UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE REVIEW AND AMENDMENTS

1. UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE REVIEW AND AMENDMENTS APRIL 10, 2019

2. HOW WE GOT HERE JANUARY 2010 APRIL 2012 ALBANY 2030 COMPREHENSIVE PLAN Led by nationally recognized consultant (Wallace Roberts & Todd) Funded through NYSDOS Quality Communities, NYSDEC Brownfield Opportunity Areas, ALDC/ACDA matching funds +/- $500,000 budget UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE (USDO) OCTOBER 2015 MAY 2017 Led by nationally recognized consultant (Clarion Associates) Funded through NYSERDA Cleaner Green Communities II, bonded funds +/- $700,000 budget USDO IMPLEMENTATION AND REVIEW DECEMBER 2017 Led by Planning Department staff Funded through in-kind staff hours Limited remaining USDO funds to complete codification by General Code, other small tasks Based upon firsthand experience processing hundreds of applications

3. Major Themes Copyediting and Renumbering USDO has been fully copyedited by the editorial staff at General Code Adoption of recommended renumbering scheme Reorganizational Changes Content relocated from one section of the code to another Content itself is largely unchanged Content Clarification Clarifications to poorly articulated or contradictory passages Failure to adequately define a term or convey a statement Inadvertent Errors and Omissions Unintended errors or omissions contrary to the intent of the code Corrective measures as opposed to policy changes. Content Modifications Go beyond corrective or interpretive measures Represent definitive policy changes Generally derived from our experiences using the code; some exceptions

4. Renumbering Copyediting & Preparation for Online Codification

5. Content Relocation Use Specific Regulations Use-specific content appearing in District Standards sections has been moved to Use-Specific Standards. Additional detail is included in the next slide. Preexisting Use Regulations Standards pertaining to preexisting uses in the R-T district have been moved to Section 375-506 (Preexisting Development and Nonconformities). Hours of Operation Regulations Hours of operations standards have been removed from District Standards sections and consolidated in Section 375-410 (Operating, Hours of Operation and Maintenance). District Plan Regulations District Plan Regulations have been removed from District Standards sections and consolidated in new Section 375-401(4) (Dimensional Standards Applicable to District Plans).

6. Permitted Use Table Relocation of Use Content from District Standards Use-restrictive content removed from District Standards sections and moved to Use Specific Standards. Code user no longer needs to review both the Use-Specific Standards and District Standards to see if the use is allowed. Standards are often overlooked under current arrangement, resulting in confusion and disappointment. “L” (Limited) Use Designation Limited Use designation added as a cautionary tool. Use may be allowed in a zone district, but only under specific circumstances. An extra reminder to read the Use Specific Standards. “V” (Vacant) Use Designation Remove as unnecessary and limited in application. Content merged with general standards applicable to unusual structures in Use Specific Standards. Would appear in table as an “L” use.

7. Clarification of Content Section 375-407(4)(g): Building design standards. Fenestration. (ii) Window replacements shall match, to the greatest extent practicable, existingthe original window size, style, and configuration. Section 375-504(6)(v): Scheduling and Notice of public hearings and public. Posted Notices. D. Posted notices shall be placed at least 10 days prior to the public hearing or initial public meeting to be conducted on the application. Section 375-505(9): Specific procedures. Curb CutRight-of-Way Access Permit. a. This section applies to all development or redevelopment projects or activities that require the creation of a new curb cut right-of-way access location or the relocation of an existing curb cutaccess location on a public right-of-way. Section 375-5(E)(12): Major Development Plan Review. Applicability. (vi) All conversions ofInternal renovations to an existing nonresidential structurebuildingto a residential use containingresulting in the creation of 20 or more dwelling units.

8. New and Modified Retail, Food and Beverage Definitions BAR, TAVERN OR LOUNGE Modified from the original designation “Bar or Tavern” to encompass hookah, vaping and cigar lounges. LIMITED SERVICE CAFÉ Added to distinguish an “establishment that serves deli sandwiches, a bagel shop, a donut shop, a coffee or tea shop, or an ice cream parlor” from a full-service restaurant establishment. RESTAURANT Modified to specify that the use has a full kitchen and that any retail products sold shall be secondary to the sale of food. RETAIL, CONVENIENCE Revised to qualify uses for which “less than 50% of revenues are from the sale of fresh (non-processed) food and vegetables” and that the “use may serve prepared foods or beverages to be consumed on or off the premises, but such service shall be secondary to retail sales.” RETAIL, GENERAL Revised to clearly distinguish from other uses. RETAIL, SPECIALTY Revised to clearly distinguish from Retail, Convenience and to disqualify uses for which “between 10% and 80% of revenues are from alcohol and tobacco sales.”

9. Signage Signage for Multi-Tenant Buildings Signage allowances now provided for buildings or properties with multiple users As drafted, allowable square footage is divided amongst all the uses upon the property resulting in extremely small allowances Electronic and Manually Changeable Copy Proposed allowance for up to 20% digital sign copy for commercial uses in all districts Currently limited to MU-NC, MU-CU, MU-CH and special purposes districts Freestanding Signage Maximum allowable height of freestanding signs in MU-CH and MU-CI decreased from 25 feet to 12 feet Exception for Central Avenue between King Avenue and the City line Definitions of On-Premises and Off-Premises Sign Oversight not to include in original code drafting

10. Changes to Demolition Regulations Exceptions for Albany County Land Bank Chief Planning Official given authority to approve Demolition applications filed by ACLB; may forward to the Planning Board as necessary. Most affected buildings are seriously dilapidated. Review process can be unnecessarily time consuming. Exemptions for Small Accessory Structures Minor Development Plan removed for demolition of small accessory structures, partial demolitions and industrial buildings. Process is too onerous in most cases. Minimum standards for Treatment of Vacant Lots Erect a fence between five and six feet in height, and not exceeding 50% opacity around the perimeter of the lot. Property shall be reconditioned and seeded with grass seed. Abandoned access driveways and curb cuts shall be replaced.

11. Mobile Vending Current Allowances Allowable as a temporary use in the MU-CU, MU-CH, MU-DT, MU-CI, MU-FW, MU-FS, MU-FC, MU-FM, I-1, I-2 and LC districts. May locate along the perimeter of approved off-street parking areas or upon undeveloped lots that have been vacant in excess of two years. Must have the written consent of the property owner. Mobile vendors that serve food or drinks shall be required to obtain a permit from the Albany County Department of Health. Waste receptacles shall be provided and waste shall removed daily. Outdoor seating may not be permanently installed. Proposed Changes Clarify that a Conditional Use Permit is required if a Mobile Vendor has been operating at a single location for 30 consecutive days. Impose hours of operation so as to not allow competitive advantage over brick and mortar establishments. Broaden allowance to include MU-NC district

12. Building Height Regulations Removal of 1/2 story In Commercial Districts Half stories uncommon in modern commercial and mixed-use construction Revise maximum height in MU-NC and MU-CH districts Industrial District Story Height Story heights for industrial buildings can deviate from traditional norms Add maximum feet dimension in addition to number of stories Reduction of Base Height Allowance in MU-CI Base height allowance to be reduced from 8.5 stories to 5 stories. Taller building may be allowed through approval of a District Plan. Suspension of Green Roof / Blue Roof Incentive Has been far and away the most utilized of the incentive allowances. Suspend to refine as well as test the effectiveness of other existing incentives.

13. Accessory Dwelling Units Definition A residential unit that is located on the same lot as a single-family dwelling unit, either internal to or attached to the single-family unit or in a detached structure. The accessory dwelling unit is a complete housekeeping unit with a shared or separate entrance, and separate kitchen, sleeping area, closet space, and sanitation facilities. Purpose and Intent Add affordable units to the existing housing inventory. (Washington, Vermont, New Hampshire, California) Provide homeowners with a means of obtaining, through tenants in either the accessory dwelling unit (ADU) or the principal unit, rental income, companionship, security, and services. (Washington, California) Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle. (Washington) To expand the supply of housing without further land development, as well as to encourage efficient use of existing housing stock and infrastructure. (New Hampshire) Shortfall of meeting current and future housing demand with serious consequences for the state’s economy, our ability to build green infill consistent with state greenhouse gas reduction goals, and the well-being of our citizens, particularly lower and middle-income earners. (California)

14. Accessory Dwelling Units Limited to Owner Occupied Properties Property owner must occupy either the primary or accessory dwelling unit as primary residence. Maximum Size Allowance An ADU shall not exceed 800 square feet of gross floor area. Rental Restrictions Occupancy shall be for a minimum 30 consecutive days. Must have a valid Residential Occupancy Permit. Dimensional and Design Requirements Detached structure may not occupy more than 30% of the rear yard area and shall not exceed the height of the principal dwelling, or 24 feet, whichever is less. Attached units shall not add any additional street facing entrance and may not be accessed from a separate driveway. Not a Two-Family Dwelling NYS Tax Classification Code: 215 - Department of Assessment and Taxation must be notified within 30 days of approval.

15. Multifamily Allowance In R-T Zone Districts Compliance with Dimensional Standards The structure must comply with all minimum and maximum lot standards, setbacks and height requirements for the R-T District. Characteristic Façade Articulation The front façade of the structure must articulated to reflect the general width and design features of existing townhouse structures on the same block face. Reduced Density Allowance The total number of dwelling units cannot exceed 80% of the total units allowable if the lots were developed with townhouse dwellings Provision for Off-Street Parking On-site parking must be provided for at least 50% of the dwelling units.

16. Frontage Build-Out Regulations Definition The percentage of the width of a lot that is required to be occupied by its building’s façade. Not Acceptable

17. Types of Fences and Yards Current Fence Standards Corner Side Yards Infill Development Where the side or rear lot line of a lot abuts the side lot line of a developed lot with a front lot line abutting a perpendicular street, the corner side setback of the subject lot shall be no less than the average front setback of the abutting lot and next closest developed lot along the perpendicular street.. Exception for Fencing Where an existing principal or accessory structure on the subject or abutting lot exceeds the corner side yard setback requirement, walls or fences may exceed traditional fence allowances as long as they do not exceed the setback of the existing structure. Proposed R-1L Fence Standards Proposed R-1M Fence Standards Updated Fence Standards for Corner Side Yards in R-1M and R-1L Districts In R-1L and R-1M districts, fences shall not exceed six feet in height and shall not extend closer to the public right-of-way than the buildable area of the lot.

18. Administrative Changes Development Review Procedures Development Permit (removed) Tree and Vegetation Permit (removed) Temporary Use Permit (new procedure) Reviewing authorities clarified to reflect current practice Notice Procedures Lead time for published newspaper notice Mailed notice radius for Certificate of Appropriateness Notice of initial public hearing or meeting Development Standards Dimensional Standards Maximum impervious lot coverage regulation added in Form-Based districts Allowable impervious lot coverage increase from 30% to 35% in the R-1L district Design Standards Moderation of maximum allowable parking spaces Corner drive-thru prohibition revised to exempt MU-CH Parking Adjustment added for car share More flexibility added for driveway widths

19. LEARN MORE The proposed revised USDO can be viewed online is three formats: Proposed Revised USDO (Clean) Proposed Revised USDO (Full Track Changes) Proposed Revised USDO (Content Edits Only w/Commentary) An accompanying memorandum is also provided that summarizes the proposed changes. The memo will be periodically updated throughout the process. https://www.albanyny.gov/Government/Departments/PlanningandDevelopment.aspx