CITY OF ALBANY M AYOR : K ATHY M.

S HEEHAN
N E W Y O R K D IRECTOR : C HRISTOPHER P. S PENCER

DEPARTMENT OF PLANNING AND DEVELOPMENT

CHANGES TO THE USDO

THE FOLLOWING REPRESENT MAJOR OR SUBSTANTIVE CHANGES THAT HAVE BEEN MADE TO THE UNIFIED
SUSTAINABLE DEVELOPMENT ORDINANCE DRAFT AS OF APRIL 17, 2017.

1. The following was added to the district standards for the R-M (Residential Multifamily) and MU-CI (Mixed-
Use Campus Institutional districts:
All portions of each primary structure located within 50 feet of a lot boundary abutting an R-1L or R-1M
district is limited to three stories.

2. The following was added to the district standards for the R-V (Residential Village) district:
No structure that is within 500 feet of an R-1L or R-1M district shall exceed three stories in height.

3. The following language was added to the MU-NE (Mixed-Use Neighborhood Edge) district standards
regarding signage:
Conversions of a residential structure to a nonresidential use shall be done so that the structure is
indistinguishable from a structure containing a residential use, except for permitted signage. Signage for such
buildings shall be limited to four square feet and shall not be illuminated.

4. The Following language was added to the MU-CU (Mixed-Use Community Urban) and MU-CH (Mixed-Use
Community Highway) districts regarding building heights in relation to R-1L and R-1M districts:
General: 5 Stories
Within 100 feet or R-1L or R-1M district on portions of lots more than 200 feet in depth: 3 Stories

5. Minimum rear yard setback requirement for the MU-CH district increased from 16 to 20 feet.

6. Dwelling, Multi-family and Dormitory were changed from permitted to conditional uses within the MU-FM
(Mixed-Use Form-Based Midtown) district.

7. General retail was changed from a permitted to conditional use in the MU-NE (Mixed-Use Neighborhood
Edge) district.

8. Towers were added as conditional use in I-1 (Light Industrial) district and changed from permitted to
conditional in the I-2 (General Industrial) district.

9. Specific Use Standards for Vehicle Fueling Station revised to state if such use includes convenience retail
activities, it shall not be subject to separation distance requirements application to Convenience Retail.
If this use includes convenience retail activities, it shall be subject to those use-specific standards in Section
375-3(C)(4)(f)(ii) (Convenience Retail) except that any required separation distance from a Convenience Retail
use shall not apply.

200 HENRY JOHNSON BOULEVARD | A L B A N Y, N E W YO R K 1 2 2 1 0 | 518.434.5262

 SUBSTANTIVE CHANGES TO USDO
AS OF: APRIL 18, 2017

10. Specific use standards for Agriculture, Urban were revised to prohibit greenhouses and the operation of
power equipment or generators (other than on a temporary emergency basis) in all residential zone
districts.
Greenhouses are not permitted in the Residential zone districts.
Operation of power equipment or generators is not permitted in the Residential zone districts other
than on a temporary emergency basis, or for routine maintenance.

11. Size limit of 10,000 sq. ft. applicable to personal or business service use in the MU-NE and MU-NC districts
was removed.

12. Specific use standards applicable to Trash Storage, Outdoor expanded to apply to multi-family buildings
with more than four, rather than ten, units.

13. Limited areas where mobile venders may locate along the perimeter of approved off-street parking areas
or undeveloped lots to nonresidential zone districts that have been vacant in excess of two years.

14. Added provision stipulating that only one principal structure is permitted per lot in certain residential districts.

15. Expanded provision for accessory structures to be set back a minimum of two feet from side and rear lot
lines in all districts.

16. Incentive provisions no longer apply to R-V district and have been clarified to state that only one of the
incentives may be used on a single lot or parcel.

17. Clarified that curb cuts serving driveways used to access individual single-family detached, two-family
detached, and townhouse residential lots (which shall not exceed 12 feet) shall not widen to a width
greater the garage or parking area they are being used to access.

18. Permitted size for temporary signs or banners reduced from 50 square feet to 20 square feet in mixed-use
and special purposes zone districts, excepting time where any new principal structure is being constructed
on the lot.

19. Removed prohibition on wall signs above the second floor of a building.

20. Requirement added that freestanding signs be placed perpendicular the street fronting a property.

21. Added provision for review of sign permits, and removed provision for review of stormwater, grading and
erosion permit by Chief Planning Official.

22. Added published notice requirement for Conditional Use Permits; added posted notice requirement for
Major Certificates of Appropriateness; added mailed notice requirement for Design Review of Tall
Buildings.

23. Added section referencing General Municipal Law 239-nn referral requirements.

24. Added provision allowing a Curb Cut Permit to be revoked by the City.

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 SUBSTANTIVE CHANGES TO USDO
AS OF: APRIL 18, 2017

25. Revised regulation pertaining to Subdivision of land to be consistent with existing subdivision regulations
allowing for administrative approval for subdivisions of four or fewer lots.

26. Added review criteria for Major Development Plan review:

Will not create significant adverse impacts on the surrounding neighborhood, or any significant adverse
impacts will be limited to a short period of time;

Will not create risks to public health or safety;

27. Revised time frame within which the Historic Resources Commission shall make a decision from 45 to 60
days. The Commission shall make a decision within 60 days of the determination that the application is
complete, In the event that no decision is made by the Commission within the allotted time, the permit
may be issued by the Chief Planning Official without a decision of the Commission

28. The Following Provisions for initial six-month and annual code review have been added.
SIX MONTH REVIEW: Following its initial effective date of June 1, 2017, the USDO shall undergo a six-month
evaluation period. During the six-month period, Planning Staff will compile a list of any concerns or
unintended consequences that may arise through the application of the USDO to specific projects, building
permit applications, and public comment. After such review, if the Chief Planning Official finds sufficient
grounds for amending the code, it shall beamended pursuant to this Section 375-5(E)(24) (Amendments to
Zoning Map or USDO Text).

ANNUAL REVIEW: Following the six month review described in subsection (i), the Chief Planning Official shall
deliver to the Common Council at least once each calendar year a report that shall include, at a minimum:
A. A list of all Area Variance Applications and their status;
B. A list of all Use Variances and associated decisions (i.e., approved, approved with conditions, denied);
C. A list of all Conditional Use Permits andtheir status;
D. A list of all projects reviewed under Development Plan Review and theirstatus;
E. A list and totals of any approved Accessory Dwelling Units
F. A list and totals of any units produced under the affordable housing incentives in Section 375-4(A)(4)(c);
G. The status of any inclusionary housing or other housing market studies as well as any recommendations
for modifications of the affordable housing provisions in this USDO based on such studies; and
H. A memorandum identifying any text or mapamendments that the Chief Planning Official intends to
submit to the Planning Boardunder this Section 375-5(E)(24) (Amendments to Zoning Map or USDO Text).
These recommended text amendments or map changes may be based on feedback from applicants, new
technology, advanced zoning tools, or to further advance the goals of the Comprehensive Plan, as that
Plan may be amended from time to time.

29. Definitions added for the following:

AREA OF DISTURBANCE;
DEVELOPMENT PLAN;
DEVELOPMENT PLAN REVIEW;
GENERAL CITY LAW;
PEAK DISCHARGE RATE;
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 SUBSTANTIVE CHANGES TO USDO
AS OF: APRIL 18, 2017

PRE-DEVELOPMENT CONDITION;
PRINCIPAL BUILDING;
TEMPORARY SIGN;
TEN-YEAR STORM; and
UNDEVELOPED SITE CONDITION.

30. Definitions revised for the following:

CHIEF BUILDING OFFICIAL; and
CHIEF PLANNING OFFICIAL

31. New Section 375-7 added to ensure that current application fees continue in effect and adequate fees are
charged to cover staff review costs for applications until the Administrative Manual containing application
fees is finalized.

32. The following changes were made based on recommendations from the Planning Board, see also Planning
Board Resolution.
Section 375-3(C)(4)(h)(i) revised as follows:After [Effective Date of USDO] no new Convenience Retail use
shall be located within 500 1000 feet of an existing Convenience Retail use.

Section 375-4(I)(5)(ii)(A)(3)(a) revised as follows: Does not change images or symbols more than eight four
times each minute, and each change of image takes place in less than one second.

Section 375-4(A)(4)(c) revised as follows: New residential or mixed-use development or redevelopment of a

site in which at least 20 percent of all new dwelling units are rent or deed restricted so that they are affordable
to households earning no more than 80 percent of the area median household income (AMI) for the Albany
metropolitan area City of Albany shall receive the following benefits:

The Following Map Changes Were Made:

Prior New
Property
District District

1 Boice Street MU-CI R-1M

331 Delaware Avenue MU-NC MU-NE

66 Hackett Boulevard MU-CU MU-NE

809 Old South Pearl Street MU-CI R-1M

363 Ontario Street MU-CU MU-NC

365 Ontario Street MU-CU MU-NC

451 Southern Boulevard

MU-CI R-T
(100 feet of frontage abutting Old South Pearl Street)

650 Warren Street MU-CU MU-NC

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