Schenectady City Zoning Code
ARTICLE XV
Additional Regulations Relating to Specific Uses
§ 264-101 Regulation of adult bookstores, adult entertainment establishments and sexually oriented businesses.
A.
Purpose. In the development and execution of this chapter, it is recognized that studies have been conducted by many cities which document the adverse secondary effects associated with the establishment and operation of adult bookstores, adult entertainment establishments and sexually oriented businesses within a community.
(1)
Among these adverse secondary impacts are a deterioration in the local quality of life, an adverse effect upon local property values, an adverse effect upon local economic viability, an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby, an increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat to the health and safety of children and young adults and an undermining of the established sense of community.
(2)
These adverse secondary impacts of the establishment and operation of adult bookstores, adult entertainment establishments and sexually oriented businesses are a threat to the general health, safety and economic viability of the community.
(3)
The unregulated establishment and operation of adult bookstores, adult entertainment establishments and sexually oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values and quality of life of the City and would, therefore, be detrimental to the general health, safety and economic viability of the community.
(4)
It is the express intent of the City of Schenectady in adopting this section to:
(a)
Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of adult bookstores, adult entertainment establishments and sexually oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community.
(b)
To preserve and encourage the diversity of the community by protecting, to the greatest degree possible, the interests of consenting adults to enjoy the broadest freedom of private sexual activity and behavior.
[Amended 3-23-2009 by Ord. No. 2009-02]
B. ADULT ARCADE ADULT BOOKSTORE or ADULT VIDEO STORE(1) (a) (b) (2) ADULT CABARET(1) (2) (3) (4) ADULT ENTERTAINMENT ADULT MOTEL(1) (2) (3) ADULT MOTION-PICTURE THEATER ADULT THEATER BUSINESS CONSIDERATION(1) (2) (3) (4) DIRECTOR ESCORT ESCORT AGENCY LIVE THEATRICAL PERFORMANCE NUDE MODEL STUDIO NUDITY or A STATE OF NUDITY PERSON PREMISES REGULARLY CONDUCTED SEMINUDE or SEMINUDITY SEX ACT SEX ACT BUSINESS SEXUAL ENCOUNTER CENTER SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES(1) (2) (3) (4) SUBSTANTIAL PORTION(1) (2) (a) (b) (c)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations that depict or describe specified sexual activities or specified anatomical areas.
Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate 20% or more of the business's income, account for 20% or more of inventory, or occupy 20% or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, cafe or similar commercial establishment that regularly, commonly, habitually, or consistently features:
Persons who appear in a state of nudity or seminudity; or
Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, photographic reproductions, or other image-producing devices that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
Any business enterprise having as a substantial portion of its activity the presentation, characterized by emphasis on the description or depiction of specified anatomical areas or specified sexual activities, of live shows, motion-picture films or sound recordings presented by coin- or slug-operated, or electronically or mechanically controlled, still or motion-picture machines, projectors or other image-producing devices; any business enterprise serving food and beer, wine or liquor whose entertainers or waiters and waitresses appear in a state that displays any specified anatomical areas; or any business enterprise that offers services requiring the client or customer to display any specified anatomical areas, except medical and health services establishments.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is less than 24 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 24 hours.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes or video reproductions, slides, or similar photographic reproductions are regularly, commonly, habitually or consistently shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually or consistently features persons who appear, in person, in a state of nudity or seminudity, and/or live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities.
Any regularly conducted commercial enterprise, venture or undertaking carried on for profit or monetary gain and shall include, but not be limited to, any regularly advertised, promoted, scheduled, or reoccurring meeting, event, party, assembly or gathering for consideration.
The payment of money or the exchange of any item of value for:
The right or privilege to enter any premises, or any portion thereof; or
The right or privilege to remain on any premises, or any portion thereof; or
The right or privilege to acquire, purchase, utilize or consume goods, services or facilities offered or made available to persons who enter, or remain on, a premises, or any portion thereof, for purposes of engaging in or having the opportunity to engage in live sex acts; or
The right or privilege to a membership permitting the right to enter, or remain on, a premises, or any portion thereof.
The Chief of Police and such employee(s) of the Police Department as he or she may designate to perform the duties of the Director under this chapter.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
A person or business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
A play, skit, opera, ballet, concert, comedy, or musical drama.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.
The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto.
[Amended 3-23-2009 by Ord. No. 2009-02]
Ongoing, continuous and repetitive. A business is regularly conducted if its business advertising occurs on an ongoing repetitive basis and its live sex acts, activities, events, meetings, or gatherings occur more frequently than once annually.
The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
Sexual intercourse; oral contact (teeth, tongue and or lips) with the penis, vulva, breast or anus; anal intercourse; touching and/or fondling of the breast, anus, penis, scrotum, testicles, vulva, clitoris, or vagina; manual masturbation; and/or the penetration into the penis, vulva or anus by any part of the body or by any object, machine or mechanism or bestiality (sex with or involving an animal).
Any premises, business, commercial enterprise or venture which, in exchange for a fee or consideration and as one of its primary or regularly conducted purposes or activities, provides facilities in which one or more persons may view or participate in sex acts.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio, sex act business or sexual encounter center.
Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Means and includes any of the following:
The fondling or the erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory function as part of or in connection with any of the activities set forth in (1) through (3) above.
For the purpose of determining whether a substantial portion of an establishment includes an adult bookstore, adult entertainment establishment, sexually oriented business or combination thereof, the following factors shall be considered:
For the purposes of determining whether a bookstore has a substantial portion of its stock in material defined in the above subsection hereof, the following factors shall be considered:
The amount of such stock accessible to customers as compared to the total stock accessible to customers in the establishment.
The amount of floor area and cellar space accessible to customers containing such stock.
The amount of floor area and cellar space accessible to customers as compared to the total floor area and cellar space available for such stock.
C.
Zoning districts. Adult bookstores, adult entertainment establishments and sexually oriented businesses may be established in the M-1 District and M-2 District only and subject to the requirements hereinafter set forth.
D.
Location. The following requirements shall apply to and be complied with by all adult bookstores and adult entertainment establishments:
(1)
It shall be unlawful to hereafter establish any adult bookstore, adult entertainment establishment or sexually oriented business within 500 feet of any building containing one or more dwelling units or boardinghouse units located in the R-1, RH-1, R-2, RH-2, R-3, C-1, C-2, C-3, C-4, C-5 and I Zoning Districts. The five-hundred-foot separation shall be measured from the parcel's New York State coordinate locator number, as it is identified on the Schenectady County Real Property Tax Maps, to any building, accessory structure, sign, dumpster, access driveway or parking area utilized by the adult bookstore and/or adult entertainment establishment.
(2)
It shall be unlawful to hereafter establish any adult bookstore, adult entertainment establishment and/or sexually oriented business within 300 feet of a property line of any other adult bookstore and/or adult entertainment establishment and/or sexually oriented business.
(3)
It shall be unlawful to hereafter establish any adult bookstore, adult entertainment establishment and/or sexually oriented business within 1,000 feet of the property line of any nursery school, day-care center, primary or secondary public, private or parochial school, library, park (excluding bike or hiking trails) or playground and/or within 500 feet of the nearest property line of any church, convent, monastery, synagogue or other place of worship. The distance shall be measured from the property line to any building, accessory structure, sign, dumpster, access driveway or parking area utilized by the adult bookstore, adult entertainment establishment and/or sexually oriented business.
E.
Penalties. In addition to the penalties specified by Article XVIII of this chapter, violation of this section is punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months, or by both fine and imprisonment. Each day during any portion of which any violation of this section is committed, permitted or continued shall constitute a separate offense. In addition to these penalties, the City may institute any appropriate action or proceedings to correct or abate such violation.
F.
Termination of adult bookstores or adult entertainment or sexually oriented businesses. In all districts where adult bookstores, adult entertainment establishments or sexually oriented businesses are not a permitted use, a nonconforming adult establishment shall terminate within one year from the effective date of this amendment or from such later date that the adult bookstore or entertainment establishment becomes a nonconforming use, except that such establishment may be continued for a limited period of time by the Board of Zoning Appeals pursuant to § 264-101G, Amortization of adult bookstores, adult entertainment establishments and sexually oriented businesses.
G.
Amortization of adult bookstores, adult entertainment establishments and sexually oriented businesses.
(1)
The Board of Zoning Appeals may permit any nonconforming adult bookstore, entertainment establishment, sexually oriented businesses or any nonconforming accessory business use to continue for a limited period of time beyond that provided for in this chapter, provided that:
(a)
An application is made by the owner of such establishment to the Board of Zoning Appeals at least 120 days prior to the date on which such establishment must terminate.
(b)
The Board shall find, in connection with such establishment, that:
[1]
The applicant had made, prior to the nonconformity, a substantial financial expenditure related to the nonconformity; and
[2]
The applicant has not recovered substantially all of the financial expenditures related to the nonconformity; and
[3]
The period for which such establishment may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all of the financial expenditures incurred related to the nonconformity.
(2)
For the purposes of this section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the adult establishment exclusive of the fair market value of the building in which such use is located and exclusive of any improvements unrelated to the nonconforming adult entertainment establishment.
H.
Exemptions.
(1)
This section shall not apply to the following:
(a)
A proprietary school, licensed by the State of New York, a college, junior college, or university supported entirely or partly by taxation;
(b)
A private college or university that maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
(2)
Notwithstanding any other provision in this section, movies rated G, PG, PG-13, or R by the Motion Picture Association of America (MPAA), or live theatrical performances with serious artistic, social, or political value, that depict or describe specified anatomical areas or specified sexual activities, are expressly exempted from regulation under this section.
§ 264-102 Ancillary parking areas.
A.
Authorization. Ancillary parking areas may be permitted in the R-2 and R-3 Residential Districts subject to the issuance of a special permit as provided in Article XIV of this chapter and in full compliance with the standards and requirements of this section.
B.
Standards and requirements. All ancillary parking areas located in the R-2 and R-3 Residential Districts shall comply with the following:
(1)
Ancillary parking areas shall be used exclusively for the parking of passenger vehicles.
(2)
No commercial repair work or service of any kind shall be conducted in any ancillary parking area.
(3)
No ancillary parking area shall be used for display or storage of vehicles, goods or materials.
(4)
Every ancillary parking area shall be contiguous to the lot on which the principal use, being served by the ancillary parking area, is situated.
(5)
No sign of any kind, other than designating entrances, exits and conditions of use, shall be maintained on any ancillary parking area.
(6)
Ancillary parking areas shall be subject to the applicable provisions of Article VI of this chapter relating to off-street parking.
(7)
No ancillary parking area shall be constructed or established nearer than 15 feet to any residentially zoned property.
§ 264-103 Exterior use of property.
Where the operation of any establishment requires the overnight on-site exterior storage or parking of more than 10 motor vehicles or the use of more than 10% of the total lot area for storage or activities not located within a completely enclosed building or structure, a special permit is required.
§ 264-104 Home occupations.
A.
Purpose. The standards and regulations of this section are designed to protect and maintain the character of established residential neighborhoods while recognizing that certain professional and limited business activities have traditionally been carried on in residential dwellings. Further, the standards in this section are intended to ensure the clearly incidental or secondary status of the home occupation in relation to the residential use of the principal building as the criteria for determining whether a proposed accessory use be qualified as a legal home occupation.
B.
Where permitted. Subject to the standards and requirements of this section, one home occupation is permitted in any residential dwelling unit or structure accessory thereto.
C.
Use limitations. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
(1)
No more than one person who is not a resident on the premises shall be employed.
(2)
No more than 25% or 400 square feet of the combined area of the principal building and accessory building, whichever is less, shall be devoted to the home occupation.
(3)
No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling.
(4)
No stock-in-trade shall be displayed or sold on the premises.
(5)
The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted private garage accessory thereto, and in no event shall such use be apparent from any public way.
(6)
There shall be no outdoor storage of equipment or materials used in the home occupation.
(7)
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.
(8)
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.
(9)
In no case shall such use generate more than two additional nonresidential vehicle round trips in any one-hour period or 10 in any eight-hour period.
D.
Prohibited home occupations. Permitted home occupations shall not, in any event, be deemed to include:
§ 264-105 Professional offices in residential districts.
A.
Purpose. In those areas of the City characterized by large residential buildings located along major thoroughfares or in areas with a predominate mixture of offices and residential uses, the City may authorize such office use, provided that the scale, design and nature of the use does not adversely affect or materially degrade the quality of the surrounding area for residential use.
B.
Authorization. Professional offices may be permitted in the R-2, RH-2 and R-3 Residential Districts, subject to the issuance of a special use permit as provided in Article XIV of this chapter and in compliance with the standards and requirements of this section.
C.
Standards and requirements. All professional offices located in the R-2, RH-2 and R-3 Districts shall comply with the standards of § 264-99 and the following requirements:
(1)
Use of professional offices shall be restricted to the practice of a profession by a physician, dentist, psychiatrist, lawyer, engineer, accountant, insurance agent, real estate broker, teacher or member of a similar profession; provided, however, that there shall be no overnight boarding of patients or clients associated with such professional office use.
(2)
Professional offices may have up to six employees, including professionals, on the premises at any one time if off-street parking is provided in compliance with § 264-105C(4). If the applicant is unable to provide off-street parking in compliance § 264-105C(4)(a), then the Planning Commission may limit the number of employees permitted to work in a professional office.
(3)
The floor area in professional office use of the building or buildings on any lot, divided by the lot area of such lot, shall not exceed 0.3; provided, however, that in no case shall the floor area in a professional office use exceed 3,000 square feet on any one lot in a residential district.
(4)
Off-street parking.
(a)
Provision of off-street parking. Each new professional office shall provide off-street parking in compliance with the following standards and designed in compliance with Article VI of this chapter, except as hereinafter provided. The provision of off-street parking in compliance with the following regulations shall be deemed adequate parking for a professional office in a residential district:
[1]
Parking for professionals and employees. There shall be one space for each employee based upon the maximum number on site at any one time, up to a maximum of six spaces of off-street parking for employees and professionals as limited by § 264-105C(2).
[2]
Parking for clients.
Spaces | Client Visits per Day |
|---|---|
1 | 1 to 16 |
2 | 17 to 24 |
3 | 25 to 32 |
4 | 33 to 40 |
5 | 41 to 48 |
6 | 49 to 56 |
1 additional space per 8 client visits |
(b)
No off-street parking area accessory to a professional office shall be located in the front yard of any lot. The Planning Commission shall review the parking design to ensure that the nature of its use and layout will minimize potential adverse impacts on neighboring residential properties. All off-street parking shall provide an eight-foot buffer which is landscaped and screened in a manner which largely obscures the parking from neighboring residential properties. No parking area shall be established closer than eight feet to any lot line.
(5)
The professional office use of existing residential buildings shall not involve external alterations which would cause the premises to differ from its residential character either by use of color, materials, construction or lighting.
§ 264-106 Gasoline stations.
[Amended 9-12-2011 by Ord. No. 2011-15]
Gasoline sales and service stations may be permitted subject to the issuance of a special permit as provided in Article XIV and subject to the additional requirements hereinafter set forth:
A.
Side and rear yards. Side and rear yard setbacks shall be not less than 10 feet in width.
B.
Screening and landscaping. Screening and/or landscaping shall be provided along all lot lines abutting a side or rear lot line of any residentially zoned or developed property in a manner which largely obscures the gasoline service station and accessory parking areas from all points located on such residential property when viewed from the ground level.
C.
Location of operations. No repairs, other than minor motor vehicle repairs, shall be performed on the premises, and all such repairs shall be performed only within the principal building on the premises as an incidental use.
D.
Number of spaces. The number of service spaces permitted shall be limited to a maximum of four.
E.
Major repairs. No building, structure or area permitted as a gasoline service station shall be used for major motor vehicle repairs unless such use and operation is expressly authorized by special permit.
F.
Parking improvements. The entire parking and service area shall be paved. Side and rear yards shall be landscaped and separated from paved areas by a curb, low wall or other barrier.
G.
Materials and refuse. No open-air outdoor storage of materials, merchandise and equipment shall be permitted during nonbusiness hours. Storage of materials, merchandise and equipment during nonbusiness hours shall take place within the principal building or within closed, secure containers, such as outdoor storage cabinets. Refuse and trash may be stored outdoors at all times only if placed in enclosed containers located in an area screened from view at all points on any public or private property or street when viewed from ground level.
[Amended 3-23-2009 by Ord. No. 2009-02]
H.
Storage of vehicles. No more than five motor vehicles, including partially dismantled or wrecked vehicles, shall be stored at one time in any open area at a gasoline service station, provided that the outdoor storage of a specific motor vehicle shall not exceed 30 days.
§ 264-107 Motor vehicle and auto body repair.
[Amended 3-23-2009 by Ord. No. 2009-02; 9-12-2011 by Ord. No. 2011-15]
Motor vehicle repair and auto body repair may be permitted subject to the issuance of a special permit as provided in Article XIV and subject to the additional requirements hereinafter set forth:
A.
Side and rear yards. Side and rear yards shall be not less than 10 feet in width, however there is no minimum required setback along a property line that abuts a parcel in the M-1 and M-2 Districts.
B.
Screening and landscaping. Screening and/or landscaping shall be provided along all lot lines abutting a side or rear lot line of any residentially zoned or developed property in a manner which largely obscures the repair operations and stored material, vehicles and equipment from all points located on such residential property when viewed from the ground level.
C.
Location of operations. All repairs shall be performed within the principal building on the premises.
D.
Parking improvements. The entire parking area shall be paved. Side and rear yards shall be separated from paved areas by a curb, low wall or other barrier.
E.
Storage of vehicles. No more than five motor vehicles, including partially dismantled or wrecked vehicles, shall be stored at one time in an open area at a motor-vehicle-repairing establishment, provided that the outdoor storage of a specific motor vehicle shall not exceed 30 days.
F.
Materials and refuse. All permanent storage of materials, merchandise and equipment shall be within the principal building, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from the ground level.
§ 264-108 Public utility substations, facilities and structures.
[Amended 3-23-2009 by Ord. No. 2009-02]
Public utility substations, facilities and structures are subject to the following requirements:
A.
Appearance. All aboveground public utility buildings and structures shall either have exteriors which give the appearance of a structure permitted in the district where located or shall be surrounded by fencing, screening and/or landscaping to largely obscure such use from view of abutting properties and from public rights-of-way.
B.
Fencing. All such uses shall be fenced where any hazard to human life or safety is present.
§ 264-109 Satellite dishes.
[Amended 3-23-2009 by Ord. No. 2009-02; 9-12-2011 by Ord. No. 2011-15]
No freestanding satellite dish shall be located in the front yard or between the house and any street line of any residential dwelling. All satellite dishes must be removed within 30 days of the discontinuation of use.
§ 264-110 Self-service storage warehouse structures.
[Amended 3-23-2009 by Ord. No. 2009-02]
A.
No self-service storage warehouse structures shall be located within 100 feet of a lot line of any residentially zoned or developed property.
B.
No individual storage compartments shall exceed 8,000 cubic feet.
C.
Landscaping shall be provided along all lot lines, in a manner which will largely obscure the use and its operation when viewed from ground level.
D.
All lighting shall be directed toward and illuminate the site only and shall not intrude on any residentially zoned or developed property.
E.
On-site parking shall comply with all parking design requirements of Article VI of this chapter and shall provide one space of parking per employee and one space per 20,000 square feet of gross building area.
F.
Circulation drives and aisles shall be a minimum of 24 feet in width, and all corners shall provide a thirty-foot turning radius to provide adequate access for fire-fighting vehicles.
§ 264-111 Townhouses.
[Amended 3-23-2009 by Ord. No. 2009-02]
A.
Purpose. These standards are intended to increase the opportunity for homeownership by allowing townhouses in areas of the City where residential uses are encouraged. The purpose of providing standards for townhouse development is to:
(1)
Ensure that new development conserves the livability of neighborhoods.
(2)
Ensure that the size and scale of new development complements existing structures in the surrounding neighborhood.
(3)
Ensure a physical and visual connection between dwelling units and the street in order to enhance public safety.
(4)
Ensure opportunities for individually owned housing in two-family dwelling and multifamily dwelling zoning districts.
C.
Off-street parking. Off-street parking standards shall be met according to Schedule F of Article VI, Off-Street Parking and Loading.
D.
Accessory uses and structures. The accessory uses and structures standards of § 264-29 shall apply.
E.
Site design standards.
(1)
(2)
Building design standards.
(a)
Each dwelling unit must have a separate front, ground-level entrance, which is clearly defined and highly visible on the building facade that faces a public street or right-of-way other than an alley. The front door shall not be set back from the front facade.
(b)
Each front entrance must include a nonenclosed porch or covered entry that may extend up to eight feet into the required front yard setback. A pedestrian walkway must connect each front entrance to the street or driveway. A door that leads directly into a garage does not qualify as a front entrance.
(c)
Attached dwelling units must be designed to appear as different buildings. This can be achieved through differences in the articulation and modulation of each building as described in Subsection E(2)(c)[1] and [2] below.
[1]
Articulation is the variation in building mass through the use of stepbacks, setbacks, diminishing upper-floor areas, and/or projecting roof overhangs.
[2]
Modulation may be achieved through: recessed or projecting wall offsets; entryways; porch or canopy structures, including columns or piers; balconies; dormers; bay windows or other prominent features.
(d)
Construction must comply with landscaping standards.
§ 264-112 Halfway houses.
[Added 1-13-2014 by Ord. No. 2014-02]
A.
A "halfway house," for purposes of this section, is defined as any facility for the housing, rehabilitation, and/or training of persons on probation, parole, or early release from correctional institutions, or other persons found guilty of criminal offenses.
B.
Any halfway house shall be subject to the following regulations:
(1)
No more than 15 residents are permitted in a halfway house. Halfway houses may only be located in a C-2 (Mixed-Use Commercial) or a C-5 (Business) District and may not be contiguous to any residentially zoned properties, public parks and recreational facilities, child-care facilities, and public or private schools.
(2)
A halfway house may not be located within 200 feet of another halfway house.
(3)
A halfway house must acquire a special use permit. Periodic review periods may be established as part of the special use permit.
(4)
The treatment of individuals with alcohol addiction, narcotic addiction, or psychiatric conditions is allowed under this use if expressly permitted by the special use permit.
(5)
Halfway houses must be located within 1,200 feet of mass transit service.
(6)
Notice requirements.
(a)
There shall be a notification area of 500 feet of the proposed facility. In order to provide this notice, the City shall, using reasonable efforts, notify all property owners within the notification area of the proposed halfway house and provide an opportunity for said property owners to attend a meeting to discuss plans and issues. The costs of providing said notice, including equipment, materials, and mailing costs, shall be added to the fee charged for the special use permit application. Said meeting(s) shall be held at least 30 days prior to the filing of an application for the required special use permit. A halfway house special use permit application must include evidence of said meetings between the applicant and property owners within the notification area. Evidence of meetings must include records reflecting the dates of the meetings, the individuals or organizations involved, and the issues discussed and resolved.
(b)
Any notice required by this section shall forthwith be provided to the City Clerk. The City Clerk shall forward the notice to the members of the City Council as soon as practicable thereafter.
(7)
Signs identifying a use as a halfway house are not permitted.
(8)
Halfway house premises must be properly maintained in good condition at all times.
(9)
A proposed halfway house must provide a designated outdoor smoking area satisfactory to the Planning Commission. In addition, a halfway house must have a policy which prohibits smoking outside this designated area.
(10)
A security plan must be submitted with an application for the special use permit for a halfway house. The security plan must demonstrate compliance with any applicable statutes, rules or regulations and shall provide satisfactory protection from relevant security risks. The security plan must be on file with the Schenectady Police Department and Schenectady Fire Department. In addition, a compliance report must be submitted to the Commissioner of Public Safety every year.
(11)
The halfway house shall acquire and maintain a policy of insurance with coverage of at least $500,000 to provide restitution to any victim of a crime committed by one of the halfway house residents while said resident was residing at the halfway house. Said restitution shall be paid within 20 days of the date of the defendant's conviction, either after trial or by entry of a plea of guilty to the crime or a lesser included offense. A copy of said policy shall be provided to the City of Schenectady within 30 days of the issuance of the special use permit, or prior to the halfway house opening, whichever is earlier. Any special use permit granted will be conditional upon receipt of the proof of insurance.
(12)
The halfway house shall maintain off-street parking spaces sufficient to accommodate the greatest number of staff that will be on site at any one time, plus one.
(13)
Measurements of distance under this section are taken radially. "Radial" measurement means a measurement taken along the shortest distance between the nearest point of the building site of the halfway house and the nearest point of the building site of another use, or of a zoning district boundary.
C.
Any halfway house in operation prior to the effective date hereof must apply within one year for and acquire the special use permit specified above. If there are provisions herein with which the applicant is unable to comply without substantial expense or difficulty, the applicant will be exempt from all such provisions except those in Subsection B(7), (8) and (10) above.
D.
This section shall become effective immediately.
§ 264-113 Cannabis establishments, vape shops, smoke shops, vape lounges, hookah lounges and vape consumption businesses.
[Added 6-24-2024 by Ord. No. 2024-10; 2-10-2025 by Ord. No. 2025-05]
Purpose and intent. The unregulated establishment and operation of vape shops, smoke shops, vape lounges, hookah lounges and vape consumption businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, property values and quality of life of the City and would, therefore, be detrimental to the general health safety and economic viability of the community. The negative community impacts of cannabis, tobacco and similar uses are well-documented, including the accessibility and advertising of these products to youth. It is the intent of the City of Schenectady by enacting this section to ameliorate, mitigate, reduce, or prevent the adverse secondary impacts associated with vape shops, smoke shops, vape lounges, hookah lounges and vape consumption businesses. This ordinance is enacted to regulate land use and to protect the health, safety, and welfare of the community pursuant to the City Comprehensive Plan adopted by the Council on March 25, 2008.
A. CANNABINOID CANNABINOID HEMP CANNABIS CANNABIS ESTABLISHMENT CANNABIS PRODUCT DELIVERY HEMP HEMP EXTRACT HOOKAH LOUNGE AND VAPE LOUNGE HOOKAH PIPE INDIRECT RETAIL SALE INSTITUTIONAL DISPENSER MEDICAL MARIJUANA MICROBUSINESS ON-SITE CONSUMPTION SITES RETAIL DISPENSARY RETAIL SALE SMOKE SHOP AND VAPE SHOP SUBSTANTIAL OR SIGNIFICANT PORTION(1) (a) (b) (c) (d) (e) (2) (a) (b) (c) (d) TOBACCO OR CANNABIS PARAPHERNALIA
Definitions and word usage. Whenever used in this section and in Chapter 264 of the Schenectady City Code, the following terms shall have the meanings indicated:
The phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in Section 3306 of the New York State Public Health Law.
Any hemp and any product processed or derived from hemp, that is used for human consumption provided that when such product is packaged or offered for retail sale to a consumer it shall not have a concentration of more that three tenths of a percent of delta-9 tetrahydrocannabinol.
All parts of the plant of genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture salt, derivative, mixture or preparation of the plant, its seed or resin.
Including, but not limited to, cannabis microbusinesses, cannabis on-site consumption sites and cannabis retail dispensaries.
Otherwise known adult-use cannabis product means cannabis, concentrated cannabis, and cannabis infused products for use by a cannabis consumer.
The direct delivery of cannabis products by a retail licensee, microbusiness licensee or a delivery licensee.
Means the plant Cannabis sativa L. and an part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids and salts of isomers, whether growing or not, with delta-9 tetrahydrocannabinol concentration (THC) of not more than three-tenths of a percent on a dry weight basis. It shall not include medical marijuana as defined in this section.
Means all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp, use or intended for human consumption, for its cannabinoid content with a THC of not more than as set by the Office of Cannabis Management or any other state agency. For purposes of this section hemp extract shall not include food, food ingredient or food additive that is generally recognized as safe per federal law and it shall also not include for hemp extract not meant for human consumption.
Any facility or location whose business operation, and its principal use, include the on-site indoor smoking of electronic cigarettes, vape pens, vapors, e-liquids, or other like substances. Smoking is the inhalation of the smoke/liquid nicotine/vapors/water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and pipes commonly known as "hookah," "water pipe," "shisha," and consumption on premises.
A single or multi stemmed instrument used by one or more persons to smoke tobacco or another substance, which hookah pipe is also commonly referred to as a "hookah," "water pipe," "shisha" or "narghile."
To give any cannabis cannabis product, cannabinoid hemp, hemp extract product, or any product marketed or labeled as such by any person engaging in a commercial business venture or otherwise providing or offering goods or services to the general public for renumeration for such goods and/or services, where any such cannabis, cannabis product or cannabinoid hemp or hemp extract product, or any product marketed or labeled as such, accompanies(a) the sale of any tangible or intangible property; or (b) the provision of any service, including, but not limited, to entry or event, or a benefit of a membership to a club, association or other organization.
A facility approved and certified by the State of New York Department of Health as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner.
Shall have the same definition as ascribed to medical marihuana in Section 3360 of the New York Public Health Law and which is intended for a certified medical use, as determined by the Commissioner of Health of the State of New York ("Commissioner") in his or her sole discretion. Any form of medical marihuana not approved by the Commissioner is expressly prohibited.
A licensee that may act as cannabis producer for the cultivation of cannabis, a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor and a cannabis retailer.
The consumption of cannabis in an area licensed as provided by the New York State Marijuana Regulation and Tax Act (MRTA), as amended.
Any facility or person who sells at retail any cannabis product, the sale of which a license is required under the provisions of the New York State Marijuana Regulation and Tax Act (MRTA).
Any facility or person who receives an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent or employee, of any cannabis, cannabis product, to cannabis consumer for any purpose other than resale. For the purposes of this definition a site used for delivery shall be considered a retail dispensary.
Any establishment which offers for sale or consideration cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances, or cannabis paraphernalia, or components reasonably assumed to be use for smoking and/or inhalation or injection of any or products or other substances as a substantial or significant portion of its business, merchandise and/or stock-in-trade. Such establishments include tobacco shops, head shops, nicotine shops, vapor shops and the like.
Substantial or significant portion shall be determined using the following considerations:
Amount of floor area and basement space accessible to customers and allotted to the sale or consideration of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to the total floor area and basement space accessible to customers; and/or
Number of cigarettes electronic cigarettes pipes, vape pens, vapors, e-liquids, derivatives, or other like substances stock-in-trade or of any type accessible to customers generally, or as compared to total stock accessible to customers; and/or
Revenues derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total revenues; and/or
Advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total advertising; and/or
Use of the establishment for cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total use thereof.
However, notwithstanding the above considerations, the following shall be conclusive in determining substantial or significant portion:
40% or more of floor area and basement space accessible to customers allotted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or
40% or more of its stock-in-trade in cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or
40% or more of its gross income derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances; and/or
40% or more of its advertising is devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances.
Any equipment, device or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body of smoking and tobacco products or cannabinoid products. Items or devices classified as tobacco or cannabis paraphernalia include, but are not limited to, the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches are excluded from the definition of tobacco or cannabis paraphernalia.
B.
The placement of hookah lounges, smoke, and/or vape shops.
(1)
Location. In the R-1, R-2, R RH-1, RH-2, R-3, C-1, C-2, C-3 and I Districts, no building or premises shall be used and no building shall be hereafter erected or altered unless otherwise provided in this chapter for use as a vape shop, smoke shop, hookah lounge and/or vape lounge or a vape consumption business whether as its primary use or as an accessory or ancillary use. All such facilities or establishments lawfully established and operating, and open to the public or a segment thereof as of the date of adoption of this § 264-113, shall be terminated within one year from the effective date of this amendment, except that such establishment may be continued for a limited period of time by the Board of Zoning Appeals pursuant to § 264-113B(3). All others are hereby declared unlawful and prohibited, effective immediately in accordance with law.
(2)
Restriction on location of hookah lounges, vape lounges, smoke, and/or vape shops. Vape shops, smoke shops, hookah lounges, vape lounges or a vape consumption business as defined above are to be restricted to the M-1 and M-2 zoned districts and the C-4, and C-5 zoned districts and allowed only by special use permit per Article XIV and site plan approval per Article XIII of Chapter 264 and further subject to the regulations set forth in this section.
(a)
The lot line of any property whereupon exists any of the above uses shall not be located within a 1,000 feet of the lot line of another such legal hookah lounge, vape shop, smoke shop, vape lounge or vape consumption use.
(b)
The lot line of any property whereupon exists any of the above uses shall not be located within a 750 feet of the lot line of any day care, school, library, church or other place of religious worship, park, playground or playing field.
(c)
Signage:
[1]
There shall be no public display of advertisements for electronic cigarettes, vapor products, smoking paraphernalia, or tobacco products, within 1,500 feet of a school, or place of worship, in accordance with Public Health Law Article 13-F Section 1399-DD-1.
[2]
Windows shall be unobstructed by advertisements and/or other materials or smoking paraphernalia.
[3]
The total area of window signs shall not exceed 20% of the total area of the window and blinking, flashing, fluttering, and strobe-light effects are prohibited.
(3)
Amortization of smoke shops, vape shops and vape consumption businesses. The Board of Zoning Appeals per Article 5A of the General City Law and Chapter 264 of the City Code may permit nonconforming principal or accessory vape shop, smoke shop, hookah lounge and/or vape lounge or vape consumption business to continue for a period beyond is that provided for in § 264-113B(1), provided that:
(a)
An application for an extension is made by the owner of such establishment to the Board of Zoning Appeals at least 120 days prior to the date on which such establishment must terminate.
(b)
The Board of Zoning Appeals shall find, in connection with such establishment, that:
[1]
The applicant had made, prior to the nonconformity, a substantial financial expenditure related to the nonconformity; and
[2]
The applicant has not recovered substantially all the financial expenditures related to the nonconformity; and
[3]
The period for which such establishment may be permitted to continue is the minimum period sufficient for the applicant to recover substantially all the financial expenditures incurred related to the nonconformity.
[4]
For the purposes of this section, "financial expenditures" shall mean the capital outlay made by the applicant to establish the business exclusive of the fair market value of the building in which such use is located and exclusive of any improvements unrelated to the nonconforming business establishment.
C.
The placement of cannabis establishments and uses.
(1)
Presumption. The sale of any cannabis, cannabinoid, cannabinoid hemp, medical cannabis, hemp extract and cannabis products including cigarettes, pipes, vape pens, vapors, e-liquids shall automatically designate a building or premise substantially engaged in the sale of cannabis and therefore subject to the requirements of Article III of Chapter 264 of the Schenectady City Code.
(2)
Locations of cannabis establishments and uses. Cannabis establishments as defined above and as licensed pursuant to and defined by the MRTA shall be limited to the M-1, M-2, C-4, and C-5 zoned districts and in the C-2 and C-3 zoned districts subject to a special use permit per Article XIV and site plan approval per Article XIII of Chapter 264 and further subject to the regulations set forth in this section:
(a)
The lot line of any property of between cannabis establishments shall be those set by the New York State Office of Cannabis Management.
(b)
The lot line of a cannabis establishment shall not be located within 200 feet of the lot line of all religious properties.
(c)
The lot line of a cannabis establishment shall not be located within 500 feet of all education facilities meaning K-12 pursuant to the New York State Education Law.
(d)
The lot line of a cannabis establishment shall not be located within 500 feet of parks and playgrounds.
(e)
The lot line of a cannabis establishment shall not be located within 500 feet of child-care centers and youth organizations.
(f)
The lot line of a cannabis establishment shall not be located within 500 feet of any dance studios, batting cages and gymnasiums or similar venues where minors congregate.
(g)
For the purpose of calculating the distances as set forth above, measurement shall be from the lot line of the cannabis establishment to the lot line of the other premises.
(3)
Signage of cannabis establishments.
(a)
There shall be no public display of advertisements for electronic cigarettes, vapor products, smoking paraphernalia, or tobacco products, within 1,500 feet of a school, or place of worship, in accordance with Public Health Law Article 13-F Section 1399-DD-1 and such other rules and regulations regarding signage as the New York State Office of Cannabis Management may issue.
(b)
Windows shall be unobstructed by advertisements and/or other materials or smoking paraphernalia.
(c)
The total area of window signs shall not exceed 20% of the total area of the window and blinking, flashing, fluttering, and strobe-light effects are prohibited.