Schenectady City Zoning Code
ARTICLE III
Districts, Boundaries and Regulations
§ 264-3 Districts established.
A.
In order to regulate and restrict the location of buildings and land intended for trades, industries, residences or other purposes, to regulate and limit the height and size of buildings, to regulate and limit the intensity of the use of land and the density of population and to regulate and determine the size of yards and other open spaces and to serve the purposes of this chapter, the City of Schenectady is hereby divided into the following districts:
[Amended 3-23-2009 by Ord. No. 2009-02[1]]
OS | Recreation and Open Space District |
R-1 | Single-Family Residential District |
RH-1 | Historic Residential District |
R-2 | Two-Family Residential District |
RH-2 | Stockade Historic Residential District |
R-3 | Multiple-Family Residential District |
C-1 | Neighborhood Retail Business District |
C-2 | Mixed-Use Commercial District |
C-3 | Waterfront Mixed-Use District |
C-4 | Downtown Mixed-Use District |
C-5 | Business District |
I | Institutional District |
M-1 | Light Manufacturing and Warehousing District |
M-2 | Manufacturing and Warehousing District |
[1]
Editor's Note: This ordinance also provided that "references in this Chapter 264, Zoning, to Schedules A through I and to the names of zoning districts and cross-references to section and/or subsection numbers, including figure names, shall be amended accordingly to reflect amendments made in this ordinance."
B.
Additional special-purpose districts include:
PRD | Planned Residential Development District |
PMD | Planned Development District – Mixed Use |
OH | Overlay Historic District |
§ 264-4 Boundaries.
[Amended 9-12-2011 by Ord. No. 2011-15]
The boundaries of the districts are shown upon the map designated as the "Zoning Map,"[1] approved by Council as part of this chapter and filed in the office of the Department of Development or such other office or department of the City of Schenectady as may be hereafter provided by ordinance. Said Zoning Map and all notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the Zoning Map and all notations, references and other information shown thereon were all fully set forth or described herein. The City Department of Development shall, from time to time, cause all amendments, which are authorized by ordinance in the area of the various districts, to be posted on the Zoning Map or on suitable supplements thereto immediately upon the effective date of such ordinance, indicating the title and date of the ordinance pursuant to which such changes are made. In parcels that are split among two or more districts, each portion of the parcel shall be subject to the requirements of the respective district in which the portion of the parcel is located.
[1]
Editor's Note: The Zoning Map is on file in the City offices.
§ 264-5 Annexed territory.
The zoning classification of any territory hereafter annexed to the City of Schenectady shall be determined by the City Council.
§ 264-6 OS Recreation and Open Space District.
A.
Purpose. The Recreation and Open Space (OS) District is intended to preserve and enhance those publicly owned lands with significant recreational facilities or amenities, with open space characteristics or with features of topography, drainage, floodplains, aquifer areas or other natural features that preclude intense use.
B.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
§ 264-7 R-1 Single-Family Residential District.
A.
Purpose. The Single-Family Residential (R-1) District is intended to maintain the residential quality and desirability of areas characterized primarily by owner-occupied single-family detached dwellings and, where suitable, to provide areas for single-family residential development.
B.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
§ 264-8 RH-1 Historic Residential District.
A.
Purpose. The Historic Residential (RH-1) District is intended to promote, maintain and enhance the historic and architecturally significant buildings within the General Electric Realty Plot and the Morris Avenue neighborhoods. Specific standards and requirements are necessary to preserve the single-family residential qualities and attractiveness of this neighborhood.
B.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Accessory uses and structures. Accessory uses and structures are permitted in the RH-1 District subject to the provisions of § 264-29 of this chapter. In addition, accessory uses and structures located within the RH-1 District shall comply with the following standards:
(1)
Private garages. In no case shall private garages, on any one lot, contain more than 800 square feet of gross floor area or three parking bays, whichever is less in gross floor area.
E.
Additional limitations. The Historic Resource Commission shall review, approve or disapprove all plans and building permit applications for any modifications to property within the RH-1 district pursuant to the requirements of Article X, Historic Resources, of this chapter.
[Amended 7-8-2024 by Ord. No. 2024-11]
§ 264-9 R-2 Two-Family Residential District.
A.
Purpose. The Two-Family Residential (R-2) District is intended to conserve and maintain the areas of the City which have been developed primarily with two-family dwellings.
B.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts,[1] and the following exceptions:
(1)
The conversion of an existing single-family residence with one dwelling unit into a two-family residence with two dwelling units is prohibited.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
§ 264-10 RH-2 Stockade Historic Residential District.
A.
Purpose. The Stockade Historic Residential (RH-2) District is intended to promote, maintain and enhance the historic Stockade neighborhood where specialized standards and requirements are necessary to protect the area's distinctive residential quality and the architectural or historical significance of structures therein.
B.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts, and the following exceptions:[1]
[Amended 7-8-2024 by Ord. No. 2024-11]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Accessory uses and structures. Accessory uses and structures are permitted in the RH-2 District subject to the provisions of § 264-29 of this chapter. In addition, accessory uses and structures located within the RH-2 District shall comply with the following standards:
(1)
Private garages, storage garages and parking areas shall not contain more than one parking space for each 1,000 square feet of lot area.
E.
Additional limitations. The Historic Resource Commission shall review, approve or disapprove all plans and building permit applications for any modifications to property within the RH-2 district pursuant to the requirements of Article X, Historic Resources, of this chapter.
[Amended 7-8-2024 by Ord. No. 2024-11]
§ 264-11 R-3 Multiple-Family Residential District.
A.
Purpose. The Multiple-Family Residential (R-3) District is intended to accommodate new and existing residential development at moderately high densities. In addition, the R-3 District is intended to permit, subject to special permit, high-density residential development designed to accommodate the particular housing needs of elderly residents.
B.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
§ 264-12 C-1 Neighborhood Retail Business District.
A.
Purpose. The Neighborhood Retail Business (C-1) District is intended to accommodate a variety of small-scale retail business uses offering primarily convenience shopping for nearby residential areas. Permitted retail sales and services uses are intended to primarily serve the needs of individual consumers and households. Proximity to residences requires that business operations in the C-1 District be of a scale and nature that is relatively compatible with nearby residential uses. Such permitted and special uses in the C-1 District should not possess characteristics or impacts which might be detrimental or a nuisance to nearby residential properties.
B.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Additional limitations. The following limitations and conditions shall apply to and be complied with by all uses permitted or permissible in the C-1 District:
(1)
No permitted or permissible use shall occupy a floor area greater than 3,000 square feet to conduct its operations and to store its wares, products, inventory and materials.
(2)
All business establishments shall be retail or service establishments dealing directly with the consumer. All products produced, kept, handled or offered for sale shall be sold only at retail on the premises.
(3)
All operations shall be conducted within a completely enclosed building, except for the temporary outdoor display of merchandise located within five feet of a principal building.
(4)
No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
(5)
Screening and 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 nonresidential use and its operation from all points located on such residential lot when viewed from the ground level.
§ 264-13 C-2 Mixed-Use Commercial District.
A.
Purpose. The Mixed-Use Commercial (C-2) District is intended to represent the variety of mixed-use corridors located throughout the City's neighborhoods. These corridors are a mix of residences and smaller-scale retail and service uses serving the adjacent neighborhood as well as Citywide clientele. The district is also intended to provide locations for small-scale assembly, processing and light manufacturing uses, which are generally compatible in scale and nature with other permitted uses and which may provide employment opportunities for community residents. This district encourages a continued mix of residential and commercial uses at a smaller scale in keeping with the surrounding neighborhood that is oriented to all modes of transportation.
B.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Additional limitations. No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
§ 264-14 C-3 Waterfront Mixed-Use District.
[Amended 3-23-2009 by Ord. No. 2009-02; 2-9-2015 by L.L. No. 1-2015]
A.
Purpose.
(1)
The Waterfront Development (C-3) District is established to provide unique opportunities for the development and maintenance of water-oriented uses within certain areas of the City adjacent to the Mohawk River. The C-3 District permits certain recreational, open space, business and residential uses which will generally benefit from and enhance the unique aesthetic, recreational and environmental qualities of the waterfront areas. This district is also designed to protect unique and sensitive environmental features that exist along the shoreline, to promote and encourage public access to the shoreline and to encourage appropriate water-oriented recreational uses along the shoreline.
(2)
The specific purposes of this district include the following:
(a)
To provide for a desirable mix of water-dependent and water-enhanced recreational opportunities, business uses and residential uses which complement each other and take advantage of the unique locational characteristics of the Mohawk River.
(b)
To promote the most desirable and appropriate use of land and building development based upon consideration of land and soil characteristics and other natural features, environmental constraints, neighborhood characteristics and overall community needs, while also protecting the character of the district, conserving the value of land and buildings, and protecting the tax revenue base.
(c)
To ensure that development and land or water use activities occur in harmony with the environmental and ecological systems that exist along the Mohawk River.
(d)
To encourage flexibility in the design of land development, preservation of unique environmental features and maintenance of the aesthetic quality of waterfront areas by establishing appropriate design criteria that promote a more creative and imaginative design for development of waterfront areas than is normally possible under conventional zoning districts.
(e)
To promote the maintenance and/or extension of public access to the river in a manner that is compatible with the primary purpose of the proposed development or activity.
(f)
To promote opportunities for increased tourism.
(g)
To encourage appropriate and safe water surface use on the river.
(h)
To preserve, to the maximum extent practicable, the vegetation and natural features along the Mohawk River and to prevent, as much as possible, erosion, sedimentation and problems with drainage both during and after construction.
(i)
To encourage coordination with public agencies and private organizations involved with waterfront planning or waterfront-related development.
B.
Permitted uses. See Schedule B, Use Regulations for Nonresidential Districts,[1] with the following additions and exceptions:
(1)
All uses permitted in the C-3 District prior to enactment of this section shall continue to be permitted uses in the C-3 District and shall continue to appear in Schedule B, Use Regulations for Nonresidential Districts, with the following amendments:
(a)
Professional and business offices of less than 5,000 square feet on the ground floor in certain buildings. In any building with frontage on the Mohawk River or any embayment thereof, professional and business offices that exceed 5,000 square feet shall be located on upper floors, with retail and service uses located on the ground floor. For all other buildings, professional and business offices containing more than 30,000 square feet shall be located on upper floors, with retail and service uses located on the ground floor. This section shall not apply to a casino gaming facility, its ancillary facilities, or an attached hotel.
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Special permit uses. See Schedule B, Use Regulations for Nonresidential Districts,[2] and as provided in Subsection C(1) below:
(1)
Parking lots or structures as separate, principal uses shall not be located within 40 feet of the Mohawk River as measured from the mean high-water mark as defined in Subsection E.
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
D.
Accessory uses and structures. Accessory uses and structures are permitted in the C-3 District subject to the provisions of § 264-29 of this chapter. In addition, accessory uses and structures located in the C-3 District shall comply with the following standards:
(1)
Private garages, storage and parking areas for dwelling units shall not contain more than two parking spaces per dwelling unit, and provided that they are not located on the side of the property that fronts the river. This section does not apply to a casino gaming facility and its related uses.
(2)
Storage structures for nonresidential uses (i.e., rental boat storage), not to exceed a height of 16 feet, shall be screened from view by neighboring properties and water bodies with the use of vegetation, fencing or berming, or any combination thereof.
E.
Bulk, space and yard requirements: See Schedule C, Lot Development Standards,[3] and the following limitations:
(1)
Setbacks of lots adjacent to the Mohawk River. Lots directly adjacent to the Mohawk River shoreline shall consider the portion of the lot fronting the river to be a front yard in addition to the portion of the lot fronting the street. Front yards adjacent to the river shall have a front yard setback of 40 feet on the riverside. The Planning Commission has authority to approve lesser setbacks as deemed appropriate for the development.
(2)
Setbacks for public access and recreational areas, water-dependent uses, restaurants and other tourism-related uses which may require proximity to a location on the water may not be subject to shoreline setback requirements as determined by the Planning Commission as part of site plan review.
(3)
Setbacks from the river shall be measured from the mean high water (MHW) of the Mohawk River in the vicinity of the Macon/Alco site, defined as elevation of 213.54 on North American Vertical Datum of 1988 (NAVD 1988).
(4)
A single multi-use pedestrian and bicycle trail shall be constructed by the applicant with the following construction and design standards (other trails may be built without the following standards):
(a)
The trail shall have a width of at least 10 feet along the length of the Mohawk River shoreline and shall endeavor to be located reasonably adjacent to the undeveloped shoreline wherever practicable.
(b)
There shall be an additional two feet of graded area on either side of the trail and an additional ten-foot buffer between the trail and the river.
(c)
The trail shall be constructed of asphalt, synthetic composite, concrete, pavers, or other materials as approved by the Planning Commission.
(d)
Trails and esplanades may include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities.
[3]
Editor's Note: Schedule C is included as an attachment to this chapter.
F.
Density incentives.
(1)
Purpose. It is recognized that the waterfront encompasses a unique resource within the City, containing both a significant opportunity for the achievement of public amenities and a major potential for water-related development. To provide an incentive which will further encourage the most-appropriate use and development of the City's waterfront, the Planning Commission may allow, by application for a special permit, an increase in zoning density as set forth below if the development of a lot includes access or recreational opportunities for the public along the Mohawk River.
(2)
Density incentives. In order to encourage the development of additional public access on the waterfront, the following exceptions to the bulk, space and yard requirements may be permitted by the Planning Commission through the granting of a special permit based on the extent of the provision of a public waterfront access element described in Subsection E(4) above:
G.
Parking and loading requirements. Off-street parking requirements applicable in the C-3 District are set forth in Article VI, Off-Street Parking and Loading, of this chapter, except for the following standards applicable in the C-3 District:
(1)
Casino gaming facility and attached uses: 0.7 parking space per gaming position plus 1 space per hotel sleeping unit. Maximum allowable parking shall not exceed 1.5 parking spaces per gaming position and 1.75 parking spaces per hotel sleeping unit. Additional parking may be permitted by special use permit, subject to the requirements of Article XIV of this chapter.
(2)
Minimum parking stall depth shall be 18 feet, except for stalls containing any part of a building column or light pole, for which minimum depth shall be 16 feet.
(4)
Nothing in this chapter shall change the interpretation of state or federal laws regarding parking.
H.
Supplemental C-3 regulations. Notwithstanding anything contained within this Zoning Chapter to the contrary, Article IX, Signs, shall not be applicable to a casino gaming facility and ancillary uses.
(1)
Maximum allowable signage shall be 19,000 square feet for a casino gaming facility and its ancillary facilities, attached hotel, parking garage and pylon signs. Signage for a casino gaming facility and related uses within the C-3 District shall be reviewed and approved by the Planning Commission as part of the site plan approval process. Multisided pylon signs shall be permitted, with a height not to exceed 80 feet. Square footage for a multisided pylon sign shall be the square footage of its single largest side. Signage on any one side of a pylon sign may not exceed 70% of the face of the pylon sign, on that same side.
(2)
Maximum square footages shall not include directional signs. Directional signs containing logos are permitted so long as the primary purpose of the sign is directional in nature.
I.
Design standards. Notwithstanding anything contained within this Zoning Chapter to the contrary, the dimensions of curbed islands contained within paved parking areas (excluding parking garages) may vary, but in no instance shall the total square footage of landscaped area be less than 5% of the total paved area of a surface parking lot. Each curbed island shall be at least five feet by five feet in size.
§ 264-15 C-4 Downtown Mixed-Use District.
[Amended 3-23-2009 by Ord. No. 2009-02]
A.
Purpose. The Downtown Mixed-Use (C-4) District is intended to represent the central business district of the City. It encourages a mix of commercial, civic, cultural and hospitality uses in a pedestrian-oriented setting. Increased densities and scale are encouraged in this district while creating a walkable, attractive downtown for residents and visitors.
B.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Additional limitations. The following limitations and conditions shall apply to and be complied with by all uses permitted and permissible in the C-4 District:
(1)
No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
§ 264-16 C-5 Business District.
A.
Purpose. The Business (C-5) District is intended to provide a choice of locations for retail, service and wholesale uses serving a Citywide clientele. The district is also intended to provide locations for small-scale assembly, processing and light manufacturing uses, which are generally compatible in scale and nature with other permitted uses and which may provide employment opportunities for community residents. The C-5 District is characterized by good highway accessibility and exposure afforded by location on major streets and highways.
B.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Additional limitations. The following limitations and conditions shall apply to and be complied with by all uses permitted and permissible in the C-5 District:
(1)
Screening and 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 nonresidential use and its operation from all points located on such residential lot when viewed from the ground level.
(2)
No use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
§ 264-17 I Institutional District.
A.
Purpose. The Institutional (I) District is established to allow for an increased development scale and intensity than would typically be found in the adjacent residential districts to reflect their respective institutional missions and to support continued growth and flexibility. Development is intended to respect the historic development pattern of the existing campuses as well as the surrounding residential neighborhoods and be predominantly pedestrian oriented.
B.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Density incentive.
(1)
Purpose. The purpose of a density incentive is to encourage expansion and redevelopment projects on institutional campuses in coordination and cooperation with the City of Schenectady and the surrounding neighborhoods by providing some additional flexibility to these uses. To provide an incentive which will further encourage coordination and the most appropriate use and development of the City's campuses, institutional uses may request a density bonus to allow for seventy-percent lot coverage of principal structures if it provides a long-range plan to the City as part of special use permit review.
§ 264-18 M-1 Light Manufacturing and Warehousing District.
A.
Purpose. The M-1 Light Manufacturing and Warehousing District is intended to provide areas where light manufacturing, warehousing and business establishments may locate. Uses in the M-1 District themselves require protection from the potential adverse impact of heavier industrial uses, and therefore, such heavier industrial uses have been excluded from the M-1 District. The M-1 District is intended to be located primarily in those areas that are not residentially developed.
[Amended 3-23-2009 by Ord. No. 2009-02]
B.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential Districts.[1]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
D.
Performance standards for permitted uses. All uses permitted in this district shall operate in compliance with the following standards. Failure to operate in compliance with these standards shall be a violation of the Zoning Code and shall be subject to penalties as specified by Article XVIII of this chapter.
(1)
Exterior use of property. A special use permit must be issued in accordance with Article XIV of this chapter where the operation of any establishment requires the overnight, on-site, exterior storage or parking of more than 10 nonemployee 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.
(2)
Noise. When measured in accordance with American National Standards Institute standards at the property lot line, the maximum sound level shall not exceed 60 dBa.
(3)
Odor. Odorous matter released from any operation, activity or refuse shall not be detectable at the property lot line where the odor is generated.
(4)
Smoke. The emission of smoke from any chimney, stack, vent, opening or combustion or cleaning process shall not exceed a density or equivalent capacity of Ringelmann No. 1.
(5)
Glare. Any operation or activity producing glare shall be conducted so that direct or indirect illumination from the source of light shall not cause illumination in excess of 0.5 footcandle in any residential district.
(6)
Dust. No business shall be operated in such a manner which adversely impacts a residential district due to stack emissions or ground operations which generate dust or particulate matter.
(7)
Vibration. Processes or operations shall not create vibrations which exceed any of the following thresholds when measured at the property line of the generator of such vibration:
Frequency (cycles/second) | Displacement (thousandths of an inch) |
|---|---|
5 | 17.0 |
10 | 4.0 |
20 | 1.3 |
30 | 0.7 |
40 | 0.5 |
50 | 0.4 |
§ 264-19 M-2 Manufacturing and Warehousing District.
A.
Purpose. The Manufacturing and Warehousing (M-2) District is intended to provide a location for intense business and industrial uses which, because of their operation and nature, may create adverse effects on other nearby uses.
B.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential Districts.[1] Any uses not listed in Schedule B shall be allowed in the M-2 Manufacturing and Warehousing District with the issuance of a special use permit.
[Amended 9-12-2011 by Ord. No. 2011-15]
[1]
Editor's Note: Schedule B is included as an attachment to this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Lot Development Standards.[2]
[2]
Editor's Note: Schedule C is included as an attachment to this chapter.
§ 264-20 OH Overlay Historic District.
[Amended 7-8-2024 by Ord. No. 2024-11]
A.
Purpose. The OH Overlay Historic District is intended to promote, maintain and enhance areas, buildings and neighborhoods of historic, architectural, cultural or aesthetic value and to promote the purpose and intent of Article X governing historic districts. The OH District provides a means of applying historic district review and protection to individual landmarks or to areas of diverse land use that may not reasonably be classified as either an RH-1 or RH-2 Historic District. As an overlay district, the OH District shall always be mapped in conjunction with an underlying district.
B.
Effects. The OH District shall not be independently mapped upon the Zoning Map but shall be mapped, pursuant to the procedure for zoning amendments established in Article XIX of this chapter, only in conjunction with an underlying residential or nonresidential district. When so mapped, the OH District shall apply the requirements for historic districts and landmarks established in Article X of this chapter, in addition to all the requirements and limitations applicable in the underlying district. When the regulations and permitted uses of a zoning district conflict with those of the historic overlay district, the more restrictive standards apply.
§ 264-21 Planned Development Districts.
A.
Purpose. This section creates a zoning district which would permit the establishment of planned residential developments (PRDs) and planned mixed-use developments (PMDs) on one or more sites to achieve the following objectives:
(1)
A land use pattern in harmony with the objectives of the City Comprehensive Development Plans.
(2)
A more desirable environment than would be possible through the strict application of other land use and development regulations of the City.
(3)
A creative use of land and related physical development which allows an orderly transition from one land use to another.
(4)
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs.
(5)
Diversification in the uses permitted and variation in the relationship uses, structures, open spaces and height of structures in developments conceived as cohesive unified projects.
(6)
Higher standards of site and building design through the use of trained and experienced land planners, architects, landscape architects and engineers.
(7)
Innovations in residential development to the end that the growing demands for housing at all economic levels may be met by greater variety in tenure, type, design and siting of dwellings.
(8)
The preservation and enhancement of desirable characteristics, such as natural topography, vegetation and geologic features, and the prevention of soil erosion.
(9)
Provision for the preservation and functional and beneficial use of open areas.
B.
PRD standards and requirements.
(1)
Minimum project area. The minimum project area shall be three contiguous acres of land. The City Council may, upon report and recommendation of the Planning Commission, consider projects of lesser acreage. In such case, the applicant shall have the burden of establishing that the tract is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives established in this section.
(2)
Ownership. The entire tract proposed for planned residential development shall be in single ownership or under such unified control as to ensure that the entire tract will be developed as a unified whole. All owners of the tract shall be included as joint applicants on all applications, and all approvals shall bind all owners.
(3)
Location. The PRD may be created in an existing district which permits residential uses.
(4)
Permitted uses. Permitted uses within a PRD shall be as follows:
(a)
Residential uses: residential dwellings, including single-family attached and detached.
(b)
Nonresidential uses: parks and playgrounds, open space, tennis courts, swimming pools and other accessory private recreational facilities and other accessory uses designed and intended primarily to serve the residents of the PRD.
(5)
Residential density.
(a)
The overall project residential density shall be determined by the Planning Commission to provide for the most appropriate density for the project.
(b)
Where common property within the PRD is to be dedicated to the City for public parklands, playgrounds or other similar public recreational use, the City Council, as a condition of PRD approval, may authorize that such dedicated common property be deemed project area for the purpose of calculation of maximum permitted residential density.
(c)
Maximum height: 45 feet.
(d)
Setbacks. Any side and rear setback from a contiguous district must match the required setbacks from that district. The Planning Commission has authority to approve other setbacks as deemed appropriate for the development.
C.
PMD standards and requirements.
(1)
Minimum project area. The minimum project area shall be three contiguous acres of land. The City Council may, upon report and recommendation of the Planning Commission, consider projects of lesser acreage. In such case, the applicant shall have the burden of establishing that the tract is of sufficient size and shape to be planned and developed as a unified whole capable of meeting the objectives established in this section.
(2)
Ownership. The entire tract proposed for planned residential development shall be in single ownership or under such unified control as to ensure that the entire tract will be developed as a unified whole. All owners of the tract shall be included as joint applicants on all applications, and all approvals shall bind all owners.
(3)
Location. The PMD may be created in existing C-2, C-3, C-4 and C-5 Districts.
(5)
Density.
(a)
The overall project residential density shall be determined by the Planning Commission to provide for the most appropriate density for the project.
(b)
Where common property within the PMD is to be dedicated to the City for public parklands or other similar public recreational use, the City Council, as a condition of PMD approval, may authorize that such dedicated common property be deemed project area for the purpose of calculation of maximum permitted residential density.
(c)
Maximum height: 56 feet.
(d)
Setbacks. Any side and rear setback from a contiguous district must match the required setbacks from that district. The Planning Commission has authority to approve other setbacks as deemed appropriate for the development.
D.
General standards and requirements.
(1)
Impact on neighborhood. Any planned development shall be planned, designed and developed to be in harmony with the general purposes of this chapter and the City Comprehensive Plan to avoid any substantial adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utilities and other matters affecting the public health, safety and general welfare; to avoid any domination of the immediate vicinity or interference with the development and use of neighboring property in accordance with the applicable district regulations; and to avoid any destruction, loss or damage of natural, scenic or historic features of significant importance.
(2)
Landscaping. In all planned developments, landscaping and screening shall be provided according to a detailed landscaping plan. The perimeter of the PRD and PMD shall be designed and constructed so as to ensure compatibility with surrounding uses by means of setbacks, landscaping, screening, natural features and/or compatible buildings and structures.
(3)
Utilities. Planned developments shall be served adequately by, and shall not impose an undue burden upon, essential public facilities and services, such as highways, streets, traffic control signals and devices, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools. Where any such facility or service is not available or adequate to service the PRD or PMD, the applicant shall be responsible for establishing his ability, willingness and binding commitment to provide such facilities and services. All utility lines shall be placed underground.
(4)
Covenants and restrictions. All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with a planned development shall provide that they may not be modified, removed or released without the express consent of the City Council and shall provide that they may be enforced by the City of Schenectady.
(5)
Common property. Common property in a planned residential development is an area of land, together with any improvements thereon, intended for the aesthetic, leisure and recreational use of all owners and occupants of the planned development. Common property shall comprise a minimum of 25% of the total land area in any planned development. Common property shall be either public or private and shall be in such location and configuration that shall adequately serve and be accessible to all residents of the planned development.
(6)
Private common property. In cases of common property maintained privately, such land shall be covenanted to the satisfaction of the City Corporation Counsel to ensure that such areas shall not be utilized for building sites. The planned development plans shall include such provisions for the ownership and maintenance of such common property and facilities as are reasonably necessary to ensure their continuity, care, conservation, maintenance and operation in accordance with predetermined standards and to ensure that remedial measures will be available to the City if such common property or facilities are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the planned development or the City.
[Amended 3-23-2009 by Ord. No. 2009-02]
E.
Procedures. Whenever any planned residential development is proposed, and before any contract is made for the sale of any part thereof, before any building permit or zoning certificate shall be granted, and before any subdivision plat may be filed in the office of the County Clerk, the prospective developer or his authorized agent shall apply for and secure approval of such planned development in accordance with the procedures herein.
(1)
Application. The applicant shall file with the Zoning Officer an application for zoning amendment to Planned Residential Development District or Planned Mixed-Use Development District, together with the required fee and information. On receipt of the completed application and fee, the Zoning Officer shall transmit a copy of such application to the City Council Community Development and Planning Committee.
(2)
Required information. Any application for a zoning amendment to Planned Residential Development District or Planned Mixed-Use Development District shall contain five copies of the following information:
(a)
Site development plans drawn at a scale of not less than one inch equals 100 feet containing the following information:
[1]
Property lines, existing and proposed, together with the acreage of all lots, including any easements and dedications.
[2]
A map or description of the uses of land in and adjacent to the development site.
[3]
Topographic and drainage information, including contour intervals of not more than two feet of elevation, both existing and proposed.
[4]
Existing natural and man-made features, including streams, drainage improvements, wetlands, floodplains, slope over twelve-percent grade and existing buildings and structures.
[5]
All existing and proposed elements of vehicular and pedestrian circulation, including but not limited to roadways, parking areas, loading areas, walkways, bike paths and parking garages.
[6]
Delineation of the location and nature of the various residential buildings and uses, including the number, type and size of dwelling units proposed, plus a calculation of residential density.
[7]
The nature and location of all utilities, existing and proposed, including water, sewer, storm drainage, public utilities and refuse collection.
[8]
A landscaping plan showing the nature and location of all landscaping, plantings, fencing, screening and buffers.
[9]
The nature and location of all common property, including any structures, buildings, facilities or other improvements proposed to be located on such property.
(b)
The name and address of the applicant, the property owner and if the applicant is other than the property owner, evidence of his authority to make such application.
(c)
A written statement describing how the proposed PRD or PMD will implement the purposes set forth in this section. This statement shall also detail the type and number of residential dwelling units, the number of off-street parking spaces and the proposals for the construction, operation and maintenance of all utility systems and road improvements.
(d)
A written statement detailing the methods of ownership, control and planning by which the proper continued operation, perpetuity and maintenance of all common lands and facilities, structures or buildings thereon, parking areas, walkways and utilities will be assured.
(e)
A standard environmental assessment form shall be completed for the project. If determined necessary, an environmental impact statement will be prepared in accordance with the requirements of the New York State Environmental Quality Review Act and any applicable City environmental law.
(f)
Where the applicant proposes staging construction over a period to two or more years, a proposed plan indicating the staging of building construction and related improvements within the PRD or PMD, including estimated timing of each stage, shall be prepared.
(3)
Review procedure. Review of applications for PRD or PMD is governed by this subsection.
(4)
Final PRD or PMD development plan approval. Before any building permit or zoning certificate is issued and prior to the Official Zoning Map being revised to PRD or PMD District, the applicant shall secure final PRD or PMD plan approval of such project or stage thereof from the Planning Commission. The applicant shall make application for final PRD or PMD plan approval following the requirements and procedure established in Article XIII for site plan approval. Site plan approval, in addition to the requirements contained in Article XIII, shall also satisfy the City subdivision requirements when accompanied by a suitably drawn final subdivision plat of the project or stage thereof. The Planning Commission, in approving the final PRD or PMD plan, must find all of the following:
(a)
The final plans are in accord with the project information submitted to the City in application for approval and incorporate any conditions, restrictions or modifications required by the City Council for approval.
(5)
Request for change of development plans. If in the site design process it becomes apparent that certain elements of the development plan tentatively approved by City Council are infeasible and in need of modification, the applicant shall then present such modifications to the Planning Commission as part of the final approval process. The Planning Commission shall then determine whether or not the modification is still keeping with the City Council zoning resolution. If a negative decision is reached, the application for final PRD or PMD plan approval and zoning amendment shall be considered disapproved. In such case, the applicant may resubmit his proposal as provided herein.
F.
Financial responsibilities.
(1)
Prior to the issue of building permit or zoning certification, the applicant may be required to post performance bond(s) pursuant to and in accordance with the same procedures as provided for in § 33 of New York General City Law, in sufficient amounts and duration to assure that all street or other public places shown on the planned development plan shall be suitably graded and paved and that street signs, sidewalks, streetlighting standards, curbs, gutters, street trees, water mains, fire alarm signal devices, including necessary ducts and cables or other connecting facilities, sanitary sewers and storm drains shall all be installed in accordance with standards, specifications and procedures acceptable to the appropriate City departments.
(2)
Alternatively, such improvements may be installed by the applicant in accordance with standards, specifications and procedure acceptable to the appropriate City departments.