A.
District purpose. The district recognizes the Arlington
area as a unique blend of residential and business land uses in close
proximity to Vassar College. Land uses include established single-family,
two-family, and multifamily development in close proximity to neighborhood-scale
service and retail businesses within the Arlington area. An appropriate
mixture of land uses is permitted; nonresidential uses that complement
residential uses are encouraged. In addition, this district serves
the following specific purposes:
(1)
Promote a mix of commercial and residential uses.
(2)
Promote the prominent positioning of civic buildings
and central green spaces in order to enhance community identity and
public interaction.
(3)
Promote pedestrian activity through a safe and walkable
environment.
(4)
Minimize the visual impact of the automobile by managing
the placement and screening/landscaping of parking areas.
(5)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(6)
Encourage the development of both on-street parking
and shared parking areas between nearby uses.
(7)
Protect important natural and historic features.
(8)
Encourage the redevelopment and reuse of existing
structures.
B.
Permitted uses. Permitted uses shall be as follows
(Note: "*" designates a use which is subject to site plan approval
by the Planning Board):
[Amended 8-21-2019 by L.L. No. 5-2019]
(4)
*Art galleries.
(5)
*Bank and financial services.
(6)
*Bakeries.
(7)
*Bed-and-breakfasts.
(9)
*Delicatessens.
(10)
*Dwellings, two-family.
(11)
Dwellings, single-family.
(13)
*Laundries, laundromats.
(14)
*Libraries.
(15)
*Museums.
(16)
*Offices.
(17)
*Personal service businesses, no drive-in or
drive-through
(19)
*Retail businesses, no drive-in or drive-through.
(20)
*Service businesses, no drive-in or drive-through.
(21)
*Restaurants, no drive-in or drive-through.
(22)
*Supermarkets.
(24)
*Theaters.
C.
Special uses. Special uses shall be as follows (Note: "*" designates
a use which is subject to both special use permit and site plan approval
by the Planning Board; "+" designates a use that is subject to special
use permit approval by the Zoning Board of Appeals; "^" designates
a use that is subject to special use permit approval by the Town Board
and site plan approval by the Planning Board.):
[Amended 8-22-2012 by L.L. No. 16-2012; 7-19-2017 by L.L. No. 13-2017; 8-2-2023 by L.L. No. 9-2023]
(2)
*Adaptive reuse of existing residential structure for nonresidential
use.
(5)
*Clinics.
(11)
*Multifamily dwellings, new construction, and mixed residential
and nonresidential uses within multistory structures as part of a
unified development on a single lot. See special rules below for the
rehabilitation and reuse of existing, legal multifamily structures
for multifamily use.
D.
Accessory uses shall be as follows:
[Amended 7-1-2009 by L.L. No. 26-2009; 8-22-2012 by L.L. No.
16-2012]
E.
The area and bulk regulations for the ATC District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yarda
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
5,000
|
30
|
30
|
5
|
0
|
20
|
60%
|
95%
|
45 or 3 stories; over 45 feet or three stories up to
75 feet or 5 stories by special use permit
|
|
NOTE:
| |
|---|---|
|
a
|
Front yard exceptions. In an area where
the average existing front yard setback for structures along the street
is less than five feet, a structure may be erected less than five
feet from the street line, provided that no building or part thereof
shall be erected nearer to any street line than the average alignment
of existing buildings within 200 feet on each side of the lot.
|
(1)
On a lot, no single retail use shall occupy ground
floor space in excess of 8,000 square feet. The continuous ground
level frontage of a single commercial use building in excess of 40
feet in length along any frontage exposed to a street, public space
or parking area and ground level commercial uses larger than 4,000
square feet shall be contained in a mixed-use structure or be architecturally
designed to appear as a streetscape composed of a variety of small
buildings that helps to further prevent the visual dominance or appearance
of a single, large commercial use.
(2)
Maximum residential dwelling unit density. Residential
density shall not exceed six dwelling units per acre. Notwithstanding,
a residential density of up to eight units per acre may be constructed
subject to special permit approval by the Planning Board. In addition,
residential dwelling units located immediately above a ground-floor,
second-floor, or third-floor nonresidential use shall not be counted
against the maximum residential dwelling unit density, provided the
building meets applicable coverage and open space requirements, sufficient
parking for the residential uses is provided, and open space is set
aside for the dwelling units as provided herein.
(3)
Ingress and egress. Locations for ingress and egress
to a lot shall be approved by the Planning Board and shall be so arranged
as to connect with existing state, county or Town highways, or to
a proposed Town highway that has been approved by the Town Board.
(4)
The rehabilitation and reuse of existing multifamily
structures for multifamily use shall be exempt from the area and bulk
regulations of the ATC District and the minimum parking requirements
of this chapter, and shall be exempt from special permit review and
site plan review under this chapter, and the maximum residential dwelling
unit density may be as high as 12 units per acre, provided:
(a)
The multifamily use and/or structure is legally
conforming or legally nonconforming as of the date of adoption of
this chapter; and
(b)
The rehabilitation does not involve an expansion
of the existing building so as to increase its floor area or that
of any accessory structures on the property; and
(c)
No dwelling unit within the multifamily structure
shall contain more than two bedrooms.
(d)
No dwelling unit is less than 600 gross square
feet.
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the ATC District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to an adaptive reuse project. All redevelopment projects shall meet
the standards set forth herein.
(1)
The Planning Board is empowered to require a mix of
uses in any development project. Further, the Planning Board is empowered
to require that a development be phased to ensure the required mix
of uses is implemented. In considering a mixed residential and nonresidential
development proposed for a single lot or as part of a unified development
on several lots, the Planning Board shall ensure that the percentage
of floor area devoted to residential uses does not, generally, exceed
80% of the total floor area of a proposed development.
 |
(2)
Single-story buildings are prohibited. Two- or three-story
buildings are required for all residential and business use structures
throughout the entire ATC District. Larger-scale facilities (conference
spaces, theaters, supermarkets or department stores, for example)
shall occur behind smaller-scale buildings or storefronts with pedestrian
orientation.
(3)
The establishment of mixed-use, multistory dwellings
is the preferred form of use.
(4)
New or in-fill construction shall be designed so as
to be compatible with the general character of buildings on the street
frontage. The setback, height, bulk, gable and pitch of roofs, use
of porches, shutters and other exterior design elements should result
in an overall design that complements the existing character of the
streetscape.
(5)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(6)
Shrubbery shall be no higher than four feet above
existing street grades, nor shall any tree with foliage extend below
10 feet above the established street grades. All landscaping (trees,
shrubs, planted beds) shall be maintained within 20 feet of any street
intersection or 10 feet of driveway/street intersections. This restriction
is for purposes of maintaining visibility at all times.
(7)
Where parking lots and drives abut the landscaped
strip along the street right-of-way, evergreen shrubs and/or a three-foot
stone wall, as approved by the Planning Board, should be provided
for screening. The screening should be a plant species that is a minimum
of three feet high and a maximum of six feet high, and extends along
the entire street frontage of the parking lot, exclusive of driveways
and visibility lines.
(8)
For uses involving an adaptive reuse conversion of
a residential structure to nonresidential use, the Planning Board
is hereby expressly authorized to require such additional front, side
and rear yard setbacks as may be required to ensure that the nonresidential
use does not interfere with the quiet enjoyment of adjoining residential
properties. The additional setback area, as well as the minimum yard
setback area, shall be planted with a mixture of evergreen and deciduous
plantings at a height so as to adequately screen the parking area
from neighboring properties and streets. The species type, location
and planted height of such landscaping shall be subject to the approval
of the Planning Board.
 |
(9)
Sidewalks shall be provided as a design element of
all new and redeveloped streets. Street trees shall be provided, and
all street trees should be tolerant of urban condition, especially
salt and sand deposited with snow removal. Mulched tree wells should
be placed around the base of each tree for protection and moisture
retention. Property owners shall have responsibility for planting
and maintaining trees along the street frontage(s) within the Town's
right-of-way. The sidewalks shall be not less than five feet in width,
shall be concrete, and shall be separated from the street by a tree
lawn at least five feet wide. In approving sidewalks, the Planning
Board shall ensure that a recorded instrument sets forth the responsibility
of the applicant and the future owners of the lots for maintenance
and repair of the new sidewalks and landscaping. Alternatively, the
Planning Board may request that the Town Board establish a special
district for the purpose of sidewalk and landscaping maintenance and
repair.
(10)
The Planning Board may waive height and setback
requirements for designated historic civic buildings, including government
buildings, churches, schools, or libraries.
(11)
The construction of any blank, windowless facade
facing a corridor that provides frontage for the lot on which the
building is located is prohibited. All facades that face a street,
parking lot or public area shall have windows.
(12)
Flat roofs shall be avoided, except where the
size or type of the building requires a flat roof and facade variations
and other architectural features can disguise the flatness of the
roof. If pitched roofs are not feasible or practical in a given situation,
then, at a minimum, a pitched roof architectural feature shall be
required as a detail element, i.e., entryway or tower element to break
the horizontal facade.
(13)
Any large building facade and the sides visible
from the street corridor should incorporate changes in plane and architectural
features that give the appearance of several common-wall buildings.
(14)
The utilization of ribbon or continuous strip
glazing in any building facade is prohibited.
(15)
The number of off-street parking spaces provided
shall be the minimum necessary to adequately serve the intended use.
In order to facilitate fewer curb cuts, shared driveways should be
used for access to parking lots behind buildings. The Planning Board
shall ensure that appropriate cross easements for use and ingress
and egress to shared parking facilities are filed with the County
Clerk as part of development plan approval. Where appropriate, the
Planning Board may allow on-street parking, provided the street width
is adequate to safely accommodate on-street parking. Service alleys
should access practicable, off-street parking spaces for residential
uses.
 |
|
Use landscaping, such as hedges, shrubs, or
low walls of stone, brick, wood, wrought iron, or an acceptable substitute,
to screen parking and create an edge along the sidewalk.
|
(16)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds shall be screened from
walkways and streets utilizing vegetation and/or fencing.
(17)
Residential rear access lanes should be used
for access to garages and parking lots behind buildings.
(18)
Where practicable, new buildings adjacent to
existing structures shall be designed in a manner consistent with
the general architectural features of such existing structures in
terms of form, materials, and fenestration and roof shape.
(19)
New or in-fill buildings shall be located in
line with existing buildings to maintain the integrity of the existing
building setback line of the street.
(20)
Subject to Town Board approval, new streets
should connect to existing streets and use a block system to avoid
dead-ends whenever practicable.
(21)
Restaurants may be permitted to operate outdoor
cafes in front of and on public sidewalks as long as at least seven
feet between the seating area and the curb are maintained free for
sidewalk passage.
(22)
A retail business may be permitted to have a
temporary sidewalk display of store merchandise of up to 25% of its
sidewalk frontage.
(23)
Streetlights and other lighting shall not exceed
15 feet in height. Lighting shall be metal halide or other full-spectrum
fixture and should avoid illumination above the horizontal level into
the night sky. All exterior lights shall be designed and located in
such a manner as to prevent objectionable light and glare to spill
across property lines.
(24)
Where allowed, drive-in and drive-through windows,
lanes and facilities shall be located to the rear of the principal
building(s).
(25)
The Planning Board may, at its sole discretion,
approve the joint use of a parking facility and allow a reduction
in the parking requirement of up to 50% for two or more principal
buildings or uses, either on the same, adjacent, or nearby parcels,
where it is clearly demonstrated that the reduction in spaces and
shared use of the parking facility will substantially meet the intent
of the parking requirements by reason of variation in time of use
by patrons or employees among such establishments (offset peak parking
demand). There shall be a covenant on the separate parcel or lot guaranteeing
the maintenance of the required off-street parking facilities during
the existence of the principal use.
(26)
Loading and delivery areas may be shared between
nearby uses, and shall be determined by the Planning Board on a case-by-case
basis.
G.
Main Street Drive-In Overlay District (MSDOD).[3]
[Added 5-20-2015 by L.L.
No. 5-2015]
(1)
Overlay District purpose. Within the Arlington Town Center (ATC) District, drive-in and drive-through uses, as defined in § 210-9, are prohibited as out of keeping with the pedestrian, bicycle, low vehicle speed character of the ATC District. By their nature, uses that deliver services and goods to drivers via a drive-in/drive-through generate vehicular traffic that can compete with, and conflict with, the movement of pedestrians and bicyclists in high-density mixed-use areas such as the ATC District. The prohibition on the establishment of new drive-in/drive-through uses in the ATC District is intended to encourage businesses that are not largely automobile dependent and that would facilitate the movement of patrons between local business by foot or bicycle. It is recognized, however, that the Main Street section of the ATC District presently contains several long-established business that have drive-in/drive-through uses. The type of business uses and the relatively low number of residential uses along Main Street also make this part of the ATC District uniquely different from the ATC District south of Main Street to warrant, on a case-by-case basis, consideration for the establishment of new drive-in/drive-through uses on existing lots on Main Street and including those lots having frontage on Haight Avenue (i.e., the east-bound arterial). A Main Street Drive-In Overlay District (MSDOD) designation may be permitted, at the sole discretion of the Town Board, as a Zoning Map amendment, subject to such additional terms and conditions as the Town Board may require, at locations within the Arlington Town Center (ATC) District which meet the specific requirements as set forth herein.
(2)
Specific requirements. An application for a Main Street Drive-In
Overlay District designation shall be subject to the following specific
requirements:
(a)
Eligible lot. To be eligible for MSDOD designation, the lot
shall meet the following criteria:
[1]
The entirety of the lot shall be within the Arlington Town Center
(ATC) District; and
[2]
The lot shall have a minimum area of not less than 0.5 acre;
and
[3]
The lot shall have not less than 100 feet of frontage on Main
Street and/or Haight Avenue. Such frontage requirement may be met
by combining the lot frontage on Main Street and Haight Avenue where
the lot has frontage on both streets; and
(b)
Design preference. In its review of an application for a Main
Street Drive-In Overlay District designation, the Town Board shall
give preference to the following:
[1]
A site design for a corner lot wherein the site ingress is via
Main Street and site egress is via an adjoining public street.
[2]
A site design wherein the lanes providing ingress and egress
to the site are joined as a single curb cut rather than split into
two separate curb cuts (i.e., as in a horseshoe or "U" shape).
[3]
A site design that incorporates a pedestrian sidewalk from the
public sidewalk at the street to the front entrance of the building.
[4]
A site design that provides screening (i.e., landscaping or
fencing) of the drive-through facility.
[5]
A site design that provides adequate vehicle stacking for the
drive-in lane to ensure that vehicles are not queued so as to cause,
or likely to cause, blockage of sidewalks or the travel lanes of Main
Street or Haight Avenue.
(3)
Procedure. The review and approval of an application for a Main Street
Drive-In Overlay District designation shall be as follows:
(a)
Town Board review. An application for a Main Street Drive-In
Overlay District designation shall be submitted to the Town Board.
Upon receipt of an application, the Town Board shall notify the applicant
of the place, date, and time of the meeting at which the application
is to be considered and shall refer the application to the Planning
Board and to the County Planning Department for review and recommendation.
The applicant or the applicant's representatives shall be present
at meetings of the Town Board at which the application is to be considered.
(b)
Planning Board review. Within 90 days of receipt of the application
from the Town Board, the Planning Board shall make a recommendation
to the Town Board as to whether, in the opinion of the Planning Board,
the application supports a Main Street Drive-In Overlay District designation.
The applicant or the applicant's representatives shall be present
at the meetings of the Planning Board at which the application is
to be considered. The time period for receipt of the recommendation
shall be suspended where the Planning Board has been designated as
the lead agency to coordinate the environmental review of the application
pursuant to Article 8 of the Environmental Conservation Law until
the Board has either issued a negative declaration or accepted a draft
environmental impact statement as complete.
(c)
SEQRA review. No application for a Main Street Drive-In Overlay
District designation shall be complete until a lead agency is established
and a negative declaration has been issued or a draft environmental
impact statement has been issued by the lead agency as satisfactory
with respect to scope, content and adequacy.
(d)
Town Board action. Within 62 days of receipt of the Planning
Board's recommendation, the Town Board shall hold a public hearing
on the application for a Main Street Drive-In Overlay District designation.
Notice of the public hearing shall be published in the official newspaper
at least 10 days prior to the date set for the public hearing. A public
hearing on the application shall also be coordinated with any public
hearing on a draft environmental impact statement. The Town Board
may provide that the hearing be further advertised in such manner
as it deems most appropriate for full public consideration of the
application, including the prominent placement of one or more signs
on the premises that is the subject of the application notifying interested
persons that an application for a Main Street Drive-In Overlay District
designation is under consideration by the Board. All notices shall
include the name of the application, the location of the site requested
for designation, and the date, place, time and subject of the public
hearing at which the application will be reviewed. Such notice shall
not be required for adjourned dates. Within 62 days of the close of
the public hearing, the Town Board shall act to approve or disapprove
the application for a Main Street Drive-In Overlay District designation.
The time within which the Board must render its decision may be extended
for such additional time as the Board may deem reasonable or necessary
to render a decision. The failure of the Board to take action within
62 days of the close of the public hearing, or within such additional
time period as may be agreed to or established by the Board, shall
not result, and shall not be construed to result, in a default approval
of the application. The Board may, if it feels necessary to fully
protect the public health, safety and welfare of the community, attach
to the designation any reasonable conditions or requirements for the
applicant to meet. The decision of the Board shall be filed in the
office of the Town Clerk within five business days of the date such
decision is rendered, and a copy thereof shall be mailed to the applicant.
The zoning amendment shall become effective as of the date of filing
with the New York State Department of State.
(e)
Site plan approval. Site Plan review and approval by the Planning Board, as provided in Article XIII of this chapter, shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(f)
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved subdivision plat shall also require subdivision reapproval.
(g)
Conformity with overlay district designation required. The Planning
Board shall not approve any site plan and/or subdivision that is not
in substantial conformance with the Main Street Drive-In Overlay District
designation granted by the Town Board or with any conditions imposed
upon such designation.
(h)
Time limits. If construction work on the proposed development
is not begun within two years of the date of the Town Board approval
of the Main Street Drive-In Overlay District and completed within
two years of the date of Planning Board site plan and/or subdivision
approval, then such designation shall become null and void, and all
rights therein shall cease, unless the Town Board, for good cause
shown, authorizes an extension.
[3]
Editor's Note: Former Subsection G, Main Street Drive-In Overlay
District (MSDOD), added 6-3-2009 by L.L. No. 24-2009, was repealed
11-16-2011 by L.L. No. 30-2011.
A.
District purpose. This district defines the area along
State Route 9 known as the ”South Hills Mall.” This site
has been developed for commercial use since the 1970s, and the following
regulations are intended to support the commercial redevelopment of
this strategically located property. This district serves the following
specific purposes:
(1)
Promote a mix of business and commercial uses in multistory
buildings.
(2)
Promote pedestrian activity through a safe and walkable
environment and establish connections to existing adjacent residential
neighborhoods.
(3)
Minimize the visual impact of the automobile by managing
the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(5)
Encourage the development of both on-street parking
and shared parking areas between nearby uses.
B.
Permitted uses. Permitted uses shall be as follows
(Note: "*" designates a use which is subject to site plan approval
by the Planning Board):
(3)
*Bank and financial services.
(4)
*Bakeries, retail, wholesale.
(7)
*Clinics.
(8)
*Delicatessens.
(9)
*Health clubs.
(10)
*Indoor recreation.
(11)
*Offices.
(12)
*Personal service business, no drive-in or drive-through.
(13)
*Retail businesses, no drive-in or drive-through.
(14)
*Restaurants, no drive-in or drive-through.
(15)
*Service businesses, no drive-in or drive-through.
(16)
*Shopping centers.
(17)
*Supermarkets.
(18)
*Theaters.
C.
Special uses. Special permitted uses shall be as follows
(Note: "*" designates a use which is also subject to both special
use permit and site plan approval by the Planning Board; "+" designates
a use that is subject to special use permit approval by the Zoning
Board of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 7-19-2017 by L.L. No. 13-2017]
D.
Accessory
uses shall be as follows (Note: "*" designates a use which is also
subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the SHC District
shall be as follows:
[Amended 4-9-2008 by L.L. No. 7-2008; 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
10,000
|
50
|
50
|
5
|
0
|
20
|
30%
|
90%
|
45 or 3 stories
|
(1)
On a lot, no single retail use shall occupy ground
floor space in excess of 90,000 square feet.
(2)
The continuous ground level frontage of a single commercial
use building in excess of 150 feet in length along any frontage exposed
to a street, public space or parking area and ground-level commercial
uses larger than 45,000 square feet shall be contained in a mixed-use
structure or be architecturally designed to appear as a streetscape
composed of a variety of small buildings that helps to further prevent
the visual dominance or appearance of a single, large commercial use.
(3)
Ingress and egress. Locations for ingress and egress
to a lot shall be approved by the Planning Board and shall be so arranged
as to connect with existing state, county or Town highways, or to
a proposed Town highway that has been approved by the Town Board.
(4)
Unless approved by the Planning Board, parking shall
be located to the side or to the rear of principal structures.
(5)
A landscaped setback of not less than 30 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the nonresidential development abuts a property in residential use, in which case the setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the SHC District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to an adaptive reuse project. All redevelopment projects shall meet
the standards set forth herein:
(1)
The Planning Board is empowered to require a mix of
business and commercial uses in any development project. Further,
the Planning Board is empowered to require that a development be phased
to ensure the required mix of uses is implemented.
(2)
Two- and three-story buildings designed to accommodate
retail, office and service business uses are required for the entire
SHC District. Buildings shall be located close to existing and proposed
street lines, with parking oriented to the rear of the principal structures.
(3)
New or in-fill construction shall be designed so as
to be compatible with the general character of buildings on the street
frontage. The setback, height, bulk, gable and pitch of roofs, use
of porches, shutters and other exterior design elements should result
in an overall design that complements the existing character of the
streetscape.
(4)
Shared parking facilities are encouraged. The Planning
Board shall ensure that appropriate cross-easements for use and ingress
and egress to shared parking facilities are filed with the County
Clerk as part of development plan approval. Where appropriate, the
Planning Board may allow on-street parking, provided the street width
is adequate to safely accommodate on-street parking. Service alleys
should access practicable, off-street parking spaces for residential
uses.
(5)
Shrubbery shall be no higher than four feet above
existing street grades, nor shall any tree with foliage extend below
10 feet above the established street grades. All landscaping (trees,
shrubs, planted beds) shall be maintained within 20 feet of any street
intersection or 10 feet of driveway/street intersections. This restriction
is for purposes of maintaining visibility at all times.
(6)
New or in-fill construction should be designed so
as to be compatible with the general character of buildings on the
street frontage. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements should
result in an overall design that complements the existing character
of the streetscape.
(7)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping is
encouraged.
(8)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located is prohibited. All facades that face a street, parking
lot or public area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing
in any building facade is prohibited.
(10)
The setback, height, bulk, gable and pitch of
roofs, use of porches, shutters and other exterior design elements
shall result in an overall design that complements the existing character
of the streetscape.
(11)
Any large building facade and the sides visible
from the transportation corridor should incorporate changes in plane
and architectural features that give the appearance of several common-wall
buildings.
(12)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(13)
The number of off-street parking spaces provided
should be the minimum necessary to adequately serve the intended use.
(14)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(15)
Drive-in and drive-through facilities shall
be located to the rear of buildings, and landscaping shall be used
to reduce the visibility of such facilities.
(16)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
[Amended 3-24-2010 by L.L. No. 5-2010; 12-22-2010 by L.L. No.
3-2011]
A.
District purpose. This overlay district is a supplement to the underlying
zoning districts for the area along State Route 9 known as "Crown
Heights," which was developed for industrial, office, and retail uses
for many decades. Many of these properties are in a dilapidated, obsolete
and blighted condition, and this overlay district is intended to encourage
the redevelopment of properties within the overlay for mixed residential
and commercial uses in a traditional neighborhood district setting
while encouraging the phasing out of the underlying B-H, O-R, R-M
District regulations as applied to properties located within the overlay
district. The following regulations are intended to support the redevelopment
of the properties located within the overlay district. This district
serves to encourage the use of the approval procedure of this section
to achieve the following specific purposes:
(1)
A mix of residential and nonresidential uses in multistory and some
limited single-story buildings designed as an integrated community
spanning both sides of Route 9.
(2)
Promote pedestrian activity through a safe and walkable environment,
encourage the development of parks and greenspaces and establish connections
to existing or future adjacent residential neighborhoods and commercial
developments.
(3)
Minimize the visual impact of the automobile by managing the placement
and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular
traffic.
(5)
Encourage the development of both on-street parking and shared parking
areas between nearby uses.
(6)
Establish a walkable area which promotes development and redevelopment
of vacant and obsolete buildings and the phasing out of less desirable
uses.
(7)
Promote an adequate critical mass of employees, shoppers and residents
within a five- to ten-minute walk of the CHCO District which encourages
people to park and then walk because walking becomes more convenient
than driving for short trips within the core.
(8)
Promote a retail shopping and business environment that is not strip-retail-oriented,
where shoppers park once and walk between adjoining commercial uses
where the buildings are primarily connected to each other or use zero
lot lines.
(9)
Surround the CHCO District with primarily residential neighborhoods
developed in a traditional neighborhood design where residents can
conveniently walk in less than 10 minutes to the core, thus reducing
vehicular trips in the Route 9 corridor for daily services and creating
a neighborhood vibrancy found only in a walkable community, and facilitate
interconnection with clustered residential development on adjoining
residentially zoned lands at the perimeter of the CHCO District.
(10)
Provide public gathering spaces such as central greens and centerpiece
civic buildings in prominent locations to promote community identity,
public activities and programmed events such as fairs, festivals and
cultural functions.
(11)
Provide for a diverse range of housing options within walkable
proximity to employment, retail, services and community facilities,
including single-family, two-family homes, and multifamily such as
attached townhouses, live/work units, condominiums, lofts and apartments.
(12)
Preserve, enhance and incorporate natural and historic features
in order to enhance a sense of place, greenway connections and natural
edge conditions.
(13)
Acknowledge the unique and separate setting and circumstances
of the areas of the Crown Heights Center located on the east and west
sides of Route 9, and foster development which enhances the possibilities
of each unique setting.
B.
District boundaries. Because of the somewhat differing circumstances
relating to the two sides of Route 9, the Crown Heights Center Overlay
has been divided into two districts, each having as its center point
a location on the center line of Route 9 exactly 200 feet south of
Mile Marker 1114:
(1)
Crown Heights Center Overlay West District: a primary development
area extending a radius of 880 feet from the center point, and a secondary
development area extending a radius of 1,100 feet from the center
point (hereinafter "CHCO West District"). This district also has an
extension, the Crown Heights Center Extended Overlay District (CHCO
EO), shown on the Zoning Map that is subject to additional regulations
set forth later in this section. The reasons for the CHCO West District
are as follows:
(a)
The Crown Heights Center on the west side of Route 9 does not
have a large, contiguous open space or recreation area buffer between
the town center and the nearest residential properties. The town center
boundary on the west side is located much closer (approximately 700
feet) to the existing residences along Nassau Road, Marwood Drive,
and Marino Road, and along South Gate Drive and Oriole Lane and incorporates
some single-family residences into the town center. This residential
area, locally referred to as "Nassau," was originally established
as a high-density single-family neighborhood on lots of 1/5 to 1/4
of an acre. The homes tend to be somewhat smaller than those on the
east side of Route 9. The higher-density scale of existing residential
development on the west side of Route 9 obviates the need for a transitional
area between the existing residential neighborhood and the town center.
(2)
Crown Heights Center Overlay East District: a primary development
area extending a radius of 1,100 feet from the center point (hereinafter
"CHCO East District"). The reasons for the CHCO East District are
as follows:
(a)
The Crown Heights Center on the east side of Route 9 is proximate
to the former IBM Country Club building, which could in the future
be used for civic, municipal, library, or similar uses. The planning
for the east side would allow for the integration of these potential
uses into a town center. The Crown Heights Center East District also
includes a portion of the Casperkill Golf Course, with development
of a viable town center likely to require a reconfiguration and relocation
of some of the golf holes within or near the center boundary. This
reconfiguration/relocation should take place in a way that maximizes
the recreational value of the golf course in the context of the overall
redevelopment of the town center and surrounding lands. Because of
the strong desirability of preserving and enhancing the golf course
as a recreational amenity, the Planning Board should be given wider
discretion to authorize placement of residential units both in the
town center and within the golf course area in a way that appropriately
integrates the residential units around the golf course area in a
way that allows the best possible connection, by walkway, bicycle
trail, or car, if necessary, into the town center, and optimizes good
design, availability of views, and other factors to assist in maintaining
the golf course as a viable recreational facility. It is expected
that residents living within the golfing community will readily use
the walkways and bicycle trails to access the town center, even if
the distances are more than a ten-minute walk. The land area available
for a comprehensive development plan is also much larger on the east
side of Route 9 than on the west, with the distances to the nearest
existing residences to the north and east of the town center varying
from 1,200 feet to 5,600 feet. These existing residences are located
on lots of 1/2 acre and more, larger than the residential lots within
and surrounding the town center are likely to be. The residential
areas around Kingwood Park, Casperkill Drive, Saddle Rock Road, King
George Road, Spur Road, Nob Hill, Deer Run Road, Scofield Heights,
Collette Drive and Brookland Farms Road, for example, are developed
for lower-density single-family use on large lots with large homes.
As a result of the large distance from the town center area and the
neighboring homes, it is appropriate that the development of land
on the east side of Route 9 incorporate a "transition area" from the
town center to the outlying areas which include the golf course. In
this transition area, the homes may be somewhat larger than those
which would be located in the town center itself. The homes and the
commercial uses, such as a conference center hotel, would also be
placed in a manner to incorporate views over the golf course, and
support the economic viability of retention of the golf course as
a community recreational resource.
C.
Except as otherwise indicated, permitted principal and accessory uses within the CHCO West District and CHCO East District shall be as follows. Any proposed CHCO development shall follow the procedures for Town Board review as set forth in Subsection D below. Any CHCO uses shall also require site plan review and approval by the Planning Board in accordance with § 210-150 of this chapter, and subdivision review and approval by the Planning Board, if applicable, in accordance with Chapter 177.
(2)
Accessory buildings and structures customary to the permitted principal
uses.
(5)
Art galleries.
(6)
Bakery, retail.
(7)
Band stands, skating rinks, miniature golf, swimming pools.
(8)
Bank or financial services.
(9)
Bars; taverns.
(10)
Bus passenger shelters.
(11)
Bowling alleys.
(12)
Clinics.
(13)
Clubs, health and fitness.
(14)
Conference center hotels.
(15)
Convenience stores.
(16)
Country clubs.
(17)
Day-care centers.
(18)
Delicatessens.
(19)
Dwellings, two-family.
(20)
Dwellings, single-family, including attached and semi-detached
units, and townhouse condominium dwellings.
(21)
Dwellings, multifamily, including townhouses, townhouse condominiums,
apartments, and lofts.
(22)
Fraternal clubs.
(23)
Garages, commercial.
(24)
Golf courses.
(25)
Grocery stores.
(26)
Home occupations.
(27)
Indoor recreation uses.
(28)
Inns.
(29)
Dry cleaners.
(30)
Libraries and civic uses.
(31)
Medical offices.
(32)
Museums.
(34)
Offices.
(35)
Parks.
(36)
Parking lots.
(37)
Personal service businesses.
(38)
Places of religious worship.
(39)
Playgrounds.
(40)
Public utility structures.
(41)
Restaurants.
(42)
Retail businesses.
(43)
Service businesses.
(44)
Shopping centers.
(45)
Supermarkets, groceries, not to exceed 50,000 gross square feet.
(46)
Temporary buildings for construction purposes.
(47)
Theaters, playhouses.
D.
Town Board initial review of development plan. In order to encourage
the orderly development of the CHCO District as a high-density mixed-use
residential/commercial center, the following procedures shall apply:
(1)
Initial determinations by the Town Board: In lieu of the procedures set forth in § 210-66, neither the Planning Board nor the Zoning Board of Appeals, nor any other administrative agency, board, body, or officer of the Town of Poughkeepsie may receive, process, or determine applications for subdivision approval, site plan approval, special permit approval, use variances, area variances, aquatic resource permits, or any other land use approvals for property in the CHCO District without the prior determination by the Town Board under this section that the subject matter of the proposed application or applications is in technical compliance with the stated CHCO District purposes, stated permitted principal and accessory uses within the CHCO District, and density requirements of the CHCO District, as such purposes, uses, and density are set forth in Subsections A, C, and E of this section. This Town Board determination does not direct approval or limit or modify the authority otherwise existing under law for the receipt, processing and approval of any one or more applications by any boards, bodies and officers. This determination by the Town Board does not commit or direct any board, body, or officer of the Town to any course of future decisions. All obligations applicable under the New York State Environmental Quality Review Act (ECL Article 8 and the accompanying regulations in 6 NYCRR Part 617, as the same may be amended from time to time) shall be carried out by the agency, board, body, or officer receiving, processing and determining applications for approvals. The determination by the Town Board described in this section is a Type II action pursuant to 6 NYCRR 617.5(28), to wit, engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits a project sponsor to commence an action unless and until all requirements in Part 617 have been fulfilled, and, accordingly, such Town Board approval is not subject to review under Part 617. It is expected that the Town Board's determination of technical compliance will occur rapidly in order to allow the Planning Board to continue its review of the site plan and subdivision applications in order to avoid unnecessary delay. The Town Board shall issue its determination within 62 days of receipt of an application for a CHCO development project.
(2)
The use, area and bulk requirements of the underlying zoning districts for property within the CHCO Overlay District are, for any CHCO application, superseded by the use, area, and bulk requirements of this section, provided that no CHCO use shall be implemented until approvals are granted pursuant to this § 210-24. Upon the determination of the Town Board, as set forth in Subsection D(1) above, the Planning Board shall have the authority to receive and process an application for site plan, subdivision, special permit, and any other related approvals for a CHCO District development. Similarly, other agencies, boards, bodies, or officers may receive any applications relating to other aspects of a CHCO District development, in compliance with law. The location of principal and accessory uses, the architectural design and height of buildings, the minimum area and bulk requirements, maximum lot coverage, maximum impervious surface coverage and other area and bulk requirements shall be determined and approved by the Planning Board during site plan and subdivision review.
E.
The area and bulk regulations and supplemental regulations for the
CHCO District shall be as follows:
|
Minimum Land Area Required
(acres)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Depth
(feet)
| |
|---|---|---|---|
|
10
|
300
|
400
|
(1)
The minimum land area of the original parcel may be comprised of
one or more contiguous parcels of land owned by one or more owners,
provided that the application for development master plan and site
plan and subdivision approvals is presented as a unified plan under
which each owner shall agree to participate in a common development
scheme.
(2)
The use of traditional neighborhood development design is required.
A mix of commercial uses and/or residential and commercial uses in
all development projects is required. The Planning Board shall reject,
and shall not process, any CHCO development application that does
not include a mix of residential and nonresidential uses. Any application
for a purely residential or a purely nonresidential development shall
not be eligible for approval under this section as a CHCO development.
The Planning Board, in approving any phased or staged CHCO development,
shall also have authority to incorporate requirements to assure that
the mixed-use character of the project is maintained throughout the
course of development, and may enforce such requirements by appropriate
means, including conditions, requirements of security, and withholding
building permits and/or certificates of occupancy.
(3)
Minimum nonretail density. Within a CHCO project, not less than 25%
of the gross area of all nonresidential space shall be nonretail uses
such as offices, service and personal service business, health clubs,
recreational uses, theaters, restaurants, civic uses, or other uses
not principally devoted to sale of goods for removal from the premises,
but excluding conference center hotels. Nothing herein shall be construed
to prevent the development of a greater amount of nonretail commercial
space than the minimum of 25% of all nonresidential floor area.
(4)
Maximum retail density. Within the CHCO District, no single retail
use shall occupy ground floor space in excess of 70,000 square feet.
The continuous ground level frontage of a single commercial use building
in excess of 150 feet in length along any frontage exposed to a street,
public space or parking area and ground level commercial uses larger
than 40,000 square feet shall be contained in a mixed-use structure
or be architecturally designed to appear as a streetscape composed
of a variety of small buildings that helps to further prevent the
visual dominance or appearance of a single, large commercial use.
In addition, and regardless of the number of CHCO applications:
(a)
Within the CHCO East District, the total gross square footage
of ground floor retail and nonretail space shall not exceed 200,000
square feet. (The gross square footage attributable to a conference
center hotel shall be included in this limitation.) The total gross
square footage of nonresidential space above the ground floor shall
not exceed 200,000 square feet, no more than 50% of which may be devoted
to retail use.
(b)
Within the CHCO West District, the total gross square footage
of ground floor retail and nonretail space shall not exceed 200,000
square feet. (The gross square footage attributable to a conference
center hotel shall be included in this limitation). The total gross
square footage of nonresidential space above the ground floor shall
not exceed 200,000 square feet, no more than 50% of which may be devoted
to retail use.
(5)
Maximum residential dwelling unit density.
(a)
The maximum residential density within the CHCO East District
shall not exceed four dwelling units per acre.
[1]
Overall unit cap for comprehensive development of CHCO East District and adjoining golf course lands. In order to encourage the comprehensive development of the CHCO East District properties and the adjoining golf course lands in a manner that will facilitate continued public use of the golf course lands, notwithstanding any other contrary provisions of the zoning law, the Planning Board may approve a development that represents the cumulative density as derived from the summing of all units allowed in all such districts, including incentive units, and may authorize a mix of units containing any number of the various residential unit types permitted in either district, and may authorize such units to be placed, constructed, and commingled, as appropriate, in all or any portion of one or more of such districts, as determined by the Planning Board in its discretion, with due regard for the reasons for the CHCO East District as set forth in Subsection B(2). However, in no event shall the total number of units in any such development project (including the CHCO and the golf course lands) exceed 350 units.
(b)
The maximum residential density within the CHCO West District primary
development area shall not exceed four dwelling units per acre. No
residential density is attributable to the CHCO West District secondary
development area.
[1]
Within the CHCO West District, the land within the secondary development
area shall not be used to calculate additional residential density.
The purpose of the secondary development area is to allow additional
land area for the placement of residential and nonresidential uses
that cannot practically be constructed within the primary development
area while not providing for additional residential density based
on the additional land area of the secondary development area. Notwithstanding,
residential units that might otherwise be constructed on land outside
the CHCO West District but adjoining the secondary development area
may be constructed within the secondary development area, provided
such units are developed as part of an overall CHCO development plan.
(6)
Determination of parcel size. The Planning Board shall determine
and shall establish, in its sole discretion, appropriate parcel sizes
for any principal and accessory residential and nonresidential use
as part of its site plan, subdivision, and special permit reviews,
as applicable.
(7)
Changes to residential dwelling unit density within the CHCO District
may only be approved by the Town Board and not by variance from the
Zoning Board of Appeals.
(8)
Landscaping. Shrubbery and trees located at or near intersections shall not interfere with motorist visibility or impede or obstruct sight lines along roads, driveways or intersections. Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(9)
Building location and architecture. Buildings shall be located close
to existing and proposed street lines, with parking oriented to the
sides and rear of the principal structures where practicable. The
architecture shall provide the appearance of two-story structures
along most of the facade facing a street.
(10)
Maximum building height. Single-family dwellings shall be limited
to 35 feet or 2.5 stories in height. Attached residential dwellings
shall be limited to 50 feet or three stories. Multifamily dwellings
shall be limited to 50 feet or three stories. Mixed-use (i.e., commercial
and residential) buildings shall be limited to 65 feet or four stories,
provided that no fewer than two stories within the building shall
be residential only. Conference center hotels shall be limited to
50 feet or three stories. Commercial use only buildings shall not
exceed 65 feet or four stories. Parking levels within any building
shall not count as stories. A freestanding parking garage shall not
exceed 45 feet.
(11)
Roof. Flat roofs shall be avoided, except where the size or
type of the building requires a flat roof and facade variations and
other architectural features can disguise the flatness of the roof
as viewed from street level. Pitched roofs shall be used on buildings
in lieu of flat roofs to the extent feasible. If pitched roofs are
not feasible or practical in a given situation, then, at a minimum,
a pitched roof architectural feature shall be required as a detail
element, i.e., entryway or tower element to break the horizontal facade.
(12)
Roof-mounted equipment. All roof-mounted equipment shall be
screened from street level utilizing screens of a height equal to
the height of the unit.
(13)
Shared parking. Shared parking facilities are encouraged. The
Planning Board shall ensure that appropriate cross-easements for use
and ingress and egress to shared parking facilities are filed with
the County Clerk as part of development plan approval. Where appropriate,
the Planning Board may allow on-street parking, provided the street
width is adequate to safely accommodate on-street parking. Service
alleys should access practicable, off-street parking spaces for residential
uses. Shared parking can reduce cumulative parking requirements for
the mixed-use district if it is demonstrated that peak requirements
of various uses are complementary and occur at different times. For
the purpose of enhancing design flexibility, including the enhancement
of the visual appearance, and for the purpose of reducing the amount
of lot area devoted to surface parking, the creation of structured
parking in parking garages is permitted, and such parking garages
shall not be required to satisfy rear, side yard or parking aisle
width requirements contained in this district, provided there is an
attempt to locate them in locations where a majority of the garage
is shielded from Route 9.
(14)
Ingress and egress. Locations for ingress and egress to a lot
shall be approved by the Planning Board and shall be so arranged as
to (i) as a first priority, connect to existing through roads that
connect to existing state, county or Town highways, or to a proposed
Town highway that has been approved by the Town Board or (ii) if (i)
above is not available, directly to existing state, county or Town
highways, or to a proposed Town highway that has been approved by
the Town Board. Vehicular and pedestrian access between adjacent lots
shall be incorporated into the site design, unless determined to be
impracticable due to topographic constraints, noncompatible uses,
or other site constraints.
(15)
Open space. Recreation and leisure space shall be provided through
a combination of common and private open space and shall not be less
than 10% of a total project or application area. Open space may include
squares, mini-parks, athletic fields, commons, promenades or pedestrian
plazas with amenities such as benches, landscaping and natural walking
trails and may include hardscaping amenities and structures which
are intended for the use of the general public, such as lighting,
special paving, pavers, artwork, and structures such as a skating
rink, gazebo, pergola, amphitheater, or band stand for the general
public use. In order to serve as a focal point, an open space feature
should be visible and easily recognizable as an area that encourages
outdoor assembly. Sidewalk hardscaping adjacent to residential dwellings
and commercial uses and small parking lot islands are not considered
open space.
(16)
Pedestrian access. Sidewalks shall be provided along any public
street and shall, where practicable, link with existing and future
potential sidewalks and pedestrian pathways. The sidewalks shall be
separated from the street by a tree lawn at least five feet wide,
and further buffer pedestrians from vehicular traffic with on-street
parking where possible. Alternatively, the Planning Board may approve
the use of tree wells within the sidewalk. In approving sidewalks,
the Planning Board shall ensure that a recorded instrument sets forth
the responsibility of the applicant and the future owners of the lots
for maintenance and repair of the new sidewalks and landscaping. Alternatively,
the Planning Board may request that the Town Board establish a special
district for the purpose of sidewalk and landscaping maintenance and
repair.
(17)
New construction. New or infill construction shall be designed
so as to be compatible with the general character of buildings on
the street frontage. The setback, height, bulk, gable and pitch of
roofs, use of porches, shutters and other exterior design elements
should result in an overall design that complements the existing character
of the streetscape.
(18)
Yards. The incorporation of small, landscaped, front yards is
encouraged with any new residential or commercial use (if building
is not built to the sidewalk edge).
(19)
Windows. The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located is prohibited. All facades that face a street, parking
lot or public area shall have windows.
(20)
Rooflines. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements shall
result in an overall design that complements the existing character
of the streetscape.
(21)
Facades. Any large building facade and the sides visible from
the transportation corridor shall incorporate changes in plane and
architectural features that give the appearance of several common-wall
buildings.
(22)
Streets. All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(23)
Off-street parking. The number of off-street parking spaces
provided should be the minimum necessary to adequately serve the intended
use.
(24)
Service alleys. Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(25)
Roadways. Roadway design shall incorporate traffic calming components
such as narrower lane widths, on-street parking and sidewalk bump-outs
at intersections to aid pedestrian access and safety while reducing
the existing unsafe vehicular speeds.
(26)
Drive-ins and drive-throughs. Drive-through facilities shall
provide only accessory access, and not the primary access to buildings.
Such accessory drive-through access shall be on the rear or sides
of a building and placed and screened so as to minimize paving and
minimize views of the lines of autos from public gathering places
within the project. Landscaping shall be used to reduce the visibility
of such facilities.
(27)
On-street parking. On-street parking is prohibited on Route
9.
(28)
Loading areas. Off-street parking lots and loading areas, accessory
use structures or storage other than sheds shall be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
(29)
Access. Residential rear access lanes should be used for access
to garages and parking lots behind buildings.
F.
Special rules for the Crown Heights Center Extended Overlay District
(CHCO EO).
(1)
The areas depicted on the Zoning Map as the CHCO EO consist of land
zoned for residential use. These properties are located outside of
the CHCO West District but they create a link between the CHCO West
District core and the existing high-density residential neighborhood
to the west of the CHCO West District center. A redevelopment of the
CHCO West District should, where possible, incorporate the CHCO EO
properties into the redevelopment to allow a transition from the commercial
center of the CHCO West District near Route 9 to mixed-use commercial/residential
and residential-only uses extending westerly from the CHCO West District.
This opportunity already exists on the east side of Route 9 since
the CHCO East District includes part of a R-2A District, and providing
for a residential transitional area on the west side of Route 9 would
allow integration of the existing residential areas with the CHCO
West District development.
(2)
Notwithstanding any other provision of this chapter, the properties
located on the west side of U.S. Route 9 identified on the Zoning
Map as CHCO EO shall be subject to the following regulations:
(a)
The CHCO EO District is a supplement to the underlying zoning
district(s). Nothing herein shall be construed to prevent the development
of properties in the CHCO EO District in accordance with the regulations
for the underlying zoning district as set forth in this chapter.
(b)
When incorporated into a development master plan for the CHCO
West District, property within the CHCO EO District may be developed
for residential or mixed-use residential/nonresidential use, provided
that the maximum residential density may be increased by two dwelling
units per acre above the density allowed within the underlying zoning
district.
(c)
The additional dwelling units shall be located within the primary
or the secondary development areas, or as close as practicable, so
as to appear as a part of the CHCO West District development. The
Planning Board is expressly authorized to require the clustering of
the CHCO EO units and uses along the boundary of the CHCO West District,
and is specifically authorized to reduce the otherwise applicable
yard setback and buffer setback distances to ensure that the units
are placed in close proximity to the district boundary line so as
to appear as an extension of the CHCO West District.
A.
District purpose. This district defines the established
commercial areas on the east side of State Route 9 to the abandoned
railroad spur line behind the existing retail mall, and north of Fulton
Street to the southerly boundary of the former State Psychiatric Center
facility. This area has potential for redevelopment as a pedestrian-oriented
commercial destination, and with the expected redevelopment of the
Psychiatric Center property for high-density residential and commercial
use, the redevelopment of the Fairview Center would be supported by,
and provide a linkage to, the existing institutional, business and
residential areas to the west, south and east. This district serves
the following specific purposes:
(1)
Promote a mix of business and commercial uses in multistory
buildings.
(2)
Promote pedestrian activity through a safe and walkable
environment and establish connections to existing adjacent residential
neighborhoods.
(3)
Minimize the visual impact of the automobile by managing
the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(5)
Encourage the development of both on-street parking
and shared parking areas between nearby uses.
B.
Permitted uses. Permitted uses shall be as follows
(Note: "*" designates a use which is subject to site plan approval
by the Planning Board):
(3)
*Banks and financial services.
(4)
*Bakeries, retail, wholesale.
(7)
*Clinics.
(8)
*Delicatessens.
(9)
*Health clubs.
(10)
*Offices.
(11)
*Personal service businesses, no drive-in or
drive-through.
(12)
*Retail businesses, no drive-in or drive-through.
(13)
*Restaurants, no drive-in or drive-through.
(14)
*Service businesses, no drive-in or drive-through.
(15)
*Shopping centers.
(16)
*Supermarkets.
(17)
*Theaters.
C.
Special uses. Special permitted uses shall be as follows
(Note: "*" designates a use which is subject to both special use permit
and site plan approval by the Planning Board; "+" designates a use
that is subject to special use permit approval by the Zoning Board
of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates
a use which is also subject to site plan approval by the Planning
Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the FC District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
15,000
|
100
|
100
|
35
|
25
|
45
|
50%
|
80%
|
45 or 3 stories
|
(1)
On a lot, no single retail use shall occupy ground
floor space in excess of 65,000 gross square feet.
(2)
The continuous ground level frontage of a single commercial-use
building in excess of 100 feet in length along any frontage exposed
to a street, public space or parking area and ground-level commercial
uses larger than 30,000 square feet shall be contained in a mixed-use
structure or be architecturally designed to appear as a streetscape
composed of a variety of buildings that helps to further prevent the
visual dominance or appearance of a single, large commercial use.
(3)
Maximum retail use density. Within the FC District,
the total gross square footage of building space devoted to retail
uses shall not exceed 65% of the total gross square footage of all
commercial space. Within the FC District, not less than 35% of the
gross square footage of all commercial space shall be nonretail uses
such as offices, restaurants, civic uses, etc. The Planning Board
shall ensure that compliance with this provision is maintained by
requiring the reduction or elimination of proposed retail space where
the maximum gross square footage of retail space would exceed 60%.
Nothing herein shall be construed to prevent the development of a
greater amount of nonretail commercial space than the minimum of 35%.
(4)
Ingress and egress. Locations for ingress and egress
to a lot shall be approved by the Planning Board and shall be so arranged
as to connect with existing state, county or Town highways, or to
a proposed Town highway that has been approved by the Town Board.
(5)
Unless approved by the Planning Board, parking shall
be located to the side or to the rear of principal structures.
(6)
A landscaped setback of not less than 25 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the nonresidential development abuts a property in residential use, in which case the setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the FC District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to an adaptive reuse project. All redevelopment projects shall meet
the standards set forth herein.
(1)
The Planning Board is empowered to require a mix of
business and commercial uses in any development project. Further,
the Planning Board is empowered to require that a development be phased
to ensure the required mix of uses is implemented.
(2)
Two- and three-story buildings designed to accommodate
retail, office and service business uses are required for the entire
FC District. Buildings shall be located close to existing and proposed
street lines with parking oriented to the rear of the principal structures.
(3)
New or in-fill construction shall be designed so as
to be compatible with the general character of buildings on the street
frontage. The setback, height, bulk, gable and pitch of roofs, use
of porches, shutters and other exterior design elements should result
in an overall design that complements the existing character of the
streetscape.
(4)
Shared parking facilities are encouraged. The Planning
Board shall ensure that appropriate cross-easements for use and ingress
and egress to shared parking facilities are filed with the County
Clerk as part of development plan approval. Where appropriate, the
Planning Board may allow on-street parking, provided the street width
is adequate to safely accommodate on-street parking.
(5)
Shrubbery shall be no higher than four feet above
existing street grades, nor shall any tree with foliage extend below
10 feet above the established street grades. All landscaping (trees,
shrubs, planted beds) shall be maintained within 20 feet of any street
intersection or 10 feet of driveway/street intersections. This restriction
is for purposes of maintaining visibility at all times.
(6)
New or in-fill construction should be designed so
as to be compatible with the general character of buildings on the
street frontage. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements should
result in an overall design that complements the existing character
of the streetscape.
(7)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping is
encouraged.
(8)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located is prohibited. All facades that face a street, parking
lot or public area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing
in any building facade is prohibited.
(10)
Flat roofs shall be avoided, except where the
size or type of the building requires a flat roof and facade variations
and other architectural features can disguise the flatness of the
roof. If pitched roofs are not feasible or practical in a given situation,
then, at a minimum, a pitched roof architectural feature shall be
required as a detail element, i.e., entryway or tower element to break
the horizontal facade.
(11)
Any large building facade and the sides visible
from the transportation corridor should incorporate changes in plane
and architectural features that give the appearance of several common-wall
buildings.
(12)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(13)
The number of off-street parking spaces provided
should be the minimum necessary to adequately serve the intended use.
(14)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(15)
Drive-in and drive-through facilities shall
be located to the rear of buildings, and landscaping shall be used
to reduce the visibility of such facilities.
(16)
On-street parking is prohibited on Route 9.
Cross-easements should be used to provide shared access to parking
and driveways whenever possible.
(17)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
A.
District purpose. This district defines the emerging
mixed-use center along Salt Point Turnpike at and near the intersection
of Creek Road and Innis Avenue. In addition, this district shall serve
the following specific purposes.
[Amended 4-2-2014 by L.L. No. 1-2014]
(1)
Promote a mix of business, commercial, and residential
uses designed as an integrated community.
(2)
Promote pedestrian activity through a safe and walkable
environment, encourage a ”park once and walk around” core
and establish connections to adjacent residential neighborhoods.
(3)
Minimize the visual impact of the automobile by managing
the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(5)
Encourage the development of both on-street parking
and shared parking areas between nearby uses.
(6)
Promote a sufficient critical mass of employees, shoppers
and residents within close proximity to a commercial and mixed-use
core which encourages people to park once and walk because walking
becomes more convenient than driving for short trips within the core.
(7)
Promote a retail shopping and business environment
that is not strip-retail oriented, where shoppers park once and walk
between adjoining commercial uses where the buildings are primarily
connected to each other or use zero lot lines.
(8)
Provide public gathering spaces such as central greens
and centerpiece buildings.
(9)
Provide for a variety of housing options within walkable
proximity to the commercial core, including single-family and two-family
homes, and multifamily units.
(10)
Preserve, enhance and incorporate natural and
historic features in order to enhance a sense of place, greenway connections
and natural edge conditions.
B.
Permitted uses. Permitted uses shall be as follows
(Note: "*" designates a use which is subject to site plan approval
by the Planning Board):
(1)
*Adaptive reuse of existing residential structures
for nonresidential use.
(4)
*Banks and financial services.
(5)
*Bakeries.
(7)
*Clinics.
(8)
*Delicatessens.
(9)
*Dwellings, single-family.
(10)
*Dwellings, two-family.
(11)
*Health clubs.
(12)
*Libraries, community centers.
(13)
*Laundries, dry cleaners.
(14)
*Offices.
(15)
*Personal service businesses, no drive-in or
drive-through.
(16)
*Retail businesses, no drive-in or drive-through.
(17)
*Restaurants, no drive-in or drive-through.
(18)
*Service businesses, no drive-in or drive-through.
(19)
*Supermarkets.
(20)
*Theaters.
C.
Special uses. Special permitted uses shall be as follows
(Note: "*" designates a use which is subject to both special use permit
and site plan approval by the Planning Board; "+" designates a use
that is subject to special use permit approval by the Zoning Board
of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 4-2-2014 by L.L. No.
1-2014; 7-19-2017 by L.L. No. 13-2017; 9-21-2022 by L.L. No. 8-2022]
D.
Accessory uses shall be as follows (Note: "*" designates
a use which is also subject to site plan approval by the Planning
Board):
[Amended 3-24-2010 by L.L. No. 5-2010; 4-2-2014 by L.L. No. 1-2014; 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for a detached single-family
dwelling unit in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side and Rear Yard
(feet)
|
Usable Open Space Set-Aside
(square feet)a
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
4,000
|
40
|
40
|
15
|
6 feet side 20 feet rear
|
1,000 per unit
|
45%
|
85%
|
28 or 2 stories
|
|
NOTE:
| |
|---|---|
|
a
|
Shall be reserved outside of building
lot area as usable open space for the development of public parks,
commons, or small pedestrian plazas with amenities such as benches,
landscaping and natural walking trails.
|
F.
The area and bulk regulations for attached residential
units in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(acres)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side and Rear Yard
(feet)
|
Usable Open Space Set-Aside
(square feet)a
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
8
|
70
|
70
|
25
|
15
|
1,000 per unit
|
70%
|
80%
|
35 or 2 stories
|
|
NOTE:
| |
|---|---|
|
a
|
Shall be reserved outside of building
lot area as usable open space for the development of public parks,
commons, or small pedestrian plazas with amenities such as benches,
landscaping and natural walking trails.
|
G.
The area and bulk regulations for nonresidential or
mixed residential/nonresidential use structures as attached units
in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side and Rear Yard
(feet)
|
Usable Open Space Set-Aside
(square feet)a
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surfaceb
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
1,600
|
22
|
22
|
10
|
0
|
500 per 1,600 square feet of lot area
|
95%
|
100%
|
45 or 3 stories
|
|
NOTES:
| |
|---|---|
|
a
|
Must be reserved outside of building
lot area as usable open space for the development of public parks,
commons, or small pedestrian plazas with amenities such as benches,
landscaping and natural walking trails.
|
|
b
|
Lot coverage percentage versus impervious
coverage percentage is designed to encourage parking within attached
residential structures to minimize grade (ground) parking.
|
H.
The area and bulk regulations for nonresidential or
mixed residential/nonresidential use structures as detached units
in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011; 4-2-2014 by L.L. No.
1-2014; 9-21-2022 by L.L. No. 8-2022]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side and Rear Yard
(feet)
|
Usable Open Space Set-Aside
(square feet)a
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)b
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
5,000
|
30
|
30
|
10
|
10 side
25 rear
|
500 per 5,000 square feet of lot area
|
65%
|
80%
|
45 or 3 stories
|
|
NOTES:
| |
|---|---|
|
a
|
Shall be reserved outside of building
lot area as usable open space for the development of public parks,
commons, or small pedestrian plazas with amenities such as benches,
landscaping and natural walking trails.
|
|
b
|
Lot coverage percentage versus impervious
coverage percentage is designed to encourage parking within attached
residential structures to minimize grade (ground) parking.
|
(1)
On a lot, no single retail use shall occupy ground
floor space in excess of 12,000 gross square feet.
(2)
The continuous ground level frontage of a single commercial-use
building in excess of 60 feet in length on any frontage exposed to
a street, public space or parking area and ground-level commercial
uses larger than 4,000 square feet shall be contained in a mixed-use
structure or be architecturally designed to appear as a streetscape
composed of a variety of buildings that helps to further prevent the
visual dominance or appearance of a single, large commercial use.
(3)
Maximum residential dwelling unit density. Within
the SPC District, residential density shall not exceed six dwelling
units per acre. Notwithstanding, residential dwelling units located
immediately above a ground-floor or second-floor nonresidential use
shall not be counted against the maximum residential dwelling unit
density, provided the building meets applicable coverage and open
space requirements, sufficient parking for the residential uses is
provided, and open space is set aside for the dwelling units as provided
herein.
(4)
Maximum retail use density. Within the SPC District,
the total gross square footage of building space devoted to retail
uses shall not exceed 65% of the total gross square footage of all
commercial space.
(5)
The development of mixed residential and nonresidential
uses is required for each application. For any application, no less
than 20% of the total gross square footage of all structures shall
be reserved for nonresidential business and institutional uses. The
Zoning Board of Appeals shall have no authority to grant a variance
from this requirement.
(6)
Ingress and egress. Locations for ingress and egress
to a lot shall be approved by the Planning Board and shall be so arranged
as to connect with existing state, county or Town highways, or to
a proposed Town highway that has been approved by the Town Board.
(7)
Unless approved by the Planning Board, parking shall
be located to the side or to the rear of principal structures.
I.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the SPC District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to an adaptive reuse project. All redevelopment projects shall meet
the standards set forth herein.
(1)
The use of traditional neighborhood development design
is required. A mix of commercial uses and/or residential and commercial
uses in all development projects is required. The Planning Board shall
require that a development be phased to ensure the required mix of
uses is implemented.
(2)
Larger-scale, single-use facilities (conference spaces,
theaters, supermarkets or department stores, for example) shall occur
behind smaller-scale buildings or storefronts with pedestrian orientation
and may be one story with a two-story facade.
(3)
New or in-fill construction should be designed so as to be compatible
with the design standards of this section. The setback, height, bulk,
gable and pitch of roofs, use of porches, shutters and other exterior
design elements should result in an overall design that complements
the existing character of the streetscape.
[Amended 4-2-2014 by L.L. No. 1-2014]
(4)
Shared parking facilities are encouraged. The Planning
Board shall ensure that appropriate cross-easements for use and ingress
and egress to shared parking facilities are filed with the County
Clerk as part of development plan approval. Where appropriate, the
Planning Board may allow on-street parking, provided the street width
is adequate to safely accommodate on-street parking. Service alleys
should access practicable, off-street parking spaces for residential
uses.
(5)
The incorporation of small, landscaped front yards
is encouraged with any new residential or commercial use (if the building
is not built to the sidewalk edge).
(6)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping is
encouraged.
(7)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(8)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(9)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located is prohibited. All facades that face a street, parking
lot or public area shall have windows.
(10)
The utilization of ribbon or continuous strip
glazing in any building facade should be avoided.
(11)
Flat roofs shall be avoided, except where the
size or type of the building requires a flat roof and facade variations
and other architectural features can disguise the flatness of the
roof. Pitched roofs shall be used on buildings in lieu of flat roofs
to the extent feasible. If pitched roofs are not feasible or practical
in a given situation, then, at a minimum, a pitched roof architectural
feature shall be required as a detail element, i.e., entryway or tower
element to break the horizontal facade.
(12)
Any large building facade and the sides visible
from the transportation corridor should incorporate changes in plane
and architectural features that give the appearance of several common-wall
buildings.
(13)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(14)
Sidewalks shall be provided along any public
street and shall, where practicable, link with existing and future
potential sidewalks and pedestrian pathways. The sidewalks shall be
separated from the street by a tree lawn at least four feet wide.
In approving sidewalks, the Planning Board shall ensure that a recorded
instrument sets forth the responsibility of the applicant and the
future owners of the lots for maintenance and repair of the new sidewalks
and landscaping. Alternatively, the Planning Board may request that
the Town Board establish a special district for the purpose of sidewalk
and landscaping maintenance and repair.
(15)
The number of off-street parking spaces provided
should be the minimum necessary to adequately serve the intended use.
(16)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(17)
Where permitted, drive-through facilities should
be located at the side or rear of buildings, and landscaping should
be used to reduce the visibility of such facilities.
[Amended 4-2-2014 by L.L. No. 1-2014]
(18)
Pedestrian safety and internal vehicular circulation
must be considered in the design of any drive-through facilities.
(19)
Cross-easements should be used to provide shared
access to parking and driveways whenever possible.
(20)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
[Amended 3-24-2010 by L.L. No. 5-2010; 4-6-2011 by L.L. No.
8-2011; 12-14-2011 by L.L. No. 34-2011]
A.
District purpose. This district defines the emerging mixed-use center
along State Route 44 and at across from the former Frank Brothers
Farm property. In addition, this district serves the following specific
purposes:
[Amended 7-18-2018 by L.L. No. 8-2018]
(1)
Promote a mix of business, commercial, and residential uses in single-story
and multistory buildings designed as an integrated community along
the southeastern side of Route 44.
(2)
Promote pedestrian activity through a safe and walkable environment,
encourage a "park once and walk around" core and establish connections
to adjacent residential neighborhoods.
(3)
Minimize the visual impact of the automobile by managing the placement
and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular
traffic.
(5)
Encourage the development of both on-street parking and shared parking
areas between nearby uses.
(6)
Promote a sufficient critical mass of employees, shoppers and residents
within close proximity to a commercial and mixed-use core which encourages
people to park once and walk because walking becomes more convenient
than driving for short trips within the core.
(7)
Promote a retail shopping and business environment that is not strip-retail
oriented, where shoppers park once and walk between adjoining commercial
uses where the buildings are primarily connected to each other or
use zero lot lines.
(8)
Provide public gathering spaces such as central greens and centerpiece
buildings.
(9)
Provide for a variety of housing options within walkable proximity
to the commercial core including single-family, two-family homes,
and multifamily units.
(10)
Preserve, enhance and incorporate natural and historic features
in order to enhance a sense of place, greenway connections and natural
edge conditions.
B.
Permitted uses. Permitted uses shall be as follows (Note: "*" designates
a use which is subject to site plan approval by the Planning Board):
(1)
*Adaptive reuse of existing residential structure for nonresidential
use.
(4)
*Bank and financial services.
(5)
*Bakery.
(6)
*Bar, provided that food sales account for not less than 25% of gross
sales and hours of operation shall be limited to 11:00 a.m. to 11:00
p.m.
(9)
*Clinics.
(10)
*Delicatessen.
(11)
*Dwelling, single-family.
(12)
*Dwelling, two-family.
(13)
*Health club.
(15)
*Library, community center.
(16)
*Laundry, dry cleaner.
(17)
*Office.
(18)
*Passive outdoor recreation and open space, excluding outdoor
recreation facilities.
[Added 7-18-2018 by L.L.
No. 8-2018]
(19)
*Personal service business, no drive-in or drive-through.
(20)
*Retail business, no drive-in or drive-through.
(21)
*Restaurants, no drive-in or drive-through.
(22)
*Service business, no drive-in or drive-through.
(23)
*Supermarket.
(24)
*Theater.
C.
Special uses. Special permitted uses shall be as follows (Note: "*"
designates a use which is subject to both special use permit and site
plan approval by the Planning Board; "+" designates a use that is
subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
(2)
*Commercial garages.
(3)
*Commercial recreation, indoor only.
(7)
*Multifamily dwellings, and mixed-use buildings with nonresidential
uses on the ground floor, on lands that are or were part of a single
site plan application across two or more parcels within the MHC District.
[Amended 7-18-2018 by L.L. No. 8-2018]
D.
Accessory uses shall be as follows (Note: "*" designates a use which
is also subject to site plan approval by the Planning Board.):
[Amended 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for a detached single-family unit in
the MHC District shall be as follows:
|
Minimum
Lot Area
(square feet)
|
Minimum
Frontage
(feet)
|
Minimum
Front Yard
(feet)
|
Minimum Side
and Rear Yard
(feet)
|
Usable Open
Space Set-Aside
(square feet)a
|
Maximum
Lot Coverage
(%)
|
Maximum
Impervious
Surface
(%)
|
Maximum
Height
(feet)
|
|---|---|---|---|---|---|---|---|
|
4,000
|
40
|
15
|
6 feet side; 20 feet rear
|
1,000 per unit
|
45%
|
68%
|
28 feet or 2 stories
|
|
NOTE:
| |
|---|---|
|
a
|
Shall be reserved outside of building lot area as usable
open space for the development of public parks, commons, or small
pedestrian plazas with amenities such as benches, landscaping and
natural walking trails.
|
F.
The area and bulk regulations for attached residential units in the
MHC District shall be as follows:
|
Minimum
Lot Area
(acres)
|
Minimum
Frontage
(feet)
|
Minimum
Front Yard
(feet)
|
Minimum Side
and Rear Yard
(feet)
|
Usable Open
Space Set-Aside
(square feet)a
|
Maximum
Lot Coverage
(%)
|
Maximum
Impervious
Surfaceb
(%)
|
Maximum
Height
(feet)
|
|---|---|---|---|---|---|---|---|
|
8
|
70
|
25
|
15
|
1,000 per unit
|
70%
|
80%
|
50 feet or 3 1/2 stories
|
|
NOTE:
| |
|---|---|
|
a
|
Shall be reserved outside of building lot area as usable
open space for the development of public parks, commons, or small
pedestrian plazas with amenities such as benches, landscaping and
natural walking trails.
|
G.
The area and bulk regulations for nonresidential or mixed residential/nonresidential
use structures as attached units in the MHC District shall be as follows:
|
Minimum
Lot Area
(square feet)
|
Minimum
Frontage
(feet)
|
Minimum
Front Yard
(feet)
|
Minimum Side
and Rear Yard
(feet)
|
Usable Open
Space Set-Aside
(square feet)a
|
Maximum
Lot Coverage
(%)
|
Maximum
Impervious
Surfaceb
(%)
|
Maximum
Height
(feet)
|
|---|---|---|---|---|---|---|---|
|
1,600
|
22
|
10
|
0
|
500 per 1,600 square feet of lot area
|
95%
|
100%
|
50 feet or 4 stories
|
|
NOTES:
| |
|---|---|
|
a
|
Shall be reserved outside of building lot area as usable
open space for the development of public parks, commons, or small
pedestrian plazas with amenities such as benches, landscaping and
natural walking trails.
|
|
b
|
Lot coverage % vs. impervious coverage % is designed
to encourage parking within attached residential structures to minimize
grade (ground) parking.
|
H.
The area and bulk regulations for nonresidential or mixed residential/nonresidential
use structures as detached units in the MHC District shall be as follows:
|
Minimum
Lot Area
(square feet)
|
Minimum
Frontage
(feet)
|
Minimum
Front Yard
(feet)
|
Minimum Side
and Rear Yard
(feet)
|
Usable Open
Space Set-Aside
(square feet)a
|
Maximum
Lot Coverage
(%)
|
Maximum
Impervious
Surface
(%)b
|
Maximum
Height
(feet)
|
|---|---|---|---|---|---|---|---|
|
5,000
|
30
|
10
|
10 feet side; 25 feet rear
|
500 per 5,000 square feet of lot area
|
65%
|
80%
|
50 feet or 3 1/2 stories
|
|
NOTES:
| |
|---|---|
|
a
|
Shall be reserved outside of building lot area as usable
open space for the development of public parks, commons, or small
pedestrian plazas with amenities such as benches, landscaping and
natural walking trails.
|
|
b
|
Lot coverage percentage vs. impervious coverage percentage
is designed to encourage parking within attached residential structures
to minimize grade (ground) parking.
|
I.
Additional area and bulk regulations. The following regulations are in addition to the area and bulk regulations of Subsections E, F, G, and H of this section:
(1)
With the exception of a supermarket/grocery store on a lot, no single
retail use shall occupy ground-floor space in excess of 35,000 square
feet. A supermarket/grocery store may occupy ground-floor space not
to exceed 65,000 square feet.
(2)
The continuous ground-level frontage of a single commercial use building
in excess of 60 feet in length along any frontage exposed to a street,
public space or parking area and ground-level commercial uses larger
than 15,000 square feet shall be contained in a mixed-use structure
or be architecturally designed to appear as a streetscape composed
of a variety of small buildings that helps to further prevent the
visual dominance or appearance of a single, large commercial use.
(3)
Maximum residential dwelling unit density. For lands that are or
were part of a single site plan application across two or more parcels
within the MHC District, the overall residential density for the project
shall not exceed six dwelling units per acre. In approving the maximum
allowable density for such a project, the Planning Board shall condition
the approval of any site plan or other development plan on an agreement
between the applicant and the Town that ensures the maximum residential
density as agreed to between the applicant and the Town shall not
be exceeded in the future. Notwithstanding, residential dwelling units
located immediately above a ground-floor or second-floor nonresidential
use shall not be counted against the maximum residential dwelling
unit density, provided that sufficient parking is provided and usable
open space is set aside for such units within the overall project
as required herein.
(4)
Maximum retail use density. For lands that are or were part a single
site plan application across two or more parcels within the MHC District,
the total gross square footage of building space devoted to retail
uses shall not exceed 75% of the total gross square footage of all
nonresidential building space, and not less than 25% of the total
gross square footage of all nonresidential building space shall be
nonretail uses such as offices, restaurants, civic uses, etc. The
Planning Board shall ensure that compliance with this provision is
maintained by requiring the reduction or elimination of proposed retail
space where the gross square footage of retail space would exceed
75% of all nonresidential building space. Nothing herein shall be
construed to prevent the development of a greater amount of nonretail
commercial space than the minimum of 25%. In approving the maximum
allowable percentage of retail space, the Planning Board may condition
the approval of any development plan on an agreement between the applicant
and the Town in which the maximum allowable percentage of retail as
agreed to between the applicant and the Town shall not be exceeded.
(5)
The development of mixed residential and nonresidential uses is required
for each proposal involving lands that are or were part of a single
site plan application across two or more parcels within the MHC District.
The Planning Board shall reject any such application that does not
include nonresidential uses providing services to residents of the
MHC District and the community. For any such application no less than
15% of the total gross square footage of all structures shall be reserved
for nonresidential business and institutional uses. The Zoning Board
of Appeals shall have no authority to grant a variance from this requirement.
(6)
Location of open space. The open space set-aside is intended to be
located in one or more designated areas for the use of MHC residents
and/or the general public, the intention being that the open space
that is set-aside be aggregated as a large parcel(s) and not be disbursed
into small, less usable spaces.
(7)
Ingress and egress. Locations for ingress and egress to a lot shall
be approved by the Planning Board and shall be so arranged as to connect
with existing state, county or Town highways, or to a proposed Town
highway that has been approved by the Town Board.
(8)
Unless approved by the Planning Board, parking shall be located to
the side or to the rear of principal structures.
(9)
If an open development area in accordance with the Town Law § 280-a(4)
is approved by the Town Board for lands that are or were part of a
single site plan application across two or more parcels within the
MHC District, then individual lots within the open development area
are not required to have frontage on a public street, provided that
appropriate reciprocal easements, to the satisfaction of the Planning
Board, are provided for access between such lots and to public streets
over common internal roadways and driveways to be constructed in accordance
with the approved site plan.
(10)
Pursuant to § 274-a(5) of the Town Law, the Town Board of the Town of Poughkeepsie hereby grants to the Planning Board of the Town of Poughkeepsie the authority to modify applicable area, yard, bulk, and design provisions of Subsections E, F, G, and H of this § 210-27 when, in the Planning Board's sole discretion, doing so would be consistent with the goals and objectives of the Town Plan and this chapter pertaining to the intent and purposes of the MHC District. This grant of authority shall not be construed to permit the Planning Board to vary the minimum buffer setbacks required for proposed lots adjacent to existing residential uses in a residential district as set forth in this chapter except as otherwise expressly permitted. To the extent that any provisions of this authorization are inconsistent with § 274-a of the Town Law, the Town Board of the Town of Poughkeepsie hereby declares its intent to supersede those sections of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law § 10(1)(ii)(d)(3) et seq.
[2]
Editor's Note: This local law also redesignated former Subsection
I as Subsection J.
J.
Design standards. The following guidelines shall be applied during
the site plan and subdivision review of any new development project
involving undeveloped land in the MHC District. The Planning Board
shall use its discretion as to the applicability of these guidelines
to an adaptive reuse project. All redevelopment projects shall meet
the standards set forth herein.
(1)
The use of traditional neighborhood development design is required.
A mix of commercial uses and/or residential and commercial uses in
all development projects is required. Further, the Planning Board
shall require that a development be phased to ensure the required
mix of uses is implemented.
(2)
New or in-fill construction should be designed so as to be compatible
with the general character of buildings on the street frontage. The
setback, height, bulk, gable and pitch of roofs, use of porches, shutters
and other exterior design elements should result in an overall design
that complements the existing character of the streetscape.
(3)
Shared parking facilities are encouraged. The Planning Board shall
ensure that appropriate cross easements for use and ingress and egress
to shared parking facilities are filed with the county clerk as part
of development plan approval. Where appropriate the Planning Board
may allow on-street parking provided the street width is adequate
to safely accommodate on-street parking. Service alleys should access
practicable, off-street parking spaces for residential uses.
(4)
The incorporation of small, landscaped, front yards is encouraged
with any new residential or commercial use (if building is not built
to the sidewalk edge).
(5)
The development of public parks, commons, or small pedestrian plazas
with amenities such as benches and landscaping is encouraged.
(6)
Where practicable, existing tree rows and hedgerows, stonewalls,
and similar features should be retained in the development of any
new use or the expansion of any existing use.
(7)
Setbacks and landscaping for nonresidential and mixed-use structures shall be subject to the requirements of § 210-152A(2) of this chapter.
[Amended 7-18-2018 by L.L. No. 8-2018]
(8)
The construction of any blank, windowless facade facing a corridor
that provides frontage for the lot on which the building is located
is prohibited. All facades that face a street, parking lot or public
area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing in any building
facade should be avoided.
(10)
Flat roofs shall be avoided, except where the size or type of
the building requires a flat roof and facade variations and other
architectural features can disguise the flatness of the roof. Pitched
roofs shall be used on buildings in lieu of flat roofs to the extent
feasible. If pitched roofs are not feasible or practical in a given
situation, then, at a minimum, a pitched roof architectural feature
shall be required as a detail element, i.e., entryway or tower element
to break the horizontal facade.
(11)
Any large building facade and the sides visible from the transportation
corridor should incorporate changes in plane and architectural features
that give the appearance of several common-wall buildings.
(12)
All streets shall be designed to permit the installation of
electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(13)
Sidewalks of not less than five feet in width shall be provided
along any street and shall, where practicable, link with existing
and future potential sidewalks and pedestrian pathways. The sidewalks
shall be separated from the street by a tree lawn at least five feet
wide. In approving sidewalks the Planning Board shall ensure that
a recorded instrument sets forth the responsibility of the applicant
and the future owners of the lots for maintenance and repair of the
new sidewalks and landscaping. Alternatively the Planning Board may
request that the Town Board establish a special district for the purpose
of sidewalk and landscaping maintenance and repair.
(14)
The number of off-street parking spaces provided should be the
minimum necessary to adequately serve the intended use.
(15)
Where practicable, service alleys for deliveries and utility
access should be established along rear property lines.
(16)
Drive-through facilities should be located at the side or rear
of buildings and landscaping should be used to reduce the visibility
of such facilities.
(17)
Pedestrian safety and internal vehicular circulation must be
considered in the design of any drive-through facilities.
(18)
Cross-easements should be used to provide shared access to parking
and driveways whenever possible.
(19)
Off-street parking lots and loading areas, accessory use structures
or storage other than sheds should be screened from walkways and streets
utilizing appropriate vegetation and/or fencing.
A.
District purpose. This district defines the emerging
mixed-use center at the former Herman's Nursery and Roe Movers properties
on Route 44 near the Town of Pleasant Valley boundary. In addition,
this district serves the following specific purposes:
(1)
Promote a mix of business and commercial uses within
a planned community environment.
(2)
Promote pedestrian activity through a safe and walkable
environment and establish connections to existing adjacent residential
neighborhoods.
(3)
Minimize the visual impact of the automobile by managing
the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian
and vehicular traffic.
B.
Permitted uses. Permitted uses shall be as follows
(Note: "*" designates a use which is subject to site plan approval
by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
(1)
*Adaptive
reuse of existing residential structures for nonresidential use.
(4)
*Banks
and financial services.
(5)
*Bakeries.
(7)
*Clinics.
(8)
*Delicatessens.
(9)
*Health
clubs.
(10)
*Offices.
(11)
*Personal service businesses, no drive-in or drive-thru.
(12)
*Retail businesses, no drive-in or drive-through.
(13)
*Restaurants, no drive-in or drive-through.
(14)
*Service businesses, no drive-in or drive-through.
(15)
*Supermarkets.
(16)
*Theaters.
(18)
*Warehouses, moving and storage.
C.
Special uses. Special permitted uses shall be as follows (Note: "*"
designates a use which is subject to both special use permit and site
plan approval by the Planning Board; "+" designates a use that is
subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates
a use which is also subject to site plan approval by the Planning
Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the RRH District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(acres)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
1
|
60
|
60
|
25
|
15
|
35
|
40%
|
80%
|
45 or 3 stories
|
(1)
On a lot, no single retail use shall occupy ground
floor space in excess of 9,500 square feet.
(2)
Ingress and egress. Locations for ingress and egress
to a lot shall be approved by the Planning Board and shall be so arranged
as to connect with existing state, county or Town highways, or to
a proposed Town highway that has been approved by the Town Board.
(3)
Unless approved by the Planning Board, parking shall
be located to the side or to the rear of principal structures.
(4)
Maximum residential dwelling unit density. Within
the RRH District, residential density shall not exceed four dwelling
units per acre.
(5)
The continuous ground-level frontage of a single commercial
use building in excess of 60 feet in length along any frontage exposed
to a street, public space or parking area and ground-level commercial
uses larger than 4,000 square feet shall be contained in a mixed-use
structure or be architecturally designed to appear as a streetscape
composed of a variety of small buildings that helps to further prevent
the visual dominance or appearance of a single, large commercial use.
(6)
The development of mixed residential and nonresidential
uses is required for each application. The Planning Board shall reject
any application that does not include nonresidential uses providing
services to center district and community residents. For any application,
no less than 20% of the total gross square footage of all structures
shall be reserved for nonresidential business and institutional uses.
The Zoning Board of Appeals shall have no authority to grant a variance
from this requirement.
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the RRH District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to an adaptive reuse project. All redevelopment projects shall meet
the standards set forth herein.
(1)
Larger-scale, single-use facilities (conference spaces,
theaters, supermarkets or department stores, for example) shall occur
behind smaller-scale buildings or storefronts with pedestrian orientation
and may be one story with a two-story facade.
(2)
New or in-fill construction should be designed so
as to be compatible with the general character of buildings on the
street frontage. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements should
result in an overall design that complements the existing character
of the streetscape.
(3)
Shared parking facilities are encouraged. The Planning
Board shall ensure that appropriate cross easements for use and ingress
and egress to shared parking facilities are filed with the County
Clerk as part of development plan approval. Where appropriate, the
Planning Board may allow on-street parking, provided the street width
is adequate to safely accommodate on-street parking.
(4)
The incorporation of small, landscaped front yards
is encouraged with any new residential or commercial use (if the building
is not built to the sidewalk edge).
(5)
The development of public parks, commons, or small
pedestrian plazas with amenities such as benches and landscaping is
encouraged.
(6)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(7)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(8)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located is prohibited. All facades that face a street, parking
lot or public area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing
in any building facade should be avoided.
(10)
Flat roofs shall be avoided, except where the
size or type of the building requires a flat roof and facade variations
and other architectural features can disguise the flatness of the
roof. Pitched roofs shall be used on buildings in lieu of flat roofs
to the extent feasible. If pitched roofs are not feasible or practical
in a given situation, then, at a minimum, a pitched roof architectural
feature shall be required as a detail element, i.e., entryway or tower
element to break the horizontal facade.
(11)
Any large building facade and the sides visible
from the transportation corridor should incorporate changes in plane
and architectural features that give the appearance of several common-wall
buildings.
(12)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(13)
Sidewalks shall be provided along any public
street and shall, where practicable, link with existing and future
potential sidewalks and pedestrian pathways. The sidewalks shall be
separated from the street by a tree lawn at least four feet wide.
In approving sidewalks, the Planning Board shall ensure that a recorded
instrument sets forth the responsibility of the applicant and the
future owners of the lots for maintenance and repair of the new sidewalks
and landscaping. Alternatively, the Planning Board may request that
the Town Board establish a special district for the purpose of sidewalk
and landscaping maintenance and repair.
(14)
The number of off-street parking spaces provided
should be the minimum necessary to adequately serve the intended use.
(15)
Where practicable, service alleys for deliveries
and utility access should be established along rear property lines.
(16)
Drive-in and drive-through facilities shall
be located at the side or rear of buildings, and landscaping shall
be used to minimize the visibility of such facilities.
(17)
Pedestrian safety and internal vehicular circulation
must be considered in the design of any drive-through facilities.
(18)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds shall be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
A.
District purpose. This district defines the commercial
hamlet center at Red Oaks Mills. The uses within this district are
intended to provide convenient shopping facilities of sufficient variety
to supply the daily requirements of adjacent residential areas. The
size of any facility should be kept to a minimum to provide the service.
B.
Permitted uses shall be as follows (Note: "*" designates
a use which is subject to site plan approval by the Planning Board):
(3)
*Bakeries, no drive-in or drive-through.
(4)
*Banks or financial services.
(5)
*Delicatessens, no drive-in or drive-through.
(6)
*Health clubs.
(7)
*Laundries, laundromats.
(8)
*Libraries.
(9)
*Offices.
(10)
*Personal service businesses.
(12)
*Post offices.
(14)
*Recreation, indoor, private, not specifically
mentioned.
(15)
Recreation, outdoor, located in a floodplain
area and not involving any new construction or site work such as grading
or removal of vegetation.
(16)
*Restaurants, no drive-in or drive-through.
(17)
*Retail businesses.
(18)
*Service businesses.
(19)
*Tattoo parlor.
[Added 7-6-2022 by L.L.
No. 5-2022]
C.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates
a use which is subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the ROMNSC District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
20,000
|
N/A
|
N/A
|
25
|
25
|
35
|
30%
|
80%
|
30 or 1 story
|
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the ROMNSC District:
(1)
Sidewalks at the building(s) shall be required.
(2)
Shared parking facilities are encouraged. The Planning
Board shall ensure that appropriate cross-easements for use and ingress
and egress to shared parking facilities are filed with the County
Clerk as part of development plan approval.
(3)
Screening and landscaping. A hedge, fence or wall
of a design and material subject to approval by the Planning Board,
with a height of not less than six feet and, except in the case of
planting screens, not more than eight feet, adequate to screen at
all seasons of the year the operations conducted on the lot from the
view of any abutting residence district, shall be installed along
any residence district boundary.
(4)
Flat roofs shall be avoided, except where the size
or type of the building requires a flat roof and facade variations
and other architectural features can disguise the flatness of the
roof. Pitched roofs shall be used on buildings in lieu of flat roofs
to the extent feasible. If pitched roofs are not feasible or practical
in a given situation, then, at a minimum, a pitched roof architectural
feature shall be required as a detail element, i.e., entryway or tower
element to break the horizontal facade.
(5)
For the redevelopment of a parcel, a landscaped buffer
area of not less than 15 feet in depth shall be provided along the
side yard and rear yard of any lot. In addition, a landscaped buffer
area of not less than 10 feet in depth shall be provided along the
front yard of any lot.
(6)
Utilities shall be placed underground.
(7)
Signs shall be designed in accordance with an overall
comprehensive signage plan in which the size, materials, and color
of wall-mounted signage shall be appropriate to the dimensions and
architectural appearance of the building to which it is affixed or,
in the case of freestanding signs, with which it is associated.
(8)
Trash and storage containers shall meet the requirements of § 210-112. Enclosures shall be constructed of masonry walls with a steel gate and shall be compatible with the color of the walls of the building to which they are associated.
(9)
New or in-fill construction should be designed so
as to be compatible with the general character of buildings on the
street frontage. The setback, height, bulk, gable and pitch of roofs,
use of porches, shutters and other exterior design elements should
result in an overall design that complements the existing character
of the streetscape.
(10)
The development of public parks, commons, or
small pedestrian plazas with amenities such as benches and landscaping
is encouraged.
(11)
Where practicable, existing tree rows and hedgerows,
stone walls, and similar features should be retained in the development
of any new use or the expansion of any existing use.
(12)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(13)
Additions to existing buildings shall use materials
and details complementary to those incorporated in the parent structure.
(14)
New buildings, or additions to existing buildings,
shall reflect any discernible pattern of window and door openings
that is established among adjacent structures or is present in the
existing building.
(15)
The construction of any blank, windowless facade
facing a corridor that provides frontage for the lot on which the
building is located is prohibited. All facades that face a street,
parking lot or public area shall have windows.
(16)
The utilization of ribbon or continuous strip
glazing in any building facade shall be avoided.
(17)
All roof-mounted equipment shall be screened
utilizing screens of a height equal to the height of the unit.
(18)
Any large building facade and the sides visible
from a street shall incorporate changes in plane and architectural
features that give the appearance of several common-wall buildings.
(19)
Major modifications to the existing landscape
such as extensive grading, clear-cutting of trees, or other similar
activities shall be avoided to the extent possible.
(20)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(21)
Where permitted, drive-in and drive-through
facilities shall be located at the side or rear of buildings, and
landscaping shall be used to reduce the visibility of such facilities.
Drive-in and drive-through facilities shall be integrated architecturally
into the building, and such facilities shall not be permitted to have
an additional curb cut and/ or a separate curb cut for ingress and
egress to the street.
[Amended 10-7-2020 by L.L. No. 9-2020]
(22)
Cross-easements shall be used to provide shared
access to parking and driveways whenever possible.
(23)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds shall be screened from
walkways and streets utilizing landscaping and/or fencing.
[Amended 12-6-2017 by L.L. No. 27-2017]
A.
District purpose. This district applies to the former New York State
Psychiatric Center on Route 9 in the Fairview section of the Town
near the boundary with the Town of Hyde Park. Until such time as an
application for a master development plan has been approved by the
Town Board as set forth in this section, no permits for the use of
the property, or for construction, reconstruction, or site work, shall
be issued, except as set forth in Subdivisions C and D following.
This district serves the following specific purposes:
(1)
Promote the preservation and adaptive reuse of landmark structures
in historic districts and historically significant open spaces where
feasible.
(2)
Promote the preservation of open space by clustering of dwelling
units and concentrating mixed development within an integrated design
plan creating residential areas and accessible neighborhood commercial
centers and recreational spaces.
(3)
Promote a mix of commercial and residential uses within a planned
community environment where building bulk and architecture, as well
as the location of use types, complement each other and harmonize
with open spaces and the surrounding landscape.
(4)
Promote pedestrian activity through a safe and walkable environment
and establish, where appropriate, an integrated circulation network
of streets, sidewalks and other pathways linking the residential,
commercial and recreational areas in the HRDD.
B.
Permitted uses within the HRDD District shall be as follows, with
the type, size, height and location of all uses subject to approval
of a development master plan by the Town Board, and site plan review
and approval by the Planning Board:
(1)
Art galleries, workshops or retail shops associated with arts, crafts
or fine arts.
(2)
Artists' live-work facilities.
(3)
Bars, taverns.
(6)
Clinics.
(9)
Laundromats, dry cleaners.
(10)
Libraries.
(11)
Nurseries, greenhouses and vegetable stands.
(12)
Offices, including professional and medical offices.
(13)
Personal service businesses.
(14)
Public or semipublic uses such as live theaters, concert halls,
museums or meeting rooms suitable for social, civic, cultural or educational
activities.
(16)
Residential housing, which may be owner-occupied, provided for
rental, or a combination thereof, and, if provided for sale, to be
owned in fee simple, condominium, or cooperative ownership, which
housing may include any of the following, or any combination thereof:
(a)
Dwellings, single-family.
(b)
Dwellings, two-family.
(c)
Dwellings, multiple-family.
(d)
Flats, studios, and residential apartment units located in multiple-family
dwellings, or in mixed-use buildings.
(e)
Combination building: a building containing a combination of
two or more dwelling unit types, which may include any of the following:
single-family attached, flats, or two-story apartments, any of which
may be arranged beside, above, or under other unit types.
(f)
Mixed-use building: a building that combines one or more dwelling
unit types, which may include, without limitation, single-family attached,
flats, or two-story apartments, any or which may be arranged beside,
above, or under each other or in combination with other nonresidential
uses, including, without limitation, residential flats or townhouses
over or within buildings partially devoted to retail, commercial,
small-scale light industrial, or other nonresidential use, as regulated
herein.
(g)
Memory care facility. Each residential unit in said facility shall count toward the maximum residential density allowed in the HRDD in accordance with § 210-30C(1).
[Added 5-6-2020 by L.L.
No. 4-2020]
(h)
Senior housing, age-restricted. Each residential unit in said facility shall count toward the maximum residential density allowed in the HRDD in accordance with § 210-30C(1).
[Added 5-6-2020 by L.L.
No. 4-2020]
(i)
Senior housing, assisted-living. Each residential unit in said facility shall count toward the maximum residential density allowed in the HRDD in accordance with § 210-30C(1).
[Added 5-6-2020 by L.L.
No. 4-2020]
(18)
Retail businesses, including banks, bakeries, delicatessens
and other retail businesses providing goods and services primarily
to the immediate neighborhood.
(20)
Schools, nursery schools.
(21)
Service businesses.
(22)
Supermarkets.
(23)
Movie theaters.
(24)
Light industrial uses.
(25)
Mixed-use buildings containing two or more permitted residential
and commercial uses.
(26)
Other uses as approved by the Town Board as part of a development
master plan.
(27)
Accessory uses as approved by the Town Board as part of a development master plan; or accessory outdoor restaurant dining facilities subject to § 210-102 or accessory sidewalk seating and tables for patrons subject to § 210-104.1 and subject to site plan approval by the Planning Board.
[Amended 5-6-2020 by L.L. No. 4-2020]
C.
Development master plan required. Due to the unique nature of redevelopment of the HRDD property, except as set forth in this Subsection C, there are no minimum or maximum height, area and bulk requirements in the HRDD. As a result, no application for site plan, special use permit, subdivision, or variance approval for any development project in the HRDD shall be reviewed or approved until a development master plan has been approved by the Town Board in accordance with the procedures set forth herein and in § 210-66 of this chapter. In addition, with the exception of repairs and ordinary building maintenance, subject to obtaining permits for such work, and with the further exception of demolition as permitted or authorized pursuant to the Town Code, no building permit or certificate of occupancy shall be issued for any development project in the HRDD until a development master plan has been approved by the Town Board in accordance with the procedures set forth herein and in § 210-66 of this chapter.
(1)
Maximum residential density. The maximum residential density shall
be 750 residential units.
(2)
Maximum nonresidential development density. The maximum nonresidential
development density shall be 350,000 square feet. In the event that
the eighty-thousand-square-foot main/administrative building is adaptively
reused as a hotel, this maximum nonresidential development density
may be increased to 430,000 square feet solely to accommodate such
reuse. Approval for any nonresidential density beyond 430,000 square
feet shall be at the sole discretion of the Town Board as part of
the development master plan after consideration of the Planning Board's
recommendation.
(3)
Area and bulk requirements. Area and bulk requirements for both residential
and nonresidential uses (principal and accessory), including minimum
lot area, minimum yards, minimum setbacks, building height, and other
bulk and lot standards such as buffers, shall be determined and approved
by the Town Board in its sole discretion as part of the development
master plan after consideration of the Planning Board's recommendation.
(4)
In considering the development master plan application, the Town Board shall determine whether the application is consistent with the purposes of the HRDD set forth in Subsection A above, as well as the design standards for approval of a development master plan set forth in Subsection D below. The Town Board shall establish any conditions of approval consistent with the purposes of the HRDD and design standards, including requirements with respect to land use intensity and/or dwelling unit density, building height, lot and bulk standards, signage standards, and the land uses that will be permitted, including any accessory uses. Such conditions of approval may include, without limitation:
(a)
Restrictions on the quantity, type and location of each permitted
land use, as well as the size and height of the building in which
any use will be located;
(b)
Responsibility for implementation of on-site and off-site infrastructure
improvements demonstrated as necessary to service the planned development;
(c)
Provisions for the permanent preservation and maintenance of
required open spaces and buildings or sites of significant historical
and/or archaeological value;
(d)
The establishment of standards, including design, performance and/or bulk standards, as determined appropriate by the Town Board, to govern the future approval by the Planning Board of detailed subdivisions and/or site plans as set forth in Subsection C(7) below;
(e)
Requirements related to the phasing, timing and/or sequencing
of the proposed development and related improvements; and
(f)
Any other items relating to the health, safety and general welfare
of the public.
(5)
To facilitate the approval of a development master plan, the Town
Board may enter into a development agreement or memorandum of understanding
with the applicant. The purpose of such development agreement or memorandum
of understanding shall be to establish, in writing and for the benefit
of both parties, the specific parameters of the approval which may
be granted by the Town Board, including any public improvements and/or
land dedications required in connection therewith, and which the applicant
may use to plan the financing and construction of the planned development.
(6)
The Town Board and the Planning Board may conduct joint meetings
to facilitate development master plan review.
(7)
Development master plan and site plan review required.
(a)
The applicant shall submit a conceptual development master plan for the HRDD tract, which shall be reviewed and approved by the Town Board in accordance with § 210-66 of this chapter, and refined during the review process, and which shall upon approval be the development master plan for the HRDD tract. After Town Board approval of the development master plan, the planned development may be divided for purposes of, among other things, sale, leasing and other transfers, mortgaging, and financing, into separate development sites that contain any one or more of the approved uses, and each such development site may be the subject of individual site plan review and approval by the Planning Board, provided that:
[1]
All uses shall only be developed in accordance with any phasing
plan approved by the Town Board as part of a development master plan;
[2]
Prior to commencing construction of any development site or
phase of the development, all demolition required to perform the development
of such site or phase must be completed, and all state-designated
landfills on the portion of the land to be developed shall be closed,
and remediated in accordance with all applicable federal, state and
local requirements; and
(b)
Any development master plan approval shall include conditions requiring that the applicant provide assurances, where appropriate as determined by the Town and the applicant in any applicable agreements, or other understandings, that demolition will be completed in a timely and complete manner. Each separate site plan shall conform to the site plan design standards set forth in § 210-152 of this chapter, except as provided in this § 210-30. Prior to issuing any site plan approval(s), the Planning Board shall certify that the proposed site plan conforms to all conditions placed on the development master plan by the Town Board.
D.
Design standards for the HRDD District shall be as follows:
(1)
Comprehensive design. The HRDD District allows flexibility to encourage innovative site planning and design. The planning process shall begin with an overall conceptual development master plan for the entire HRDD tract. This conceptual development master plan will address overall design, appropriate treatment for various land uses, and plans for ingress, egress, internal traffic circulation and utility service consistent with the purposes of the HRDD set forth in Subsection A above. With respect to each building proposed in the conceptual development master plan, the applicant shall set forth the proposed use or uses of such building designated in terms of one or more of the use categories permitted in Subsection B above. Where portions of the proposed development are located in different geographic or topographic areas, the conceptual development master plan shall describe how such areas will be separated or connected, as the case may be.
(2)
Design standards applicable to all buildings and uses. In addition to the design standards for development master plans set forth in § 210-66 of this chapter, the following standards shall apply to all buildings and uses in the HRDD:
(a)
Area and bulk requirements, including buffers, shall be as determined as set forth in Subsection C(3) set forth above.
(b)
Architectural elements shall be used to provide visual interest
and promote integration of design elements.
(c)
Groups of related buildings shall be designed to present a visually
attractive appearance in terms of combination and juxtaposition of
architectural style and massing of buildings.
(d)
Shared parking facilities are encouraged where feasible. The
Planning Board shall ensure that appropriate cross-easements for use
and ingress and egress to shared parking facilities are filed with
the County Clerk as part of development plan approval. Where appropriate,
the Planning Board may allow on-street parking, provided the street
width is adequate to safely accommodate on-street parking.
(e)
Building facade lines shall be varied to the extent practical
to provide an interesting interplay of buildings and open spaces.
(f)
The layout of residential areas shall create areas of appropriate
scale and design, providing entrance features, landscaping, pedestrian
and vehicular circulation suitable to the type of housing provided,
as well as any appropriate linkages to the commercial and recreational
uses within the HRDD. The Town Board shall find that the size, height
and massing of any building, the number of residential units in each
building and area grouping of buildings is appropriate. The use of
a mix of residential building and housing types is encouraged.
(g)
New buildings shall be designed with consideration of the form,
scale and massing of all adjacent buildings in the HRDD to ensure
that the architecture and scale of all buildings harmonize with the
integrated planned development and its surrounding landscape.
(h)
Residential and commercial/retail areas shall include pedestrian
circulation and appropriate connection to the other elements of the
HRDD, including commercial and recreation uses. Such a circulation
system may include paved or unpaved walkways and bikeways of appropriate
width to serve their intended function.
(i)
Appurtenances on buildings and auxiliary structures, such as
mechanical equipment, water towers, carports, garages or storage buildings,
shall receive architectural treatment consistent with that of principal
buildings.
(j)
The Planning Board shall conduct an architectural review as
part of site plan review.
E.
Additional design standards for national landmark buildings and contributing
buildings and the historic Olmstead/Vaux landscape.
(1)
The portion of the development master plan which covers the national
landmark building and its contributing area, or any designated or
eligible state and/or federal historic districts, including any new
construction therein, should include provisions for pedestrian activity,
which may include village squares, sidewalks, and other walking paths
and alleyways. The development master plan shall provide development
that is sensitive to the national landmark building and contributing
area as well as any designated or eligible state and/or federal historic
districts.
(2)
The applicant shall prepare and submit to the Planning Board for
approval as part of site plan review for any proposed development
at or adjacent to the national landmarked building and its contributing
area, or any designated or eligible state and/or federal historic
districts, proposed design specifications for architectural design
elements, including scale, height, massing, architectural details,
materials, and color for any aspects of the buildings visible from
public streets, paths, or parks. Design guidelines shall also be submitted
to address landscape layout, location, and plant materials, and street
and landscape lighting. The guidelines may provide for flexibility
of standards in individual cases that do not impair the implementation
of the overall design concept. The Planning Board may also require
that the design guidelines address specified bulk, location, or parking
design elements relating to the development. The Planning Board may
require that any design guidelines be recorded in homeowners' association
(HOA) or condominium documents.
(3)
The applicant shall demonstrate to the Planning Board that the State
Historic Preservation Officer (SHPO) and, where applicable, the National
Park Service (NPS) have been consulted regarding any proposed exterior
alteration of the landmark building or a contributing building or
landscape.
(4)
Nothing herein shall be construed as to prevent the issuance of a
building permit for repair of a building or structure so long as such
repair is reviewed and approved by the Town of Poughkeepsie Building
Department in advance of initiating any such work and does not result
in the expansion of said building or structure, and the repair is
necessary to prevent the deterioration of the building or structure
or to prevent or remove an unsafe condition.
