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Schodack City Zoning Code

ARTICLE III

Zoning Districts

§ 219-12 Enumeration of districts.

A. 
The Town of Schodack is hereby divided into the following zoning districts:
RA
Residential Agricultural District
R
Residential District
HM
Hamlet Mixed Use District
TC
Town Center District
CM
Commercial Mixed Use
C
Commercial District
RC
Regional Commercial
MC
Marine Commercial
PW
Planned Waterfront
M
Manufacturing
PDD
Planned Development District
B. 
The following overlay districts are also hereby created:
FF-O
500-year Flood-Fringe Overlay District
MHO
Mobile Home Overlay District
ME-O
Mining and Extraction Overlay District
SU-O
Solar Utility Overlay District

§ 219-13 Purposes of districts.

The following statements of purpose define the spirit and intent of each land use district not otherwise stated in this chapter and are to be used as guides in the interpretation and application of these regulations:
A. 
Residential Agricultural (RA) District. The RA District is a low-density agricultural and residentially zoned district. The land included in this district is considered to be well suited for agriculture and may have environmental constraints, including steep slopes, erodible soils, water quality, and ecologically sensitive areas that affect the development potential and development pattern of the land. Such lands are typically not served by municipal water or sewer. Development within this district should seek to protect the Town's rural character and agricultural resources in accordance with the Town's Comprehensive Plan.
B. 
Residential (R) District. The purpose of the Residential (R) District is to maintain and protect residential and neighborhood qualities while recognizing the importance of meeting the changing housing needs of Town residents; to provide for and encourage a mixture of housing types and opportunities; to provide for and encourage open spaces; to provide for the protection of the Town's natural resources, such as the Schodack Terrace Aquifer, by encouraging residential development with sanitary sewer and water systems; to encourage the planting of shade trees and gardens; to foster safe pedestrian and traffic circulation; and to recognize the existence of nonconforming uses and to maintain their operation in an unobtrusive fashion.
C. 
Hamlet Mixed Use District. The purpose of the Hamlet Mixed Use (HM) District is to encourage mixed-use development that balances residential and compatible, low-impact commercial/retail, professional offices, schools, community services, civic uses, and parks to promote attractive and architecturally compatible development. This District encourages lots to be used for both a business and a private residence to promote economic development in the Town while balancing the housing needs of its residents.
D. 
Town Center Districts. The purpose of the Town Center (TC) Districts are to promote a mix of land uses that foster a live, work, shop, play environment that is designed to make walking, bicycling, and public transportation viable, safe, and attractive alternatives to driving.
E. 
Commercial Mixed-Use District. The purpose of this Commercial Mixed Use (CM) District is a transition district between the Town Center Districts and the Commercial (C) District. This district promotes a mix of uses that may include a combination of residential, commercial, and/or office uses that are well thought out and planned as a single development.
F. 
Commercial District. The purpose of the Commercial (C) District is to provide areas of the Town for retail and nonresidential development of a variety of scales which are primarily vehicular oriented; to provide a variety of retail uses and services to meet the needs of the community; and to add to the economic base of the community.
G. 
Regional Commercial District. This purpose of this Regional Commercial (RC) District is to promote and attract larger commercial uses that would benefit from the interstate access.
H. 
Marine Commercial (MC) District. The purposes of the Marine Commercial (MC) District is to support the historic role played by the Town's waterfront in the development of the Town; to encourage river-oriented commercial and recreational activities consistent with sound environmental practices; and to enhance public access to the Hudson River.
I. 
Planned Waterfront District. The purpose of the Planned Waterfront (PW) District is to encourage river-oriented commercial, residential, and recreational activities consistent with the adopted Local Waterfront Revitalization Plan (LWRP).
J. 
Manufacturing District. The purpose of the Manufacturing (M) District is to provide for the special needs of industry for relatively flat land with access to transportation networks and utilities, while protecting the integrity of residential neighborhoods and commercial activity.
K. 
Planned Development District. The purpose of the Planned Development (PDD) District is intended to provide for flexible land development and/or flexible mix of land uses in accordance of the regulations of this chapter and in accordance with the Town's Comprehensive Plan.
L. 
Flood-Fringe Overlay District. The purpose of the Flood-Fringe (FF-O) Overlay District is to protect the public health and safety by prohibiting development in the overlay area unless the floodproofing requirements of the Flood Insurance Program and the Town, and any amendments or revisions as may be adopted, are met.[1]
[1]
Editor's Note: See Ch. 118, Flood Damage Prevention.
M. 
Mobile Home Neighborhood Overlay District. It is the purpose of the Mobile Home Neighborhood (MHO) Overlay District to provide for planned mobile home residential developments, including related recreational and other service facilities. It is further the purpose to establish sites at appropriate locations within the Town in relation to existing and potential development areas and in relation to other uses and community facilities.
N. 
Mining and Extraction Overlay District. It is the purpose of the Mining and Extraction Overlay (ME-O) District to recognize that earth, sand, gravel, rock, peat and mineral resources within the Town are necessary and beneficial to the economy of the community and welfare of its citizens.
O. 
Solar Utility Overlay District. The purpose of these the Solar Utility (SU-O) Overlay District is to provide utility-scale solar collector systems through performance criteria that balance the unique characteristics of each site.

§ 219-14 Zoning Map.

The location and boundaries of said districts are shown on the Zoning Map of the Town of Schodack. Said map, together with all explanatory matter thereon and all amendments thereto, is hereby adopted and is declared to be an appurtenant part of this chapter.[1] Said map shall be kept up-to-date and be located in the Town Hall for the use and benefit of the public.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 219-15 Interpretation of boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid zoning districts as shown on the Zoning Map, the following rules shall apply:
A. 
Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways and railroads, public utility easements or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically adjusted if a center line or right-of-way line of such street, highway, railroad, public utility or watercourse is moved a maximum distance of 50 feet.
B. 
Where district boundaries are indicated as approximately following the Town or Village boundary lines, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C. 
Where district boundaries are so indicated that they are approximately parallel to the Town or Village boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by use of the scale shown on the Zoning Map.
D. 
Where a zoning district boundary line divides a single lot at the time such line is established, the following shall apply:
(1) 
In the Commercial Mixed Use (CM), Commercial (C), and Regional Commercial (RC) Districts:
(a) 
If a property is partially zoned for commercial, manufacturing, or warehouse use and the zoning line crosses into a residential zone, the applicant may extend the district boundary for the commercial, manufacturing, or warehouse use to the entirety of the lot, provided that access shall be from the portion of the lot that is located in the CM, C, or RC zoned portion of the lot to a public right of way. No access shall be permitted from the residentially zoned portion of the lot. Extending the commercial, manufacturing, or warehouse use to portions of the residentially zoned lot shall not prohibit the Planning Board from making reasonable requests of buffering or screening from adjacent residential uses when deemed necessary.
(b) 
Uses allowed in the Residential Agricultural (RA) and the Residential (R) District may not extend into the CM, C, or RC District.
(c) 
Such district extensions shall not be permitted into the flood overlay district.
(2) 
For all other split zoned lots:
(a) 
The district boundary may be extended not more than 30 feet into the more restricted portion of the lot, provided that the lot has street or highway frontage in the less restricted district.
(b) 
Such district extensions shall not be permitted into the flood overlay district.
E. 
In all other cases, where dimensions are not shown on the Zoning Map, the location of the boundaries shown on the map shall be determined by the use of the scale appearing thereon.

§ 219-16 Delineation of flood hazard areas. [1]

The boundaries of the Flood-Fringe Overlay District (FF-O) are established herein as delineated on the most current edition of the appropriate Federal Insurance Administration Flood Hazard Boundary Map as issued for the Town of Schodack by the United States Department of Housing and Urban Development. Any revisions, amendments or successors thereto, with all explanatory matter thereon, are hereby adopted and made a part of this chapter. The latest edition of said map shall be kept on file in the offices of the Town Clerk and the Town Planning Board for the use and benefit of the public.
[1]
Editor's Note: See also Ch. 118, Flood Damage Prevention.

§ 219-17 Annexations.

Any land hereafter annexed to or consolidated with the Town of Schodack shall be deemed to be zoned RA until such land is reclassified by specific amendment to this chapter.

§ 219-18 General applicability of regulations.

Except as hereinafter and otherwise provided:
A. 
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, moved, altered, reconstructed or enlarged except in conformance with the regulations herein specified for the district in which it is located.
B. 
No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building.
C. 
No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
D. 
No off-street parking or loading space required for one building or use shall be included as meeting, in whole or part, the off-street parking or loading space required for another building or use except as otherwise provided for this chapter.
E. 
No off-street parking or loading space shall be so reduced in area that it does not meet the requirements of this chapter.
F. 
Within each district, the regulations set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.
G. 
No vehicle or boat or other similar structure shall be used for storage except as allowed herein.

§ 219-19 Flood-Fringe Overlay District.

A. 
All development within the Flood-Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA), shall be subject to the special use permit review procedure as provided by Article X of this chapter, including those special design requirements stated in herein.[1]
[1]
Editor's Note: See also Ch. 118, Flood Damage Prevention.
B. 
All uses proposed within the Flood-Fringe Overlay District (FF-O) shall be considered special use permit uses, subject to review by the Planning Board for compliance with Chapter 118, Flood Damage Prevention, as certified to by a registered architect or licensed professional engineer.

§ 219-20 Planned Waterfront District.

A. 
Purpose. The purpose of this district is to permit riverfront land to be used for certain activities which depend on or are enhanced by access to the water while protecting the unique and fragile natural resources of the waterfront area. Approval of development proposals will be based on the demonstration of need for a waterfront location and evaluation of the measures proposed to protect natural resources.
B. 
Permitted uses.
(1) 
One-family dwellings.
(2) 
Agricultural uses, subject to the conditions set forth in the Residential Agriculture District.
(3) 
Customary accessory uses to the above.
(4) 
Sewage treatment facility.
C. 
Special uses. The following uses may be approved in accord with the procedures and criteria set forth in Subsection D below and subject to the development standards set forth in Subsection E below.
(1) 
Marinas, boat yards, boat sale and repair, shipbuilding and similar uses.
(2) 
Recreation facilities requiring waterfront access such as boat launches, fishing piers, swimming facilities, etc.
(3) 
Conference centers, camps, retreats and similar facilities which require large sites and utilize the waterfront for recreational or educational purposes.
(4) 
Cultural, educational, or scientific uses which utilize the coastal resources.
(5) 
Uses which require water transportation for transfer of:
(a) 
Goods produced on the site;
(b) 
Natural materials found on the site; or
(c) 
Products requiring such transportation.
(6) 
Residential uses, including seasonal or second homes, which by site design, supporting facilities or other means utilize the particular advantage of a waterfront site.
(7) 
Facilities which support or are accessory to one of the above uses, including retail uses or restaurants occupying less than 10% of total floor area in the completed development.
D. 
Submission requirements and approval criteria.
(1) 
Submission requirements.
(a) 
No Building and Zoning Permit shall be issued for any use listed in Subsection C above unless the Planning Board has issued a special use permit and approved a site development plan in accord with the provisions hereof.
(b) 
In addition, all applications for uses listed in Subsection C above shall be accompanied by an Environmental Assessment Form (EAF), which shall provide sufficient data to determine if the proposed action is consistent with the coastal policies set forth in the Local Waterfront Revitalization Program and its impact upon natural resources in the coastal area.
(2) 
Approval criteria. In addition to the determinations that the Planning Board must make in accord with the provisions hereof, prior to issuance of a conditional use permit, it shall also make the following determination for any use requiring such a permit in the Planned Waterfront District:
(a) 
The proposed use requires or substantially benefits from its location on a site with direct access to the coastal water.
(b) 
The site development plan provides maximum opportunities for the recreational use of the waterfront.
(c) 
The greatest extent of public access to the waterfront is provided given the nature of the proposed use.
(d) 
Maximum protection is provided to natural resources: wetlands, fish and wildlife habitats and significant vegetation and other site features.
(e) 
The visual impact of development is minimized in terms of views from the river and the opposite shore by use of appropriate building massing and materials, use of landscaping and natural growth and other site planning techniques.
(f) 
All development criteria set forth in Subsection E below have been satisfied in addition to all other standards required by this section.
E. 
Development standards.
(1) 
Permitted uses. Permitted uses shall conform to the standards of the Residential Agricultural (RA) District.
(2) 
Special uses.
(a) 
Special uses shall conform to the standard of the Residential Agricultural (RA) District.
(b) 
It is the intent of these standards to provide maximum flexibility in site design within the parameters of the approval criteria set forth in Subsection D(2) above and the basic standards set forth below. In its review, the Planning Board shall be guided by standards used elsewhere in this chapter and established site development practice.
(c) 
Uses requiring a special use permit shall conform to the following standards:
[1] 
No structure shall be located within 200 feet of the mean high-water line of the Hudson River or Papscanee Creek, except for those structures or uses defined as "water-dependent" in the Local Waterfront Revitalization Program.
[2] 
Total horizontal coverage by roads, rooftops, parking lots and other impermeable surfaces shall not exceed 1/3 of the total site area. No such surfaces shall be located within 100 feet of the mean high-water line of the Hudson River or Papscanee Creek, except for essential access roads to water-dependent uses.
[3] 
All sewage disposal, water supply and other utility systems shall be approved by the appropriate agency prior to issuance of any conditional use permit.
[4] 
Development plans shall indicate how site design and construction management employ best management practices to prevent adverse effects from erosion and siltation.