Town of Poughkeepsie, NY Supplementary Regulations

The reasons for allowing residential units in commercial districts are as follows:

To encourage the continued maintenance of the upper floors in the commercial buildings of central business districts.

To protect and preserve property values.

To provide additional security in business districts.

To meet the housing needs of custodians of the principal business uses.

To encourage the creation of lower-cost housing units.

In light of the special circumstances arising from the mixing of business and residential uses, the following regulations are established.

Standards. Where permitted, all accessory apartments in commercial districts are subject to a special use permit.

Gross size. The accessory apartments in total shall not exceed 50% of the total usable floor area of the commercial building area.

There shall be no more than four accessory apartments permitted per building.

Mixtures of land uses. In no case will accessory apartments be allowed in the same building as the primary use when the primary use involves the use of noxious or dangerous chemicals, gases or other hazardous substances and materials. The Zoning Board of Appeals has the right to deny a special use permit application if it is determined that the primary business use creates a hazard for accessory residential uses.

Size. The minimum floor area for each accessory unit shall be 300 square feet. The maximum floor area for each unit shall be no more than 800 square feet. The maximum number of bedrooms shall be two. The minimum and maximum square feet and number of new bedroom requirements may be adjusted if, in the opinion of the Zoning Board of Appeals, it is warranted by the specific circumstances of a particular building.

Off-street parking. One additional paved off-street parking space shall be provided per accessory apartment, in addition to the paved off-street parking spaces required for the business use. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

§ 210-47 Accessory apartments in one-family dwellings.

Purpose. It is the purpose and intent of this section to allow accessory apartments on single-family properties in all residence districts in order to provide opportunity and encouragement for the development of small rental housing units designed to meet the special housing needs of single persons, couples, persons of low and moderate income and relatives of families presently living in the Town of Poughkeepsie. It is the further purpose and intent of this section to allow a more efficient use of the Town of Poughkeepsie's existing stock of dwellings, to provide economic support for present resident families and to protect and preserve property values.

Standards. To achieve and promote the goals of this section, the following standards are applicable for accessory apartment use:

The owner of the single-family lot on which an accessory apartment is located shall occupy and reside in the single-family dwelling unit or the accessory apartment on this lot.

An accessory apartment shall be located in or contiguous to the principal structure on a single-family lot. One building shall be considered the principal dwelling.

Accessory apartments may be created only in dwellings which have been constructed for at least two years or which have held a valid certificate of occupancy for at least two years.

Special use permit requirement. A special use permit shall be obtained by the owner from the Zoning Board of Appeals for any accessory apartment subject to the following provisions:

The apartment shall be clearly subordinate to the one-family dwelling.

The number of bedrooms in the apartment shall not be more than one.

The floor area of the apartment shall be greater than 400 square feet.

The floor area devoted to the apartment shall not exceed 35% of the existing floor area of the one-family dwelling.

The apartment and one-family dwelling must have safe and proper means of entrance, clearly marked for the purpose of emergency services, and with proper fire separation between units.

If the water supply is from a private source, the applicant or his or her agent shall provide certification that the water supply is potable and of adequate flow. Failure to correct promptly any water quality problems shall result in the revocation of the special use permit.

The applicant or his or her agent shall certify that the sewage disposal system is adequate for the two units. Failure to correct promptly any sewage system problem shall result in revocation of the special use permit.

No special use permit for an apartment shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system serving the dwelling or dwellings in question is not capable of handling the additional demand upon it by the use and occupancy of the accessory apartment.

Site plan approval by the Town of Poughkeepsie Planning Board shall not apply to special use permits under this section unless the Zoning Board of Appeals directs that, because of its complexity or other unusual circumstances, a particular application for an accessory apartment special use permit must have Planning Board site plan approval.

Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Exterior stairways shall be located on the rear wall in preference to either side wall. In no instance shall a stairway be located on any wall fronting the street.

Adequate off-street parking shall be in accordance with § 210-92 and shall be on the parcel on which the accessory apartment is located. To the maximum extent possible, off-street parking shall not occur in the front yard of the premises.

Any apartment within a one-family dwelling that is in existence at the time of the adoption of this section shall be subject to the special use permit provisions outlined herein.

The Zoning Board of Appeals shall provide copies of the application to and consider amendments which may be submitted within 30 days by the Town Building Inspector, Town Fire Inspector, Town Assessor and the Dutchess County Health Department before issuance of a special use permit.

The provisions of the New York State Uniform Fire Prevention and Building Code shall apply to the single-family dwelling unit and the accessory apartment on the premises.

Any exterior changes in the single-family dwelling unit caused by the creation of an accessory apartment shall conform to the single-family character of the neighborhood.

(16)

Continued compliance with all of these regulations is required. Failure to do so will result in a revocation of the special use permit.

(17)

The apartment shall be inspected by the Building and Fire Inspectors and the Zoning Administrator every two years after the issuance of the special use permit to ensure compliance with Town building, zoning and fire codes.

§ 210-48 Accessory buildings and structures.

In a residential district, an accessory building or structure shall not be constructed in front of nor be of a height greater than the principal building, nor shall such accessory buildings and structures be erected within 10 feet of side and rear property lines, operative septic tanks and leach fields. However, sheds not greater than 100 square feet in floor area and less than eight feet in height may be placed within six feet of any side or rear property lines, operative septic tanks or leach fields. Nothing in this section shall prohibit the development of landscaping, lighting, fencing and walls in accordance with the applicable provisions of this chapter.

§ 210-49 Adult business uses.

Purposes and considerations.

Statement of purpose. In the execution of these provisions, the Town of Poughkeepsie recognizes that adult business uses, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and other sensitive land uses. The objectionable characteristics of these uses are further heightened by their concentration within an area thereby having deleterious effects on adjacent areas. It has been acknowledged by communities across the nation that local government has a special concern in regulating the operation of such businesses under their jurisdiction to ensure that their objectionable characteristics will not contribute to the degradation of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town, to deter the spread of blight and to protect minors from objectionable characteristics of these adult business uses by restricting their proximity to places of worship, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, civic and cultural facilities and residential areas.

It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Poughkeepsie. The intent of this section is to provide appropriate places for adult business uses without compromising the character of the neighborhood.

Limiting these facilities to large parcels of property will maintain the visual and aesthetic environment as well as provide adequate distances to protect neighbors from noise, obnoxious traffic, lights, etc. It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern.

These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

Adult business uses, as defined in this chapter, are to be restricted and regulated as to their locations in the following manner, in addition to any other requirements of this chapter, and the special requirements itemized in this section are to accomplish the primary purposes necessary to ensure that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and will restrict their accessibility to minors.

Location.

No adult business use shall be located within 1,000 feet of any area zoned for residential use or any property used for residential purposes.

No adult business use shall be located within a one-half-mile radius of another such use.

No adult business use shall be located within 1,000 feet of any school, church or other place of religious worship, park, playground, playing field or any place of business which regularly has minors on the premises.

In addition to the required parking spaces, one parking space for each permitted occupancy of the space devoted to an adult business use shall be provided.

Lighting shall meet the requirements of § 210-81.

The hours of operation shall only be between the hours of 10:00 a.m. and 11:00 p.m.

The minimum lot size for an adult business use shall be 10 acres.

Front, side and rear yard setbacks shall be not less than 200 feet. Not more than one adult business uses shall be located in the same building or upon the same lot or parcel of land.

No loudspeakers or sound equipment shall be used for adult business uses that can be discerned by the public from public or semipublic areas.

No amplifiers or loudspeakers of any type shall be installed outside of the building.

All such uses shall be subject to a special use permit and site plan approval.

There shall be a one-hundred-foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks.

No site improvements (i.e., parking lot, access driveway, lighting, loading areas, trash collection area, principal building, accessory building, etc.) shall be placed within 100 feet of any property used for residential purposes or any residential district.

§ 210-50 Agriculture excluding farm animals.

Agriculture excluding farm animals shall include farms (except farms expressly for the disposal of offal or garbage), truck gardens, greenhouses, nurseries and arboretums on lots with an area of at least three acres, provided that:

Any farm building, except dwellings, buildings accessory thereto and the heating plant of any greenhouse, shall be at least 75 feet from any adjacent property line.

The Zoning Board of Appeals may reduce the requirements set forth above where lesser distances between such buildings and property lines would have no deleterious effect on adjoining properties.

The sale of produce grown on the premises is permitted, provided that ingress and egress facilities shall be subject to approval by the Planning Board. Off-street parking shall be in accordance with § 210-92.

Fertilizer, if any, shall be stored not less than 50 feet from any property line.

§ 210-51 Agriculture including farm animals.

Agriculture including farm animals but excluding hogs shall include farms (except farms expressly for the disposal of offal or garbage), truck gardens, greenhouses, nurseries and arboretums on lots with an area of at least five acres, provided that:

Any farm building other than dwellings, buildings accessory thereto and the heating plant of any greenhouse shall be at least 75 feet from any property line.

Any building or structure devoted to or intended for the housing of rabbits, hares, guinea pigs, ducks, geese, live poultry or fowl of any kind shall be erected at least 100 feet from any property line.

Kennels or buildings devoted to or intended for the housing of livestock (including horses) shall be erected at least 200 feet from any property line.

The Zoning Board of Appeals may reduce the requirements set forth above upon a finding that lesser distances between such buildings and property lines would have no deleterious effect on adjoining properties.

Animal waste, if any, shall be stored not less than 100 feet from any property line.

§ 210-51.1 Anchor projects.

[Added 8-21-2019 by L.L. No. 5-2019]

Purpose. The center districts (e.g., ATC, FC, SHC, MHC, and SPC) typically contain a unique blend of business and complementary residential land uses. The center districts also have access to existing municipal water supply and sewage collection and treatment facilities, and a dependable road network capable of supporting high-volume uses and densities. Within the center districts an anchor project can serve as a catalyst for increased investment on adjoining and nearby properties that may be underutilized or blighted, especially along and near the major roads serving the area. An anchor project contributes to the economic development of the neighborhood and greater community by adding goods, services, and housing. An anchor project includes provisions for plazas and/or green spaces, a walkable environment, thus supporting the economic development goals of the Town Plan.

Permitted uses. Anchor projects may consist of a mix of any of the following uses. (Note: "*" designates a use which is subject to site plan approval by the Planning Board):

*Art galleries.

*Bank and financial services.

*Bakeries.

*Boutique.

*Cabaret, nightclub.

*Club, health and fitness.

*Day-care, subject to § 210-65.

*Delicatessens.

*Hotel, motel, subject to § 210-75.

*Indoor recreation.

*Inn, subject to § 210-77 except § 210-77A, B and H shall not apply.

*Laundries, laundromats.

*Libraries.

*Multifamily dwellings within multistory structures, and mixed residential and nonresidential uses within multistory structures.

*Museums.

(16)

*Offices.

(17)

*Personal service businesses, no drive-in or drive-through.

(18)

*Restaurants or cafes, 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)

*Supermarkets or grocery stores.

(22)

*Theaters.

Special permitted uses. Special permitted uses, as approved by the Planning Board, shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board):

*Adaptive reuse of existing residential structure for nonresidential use.

*Clinics.

*Home occupations, subject to § 210-74.

Accessory uses shall be as follows:

Accessory buildings and structures, subject to § 210-48.

*Outdoor recreation facility.

*Outdoor restaurant dining facilities subject to § 210-102, except that § 210-102B(5) and (7) shall not apply.

Temporary buildings for construction purposes, subject to § 210-109.

Sidewalk seating and tables for patrons, subject to § 210-104.1.

Area and bulk regulations.

Minimum Lot Area (acres)	Minimum Lot Frontage (feet)	Minimum Lot Width (feet)	Minimum Front Yard (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Minimum Lot Coverage	Maximum Impervious Surface	Maximum Height (stories)
5	300	300	0	0	0	80%	90%	7 or 105 feet

An anchor project shall include a mix of residential and nonresidential uses, as determined by the Planning Board, qualifying it as an anchor project. An application for a single use shall not qualify for anchor project designation.

An anchor project may be subdivided into two or more parcels, provided that a reciprocal easement agreement approved by the Planning Board as part of the site plan approval process is executed and recorded requiring that such subdivided parcels, for so long as the anchor project use exists, function as one integrated parcel for ingress and egress, parking, internal circulation, drainage and storm sewers. In the event of such subdivision as is set forth above, the dimensional and area requirements of this chapter shall not be applicable to the individual subdivided parcels. The overall anchor project, however, disregarding the individual lot lines created by the subdivision, shall comply with the dimensional and area requirements of this chapter.

Lots shall not be required to have frontage on a public street, provided that appropriate reciprocal easements, to the satisfaction of the Planning Board and the Town Attorney, are provided for access between such lots and public streets over common internal roadways and driveways to be constructed in accordance with the approved site plan. For purposes of this section, an anchor project shall be an open development area in accordance with the Town Law § 280-a.

The Planning Board may waive the design guidelines in Subsection H below where it determines that doing so results in a better and more functional layout, or physical design or other considerations preclude the strict application of the guidelines, or the Board determines that the application of such guidelines are not relevant to the anchor project. Any such waivers shall be in writing and shall explain the Board's rationale for such waiver(s).

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.

Maximum residential dwelling unit density shall not exceed 35 units per acre. For purposes of density calculation, each room in a hotel, motel, or inn shall count as 1/10 of a dwelling unit.

Ingress and egress. Locations for ingress and egress to the lot(s) of an anchor project 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.

Parking requirements.

The off-street parking requirements of § 210-92 of this chapter shall not apply to anchor projects. The following parking requirements apply to anchor projects:

Use	Minimum Required Off-Street Parking Spaces
Hotel	1.0 per hotel room
Studio apartment dwellings	1.0 per bedroom
All other residential dwellings	0.75 per bedroom
All other nonresidential uses	2.0 per 1,000 square feet of gross floor area

The minimum parking requirements may be waived where the Planning Board determines that the spaces provided are sufficient to meet the demands of the project.

Any change in use or site plan revision of an existing lot or structure may, at the discretion of the Planning Board, require a complete review of parking facilities. Applicants for change of use or site plan revision shall provide or make provisions for adequate parking facilities according to the standards of this section.

Unless waived by the Planning Board where two or more different uses occur on a single lot, the total amount of parking to be provided shall be the sum of the requirements for each individual use.

Required off-street parking facilities shall be provided on the same lot or premises with the structure or land use they serve, except off-street parking and loading spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that the total amount of parking and loading facilities shall be the sum of the requirements of each individual use unless waived by the Planning Board. A reciprocal easement agreement (REA) approved by the Planning Board and the Planning Board Attorney shall be required to ensure that common use of the parking lot(s), loading area(s), and access aisles and driveways amongst the various uses and lots of the anchor project is maintained.

Unobstructed access to and from a public street, so designed as to not require the backing of any vehicle across a sidewalk or a traffic lane, shall be provided for all parking and loading spaces. Such access driveway width shall be consistent with the aisle width of the required parking. In general, such driveways shall be at least 24 feet in width, except where the Planning Board determines that a lesser width is sufficient.

The Planning Board may require the interconnection of parking areas, now or in the future, via access drives, service roads or pedestrian accessways within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and its heirs and assignees to permit and maintain such internal access and circulation and common use of parking facilities.

The maximum slope within a parking area shall not exceed 5%.

Each parking space shall be at least nine feet wide and 18 feet long if unenclosed and at least 10 feet wide and 18 feet long if bordered by walls or columns on one or more sides. Each parking space shall be clearly delineated and so maintained.

Unless waived by the Planning Board, backup and maneuvering aisles between rows of standard ninety-degree angle parking spaces shall be no less than 24 feet wide. Angled parking spaces of less than 90° may be allowed by the Planning Board, and the Board may, in its discretion, allow for aisle widths of less than 24 feet for such angled parking where the Board finds that the public safety, health and welfare would continue to be protected.

Required off-street parking facilities shall be maintained as long as the use or structure which the facilities are designed to serve is in existence.

Off-street loading and unloading facilities. Unless waived by the Planning Board, all loading and unloading shall take place entirely on the lot.

Parking or storage of motor vehicles in the front yard of any property is prohibited, unless where said front yard is crossed by a duly constructed driveway extending through the front yard to a garage, carport, or properly surfaced parking area located beyond the front yard line.

If the Planning Board finds that compliance with the off-street parking requirements herein would have an adverse impact upon the physical environment or visual character of the area, and if the Board also finds that all of the parking otherwise required as set forth above will not be necessary for the anticipated use of the site, the Planning Board may reduce the amount of parking required to be constructed. The Planning Board may also require that sufficient usable land be set aside to satisfy the parking requirements in the future should the need for such additional parking arise. In such event the Planning Board shall, as a condition of any approval granted, retain the right to require the owner of the property to construct such additional parking whenever the Board determines that such additional parking is needed.

Shared parking.

Notwithstanding the provisions of § 210-92F, cumulative parking requirements for uses in an anchor project may be reduced where it can be determined that the peak requirements of the several occupancies occur at different times. The amount of any such reduction shall be at the discretion of the Planning Board based on evidence acceptable to the Planning Board.

If a lower parking total is approved by the Planning Board, no change in any use shall thereafter be permitted without further evidence that the amount of parking will be adequate, and if such evidence is not satisfactory, then additional parking shall be provided before a change in use may be authorized.

The Planning Board may approve off-site parking within 500 feet of an anchor project where it is demonstrated to the Board's satisfaction that such spaces can be made permanently available to uses in the anchor project and that safe pedestrian access to the anchor project is provided.

Development master plan. 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, and determine applications for subdivision approval, site plan approval, special use permit approval, use variance approval, area variance approval, aquatic resource permits or any other land use approvals for an anchor project without the prior approval of a development master plan (DMP) by the Town Board. Such approval, if adopted, is a determination only that the subject matter of a proposed application or applications for an anchor project is/are in technical compliance with the stated purposes of these regulations, the stated permitted and accessory uses for the anchor project, and the density requirements of the anchor project as such purposes, uses and densities are set forth in Subsections B, C, D and E of this section. Town Board approval does not direct approval or limit or modify the authority otherwise existing under law for the receipt, processing and approval of one or more land use approval applications by any agency, board, body or officer of the Town. Authorization granted by the Town Board pursuant to this section does not commit or direct any agency, board, body or officer of the Town of Poughkeepsie to any course of future decisions. All obligations under the New York State Environmental Quality Review Act (Environmental Conservation Law Article 8 and the accompanying regulations in 6 NYCRRR Part 617, as the same may be amended from time to time) shall be carried out by the agency, boards, body or officer authorized to receive, process and determine applications for approvals. Approval by the Town Board pursuant to § 210-51.1 is a Type II Action pursuant to 6 NYCRR 617.5(28), to wit, engaging in the 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 of Part 617 have been fulfilled, and accordingly such Town Board review is not subject to review under Part 617.

Design guidelines. The following guidelines shall be applied during the site plan and subdivision review of any anchor project. The Planning Board may use its discretion as to the applicability of these guidelines for all projects.

Larger-scale facilities should occur behind smaller-scale buildings or storefronts with pedestrian orientation.

The establishment of mixed-use, multistory buildings is the preferred form of use.

Shrubbery shall be no higher than three feet above existing street grades, nor should any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) should 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.

Parking should be to the side or rear of buildings where practical.

A suitable buffer area should be provided between parking areas in the anchor project and contiguous residences located outside the anchor project.

Where parking lots and drives abut a 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.

Sidewalks are to be provided as a design element of all new and redeveloped streets. Street trees should be provided, and all street trees should be tolerant of urban condition, especially salt and sand deposited with snow removal. The owner shall have responsibility for planting and maintaining trees along the street frontage(s) within the Town's right-of-way. Sidewalks should be not less than five feet in width as determined by the Planning Board, and shall be concrete. 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.

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 should have windows.

Any large building facade and the sides visible from the street corridor should incorporate changes in plane or other architectural features that give the appearance of several common-wall buildings.

The utilization of ribbon or continuous strip glazing in any building facade is prohibited.

In order to facilitate fewer curb cuts, shared driveways shall 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. On-street parking is encouraged, provided that 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.

Off-street parking lots and loading areas, accessory use structures or storage other than sheds should, to the extent practicable, be located away from walkways and streets, or should be screened from view therefrom utilizing vegetation and/or fencing.

Residential rear access lanes should be used for access to garages and parking lots behind buildings.

Where there are existing buildings on the street frontage of an anchor project, and where deemed desirable by the Planning Board, new or infill buildings should be located approximately in line with existing buildings to maintain the integrity of the existing building setback line of the street.

Subject to Town Board approval, new public streets should connect to existing streets and use a block system to avoid dead ends whenever practicable.

(16)

Restaurants may be permitted to operate outdoor cafes in front of and on public sidewalks as long as at least five feet between the seating area and the curb are maintained free for sidewalk passage.

(17)

A retail business may be permitted to have a temporary sidewalk display of store merchandise of up to 25% of its sidewalk frontage.

(18)

The standards of § 210-81, Lighting, of the Town Code shall apply, and the Planning Board is authorized to waive or modify these standards for an anchor project where the Board finds that the public safety, health and welfare would continue to be protected.

(19)

Loading and delivery areas may be shared between nearby uses, and shall be determined by the Planning Board on a case-by-case basis.

(20)

In the event of any inconsistencies between the guidelines contained in § 210-51.1 and any other provisions of this chapter, the provisions of § 210-51.1 shall control and shall supersede such inconsistent provisions.

§ 210-52 Animal services.

[Amended 7-5-2023 by L.L. No. 8-2023]

In any district where permitted, animal hospitals, animal rescues, kennels, and animal training shall comply with the following provisions:

Exterior exercise/training areas, dog runs, and any building housing animals shall be located at least 200 feet from any property line. If soundproof construction is used for buildings, the normal district setbacks shall apply.

All overnight boarding facilities, where permitted, shall be located indoors.

All animals shall be kept indoors from sunset to sunrise.

Exterior exercise/training areas and dog runs shall not be located between the front lot line and the nearest wall of a principal building on the lot.

A fence a minimum of six feet and a maximum of eight feet in height is required to enclose all exterior exercise/training areas and dog runs. Electric, barbed wire, razor wire, and other similar fencing shall be prohibited.

No offensive odors shall be discernible at any property line.

Noise shall comply with the applicable standards of Chapter 139, Noise, of the Code of the Town of Poughkeepsie, New York.

The use shall be screened from adjacent streets and properties in accordance with § 210-80, Landscaping.

Unless otherwise determined by the Planning Board, off-street parking shall be as required by § 210-92 of this chapter.

All such quarters shall at all times be maintained in a sanitary condition. All animal waste shall be properly stored and disposed.

In any district where permitted, the following additional provisions shall apply to animal rescues:

The minimum lot area for an animal rescue shall be seven acres.

The property shall have a minimum of 50 feet of frontage along a state or county highway.

All untethered animals shall be kept in an area completely surrounded by fencing and/or caging to ensure that they cannot roam off the premises.

An animal rescue may include an associated caretaker's apartment as an accessory use.

In any district where permitted, the following additional provisions shall apply to animal training:

In the R-4A, R-2A, R-1.5A, and R-20,000 Districts, animal training shall be permitted only as an accessory use to a kennel.

If a principal use, indoor animal training shall be permitted only in a stand-alone, single-use building.

No overnight boarding shall be permitted unless animal training is accessory to a kennel.

In any district where permitted, the following additional provisions shall apply to kennels:

The minimum lot area for a kennel shall be seven acres.

§ 210-53 Architectural review.

In order to eliminate inappropriate and poor quality design in the exterior appearance of structures erected, reconstructed or altered in any zone in the Town, and exclusive of single-family dwellings, the Planning Board shall have the powers of architectural review. These powers are essential to the general welfare of the community, to stabilize and improve property values, to foster civic duty and to strengthen the local economy.

Regulation of structures. No structure shall be constructed, altered, repaired, moved or demolished unless such action complies with requirements hereinafter set forth.

Duties and powers of the Planning Board. All plans for construction, alteration, repair or demolition of structures, exclusive of single-family dwellings, shall first be submitted to the Planning Board, which shall have the power to review such plans before a permit for such work shall be granted; provided, however, that the Planning Board shall review such exterior features of a structure as are visible from a public way and shall not consider interior arrangements. In reviewing the plan, the Board shall give consideration to:

The architectural value and significance of the structure and its relationship to the surrounding area.

The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used.

Any of the factors, including aesthetics, which it deems pertinent.

Any modification, renovation or restoration of the facade, including the lighting of any existing or proposed building other than residential, shall hereby be subject to architectural review by the Planning Board. Minor revisions of existing facades may be waived by the Planning Board.

An applicant seeking architectural approval for a new construction project, or a rehabilitation project of an existing building, shall include all proposed wall-mounted and freestanding signs with the application. No application for architectural approval shall be deemed complete, and no approval shall be granted, where said application does not include all exterior signage.

In addition to the foregoing general standards, the following specific standards shall apply in appropriate cases:

Alterations, repairs and additions. Where alterations, repairs or additions are undertaken, they shall be consistent with the architectural style of existing buildings or the architectural style of the surrounding district.

New construction. New construction shall be consistent with the architectural style of the district. However, where the architectural styles of buildings on adjoining properties differ from the styles within the district, the Planning Board may permit new construction that is consistent with the architectural style of adjoining buildings rather than that of the district as a whole.

Procedure for review of plan.

Applications for a building permit to construct, alter, repair or move any structure shall be made to the Building Inspector. The application shall include plans showing the structure in question and giving its relation to adjacent structures.

Upon the filing of such application, the Building Inspector shall immediately notify the Planning Board and shall transmit to such Board the application and any supporting plans or documents. The Planning Board shall consider such application and shall approve or disapprove the plans and, if it shall approve such plans, shall issue a certificate of approval and transmit the same to the Building Inspector within 10 days.

If the Planning Board shall disapprove the plans, it shall notify the Building Inspector within 10 days, who shall thereby deny the application for a permit.

Nothing in this section shall be construed to prevent the issuance of a building permit for the maintenance or repair of any structure.

Advisory board. The Planning Board is hereby authorized and empowered to retain as an advisor an architect or other such expert as it deems desirable or necessary to advise on specific applications.

§ 210-54 Bars and taverns.

All bars and taverns shall meet the requirements for landscaping, off-street parking and all other applicable regulations and standards.

§ 210-55 Bed-and-breakfast establishments.

Bed-and-breakfast establishments are owner-occupied or occupied by an agent who shall live on the premises. Bed-and-breakfast establishments are subject to the following conditions:

The owner shall be the principal operator.

They shall have a minimum of three guest rooms and a maximum of 10 guest rooms.

[Amended 5-24-2023 by L.L. No. 4-2023]

They must meet all applicable zoning requirements.

The proprietor may serve meals to guests. A public dining room and bar is expressly prohibited.

Parking lots shall not be located closer than 15 feet to any residential property line providing a buffering for adjacent residential properties.

Parking requirements shall conform to § 210-92.

The Department of Health shall certify that the water supply and sewage disposal system are adequate for the maximum occupancy of the proposed facility.

Guest occupancy shall not exceed 21 consecutive days.

Signs.

The location of signs shall be subject to Planning Board approval.

Sign requirements shall conform to Article IX.

Signs shall be made of natural material and externally lit.

Signs shall be monument or post-and-arm.

The height of monument signs shall not exceed four feet.

The height of post-and-arm signs shall not exceed eight feet.

§ 210-56 Boat and marine sales.

All boat and marine sale establishments shall be subject to the following standards:

The storage of boats, motors and similar accessories shall not be permitted in any required landscaped or buffered areas except those immediately adjacent to navigable water.

All repairs and service work areas shall be identified and shall be screened from view of adjacent residential areas.

Insofar as possible, repairs shall be accomplished indoors.

§ 210-57 Boutiques with goods processed or assembled on site.

Purpose. The intent of this section is to encourage the development of small retail businesses that are involved in processing of products for sale on site and artisans and crafters processing or assembling their products for sale on site.

Boutiques will be subject to the following criteria:

Retail area shall be limited to 1,500 square feet.

The total number of employees on site at any one time shall not exceed four.

The business shall not generate more than two one-way commercial vehicle trips per day.

No outdoor display or sale permitted.

Sign requirements shall conform to Article IX.

Signs shall be made of natural material and externally lit.

Signs shall be post-and-arm or placed on a wall. The height of post-and-arm signs shall not exceed eight feet.

§ 210-58 (Reserved)

§ 210-59 Building materials sales and storage (screened).

In any district where permitted, building material sales and storage (screened) shall comply with the following provisions:

Outdoor storage and display shall not cover more than 25% of the lot.

All outdoor storage areas must be screened by a minimum of eight-foot-high fencing or walls that are landscaped to the satisfaction of the Planning Board.

Minimum parking required: four spaces for every 1,000 square feet of building area.

§ 210-60 Business parks.

[Amended 7-24-2013 by L.L. No. 13-2013; 11-4-2015 by L.L. No. 26-2015]

Purpose. It is the purpose of this section to encourage the development of well-designed business parks, including but not limited to sites where existing highway business, retail and industrial uses are no longer viable and have fallen into disuse. It has been determined that the physical integration of mixed-use business and business-related uses will provide a more coherent land use pattern, thereby preserving property values and maintaining the visual and aesthetic environment. Further, a properly planned business park will provide area residents with employment opportunities and help strengthen the tax base.

Requirements.

Permitted uses. The following uses are permitted, subject to Planning Board site plan approval:

Accessory buildings and structures.

Banking and financial services.

Hotels or motels, subject to the requirements of § 210-75.

Indoor recreation, subject to the requirements of § 210-97.

Inns, subject to § 210-77.

Light industrial facilities as defined in § 210-9.

Museums.

Offices for business and professional use.

(i)

Parking garages.

(j)

Restaurants; delicatessens.

(k)

Retail businesses, service businesses, personal service businesses, including but not limited to bakeries, bookstores, computer stores, health or fitness clubs, specialty or health-food grocery stores, day-care centers, school-age child-care facilities, dry cleaning, parcel service and copy centers. The uses in this subsection shall be limited to 15% of the gross building floor area of the overall business park site.

(l)

Scientific, research and development facilities not involving hazardous biological material use, storage or disposal.

(m)

Temporary buildings for construction purposes.

Dimensional and area requirements.

The parent parcel proposed for development as a business park shall contain at least five contiguous acres of land.

A business park shall have:

At least 100 feet of road frontage on either an existing arterial or an existing primary collector; or

Access rights via an easement agreement to an existing arterial or an existing primary collector, provided that the frontage on the primary collector is located within 2,000 feet of an intersection with an existing arterial as such roads are shown in the Town Master Plan.

To encourage the development of business parks, the maximum total lot coverage of all buildings may be up to 50% of the total site, and the maximum building height shall be 65 feet, plus roof equipment.

Setbacks from the roadway edge shall not be less than 50 feet, and no part of any building shall be closer than 15 feet to any other property line, 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. In all other cases, there shall be no minimum side yard or rear yard requirements.

A business park may be subdivided into two or more parcels, provided that a reciprocal easement agreement approved by the Planning Board as part of the site plan approval process is executed and recorded requiring that such subdivided parcels, for so long as the business park use exists, function as one integrated parcel for ingress and egress, parking, internal circulation, water service, drainage, sanitary sewage disposal, and storm sewers. In the event of such subdivision as is set forth above, the dimensional and area requirements of this chapter shall not be applicable to the individual subdivided parcels. The overall business park, however, disregarding the individual lot lines created by the subdivision, shall comply with the dimensional and area requirements of this chapter.

Not more than 30% of the minimum landscaped area required elsewhere in this chapter may be satisfied by the creation of such minimum landscaped area on the adjoining right-of-way of a public highway owned and maintained by the New York State Department of Transportation, provided that written approval is obtained from the New York State Department of Transportation.

For the purpose of enhancing design flexibility, including the enhancement of the visual appearance of a business park, and for the purpose of reducing the amount of lot area devoted to surface parking, the creation of structured parking in parking garages is encouraged, and such parking garages shall not be required to satisfy front yard, rear yard, side yard or parking aisle width requirements contained in this chapter, subject to the requirements of § 210-152A(2).

Water and sewer. No business park shall be approved unless connected to municipal water and sewer services.

Signs. 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, associated with, as approved by the Planning Board. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall to the extent practicable be integrated with the site landscaping. Signage shall be permitted as follows:

Freestanding signs. One freestanding sign with an area not to exceed 100 square feet at each driveway entrance of a site is allowed. Notwithstanding the provisions of § 210-122A(1), tenants of the business park may place commercial copy advertising a business within the business park on a freestanding sign whether or not such freestanding sign is located on a separate lot from such business. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material in a location approved by the Planning Board.

Signs attached to buildings. One wall sign of up to 100 square feet shall be permitted for each business provided said wall sign shall be mounted below the second floor of any multistory building.

Performance standards. Except as set forth herein, all uses within the business park shall comply with the performance standards of this chapter.

Design criteria. The intention of this subsection is to create an architecturally coherent development in which building design, detail, form, shape, color and the like integrate with the other aspects of the development, including landscaping, site topography, parking lot design, open space and the architectural character of the surrounding area. In addition, business parks shall be subject to the following design requirements:

All aspects of § 210-80, Landscaping, and § 210-152, regarding site plan standards.

Parking and loading. The following provisions shall apply to parking and loading for business parks:

The off-street parking and loading provisions of § 210-92 shall apply to the business park, except that all minimum parking requirements set forth in § 210-92N shall not apply. The parking and loading design within the business park must provide adequate parking for the mixed-use project, including for any retail, office, educational and hotel uses and for any child-care facilities, and create safe and comfortable passageways for pedestrians.

The parking design shall provide such parking spaces as the Planning Board shall determine to be necessary, considering the activities and uses involved and the differing parking demands of mixed-use business parks.

Entrances shall be designed to allow access at speeds of at least 15 miles per hour.

Wherever an adjacent commercial site has been developed or it is reasonably expected that it will be developed, parking and circulation shall, where practicable, be interconnected to limit access points onto main roads.

Development master plan. 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, and determine applications for subdivision approval, site plan approval, special use permit approval, use variance approval, area variance approval, aquatic resource permits or any other land use approvals for a business park without the prior approval of the Town Board. Such approval, if adopted, is a determination only that the subject matter of a proposed application or applications for the establishment of a business park is/are in technical compliance with the stated purposes of these regulations, the stated permitted principal and accessory uses for a business park, and the density requirements of the business park as such purposes, uses and densities are set forth in Subsections B, C and D of this section. Town Board approval 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 land use approval applications by any agency, board, body or officer of the Town. Authorization granted by the Town Board pursuant to this section does not commit or direct any agency, board, body, or officer of the Town of Poughkeepsie 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, boards, body or officer authorized to receive, process and determine applications for approvals. Approval by the Town Board pursuant to this § 210-60 is a Type II action pursuant to 6 NYCRR 617.5(28), to wit, engaging in the 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 of Part 617 have been fulfilled, and accordingly such Town Board review is not subject to review under Part 617.

Nonresidential condominium conversions.

Authority. The Planning Board shall have the authority to waive all area and bulk regulations within a business park for a nonresidential condominium in an existing building in order to ensure the orderly division of ownership and subdivision of physical space within large existing buildings and provide for proper maintenance of the entire premises. Parking and open space requirements may also be waived for nonresidential condominium conversions when the Planning Board determines that existing areas are sufficient to meet the demand of potential tenants. Any addition, modification or other change to the exterior of an existing building, whether in conjunction with a new owner or not, is subject to site plan approval, and any addition is also subject to all applicable area and bulk regulations. Building and other applicable permits shall be obtained prior to the commencement of any interior modifications.

Applicability. Nonresidential condominium conversions require site plan approval. The provisions of this subsection apply only to buildings that:

Have a footprint of at least 40,000 square feet at the effective date of this chapter; and

Contain or previously contained conforming industrial uses; and

Are to be divided for the use of at least two different nonresidential establishments.

Standards. In addition to those standards outlined in § 210-152, Planning Board standards for site plan approval, the Planning Board shall use the following standards in review of a nonresidential condominium conversion:

The impact of the proposed use or uses in the nonresidential condominium building, both in and of themselves and in relation to existing or other proposed uses.

Whether existing parking areas are sufficient to meet reasonably anticipated demand.

All documentation, including provisions for maintenance of common and open space areas, as required by the New York State Condominium Act, Article 9-B, § 339-d et seq., of the Real Property Law and its attendant regulations, submitted in a form acceptable to the New York State Attorney General's office and the Town Attorney.

Where an existing building is to be expanded, submission of any additional materials necessary for Planning Board review.

Upon approval and subsequent occupancy of a nonresidential condominium, submission of tenant ownership records, including name, address and telephone number of tenants, to the Zoning Administrator.

Amendments. When ownership of an approved nonresidential condominium is intended to be resubdivided, such resubdivision division shall be subject to the full provisions of this section.

Surety. The Planning Board shall require bonding or another appropriate form of surety to ensure that all planned construction in a nonresidential condominium conversion is completed according to approved plans.

§ 210-61 Cannabis retail dispensaries.

[Added 8-2-2023 by L.L. No. 9-2023]

Purpose. The purpose of this section is to provide regulations permitting the establishment of licensed, authorized cannabis retail dispensaries within the Town.

Required approvals.

No person or entity shall sell or distribute cannabis products, or hold itself out as an organization licensed by New York State for such sale or distribution, unless it has complied with Articles 3 and/or 4 (as applicable) of the New York Cannabis Law and this Zoning Law, and is licensed by the New York State Office of Cannabis Management.

A licensed cannabis retail dispensary shall be allowed only after the granting of a special use permit by the Town Board and site plan approval by the Planning Board, subject to the requirements set forth in this section.

A special use permit authorizing only a licensed medical cannabis dispensary or an adult-use retail dispensary shall not be deemed to include the other use.

Licenses and permits. A special use permit issued pursuant to this section shall be conditioned on the permittee obtaining and maintaining all required state and local licenses and/or permits and complying with all applicable state and local public health regulations and all other applicable laws, rules and regulations at all times. No building permit or certificate of occupancy shall be issued for a cannabis retail dispensary that is not properly licensed.

Limitation of approval.

A special use permit authorizing the establishment of a cannabis retail dispensary shall be valid only for the site on which the cannabis retail dispensary has been authorized by such special use permit. Relocation of a dispensary to a different site shall require a new special use permit. A separate special use permit shall be required for each premises from which a licensed cannabis retail dispensary is operated.

Upon the revocation or expiration without renewal of the NYS license or registration for a cannabis retail dispensary, the special use permit shall terminate, and a new special use permit shall be required prior to issuance of a certificate of occupancy.

Application requirements. In addition to any other application requirements for uses that require a special use permit or site plan approval, an application for a cannabis retail dispensary shall contain, at a minimum, the following information:

Description of activities. A narrative detailing the type and scale of all activities that will take place on the site.

Context map. A map identifying, at a minimum, the location of the proposed establishment, the locations of all other cannabis retail dispensaries within the Town, and the location of any nearby school, place of religious worship, park, playground, playing field, or place of business which caters to minors, with measured distances provided sufficient to demonstrate that the location of the proposed establishment complies with the standards of Subsection G below.

Site plan. A site plan in conformance with Article XIII of this chapter.

Building elevations and signage. Architectural drawings of all exterior building facades and all proposed signage, specifying materials and colors to be used. The Planning Board may require perspective drawings and illustrations of the site from public ways and abutting properties.

Location standards. A cannabis retail dispensary shall be allowed only in the Arlington Town Center (ATC), Highway Business (B-H), Heavy Industrial (I-H), Light Industrial (I-L), and Neighborhood Highway Business (B-NH) Zoning Districts, subject to any limitations set forth in the regulations of the district.

Buffer zones. As further defined by § 119.4 of the NYS Cannabis Law, and unless otherwise modified by the NYS Cannabis Control Board, no cannabis retail dispensary shall be located:

On the same road and within 200 feet of the entrance of a building occupied exclusively as a place of religious worship;

On the same road and within 500 feet of the entrance of a building occupied exclusively as a school; or

On the same road and within 500 feet of a structure and its grounds occupied exclusively as a public youth facility.

The measurements in this subsection shall be taken in a straight line from the center of the nearest entrance of the premises proposed to operate as a retail dispensary to:

The center of the nearest entrance of the place of religious worship;

The center of the nearest entrance of the nearest building on the school grounds; and

The center of the nearest entrance of the nearest building of a public youth facility; or if no entrance exists, the nearest structure of such public youth facility; or if no structure exists, the nearest point of the grounds of the public youth facility's legally defined property boundary as registered in the Dutchess County Clerk's office; or if no clear delineation of grounds exists, the nearest point of equipment, the primary purpose of which is reasonably expected to be used by children 17 years of age or younger.

For purposes of this subsection, the "entrance" shall mean a main door regularly used to give ingress to the general public. Such definition shall not include cellar doors, back and side doors, delivery entrances, emergency exits, or a door which has no exterior hardware, or which is used solely as an emergency or fire exit or for maintenance purposes, or which leads directly to a part of a structure not regularly used by the general public or patrons.

For a retail dispensary that is proposed to be located in a multistory building, the "entrance" shall mean the main building entrance, as defined in the preceding subsection, at the road level.

If the place of religious worship, nearest building on the school grounds, public youth facility, or the proposed retail dispensary is situated on a corner lot, such structure is considered to be on both roads of the intersection, whether or not there is an entrance to the structure on both roads.

Specific standards.

A cannabis retail dispensary shall comply with all aspects of the New York State Cannabis Law.

Unless otherwise permitted by New York State regulations, a cannabis retail dispensary shall be located only in a secure, permanent building and not within any mobile facility, and all dispensing of cannabis products shall be conducted within the building.

The building and site shall be designed to mitigate any negative aesthetic impacts that might result from required security measures and restrictions on visibility into the building's interior.

The cannabis retail dispensary shall not have opaque, unwelcoming ground-floor facades that may detract from other retail activity in the district. Where interior activities must be screened from public view, opaque facades should be minimized, and where they are necessary, they should include changing art displays or other measures to provide visual interest to the public.

Signs shall be affixed to a building or permanent structure, and may not be located on vehicles owned, leased or utilized by registered organizations. Signs shall not depict cannabis, cannabis products or paraphernalia, or the imagery or action of smoking or vaping. In all other respects, signage shall conform to Article IX of this chapter and the requirements of state laws and regulations governing such facilities.

Parking shall be provided at a rate of a minimum of four off-street parking spaces for each 1,000 square feet of building area, and shall comply with § 210-92 of this chapter.

All lighting, including security lighting, shall comply with § 210-81 of this chapter.

The hours of operation of a cannabis retail dispensary shall be limited to Monday through Saturday from 9:00 a.m. to 9:00 p.m., and Sunday from 11:00 a.m. to 6:00 p.m., or as otherwise established by the Town Board as a condition of the special use permit, but in no case shall the Town Board permit a cannabis retail dispensary to operate between 2:00 a.m. and 8:00 a.m., nor shall the Town Board restrict the operation of a cannabis retail dispensary to fewer than 70 hours a week, unless the operator agrees to do so.

No smoking, burning, vaping, or consumption of any cannabis product shall be permitted on the dispensary premises.

Cannabis retail dispensaries shall not have drive-through service.

No outside displays or storage of cannabis products, related supplies or promotional materials shall be permitted.

§ 210-62 Cemeteries.

In any district where permitted, cemeteries shall be subject to the following regulations:

Minimum area shall be 10 acres.

No interment shall take place within 50 feet of any street or property line. Such fifty-foot buffer area shall be suitably landscaped so as to screen the cemetery from view insofar as is practicable.

Caretakers' cottages, crematories, mausoleums (and chapel/funeral homes) which are incidental to the cemetery shall be permitted as accessory uses, provided that:

Any such structure shall comply with the setback and yard requirements for the district in which it is located.

Off-street parking shall be in accordance with § 210-92.

§ 210-62.1 Chickens, keeping of.

[Added 4-17-2019 by L.L. No. 3-2019]

Permit required.

Notwithstanding the provisions of § 210-51, any person wishing to keep chickens may do so only on owner-occupied residential property in the Town of Poughkeepsie after first obtaining a one-time permit from the Zoning Administrator and paying a fee as set forth in Town Code § 105-4V(36).[1] The permit application shall be on such forms as are provided by the Zoning Administrator.

Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021, effective 1-1-2022, all fees will be in a Fee Schedule maintained in the Town offices, which fees may be amended from time to time by resolution.

Persons keeping chickens on their property as of the date of the adoption of this section shall have 30 days in which to apply for and obtain a permit.

Standards for the keeping of chickens. The keeping of chickens shall be subject to the following conditions and requirements, which shall be observed at all times:

Chickens shall be provided with food and water at all times.

Except as provided in Subsection B(11) below, chickens shall be kept within a coop and coop enclosure.

All coops and coop enclosures must be clean and free of noticeable odors across property lines.

A person granted a permit pursuant to this section may keep no more than six chickens on his/her property at one time.

A person granted a permit pursuant to this section shall provide a minimum of at least 14 square feet of enclosure space per chicken and a maximum of 120 square feet of enclosure space. "Enclosure space" shall be defined as the combined square footage of the coop and coop enclosure. The maximum size of the enclosure space shall not exceed 120 square feet.

The minimum coop space shall be 1.5 square feet per chicken.

The maximum height of any coop or coop enclosure shall be eight feet.

All coops and coop enclosures shall be in the rear yard behind any dwelling on the property on which they are located. All coops and coop enclosures shall be kept no closer than 15 feet to any dwelling, whether located on the permitted property or an adjacent lot, and no closer than 10 feet from any lot line.

No parcel may have more than one stationary or mobile coop and coop enclosure for the keeping of chickens. A mobile coop and coop enclosure, such as a chicken tractor, is allowed, provided that its size and use are restricted to the rules in Subsections B(4) through (8) above.

All enclosure spaces shall be constructed and maintained in such a manner as will safely and securely house chickens and shall be kept free of rodent infestation at all times.

Chickens may be allowed outside of the coop and coop enclosure for the purpose of free-ranging within a surrounding fully fence-enclosed rear yard, provided that the fence is chicken-proof. Fences must meet the requirements of § 210-69.

It shall be unlawful for the owner to allow or suffer any chicken to otherwise run at large, "run at large" being defined as being outside the coop, coop enclosure, or the fence-enclosed rear yard. It shall also be a violation for any owner to allow or suffer a chicken to uproot, dig or otherwise damage any vegetables, lawns, flowers, garden beds or personal or real property not belonging to the owner of such chickens.

All feed and other materials associated with the keeping of chickens shall be protected in a rodent-proof container so as to prevent the attraction of rodents or other pests.

Keeping of roosters, ducks, geese, swans, turkeys, guinea hens or any other species of birds or fowl which are not traditionally confined to a cage inside a dwelling is prohibited.

Slaughtering chickens, breeding chickens and the sale of eggs, chickens and chicken waste products are prohibited. This subsection shall not apply to lawful poultry, livestock, or butcher operations.

Enforcement.

Any violation of this section will be enforced by the Zoning Administrator who will first issue a written ten-day notice to correct the violation. Any person who fails to timely correct a violation of this section shall be guilty of a violation, and upon conviction, shall be subject to a fine for each violation of up to $1,000 or a term of imprisonment for a period of up to 15 days, or both.

§ 210-62.2 College/university conference center.

[Added 6-16-2021 by L.L. No. 5-2021]

Purpose. It is the purpose of this section to allow for a college/university conference center use associated with and in support of an existing college or university that is licensed by the New York State Board of Regents, and which is primarily designed to further the educational mission of such college or university, while at the same time encouraging walkability, discouraging excess vehicular traffic, and supporting existing town center districts.

Where permitted, a college/university conference center shall comply with the following requirements:

The conference center shall be on a lot owned by a college or university (or an affiliated entity).

The conference center shall be located on or adjacent to the main campus of such college or university. A conference center is not permitted at a satellite location of the college or university.

The conference center shall provide activities consistent with the educational mission of the college or university, such as educational and professional conferences, seminars, symposiums, and other meetings or events. Permitted events include events for alumni, staff, students and their families, prospective students and their families, and invitees of the college/university, or a combination thereof. The use of the conference center and associated facilities may be offered to the public, including for events not sponsored by the college/university.

The conference center shall be within walking distance, defined to be within approximately 1/4 mile, of a town center district.

The conference center may include guest accommodations for transient lodging, not to exceed a maximum of 50 guest rooms/suites. Such guest accommodations may include pool, fitness facilities, and other customary facilities accessory to lodging intended for the use of the guests. The guest rooms may be offered to the public.

The conference center may include restaurant facilities which may be open to the public, and catering facilities which may be offered to the public.

§ 210-63 Communication towers and radio stations.

[Amended 5-17-2017 by L.L. No. 8-2017]

Communication towers and radio stations are subject to the following conditions where permitted:

Communication stations, including radio broadcasting or relay stations and similar stations, may be allowed by special use permit.

Communication towers incidental and accessory to the principal use may be allowed by special use permit in the districts indicated, provided that the lot on which such towers are located is not less than four acres in size, and such towers shall be erected only to that height necessary to accomplish the purpose they are to serve and shall not exceed a height of two times the maximum height for the zoning district in which the tower is located. Further, such towers shall be set back from any residential parcel or district boundary a distance equal to 1 1/2 times the total tower height, including the height of any structure upon which the tower is situated. Such towers shall not cause interference with local radio or television reception and shall not endanger neighboring property or the public.

No communication tower shall be used for or have placed upon it any type of sign except warning signs needed for public safety.

§ 210-63.1 Contractor’s office; contractor’s equipment storage/contractor’s yard.

[Added 1-16-2013 by L.L. No. 1-2013]

In addition to the special use permit standards of § 210-149, all contractor’s offices and contractor’s equipment storage/contractor’s yards shall meet the following standards:

Areas set aside for the outdoor storage of vehicles and materials shall not exceed 30% of the total lot area. No material storage pile shall exceed a height of 10 feet. The Planning Board may require that stored vehicles and material be located within buildings or sheds. Outdoor storage shall be limited to those specific locations approved by the Planning Board.

Outdoor areas designated for vehicle or material storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 210-69 in order to achieve the required screening.

Prohibited activities. Garbage or waste transfer stations; mining; rock/stone/concrete crushing; the storage, processing or handling of contaminated materials, waste materials as defined in 6 NYCRR Part 360, or hazardous materials as defined in 6 NYCRR Part 371; the storage of buses, trucks or vehicles not used as part of an approved contractor office business. In addition the storage, processing or handling of petroleum products shall be prohibited except for heating fuel for use on site. Nothing contained herein shall prohibit the processing and crushing of rock, stone, or concrete on the site of any approved subdivision and/or site plan where such processed material will be used on site for the construction of approved improvements.

§ 210-64 Country clubs, fraternal clubs and recreational clubs.

[Amended 7-22-2015 by L.L. No. 9-2015]

The intent of these regulations is to ensure that country clubs, fraternal clubs and recreational clubs are compatible with the neighborhood and immediate area where located and are not detrimental to the property values in the neighborhood where located. Wherever possible, clubs shall have direct access to a state or county road.

Special requirements.

A hedge, fence or wall adequate for year-round screening of the club shall be installed, of a design, location and material as determined by the Planning Board.

No amplifiers, loudspeakers, or public address system shall be installed or operated outside of any on-site building, nor shall they be audible beyond the interior of any building.

Exterior lighting shall be installed in accordance with § 210-81 of this Chapter. In addition, the exemption provisions of § 210-81A(9) shall not apply to exterior lighting of facilities located in the R-20 District, the R-1.5A District, the R-2A District, or the R-4A District. All exterior lighting in the enumerated residential districts shall meet the requirements of § 210-81D of this chapter.

All structures and facilities shall be set back no less than 200 feet from any property boundary.

The following minimum lot sizes shall be required:

Country clubs: 20 acres.

Fraternal clubs: 10 acres.

Recreational clubs: 10 acres.

§ 210-65 Day-care and nursery school facilities.

Purpose. It is the intent of the Town of Poughkeepsie to provide for the child-care needs of the residents and those employed in the Town in a way that promotes the public interest while maintaining the essential character of the Town's residential, commercial and industrial areas. This section is developed in recognition of the critical need for affordable child care for the Town's working parents.

Family and group family day-care homes. Family and group family day-care homes, as defined under day-care facilities in Article II, shall be permitted as of right in all residential zones, provided that:

State licensing requirements are met, including those pertaining to building, firesafety and health codes.

Applicable zoning and subdivision standards for residential uses are adhered to in full.

All area and bulk regulations are in compliance with applicable requirements herein.

An off-street dropoff/pickup area must be provided. A driveway in conformance with Town permit standards shall be sufficient for such purpose.

Signs, if any, conform to the requirements of Article IX.

No structural or decorative alteration that will alter the single-family character of an existing residential structure or be incompatible with surrounding residences is permitted.

Day-care centers, school-age child-care facilities and nursery schools. A special use permit is required for any day-care center, school-age child-care facility or nursery school, as defined in Article II. Day-care centers, school-age child-care facilities and nursery schools are permitted in all zones with the exception of the Residence, Mobile Home (MH) and Quarry (Q) Districts, provided that they are in compliance with the following:

The center, facility or nursery school complies with all regulations of § 210-65. In addition, the licensed day-care provider shall submit a copy of said license and other pertinent documents from the New York State Department of Social Services and, if applicable, the New York State Department of Education.

A site plan in compliance with district zoning is submitted to the Planning Board for its approval. For site plan approval, day-care centers, school-age child-care facilities or nursery schools shall:

Comply with Subsection B(1) through (6) of this section.

If a new structure or alteration is proposed, be compatible with the character of the neighborhood or district with regard to scale, design, architectural details, materials and setback.

Provide an outdoor play space as specified by New York State Social Services Law. Such area shall be at least 1/4 the square footage of the structure in which the facility is housed, screened from the road from which the center takes access, either by the center itself or appropriate landscaping or other methods, and contained, by fence or other means, to prevent conflicts between adjacent properties and the facility's activities.

Provide adequate parking facilities for the day-care center or nursery school, at least one for every nonresident employee, plus one for every 10 children, and provide an off-street pickup and dropoff area either on the driveway or an approved parking area.

Conform to other requirements, as specified by the Planning Board, to ensure that the center maintains the character of the neighborhood or district.

Day-care center density bonus. Where a day-care center, as defined in Article II, is provided on the site of a nonresidential complex and where adequate off-street pickup and dropoff areas and sufficient facilities to ensure the overall safety of abutting traffic movement are provided, the Planning Board is hereby authorized to grant any one or all of the following:

A waiver of the floor area of the day-care facility from the computation of the maximum building coverage.

A waiver of the parking requirements of this section, provided that adequate parking for the day-care center employees can be provided.

A gross floor area increase over and above the maximum coverage permitted equal to that of the day-care space, up to 2,000 square feet.

§ 210-66 Development master plan approval.

The following sets forth the procedure for approval of a development master plan for those matters for which such approval is required by this chapter.

Where development master plan approval by the Town Board is required by this chapter, no site plan, special use permit, subdivision, or variance application shall be accepted or approved by the Planning Board or the Zoning Board of Appeals, and no building permit or certificate of occupancy shall be issued for any development project unless said application has received the prior approval of the Town Board as part of a development master plan in accordance with the procedures set forth below.

A development master plan shall consist of a concept plan for development of all lands and buildings within the area(s) proposed for development and shall be prepared and processed as described below. The development master plan shall show the uses proposed for each building proposed for development within the parcel(s) proposed for development.

The development master plan shall include, as an integral part of the application and the project approvals, a plan for phasing of construction and development of all nonresidential and residential uses, and all required infrastructure. The Town Board shall ensure that the phasing plan includes, as appropriate, a mix of residential and nonresidential uses, including but not limited to the redevelopment/rehabilitation of historic structures, the establishment of recreation areas, and the permanent protection of open space and environmentally sensitive areas. Development of more than one phase may be undertaken simultaneously, subject to reasonable conditions established by the Town Board.

Nothing herein shall be construed so as to prevent the issuance of a building permit for repair of a building or structure so long as such repair 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.

Development master plan application. An application for approval of a development master plan shall be as follows:

Applicant. An application for approval of a development master plan shall be made in writing to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the project or by a person or persons holding an option or contract to purchase the lands. In the event an application is made by a person or persons holding an option or contract to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence with the application. All approved plans shall be binding on all owners and their successors and assigns.

Applications. All applications for development master plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Town Board. The application must include a Part 1 full environmental assessment form. The application shall include the following information:

Site location map. A site location map showing the location of the site in relation to existing roads, properties, structures, land uses, zoning districts, school districts, service and utility districts, hydrogeologic zone boundaries, flood hazard areas, special groundwater protection areas, historic district boundaries, and other similar significant information for the subject property itself and all areas within 500 feet of it.

Environmental conditions map. This may consist of a single map or a series of maps on a current topographic base and shall indicate all significant environmental conditions, including topography with a maximum vertical contour interval of two feet, wetlands by type and function, patterns of existing vegetation and habitat, a steep slopes analysis with categories of 0 to 10%, 11% to 15%, and over 15%, soil conditions, buildings or sites of historical or archaeological significance, habitat areas for rare, endangered, threatened or special concern species of flora and fauna, existing watercourses and drainage patterns, flood hazard areas and flood elevations, and the boundaries of any hydrogeologic zones, special groundwater protection areas, or other such classifications which relate to the subject property.

Land use and development plan. A proposed land use and development plan illustrating the applicant's land preservation, land use and development concept for the entire property, including statistical summaries of the total proposed quantity and type of each land use, including subtotals by school district.

Phasing plan. A proposed phasing plan indicating the phasing of land dedication, site development and infrastructure improvements, both on and off-site, including the general order of construction and the estimated timing of each phase.

Report. A description of the proposed physical changes to the project area in a report that includes graphics and a supporting narrative. The application shall contain sufficient facts and information for the Town Board or reviewing board to make the findings required under this section. However, fully engineered plans and construction details are not required at this stage in the process.

Multiple-owner applications. Lots that are to be created may be owned by one or more persons, partnerships, limited partnerships, trusts or corporations, but must be presented as a single property at the time of application to the Town Board. Such multiple-owner applications shall be jointly filed and consented to by all owners and, if approved, shall be binding on all of them and all future owners. Legal agreements shall be provided, in recordable form and in substance satisfactory to the Town Attorney with the application.

Fees. An application shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA) subject to the limitations set forth at 6 NYCRR 617.13. If the Town Board requires professional review of the application by a designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant, and an escrow deposit will be required.

Review and approval of a development master plan. The review and approval of a development master plan shall be conducted in accordance with the following procedures:

Town Board review. An application for development master plan approval 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 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. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process.

Planning Board review. Within 160 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 development master plan meets generally accepted planning and engineering standards for approval and whether it is generally in conformance with the Town Plan. The Planning Board shall also indicate any changes to the development master plan that, in the opinion of the Planning Board, are necessary or desirable to achieve one or more of the goals of the Town Plan, this chapter, or Chapter 177. The applicant or the applicant's representatives shall be present at meetings of the Planning Board at which the application is to be considered. Failure of the Planning Board to provide a recommendation within the specified time shall be deemed a recommendation to approve the development master plan.

SEQRA review. As the agency "principally responsible for undertaking, funding or approving" [Note: See 6 NYCRR 617.2(u)] the development master plan, the Town Board shall declare its intent to be lead agency pursuant to 6 NYCRR Part 617 for review of all applications to establish or amend the HRDD development master plan. No application shall be deemed complete until a lead agency is established, a negative declaration has been issued, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. The SEQRA review shall be processed in accordance with 6 NYCRR Part 617.

Town Board action. Within 160 days of receipt of a complete application, the Town Board shall hold a public hearing on the development master plan. Notice of the public hearing shall be published in the official newspaper at least five days prior to the date set for public hearing. 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 development master plan is under consideration by the Board. All notices shall include the name of the project, the location of the project site, 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 160 days of the close of the public hearing, the Town Board shall act to approve or disapprove the development master plan application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its approval 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.

Criteria for approval of the development master plan. In determining whether or not to approve a development master plan, the Town Board shall consider the extent to which, consistent with the intent and objectives of this chapter, the proposed project meets the following criteria:

The project conforms to the applicable purposes and goals of the Town Plan.

The project conforms to the purposes of this section and the applicable purposes of this chapter.

The project conforms to accepted design principles in the proposed functional roadway system, land use configuration, open space system, drainage system and scale of the elements.

The project design would provide for adequate public services and utilities, including access to public transportation.

The project components are suitably located with respect to uses on adjoining lands, and the project uses would be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.

The architectural style of proposed buildings, including exterior materials, finishes, color and the scale of the buildings, would be consistent with intent and purposes of this section.

The development of the site would not produce undue adverse effects on the surrounding neighborhood.

Approval of projects following approval of a development master plan.

Site plan approval required. Site plan review and approval by the Planning Board as provided in Article XIII of this chapter shall be required prior to the 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. The site plan application may be for a single phase or multiple phases of the development master plan, or it may address development of the whole area covered by the master plan.

Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, the subdivision approval of the Planning Board pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Where practicable, the Planning Board shall conduct its review of an application for site plan approval coincident with its review of an application for subdivision approval.

Conformity with development master plan required. The Planning Board shall not approve any site plan and/or subdivision within an area covered by an approved development master plan unless the Board finds that the site plan and/or subdivision is in substantial conformance with said development plan and any conditions and requirements imposed by the Town Board at the time of its approval of the development master plan.

Request for changes to the development master plan. If during the site plan and/or subdivision review it becomes apparent that certain elements of the development master plan as approved by the Town Board have become infeasible or impracticable, the applicant may present a modified plan to the Planning Board. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the development master plan approval. If the modified plan is in keeping with the intent of the approved development master plan, then the Planning Board may approve the site plan as modified. If the modified plan is not in keeping with the intent of the approved development master plan, then the applicant may apply directly to the Town Board for an amendment to the approved development master plan. Any such amendment shall be subject to the procedures as a new application. If an application for an amendment to the Town Board is not made, the site plan and/or subdivision plat shall be considered as disapproved.

Time limits. If construction work on the proposed development project is not begun within three years of approval of the development master plan, then approval of the development master plan shall become null and void and all rights therein shall cease unless the Town Board, for good cause, authorizes an extension.

§ 210-67 Dish and microwave antennas.

The provisions of this section are intended to regulate dish antennas and microwave antennas in order to minimize any adverse impacts on residential neighborhoods and structures.

Dish-type antennas must be set back at least 15 feet from side and rear lot lines and shall be screened from existing residential uses on abutting lots, where practical.

Site plan approval shall be required for nonresidential, ground-type, dish-type antennas.

§ 210-67.1 Electric vehicle charging stations.

[Added 8-17-2022 by L.L. No. 7-2022[1]]

Applicability.

Electric vehicle charging station(s) (EVCS) with a Level 1 or Level 2 charging level shall be permitted in all zoning districts as an accessory use to a single-family dwelling, two-family dwelling, multifamily dwelling, or townhouse to serve the occupants of the dwelling(s).

EVCS with a Level 2, Level 3 or greater charging level shall be permitted as an accessory use to any nonresidential use in all zoning districts subject to site plan review and the design criteria of Subsection B herein.

Refer to § 210-92S for thresholds when EVCS are required.

Design criteria. The following criteria shall be applied to the location and design of all EVCS associated with any nonresidential use and multifamily dwellings with 10 or more dwelling units:

Parking. EVCS shall be located in an existing or proposed parking space developed in accordance with the provisions of § 210-92.

Location. Unless required by Subsection B(11) herein, EVCS shall not be located in the most convenient or prime parking spaces that would encourage use by non-electric vehicles.

Equipment shelters. Above-ground electric vehicle charging equipment shall be contained in a Milbank enclosure or equivalent equipment shelter.

Cord management. EVCS shall be provided with a cord management system that keeps cords and connectors off the ground when not in use. Cords shall be retractable or the EVCS shall include a place to hang the cord and connector sufficiently above the pedestrian surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Design and screening. Facilities should be able to be readily identified by electric vehicle users, but be compatible with the character and use(s) of the site. The Town may require screening of electric vehicle charging equipment with fences, walls and/or evergreen vegetation.

Equipment protection. Adequate EVCS protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards if the EVCS is set back a minimum of 24 inches from the face of the curb.

Pavement markings prohibited. No pavement markings or colored pavement shall be permitted other than what is required for standard and accessible parking spaces, and a generic electric vehicle symbol a maximum of four square feet in size.

Number. Unless the Town determines otherwise, no more than 10% of the total number of parking spaces that are required to serve the use(s) on the site may be electric vehicle parking spaces that are exclusively proprietary to a specific brand of vehicle.

Signs.

In addition to any signs required by law and the posting of the information in the following Subsection B(9)(b), each EVCS also may include one sign, a maximum of one square foot in size. Said sign shall be incorporated into or affixed to the charging station and shall not be a separate stand-alone sign; it shall not be illuminated, either internally, externally from underneath, above or behind, or with strip lighting or strings of light bulbs, shall not require a sign permit, and shall not be included in the total number of permitted signs for the lot or use to which the charging station is accessory.

The following information shall be posted on all EVCS: voltage and amperage levels; hours of operation if time limits or tow-away provisions are to be enforced; usage fees; safety information; and contact information for reporting when the equipment is not operating properly or other problems.

No audio message or audible electronic devices such as loudspeakers and similar instruments shall be permitted.

A small screen/keypad shall be permitted on the EVCS for payment purposes only. With the exception of the foregoing, no visual electronic devices shall be permitted, including but not limited to video screens, television screens, plasma screens, holographic displays, or any other screen that displays moving images.

No other signs on the EVCS or for the electric vehicle parking space shall be permitted, including but not limited to electronic message display signs, off-premises signs, or any other type of advertising, other than as may be required by law.

Lighting. EVCS shall not be internally illuminated, nor shall any external illumination be attached to the EVCS.

Accessibility. EVCS shall be sited so as not to reduce or impede the accessible features of the site, including but not limited to accessible parking spaces, access aisles and routes, as required by the NYS Uniform Code. Accessible EVCS shall comply with the requirements of the NYS Uniform Code.

Maintenance. Electric vehicle charging stations shall be properly maintained in all respects, including the functioning of the charging equipment. Charging stations no longer in use shall be removed immediately.

Editor's Note: This local law also renumbered former § 210-67.1 as § 210-67.2.

§ 210-67.2 Energy facilities.

[Added 4-3-2013 by L.L. No. 8-2013; amended 4-1-2015 by L.L. No. 2-2015; 7-8-2015 by L.L. No. 7-2015; 5-4-2016 by L.L. No. 14-2016]

Purpose and objectives. The proliferation of solar energy systems ("SES") and wind energy systems ("WES") as an environmentally friendly and cheaper energy alternative is expected in the coming years, and this equipment and the installation thereof must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Town of Poughkeepsie and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Town. The Town recognizes the demand for SES and WES facilities and the need for the services they provide. This section regulates SES and WES installations to ensure that any such proposed energy system is designed, located, and installed in accordance with sound planning by:

Promoting the health, safety and welfare of the residents of the Town.

Minimizing the adverse visual effects of alternative energy systems and protecting the natural features, aesthetics and residential character of the Town through careful planning, design, location, buffering, and screening.

Avoiding potential damage to adjacent properties from falling or flying debris from SES and WES facilities through careful engineering and reasonable siting of energy system structures.

The primary purpose of any SES or WES facility shall be to provide power for the principal use of the property whereon the facility is located and not primarily for the generation of power for sale or resale to utilities or commercial users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a SES or WES otherwise designed to meet the energy needs of the principal use.

No SES or WES shall be located or operated so as to impede the function of any other SES or WES facility or of any radio or microwave communication device.

No SES or WES shall be located so as to reduce or impede the amount of sunlight that would fall on an adjoining lot absent the SES or WES.

Solar energy systems.

Roof-mounted SES facilities shall be permitted without site plan approval, provided such facilities meet the following standards:

SES facilities on a peaked, pitched, gable, hip, or mansard roof shall be mounted parallel to and no more than 18 inches above the roof surface.

SES facilities on flat roofs having no parapet shall not extend more than three feet above the height of the roof.

SES facilities on flat roofs with a parapet shall not extend above the height of the parapet.

All utility services and electrical wiring shall be underground or otherwise placed within conduit securely attached to the roof and walls.

Ground-mounted SES facilities shall be permitted subject to the following standards:

Except as provided in Subsection E(1)(a)[1] below, site plan approval shall be required for each SES facility.

For a single-family premises where the installation would comply with each of the standards for an SES as set forth in this chapter, site plan approval is not required.

SES facilities shall be located only in a side yard or rear yard and shall meet the minimum setback requirements for a principal structure for the zoning district in which the lot is located.

Ground-mounted SES facilities are prohibited in any front yard and, further, shall be located behind the front line of any principal structure.

No part of the SES shall exceed 10 feet in height above the finished grade of the site at the SES location.

The SES shall be fully screened from adjacent properties by fencing or a combination of fencing, and evergreen and deciduous plantings. Plantings used for screening shall be of such a height and width, at the time of planting, so as to obscure the SES from adjacent properties. Said screening shall be subject to the prior review and approval of the Department of Planning and the Zoning Administrator to ensure compliance with this requirement.

Wind energy systems.

Roof-mounted WES facilities are not permitted.

Ground-mounted WES facilities shall be permitted in all zoning districts subject to the following:

Site plan approval shall be required for any WES facility.

Anchor points for guy wires for the WES tower shall be located within the property lines of the lot on which the tower is located, and not on or across any aboveground electric transmission or distribution line, and shall be suitably protected from tampering or trespass.

Each WES shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application for site plan approval shall include a statement by a New York State registered professional engineer certifying that the rotor and over-speed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer shall also certify the structural compatibility of potential towers with available rotors. This certification shall include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the Loss of Blade Theory.

The base of the tower shall be completely enclosed by a locked, protective fence of at least six feet high, and designed to prevent tampering and trespass to the tower.

Ground-mounted WES facilities shall not exceed the maximum allowable height for a principal structure for the zoning district in which the lot is located.

Ground-mounted WES facilities are prohibited in any front yard and shall be located behind the front line of the principal structure.

Ground-mounted WES facilities shall be located only in a side yard or rear yard and shall be set back no less than 1.5 times the height of the support tower from any adjoining property line and any habitable structure. In addition:

The WES shall meet the requirements of Chapter 139, Noise, of the Town Code. To assure compliance with this requirement, the applicant shall provide a noise analysis prepared by a New York State licensed professional stating that the proposed WES facility would operate within the requirements of Chapter 139 and would not exceed the established noise standards of the Town Code.

All power transmission lines from the WES to any building or other structure shall be located underground and otherwise placed within conduit securely attached to the roof and walls.

No television, radio or other communication antenna may be affixed to or otherwise made a part of a WES.

No variance shall be granted in connection with any ground-mounted WES to permit a height greater than the maximum allowable height for a principal structure in the zoning district in which the lot is located, or to allow the placement of any WES nearer to an adjoining property line or habitable structure than the minimum setback required by this section.

[5]

The WES and its location on the property shall be designed to limit its visual impact on surrounding properties, and to minimize noise from the WES to adjacent and nearby properties.

[6]

The WES shall be screened, to the extent practicable, from adjacent properties by fencing or a combination of fencing and evergreen and deciduous plantings. Said screening shall be subject to the prior review and approval of the Department of Planning.

[7]

No signs, except for safety and warning signs, are permitted.

Ground-mounted WES facilities are permitted in the Residence, Single-Family 20,000 Square Foot (R-20,000) District, and the Neighborhood Business (B-N) District subject to the following additional requirements:

The rotor diameter (i.e., blade end to opposing blade end) shall not exceed six feet.

If a SES or WES facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the facility no later than 90 days after the end of the twelve-month period.

If any section, subsection or specific part or provision or standard of this section or the application hereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such section, subsection or specific part or provision or standard shall be deemed a separate, distinct and independent provision and such judgment shall not affect the validity of the remaining portions thereof.

To the extent that any provision of this section is inconsistent with the Town Law or any other provision of Article 16 of the Town Law, or of the Energy Law, or of the Real Property Law, or of the General Municipal Law, the provisions of this section are expressly intended to and do hereby supersede any such inconsistent provisions under the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority.

This section shall take effect immediately upon filing with this state's Secretary of State.

§ 210-68 Feeder roads.

Purpose. The purposes of feeder roads are to:

Maintain the flow and circulation of vehicular and pedestrian traffic along major roadways and within sites.

Provide improved access to commercial, industrial and residential developments located on or adjacent to arterials or other major roadways.

Preserve capacity of arterials or other major roadways by controlling access and preventing a proliferation of turning movements and traffic control devices.

Segregate local traffic from higher-speed through traffic.

Authority. As a condition of site plan approval, the Planning Board may require the construction of a feeder road, consistent with the purposes of this section. Where immediate construction of a feeder road is not practical but can be reasonably anticipated, the Planning Board may alternatively require the reservation of appropriate rights-of-way and other provisions to ensure that a feeder road may be built in the future. The Planning Board may also reset required front yard setbacks to provide sufficient space for proposed feeder roads, but in no case may setbacks be changed any more than is necessary to accommodate the proposed feeder road.

Design criteria. The construction of feeder roads and/or pedestrian accessways shall be considered where uses that generate significant traffic volumes abut arterials or other important collector roads, as such roads are shown in the Town Plan. Whenever practicable, feeder roads shall be located to the rear of structures to connect rear parking lots. Pedestrian accessways shall be located where appropriate and where they are likely to receive the most use.

Frontage roads. Where feeder roads are designed to be generally parallel to and abut existing roadways, the following criteria will be applied:

Appropriate design provisions must be included to allow sufficient space for turning and stacking of entering and exiting vehicles. Entrances and exits on and off arterials or collector roads should be limited to the number necessary. Where feasible, the distance between any access points should be at least 1,000 feet.

Roadway width must be sufficient to allow for the safe passage of vehicles. In general, 10 feet shall be provided for each travel lane and eight feet for on-street parking lanes.

A landscaped buffer between the arterial or collector road and the feeder road shall be provided. Such buffer shall be at least 20 feet in width and shall comply with the provisions of § 210-80, Landscaping.

Feeder roads must be built in accordance with the specifications contained in the Town of Poughkeepsie Town Road Standards [with the exception of Subsection C(1)(b) above] and are subject to the approval of the Town Engineer.

Access to adjacent land uses must be designed so as to allow safe ingress and egress of vehicles.

Rear feeder roads. Where feeder roads do not abut existing roadways or take access from existing roadways, the following criteria will be applied:

Feeder roads must be designed so as to provide safe access to adjacent land uses. Entrances and exits must be appropriately defined and their number limited to the minimum necessary.

The Town of Poughkeepsie Town Road Standards shall be used with the exception that the road width may be reduced to a minimum of 20 feet and lane width may be reduced to a minimum of 10 feet.

Pedestrian accessways. In addition to or instead of feeder roads, the Planning Board may require the construction of pedestrian accessways which serve to connect two or more lots or sites. The design of such accessways should create the most pleasant pedestrian environment possible and, where appropriate, should include landscaping and screening to insulate the pedestrian from vehicular traffic. Such accessways should be placed where most appropriate and are not required to be built adjacent to roadways.

Driveway interconnection. Where the construction of a feeder road is determined to be inappropriate or infeasible, the Planning Board may require the interconnection of existing entrances and exits, parking lots or driveways in order to eliminate the need for additional access points onto major roadways.

Temporary direct access. Where a feeder road is planned, but will not be built immediately, the Planning Board may grant conditional approval which would allow direct access to a roadway until the feeder road is improved and available. At such time, the direct access to the highway shall be eliminated. The Town Board will hold a bond or other form of guaranty to ensure that such closure occurs.

Maintenance. The Planning Board shall require written assurance, deed restrictions or other methods acceptable to the Town Attorney, binding the owner and his or her heirs and assignees to permit and maintain feeder roads and any interuse of parking facilities or other improvements.

§ 210-69 Fences and walls.

In a residential district, walls and fences not exceeding eight feet in height shall be permitted on any portion of a lot behind the front building line or the front setback line, whichever is less restrictive, except where the corner clearances are required for traffic safety and except as otherwise required in § 210-69. Within required front yards, no hedge, fence or wall shall exceed 3 1/2 feet. Electric, barb wire, razor wire, and other similar fencing shall be prohibited.

§ 210-70 Flammable liquid storage.

The storage of alcohol, crude oil, fuel oil, gasoline, liquefied petroleum gas or any other highly flammable liquid shall be subject to the Town of Poughkeepsie Fire Prevention Code, New York State Uniform Building and Fire Prevention Code and accepted standards.

§ 210-71 Funeral homes.

The following shall apply to funeral homes:

Such buildings may contain space and facilities for:

Embalming and the performance of other services used in the preparation of the dead for burial.

The storage of caskets, funeral urns or other related funeral supplies.

The storage of funeral vehicles.

Such buildings shall not include facilities for cremation.

Where a funeral home is permitted, a funeral chapel shall also be permitted.

All funeral homes shall meet the requirements for landscaping and off-street parking.

§ 210-72 Garage sales; tent sales.

A nonrenewable permit issued by the Zoning Administrator is required in order to conduct a garage sale for a maximum of three consecutive days; permits may be extended because of inclement weather. There must be a separate application each time a garage sale is held. The following regulations also apply:

Merchandise bought for the express purpose of resale is prohibited.

There shall be a limit of two garage sale permits per residential structure per year.

The sale shall be between the hours of 8:00 a.m. and 6:00 p.m.

The permit is automatically revoked should the Town of Poughkeepsie Police, Senior Officer in Charge, state in writing that the sale is creating an unsafe traffic condition.

Temporary signs may be posted for the duration of the sale, subject to the following conditions:

Signs shall be removed at the end of the sale.

Signs shall not exceed six square feet.

A revocable, nonrenewable permit issued by the Zoning Administrator is required in order to conduct a tent sale. Tent sales shall be limited to three consecutive days three times per calendar year per site. The permit may be extended by the Zoning Administrator due to inclement weather. Additionally:

[Amended 7-11-2012 by L.L. No. 15-2012]

The sale shall be between the hours of 8:00 a.m. and 6:00 p.m.

The permit is automatically revoked should the Zoning Administrator or the Town of Poughkeepsie Police, Senior Officer in Charge, determine in writing that the sale is creating an unsafe traffic condition.

§ 210-73 Golf courses.

In any district where permitted, golf courses shall be subject to the following regulations:

Minimum area shall be 20 acres.

Any buildings incidental to the golf course shall be located at least 200 feet from any external street or property line.

Parking areas shall be located at least 50 feet from any external property line(s). Off-street parking shall be in accordance with § 210-92.

Appropriate landscaping/screening shall be provided around golf course buildings and parking areas, and, if necessary, around fairways and greens, to screen views from existing developed residential properties outside the golf course. Such landscaping shall be of a design, location and material approved by the Planning Board.

§ 210-74 Home occupations.

[Amended 6-4-2014 by L.L. No. 8-2014]

General criteria.

The provisions of this section are intended to protect and maintain the residential character of the districts in which such uses are permitted.

More than one home occupation per residential unit is permitted, provided the specific criteria for the aggregate of each such use are met. A home occupation shall be clearly accessory to the principal residential use of the dwelling and shall not change the character thereof.

All home occupation activities shall be conducted within the enclosed space of the principal building, with the exception of animal boarding where animals may be walked or exercised outdoors. No outdoor storage or displays shall be permitted.

[Amended 7-5-2023 by L.L. No. 8-2023]

The residence in which the home occupation is conducted must be occupied by those engaged in the home occupation as their principal domicile.

A nameplate identifying the name of the resident carrying out the occupation and the service offered shall be permitted, provided such nameplate shall not exceed two square feet and shall not be illuminated or animated.

No business generating noise audible beyond the parcel boundary shall be permitted.

The home occupation shall not generate more than four one-way, commercial vehicle trips per day.

No stock-in-trade shall be permitted.

No home occupation shall create a hazard to public health, welfare or safety.

The home occupation shall not be open to the public earlier than 8:00 a.m. or later than 7:00 p.m. on any day.

The following uses are specifically prohibited as home occupations: retail sales or rental business; bed-and-breakfast; inn; ambulance, taxi, limousine, or towing service; motor vehicle repair, sales, service, and rental business, including repair, parts, sales, upholstery, body work, painting, washing, and detailing; appliance or engine repair, rental, or service; restaurant; delicatessen; bar or tavern; servicing of construction equipment; public stable; kennel; animal hospital; animal rescue; veterinary office; group instrument instruction; boardinghouse; funeral home or mortuary establishments; convalescent homes and other extended-care medical facilities; tractor-trailer operations, including storage, warehousing and repair; and tattoo parlors.

[Amended 6-1-2022 by L.L. No. 2-2022; 7-5-2023 by L.L. No. 8-2023]

Specific criteria:

Home occupations that meet the following criteria are allowed, subject to registration with the Zoning Administrator and payment of a fee as set by the Town Board. The registration shall identify the name of the person(s) operating the business; the business name; the name of the property owner; and a certification as to compliance with the general and the specific criteria as set forth herein. Nothing herein shall be construed to prohibit or prevent the Zoning Administrator from referring any application under this subsection for a special use permit under Subsection C(2) below where the Zoning Administrator determines that the proposed home occupation does not or will not meet all of the specific criteria of this section.

Shall be one of the following uses: professional and business office; art studio; data technician, including computer programming and repair; florist; drafting and graphic services except printing; tailor; house-cleaning service; baking, cooking, and preparation of goods for off-site sale and consumption; tutoring and music lessons.

No more than one nonresident employee may be employed in the home occupation.

The area of the principal structure in which the home occupation is conducted shall meet all requirements for habitable space as defined in § 210-9.

No more than 15% of the habitable space of the principal structure may be used in the home occupation.

Areas devoted to inventory and supplies shall not occupy more than 50% of the area permitted to be used for the home occupation.

Services and instruction offered are limited to no more than two clients or customers at a time. For animal grooming, training, and boarding (whether day or overnight), this subsection shall permit no more than two nonresident dogs at a time, provided that no more than four dogs more than four months of age will be on the property at any one time.

[Amended 7-5-2023 by L.L. No. 8-2023]

Parking for each employee shall be provided on site. In addition, if the business receives clients or customers on the premises, sufficient off-street parking for each such client or customer shall be provided, and the registration shall certify the number of off-street parking spaces on the property.

Home occupations that do not meet the criteria in Subsection C(1) above but meet the following criteria are allowed subject to special use permit approval by the Zoning Board of Appeals and are also subject to the requirements of the New York State Uniform Fire Prevention and Building Code for a commercial occupancy.

No more than two nonresident employees shall be permitted.

No more than 25% of a residential building's habitable space shall be devoted to such use.

Services and instruction offered shall be limited to no more than five clients or customers at a time.

Occupations that do not meet the general criteria and either Subsection C(1) or (2) of the specific criteria are not home occupations and are not permitted pursuant to this section.

§ 210-75 Hotels and motels.

In any district where permitted, hotels and motels shall comply with the following provisions:

Hotels and motels may include accessory restaurant and other facilities not to exceed 25% of total floor area.

A hotel or motel may include general office accommodations, subject to applicable district regulations.

In a Highway Business (B-H) District, no sleeping unit shall be closer than 100 feet to any street line or 50 feet to any property line; except where it abuts a residential district, then the distance shall be 70 feet.

Other activities or uses, whether permanent or temporary, which are customarily incidental to a hotel or motel are permitted; however, all such uses must be conducted entirely within the building. There shall be no external evidence of such activity or use other than permitted signs.

§ 210-76 Incentives.

Statement of policy. Pursuant to § 261-b of the Town Law, the Town of Poughkeepsie hereby establishes a policy of encouraging the preservation of open space and the provision of facilities and amenities that would benefit the Town by providing incentive(s) to applicants seeking approval of a major subdivision plat or a multifamily development to develop the residential uses in accordance with the standards of this chapter and Chapter 177.

Purpose. The purpose of the Town's system of incentive zoning is to advance the goals and policies expressed in the Town Plan and this chapter. Pursuant to a findings statement adopted after the review and acceptance of a final generic environmental impact statement that analyzed the potential environmental effects associated with adoption of this chapter, the Town Board hereby finds that the system of incentive zoning set forth in this section is consistent with the Town Plan and that such incentives are compatible with the development otherwise permitted in the residential districts as set forth in this chapter. As set forth below, the Town Board has established standards for the proper application of incentive zoning to a major subdivision plat and a multifamily development project, and the specific findings the Town Board shall make prior to approving an adjustment to the maximum density unit requirements of this chapter.

Grant of authority. In considering an application for approval of a major subdivision plat or multifamily development project, the Town Board is hereby authorized to adjust the maximum density unit requirements of the zoning district in which the property is located in exchange for one or more of the specifically identified incentives, and in accordance with the standards and conditions set forth below. In authorizing the incentive adjustment to the maximum density unit pursuant to said section, the Town Board shall ensure that the benefit to the Town is permanent, and may require such easements, surety or other performance guarantees that the Board deems necessary.

Applicability. The incentives set forth herein shall be applicable only to parent parcels of not less than 25 acres and that are zoned R-4A, R-2A, or R-1.5A for which an application for approval of a major subdivision or approval of a multifamily development project pursuant to this chapter and Chapter 177 of the Town Code is submitted. The Town Board is solely vested with the authority to grant an incentive bonus in return for one or more of the benefits as set forth in this section.

Location of open space. The Town Board is authorized to require the reconfiguration of a development plan to ensure that the open space to be protected under the plan consists of usable open space as defined in this chapter

Maximum allowable adjustment. In no event shall the total of the Tier 1, Tier 2, Tier 3, and Tier 4 incentive adjustments set forth below exceed 100% of the base maximum density unit calculation for the conventional subdivision or multifamily development project as determined by the Planning Board in its recommendation to the Town Board. Only one adjustment per tier shall be allowed for any one development project.

Incentives. Notwithstanding any contrary provision of the Town Law, this chapter, or Chapter 177 that limits or restricts the maximum unit density of a proposed major subdivision or multifamily development project, an applicant may apply for an incentive adjustment to the maximum unit density requirements of this chapter in exchange for one or more of Tier 1, Tier 2, Tier 3, or Tier 4 benefits for any major subdivision or multifamily development project.

Tier 1 Open Space Incentive. The calculation of the Tier 1 incentive is based on the maximum density unit calculation for a conventional subdivision or a multifamily development project prior to the addition of any Tier 2, Tier 3, or Tier 4 incentive, and shall be in addition to any Tier 2, Tier 3, or Tier 4 incentive adjustment up to the maximum allowable adjustment.

For the permanent preservation of not less than 40% of the gross land area of a parent parcel as usable open space, a thirty-percent increase in the total number of dwelling units; or

For the permanent preservation of not less than 50% of the gross land area of a parent parcel as usable open space, a forty-percent increase in the total number of dwelling units.

Tier 2 Land Dedication Incentive.

The calculation of the Tier 2 incentive is based on the maximum density for a conventional subdivision or a multifamily development project prior to the addition of any Tier 1, Tier 3, or Tier 4 incentive, and shall be in addition to any Tier 1, Tier 3, or Tier 4 incentive adjustment up to the maximum allowable adjustment.

For the dedication of not less than 15 contiguous acres of usable open space land for public use for trails, active or passive recreation, or waterfront access, a fifty-percent increase in the total number of dwelling units; or

For the dedication of not less than 10 contiguous acres of usable open space land for ball fields fully built and finished by the applicant, a fifty-percent increase in the total number of dwelling units. A finished ball field shall include all grading of the relevant fields, necessary lineage and other specifications relevant to the respective sport, reasonable distances and measurements required for children or adult usage, such age usage to be determined in the discretion of the Town Board, and adequate fencing and other common amenities.

At the discretion of the applicant, either of the public uses set forth in Subsection G(2)(a)[1] or [2] above may be dedicated and shall satisfy the requirements of a Tier 2 incentive, provided that such dedication shall be by permanent easement or conveyance of land in-fee to the Town. Based upon the facts of the case, the Town Board shall also determine the impact of such easement or conveyance on any parkland or in-lieu-of-parkland fee thereof.

The Town Board shall ensure that the lands dedicated for public use under the Tier 2 incentive are usable in fact for trails, active or passive recreation, or waterfront access and do not consist solely of wetlands, water bodies, steep slopes or other environmentally constrained lands not suitable for public use. The Town Board is solely vested with the jurisdiction to approve a Tier 2 incentive, and to accept a land dedication hereunder.

Notwithstanding anything to the contrary hereunder, if an applicant proposes active recreation in the form of a ball field within 100 feet of one or more existing or proposed residential units under this chapter, the applicant may, in its discretion, include a covenant and the Town Board shall agree that the Town will not construct lighting at the ball field, aside from minimal lighting for security purposes, which covenant shall run with the land in perpetuity.

Nothing in this incentive § 210-76 shall be construed as to reduce or eliminate recreation land set aside requirements or fees as noted in §§ 105-4P(9) and/or 210-93.[1]

[Added 4-9-2008 by L.L. No. 6-2008]

Tier 3 Workforce Housing or Senior Housing Incentive. The calculation of the Tier 3 incentive is based on the maximum density for a conventional subdivision or a multifamily development project prior to the addition of any Tier 1, Tier 2, or Tier 4 incentive, and shall be in addition to any Tier 1, Tier 2, or Tier 4 incentive adjustment up to the maximum allowable adjustment. The bonus density shall not exceed 30%, regardless of the unit allocation.

Incentive calculation.

If not less than 10% of dwelling units qualify as affordable, a fifteen-percent increase in the total number of dwelling units; or

If not less than 20% of dwelling units qualify as affordable, a thirty-percent increase in the total number of dwelling units; or

If not less than 10% of the dwelling units qualify as senior housing, a fifteen-percent increase in the total number of dwelling units; or

If not less than 20% of the dwelling units qualify as senior housing, a thirty-percent increase in the total number of dwelling units.

For the purposes of this subsection "affordable" shall mean:

For residential units available for purchase, a sales price within the means of a household income which is 80% of the median income of the Town of Poughkeepsie as defined by the United States Department of Housing and Urban Development.

For residential units available for rent, a rental price within the means of a household income which is 60% of the median income of the Town of Poughkeepsie as defined by the United States Department of Housing and Urban Development.

For the purposes of this subsection, "senior housing" shall mean housing that may only be occupied by elderly families and their families as defined and described below. Notwithstanding the definition of "family" as defined in Article II of this chapter, and for purposes of this article, an "elderly family" shall consist of:

A single person 55 years of age or older;

Two or three persons, all of whom are 55 years of age or older;

A married couple, the husband or wife of which is 55 years of age or older;

One child residing with a parent who is 55 years of age or older, provided that said child is over the age of 18;

[5]

The surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death;

[6]

One adult 18 years of age or older residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State;

[7]

A single person who is physically handicapped and between the ages of 18 and 55;

[8]

A married couple, the husband or wife of which is physically handicapped and between the ages of 18 and 55;

[9]

One child residing with a parent or grandparent who is physically handicapped and between the ages of 18 and 55, provided that the child is also 18 years of age or older;

[10]

The surviving spouse of a person who was physically handicapped and between the ages of 18 and 55, provided that the spouse was duly registered as a resident of the development at the time of the physically handicapped person's death; or

[11]

One adult 18 years of age or older residing with a person who is physically handicapped and between the ages of 18 and 55, provided that said adult is essential to the long-term care of the physically handicapped person as certified by a physician duly licensed in New York State.

Tier 4 Historic Preservation Incentive. The calculation of the Tier 4 incentive is based on the maximum density for a conventional subdivision or a multifamily development project prior to the addition of any Tier 1, Tier 2, or Tier 3 incentive, and shall be in addition to any Tier 1, Tier 2, and Tier 3 incentive adjustment up to the maximum allowable adjustment.

For the rehabilitation and adaptive reuse of a structure listed on the state or federal list of historic places, or on the Town of Poughkeepsie list of designated local landmarks, a twenty-percent increase in the total number of dwelling units.

Procedure. The Town Board shall review and approve any incentive adjustment pursuant to this section.

Applications. An application for an incentive bonus shall be in writing and submitted to the Planning Board as part of an application for approval of a major subdivision plat, multifamily development or cluster subdivision. The application shall include a statement as to the estimated buildable yield of the proposed development parcel, a copy of an environmental assessment form (EAF) or draft environmental impact statement (DEIS), a boundary and topographic survey accurately depicting existing site conditions, a proposed subdivision plat or site plan, and a grading plan. The application for an incentive bonus shall also contain an explanation and necessary drawings describing the proposed amenity(ies), include any covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings or structures, and explain the requested incentive adjustment.

Fees. An application shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review by the Planning Board. If the Town Board or the Planning Board requires professional review of the application for an incentive bonus by a private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant, and an escrow deposit will be required.

Planning Board review and referral. The applicant shall submit its application for approval of a major subdivision plat, multifamily development or cluster subdivision, including the application for an incentive bonus, to the Planning Board. At the next regular meeting of the Planning Board at which the application is to be considered, the Planning Board shall refer to the Town Board the application seeking an incentive bonus. The Planning Board shall also include a statement of its determination as to the buildable yield of the development parcel and the number of density units that may be constructed. The Planning Board shall continue its review of the application for approval of a major subdivision plat, multifamily development or cluster subdivision simultaneously with the Town Board's review of the application for an incentive bonus all in accordance with Chapter 177 or Article VIII of this chapter, as the case may be.

Town Board review. Upon receipt of an application for an incentive adjustment, the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered. The Town Board shall review the application for the incentive bonus, and shall issue its decision within 62 days of the date of referral. The Town Board's review shall be limited to a determination whether the applicant has complied with the criteria set forth under Subsection G hereof. An applicant that meets the criteria set forth in Subsection G above shall be granted the additional incentive density.

Town Board decision. Within 30 days of the issuance of a negative declaration or finding statement under SEQRA, as the case may be, the Town Board shall make a final decision regarding the application for an incentive bonus, and shall approve the application to the extent that an applicant has satisfied one or more of the Tier 1, Tier 2, Tier 3 or Tier 4 incentive criteria established under this chapter; provided, however, that adjustments to density shall not exceed the maximum allowable density requirements of this chapter or Chapter 177. Prior to issuing its final decision regarding an application for an incentive bonus, the Town Board shall notify the applicant of the place, date and time of the meeting at which the application is to be considered.

In authorizing workforce housing or senior housing, the Town Board shall require an agreement with the developer to ensure that the units will remain affordable as defined herein for a period of not less than 25 years after the date of initial occupancy. In addition, the Town Board may require the developer to prepare and keep current a list for workforce housing or senior housing occupancy that may include preferences for municipal and emergency workers, Town residents, and county residents.

Findings. Before approving an adjustment to the maximum allowable density requirements of this chapter in exchange for one or more of the identified benefits, the Town Board shall make the following specific findings:

That the major subdivision or multifamily development application provides one or more of the benefits identified under the Tier 1, Tier 2, Tier 3 or Tier 4 incentive.

That the proposed adjustments do not individually or collectively exceed the allowable density requirements of this chapter.

That the units designated as "affordable housing" and "senior housing" shall remain as affordable housing or senior housing by an annual certification to the Board identifying the occupancy of the units by qualified persons and families, and that a failure to so certify may be deemed a violation of the site plan approval granted by the Planning Board. The Town Board may grant one or more waivers from this provision, not to exceed one year each, upon written request and proof from the applicant that despite best efforts the applicant has been unable to locate persons or families qualified to occupy one or more of the units designated as "affordable housing" or "senior housing."

That the units designated as "affordable housing" and "senior housing" shall remain affordable by an instrument approved by the Town Board Attorney that shall be filed in the Office of the Dutchess County Clerk.

That proper surety or performance guarantees between the applicant and the Town covering future title, dedication and provisions for the costs of land or improvements are or will be in existence as of the date the final plat map is signed by the Chairman of the Planning Board.

§ 210-77 Inns.

In any district where permitted, inns shall comply with the following provisions:

A minimum of three acres is required.

The number of guest rooms shall not exceed 25.

Restaurant and conference uses shall be accessory to the overnight accommodations use.

The total gross square footage of floor space devoted to accessory restaurant and conference facility space shall not exceed 40% of the total gross square footage of the inn.

No parking or loading area shall be located within 50 feet of a property in residential use or to property located within a residential district.

The Dutchess County Department of Health shall certify that the water supply and the sewage treatment systems are adequate for the maximum occupancy, including overnight guests and restaurant guests.

The inn shall prepare and maintain an emergency evacuation plan in accordance with Dutchess County Health Department and Town of Poughkeepsie regulations, as applicable.

Parking spaces shall be provided as follows:

Overnight accommodations: not less than one parking space per guest room.

Restaurant: not less than one parking space for each three seats, or one for each 75 square feet of gross floor area, whichever is greater.

Conference facility: not less than one parking space for each 75 square feet of gross floor area.

Employees: not less than one parking space for every three employees.

§ 210-78 (Reserved) [1]

Editor's Note: Former § 210-78, Kennels, was repealed 7-5-2023 by L.L. No. 8-2023.

§ 210-79 Land contour changes.

Purpose. The purpose of these regulations is to protect the public health, safety and welfare by regulating landfilling, land contour changes, site preparation, construction activities and other land alterations not specifically excluded and not constituting soil mining or quarrying. Relative to this purpose, these regulations are intended to:

Control erosion and sedimentation to protect water bodies and prevent increased flood hazards.

Protect people and properties from slope instability, landslides and slumping.

Prevent land alterations which will adversely affect groundwater and surface waters.

Minimize on-site and off-site adverse impacts.

Provide for the reclamation and reuse of disturbed areas.

Prevent unnecessary destruction of trees, vegetation and other unique natural features.

Prevent unnecessary modification of natural topography or unique geological features.

Preserve and protect the natural beauty of affected areas.

Preserve and protect the character of neighborhoods and areas within the Town.

Ensure that landfilling, land contour changes and other land alterations are consistent with the Master Plan of the Town of Poughkeepsie.

Land contour change, minor.

This section applies to land contour changes which:

Involve contour changes greater than two feet; and/or

Involve the movement of more than 50 but fewer than 300 cubic yards of material naturally occurring at the site.

Items in Subsection B(1) above shall be subject to the following regulations:

No land contour change as previously described shall take place without the issuance of a contour change permit by the Zoning Administrator.

The Zoning Administrator, upon written application, may authorize a change of land contours in excess of two feet, if said change does not involve more than 300 cubic yards of clay, loam, sand, gravel or other substances naturally occurring on the site. Such information and plans as are necessary to evaluate the application may be required. Such authorization shall have the prior approval of the Town Engineer.

Prior to the issuance of a land contour change permit, the Zoning Administrator shall require the applicant to submit a written document outlining the purpose, method and extent of the proposed land contour changes and may require the applicant to submit a grading plan and other data, reports or documents, as deemed necessary by the Town, to determine that the proposed land contour change:

Shall not adversely affect natural drainage or the structural safety of adjoining buildings or lands.

Shall not create any noxious or injurious condition or cause public hazard.

Is in conformance with purposes outlined previously in this section.

Does not constitute soil mining or quarrying as defined in the Excavations Law.

If, upon inspection, the Zoning Administrator finds that an excavation is not in conformance with the standards outlined in Subsection B(2)(c) above, the Zoning Administrator may require the premises to be immediately cleared of any rubbish or building materials, returned to its original contours, topsoil replaced and a ground cover adequate to prevent erosion established.

In any district, the Building Inspector and Town Engineer may authorize, with the issuance of a building permit, land contour changes in excess of two feet on no more than 80% of the site, if such changes are for grading related to the construction of a building or structure. In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with the depth greater than two feet below existing grades shall immediately be returned to its original contours and the topsoil shall be replaced and ground cover shall be adequate to prevent erosion.

Land contour change, major.

When required.

A land contour change permit shall be obtained for all landfilling operations which:

Involve landfilling or removal of more than 300 cubic yards of fill; or

Cause the raising or lowering of grade more than two feet.

Exceptions. A land contour change permit shall not be required for landfill activities that are undertaken in conjunction with a Town-approved development activity in which a valid building permit has been issued.

Written application requesting the land contour change permit shall be submitted to and subject to the approval of the Planning Board in accordance with the following provisions. Each application shall be accompanied by the following information:

A statement clearly detailing the nature and extent of such proposed operations, including the type and amount of material to be filled, regraded and removed, the manner in which it will be accomplished, the proposed hours of operation and a time schedule for the completion of the various stages of the operation.

Ten copies of a topographic survey, prepared by a licensed engineer or surveyor, showing:

The boundaries of the property where the landfill is proposed and the boundaries of the work area.

Existing contours in the area to be filled and proposed contours after completion of the work, which contours shall be prepared from an actual survey, shall be based on a bench mark noted and described on the map and shall be drawn to a scale of not less than 100 feet to the inch and with a contour interval not to exceed two feet.

Existing and proposed drainage on the premises.

Surrounding streets and property lines and names of property owners.

Principal wooded areas, rock outcrops, wetlands and watercourses.

Existing and proposed structures on the premises and surrounding properties.

Proposed truck access and routes to the landfill area.

A proposed plan for the control of erosion.

Such other professionally prepared maps, plans, boring tests, feasibility studies, physical, geological and hydrological studies and other engineering data as may be required by the Planning Board in order to determine and provide for the proper enforcement of these regulations.

The Planning Board may grant or renew a landfill permit for one year if it finds that the following conditions and requirements have been met:

The natural beauty of the Town or district shall not be impaired or affected.

The plan provides for proper drainage of the area both during and after the filling operation and will not adversely affect the structural safety of adjoining buildings or land.

No sharp declivities, pits, depressions or soil erosion problems will be created and no slope or bank will exceed one foot of vertical rise in two feet of horizontal distance or exceed whatever lesser slope is necessary to maintain stability under the particular soil conditions.

The proposed landfill will not impair the future use of the property in accordance with this chapter, and the slopes and banks will not impair good development and safe use of the property after filling.

Proper provision will be made for the control of dust.

The natural beauty and function of water bodies, floodplains and wetlands shall not be impaired.

Either the top layer of arable soil for a depth of six inches shall be set aside and retained on the premises or a substitute topsoil shall be spread over the filled area upon completion of the landfill in accordance with approved contour lines and seeded with a suitable cover crop.

Suitable fencing for enclosing the property in which the landfilling operation is located shall be provided if the Planning Board determines that such is required.

(i)

The proposed truck access will not create safety or traffic hazards.

(j)

Trucks and vehicles shall be operated so as not to spill material upon the roads and highways. All trucks shall be covered.

The landfill permit shall provide specifically which of the following materials may be used as fill in a particular landfill. Those items which may be authorized as fill are:

Large boulders and blasted rock which have been broken up to the extent that no voids will occur, or large boulders and blasted rock which have been mixed with other acceptable site material as set forth herein in the approximate proportion of 70% boulders and blasted rock to 30% acceptable site material.

Precast masonry, concrete sidewalk slabs and other concrete materials which have been thoroughly crushed before use and mixed with other acceptable site material as set forth herein in the approximate proportions of 70% concrete and masonry items to 30% acceptable site material.

Heavy soils such as dense clay and silt, provided that they will not block natural surface or subsurface drainage.

Organic soils and inorganic soils such as clay, loam, gravel and sand.

The applicant shall be required to furnish a security in an amount determined by the Town Engineer to be sufficient to guarantee completion and/or stabilization of the finished grading and drainage. Such security shall be approved as to form by the Town Attorney, and shall be approved by the Town Board, and shall be released only upon certification by the Town Engineer that all requirements of the land contour permit have been complied with.

[Amended 8-24-2011 by L.L. No. 19-2011]

If at any time the Planning Board finds that the landfill is not being conducted or cannot be conducted in accordance with plans as approved, the Board shall notify the Zoning Administrator to order the applicant to cease operations and to stabilize the disturbed area.

Upon approval, one copy of the approved landfill plan shall be returned to the applicant by the Planning Department, together with the landfill permit.

§ 210-80 Landscaping.

Purpose. It is declared to be the purpose of the Town of Poughkeepsie to protect the health, safety and welfare of the residents and commercial interests of the community by ensuring that appropriate landscaping is installed in new developments. The Town finds that landscaping serves many important functions, including minimizing the risk of damage resulting from soil erosion, protecting water and air quality, the protection of property values by maintaining the aesthetic standards of the community and the preservation of the visual experience.

Required landscaping plan. Any application for approval of a site plan or special use permit shall be accompanied by a separate landscaping plan unless waived by the governing board. Said plan shall be submitted on sheets drawn at the same scale as the overall plan and show existing and proposed landscape elements.

All required landscaping shall be maintained for the life of the site.

§ 210-80.1 Little free libraries.

[Added 11-29-2018 by L.L. No. 13-2018]

For little free libraries, the requirements of Subsection B supersede those in § 210-48.

Little free libraries are permitted as an accessory use in any zoning district provided that the structure containing the little free library meets all of the following criteria:

Overall height must not exceed five feet above grade;

Must be sized and designed so that no person (child or adult) is able to enter;

Any enclosed area shall not exceed more than two feet wide, two feet tall, and two feet deep;

Must be located on private property owned or occupied by the sponsor of the little free library;

Shall be located only in a front yard;

Closest point on the structure shall be set back at least three feet from any street pavement or shoulder;

Where a sidewalk is present, the closest point on the structure shall be set back at least one foot from the sidewalk;

Shall not be located within, or overhang, any easement:

Shall not interfere with or obstruct the view or free passage of pedestrian, bicycle, or vehicle traffic;

Shall not impede drainage or snow removal and shall not obstruct any fire hydrant:

Shall not have electrical hookups, but may have solar or battery power to provide lighting, subject to § 210-81;

Shall be mounted on a sturdy post or secure base that is no wider and no deeper than the enclosure;

Shall be constructed of durable, weatherproof materials and shall be maintained and kept in good condition and repair by the owner or occupant of the property on which it is located. Books or other literary material shall not be permitted to be kept on the ground or outside of the enclosed portion of the structure.

One small sign, not more than one square foot in area, may be affixed to the little free library.

§ 210-81 Lighting.

General regulations.

No artificial lighting shall shine directly upon any neighboring residential property located in a residential district or be so established that it shall shine directly upon any residential property or shall shine directly on or into any room or rooms, porches or patios of any residential property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner so as to be a nuisance or an annoyance to neighboring residential properties or so as to interfere with the physical comfort of the occupants of residential properties.

Flashing sources of illumination are prohibited.

Lighting that moves or has moving parts is prohibited.

Strip lighting outlining commercial structures and used to attract attention to the nonresidential use, and strings of light bulbs used in any connection with a nonresidential use premises, is prohibited unless fully shielded.

Vegetation screens should not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved through the use of such means as cut-off fixtures, shields and baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture placement.

Exterior lighting shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas, as determined by the Planning Board.

Security lighting should use the lowest possible illumination to effectively allow surveillance.

Undercanopy lighting for such uses as gasoline service stations shall be recessed so that the lens cover is fully recessed, or flush, with the bottom surface (ceiling) of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to 85° or less from vertical.

Luminaries used for playing fields and outdoor recreational uses shall be exempt from the height restriction, provided all other provisions of this section are met and such lighting is used only while the field is in use.

Awnings and canopies used for building accents over doors, windows, walkways, and the like shall not be internally illuminated (i.e., not lit from underneath or behind).

Fixtures and lighting systems used for safety and security shall be in good working order and shall be maintained in a manner that serves the original design intent of the system.

General guidelines.

Where practical, exterior lighting installations should include timers, dimmers, sensors, or photocell controllers that turn the lights off during daylight hours or hours when lighting is not needed, to reduce overall energy consumption and eliminate unneeded lighting.

Exterior lighting installations should be designed to avoid harsh contrasts in lighting levels.

Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting.

Site lighting shall minimize light spill into the dark night sky.

Exterior lighting plan review.

An application for site plan approval shall include an exterior lighting plan depicting the number, location, mounting height, and type of proposed lighting fixtures and level of illumination on the site and at the property lines. The exterior lighting plan shall include at least the following:

Manufacturer specification sheets, cut-sheets or other manufacturer-provided information indicating the specifications for all proposed lighting fixtures.

The proposed location, mounting height, and aiming point of all exterior lighting fixtures.

If building elevations are proposed for illumination, drawings shall be provided for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the luminance levels of the elevations, and the aiming point for any remote light fixture.

Computer-generated photometric grid showing footcandle readings every 10 feet within the property or site, and 10 feet beyond the property lines. Iso-footcandle contour line style plans are also acceptable.

Additional information may be requested following the initial lighting plan review,

Residential district lighting. Within a residential district, all new parking lot lighting and site lighting for developments, other than single-family dwellings, shall be comply with the following:

Illumination at the property line shall not exceed 0.1 footcandle.

Luminaries shall be full cut-off type unless otherwise determined by the Planning Board.

Outdoor light fixtures equipped with floodlights are prohibited.

Wall pack outdoor light fixtures located on a front or side facade of a building or structure shall be full cut-off.

Non-cut-off outdoor light fixtures shall be limited to walkways, outdoor seating areas or other areas approved for such fixtures as part of a development plan.

Lights that may produce glare so as to cause illumination beyond the boundaries of the property on which they are located are prohibited.

Freestanding lights shall be appropriate to the design of the structures and shall not exceed 15 feet in height. Wall-mounted light fixtures shall not be mounted higher than 12 feet above the ground level immediately below the location of the light fixture. Both freestanding and wall-mounted fixtures shall be fitted with movable shields to allow for the redirection of light to avoid glare and the splaying of light to off-site locations.

Centers, hamlets, business, and commercial district lighting.

Within centers, hamlets, business, and commercial districts, all parking lot lighting and site lighting shall comply with the following:

Illumination at the property line shall not exceed 0.2 footcandle.

Luminaries shall be full cut-off, or semi cut-off as determined by the Planning Board.

Freestanding lights shall be appropriate to the design of the structures and shall not exceed 20 feet in height. Wall-mounted light fixtures shall not be mounted higher than 15 feet above the ground level immediately below the location of the light fixture. Both freestanding and wall-mounted fixtures shall be fitted with movable shields to allow for the redirection of light to avoid glare and the splaying of light to off-site locations.

Wall pack outdoor light fixtures oriented toward an adjacent residential property or a residential district shall be full cut-off.

Non-cut-off outdoor light fixtures shall be limited to walkways, outdoor seating areas or other areas approved for such fixtures as part of a development plan.

For exterior lighting installations and fixtures within 50 feet of a residential property or a residential district, freestanding lighting fixtures shall be no higher than 15 feet above grade and shall be full cut-off.

All outdoor light fixtures on single-use site, shopping center, integrated center, business park or industrial park, including those on freestanding light poles and those attached to buildings, security lights, and architectural lights, shall be of consistent or compatible style, pole height, mounting height, color, intensity, design and materials with other outdoor light fixtures within the lot, outlot, single-use site, integrated center, business park or industrial park.

No artificial lighting shall shine directly upon any neighboring residential property or residential district, or be so established that it shall shine directly upon any residential property or shall shine directly on or into any room or rooms, porches or patios of any residential property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring residential properties or as to interfere with the physical comfort of the occupants of residential properties.

Enforcement. To assure that site lighting does not adversely affect neighboring properties, the Zoning Administrator shall have the authority to require changes to the on-site lighting fixtures to minimize and eliminate glare and the splaying of light across property lines, and to ensure continuous compliance with this section. Such changes may include, but are not limited to, requiring the installation of lower wattage bulbs, the addition of shields to deflect light, and changes to the angle of the fixtures or shields. Failure to implement the changes as directed by the Zoning Administrator shall be a violation of this section, any permit or approval granted under this section.

§ 210-82 Marinas.

The following requirements and standards shall apply to new marina proposals, to projects for the expansion of existing marinas and to related use proposals, such as sale of marine supplies, services, fuel and equipment; boat yards; boat repairs; manufacture, assembly or repair of marine products such as boats, sails and hardware; charter boats and fishing guide operations; boat rentals; or annual membership clubs which are water-dependent:

All of the requirements listed in the specific zoning district.

Structures will be sited inland from the waterfront as much as possible, to increase open space along the waterfront and to minimize exposure to flooding and reduce runoff and non-point source water pollution.

In general, all new marina proposals or expansion of existing marinas shall, as appropriate, include sufficient parking, park-like surroundings, toilet facilities and marine pumpout facilities.

Marinas shall be located in areas where minimal physical attributes required by marinas already exist and where minimal initial and subsequent maintenance dredging will be required. Such physical attributes include natural depths at or exceeding minimal navigable depths, low rates of sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project. Marinas shall not be permitted in areas that would require frequent maintenance dredging that would harm aquatic life or would prevent the relocation of benthic organisms. Such areas would include those which would require maintenance dredging more often than once every five years.

Applicants must demonstrate that there is an adequate water supply to serve all of the project's needs.

Sewage pumpout facilities shall be provided at new marinas and expansion of existing marinas at a minimum rate of one pumpout station for every 100 boats accommodated, or fraction thereof.

Adequate restroom facilities for property users will be required to discourage any overboard discharge of sewage from boats in order to protect water quality and to provide a development amenity. The number of toilets required for any given marina shall be determined by the nature and size of the marina and by its specific site locations.

The applicant must demonstrate adequate capacity to properly dispose of or treat all sanitary wastes generated by the project.

An ample number of signs must be provided to identify the location of public restrooms and of pumpout facilities. Signs must also fully explain the procedures and rules governing the use of the pumpout facilities.

Trash receptacles shall be plentiful and convenient to encourage the proper disposal of trash and waste. A maximum spacing of 100 feet between receptacles shall be maintained on all piers and docks.

§ 210-83 Mobile home park district.

[Amended 7-19-2017 by L.L. No. 12-2017]

Mobile homes shall be located within mobile home parks and mobile home subdivisions within mobile home districts.

Mobile home parks are permitted by special use permit from the Planning Board in Residence, Mobile Home (R-MH) Districts subject to the following regulations:

Park size and capacity. Each mobile home park shall have a minimum area of 175,000 square feet and shall contain no more than one mobile home for each 6,000 square feet of gross area, excluding land used for access roads, recreation, service facilities and screen planting.

Size of lots. No mobile home lot shall be less than 6,000 square feet, nor shall any lot have less than 60 feet of frontage on an access road.

Clearances. Each mobile home shall be located on the lot with the following minimum clearances: sides, 10 feet from side lot lines; ends, 40 feet from rear lot lines, 25 feet from access roads; exterior lot lines, 30 feet. In computing these clearances, auxiliary rooms, porches and similar accessories connected to or associated with the mobile home shall be considered as part of the mobile home. Tool sheds of less than 100 square feet with sides of less than six feet in height are not subject to these clearance requirements. In the case of single-wide mobile homes, the front, rear and side yard setbacks shall be 10 feet from the property line.

Automobile parking. There shall be at least two off-road parking spaces for each mobile home within the mobile home lot.

Parking bay. Each off-road parking space shall be at least nine feet wide and at least 18 feet long.

Recreation area. A minimum of 10% of the total park area shall be set aside and used for open space or recreational area for the park. Such land shall be suitable for such use and shall be maintained by the owner of the park in a neat and usable condition for the residents of the mobile home park. Setbacks from streets and property lines required in Subsection B(3) above shall not be deemed to be a part of the required recreation or open space areas.

Screening and landscaping. Each mobile home park shall have a landscaped area at least 20 feet wide along exterior lot lines and public roads, suitably planted and maintained to provide visual screening from adjacent properties. The Planning Board may also require a fence for additional screening if appropriate. At the option of the Planning Board, existing vegetation can be used in lieu of screening requirements.

Internal road system. Mobile home parks shall have an internal road system capable of meeting the needs of public safety and welfare, as determined by the Planning Board, which may require two or more access points for the purpose of emergency service. Two or more access points are mandatory for applications of 50 or more lots.

Underground utilities. All utilities shall be placed underground.

Street signs and numbering. All internal roads will be adequately marked with signs to facilitate the provision of emergency services. Each unit must be separately numbered for convenient identification.

Skirting. All mobile home units must be fully skirted within 30 days of their placement on site.

Standards. All replacement mobile home units must have been built after June 15, 1976, and in conformance with the Federal Mobile Home Construction and Safety Standards.

Additional provisions. Each mobile home park shall provide sanitary conveniences, service and utilities, including water supply, sewage disposal and garbage disposal, commensurate with the following:

Water supply. Connection to municipal water supply is required.

Sewage disposal. Connection to municipal sewer is required.

Refuse disposal.

Adequate refuse receptacles with covers shall be provided for each mobile home.

These receptacles shall be kept in sanitary condition and emptied at least weekly.

Central refuse receptacles may be required by the Planning Board. These receptacles shall be screened and designed in a manner that facilitates control of odor.

Mailboxes. Mail delivery will be made to a central location in an enclosed structure of a consistent style and color.

Maintenance.

All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will be a menace to the health of any occupant or the public or constitute a nuisance.

All required improvements, including landscaping and screening, shall be maintained.

Snow removal. Internal drives shall be kept free of snow by the park owner or homeowners' association.

Statement of policy in regard to Shady Brook Trailer Park rehabilitation and redevelopment. The Shady Brook Trailer Park is located at 67 Old Manchester Road, Tax Parcel Number 6261-04-671364 (hereinafter "Shady Brook"). Shady Brook has been in operation as a trailer park since sometime in the mid to late 1950's. While the original locations of some of the units pre-date site plan and special permit review authority by the Town and are therefore legally nonconforming as to the Town's zoning law, the operator of Shady Brook has installed mobile home trailers in locations within the trailer park without receiving prior authorization from the Town when otherwise required to do so. The Town has worked to enforce compliance with the Town's zoning and land use regulations, including commencement of enforcement actions. Recently, many of the dilapidated and unsafe trailers have been removed by the current operator, but there are still units that remain noncompliant. Notwithstanding these recent enforcement efforts, the Town recognizes that the mobile home trailer park represents an affordable housing option for many residents who might not be able to afford the rental and mortgage costs associated with living in single-family or multifamily style housing. By providing the Planning Board with the authority to reduce the minimum setbacks between units and along perimeter lot lines, the mobile home trailer units may be clustered so as to avoid flood-prone areas of the site and reduce redevelopment costs related to installation of new water supply, sewage disposal, and electrical connections. By allowing units to be placed in closer proximity to each other than is currently permitted under Chapter 210, while maintaining the minimum separation distances required under the State Building Code, overall unit density would be maintained within the trailer park, thereby assuring the economic viability of trailer park operations. Accordingly, the following regulations authorize the Planning Board to approve a site plan for the Shady Brook Trailer Park as a means of retaining the mobile home park as a safe and affordable housing option for residents.

Grant of authority. 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 § 210-19 and § 210-83 of the Town Code as they apply to the layout of an amended site plan for the Shady Brook Trailer Park when, in the Planning Board's sole discretion, doing so would be consistent with the goals and objectives of the Town Plan pertaining to affordable housing and the statement of policy of this section. To the extent that any provisions of this subchapter 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.

Applicability. This section shall be applicable only to the land parcel located at 67 Old Manchester Road, Tax Parcel Number 6261-04-671364, which has been operating as and is known as the "Shady Brook Trailer Park." The Planning Board, in its sole discretion, shall determine whether to approve an amended site plan and special use permit for redevelopment of the Shady Brook Trailer Park in accordance with this § 210-83D, or whether to require implementation of a site plan in accordance with the standard provisions of § 210-19 and § 210-83 of the Town Code subdivision plan.

Required plans. An application under this § 210-83D shall include all plans and materials required for approval of a site plan and special use permit as set forth in this chapter.

Planning Board findings. In order to approve a site plan and special use permit, the Planning Board must find that the plan for redevelopment of the Shady Brook Trailer Park would fulfill the purposes of this chapter and the Town Plan.

Plan notations. The location of trailer units, lease line boundaries, open space, recreation, floodplain, and common facilities areas shall be clearly labeled on the approved site plan as to their use, ownership, management, method of preservation. The approved site plan shall clearly show that such areas are permanently reserved for their particular purposes, and shall contain appropriate references to any easements or restrictive covenants required by the Planning Board.

Recording. All required easements and restrictive covenants shall be recorded in the office of the Dutchess County Clerk prior to the Chairman's signature on the approved site plan.

§ 210-84 Mobile home park subdivisions.

Mobile home park subdivisions are allowed in R-MH Residence, Mobile Home Districts subject to the requirements of § 210-83, Mobile home park district. In addition, the Planning Board must ensure that adequate provision has been made for the proper operation and maintenance of common facilities and areas, including the road system.

§ 210-85 Mobile home and modular home sales and service.

All mobile home and modular home sales and service establishments shall be subject to the following standards:

The storage or display of mobile homes and modular homes shall not be permitted in any required yard or within 20 feet of a residence district boundary.

Each mobile home and modular home sales establishment shall have a landscaped area at least 20 feet wide along side and rear lot lines suitably planted and maintained to provide a visual screen from adjacent properties. At the discretion of the Planning Board, existing mature screening may be substituted for plantings.

The sales area shall be paved with an asphaltic, cement or crushed stone material. Drainage shall be directed away from adjacent properties and public streets.

Parking and additional landscaping shall be provided in accordance with § 210-92 and § 210-80.

§ 210-86 Motor vehicle accessory sales.

All motor vehicle accessory sales and service establishments shall be subject to the following standards:

All vehicle parts, new or discarded, and similar articles shall be stored within a building or screened from view.

Insofar as possible, all repair and service work shall be performed indoors.

Premises shall not be used for the display or sale of automobiles, trailers, mobile homes, motor homes, boats and other vehicles.

The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area.

No inoperative vehicle shall be stored on the premises for more than 90 days.

Minimum parking spaces required: two spaces per service bay (service bay is not a parking space), plus 3.3 spaces for every 1,000 square feet of gross floor area.

§ 210-87 Motor vehicle repair facilities.

All motor vehicle repair establishments shall be subject to the following standards:

All vehicle parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.

Insofar as possible, all repair work shall be performed indoors.

The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area.

No inoperative vehicle shall be stored on the premises for more than 90 days.

§ 210-88 Motor vehicle rentals.

All motor vehicle rental establishments shall be subject to the following standards:

The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area.

Insofar as possible, all repair and service work shall be accomplished indoors.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.

The outdoor storage of disabled vehicles is prohibited.

§ 210-89 Motor vehicle sales and service.

All motor vehicle sales and service establishments shall be subject to the following standards:

The storage of vehicles or equipment shall not be permitted within 20 feet of a residential district boundary or in any required yard, landscaped or buffer area.

Insofar as possible, all repair and service work shall be accomplished indoors.

All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened from view.

Each vehicle for sale is permitted one sign per vehicle with a maximum area of one square foot; this sign shall be displayed from inside the vehicle. Such vehicles shall have no other advertising or devices to attract attention.

§ 210-90 Motor vehicle service facilities.

[Amended 2-6-2013 by L.L. No. 4-2013]

In any district where permitted, motor vehicle service facilities shall be subject to the following regulations:

There shall be a minimum lot area of 30,000 square feet unless the district regulations require a larger lot area. There shall be minimum road frontage of 200 feet unless the district regulations require a larger road frontage.

No inoperative or partially dismantled automobile shall be stored on the premises for more than 90 days. All such vehicles shall be screened from view.[1]

Editor's Note: Former Subsection B, regarding underground storage of petroleum, was repealed 8-4-2021 by L.L. No. 8-2021. This ordinance also redesignated former Subsections C through G as Subsections B through F.

Off-street parking and storage of automobiles shall be in accordance with § 210-92.

No facility shall be located within 500 feet of any property developed for residential use which is located in a residential district.

A fence or wall adequate for year-round screening of the facility shall be installed along any residential property line and shall be of a design, height, location and material approved by the Planning Board. Special emphasis shall be placed on the use of acoustical and opaque materials as needed to achieve significant sound and light reduction, as determined by the Planning Board.

[Amended 8-4-2021 by L.L. No. 8-2021]

If a car wash is involved, the following restrictions shall apply:

Lot size for automobile washing facilities shall be a minimum of two acres, and such lot shall have street frontage of at least 200 feet.

All washing and machine-drying operations shall be conducted within a structure.

The building exit for automobiles that have completed the washing and machine-drying process shall be set back a minimum of 50 feet from the nearest point of any street line.

No washing, vacuuming, steam-cleaning, waxing, polishing nor machine-drying operation, nor building within which such operations are conducted, shall be permitted within 100 feet of a residential building located in a residence district.

All lot lines abutting residentially zoned or used property shall be screened by means of a solid masonry wall, opaque fence or evergreen hedge of a design acceptable to the Planning Board. Such screen shall not be less than six feet nor more than eight feet in height and shall be maintained in good condition throughout the life of the use.

All entrance and exit lanes and parking areas shall be surfaced with an asphaltic or portland cement pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all drainage water therein in a manner that does not adversely impact adjacent properties, uses and abutting roadways.

Entrance and exit drives:

The principal driveway entrance shall be located at least 200 feet from the nearest intersection of public streets.

Exit drives for new facilities shall be designed to avoid the accumulation of water on the surface normally traversed by exiting vehicles. The exit drive shall have a minimum length of 150 feet located past the wash facility structure and incorporate speed bumps designed to shake the vehicle sufficiently to remove as much wash water as possible prior to the vehicle's exiting the site.

Any lighting used shall be so arranged as to reflect the light away from adjoining premises in a residential use and abutting roadways.

All operations shall be conducted completely within the lot lines of the property.

Parking and stacking space. One parking space shall be provided for every three employees. In addition, off-street stacking spaces shall be provided for waiting vehicles in accordance with the requirements set forth below. Each single stacking space shall be 20 feet in length and 10 feet in width. Where a vehicle washing facility use is combined with a vehicle fueling station use, fueling positions shall not be included as off-street stacking space. Stacking space requirements shall be as follows:

[Amended 8-4-2021 by L.L. No. 8-2021]

Conveyor, tunnel or rollover-type car wash: eight stacking spaces per wash bay.

Wand-type coin-operated self-service car wash, five bays or fewer: five spaces per wash bay.

Wand-type coin-operated self-service car wash, six to nine bays: four spaces per wash bay.

Wand-type coin-operated self-service car wash, 10 or more bays: three spaces per wash bay.

Wastewater disposal.

All wastewater generated by the vehicle washing facility shall be disposed of properly. The design and capacity of any septic system servicing such a facility shall be approved in advance by the governmental agencies having jurisdiction over such systems. If a municipality sewer system is used for wastewater disposal, the facility shall obtain the permission and approval of the operators of the system in advance of discharging any wastewater into the system.

No vehicle washing facility shall be permitted to discharge any watery residue from the washing operation into any stormwater drainage collection system which could contaminate public water supplies.

No vehicle washing facility shall be operated within a distance of 100 feet of any designated wetland areas.

Water reclamation. All facilities shall have a water reclamation system, including a holding tank with an audio/visual alarm system to warn operating personnel of high level conditions.

If a car wash is combined with or added to any other motor vehicle service facilities, a special use permit is required for such car wash.

The provisions herein made shall not be affected in the event that any portion of the within legislation is declared void, invalid, unenforceable or unconstitutional.

§ 210-90.1 Multifamily developments.

Notwithstanding any other provision to the contrary, the formula set forth in § 177-15 of Chapter 177 shall be used to determine the maximum number of density units (i.e., units per acre or "DU") within a multifamily development that is subject to site plan or special permit approval.

§ 210-91 Nursing homes and alternate-care housing.

Purpose. It is the purpose of this section to encourage the development of well-designed nursing and alternate-care housing for the elderly (55 years of age or older). It has been determined that the physical integration of nursing care facilities along major highways in residential areas will provide a more coherent land use pattern, thereby preserving property values. Limiting these facilities to large parcels of property will maintain the visual and aesthetic environment. Further, a properly planned nursing or alternate-care housing home will provide area residents with employment opportunities.

Requirements. An application for a nursing home and/or other alternate care housing for the elderly (55 years of age or older) shall be subject to the following regulations:

[Amended 1-16-2013 by L.L. No. 2-2013]

Minimum area shall be 20 acres.

No site improvements (i.e., buildings, lighting, parking, stormwater controls, driveways, etc.) shall be permitted within 100 feet of any adjoining residential property.

There shall be a minimum fifty-foot landscaping area along the entire highway frontage, except for necessary drives and sidewalks.

At least 40% of the total gross acreage shall be composed of land which is used for passive recreational purposes and/or preserved as open space.

All alternate-care housing and/or nursing homes shall be subject to site plan approval.

Alternate-care housing and/or nursing homes shall provide a minimum of two parking spaces for each five beds.

The maximum number of beds per acre shall not exceed 12.

No alternate-care housing or nursing home shall be approved unless connection is made to municipal water and municipal sewer services.

No building shall exceed two stories or 35 feet in height.

Maximum building coverage shall not exceed 10% of total acreage.

Maximum impervious surface coverage shall not exceed 35% of the total gross acreage.

No building shall be constructed within 100 feet of any property line.

One freestanding sign not exceeding 25 square feet shall be permitted within a front yard, and shall be set back not less than 10 feet from any boundary line. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board.

§ 210-92 Off-street parking and loading.

The intent and purpose of these regulations is to provide all structures and land uses within the Town with adequate off-street parking and loading facilities to meet the needs of people employed at or making use of these structures and land uses; further, to ensure that parking facilities are developed and maintained in harmony with the Town character and environment.

Structures and land uses in existence or for which building permits have been approved at the time of adoption of these regulations shall not be subject to the parking or loading space requirements of this section, provided that any parking and loading facilities existing to serve such structures or uses shall not, with the exceptions hereinafter provided, in the future be reduced unless they exceed the requirements of this section.

Any change in use or site plan revision of an existing lot or structure shall require a complete review of parking facilities by the Planning Board. Applicants for change of use or site plan revision shall provide or make provisions for adequate parking facilities according to the standards of this section.

Required parking and loading facilities for the existing uses shall be provided at the time of any enlargement of such existing structures or uses. Parking and loading facilities for such enlargements shall comply with all provisions of these regulations. When a change of use of a building or structure takes place, the new use must meet the applicable off-street parking and loading standards before a certificate of occupancy is issued.

Required off-street parking facilities which, after development, are dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures for which they were originally provided.

Where two or more different uses occur on a single lot, the total amount of parking to be provided shall be the sum of the requirements for each individual use.

The required off-street parking facilities shall be provided on the same lot or premises with the structure or land use they serve, except:

Off-street parking and loading spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that the total amount of parking and loading facilities shall be the sum of the requirements of each individual use.

Unobstructed access to and from a street, so designed as to not require the backing of any vehicle across a sidewalk or a traffic lane, shall be provided for all parking and loading spaces. Such access driveway width shall be consistent with the aisle width of the required parking. In general, such driveways shall be at least 26 feet in width, except where the Planning Board determines that a lesser width is sufficient.

In order to provide maximum efficiency, minimize curb cuts and encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas, now or in the future, via access drives, service roads or pedestrian accessways within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and its heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.

The maximum slope within a parking area shall not exceed 5%.

Backup and maneuvering aisles between rows of parking spaces shall be at least 26 feet wide, except for angled parking which shall be developed to standards meeting the Planning Board's approval.

Within parking lots in nonresidential districts where at least 50 parking spaces are provided for the sole use of employees who use such spaces on a nontransient basis (car parked at least three hours in the same space), up to 25% of these parking spaces may, with the approval of the Zoning Board of Appeals, be designed and reserved for compact cars. Such spaces shall be at least eight feet wide and 15 feet long, shall be grouped in one location on the lot and shall be clearly marked as being reserved for compact cars only.

Required off-street parking facilities shall be maintained as long as the use or structure which the facilities are designed to serve is in existence.

Minimum off-street parking requirements are as follows (the most restrictive requirements shall apply):

Specific zones.

Zone	Required Spaces
All residential districts	2 per dwelling unit
All center and hamlet districts	4 for each 2,000 square feet of building area for a nonresidential use; 1.5 for each residential unit.
Vehicle fueling station [Added 8-4-2021 by L.L. No. 8-2021]	4 for each 1,000 square feet of building area
B-H and B-NH	4 for each 1,000 square feet of building area
B-N	4 for each 1,000 square feet of building area
B-SC	4.5 for each 1,000 square feet of gross leasable floor area
O-R	2.5 for each 1,000 square feet of building area
I-H	1.5 for each 1,000 square feet of building area
I-L	1.5 for each 1,000 square feet of building area
Q	Subject to ZBA determination

Single-use or special use permit parking requirements for all zones.

	Use	Minimum Required Off-Street Parking Spaces
	Bank or credit union	5 for each 1,000 square feet of building area
	Bar	10 for each 1,000 square feet of building area
	Bed-and-breakfast	2, plus 1 per guest room
	Bowling center	4.5 for each bowling lane
	Club, health and fitness	2 for each 1,000 square feet of gross floor area
	Customary home occupation	Subject to ZBA determination
	Fast-food restaurant	10 for each 1,000 square feet of building area
	Funeral home	l for each 1,000 square feet of building area, subject to ZBA determination
	Hospital	1.5 for each patient bed
	Hotel/Motel	1.2 for each room where hotel/motel has a restaurant or lounge; 1 where hotel/motel does not have a restaurant or lounge
	Library	2 for each 1,000 square feet of gross floor area
	Manufacturing	2 for each 1,000 square feet of building area
	Nursing and convalescent homes	1 for each 3 rooms
	Office/Office park	3 for each 1,000 square feet of building area
	Research and development laboratories	1.5 for each 1,000 square feet of building area
	Short-term rental, hosted [Added 5-24-2023 by L.L. No. 4-2023]	1 per guest room in addition to spaces required for the dwelling unit

Off-street loading and unloading facilities. All loading and unloading shall take place entirely on the lot, subject to site plan approval by the Planning Board.

Off-street parking in residential zones. Parking spaces, whether open or enclosed, shall be restricted to the parking of private passenger vehicles and commercial vehicles, subject to the following:

Parking or storage of motor vehicles in the front yard of any property located in a residential district is prohibited, unless said front yard is cross by a duly constructed driveway extending through the front yard to a garage, carport, or properly surfaced parking area located beyond the front yard line. For uses requiring four or fewer parking spaces, said driveway shall not be less than eight feet nor more than 15 feet in width.

Commercial vehicles allowed to park in residential zones as of right shall conform to all of the following:

A gross vehicle weight of 6,500 pounds or less as indicated on a valid state vehicle registration form.

A maximum height from the ground to the highest point of the vehicle of 6 1/2 feet or less.

Shall not have signs, pictures or illustrations attached to and extending upward, downward or outward from any part of the vehicle.

Any advertising or commercial lettering or writing, in whatever form, shall be limited to the two front doors of the vehicle.

The vehicle cannot be a nuisance nor detrimental to the health, welfare or safety of the community. The applicability of this provision shall be determined by the Zoning Board of Appeals.

The Zoning Board of Appeals may issue a special use permit for the parking of one commercial vehicle not permitted as of right in Subsection Q(1), provided that:

The vehicle will only be parked in the residential district during nonbusiness hours.

The vehicle will not generate more than two trips per day to and from the residential lot except if the vehicle is being used in connection with a permitted home occupation.

The vehicle will not create a nuisance nor be a threat to the health, safety and welfare of the community.

Any commercial vehicle not meeting the standards as being able to park as of right or by special use permit is prohibited from parking in residential zones.

All commercial vehicles permitted to park either by right or by special use permit shall be parked behind the front building line of the owner's house when feasible.

Only one commercial vehicle will be allowed to park at each house.

If the Planning Board finds that compliance with the off-street parking requirements herein would have an adverse impact upon the physical environment or visual character of the area, and if the Board also finds that all of the parking otherwise required as set forth above will not be necessary for the anticipated use of the site, the Planning Board may reduce the amount of parking required to be constructed, provided that sufficient usable land is set aside to satisfy the parking requirements in the future should the need for such additional parking arise. The Planning Board shall, as a condition of any approval granted, retain the right to require the owner of the property to construct such additional parking whenever it finds that such parking is needed. If a proposed use is not listed in schedule of off-street parking above, the Planning Board shall use its discretion to determine the amount of parking to be required.

Electric vehicle charging stations. Any site plan for a multifamily residential use that proposes 10 or more dwelling units, or a nonresidential use that proposes 20 or more off-street parking spaces, shall provide for the installation and use of one or more electric vehicle charging stations (EVCS) in accordance with the following:

[Added 8-17-2022 by L.L. No. 7-2022]

Multifamily residential uses shall include at least one non-proprietary EVCS per 10 dwelling units.

Nonresidential uses shall provide at least one Level 2 or Level 3 non-proprietary EVCS for every 20 required off-street parking spaces.

In the event that the Town determines that the applicant has demonstrated good cause, the Town may waive the installation of some or all of the EVCS facilities otherwise required by this subsection. In such case, the Town may require that a sufficient number of spaces be provided with conduit and such other equipment as may be necessary to enable EVCS to be installed in the future with minimal inconvenience or disturbance of parking areas.

An electric vehicle parking space shall be counted when calculating the number of parking spaces required by Subsection O herein.

All EVCS shall comply with the design criteria of § 210-67.1B.

§ 210-93 Parkland reservation and fees.

General provisions.

In reviewing residential site plans, residential subdivisions, and mixed-use residential and nonresidential developments, the Planning Board shall ensure that the park and recreation demands generated by new residential development are addressed in accordance with the provisions of this section.

To the extent that this section is inconsistent with Town Law § 274-a(6) or § 277(4) or any other provision of Article 16 of the Town Law, the provisions of this chapter are expressly intended to and do hereby supersede any such inconsistent provisions.

Reservation of land for public park, playground or recreation purposes.

Land reservation requirement.

Residential developments requiring site plan or subdivision approval. Where the Planning Board determines that suitable land for a park, playground or other recreational purpose exists within the parcel boundaries of a proposed residential development, the Planning Board may require as a condition of site plan or subdivision approval that a portion of the development parcel be reserved for such purpose.

In determining whether or not to require the reservation of land for public park, playground or other recreational purpose, the Planning Board shall be guided by the criteria and procedures set forth below.

Amount of land reservation. In addition to any other provision of Town Law or the Town Code, where the Planning Board has determined that a suitable case exists to require the reservation of parkland for recreation purposes, the Planning Board shall determine the minimum amount of land area to be reserved for park, playground or other recreational purposes within a proposed residential or mixed-use development. In making such a determination, the Planning Board shall be guided by the following schedule. The Planning Board is authorized to use its discretion to adjust the amount of land reserved for parkland based on site conditions, the Board's assessment of demand for recreation land, and the availability of alternative recreation facilities:

[Amended 4-23-2008 by L.L. No. 9-2008]

Unit Type	Amount of Land to be Reserved (square feet per dwelling unit)
Single-family dwelling	1,500
Two-family dwelling	2,500
Multifamily dwelling	1,300

Criteria for land reservation. In determining whether or not to require the reservation of land for public park, playground or recreational purposes, the Planning Board, in its review of residential site plans or subdivisions, shall consider the following factors:

Whether suitable land exists within the parcel boundaries of the proposed development, in terms of its size, shape, and dimensions, to reasonably accommodate a park, playground or other recreation use;

Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology and/or other natural features readily lend themselves to development of the site for active recreation use;

Whether there are state or federal regulatory restrictions that would limit the usefulness of the site for active recreation development;

Whether the site, in terms of its physical characteristics, would provide an attractive and safe area for recreational use;

Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can be provided between the site and surrounding residential areas;

Whether the character of the proposed residential development and that of the surrounding area are compatible with a public park and/or recreational use;

Whether the anticipated population of the proposed residential development, together with the population density of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a park, playground or other recreation facility at the location;

Whether the site is located near or duplicates recreation facilities already provided in the area, particularly those providing the same type of recreation opportunities, including facilities located on public school grounds;

Whether development and long-term maintenance of the site would place an undue burden on the Town Parks and Recreation Department, given other commitments and priorities of that department;

Whether the site contains any unique and significant physical, aesthetic or ecological features that would make it particularly suited for environmental education, trail development, a nature preserve, or other passive recreation use;

Whether reservation of the land is consistent with recommendations contained in the Town Plan and/or the Master Plan for Parks and Recreation in the Town of Poughkeepsie, if any, in effect at the time the development application is made; and

Whether reservation of the land is consistent with the general goals and objectives of the Town Parks and Recreation Department, and the Town Board, with respect to parks and recreation facility development.

Referral required. Prior to making any final determination that land within a proposed residential development will be reserved for park, playground or other recreational purpose, the Planning Board shall first refer the proposal to the Town Board and to the Town Department of Parks and Recreation for review and recommendation. If no response is received by the Planning Board within 30 days of the date of referral, the Planning Board may make a final determination. A referral is not necessary where the Planning Board makes a determination that it will not require the reservation of land within the residential development.

Findings required. Prior to making any final determination that land will be reserved for public park, playground or other recreational purpose, the Planning Board shall make a finding, in accordance with § 274-a(6) or § 277(4) of the New York State Town Law, that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. The finding shall include an analysis of the criteria of Subsection D(1) through D(12) above.

Timing of land reservation. The reservation of park, playground or recreation land shall occur prior to the issuance of the first building permit for any dwelling unit located within the approved residential development.

Satisfaction of land reservation requirement. The land reservation requirement of this section shall be satisfied by:

The presentation to the Town of a metes and bounds description of the site that is proposed to be reserved for public park, playground or recreation purposes; and

The placing of a notation upon the approved plan indicating that the land is so reserved and cannot be further subdivided or built upon except for such purposes; and

The placing of deed restrictions upon the site. Said deed restrictions shall be in a manner and form acceptable to the Town Attorney and shall indicate that the land is reserved for park, playground or recreational purposes, and cannot be further subdivided or built upon except for such purposes. Said deed restrictions shall be filed in the office of the County Clerk, and upon their filing the land so reserved shall become part of the Official Map of the Town of Poughkeepsie.

Fee in lieu of park, playground or recreational land.

Fee in lieu of land reservation. Where the Planning Board does not require the reservation of land for a public park, playground or other recreational purpose, the Planning Board may instead require that a fee in lieu of said land be paid to the Town as a condition of project approval.

Amount of fee. The fee in lieu of land reservation shall be in an amount set by the Town Board.

Findings required. Prior to requiring the payment of a fee in lieu of the reservation of land, the Planning Board shall make a finding, in accordance with § 274-a(6) or § 277(4) of the New York State Town Law, that the proposed residential development presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan or subdivision.

Timing of fee payment. Payment of the fee shall be made to the Town prior to the time the subdivision plat is signed by the Chairman of the Planning Board.

Fees to constitute separate trust fund. All fees collected pursuant to this section shall be placed in a separate trust fund(s) to be established and used by the Town exclusively for the acquisition of public park, playground or recreation land, and/or the improvement of public park and recreation facilities.

§ 210-94 Performance standards.

The intent of the following performance standards is to prohibit any activity or use in any district which is obnoxious, offensive or hazardous by reason of vibration, airborne matter, odor, toxic waste, radiation, electromagnetic interference, fire, explosion, heat, liquid wastes and vehicular traffic.

Vibration.

Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.

Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:

	Vibration Displacement (inches)
Frequency (cycles per second)	Steady-State	Impact
Under 10	0.0005	0.0010
10 to 19	0.0004	0.0008
20 to 29	0.0003	0.0006
30 to 39	0.0002	0.0004
40 and over	0.0001	0.0002

Toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter off the property on which the use is conducted.

Fire and explosive hazard. No storage or manufacture of explosives or solid material or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat under ordinary temperature conditions shall be permitted. This shall not apply to the normal storage of wood or charcoal.

Heat. There shall be no emission of heat which would cause a temperature increase in excess of 5° Fahrenheit along any adjoining lot line, whether such change is in the air, in the ground or in any watercourse or water body.

Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

Vehicular traffic. No nonresidential use shall be permitted where it is determined by the Town that the type and number of vehicle trips the use is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which would interfere with the maintenance of air quality standards established by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction. Such hazards would result from the design or capacity of the state or local highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile source activity.

Prohibited uses. In any district, no manufacturing use, or any trade, industry, use or purpose that does not conform to the performance standards stated herein or is otherwise noxious or offensive by reason of the emission of odor, dust, smoke, toxic or noxious fumes, radiation, gas, noise, vibration or excessive light, or any combination of the above, which is dangerous and prejudicial to the public health, safety and general welfare, shall be permitted, and this includes more specifically, but is not limited to, the following such uses:

	Acetylene gas manufacture for commercial purposes
	Ammonia, chlorine or bleaching powder manufacture
	Arsenals
	Asphalt manufacture or refining
	Blast furnaces, not including cupola or converter furnaces used in foundries in which no wood is used as fuel
	Boiler shops, structural steel fabricating shops, metal-working shops, which operate reciprocating hammers or chisels or other noise-producing electric or pneumatic tools within 100 feet of any boundary line of the premises and outside of any masonry buildings
	Brewing or distilling of liquors
	Bronze and aluminum powder manufacture
	Carbon, lampblack, shoe blacking, graphite or stove polish manufacture
	Celluloid and other cellulose products manufacture
	Cement manufacture
	Coal tar products manufacture
	Creosote treatment or manufacture
	Disinfectant and insecticide manufacture
	Distillation of coal, wood or bones
	Dumps, unless operated or controlled by the municipality
	Excelsior and fiber manufacture
	Explosives, fireworks or match manufacture, assembling or storage in bulk, except the manufacture, assembling and storage in bulk of safety matches in book form
	Fat rendering
	Fertilizer manufacture or potash refining
	Fish smoking or curing
	Glue, size or gelatin manufacture or processing involving recovery from fish or animal offal
	Incinerators, unless operated by the municipality
	Lime, gypsum, cement, plaster or plaster of paris manufacture, except the mixing of plaster
	Linoleum or oil cloth manufacture
	Ore reduction or the smelting of iron, copper, tin, zinc or lead
	Paint, oil, varnish, turpentine, shellac or enamel manufacture, except the mixing of wet paints
	Perfume and extract manufacture
	Petroleum refining
	Poisons manufacture: fumigates, carbon disulphide, hydrocyanic acid, stomach poisons, arsenate of lead, arsenate of calcium, hellebore and paris green, contact insecticides, lime, sulphur, nicotine, kerosene emulsions
	Printing ink manufacture
	Radium extraction
	Storage, coloring, curing, dressing or tanning of raw or green salted hides or skins
	Storage of radioactive materials
	Rubber caoutchouc or gutta-percha manufacture from crude or scrap material, except in connection with a rubber products manufacture plant
	Salt works
	Sandpaper and emery cloth manufacture
	Slaughtering of animals, except for immediate consumption on premises or immediate retail sale
	Soap, soda ash or washing compound manufacture, except products not containing caustic soda
	Starch, glucose or dextrine manufacture
	Stockyards
	Sulphurous, sulphuric, nitric, picric or hydrochloric acid or other corrosive or offensive acid manufacture or their use or storage except on a limited scale as accessory to a permitted industry
	Tallow, grease, lard or candle manufacture or refining
	Tar distillation or the manufacture of aniline dyes
	Tar roofing or waterproofing manufacture, except where the tar or asphalt is treated at a temperature under 100° F.
	Tobacco processing, exclusive of cigar or cigarette manufacture
	Vinegar, pickle or sauerkraut manufacture in bulk
	Wool pulling or scouring, except in connection with a woolen mill
	Yeast manufacture

§ 210-95 Places of religious worship.

Purpose. It is the purpose of this section to permit places of religious worship in the Light Industrial District, and the commercial and business districts and to ensure that they are compatible with the area where they are located.

Requirements.

One parking space shall be provided for every four seats.

Exterior lighting shall be installed as directed by the Planning Board.

No amplifiers or loudspeakers of any type shall be installed outside the building.

The steeple height shall not exceed 50 feet above the height of the building structure.

The building shall be set back from any residential parcel or district a distance equal to 1 1/2 times the total steeple height.

Site plan approval shall be required.

§ 210-96 Public utility structures.

[Amended 5-17-2017 by L.L. No. 6-2017]

Public utility structures shall not contain offices or have any outdoor storage of materials. All such structures shall be subject to conditions as the Planning Board may impose to preserve and protect the character of the neighborhood. No employees will be on site full-time.

The following standards shall apply to any commercial solar energy and any commercial wind energy facility:

There shall be a minimum one-hundred-foot setback between any public utility structure and any property line.

Within 75 feet of any adjoining property line, the setback shall be landscaped or left in a natural undisturbed condition as determined by the Planning Board. Any required landscaping shall consist of a mixture of evergreen and deciduous plantings as determined and approved by the Planning Board.

Roads, pathways, and sidewalks providing access through the setback to the utility structure(s) are permitted subject to Planning Board approval.

Commercial Solar and Wind Energy Utility Setback Requirements

§ 210-97 Recreation, indoor.

Indoor recreational, physical fitness and other recreational facilities not specifically mentioned and clubs, spas and other similar facilities featuring exercise or other active physical conditioning, including accessory uses and services customarily incidental to the main use, but not limited to nonprofit organizations, are permitted under this category, subject to the following:

"Other recreational facilities not specifically mentioned" shall not include an amusement machine complex, as that term is defined in Article II hereof.

No activity allowed by this section as a special permitted use or an accessory use shall authorize the installation, maintenance or operation of or cause to be installed, maintained or operated more than five freestanding, coin-operated electronic video games.

Nothing in this provision shall be construed as authorizing as a special permitted use or accessory use the installation, operation or maintenance of a food service facility commonly referred to as a "lunch room," "restaurant," "coffee shop" or "bar," except that this will not exclude juices, sodas or snacks.

Other recreation facilities or accessory uses shall not be construed to include billiard parlors, and billiard parlors are hereby excluded.

Other recreational facilities shall be limited to include the above-cited items and the following:

	Archery ranges, instruction
	Baseball, instruction
	Basketball courts
	Bridge clubs (nonmembership), instruction
	Firearms training and use
	Golf courses, miniature, subject to § 210-73
	Golf courses, electronic, subject to § 210-73
	Golf driving ranges
	Golf, pitch-n-putt
	Gymnastics, instruction
	Handball courts
	Judo, instruction
	Karate, instruction
	Lifeguard, instruction
	Paintball
	Racquetball courts
	Scuba and skin diving, instruction
	Ski, instruction
	Sports, instruction
	Squash courts
	Swimming, instruction
	Swimming pools
	Tennis courts
	Volleyball courts
	Yoga, instruction

§ 210-98 Recreation, outdoor.

Purpose. It is the intent of the Town of Poughkeepsie to provide alternative uses to residential properties that are subject to flooding. These properties are generally located along the Wappingers Creek and lie within the one-hundred-year floodplain as designated by the Federal Emergency Management Agency maps. Generally, without substantial landfill and/or floodproofing provisions, homes cannot be safely constructed. Further, recreation uses would be more economically and environmentally compatible.

Criteria.

All uses shall be subject to a special use permit and site plan approval.

No amplifiers or loudspeakers of any type shall be installed outside of the building.

Exterior lighting shall be installed as directed by the Planning Board.

District bulk requirements will be applicable except:

All yard setbacks will be at least 100 feet.

Minimum lot size required: five acres.

The recreation use shall take place entirely within the portion of the lot designated floodplain by the FEMA maps.

Property shall have access to a state or county road.

Signs shall not exceed 40 square feet in size.

De minimus recreation use. No permit or site plan review shall be required for an outdoor recreation use that is located in a floodplain area and does not involve any new construction or site work such as grading or removal of vegetation.

§ 210-99 Recycling businesses.

In any district where permitted, junkyards and recycling businesses shall comply with the following provisions:

All such businesses shall be subject to special use permit and site plan approval.

The minimum lot area shall be five acres.

Such businesses shall be screened from adjacent streets and properties in accordance with § 210-80, Landscaping, as well as the conditions established in the site plan approval process.

No items shall be stacked, piled or stored above the height of any screening materials or vegetation.

§ 210-100 Special provisions for Residence, New Hamburg District.

The following special provisions shall apply to the Residence, New Hamburg (R-NH) District:

Criteria applying to special permitted uses. In addition to the criteria set forth in § 210-149, the following criteria shall apply to any special use permit use set forth in § 210-18:

The use shall only take place in a building existing as of January 1, 1988. The floor area of such building may be increased by up to 25% to accommodate the use.

The applicant shall provide evidence that sufficient parking, based on the size and nature of the use, is permanently available on the site or within 200 feet thereof to meet parking demand generated by the use.

The applicant shall provide satisfactory proof that the on-site sewage disposal system is of sufficient capacity to accommodate the proposed use.

External changes to the existing structure shall be the minimum necessary to accommodate the proposed use.

Off-street parking. Off-street parking facilities shall be provided as required in § 210-92.

Screening and landscaping. Parking for more than three cars associated with any use allowed subject to a special use permit shall be screened by a hedge, fence or wall, of a design and material subject to approval by the Planning Board, along the side and rear property line. Such screen shall be at least six feet and no more than eight feet in height and shall be adequate to screen the parking area at all seasons of the year. All required screening shall be maintained throughout the life of any use for which a special use permit is granted.

§ 210-101 Restaurants and fast-food restaurants.

All restaurant and eating establishments shall meet the following additional standards:

Restaurants shall meet the standards of § 210-92, Off-street parking and loading, as well as other applicable regulations.

Off-street parking areas shall be arranged so that vehicles do not obstruct sidewalks or streets while maneuvering into and out of a parking space.

Fast-food establishments. Vehicle stacking lanes for any drive-up service must be adequate so that adjacent sidewalks or streets are not obstructed.

§ 210-102 Outdoor restaurant dining facilities.

[Amended 3-24-2010 by L.L. No. 5-2010]

Purpose. It is the intent of these regulations to provide outdoor sections of restaurants where food and beverages are consumed without compromising the character of the neighborhood. This will be achieved through lighting being reflected away from abutting roadways and adjoining properties and garbage receptacles being available for prompt removal of litter, thus limiting littering and the controlling of objectionable visual and noise intrusion to surrounding property. Outdoor restaurant dining facilities shall be accessory to a restaurant use and shall be subordinate to the main dining area located within a building in which the restaurant use is located.

Criteria. In any district where permitted, the outdoor restaurant dining facility for any restaurant shall comply with the following provisions:

Outdoor trash facilities sufficient to accommodate the maximum number of patrons who will be dining outdoors shall be provided.

The outdoor restaurant dining facility which shall be a concrete or other impervious ground structure on which tables and chairs will be placed, shall be provided.

The outdoor restaurant dining facility shall be an area defined by landscaping and/or a man-made structure, as determined by the Planning Board.

Hours of use shall be between 7:00 a.m. and 11:00 p.m., except in the HRDD where the hours of use shall be between 7:00 a.m. and 12:00 a.m.

[Amended 5-6-2020 by L.L. No. 4-2020]

Parking shall be in accordance with the criteria set for an indoor restaurant within the particular zone.

Any lighting shall be so arranged as to reflect the light away from the adjoining properties and abutting roadways, as determined by the Planning Board.

Outdoor dining areas shall meet the same setbacks as the principal structure or building, except in the HRDD where said setbacks shall be governed by the development master plan and site plan approval pursuant to § 210-30C and D of this chapter.

[Amended 5-6-2020 by L.L. No. 4-2020]

Unless otherwise permitted by Chapter 145 of the Town Code, outdoor music, live performances, or sound amplified from the interior of the principal structure or building shall be prohibited, except in the HRDD where it is permitted until 10:00 p.m., provided that such music or sound is produced from a source that is no less than 150 feet from the nearest residential use in the HRDD, and does not exceed 60 dBA as measured at a distance of 50 feet from the source of the noise. All measurements shall be made on the A-weighted sound level of a sound level meter with a slow response.

[Amended 5-6-2020 by L.L. No. 4-2020; 6-1-2022 by L.L. No. 3-2022]

Unless otherwise permitted by Chapter 145 of the Town Code, the placement, installation, and use of sound amplifiers or public address systems shall be prohibited, except in the HRDD where it is permitted until 10:00 p.m., provided that such music or sound is produced from a source that is no less than 150 feet from the nearest residential use in the HRDD, and does not exceed 60 dBA as measured at a distance of 50 feet from the source of the noise. All measurements shall be made on the A-weighted sound level of a sound level meter with a slow response.

[Amended 5-6-2020 by L.L. No. 4-2020; 6-1-2022 by L.L. No. 3-2022]

In approving any outdoor restaurant dining facility within a mall or a site having shared common areas, the Planning Board shall ensure that safe ingress and egress from the restaurant is provided and shall further ensure that safe pedestrian movement around the facility is adequate.

In approving any outdoor restaurant dining facility, the Planning Board shall ensure that nearby residential districts are appropriately shielded from noise and light from the facility and may require visual and noise mitigation such as walls, fences, landscaping, additional setbacks, etc., as required to provide adequate mitigation.

§ 210-103 Retail store outlets (where goods are manufactured on premises).

Purpose. The intent of this section is to encourage the development of manufacturing businesses that depend in part upon the sale of the manufactured product upon the premises.

Criteria. In any district where permitted, retail store outlets shall comply with the following:

In addition to the required manufacturing parking, there shall be a minimum of four spaces for each 1,000 square feet of area devoted to sales.

There shall be no outside storage of the merchandise relating to the store outlet.

§ 210-104 Sanitary disposal.

No persons shall undertake to construct or renovate any building or structure in the Town of Poughkeepsie without first meeting the requirements for a system or facility for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the Town of Poughkeepsie, the County of Dutchess or any other governmental authority exercising jurisdiction thereof.

§ 210-104.1 Sidewalk seating and tables for patrons.

[Added 7-1-2009 by L.L. No. 26-2009; amended 8-18-2010 by L.L. No. 19-2010]

Purpose. It is the intent of these regulations to allow establishments that serve food and beverages to provide tables and chairs for patron use on the sidewalk at the front entrance to such establishments. The provisions of this section are distinguished from the provisions of § 210-102 since the placement of any tables and chairs is a temporary accessory use and does not include the installation of permanent structures or improvements that would serve to delineate the sidewalk seating area. In addition, the placement of tables and chairs on a public sidewalk is subject to the jurisdiction of the Town, county, state or federal agency that may own the affected right-of-way.

Criteria. In any district where permitted, sidewalk seating and tables for patrons shall comply with the following provisions:

[Amended 5-6-2020 by L.L. No. 4-2020]

Only tables and chairs placed directly on the sidewalk shall be permitted. The use of platforms on which tables and chairs would be placed shall be prohibited, except in the HRDD where platforms shall be permitted subject to site plan approval by the Planning Board. Umbrellas that are supported on a post that is affixed to or supported by tables are also permitted. Freestanding umbrellas shall be prohibited. Additionally, temporary self-supporting dividers (i.e., velvet rope fences, chain or fabric) not exceeding four feet in height measured from the sidewalk grade upward are permitted as required to comply with the New York State Alcohol Control Board requirements for outside service of alcoholic beverages.

The placement or installation of light fixtures, planters, trash receptacles, signs, posts, ropes, signage, service stands, or any other freestanding, self-supported, or permanent fixtures not specifically permitted herein on the sidewalk is prohibited, except in the HRDD where platforms shall be permitted subject to site plan approval by the Planning Board.

Tables, chairs, umbrellas and dividers shall be moveable and shall not be affixed to the ground, the building, or to the sidewalk.

Tables, chairs, umbrellas and dividers shall not be placed on any sidewalk before 7:00 a.m. and shall be removed not later than 10:00 p.m. or the close of business, whichever occurs first, except in the HRDD subject to site plan approval by the Planning Board.

Tables, chairs, umbrellas, dividers and platforms shall be located so as to provide not less than five feet of open sidewalk space for unimpeded pedestrian passage between the curbline and the tables or platforms; the minimum five feet of open sidewalk space shall be measured from the nearer edge of the curb or planted area inward toward the building front. In addition, tables and chairs and platforms shall be located to maintain not less than eight feet of open space from the edge of any designated crosswalk.

The placement of tables, chairs, umbrellas, dividers and platforms at or near the curbline so that pedestrians must pass between the tables, chairs, umbrellas, dividers and platforms and the building front shall be prohibited, except in the HRDD subject to site plan approval by the Planning Board.

All food and beverages shall be dispensed from the interior of the establishment. No outdoor service bar or counter shall be permitted, except in the HRDD provided that said bar or counter is located so as to permit adequate space for pedestrian passage in accordance with Subsection B(5) and (6) herein.

No outdoor music or sound amplified from the interior of the building shall be permitted, except in the HRDD where it is permitted until 10:00 p.m., provided that such music or sound is produced from a source that is no less than 150 feet from the nearest residential use in the HRDD, and does not exceed 60 dBA as measured at a distance of 50 feet from the source of the noise. All measurements shall be made on the A-weighted sound level of a sound level meter with a slow response.

The placement, installation, and use of sound amplifiers or public address systems shall be prohibited, except in the HRDD where it is permitted until 10:00 p.m., provided that such music or sound is produced from a source that is no less than 150 feet from the nearest residential use in the HRDD, and does not exceed 60 dBA as measured at a distance of 50 feet from the source of the noise. All measurements shall be made on the A-weighted sound level of a sound level meter with a slow response.

§ 210-105 Shopping carts.

Purpose. It is the intent of these regulations to keep parking facilities located in the Town of Poughkeepsie functional, safe and to maintain the aesthetic standards of the community. Shopping cart corrals with locking devices minimize the risk of damage resulting from loose shopping carts, the accumulation of shopping carts in designated parking areas and the removal of shopping carts from the designated use area.

Regulation of shopping carts.

Shopping carts that are left outside of a commercial building shall have sufficient corral areas to retain them, either in the designated parking area or in an area adjacent to the building which is so designated.

Shopping carts that are allowed outside the commercial building must have locking devices. The locking devices must be coin-operated or electronic.

[Amended 11-3-2010 by L.L. No. 23-2010]

All shopping cart corrals shall be covered.

Signs will be allowed on exterior corrals. The total signage shall not exceed 12 square feet on each corral. This signage will not be a part of the calculations of the otherwise allowable signage for that site.

All shopping cart corrals, the number and location thereof shall be approved by the Planning Board.

All businesses that use 20 or more shopping carts and allow these carts outside of the store shall conform to this regulation.

Conformance shall occur within two years of the date this regulation takes effect.

Site plan approval. Application for approval of site plan shall have specifications on the number of shopping carts, corral locations, dimensions, number of shopping carts each corral will contain and type of locking device being used. Corral areas placed in parking stalls shall be considered as part of the required parking area.

§ 210-105.1 Short-term rentals.

[Added 5-24-2023 by L.L. No. 4-2023]

Purpose. The purpose of this section is to regulate short-term rentals within the Town of Poughkeepsie in a manner that protects the public health, safety, and welfare.

Definitions. As used in this section, the following words shall have the meanings indicated:

OWNER, SHORT-TERM RENTAL

Any person, partnership, corporation, limited-liability company, trust, governmental entity or other legal entity having a fee interest in the real property to be used as a short-term rental.

PERSON

A natural person; a living human being.

PRIMARY RESIDENCE

The domicile and principal dwelling that a primary resident inhabits and resides in for the majority of a year.

PRIMARY RESIDENT

A person who has a fee ownership in, and inhabits and resides in, a primary residence; however, if title to the property is not held in the name of a person, then the following shall apply: if the property is held in the name of a trust, the person that inhabits the residence must be a grantor or a beneficiary of the trust; if the property is held by an entity other than a trust (corporation, limited-liability company, partnership, etc.), the person that inhabits the residence must be a majority owner of, or have a majority interest in, the entity. Such persons shall be deemed primary residents.

SHORT-TERM RENTAL

A single-family dwelling or portion thereof made available for rent or lease, or otherwise assigned, for an occupancy of fewer than 30 consecutive days. The term "short-term rental" does not include dormitories, hotel or motel rooms, bed-and-breakfast establishments, inns, or boardinghouses as regulated by the Town of Poughkeepsie Zoning Law, and does not include the use of any accessory structure(s) for dwelling purposes. The following are types of short-term rentals:

Hosted short-term rental. A short-term rental where a primary resident is present in the dwelling overnight with their guest(s).

Unhosted short-term rental. A short-term rental where no primary resident is present in the dwelling overnight with their guest(s). There are two types of unhosted short-term rentals:

Unhosted short-term rental, accessory residential use. An unhosted short-term rental in a primary residence.

Unhosted short-term rental, principal commercial use. An unhosted short-term rental that is not a primary residence.

SHORT-TERM RENTAL OWNER

See "owner, short-term rental."

Required approvals. An unhosted short-term rental as a principal commercial use shall be allowed only after the granting of a special use permit by the Town Board. The special use permit shall be renewed annually. It shall be a privilege, not a right, and can be revoked for failing to comply with the provisions herein and in Chapter 168A of the Town Code.

Permit required. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease, or advertise for rent or lease, any property as a short-term rental without first having obtained a short-term rental permit pursuant to Chapter 168A of the Town Code.

Subject to the requirements set forth in this section and in Chapter 168A of the Town Code, short-term rentals shall be permitted as follows:

Hosted and unhosted short-term rentals shall be permitted in any single-family dwelling in all zoning districts within the Town of Poughkeepsie.

A hosted short-term rental and an unhosted short-term rental accessory to a residential use shall be deemed to be an accessory use.

All short-term rentals shall only be permitted in a single-family dwelling.

A short-term rental shall only be permitted within a principal building, not an accessory building.

A short-term rental shall not be permitted on the same lot as an accessory dwelling unit or a home occupation that requires a special use permit pursuant to § 210-74C(2) of this chapter.

§ 210-106 Swimming pool enclosures.

An approved enclosure shall be provided around outdoor swimming pools so that such pools are inaccessible to children. The enclosure may surround either the pool area or the property.

General requirements. Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:

It shall be at least four feet in height and have a maximum vertical clearance to grade of two inches.

Where a picket-type fence is provided, horizontal openings between pickets shall not exceed 3 1/2 inches.

Where a chain link fence is provided, the openings between links shall not exceed 2 3/8 inches.

Enclosures shall be constructed so as not to provide footholds.

Pickets and chain link twists shall extend above the upper horizontal bar.

Such enclosures shall have railing and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts, respectively. The enclosure, fence material or fabric shall be capable of withstanding a concentrated load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching, with the latch handle located within the enclosure and at least 40 inches above grade.

A wall of an existing building is permitted to serve as part of the enclosure under the following conditions:

Windows in the wall shall have a latching device at least 40 inches above the floor.

A swinging door in the wall shall be self-closing and self-latching at least 40 inches above the floor.

A sliding door in the wall shall have a self-latching device at least 40 inches above the floor.

Exemptions.

Any application for a building permit to install a swimming pool or construct an accessory building for a swimming pool shall include a diagram of the proposed fencing. A certificate of occupancy in regard to a swimming pool or accessory building will not be issued unless the area is fenced in accordance with this provision of this chapter.

Aboveground pools with at least 46 inches between pool decking or pool top and adjoining grade are exempt from the requirements of Subsection A, provided that the access ladder or steps are blocked or locked in an approved manner when not intended for use.

A pool less than 24 inches deep is exempt from the requirements of Subsection A.

§ 210-107 Swimming pools, private.

The construction and use of a private swimming pool shall be permitted only where it is clearly incidental and accessory to a principal permitted residential use on the same lot and shall conform to the following requirements:

Such pool shall not be located in any required front yard or in front of the permitted principal use.

Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.

All swimming pools shall be considered structures and shall be set back from side and rear lot lines at least 15 feet.

§ 210-108 Swimming pools, public.

The construction and use of a public swimming pool as a principal permitted use on an individual lot shall conform to an approved site plan which shall address the following requirements:

Minimum lot size shall be 2 1/2 acres.

The principal structure shall be set back 200 feet from the street line.

No public pool shall be constructed within 200 feet of any existing residential structure or 100 feet from any lot line.

Screen plantings shall be established along lot lines where residential uses abut public pools.

The pool areas shall be fully enclosed by a fence at least six feet high but no greater than eight feet high.

The point source of pool lighting shall not be visible from beyond the property line.

Parking shall be provided in accordance with § 210-92.

§ 210-109 Temporary buildings.

Temporary buildings or trailers shall be used for construction or development purposes only. The temporary building shall be removed within 30 days of the completion of a construction or development project or if active construction ceases for six months or longer.

§ 210-109.1 Temporary outdoor dining facilities and sidewalk seating.

[Added 6-17-2020 by L.L. No. 6-2020]

Purpose. These temporary use and occupancy regulations have been adopted by the Town of Poughkeepsie Town Board in response to the COVID-19 crisis in an effort to reduce the health and economic impacts of the crisis on Town residents, visitors, food service employees and food service establishments by encouraging social distancing, walking and the support of local businesses. Temporary outdoor dining and sidewalk seating, as permitted pursuant to these regulations, is intended to provide additional seating space for restaurants whose internal seating capacity has been reduced by social distancing requirements associated with the COVID-19 pandemic. During the time period covered by this section, temporary outdoor dining and sidewalk seating are hereby exempt from site plan or special use permit review as required elsewhere in this chapter. Instead, the following rules and regulations shall apply to such temporary outdoor dining and sidewalk seating.

These regulations apply to:

All Town of Poughkeepsie food service establishments in all zoning districts offering on-site customer seating for food consumption which, on the date of adoption of these regulations, held all required site plan, special use and other permits, certificates and approvals required for their operation.

Property owners and landlords who temporarily lease, sub-lease, license or otherwise authorize the use of their property by food service establishments seeking temporary outdoor dining and/or sidewalk seating.

Application: Food service establishments that wish to provide temporary outdoor dining and sidewalk seating shall apply to do so by submitting an application to the Director of Municipal Development. The prescribed application shall include such data and information as the Director determines to be necessary, including but not limited to:

Contact information for the establishment.

A scale drawing and written description of the area proposed to be permitted, the interior and exterior of the existing food service facility, including pedestrian routing and the layout of the exterior area to be permitted with details showing seating, service areas, spacing, lighting, ingress and egress, enclosure, landscaping, waste disposal, light and noise mitigation, electrical, sanitary and other utility services, and any proposed cover or weather protection.

Written consent from the owner or landlord of the private and public property on which the temporarily permitted facility will be located.

If the facility is to be located on a Town property or right-of-way, an agreement to indemnify, defend and hold the Town of Poughkeepsie harmless from all claims and expense relating to the use and occupancy of the temporarily permitted area together with proof of general liability insurance ($1,000,000 per occurrence and aggregate) naming the Town of Poughkeepsie as additional insured.

Requirements:

Building and Fire Code requirements remain in effect for such uses and any proposed cover or weather protection may require permits from the Building Department.

Combined indoor and outdoor occupancy cannot exceed legal occupancy limit per the certificate of occupancy issued by the Town of Poughkeepsie Building Department.

Outdoor seating must be separated from vehicles and an acceptable barrier must be provided.

The outside time limits of permitted operations shall be 7:00 a.m. to 11:00 p.m., provided that the Director of Municipal Development may determine that more compressed hours are necessary to avoid neighborhood disturbance.

Establishments with temporary outside dining and sidewalk seating are subject to and responsible for compliance with all other local, county, state and federal codes, laws, rules, regulations, and executive orders and guidance, including but not limited to those of the Governor, the New York State Liquor Authority, the Dutchess County Department of Behavioral and Community Health, and the New York State Department of State.

Inspection. Temporary outdoor dining facilities and sidewalk seating may be inspected by the Town's Building and Zoning Code Enforcement personnel at any time. The Town's enforcement personnel may require changes as reasonably necessary at the applicant's site to further the stated goals of advancing public health, welfare, safety and economic restoration. Failure to cure a violation of any requirement of this section, or a required change ordered by the Town's Building or Zoning Code Enforcement personnel, within 10 days of the issuance of a notice to cure shall subject the operator of the establishment, after a hearing to be held within 15 days of the issuance of the notice before the Director of Municipal Development if demanded, to closure of the temporary outdoor dining or sidewalk seating area; provided, however, that if the violation is one which may imminently endanger the public health, safety, or welfare, 10 days notice to cure shall not be required.

Supersession. In adopting this section, particularly as it relates to the authority of the Development Director to issue temporary outdoor dining and sidewalk seating permits, the Town of Poughkeepsie hereby supersedes any inconsistent provision of New York Town Law §§ 274-a(2)(a) and 274-b(2).

This section shall take effect immediately on filing with the Secretary of State and these temporary regulations shall be in effect until October 31, 2022.

[Amended 11-3-2021 by L.L. No. 12-2021]

§ 210-110 Temporary stockpiling of materials.

Loose and/or bulk material that is to be stockpiled for a period of greater than 21 days, other than as shown on an approved site plan or subdivision plan, shall be stored so as to not be visible from adjoining or nearby properties and public roads. After 21 days such materials shall be placed within wholly enclosed structures approved for such use, or shall be screened from view by fencing or landscaping, or a combination of fencing and landscaping. Except for stockpile areas as shown on approved site plans or subdivision plans, the height of stockpiled material shall not exceed 10 feet. In no case shall the height of stockpiled material exceed the height of screening.

§ 210-111 Tennis courts, private.

The construction and use of a private tennis court shall be permitted only where it is incidental and accessory to a principal permitted residential use on the same lot and shall conform to the following requirements:

The tennis court shall not be located in any required front yard or in front of the permitted principal use.

The tennis court shall be considered an accessory use and shall be set back from side and rear lot lines at least 15 feet.

The enclosure fence shall be at least 10 feet high but no greater than 12 feet high.

A building permit is required.

The tennis court may be lighted for night use upon issuance of a special use permit by the Zoning Board of Appeals.

§ 210-111.1 Tobacco stores.

[Added 8-2-2023 by L.L. No. 9-2023]

Purpose. The purpose of this section is to regulate tobacco stores in the interest of the public health, safety and general welfare, while providing a reasonable number of locations for such stores to locate within the Town. The proliferation of tobacco stores in the Town could result in undesirable impacts to the community, including an increased potential for tobacco sales to minors, potential negative aesthetic impacts, and a reduction in property values of residential neighborhoods and businesses in close proximity to such uses.

Required approvals. Notwithstanding any other provision of this chapter to the contrary, tobacco stores shall be allowed only after the granting of a special use permit and site plan approval from the Planning Board, subject to the requirements set forth in this section.

Location standards.

No tobacco store shall be located within 500 feet of any other tobacco store, such distance measured in a straight line from the nearest property line of any other existing tobacco store to the nearest property line of the lot to be occupied by the proposed tobacco store.