) of the General Municipal Law shall also be referred to the Rensselaer County Bureau of Planning for its review. No action shall be taken by the Planning Commission on such application until an advisory recommendation has been received from the Bureau of Planning or 30 days have elapsed since the Bureau received such full statement.
(5)
Decisions. Every decision of the Planning Commission shall be recorded in accordance with the standard forms adopted by the Commission. Every decision shall be by resolution of the Commission, by majority vote thereof, and notification shall be provided to the applicant within five days after the decision has been rendered. Each such decision shall be filed in the office of the City Clerk within 10 calendar days thereof.
(6)
Expiration of approval. Unless construction or use is commenced and diligently pursued within six months of the date of issuance of the special use permit, such special use permit shall become null and void.
§ 179-25 Home occupations.
See definition in Article I. Home occupations are permitted within structures that are in accordance with the Bulk and Use Tables for the district in which the structure sits.
A.
Purpose. The general purpose of the home occupation regulations is to ensure that home occupations are compatible with the residential character of the residential districts in which they are located.
B.
Permitted home occupations. All permitted home occupations are subject to the requirements and procedures of site plan review and approval as set forth in Article VI of this chapter. To be deemed a home occupation, the use must be clearly incidental, accessory, and secondary to the residential use of the property. Subject to the requirements herein and notwithstanding anything to the contrary set forth above, customary home occupations include but are not limited to the following:
(1)
Office facilities for accountants, architects, brokers, engineers, land surveyors, lawyers, insurance agents, realtors and practitioners of similar occupations.
(2)
Office facility of a salesperson, sales representative or manufacturer's representative. This use is subject to the specific limitations contained elsewhere in this section.
(3)
Office facilities for ministers, priests, rabbis, or other religious leaders.
(4)
Home crafts, such as model making, rug weaving, and lapidary work.
(5)
Workshop or studio for an artist, photographer, graphic designer, website designer, craftsman, writer, composer, dressmaker, tailor or computer programmer.
(6)
Facilities for instruction to not more than three pupils at any given time, such as in music, dance, art or crafts.
(7)
Homebound employment of a physically or mentally handicapped person who is unable to work away from home by reason of disability.
(8)
Limited barbershop and hairstylist. This use is subject to the specific limitations contained elsewhere in this section.
(9)
All other home occupation uses which are customary in residential areas and which can be conducted without substantial change in the appearance, character, or generation of pollution and traffic of the residence.
C.
Prohibited home occupations. Notwithstanding anything contained herein to the contrary, permitted home occupations shall not in any event be deemed to include:
(1)
Nursing homes, medical clinics or hospitals.
(2)
Antique or furniture shops.
(3)
Barbershops, hairstylists or beauty salons except for limited barbershops and hairstylists in accordance with the limitations contained elsewhere in this section.
(4)
Funeral homes, mortuaries or embalming establishments.
(5)
Restaurants or bars.
(6)
Private clubs or lodges.
(7)
Stables, kennels or animal hospitals.
(8)
Boardinghouses, tourist homes or bed-and-breakfast establishments.
(9)
Renting of trailers.
(10)
Garage or shop for the repair of motor vehicles.
D.
General standards.
(1)
The profession or other occupation shall be carried on wholly within the dwelling or customary accessory buildings.
(2)
Only the members of the household occupying the premises and a maximum of one nonresident employee may conduct the activity. A nonresident employee shall be permitted to assist with the operation of a home occupation subject to the following requirements and limitations:
(a)
Participation by the nonresident employee shall be in a subordinate capacity only, incidental to the conduct of the home occupation as, for example, the services of a clerical assistant.
(b)
The nonresident employee shall not participate, totally or partially, in the capacity of an additional practitioner or professional, or as a partner or professional associate.
(3)
Except for articles produced on the premises, no stock-in-trade shall be stored on the premises. Individual samples of specific goods available for sale, whether produced on the premises or elsewhere, may be kept on premises, in a limited quantity, for customer viewing.
(4)
No more than 25% of the total floor area of the dwelling unit or more than 300 square feet of floor area, whichever is lesser, shall be utilized in the conduct of the home occupation.
(5)
No offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare or other objectionable effects shall be produced by the home occupation. All home occupations are additionally subject to the regulations found in § 179-60.
(6)
In no way shall the appearance of the structure be altered nor shall the activity within the residence be conducted in a manner which would cause the premises to differ from its residential character or from residential character generally, except that a single nonlighted sign, not exceeding one square foot in area and install on the building, shall be permitted for the purposes of business identification.
(7)
Not more than one home occupation may occur on a residential lot.
(8)
No outdoor display of goods or outdoor storage of goods, equipment or material used in the home occupation shall be permitted.
(9)
The sale of property at retail is prohibited, except as a minor or subordinate part of a permitted home occupation use or except as a mail-order business.
(10)
No traffic shall be generated by such use in any greater volume than would normally be expected from a single dwelling unit in the residential neighborhood in which the use is to be located.
§ 179-25.1 Clearing and ground disturbance permits.
[Added 1-17-2018 by L.L. No. 1-2018]
A.
No clearing, grubbing, excavation/grading may be done at any property in the City without being first approved by the Building Department. The City Building Inspector will issue a building permit for these activities. The City Engineer shall provide technical assistance to the Building Department for granting of permits.
B.
The following provides for submission requirements for the threshold indicated:
(1)
Any of these activities requires the submission of a permit application and a drawing prepared and stamped by a New York State licensed engineer, surveyor, or landscape architect. These drawings will minimally contain a grading plan and a sediment and erosion control plan prepared per NYSDEC Bluebook recommendations.
(2)
Any site requiring more than one acre of disturbance will require all of those requirements provided for in Subsection B(1) above and will also require that a stormwater pollution prevention plan (SWPPP) be prepared. The SWPPP will be prepared by a qualified person and will be submitted to the City and NYSDEC along with a notice of intent. This will provide for project coverage under General SPDES Permit GP-02-01. Disturbances of greater than one acre must also be approved by the City Planning Commission. This will require the submission of the appropriate SEQRA form and a site plan application.
C.
The City Engineer will provide technical assistance to the Building Department for permit application review. All comments from the Engineer shall be resolved prior to a permit being issued.
D.
Upon issuance of a permit, the applicant shall provide a written project schedule and shall attend a preconstruction meeting with the City Engineer, the City's MS-4 Coordinator, and the Building and Zoning Administrator.
E.
During construction the City Engineer, MS-4 Coordinator, and/or the Building and Zoning Administrator will visit the site to ensure compliance with the approved SWPPP and/or sediment and erosion control plan.
F.
Any violations noted during City inspections will be provided to the permittee. Twenty-four hours will be given to address those deficiencies. If not completed within 24 hours, fines may be issued. If not completed within 48 hours, the site will be red-tagged and all work must stop until those deficiencies are addressed to the satisfaction of the City. Additional fines may be levied at each twenty-four-hour increment until all issues are addressed. The minimum fine for any violation is $250.
§ 179-26 Bed-and-breakfasts.
The purpose of bed-and-breakfast regulations is to ensure that operations are compatible with and do not disrupt the residential neighborhoods in which they are located. A bed-and-breakfast establishment is permitted in accordance with the Bulk and Use Tables, subject to the following standards.
A.
A bed-and-breakfast shall only be established in a single-family detached dwelling.
B.
A maximum of five guestrooms and a maximum of 10 overnight guests at any time shall be permitted in any one bed-and-breakfast establishment.
C.
No food preparation, except beverages, is allowed within individual guestrooms. Meal service may only be provided to overnight guests, except in the case of special events or similar functions, subject to the requirements in § 179-37.
D.
All parking areas on property (except driveways) shall be behind the required building setback line and shall be screened from the view of adjacent residences to a height of six feet by a solid screening fence, or by dense shrubs and vegetation.
E.
The operator of the bed-and-breakfast shall be a full-time resident of the dwelling in which the bed-and-breakfast establishment is housed and shall have no on-premises employees, except the owner or family member.
F.
No exterior evidence of the bed-and-breakfast establishment shall be allowed, except for parking and either one attached wall sign no larger than eight square feet, or one freestanding sign in the yard no larger than 12 square feet, and located at least five feet from any lot line. No additional advertising of any kind is allowed on site. The Planning Commission shall have discretion regarding the location of the attached or freestanding sign.
G.
An event application shall be filed for special events or similar functions to be held on the premises. Guests for such events shall be limited to a total of 30 (including overnight guests). In cases where an application is required, the following procedure shall be adhered to.
(1)
Event application. An event application shall be made in writing and submitted to the City upon forms prescribed by and provided by the City of Rensselaer and shall contain the following information:
(a)
The name, address and telephone number of the applicant.
(b)
Location of buildings, structures or land to which, or upon which, the event is to be held.
(c)
Date, time, duration, and expected number of guests for the event.
(d)
An explanation as to how the impact to surrounding properties will be mitigated. Such explanation shall address parking, noise, and visual impacts.
H.
The Planning Commission shall use as criteria for the granting of a special use permit:
(1)
The square footage of the property dedicated to the use of the business compared to the total square footage of the building or buildings intended for the business usage.
(2)
Adequate parking site adjacent to or available to the building intended for the use.
(3)
Use of surrounding properties and density of dwellings proximate to the subject property.
(4)
Upon renewal, violation of any law, rule, regulation or ordinance of the City of Rensselaer, the State of New York or the United States of America arising out of the use of the property as a bed-and-breakfast.
(5)
Any other matter which impacts (either positively or negatively) upon the zone where the special permit is intended to be used or upon the community as a whole.
I.
The Planning Commission shall, as part of any vote to grant or deny a special use permit, set forth its determinations in the record.
J.
The Zoning Board of Appeals shall have the authority to impose additional reasonable conditions and restrictions as are directly related to and incidental to the proposed bed-and-breakfast establishment.
K.
Special use permits shall expire five years from issuance, or upon sale of the building so used, or upon the owner no longer continuously occupying and operating the business, whichever shall sooner occur.
§ 179-27 Manufactured home parks.
The purpose of these regulations is to permit a more liberal mixture of housing options while ensuring that manufactured home parks are safe and sanitary for human habitation and are compatible with surrounding land uses. Manufactured home parks are permitted in accordance with the Bulk and Use Tables and are subject to the following standards.
A.
All preexisting single-wide manufactured homes installed and occupied pursuant to this section shall conform to the New York State Code, Rules and Regulations.
B.
All manufactured homes installed and occupied pursuant to this section shall also comply with such additional construction regulations as may be adopted by resolution by the Planning Commission.
C.
All single-wide manufactured homes must be located in a manufactured home park.
D.
All manufactured homes located in a manufactured home park must be skirted prior to the issuance of a certificate of occupancy.
E.
No manufactured home or communal recreation area in a manufactured home park shall be located within 40 feet of a preexisting single-family or two-family residential lot.
F.
Private roads providing access to individual lots in a manufactured home park shall have pavement as required by the Department of Public Works.
G.
Every manufactured home park shall provide common recreational open space furnished with suitable equipment at a standard of 100 square feet per dwelling unit with a minimum area of 1,600 square feet per area.
H.
Manufactured home parks shall be served by public water and sanitary sewers.
§ 179-28 Motor vehicle service stations.
The purpose of this section is to mitigate potentially harmful impacts stemming from the presence and operation of motor vehicle service stations by controlling ingress and egress, setbacks, buffers, and operations.
A.
In addition to the information required for site plan review, as specified in Article VI, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth of placement below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B.
All fuel pumps shall be located at least 15 feet from any street or property line.
C.
The entire area of the site traveled by motor vehicle shall be hard-surfaced.
D.
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site, except in accordance with an approved site plan. No motor vehicle parts or partially dismantled motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.
E.
Up to five unlicensed motor vehicles may be temporarily stored for a period not to exceed two months, at a repair or service establishment if adequate off-street parking spaces are available.
F.
Ingress and egress. Ingress and egress points shall be located a minimum of 40 feet from the intersection of right-of-way lines of any streets.
G.
Landscaped area. A five-foot-wide landscaped area shall be provided along all gasoline service station property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. The landscaped area shall be densely populated with a mixture of shrubs, trees and fence to create a screen.
H.
Accessory uses; gasoline service stations. Other than the sale of cigarettes, candy, soft drinks and other items from vending machines in an effectively screened area, the following accessory uses shall be permitted in gasoline service stations only pursuant to a special use permit procedure:
(1)
Rental trailers. An additional 100 square feet of area shall be provided for each rental trailer. Not more than 10 rental trailers shall be stored on site at one time. Storage shall be to the rear of the front building line.
(2)
Rental trucks. An additional 200 square feet of area shall be provided for each rental truck. Not more than eight trucks shall be stored on a site at any one time. Storage shall be to the rear of the front building line.
(3)
Rental combination. Where both trailers and trucks are offered for rent, not more than 12 units total shall be located on a site at any one time.
(4)
Convenience stores. This retail business establishment may be permitted as an accessory and subordinate use subject to the following regulations:
(a)
A gasoline service station must contain a minimum lot area of 12,500 square feet.
(b)
The total building area shall occupy no more than 30% of the lot. Building area excludes canopy covers, pump islands, and product dispensers.
(c)
The Zoning Board of Appeals and the Planning Commission shall have the authority to impose such reasonable conditions and restrictions as are related to, and incidental to, the proposed accessory use. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such use may have on the neighborhood or community, and to protect, preserve and advance the intent of this chapter.
I.
Accessory goods for sale may be displayed outdoors on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be placed on the respective island if provided for in a suitable stand or tank.
J.
No motor vehicle establishment with fuel-dispensing equipment shall be located within 300 feet of any public entrance to a church, school, library, hospital or charitable institution. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
K.
The architecture, materials, and color scheme of canopies over pump islands shall be consistent with and reflect the design of the primary building of the establishment. Illumination originating from a canopy shall only be directed towards the ground. Canopies shall not be any larger than is necessary to contain extinguisher systems, fuel supply systems, and other necessary utilities.
L.
No new or used motor vehicles shall be sold or exhibited for sale on any part of the lot.
M.
No motor vehicles left for service shall be parked nearer than 30 feet to the street line or lines of the lot, nor left on the lot for a period exceeding 30 days.
§ 179-29 Kennels.
The purpose of this section is to ensure the safe and sanitary operation of kennels in conjunction with surrounding land uses. Kennels shall be subject to the following requirements:
A.
Demonstration that the kennel will not create nuisance conditions for adjoining properties due to noise or odor.
B.
Demonstration that all animals will be confined to the property.
C.
Demonstration of adequate methods for sanitation and sewage disposal.
D.
Every kennel and its associated outside dog runs shall be located at least 150 feet from the nearest dwelling (other than the owner or user of the property) and at least 50 feet from any lot line.
§ 179-30 Quarries and pits; filling and excavating.
The purpose of the regulations found in this section is to mitigate nuisances associated with quarries and pits or filling and excavating activities. In addition, these regulations provide for operational safety and adequate buffering from adjacent activities. Quarries and pits, filling and excavating are subject to the following requirements.
A.
Mining and excavation, including the loading, hauling and/or processing of sand, gravel, soil, shale, topsoil and any aggregate material shall be permitted, provided that:
(1)
Any excavation or filling, including removal of topsoil, shall require site plan review by the Planning Commission in accordance with the requirements of this section and the requirements specified in Article VI.
(2)
All applicable state and federal regulations shall be fully complied with.
(3)
A time schedule for completion of either the entire operation or each stage of the operation is submitted for approval.
(4)
An operations plan, including the number and types of trucks and other machinery to be used on and off the site, is submitted for approval.
(5)
A performance bond to assure proper rehabilitation of the site is posted in an amount approved by the Planning Commission.
(6)
All such applications for a special use permit shall be prepared by a licensed professional engineer and accompanied by further documentation, as may be required by the Planning Commission.
B.
General standards.
(1)
Placement of fill must be in accordance with Planning Commission approved site plans, particularly sections in relation to drainage, erosion control and flood hazard prevention. Installation or improvement of natural or constructed drainage channels may be required to assure adjacent property owners are not negatively impacted by fill activities.
(2)
A buffered area of not less than 150 feet is established between the operation and the nearest property line.
(3)
Any grade alteration, which involves removal of vegetation, but no built improvements on an area greater than 5,000 square feet, shall be seeded to provide an effective cover crop within the first season after initiation of the grade change operation.
(4)
Only unregulated fill materials, such as uncontaminated soil, asphalt, brick, stone, concrete, glass and organic debris from the premises may be used in such fill activities.
(5)
Any special use permit issued for such uses shall be restricted to an area not to exceed 50 acres and a time period not to exceed two years.
(6)
No mining or excavation operations shall be conducted before 7:00 a.m. or after 6:30 p.m.
§ 179-31 Temporary uses and structures.
The purpose of these regulations is to provide for the termination of uses and structures which are temporary in nature to protect and maintain the character of the underlying zoning district. Temporary use permits may be issued by the Building and Zoning Administrator for a period not exceeding one year or end of project, whichever is lesser, for nonconforming uses incident to housing and construction projects, including such structures and uses as the storage of building materials and machinery, the processing of building materials, a real estate office located on the tract being offered for sale or a temporary dwelling, such as a recreational vehicle with appropriate provisions for water supply and sewage disposal used during construction of a dwelling, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit or issuance of any applicable Certificate of Occupancy. Such permits may be renewed upon application to the Building and Zoning Administrator for additional periods not exceeding one year.
§ 179-32 Swimming pools.
The purpose of this section is to protect the general public from the hazards and nuisances that may be associated with private swimming pools. Residential swimming pools shall comply with the Property Maintenance Code of New York State, as well as other relevant sections of the New York Code, Rules and Regulations. Pool and deck placement shall comply with structure setback requirements of the applicable zoning district. In addition, swimming pools shall be subject to the following requirements:
A.
Location. All swimming pools and the appurtenances thereto shall be constructed and located so as to have a yard not less than four feet in width on all sides except where the pool is attached to, or part of, a principal structure.
B.
Setback for corner lots. All swimming pools constructed on corner lots shall conform to the setback required for a principal residential structure on the secondary or side streets.
C.
Fences. For the protection of the general public, all swimming pools shall be effectively fenced by an artificial enclosure not less than four feet nor more than six feet in height. For pools projecting above the ground and which are self-enclosed by the exterior projections thereof, said enclosures shall be construed to satisfy the requirements of this provision, provided they are not less than four feet in height above the ground, and provided further that any openings in the enclosure affording access to the pool proper be provided with a gate containing an automatic or manual locking device affixed in such a manner as to exclude small children.
D.
Artificial lighting. Artificial lights for the illumination of swimming pools shall be designed, constructed and maintained so that no direct ray shall cross any property line.
E.
Maintenance equipment. All heating, filtering, disinfectant and recirculation equipment shall not be located at any point within 10 feet from adjacent property lines and shall be effectively screened and enclosed so as to not adversely affect the character of surrounding properties; no equipment shall be permitted, the use of which by reason of the emission of noise, vibrations, dust or odors would be considered obnoxious or dangerous to the health and safety of the public.
F.
Municipal pools excluded. The provisions of this subsection shall not be applicable to municipally owned and operated swimming pools.
§ 179-33 Accessory buildings and dwelling units.
The purpose of this section is to provide affordable and flexible housing opportunities where public facilities and services are available while minimizing the impacts on adjacent residences. Accessory dwelling units are subject to the following regulations.
A.
Accessory buildings.
(1)
There shall be not more than two accessory structures, other than a permitted sign, of which, no more than one shall be a private garage, on any lot used for residential purposes. A building permit for accessory buildings may only be issued if the residence is occupied and has a valid certificate of occupancy or certificate of compliance. Design of and exterior material on accessory structures should be the same as or similar to those used on primary structure.
(2)
Accessory structures in residential districts not attached to the principal structure may be erected in accordance with the following requirements:
(a)
An accessory building not exceeding 15 feet in height may occupy not more than 30% of a required rear yard.
(b)
No accessory structure shall be located within five feet of side and rear lot lines.
(c)
No accessory structure shall be located closer to the street than the front yard setback required for principal structure in the district in which such accessory structure may be located.
(d)
For corner lots the setback from the side street shall be the same for accessory buildings as for principal buildings.
(3)
Accessory structure in residential districts attached to the principal structure shall comply in all respects with the yard requirements applicable to the principal structure.
(4)
Accessory structures in nonresidential districts shall comply fully with the front and side yard requirements for the principal structure to which they are accessory and shall not be closer to any rear property line than 10 feet.
(5)
Accessory structures in accordance with the above criteria the footprints of which exceed 800 square feet, or 50% of the size of the primary structure, whichever is less, must receive a special use permit from the Planning Commission.
B.
Accessory dwelling units.
(1)
The owner(s) of the lot upon which the accessory dwelling unit is located shall reside within the principal or accessory dwelling unit and continue to occupy one of the dwelling units as their primary residence, except for bona fide temporary absences.
(2)
An owner of a lawful single-family use shall be permitted only one accessory dwelling unit.
(3)
An accessory dwelling unit may be located either in the principal building or in a detached accessory building.
(4)
Design of and exterior material on accessory structures should be the same as or similar to those used on the primary structure.
(5)
The unit will be a complete, separate housekeeping unit containing both kitchen and bath.
(6)
Any new separate or outside entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building.
(7)
No accessory structure shall be located closer to the street than the front yard setback required for principal structure in the district in which such accessory structure is located.
(8)
The area for an accessory dwelling unit shall not exceed 35% of the area of the principal dwelling unit or 400 square feet, whichever is lesser.
§ 179-34 Drive-through or drive-in facilities.
The purpose of this section is to minimize the impact of drive-in or drive-through facilities on adjacent land uses by regulating ingress and egress, noise, and design. In addition to the standards specified in this section, drive-in or drive-through facilities are subject to the regulations found in § 179-60 of this chapter.
A.
All vehicle stacking areas shall be clearly identified through the use of pavement markings, signs and/or curbing and landscaping features and shall be designed so they do not interfere with safe pedestrian and vehicle circulation on the site or along the public right-of-way.
B.
Each stacking space shall be no less than 10 feet in width and 20 feet in length. Each drive-in facility shall provide a minimum of six stacking spaces. Each drive-in facility shall additionally provide a bypass lane of at least 10 feet in width.
C.
All drive-in establishment vehicle stacking areas shall be located a minimum of 30 feet from any lot line adjoining a residential property.
D.
Any speaker system installed as part of the drive-in establishment shall be located a minimum of 50 feet from any property line adjoining a residential property, and not exceed 60dBA.
E.
Drive-in facilities shall be sited and designed in such a way to reinforce the walkable, historic characteristics of the City and shall pay special attention to the relationship between the building and the public street.
F.
Minimum lot size shall be 25,000 square feet.
G.
The capacity of the drive through stacking lanes should not interfere with the overall traffic flow within the parking lot.
H.
Each parcel with a drive-in facility shall be limited to one point of shared ingress and egress. Where possible, cross access to the closest shared drive shall be provided.
I.
Menu boards shall be a maximum of 20 square feet with a maximum height of five feet and shall be shielded from any public street and residential properties with decorative treatments and landscaping.
J.
Landscaping along exterior lot lines shall include a five-foot to ten-foot wide vegetative buffer of deciduous trees and shrubs or a six-foot fence screening constructed of low maintenance natural materials, including brick, stone, or wood with a vegetative buffer of two to five feet from the exterior lot lines.
K.
Luminaries or lighting fixtures shall not exceed 16 feet in height in vehicular areas and 10 feet in height in pedestrian areas.
L.
Flood and area lighting shall be prohibited.
M.
No outdoor lighting shall have an intensity greater than 0.5 foot-candle at the development property line.
§ 179-35 Telecommunications facilities.
A.
Legislative intent. The City of Rensselaer recognizes the increased need and demand for wireless communications transmitting facilities. Often these facilities require the construction of a communications tower. The intent of this section is to protect the City's interest in siting telecommunications facilities in a manner consistent with sound land use planning by:
(1)
Minimizing visual effects of facilities through careful design, siting and vegetative screening.
(2)
Avoiding potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(3)
Maximizing use of any existing towers, buildings and structures.
(4)
Allowing wireless service providers to meet their technological and service objectives for the benefit of the public.
B.
Approval of telecommunications facilities.
(1)
No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after the granting of a special use permit by the City Planning Commission and in conformity with the provisions of this section. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.
(3)
In reviewing an application for a special permit for a telecommunications tower, the Planning Commission shall, at a minimum, require that the following criteria be met:
(a)
Approval of lease. On municipal or government-owned property, a telecommunications facility shall be permitted upon execution of a lease with the municipality or the government entity and upon the issuance of a building permit. For any property owned by the City of Rensselaer, all leases shall be approved by the Planning Commission and shall address relevant issues of safety, height, aesthetics, setbacks, future expansions of the facility and co-location. A telecommunications facility on municipal or government-owned property shall not require review or approval from the Planning Commission.
(b)
Site plan approval. A telecommunications facility which does not require the construction of a new tower shall be permitted upon site plan approval from the Planning Commission in accordance with the standards set forth in Subsection C, standards for site plan review, and upon the issuance of a building permit.
(c)
Expanded site plan approval. Where a new tower is required, a telecommunications facility shall be permitted upon expanded site plan approval from the Planning Commission in accordance with the standards set forth in Subsection E, standards for expanded site plan review, and upon the issuance of a building permit.
C.
Standards for site plan review. The following standards, criteria and requirements shall apply to each site plan review by the Planning Commission for a telecommunications facility:
(1)
Location. Preference shall be given that the proposed facility be located in a higher use district or on higher-intensity-use property. Such preference, from most favorable to least favorable, is as follows:
(2)
Safety. The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.
(3)
Height. Telecommunications facilities on buildings or structures shall be no higher than 60 feet from the ground, unless the applicant submits sufficient information to justify a greater height as the minimum necessary to achieve its coverage objectives.
(4)
Aesthetics.
(a)
The telecommunications facility shall be situated in a manner that minimizes its proximity and visibility to residential structures.
(b)
Every effort shall be made to camouflage the facility within or behind architectural features to limit its visibility from public ways and residential uses while still permitting the facility to perform its designated function.
(c)
Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
(d)
The facility shall blend in with the existing building's architecture and, if over five square feet, shall be painted or shielded with material which is consistent with the design feature and material of the building.
(e)
Antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5)
Preference for municipal or government-owned sites. All telecommunications facilities erected, constructed or located within the City shall comply with the following requirements:
(a)
A proposal for the facility shall not be approved unless the Planning Commission finds that the antenna planned for the proposed facility cannot be accommodated on an existing structure located on municipal or government-owned property within a one-mile search radius of the proposed facility due to one or more of the following:
[1]
The antenna would exceed the structural capacity of the existing structure, as documented by a qualified professional engineer, and the municipality or government entity has refused to reinforce, modify or replace the structure to accommodate the planned or equivalent antenna.
[2]
The antenna would cause interference materially impacting the usability of other existing antenna at the structure, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.
[3]
Existing structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.
[4]
Other reasons that make it infeasible to locate the antenna upon an existing structure.
D.
Application materials and supporting documentation for site plan review. Each applicant for site plan approval from the Planning Commission shall submit the following:
(1)
An environmental assessment form (long form) with the visual environmental assessment form (visual EAF) addendum.
(2)
A site plan prepared to scale and in sufficient detail and accuracy showing the following:
(a)
The exact location of the proposed telecommunications facility, together with any guy wires and guy anchors, if applicable.
(b)
The maximum height of the proposed telecommunications facility.
(c)
If applicable, a detail of tower type (monopole, guyed, freestanding, or other).
(d)
If applicable, the location, type and intensity of any lighting on the tower.
(e)
Property boundaries and names of adjacent landowners.
(f)
Proof of the landowner's consent, if the applicant does not own the property.
(g)
The location of all other structures on the property and all structures on any adjacent property within 100 feet of the property lines, together with the distance of those structures to any proposed telecommunications facility.
(h)
The location, nature and extent of any proposed fencing, landscaping and/or screening.
(i)
The location and nature of proposed utility easements and access road, if applicable.
(3)
A written report certifying that the applicant has made substantial effort to locate on municipal or governmental property, including the following information:
(a)
The availability of any municipal or governmental property.
(b)
The extent to which the municipal or governmental properties do or do not meet the applicants needs, supported by engineer's certifications as set forth in Subsection C(5), Preference for municipal or government-owned sites.
(c)
The reason why the subject site was chosen.
(4)
A certification from a qualified licensed engineer that the telecommunications facility meets applicable structural safety standards.
(5)
A certification from a qualified licensed engineer that the telecommunications facility will not interfere with local radio and/or television frequencies or with public safety communications.
(6)
An engineering analysis of the radio emissions. The analysis shall be prepared and signed by a New York State-licensed professional engineer specializing in electrical engineering with expertise in radio-communications facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy, including but not limited to non-ionizing electrical radiation, generated from the proposed facility are within the allowable limits established by the FCC. If the telecommunications facility will be co-located with an existing facility, the cumulative effects of all facilities must also be analyzed. The power density analysis shall be based on the assumption that all co-located antennas are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the manufacturer.
(7)
A search ring prepared, signed and sealed by a qualified radio frequency engineer registered in New York State and overlaid on an appropriate background map demonstrating the area within which the wireless communications facility needs to be located in order to provide the proper signal strength and coverage to the target area.
(8)
An agreement, in writing, signed by the applicant and the owner of the property, stating that the applicant will remove the facility if it becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The agreement shall state that if the facility is not removed after the twelve-month abandonment period and after the City has given 90 days' notice and an opportunity for a hearing to the applicant and the owner, the City may remove the facility and may charge any costs plus 50% to the applicant.
E.
Standards for expanded site plan review. The following standards, criteria and requirements shall apply to each application for extended site plan approval by the Planning Commission for a telecommunications facility:
(1)
Site plan review criteria. All the standards, criteria and requirements for site plan review shall apply for the review of an application for expanded site plan review.
(2)
Setbacks. All towers shall be set back from all adjacent property lines a sufficient distance to safeguard the general public and/or adjacent property. In the absence of any evidence supporting a greater or lesser setback distance, a setback of the tower from any adjacent property line equal to the tower height plus 10 feet and a front setback of at least 75 feet shall be deemed adequate. Accessory structures and guy anchors must comply with the minimum setback requirements of the underlying district.
(3)
Safety.
(a)
A road turnaround and two parking spaces shall be provided to assure adequate emergency and service access.
(b)
All towers and guy anchors, if applicable, shall be enclosed by a fence not less than six feet in height or otherwise sufficiently secured to protect them from trespassing or vandalism.
(4)
Height. The height regulations otherwise applicable in the underlying district shall not apply to towers, provided that the applicant submits sufficient information to justify the proposed height as the minimum necessary to achieve its coverage objectives.
(5)
Aesthetics. Telecommunications facilities shall be located and buffered to the maximum extent practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize adverse aesthetic effects on neighboring residences to the extent possible, the Planning Commission may impose reasonable conditions on the applicant, including the following:
(a)
The Planning Commission may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and accessory structures to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(b)
The Planning Commission may require that the tower be designed and sited so as to avoid, if possible, application of Federal Aviation Administration (FAA) lighting and painting requirements, it being generally understood that the tower should not be artificially lighted, except as required by the FAA.
(c)
The tower shall be either blue/gray in color, have a galvanized finish or be colored appropriately to the extent that the tower is as unobtrusive as possible, unless otherwise required by the FAA. Accessory facilities should maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(d)
No tower shall contain any signs except signs displaying contact information and safety instructions. Such signs shall not exceed five square feet in surface area.
(6)
Co-location requirements. All towers erected, constructed or located within the City shall comply with the following requirements:
(a)
A proposal for a tower shall not be approved unless the Planning Commission finds that the antenna planned for the proposed tower cannot be accommodated on an existing tower or structure within a one-mile search radius of the proposed tower due to one or more of the following:
[1]
The antenna would exceed the structural capacity of the existing tower or structure, as documented by a qualified professional engineer, and the existing tower or structure cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
[2]
The antenna would cause interference materially impacting the usability of other existing antenna at the tower or structure, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost.
[3]
Existing towers or structures within the search radius cannot accommodate the antenna at a height necessary to function reasonably, as documented by a qualified professional engineer.
[4]
Other reasons that make it infeasible to locate the antenna upon an existing tower or structure.
(b)
Any proposed tower shall be designed structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying height.
F.
Application materials and supporting documentation for expanded site plan review. Each applicant for expanded site plan review from the Planning Commission shall submit the following:
(1)
All application materials and supporting documentation required for a site plan review of a telecommunications facility.
(2)
A written report inventorying existing towers and/or structures within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new structure. The applicant shall submit documentation demonstrating good-faith efforts to secure shared use on existing towers and structures as well as documentation of the technical, physical and/or financial reasons why shared usage is not proposed, as set forth in Subsection E(6)(a). Written requests for shared use shall be provided where applicable.
(3)
A written agreement stating that the applicant is committed to co-location of telecommunications facilities and that the applicant will negotiate in good faith for shared use of the proposed tower in the future. The applicant shall also agree to the following:
(a)
To respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.
(b)
To negotiate in good faith concerning future requests for shared use of the new tower.
(c)
To allow shared use of the new tower if another applicant agrees in writing to pay charges.
(d)
To make no more than a reasonable charge for shared usage based on generally accepted accounting principles.
G.
Technical consultants. The Planning Commission may retain technical consultants as it deems necessary to provide assistance reviewing the site plan or expanded site plan application. The applicant shall bear the reasonable costs associated with such consultation, which costs shall be assessed as an application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.
H.
Procedural requirements.
(1)
Public notice. The applicant shall notify adjacent property owner within 500 feet, by first-class mail, of the filing of any application for site plan and expanded site plan review.
(2)
Public hearing. The Planning Commission shall conduct a public hearing within 62 days from the day an application is received for either site plan or expanded site plan review. The applicant shall notify adjacent property owners within 500 feet, by first-class mail, of the public hearing. Said notices must be mailed at least 10 days prior to the public hearing.
(3)
Decision. The Planning Commission shall issue a decision within 30 days after the hearing. The time within which the Planning Commission must render its written decision may be extended by mutual consent of the applicant and the Planning Commission. Any denials by the Planning Commission shall be in writing and supported by substantial evidence.
I.
Monitoring.
(1)
Non-ionizing electrical radiation. The applicant shall ensure and shall demonstrate to the approving authority that emissions of non-ionizing electrical radiation (NIER) are in compliance with standards established by the FCC or any subsequent superseding standards. If at any time during the operation of the wireless telecommunications facility or attached wireless telecommunications facility the radio frequency emissions are not in compliance with standards established by the FCC, the operator shall immediately notify the City and immediately terminate the operation of the facility. Before resuming operation, the operator shall explain to the approving authority the cause of the failure to comply with radio frequency emission standards established by the FCC and demonstrate to the approving authority all measures taken to prevent such noncompliance in the future.
(2)
The owner and/or user of the wireless telecommunications facility or attached wireless telecommunications facility, after construction thereof, shall annually submit a report, to the City Engineering Administrator, prepared by a qualified professional engineer or engineers. Such report shall provide an analysis of the non-ionizing electrical radiation emitted by the facility and shall be accompanied by sufficient underlying data so that the analysis can be reviewed for accuracy and completeness by a person expert in the field. After receiving the recommendation of the City Engineering Administrator, the approving authority may refer the report for professional review at the owner's expense. If the owner and/or user demonstrates that an acceptable comparable report is routinely made to another agency in satisfactory intervals, the approving authority may authorize the submission of such comparable report to the City Engineering Administrator, in lieu of the annual report required above.
(3)
Future review by Planning Commission. The Planning Commission shall review any site plan or expanded site plan approval at five-year intervals, to determine whether the technology in the provision of telecommunications has changed such that the necessity for the approval has been eliminated or modified, and whether the approval should be modified or terminated as a result of such change.
J.
Exemptions. The following types of telecommunications facilities are not subject to the provisions of this section:
K.
Effect of law on existing telecommunications facilities. Telecommunications facilities in existence that do not conform to or comply with this section are subject to the following provisions:
(1)
Telecommunications facilities may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this section.
(2)
If such facility is hereafter damaged or destroyed due to any reason or cause whatsoever, the facility may be replaced or restored to its former use, location and physical dimensions without complying with this law; provided, however, that if the cost of repairing the facility to the former use, physical dimensions and location would be 10% or more of the cost of a new facility of like kind and quality, then the facility may not be repaired or restored except in full compliance with this section.
L.
Interpretation; conflict with other laws. 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 general welfare of the residents of the City of Rensselaer. This section is not intended to interfere with, abrogate or annul other rules, regulations or ordinances, provided that whenever the requirements of this section are at variance with the requirements of any other lawfully adopted regulations, rules or ordinances, the most restrictive, or those that impose the highest standards, shall govern.
§ 179-36 Parabolic or dish-type antennae.
The purpose of this section is to promote the health, safety and general welfare of the public by regulating the siting of parabolic or dish-type antennae and to protect the character of the City of Rensselaer while promoting the needs of its residents.
A.
No parabolic or dish-type antenna shall be erected, constructed, altered or maintained on any lot within the City without complying with the terms of this article.
B.
All parabolic or dish-type antennae located outside of a building shall meet the following requirements:
(1)
The maximum number permitted per lot, project site in the case of garden apartments, condominiums or similar types of complexes shall be one.
(2)
All antennae shall be constructed so that the total height of the antenna is no higher than four feet above base of its mounting point. In addition, in the case of masts, masts shall not exceed 10 feet without first obtaining a special use permit, subject to the requirements of § 179-24.
(3)
The maximum diameter shall be 24 inches. Any dish exceeding 24 inches shall require a special use permit, as outlined in § 179-24.
(4)
Parabolic and dish-type antennae are not permitted to be mounted on the front facade of a structure.
(5)
No antenna may be located upon any lot except that lot upon which the building to be served is located.
(6)
No antenna may be located upon any trailer or portable device or vehicle except for demonstration purposes not exceeding 15 days.
(7)
No antenna shall be operated so as to create any sound, disturbance or other effect which is audible or can be sensed at any point beyond the lot lines upon which it is located.
(8)
No antenna shall be constructed upon any lot by any tenant or lessee without the written consent of all of the owners thereof.
C.
Construction to meet requirements. No parabolic or dish-type antenna shall be made operational in the City until the City Engineer shall certify in writing that the construction plans meet the requirements of this article, a permit is issued and that the final construction thereof meets the requirements of this article.
§ 179-37 Special events.
This section is intended to permit Common Council discretion and oversight for events that intend to disrupt usual pedestrian or vehicular travel patterns or require additional City services. A special event may be organized by a person or entity within the City of Rensselaer subject to approval by the Common Council. The applicant of a special event shall submit an application to the City, on forms provided by the City, not less than 60 days prior to the proposed special event. Special events may not exceed 10 consecutive days in any calendar year.
A.
Application requirements. Special event applications shall include the following information:
(1)
Detail and schedule of events;
(2)
Detail and schedule of significant impacts;
(3)
Statement of community benefit;
(4)
Anticipated daily attendance;
(5)
Dates and hours of event, including setup and load-out schedule;
(6)
Maps of use locations and planned activities;
(7)
Scope of required public services;
(8)
Transportation plan if significant impacts are anticipated; and
(9)
Maps depicting the location of any restrooms, parking, or other temporary facilities.
§ 179-38 Garage sales.
The purpose of these regulations is to control and restrict garage or yard sales to casual and/or occasional occurrences to mitigate impact to surrounding residences and protect the character of the underlying district.
A.
Number of sales; duration; hours.
(1)
No person or nonprofit corporation shall operate, conduct, manage or present a yard sale upon his/her/its premises or other property under its control more often than three times per calendar year, and said sale shall not be continued for a period of time of more than three consecutive days.
(2)
No sale shall be conducted before 8:00 a.m. or after 7:00 p.m.
B.
Persons and sales excepted. The provisions of this section shall not apply to or affect the following persons or sales:
(1)
Persons selling goods pursuant to an order of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and duties as public officials.
(3)
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
(4)
Any sale that is part of a City-sanctioned event, such as a City-wide garage sale.
§ 179-40 Adult uses.
A.
Purpose and intent. It is recognized that there are certain uses which, because of their nature, have objectionable operational characteristics and produce deleterious effects upon adjacent areas. It is the intent to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of residents. The regulations specified herein are not intended to limit or restrict freedom of speech, nor to condone or legitimize the distribution of obscene material.
B.
Registration. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use, or allow to be operated or used any business or establishment, any part thereof which contains an adult use, without first complying with the provisions of this section as set forth below.
(1)
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate, nor allowed to continue to operate, until a certificate of registration is filed with the City Clerk containing the information listed below.
C.
Location.
(2)
An adult use may not be operated within 1,000 feet of another adult use or on the same lot or parcel of land.
(3)
An adult use may not be operated in the same building, structure or portion thereof containing another adult use.
(4)
All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by this section shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display decoration, sign, window or other opening.
D.
Inspections. All adult use establishments shall be subject to periodic inspections as described further below.
(1)
Prior to the commencement of any adult use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for any adult use business specified herein.
(2)
All code enforcement officials shall complete their certification that the premise is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.
(3)
Any owner and/or operator, employee of the owners and/or operator or agent of the owner and/or operator shall permit any representative of the City Police Department, Rensselaer County Sheriff's Office, New York State Police, County or State Health Department, City Code Enforcement officials, or any other City, county or state departments or agencies that have permitting authority regarding the use and/or premises to inspect the premises of an adult business for the purpose of insuring compliance with this section at any time it is occupied or open for business.
E.
Nonconforming adult uses. Any adult use business lawfully operating on the effective date of this section that is in violation of the location or structural configuration requirements of this section shall be deemed a nonconforming use. The continuation of the same use of substantially the same character and intensity shall be allowed. The nonconforming use shall be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 feet of one another and otherwise in a permissible location, the adult use business, which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
F.
Violations. It shall be deemed a violation if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner and/or operator has:
(1)
Violated or is not in compliance with the regulations specified in this section;
(2)
Refused to allow an inspection of the adult use business premises as authorized by this section;
(3)
Gambling occur on the premises;
(4)
Possession, use or sale of a controlled substance occur on the premises;
(5)
Prostitution occur on the premises;
(6)
Any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conducts occur on the premises; or
(7)
Any physical contact between a person in a state of nudity and any other person or person(s), whether such other person or person(s) are in a state of nudity, seminude or clothed on the premises of any adult use.
§ 179-41 Prohibited uses.
Uses not specifically enumerated as permitted within this chapter are prohibited, except that the Zoning Board of Appeals may find that, within the intent of this chapter or a specific district, a use is sufficiently similar to a permitted use as to be included within the definition of that use.
§ 179-42 Principal buildings.
No single-family or two-family residential lot shall have erected upon it more than one principal building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other principal building.
§ 179-43 Permissible structures within minimum required side or rear setbacks.
These regulations are intended to provide guidance for accessory structures permitted on lots with an existing principal building.
B.
Fences six feet or less in height, excluding dog runs, may be located along the side or rear lot line, subject to additional regulations specified in § 179-52.
C.
Unclosed steps or stairways providing access to the first story of a building may extend into any required setbacks. Decks and porches shall not be permitted to extend into required setbacks.
§ 179-44 Access to improved street.
No permit for the construction of any building shall be approved, unless such structure has access from an improved street or a street on an official map, plan, approved subdivision or duly filed plat in accordance with Subdivision of Land, Article VII.
§ 179-45 Buffer areas.
A.
Purpose. The purposes of buffers where required in this chapter are to: maintain and protect property values; assure an acceptable degree of transition to reduce potential adverse incompatibility between abutting and nearby uses; provide appropriate barriers and relief from traffic, noise, heat, glare and the spread of dust and debris; enhance the visual and aesthetic appearance of the community.
B.
Standards. Whenever a buffer is required by this chapter, it shall meet the following standards. It shall:
(1)
Provide a visual barrier.
(2)
Block the glare of lights.
(3)
Reduce noise produced on the site to a level no higher than that produced on conforming residential sites in the adjacent residential neighborhood.
(4)
Serve as a protective barrier by blocking physical passage to the site, unless specific points of passage are desired.
(5)
Prevent the passage of air pollution, dust and litter produced on the site.
(6)
Screen the activities on the site and block views of the site which are not in harmony with the residential character of the adjacent neighborhood.
(7)
Be maintained throughout the continuance of the use of the lot.
C.
Design:
(1)
Buffers shall be composed of fencing, plantings, walls, landscaping, planters, trellises, etc., or any combination of such.
(3)
Buffer designs shall include all details required for an appraisal of the design, including but not limited to location, species and size of individual trees and shrubs and detailed design of all structures and other landscaping treatments.
(4)
A screen planting of dense evergreen material not less than five feet in height shall be required where lights from vehicles or overhead illumination located within the off-street parking area may shine directly into windows of adjacent residential buildings. A solid fencing may be provided not less than four feet nor more than six feet in height alongside any rear lot lines, and subject to the approval of the Building and Zoning Administrator, in lieu of screen planting. If the designed fence or screen planting does not properly screen the overhead illumination from adjacent residential buildings, then the Building and Zoning Administrator may increase the height requirements of the fence or evergreen screening.
(5)
Approval procedure. Buffer designs shall be submitted by the applicant and reviewed in conjunction with the building permit application review procedure.
(6)
Construction postponement. Construction of required buffers may be delayed for up to 18 months upon approval by the Building and Zoning Administrator when the need for the buffer is unclear.
§ 179-46 Widening of right-of-way.
Where a building lot has frontage on a street, which is proposed for right-of-way widening, the required front setback shall be measured from such proposed right-of-way line.
§ 179-47 Lots in more than one district.
All the uses, buildings and facilities, yards, open space, off-street parking and required landscaping must be contained within the district in which the use is permitted.
§ 179-48 Corner and through lots.
The locations of all buildings on corner lots and on lots extending between two parallel streets shall comply with the following requirements: any yard on an improved street shall be a front yard, one other yard shall be a rear yard, and any other yards shall be a side yard.
§ 179-49 Creation of new lot.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use or any proposed structures or use.
§ 179-50 Conversions.
A.
Purpose. It is the intent to provide, where suitable, for conversion of preexisting single-family dwellings which, because of oversize or other condition, cannot reasonably be continued. In such cases, a special permit may be granted for conversion of the existing structure to accommodate additional families in districts where multifamily and two-family housing are permitted either by right or by special use permit.
B.
Criteria. A special permit may be granted for the conversion of a single-family dwelling to a two-family or multifamily dwelling provided that the following are complied with:
(1)
No extension to the principal structure shall be made or additional exterior entrances created except as may be necessary for a secondary egress in the form of an outside stairway. No modifications shall be made within sight from a street.
(2)
No exterior changes are made which, in the judgment of the Board, do not conform to the single-family character of the neighborhood.
(3)
No parking space provided to meet the requirements of the applicable bulk and use tables shall be located within a required front yard or block egress from another parking space.
(4)
Sufficient off-street parking must be provided for the proposed unit, as required by the regulations set forth in the bulk and use requirements established for each zoning district as set forth in Article II of this chapter.
(5)
The floor area of the principal dwelling shall equal at least 1,400 square feet, and each additional dwelling shall equal at least 600 square feet.
(6)
The lot on which the structure is located must conform to the lot requirements for two-family or multifamily dwellings, as required by the district in which it is located.
§ 179-51 Dumping of waste material.
This section is intended to provide for the proper disposal of waste materials. Dumping, piling or accumulation of refuse, garbage (other than in closed containers which are regularly emptied in a lawful manner), waste material, scrap or other noxious substances is prohibited.
§ 179-52 Fences, walls and other structural screening elements.
It is the purpose of this section to regulate the location, height and appearance of fences in all zoning districts to provide uniform enhancement, security and privacy to property. Fencing which legally existed prior to the adoption of this chapter may continue as long as it is properly maintained. The replacement or repair of any fencing must comply with the regulations set forth herein.
A.
General requirements.
(1)
A building permit is required prior to installation of a fence.
(2)
The Planning Commission, as part of subdivision or site plan review, may require a fence or other screen to shield adjacent residences or other uses from undesirable views, noise or light.
(3)
Fences shall be maintained to provide functional, visual and structural integrity.
(4)
Any fence shall have its most pleasant or decorative side facing the adjacent properties.
B.
Height, location and setback.
(1)
All fencing must be constructed within property boundaries.
(2)
Height of fencing is to be measured from the top of the fence to the ground directly beneath the fence. In the case of a retaining wall, the height shall be measured from the average of the ground levels at each end of said retaining wall.
(3)
No fence shall exceed four feet in height in the front yard. No portion of fence located behind the front facade shall exceed six feet in height. The height of all fences shall be measured from the average finished grade of the lot at the base of the fence.
(4)
Fencing erected or maintained between the facade of a building, excluding porches, and a public right-of-way, shall be no more than four feet in height.
(5)
In no instance shall fences, walls, vegetation, or other structures or design elements be placed in front yards so as to prohibit views to the primary frontage facade of principal structures placed along a public right-of-way.
(6)
Decorative caps located on top of the fence posts shall be excluded from the height measurement, but shall not exceed 12 inches in height and width.
C.
Construction materials.
(1)
Fencing shall be constructed of materials commercially available for fencing purposes and shall be uniform in appearance.
(2)
Solid fencing materials shall not be permitted in the front yard.
(3)
Fences incorporating barbed wire, electric current or similar materials or devices shall be allowed only when necessary for public utility operations and shall be subject to a minimum ten-foot setback, and shall include cautionary signage.
D.
Corner lots. Rear and side street yard fencing on a corner lot shall be permitted to extend toward the street for purposes of boundary fencing, provided that a minimum setback of three feet from the property line which parallels the street is maintained. The height of fencing shall be no more than three feet in height.
§ 179-53 Fire escapes.
The purpose of these regulations is to allow for adequate emergency escapes. Nothing herein contained shall prevent the projection of an open fireproof escape into a rear or side yard for a distance up to eight feet. Such fire escapes shall count against all minimum setbacks.
§ 179-54 Outdoor storage of materials and equipment.
These regulations are intended to regulate the outdoor storage of materials to preserve the aesthetics of the underlying district.
A.
No material of any kind shall be stored outdoors in any zoning district, except a one- or two-family lot, unless:
(1)
Allowed as part of an approved site plan;
(2)
Used in the construction or alteration of a structure on the same lot or in the same development and stored for not more than 30 days after completion of construction; or
(3)
Such outdoor storage is limited to machinery, equipment or supplies essential to the operation or storage of any products grown on the premises of a farm or nursery.
B.
No front yard or driveway shall be used for any open storage or other storage of equipment such as motor homes, camping trailers, boats less than 20 feet in length, utilities trailers or other similar equipment.
C.
All enclosed storage shall be within structures, which meet the requirements of the New York State Code, Rules and Regulations. Storage in mobile homes not connected to public utilities or tractor-trailer bodies is not allowed in any district.
D.
No outdoor storage shall occur within 100 feet of a residential district. Outdoor storage shall provide a combination of distance and appropriately dense plantings or setback from residential districts.
E.
Upon written approval by the Building and Zoning Administrator, the temporary outdoor display of plants, trees and landscaping materials may be permitted for a period not to exceed six months per year. Such displays shall be maintained to provide a neat, orderly appearance at all times.
F.
The following regulations shall apply to the outdoor storage or firewood.
(1)
All firewood shall be neatly stacked and each stack shall not exceed five feet in height.
(2)
No firewood shall be stored in front yard. All firewood shall be stored in the side or rear yards only.
(3)
Firewood shall be stored no closer than five feet from an inhabited building. An attached or detached garage is not considered an inhabited building.
(4)
Fallen, uncut trees may be stored for up to 30 days.
(5)
Stacks of wood shall be elevated at least three inches above ground level.
§ 179-55 Off-street parking and loading regulations.
A.
Purpose and intent. The purpose of this article is to prevent or alleviate congestion on public streets and to promote the public safety and welfare by establishing standards for the provision of off-street parking and loading spaces.
B.
Applicability.
(1)
In all districts, every industrial, business, recreational, residential or other use shall provide, at the time of any change of use or when any building or structure is erected, enlarged or increased in capacity in the City, off-street parking for motor vehicles in accordance with the requirements of this and other applicable sections of these regulations, especially site plan review in accordance with Article VII, and the Bulk and Use Tables, provided in § 179-7 through § 179-21.
(2)
Loading spaces shall be provided and maintained on the same premises with every building or structure erected, occupied, enlarged or intended to be used, involving the receipt or distribution by vehicles of material or merchandise. No such activity shall use public right-of-way or parking area for standing, loading and unloading services.
(3)
Bus, taxi or passenger loading spaces may also be required, depending on the use.
C.
Location of required spaces. Parking and loading spaces shall be located in accordance with the following:
(1)
Parking areas set back from lot lines and streets. In all districts, no part of any parking area, other than driveways for ingress and egress, shall be located closer to a lot line or sidewalk, whichever is further from the street, than 10 feet. No parking area shall be located in front of a structure unless it is demonstrated that no other placement of parking areas is possible.
(2)
Parking of motor vehicles is prohibited on sidewalks and areas between the sidewalk and median strips separating travel lanes as defined in the New York State Vehicle and Traffic Law.
(3)
For single-family detached, semi-detached, two-family, attached and accessory dwelling units, off-street parking shall be provided on the same lot with the building it serves.
(4)
For multifamily dwellings, required off-street parking shall be located as close to the use as possible, given site conditions, and in no case more than 200 feet from the building it is required to serve.
(5)
The location, dimensions and signage of handicapped parking shall meet the requirements of the New York State Code, Rules and Regulations.
(6)
Front yard parking requirements.
(a)
No person shall keep, store, or park any motor vehicle, whether operable or inoperable, on any portion of a front yard or corner lot side yard facing a street of any property used as a residence, except on driveways, which may or may not consist of an impervious surface material.
(b)
No owner, tenant, manager or occupant of property used as a residence shall allow any person to keep, store, or park any motor vehicle, whether operable or inoperable, on any portion of a front yard or corner lot side yard facing a street, except on driveways, which may or may not consist of an impervious surface material.
D.
Computation of required spaces.
(1)
The required number of spaces is provided in the Bulk and Use Tables for each land use in each zoning district. Range of 80% to 110% of number provided is acceptable. Parking waivers may be obtained from the Planning Commission.
(2)
For membership houses, one parking space shall be provided for each bed if a one- or two-bedroom unit. Otherwise one parking space shall be provided per 0.75 beds. In no case shall the total parking exceed eight spaces.
(3)
In cases where parking is specified by number of seats (i.e., places of worship), if fixed seating is not the primary arrangement, then one space per 100 square feet shall be provided.
(4)
In the case of a combination of uses, the total requirements for off-street auto parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use and/or shift employment would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
(5)
If spaces are provided on the basis of employees or participants, the number on the maximum shift or peak period shall be used.
(6)
Unless otherwise specified, off-street parking standards are based on square feet of all floor area, including the area of any accessory buildings.
E.
Dimensions of off-street automobile parking spaces. Off-street automobile parking spaces shall be no smaller than nine feet by 18 feet. Every such space shall have direct and usable driveway access to a street or alley with minimum maneuver area between spaces as follows:
.tif.png) | (1) Parallel curb parking: a minimum aisle width of 12 feet for one-directional flow and a minimum aisle width of 26 feet for two-directional flow. |
.tif.png) | (2) Thirty-degree parking: a minimum aisle width of 14 feet for one-directional flow and a minimum aisle width of 26 feet for two-directional flow. |
.tif.png) | (3) Forty-five-degree parking: a minimum aisle width of 15 feet for one-directional flow and a minimum aisle width of 26 feet for two-directional flow. |
.tif.png) | Sixty-degree parking: a minimum aisle width of 16 feet for one-directional flow and a minimum aisle width of 26 feet for two-directional flow. |
.tif.png) | Perpendicular parking: a minimum aisle width of 26 feet for one-directional and two-directional flow. |
F.
Shared parking. The Planning Commission encourages parking lots for different structures or uses or for mixed-uses to be shared in any zoning district. At the applicant's request, shared parking may be provided subject to the following provisions:
(1)
A reciprocal written agreement has been executed by all parties concerned that assures the perpetual join use of such common parking. A copy of this written agreement must be submitted to and accepted by the Planning Commission, and may be forwarded to legal counsel for review.
(2)
The Planning Commission may require the applicant to provide a parking study with information deemed necessary to its decision-making on a shared parking agreement. This information may include, but is not limited to:
(a)
The type and hours of operation and parking demand for each use;
(b)
A site plan displaying shared use spaces in the lot and walking distance to the uses sharing the lot;
(c)
A description of the character of land use and parking patterns of adjacent land uses; and
(d)
An estimate of anticipated turnover in parking space use over the course of 12 to 24 hours at the site.
(3)
Parking spaces to be shared must not be reserved for individuals or groups on a twenty-four-hour basis.
(4)
Uses sharing a parking facility do not need to be contained on the same lot, but each use shall be a maximum of 500 feet from the closest parking space in the lot providing the shared spaces. A waiver of the maximum allowable distance between the use and associated shared parking may be approved by the Commission with written justification and supporting information provided by the applicant.
(5)
Uses sharing a parking facility shall provide for safe, convenient walking between uses and parking, including safe, well marked pedestrian crossings, signage and adequate lighting.
(6)
If the conditions for shared parking become null and void and the shared parking arrangement is discontinued, this will constitute a violation of zoning regulations for any use approved expressly with shared parking. The applicant must then provide written notification of the change to the Zoning Enforcement Officer and, within 60 days of that notice, provide a remedy satisfactory to the Commission to provide adequate parking.
(7)
Where shared parking is provided among a mix of land uses, the Commission may allow the following at the applicant's request:
(a)
Up to 30% of the parking spaces required for the predominant use on site may be shared with other uses operating during the same time of day and days of the week. The predominant use is considered to be that which requires the most parking of those sharing the parking facilities.
(b)
Up to 75% of the parking spaces required for primarily evening uses (i.e., theaters, bowling alleys, nightclubs) may be shared with those uses that occur primarily during the day (i.e., banks and offices).
(c)
Up to 75% of the parking spaces required for uses in operation primarily during the weekend (i.e., churches) may be shared with uses predominantly in operation on weekdays (i.e., medical offices and banks).
G.
Nonconforming parking and loading. No building, lot alterations, or change of use shall be allowed which would increase the degree of nonconformity with the off-street parking and loading regulations of this chapter.
§ 179-56 Development within Flood Fringe.
A.
Purpose and intent. These regulations are intended to regulate and restrict land use in areas within the City of Rensselaer, which may be subject to severe periodic inundation in such a manner as to:
(1)
Protect life and prevent or minimize property damage;
(2)
Reduce public costs for flood control;
(3)
Conserve the natural state of watercourses and watersheds, and minimize the damaging effects which development has on drainage conditions, pollution of streams and other environmental impacts on associated water sources; and
(4)
Comply with federal and state laws and regulations that address the need for floodplain management and protection;
B.
Administration. The source of delineation of the Flood Fringe Boundary shall be the one-hundred-year floodplain boundary, as determined by the Flood Insurance Rate Map, developed by the Federal Emergency Management Agency (FEMA).
C.
Proposed use.
(1)
All uses within the flood fringe shall be reviewed for compliance with standards specified herein, as certified by a registered architect or licensed professional engineer.
(2)
No use shall be permitted, including fill, dredging or excavating activity unless the applicant has demonstrated that the proposed use, in combination with all other existing and anticipated uses, will not raise the water level of the one-hundred-year flood more than one foot at any point.
D.
Design. All structures shall be designed and anchored to prevent flotation, collapse or lateral movement due to floodwater related forces.
E.
Construction. Construction within the Flood Fringe is subject to the following regulations:
(1)
All construction materials and utility equipment used shall be resistant to flood damage.
(2)
Construction practices and methods shall be employed which minimize potential flood damage.
(3)
All new residential construction or substantial improvements to residential structures shall have the lowest floor (including the basement) elevated to two feet or above the base one-hundred-year flood level.
(4)
All new nonresidential construction or substantial improvements to such nonresidential structures shall have the lowest floor (including basement) elevated to two feet or above the base one-hundred-year flood level or, as an alternate, be floodproofed up to that same water level, including attendant utility and sanitary facilities.
F.
Infrastructure and drainage. Infrastructure and drainage development, alterations or improvements are permitted subject to the following standards:
(1)
All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage.
(2)
All water supply and sewage disposal systems shall be designed to minimize or eliminate floodwater infiltration of discharges into the floodwaters.
(3)
Adequate drainage shall be provided to reduce exposure to flood hazards.
G.
Best management practices. Stormwater runoff related to development may adversely impact public and private property, surface water supplies, groundwater resources, drinking water, aquatic and non-aquatic wildlife habitats, fish and other aquatic life, property values and potential for future uses of land and water. To the extent practicable, best management practices should be utilized during construction activities, low-impact development practices employed during post construction, and periodic inspections before, during and after construction to ensure that stormwater management methods are effective.
§ 179-57 Stormwater regulations.
A.
Purpose and intent. The purpose of the City of Rensselaer's stormwater regulations is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the City of Rensselaer. All development within the City shall be in accordance with City's Chapter 145, Stormwater Management.
§ 179-58 Miscellaneous supplementary regulations.
The purpose of these additional regulations is to improve consistency between the Comprehensive Plan's vision and goals, and policy and development regulations while meeting other City interests.
A.
Obstructions at street intersections. No fence, shrub, tree, planting or any structure, including fences, shall be constructed within 50 feet of intersecting street lines which are higher than three feet above gutter grade or which obstruct the view of motorists or creates other traffic hazards.
B.
Height exceptions. The limitations of height, found in the Bulk and Use Tables, shall not apply to chimneys, aerials, silos, elevators, water tanks, ventilators, skylights, tanks and other necessary features usually carried above roofs, nor to towers or antennas provided that, with the exception of a church spire or tower of a public building, such shall not exceed the height regulations of the applicable zoning district by more than 25%.
C.
Abandoned vehicles. No motor vehicle, automobile, automobile trailer or other vehicle shall remain outside, upon any property within the City when such vehicle has been so dismantled or parts removed therefrom or otherwise abandoned so that such vehicle may be incapable of operation or use for a period of 30 continuous days, except that travel trailers not used for dwelling purposes may be stored in rear yards when not in use.
D.
Construction within required front yard setback. Existing structures, such as open porches, terraces or stoops, shall not be enclosed, and upper-floor additions shall not be constructed over existing open or enclosed structures when said existing structures lie within the required front yard setback.
E.
Artificial lighting. No lighting shall be directed on a sidewalk, street or public place or upon adjacent premises, which shall cause glare, reflection or intrinsic brightness, constituting a nuisance or traffic hazard.
§ 179-59 Performance standards.
These performance standards are provided in recognition that certain uses may jeopardize the health and well-being of residents or visitors based on their impacts to the surrounding environment. These regulations are intended to provide not-to-exceed threshold values to protect the safety and welfare of residents, visitors and surrounding uses.
A.
Applicability.
(1)
Planning Commission action. All uses subject to the requirements of this section may be established and maintained if their operation is approved by the Planning Commission as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Commission shall decide whether the proposed use will conform to these applicable performance standards or any additional performance standards required by state or federal laws or which are generally recognized performance standards for a given industry.
(2)
Use subject to the performance standards procedures.
(a)
All uses subject to site plan review must comply with these performance standards.
(b)
In addition, if the Building and Zoning Administrator has reasonable grounds to believe that any other existing or proposed use violates any of the performance standards, such proposed use may be required to certify compliance with these performance standards or such existing use may be cited for violation of these regulations.
(3)
Performance standards procedures.
(a)
The Building and Zoning Administrator as part of the sketch plan conference shall tentatively identify whether a proposed use will be required to certify compliance with any of the performance standards listed in this section. Certification may require signing a written statement or presentation of construction detail and a description of the specifications for the mechanisms and techniques to be used in restricting the emissions of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging understanding and stating agreement to conform to the same at all times. Any information which is designated by the applicant as a trade secret and submitted herewith will be treated as confidential under provisions of the New York State Freedom of Information Law. During the course of site plan review, the Planning Commission will determine if the applicant's proposal falls within the performance standards based upon information provided by the applicant. The Building and Zoning Administrator can require the applicant to show that the construction detail and a description of the specifications for the mechanisms and techniques is in compliance with the standards set forth below.
[1]
Vibration.
[a]
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibrations produced exceed 0.002g peak at up to a frequency of 50 cycles per second, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment.
[b]
Vibrations occurring at higher than a frequency of 50 cycles per second or a periodic vibration shall not induce accelerations exceeding 0.001 g. single impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01 g.
[2]
Noise.
[a]
The maximum decibel level radiated by any use or facility at any lot lines shall not exceed the values in the designated octave bands given in Table 1. The sound-pressure level shall be measured with a second-level meter and associated octave-band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound-Level Meters for Measurement of Noise and Other Sound, Z24.3-1944, American Standards Association, Inc., New York, and American Standard Specifications for an Octave-Bank Filter Set for the Analysis of Noise and Other Sound, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.)
Table I | ||
|---|---|---|
Frequency Band (cycles per second) | Maximum Permitted Sound-Pressure Level (decibels) | |
0 to 75 | 69 | |
75 to 150 | 60 | |
150 to 300 | 56 | |
300 to 600 | 51 | |
600 to 1,200 | 42 | |
1,200 to 2,400 | 40 | |
2,400 to 4,800 | 38 | |
4,800 to 10,000 | 35 | |
[b]
Where any use adjoins a residential or mixed-use district at any point at the district boundary, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in Table I.
[3]
Smoke. The density emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Chart. (A Ringelmann Chart is a chart published by the United States Bureau of Mines, which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke). These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparent equivalent capacity.
[4]
Odor. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, in Table III, Odor Thresholds, in Chapter 5 of the Air Pollution Abatement Manual, Copyright 1959, by the Manufacturing Chemical Association, Inc., Washington, D.C., as said manual and/or table is subsequently amended.
[5]
Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed 0.1 the maximum allowable concentration set forth in § 12-29 of the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.
[6]
Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources or electromagnetic radiation, except that, for all governmental regulations regarding such sources of electromagnetic radiation of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the federal regulations shall be unlawful if such radiation causes an abnormal degradation in performances of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content or modulation of energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in interpretation of the standards and principles shall apply: American Institute of Electrical Engineers; Institute of Radio Engineers; and Electronic Industries Association.
[7]
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.
[8]
Heat. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5° F., whether such change is in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.
[9]
Glare. "Dark sky" compliant lighting fixtures are required, as defined by the following standards.
[a]
Direct glare. No such direct glare shall be permitted, with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, and with the exception that such angle may be increased to 90° if the luminary is less than four feet above ground.
[b]
Indirect glare. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface, not to exceed 0.3 foot-candle (maximum) and 0.1 foot-candle (average). Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
[10]
Liquid or solid waste. No discharge shall be permitted at any point into a public sewer or stream or into the ground, except in accord with standards approved by the state and Rensselaer County Departments of Health and local ordinances, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conductive to the breeding of rodents or insects.
[11]
Stormwater. For all developments disturbing more than one acre, New York State Department of Environmental Conservation (NYSDEC) requires that municipalities receive a copy of the stormwater pollution prevention plan (SWPPP) prior to plan approval. Owner is required to comply with the NYSDEC's "SPEDES General Permit for Storm Water Discharge from Construction Activity," Permit # G-P-02-01. All development must be in compliance with § 179-57 of this chapter, and Chapter 145 of the City's Code.