[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.
[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
|
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.
[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.
[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.
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.
D.
Lot characteristics:
E.
Building height: 25 feet.
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.
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.
E.
Maximum building height: 35 feet.
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.
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.
E.
Maximum building height: 35 feet.
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.
(6)
Grocery store.
[Added 6-2-2016 by Ord.
No. 45]
(7)
Delicatessen.
[Added 6-2-2016 by Ord.
No. 45]
D.
E.
Maximum building height: 40 feet to 60 feet.
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.
(9)
Grocery store.
[Added 6-2-2016 by Ord.
No. 45]
(10)
Delicatessen.
[Added 6-2-2016 by Ord.
No. 45]
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)
(2)
F.
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.
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.
(8)
Convenience store.
[Added 6-2-2016 by Ord.
No. 45]
(9)
Grocery store.
[Added 6-2-2016 by Ord.
No. 45]
(10)
Delicatessen.
[Added 6-2-2016 by Ord.
No. 45]
(11)
Boutique.
[Added 6-2-2016 by Ord.
No. 45]
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:
E.
Maximum building height: 40 feet.
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:
(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.
(8)
Convenience store.
[Added 6-2-2016 by Ord.
No. 45]
(9)
Grocery store.
[Added 6-2-2016 by Ord.
No. 45]
(10)
Delicatessen.
[Added 6-2-2016 by Ord.
No. 45]
(11)
Boutique.
[Added 6-2-2016 by Ord.
No. 45]
(12)
Gift shop.
[Added 6-2-2016 by Ord.
No. 45]
D.
Lot characteristics:
E.
Maximum building height: 40 feet.
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:
(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.
(7)
Supermarket.
[Added 6-2-2016 by Ord.
No. 45]
(8)
Convenience store.
[Added 6-2-2016 by Ord.
No. 45]
(9)
Grocery store.
[Added 6-2-2016 by Ord.
No. 45]
(10)
Delicatessen.
[Added 6-2-2016 by Ord.
No. 45]
(11)
Boutique.
[Added 6-2-2016 by Ord.
No. 45]
(12)
Gift shop.
[Added 6-2-2016 by Ord.
No. 45]
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.
(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.
[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.
(13)
Supermarket.
[Added 6-2-2016 by Ord.
No. 45]
(14)
Convenience store.
[Added 6-2-2016 by Ord.
No. 45]
(15)
Grocery store.
[Added 6-2-2016 by Ord.
No. 45]
(16)
Delicatessen.
[Added 6-2-2016 by Ord.
No. 45]
(17)
Boutique.
[Added 6-2-2016 by Ord.
No. 45]
(18)
Gift shop.
[Added 6-2-2016 by Ord.
No. 45]
D.
F.
Off-street parking: None required.
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.
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.
(18)
Supermarket.
[Added 6-2-2016 by Ord.
No. 45]
(19)
Convenience store.
[Added 6-2-2016 by Ord.
No. 45]
(20)
Grocery store.
[Added 6-2-2016 by Ord.
No. 45]
(21)
Delicatessen.
[Added 6-2-2016 by Ord.
No. 45]
(22)
Boutique/gift shop.
[Added 6-2-2016 by Ord.
No. 45]
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.
(e)
Maximum lot coverage: 60%.
(f)
Maximum density: Not applicable.
(g)
Maximum building height: 35 feet.
(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.
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.
E.
Building height: 65 feet, plus mechanicals.
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.
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.
E.
Maximum building height: 60 feet.
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.
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.
D.
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.
[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.
D.
E.
Building height: 50 feet.
H.
Lot characteristics; adjacent to residential districts
along a City right-of-way:
I.
Building height: 50 feet.
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:
M.
Building height: 150 feet.
[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.
BOTTLE RECYCLING CENTER
BUSINESS OFFICE
CULTURAL FACILITIES
FINANCIAL INSTITUTIONS
HOTEL/INN
LIGHT INDUSTRIAL
MANUFACTURING
NEIGHBORHOOD RETAIL SERVICES
PERSONAL CARE SERVICES
RECREATIONAL FACILITIES, PUBLIC
RESEARCH AND DEVELOPMENT FACILITIES
RESTAURANT, FULL SERVICE
RESTAURANT, TAKE OUT
TRUCKING TERMINAL
WATER-DEPENDENT USES, COMMERCIAL/RECREATIONAL
WATER-DEPENDENT USE, INDUSTRIAL
WAREHOUSING
Definitions. The following definitions apply only to § 285-66.1, Waterfront Districts.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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
|
[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.
ENCROACH
FLOODPLAIN
FLOOD-RELATED
IMPERVIOUS SURFACE
NONPOINT POLLUTION
PHYSICAL OBSTACLE
PIER
RIGHT-OF-WAY
SHORELINE
STORMWATER MANAGEMENT
SUBSTANTIAL REHABILITATION
WATER-DEPENDENT USES
WATER-ENHANCED USES
Definitions. The following definitions shall apply
only to this section of this chapter.
To permanently occupy space within the physical boundaries
of (such as a wetland),
As defined in Article 36 of the Environmental Conservation
Law or flood hazard areas as determined by the National Flood Insurance
Agency.
Any condition which can be attributed to the damage or occurrence
of a flood or accidental inundation of water.
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.
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.
Any structure or piece of structure that prevents visual
or physical contact.
A structure that encroaches on a body of water specifically
for the purpose of providing the general public with access for recreational
fishing.
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.
The point at which land and water meet as determined by the
mean high-water mark of a body of water.
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.
The investment of more than 50% of a structure's assessed
value in repairs or improvements other than physical expansion.
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.
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.
(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.
[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.
ART GALLERY
ARTIST STUDIO
AUTO REPAIR SERVICES
BOUTIQUE
COMMUNITY CENTER
CONVENIENCE STORE
DELICATESSEN
DISABILITY GLARE
ENTERTAINMENT FACILITY
FOOTCANDLE
FULL CUTOFF TYPE FIXTURE
GIFT SHOP
GROCERY STORE
HORIZONTAL ARCHITECTURAL BREAK
HORIZONTAL LUMINANCE
LIGHT TRESPASS
LOT COVERAGE
MEDICAL OFFICE
NIGHTCLUB
NURSING HOME
PARKING AREA
PARKING LOT
PARKING STRUCTURE
PRINTING AND PUBLISHING
PROFESSIONAL OFFICE
RETAIL
STRUCTURE
STUDIO
TRANSPORTATION TERMINAL
SCHOOL, NON-PUBLIC
SUPERMARKET
UPLIGHTING
USE
VEHICLE SALES
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.
A structure or building utilized for the display of artwork,
including paintings, sculptures and paints for sale to the public.
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.
A building or premises used for the purpose of repair, maintenance,
and servicing of motor vehicles, including auto bodywork, painting,
and major repairs.
A small-scale retail sales establishment engaged in the sale
of specialty goods, carrying selected fashions or unique merchandise
of high quality and price.
[Added 6-2-2016 by Ord.
No. 45]
A building used for recreational, social, educational and
cultural activities for use by the public.
A grocery retail store less than 1,500 square feet, limited
to one floor, where no less than 75% of said square footage is allocated
to the sale of foodstuffs including fresh fruits and vegetables.
[Added 6-2-2016 by Ord.
No. 45]
An establishment selling cooked or preserved foods such as
meats, prepared salads, desserts, cheeses, pickles, sandwiches, soft
drinks, etc., generally for consumption off the premises and with
a seating area which can accommodate no fewer than 10 patrons.
[Added 6-2-2016 by Ord.
No. 45]
The eye's line-of-sight contact with a direct light source,
which causes a partial blindness.
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.
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.
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.
A retail store offering a variety of small gift items, as
opposed to stores offering primarily specific lines of merchandise
such as toys, clothing, or sporting goods.
[Added 6-2-2016 by Ord.
No. 45]
Any retail establishment no larger than 5,000 square feet
where no less than 75% of said footage is allocated for the sale of
foodstuffs, including fresh fruits and vegetables, are regularly and
customarily sold for consumption off the premises.
[Added 6-2-2016 by Ord.
No. 45]
An architectural design that provides exterior reliefs to
the facade of a building.
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 from an artificial light source that is intruding into
an area where it is not wanted or does not belong.
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.
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.
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."
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.
An off-street area containing three or more parking spaces,
with passageways and driveways appurtenant to such spaces and giving
access thereto.
An open space other than a street or alley used exclusively
for the parking of automobiles.
A structure or building used to park cars; includes parking
garages, parking decks, and underground parking.
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.
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."
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.
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."
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.
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.
A private school furnishing comprehensive curriculum or academic
instruction similar to that of a public school on the kindergarten,
primary and/or secondary level.
A grocery retail outlet of at least 5,000 square feet which
may allocate no more than 40% of said square footage for the sale
of nonfood items.
[Added 6-2-2016 by Ord.
No. 45]
Any light source that distributes illumination above a ninety-degree
horizontal plane.
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.
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.
[Amended 6-2-2016 by Ord.
No. 45]
|
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
| |
|
Boutique
|
NP
|
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
| |
|
Convenience store
|
NP
|
P
|
NP
| |
|
Cultural facilities
|
P
|
P
|
NP
| |
|
Delicatessen
|
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
| |
|
Gift shop
|
NP
|
P
|
P
| |
|
Government agency structures or use
|
P
|
P
|
NP
| |
|
Grocery
|
NP
|
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
| |
|
Supermarket
|
P
|
P
|
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.
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.
[Amended 6-2-2016 by Ord.
No. 45]
|
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
| |
|
Boutique
|
None required
| |
|
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, grocery stores, supermarkets,
convenience stores
|
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, delicatessen
|
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
| |
[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.
(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:
(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.
(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.
(7)
Sidewalks and sidewalk design on Hoosick Street:
(a)
Hoosick Waterfront and Hoosick Commerce District.
[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.
(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.
[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.
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 convenience store, variety store, or retail use not specifically defined within § 285-12 may open within 500 feet of a retail store of the same use unless the use is incidental to gasoline filling station as defined in § 285-12. For the purposes of measurement, the distance shall be defined as the numerical distance from centerline of each front entry door.
[Added 6-4-2015 by Ord.
No. 53; amended 12-3-2015 by Ord. No. 109; 6-2-2016 by Ord. No. 45]
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.
[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.
