[Amended 4-6-2011 by L.L. No. 8-2011; 7-19-2017 by L.L. No. 13-2017; 7-5-2023 by L.L. No. 8-2023; 4-17-2024 by L.L. No. 4-2024; 11-6-2024 by L.L. No. 12-2024; 3-18-2026 by L.L. No. 4-2026]
A. 
District purpose. This district is intended to conserve the more rural land areas within the Town by promoting a balance of open space and low-density, single-family residential uses consistent with natural resource constraints and the conservation, open space, agricultural and farm, recreational, and other land-extensive land use opportunities.
B. 
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
*Animal training, indoor, subject to § 210-52.
(2) 
*Cemeteries, subject to § 210-62.
(3) 
Community residential facility.
(4) 
*Country clubs, subject to § 210-64.
(5) 
Dwellings, single-family.
(6) 
*Family day-care homes, subject to § 210-65.
(7) 
*Golf courses, subject to § 210-73.
(8) 
*Parks.
(9) 
*Places of religious worship, subject to § 210-95.
(10) 
*Playgrounds.
(11) 
*Public utility structures, subject to § 210-96.
C. 
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
(1) 
(Reserved)
(2) 
*Adaptive reuse of existing residential structure for nonresidential use.
(3) 
+Agriculture excluding farm animals, subject to § 210-50.
(4) 
+Agriculture including farm animals, subject to § 210-51.
(5) 
*Animal rescue, subject to § 210-52.
(6) 
*Animal training, outdoor, subject to § 210-52.
(7) 
*Bed-and-breakfast, subject to § 210-55.
(8) 
*Day-care center, subject to § 210-65.
(9) 
*Fraternal clubs, subject to § 210-64.
(10) 
+Home occupations, subject to § 210-74.
(11) 
*Kennels, subject to § 210-52.
(12) 
*Nursery schools, subject to § 210-65.
(13) 
*Recreational clubs, subject to § 210-64.
(14) 
*Recreation, outdoor, subject to § 210-98.
(15) 
*School-age child-care facilities, subject to § 210-65.
(16) 
*Swimming pools (public), subject to § 210-108.
D. 
Accessory uses shall be as follows:
(1) 
Accessory buildings and structures, subject to § 210-48.
(2) 
Swimming pools (private), subject to § 210-107.
(3) 
Temporary buildings for construction purposes, subject to § 210-109.
(4) 
Tennis courts (private), subject to § 210-111.
E. 
The area and bulk regulations for the R-4A District shall be as follows:
Minimum Lot Area
(acres)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Maximum Building Coverage
(%)
Maximum Impervious Surface
(%)
Maximum Height
(feet)
4
200
200
100
50
75
4%
12%
35 or 2.5 stories
(1) 
The minimum front yard, side yard, and rear yard setbacks shall be doubled for all principal nonresidential use structures.
(2) 
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3) 
A major subdivision of previously undeveloped property abutting property developed for residential use shall include a one-hundred-foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction.
F. 
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the R-4A District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas:
(1) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(2) 
For uses involving an adaptive reuse conversion of a residential structure to nonresidential use, the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(3) 
Encourage the use of farmstead design for major subdivisions.
(4) 
Residential development adjacent to a Center, Business, or Commercial District shall provide pedestrian links to said adjacent district(s). When required by the Planning Board sidewalks shall be separated from a street by a tree lawn at least five feet in width and the sidewalks shall also be at least five feet in width. In approving sidewalks, the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively, the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(5) 
The inclusion of recreational and agricultural uses as part of a residential development project is encouraged.
(6) 
Adequate water supply, sewage disposal and transportation infrastructure are required to be provided.
(7) 
The use of cluster subdivision design is required unless the cluster subdivision fails to meet the "Cluster Preference Criteria."
(8) 
The use of through-roads within new subdivisions is required and the use of cul-de-sac roads within new subdivisions is discouraged unless the Planning Board finds that such cul-de-sac road is infeasible or is necessary to protect the public health and safety.
(9) 
To the extent practicable, existing tree rows, hedgerows, stone walls, mature landscaping, natural buffers, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(10) 
To the extent practicable, new streets shall be designed to minimize tree clearing and changes to existing topography.
(11) 
The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use.
(12) 
New buildings adjacent to historic structures and historic districts shall be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape.
(13) 
Off-street parking lots and loading areas shall be screened from adjacent properties by landscaping or fencing.
[Amended 4-6-2011 by L.L. No. 8-2011; 7-19-2017 by L.L. No. 13-2017; 7-5-2023 by L.L. No. 8-2023; 7-5-2023 by L.L. No. 8-2023; 4-17-2024 by L.L. No. 4-2024; 11-6-2024 by L.L. No. 12-2024; 3-18-2026 by L.L. No. 4-2026]
A. 
Purpose. This district is intended to conserve natural and open space adjacent to the more densely developed residential neighborhoods within the Town by promoting a balance of open space and low- to moderate-density, single-family residential uses consistent with the availability of support infrastructure and natural resource constraints. Conservation of natural land and its integration within a system of contiguous open space is a primary objective.
B. 
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
*Animal training, indoor, subject to § 210-52.
(2) 
*Cemeteries, subject to § 210-62.
(3) 
Community residential facility.
(4) 
*Country clubs, subject to § 210-64.
(5) 
Dwellings, single-family.
(6) 
*Family day-care homes, subject to § 210-65.
(7) 
*Golf courses, subject to § 210-73.
(8) 
*Parks.
(9) 
*Places of religious worship, subject to § 210-95.
(10) 
*Playgrounds.
(11) 
*Public utility structures, subject to § 210-96.
C. 
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
(1) 
(Reserved)
(2) 
*Adaptive reuse of existing residential structure for nonresidential use.
(3) 
+Agriculture excluding farm animals, subject to § 210-50.
(4) 
+Agriculture including farm animals, subject to § 210-51.
(5) 
*Animal rescue, subject to § 210-52.
(6) 
*Animal training, outdoor, subject to § 210-52.
(7) 
*Bed-and-breakfast, subject to § 210-55.
(8) 
*Day-care center, subject to § 210-65.
(9) 
*Fraternal clubs, subject to § 210-64.
(10) 
+Home occupations, subject to § 210-74.
(11) 
*Kennels, subject to § 210-52.
(12) 
*Nursery schools, subject to § 210-65.
(13) 
*Recreational clubs, subject to § 210-64.
(14) 
*Recreation, outdoor, subject to § 210-98.
(15) 
*School-age child-care facilities, subject to § 210-65.
(16) 
*Swimming pools (public), subject to § 210-108.
D. 
Accessory uses shall be as follows:
(1) 
Accessory buildings and structures, subject to § 210-48.
(2) 
Swimming pools (private), subject to § 210-107.
(3) 
Temporary buildings for construction purposes, subject to § 210-109.
(4) 
Tennis courts (private), subject to § 210-111.
E. 
The area and bulk regulations for the R-2A District shall be as follows:
Minimum Lot Area
(acres)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Maximum Building Coverage
(%)
Maximum Impervious Surface
(%)
Maximum Height
(feet)
2
125
125
65
40
55
5%
15%
35 or 2.5 stories
(1) 
The minimum front yard, side yard, and rear yard setbacks shall be doubled for all principal nonresidential use structures.
(2) 
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3) 
A major subdivision of previously undeveloped property abutting property developed for residential use shall include a one-hundred-foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction.
F. 
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the R-2A District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas:
(1) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(2) 
Residential development adjacent to a Center, Hamlet, Business, or Commercial District shall provide pedestrian links to said adjacent district(s). When required by the Planning Board, sidewalks shall be separated from a street by a tree lawn at least five feet in width and the sidewalks shall also be at least five feet in width.
(3) 
For uses involving an adaptive reuse conversion of a residential structure to nonresidential use, the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(4) 
Adequate water supply, sewage disposal and transportation infrastructure is required to be provided.
(5) 
The use of cluster subdivision design is required unless the cluster subdivision fails to meet the "Cluster Preference Criteria."
(6) 
To the extent practicable, existing tree rows, hedgerows, stone walls, mature landscaping, natural buffers, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(7) 
To the extent practicable, new streets shall be designed to minimize tree clearing and changes to existing topography.
(8) 
The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use.
(9) 
New buildings adjacent to historic structures and historic districts shall be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape.
[Amended 4-6-2011 by L.L. No. 8-2011; 7-19-2017 by L.L. No. 13-2017; 7-5-2023 by L.L. No. 8-2023; 7-5-2023 by L.L. No. 8-2023; 4-17-2024 by L.L. No. 4-2024; 11-6-2024 by L.L. No. 12-2024; 3-18-2026 by L.L. No. 4-2026]
A. 
Purpose. This district is intended to conserve natural and open space adjacent to the more densely developed residential neighborhoods within the Town by promoting a balance of open space and moderate-density, single-family residential uses consistent with the availability of support infrastructure and natural resource constraints. Conservation of natural land and its integration within a system of contiguous open space is a primary objective.
B. 
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
*Animal training, indoor, subject to § 210-52.
(2) 
*Cemeteries, subject to § 210-62.
(3) 
Community residential facility.
(4) 
*Country clubs, subject to § 210-64.
(5) 
Dwellings, single-family.
(6) 
*Family day-care homes, subject to § 210-65.
(7) 
*Golf courses, subject to § 210-73.
(8) 
*Parks.
(9) 
*Places of religious worship, subject to § 210-95.
(10) 
*Playgrounds.
(11) 
*Public utility structures, subject to § 210-96.
C. 
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
(1) 
(Reserved)
(2) 
+Agriculture excluding farm animals, subject to § 210-50.
(3) 
+Agriculture including farm animals, subject to § 210-51.
(4) 
*Animal rescue, subject to § 210-52.
(5) 
*Animal training, outdoor, subject to § 210-52.
(6) 
*Bed-and-breakfast, subject to § 210-55.
(7) 
*Day-care centers, subject to § 210-65.
(8) 
*Fraternal clubs, subject to § 210-64.
(9) 
+Home occupations, subject to § 210-74.
(10) 
*Kennels, subject to § 210-52.
(11) 
*Nursery schools, subject to § 210-65.
(12) 
*Recreational clubs, subject to § 210-64.
(13) 
*Recreation, outdoor, subject to § 210-98.
(14) 
*School-age child-care facilities, subject to § 210-65.
(15) 
*Swimming pools (public), subject to § 210-108.
D. 
Accessory uses shall be as follows:
(1) 
Accessory buildings and structures, subject to § 210-48.
(2) 
Swimming pools (private), subject to § 210-107.
(3) 
Temporary buildings for construction purposes, subject to § 210-109.
(4) 
Tennis courts (private), subject to § 210-111.
E. 
The area and bulk regulations for the R-1.5A District shall be as follows:
Minimum Lot Area
(acres)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Maximum Building Coverage
(%)
Maximum Impervious Surface
(%)
Maximum Height
(feet)
1 1/2 (1.5)
100
100
55
30
45
5%
15%
35 or 2.5 stories
(1) 
The minimum front yard, side yard, and rear yard setbacks shall be doubled for all principal nonresidential use structures.
(2) 
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3) 
A major subdivision of previously undeveloped property abutting property developed for residential use shall include a one-hundred-foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction.
F. 
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the R-1.5A District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas:
(1) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(2) 
Residential development adjacent to a Center, Business, or Commercial District shall provide pedestrian links to said adjacent district(s). When required by the Planning Board, sidewalks shall be separated from a street by a tree lawn at least five feet in width and the sidewalks shall also be at least five feet in width.
(3) 
For uses involving an adaptive reuse conversion of a residential structure to nonresidential use, the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
(4) 
Adequate water supply, sewage disposal and transportation infrastructure is required to be provided.
(5) 
The use of cluster subdivision design is required unless the cluster subdivision fails to meet the "Cluster Preference Criteria."
(6) 
To the extent practicable, existing tree rows, hedgerows, stone walls, mature landscaping, natural buffers, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(7) 
To the extent practicable, new streets shall be designed to minimize tree clearing and changes to existing topography.
(8) 
The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use.
(9) 
New buildings adjacent to historic structures and historic districts shall be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape.
[Amended 4-6-2011 by L.L. No. 8-2011; 7-24-2013 by L.L. No. 11-2013; 7-19-2017 by L.L. No. 13-2017; 7-5-2023 by L.L. No. 8-2023; 7-5-2023 by L.L. No. 8-2023; 4-17-2024 by L.L. No. 4-2024; 11-6-2024 by L.L. No. 12-2024; 3-18-2026 by L.L. No. 4-2026]
A. 
Purpose. This district recognizes and is intended to preserve the principally single-family residential development pattern within the Town's established neighborhoods by promoting continuing opportunity for single-family residential and smaller-scale community facility uses within these neighborhoods consistent with their established character. To the extent undeveloped land within this district is available for major subdivision, the use of open space preservation techniques such as clustering of homes is encouraged in order to establish links to existing open space areas.
B. 
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
*Animal training, indoor, subject to § 210-52.
(2) 
*Cemeteries, no crematorium, subject to § 210-62.
(3) 
Community residential facility.
(4) 
*Country clubs, subject to § 210-64.
(5) 
Dwellings, single-family.
(6) 
*Family day-care homes, subject to § 210-65.
(7) 
*Golf courses, subject to § 210-73.
(8) 
*Libraries.
(9) 
*Museums.
(10) 
*Parks.
(11) 
*Places of religious worship, subject to § 210-95.
(12) 
*Playgrounds.
(13) 
*Public utility structures, subject to § 210-96.
(14) 
*Schools.
C. 
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
(1) 
(Reserved)
(2) 
+Agriculture excluding farm animals, subject to § 210-50.
(3) 
+Agriculture including farm animals, subject to § 210-51.
(4) 
*Animal rescue, subject to § 210-52.
(5) 
*Animal training, outdoor, subject to § 210-52.
(6) 
*Bed-and-breakfast, subject to § 210-55.
(7) 
*Day-care center, subject to § 210-65.
(8) 
*Fraternal clubs, subject to § 210-64.
(9) 
+Home occupations, subject to § 210-74.
(10) 
*Kennels, subject to § 210-52.
(11) 
*Nursery schools, subject to § 210-65.
(12) 
*Nursing homes and alternate care housing, subject to § 210-91.
(13) 
*Recreational clubs, subject to § 210-64.
(14) 
*Recreation, outdoor, subject to § 210-98.
(15) 
*School-age child-care facilities, subject to § 210-65.
(16) 
*Swimming pools (public), subject to § 210-108.
D. 
Accessory uses shall be as follows:
(1) 
Accessory buildings and structures, subject to § 210-48.
(2) 
Swimming pools (private), subject to § 210-107.
(3) 
Temporary buildings for construction purposes, subject to § 210-109.
(4) 
Tennis courts (private), subject to § 210-111.
E. 
The area and bulk regulations for the R-20,000 District shall be as follows:
Minimum Lot Area
(square feet)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Maximum Building Coverage
(%)
Maximum Impervious Surface
(%)
Maximum Height
(feet)
20,000*
100
100
30
20
30
25
35
35 or 2.5 stories
NOTES:
*
For lots served by both central sewage treatment and central water supply facilities. For lots not served by a central sewage treatment system, the minimum lot size shall be one acre. For lots not served by central sewage treatment and central water supply facilities, the minimum lot size shall be 1 1/2 acres.
(1) 
The minimum front yard, side yard, and rear yard setbacks shall be doubled for all principal nonresidential use structures.
(2) 
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3) 
A major subdivision of previously undeveloped property abutting property developed for residential use shall include a one-hundred-foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction.
F. 
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the R-20,000 District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas:
(1) 
Adequate water supply, sewage disposal and transportation infrastructure is required to be provided.
(2) 
The use of cluster subdivision design is required unless the cluster subdivision fails to meet the "Cluster Preference Criteria."
(3) 
Sidewalks of at least five feet in width shall be provided along any street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least five feet in width. In approving sidewalks, the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively, the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(4) 
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(5) 
The use of through-roads within new subdivisions is encouraged and the use of cul-de-sac roads within new subdivisions is discouraged unless the Planning Board finds that such cul-de-sac road is infeasible or is necessary to protect the public health and safety.
(6) 
The adaptive reuse of structures shall be performed in such a way so as to complement the character of the existing neighborhood.
(7) 
The development of public parks, athletic facilities, educational amenities and other low-density uses that require large acreage is be encouraged.
(8) 
To the extent practicable, existing tree rows, hedgerows, stone walls, mature landscaping, natural buffers, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(9) 
The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use.
(10) 
On-street parking shall be discouraged with nonresidential uses.
(11) 
Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
(12) 
Where practicable, new buildings adjacent to existing structures shall be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(13) 
New or in-fill buildings shall be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.
[Amended 4-6-2011 by L.L. No. 8-2011; 7-24-2013 by L.L. No. 11-2013; 7-19-2017 by L.L. No. 13-2017; 4-17-2024 by L.L. No. 4-2024; 3-18-2026 by L.L. No. 4-2026]
A. 
Purpose. The district recognizes established areas of higher-density multifamily development and is intended to promote low- to mid-rise multiunit residential development in those locations.
B. 
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
Community residential facility.
(2) 
*Dwellings, multifamily.
(3) 
*Dwellings, two-family.
(4) 
Dwellings, single-family.
(5) 
*Family day-care homes, subject to § 210-65.
(6) 
*Hospitals.
(7) 
*Nursing homes and alternate care housing, subject to § 210-91.
(8) 
*Parks.
(9) 
*Playgrounds.
(10) 
*Public utility structures, subject to § 210-96.
C. 
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
(1) 
+Agriculture excluding farm animals, subject to § 210-50.
(2) 
+Agriculture including farm animals, subject to § 210-51.
(3) 
*Day-care centers, subject to § 210-65.
(4) 
+Home occupations, subject to § 210-74.
(5) 
*Nursery schools, subject to § 210-65.
(6) 
*School-age child-care facilities, subject to § 210-65.
(7) 
*Swimming pools (public), subject to § 210-108.
D. 
Accessory uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
Accessory buildings and structures, subject to § 210-48.
(2) 
*Recreation areas for a multifamily complex.
(3) 
*Swimming pools (multifamily), subject to § 210-108.
(4) 
Swimming pools (private), subject to § 210-107.
(5) 
Temporary buildings for construction purposes, subject to § 210-109.
(6) 
*Tennis courts (private), subject to § 210-111.
E. 
The area and bulk regulations for the R-M District shall be as follows:
Use
Mini–
mum
Lot Area
(square feet)
Mini–
mum
Lot Frontage
(feet)
Mini–
mum
Lot Width
(feet)
Mini–
mum
Front Yard
(feet)
Mini-
mum
Side Yards,d,e Side
(feet)
Mini-
mum
Rear Yard
(feet)
Maxi-
mum
Building Coverage
(%)
Maxi-
mum
Impervious Surface
(%)
Maxi-
mum
Height
(feet)h
Mini-
mum
Landscaped Area
(%)
Single-family
10,000
85
85
30b
10 and 10c
50
25
40
35 or 2.5 stories
20
Two-family
10,000
85
85
30b
10 and 10
50
25
40
35 or 2.5 stories
25
Multi-familya
7,260/ dwelling unit
200
200
30b
20 and 20
40
25
40
40 or 3 stories
35g
NOTES:
a
Distance between buildings. For multifamily dwellings in more than one structure, the distance between a main building and a one-story accessory building shall not be less than 20 feet; the distance between any two other buildings shall be equal to the average height of such buildings at the points where they are nearest one another.
b
Front yard exceptions. In an area where the average existing front yard setback is less than 30 feet, a single-family dwelling or multifamily structure may be erected less than 30 feet from the street line, provided that no building or part thereof shall be erected nearer to any street line than the average alignment of existing buildings within 200 feet on each side of the lot.
c
Side yard exceptions. In the case of a single-family dwelling erected without a garage, one side yard shall not be less than 25 feet wide. The applicant shall decide which side yard shall have the required dimension.
d
Parking. In the case of multifamily dwelling(s), no required parking facilities shall be located within 30 feet of any street line or within 20 feet of any property line.
e
Yard requirements for buildings other than dwellings. In the case of all buildings other than dwellings and accessory buildings, the yard requirements shall be not less than 50 feet except where otherwise stated in Article VIII, Supplementary Regulations.
g
Minimum landscaped area. At least 35% of the lot area of a multifamily development shall be covered by landscaping in compliance with §210-80, Landscaping.
h
Height requirements for buildings other than dwellings. In the case of all buildings other than dwellings and accessory buildings, the maximum height shall not exceed 40 feet or three stories.
i
For lots served by both central sewage treatment and central water supply facilities. For lots not served by a central sewage treatment system, the minimum lot size shall be one acre. For lots not served by central sewage treatment and central water supply facilities, the minimum lot size shall be 1 1/2 acres.
(1) 
The minimum front yard, side yard, and rear yard setbacks shall be doubled for all principal nonresidential use structures.
(2) 
Development of previously undeveloped property abutting property developed for residential use shall include a fifty-foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction.
F. 
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the R-M District. The Planning Board shall use its discretion as to the applicability of these guidelines to redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas:
(1) 
Sidewalks of not less than five feet in width shall be provided along any street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn not less than five feet in width. In approving sidewalks, the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively, the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(2) 
Off-street parking should be located at the side or rear of buildings.
(3) 
The incorporation of small, landscaped front yards is encouraged.
(4) 
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(5) 
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(6) 
Cross-easements should be used to provide shared access to parking and driveways whenever possible.
(7) 
Off-street parking lot and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
[Amended 4-6-2011 by L.L. No. 8-2011; 7-19-2017 by L.L. No. 13-2017; 4-17-2024 by L.L. No. 4-2024; 11-6-2024 by L.L. No. 12-2024; 3-18-2026 by L.L. No. 4-2026]
A. 
Purpose. The purpose of this district is to maintain and preserve the traditional mixture of residential, business and water-related uses in the hamlet and to preserve the historic character of structures and uses.
B. 
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
*Boat and marine sales, subject to § 210-56.
(2) 
Community residential facility.
(3) 
Dwellings, single-family.
(4) 
*Dwellings, two family
(5) 
*Family day-care homes, subject to § 210-65.
(6) 
*Marinas, subject to § 210-82.
(7) 
*Museums.
(8) 
*Offices.
(9) 
*Parks.
(10) 
*Personal service businesses, not including laundromats.
(11) 
*Places of religious worship, subject to § 210-95.
(12) 
*Playgrounds.
(13) 
*Water-dependent, waterfront recreation facilities, including boat or yacht clubs.
C. 
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
(1) 
(Reserved)
(2) 
*Adaptive reuse of existing residential structure for nonresidential use.
(3) 
*Art gallery.
(4) 
*Bed-and-breakfast, subject to § 210-55.
(5) 
*Clubs, fraternal, subject to § 210-64.
(6) 
*Funeral homes, subject to § 210-71.
(7) 
*Grocery store, drugstore, hardware store or similar facility providing goods primarily to the immediate neighborhood.
(8) 
+Home occupations, subject to § 210-74.
(9) 
*Railroad or bus station.
D. 
Accessory uses shall be as follows:
(1) 
Accessory buildings and structures, subject to § 210-48.
(2) 
Swimming pools (private), subject to § 210-107.
(3) 
Temporary buildings for construction purposes, subject to § 210-109.
E. 
The area and bulk regulations for the R-NH District shall be as follows:
Use
Mini- mum Lot Area
(square feet)
Mini- mum Lot Frontage
(feet)
Mini- mum Lot Width
(feet)
Mini- mum Front Yarda
(feet)
Mini- mum Yard Side
(feet)
Mini- mum Rear Yard
(feet)
Maxi- mum Building Cover- age
(%)
Maxi- mum Imper- vious Surface
(%)
Maxi- mum Height
(feet)
Single-family, two-family and nonresi- dential
6,000
40
40
30a
5 and 10
30
25%
75%
35 or 2.5 stories
NOTE:
a
Front yard exceptions. In an area where the average existing front yard setback is less than 30 feet, a structure may be erected less than 30 feet from the street line, provided that no building or part thereof shall be erected nearer to any street line than the average alignment of existing buildings within 200 feet on each side of the lot.
A. 
Purpose. In order to achieve a balanced residential community, a variety of housing accommodations must be provided. This section provides for areas in which mobile homes are to be concentrated at a medium-high density. The R-MH Mobile Home District is intended to be located in areas where community facilities and utilities, the transportation network and the availability of shopping and office facilities are appropriate to the density.
B. 
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
(1) 
*Nursery schools, subject to § 210-65.
(2) 
*School-age child-care facilities, subject to § 210-65.
(3) 
*Mobile home parks and mobile home park subdivisions, subject to § 210-83 and § 210-84.
C. 
Accessory uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1) 
*Accessory buildings and structures, subject to § 210-48.
(2) 
*Bus passenger shelters.
(3) 
*Recreation areas for a mobile home park or mobile home park subdivision.
(4) 
*Swimming pools (private), subject to § 210-107.
(5) 
Temporary buildings for construction purposes, subject to § 210-109.
(6) 
*Tennis courts (private), subject to § 210-111.
D. 
The area and bulk regulations for the R-MH District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
Use
Minimum Lot Area
(square feet)
Minimum Frontage
(feet)
Minimum Lot Width
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Minimum Develop- ment Lot Line
(feet)
Mobile home parks and mobile home park subdivisions
6,000a
15
15
15b
10
10
30
NOTES:
a
Single-wide mobile homes may be placed on lots of 5,000 square feet.
b
No mobile home shall be placed within 15 feet of any access road.
(1) 
Development of previously undeveloped property abutting property developed for residential use shall include a fifty-foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than 25 feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction.
[Added 9-24-2008 by L.L. No. 20-2008; amended 8-3-2011 by L.L. No. 17-2011; 3-7-2012 by L.L. No. 2-2012; 12-4-2013 by L.L. No. 21-2013; 3-18-2026 by L.L. No. 4-2026]
A. 
District purpose. This overlay district is to encourage the provision of housing opportunities for elderly residents who do not require nursing or alternate care housing. Such housing may include senior housing-age restricted, senior housing-assisted living facility, or a combination of both, and would be located in appropriate business and commercially zoned areas that would benefit from mixed-use development. As determined by the Town Board, the inclusion of subsidized and unsubsidized age-restricted multifamily residential development would be compatible with and complementary to office and business uses which may be developed from a single parcel of land or from land accumulated for contemporaneous development of residential and nonresidential uses (collectively the "parent parcel"). A Senior Housing Overlay District designation may be permitted, at the sole discretion of the Town Board as a Zoning Map amendment subject to such additional terms and conditions as the Town Board may require, for parcels at locations within the: i) Highway Business (BH) District; or ii) the Office Research (OR) District; or iii) Residence, Multifamily (R-M) District which meet the general requirements and design criteria set forth herein.
B. 
General requirements. An application for a Senior Housing Overlay District designation shall be subject to the following general requirements:
(1) 
Location. A Senior Housing Overlay District designation shall only be permitted as an overlay district for property located within the Highway Business (B-H) District, or the Office Research (OR) District, or the Residence, Multifamily (R-M) District.
(2) 
Minimum land area. To qualify for SHOD designation, the minimum land area of the parent parcel shall be no less than five contiguous acres of land.
(3) 
Minimum lot frontage. The minimum lot frontage of the parent parcel shall be no less than 350 feet of continuous frontage on a New York State Highway. The minimum lot frontage requirement may also be satisfied by the lot frontage of another lot or combination of other lots where all of the lots are part of an approved business park development and where each of the lots are included in a reciprocal easement agreement or covenant whereby the primary access to all of the lots is from a shared access road or driveway at the state highway. Said access shall be capable of being used, or improved for use, as the primary ingress and egress to the proposed senior residence development.
(4) 
Services. The site shall, in the opinion of the Town Board, be conveniently located with respect to retail, medical and public transportation services.
(5) 
Utilities. The site must be served by Town central sewage disposal and water supply facilities of sufficient capacity to service the proposed development. Unless determined to be infeasible by the Planning Board, all utilities, including electric and communications lines shall be installed underground.
C. 
Site plan approval. The development of any Senior Housing Overlay District project (herein "SHOD Project") is subject to site plan and/or subdivision approval by the Planning Board after Town Board approval of the Senior Housing Overlay District.
D. 
Design criteria. The following design criteria shall apply to any SHOD project.
(1) 
Area and bulk requirements for any lot subdivided as part of a SHOD project. In the event of such subdivision as is set forth herein, the dimensional, area, and setbacks requirements of this chapter shall not be applicable as between the individual subdivided SHOD parcels, but shall be maintained as to perimeter setbacks applicable to the parent parcel at the boundary with adjacent parcels of land that are not part of the SHOD project being built within the parent parcel. The overall mixed-use project in a Senior Housing Overlay District, disregarding the individual lot lines created by the subdivision, shall otherwise comply with the dimensional, area, setbacks and parking requirements of this chapter, provided that no part of any building shall be closer than 15 feet to any other building or property line within such subdivided parent parcel.
Minimum Lot Area
(acres)
Minimum Lot Frontage
(feet)
Minimum Lot Width
(feet)
Minimum Lot Depth
(feet)
Minimum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
Maximum Height
(feet)
2
50
150
150
50
50
50
105 feet or 7 stories1
NOTES:
1For projects that incorporate parking within no less than 70% of the ground (i.e., 1st) floor area of any building, the height limitation may be increased by 15 feet or 1 story.
(2) 
Maximum building coverage and impervious surface for any development on any lot shall be as follows:
(a) 
Maximum building coverage shall be 25%.
(b) 
Maximum impervious surface coverage shall be 75%.
(3) 
Maximum residential density.
(a) 
Ten dwelling units per acre. As an incentive for development of commercial non-retail space, this density shall be increased as follows:
[1] 
For each 10,000 gross square feet of nonresidential non-retail building area, 2.5 additional dwelling units per acre computed on the total parent parcel.
[2] 
The total dwelling units per acre for any development project, including the base dwelling units and any incentive dwelling units, shall not exceed 22 dwelling units per acre computed on the total parent parcel.
[3] 
Where the Town Board approves an increase in the residential density in accordance with this section, the Board shall require the filing of a covenant or such other document as may be required by the Director of Municipal Development and approved by the Town Attorney to ensure that the nonresidential non-retail building portion of the development is not later converted to a residential or a retail use; provided, however, that such restriction may be modified by subsequent approval of the Town Board upon application or request for such modification, or as may otherwise be changed by Zoning Law amendment or other local law adopted by the Town Board of the Town of Poughkeepsie.
(4) 
Parking. Minimum parking shall be provided at a ratio of 1.0 spaces per dwelling unit or such other ratio as may be approved by the Town Board. Parking for any nonresidential portion of any development shall be established by the Planning Board pursuant to § 210-92 of the Town Code. For the purpose of enhancing design flexibility, including the enhancement of the visual appearance of a mixed-use project in a Senior Housing Overlay District, 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 parking on any part of the parent parcel may be used to meet the parking requirements for any other components of a mixed-use project.
(5) 
Accessory uses. Subject to Town Board approval and such other limitations the Town Board may approve, up to 15% of the gross floor area of the principal SHOD structure may include the following as accessory uses, provided such uses are located within the principal SHOD structure.
(a) 
Bakery, retail.
(b) 
Bank or financial services, no drive-in or drive-through.
(c) 
Personal service business, no drive-in or drive-through.
(d) 
Restaurant, no drive in or drive-through.
(e) 
Retail business, use, store or shop.
(f) 
Service business, no drive-in or drive-through.
(6) 
Landscaping and landscaped buffer area. Not less than 25% of the total gross lot area shall be landscaped in accordance with § 210-80. As part of the required landscaping, a landscaped buffer area of not less than 30 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, and not less than 5% of the interior (i.e., non-perimeter) area of any parking lot shall be landscaped. Roads, pathways, and sidewalks providing access through a buffer are permitted. The minimum landscaped area required in this subsection 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. All setbacks shall be computed for the parent parcel.
(7) 
Sidewalks. Where required sidewalks shall be six feet wide and provide circulation between principal structures and accessory uses and adjacent properties as deemed appropriate by the Planning Board.
(8) 
Lighting. Lighting shall be in accordance with § 210-81 and the standards for residential district lighting in § 210-81D.
(9) 
Signage. Signs shall be in accordance with § 210-125.
(10) 
Architectural consistency. All principal buildings shall be architecturally designed to be consistent with the Town of Poughkeepsie guidelines to the maximum extent possible. Compliance with all architectural standards shall be subject to Planning Board review and approval in accordance with § 210-152A(10).
E. 
Procedure. The review and approval of an application for a Senior Housing Overlay District designation shall be as follows:
(1) 
Town Board review. An application for a Senior Housing Overlay District designation shall be submitted to the Town Board. Upon receipt of an application, the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered, and shall refer the application to the Planning Board 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.
(2) 
Planning Board review. Within 62 days of receipt of the application from the Town Board, the Planning Board shall make a recommendation to the Town Board as to whether, in the opinion of the Planning Board, the application supports a Senior Housing Overlay District designation. The applicant or the applicant's representatives shall be present at the meetings of the Planning Board at which the application is to be considered. Failure of the Planning Board to provide a recommendation within the specified time shall be deemed a recommendation to approve the application.
(3) 
SEQRA review. No application for a Senior Housing Overlay District designation shall be complete until a lead agency is established, and a negative declaration has been issued or a draft environmental impact statement has been accepted as complete by the lead agency as satisfactory with respect to scope, content and adequacy.
(4) 
Town Board action. Within 62 days of receipt of a complete application, the Town Board shall hold a public hearing on the application for a Senior Housing Overlay District designation. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for the public hearing. A public hearing on the application shall also be coordinated with any public hearing on a draft environmental impact statement. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a Senior Housing Overlay District designation is under consideration by the Board. All notices shall include the name of the application, the location of the site requested for designation, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. Within 62 days of the close of the public hearing the Town Board shall act to approve or disapprove the request for a Senior Housing Overlay District designation. The time within which the Board must render its decision may be extended for such additional time as the Board may deem reasonable or necessary to render a decision. The failure of the Board to take action within 62 days of the close of the public hearing, or within such additional time period as may be agreed to or established by the Board shall not result, and shall not be construed to result, in a default approval of the application. The Board may, if it feels necessary to fully protect the public health, safety and welfare of the community, attach to the designation any reasonable conditions or requirements for the applicant to meet. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.
(5) 
Site plan approval. Site plan review and approval by the Planning Board as provided in Article XIII of this chapter shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(6) 
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved subdivision plat shall also require resubdivision approval. A mixed-use project in a Senior Housing Overlay District 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 mixed-use project in a Senior Housing Overlay District exists, function as one integrated parcel for ingress and egress, parking, internal circulation, water service, drainage, sanitary sewage disposal, and storm sewers.
(7) 
Conformity with district designation required. The Planning Board shall not approve any site plan and/or subdivision that is not in substantial conformance with the Senior Housing Overlay District designation granted by the Town Board or with any conditions imposed upon such designation.
F. 
Time limits. If construction work on the proposed senior housing development is not commenced within the later of three years from the date of the Town Board approval of the Senior Housing Overlay District or within three years from the date of Planning Board site plan and/or subdivision approvals, and completed within three years of the date of such commencement, then the SHOD designation shall be null and void and all rights and approvals and permits therein shall terminate unless the Town Board, for good cause, authorizes an extension of the overlay district approval. For purposes of this section, the commencement of construction shall be measured from the date a building permit is issued by the Town of Poughkeepsie. Additionally, and for purposes of this section, the completion of construction shall be the date on which a certificate of occupancy is issued by the Town of Poughkeepsie.
[Added 9-18-2013 by L.L. No. 17-2013; amended 4-17-2024 by L.L. No. 4-2024; 3-18-2026 by L.L. No. 4-2026]
A. 
District purpose. This overlay district is to encourage the provision of housing opportunities for working individuals, couples, families, and seniors as part of a multiple unit development. The PROD regulations are intended to facilitate development of designated areas for residential and residential mixed use by permitting greater flexibility and, encouraging creative and imaginative designs for the development of such areas than is typically possible under conventional zoning or subdivision regulations. These regulations are further intended to promote the economical and efficient use of land while providing a harmonious variety of housing choices, a higher level of amenities, and preservation of open space. As determined by the Town Board, the inclusion of multifamily residential development on designated sites is compatible with and complementary to certain residential and nonresidential district uses which may be developed from a single parcel of land or from land accumulated for contemporaneous development of residential and nonresidential uses (collectively the "parent parcel").
B. 
General requirements. A Planned Residential Overlay District designation may be permitted, at the sole discretion of the Town Board as a Zoning Map amendment subject to such additional terms and conditions as the Town Board may require, on property located within the following zoning districts:
(1) 
Residence, Mobile Home (R-MH) District; and
(2) 
Fairview Center (FC) District; and
(3) 
Salt Point Center (SPC) District; and
(4) 
Historic Revitalization Development District (HRDD); and
(5) 
Light Industrial (I-L) District; and
(6) 
Heavy Industrial (H-L) District.
C. 
Planned residential developments shall relate harmoniously to the topography of the site, shall make suitable provision for the preservation of watercourses, drainage areas, wooded areas, rough terrain, and similar natural features and areas, and, shall otherwise be so designed as to use and retain such natural features and amenities to the greatest extent possible.
D. 
Minimum land area. To qualify for PROD designation, the minimum land area of the parent parcel shall be no less than 10 contiguous acres of land.
E. 
Minimum lot frontage. The minimum lot frontage of the parent parcel shall be no less than 200 feet of continuous frontage on a public highway.
(1) 
Services. The site shall, in the opinion of the Town Board, be conveniently located with respect to retail, medical, and public transportation services.
(2) 
Utilities. The site shall be served by municipal central sewage disposal and water supply facilities of sufficient capacity to service the proposed development. Unless determined to be infeasible by the Planning Board, all utilities, including electric and communications lines shall be installed underground.
F. 
Dwelling unit type. The only dwelling type permitted in a PROD is multifamily dwelling.
G. 
Site plan approval. The development of any Planned Residential Overlay District project is subject to site plan and/or subdivision approval by the Planning Board after Town Board approval of the Planned Residential Overlay District.
H. 
Mandatory agreement. The Town Board shall require as a condition of any PROD approval implementation of a payment-in-lieu-of-taxes (PILOT) agreement between the applicant/owner and the Town that provides that the owner of the PROD project shall make annual payments in lieu of taxes to the Town in amounts and for such term as may be approved by the Town Board, it being the intent of the Town that the cost of providing school, fire, police, ambulance and municipal services to the PROD project be borne by the owner.
I. 
Design criteria. The following design criteria shall apply to any PROD project.
(1) 
Maximum residential density.
(a) 
Twelve dwelling units per acre computed on the size of the parent parcel when the minimum amount of usable open space pursuant to Subsection I(3) below is provided.
(b) 
Fifteen dwelling units per acre computed on the size of the parent parcel when the minimum amount of usable open space provided is no less than 40% and is permanently preserved in accordance with Subsection I(3) below.
(2) 
Maximum nonresidential density.
(a) 
No more than 30% of the total gross residential square footage of any PROD development may be devoted to nonresidential space.
(b) 
Where the PROD includes nonresidential space, the Town Board shall require the filing of a covenant or such other document as may be required by the Director of Municipal Development and approved by the Town Attorney to ensure that the nonresidential building portion of the development is not later converted to a residential use; provided, however, that such restriction may be modified by subsequent approval of the Town Board upon application or request for such modification, or as may otherwise be changed by Zoning Law amendment or other local law adopted by the Town Board of the Town of Poughkeepsie.
(3) 
Open space requirement. Usable open space shall comprise at least 30% of the total area of the PROD. All or any part of the required open space shall be reserved for use in common by the residents and tenants of the PROD. Areas permanently reserved for open space shall be reserved for the use and enjoyment of the residents in a manner which makes the Town, or a public district or public agency a party to and entitled to enforce the reservation. The Town Board may require that open space easements over the required open space be conveyed to the Town.
(a) 
Except as hereafter provided, no principal structure shall be located closer than five feet to any interior vehicular or pedestrian way, court, plaza, open parking lot or any other surfaced area reserved for public use or for use in common by residents of the PROD. Such setback shall generally be measured from the nearest edge of a surfaced area; provided, however, that where no sidewalk exists in conjunction with a public or private street, such setback shall be measured from the nearest edge of the street right-of-way or private road easement.
(4) 
The area and bulk regulations for any PROD project shall be as follows:
(a) 
Maximum building coverage of non-open space area: 90%.
(b) 
Maximum impervious coverage of non-open space area: 95%.
(c) 
Maximum building height: 50 feet or four stories.
[1] 
For projects that incorporate parking spaces within the ground floor or subfloor area of any dwelling unit, the height limitation may be increased by 15 feet or one story.
(d) 
Minimum perimeter setback along the parent parcel: 40 feet.
(e) 
Minimum size of any lot subdivided from the parent parcel: as determined by the Planning Board. Lots shall not be required to have frontage on a public street, provided that appropriate reciprocal easements are provided, to the satisfaction of the Planning Board, for access between such lots and public streets over common internal roadways and driveways to be constructed in accordance with the approved site development plan. For purposes of this section, the PROD shall be considered to be an open development area in accordance with the Town Law § 280-a.
(f) 
Minimum setback from interior lot lines: five feet.
(5) 
Parking. Minimum parking shall be provided at a ratio of 1.5 spaces per dwelling unit or such other ratio as may be approved by the Planning Board. Parking for any nonresidential portion of any development shall be established by the Planning Board pursuant to § 210-92 of the Town Code. For the purpose of enhancing design flexibility, including the enhancement of the visual appearance of a mixed use project in a Planned Residential Overlay District, 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 parking on any part of the parent parcel may be used to meet the parking requirements for any other components of a mixed use project.
(6) 
Sidewalks. Where required sidewalks shall be five feet wide and provide circulation between principal structures and accessory uses and adjacent properties as deemed appropriate by the Planning Board.
(7) 
Lighting. Lighting shall be in accordance with § 210-81 and the standards for residential district lighting in § 210-81E.
(8) 
Signage. Signs shall be in accordance with § 210-125.
(9) 
Architectural consistency. All principal buildings shall be architecturally designed to be consistent with the Town of Poughkeepsie guidelines to the maximum extent possible. Compliance with all architectural standards shall be subject to Planning Board review and approval in accordance with § 210-152A(10).
J. 
Procedure. The review and approval of an application for a Planned Residential Overlay District designation shall be as follows:
(1) 
Town Board review. An application for a Planned Residential Overlay District designation shall be submitted to the Town Board. Upon receipt of an application, the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered, and shall refer the application to the Planning Board 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.
(2) 
Planning Board review. Within 62 days of receipt of the application from the Town Board, the Planning Board shall make a recommendation to the Town Board as to whether, in the opinion of the Planning Board, the application supports a Planned Residential Overlay District designation. The applicant or the applicant's representatives shall be present at the meetings of the Planning Board at which the application is to be considered. Failure of the Planning Board to provide a recommendation within the specified time shall be deemed a recommendation to approve the application.
(3) 
SEQRA review. No application for a Planned Residential Overlay District designation shall be complete until a lead agency is established, and a negative declaration has been issued or a draft environmental impact statement has been accepted as complete by the lead agency as satisfactory with respect to scope, content and adequacy.
(4) 
Town Board action. Within 62 days of receipt of a complete application, the Town Board shall hold a public hearing on the application for a Planned Residential Overlay District designation. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for the public hearing. A public hearing on the application shall also be coordinated with any public hearing on a draft environmental impact statement. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a Planned Residential Overlay District designation is under consideration by the Board. All notices shall include the name of the application, the location of the site requested for designation, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. Within 62 days of the close of the public hearing the Town Board shall act to approve or disapprove the request for a Planned Residential Overlay District designation. The time within which the Board must render its decision may be extended for such additional time as the Board may deem reasonable or necessary to render a decision. The failure of the Board to take action within 62 days of the close of the public hearing, or within such additional time period as may be agreed to or established by the Board shall not result, and shall not be construed to result, in a default approval of the application. The Board may, if it feels necessary to fully protect the public health, safety and welfare of the community, attach to the designation any reasonable conditions or requirements for the applicant to meet. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.
(5) 
Site plan approval. Site plan review and approval by the Planning Board as provided in Article XIII of this chapter shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(6) 
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved subdivision plat shall also require resubdivision approval. A mixed use project in a Planned Residential Overlay District 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 mixed use project in a Planned Residential Overlay District exists, function as one integrated parcel for ingress and egress, parking, internal circulation, water service, drainage, sanitary sewage disposal, and storm sewers.
(7) 
Conformity with district designation required. The Planning Board shall not approve any site plan and/or subdivision that is not in substantial conformance with the Planned Residential Overlay District designation granted by the Town Board or with any conditions impose upon such designation.
K. 
Time limits. If construction work on the proposed Planned Residential development is not commenced within the later of three years from the date of the Town Board approval of the Planned Residential Overlay District or within three years from the date of Planning Board site plan and/or subdivision approvals, and completed within three years of the date of such commencement, then the PROD designation shall be null and void and all rights and approvals and permits therein shall terminate unless the Town Board, for good cause, authorizes an extension of the overlay district approval. For purposes of this section, the commencement of construction shall be measured from the date a building permit is issued by the Town of Poughkeepsie. Additionally, and for purposes of this section, the completion of construction shall be the date on which a certificate of occupancy is issued by the Town of Poughkeepsie.
[Added 12-19-2012 by L.L. No. 25-2012; amended 3-18-2026 by L.L. No. 4-2026]
A. 
District purpose. This overlay district is to encourage the provision of mixed uses along the Hudson River waterfront of the Town of Poughkeepsie by allowing residential development in addition to uses otherwise allowed in the Waterfront 2 District. A Waterfront Housing Overlay District designation may be permitted, at the sole discretion of the Town Board, as a Zoning Map amendment subject to such additional terms and conditions as the Town Board may require, at locations in proximity to the Hudson River waterfront which meet the general requirements and design criteria set forth herein.
B. 
General requirements. An application for a Waterfront Housing Overlay District designation shall be subject to the following general requirements:
(1) 
Location. A Waterfront Housing Overlay District shall only be permitted as an overlay district for property located within the Waterfront 2 District.
(2) 
Minimum land area. The minimum site area shall contain at least three contiguous acres of land.
(3) 
Utilities. The site must be served by municipal sewage disposal and water supply facilities. All utilities, including electric and communication lines, shall be installed underground.
(4) 
Approvals. The development of any project is subject to site plan and/or subdivision approval from the Planning Board after Town Board approval of the Waterfront Housing Overlay District.
(5) 
Mandatory agreement. The Town Board shall require as a condition of any WHOD approval an agreement between the applicant/owner and the Town that provides that in the event any part of the approved development is accorded a real property tax exemption by virtue of the participation of an industrial development agency or other agency or entity permitted to receive such exemption, or the property is owned and/or operated by a not-for-profit entity, the owner of the lot or part of the project benefited by such tax exemption shall make annual payments in lieu of taxes to the Town equal to the amount of the value of the taxes which would otherwise be assessed and collected by the Town absent such exemption, said agreement to be approved by the Town Board.
C. 
Design criteria. The following design criteria shall apply to any development within the Waterfront Housing Overlay District:
(1) 
Minimum yards. In lieu of required minimum yards, the front, side and rear yards shall be determined by the Planning Board during project review based upon the Planning Board's determination as to the proper functioning of the proposed site plan.
(2) 
Maximum building coverage. Maximum building coverage shall not exceed 70%.
(3) 
Maximum impervious surface. Maximum impervious surface shall not exceed 80%.
(4) 
Maximum building height. The maximum building height shall not exceed 40 feet or three stories. For projects that incorporate parking spaces within the ground floor or subfloor area of any dwelling unit, the height limitation may be increased by 15 feet or one story.
(5) 
Maximum density. The maximum density shall be 28 dwelling units per gross lot acre as determined by the Town Board.
(6) 
Parking. Minimum parking shall be provided at a ratio of 1.5 spaces per dwelling unit or such other ratio as may be approved by the Town Board. Parking for any nonresidential portion of any development shall be established by the Planning Board pursuant to § 210-92 of the Town Code.
(7) 
Public waterfront access. The project shall provide for public access to the Hudson River waterfront and, where applicable, to the waterfront of tributaries to the Hudson River. The adequacy and sufficiency of such public access, including provisions for seating, landscaping, and other amenities, shall be as determined by the Town Board.
(8) 
Landscaping. Not less than 10% of the total gross lot area shall be landscaped in accordance with § 210-80.
(9) 
Sidewalks. Where required, sidewalks shall be six feet wide and provide circulation between principal structures and accessory uses and adjacent properties as deemed appropriate by the Planning Board.
(10) 
Lighting. Lighting shall be in accordance with § 210-81 and the standards for residential district lighting in § 210-81D.
(11) 
Signage. Signs shall be in accordance with § 210-124.
(12) 
Architectural consistency. All principal buildings shall be architecturally designed to be consistent with the Town of Poughkeepsie guidelines to the maximum extent feasible. Compliance with all architectural standards shall be subject to Planning Board review and approval in accordance with § 210-152A(10).
(13) 
Waiver. The minimum requirements of any design criterion listed above may be reduced or waived at the sole discretion of the Town Board based on its review of the application for a Waterfront Housing Overlay District.
D. 
Procedure. The review and approval of an application for a Waterfront Housing Overlay District designation shall be as follows:
(1) 
Town Board review. An application for a Waterfront Housing Overlay District designation shall be submitted to the Town Board. Upon receipt of an application, the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered, and shall refer the application to the Planning Board 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.
(2) 
Planning Board review. Within 62 days of receipt of the application from the Town Board, the Planning Board shall make a recommendation to the Town Board as to whether, in the opinion of the Planning Board, the application supports a Waterfront Housing Overlay District designation. The applicant or the applicant's representatives shall be present at the meetings of the Planning Board at which the application is to be considered. Failure of the Planning Board to provide a recommendation within the specified time shall be deemed a recommendation to approve the application.
(3) 
SEQRA review. No application for a Waterfront Housing Overlay District designation shall be complete until a lead agency is established, and a negative declaration has been issued or a draft environmental impact statement has been accepted as complete by the lead agency as satisfactory with respect to scope, content and adequacy.
(4) 
Town Board action. Within 62 days of receipt of a complete application, the Town Board shall hold a public hearing on the application for a Waterfront Housing Overlay District designation. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for the public hearing. A public hearing on the application shall also be coordinated with any public hearing on a draft environmental impact statement. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application, notifying interested persons that an application for a Waterfront Housing Overlay District designation is under consideration by the Board. All notices shall include the name of the applicant, the location of the site requested for designation, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. Within 62 days of the close of the public hearing, the Town Board shall act to approve or disapprove the request for a Waterfront Housing Overlay District designation. The time within which the Board must render its decision may be extended for such additional time as the Board may deem reasonable or necessary to render a decision. The failure of the Board to take action within 62 days of the close of the public hearing, or within such additional time period as may be agreed to or established by the Board, shall not result, and shall not be construed to result, in a default approval of the application. The Board may, if it feels necessary to fully protect the public health, safety and welfare of the community, attach to the designation any reasonable conditions or requirements for the applicant to meet. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered, and a copy thereof shall be mailed to the applicant.
(5) 
Site plan approval. Site plan review and approval by the Planning Board as provided in Article XIII of this chapter shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(6) 
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, then subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit.[1] Changes to a previously approved subdivision plat shall also require resubdivision approval. A WHOD 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 WHOD project exists, function as one integrated parcel for ingress and egress, parking, internal circulation, water service, drainage, sanitary sewage disposal, and storm sewers.
[1]
Editor's Note: See Ch. 177, Subdivision of Land.
(7) 
Conformity with district designation required. The Planning Board shall not approve any site plan and/or subdivision that is not in substantial conformance with the Waterfront Housing Overlay District designation granted by the Town Board or with any conditions imposed upon such designation.
E. 
Time limits. If construction work on the proposed planned residential development is not commenced within the later of three years from the date of the Town Board approval of the Waterfront Housing Overlay District or within three years from the date of Planning Board site plan and/or subdivision approvals, and completed within three years of the date of such commencement, then the WHOD designation shall be null and void and all rights and approvals and permits therein shall terminate unless the Town Board, for good cause, authorizes an extension of the overlay district approval. For purposes of this section, the commencement of construction shall be measured from the date a building permit is issued by the Town of Poughkeepsie. Additionally, and for purposes of this section, the completion of construction shall be the date on which a certificate of occupancy is issued by the Town of Poughkeepsie.