Troy, NY Zoning Ordinance

Troy City Zoning Code

ARTICLE I

General Provisions

§ 285-1 Title.

This chapter shall be known and cited as the "Zoning Ordinance of the City of Troy, New York."[1]

Editor's Note: Ordinances zoning or rezoning specific property or granting specific use permits are not included herein but are on file in the City Clerk's office. The appendices to this chapter have also been omitted from publication and are similarly available on file in the City Clerk's office.

§ 285-2 Application of regulations.

Application. Except as hereinafter provided:

(1)

No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located;

(2)

No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards, side yards, inner or outer courts than is specified herein for the district in which such building is located;

(3)

No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building; and

(4)

No lot, yard, setback, parking area or other space shall be so reduced in area, dimension or capacity as to make said area, dimension or capacity less than the minimum required under this chapter; said existing undersized area, dimension or capacity shall not be further reduced.

§ 285-3 Authority.

This chapter is adopted pursuant to and in discharge of the powers conferred upon cities by § 20 (Subdivisions 24 and 25) and by Article 5-a of the General City Law.

§ 285-4 Preamble.

The legislative intent of this chapter is to guide the future growth and development of the City of Troy in accordance with a Comprehensive Plan of Land Use and population distribution that represents and promotes beneficial and convenient relationships among residential, commercial, industrial, institutional and public areas within the City, considering the suitability of each area for such uses, as indicated by existing conditions, trends in population and mode of living, and future needs for various types of land development, and to achieve the purposes more particularly described as follows:

To foster a healthful urban environment, including but not limited to adequate light, air and privacy;

To ensure that land will be developed in a manner such that the City's population is concentrated in a scale appropriate for the promotion of the general public health, safety and welfare;

To provide the beneficial and safe access and egress to and from properties and safe and efficient circulation of traffic throughout the City;

To provide structures complying with generally accepted standards for safety from fires, flood and other natural disasters;

To enhance and conserve the unique characteristics of the City's neighborhoods and thereby aid in their orderly development;

To provide a guide for public policy and action that will facilitate efficient provision of public facilities and services and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the City; and

To minimize conflicts among uses of land and buildings and to encourage the gradual conformity of uses of land and buildings throughout the City to the Comprehensive Plan herein set forth.

§ 285-5 Comprehensive Plan of Land Use.

The purpose herein is to set forth a plan which describes the distribution of land within the City to assure the most efficient and beneficial uses of all such land and to encourage the balanced development of appropriate land for industrial, commercial, institutional, residential and public uses.

This plan is predicated upon goals and objectives, a map setting forth the distribution of uses within the City's municipal boundaries and the implementation of laws, ordinances and regulations supportive thereof.

This plan is set forth in a manner which will engender the most salutary effect upon the future development of the City.

§ 285-6 Goals and objectives of the Comprehensive Plan.

Community identity. The goals and objectives are to promote Troy's unique heritage and resources as an instrument of community pride and identity and as a method of economic development.

(1)

To build upon Troy's unique relationship to the Hudson River Valley as it helps to define the community's sense of place;

(2)

To foster Troy's participation in the continued growth and development of the Capital District Region;

(3)

To further Troy's identity as a center of higher education, research and development of new technologies and as a source of human resources trained to meet the challenges of the 21st Century;

(4)

To promote Troy as a community in which a wide variety of people seek to live, work and find recreation;

(5)

To support and encourage a community-wide strategy for the protection of Troy's rich historical and architectural resources by adaptive reuse and complementary new construction as part of Troy's commitment to the goals of Riverspark; and

(6)

To capitalize on Troy's location in relation to the interstate highway system.

The economy. The goals and objectives are to encourage and support a stable, balanced growth economy by aggressively utilizing all available public and private resources to reestablish the Greater Troy Market Area.

(1)

Central Business District. The Central Business District is the keystone to the City's entire economic health. It is crucial that downtown be perceived as a viable economic entity. To foster this perception, CBD development must be keyed to provide a wide-range of economic activity not only for the rest of the City, but also the Greater Troy Market Area. The goals and objectives are:

(a)

To continue efforts to redevelop downtown as a competitive retail center;

(b)

To aggressively pursue new downtown housing opportunities, therefore establishing a new residential neighborhood;

(c)

To capitalize on downtown Troy's emerging identity as a center for recreation, dining and culture;

(d)

To foster continued professional and commercial office development; and

(e)

To provide easy and welcome access to downtown from the City's colleges.

(2)

Industrial. Troy's heritage as an industrial center provides the community with a rich sense of identity. As we face the 21st Century, the nature of industrial development has changed from heavy industrial fabrication to assemblage, storage, distribution, light fabrication and research and development. As part of a balanced economy, the City will maximize the usage of appropriate lands for nonpernicious, technology-based industry. The goals and objectives are:

(a)

To foster the integration of the technical resources available at local colleges and universities with new industrial development;

(b)

To provide and develop economic incentives for the location of new industries to foster job creation;

(c)

To promote and support the planned expansion of indigenous industrial entities;

(d)

To focus new industrial development in those parts of the City which can most efficiently and effectively support it; and

(e)

To provide an environment and infrastructure conducive to industrial development.

(3)

Commercial. Given the wide availability of suburban shopping malls throughout the region, the City of Troy accepts the reality that competition for commercial (retail) dollars is difficult. It is, therefore, the City's intent to foster the development of a full range of retail outlets for our immediate Greater Troy Market Area and a range of specialty outlets attractive to the region at large. The goals and objectives are:

(a)

To provide incentives for the retention and further development of smaller commercial outlets serving the immediate neighborhoods in which they are located;

(b)

To encourage medium-sized retail outlets along major arteries in and out of the City to accommodate City residents, shoppers from adjacent communities and to capitalize on through traffic from New England;

(c)

To seek and encourage specialty retail and service-oriented outlets to locate in and around the CBD;

(d)

To aggressively pursue and provide for new and unique leisure-time commercial outlets in appropriate locations throughout the City; and

(e)

To foster increased student traffic in the CBD by encouraging student-related retail and service outlets.

(4)

Institutional. One of the major assets of the City of Troy is the wide range of high quality institutions of higher education, health care and community services. These institutions form Troy's new industrial base for the foreseeable future. It is, therefore, imperative that the City encourage the further development of these institutions in a fashion that is complementary to adjacent neighborhoods and flexible enough for the continued and orderly growth of the institutions. The goals and objectives are:

(a)

To define the logical extent of institutional land uses so as to differentiate between them and adjacent land uses;

(b)

To provide for appropriate transitional areas between institutional and nonresidential land uses;

(c)

To provide maximum flexibility for development within the boundaries of institutional lands;

(d)

To promote and foster the availability of a wide range of health care and other human services to support the needs of the community; and

(e)

To encourage support and spinoff business related to institutional land uses.

Housing. The highest priority facing any well-established community is to foster the stabilization and improvement of existing neighborhoods and housing stock. As a second but almost equally high priority, the City of Troy must encourage the availability of a wide range of new housing opportunities for citizens of all income levels. The goals and objectives are:

(1)

To conserve existing, habitable dwellings through rehabilitation;

(2)

To eliminate substandard housing principally through rehabilitation and allow for demolition only when no other alternatives are practically available;

(3)

To provide for the enhancement of existing residential neighborhoods by encouraging land use policies and public investment which will protect the essential characteristics of those neighborhoods;

(4)

To foster owner occupancy of housing units;

(5)

To adopt regulations which provide sufficient off-street parking, open space, trash collection and removal, lighting and privacy to support both new and existing neighborhoods; and

(6)

To adopt regulations which provide the City with sufficient flexibility to allow for new types of housing development in areas appropriate for said development.

Transportation. In order for the community to prosper as an economic and social entity, the City must provide for the safe, efficient, integrated and convenient movement of people and goods into and through Troy with minimal negative impact on land use and the quality of urban living. The goals and objectives are:

(1)

To develop and implement a comprehensive, City-wide traffic flow pattern which provides for convenience of access and flow of all types of vehicles on those streets that by design and land use are best able to accommodate them;

(2)

To implement a cooperative scheme between the City and CDTA to provide for timely, convenient and safe public transportation;

(3)

To establish safe and adequate pedestrian and bicycle lanes on all Troy streets and connect them to other networks in the region;

(4)

To develop a comprehensive signage system to identify Troy within the region and to identify the major points of destination within the City;

(5)

To establish a comprehensive parking program to promote the efficient use of circulation patterns and make all points of destination within the City accessible in a safe and convenient fashion;

(6)

To control and direct commercial through traffic onto those roads and streets which are capable of carrying such traffic; and

(7)

To encourage and foster the development of facilities on the river which will engender recreational and commercial boating access to the City of Troy.

The environment. In order to foster the continued growth of the City, a physically attractive and psychologically supportive urban environment is a desirable goal. It is the intent of this plan and its philosophical cornerstone that a healthful environment and a growing economy should be supportive and complementary of each other. The goals and objectives are:

(1)

To officially designate open spaces, parks, wetlands, steep slopes and waterways for conservation purposes;

(2)

To implement planned development of the Hudson River Corridor and its tributary corridors so that their values, functions and resources will not be impaired or otherwise abused;

(3)

To adopt air, water, and chemical and noise standards which maximize public health and safety;

(4)

To continue open space planning and conservation activities that provide a wide range of recreational opportunities for our citizens; and

(5)

To develop and implement regulations which support the creation of a visually pleasing urban experience.

§ 285-7 Statement of cooperation with other governmental entities.

It is the policy of the City of Troy to cooperate to the fullest extent possible with all other governmental entities having land use, investment, service delivery and regulatory interests within and adjacent to the City's municipal boundaries.

§ 285-8 Map of land use distribution.

Consistent with § 285-5 of this chapter and Ch. 72, Planning Board, of this Code, as amended, the City Planning Board shall prepare and adopt a map which will set forth a plan for the allocation of land uses derived from the goals and objectives set forth in § 285-6 of this chapter. Such map shall be deemed as a general guide to development not as a regulatory document.

§ 285-9 Implementation of Plan.

The purposes of § 285-5 shall be supported by the adoption of such local laws, ordinances and regulations necessary to implement the Comprehensive Plan of Land Use.

§ 285-10 Interpretation.

Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

Relationship with other laws. Where the conditions imposed by any provision of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by another provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

Effect on existing agreements. This chapter is not intended to abrogate any easement, covenant or other private agreement; provided that, where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern. However, when any portion or provision of this chapter conflicts with any portion or provision of Chapter 47, Historic Districts and Landmarks Review Commission, this chapter shall be subordinate without regard to which is more restrictive.

§ 285-11 Effective date.

This chapter shall take effect on the day of October 7, 1988, at 12:01 a.m.

Update. Within four years of the effective date of this chapter, the Planning Board shall prepare or cause to be prepared a written report to the City Council that outlines problems with the existing ordinance and which recommends either modifications of the existing ordinance or development of a new ordinance.

Troy City Zoning Code

ARTICLE I

General Provisions

§ 285-1 Title.

This chapter shall be known and cited as the "Zoning Ordinance of the City of Troy, New York."[1]

[1]

§ 285-2 Application of regulations.

Application. Except as hereinafter provided:

§ 285-3 Authority.

This chapter is adopted pursuant to and in discharge of the powers conferred upon cities by § 20 (Subdivisions 24 and 25) and by Article 5-a of the General City Law.

§ 285-4 Preamble.

To foster a healthful urban environment, including but not limited to adequate light, air and privacy;

To ensure that land will be developed in a manner such that the City's population is concentrated in a scale appropriate for the promotion of the general public health, safety and welfare;

To provide the beneficial and safe access and egress to and from properties and safe and efficient circulation of traffic throughout the City;

To provide structures complying with generally accepted standards for safety from fires, flood and other natural disasters;

To enhance and conserve the unique characteristics of the City's neighborhoods and thereby aid in their orderly development;

To minimize conflicts among uses of land and buildings and to encourage the gradual conformity of uses of land and buildings throughout the City to the Comprehensive Plan herein set forth.

§ 285-5 Comprehensive Plan of Land Use.

This plan is set forth in a manner which will engender the most salutary effect upon the future development of the City.

§ 285-6 Goals and objectives of the Comprehensive Plan.

Community identity. The goals and objectives are to promote Troy's unique heritage and resources as an instrument of community pride and identity and as a method of economic development.

(1)

To build upon Troy's unique relationship to the Hudson River Valley as it helps to define the community's sense of place;

(2)

To foster Troy's participation in the continued growth and development of the Capital District Region;

(3)

To further Troy's identity as a center of higher education, research and development of new technologies and as a source of human resources trained to meet the challenges of the 21st Century;

(4)

To promote Troy as a community in which a wide variety of people seek to live, work and find recreation;

(5)

(6)

To capitalize on Troy's location in relation to the interstate highway system.

(1)

(a)

To continue efforts to redevelop downtown as a competitive retail center;

(b)

To aggressively pursue new downtown housing opportunities, therefore establishing a new residential neighborhood;

(c)

To capitalize on downtown Troy's emerging identity as a center for recreation, dining and culture;

(d)

To foster continued professional and commercial office development; and

(e)

To provide easy and welcome access to downtown from the City's colleges.

(2)

(a)

To foster the integration of the technical resources available at local colleges and universities with new industrial development;

(b)

To provide and develop economic incentives for the location of new industries to foster job creation;

(c)

To promote and support the planned expansion of indigenous industrial entities;

(d)

To focus new industrial development in those parts of the City which can most efficiently and effectively support it; and

(e)

To provide an environment and infrastructure conducive to industrial development.

(3)

(a)

To provide incentives for the retention and further development of smaller commercial outlets serving the immediate neighborhoods in which they are located;

(b)

(c)

To seek and encourage specialty retail and service-oriented outlets to locate in and around the CBD;

(d)

To aggressively pursue and provide for new and unique leisure-time commercial outlets in appropriate locations throughout the City; and

(e)

To foster increased student traffic in the CBD by encouraging student-related retail and service outlets.

(4)

(a)

To define the logical extent of institutional land uses so as to differentiate between them and adjacent land uses;

(b)

To provide for appropriate transitional areas between institutional and nonresidential land uses;

(c)

To provide maximum flexibility for development within the boundaries of institutional lands;

(d)

To promote and foster the availability of a wide range of health care and other human services to support the needs of the community; and

(e)

To encourage support and spinoff business related to institutional land uses.

(1)

To conserve existing, habitable dwellings through rehabilitation;

(2)

To eliminate substandard housing principally through rehabilitation and allow for demolition only when no other alternatives are practically available;

(3)

To provide for the enhancement of existing residential neighborhoods by encouraging land use policies and public investment which will protect the essential characteristics of those neighborhoods;

(4)

To foster owner occupancy of housing units;

(5)

To adopt regulations which provide sufficient off-street parking, open space, trash collection and removal, lighting and privacy to support both new and existing neighborhoods; and

(6)

To adopt regulations which provide the City with sufficient flexibility to allow for new types of housing development in areas appropriate for said development.

(1)

(2)

To implement a cooperative scheme between the City and CDTA to provide for timely, convenient and safe public transportation;

(3)

To establish safe and adequate pedestrian and bicycle lanes on all Troy streets and connect them to other networks in the region;

(4)

To develop a comprehensive signage system to identify Troy within the region and to identify the major points of destination within the City;

(5)

To establish a comprehensive parking program to promote the efficient use of circulation patterns and make all points of destination within the City accessible in a safe and convenient fashion;

(6)

To control and direct commercial through traffic onto those roads and streets which are capable of carrying such traffic; and

(7)

To encourage and foster the development of facilities on the river which will engender recreational and commercial boating access to the City of Troy.

(1)

To officially designate open spaces, parks, wetlands, steep slopes and waterways for conservation purposes;

(2)

To implement planned development of the Hudson River Corridor and its tributary corridors so that their values, functions and resources will not be impaired or otherwise abused;

(3)

To adopt air, water, and chemical and noise standards which maximize public health and safety;

(4)

To continue open space planning and conservation activities that provide a wide range of recreational opportunities for our citizens; and

(5)

To develop and implement regulations which support the creation of a visually pleasing urban experience.

§ 285-7 Statement of cooperation with other governmental entities.

§ 285-8 Map of land use distribution.

§ 285-9 Implementation of Plan.

The purposes of § 285-5 shall be supported by the adoption of such local laws, ordinances and regulations necessary to implement the Comprehensive Plan of Land Use.

§ 285-10 Interpretation.

Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

§ 285-11 Effective date.

This chapter shall take effect on the day of October 7, 1988, at 12:01 a.m.

Troy City Zoning Code

ARTICLE I

General Provisions

§ 285-1 Title.

This chapter shall be known and cited as the "Zoning Ordinance of the City of Troy, New York."[1]

[1]

§ 285-2 Application of regulations.

Application. Except as hereinafter provided:

§ 285-3 Authority.

This chapter is adopted pursuant to and in discharge of the powers conferred upon cities by § 20 (Subdivisions 24 and 25) and by Article 5-a of the General City Law.

§ 285-4 Preamble.

To foster a healthful urban environment, including but not limited to adequate light, air and privacy;

To ensure that land will be developed in a manner such that the City's population is concentrated in a scale appropriate for the promotion of the general public health, safety and welfare;

To provide the beneficial and safe access and egress to and from properties and safe and efficient circulation of traffic throughout the City;

To provide structures complying with generally accepted standards for safety from fires, flood and other natural disasters;

To enhance and conserve the unique characteristics of the City's neighborhoods and thereby aid in their orderly development;

To minimize conflicts among uses of land and buildings and to encourage the gradual conformity of uses of land and buildings throughout the City to the Comprehensive Plan herein set forth.

§ 285-5 Comprehensive Plan of Land Use.

This plan is set forth in a manner which will engender the most salutary effect upon the future development of the City.

§ 285-6 Goals and objectives of the Comprehensive Plan.

Community identity. The goals and objectives are to promote Troy's unique heritage and resources as an instrument of community pride and identity and as a method of economic development.

(1)

To build upon Troy's unique relationship to the Hudson River Valley as it helps to define the community's sense of place;

(2)

To foster Troy's participation in the continued growth and development of the Capital District Region;

(3)

To further Troy's identity as a center of higher education, research and development of new technologies and as a source of human resources trained to meet the challenges of the 21st Century;

(4)

To promote Troy as a community in which a wide variety of people seek to live, work and find recreation;

(5)

(6)

To capitalize on Troy's location in relation to the interstate highway system.

(1)

(a)

To continue efforts to redevelop downtown as a competitive retail center;

(b)

To aggressively pursue new downtown housing opportunities, therefore establishing a new residential neighborhood;

(c)

To capitalize on downtown Troy's emerging identity as a center for recreation, dining and culture;

(d)

To foster continued professional and commercial office development; and

(e)

To provide easy and welcome access to downtown from the City's colleges.

(2)

(a)

To foster the integration of the technical resources available at local colleges and universities with new industrial development;

(b)

To provide and develop economic incentives for the location of new industries to foster job creation;

(c)

To promote and support the planned expansion of indigenous industrial entities;

(d)

To focus new industrial development in those parts of the City which can most efficiently and effectively support it; and

(e)

To provide an environment and infrastructure conducive to industrial development.

(3)

(a)

To provide incentives for the retention and further development of smaller commercial outlets serving the immediate neighborhoods in which they are located;

(b)

(c)

To seek and encourage specialty retail and service-oriented outlets to locate in and around the CBD;

(d)

To aggressively pursue and provide for new and unique leisure-time commercial outlets in appropriate locations throughout the City; and

(e)

To foster increased student traffic in the CBD by encouraging student-related retail and service outlets.

(4)

(a)

To define the logical extent of institutional land uses so as to differentiate between them and adjacent land uses;

(b)

To provide for appropriate transitional areas between institutional and nonresidential land uses;

(c)

To provide maximum flexibility for development within the boundaries of institutional lands;

(d)

To promote and foster the availability of a wide range of health care and other human services to support the needs of the community; and

(e)

To encourage support and spinoff business related to institutional land uses.

(1)

To conserve existing, habitable dwellings through rehabilitation;

(2)

To eliminate substandard housing principally through rehabilitation and allow for demolition only when no other alternatives are practically available;

(3)

To provide for the enhancement of existing residential neighborhoods by encouraging land use policies and public investment which will protect the essential characteristics of those neighborhoods;

(4)

To foster owner occupancy of housing units;

(5)

To adopt regulations which provide sufficient off-street parking, open space, trash collection and removal, lighting and privacy to support both new and existing neighborhoods; and

(6)

To adopt regulations which provide the City with sufficient flexibility to allow for new types of housing development in areas appropriate for said development.

(1)

(2)

To implement a cooperative scheme between the City and CDTA to provide for timely, convenient and safe public transportation;

(3)

To establish safe and adequate pedestrian and bicycle lanes on all Troy streets and connect them to other networks in the region;

(4)

To develop a comprehensive signage system to identify Troy within the region and to identify the major points of destination within the City;

(5)

To establish a comprehensive parking program to promote the efficient use of circulation patterns and make all points of destination within the City accessible in a safe and convenient fashion;

(6)

To control and direct commercial through traffic onto those roads and streets which are capable of carrying such traffic; and

(7)

To encourage and foster the development of facilities on the river which will engender recreational and commercial boating access to the City of Troy.

(1)

To officially designate open spaces, parks, wetlands, steep slopes and waterways for conservation purposes;

(2)

To implement planned development of the Hudson River Corridor and its tributary corridors so that their values, functions and resources will not be impaired or otherwise abused;

(3)

To adopt air, water, and chemical and noise standards which maximize public health and safety;

(4)

To continue open space planning and conservation activities that provide a wide range of recreational opportunities for our citizens; and

(5)

To develop and implement regulations which support the creation of a visually pleasing urban experience.

§ 285-7 Statement of cooperation with other governmental entities.

§ 285-8 Map of land use distribution.

§ 285-9 Implementation of Plan.

The purposes of § 285-5 shall be supported by the adoption of such local laws, ordinances and regulations necessary to implement the Comprehensive Plan of Land Use.

§ 285-10 Interpretation.

Minimum requirements. The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

§ 285-11 Effective date.

This chapter shall take effect on the day of October 7, 1988, at 12:01 a.m.