A.
Purpose. In the development and execution of this
chapter, it is recognized that studies have been conducted by many
cities which document the adverse secondary effects associated with
the establishment and operation of adult bookstores, adult entertainment
establishments and sexually oriented businesses within a community.
(1)
Among these adverse secondary impacts are a deterioration
in the local quality of life, an adverse effect upon local property
values, an adverse effect upon local economic viability, an imposition,
whether intentional or unintentional, of exposure to adult-oriented
expression undesired by neighbors, pedestrians and passersby, an increase
in traffic, noise, litter and nuisance, criminal and illicit sexual
behavior, a threat to the health and safety of children and young
adults and an undermining of the established sense of community.
(2)
These adverse secondary impacts of the establishment
and operation of adult bookstores, adult entertainment establishments
and sexually oriented businesses are a threat to the general health,
safety and economic viability of the community.
(3)
The unregulated establishment and operation of adult
bookstores, adult entertainment establishments and sexually oriented
businesses would lead to the widespread imposition of adverse secondary
impacts upon the residents, businesses, economic viability, property
values and quality of life of the City and would, therefore, be detrimental
to the general health, safety and economic viability of the community.
(4)
It is the express intent of the City of Schenectady
in adopting this section to:
(a)
Ameliorate, mitigate, reduce or prevent the
widespread and unregulated imposition of the adverse secondary impacts
of adult bookstores, adult entertainment establishments and sexually
oriented businesses upon the residents, businesses, economic viability,
property values, quality of life and general health, safety and welfare
of the community.
(b)
To preserve and encourage the diversity of the
community by protecting, to the greatest degree possible, the interests
of consenting adults to enjoy the broadest freedom of private sexual
activity and behavior.
[Amended 3-23-2009 by Ord. No. 2009-02]
B.
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(a)
(b)
(2)
ADULT CABARET
(1)
(2)
(3)
(4)
ADULT ENTERTAINMENT
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
BUSINESS
CONSIDERATION
(1)
(2)
(3)
(4)
DIRECTOR
ESCORT
ESCORT AGENCY
LIVE THEATRICAL PERFORMANCE
NUDE MODEL STUDIO
NUDITY or A STATE OF NUDITY
PERSON
PREMISES
REGULARLY CONDUCTED
SEMINUDE or SEMINUDITY
SEX ACT
SEX ACT BUSINESS
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
SUBSTANTIAL PORTION
(1)
(2)
(a)
(b)
(c)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion-picture machines, projectors,
videos, or other image-producing devices are maintained to show images
to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical
areas.
A commercial establishment that, as one of its
principal business purposes, offers for sale or rental for any form
of consideration any one or more of the following:
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes or
video reproductions, slides, or other visual representations that
depict or describe specified sexual activities or specified anatomical
areas.
Instruments, devices, or paraphernalia that
are designed for use in connection with specified sexual activities.
A principal business purpose exists if materials
offered for sale or rental depicting or describing specified sexual
activities or specified anatomical areas generate 20% or more of the
business's income, account for 20% or more of inventory, or occupy
20% or more of total floor space. A commercial establishment may have
other principal business purposes that do not involve the offering
for sale or rental of material depicting or describing specified sexual
activities or specified anatomical areas and still be categorized
as an adult bookstore or adult video store. Such other business purposes
will not serve to exempt such commercial establishments from being
categorized as an adult bookstore or adult video store so long as
one of its principal business purposes is the offering for sale or
rental for consideration the specified materials that depict or describe
specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, cafe or similar commercial
establishment that regularly, commonly, habitually, or consistently
features:
Persons who appear in a state of nudity or seminudity;
or
Live performances that are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides,
photographic reproductions, or other image-producing devices that
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
Persons who engage in "exotic" or erotic dancing
or performances that are intended for the sexual interests or titillation
of an audience or customers.
Any business enterprise having as a substantial portion of
its activity the presentation, characterized by emphasis on the description
or depiction of specified anatomical areas or specified sexual activities,
of live shows, motion-picture films or sound recordings presented
by coin- or slug-operated, or electronically or mechanically controlled,
still or motion-picture machines, projectors or other image-producing
devices; any business enterprise serving food and beer, wine or liquor
whose entertainers or waiters and waitresses appear in a state that
displays any specified anatomical areas; or any business enterprise
that offers services requiring the client or customer to display any
specified anatomical areas, except medical and health services establishments.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form
of consideration and provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas and has a sign visible from the public right-of-way that advertises
the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period
of time that is less than 24 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 24 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes or video reproductions, slides,
or similar photographic reproductions are regularly, commonly, habitually
or consistently shown that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly, commonly, habitually or consistently
features persons who appear, in person, in a state of nudity or seminudity,
and/or live performances that are characterized by the exposure of
specified anatomical areas or specified sexual activities.
Any regularly conducted commercial enterprise, venture or
undertaking carried on for profit or monetary gain and shall include,
but not be limited to, any regularly advertised, promoted, scheduled,
or reoccurring meeting, event, party, assembly or gathering for consideration.
The payment of money or the exchange of any item of value
for:
The right or privilege to enter any premises,
or any portion thereof; or
The right or privilege to remain on any premises,
or any portion thereof; or
The right or privilege to acquire, purchase,
utilize or consume goods, services or facilities offered or made available
to persons who enter, or remain on, a premises, or any portion thereof,
for purposes of engaging in or having the opportunity to engage in
live sex acts; or
The right or privilege to a membership permitting
the right to enter, or remain on, a premises, or any portion thereof.
The Chief of Police and such employee(s) of the Police Department
as he or she may designate to perform the duties of the Director under
this chapter.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association which furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary
business purposes for a fee, tip, or other consideration.
A play, skit, opera, ballet, concert, comedy, or musical
drama.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons for consideration.
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals, or vulva,
with less than a fully opaque covering; female breast with less than
a fully opaque covering of any part of the areola; or human male genitals
in a discernibly turgid state even if completely and opaquely covered.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
The real property upon which the sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including,
but not limited to, the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto.
[Amended 3-23-2009 by Ord. No. 2009-02]
Ongoing, continuous and repetitive. A business is regularly
conducted if its business advertising occurs on an ongoing repetitive
basis and its live sex acts, activities, events, meetings, or gatherings
occur more frequently than once annually.
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel provided the areola is not exposed in whole
or in part.
Sexual intercourse; oral contact (teeth, tongue and or lips)
with the penis, vulva, breast or anus; anal intercourse; touching
and/or fondling of the breast, anus, penis, scrotum, testicles, vulva,
clitoris, or vagina; manual masturbation; and/or the penetration into
the penis, vulva or anus by any part of the body or by any object,
machine or mechanism or bestiality (sex with or involving an animal).
Any premises, business, commercial enterprise or venture
which, in exchange for a fee or consideration and as one of its primary
or regularly conducted purposes or activities, provides facilities
in which one or more persons may view or participate in sex acts.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, sex act business or sexual encounter
center.
Less than completely and opaquely covered human genitals,
pubic region, buttock and female breast below a point immediately
above the top of the areola and human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Means and includes any of the following:
The fondling or the erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts, whether
covered or uncovered;
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory function as part of or in connection
with any of the activities set forth in (1) through (3) above.
For the purpose of determining whether a substantial
portion of an establishment includes an adult bookstore, adult entertainment
establishment, sexually oriented business or combination thereof,
the following factors shall be considered:
For the purposes of determining whether a bookstore
has a substantial portion of its stock in material defined in the
above subsection hereof, the following factors shall be considered:
The amount of such stock accessible to customers
as compared to the total stock accessible to customers in the establishment.
The amount of floor area and cellar space accessible
to customers containing such stock.
The amount of floor area and cellar space accessible
to customers as compared to the total floor area and cellar space
available for such stock.
C.
Zoning districts. Adult bookstores, adult entertainment
establishments and sexually oriented businesses may be established
in the M-1 District and M-2 District only and subject to the requirements
hereinafter set forth.
D.
Location. The following requirements shall apply to
and be complied with by all adult bookstores and adult entertainment
establishments:
(1)
It shall be unlawful to hereafter establish any adult
bookstore, adult entertainment establishment or sexually oriented
business within 500 feet of any building containing one or more dwelling
units or boardinghouse units located in the R-1, RH-1, R-2, RH-2,
R-3, C-1, C-2, C-3, C-4, C-5 and I Zoning Districts. The five-hundred-foot
separation shall be measured from the parcel's New York State coordinate
locator number, as it is identified on the Schenectady County Real
Property Tax Maps, to any building, accessory structure, sign, dumpster,
access driveway or parking area utilized by the adult bookstore and/or
adult entertainment establishment.
(2)
It shall be unlawful to hereafter establish any adult
bookstore, adult entertainment establishment and/or sexually oriented
business within 300 feet of a property line of any other adult bookstore
and/or adult entertainment establishment and/or sexually oriented
business.
(3)
It shall be unlawful to hereafter establish any adult
bookstore, adult entertainment establishment and/or sexually oriented
business within 1,000 feet of the property line of any nursery school,
day-care center, primary or secondary public, private or parochial
school, library, park (excluding bike or hiking trails) or playground
and/or within 500 feet of the nearest property line of any church,
convent, monastery, synagogue or other place of worship. The distance
shall be measured from the property line to any building, accessory
structure, sign, dumpster, access driveway or parking area utilized
by the adult bookstore, adult entertainment establishment and/or sexually
oriented business.
E.
Penalties. In addition to the penalties specified by Article XVIII of this chapter, violation of this section is punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months, or by both fine and imprisonment. Each day during any portion of which any violation of this section is committed, permitted or continued shall constitute a separate offense. In addition to these penalties, the City may institute any appropriate action or proceedings to correct or abate such violation.
F.
Termination of adult bookstores or adult entertainment or sexually oriented businesses. In all districts where adult bookstores, adult entertainment establishments or sexually oriented businesses are not a permitted use, a nonconforming adult establishment shall terminate within one year from the effective date of this amendment or from such later date that the adult bookstore or entertainment establishment becomes a nonconforming use, except that such establishment may be continued for a limited period of time by the Board of Zoning Appeals pursuant to § 264-101G, Amortization of adult bookstores, adult entertainment establishments and sexually oriented businesses.
G.
Amortization of adult bookstores, adult entertainment
establishments and sexually oriented businesses.
(1)
The Board of Zoning Appeals may permit any nonconforming
adult bookstore, entertainment establishment, sexually oriented businesses
or any nonconforming accessory business use to continue for a limited
period of time beyond that provided for in this chapter, provided
that:
(a)
An application is made by the owner of such
establishment to the Board of Zoning Appeals at least 120 days prior
to the date on which such establishment must terminate.
(b)
The Board shall find, in connection with such
establishment, that:
[1]
The applicant had made, prior to the nonconformity,
a substantial financial expenditure related to the nonconformity;
and
[2]
The applicant has not recovered substantially
all of the financial expenditures related to the nonconformity; and
[3]
The period for which such establishment may
be permitted to continue is the minimum period sufficient for the
applicant to recover substantially all of the financial expenditures
incurred related to the nonconformity.
(2)
For the purposes of this section, "financial expenditures"
shall mean the capital outlay made by the applicant to establish the
adult establishment exclusive of the fair market value of the building
in which such use is located and exclusive of any improvements unrelated
to the nonconforming adult entertainment establishment.
H.
Exemptions.
(1)
This section shall not apply to the following:
(a)
A proprietary school, licensed by the State
of New York, a college, junior college, or university supported entirely
or partly by taxation;
(b)
A private college or university that maintains
and operates education programs in which credits are transferable
to a college, junior college, or university supported entirely or
partly by taxation.
(2)
Notwithstanding any other provision in this section,
movies rated G, PG, PG-13, or R by the Motion Picture Association
of America (MPAA), or live theatrical performances with serious artistic,
social, or political value, that depict or describe specified anatomical
areas or specified sexual activities, are expressly exempted from
regulation under this section.
A.
Authorization. Ancillary parking areas may be permitted in the R-2 and R-3 Residential Districts subject to the issuance of a special permit as provided in Article XIV of this chapter and in full compliance with the standards and requirements of this section.
B.
Standards and requirements. All ancillary parking
areas located in the R-2 and R-3 Residential Districts shall comply
with the following:
(1)
Ancillary parking areas shall be used exclusively
for the parking of passenger vehicles.
(2)
No commercial repair work or service of any kind shall
be conducted in any ancillary parking area.
(3)
No ancillary parking area shall be used for display
or storage of vehicles, goods or materials.
(4)
Every ancillary parking area shall be contiguous to
the lot on which the principal use, being served by the ancillary
parking area, is situated.
(5)
No sign of any kind, other than designating entrances,
exits and conditions of use, shall be maintained on any ancillary
parking area.
(6)
Ancillary parking areas shall be subject to the applicable provisions of Article VI of this chapter relating to off-street parking.
(7)
No ancillary parking area shall be constructed or
established nearer than 15 feet to any residentially zoned property.
Where the operation of any establishment requires
the overnight on-site exterior storage or parking of more than 10
motor vehicles or the use of more than 10% of the total lot area for
storage or activities not located within a completely enclosed building
or structure, a special permit is required.
A.
Purpose. The standards and regulations of this section
are designed to protect and maintain the character of established
residential neighborhoods while recognizing that certain professional
and limited business activities have traditionally been carried on
in residential dwellings. Further, the standards in this section are
intended to ensure the clearly incidental or secondary status of the
home occupation in relation to the residential use of the principal
building as the criteria for determining whether a proposed accessory
use be qualified as a legal home occupation.
B.
Where permitted. Subject to the standards and requirements
of this section, one home occupation is permitted in any residential
dwelling unit or structure accessory thereto.
C.
Use limitations. In addition to all of the use limitations
applicable to the district in which it is located, no home occupation
shall be permitted unless it complies with the following restrictions:
(1)
No more than one person who is not a resident on the
premises shall be employed.
(2)
No more than 25% or 400 square feet of the combined
area of the principal building and accessory building, whichever is
less, shall be devoted to the home occupation.
(3)
No alteration of the principal residential building
shall be made which changes the character and appearance thereof as
a dwelling.
(4)
No stock-in-trade shall be displayed or sold on the
premises.
(5)
The home occupation shall be conducted entirely within
the principal dwelling unit or in a permitted private garage accessory
thereto, and in no event shall such use be apparent from any public
way.
(6)
There shall be no outdoor storage of equipment or
materials used in the home occupation.
(7)
No mechanical, electrical or other equipment which
produces noise, electrical or magnetic interference, vibration, heat,
glare or other nuisance outside the residential or accessory structure
shall be used.
(8)
No home occupation shall be permitted which is noxious,
offensive or hazardous by reason of vehicular traffic, generation
or emission of noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare, refuse, radiation or
other objectionable emissions.
(9)
In no case shall such use generate more than two additional
nonresidential vehicle round trips in any one-hour period or 10 in
any eight-hour period.
D.
Prohibited home occupations. Permitted home occupations
shall not, in any event, be deemed to include:
(1)
Nursing homes, clinics or hospitals.
(2)
Antique or furniture shops.
(3)
Barbershops, hair stylists or beauty salons.
(4)
Funeral homes, mortuaries or embalming establishments.
(5)
Restaurants.
(6)
Private clubs or lodges.
(7)
Stables, kennels or animal hospitals.
(8)
Boardinghouses or tourist homes.
A.
Purpose. In those areas of the City characterized
by large residential buildings located along major thoroughfares or
in areas with a predominate mixture of offices and residential uses,
the City may authorize such office use, provided that the scale, design
and nature of the use does not adversely affect or materially degrade
the quality of the surrounding area for residential use.
B.
Authorization. Professional offices may be permitted in the R-2, RH-2 and R-3 Residential Districts, subject to the issuance of a special use permit as provided in Article XIV of this chapter and in compliance with the standards and requirements of this section.
C.
Standards and requirements. All professional offices located in the R-2, RH-2 and R-3 Districts shall comply with the standards of § 264-99 and the following requirements:
(1)
Use of professional offices shall be restricted to
the practice of a profession by a physician, dentist, psychiatrist,
lawyer, engineer, accountant, insurance agent, real estate broker,
teacher or member of a similar profession; provided, however, that
there shall be no overnight boarding of patients or clients associated
with such professional office use.
(2)
Professional offices may have up to six employees, including professionals, on the premises at any one time if off-street parking is provided in compliance with § 264-105C(4). If the applicant is unable to provide off-street parking in compliance § 264-105C(4)(a), then the Planning Commission may limit the number of employees permitted to work in a professional office.
(3)
The floor area in professional office use of the building
or buildings on any lot, divided by the lot area of such lot, shall
not exceed 0.3; provided, however, that in no case shall the floor
area in a professional office use exceed 3,000 square feet on any
one lot in a residential district.
(4)
Off-street parking.
(a)
Provision of off-street parking. Each new professional office shall provide off-street parking in compliance with the following standards and designed in compliance with Article VI of this chapter, except as hereinafter provided. The provision of off-street parking in compliance with the following regulations shall be deemed adequate parking for a professional office in a residential district:
[1]
Parking for professionals and employees. There shall be one space for each employee based upon the maximum number on site at any one time, up to a maximum of six spaces of off-street parking for employees and professionals as limited by § 264-105C(2).
[2]
Parking for clients.
|
Spaces
|
Client Visits per Day
|
|---|---|
|
1
|
1 to 16
|
|
2
|
17 to 24
|
|
3
|
25 to 32
|
|
4
|
33 to 40
|
|
5
|
41 to 48
|
|
6
|
49 to 56
|
|
1 additional space per 8 client visits
|
(b)
No off-street parking area accessory to a professional
office shall be located in the front yard of any lot. The Planning
Commission shall review the parking design to ensure that the nature
of its use and layout will minimize potential adverse impacts on neighboring
residential properties. All off-street parking shall provide an eight-foot
buffer which is landscaped and screened in a manner which largely
obscures the parking from neighboring residential properties. No parking
area shall be established closer than eight feet to any lot line.
(5)
The professional office use of existing residential
buildings shall not involve external alterations which would cause
the premises to differ from its residential character either by use
of color, materials, construction or lighting.
[Amended 9-12-2011 by Ord. No. 2011-15]
Gasoline sales and service stations may be permitted subject to the issuance of a special permit as provided in Article XIV and subject to the additional requirements hereinafter set forth:
A.
Side and rear yards. Side and rear yard setbacks shall
be not less than 10 feet in width.
B.
Screening and landscaping. Screening and/or landscaping
shall be provided along all lot lines abutting a side or rear lot
line of any residentially zoned or developed property in a manner
which largely obscures the gasoline service station and accessory
parking areas from all points located on such residential property
when viewed from the ground level.
C.
Location of operations. No repairs, other than minor
motor vehicle repairs, shall be performed on the premises, and all
such repairs shall be performed only within the principal building
on the premises as an incidental use.
D.
Number of spaces. The number of service spaces permitted
shall be limited to a maximum of four.
E.
Major repairs. No building, structure or area permitted
as a gasoline service station shall be used for major motor vehicle
repairs unless such use and operation is expressly authorized by special
permit.
F.
Parking improvements. The entire parking and service
area shall be paved. Side and rear yards shall be landscaped and separated
from paved areas by a curb, low wall or other barrier.
G.
Materials and refuse. No open-air outdoor storage
of materials, merchandise and equipment shall be permitted during
nonbusiness hours. Storage of materials, merchandise and equipment
during nonbusiness hours shall take place within the principal building
or within closed, secure containers, such as outdoor storage cabinets.
Refuse and trash may be stored outdoors at all times only if placed
in enclosed containers located in an area screened from view at all
points on any public or private property or street when viewed from
ground level.
[Amended 3-23-2009 by Ord. No. 2009-02]
H.
Storage of vehicles. No more than five motor vehicles,
including partially dismantled or wrecked vehicles, shall be stored
at one time in any open area at a gasoline service station, provided
that the outdoor storage of a specific motor vehicle shall not exceed
30 days.
[Amended 3-23-2009 by Ord. No. 2009-02; 9-12-2011 by Ord. No. 2011-15]
Motor vehicle repair and auto body repair may be permitted subject to the issuance of a special permit as provided in Article XIV and subject to the additional requirements hereinafter set forth:
A.
Side and rear yards. Side and rear yards shall be
not less than 10 feet in width, however there is no minimum required
setback along a property line that abuts a parcel in the M-1 and M-2
Districts.
B.
Screening and landscaping. Screening and/or landscaping
shall be provided along all lot lines abutting a side or rear lot
line of any residentially zoned or developed property in a manner
which largely obscures the repair operations and stored material,
vehicles and equipment from all points located on such residential
property when viewed from the ground level.
C.
Location of operations. All repairs shall be performed
within the principal building on the premises.
D.
Parking improvements. The entire parking area shall
be paved. Side and rear yards shall be separated from paved areas
by a curb, low wall or other barrier.
E.
Storage of vehicles. No more than five motor vehicles,
including partially dismantled or wrecked vehicles, shall be stored
at one time in an open area at a motor-vehicle-repairing establishment,
provided that the outdoor storage of a specific motor vehicle shall
not exceed 30 days.
F.
Materials and refuse. All permanent storage of materials,
merchandise and equipment shall be within the principal building,
with the exception of refuse and trash, which shall be stored in closed
containers and in an area screened from view at all points on any
public or private property or street when viewed from the ground level.
[Amended 3-23-2009 by Ord. No. 2009-02]
Public utility substations, facilities and structures
are subject to the following requirements:
A.
Appearance. All aboveground public utility buildings
and structures shall either have exteriors which give the appearance
of a structure permitted in the district where located or shall be
surrounded by fencing, screening and/or landscaping to largely obscure
such use from view of abutting properties and from public rights-of-way.
B.
Fencing. All such uses shall be fenced where any hazard
to human life or safety is present.
[Amended 3-23-2009 by Ord. No. 2009-02; 9-12-2011 by Ord. No. 2011-15]
No freestanding satellite dish shall be located in the front
yard or between the house and any street line of any residential dwelling.
All satellite dishes must be removed within 30 days of the discontinuation
of use.
[Amended 3-23-2009 by Ord. No. 2009-02]
A.
No self-service storage warehouse structures shall
be located within 100 feet of a lot line of any residentially zoned
or developed property.
B.
No individual storage compartments shall exceed 8,000
cubic feet.
C.
Landscaping shall be provided along all lot lines,
in a manner which will largely obscure the use and its operation when
viewed from ground level.
D.
All lighting shall be directed toward and illuminate
the site only and shall not intrude on any residentially zoned or
developed property.
E.
On-site parking shall comply with all parking design requirements of Article VI of this chapter and shall provide one space of parking per employee and one space per 20,000 square feet of gross building area.
F.
Circulation drives and aisles shall be a minimum of
24 feet in width, and all corners shall provide a thirty-foot turning
radius to provide adequate access for fire-fighting vehicles.
[Amended 3-23-2009 by Ord. No. 2009-02]
A.
Purpose. These standards are intended to increase
the opportunity for homeownership by allowing townhouses in areas
of the City where residential uses are encouraged. The purpose of
providing standards for townhouse development is to:
(1)
Ensure that new development conserves the livability
of neighborhoods.
(2)
Ensure that the size and scale of new development
complements existing structures in the surrounding neighborhood.
(3)
Ensure a physical and visual connection between dwelling
units and the street in order to enhance public safety.
(4)
Ensure opportunities for individually owned housing
in two-family dwelling and multifamily dwelling zoning districts.
C.
Off-street parking. Off-street parking standards shall be met according to Schedule F of Article VI, Off-Street Parking and Loading.
D.
Accessory uses and structures. The accessory uses and structures standards of § 264-29 shall apply.
E.
Site design standards.
(1)
(2)
Building design standards.
(a)
Each dwelling unit must have a separate front,
ground-level entrance, which is clearly defined and highly visible
on the building facade that faces a public street or right-of-way
other than an alley. The front door shall not be set back from the
front facade.
(b)
Each front entrance must include a nonenclosed
porch or covered entry that may extend up to eight feet into the required
front yard setback. A pedestrian walkway must connect each front entrance
to the street or driveway. A door that leads directly into a garage
does not qualify as a front entrance.
(c)
Attached dwelling units must be designed to appear as different buildings. This can be achieved through differences in the articulation and modulation of each building as described in Subsection E(2)(c)[1] and [2] below.
[1]
Articulation is the variation in building mass
through the use of stepbacks, setbacks, diminishing upper-floor areas,
and/or projecting roof overhangs.
[2]
Modulation may be achieved through: recessed
or projecting wall offsets; entryways; porch or canopy structures,
including columns or piers; balconies; dormers; bay windows or other
prominent features.
(d)
Construction must comply with landscaping standards.
[Added 1-13-2014 by Ord.
No. 2014-02]
A.
A "halfway house," for purposes of this section, is defined as any
facility for the housing, rehabilitation, and/or training of persons
on probation, parole, or early release from correctional institutions,
or other persons found guilty of criminal offenses.
B.
Any halfway house shall be subject to the following regulations:
(1)
No more than 15 residents are permitted in a halfway house.
Halfway houses may only be located in a C-2 (Mixed-Use Commercial)
or a C-5 (Business) District and may not be contiguous to any residentially
zoned properties, public parks and recreational facilities, child-care
facilities, and public or private schools.
(2)
A halfway house may not be located within 200 feet of another
halfway house.
(3)
A halfway house must acquire a special use permit. Periodic
review periods may be established as part of the special use permit.
(4)
The treatment of individuals with alcohol addiction, narcotic
addiction, or psychiatric conditions is allowed under this use if
expressly permitted by the special use permit.
(5)
Halfway houses must be located within 1,200 feet of mass transit
service.
(6)
Notice requirements.
(a)
There shall be a notification area of 500 feet of the proposed
facility. In order to provide this notice, the City shall, using reasonable
efforts, notify all property owners within the notification area of
the proposed halfway house and provide an opportunity for said property
owners to attend a meeting to discuss plans and issues. The costs
of providing said notice, including equipment, materials, and mailing
costs, shall be added to the fee charged for the special use permit
application. Said meeting(s) shall be held at least 30 days prior
to the filing of an application for the required special use permit.
A halfway house special use permit application must include evidence
of said meetings between the applicant and property owners within
the notification area. Evidence of meetings must include records reflecting
the dates of the meetings, the individuals or organizations involved,
and the issues discussed and resolved.
(b)
Any notice required by this section shall forthwith be provided
to the City Clerk. The City Clerk shall forward the notice to the
members of the City Council as soon as practicable thereafter.
(7)
Signs identifying a use as a halfway house are not permitted.
(8)
Halfway house premises must be properly maintained in good condition
at all times.
(9)
A proposed halfway house must provide a designated outdoor smoking
area satisfactory to the Planning Commission. In addition, a halfway
house must have a policy which prohibits smoking outside this designated
area.
(10)
A security plan must be submitted with an application for the
special use permit for a halfway house. The security plan must demonstrate
compliance with any applicable statutes, rules or regulations and
shall provide satisfactory protection from relevant security risks.
The security plan must be on file with the Schenectady Police Department
and Schenectady Fire Department. In addition, a compliance report
must be submitted to the Commissioner of Public Safety every year.
(11)
The halfway house shall acquire and maintain a policy of insurance
with coverage of at least $500,000 to provide restitution to any victim
of a crime committed by one of the halfway house residents while said
resident was residing at the halfway house. Said restitution shall
be paid within 20 days of the date of the defendant's conviction,
either after trial or by entry of a plea of guilty to the crime or
a lesser included offense. A copy of said policy shall be provided
to the City of Schenectady within 30 days of the issuance of the special
use permit, or prior to the halfway house opening, whichever is earlier.
Any special use permit granted will be conditional upon receipt of
the proof of insurance.
(12)
The halfway house shall maintain off-street parking spaces sufficient
to accommodate the greatest number of staff that will be on site at
any one time, plus one.
(13)
Measurements of distance under this section are taken radially.
"Radial" measurement means a measurement taken along the shortest
distance between the nearest point of the building site of the halfway
house and the nearest point of the building site of another use, or
of a zoning district boundary.
C.
Any halfway house in operation prior to the effective date hereof must apply within one year for and acquire the special use permit specified above. If there are provisions herein with which the applicant is unable to comply without substantial expense or difficulty, the applicant will be exempt from all such provisions except those in Subsection B(7), (8) and (10) above.
D.
This section shall become effective immediately.
