City of Troy, NY
Rensselaer County
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Table of Contents
Table of Contents

§ 285-47.1 Moratorium on certain provisions.

[Added 2-1-2007 by Ord. No. 8; amended 4-1-2010 by Ord. No. 5; 10-7-2010 by Ord. No. 11; 9-4-2014 by Ord. No. 56]
A. 
Notwithstanding any other provision of the Troy City Code of Ordinances to the contrary, no residential structure shall be granted a permit or approval to increase the number of residential units beyond that which currently exist in said residential structure.
B. 
Additionally, no permit shall be granted to convert a carriage house, garage or any secondary structure into a residential unit.
C. 
Finally, no existing residential structure shall be granted a permit or approval to increase the number of bedrooms within the existing structure and/or to add additional bedrooms within the existing footprint of the residential structure, except that one bedroom may be added in an owner-occupied single-family residential structure in unfinished space of an attic or basement, subject to all code requirements and as long as no toilet or plumbing is added.
D. 
The City Council of the City of Troy has enacted this moratorium on the approval and permitting of the above for a one-year period while issues surrounding the need for this moratorium are studied and permanent changes are made to Chapter 285.
E. 
This section shall be in effect from October 1, 2014, through September 30, 2015.

§ 285-48 District designations.

[Amended 12-3-2009 by Res. No. 12]
For the purpose of promoting the public health, safety and general welfare of the City of Troy, the City is hereby divided into the following districts:
R-1
Single-Family Residential, Detached
R-2
Two-Family Residential
R-3
Multiple-Family Residential, Medium-Density
R-4
Urban Neighborhood Residential, Medium- to High-Density
R-5
High-Rise Residential, High-Density
P
Planned Development
B-1
Neighborhood Commercial
B-2
Community Commercial
B-3
Shopping Center Commercial
B-4
Central Commercial
B-5
Highway Commercial
T-5
Urban Core District
BP
Business Park
IND
Industrial
CON
Conservation
INST
Institutional
WMD
Waterfront Mixed-Use
WCD
Waterfront Commercial
WTD
Waterfront Trade
Waterfront Overlay
HWD
Hoosick Street Waterfront
HCD
Hoosick Street Commerce
HPD
Hoosick Street Professional
Hoosick Street Overlay

§ 285-49 Zoning Map.

A. 
The locations and boundaries of the zoning districts hereby established are shown on a map entitled "Zoning Map of the City of Troy, New York, Dated the 7th Day of October, 1988," as amended effective January 1, 2010. This zoning map and all notations, references, and other information shown thereon accompanies this chapter as Appendix D[1].
[1]
Editor's Note: On file in the City Clerk's office.
B. 
The City Council shall cause to be delineated on the Zoning Map by the Department of Planning and Community Development all amendments to the district boundaries which are authorized by ordinance, immediately upon the effective date of such ordinance. The title and date of the ordinance are to be stated in the ordinance.

§ 285-50 Boundary interpretation.

[Amended 10-4-1990]
Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply:
A. 
District boundary lines are intended to follow center lines of streets or alleys, rights-of-way, watercourses or lot lines, or be parallel or perpendicular thereto, unless such boundary lines are fixed by dimensions as shown on the Zoning Map, except in the instance of waterways within the Conservation Zone where the boundaries are intended to be the one-hundred-year floodplain.
B. 
Where such boundaries appear to follow lot lines, such lot lines shall be construed to be such boundaries.
C. 
Where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the Zoning Map, shall be determined by the Director by the use of the scale appearing thereon, after accurate placement of the lot on the Zoning Map is determined to ensure accurate measurements by the use of the scale.
D. 
District boundary lines of the Conservation Zone where the boundary defines a City park are intended to be the extent of the legally established park land.
E. 
District boundary lines of the Conservation Zone where the boundary defines a cemetery are intended to be the extent of land holdings of said cemetery.
F. 
After the application of the foregoing rules, if uncertainty exists as to the exact location of a district boundary, the Board of Appeals shall determine and fix the location of said line, at the request of the Director.
G. 
Where a district boundary line divides a lot of record, held in one ownership at the time of adoption of said district line, the regulation for the less restricted portion of such lot may, at the owner's option, apply to the remainder of said lot up to a distance of not more than 100 feet from said district line, except as provided below. If after applying this one-hundred-foot rule, more than 70% of the lot area is in the less restrictive district, the entire lot may, at the owner's option, be considered to be in the less restrictive district. In no instance shall the boundary of the INST Zone be extended under this subsection to within 100 feet of any lot line in any residential zone.
H. 
Any land hereafter annexed to or consolidated with the City of Troy shall be deemed to be zoned in the most restrictive residence district (R-1) until said land is reclassified by an amendment to this chapter.

§ 285-51 Application of regulations.

[Amended 12-3-2009 by L.L. No. 4-2009]
Except as hereinafter provided:
A. 
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.
B. 
No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupancy of 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.
C. 
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.
D. 
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. If already less than the minimum required under this chapter, said area, dimension or capacity shall not be further reduced, and any new construction shall meet the minimum requirements of this chapter.
E. 
Area requirements such as setbacks, lot coverage, building height, lot area, and lot width shall be applied to new construction only. Existing structures with or without a change of use do not have to meet area requirements of the zone district. New construction shall mean to include increasing the number of dwelling units in any existing building.
F. 
No dwelling residences or dwelling units occupied as a community residential facility or congregate living facility shall exceed the ratio of 100 square feet of total sleeping unit area per 500 square feet of total floor area.
G. 
The Director of Code Enforcement may not alter, waive or interpret any specific uses or requirements of §§ 285-52 through § 285-67 unless as provided in § 285-16D, E and F.

§ 285-52 R-1 Single-Family Residential Detached.

A. 
Philosophy. This District is designed to preserve and extend existing single-family detached home neighborhoods. The intent is to provide for larger-scale urban lots, spacious living units, wide streets and, where economically practical, sidewalks in a low-density setting.
B. 
Allowed uses:
(1) 
Detached single-family residences.
(2) 
Open spaces.
(3) 
Home occupations.
(4) 
Accessory structures incidental to allowed uses (1), (2) (including private garages, carports, toolsheds, and swimming pools).
C. 
Special permit uses:
(1) 
Churches.
(2) 
Nonpublic elementary and secondary schools.
D. 
Lot characteristics:
(1) 
Minimum lot area: 7,200 square feet.
(2) 
Minimum lot width: 70 feet at front building line.
(3) 
Minimum setbacks:
(a) 
Front: 25 feet
(b) 
Rear: 30 feet
(c) 
Sides: 10 feet each or 20 feet on one side, if zero lot line design.
(4) 
Maximum lot coverage: 40%.
(5) 
Maximum density: 5.5 units per acre.
E. 
Building height: 25 feet.
F. 
Off-street parking:
(1) 
Single-family: two spaces per unit.
(2) 
Home occupation: two spaces.
(3) 
Other uses: See parking schedule, § 285-91.

§ 285-53 R-2 Two-Family Residential.

A. 
Philosophy. This District is designed to maintain the integrity of existing traditional two-family unit residential neighborhoods and to encourage the construction of duplex units either as infill housing or on a larger scale at a low-to-medium density.
B. 
Allowed uses:
(1) 
All uses allowed in an R-1 Zone.
(2) 
Two-family residence.
(3) 
Community garden.
(4) 
Community residential facility.
[Added 12-3-2009 by L.L. No. 4-2009]
(5) 
Congregate living facility.
[Added 12-3-2009 by L.L. No. 4-2009]
(6) 
Rooming house.
[Added 12-3-2009 by L.L. No. 4-2009]
C. 
Special permit uses:
[Amended 12-3-2009 by L.L. No. 4-2009]
(1) 
Uses requiring a special permit in R-1 Zones.
D. 
Lot characteristics:
(1) 
Minimum lot area:
(a) 
Single-family detached: 5,800 square feet.
(b) 
Two-family: 3,500 square feet per unit.
(2) 
Minimum lot width at front building line: 50 feet.
(3) 
Minimum setbacks:
(a) 
Front: 20 feet.
(b) 
Rear: 30 feet.
(c) 
Sides: five feet each side or 10 feet on one side, if zero lot line design.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum density:
(a) 
Single-family detached: 7.5 units per acre.
(b) 
Two-family: 12 units per acre.
E. 
Maximum building height: 35 feet.
F. 
Off-street parking:
(1) 
Single-family detached: two spaces per unit.
(2) 
Two-family, duplex: two spaces per unit.
(3) 
Home occupation: two spaces.
(4) 
Other uses: See parking schedule, § 285-91.

§ 285-54 R-3 Multiple-Family Residential, Medium-Density.

A. 
Philosophy: This District allows for the transition from lower-density, large-lot one- and two-family residences to medium-density, multifamily residences of various types. The intent of these regulations is to provide for the orderly development of new low-rise apartment units and townhouses while maintaining the integrity of existing, stable neighborhoods. Additionally, limited professional and existing home occupation uses will be permitted within the scale of existing immediately adjacent neighborhoods.
B. 
Allowed uses:
(1) 
Uses allowed in R-2 Zone.
(2) 
Multifamily, low-rise, medium-density apartment house.
(3) 
Multifamily, low-rise, medium-density townhouse.
(4) 
Single-family attached and semi-attached.
C. 
Special permit uses:
(1) 
Uses requiring a special permit in R-2 Zones.
(2) 
Funeral parlors.
(3) 
Professional offices for no more than four professionals, conducting business collectively or individually and not employing more than 1.25 persons each.
(4) 
Business offices for no more than five employees.
(5) 
Off-street parking lots as principal use.
(6) 
Expansion of nonconforming uses.
(7) 
Community residential facilities.
D. 
Lot characteristics:
(1) 
Minimum lot area:
(a) 
Single-family detached: 5,000 square feet.
(b) 
Two-family: 2,500 square feet per unit.
(c) 
Other residential: 2,500 square feet per unit.
(2) 
Minimum lot width at front building line:
(a) 
Single-family detached, two-family: 40 feet.
(b) 
Other residential: 15 feet per unit with a minimum lot width at the front building line of 60 feet.
(3) 
Minimum setbacks:
(a) 
Front: 15 feet.
(b) 
Rear: 20 feet.
(c) 
Sides: 10 feet total.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum density:
(a) 
Single-family detached: 10.5 units per acre.
(b) 
Other residential types: 21.5 units per acre.
E. 
Maximum building height: 35 feet.
F. 
Off-street parking:
(1) 
Single-family detached: two spaces per unit.
(2) 
Other residential types:
(a) 
New construction: two spaces per unit.
(b) 
Rehabilitation: one space per existing unit.
(3) 
Home occupation: two spaces.
(4) 
Other uses: See parking schedule, § 285-91.

§ 285-55 R-4 Urban Neighborhood Residential, Medium- to High-Density.

A. 
Philosophy: This District is designed to continue the stabilization and upgrading of the City's oldest and most well-established neighborhoods. Recognizing the unique problems of mixed land use patterns and the need to accommodate traffic flow and parking within an urban street system designed prior to the widespread use of automobiles, the regulations for this Zone district are designed to maintain existing housing densities.
B. 
Allowed uses:
(1) 
Uses allowed in R-3 Zone.
(2) 
Multifamily, medium-rise, high-density residences.
(3) 
Neighborhood commercial establishments specifically designed to provide daily customer services to the residents of the immediate surrounding residential neighborhood. Such uses shall be conducted only for the first or lower floor (including storage) of the principal building on the lot. (See allowed uses in B-1 Zone.) Restaurants are excluded from this category.
(4) 
Bed-and-breakfast.
(5) 
Community residential facilities.
C. 
Special permit use:
(1) 
Uses requiring a special permit in R-3 Zones exclusive of bed-and-breakfast.
(2) 
Membership clubs.
(3) 
Expansion of nonconforming uses.
(4) 
Restaurants that can accommodate no more than 25 customers at one time.
D. 
Lot characteristics:
(1) 
Minimum lot area:
(a) 
All residences: 1,000 square feet per unit.
(b) 
Neighborhood commercial: 4,000 square feet.
(2) 
Minimum lot width at front building line:
(a) 
All residences: 15 feet per unit.
(b) 
Neighborhood commercial: 40 feet.
(3) 
Minimum setbacks:
(a) 
Front: 10 feet.
(b) 
Rear: 20 feet.
(c) 
Sides: 10 feet total of both sides.
(4) 
Maximum lot coverage: 60%; minimum green space: 25%.
(5) 
Maximum density: 40 units per acre.
E. 
Maximum building height: 40 feet to 60 feet.
F. 
Off-street parking:
(1) 
Residential:
(a) 
New construction: two spaces per unit.
(b) 
Rehabilitation: one space per existing unit.
(2) 
Home occupations: two spaces.
(3) 
Other uses: See parking schedule, § 285-91.

§ 285-56 R-5 High-Rise Residential, High-Density.

A. 
Philosophy. This District is designed to accommodate construction of high-rise, high-density residential buildings. Within these structures, complementary professional, health-related, institutional/and commercial uses are encouraged.
B. 
Allowed uses:
(1) 
Multifamily, medium-rise multiplex.
(2) 
Multifamily, multiuse, medium-rise residences.
(3) 
Multifamily, high-rise residences.
(4) 
Multifamily, multiuse, high-rise residences.
(5) 
Professional offices as part of multiuse structure.
(6) 
Business offices as part of multiuse structures.
(7) 
Off-street parking lots as principal use.
(8) 
Health-related facility, nonintensive.
C. 
Special permit use:
(1) 
Hotel, motels.
(2) 
Indoor commercial recreation facility, including theaters.
(3) 
Child-care facility.
(4) 
Professional office buildings (freestanding).
(5) 
Health-related facilities, intensive.
(6) 
Colleges and universities.
(7) 
Expansion of nonconforming uses.
D. 
Lot characteristics.
(1) 
Minimum lot area: None.
(2) 
Minimum lot width at front building line: None.
(3) 
Minimum setbacks:
(a) 
Medium-rise uses:
[1] 
Front: 10 feet.
[2] 
Rear: 40 feet.
[3] 
Sides: 30 feet total, at least 10 feet each side.
(b) 
High-rise uses:
[1] 
Front: 50 feet.
[2] 
Rear: 60 feet.
[3] 
Sides: 30 feet each side.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum density:
(a) 
Medium-rise uses: 60 units per acre.
(b) 
High-rise uses: 120 units per acre.
E. 
Maximum building heights:
(1) 
Medium-rise: 90 feet
(2) 
High-rise: 150 feet.
F. 
Off-street parking:
(1) 
Medium-rise: one space per unit plus one space for each 200 square feet of nonresidential floor area.
(2) 
High-rise: one space per unit plus one space for each 200 square feet of non-residential floor area.

§ 285-57 P Planned Development.

A. 
Philosophy. This District is designed to maximize choice in the types of environment, housing, densities, occupancy tenure, lot sizes, community facilities, usable open space and recreational areas within a large parcel of land in which a planned mix of residential uses is proposed. The intent of this District is to foster a creative and efficient use of land resulting in small networks of utilities and streets, the preservation of existing natural resources, and a development pattern consistent with community needs and standards.
B. 
Allowed uses. Dwelling units, detached, semidetached, attached or a combination thereof, whether single-family, duplex, multiplex, condominium or low-rise multifamily. Recreational facilities expressly designed for use by occupants of the above cited dwelling units.
C. 
Special permit uses: None.
D. 
Overall residential density. Not to exceed eight units per acre.
E. 
Lot characteristics by residential use:
(1) 
Single-family detached:
(a) 
Minimum lot area: 5,800 square feet.
(b) 
Minimum lot width at front building line: 40 feet.
(c) 
Minimum setbacks:
[1] 
Front: 20 feet.
[2] 
Rear: 30 feet.
[3] 
Sides: five feet each side or a total of 10 feet on one side, if zero lot line design.
(d) 
Maximum building height: 30 feet.
(e) 
Maximum lot coverage: 50%.
(f) 
Maximum density: six units per acre.
(g) 
Off-street parking: two spaces per unit.
(2) 
Two-family:
(a) 
Minimum lot area: 3,000 square feet (per unit).
(b) 
Minimum lot width at front building line: 40 feet.
(c) 
Minimum setbacks:
[1] 
Front: 15 feet.
[2] 
Rear: 20 feet.
[3] 
Sides: five feet on each side or a total of 10 feet on one side, if zero lot line design.
(d) 
Maximum lot coverage: 50%.
(e) 
Maximum density: 14 units per acre.
(f) 
Maximum building height: 35 feet.
(g) 
Off-street parking: two spaces per unit.
(3) 
Other residential:
(a) 
Minimum lot area: 2,500 square feet per unit.
(b) 
Minimum lot width at front building line: 20 feet per unit.
(c) 
Minimum setbacks:
[1] 
Front: 25 feet.
[2] 
Rear: 20 feet.
[3] 
Sides: 10 feet total.
(d) 
Maximum lot coverage: 60%.
(e) 
Maximum density: 21.5 units per acre.
(f) 
Maximum building height: 40 feet.
(g) 
Off-street parking: two spaces per unit. See § 285-86 for additional regulations.
F. 
Lot characteristics for recreational facilities:
(1) 
Minimum lot area: 10,000 square feet.
(2) 
Minimum lot width at front of building line: 50 feet.
(3) 
Minimum setbacks:
(a) 
Front: 20 feet.
(b) 
Rear: 35 feet.
(c) 
Sides: 10 feet each side.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum building height: 25 feet.
(6) 
Off-street parking: See parking schedule, § 285-91.
G. 
Common property. Common property shall be a parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the residents of the community. When common property exists, the ownership of such common property may be either public, community, private or any combination thereof. When common property exists, arrangements satisfactory to the Commission must be made for the improvement, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open space areas. The Commission shall retain the right to review and approve the articles of incorporation and charter of any association which will own or manage any common property within the district and to require whatever conditions it deems necessary to ensure that the intent and purpose of this chapter is carried out.
H. 
Review standards. In acting on site plans, the Commission shall take into consideration the objectives, guidelines and conditions of this chapter and shall be further guided by the following standards, which shall not, however, be considered firm requirements and which may be varied by the Commission.
(1) 
To the extent feasible, at least 10% of the total number of dwellings within this District should be in single-family detached structures.
(2) 
Building height, size and design shall be appropriate to the location within the district where proposed and shall further be appropriate to the overall development plan of the district.
(3) 
There shall be off-street parking facilities which shall be adequate for the particular development, as determined by the Commission. In no cases shall campers, boats and other recreational vehicles be stored in other than screened or enclosed structures.
(4) 
Landscaped open spaces or open areas left in their natural state should be provided at a ratio of not less than 1,000 square feet of open space for every dwelling unit.
(5) 
A buffer strip of adequate width should be provided, where appropriate, between residential and nonresidential areas and between residential areas and state and county roads. Said buffer strip may be created by utilizing suitably landscaped green areas, by design, configuration and location of particular buildings, or by an other method meeting the approval of the Commission. No parking shall be permitted as a buffer area.
(6) 
Where feasible, natural features such as streams, rocks, outcrops, topsoil, trees and shrubs shall be preserved and incorporated in the landscape of the development.
(7) 
To improve the quality of the environment and to reduce inconvenience during bad weather, the underground installation of electrical and telephone equipment shall be required where feasible.
I. 
Construction time limitations. If, after the passage of 24 months from the date of approval of said project, construction has not substantially commenced, the approval may be revoked by vote of the Commission.
J. 
Staging:
(1) 
It is anticipated that the developer will stage development within this District, and said developer may submit in detail those stages he/she wishes to develop for site plan approval in accordance with a staging plan. Such plan must be submitted and approved for each stage of development, in accordance with the procedures established within this chapter.
(2) 
The developers shall present annually to the Commission a master plan showing existing development and the projected development for the succeeding three years, together with an analysis of the long-term projected conformance with land use ratios and the other requirements of this chapter.
(3) 
At no time in the development of this District shall the ratio of nonresidential to residential development be unnecessarily excessive.
K. 
Petition for revision of approved plan. At any time following approval of site plans, including the issuance of permits for any part thereof, the applicant may petition for review in detail the previously approved plan, stating his/her reasons therefor. Such reasons may be based upon such considerations as, but shall not be limited to, changing social or economic conditions, suggested improvement to layout or design features, or unforeseen difficulties or advantages such as site conditions, state or federal projects, or statutory changes, which may mutually affect the interest of the applicant and the City wherein the property is located. The Commission, upon finding that such petition and reasons are reasonable and valid, and provided that such revisions do not alter the concept of the plan as previously approved, may reconsider the design of all or a portion of the site plan.
L. 
Improvements or performance guarantees. As a condition of final approval of site plans, the Commission may require the applicant to install all site improvements or to post adequate performance guarantees to ensure the installation of said improvements in an amount sufficient to cover the cost of all such improvements. Said performance guarantee may be in the form of a performance bond, which shall be issued by a bonding surety company approved by the City, or certified check, and should include an agreed upon date for the completion of such improvements and should be for a period of time determined by the Commission. The amount of the performance guarantee may be reduced by the Commission when portions of the required improvements have been completed. If no such bond or performance guarantee is posted, the approval or application shall be a nullity.
M. 
Procedure. The procedure for approvals of developments within this Zone district vary from standard practice to enable all parties to understand from the beginning of the process the overall dimensions and impact of the proposed project.
(1) 
Submission of a planned development concept plan to the Department of Planning and Community Development.
(2) 
Determination by planning staff as to SEQRA status.
(3) 
Meeting between developer and appropriate City staff to review and discuss concept plan.
(4) 
Submit concept plan to the Commission for initial review and comment. If the project also constitutes a subdivision, the developer is encouraged to submit plans for preliminary subdivision review simultaneously.
(5) 
Upon completion of required SEQRA, if necessary, the Commission shall consider the concept plan (preliminary subdivision) and conduct a nonbinding vote to provide the developer with directions for preparing final submission.
(6) 
Site plan and final subdivision reviews are begun as per this chapter and Chapter 72, Planning Board, of this Code.
N. 
Concept plan:
(1) 
The concept plan is intended to provide all bodies and individuals responsible for review and approval of the project with a comprehensive view of the potential impact of the entire property in question fully built out.
(2) 
Elements:
(a) 
Site location:
[1] 
Within the immediately adjacent area; and
[2] 
Within the City as a whole.
(b) 
Proposed housing mix:
[1] 
Type;
[2] 
Density;
[3] 
Units by type; and
[4] 
Design.
(c) 
Areas set aside for parking and proposed number of spaces by housing type and proposed total number of parking spaces.
(d) 
Access/egress points.
(e) 
Initial circulation patterns.
(f) 
Designated open space by location and acres.
(g) 
Designated buffer area.
(h) 
Staging.
O. 
Signs: See § 285-108.

§ 285-58 B-1 Neighborhood Commercial.

A. 
Philosophy. This District is designed to enable the continuation and new development of low-intensity retail and professional land uses that meet the daily needs of an adjacent residential neighborhood. All uses, except for parking and unloading, must be conducted within the principal building.
B. 
Allowed uses:
(1) 
Restaurants with seating that can accommodate no more than 25 customers at one time.
(2) 
Professional offices for no more than two practicing professionals per principal structure.
(3) 
Child-care facilities.
(4) 
Tailor shops, shoe sales and repair shops, barber shops, beauty shops, photographic studios, laundromats, florist shops.
(5) 
Grocery stores, pharmacies, bakeries.
(6) 
Business offices for no more than three employees.
(7) 
Residences above the first floor in the principal structure on the lot.
C. 
Special permit uses:
(1) 
Restaurants with seating for more than 25 customers at one time or requiring a lot larger than 8,000 square feet in area.
(2) 
Taverns.
(3) 
Membership clubs.
(4) 
Funeral parlors.
(5) 
Bed-and-breakfasts.
(6) 
Enlargement of nonconforming uses.
(7) 
Residences below the second floor of the principal structure on the lot.
D. 
Lot characteristics:
(1) 
Maximum (note: maximum) lot area: 12,000 square feet.
(2) 
Minimum lot width at front building line: 25 feet.
(3) 
Minimum setbacks:
(a) 
Front: 10 feet.
(b) 
Rear: 40 feet.
(c) 
Side(s): 10 feet total of both sides.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum density: Not applicable.
E. 
Maximum building height: 40 feet.
F. 
Off-street parking: See parking schedule, § 285-91. All residences use schedule for R-4 Zone.

§ 285-59 B-2 Community Commercial.

A. 
Philosophy. This District is designed to accommodate those commercial users which predominantly serve a market broader than an individual neighborhood and by their nature must be primarily accessed by automobile. The intensity and nature of these uses are such that they are the predominant land uses and make them inappropriate in residential districts.
B. 
Allowed uses:
(1) 
All uses allowed in the B-1 Zone with the following additions:
(a) 
Restaurants with seating that can accommodate no more than 50 customers at one time; and
(b) 
Professional offices for no more than 10 professionals, conducting business collectively or individually and not employing more than 1.25 persons each.
(2) 
Retail home furnishings stores.
(3) 
Liquor stores, video rental stores, sporting goods stores, auto supply stores, clothing stores, hobby shops.
(4) 
Branch banks.
(5) 
Health-related facilities, nonintensive.
(6) 
Business offices for no more than 10 employees.
(7) 
Studio.
C. 
Special permit uses:
(1) 
Uses requiring a special permit in a B-1 Zone.
(2) 
Gasoline filling stations and auto service stations.
(3) 
Enlargement of nonconforming uses.
(4) 
Community residential facilities.
D. 
Lot characteristics:
(1) 
Maximum (note: maximum) lot area: 20,000 square feet.
(2) 
Minimum lot width at front of building line: 40 feet.
(3) 
Minimum setbacks:
(a) 
Front: 10 feet.
(b) 
Rear: 40 feet.
(c) 
Side(s): 10 feet total of both sides.
(4) 
Maximum lot coverage: 60%.
(5) 
Maximum density: Not applicable.
E. 
Maximum building height: 40 feet.
F. 
Off-street parking: See parking schedule, § 285-91. All residences use schedule for R-4 Zone.

§ 285-60 B-3 Shopping Center Commercial.

A. 
Philosophy. This District is designed to accommodate nodes of commercial activity that draw from a market area predominantly outside surrounding groups of neighborhoods. At least one enterprise within such a node must have a floor area of at least 10,000 square feet.
B. 
Allowed uses:
(1) 
All uses allowed in the B-2 Zone with the following additions:
(a) 
Restaurants, taverns and nightclubs, without regard to seating capacity; and
(b) 
Professional and business offices without regard to number of professionals and employees.
(2) 
Indoor theaters.
(3) 
Department stores, catalog sales stores.
(4) 
Indoor commercial recreation facilities.
(5) 
Factory outlets without on-site manufacturing.
(6) 
Vocational and trade schools.
C. 
Special permit uses:
(1) 
Uses requiring a special permit in the B-2 Zone with the exception of bed-and-breakfasts;
(2) 
Freestanding branch banks; and
(3) 
Expansion of nonconforming uses.
D. 
Lot characteristics:
(1) 
Minimum lot area: 25,000 square feet.
(2) 
Minimum lot width along property line and at front building line: 150 feet.
(3) 
Minimum setbacks:
(a) 
Front: 100 feet.
(b) 
Rear: 50 feet.
(c) 
Side: 50 feet each side.
(4) 
Maximum lot coverage: 35%.
(5) 
Minimum buffer treatment: A continuous two-row, living evergreen hedge at least six feet in height shall be planted parallel to and within 20 feet from any B-3 use or any improved B-3 district property line or boundary line that abuts a residential use property line or a residential district boundary. This requirement is a minimum and may be augmented by the Planning Board. If such a buffer is not maintained in a living condition, the Director may rescind the certificates of occupancy for all uses within a noncompliant shopping center unit. The only relief from this requirement will be a written request by any adjacent residential property owner that such a border not be placed along that individual owner's property line. (See § 285-72.)
E. 
Maximum building height: 40 feet.
F. 
Off-street parking: See parking schedule, § 285-91.

§ 285-61 B-4 Central Commercial.

[Amended 5-7-2015 by Ord. No. 49]
A. 
Philosophy. This District is designed to encompass the City's Central Business District. As such, this District is designed to encourage a wide variety of mixed land uses, including but not necessarily limited to commercial, professional office, entertainment service, medium- to high-density housing and governmental activities.
B. 
Allowed uses:
(1) 
All uses allowed in the B-3 Zone.
(2) 
Hotels, motels.
(3) 
Financial institutions.
(4) 
All residential uses allowed in the R-5 Zone.
(5) 
Commercial and academic research and development facilities.
(6) 
Transportation terminals; taxi stands.
(7) 
Off-street parking lots and garages.
(8) 
Broadcast and telecommunications facilities.
(9) 
Printing and publishing establishments.
(10) 
Assembly and packaging operations of precision instruments, electronic instruments, confections and novelties.
(11) 
Health-related facilities, nonintensive.
(12) 
Libraries.
C. 
Special permit uses:
(1) 
Uses requiring a special permit in the B-3 Zone.
(2) 
Churches.
(3) 
College and university facilities exclusive of fraternities and sororities.
(4) 
Banquet facilities.
(5) 
Car washes.
(6) 
Warehousing and trucking terminals.
D. 
Lot characteristics:
(1) 
Minimum lot area: None.
(2) 
Minimum lot width: None.
(3) 
Minimum setbacks:
(a) 
Front: None.
(b) 
Rear: 20 feet (unless interior loading space is provided).
(c) 
Sides: None.
(4) 
Maximum lot coverage: 80%; unless interior loading space is provided, then 100%.
(5) 
Maximum density:
(a) 
High-rise residential: 120 units per acre.
(b) 
Medium-rise residential: 80 units per acre.
(c) 
Other uses: None.
E. 
Building height:
(1) 
High-rise residential: 150 feet.
(2) 
Other uses: 80 feet.
F. 
Off-street parking: None required.
G. 
Off-street loading: See §§ 285-83 and 285-84.
H. 
Existing structures with change of use, substantial rehabilitation or addition: Access to an existing or proposed private or public alley must be provided at street level. Such accessway shall be of sufficient size to permit orderly, rapid and efficient movement of merchandise being loaded or unloaded.

§ 285-62 B-5 Highway Commercial.

A. 
Philosophy. This District is designed to accommodate a heavy concentration of retail/wholesale trade, warehousing and assemblage uses which require ease of access to major transportation routes.
B. 
Allowed uses:
(1) 
All uses allowed in the B-3 Zone.
(2) 
Hotels, motels.
(3) 
Commercial and academic research and development facilities.
(4) 
Transportation terminals, taxi stands.
(5) 
Printing and publishing establishments.
(6) 
Assembly, packaging, storage and distribution of products and equipment.
(7) 
Telecommunications facilities.
(8) 
Public utilities.
(9) 
Health-related facilities, nonintensive and intensive.
(10) 
Banquet facilities.
(11) 
Fraternities and sororities.
(12) 
Auto body shops.
(13) 
Repair, storage and sales of heavy equipment, automobiles, building materials, monuments.
(14) 
Light manufacturing uses, including precision instruments and electronics.
(15) 
Wholesale sales.
(16) 
Membership clubs.
(17) 
Off-street parking lots as principal use.
C. 
Special permit uses:
(1) 
Uses requiring a special permit in the B-4 Zone with the exception of banquet facilities.
(2) 
Dairy processing and distribution centers.
(3) 
Breweries and distilleries.
(4) 
Expansion of nonconforming uses.
D. 
Lot characteristics:
(1) 
All uses except fraternities and sororities:
(a) 
Minimum lot area: 15,000 square feet.
(b) 
Minimum lot width: 100 feet.
(c) 
Minimum building length: 80 feet.
(d) 
Minimum setbacks:
[1] 
Front: 10 feet.
[2] 
Rear: 40 feet.
[3] 
Sides: 10 feet total.
(e) 
Maximum lot coverage: 60%.
(f) 
Maximum density: Not applicable.
(g) 
Maximum building height: 35 feet.
(h) 
Off-street parking: See parking schedule, § 285-91.
(i) 
Off-street loading: See §§ 285-83 and 285-84.
(j) 
Minimum green space and screening per the following: At least 15% of any nonresidential property in this Zone shall be maintained as green space and shall at a minimum be planted with grass seed and maintained on a continuing basis. Adjacent to a residential zone, this shall be either a solid fence at least five feet high or continuous evergreen shrubbery at least three feet in width and at least four feet high along said property line.
(2) 
Fraternities and sororities:
(a) 
Minimum lot area: 8,000 square feet.
(b) 
Minimum lot width: 70 feet.
(c) 
Minimum setbacks:
[1] 
Front: 25 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 10 feet each side.
(d) 
Maximum lot coverage: 60%.
(e) 
Minimum green space: 10%.
(f) 
Building height: 40 feet.
(g) 
Off-street parking: See parking schedule, § 285-91.

§ 285-63 BP Business Park.

A. 
Philosophy. This District is designed to encourage the development of small- to medium-sized environmentally clean light industrial and office facilities within a fully planned suburban business park setting. The intent of this District is to foster a creative and efficient use of land resulting in small networks of streets and utilities, a single access/egress to the main highway system, the preservation of existing natural resources, and a pattern of development which is buffered from adjacent residential uses.
B. 
Allowed uses:
(1) 
Assemblage and manufacturing of microelectronics, electronic instruments, precision tools and instruments, office equipment and business machines.
(2) 
Commercial research and development facilities.
(3) 
Business and professional offices.
(4) 
Financial institutions.
(5) 
Telecommunications facilities.
(6) 
Service and repair of business, electronic and precision instruments.
(7) 
Parking structures, as part of another allowed or special permit use.
C. 
Special permit uses:
(1) 
General merchandise store under 3,500 square feet ,as part of an office building.
(2) 
Commercial recreation facility, as part of an office building.
(3) 
Restaurant under 3,000 square feet, as part of an office building.
D. 
Lot characteristics:
(1) 
Minimum lot area: two acres.
(2) 
Minimum lot width: 50 feet at front property line.
(3) 
Minimum setbacks:
(a) 
Front: 50 feet.
(b) 
Rear: 50 feet.
(c) 
Sides: 75 feet total; minimum one side: 25 feet.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum density: none.
E. 
Building height: 65 feet, plus mechanicals.
F. 
Off-street parking and loading. See Article VI of this chapter.
G. 
Buffer area. Adjacent to residential districts, a minimum of 50 feet of natural vegetation at least five feet high must be provided and maintained, In addition, all structures and parking lots must meet the requirements of § 285-72.
H. 
Green space. A minimum 25% of lot area shall contain living vegetation.

§ 285-64 IND Industrial.

A. 
Philosophy. This District is designed to provide for the retention and expansion of existing industrial facilities and to promote the development of new industries in a fashion that is nonintrusive and, where possible, complementary in relation to adjacent residential neighborhoods.
B. 
Allowed uses:
(1) 
Uses allowed in the B-5 Zone.
(2) 
Construction industry uses, including but not limited to contractors and special trade builders.
(3) 
Heavy industrial and manufacturing uses, including:
(a) 
Textile mill products manufacturing.
(b) 
Paper and allied products manufacturing.
(c) 
Chemical and allied products manufacturing.
(d) 
Petroleum refining and related industry.
(e) 
Rubber and plastic products manufacturing.
(f) 
Leather and leather products manufacturing.
(g) 
Stone, glass, clay, concrete, and asphalt base protective coatings products manufacturing.
(h) 
Primary metal manufacturing.
(i) 
Fabricated metal products manufacturing.
(j) 
Manufacture and assemblage of transporting, farming, gardening implements and related industry.
(k) 
Agri-business, including but not limited to grain milling and storage, breweries, distilleries, and meat processing, packing and distribution facilities.
(l) 
Paint manufacturing industries.
(m) 
All other manufacturing uses not included above.
C. 
Special permit uses:
(1) 
Membership clubs.
(2) 
Bulk fuel storage.
(3) 
Expansion of nonconforming uses.
D. 
Lot characteristics:
(1) 
Minimum lot area:
(a) 
Allowed and special permit uses: No minimum.
(b) 
Residential: Same as R-2 Zone.
(2) 
Minimum lot width at front of building line:
(a) 
Allowed and special permit uses: No minimum.
(b) 
Auto service stations and gasoline filling stations: 100 feet.
(c) 
Residential: Same as R-2 Zone.
(3) 
Minimum setbacks:
(a) 
Allowed and special permit uses:
[1] 
Front-rear combined: 45 feet with one no less than 10 feet; except, adjacent to riverfront: thirty-five-foot minimum.
[2] 
Side: 10 feet each.
(4) 
Maximum lot coverage: 65%.
(5) 
Maximum density:
(a) 
Allowed and special permit uses: No maximum.
(b) 
Residential: Same as R-2 Zone.
E. 
Maximum building height: 60 feet.
F. 
Off-street parking: See parking schedule, § 285-91.
G. 
Off-street loading: See §§ 285-83 and 285-84.
H. 
Minimum green space and screening. At least 15% of any nonresidential property in this Zone shall be maintained as green space and shall at a minimum be planted with grass seed and maintained on a continuing basis. Adjacent to a residential zone, there shall be either a solid fence at least five feet high or continuous evergreen shrubbery at least three feet in width and at least four feet high along said property line.

§ 285-65 CON Conservation.

A. 
Philosophy. This District is designed to ensure the continued protection of environmentally sensitive areas from intrusion by all but the lowest impact land uses.
B. 
Allowed uses:
(1) 
Parks and other publicly owned recreation facilities.
(2) 
Cemeteries and accessory structures.
(3) 
Public utilities.
(4) 
Community gardens.
(5) 
Wetlands and streams.
(6) 
Telecommunications facilities.
C. 
Special permit uses:
(1) 
Expansion of existing residential uses by no more than a total of 25%.
(2) 
Commercial uses incidental to and on site in parks and other publicly owned recreational facilities.
(3) 
Expansion of nonconforming uses.
D. 
Lot characteristics, structures:
(1) 
Minimum lot area: None.
(2) 
Minimum lot width: None.
(3) 
Minimum setbacks, structures:
(a) 
Front: 30 feet.
(b) 
Rear: 30 feet.
(c) 
Sides: 15 feet each.
(4) 
Maximum lot coverage, structures: 25%.
(5) 
Maximum density, structures: None.
(6) 
Building height: 30 feet.
(7) 
Building height, telecommunications facilities: 60 feet.
E. 
Off-street parking and loading: None required except in the case of the expansion of nonconforming uses. (See § 285-91.)
F. 
Lot characteristics, open spaces: None.

§ 285-66 INST Institutional.

[Amended 1-5-1989; 5-4-1989; 10-4-1990; 8-1-1991]
A. 
Philosophy: This District is designed to ensure the orderly continued development of health-related, educational and community services agencies in a fashion which is least intrusive upon and most complementary toward adjacent existing neighborhoods.
B. 
Allowed uses:
(1) 
Health-related facilities, intensive.
(2) 
Health-related facilities, nonintensive.
(3) 
Colleges and universities.
(4) 
Nonpublic elementary and secondary schools.
(5) 
Libraries.
(6) 
Not-for-profit cultural institutions.
(7) 
Churches.
(8) 
Telecommunications facilities.
(9) 
Residential uses allowed in the R-4 Zone.
(10) 
Fraternities and sororities.
(11) 
Congregate living facilities.
(12) 
Dormitories.
(13) 
Community gardens.
(14) 
Uses accessory to allowed uses.
C. 
Special permit uses:
(1) 
Professional office buildings, non-health-related.
(2) 
Independent research and development facilities.
(3) 
Expansion of nonconforming uses.
D. 
Lot characteristics, adjacent to rear lot lines of residential districts:
(1) 
Minimum lot area: 8,000 square feet.
(2) 
Minimum lot width: 70 feet at front property line.
(3) 
Minimum setbacks (applicant must designate that area adjacent to the rear lot line of the residential district as rear line):
(a) 
Front: 30 feet.
(b) 
Rear: 90 feet.
(c) 
Sides: 10 feet each.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum density: None.
E. 
Building height: 50 feet.
F. 
Off-street parking: See §§ 285-88 through 285-91.
G. 
Buffer area: See § 285-72.
H. 
Lot characteristics; adjacent to residential districts along a City right-of-way:
(1) 
Minimum lot area: 8,000 square feet.
(2) 
Minimum lot width: 70 feet at front property line.
(3) 
Minimum setbacks:
(a) 
Front: 40 feet.
(b) 
Rear: 20 feet.
(c) 
Sides: 10 feet each.
(4) 
Maximum lot coverage: 50%.
(5) 
Maximum density: None.
I. 
Building height: 50 feet.
J. 
Off-street parking: See parking schedule, §§ 285-88 and 285-91.
K. 
Buffer area: See § 285-72.
L. 
Lot characteristics, district interior: (Lots commencing at least 300 feet from an adjacent residential district.) All uses except residential and off-street parking lots:
(1) 
Minimum lot area: None.
(2) 
Minimum lot width: None.
(3) 
Minimum setbacks (from adjacent structures):
(a) 
Front: 20 feet.
(b) 
Rear: 20 feet.
(c) 
Sides: 10 feet each side.
(4) 
Maximum lot coverage: 90%.
(5) 
Maximum density: None.
M. 
Building height: 150 feet.
N. 
Off-street parking: See parking schedule, §§ 285-88 and 285-91.
O. 
Lot characteristics, district interior-residential:
(1) 
Minimum lot area:
(a) 
Dormitories: 10,000 square feet.
(b) 
Fraternities and sororities: 8,000 square feet.
(c) 
Community residential facilities: 8,000 square feet.
(d) 
Congregate living facilities: 8,000 square feet.
(e) 
All others: Same as R-4 district.
(2) 
Minimum lot width:
(a) 
Dormitories: 100 feet.
(b) 
Fraternities and sororities: 70 feet.
(c) 
Community residential facilities: 70 feet.
(d) 
Congregate living facilities: 70 feet.
(e) 
All others: Same as R-4 district.
(3) 
Minimum setbacks:
(a) 
Dormitories:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 10 each side.
(b) 
Fraternities, sororities, community residential facilities, congregate living facilities:
[1] 
Front: 25 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 10 each side.
(c) 
All others: Same as R-4 district.
(4) 
Maximum lot coverage:
(a) 
Dormitories: 80%; minimum green space, 10%.
(b) 
Fraternities, sororities, community residential facilities, congregate living facilities: 60%; minimum green space, 10%.
(c) 
All others: Same as R-4 district.
P. 
Building height:
(1) 
Dormitories: 70 feet.
(2) 
Fraternities, sororities, community residential facilities, congregate living facilities: 40 feet.
(3) 
All others except multifamily, medium-density residences: same as R-4.
(4) 
Multifamily medium-size residences: 70 feet.
Q. 
Off-street parking: See parking schedule, §§ 285-88 and 285-91.

§ 285-66.1 Waterfront Districts.

[Added 6-15-2004 by L.L. No. 8-2004]
A. 
Philosophy.
(1) 
Waterfront Mixed-Use District (WMD). The purpose of this District is to encourage the redevelopment of South Troy's northern waterfront as a mixture of uses that will contribute to the City's tax base, create jobs and integrate with the natural environment of the Hudson River, the downtown, the adjacent residential neighborhood and city bicycle/pedestrian trail systems. This shall be accomplished by providing zoning classification suitable for application to that portion of the waterfront where mixed uses, including recreation, public green space, professional offices, multifamily residential, research and development space, and limited retail and service-related commercial activity will be permitted. Permitted commercial uses will be limited to those uses that will not compete with downtown retail activity and will provide goods and services needed by the adjacent residential neighborhood and the employees and customers of businesses located on the waterfront.
(2) 
Waterfront Commercial District (WCD). The purpose of this District is to encourage the redevelopment of South Troy's central waterfront for a mixture of commercial and industrial uses that will contribute to the City's tax base, create jobs and are suited for integration with the natural environment of the Hudson River, the adjacent residential neighborhood and city bicycle/pedestrian trail systems. This shall be accomplished by providing zoning classification suitable for application to that portion of the waterfront where uses including recreation, green space, research and development activities and offices, light industry activity and limited retail will be permitted. Permitted retail uses will be limited to those uses that will not compete with downtown retail activity and will provide goods and services needed by the adjacent residential neighborhood and the employees and customers of businesses located on the waterfront.
(3) 
Waterfront Trade District (WTD). The purpose of this District is to continue to permit the location of important industrial uses predominantly located on the South Troy Waterfront by retaining and upgrading industry facilities, This area's location near major transportation routes eases transportation connections for businesses and removes heavy truck traffic from neighborhood streets. Access to the rail line and river for shipping purposes in this District also makes the South Troy waterfront attractive for industrial users. New buffering and design standards for new and relocating business will ensure greater compatibility of industrial users with the adjacent residential community and city bicycle/ pedestrian trail systems.
B. 
Definitions. The following definitions apply only to § 285-66.1, Waterfront Districts.
BOTTLE RECYCLING CENTER
A lot or parcel of land, with or without buildings, upon which used returnable and/or refundable beverage containers, not limited solely to bottles and may include cans and other materials, are separated, sorted, stored and or processed for shipment for eventual reuse in new products.
BUSINESS OFFICE
A room, wing or detached building housing the office of a service or sales agency, not engaged in the manufacture or sale of goods, and wherein no storage space for merchandise is permitted.
CULTURAL FACILITIES
Establishments utilized for the display of exhibits of historic, educational or cultural nature that are not operated commercially but may have an accessory retail component.
FINANCIAL INSTITUTIONS
A building or structure utilized for the direct transactional services to the public, including the maintenance of checking and savings accounts, certificates of deposits, etc., and the providing of a related incidental financial services associated with a bank.
HOTEL/INN
A building containing a single dwelling unit in which more than four sleeping rooms are provided by the owner/occupant for compensation for the accommodation of transient guests, with or without meals, and which may have a conference center as an accessory use.
LIGHT INDUSTRIAL
A facility that designs, assembles, or processes a product from previously prepared materials, of finished products or parts, for wholesale or retail sale and operates its uses within a building or buildings. The industry does not produce high volumes of polluting wastes and is compatible with other uses of the District.
MANUFACTURING
A use engaged in basic industrial processing, having potentially dangerous, hazardous or offensive methods, or engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
NEIGHBORHOOD RETAIL SERVICES
A limited retail or service business operating solely on the ground floor of a principal building with a footprint of no more than 2,500 square feet that provides goods and services to adjacent residential neighbors. Examples of neighborhood retail establishments are grocery stores, personal care services, laundromats, florists, pharmacies and bakeries.
PERSONAL CARE SERVICES
Establishments primarily engaged in providing services involving the care of a person such as beauty shops, barbershops, nail salons, shoe repair, other salons, and other similar uses in the care of a person.
RECREATIONAL FACILITIES, PUBLIC
Recreation facilities operated as a nonprofit enterprise by the City of Troy, any other governmental entity or any nonprofit organization and open to the general public.
RESEARCH AND DEVELOPMENT FACILITIES
A building or portion of a building in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for manufacturing or sales of products except as accessory use related to facilities.
RESTAURANT, FULL SERVICE
Any building, room, space or portion thereof where food is sold for consumption on the premises, customers are provided an individual menu, a restaurant employee serves the customers at the same table or counter where the items are consumed. A full service restaurant may provide "accessory" delivery service, take-out service (except drive-through facilities) and related retail sales items.
RESTAURANT, TAKE OUT
Any building, room, space, or portion thereof where food or beverage is sold for consumption on site or off premises within a short period of time, orders are made at either a walk-up window or counter, payment is made prior to consumption, and packaging of food is done in disposable containers, or is not a "full service restaurant." A take-out restaurant may provide "accessory" delivery service and related retail sales items, but no drive-through facility will be allowed.
TRUCKING TERMINAL
An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. The terminal facility may include storage areas for trucks and building or areas for the repair of trucks associated with the terminal.
WATER-DEPENDENT USES, COMMERCIAL/RECREATIONAL
Activities which require a location in, on, over, or adjacent to the water because the activities require access to water and the use of water is an integral part of the activity, excepting unloading and aggregate transshipping facilities. Allowed water-related uses include public and private marinas, commercial and recreational fishing facilities, boat repair, storage, and hauling facilities, tour boat and charter boat facilities, waterborne commerce, ferries, and marine educational and laboratory facilities.
WATER-DEPENDENT USE, INDUSTRIAL
Activities which require a location in, on, over, or adjacent to the water because the activities require access to water and the use of water is an integral part of the activity, unloading and aggregate transshipping facilities such as transferring freight between two modes of transport: from a truck to a railroad car or barge.
WAREHOUSING
A use engaged in storage distribution of manufactured products, supplies, and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions.
C. 
Allowed uses.
(1) 
Preexisting nonconforming uses (PNCU) status. All parcels affected by this zoning change will be afforded preexisting nonconforming use (PNCU) status. The PNCU shall be allowed to continue and all business operations approved for that parcel by the Director of Code Enforcement under the direction of Corporation Counsel, currently in operation, are allowed to continue those business operations. The PNCU status and the business operations thereon may continue so long as the business operations are uninterrupted and continuous. In the event any business and parcel enjoying a PNCU status ceases operation for 720 consecutive days, that business and parcel loses the PNCU status.
(2) 
Permitted uses and uses requiring a special use permit in Waterfront Districts are illustrated in the Primary Use Schedule Subsection C(4), except as otherwise described in Subsection B(2). Any use that is not permitted as of right or with a special use permit is a prohibited use.
(3) 
The following uses, when permitted in the Northern Waterfront District (WMD) pursuant to the Primary Use Schedule, are only permitted as part of a multi-use development on a lot(s) when the use occupies no more than 50% of the gross square footage of the total building structure for uses (a) through (e) below, and when the use occupies no more than 30% of the gross square footage of the total development site for use (f), multifamily dwellings. The remaining square footage shall be occupied by one or more of the other permitted uses pursuant to this section.
(a) 
Branch banks.
(b) 
Child care facilities.
(c) 
Cultural facilities.
(d) 
Restaurants, take-out.
(e) 
Neighborhood retail.
(f) 
Multi-family dwellings.
(4) 
Permitted accessory uses and structure:
(a) 
Living or residential quarters as an accessory use, including but not limited to security guards' quarters where such quarters are customarily provided for security and/or insurability of the premises and other residential uses directly related to the operation of the primary permitted use.
(b) 
Offices for executive, administrative, and professional uses directly related to the operation of the primary permitted use.
(c) 
Off-street parking or loading areas.
(d) 
On-site hazardous waste treatment and storage facilities.
(e) 
Storage sheds and tool sheds.
(5) 
Primary Use Schedule.
Primary Use
WMD
WCD
WTD
Bottle recycling center
NP
NP
P
Branch banks
P
P
NP
Business office
P
P
P
Child day-care center
P
NP
NP
Cultural facilities
P
P
NP
Dry cleaning, retail only
P
NP
NP
Financial institutions, excluding branch banks
P
P
NP
Hotels/inns
P
NP
NP
Light industry
NP
P
P
Manufacturing
NP
NP
P
Multifamily dwellings
P
NP
NP
Neighborhood retail
P
P
P
Open space/greenways
P
P
P
Parking lots or structures as separate, primary uses
NP
NP
P
Passenger transportation terminals, taxi stands, ferries
P
P
P
Personal care services
P
P
NP
Printing and publishing
NP
P
P
Professional office
P
P
P
Recreational facilities, public
P
P
P
Repairs, storage and sales of heavy equipment
NP
NP
P
Research and development facilities
P
P
NP
Restaurants, full-service
P
P
P
Restaurants, take-out
P
P
NP
Storage, indoor
NP
NP
P
Storage, outdoor
NP
NP
P
Tavern and bar
P
NP
NP
Train stations and bus stations
NP
P
P
Transshipping facilities, unloading and aggregate
NP
NP
P
Trucking terminal
NP
P
P
Warehousing
NP
NP
P
Water-dependent uses, commercial/ recreational
P
P
P
Water dependent uses, industrial
NP
NP
P
Wholesaling, distribution, and commodities
NP
P
P
P=Permitted NP= Not Permitted
D. 
Lot characteristics.
(1) 
Table of Lot Characteristics.
Lot Characteristics
Zone
Setbacks
Maximum Building Height
(feet)
Minimum Lot Area
Front Minimum
Front Maximum
(feet)
Rear Minimum (feet)
Side Minimum
(feet/ each)
Maximum Lot
Maximum Density
WMD
70
None
None
20
20
10
80%
None
WCD
70
None
None
20
20
10
80%
None
WTD
70
None
None
20
20
10
80%
None
(2) 
Height minimum: The minimum height for a principal building is the height of the immediately adjacent principal buildings or principal buildings within 20 feet of the side lot line. If the immediately adjacent buildings are of different heights, then the minimum height is the lesser height of the adjacent buildings. If there are no adjacent buildings within 20 feet of the lot line, the height minimum shall be in keeping with the height of the majority of the buildings on the street block.
(3) 
Height maximum: Maximum will be according to the lot characteristics table above, except when any building or part thereof is within 125 feet of the point of shoreline stabilization of the Hudson River or within 50 feet of an existing street, the height shall not exceed 35 feet.
E. 
Landscaping and buffering.
(1) 
Purpose. The landscaping regulations are intended to establish minimum requirements and standards for landscaping commercial and industrial sites in order to maintain and protect property values, enhance the general appearance of the City and provide the residents of the City with a sense of place. In general, these provisions ensure landscaping criteria that will curtail soil erosion, absorb carbon dioxide and supply oxygen; reduce the effects of noise, glare, dust, heat, and other objectionable activities generated by some land uses; buffer and screen adjacent properties; provide shade; and promote the pleasant appearance and character of neighborhoods and the City.
(2) 
General requirements. A landscaping plan shall be prepared describing how the requirements of this chapter will be met for any proposed commercial or industrial development with a new building or building expansion that amounts to or exceeds either 4,000 square feet or 25% of the assessed valuation of the existing building.
(3) 
Perimeter landscaping. Minimum planting requirements:
(a) 
To provide proper planting area, the minimum dimension of any required planting area must be no less than eight feet in width.
(b) 
At the time of planting, deciduous trees must be at least two inches in diameter measured six inches above the base, and coniferous trees must be at least six feet in height.
(c) 
Trees shall be any combination of deciduous and evergreen. One tree shall be provided for each 25 linear feet of landscaped area.
(d) 
Shrubs must be at least 18 inches in height at time of planting. Shrubs and ground cover should be planted so that they attain coverage of at least 75% of the planting area within four years.
(e) 
Any buffering free or shrub that has died during transplant or subsequently afterwards must be replaced.
(4) 
Outdoor storage buffers. A storage yard in connection with a permitted commercial or industrial use shall require visual screening from adjacent properties and public rights-of-way. Visual screening shall be required to consist of a continuous fence, wall, evergreen hedge, landscape planting or combination thereof so as to effectively screen the storage yard which it encloses and be maintained in good condition. In cases where the physical characteristics of the parcel or surrounding parcels make actual screening from adjacent properties impossible or unreasonable, this requirement may be completely or partially waived by the Zoning Board of Appeals after public hearing and review as required by the variance process.
(5) 
Fences.
(a) 
Fences may be erected to a maximum height of 10 feet. No barbed wire shall be permitted. All fences or walls hereafter erected that are more than eight feet in height shall be reviewed by the Planning Commission and shall be subject to all terms and conditions as required by the Planning Commission.
(b) 
Appearance. Fences shall be constructed of materials that are new or in good used condition and shall be maintained in a structurally sound and safe condition, in a plumb upright position, and free from excessive rust, peeling or faded, coatings and damaged or deteriorated components. Material of assemblies clearly not intended for use as fencing shall not be utilized. Traditional fencing materials such as painted picket fences, ornamental wrought iron-type fences, low hedges, or limestone retaining walls are permitted. Chain link fences and high opaque fences are prohibited in front yards and side yards visible from public right-of-way. Tall foundation plantings that obscure the waterfront are prohibited. Industrial uses will be exempt from the requirements set forth in the three preceding sentences.
F. 
Parking: The following parking requirements shall apply only to § 285-66.1 Waterfront Districts.
Assembly and packaging facilities
1.75 space for each 2 employees on the largest shift, with a minimum of 2 spaces
Branch banks, savings and loans, credit unions
4 spaces per 1,000 square feet
Child day-care center
1 space for each staff member plus 1 space per 10 children
Commercial or academic research and development facility
2.7 spaces per 1,000 square feet
Construction industry facility
1 space per employee
Financial Institutions not otherwise included in this schedule
3 spaces per 1,000 square feet gross floor area
Hotel
1 space for each room and 1 space per manager's unit
Manufacturing use
1.75 space for each 2 employees on the largest shift with a minimum of 2 spaces
Mini-storage facility
1 space for every 100 storage units and 2 spaces for permanent on-site managers, with a minimum of 3 spaces for all facilities, regardless of size
Mixed use
Shared or combined parking standards shall be used to calculate needed parking. This calculation is based upon the gross leasable area for each shop or business and does not include atriums, foyers, hallways, courts, maintenance areas, etc.
Neighborhood retail
50% requirement for retail uses in this Schedule
Offices, general
3 spaces per 1,000 square feet gross floor area
Printing and publishing
1.75 space for each 2 employees
Restaurant, excluding take-out only
12 spaces per 1,000 square feet
Restaurant, take-out only
1 space per 15 square feet
Retail use, including shopping centers
3.25 spaces per 1,000 square feet
Service businesses (e.g., salons, barbershops, dry cleaners, laundromat)
3.5 spaces per 1,000 square feet
Taverns, bars
12 spaces per 1,000 square feet
Trucking and transshipment facilities
1 space per 1,000 square feet
Warehouse
1 space per 1,000 square feet
Wholesale and distribution
1 spaces per 3,000 square feet

§ 285-66.2 Waterfront Overlay District.

[Added 6-15-2004 by L.L. No. 8-2004]
A. 
Philosophy. The purpose of the Overlay District is to allow additional protections to all waterfront districts when an alteration to existing conditions occurs. The Waterfront Overlay District provisions have the following purposes:
(1) 
To preserve natural, recreational, scenic and historic values along the City of Troy's Hudson River waterfront, Poestenkill Creek and Wynantskill Creek.
(2) 
To preserve, provide and enhance recreation areas and other green space.
(3) 
To provide a continuous bicycle/pedestrian trail along the Hudson River.
(4) 
To protect the public health and safety.
(5) 
To regulate uses and structures along the waterfront to avoid increased erosion and sedimentation,
(6) 
To recognize areas of significant environmental sensitivity that should not be intensely developed.
(7) 
To allow reasonable uses of land on the waterfront while directing more intensive and non-water-related development to the most appropriate areas of the community and region.
B. 
Definitions. The following definitions shall apply only to this section of this chapter.
ENCROACH
To permanently occupy space within the physical boundaries of (such as a wetland),
FLOODPLAIN
As defined in Article 36 of the Environmental Conservation Law or flood hazard areas as determined by the National Flood Insurance Agency.
FLOOD-RELATED
Any condition which can be attributed to the damage or occurrence of a flood or accidental inundation of water.
IMPERVIOUS SURFACE
Any nonporous area covered by a substance that does not, by its physical qualities, permit inundation by water, including but not limited to asphalt, slate, brick, aluminum, and concrete.
NONPOINT POLLUTION
Waterborne substances that can have adverse impacts on fish, wildlife, habitats, and water quality, that enter the groundwater via a diffuse number of points, possibly from the same source, as opposed to one particular point of entrance.
PHYSICAL OBSTACLE
Any structure or piece of structure that prevents visual or physical contact.
PIER
A structure that encroaches on a body of water specifically for the purpose of providing the general public with access for recreational fishing.
RIGHT-OF-WAY
A right belonging to a party to pass over land of another. It is only an easement, and grantee acquires only right to a reasonable and usual enjoyment thereof with owner of soil retaining rights and benefits of ownership.
SHORELINE
The point at which land and water meet as determined by the mean high-water mark of a body of water.
STORMWATER MANAGEMENT
The intentional containment, chemical treatment, or alteration of flow of water that results from precipitation specifically for the purpose of preventing flooding, erosion, or nonpoint pollution.
SUBSTANTIAL REHABILITATION
The investment of more than 50% of a structure's assessed value in repairs or improvements other than physical expansion.
WATER-DEPENDENT USES
Activities which require a location in, on, over, or adjacent to the water because the activities require direct access to water and the use of water is an integral part of the activity. Examples of water-dependent uses include public and private marinas, yacht clubs, boat yards, commercial and recreational fishing facilities, tour boat and charter boat facilities, unloading and aggregate transshipping facilities, waterborne commerce, ferries, marine educational or laboratory facilities, and water-related public and quasi-public utilities.
WATER-ENHANCED USES
Activities that do not require a location on or adjacent to the water to function, but whose location on the waterfront could add to the public enjoyment and use of the water's edge, if properly designed and sited. Water enhanced uses are generally of a recreational, cultural, commercial or retail nature.
C. 
Waterfront Overlay District boundaries. The Waterfront Overlay District boundary is defined on the official Zoning Map of the City of Troy.
D. 
Regulated uses:
(1) 
All actions that involve construction of a new structure, addition of more than 500 square feet of gross floor area to an existing structure, a change in use, alteration or construction of a sign, or substantial rehabilitation or facade alteration of an existing structure will be subject to this section.
(2) 
Development otherwise permitted in the underlying zone will be further regulated in accordance with the provisions of this article.
(a) 
Docks and piers. Access to the water from lots in any proposed subdivision shall be from a single common dock unless a single dock is considered infeasible, as determined by the Planning Board.
(b) 
Water-dependent uses. Any applicant proposing development adjacent to a water-dependent use will be required to notify the owner of the water-dependent use and submit his/her comments with the site plan, if comments were received. New development that permanently interferes with existing use of the water or will permanently inhibit the continued operation of a water-dependent use is prohibited.
(c) 
Water-enhanced uses. Any proposed water-enhanced use that will have a significant negative environmental or economic impact on existing water-dependent uses (more than one) will not be permitted.
(d) 
Marinas. All site plans for new marinas or expansion of existing ones must include a stormwater management plan signed and prepared by a New York State-licensed engineer, and must include a pump out.
E. 
Development standards. The following development standards will apply only to parcels partially or wholly within the Waterfront Overlay District and only to actions that involve construction of a new structure, addition of more than 500 square feet of gross floor area to an existing structure, a change in use, or substantial rehabilitation or facade alteration of an existing use.
(1) 
Hazards to water quality. No structure or building shall be used in such a way as to significantly threaten or cause significant pollution to the water quality of the Hudson River, Poestenkill Creek and Wynantskill Creek.
(2) 
Relation to water. Any use encroaching on water or that will exist permanently above water that is not water-dependent will not be permitted.
(3) 
Visual and physical access. Any new development that creates a visual or physical obstacle to public access, on land that was previously accessible to the public, will not be permitted or must mitigate the impact to ensure that physical and visual access is provided in another form.
(4) 
Building height. The height of proposed buildings will conform to those requirements set forth in the Subsection D of § 285-66.1 of this chapter.
(5) 
Riverfront setback. Setbacks shall meet the setbacks standards in Subsection D for the underlying base use district except for properties adjacent to the Hudson River, which shall have a setback of 50 feet from the top of the Hudson Riverbank, as defined by the Planning Board on a site-by-site basis.
(6) 
Building orientation. Primary structures shall be oriented toward the Hudson River as well as the street by providing windows, doorways and other architectural features on the riverfront side of buildings.
(7) 
New construction shall be related harmoniously to any immediately adjacent building with respect to architectural design and material.
(8) 
Transportation. All new development must be situated on a parcel and connected to infrastructure so as to ensure that it will be accessible by different forms of transportation. This includes pedestrian, bicycle, passenger vehicle, and public transportation such as bus or van. Sidewalks will be installed by property owners for all new development in the waterfront area. Such sidewalks will connect to existing sidewalks, provided they are present on adjacent lots.
(9) 
Natural features. Destruction of natural features that serve to protect from floods or erosion will not be permitted. Such features could include the riverbank, vegetation, and natural slopes. Any party responsible for the illegal or unauthorized destruction of such features will be compelled to replace them or compensate the City for their replacement.
(10) 
Pedestrian trails. A continuous publicly accessible municipally owned pedestrian trailway shall be created along the Hudson River waterfront in the Waterfront Overlay District. An applicant for site plan approval of a lot or parcel which contains land along the Hudson River waterfront shall be required to reserve a continuous right-of-way having a minimum width of 50 feet measured laterally from the point of shoreline stabilization of the Hudson River in which a minimum twelve-foot wide paved public trailway shall be developed on that lot or parcel in accordance with City plans.
(11) 
Preservation of historic structures. Every effort shall be made to protect, enhance and adaptively reuse historic structures within the Waterfront Overlay District. Any new construction adjacent to a nationally or locally registered historic district shall be subject to Historic District Advisory Review and Historic Commission approval.

§ 285-66.3 Hoosick Street Zoning Districts.

[Added 3-3-2005 by L.L. No. 1-2005]
A. 
Philosophy:
(1) 
Hoosick Street Waterfront District (HWD). The purpose of this District is to encourage the redevelopment of the north central waterfront as a mixture of uses that will contribute to the City's tax base, create jobs and integrate with the natural environment of the Hudson River, the downtown, the adjacent residential neighborhood and city bicycle/pedestrian trail systems. This shall be accomplished by providing zoning classification suitable for application to that portion of the waterfront where mixed uses, including recreation, public green space, professional offices, multifamily residential, research and development space, light industry and retail and service-related commercial activity will be permitted.
(2) 
Hoosick Street Commerce District (HCD). This District is designed to promote mixed-use development of commercial, office, entertainment, restaurant and residential uses that will contribute to the City's tax base. This District fosters high-density mixed-use buildings on Hoosick Street while discouraging a commercial strip appearance and requires substantial buffering and screening between busy streets and residential neighborhoods. Development is intended to be aesthetically pleasing for motorists, transit users and pedestrians with a strong emphasis on a safe and attractive streetscape.
(3) 
Hoosick Street Professional District (HPD). This District is designed to allow for conversion of residential properties into professional uses while maintaining the residential architectural integrity of the area and encouraging future land uses that will contribute to the City's tax base.
B. 
Definitions. As used in this section, the following terms apply only to the Hoosick Street Districts. For all other terms, see Article II, Definitions, and § 285-66.1B, Waterfront District definitions.
ART GALLERY
A structure or building utilized for the display of artwork, including paintings, sculptures and paints for sale to the public.
ARTIST STUDIO
A workshop or workroom for the creation of fine arts and crafts, such as painting, sculpturing, photography, or other handmade pieces or art. The space may include a residential unit and it may also include a teaching area for small groups of 10 or less.
AUTO REPAIR SERVICES
A building or premises used for the purpose of repair, maintenance, and servicing of motor vehicles, including auto bodywork, painting, and major repairs.
COMMUNITY CENTER
A building used for recreational, social, educational and cultural activities for use by the public.
DISABILITY GLARE
The eye's line-of-sight contact with a direct light source, which causes a partial blindness.
ENTERTAINMENT FACILITY
Any establishment that is operated, maintained or devoted to amusement of the general public, whether privately or publicly owned, where entertainment is offered by the facility. Entertainment facilities shall include, but not be limited to; the following: arenas, theaters, bowling alleys, dance halls or clubs, video arcades, skating rinks, batting cages, and miniature golf courses. Entertainment facilities shall not include sexually oriented businesses, taverns, pubs, golf courses, or parks.
FOOTCANDLE
A unit of measure for luminance. A unit of luminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot.
FULL CUTOFF TYPE FIXTURE
A luminaire or light fixture that, by design of the housing, does not allow any light dispersion. or direct glare to shine above a ninety-degree, horizontal plane from the base of the fixture.
HORIZONTAL ARCHITECTURAL BREAK
An architectural design that provides exterior reliefs to the facade of a building.
HORIZONTAL LUMINANCE
The measurement of brightness from a light source, usually measured in footcandles or lumens, which is taken through a light meter's sensor at a horizontal position.
LIGHT TRESPASS
Light from an artificial light source that is intruding into an area where it is not wanted or does not belong.
LOT COVERAGE
The percentage of lot area that is occupied by building footprints. MIXED USE: A development containing more than one use in a building or on a parcel.
MEDICAL OFFICE
A place where one or more doctors or dentists famish medical or dental care to a person on an outpatient basis. A place for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises. A facility for human ailments operated by a group of physicians, dentists, chiropractors, or other licensed practitioners for the treatment and examination of outpatients.
NIGHTCLUB
An establishment primarily engaged in the sale and service of beverages for on-premises consumption and the providing of musical entertainment, singing, dancing, or other forms of amusement and entertainment, with the sale or service of food being incidental and accessory thereto. Such establishment may also have one or more of the following characteristics: age restrictions, cover charges, charges for admission, disc jockeys, jukeboxes, amplified sound systems, live entertainment and the like; the hours of operation extend beyond the normal dinner hours. The term "nightclub" includes the term "cabaret" and "disco."
NURSING HOME
A proprietary facility, licensed or regulated by the State of New York, for the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing and related medical services.
PARKING AREA
An off-street area containing three or more parking spaces, with passageways and driveways appurtenant to such spaces and giving access thereto.
PARKING LOT
An open space other than a street or alley used exclusively for the parking of automobiles.
PARKING STRUCTURE
A structure or building used to park cars; includes parking garages, parking decks, and underground parking.
PRINTING AND PUBLISHING
Commercial lithographic printing, gravure printing, lexographic, screenprinting, quick printing, manifold business for printing, book printing, and the binding of printed materials to create books, magazines, pamphlets and other printed materials.
PROFESSIONAL OFFICE
The use of an office and related space for such professional services that are provided by accountants, attorneys, architects, engineers and similar professions. A professional office excludes uses permitted in a "business office" and "medical offices/clinics."
RETAIL
Establishments engaged in selling goods, services or merchandise to the general public for personal and household consumption and rendering services incidental to the sale of such goods.
STRUCTURE
Anything constructed or erected, the use of which requires location on or under fie ground or attachment to something having ideation on the ground. "Structure" includes a building. See also "building."
STUDIO
A separate structure accessory to a residence containing facilities for light and heat but not toilet or kitchen facilities, to be used for purposes accessory to the main residential use; not to be used for commercial purposes.
TRANSPORTATION TERMINAL
A building and its land that serves as a site for passengers to transfer from one means of transportation to another, not including repair activities for motor vehicles.
SCHOOL, NON-PUBLIC
A private school furnishing comprehensive curriculum or academic instruction similar to that of a public school on the kindergarten, primary and/or secondary level.
UPLIGHTING
Any light source that distributes illumination above a ninety-degree horizontal plane.
USE
The specific purpose for which land or a building is designed, arranged or intended or for which it may be occupied or maintained. The term "authorized use" or its equivalent shall not be deemed to include any nonconforming use.
VEHICLE SALES
A premises, including open areas, other than a street or right-of-way, and including showrooms enclosed within a budding used for the display, rental or sale of automobiles, boats, mopeds, motorcycles, snowmobiles, trucks and recreational vehicles.
C. 
Primary Uses Schedule.
HWD
HCD
HPD
Appliance and small equipment repair/sales
P
P
NP
Art gallery
P
P
P
Artist studios above first floor
P
P
P
Assembly and packaging of products
P
NP
NP
Automotive repair services with auto body repair
P
NP
NP
Bed-and-breakfast
P
P
P
Branch banks
P
P
NP
Broadcasting facilities
P
P
NP
Business office
P
P
NP
Business office with a maximum of 10 employees
P
P
P
Child-care facility
P
P
NP
Churches and religious institutions
P
P
NP
Commercial recreational facilities
P
P
NP
Community center
P
P
NP
Community garden
P
NP
NP
Cultural facilities
P
P
NP
Entertainment facilities
P
P
NP
Financial institutions excluding branch banks
P
P
NP
Funeral homes
P
NP
P
Gasoline filing station
NP
P
NP
Government agency structures or use
P
P
NP
Home occupations
P
P
P
Hotels/inns
P
P
NP
Libraries
P
P
NP
Light industry
P
NP
NP
Medical office
P
P
NP
Membership clubs
P
P
NP
Nightclub
P
P
NP
Nursing homes
P
NP
NP
Open space/greenways
P
P
P
Parking lots as primary use
NP
NP
NP
Parking structures as primary use
P
P
NP
Personal care services
P
P
NP
Printing and publishing
P
P
NP
Professional office
P
P
NP
Professional office with no more than 10 individuals
P
P
P
Research and development facilities
P
P
NP
Residential, multifamily
P
P*
NP
Residential, single family
NP
NP
P
Residential two-family
P
P*
P
Restaurants, full-service
P
P
NP
Restaurants, take-out
P
P
NP
Retail
P
P
NP
School, non-public
P
NP
NP
Transportation terminals, taxi stands, ferries
P
NP
NP
Tavern and bar
P
P
NP
Vehicle sales
P
P
NP
Water-dependent uses, commercial/recreational
P
NP
NP
Warehousing
P
NP
NP
P=Permitted NP= Not Permitted
*Above first floor
D. 
Lot characteristics.
(1) 
All lot lines abutting a right-of-way are considered front lot lines.
(2) 
Corner lots have no side lot lines, only front and back lot lines.
(3) 
Parking structures are not required to meet setback guidelines.
(4) 
Building height on a lot with an elevation change shall be calculated from the average elevation of the finished grade at the perimeter of the building to the highest point of the building.
(5) 
Schedule of Lot Characteristics:
Lot Characteristics
Zone
Setbacks
Maximum Building Height
(feet)
Minimum Lot Area
(square feet)
Front Minimum
(feet)
Front Maximum
(feet)
Rear Minimum
(feet)
Side Minimum
(feet/each)
Maximum Lot
Co erage
Minimum Lot Coverage
HWD
70
None
None
20
20
None
80%
None
HCD
70
10,000
None
10
45
None
80%
50%
HPD
35
4,200
20
None
20
10
80%
None
E. 
Signs. All signs will be subject to Article VII of this chapter. The following sections shall apply for the Hoosick Street Zone Districts.
(1) 
Hoosick Street Waterfront District: § 285-104, B-5 and IND Zones.
(2) 
Hoosick Street Commerce District: § 285-103, B-4 Zone.
(3) 
Hoosick Street Professional District: § 285-100, R-3 Zone.
F. 
Parking. All uses shall conform to the requirements of the schedule below for number of off street parking spaces. Uses shall refer to Article VI for all other off-street parking and loading provisions except as noted in the Hoosick Street Overlay District.
Off Street Parking Schedule
Uses
Maximum Requirements
Assembly and packaging facilities
1.25 space for each 2 employees on the largest shift, with a minimum of 2 spaces
Branch banks, savings and loans, credit unions
1 space per 1,000 square feet
Child day-care center
1 space for each staff member plus 1 space per 10 children
Commercial or academic research and development facility
1 space per 1,000 square feet
Construction industry facility
1 space per employee
Financial institutions not otherwise included in this schedule
1 space per 1,000 square feet gross floor area
Hotel
1 space for each room and 1 space per managers unit
Manufacturing use
1.25 spaces for each 2 employees on the largest shift with a minimum of 2 spaces
Mixed use
Total of each individual use
Neighborhood retail
1 spaces per 1,000 square feet
Offices
2 spaces per 1,000 square feet gross floor area
Printing and publishing
1 space for each 2 employees
Restaurant, excluding take-out only
6 spaces per 1,000 square feet
Restaurant, take-out only
1 space per 50 square feet
Retail use, including shopping centers
2 spaces per 1,000 square feet
Service businesses (e.g., salons, barbershops, dry cleaners, laundromat)
1.5 spaces per 1,000 square feet
Taverns, bars
6 spaces per 1,000 square feet
Trucking and transshipment facilities
1 space per employee
Warehouse
1 space per employee, plus 1 space per 4,000 square feet
Wholesale and distribution
1 space per employee plus 3 visitor spaces

§ 285-66.4 Hoosick Street Overlay Zone District.

[Added 3-3-2005 by L.L. No. 10-2004]
A. 
Philosophy. The purpose of the Hoosick Street Overlay District is to recognize Hoosick Street for its function locally as an urban street and regionally as a critical transportation route for parts of eastern Rensselaer County. The Overlay District is intended to encourage economic development and physically enhance the corridor to promote pedestrian safety, improve local traffic access and circulation, minimize impacts of arterial traffic, preserve the character of residential neighborhoods and mitigate land use conflicts. The purposes of the Hoosick Street Zoning Districts are:
(1) 
To encourage diversity in the community tax base through appropriate flexibility in land use and land use development.
(2) 
To optimize financial return on public infrastructure investments and expenditures, including water and sewer, intersection improvements.
(3) 
To minimize adverse traffic impacts on Hoosick Street and on surrounding local streets and roadways.
(4) 
To enhance the aesthetic gateway appearance and to minimize adverse environmental impacts such as water, air, light and noise pollution, and traffic congestion.
(5) 
To encourage a pedestrian environment.
(6) 
To preserve and buffer residential neighborhoods surrounding the corridor.
B. 
Regulated uses.
(1) 
All actions that involve construction of a new structure, addition of more than 500 square feet of gross floor area to an existing structure, a change in use, alteration or construction of a sign, substantial rehabilitation, or substantial facade alteration of an existing structure will be subject to Hoosick Street Overlay District requirements and will be reviewed under the authority of the City Planning Board as part of site plan review. Waivers of allowed uses and of the rule and regulations of the overlay zone district will be at the discretion of the Planning Board. The Hoosick Street Overlay Zone District consists of the Hoosick Waterfront District, Hoosick Commerce District, and Hoosick Professional District.
(2) 
Development otherwise permitted in the underlying zone will be further regulated in accordance with the provisions of this article.
C. 
Development standards. The following development standards will apply only to parcels partially or wholly within the Hoosick Street Overlay District.[1]
(1) 
Site design:
(a) 
Buildings shall be required to be set back to meet the requirements of sidewalk width but shall not exceed the setback standards in Subsection C(7)of this section.
(b) 
Sidewalk width requirements are found in § 285-66.3F. Sidewalk width requirements shall be achieved through a combination of City right-of-way property and private property, if necessary.
(c) 
For all new construction, the area between the front lot line and front building line shall be used for site amenities, including sidewalks, patio, landscaping, display space, and/or public space.
(d) 
Retaining walls on property boundaries that would inhibit future driveway access between sites shall not be permitted.
(e) 
For all new construction, front lot lines will be measured taking into account future DOT realignment of Hoosick Street. A twenty-foot setback on the north side of Hoosick Street between 10th and Burdett Avenue shall be established as the build-to line or as later established through right-of-way survey by the City Engineering Department.
(f) 
Existing site topography shall be maintained for new construction and incorporated into final building design as noted in Subsection C(2)(j).
(g) 
Parking decks shall be utilized for lots with elevation changes rather than retaining walls.
(h) 
New construction for properties fronting the north side of Hoosick Street between 15th and 21st Streets shall be designed to provide shared rear alleyway access.
(2) 
Building design:
(a) 
Architectural details of new buildings and additions and textures of walls and roof materials should be harmonious with the building's overall architectural style and should preserve and enhance the historic character of Troy. (Figure A)[2]
[2]
Editor's Note: Figure A is on file in the City offices.
(b) 
The mass, proportion and scale of the building, roof shape, roof pitch, and proportions and relationships between doors and windows should be harmonious among themselves.
(c) 
Except in the Professional District, construction of buildings on corner lots shall be required to have building facades front both rights-of-way with a central entrance design feature at the corner location. (Figure B)[3]
[3]
Editor's Note: Figure B is on file in the City offices.
(d) 
In the Professional District, building construction shall be residential in size and design. Design shall include pitched roof and architectural features as found in existing residential buildings in the District.
(e) 
Permitted uses in § 285-66.3C requiring new construction shall have buildings of a minimum of two occupied stories in height.
(f) 
A single primary use in the HCD not proposing to occupy upper stories for other than storage shall be part of a mixed-use development of at least two or more uses permitted in the schedule in § 285-66.3C.
(g) 
Mixed development projects with three or less uses shall be located in a single building. Mixed-use development projects of four or more uses are permitted to have more than one building on a lot.
(h) 
On lots with more than one building, buildings shall be grouped together to maximize pedestrian access by connecting sidewalks and pathways.
(i) 
Buildings shall have vertical breaks in the facade to facilitate appearance of smaller buildings proportionate to adjacent residential uses with a single section being, at maximum, no more than 25 feet in length or as otherwise approved.
(j) 
Buildings shall have stepped breaks in floor elevation corresponding to the topography of Hoosick Street. Breaks should be proportionate to topographical elevation gain/loss along front lot line.
(3) 
Off-street parking:
(a) 
See the schedule in § 285-66.3F. All uses shall conform to the requirements of this schedule for number of off street parking spaces. Uses shall refer to Article VI for-all other off-street parking and loading provisions, except as noted below.
(b) 
Reduction or expansion in parking space requirements maybe permitted whereby design and use it is shown to the Board's satisfaction that the parking is compatibly shared by multiple uses. However, in no case shall a parking requirement reduction or expansion exceed 20% of those parking spaces required under normal application of requirements for the nonresidential uses.
(c) 
Parking structures or alternate parking plans shall be incorporated into the design of any development project that exceeds the off-street parking requirements or parting structures maybe used collectively by adjacent land use owners in order to meet their off street parking requirements.
(d) 
Parking structure construction shall be located strategically on the property to allow for future collaborative use.
(e) 
All off-street parking shall be located to the rear of buildings. All parking and loading areas shall be completely screened from adjacent residential uses by a landscaped and ornamentally fenced buffer area.
(f) 
Parking decks shall be used for parcels with grade elevation changes that shall connect to adjacent parking facilities to allow for shared parking access.
(g) 
All parking lots in the rear of a parcel shall be connected to adjacent parcels at the side lot line to allow vehicular access between lots.
(h) 
Developers are encouraged to build parking decks or structures under buildings, on the downslope side, and bilevel parking. (Figure C)[4]
[4]
Editor's Note: Figure C is on file in the City offices.
(4) 
Site access and driveways:
(a) 
All driveways for non-corner Hoosick Street lots shall be located at the side lot line and shall become shared as development of the adjoining lot proceeds. Existing driveway access entranceways located on Hoosick Street shall be relocated to the side lot line for future shared-driveway access. Properties with more than one existing access driveway shall be allowed only one access point on Hoosick Street.
(b) 
All driveways for corner lots shall be from the minor street and shall be located abutting the rear setback requirement.
(c) 
Maximum curb cut shall be 30 feet.
(d) 
Connections between lots required in rear.
(e) 
Access to Hoosick Street from a planned mixed-use development shall be through a secondary street and at a signalized intersection.
(5) 
Lighting:
(a) 
All storefronts, entryways, walking paths, and parking areas shall be adequately lit to at least 0.5 footcandles.
(b) 
All parking and security lighting shall be on a pedestrian scale with a sixteen-foot maximum light height for site illumination. The mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture (i.e., luminaire).
(c) 
All parking area and security lighting will be fall cut-off type fixtures. Full cut-off fixtures must be installed in a horizontal position, as designed.
(d) 
All exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light trespass and glare across the property lines and/or disability glare at any location on or off the property.
(e) 
Uplighting is allowed only for highlighting important architectural features of a facade. Such uplighting shall be limited to 5:00 p.m. to 12:00 midnight. Externally lit signs, display, building and aesthetic lighting must be shielded to prevent direct glare and/or light trespass in excess of 0.2 footcandle. The lighting must also be, as much as physically possible, contained to the target area.
(f) 
Internally lit signs are acceptable, provided that they meet the requirements of the Sign Ordinance.
(g) 
Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above.
(h) 
When an outdoor lighting installation is being modified, extended, expanded or added to, the entire outdoor lighting installation shall be subject to the requirements of this section.
(i) 
Expansion, additions, or replacements to outdoor lighting installations shall be designed to avoid harsh contrast in color and/or lighting levels.
(j) 
Where practicable, electrical service to outdoor lighting fixtures shall be underground.
(k) 
Proposed lighting installations that are not covered in this section may be approved if the Planning Board finds that they are designed to minimize glare, do not direct light beyond the boundaries in excess of 0.2 footcandle of the area being illuminated or onto adjacent properties or streets, and do not result in excessive lighting levels.
(l) 
Holiday lighting during the months of November, December and January, and street tree lighting all year round, shall be exempt from the provisions of this section, provided that such lighting does not create dangerous glare on adjacent streets or properties.
(6) 
Landscaping and screening:
(a) 
Commercial properties abutting a residential use shall have screening and buffering of at least eight feet in depth. Screening shall include a five-foot-high grassed berm, a solid wood or vinyl ornamental fence, and evergreen and deciduous trees, with no less than 50% being evergreen, a minimum of six feet in height and planted at intervals no greater than 15 feet on center. Fencing shall be located at the top of the berm. (Figure D)[5]
[5]
Editor's Note: Figure D is on file in the City offices.
(b) 
Parking areas shall be landscaped as per Article VI of this Zoning Ordinance, where not otherwise stated in this chapter, and shall include trees and bushes.
(7) 
Sidewalks and sidewalk design on Hoosick Street:
(a) 
Hoosick Waterfront and Hoosick Commerce District.
[1] 
Sidewalk width shall be 12 feet measured from the curbline. (Figure B)[6]
[6]
Editor's Note: Figure E is on file in the City offices.
[2] 
Sidewalks shall be handicap accessible and shall have pedestrian-friendly curb cuts.
[3] 
Within the Hoosick Commerce District, decorative bollards and chains shall be installed the length of the sidewalk not used by curb cuts, two feet in from curb. Decorative bollard options for public areas must match the quality and appearance of either Spring City's thirty-seven-inch Reston bollard or Trystan Site Furnishings' forty-three-and-one-fourth-inch Victorian bollard. The former option is a heavy, cast aluminum alloy product, while the latter is constructed of cast iron. Both must have a black Finish. Where chains are utilized between bollards, recommended spacing may be up to 10 feet on center. All bollards must be anchored and installed per bollard manufacturers' specifications. Planters, benches, and other sidewalk furniture may be used in combination with bollards and chains to separate pedestrians from traffic. (Figure F)[7]
[7]
Editor's Note: Figure F is on file in the City offices.
(b) 
Hoosick Professional District and east of the Professional District.
[1] 
Sidewalk width shall be seven feet, measured from the curbline including two-foot grass strip.
[2] 
Sidewalks shall be handicap accessible and shall have pedestrian-friendly curb cuts.
(8) 
Streetscape:
(a) 
Street trees are required. Spacing, number, and species of tree shall be at the discretion of the Planning Board. All newly planted trees shall be at least two inches caliper size and shall be a combination of flowering and indigenous trees. Trees must not be planted within five feet of access drives, within 25 feet of preserved existing tees, within bus stop zones, below fire-escape balconies, where blockage to building entrances presents safety concerns, or within five feet of hydrants, manhole covers, or permanent streetscape furnishings. When planting trees, visibility of traffic signals and way-finding signage (both vehicular and pedestrian forms) must always be maintained.
(b) 
Proposed site furnishings, including benches, litter receptacles, bollards, bike racks, bus shelters, parking meters, fences and sign poles (excluding vehicular way-finding signs) are to be black, powder-coated metal.
(9) 
Garbage removal design: All exterior garbage dumpsters shall be located in the rear of buildings, shall be on a concrete pad with a solid fence enclosure, and shall contain perimeter landscaping. All commercial uses shall provide private trash pickup. Trash removal schedule shall be approved by the Planning Board.
(10) 
Public transportation: Accommodations shall be made for bus shelters at preferred locations, including concrete pads, utilities and utility installation.
(11) 
Signs: No freestanding signs are allowed in the overlay district unless part of mixed-use development signage for three or more businesses.
(12) 
Gasoline filling stations:
(a) 
All new gasoline filling stations shall be located no less than 1,000 feet from an existing gasoline filing station.
(b) 
Gasoline filling stations shall be allowed related retail sales incidental to selling gasoline, including food and sundries. No auto-dependent uses not incidental to a gasoline filling station, including auto service, auto sales, auto body, and car wash facilities, shall be allowed on the same site.
(c) 
Gasoline filling stations shall be allowed two driveway accesses. Driveways shall be located at the central side lot line and shall become shared as development of the adjoining lot proceeds.
(d) 
Architectural design of building and canopy shall be compatible with each other and architecturally appropriate to the corridor.
(e) 
Gasoline filing stations shall include substantial landscaping along front lot line with a minimum of 10 feet in depth.
[1]
Editor's Note: Figures designated A through F illustrate the design standards described in this section. Said figures are on file in the City offices.

§ 285-66.5 Urban Core District.

[Added 12-3-2009 by Res. No. 12]
The City Council hereby adopts the Congress Street and Ferry Street Corridor Master Plan and Zoning Amendments, which is attached hereto and made a part hereof as Exhibit A.[1]
[1]
Exhibit A is available for viewing in the Troy City Clerk's office.

§ 285-67 Supplementary district regulations; nonconforming uses, lots and buildings; moratorium on adult establishments.

In order to foster the realization of the orderly, safe, land use plan engendered by this chapter, no legal, nonconforming use, lot or building may be reestablished, repaired, maintained, improved, enlarged or changed, respectively, except as herein provided.
A. 
Change of use. A nonconforming use may be changed to another nonconforming use or it may be modified in a substantial way (such as increasing the services or products offered), subject to the terms of § 285-68 and after the Zoning Board of Appeals determines in public hearing that the proposed nonconforming use or modification is no less appropriate to the character of the neighborhood and zone district in which it is to be located.
B. 
Reestablishment. No nonconforming use may be reestablished after it has been discontinued, abandoned, or has otherwise ceased for a period of one year or more.
C. 
Restoration or repair.
(1) 
In the event that a nonconforming building, or a building housing a nonconforming use, is damaged (in any way) to the extent equal to 40% or less of the prevailing assessed value of the building, then the nonconformance may be restored only to the condition immediately prior to damage. If, however, damage is of an extent greater than 40% of the assessed value of the building, then restoration shall be brought as much into conformity with this chapter as is possible, as determined by the Director.
(2) 
Approval to restore such nonconformance when damage has been greater than 40% of the assessed value shall be the prerogative of the Planning Board, after review in public hearing of the restoration plan. Restoration activities shall be commenced within one year of the date of damage. The nonconforming use shall be considered discontinued, abandoned or ceased if an application for a work permit is not filed within one year of the damage date.
D. 
Enlargement. No conforming use may be enlarged more than 10% of its existing floor area when in a building or 15% of its existing area for outdoor nonconforming uses. The enlargement of a nonconforming use requires a special use permit in all zones except R-1 and P, in which no nonconforming use enlargements shall be allowed. Under no circumstances shall more than one enlargement be allowed per property for a five-year period, commencing from the date of application for the initial enlargement. The entirety of § 285-67D, hereinabove shall not apply, in any manner, to any proposed expansion of a school and/or church, or any part thereof, in a nonconforming zone.
[Amended 5-4-2006 by Ord. No. 5]
E. 
Improvement. Terms of § 285-68 shall be understood to apply to nondamage, non-code-corrective, nonsafety improvements undertaken after the effective date of this chapter.
F. 
Nonconforming lot.
(1) 
Where a nonconforming lot exists as a separate entity at the time of passage of this chapter, and where the owner of the nonconforming lot does not own an adjoining lot, then the following development is permitted:
(a) 
If the lot is located in the R-1, R-2 or R-3 District, a single-family dwelling may be constructed on it as a permitted use, provided that the lot is in at least 70% compliance with each of the following requirements for the single-family dwelling, as specified in the district in which the lot is located: lot area, lot width and rear yard. The maximum lot coverage may be increased by 30%. Such dwelling shall not be more than 30 feet high.
(b) 
If the lot is located in any other district, then a structure not exceeding two stories in height or 30 feet in height may be constructed on it, for a use permitted in the district in which it is located, provided that the off-street parking and loading requirements of this chapter shall be complied with and that the front, side and rear yards are in keeping with the surrounding area; except that a side yard of at least 10 feet shall be required whenever such a use abuts an existing residential use or a residential district.
(c) 
When the owner of such a lot owns one or more other lots contiguous thereto, such other lot(s), or so much thereof as may be necessary, shall be combined with the first named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots. If he/she does own contiguous property, a permit may not be issued until the lot shall have been made conforming.
(2) 
Where the required area or dimensions of lots are changed by an amendment to this chapter, any legal lot existing at that date and made nonconforming by such amendment may be built upon within the limits of the conditions mentioned above in this subsection.
G. 
Structure removal. Any nonconforming building, or any building in which a nonconforming use is conducted, shall upon its demolition lose all of its nonconforming protection. No nonconforming structure shall thereafter be permitted to be constructed, nor shall any nonconforming use be established.
H. 
Safety. Nothing in this section shall be deemed to prevent the strengthening of any building or the restoration or altering to a safe condition of any building or part thereof declared to be unsafe by the Director.
I. 
Notwithstanding any other provision of this Code to the contrary, no new adult entertainment or adult retail establishment, selling or advertising adult (pornographic) products or content, shall be allowed within the City limits, nor shall any existing adult (pornographic) entertainment or retail establishment be reopened after being closed for six consecutive months, altered, opened, enlarged or extended in any degree or capacity, nor shall any nonconforming use be changed to an adult establishment through the duration of this moratorium. This moratorium shall be in effect until March 31, 2013.
[Added 1-11-2005 by Ord. No. 5; amended 1-5-2006 by Ord. No. 2; 12-7-2006 by Ord. No. 3; 5-6-2010 by Ord. No. 1; 5-5-2011 by Ord. No. 1; 5-3-2012 by Ord. No. 3; 8-2-2012 by Ord. No. 1; 1-3-2013 by Ord. No. 2]
J. 
Notwithstanding any other provision of this Code to the contrary, no new convenience store, variety store or retail establishment not otherwise defined in this Code shall be allowed to open within the City limits of Troy, New York. No existing convenience store, variety store or retail establishment not otherwise defined in this Code shall be altered, enlarged or extended in any degree or capacity. No existing convenience store, variety store or retail establishment not otherwise defined in this Code shall be allowed to reopen after being closed for six consecutive months, nor shall any other use, whether conforming or nonconforming, be changed to a convenience store, variety store or retail use not otherwise defined in this Code through the duration of this moratorium. This moratorium shall be in effect until June 1, 2016.
[Added 6-4-2015 by Ord. No. 53; amended 12-3-2015 by Ord. No. 109]

§ 285-68 Provision for adding uses to districts.

A use may be added to a district by the City Council after recommendation by the Planning Board. Such recommendation shall be made after a Planning Board public hearing on the addition.

§ 285-69 Storage of boats, campers, trailers and recreational vehicles.

[Amended 5-3-1990; 6-7-1990]
In no case shall boats, campers, trailers, or other recreational vehicles be stored in driveways or on lawns in front of the front building line in the R-1 and R-2 Zones. Repairs and normal maintenance to such boats, campers, trailers and other recreational vehicles must take place behind the rear building line in the R-1 and R-2 Zones.