[Ord. of 7-20-1987, § 1; L.L.
No. 2-2013, 10-7-2013, § 2; L.L. No. 4-2014, 11-17-2014, §§ 2,3]
For the purposes of this chapter, the City of Poughkeepsie is
divided into the following zoning districts:
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R-1
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Low-Density Residence District
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R-2
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Medium Low-Density Residence District
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R-2A
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Central Low-Density Residence District
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R-3
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Medium-Density Residence District
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R-4
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Medium High-Density Residence District
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R-5
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High-Density Residence District
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R-6
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Urban Density Residence District
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PRD
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Planned Residential Development District
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R-4A
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Central Urban Density Residence District
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R-3A
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Central Medium-Density Residence District
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O-R
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Office-Residential District
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C-1
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Neighborhood Commercial District
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C-2
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Central Commercial District
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C-2A
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Main Street Commercial District
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C-3
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General Commercial District
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I-1
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Light Industrial District
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I-2
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General Industrial District
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R&D
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Research and Development District
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W
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Waterfront District
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H-M
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Hospital-Medical District
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W-G
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Walkway-Gateway District
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WTOD
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Waterfront Transit-Oriented Development District
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The boundaries of the districts are hereby established as shown
on the map entitled "Zoning Map of the City of Poughkeepsie, New York,"
dated February 20, 1979, which map is made and is declared to be part
of this chapter. Said map, hereinafter referred to as the "Zoning
Map," may be amended in the same manner as any other part of this
chapter.
The official copy of the Zoning Map certified by the City Chamberlain,
indicating the latest amendments, shall be kept up-to-date in the
office of the Zoning Administrator for the use and benefit of the
public. The Official Zoning Map shall be the final authority as to
the current zoning classification of any land within the boundaries
of the City.
[Ord. of 7-15-1999, § 1; Ord. of 10-15-2002, § 2]
Unless otherwise indicated on the Map, the boundaries are lot
lines, centerlines of streets, alleys, railroad rights-of-way, streams,
rights-of-way or the corporate limits of the City.
Where a district boundary divides a parcel or lot, the location
of such boundary, if not indicated by dimensions shown upon such Zoning
Map, shall be determined by the use of the scale appearing thereon:
(1)
In all cases where a district boundary divides a lot in one ownership
and more than 50% of the area of such lot lies in the less restrictive
district, the regulations prescribed by this chapter for the less
restricted district may be extended to such portion of the more restricted
portion of said lot which lies within 50 feet of such district boundary,
subject to such conditions as the Planning Board may deem necessary
to protect the adjoining lots. For purposes of this section, the more
restrictive district shall be deemed that district subject to regulations
which prohibit the use intended to be made of said lot or which require
higher standards with respect to density coverage, yards, screening,
landscaping, parking, loading and similar requirements. The provisions
of this subsection shall not apply in any case where the boundary
line which divides the lot is a boundary line between an R-1 District
and an R-4 District.
(2)
In all cases where a district boundary line is located not farther
than 15 feet away from a lot line of record, such boundary line shall
be construed to coincide with such lot line.
(3)
In all other cases where dimensions are not shown on the Map, the
location of boundaries shown on the Map shall be determined by the
Zoning Administrator by application of a scale thereto.
(4)
Where natural or man-made features existing on the ground are at
variance with those shown on the Zoning Map or in other circumstances
not covered in the subsections above, the district boundaries shall
be interpreted by the Board of Appeals.
(5)
For purposes of this section, all lots of record or lot lines of
record shall be determined as they existed on the effective date of
this subsection.
To facilitate public understanding of this chapter and for the better administration thereof, the regulations establishing the permitted uses of land and buildings, the limitations on the size of lots, percent of coverage of land by buildings and the location, arrangement, height and size of buildings, required open spaces and all other requirements for each of the districts established by Article III of this chapter are set forth in the schedule designated as "Schedule Controlling Land and Buildings," which is annexed hereto. Such schedule is hereby adopted and declared to be a part of this chapter, is hereinafter referred to as "the schedule" and may be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[Ord. of 7-7-1976, § 1]
(1)
Conformity required. Except as hereinafter set forth,
no land, building or structure or part thereof shall hereafter be
used or occupied and no building, structure or part thereof shall
hereafter be constructed, erected, altered or moved, unless in conformity
with the regulations specified in this chapter for the district in
which it is located or into which it is to be moved.
(2)
Completion of structures for which building permit has been
issued. Nothing in this chapter shall be deemed to require
any change in the plans, construction or designated use of any building
or structure if a building permit therefor was duly and legally issued
prior to the effective date of this chapter and actual construction
pursuant thereto was lawfully begun prior to said effective date and
has been diligently carried on.
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For purposes of this section, "actual construction" is defined
to be the actual placing of construction materials in their permanent
position, fastened in a permanent manner, except that where demolition
or removal of an existing building or structure has been substantially
begun preparatory to rebuilding, such demolition and removal shall
be deemed to be "actual construction." Similarly, whenever a district
shall be changed hereafter, the provisions of this chapter with regard
to building permits duly and legally issued prior to the effective
date of this chapter shall apply to building permits duly and legally
issued for construction in such changed district prior to the effective
date of the amendment effecting such change.
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(3)
Required open spaces and yards; division of existing lots
with structures.
(a)
No lot shall be so reduced in area as to make any yard, court
or other required open space smaller than the minimum required under
this chapter.
(b)
No part of a yard, court or other required open space provided
about any building or structure for the purpose of complying with
the provisions of this chapter shall be included as a part of a yard,
court or other open space required under this chapter for another
building or structure.
(c)
Where a lot is formed from part of a lot already occupied by
a building, such separation shall be effected in such a manner as
not to impair any of the provisions of this chapter with respect to
the existing building, and no building permit shall be issued for
the construction or erection of a building or structure upon the new
lot thus created, unless it complies with the provisions of this chapter.
(4)
Existing lots with less than minimum area or width. Any lot with an area and/or dimension less than that prescribed
in this chapter that was under different ownership from that of any
adjoining land on the effective date of the 1969 ordinance and is
still so owned at the time of application for a building permit shall
comply with the following requirements:
(a)
In an R-1, R-2 or R-3 District:
1.
Such lot may be used for not more than one dwelling unit.
2.
Where such lot does not have the required minimum width, each
side yard may be reduced by one foot for each five feet that the lot
is below the minimum width, except that no side yard shall have a
width of less than 1/2 of that required or six feet, whichever is
greater.
(b)
Unless specifically permitted in the particular district, no
principal building maybe located nearer than 10 feet to the rear lot
line.
(c)
Such lot shall be subject to all other applicable regulations
prescribed by this chapter.
(5)
Any uses not specifically permitted shall be deemed to be
prohibited. Any list of prohibited uses contained in any
section of this chapter shall be deemed to be not an exhaustive list,
but to have been included for the purposes of clarity and emphasis
and to illustrate by example some of the uses frequently proposed
that are deemed undesirable and incompatible in the particular district.
(6)
Prohibition of noxious uses. Regardless of any other
provisions of this Chapter, any use that is noxious with regard to
its impact on air or water or which creates noxious noise vibration
or glare shall be prohibited.
In furtherance of the statutory purposes of zoning, the residence
districts established in this Chapter are designed specifically to
achieve the following objectives:
(1)
To provide sufficient land in appropriate locations for residential
development to meet the housing needs of the city's present and expected
future population.
(2)
To protect residential areas from any environmentally objectionable
influences.
(3)
To protect residential areas, as far as possible, from the consequences
of heavy traffic and through traffic.
(4)
To protect residential areas from congestion by regulating the density
of population and the bulk of buildings in relation to the land around
them and to one another; by providing for off-street parking spaces,
open space and recreation areas.
(5)
To protect and enhance the aesthetic appeal and character of residential
neighborhoods by suitable landscaping and screening of unsightly activities
wherever possible and by breaking the monotony of continuous building
bulk.
(6)
To protect the character and integrity of areas and sites designated
as of historic and architectural interest.
(7)
To provide for privacy and for access of light and air to windows
by assuring the proper spacing of buildings and other structures in
relation to their height.
(8)
To provide for the appropriate location of those educational, religious,
recreational, health and similar facilities which serve the needs
of nearby residents, which generally perform their own activities
more effectively in a residential environment and which do not generate
objectionable influences.
(9)
To conserve the value of land and buildings and to protect and enhance
the city's tax revenues.
[Ord. of 9-5-1995, § 1, 2; Ord. of 11-21-1996, § 2]
(1)
Purpose of district. The purpose of the district
is to assist in the creation of areas of relatively open character
for single-family dwellings on individual lots, as well as for creative
cluster development on appropriate sites and to provide for facilities
and uses which serve residents of those areas and for uses which are
benefited by an open residential environment.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
3.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
4.
Regularly organized public, parochial and private nonsectarian
elementary and secondary schools having a curriculum that meets the
requirements of the Board of Regents, subject to the following requirements:
(i)
The site shall meet the minimum standards established
by the State Department of Education which are as follows:
Elementary — Three acres plus one acre per 100 pupils,
with five-acre minimum.
Secondary — Five acres plus two acres per 100 pupils up
to 500; plus one acre per 100 pupils over 500, with a minimum of 10
acres.
In the case of private or parochial schools these standards
shall be used as guides, but if the site is below these standards,
the school shall be reviewed as a special permit use.
Where dormitory facilities are provided, the site shall have
an area of not less than 25 acres, and the number of beds shall not
exceed 12 per acre of the total site.
(ii)
No building or part thereof and no parking or
loading area shall be located within 100 feet of any street line or
property line in any R-1 through R-6 District.
5.
Cemeteries.
(b)
Uses permitted subject to issuance of a special permit by the Planning Board in accordance with the requirements of Section 19-6.2 of this Chapter.
1.
Places of worship, including parish houses, religious schools,
meeting rooms and recreation facilities customarily accessory thereto,
subject to the following requirements.
(i)
The site shall have an area of not less than two
acres.
(ii)
Except as set forth hereinafter, no building or
part thereof or parking or loading area shall be located nearer than
50 feet to any street line or property line in any R-1 through R-6
District. A parish house, rectory or parsonage shall comply with the
requirements for a single-family dwelling.
(iii)
Lot coverage shall not exceed 25%.
3.
Nursery or preschool educational establishments or day-care
centers, subject to the following requirements:
(i)
The applicant shall have obtained all licenses,
certifications or approvals that may be required by federal, state
or local law.
(ii)
For each child registered, there shall be a minimum
of 35 square feet of floor space exclusive of halls, bathrooms and
kitchens.
(iii)
For each child enrolled there shall be provided
not less than 75 square feet of usable exterior open space. The Planning
Board may authorize the substitution of interior space available for
recreation purposes if it determines that the aggregate space to be
provided is adequate.
(iv)
No permanently installed play equipment shall
be located in any required front or side yard.
(v)
Any outdoor play area shall be located either not
nearer than 30 feet from any lot in an R-1 through R-6 District or
shall be screened therefrom by a device found sufficient by the Planning
Board to ensure visual and auditory privacy to such adjacent properties.
4.
(Reserved)
5.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
6.
Golf, tennis or swimming clubs, subject to the following requirements:
(i)
The site shall have an area of not less than two
acres.
(ii)
No building or part thereof and no parking or
loading shall be located within 40 feet of a street line or within
30 feet of a property line of a lot in any R-1 through R-6 District.
(iii)
Outdoor tennis courts, outdoor swimming pools
or golf areas must be located at least 50 feet from any property line,
and, in addition, there must be provided in connection therewith,
to the satisfaction of the Planning Board, screening with evergreen-type
plantings located within the fifty-foot setback area.
7.
Family day-care homes.
8.
Agency group homes, agency community residences or family care
homes, subject to the following requirements:
(i)
The special permit shall be reviewed every two
years.
(ii)
Said home shall not be located within 1,200 feet
of any other lot on which another agency group home, agency community
residence or boarding, lodging or rooming house or other similar use
is located. Said distance shall be measured from those points on the
periphery of the lots on which such houses are located or proposed
to be located nearest to each other.
(iii)
Said home shall conform to and be maintained
in harmony with the overall character and appearance of the surrounding
neighborhood.
(iv)
Said home shall not erect any sign that identifies
or advertises the use or occupancy of the home.
(v)
Where residents are permitted to own or operate
an automobile, one off-street parking space shall be provided for
each resident for whom the facility is designed and each employee
while on duty, and such parking shall not be located in any required
yard.
9.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(3)
Accessory uses. Accessory uses shall be as follows:
(a)
Off-street parking.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses, greenhouses.
(d)
Professional signs; real estate signs applicable to the premises; announcement signs for public, charitable, educational or religious institutions; subject to the requirements of section 19-4.9 of this Chapter.
(e)
Servants' quarters or guest house, limited to one building per
lot, for the exclusive use of employees or temporary guests of the
residents of the principal building.
(g)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets shall
be prohibited.
(4)
[Ord. of 11-21-1996, § 3]
(1)
Purpose of district. The purpose of the district
is to provide for areas of relatively open character for single-family
dwellings on individual lots, as well as for creative cluster development
on appropriate sites; to provide for facilities and uses which serve
residents of those areas and which are benefited by an open residential
environment; and to provide opportunity for more intensive use of
large older residential structures as a means of assuring neighborhood
stability.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
3.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
4.
Public, private and parochial schools, subject to the requirements of Section 19-3.12(2)(a)4 herein.
5.
Cemeteries.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with requirements of Section 19-6.2 of this Chapter:
1.
Places of worship, including parish houses, religious schools, meeting rooms and recreation facilities customarily accessory thereto, subject to the requirements of Section 19-3.12(2)(b)1 of this Chapter.
3.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
4.
(Reserved)
5.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
6.
Golf, tennis or swimming clubs, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
7.
Family day-care homes.
8.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter.
9.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(3)
Accessory uses. Accessory uses shall be as follows:
(a)
Off-street parking.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses, greenhouses.
(d)
Professional signs, real estate signs applicable to the premises, announcement signs for public, charitable, educational or religious institutions, subject to the requirements of Section 19-4.9 of this Chapter.
(e)
Servants' quarters or guest house, limited to one building per
lot, for the exclusive use of employees or temporary guests of the
residents of the principal building.
(g)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets shall
be prohibited.
(4)
[Ord. of 11-16-1982, § 1; Ord. of 12-5-1983, § 1; Ord. of 11-21-1996, § 4]
(1)
Purpose of district. The purpose of the district
is to provide for single- and two-family dwellings on individual lots,
as well as for creative cluster development on appropriate sites;
to provide for facilities and uses which serve residents of those
areas and for which are benefited by a residential environment; and
to provide opportunity for more intensive use of large older residential
structures as a means of assuring neighborhood stability.
(2)
Permitted uses. No building or premises shall
be used, in whole or in part, for any purpose except those listed
below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two-family detached dwellings.
4.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
5.
Public, private and parochial schools, subject to the requirements of Section 19-3.12(2)(a)4 herein.
6.
Cemeteries.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with requirements of Section 19-6.2 of this Chapter are as follows:
1.
Places of worship, including parish houses, religious schools, meeting rooms and recreation facilities customarily accessory thereto, subject to the requirements of Section 19-3.12(2)(b)1 of this Chapter.
3.
Nursery or preschool educational establishments of day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
4.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
5.
Golf, tennis or swimming clubs, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
6.
Family day-care homes.
7.
Agency groups homes, agency community residences, family care homes or domestic violence shelters, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter. In addition to any other requirements, domestic violence shelters must also be located on a site that has an area of at least one acre or greater.
8.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(3)
Accessory uses. Accessory uses shall be as
follows:
(a)
Off-street parking.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses, greenhouses.
(d)
Professional signs, real estate signs applicable to the premises, announcement signs for public, charitable, educational or religious institutions, subject to the requirements of Section 19-4.9 of this Chapter.
(e)
Servants' quarters or guest house, limited to one building per
lot, for the exclusive use of employees or temporary guests of the
residents of the principal building.
(g)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets shall
be prohibited.
(h)
Administrative offices, meeting rooms, counseling rooms and
similar services as part of an institutional care residence.
(4)
(5)
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with the requirements of Section 19-4.3 of this Chapter.
(6)
Landscaping and screening. Landscaping and screening shall be provided, subject to the requirements of Section 19-4.11 of this Chapter.
(7)
(Reserved)
(8)
(Reserved)
(9)
Conversion of buildings
for use of one physician or dentist as part of a residential structure. The conversion and remodeling of buildings on a lot both in existence
on the effective date of this Chapter for use by one practicing physician
or dentist as part of a residential structure shall be subject to
the following requirements:
[Ord. of 4-17-1989, § 1, 2; Ord. of 4-1-1991, § 1; Ord. of 11-7-1994, § 1;
Ord. of 12-19-1994, § 1; Ord. of 11-21-1996, § 5]
(1)
Purpose of district. The purpose of the district
is to provide areas for several types of housing at a relatively low-density
with access to community services and transportation.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two- and three-family dwellings.
3.
Conversion of buildings in existence on the effective date of
this Chapter for occupancy by up to four families.
4.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
6.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses or structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
7.
Public, private, parochial schools, subject to the requirements of Section 19-3.12(2)(a)4 of this Chapter.
8.
Cemeteries.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with requirements of Section 19-6.2 herein:
1.
Places of worship, including parish houses, religious schools, meeting rooms and recreation facilities customarily accessory thereto, subject to the requirements of Section 19-3.12(2)(b)1 of this Chapter.
3.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
4.
(Reserved)
5.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
6.
Golf, tennis or swimming clubs, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
7.
Family day-care homes.
8.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter.
9.
The conversion and remodeling of buildings on a lot, both in
existence on the effective date of this Chapter, for use by practicing
physicians or dentists, either singly or in groups. The aggregate
number of professional practitioners employed in any one building
shall not exceed four.
10.
The conversion and remodeling of buildings on a lot, both in
existence on the effective date of this Chapter, for use as an office
for architects, provided that the building is located in a National
Historic District. All of the above shall be subject to the following
requirements:
(i)
In no manner shall the appearance of the building
be altered, nor shall the office within the residential zone be conducted
in a manner that will cause the premises to lose its residential character,
either by use of colors, materials, construction or lighting.
(ii)
No architect's office shall create noise, dust,
vibration, odor, smoke, electrical interference, fire hazard or any
other nuisance that is perceptible beyond the lot lines.
(iii)
Lot and bulk requirements. Lot
and bulk requirements shall be as follows:
(iv)
Off-street parking and loading spaces shall be provided in accordance with Section 19-4.3 of this Chapter and shall be treated the same as an office building, other than medical or dental offices.
(v)
The only signs allowed must be in accordance with Section 19-4.9(12) of this Chapter.
(3)
Accessory uses. Accessory uses shall be as follows:
(a)
Off-street parking.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses; greenhouses.
(d)
Professional signs, real estate signs applicable to the premises and announcement signs for public, charitable, educational or religious institutions, subject to the requirements of Section 19-4.9 of this Chapter.
(e)
Servants' quarters or guest house, limited to one building per
lot, for the exclusive use of employees or temporary guests of the
residents of the principal building.
(g)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets shall
be prohibited.
(4)
[Ord. of 10-16-1989, § 3; Ord. of 4-1-1991, § 1; Ord. of 11-21-1996, § 6]
(1)
Purpose of district. The purpose of this district
is to provide areas for a broad range of housing types with opportunity
for appropriate nonresidential uses at a fairly high density commensurate
with the scale and characteristics of the city's older neighborhoods;
these are areas with access to major transportation arteries and a
range of community services.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two-family detached dwellings.
3.
Townhouses.
4.
Multifamily dwellings.
6.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
7.
Public, private and parochial schools as regulated in Section 19-3.12(2)(a)4 herein.
8.
Cemeteries.
9.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with the requirements of Section 19-6.2 herein:
1.
Places of worship, including parish houses, religious schools,
meeting rooms and recreation facilities customarily accessory thereto,
subject to the following requirements:
(i)
The site shall have an area of not less than 20,000
square feet.
(ii)
Except as set forth hereinafter, no building or
part thereof or parking or loading area shall be located nearer than
25 feet to any street line or property line in any R-1 through R-6
District. A parish house, rectory or parsonage shall comply with the
requirements for a single-family dwelling.
(iii)
Lot coverage shall not exceed 50%.
3.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
4.
(Reserved)
5.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
6.
Golf, tennis or swimming clubs, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
7.
Family day-care homes.
8.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter.
9.
Conversion and remodeling of buildings in existence on the effective
date of this Chapter for use by practicing physicians or dentists,
either singly or in groups.
10.
Membership clubs, catering exclusively to members and their
guests, provided that the following are prohibited:
(i)
Outdoor entertainment, live or mechanical.
(ii)
Use of outdoor public address systems.
(iii)
Exterior lighting other than that which is essential
for the safety of users of the premises.
(iv)
Location of any part of the building nearer than
30 feet to any street or property line in an R-1 through R-6 District.
11.
Professional or business offices as part of a multifamily dwelling,
subject to the following requirements:
(i)
Office uses shall be limited to the first floor.
(ii)
Office uses shall be primarily to serve residents
of the immediate neighborhood.
(iii)
Such office space shall be limited to 800 square
feet for each 10 dwelling units or major fraction thereof.
(iv)
Entrances and exits to offices shall be separate
from the residential portion of the building.
12.
As a means of preserving existing sound structures, particularly
those of historic or architectural significance, conversion of existing
buildings that do not meet minimum lot size requirements to residential
use or additional residential units, subject to the following requirements:
(i)
The building is in existence on the effective date
of this Chapter.
(ii)
The maximum density shall not exceed multifamily
requirements in the Urban Density Residence District (R-6).
(iii)
No dwelling unit shall contain more than one
bedroom, and if presently in residential use, no permit shall be granted
to increase the number of bedrooms existing in the building at the
time of the application.
(iv)
The minimum floor area of a dwelling unit not
containing a separate bedroom shall be 400 square feet, of which a
minimum of 35 square feet shall be a bathroom, and a minimum of 60
square feet shall be a kitchen or kitchen area.
(v)
The minimum floor area of a one bedroom dwelling
unit shall be 600 square feet, of which a minimum of 35 square feet
shall be a bathroom, and 60 square feet shall be a kitchen, and a
minimum of 120 square feet shall be a bedroom.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area for all uses excluding townhouses and multifamily dwellings: same as R-3 Districts [Section 19-3.14(4)].
(b)
Minimum lot area for townhouses: 4,000 square feet per dwelling
unit.
(c)
Minimum required lot area per dwelling unit for multifamily
dwellings shall be as follows, except in buildings with offices on
the first floor, no additional lot area shall be required specifically
for that use:
(e)
Minimum required side and rear yards: same as R-3 [Section 19-3.14(4)], except for multifamily dwellings with three or more dwelling units, yards shall be computed as follows:
1.
Townhouses: side yard: 10 feet; rear yard: 15 feet.
2.
Distance from structure to property line: 1/2 the height of
the structure closest to the property line or 15 feet, whichever is
greater.
3.
Distance between buildings on one site: 2/3 of the height of
the taller building or 25 feet, whichever is greater.
(f)
Minimum front yard: 20 feet.
(g)
Maximum height: three stories or 40 feet.
(h)
Maximum lot coverage: 40%.
(i)
Required open space. There shall be provided in each multiple
dwelling or townhouse development, excluding townhouses on fee simple
lots, not less than 200 square feet of usable open space for each
efficiency unit; 300 square feet of usable open space for each one-bedroom
unit; 400 square feet of usable open space for each two-or-more-bedroom
unit. For any development containing more than 15 units, such usable
open space shall be devoted to improved and landscaped play and sitting
areas for use of residents thereof, and the design and layout of the
usable open space shall be subject to approval by the Planning Board.
[Ord. of 7-21-1981, § 2; Ord. of 10-16-1989, § 4; Ord. of 11-21-1996, § 7]
(1)
Purpose of district. The purpose of this district
is to provide areas for intense residential development accessible
to all commercial, cultural and community services and major transportation
facilities and to provide opportunity for limited nonresidential activity
that will enrich the urban environment.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two-family dwellings.
3.
Townhouses.
4.
Multifamily dwellings.
6.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
7.
Public, private and parochial schools as regulated in Section 19-3.12(2)(a)4 herein.
8.
Cemeteries.
9.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with the requirements of Section 19-6.2 of this Chapter:
1.
Places of worship, including parish houses, religious schools, meeting rooms and recreation facilities customarily accessory thereto, subject to the requirements of Section 19-3.15(2)(b)1 of this Chapter.
3.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
4.
Libraries, museums and/or art galleries on lots having an area
of not less than 10,000 square feet.
5.
Family day-care homes.
6.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter, except that Subsection (2)(b)8(ii) therein shall not apply.
7.
Conversion and remodeling of buildings in existence on the effective
date of this Chapter for use by practicing physicians or dentists,
either singly or in groups.
8.
Annual membership clubs, subject to the requirements of Section 19-3.15(2)(b)10 of this Chapter.
9.
Professional or business offices as part of a multifamily dwelling, subject to the requirements of Section 19-3.15(2)(b)11 of this Chapter.
10.
Rooming and boarding houses and private proprietary homes for
adults, subject to the following requirements:
(i)
The special permit shall be reviewed every two
years.
(ii)
No sign shall be erected that identifies or advertises
the use of the home for such purpose.
(iii)
Said use shall not be located within 1,200 feet
of any lot on which another rooming or boarding house, proprietary
home, group home or agency community residence or similar use is located.
Said distance shall be measured from those points on the periphery
of the lots on which such houses are located or proposed to be located
nearest to each other.
(iv)
Said use shall conform to and be maintained in
harmony with the overall character and appearance of the surrounding
neighborhood.
(v)
Said use shall not be occupied by more than 12
residents, and no room shall be occupied by more than two persons.
(vi)
Said use shall require a permit from the Dutchess
County Department of Health and shall be registered with the Zoning
Administrator, and the following information shall be filed and kept
up-to-date:
11.
Skilled nursing facilities, convalescent homes, intermediate
care facilities or private proprietary homes for adults.
12.
Conversion of existing buildings that do not meet minimum lot requirements to residential use or additional residential units, subject to the requirements of Section 19-3.15(2)(b)12 of this Chapter.
13.
Standard restaurants, provided that:
14.
Golf, tennis or swim club, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area for all uses, except multifamily dwellings and townhouses: same as R-3 [Section 19-3.14(4)].
(b)
Minimum required lot area for townhouses: 2,800 square feet
per townhouse.
(c)
Minimum required lot area per dwelling unit for multifamily
dwellings shall be as follows, except in buildings with offices on
the first floor, no additional lot area shall be required specifically
for that use:
(d)
Minimum required lot width: 50 feet; except townhouse: 18 feet.
(e)
Minimum required frontage: 30 feet; except townhouse: 18 feet.
(f)
Minimum required front yard: 20 feet.
(g)
Minimum required side and rear yards: same as R-3 [Section 19-3.14(4)]; except for townhouse: same as R-4 [Section 19-3.15(4)]; and except for multifamily dwellings with three or more dwelling units, for which yards shall be computed as follows:
(h)
Maximum height: six stories or 70 feet.
(i)
Maximum lot coverage: 50%.
(j)
Required open space: same as R-4 [Section 19-3.15(4)(i)].
[Ord. of 10-16-1989, § 5; Ord. of 11-21-1996, § 8]
(1)
Purpose of district. The purpose of this district
is to provide areas for very intense residential development accessible
to all commercial, cultural and community services and major transportation
facilities and to provide opportunity for limited nonresidential activity
that will enrich the urban environment.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two-family dwellings.
3.
Townhouses.
4.
Multifamily dwellings.
6.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie and County of Dutchess
or the state or federal governments or agencies thereof.
7.
Public, private and parochial schools, subject to the requirements of Section 19-3.12(2)(a)4 of this Chapter.
8.
Cemeteries.
9.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with the requirements of Section 19-6.2 of this Chapter.
1.
Places of worship, including parish houses, religious schools, meeting rooms and recreation facilities customarily accessory thereto, subject to the requirements of Section 19-3.15(2)(b)1 of this Chapter.
3.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
4.
Libraries, museums or art galleries on lots having an area of
not less than 20,000 square feet.
5.
Family day-care homes.
6.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter except that Subsection (2)(b)8(ii) shall not apply.
7.
Conversion and remodeling of buildings in existence at the effective
date of this Chapter for use by practicing physicians or dentists,
either singly or in groups.
8.
Annual membership clubs, subject to the requirements of Section 19-3.15(2)(b)10 of this Chapter.
9.
Professional or business offices as part of a multifamily dwelling in accordance with the requirements of Section 19-3.15(2)(b)11 of this Chapter.
10.
Rooming and boarding houses, subject to the requirements of Section 19-3.16(2)(b)10 of this Chapter.
11.
Skilled nursing facilities, convalescent homes, intermediate
care facilities or private proprietary home for adults.
12.
Conversion of existing buildings that do not meet minimum lot requirements to residential use or additional residential units, subject to the requirements of Section 19-3.15(2)(b)12 of this Chapter.
13.
Standard restaurants, provided that:
14.
Mobile homes and modular homes, subject to the requirements of Section 19-3.12(2)(b)4 of this Chapter[1].
[1]
Editor's Note: Said subsection was repealed.
15.
Golf, tennis or swim club, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area for all uses including townhouses, but excluding multifamily dwellings: same as R-5 [Section 19-3.16(4)].
(c)
Minimum required lot width: 100 feet.
(d)
Minimum frontage: 100 feet.
(e)
Minimum front yard: 20 feet.
(f)
Minimum required side and rear yards: same as R-3 [Section 19-3.14(4)]; except for townhouses: same as R-4 [Section 19-3.15(4)]; and except for multifamily dwellings with more than three dwelling units, which yards shall be computed as follows:
(g)
Maximum height: none.
(h)
Maximum lot coverage: 70%.
(i)
Required open space: same as R-4 [Section 19-3.15(4)(i)].
[Ord. of 3-10-1983, § 1; Ord. of 12-17-1984, § 1; Ord. of 10-3-1988, § 1]
(1)
Purpose of district. It is the purpose of this Planned
Residential Development (PRD) section to provide performance criteria
as the basis for flexible use and design regulations so that self-contained
residential neighborhoods, containing both individual building sites
and common property, may be planned and developed in a unified manner
on those large tracts of vacant or predominantly vacant land that
are appropriate for such use.
|
It is further the intent (1) to encourage innovations in residential
development so that the growing demands for housing of different types
at all economic levels may be met by greater variety in type, design
and siting of dwellings; and (2) to encourage the maximum reasonable
conservation and the most efficient possible use of large tracts of
land. These objectives cannot be achieved through the use of rigid
and uniform traditional bulk and use zoning and subdivision regulations.
|
(2)
Rezoning to PRD. Where PRD techniques are deemed
appropriate, the rezoning of land to a Planned Residential Development
District by the Common Council replaces the use and dimensional specifications
contained elsewhere in this Chapter by an approval process in which
an approved plan becomes the basis for continuing land use controls.
Among the specific objectives which are to be achieved through use
of PRD techniques are the following:
(a)
An increase in choices of housing types (one-family detached,
semidetached, attached and multifamily dwellings) available to city
residents at various economic levels.
(b)
More usable open space and recreation areas.
(c)
Preservation of trees and outstanding natural topographic and
geological features and prevention of soil erosion.
(d)
More convenience in location of accessory commercial and service
areas.
(e)
A smaller network of utilities and streets which would lower
housing and public maintenance costs.
(f)
A more desirable environment than would be possible through
the strict application of other provisions of this Chapter.
(3)
Standards and general requirements for Planned Residential
Developments.
(a)
The minimum area to qualify for a PRD District shall be 25 contiguous
acres of land. Where the applicant can demonstrate that the characteristics
of his holdings will meet the objectives of this section, plans covering
lesser acreage may be considered.
(b)
A PRD shall have access to an arterial street, as defined in
the City of Poughkeepsie ordinances and regulations.
(c)
The following shall be permitted uses:
(d)
Residential density and standards:
1.
The gross density, measured over the entire tract shall not
exceed the equivalent of the number of units that are permitted in
the zoning district in effect for the subject property immediately
prior to the designation of the property for PRD.
2.
There shall be off-street parking facilities, subject to the requirements of Section 19-4.3 of this Chapter.
3.
Required usable open spaces shall be provided at the same ratio as R-4 District [Section 19-3.15(4)(i)], plus there shall be 1,000 square feet of usable open space for every single-family detached dwelling unit.
(e)
Commercial density and standards:
1.
Commercial uses may be permitted where such uses are scaled
to serve the residents of the PRD. Where a PRD contains less than
250 dwelling units, a maximum of 2,500 square feet of floor area may
be provided for retail commercial and personal service use. Where
a PRD contains more than 250 dwelling units, an additional 1,000 square
feet of retail commercial or personal service use may be provided
for each 100 additional dwelling units.
2.
Not more than one office or studio, other than accessory to
a use otherwise permitted, shall be permitted for each 25 dwelling
units or major fraction thereof, on the parcel. If such office(s)
is in a residential structure, such office or studio may be located
only on the first floor. Access to such office or studio shall be
separate from access to residential portions of the structure.
(f)
Common areas and facilities.
1.
"Common areas and facilities" in a PRD is defined as a parcel
or parcels of land, together with all improvements thereon, the use
and enjoyment of which are shared by the owners and occupants of the
individual building sites or dwelling units. Where common areas or
facilities exist, the ownership of such property may be either public
or private. Where such areas or facilities are not dedicated to the
City of Poughkeepsie or other public agency, the owner shall provide
for and establish an organization for the continued ownership and
maintenance thereof. Such organization shall not be dissolved nor
shall it dispose of any common areas or facilities by sale or otherwise.
2.
In the event that the organization established to own and maintain
common areas or facilities or any successor organization shall at
any time after establishment of the Planned Residential Development
fail to maintain the common areas or facilities in reasonable order
and condition in accordance with the approved plan, the City of Poughkeepsie
may serve written notice upon such organization or upon the residents
and owners of the PRD setting forth the manner in which the organization
has failed to maintain the common areas or facilities in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 30 days thereof and shall state the
date and place of a hearing thereon which shall be held within 14
days of the notice.
At such a hearing, the city may extend the time within which
the deficiencies shall be cured. If the deficiencies set forth in
the original notice shall not be cured within said 30 days or extension
thereof, the city, in order to preserve the taxable values of the
property within the PRD and to prevent the common property from becoming
a public nuisance, may enter upon said common areas or facilities
and maintain the same for a period of one year. Said entry and maintenance
shall not vest in the public any rights to use the common areas or
facilities except when the same is voluntarily dedicated to the public
by the residents and owners. Before the expiration of said year, the
city shall, upon its own initiative or upon the request of the organization
thereto responsible for the maintenance of the common property, call
a public hearing upon notice to such organization or to the residents
and owners of the PRD to be held by the city, at which hearing such
organization or the residents and owners of the PRD shall show cause
why such maintenance by the city shall not, at the election of the
city, continue for a succeeding year.
If the city shall determine that such organization is ready
and able to maintain said common areas or facilities in reasonable
condition, it shall cease to maintain said common property at the
end of said year. If the city shall determine such organization is
not ready and able to maintain said common areas or facilities in
a reasonable condition, the city may in its discretion, continue to
maintain said common areas or facilities during the next succeeding
year, subject to a similar hearing and determination in each year
thereafter.
The cost of such maintenance by the city shall be assessed equally
against the properties within the PRD that have a right of enjoyment
of the common areas or facilities and shall become a tax lien on said
properties.
The city, at the time of entering upon said common areas or
facilities for the purpose of maintenance, shall file a notice of
such lien in the office of the County Clerk upon the properties affected
by such lien within the PRD.
(4)
Site and structure requirements.
(a)
It shall be the city's policy to preserve and incorporate into
the landscaping of the development natural features, such as streams,
rock outcrops, trees and shrubs. All trees with a diameter of eight
inches or more, measured three feet from the base of the tree, shall
be preserved to the fullest extent possible consistent with good design,
engineering and reasonable development of the site. Permission to
remove any such trees shall be subject to approval by the Planning
Board.
(b)
Where adequate surface drainage is not possible by grading alone,
a supplementary drainage system approved by the City Engineer shall
be required.
(c)
All electric, telephone, cable television and similar equipment
shall be installed underground in accordance with the New York State
Public Service Commission regulations.
(d)
Lot sizes and dimensions and structure heights and locations
thereon may be freely disposed and arranged in conformance with the
overall density standards set forth herein. In reviewing any application
for a PRD, the Planning Board shall be guided by standards set elsewhere
in this Chapter for comparable uses and by common good planning practice,
to the end that the resulting development shall be compatible with
the surroundings, and to assure the stability of the uses proposed
to be developed on the site.
(e)
The right-of-way and pavement widths for internal roads serving
multifamily dwellings shall be adequate and sufficient in size, location
and design to accommodate the maximum traffic, parking and loading
needs and the access of fire-fighting equipment and police or emergency
vehicles. The pavement of said roads shall be not less than 22 feet
wide and shall be subject to all other applicable city ordinances
and standards.
(f)
The developer shall provide all necessary on-site water and
sewer facilities, including, if necessary, water storage tanks, storm
drainage, highway access, paved service streets, sidewalks, parking
and loading facilities, lighting, fire alarm system and other necessary
facilities, making reasonable provision for utility service connections
with adjoining properties in other ownerships. Such proposed improvements
shall be subject to review and approval by the appropriate city authority.
Water supply and distribution sewers, storm drains, streets, sidewalks
and paved areas shall be approved by the Department of Public Works
and the City Engineer; parking area access, layout and lighting shall
be approved by the Police Department; all site plans shall be approved
by the Fire Department for access, water pressure and supply and hydrant
and call box locations.
(g)
Any nonresidential uses within the PRD must be located so as
to be compatible with nearby residential uses.
(h)
A buffer strip shall be provided along the property line and
along any street line. Said strip shall be at least 50 feet in depth,
measured inward from the street line or property line; provided, however,
that in no event shall any structure or building be permitted closer
than 120 feet from any residence on any property abutting the PRD
property and shall be suitably landscaped with grass and shrubs, trees
or other ground cover or such screening as the Planning Board may
prescribe. No parking shall be permitted in this area.
(i)
Maximum building coverage of the site shall be 20%.
(5)
Application procedures and approval process.
(a)
Submission of a preliminary site plan and rezoning application:
1.
In order to allow the Planning Board and the developer to reach
an understanding on basic design requirements and the appropriateness
of rezoning at the earliest opportunity, the developer shall submit
a preliminary plan of his proposal to the Board with a copy to the
Director of Planning and Development. The preliminary plan, which
shall be accompanied by a rezoning application, shall be approximately
to scale, though it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following:
(i)
The disposition of various land uses and the areas
covered by each, in acres.
(ii)
The general outline of the interior road system
and all existing and proposed rights-of-way and easements, whether
public or private.
(iii)
Delineation of the various residential areas
indicating the number of dwelling units by each housing type and size,
plus a calculation of the density, in dwelling units per acre.
(iv)
The interior common open space system and a statement
as to how it is to be owned and maintained.
(v)
The interior drainage system and how it is proposed
to be connected to the drainage systems of adjoining areas.
(vi)
Estimates of the school-age population and possible
allocation to existing and any proposed schools.
(vii)
If the development is to be staged, clear indication
of how the staging is to proceed.
(viii)
Evidence of how the proposal would meet the planning objectives of the PRD as set forth in Section 19-3.18(2) of this Chapter.
(ix)
Evidence in the applicant's own behalf to demonstrate
his competence to carry out the plan and his awareness of the financial
and organizational scope of such a project.
2.
The Director of Planning and Development shall certify, in writing,
whether or not the application is complete in accordance with Subsection
(5)(a)1 above. The Director of Planning and Development shall act
to certify or return the application to the applicant for completion
within 10 calendar days of receipt by the Director of Planning and
Development (DPD).
3.
The Planning Board shall review the preliminary site plan and
all related documents and shall render either a favorable report to
the Common Council or an unfavorable report to the applicant within
45 days following certification by the Director of Planning and Development
that all of the necessary application material has been presented.
If no report has been rendered after 45 days, the applicant may proceed
as if a favorable report were given to the Common Council.
A favorable report shall include a recommendation to the Common
Council that a public hearing be held for the purpose of considering
the desirability of mapping the subject property as a PRD Zoning District.
The report shall be based on the following findings, which shall be
included as part thereof:
(i)
The proposal conforms to the Comprehensive Plan
duly adopted by the Poughkeepsie Common Council.
(ii)
The proposal meets the intent and objectives of the PRD district as expressed in Section 19-3.18(1) herein.
(iii)
The proposal meets all the general requirements of Section 19-3.18(3) of this Chapter.
(iv)
The proposal is conceptually sound in that it
meets community needs in the layout of the proposed roadway system,
in its land use configuration, open space and drainage systems and
in the scale of the elements, both absolute and as they relate to
one another.
(v)
There are adequate public facilities, services
and utilities available or proposed to be made available to serve
the development.
If there is an unfavorable report on the preliminary site plan,
the Planning Board's statement shall contain the reasons for such
findings. In such a case, the Planning Board may recommend further
study of the site plan and resubmission of the preliminary site plan
after it has been revised or redesigned.
(b)
Amendment of Zoning Map to a PRD District:
1.
Upon receipt of a favorable report from the Planning Board,
the Common Council shall conduct a public hearing for the purpose
of considering an amendment to the Zoning Map to place the subject
property in a Planned Residential Development District, said public
hearing to be conducted within 30 days of the receipt of the favorable
report.
2.
The Common Council shall follow referral procedures for zoning amendments outlined in Section 19-9.1 of this Chapter.
3.
The Common Council shall act on the rezoning application within
90 days of the authorization for a public hearing. Approval of the
PRD District application shall be duly noted on the Zoning Map of
the City of Poughkeepsie.
(c)
Application for final site plan approval:
1.
Following rezoning of a property to the PRD zone, the applicant shall submit an application for final site plan review in accordance with Section 19-6.1 of this Chapter. The application for final site plan shall be made within three months from the date of the Common Council approval for the rezoning.
2.
The final detailed site plan shall conform substantially to
the approved preliminary site plan. It should incorporate any appropriate
revisions or other features that may have been recommended by the
Planning Board.
3.
The time for application for final site plan approval as set
forth in Subsection (5)(c)1 above may be extended by the Planning
Board for an additional period of time not to exceed two years from
the date of the expiration of the initial three-month period. Such
extensions shall be granted by the Planning Board upon application
establishing practical difficulty or other good cause shown on the
part of the applicant with regard to the finalization of the applicant
for final site plan approval.
(6)
Time limits for effectiveness of PRD approvals.
(a)
An approval for rezoning to a PRD District shall be effective for a period of 12 months after Common Council approval of such rezoning. The applicant shall, during such twelve-month period, obtain final site plan approval and all other approvals required for the lawful commencement of the project described in the approved final site plan and commence substantial construction of the project. For good cause shown, the Common Council may extend the twelve-month period set forth above for a period of time not to exceed an additional six months. In the event that the applicant has not performed, as set forth above, within the time set forth above, the PRD zone shall terminate and the zoning for the subject property shall revert to the zoning designation in effect prior to the rezoning to PRD. Notwithstanding the time limits set forth above, the Common Council may, upon application and in its discretion, grant a further extension of time, in increments of one-year extensions, not to exceed, in total, a maximum of three years of additional extension, all such extensions measured from the date of expiration of the six-month extension hereinbefore set forth. In considering such discretionary extension, an applicant must demonstrate to the satisfaction of the Common Council that such additional extension is required by reason of the inability of the applicant to obtain an approval or approvals from one or more governmental agencies required to implement construction within the PRD District and must further demonstrate that such inability to obtain such approval or approvals results from reasons beyond the control of the applicant, unrelated, in whole or in part, to any fault or failure on the part of the applicant in applying for or processing such applications for such approval or approvals. In addition, any such discretionary extension requires findings by the Common Council that such discretionary extension is consistent with the purposes and objectives of PRD zoning as set for in Section 19-3.18(1) and (2) of this Code of Ordinances, together with findings that the approval for which such discretionary extension is sought is consistent with any amendments to PRD zoning as may have been adopted, from time to time, on and after the date when PRD approval was given to the applicant.
(b)
For purposes of this section, commencement of substantial construction
shall mean the commencement of physical construction of not less than
20% of the residential units shown in the final approved site plan,
including excavation, footings and foundations or slabs; or 20% of
the residential units shown in the first phase of development if the
final approved site plan provides for development in phases.
(c)
If substantial construction has not commenced within the time
set forth above, the PRD zone shall terminate and the zoning for the
subject property shall revert to the zoning designation in effect
prior to the rezoning to PRD. All improvements or construction not
in accord with the zoning in effect upon the termination of PRD shall
be promptly removed; provided, however, that the applicant, in lieu
of removing improvements or construction, may make application for
new zoning and building approvals under the terms of the zoning in
effect upon PRD termination, including but not limited to subdivision
approval for the construction and improvements already commenced.
Any such application for new zoning and building approvals shall stay
the requirement of removal of improvements and construction, except
in the case of emergency or danger to health and safety, pending administrative
decision on any such application. In order to qualify for such a stay,
an application must be made within 30 days of the time of termination
of PRD zoning, and such application must be submitted, completed and
processed by the applicant with diligence.
[Ord. of 4-1-1991, § 2; Ord. of 11-21-1996, § 9; 6-6-2022 by Ord. No. O-22-04]
(1)
Purpose of district. The purpose of this district
is to provide areas for a broad range of housing types with opportunity
for appropriate nonresidential uses at a fairly high density commensurate
with the scale and characteristics of the city's older neighborhoods;
these are areas with access to major transportation arteries and a
range of community services.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two-family dwellings.
3.
Townhouses.
4.
Multifamily dwellings.
6.
Municipal parks and recreational facilities, including refreshments
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
7.
Public, private and parochial schools as regulated in Section 19-3.12(2)(a)4 herein.
8.
Cemeteries.
9.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
11.
Standard restaurants, cafes and coffee shops, provided such businesses
are located in existing buildings and close by 11:00 p,m. Drive-through
facilities are prohibited.
12.
Retail establishments.
13.
Convenience stores, provided that a variety of fresh produce is available
for purchase.
14.
Personal service establishments.
15.
Artisanal uses offering a trade or handcrafted service or product,
such as but not limited to butchers, cheese shops, fish markets, and
candy shops.
(b)
Uses subject to issuance of a special permit by the Planning Board in accordance with the requirements of Section 19-6.2 herein:
1.
Places of worship, including parish houses, religious schools,
meeting rooms and recreation facilities and customarily accessory
thereto, subject to the following requirements:
(i)
The site shall have an area of not less than 20,000
square feet.
(ii)
Except as set forth hereinafter, no building or
part thereof or parking or loading area shall be located nearer than
25 feet to any street line or property line in any R-1 through R-6
District. A parish house, rectory or parsonage shall comply with the
requirements for a single-family dwelling.
(iii)
Lot coverage shall not exceed 50%.
3.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
4.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
5.
Golf, tennis and swimming clubs, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
6.
Family day-care homes.
7.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter.
8.
Conversion and remodeling of buildings in existence on the effective
date of this Chapter for use by practicing physicians or dentists,
either singly or in groups.
9.
Membership clubs, catering exclusively to members and their
guests, provided that the following are prohibited:
(i)
Outdoor entertainment, live or mechanical,
(ii)
Use of outdoor public address systems.
(iii)
Exterior lighting other than that which is essential
for the safety of users of the premises.
(iv)
Location of any part of the building nearer than
30 feet to any street or property line in an R-1 through R-6 District.
10.
Professional or business offices as part of a multifamily dwelling,
subject to the following requirements:
(i)
Office uses shall be limited to the first floor.
(ii)
Office uses shall be primarily to serve residents
of the immediate neighborhood.
(iii)
Such office space shall be limited to 800 square
feet for each 10 dwelling units or major fraction thereof.
(iv)
Entrances and exits to office shall be separate
front the residential portion of the building.
11.
Rooftop and courtyard seating areas for standard restaurants and
coffee shops.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(b)
Minimum required lot area per dwelling unit for multifamily
dwellings shall be as follows, except in buildings with offices on
the first floor, no additional lot area shall be required specifically
for that use:
(c)
Minimum required lot area for all uses except one-family and two-family dwellings and townhouses: same as R-3 Districts [Section 19-3.14(4)].
(e)
Minimum required side yards: six feet.
(f)
Minimum required rear yards: 1/2 the height of the principal
structure closest to the rear property line or 15 feet, whichever
is greater.
(g)
Minimum distance between principal buildings on one site: 2/3
of the height of the taller principal building or 25 feet, whichever
is greater.
(h)
Minimum required front yard: none; provided, however, that in
cases where the mean front yard setback of residential properties
located on the same street line and wholly or partly located within
100 feet of the subject property exceeds 2 1/2 feet, said mean
front yard setback shall be the minimum front yard required for the
subject property.
(i)
Maximum height: three stories or 40 feet. Maximum F.A.R.: 1.0.
(j)
Maximum lot coverage: 40%.
(k)
Required open space: same as R-4 [Section 19-3.15(4)(i)].
[Ord. of 10-5-1982, § 1; Ord. of 10-16-1989, § 1, 2; Ord. of 11-21-1996, § 10]
(1)
Purpose of district. The purpose of this district
is to provide areas for several types of housing at a density commensurate
with the scale and characteristics of the city's older neighborhoods.
(2)
Permitted uses. No building or premises shall
be used, in whole or in part, for any purpose except those listed
below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two- and three-family dwellings.
3.
Conversion of buildings in existence on the effective date of
this section for occupancy by up to four families.
4.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
6.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses or structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
7.
Public, private and parochial schools, subject to the requirements
of Section 19-3.12(2)(a)(4) of this Chapter.
8.
Cemeteries.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with requirements of Section 19-6.2 of this Chapter:
1.
Places of worship, including parish houses, religious schools,
meeting rooms and recreation facilities customarily accessory thereto,
subject to the requirements of Section 19-3.12(2)(b)(1) of this Chapter.
3.
Nursery or preschool education establishments or day-care centers,
subject to the requirements of Section 19-3.12(2)(b)(3) of this Chapter.
4.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
5.
Golf, tennis or swimming clubs, subject to the requirements
of Section 19-3.12(2)(b)(6) of this Chapter.
6.
Family day-care homes.
7.
Agency group homes, agency community residences or family care
homes, subject to the requirements of Section 19-3.12(2)(b)(8) of
this Chapter.
8.
Conversion and remodeling of buildings on a lot both in existence
on the effective date of this ordinance for use by practicing physicians
or dentists either singly or in groups. The aggregate number of professional
practitioners employed in any one building shall not exceed four.
(3)
Accessory uses. Accessory uses shall be as
follows:
(a)
Off-street parking.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses, greenhouses.
(d)
Professional signs; real estate signs applicable to the premises; announcement signs for public, charitable, educational or religious institutions; subject to the requirements of Section 19-4.9 of this Chapter.
(e)
Servants' quarters or guest house, limited to one building per
lot, for the exclusive use of employees or temporary guests of the
residents of the principal building.
(g)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets shall
be prohibited.
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area for all uses, excluding multifamily
dwellings: same as R-3 districts.
(c)
Minimum required lot width: all other uses: 30 feet.
(d)
Minimum required side and rear yards: same as R-3 [Section 19-3.14(4)], except for multifamily dwellings, which yards shall be computed as follows:
(e)
Minimum front yard: 20 feet.
(f)
Maximum height: 2 1/2 stories or 35 feet.
(g)
Maximum lot coverage: 35%.
[Ord. of 11-17-1986, § 1; Ord. of 10-16-1989, § 6; Ord. of 4-1-1991, § 3;
Ord. of 11-21-1996, § 11]
(1)
Purpose of district. The purpose of this district
is to provide opportunities for office and/or mixed use development
in certain residential areas immediately adjoining the central business
district or along major arterials.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two- and three-family dwellings.
3.
Conversion of a building in existence on the effective date
of this Chapter for occupancy by up to four families.
4.
Townhouses.
6.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
7.
Public, private, parochial schools, subject to the requirements of Section 19-3.12(2)(a)4 of this Chapter.
8.
Cemeteries.
9.
Business and professional offices.
10.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with the requirements of Section 19-6.2 of this Chapter:
1.
Places of worship, including parish houses, religious schools, meeting rooms, recreation facilities customarily accessory thereto, subject to the requirements of Section 19-3.15(2)(b)1 of this Chapter.
2.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this Chapter.
3.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 feet.
4.
Family day-care homes.
5.
Agency community residences, family care homes, agency group homes, subject to the requirements of Section 19-3.12(2)(b)8 of this Chapter, except that Subsection (2)(b)8(iii) therein shall not apply.
6.
Annual membership clubs, subject to the requirements of Section 19-3.15(2)(b)10 of this Chapter.
7.
Rooming and boarding houses, subject to the requirements of Section 19-3.16(2)(b)10.
8.
Skilled nursing facilities, convalescent homes, intermediate
care facilities or private proprietary homes for adults.
9.
Standard restaurants, provided that:
11.
Mobile homes, subject to the requirements of Section 19-3.12(2)(b)4 of this Chapter.[1]
[1]
Editor's Note: Said subsection was repealed.
12.
Golf, tennis or swim club, subject to the requirements of Section 19-3.12(2)(b)6 of this Chapter.
13.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this Chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
14.
Funeral parlors.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area: same as R-3 [Section 19-3.14(4)]; except for townhouses: same as R-4 [Section 19-3.15(4)].
(d)
Minimum required front yard: 10 feet.
(e)
Minimum required side and rear yards: same as R-3 [Section 19-3.14(4)]; except for townhouses: same as R-4 [Section 19-3.15(4)].
(f)
Maximum height: 2 1/2 stories or 35 feet.
(g)
Maximum lot coverage: 70%.
(h)
Required open space: same as R-4 [Section 19-3.15(4)(i)].
In furtherance of the statutory purposes of zoning, the Commercial
Districts established in this Chapter are designed to promote and
protect public health, safety and general welfare, to enhance the
city's economy and specifically, to achieve the following objectives:
(1)
To promote stability of commercial development, to strengthen the
economic base of the city, to protect the character of certain districts
and their peculiar suitability for particular uses, to conserve the
value of the land and buildings and thereby to protect and enhance
the city tax revenues.
(2)
To protect commercial development as far as is possible and appropriate
from fire and explosions and environmentally objectionable influences.
(3)
To provide sufficient land to meet the needs of the city's future
economy for modern commercial floor space in its central or secondary
commercial centers, including the need for off-street parking space,
with due allowance for a choice of sites, and to encourage the natural
tendency of commercial development to concentrate in continuous retail
frontage to the mutual advantage of both consumers and merchants.
(4)
To provide sufficient land, in appropriate locations in proximity
to residential areas, for local retail and service development catering
to the regular shopping and service needs of nearby residents.
(5)
To protect commercial development in central or secondary commercial
centers from congestion, by limiting the bulk of buildings in relation
to the land around them and to one another, by proper location of
those types of establishments which generate heavy traffic and by
providing for off-street parking and loading facilities.
(6)
To protect both local retail development and nearby residences from
congestion, particularly in areas where the established pattern is
a combination of residential use with local retail uses on the lower
floors, by regulating the intensity of local retail development, by
restricting those types of establishments which generate heavy traffic
and by providing for off-street parking and loading facilities.
(7)
To provide for residential development, particularly small units,
in appropriate locations within central and neighborhood commercial
areas as a means of making existing structures viable, providing built-in
support for businesses and providing additional housing supply.
(8)
To provide freedom of architectural design, in order to encourage
the development of more attractive and economic building forms.
(9)
To protect the character of areas and sites designated as of historic
and architectural interest.
[Ord. of 7-15-1985, § 2; Ord. of 8-17-1987, § 1; Ord. of 8-15-1988, § 1,
2; Ord. of 3-20-1989, § 1; Ord. of 5-6-1991, § 1; Ord.
No. O-07-2, § 1; Ord. No. O-11-07, 4-20-2011, § 1]
(1)
Purpose of district. The purpose of this district
is to provide areas within residential neighborhoods for local scale
commerce with a range of retail stores and services which cater to
frequently recurring needs of nearby residents.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Retail stores, except adult book stores, as defined herein,
with a maximum of 8,000 square feet of selling space.
2.
Banks, including drive-in windows.
3.
Standard restaurants, provided that meals are served at least
twice each day that the restaurant is open and at least 75% of the
seats are at tables.
4.
Personal service stores, such as but not limited to barbershop,
beauty shop, tailor and dry-cleaning store, provided that no dry cleaning
is done on the premises.
5.
Single-family detached dwellings.
6.
Two-family dwellings.
7.
Townhouses.
8.
Multifamily dwellings.
10.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
11.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
(b)
Uses subject to issuance of a special permit by the Planning Board, subject to the requirements of Section 19-6.2 of this Chapter:
1.
Funeral parlors.
3.
Public or quasi-public community centers, including meeting
rooms, recreation facilities, counseling and similar services.
4.
Places of worship, subject to the requirements of Section 19-3.15(2)(b)1 of this Chapter.
5.
Libraries, museums and art galleries.
6.
Art or craft studios or studios for teaching the performing
arts, provided that where there is music, any classes or group work
are concluded by 8:00 p.m.
7.
Business or professional offices where such uses are scaled
primarily to serve immediate neighborhood; for purposes of this Subsection
(2)(b)7, business or professional offices containing not more than
8,000 square feet of improved interior floor space shall be deemed
to be of a size that is called primarily to serve immediate neighborhood.
The 8,000 square feet of improved interior floor space limitation
set forth above is intended to limit all business or professional
offices on any lot within a C-1 Zone, including but not limited to
situations in which buildings are proposed with mixed uses. For any
proposal for mixed uses, the total, in combination, of business and/or
professional office use to be allowed as being scaled primarily to
serve immediate neighborhood shall be a total of 8,000 square feet
of improved interior floor space.
8.
Motor vehicle service stations or gasoline pumps as part of
another use, provided that:
(i)
No traffic hazard affecting the public safety will
be present.
(ii)
No sale of gasoline shall be permitted to be established
on any lot within a distance of 500 feet of an existing gasoline or
filling station or of any lot for which a building permit has been
issued for the erection of such a station or any use which includes
gasoline pumps.
(iii)
No such establishment shall be within a distance
of 200 feet of any school, public or private, religious institution,
hospital, library, park, nursing home, extended care facility or any
similar institution or other place of public assembly; said distance
to be measured in a straight line along or across a street between
the nearest points of each of the lots or premises, regardless of
the district where either premises is located.
(iv)
No such establishment shall be within a distance
of 30 feet of any R-1 through R-6, O-R or PRD District.
(v)
Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet (one-way), nor more than 24 feet (two-way);
shall not be located nearer than 10 feet to any lot line; and shall
be so laid out as to avoid the necessity of any vehicle backing into
any public right-of-way.
(vi)
Vehicle lifts or pits, dismantled automobiles,
all parts or supplies, goods, equipment, materials, refuse, garbage
or debris shall be located within a building enclosed on all sides.
(vii)
All service or repair of motor vehicles shall
be conducted in a building enclosed on all sides. This requirement
shall not be construed to mean that the doors to any repair shop must
be kept closed at all times.
(viii)
Gasoline or flammable oils in bulk shall be
stored fully underground, not nearer than 10 feet to any other lot
line and the top of the tank shall be not less than two feet below
the surface of the ground.
(ix)
Gasoline pumps or lubricating or other devices
shall be located not nearer than 20 feet to any street or other lot
line.
9.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this chapter.
10.
Mobile homes, subject to the requirements of Section 19-3.12(2)(b)4 of this chapter.[1]
[1]
Editor's Note: Said section was repealed.
11.
Family day-care homes.
12.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this chapter.
13.
Convenience stores/self-service gasoline pumps.
14.
Conversion of buildings in existence on the effective date of this chapter that do not meet minimum lot requirements to accommodate residential use or additional residential units, subject to the requirements of Section 19-3.15(2)(b)12 of this chapter.
15.
Membership clubs, catering exclusively to members and their
guests, provided that the following are prohibited:
(i)
Outdoor entertainment, live or mechanical.
(ii)
Use of outdoor public address systems.
(iii)
Exterior lighting other than that which is essential
for the safety of users of the premises.
(iv)
Location of any part of the building nearer than
30 feet to any street or property line, unless the property adjoins
a nonresidential district, in which case the yard requirements of
that district shall apply.
16.
Buildings with mixed uses, subject to the following requirements:
(i)
All lot and bulk requirements for each use are
satisfied.
(ii)
Separate entrances and exits shall be provided
for residential and nonresidential portions of the building.
(iii)
All nonresidential uses within buildings containing
mixed uses shall contain, in total, cumulatively, a quantity of improved
interior floor space not to exceed a total of 8,000 square feet of
improved interior floor space.
17.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
18.
Executive residence houses, provided that:
(i)
No sign or other display shall be erected that
identifies or advertises the renting of the premises for such use
or accessory uses.
(ii)
Said use shall be designed and maintained to enhance
the overall appearance of the surrounding neighborhood.
(iii)
Said use shall be treated as, and governed by
the provisions for, a multifamily dwelling for the purposes of Subsection
(3), Accessory uses, Subsection (4), Lot and bulk requirements, Subsection
(5) Parking and loading, and Subsection (6), Landscaping and screening,
of this section.
19.
Fast-food restaurants, provided that:
(i)
Eating on the premises shall be permitted only
inside the structure.
(ii)
No drive-in windows or walk-up windows shall be
permitted.
(iii)
No fast-food restaurants shall be permitted in
freestanding structures where the principal use for such structure
is for a fast-food restaurant.
(iv)
Fast-food restaurants shall be scaled primarily
to serve the immediate neighborhood; for purposes of this subsection,
a fast-food restaurant containing not more than 1,500 square feet
of improved interior floor space shall be deemed to be of a size that
is scaled primarily to serve the immediate neighborhood.
(v)
Off-street parking is to be provided at the rate
of one space per three seats or one space for each 300 square feet
of gross floor area, whichever is greater.
20.
Mini-marts, subject to the following requirements:
(i)
Mini-marts shall not exceed 400 square feet in
improved interior floor area, including but not limited to areas devoted
to sales, coolers, storage of goods sold in the mini-mart, office
space and any other facilities related to the operation of the mini-mart.
(ii)
Drive-up windows shall not be permitted.
(iii)
Arcade, game machines or any other coin-operated
electronic games are prohibited.
(iv)
At least two trash receptacles shall be located
next to the walkway for customer use.
(v)
An enclosed dumpster area shall be provided.
(vi)
Special consideration will be given to the impact
of noise, litter, lighting and traffic on adjacent properties.
(vii)
Off-street parking shall be provided at a rate
of one space for each 300 square feet of gross floor area. Said parking
spaces shall be in addition to those required for the service station.
(viii)
The sale of alcoholic beverages is prohibited.
(ix)
The physical boundaries of the mini-mart must
be clearly delineated on the site plan.
21.
Sports and entertainment complex.
[Added by Ord. No. O-11-24, 12-5-2011, § 1]
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area for one- and two-family dwellings and townhouses: same as R-3 [Section 19-3.14(4)].
(b)
Minimum required lot area per dwelling unit for multifamily
dwellings shall be as follows:
1.
Efficiency or one-bedroom unit: 2,200 square feet.
2.
Two-bedroom unit: 2,800 square feet.
3.
Three-or-more-bedroom unit: 4,000 square feet.
NOTE: The maximum residential density permitted is the same
as the Medium High-Density Residence R-4 District. If a higher density
is desired in a particular part of the City, a C-1A District could
be created where the only distinction would be residential density.
(c)
Minimum required lot area for nonresidential uses: none, unless
otherwise required herein.
(d)
Minimum required frontage: 40 feet.
(e)
Minimum required yards:
1.
One- and two-family dwellings and townhouses: same as R-3.
2.
For all other uses:
a.
Front: 10 feet; if corner lot, 15 feet.
b.
Side: none, except if provided, it must be at least six feet;
if a corner lot, side yard must be 15 feet. If lot adjoins an R-1
through R-4 Residential District, side yard must be equivalent to
requirement of said residential district, and in no case shall the
yard be less than 15 feet.
c.
Rear: 25 feet.
(f)
Maximum height: three stories or 40 feet.
(g)
Maximum lot coverage: 80%.
(h)
Required open space: same as Section 19-3.15(4)(i) of this chapter.
[Ord. of 6-1-1987, § 1; Ord. of 3-16-1992, § 4; Ord. of 2-21-1995, § 1;
Ord. of 4-11-1996, § 2]
(1)
Purpose of district. The purpose of this district
is to provide for and encourage a variety of retail businesses, business
and professional offices, service businesses, entertainment and cultural
establishments and related activities, such as parking and pedestrian
spaces, all designed to serve the City and the region; to encourage
the concentration of retail and service uses to achieve continuity
of frontage devoted to such purposes which will strengthen and complement
one another; further, it is a purpose of this district to protect
the major public investment made and to be made toward revitalization
of the central business area, a vital part of the City's tax base,
by conserving the value of land and buildings.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose other than those listed
below:
(a)
Uses permitted by right:
1.
Retail stores, except adult book stores as defined herein.
2.
Banks, including drive-in windows.
3.
Service business, such as but not limited to barbershops, beauty
parlors, tailors and dry-cleaning stores, custom dressmaker, jewelry
repair, shoe repair, travel agent, appliance repair and duplicating
business. Automotive service and/or repair are not permitted.
4.
Business, professional or governmental offices.
5.
Newspaper printing and job printing having not more than ten
(10) persons engaged therein.
6.
Manufacturing, assembling, converting, altering, finishing,
cleaning or any other processing of products where goods so produced
or processed are to be sold at retail, exclusively on the premises,
provided that:
(i)
Only an area fully concealed from any street and
equal to not more than 20% of the area devoted to retail sales may
be used for such purpose.
(ii)
Electrical power not exceeding a total of 100
horsepower in electric motive power may be used exclusively, except
that installation of 10 horsepower or less using fuel other than electricity
may be used upon a finding by the Director of Public Works that said
installation shall be free of nuisance characteristics and will have
no adverse affect on neighboring uses.
7.
Standard restaurants, provided that meals are served at least
twice a day each day that the restaurant is open and 75 of the seats
are at tables.
8.
Libraries, art galleries and museums.
9.
Arts and crafts studios or studios for teaching performing arts.
10.
Private transportation service, excluding garage and maintenance
facilities.
11.
Taxi station.
12.
Auto rental office.
13.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
14.
Multiple dwellings in new structures at urban density (R-6), provided that the first floor is devoted to retail or service use; and further provided that the usable open space requirements of Section 19-3.15(4)(i) are satisfied.
(b)
Uses subject to issuance of a special permit by the Planning Board, subject to the requirements of Section 19-6.2 of this Chapter:
1.
Public or quasi-public community centers, including meeting
rooms, recreation facilities, counseling and similar services and
places of worship; except none of these uses may be located on the
ground floor; a place of worship which is to occupy a structure originally
built for such purpose may occupy the ground floor.
2.
Hospitals for human beings.
3.
Hotels, motels and conference facilities.
4.
Institutions for higher learning, business, vocational and training
schools, including colleges, universities, junior colleges, business,
banking, business management, secretarial and office services schools,
computer and data processing schools, art and drafting schools, barber,
beauty and cosmetology schools, commercial or noncommercial food preparation
schools, photography schools, schools for training in the martial
arts, dancing, gymnastics and music, schools for fashion design; subject
to the following requirements:
(i)
The curriculum shall satisfy the requirements of
the New York State Department of Education;
(ii)
No accommodations for resident students shall
be permitted;
(iii)
No music or noise shall be audible beyond the
immediate premises; and
(iv)
Such use shall not occur on the ground floor of
any structure along the Main Mall.
5.
Movie and legitimate theaters, other than drive-in-type and
adult motion picture and mini-motion picture theaters, as defined
herein.
6.
Drinking establishments, discotheques or nightclubs, except
adult cabaret, as defined herein.
8.
Dance halls, billiard parlors, bowling alleys, skating rinks,
provided that such use is not on the street level.
9.
Radio, television or recording studios.
10.
As a means of preserving existing sound buildings, especially
historically or architecturally significant structures, as well as
to encourage population in the central business area and provide an
additional housing resource, conversion of existing buildings that
do not meet minimum lot size requirements to residential use or additional
residential units, provided that:
(i)
A building is in existence on the effective date
of this Chapter.
(ii)
No dwelling unit shall contain more than one bedroom.
(iii)
The minimum floor area of a dwelling unit not
containing a separate bedroom shall be 400 square feet, of which a
minimum of 35 square feet shall be a bathroom and a minimum of 60
square feet shall be a kitchen or kitchen area.
(iv)
The minimum floor area of a one-bedroom dwelling
unit shall be 600 square feet, of which a minimum of 35 square feet
shall be a bathroom, and 60 square feet shall be a kitchen, and a
minimum of 120 square feet shall be a bedroom.
11.
Funeral parlors.
12.
Fast food restaurant, provided that eating on the premises shall
be permitted only inside the structure or in areas specifically designated
and properly maintained outside of the structure.
13.
Transportation terminals, including sales of tickets, waiting
area, restaurants and newspaper and candy shops.
14.
Light manufacturing, processing, assembly activities, provided
that such activities are designed, constructed and enclosed so that
there will be no observable external evidence thereof, other than
loading and unloading functions. Industrial uses involving primary
production from raw materials, such as but not limited to asphalt,
cement, charcoal, fuel briquettes, chemicals and similar products
which may be dangerous, offensive or create nuisances; and processes,
whether or not related to such production, including but not limited
to nitrating, milling, reduction, refining, melting, alloying and
distillation, shall be prohibited. The special permit may be granted,
subject to the following use restrictions:
(i)
Any light manufacturing, processing or assembly
activity approved under this special permit provision shall not be
located on the ground floor of the building in which such use is conducted.
(ii)
No smoke, gas, dust, fumes, odors or any other
atmospheric pollutant, radiation, noise, glare or vibration shall
be disseminated beyond the building in which such use is conducted.
(iii)
Such use shall not constitute a fire, explosion,
health, personal safety or other hazard.
15.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this Chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
16.
Convenience store/self-service gasoline pumps, subject to the
following requirements:
(i)
The principal use of the property shall be considered a convenience store in accordance with the definition section or Section 19-2.2 of the Code of Ordinances of the City of Poughkeepsie, with self-service gasoline pumps allowed only as a subordinate use of the property.
(ii)
The convenience store/self-service gasoline pumps must be located on a lot facing an intersection with street frontage on both a city arterial highway as defined in Chapter 13, Section 13-305, of the City of Poughkeepsie Code of Ordinances and frontage on a through street as defined in Chapter 13, Section 13-174, of the City of Poughkeepsie Code of Ordinances. Said lot shall not have any frontage on a New York State arterial highway or road.
(iii)
Each street frontage must provide a curb cut
which shall not be located any closer than 80 feet to any street intersection;
and each curb cut must provide both an ingress and an egress to the
site.
(iv)
The self-service gas pumps must have a minimum
setback of at least 20 feet from any property boundary.
(v)
The minimum required lot area for a convenience
store must be 15,000 square feet.
(vi)
At least two trash receptacles shall be located
next to the walkway for customer use.
17.
Skilled nursing homes, provided that the building is placed
on a lot which contains a minimum lot area of 1 1/2 acres.
18.
Work/live lofts, subject to the following requirements:
(i)
Each such loft shall have a minimum floor area
of 800 square feet, of which a minimum area shall be devoted to the
following: 35 square feet for an enclosed bathroom, 60 square feet
for a kitchen or kitchenette and 120 square feet for a sleeping area.
(ii)
No such loft shall be located on the ground level
floor of a building.
(iii)
No signs or displays shall be permitted in association
with such loft, except one sign not to exceed one square foot in size.
(iv)
No such loft shall be used as a retail shop, gallery
or any other use which relies on regular customer or client visitation
as a normal part of its operation.
(v)
No such loft shall serve as a place from which
commercial vehicles are dispatched or operated.
(vi)
No such loft shall be occupied as a residence
of more than two persons.
(vii)
Off-street parking shall be provided in accordance with the provisions of Section 19-4.3 of this Chapter, and such space shall be located either on premises or within 1,320 feet of the premises in a municipally operated off-street parking facility or a privately owned and operated parking area.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area: none.
(b)
Maximum lot coverage of principal and accessory buildings: 100%,
except, where applicable, the following minimum yards and setbacks
shall apply:
1.
Front yard. Where the block frontage is located partly in the
C-2 District and partly in an R-1 through R-6 or O-R District, the
front yard requirement of the R or O-R District shall apply in the
C-2 District.
2.
Side yard. Where the side of a lot in the C-2 District abuts
upon the side of a lot in an R or O-R District, there shall be a side
yard of not less than the side yard required in the abutting R or
O-R District. In all other cases a side yard for a commercial building
shall not be required but, if provided, shall not be less than six
feet in width.
3.
Rear yard. Where the C-2 District abuts upon an R or O-R District,
there shall be a rear yard of not less than 15% of the depth of the
lot, but such a rear yard need not exceed 20 feet. In all other cases
a rear yard is not required, except that if one is provided it shall
not be less than eight feet in depth. In the case of a corner lot
abutting a nonresidential district on both streets, both interior
property lines shall be considered to be side lot lines. (Note: This
avoids the need for a rear yard on a corner lot in a C-2 District
which would disrupt the continuity of frontage.)
(c)
Maximum floor area ratio (FAR).
1.
For building on lots containing 5,000 square feet or less, a
maximum FAR of 4.0 is allowed.
2.
For each 1,000 square feet of lot area in excess of 5,000 square
feet, an additional FAR of 1.0 may be added to the basic FAR of 4.0,
to a maximum FAR of nine and 9.0.
3.
Upon approval by the Planning Board, a bonus FAR of 1.0 may
be added if the proposed use or occupancy of 75% or more of the leasable
floor area of the ground floor of a building is for retail, restaurant
or banking activity.
4.
In no instance shall the maximum FAR allowed exceed 10.0.
(d)
Height limitation. The maximum height of a building shall be
100 feet, measured from the street, road or driveway providing access
for fire-fighting equipment, to the roof line. Except as provided
below, no building shall exceed 10 stories in height.
1.
Waiver of height limitation. In the site plan review process,
the Planning Board may approve an application for construction of
a building in excess of the one-hundred-foot height limitation, but
not in excess of 120 feet, or in excess of 10 stories but not exceeding
12 stories, conditioned upon the review and approval by the Fire Chief
of detailed construction drawings which incorporate all fire safety
elements as mandated by the State Building Construction Code, Pamphlet
No. 14 of the National Fire Codes entitled "Standpipe and Hose Systems,"
and any other requirements as specified by the Fire Chief or Fire
Inspector which shall ensure the maximum protection of life and property
against fire hazards.
(e)
Upper-story setbacks on principal buildings. In
order to ensure that building height extensions or the construction
of new principal buildings on infill lots do not create new nonconformities
to preexisting adjacent structures with regard to wall openings and
other requirements of the Uniform Fire Prevention and Building Code,
or create functionally obsolete wall openings for the purposes of
light and ventilation, or obstruct access of emergency service vehicles
to upper floors of existing adjacent structures, the following setback
requirements shall apply:
[Added by Ord. No. O-15-06, 8-24-2015, § 1]
1.
Where a height extension is proposed on an existing principal building,
said extension shall be set back a minimum of five feet from any preexisting,
legal exterior wall openings, such as windows, of an adjacent principal
building located on an abutting lot.
2.
The construction of a new principal building on a lot that abuts
a lot with a preexisting principal building with a side yard setback
of zero is permitted to be constructed with a side yard setback of
zero on the first floor. However, for all additional floors above
the first floor, a setback of at least five feet shall be required
from any existing exterior wall openings, such as windows, of the
adjacent preexisting principal building. The setback shall be measured
from the lot line.
(5)
Parking and loading. Off-street parking and loading spaces shall be provided, subject to the requirements of Section 19-4.3 of this Chapter.
(6)
Landscaping and screening. Landscaping and screening shall be provided, subject to the requirements of Section 19-4.11 of this Chapter.
(7)
Facade review. Any new facade or change in the facade
of an existing building shall be reviewed by the Planning Board in
accordance with the rules and procedures established by said Board.
[Ord. of 2-21-1989, § 1; Ord. of 5-6-1991, § 3; 5-15-2023 by L.L. No. 5-2023]
(1)
Purpose of district. The purpose of this district
is to provide for a wide range of commercial uses which would normally
be located on roadways that experience high traffic volumes and that
are located adjacent to or in close proximity to residential uses.
(2)
Permitted uses. No building or premises shall
be used, in whole or in part for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Retail stores and service businesses.
2.
Wholesale businesses, warehouses and building material sales,
provided that all storage is fully enclosed by a permanent structure,
but excluding storage of coal, coke, fuel oil or junk.
3.
Building, plumbing and electrical contractors.
4.
Cold storage plant, beverage distributor, baking and other food
processing plant that is not offensive, obnoxious or detrimental to
neighboring uses by reason of dust, smoke, vibration, noise, odor
or effluent.
5.
Motor vehicle sales, including the sale of recreation vehicles
and trailers and boat sales, with accessory repair facilities, subject
to the following requirements:
(i)
Sale of used vehicles or boats shall be conducted
only as accessory to the sale of new vehicles or boats.
(ii)
Outdoor area lighting shall be that generally
required for security purposes.
(iii)
Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet (one-way), shall not be located closer
than 10 feet to any property line and shall be so laid out as to avoid
the necessity of any vehicle backing out into any public right-of-way.
(iv)
Vehicle lifts or pits, dismantled vehicles and
all parts and supplies shall be located within a building enclosed
on all sides.
(v)
All service or repair of motor vehicles shall be
conducted in a building enclosed on all sides. This requirement shall
not be construed to mean that the doors to any repair shop must be
kept closed at all times.
(vi)
Gasoline or flammable oils in bulk shall be stored
fully underground, not nearer than 10 feet to any lot line.
(vii)
No commercial sale of gasoline shall be permitted,
nor shall any pump be located in a front or side yard.
6.
Standard restaurants.
7.
Dry-cleaning establishments.
8.
Funeral parlors.
9.
Retail sale and accessory storage and display of garden materials,
supplies and plants, including nursery operations, provided that the
outdoor storage or display of plants and material does not obstruct
pedestrian flow or vehicular traffic and does not occur within three
feet of a property line.
10.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof:
11.
Public utility installations.
12.
Places of worship.
13.
Printing plants.
14.
Taxi station.
15.
Auto rental.
16.
Radio, television and recording studio.
17.
Arts and crafts studios or studios for teaching the performing
arts.
(b)
Uses, subject to issuance of special permit by the Planning Board in accordance with Section 19-6.2 of this Chapter.
1.
Research and development uses, provided that any manufacturing
shall be limited to prototypes and products for testing.
2.
Institutions for higher learning, business, vocational and training
schools, including colleges, universities, junior colleges, business,
banking, business management, secretarial and office service schools,
computer and data processing schools, art and drafting schools, barber,
beauty and cosmetology schools, commercial or noncommercial food preparation
schools, photography schools, schools for training in the martial
arts, dancing, gymnastics and music, schools for fashion design; under
the following conditions:
3.
Motor vehicle service stations or gasoline pumps as part of
another use, provided that:
(i)
No traffic hazard affecting the public safety will
be present.
(ii)
No sale of gasoline shall be permitted to be established
on any lot within a distance of 500 feet of an existing gasoline or
filling station or of any lot for which a building permit has been
issued for the erection of such a station or any use which includes
gasoline pumps.
(iii)
No such establishment shall be within a distance
of 200 feet of any school, public or private; religious institution,
hospital, library, park, nursing home, extended care facility or any
similar institution or other place of public assembly; said distance
to be measured in a straight line along or across a street between
the nearest points of each of the lots or premises, regardless of
the district where either premises is located.
(iv)
No such establishment shall be within a distance
of 30 feet of any R-1 through R-6, O-R or PRD District or a property
on or eligible for a federal, state or local historic register.
(v)
Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet (one-way), nor more than 24 feet (two-ways);
shall not be located nearer than 10 feet to any lot line; and shall
be so laid out as to avoid the necessity of any vehicle backing into
any public right-of-way.
(vi)
Vehicle lifts or pits, dismantled automobiles,
all parts or supplies, goods, equipment, materials, refuse, garbage
or debris shall be located within a building enclosed on all sides.
(vii)
All service or repair of motor vehicles shall
be conducted in a building enclosed on all sides. The requirement
shall not be construed to mean that the doors to any repair shop must
be kept closed at all times.
(viii)
Gasoline or flammable oils in bulk shall be
stored fully underground, not nearer than 10 feet to any other lot
line and the top of the tank shall be not less than two feet below
the surface of the ground.
(ix)
Gasoline pumps or lubricating or other devices
shall be located not nearer than 20 feet from any street or other
lot line.
4.
Membership clubs catering exclusively to members and their guests
and private playgrounds, swimming pools, tennis courts and recreational
buildings, except the following are prohibited:
(i)
Exterior lighting other than that which is essential
for the safety of users of the premises.
(ii)
Location of any part of the building nearer than
30 feet to any street or property line unless the property adjoins
a nonresidential district in which case the yard requirements of that
district shall apply.
5.
Fast-food restaurants, provided that eating on the premises
of the fast-food restaurant shall be permitted only inside the structure
or in areas specifically designated and properly maintained outside
of the structure, and provided that the premises is not adjacent to
or abutting a property on or eligible for a federal, state or local
historic register.
6.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this Chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
7.
Mini-marts, subject to the following requirements:
(i)
Mini-marts shall not exceed 400 square feet in
improved interior floor area, including but not limited to areas devoted
to sales, coolers, storage of goods sold in the mini-mart, office
space and any other facilities related to the operation of the mini-mart.
(ii)
Drive-up windows shall not be permitted.
(iii)
Arcade, game machines or any other coin-operated
electronic games are prohibited.
(iv)
At least two trash receptacles shall be located
next to the walkway for customer use.
(v)
An enclosed dumpster area shall be provided.
(vi)
Special consideration will be given to the impact
of noise, litter, lighting and traffic on adjacent properties.
(vii)
Off-street parking shall be provided at a rate
of one space for each 300 square feet of gross floor area. Said parking
spaces shall be in addition to those required for the service station.
(viii)
The sale of alcoholic beverages is prohibited.
(ix)
The physical boundaries of the mini-mart must
be dearly delineated on the site plan.
8.
Multiple dwellings in new structures at urban density (R-6), provided that the first floor is devoted to commercial use; and further provided that the usable open space requirements of Section 19-3.15(4)(i) are satisfied.
9.
As a means of preserving existing sound buildings, especially historically
or architecturally significant structures, as well as to encourage
population in the central business area and provide an additional
housing resource, conversion of existing buildings that do not meet
minimum lot size requirements to residential use or additional residential
units, provided that:
(i)
A building is in existence on the effective date of this chapter.
(ii)
All Main Street-facing ground floor uses shall be limited to
nonresidential uses.
(iii)
No dwelling unit shall contain more than two bedrooms.
(iv)
The minimum floor area of a dwelling unit not containing a separate
bedroom shall be 400 square feet.
(v)
The minimum floor area of a one-bedroom dwelling unit shall
be 600 square feet.
(vi)
The minimum floor area of a two-bedroom dwelling unit shall
be 750 square feet.
(3)
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum lot area required: none.
(b)
Minimum required frontage: 40 feet.
(c)
Minimum required yards:
1.
Front: 10 feet.
2.
Side: 10 feet.
3.
Rear: 20 feet.
|
Except as otherwise specified, where a use in a C-2A District
is within 50 feet of an R-1 through R-6 District or property on or
eligible for a federal, state or local historic register, a landscaped
buffer of at least 20 feet shall be provided along the property line.
|
(d)
Maximum FAR: 2.0.
(e)
Maximum lot coverage: 60%.
[Ord. of 5-6-1991, § 4; Ord. of 12-19-1994, § 1; Ord. of 12-19-1995, § 1; Ord. No. O-06-12, § 1]
(1)
Purpose of district: The purpose of this district
is to provide for a wide range of commercial and limited industrial
uses along major arterials; to accommodate uses that benefit from
large numbers of motorists and that need fairly large parcels of land.
Residential development is excluded from this district except as a
means of preserving existing sound buildings.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Retail stores and service businesses.
2.
Wholesale businesses, warehouses and building material storage
and sale, but excluding storage of coal, coke, fuel oil or junk.
3.
Building, plumbing and electrical contractors.
4.
Cold storage plant, beverage distributor, baking and other food
processing plant that is not offensive, obnoxious or detrimental to
neighboring uses by reason of dust, smoke, vibration, noise, odor
or effluent.
5.
Automobile repair (heavy and light) and motor vehicle service
stations and gasoline pumps as part of another use, except that such
use shall not be located nearer than 30 feet to any R-1 through R-6
or O-R or PRD District.
6.
Auto washes.
7.
Standard restaurants.
8.
Animal hospitals and boarding and/or breeding of animals, provided
that no outdoor runs shall be permitted within 100 feet of an R-1
through R-6 Residential District.
9.
Dry-cleaning establishments.
10.
Funeral parlors.
11.
Retail sale and accessory storage and display of garden materials,
supplies and plants, including nursery operations, provided that the
outdoor storage or display of plants and material does not obstruct
pedestrian flow or vehicular traffic and does not occur within three
feet of a property line.
12.
Hotels, motels and conference facilities.
13.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
14.
Public utility installations.
15.
Places of worship.
16.
Printing plants.
17.
Discotheques or nightclubs, except an adult cabaret as defined herein shall require a special permit in accordance with Section 19-3.24(2)(b)3 of this chapter.
18.
Commercial recreation, such as but not limited to tennis clubs,
skating rinks, dance halls, billiard parlors, bowling alleys, health
clubs and uses normally accessory thereto (lockers, restaurant, retail
sale of goods associated with the particular activity).
19.
Private transportation service, including garage and maintenance
facilities.
20.
Taxi station.
21.
Auto rental.
22.
Radio, television and recording studio.
23.
Arts and crafts studios or studios for teaching the performing
arts.
(b)
Uses subject to issuance of a special permit by the Planning Board in accordance with Section 19-6.2 of this chapter.
1.
Research and development uses, provided that any manufacturing
shall be limited to prototypes and products for testing.
2.
Institutions for higher learning, business, vocational and training
schools, including colleges, universities, junior colleges, business,
banking, business management, secretarial and office service schools,
computer and data processing schools, art and drafting schools, barber,
beauty and cosmetology schools, commercial or noncommercial food preparation
schools, photography schools, schools for training in the martial
arts, dancing, gymnastics and music, schools for fashion design; under
the following conditions:
3.
Adult motion picture theaters, adult minimotion picture theaters,
adult cabarets and adult book stores, provided that:
(i)
None of the above uses may be located within 500
feet of any point of a lot within an R-1 through R-6, O-R or PRD District.
(ii)
None of the above uses may be located within 500
feet of any point of any lot with another such use, except that such
restrictions may be waived by the City Council if it is found:
a.
That the proposed use will not be contrary to the
public interest or injurious to nearby properties and that the spirit
and intent of this chapter will be observed;
b.
That the proposed use will not enlarge or encourage
the development of a skid row area; and
c.
That the establishment of an additional use of this
type in the area will not be contrary to any program of neighborhood
conservation or improvement, either residential or nonresidential.
4.
Membership clubs catering exclusively to members and their guests
and private playgrounds, swimming pools, tennis courts and recreational
buildings, except the following are prohibited:
(i)
Exterior lighting other than that which is essential
for the safety of users of the premises.
(ii)
Location of any part of the building nearer than
30 feet to any street or property line unless the property adjoins
a nonresidential district, in which case the yard requirements of
that district shall apply.
5.
Fast-food restaurants, provided that eating on the premises
of the fast-food restaurant shall be permitted only inside the structure
or in areas specifically designated and properly maintained outside
of the structure.
6.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
7.
Mini-marts, subject to the following requirements:
(i)
Mini-marts shall not exceed 400 square feet in
improved interior floor area, including but not limited to areas devoted
to sales, coolers, storage of goods sold in the mini-mart, office
space and any other facilities related to the operation of the mini-mart.
(ii)
Drive-up windows shall not be permitted.
(iii)
Arcade, game machines or any other coin-operated
electronic games are prohibited.
(iv)
At least two trash receptacles shall be located
next to the walkway for customer use.
(v)
An enclosed dumpster area shall be provided.
(vi)
Special consideration will be given to the impact
of noise, litter, lighting and traffic on adjacent properties.
(vii)
Off-street parking shall be provided at a rate
of one space for each 300 square feet of gross floor area. Said parking
spaces shall be in addition to those required for the service station.
(viii)
The sale of alcoholic beverages is prohibited.
(ix)
The physical boundaries of the mini-mart must
be clearly delineated on the site plan.
8.
Motor vehicle sales, including the sale of recreation vehicles
and trailers and boat sales and, if desired, accessory repair facilities.
All of the above is subject to the following requirements:
(i)
The sale of used motor vehicles or boats shall
be permitted as long as 75% of the stock is a model that is only five
years old or less.
(ii)
Outdoor area. Lighting shall be that generally
required for security purposes.
(iii)
Entrance and exit driveways shall have an unrestricted
width of not less than 12 feet (one-way); shall not be located closer
than 10 feet to any property line; and shall be so laid out as to
avoid the necessity of any vehicle backing out into any public right-of-way.
(iv)
Vehicle lifts or pits, dismantled vehicles and
all parts and supplies shall be located within a building enclosed
on all sides.
(v)
All services or repair of motor vehicles shall
be conducted in a building enclosed on all sides. This requirement
shall not be construed to mean that the doors to any repair shop must
be kept closed at all times.
(vi)
Gasoline or flammable oils in bulk shall be stored
fully above the ground and not nearer than 10 feet to any other lot.
(vii)
No commercial sale of gasoline shall be permitted,
nor shall any pump be located in a front or side yard.
(viii)
The body of each vehicle or boat on the premises
must be substantially rust-free and must have no damages in excess
of $500.
(ix)
There shall be permitted no more than one freestanding sign and one wall sign. The freestanding sign shall be a maximum height of 15 feet and a maximum area (square feet) of 24 feet. Such freestanding signs are limited to a pole-type sign with no guy wire. All freestanding signs shall be located within and not overhang the property line. The location and design of such signs shall be chosen so as not to present a hazard to pedestrian or vehicular traffic. Wall signs shall adhere to the requirements outlined under Section 19-4.9(11) of this chapter.
(x)
All lot and bulk requirements must be adhered to as outlined under Section 19-3.24(4) of this chapter.
9.
As a means of preserving existing sound buildings, especially
historically or architecturally significant structures, as well as
to encourage population and additional housing resources in the central
business area, conversion of existing buildings that do not meet minimum
lot size requirement to residential use or additional residential
units including work/live lofts, provided that:
(i)
A building is in existence on the effective date
of this chapter.
(ii)
No dwelling unit shall contain more than two bedrooms.
(iii)
The minimum floor area of a dwelling unit not
containing a separate bedroom shall be 400 square feet.
(iv)
The minimum floor area of a one-bedroom dwelling
unit shall be 600 square feet.
(v)
The minimum floor area of a two-bedroom dwelling
unit shall be 750 square feet.
(vi)
The minimum floor area for a work/live loft shall
be 800 square feet; and no such loft shall be used as a retail shop,
gallery or any other use which relies on regular customer or client
visitation as a normal part of its operation. No such loft shall serve
as a place from which, commercial vehicles are dispatched or operated.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
[L.L. No. 2-2013, 10-7-2013, § 1]
(1)
Establishment, purpose, and intent. The City of Poughkeepsie hereby establishes the Walkway-Gateway District (W-G), as further described in Subsection (2) below. The area encompassed by the W-G District, most of which developed around the Poughkeepsie-Highland Railroad Bridge in the 19th Century, attracts hundreds of thousands of visitors each year to Walkway Over the Hudson State Historic Park and serves as a gateway for both residents and visitors. The purpose of the Walkway-Gateway (W-G) District is to revitalize this mixed industrial and residential area of the City so that it becomes a vibrant and attractive walkable mixed-use neighborhood where people will want to live, shop and invest. An additional purpose of this District is to encourage visitors to the Walkway and the Dutchess Rail-Trail to visit surrounding areas, before or after their visit, in order to help revitalize the neighborhood. Specifically, the intent of the District is to:
(a)
Enhance the quality of the City's built environment and promote
site layout and architectural design that is compatible with the historic
character of the community and the national prominence of the Walkway
Over the Hudson State Historic Park.
(b)
Provide for the safety and comfort of pedestrians through an
interconnected network of sidewalks and trails so that work, shopping,
schools, and recreation will be within walking distance of each other,
allowing independence to those who do not drive.
(c)
Provide an interconnected network of streets, bicycle routes,
and bicycle lanes to disperse traffic so that the City's vehicular
system will be easy to navigate for both bicyclists and drivers.
(d)
Promote the development of new residential and mixed uses at
densities sufficient to encourage public transit use for residents
and visitors.
(e)
Strengthen the economic base of the City by providing expanded
opportunities for residential and commercial mixed-use development,
removing barriers to adaptive reuse of former industrial buildings,
facilitating remediation of distressed properties, and encouraging
the use of open and vacant lands for community gardens and landscaping.
(f)
Incorporate green infrastructure and green development practices
for stormwater management and renewable energy into the development
review process.
(g)
In mixed-use buildings, encourage ground floor uses that generate
and serve pedestrian traffic, such as retail, personal services and
restaurants.
(h)
Facilitate the preservation, renovation, and adaptive reuse
of historic buildings.
(i)
Provide for a range of visually and physically accessible civic
spaces within the District including parks, plazas, playgrounds, squares
and greenways for the enjoyment of residents and visitors and for
the creation of comfortable and sociable spaces for celebrations and
events.
(j)
Encourage the continued use of factory buildings for viable
light manufacturing uses, which provide local jobs for residents,
when such uses are compatible with nearby residential and tourism-oriented
uses.
(k)
Implement the goals and recommendations of the City's Comprehensive
Plan and the Hudson River Valley Greenway Compact.
(2)
Subdistricts:
(a)
The W-G District applies to the area shown as the Walkway-Gateway
District (W-G) District on the City Zoning Map, which is annexed hereto
to amend said Zoning Map. The W-G District consists of three subdistricts
as shown on the Zoning Map: the Gateway Residential Mixed-Use (G-RM)
Subdistrict, the Gateway Commercial Mixed-Use (G-CM) Subdistrict and
the Gateway Office Manufacturing (G-OM) Subdistrict.
 |
1.
The G-RM Subdistrict is a medium-density urban neighborhood
consisting mostly of a mix of residences (including single-family,
two-family, multifamily and rowhouses) as well as home occupations
and a variety of small-scale nonresidential uses. This is a desirable
character that the G-RM Subdistrict seeks to retain.
2.
The G-CM Subdistrict is an area with traditional neighborhood
retail and other small-scale commercial uses that adjoin residential
neighborhoods, primarily at intersections and near the Walkway entrances
on Parker Avenue. The G-CM Subdistrict is intended to encourage vertical
mixed-use shop-front buildings with first floor retail, personal service,
and entertainment uses and second and third stories used primarily
for offices, hospitality uses and apartments.
3.
The G-OM Subdistrict is an area where continued use of existing
factory buildings as employment centers is encouraged. Vacant or underused
buildings are encouraged to be adaptively reused for a mix of new
and existing uses, especially low impact light manufacturing.
(b)
The Walkway-Gateway District and its subdistricts are intended
to have the following characteristics:
1.
Streets designed to safely integrate pedestrians, bicycles and
cars.
2.
Short front setbacks to encourage pedestrian-friendly streets.
3.
A balanced mix of activities including work, schools, public
spaces, shopping and a diversity of housing choices within walking
distance of one another.
4.
Usable and attractive public spaces complemented by smaller
private spaces in side yards and back yards.
5.
Ample sidewalks and street trees, with building frontages whose
windows and doors are oriented toward the sidewalk, forming a consistent
street wall that is hospitable and inviting to pedestrians.
6.
Pedestrian-scale neighborhood amenities such as pocket parks,
lighting, benches, information kiosks, landscaping and planters that
enhance the overall appearance of the streetscape.
7.
Architectural design that promotes a high-quality pedestrian-oriented
public realm consistent with the historic character of the City.
Figure 1: The Walkway-Gateway Illustrative Plan
shows an example of the desired neighborhood character in the G-RM
and G-CM Subdistricts.
|
(3)
Applicability.
(a)
The provisions of this Section 19-3.25 shall apply to the W-G District and shall be in addition to other requirements of the City Zoning Ordinance. In the event of any conflict, the provisions of this section shall control.
(c)
This section uses the terms "shall" when a standard is required
and "should" when the standard is to be applied unless the Planning
Board finds strong justification for an alternative solution in an
unusual and specific circumstance. The term "encouraged" means preferred
but not required.
(d)
In order to encourage mixed uses, more than one principal building
and more than one principal use shall be allowed on any lot or parcel
in the G-CM and G-OM subdistricts, subject to all approval criteria
contained herein.
(e)
To promote optimum use of a parcel in the future, applicants
may be required to prepare a conceptual master plan for their entire
parcel whenever an application to subdivide or develop a portion of
a larger parcel is submitted. The development of a master plan is
intended to ensure that partial development or subdivision of a parcel
will not preclude future development consistent with the purposes
of the W-G District. Master plans may be developed at various levels
of detail. Generally, the more specific the master plan, the less
review that will be required as the future permitted uses are built.
In reviewing and approving a conceptual master plan, the Planning
Board shall indicate the extent to which the plan will be binding
upon future decisions with respect to other portions of the parcel.
(4)
Permitted uses.
(a)
The uses permitted by right or by special use permit in one or more of the W-G subdistricts are as specified in Table 3.25-1. Unless otherwise indicated in Section 19-3.25(5), all such uses require site plan review by the Planning Board to ensure that the development application is in compliance with the standards enumerated herein. Such review is to be conducted in an expedited fashion pursuant to Section 19-3.25(18) below.
(b)
Uses subject to a special use permit are allowed in accordance with Section 19-6.2 of the Zoning Ordinance, upon a finding that the proposed use is consistent with the City of Poughkeepsie Comprehensive Plan, will enhance the architectural character of the neighborhood, and will benefit the pedestrian-friendly qualities of the Walkway-Gateway District. Unless otherwise noted, site plan review shall be required of special permit uses in accordance with Section 19-3.25(18) and such site plan review shall be integrated into the special use permit process to the extent practical.
|
Table 3.25-1: Uses Permitted by Subdistrict
| |||
|---|---|---|---|
|
KEY: P = Permitted, S = Special Use, (2) = 2nd Floor & Above *(letter) = Special Conditions Apply
| |||
|
Use
|
G-RM
|
G-CM
|
G-OM
|
|
Accessory apartment in a single-family dwelling clearly subordinate
to such dwelling
|
P*(i)
| ||
|
Agriculture
|
S*(g)
|
S*(g)
| |
|
Apartments on upper stories of shopfront buildings
|
P(2)
|
P(2)
| |
|
Artist studio, art gallery, artisanal use
|
P
|
P
|
P
|
|
Bakery (industrial)
|
P
| ||
|
Bakery (retail)
|
P
| ||
|
Bed and breakfast
|
P
|
P
| |
|
Building, plumbing and electrical contractors
|
P*(j)
| ||
|
Cultural center or cultural facility with a gross floor area
of < 20,000 sq. ft.
|
P
|
P
| |
|
Day-care center, and family day-care home
|
S
|
S
| |
|
Farmers' market, permanent
|
S*(g-8)
|
S*(g-8)
|
S*(g-8)
|
|
Farmers' market, seasonal
|
S*(g-8)
|
S*(g-9)
|
S*(g-9)
|
|
Fitness center
|
P
|
P
| |
|
Green roofs or roof gardens
|
P
|
P
|
P
|
|
Home occupation subject to § 19-4.1
|
P
|
P
|
P
|
|
Hotel
|
P
|
P
| |
|
Light manufacturing in existing buildings and lots
|
S*(f)(j)
| ||
|
Inn with no more than 12 rooms
|
P
|
P
| |
|
Live-work unit
|
P
|
P
|
P
|
|
New buildings of 20,000 square feet or larger
|
S*(e)
|
S*(e)
| |
|
Offices
|
P
|
P
| |
|
Parking structure on the upper floors of a shopfront building
|
P(2)*(d)
|
P(2)*(d)
| |
|
Parks, plazas, playgrounds, squares, greenways & recreational
facilities
|
P
|
P
|
P
|
|
Personal service establishment
|
P
| ||
|
Place of worship
|
S
| ||
|
Public uses/community services
|
P
|
P
| |
|
Public, private and parochial school subject to § 19-3.12(2)(a)4
|
P
|
P
| |
|
Rental of two rooms or less by the resident family
|
P
| ||
|
Restaurant
|
P
| ||
|
Retail establishment on the upper floor of a shopfront building
|
S(2)
| ||
|
Retail establishment < 4,000 sq. ft.
|
P*(b)
| ||
|
Retail establishment 4,000 to < 8,000 sq. ft.
|
SP*(b)
| ||
|
Roof or utility pole mounted telecommunications antennas
|
S*(h)
|
S*(h)
| |
|
Single-family, two-family, rowhouses, multifamily
|
P*(a)
| ||
|
Surface parking lot
|
P*(c)
|
P*(c)
| |
(5)
Special conditions. The following special conditions,
identified by a "*(letter)" in Table 3.25-1,
apply to the permitted and special permit uses listed in Table 3.25-1:
(a)
Single-family or two-family dwellings and associated residential
accessory structures shall not require site plan review.
(b)
Rentals of bicycles, roller and in-line skating equipment incidental
to retail sales of the same items is permitted.
(c)
All parking spaces shall be set back at least 40 feet from the
front lot line and screened from the view of the street.
(d)
Parking structures shall meet the architectural and site design standards of this Section 19-3.25. Parking shall be accessed from the rear of the lot if feasible.
(e)
New buildings with a footprint of 20,000 square feet or more
may be permitted provided that:
1.
The building design complies with the building design standards in Section 19-3.25(10) herein; and
2.
A thorough analysis of the proposed building design has been
prepared demonstrating that it is consistent with the character of
the District and with surrounding buildings in regards to building
scale, height, proportion, and materials; and
3.
The building complies with the intent and purposes of the Walkway-Gateway
Zoning District.
(f)
Light manufacturing uses in existing buildings and lots may continue as provided in Article V of the City Zoning Ordinance. If a change of use or a physical expansion of use is requested, the City Planning Board shall apply the standards of this Section 19-3.25 and other sections of the City Zoning Ordinance that apply, to the extent economically feasible.
(g)
Agriculture shall comply with the following standards:
1.
Agriculture-related accessory structures are restricted to an
area of 1,000 square feet in size and a maximum height of 12 feet.
2.
Apiaries must register with the City of Poughkeepsie. No more
than five hives or colonies of honey bees may be kept on a property.
No hive shall be located closer than 25 feet from any property line,
public sidewalk or principal building. The beekeeper registering with
the City shall notify all residents of the property and the owner
or operator of the property if the beekeeper is not the owner or operator
at the time of registration with the City.
3.
Community gardens are permitted up to 25,000 square feet in
area. Surplus produce may be sold if such sales are accessory or subordinate
to the garden's primary purpose which may be for the personal use
of the gardner, donation to charity, or community beautification.
4.
Composting is permitted but only for plant material that is
generated and used on-site. The amount of compost material cannot
exceed 25 cubic yards at any given time. Fully composted material
and other soil amendments may be brought in from off-site to enrich
the soil.
5.
Indoor farming such as hydroponics, aquaculture and aquaponics
is encouraged and permitted as an adaptive reuse of preexisting factory
buildings.
6.
Accessory buildings including greenhouses, hoop houses, sheds
and farmstands may be up to 600 square feet in area.
7.
Use of best management practices, such as the United States
Environmental Protection Agency's "Brownfields and Urban Agriculture:
Interim Guidelines for Safe Gardening Practices," is encouraged for
all soil based gardens.
8.
Farmers' markets that involve the construction or use of permanent
structures or other improvements, including parking surfaces and signage,
are subject to all applicable standards for the W-G District.
9.
Farmers' markets that involve the use of temporary structures,
such as tents or similar shelters, may be erected only during periods
of farmers' market activity and may be in place not more than 24 hours
prior to or following such sales activity. The display of signage
shall be restricted by the same time requirements and limited to on-site
locations.
(h)
Roof-mounted or utility-pole-mounted wireless telecommunications
antenna consistent with the following standards:
1.
The antenna does not exceed a height of eight feet above the
roof parapet of the building or structure upon which the antenna is
located.
2.
The antenna complies with all applicable FCC and FAA regulations.
3.
The antenna complies with applicable building codes.
4.
For roof-mounted antennas, the design shall minimize visual
impacts through the use of stealth technology that incorporates architectural
elements into the building such as a stairway enclosure, a chimney
(see photo), and similar camouflaging devices or through the use of
radio transparent screening panels designed to match the building
facade so that the panels are as visually inconspicuous as possible
when seen from nearby properties.
 |
5.
The design of ancillary equipment shall incorporate noise attenuation
for emergency generators installed to provide power to the facility
in emergency situations.
(i)
One accessory apartment is permitted in a single-family dwelling
in accordance with the following standards:
1.
The owner of the single-family dwelling shall live on site,
in either the primary or the accessory dwelling;
2.
The accessory unit shall be subordinate in size to the primary
dwelling;
3.
The number of bedrooms in an accessory dwelling is limited to
one, and the number of people allowed to reside in the accessory unit
is limited to two;
4.
The design and construction of the accessory unit shall be compatible
with the existing building.
(j)
There shall be no outdoor storage of materials or outdoor storage
of equipment or vehicles. The G-OM District's required minimum two-story
building height specified in Building Standards Table 3.25-3 does
not apply to the enlargement of existing structures, provided that
no enlargement may be made which would either create a new noncompliance
or increase the degree of noncompliance of a building or other structure
or any portion thereof. This shall not prevent a single-story enlargement
of an existing single-story structure.
(6)
Prohibited uses. In the W-G District, drive-in or
drive-through facilities whether stand-alone or used in connection
with any other use, fast-food restaurants, self-storage facility,
adult uses, automobile or motor vehicle sales, rentals and repair,
gas stations, convenience stores, auto or car washes, and all other
uses not explicitly listed in Table 3.25-1 are prohibited.
(7)
Accessory uses. The following accessory uses and
structures are permitted in the W-G District in connection with any
permitted or lawfully existing use within such district:
(a)
Off-street parking provided that it is located behind the front
building line or in the interior of lots and not visible from a street;
front yard parking spaces are prohibited.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses; greenhouses.
(d)
Professional signs, real estate signs applicable to the premises and announcement signs for public, charitable, educational or religious institutions, subject to the requirements of Section 19-4.9 of this chapter.
(e)
Guest house, limited to one building per lot, for the exclusive
use of employees or temporary guests of the residents of the principal
building.
(g)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets shall
be prohibited.
(h)
Solar collectors and micro wind turbines, which may extend up
to 15 feet above the maximum height limit, as long as the combined
total coverage of the rooftop features does not exceed 25% of the
roof area when typical features (such as elevator penthouses) are
present. If rooftop features exceed the twenty-five-percent roof coverage,
solar collectors may only extend seven feet above maximum height limits.
(8)
Lot standards. All new construction or enlargement
of existing structures in the W-G District shall be subject to the
lot standards shown on Tables 3.25-2A, 2B, and 2C, except that maximum
lot width only applies in the case of a subdivision of a lot. A larger
maximum front setback may be allowed, subject to Planning Board approval,
if the area in front of a building has no parking spaces and is landscaped
and used in a manner that enhances street life by such means as pocket
parks, plazas, outdoor dining areas, or public art. Such outdoor space
shall be landscaped with plant materials that are appropriate to the
use and location and in a configuration that is approved by the Planning
Board.
|
Table 3.25-2A Lot Standards: G-RM Subdistrict
| |||
|---|---|---|---|
|
Minimum
|
Maximum
| ||
|
A. Lot area
|
—
|
—
|
 |
|
B. Lot width
|
30 feet
18 feet for townhouses
|
70 feet
| |
|
C. Lot depth
|
75 feet
|
—
| |
|
D. Front setback
|
10 feet
|
20 feet
| |
|
E. Side setback
|
0 feet
|
12 feet each side
| |
|
F. Rear setback
|
15 feet to principal building
5 feet to outbuilding
|
—
| |
|
G. Frontage occupancy
|
50%
|
80% (100% for townhouses)
| |
|
H. Build-to-corner
|
Not required
| ||
|
Table 3.25-2B Lot Standards: G-CM Subdistrict
| |||
|---|---|---|---|
|
Minimum
|
Maximum
| ||
|
A. Lot area
|
—
|
—
|
 |
|
B. Lot width
|
18 feet
|
140 feet
| |
|
C. Lot depth
|
75 feet
|
—
| |
|
D. Front setback
|
0 feet
|
12 feet
| |
|
E. Side setback
|
0 feet
|
12 feet, one side only
| |
|
F. Rear setback
|
15 feet to principal building
5 feet to outbuilding
|
—
| |
|
G. Frontage occupancy
|
70%
|
100%
| |
|
H. Build-to-corner
|
Required
| ||
|
Table 3.25-2C Lot Standards: G-OM Subdistrict
| ||
|---|---|---|
|
Minimum
|
Maximum
| |
|
A. Lot area
|
—
|
—
|
|
B. Lot width
|
50 feet
|
—
|
|
C. Lot depth
|
75 feet
|
—
|
|
D. Front setback
|
20 feet
|
—
|
|
E. Side setback
|
10 feet
|
—
|
|
F. Rear setback
|
25 feet to principal building
5 feet to outbuilding
|
—
|
|
G. Frontage occupancy
|
50%
|
80%
|
|
H. Build-to-corner
|
Not required
| |
(9)
Building standards.
(a)
The building standards in Table 3.25-3 apply to new buildings
in all areas of the W-G District, except the north side of Parker
Avenue between Washington Avenue and Garden Street; in this location
principal and outbuilding maximum height are limited to two stories
or 35 feet, whichever is less. Principal building height may be increased
to three stories or 40 feet on the north side of Parker Avenue between
Washington Avenue and Garden Street by special use permit subject
to a study of the shadow effect on the Walkway and/or Dutchess Rail-Trail
as appropriate. Stories built below the grade of the street shall
not be counted toward building height. Building placement is illustrated
on Table 3.25-4. Frontage types are illustrated on Table 3.25-5.
|
Table 3.25-3 Building Standards: Walkway-Gateway (W-G)
District
| |||||||
|---|---|---|---|---|---|---|---|
|
G-RM
|
G-CM
|
G-OM
| |||||
|
Minimum
|
Maximum
|
Minimum
|
Maximum
|
Minimum
|
Maximum
| ||
|
Principal building height
|
2 stories
|
3 stories
40 feet
|
2 stories
|
3 stories
45 feet
|
2 stories
|
3 stories
45 feet
| |
 | |||||||
|
Outbuilding height
|
—
|
2 stories
|
—
|
2 stories
|
—
|
2 stories
| |
|
Shopfront floor to floor
|
—
|
—
|
15 feet
|
—
|
—
|
—
| |
|
Building Placement
| |||
|---|---|---|---|
|
Edgeyard
|
Permitted
|
Prohibited
|
Permitted
|
|
Side yard
|
Permitted
|
Permitted
|
Permitted
|
|
Common wall
|
Permitted
|
Permitted
|
Permitted
|
|
Courtyard
|
Permitted
|
Permitted
|
Permitted
|
|
Rearyard
|
Permitted
|
Permitted
|
Permitted
|
|
Frontage Type
| |||
|---|---|---|---|
|
Porch
|
Permitted
|
Prohibited
|
Prohibited
|
|
Stoop
|
Permitted
|
Permitted
|
Prohibited
|
|
Forecourt
|
Prohibited
|
Permitted
|
Permitted
|
|
Courtyard
|
Permitted
|
Permitted
|
Permitted
|
|
Terrace
|
Prohibited
|
Permitted
|
Permitted
|
|
Shopfront
|
Prohibited
|
Permitted
|
Permitted
|
(b)
The building placement types illustrated below on Table 3.25-4
show the approximate locations of where a structure is placed on a
lot relative to the boundaries of the lot:
|
Table 3.25-4 Building Placement: Walkway-Gateway (W-G)
District
|
|
Edgeyard
| |
|---|---|
 |
Edgeyard is suitable for a single-family or two-family house
where the building occupies the lot with setbacks on all sides. The
front yard is intended to be visually continuous with the front yards
of adjoining buildings. No parking is permitted in the front yard
other than a driveway accessing a rear garage. Detached buildings
on a corner shall be treated as having frontage on both streets and
front setbacks shall apply to both, as appropriate to the street.
|
|
Sideyard
| |
|---|---|
 |
A sideyard building occupies one side of the lot with the setback
to the other side.
|
|
Common Wall
| |
|---|---|
 |
Common walls are used for semidetached dwellings and rowhouses,
and sometimes for forecourt and courtyard buildings, where a zero
lot line is shared.
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Rearyard
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Rearyards include rowhouses with no front yard, live-work and
work-live units, apartment buildings, and mixed-use buildings that
occupy the full frontage.
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(c)
The building frontage types are illustrated on Table 3.25-5
below:
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Table 3.25-5 Frontage Types: Walkway-Gateway (W-G) District
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Shopfront
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A frontage type where the building facade is placed close to
the street with the entrance directly from the sidewalk. Pedestrian-oriented
uses such as retail, restaurants, and services, are located on the
sidewalk-level story. This frontage type is characterized by substantial
glazing on the sidewalk level, a prominent entrance, and often an
awning. Recessed doors on shopfronts are acceptable.
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Courtyard
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A frontage type where the facade is located close to the street
frontage line and the central portion is set back at least 40 feet.
The courtyard is suitable for semi-private pocket parks, gardens and
patios for primarily residential uses. Courtyards may also be fully
enclosed, fully occupying the frontage and other boundaries of the
lot, with an internal private patio.
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Porch
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A frontage type where the facade is set back from the street
frontage line with an attached front porch at least six feet deep.
A porch is covered by semi-enclosed space. A porch on a single-family
dwelling is shown in the house on the right of the photo, while a
two-family dwelling with porches on both levels is shown in the house
pictured on the left of the photo.
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Stoop
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A frontage type where the facade is aligned close to the frontage
line with the first story elevated above the sidewalk sufficiently
to secure privacy for the windows. Street-front access is usually
by an exterior stair and landing.
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Forecourt
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A forecourt is a frontage type similar to a courtyard but where
a portion of the facade is close to the frontage line and a small
central portion of less than 40 feet is set back to serve primarily
public uses such as retail, restaurants and services.
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Terrace
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|---|---|
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A frontage type where the facade is set back from the frontage
line by an elevated terrace or a sunken lightwell.
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Factory
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|---|---|
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A specialized frontage type that applies only to existing factory
buildings in the W-G District, and which varies widely from building
to building. If proposed for adaptive reuse, such buildings are subject
to a site by site evaluation of the design changes, if any, deemed
most appropriate for the District by the Planning Board. Such design
changes are encouraged to create a more pedestrian-friendly relationship
to the street, such as those embodied in the above categories of acceptable
frontage types.
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(10)
Building design standards. The following design
standards shall apply to all uses which require site plan approval
in the W-G District:
(a)
Facades of shopfront buildings shall be built parallel to the
street frontage and shall define the public realm of the sidewalk
through the use of consistent setbacks along the street. Building
facades should align with adjacent buildings and be compatible with
neighboring buildings and the general site context.
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(b)
Shopfronts shall be glazed no less than 70% of the sidewalk-level
story, allowing views into and out of the interior to create visual
interest at street level. Shopfront design shall be based on historic
examples in the City of Poughkeepsie and other Hudson River Valley
urban areas. Windows shall be distributed in an even manner consistent
with the rhythm of voids and solids of such historic examples, with
low sills and high lintels consistent with the window proportions
of historic buildings.
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(c)
All primary windows, with the exception of shopfront and small
windows such as transom windows, shall be vertical in proportion and
in the case of historic structures, should have multiple panes divided
by muntins. Mirrored, reflective, or darkly tinted glass, all-glass
walls, and exterior roll-down security gates shall not be permitted.
(d)
Glass, metal, canvas, and canvas-like awnings are encouraged
along street frontages, and may encroach up to six feet into the front
setback and over the sidewalk above seven feet. Vinyl or aluminum
awnings shall not be permitted.
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(e)
The principal pedestrian entrances for shopfront buildings shall
be directly connected to the sidewalk. Principal entries to shopfronts
shall be highlighted through the use of architectural features such
as roofs, recessions into the facade or other details that express
the importance of the entrance.
(f)
New construction and rehabilitation shall reflect the traditional
architecture of the community in building and roof forms, window proportions,
materials, colors and details.
(g)
Architectural features and windows shall be continued on all
sides of the building that are clearly visible from a street or public
parking area to avoid visible blank walls.
(h)
Buildings of 40 feet or more in width along a lot frontage shall
be articulated, reducing their apparent size and contributing to a
human-scale development. The mass of these buildings shall be broken
up using a variety of architectural details such as divisions or breaks
in materials, window bays, separate entrances and entry treatments,
variation in roof lines, awnings, and sections that project or are
recessed up to 10 feet.
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(i)
Trademarked architecture shall be prohibited unless it is consistent
with the historic architectural styles of the City of Poughkeepsie
and other Hudson River Valley urban areas.
(j)
Buildings of 20,000 square feet or more should provide for public
space that incorporates amenities such as benches, seats, tables,
fountains, drinking fountains, and interpretive historical markers.
(k)
The exterior finish materials on all facades should be limited
to natural building materials such as brick, stone, stucco, and wood.
Smooth finish fiber cement or other composite siding is also permitted,
provided that it faithfully simulates the natural material in composition,
design, color, texture and other visual qualities. Vinyl, plastic,
aluminum, or sheet metal siding or trim, exposed concrete blocks,
concrete walls, plywood and other similar prefabricated panels, unpainted
lumber, and synthetic stone, synthetic brick or synthetic stucco shall
not be permitted.
(l)
Buildings shall have sloped roofs, mansard roofs, or flat roofs
with articulated parapets and cornices. Parapets shall be a minimum
of 42 inches high or as may be otherwise required to conceal mechanical
equipment to the satisfaction of the Planning Board. The Planning
Board may require that larger buildings have a combination of roof
types and pitches to add visual interest without appearing randomly
varied and overly complicated.
(m)
All mechanical equipment, whether roof- or ground-mounted, shall
be completely screened from adjacent properties and streets in a manner
that is compatible with the architectural treatment of the principal
building.
(n)
Refuse containers, storage yards or outdoor storage should be
located to the rear of the site and in all cases shall be concealed
to the extent feasible from public view.
(o)
Walls, fences and other enclosures shall be constructed of natural
materials and shall not exceed a height of three feet along the frontage
line and six feet along the side and/or rear lot lines. Chain link
and vinyl fencing shall be prohibited.
(11)
Pedestrian and vehicular circulation.
(a)
Shared parking, on-street parking, and the use of public parking
lots are encouraged.
(b)
Where feasible, a secondary road or alleyway connected to the
rear of parcels is encouraged.
(c)
On-street parking in front of a lot may be counted toward minimum
parking requirements.
(d)
Curb cuts should be limited to one per parcel. Residential driveway
width at the frontage line is limited to 10 feet wide and commercial
driveway width at the frontage line is limited to 20 feet wide.
(e)
To facilitate pedestrian movement, sidewalks shall be provided
within the site and shall connect to adjacent parcels if deemed appropriate
by the Planning Board.
(f)
Bicycle racks and/or bicycle trails shall be provided if deemed
appropriate by the Planning Board.
(g)
Garage doors shall not face the frontage line. Overhead doors
used for open-air markets may face the frontage line.
(h)
New streets developed in conjunction with a subdivision shall
include textured paving materials; medians and median landscaping;
crosswalks; and roadside and curb treatments such as bulb-outs, street
furniture and other landscaping elements. The City encourages the
use of such traffic calming techniques wherever feasible.
(i)
The use of heat-reducing strategies, such as paving materials
with a solar reflectance index (SRI) of at least 29 or open-grid pavement
systems that are at least fifty-percent pervious or both is encouraged.
(12)
Streetscape standards. Streetscape standards
are illustrated on Figure 3.25-6.
(a)
Streetscape elements should include on-street parking, curbs,
street trees, sidewalks, streetlights, public transit shelters and
other amenities where appropriate.
(b)
Within the building transition zone (see C in Figure 3.25-6),
the Planning Board may require the lot owner to provide planters,
trees, shrubs, or other landscaping to enhance the appearance of the
streetscape. Ornamental fencing four feet or less in height may be
provided to separate privately owned space from public space. For
commercial uses, display areas, and outdoor dining and seating areas
may be provided.
Figure 3.25-6: Parts of the Streetscape
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(c)
A pedestrian clearway, at least eight feet wide (see B in Figure
3.25-6), with unobstructed space for pedestrian activity shall be
provided along the sidewalk, unless site conditions require a narrower
clearway. Within the street transition zone (see A in Figure 3.25-6,
also known as the tree lawn), if space permits, lot owners may plant
trees and place benches, tables, and outdoor seating areas with the
approval of the City Engineering Department.
(d)
A minimum of one bicycle rack should be provided within either
the street transition zone or the building transition zone for every
ten vehicle parking spaces. Each bicycle rack holding two bicycles
may be used to reduce the required parking by one parking space. The
Planning Board may require any building containing 5,000 square feet
or more of floor area to provide one bicycle rack or equivalent indoor
bicycle parking space for every 2,000 square feet of floor area.
(e)
The Planning Board may require that an applicant constructing
a building greater than 10,000 square feet in floor area pay for the
provision of related street improvements to improve pedestrian and/or
bicycle safety, provided that such street improvements are directly
related and are proportional to the impacts resulting from constructing
the building.
(13)
Off-street parking. Off-street parking shall comply with the following standards. The Planning Board may use Section 19-4.3 of this chapter as guidance on standards or requirements that are not addressed herein. In the event of a conflict, this Section 19-3.25 shall control:
(a)
In all subdistricts, off-street parking shall be located behind
the building and/or landscaping and shall be screened by such buildings
and landscaping to the greatest extent practicable. Front yard parking
is prohibited. Landscaping shall also screen parking areas from the
Walkway and/or Dutchess Rail-Trail to the extent feasible.
(b)
Unless modified in accordance with Section 19-3.25.(13)(d) herein,
the on-site parking spaces required shall be as follows:
1.
Residential: 1 1/2 spaces per dwelling unit.
2.
Office and non-retail commercial: 2 1/2 spaces per 1,000
square feet of floor area.
3.
Retail and personal services: three spaces per 1,000 square
feet of floor area.
4.
Other uses: as determined to be appropriate by the Planning
Board during site plan review.
(c)
Parking available for two dissimilar uses within the W-G District
may be shared. Shared parking is calculated by adding the total number
of spaces required by each separate use and dividing the total by
the appropriate shared parking factor from Figure 3.25-7. For example,
if a residential use requires 10 parking spaces, and an office use
requires 12 spaces, independently they would require 22 spaces. But
when divided by the sharing factor of 1.4, they would require only
16 parking spaces. For the purpose of determining the shared parking
factor, the retail function shall include all uses that are not listed
separately in Figure 3.25-7.
Figure 3.25-7: Shared Parking Factors
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(d)
The requirements in Section 19-3.25(13)(b) and (c) above may be modified through a waiver granted by the Planning Board, in its discretion, based upon information submitted by the applicant or otherwise made available in the public record. The Planning Board shall consider the following factors in granting waivers to the off-street parking requirements of this section and may incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived. No waiver may be deemed approved or granted by implication. All waivers must be expressly set forth in the minutes of the Board:
1.
That a professional parking study of the proposed use and the
surrounding area demonstrates that a different amount of parking would
be appropriate for the use in its particular location and/or that
existing and/or proposed off-site parking is sufficient.
2.
That the projected operational characteristics of the proposed
use require a different amount of parking.
3.
That adequate shared parking is available within 500 feet of
the site and is contractually obligated and legally assured to the
satisfaction of the City Corporation Counsel as long as the use is
in operation.
4.
That public transit is readily available to serve the needs
of the residents or users or the proposed use to reduce anticipated
vehicular travel demand.
5.
That there is sufficient public parking available within 800
feet of the site to meet the foreseeable parking needs of the proposed
use and surrounding uses for the next five years.
6.
That the applicant will dedicate land for public parking on
site to the City or will acquire land by purchase or long-term lease
for public parking within 800 feet of the site, provided that such
lease is contractually obligated and legally assured to the satisfaction
of the City Corporation Counsel as long as the use is in operation.
(e)
For lots of 8,000 square feet or less, if the provision of on-site
parking is not feasible, the Planning Board may waive all parking
requirements, provided that the total floor area of the building is
no greater than 5,000 square feet.
(f)
In order to encourage safe and convenient traffic circulation,
the Planning Board may require the interconnection of parking lots
via access drives within and between adjacent lots. The Planning Board
shall require written assurances and/or deed restrictions, satisfactory
to the Corporation Counsel, binding the owner and his/her heirs and
assignees to permit and maintain such internal access and circulation
and joint-use of parking facilities. Access drives may be dedicated
to the City.
(g)
Parking structures, whether freestanding or integrated into
a larger building, shall be designed in accordance with the following:
1.
The ground level of a parking structure shall have a commercial
or residential frontage. No portion of the ground level shall be used
for parking unless set back at least 40 feet from the adjoining street.
Ingress and egress to the parking structure shall be prohibited from
directly accessing the frontage if rear or side access is available.
Where rear or side access is unavailable, ingress and egress directly
from the frontage shall be minimized as illustrated in the photograph.
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2.
Vehicular access to the structure shall have minimal impact
on pedestrian circulation.
3.
To the maximum extent practicable, ramping (sloping) floors,
unfinished structural elements, lights and mechanical appurtenances
shall not be visible from public streets or public places.
4.
At least 10% of the total automobile parking spaces should be
dedicated for carpools or shared-use vehicle parking.
(14)
Landscaping.
(a)
Existing large or significant trees and other natural features
shall be incorporated into the proposed site design to the maximum
extent practicable.
(b)
Buffer landscaping to screen and protect residential districts, outside of the W-G District, from commercial uses shall be provided in accordance with Section 19-4.11 of the City Zoning Ordinance.
(c)
All portions of improved properties which are not used for buildings,
structures, off-street parking and loading, permitted outdoor storage,
driveways, walkways or similar purposes shall be appropriately landscaped
with native perennials and noninvasive annuals, shrubs, trees and
other ground cover in such manner as to minimize erosion and stormwater
runoff and to maintain or improve the aesthetics of such development.
(d)
Parking areas shall be landscaped in accordance with Section 19-4.11 of the City Zoning Ordinance and the following:
1.
In parking lots of 1/2 acre or more, at least 20% of the area
within the inside perimeter of the parking surface of the parking
area shall be landscaped and maintained with trees, shrubs and other
plant materials, as determined necessary by the Planning Board. In
all parking lots providing eight or more off-street parking spaces,
a minimum of one canopy tree having a caliper of at least three inches
and 10 shrubs shall be planted for each eight parking spaces and any
additional portion thereof, said tree(s) to be planted in median dividers
wide enough to fit mature trees, landscape islands or such other locations
as may be determined by the Planning Board.
2.
Provide a six-foot-wide landscape strip around the perimeter
of the parking lot if feasible, to be planted with a mix of shade
trees, evergreen trees and shrubs. Provide a minimum of one tree for
every 35 feet of lot perimeter but not necessarily at 35 feet on-center.
In the judgment of the Planning Board, additional trees and sufficient
shrubs may be necessary to effectively shade and screen the parking
lot.
3.
Landscaping should be used to delineate vehicular and pedestrian
patterns. Clear and legible signs, different color and texture paving
materials, raised or inverted areas, and other techniques should be
used to direct the flow of both vehicular and pedestrian traffic within
the lot.
4.
Parking lot lighting shall complement the landscaping and architectural
features on the site to the greatest extent practicable, shall be
human-scale, and shall avoid excessive glare or wasted light.
(e)
Shade trees shall be planted between the sidewalk and curb along
both sides of all streets, if determined necessary by the Planning
Board, at a distance in each row ranging from 30 to 40 feet on center.
All such trees shall have a caliper at the time of planting of at
least 2 1/2 inches at a height of three feet above finished grade.
(f)
In the G-RM and G-CM subdistricts, a portion of the required
landscaped area shall be provided as a pocket park if deemed appropriate
by the Planning Board and agreed to by the property owner.
(g)
Cisterns are encouraged for capturing and recirculating stormwater
from buildings for the landscaping.
(15)
Outdoor lighting. Outdoor lighting shall be
of an historic design as approved by the Planning Board. Shoebox fixtures
are not permitted. All outdoor lights shall be designed, located,
installed, and directed in such manner as to prevent light at and
across the property lines, shall be fully-shielded and installed in
such a way that no light is emitted above a horizontal plane running
through the lowest part of the fixture as illustrated. No lighting
level measured at the building frontage line shall exceed 1.0 foot-candles
within the G-RM Subdistrict. No lighting level measured at the building
frontage line shall exceed 2.0 foot-candles within the G-CM Subdistrict.
The maximum allowable height of a freestanding light fixture shall
be 15 feet above the average finished grade in pedestrian areas and
20 feet above the average finished grade within parking lots.
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(17)
Outdoor dining. Restaurants shall be permitted
to operate outdoor cafes on sidewalks and in other outdoor areas provided
that pedestrian circulation and access to store entrances shall not
be impaired. The following standards and guidelines are applicable
to outdoor dining:
(a)
All outdoor dining areas shall be shown on a site plan submitted
with the application.
(b)
To allow for pedestrian circulation, a minimum of eight feet
of sidewalk from the curb to the entrance of the establishment shall
be maintained free of tables and other encumbrances.
(c)
Planters, posts with ropes, railings or other removable enclosures
are encouraged and shall be used as a way of defining areas occupied
by the cafe.
(d)
Extended awnings, canopies, or large umbrellas shall be permitted
to provide shade. Signage on such awnings, canopies, or large umbrellas
is prohibited. Colors shall complement building colors where the establishment
is located.
(e)
No outdoor kitchen shall be permitted. All food shall be dispensed
from the interior of the restaurant.
(f)
All tables and chairs shall be movable. No permanent or fixed
seating shall be permitted. No standing room service shall be permitted.
(g)
Outdoor cafes shall provide outdoor trash receptacles.
(h)
Tables, chairs, planters, trash receptacles, and other elements
of street furniture shall be compatible with the architectural character
of the building where the establishment is located.
(i)
The operators of outdoor cafes shall be responsible for maintaining
a clean, litter-free, and well-kept appearance within and immediately
adjacent to the area of their activities.
(18)
Site plan and special use permit review procedures.
(a)
In order to effectuate an expedited review of site plans meeting the purposes and intent of the W-G District, this section contains a streamlined site plan review procedures for any proposed building project of 10,000 square feet or less in footprint. The full site plan review procedures of Section 19-6.1 of the City Zoning Ordinance will apply for proposed building projects of more than 10,000 square feet in footprint or if the Planning Board has determined that sufficient doubt exists as to whether the application complies with this Section 19-3.25.
(b)
The following procedures apply to uses requiring site plan and/or
special use permit review:
1.
The applicant shall meet with the Building Inspector, who shall
provide a site plan application and instruction sheet describing the
requirements for site plan approval and who may recommend that the
applicant have a preapplication meeting with the Planning Board to
determine application submission requirements.
2.
The applicant shall prepare a site plan with sufficient information
for the Planning Board to determine whether or not it complies with
the provisions of this article.
3.
If no special permit is required, the applicant shall then meet
with the Planning Board to discuss the proposal. No public hearing
will be required, unless the Planning Board determines that the proposal
may have significant impacts or may cause public controversy.
4.
Within 30 days of such meeting, or if there is a public hearing,
within 30 days after the closing of the public hearing, the Planning
Board shall issue an approval, approval with modifications, or denial
of the application, stating the reasons for any modifications or denial.
The Planning Board shall also issue a required schedule for initiation
and completion of the project. Such approval shall lapse within two
years if the applicant does not diligently pursue construction of
the project, unless the applicant requests an extension, which may
only be granted for good cause by the Planning Board.
(c)
For projects over 10,000 square feet in footprint area, or that require a special permit, the applicant shall follow the procedures in Section 19-6.2 of the City Zoning Ordinance. Such applications shall comply with those sections to the extent that such sections do not contain standards that conflict with this article. In case of a conflict, this article shall control.
(d)
The Planning Board may require a performance guarantee for the
construction of public improvements in connection with any project
of 10,000 square feet or more in floor area.
(e)
After completion of construction of new buildings, the applicant
shall submit as-built plans to the Building Inspector showing the
exact location of all site alterations and construction.
(f)
For any proposed change to an approved site plan, the applicant
shall meet with the Building Inspector who shall make a determination
as to whether or not the proposed change is significant. If the Building
Inspector determines that the change is significant (e.g., a change
in dimensions of more than 10% shall be presumed to be significant),
the application shall be referred to the Planning Board for an amendment
to the site plan or special permit, as appropriate.
(19)
ACCESSORY APARTMENT
AGRICULTURE
APARTMENT
ARTISANAL USE
ARTIST STUDIO
BACKBUILDING
BED-AND-BREAKFAST
BICYCLE ROUTE
BICYCLE TRAIL
BUILD-TO-CORNER
COMMUNITY GARDEN
CULTURAL CENTER
DRIVE-IN OR DRIVE-THROUGH FACILITY
FACADE
FARMERS' MARKET
FITNESS CENTER
FRONTAGE
FRONTAGE LINE
FRONTAGE OCCUPANCY
GREEN ROOF
INN
LIGHT MANUFACTURING
LIVE-WORK UNIT
LODGING
LOT WIDTH
MIXED-USE
(a)
(b)
(c)
OFFICE
OUTBUILDING
PARKING STRUCTURE
PARK, POCKET
PERSONAL SERVICE ESTABLISHMENT
PUBLIC USES/COMMUNITY SERVICES
RETAIL
ROOF GARDEN
ROWHOUSE
SELF-STORAGE FACILITY
SHOPFRONT
STORY
TRADEMARKED ARCHITECTURE
TREE LAWN
VENDING CART
Definitions. The following definitions apply to this Section 19-3.25 of the City Zoning Ordinance. Terms not defined in this Subsection (19) shall be defined as provided in Section 19-2.2:
A separate and complete dwelling unit occupied by one or
more persons for living, sleeping, eating or cooking, that is contained
within the structure of a single-family dwelling.
Includes community gardens, farm stands, apiaries, compost
facilities, underground water tanks used in conjunction with agriculture,
greenhouses, hoop houses and other agriculture-related structures.
A dwelling unit located on an upper floor of a shopfront
building or a factory building and having a minimum floor area of
300 square feet.
A trade or handicraft process by artists, food, or craft
workers using traditional manual manufacturing methods such as those
of a carpenter, blacksmith, jeweler, sculptor, furniture-maker, potter,
or glassblower.
Working and/or teaching space for one or more painters, print
makers, photographers, jewelry makers, sculptors or artisans working
with paper, ceramics, clay and/or other fine art or craft materials,
persons working in the graphic or computer arts, or performing artists
such as musicians, dancers or theater artists. Tattoo appliers and
body piercers shall not be considered artists for the purpose of this
definition.
A single-story structure connecting a principal building
to an outbuilding.
A private owner-occupied dwelling in which at least one and
not more than five rooms are offered for rent for transient occupancy,
in which overnight lodging and breakfast are offered to such occupant(s),
and on which no public restaurant is maintained.
A street suitable for the shared use of bicycles and autos
moving at low speeds.
A bicycle way running independently of a street.
"Build-to-corner" means that buildings at the intersection
of two streets must be within the minimum and maximum front and side
setback lines as shown on the illustration. Where the build-to-corner
building placement is required, new development must meet this requirement
by siting the building at its street corner.
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Any piece of land, public or private, where plants are grown
and maintained by a group of individuals in the community. Community
gardens may produce food for individual consumption or food for sale,
may be designed for beautification of the community, and/or may be
used for educational purposes.
A facility that includes the display, performance, or enjoyment
of heritage, history, or the arts, owned and operated by a public
or private, nonprofit entity. This use includes but is not limited
to one or more of the following: museums, art galleries, artists studios,
performance venues, or interpretive sites.
A facility where patrons are served in automobiles, typically
through means of a window, which allows patrons to purchase products
or make transactions directly from a vehicle.
The exterior wall of a building that is set along a frontage
line.
An establishment for the retail sale of local farm produce
and agricultural products which may be conducted as either a principal
or an accessory use and may or may not involve the installation and
use of permanent structures. Such establishment may include multiple
vendors.
An establishment engaged in providing recreation for a fee
or admission charge, including membership sports, recreation clubs,
and health clubs, but specifically excluding amusement parks, driving
ranges, water sports parks, rings, race tracks, or similar facilities,
whether full-size or miniature and whether located indoors or outdoors.
The portion of a lot or building facing a street.
A lot line bordering a public right-of-way, parallel to or
coterminous with the front facade of a building. Facades facing frontage
lines define the public space and are therefore more regulated than
the elevations facing other lot lines.
Frontage occupancy is the percentage of the lot width that
must be occupied by either a front building facade or structures that
screen parking, located within the area between the minimum and maximum
front setback.
A vegetated roof system used in place of a conventional roof.
Green roofs generally consist of a layered system of synthetic roofing
and drainage layers underlying a layer of soil and plants on the building's
roof. The roof may be partially or completely covered with vegetation
and soil.
A lodging type, owner-occupied, offering six to 12 bedrooms,
permitted to serve breakfast in the mornings to guests.
Premises available for the creation, assemblage and/or repair
of previously prepared materials, of finished products or parts, including
processing, fabrication, assembly, treatment, packaging, and incidental
storage using table-mounted machinery or artisanal equipment, and
including their retail sale. Light manufacturing excludes basic industrial
processing or distribution of sand, gravel, clay, turf, soil, rock,
stone, metals, petroleum and petroleum products and similar raw materials.
A mixed-use dwelling unit with both commercial and residential
functions. The commercial function may be anywhere in the unit and
is intended to be occupied by a business operator who lives in the
same structure that contains the commercial activity or industry.
Premises available for daily and weekly renting of bedrooms such as a hotel or inn, but excluding a boarding/rooming house as defined in Section 19-2.2 of this chapter.
The length of the principal frontage line of a lot.
Multiple functions occurring within the same building or
the same general area through superimposition or within the same area
through adjacency. This variety of uses allows for people to live,
work, play and shop in one place, which then becomes a destination
for people from other neighborhoods. While mixed-use embraces many
forms, it is typically characterized by vertical mixed-use buildings,
horizontal mixed-use blocks, or mixed-use walkable neighborhoods.
Each of the forms is described further below:
HORIZONTAL MIXED-USE BLOCKSHorizontal mixed-use blocks combine single-use buildings on distinct parcels in a range of land uses within one block as shown below. This approach avoids the complexities of vertical layered uses while achieving the goal of placemaking that is made possible by bringing together complementary uses in one place. Horizontal mixed-use offers the advantage of sharing utilities and amenities while providing an easier to build mix of uses within a walkable area.
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MIXED-USE WALKABLE NEIGHBORHOODSMixed-use walkable neighborhoods offer an infinite number of possibilities by combining vertical and horizontal use mixing in an area ideally within a five to ten-minute walking distance as shown below.
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VERTICAL MIXED-USE BUILDINGA vertical mixed-use building combines different uses in the same building as shown below. Lower floors should have more public uses with more private uses reserved for the upper floors, with the exception of roofs, which should be reserved for public use. For example, the ground floor could have retail or entertainment uses, the second floor offices and some form of residential uses like a hotel or apartments. In locations, an entire block or neighborhood may be composed of vertical mixed-use buildings.
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Premises available for the transaction of general business
but excluding retail, artisanal and manufacturing uses.
An accessory building, located toward the rear of the same
lot as a principal building, and sometimes connected to the principal
building by a backbuilding.
A structure available to be used by the public to temporarily
park registered and operable motor vehicles.
A small park less than 2,500 square feet in area and accessible
to the general public, that is located in close proximity to a public
sidewalk, and provides green space, landscaping, benches and other
pedestrian amenities and which may include art.
An establishment primarily engaged in providing services
involving the specialized care of a person or a person's apparel,
including but not limited to barber and beauty shops, tailor shops
and exercise studios, but not including "adult use" or "fitness center"
as defined herein.
A building or use related to municipal offices and services
and which may include not-for-profit organizations dedicated to arts,
culture, education, recreation, government, transit, and municipal
parking owned and/or operated by a government agency or not-for-profit
corporation.
Premises available for the sale of merchandise and food.
A roof used for container gardening, where plants are maintained
in pots.
A single-family dwelling that shares a party wall with another
of the same type and occupies the full frontage line.
An enclosed area or structure used for the storage of items
not belonging to the owner of the land on which such enclosed area
or structure is located, in exchange for rent paid for the use of
said enclosed area or structure.
A frontage type appropriate for retail use, with substantial
glazing and an awning, where the facade is aligned close to the frontage
line and the building entrance is at sidewalk grade.
A habitable level within a building, excluding an attic or
raised basement.
A building design that is trademarked, branded or easily
identified with a particular chain, franchise or corporation and is
generic in nature.
The area between the sidewalk and the street curb at least
five feet in width that accommodates street trees and streetlights
and which serves to protect pedestrians on the sidewalk from vehicular
traffic. A tree lawn typically occupies the Street Transition Zone
as illustrated on Figure 3.25-6.
A readily movable unit mounted on wheels, parked either temporarily
or seasonally, out of which flowers, food, and/or beverages are served
to the public.
In furtherance of the statutory purposes of zoning, the industrial
districts established in this chapter are designed to promote and
protect public health, safety and general welfare, to enhance the
City's economy and, specifically, to achieve the following objectives:
(1)
To provide sufficient and accessible land to meet the needs of the
City's future economy, to promote stability of industrial and related
development, to strengthen the economic base of the City, to protect
the character of industrial districts and their peculiar suitability
for particular uses, to conserve the value of land and buildings and,
thereby, to protect and enhance the City's tax revenues.
(2)
To encourage industrial development which is free from danger of
fire and explosions and environmentally objectionable influences,
particularly to protect the labor force and adjoining residences.
(3)
To protect industrial and related development from congestion, by
limiting the bulk of buildings in relation to the land around them
and to one another and by providing space for off-street parking and
loading facilities associated with such activities.
[Ord. of 5-6-1991, § 5; Ord. of 7-6-1993, § 1; Ord. of 10-16-1995, § 2]
(1)
Purpose of district. The purpose of this district
is to provide areas for a wide range of industrial activity that conform
to a high level of performance standards, that can be located in close
proximity to residential, institutional and commercial areas without
objectionable influence and that can serve as a buffer in some cases
between more objectionable industrial activities and residential and/or
certain commercial areas.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Wholesale businesses, warehouses, trucking terminals and building
material storage and sale, but excluding storage of coal, coke, fuel
oil or junk.
2.
Building, plumbing and electrical contractors.
3.
Cold storage plants, beverage distributors, baking and other
food processing plants that are not offensive, obnoxious or detrimental
to neighboring uses by reason of dust, smoke, vibration, noise, odor
or effluent.
4.
Motor vehicle sales, including the sale of recreation vehicles and trailer and boat sales, with accessory repair facilities, subject to the requirements of Section 19-3.24(2)(a)5 of this Chapter.[1]
[1]
Editor's Note: Said section was repealed; for similar provisions, see Section 19-3.24(2)(b)8.
5.
Automobile repair (heavy and light) and motor vehicle service
stations and gasoline pumps as part of another use, except that such
use shall not locate nearer than 30 feet to any R-1 through R-6, O-R
or PRD District.
6.
Auto washes.
7.
Standard restaurants and fast-food restaurants, provided that
eating on the premises of the fast-food restaurants shall be permitted
only inside the structure or in areas specifically designated and
properly maintained outside of the structure.
8.
Animal hospitals and boarding and/or breeding of animals, provided
that no outdoor runs shall be permitted within 100 feet of any R-1
through R-6, O-R or PRD District.
9.
Dry-cleaning establishments.
10.
Retail sale and accessory storage and display of garden materials,
supplies and plants, including nursery operations, provided that the
outdoor storage or display of plants and material does not obstruct
pedestrian flow or vehicular traffic.
11.
Hotels, motels and conference facilities.
12.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
13.
Public utility installations.
14.
Printing plants.
15.
Commercial recreation, such as but not limited to tennis clubs,
skating rinks, dance halls, billiard parlors, bowling alleys, health
clubs and uses normally accessory thereto (lockers, restaurant, retail
sale of goods associated with the particular activity).
16.
Light manufacturing, processing and assembly activities, provided
that such activities are designed, constructed and enclosed so that
there will be no observable external evidence thereof, other than
loading and unloading functions which shall be fully screened from
any adjacent R-1 through R-6, O-R or PRD District. Industrial uses
involving primary production from raw materials, such as but not limited
to asphalt, cement, charcoal, fuel briquettes, chemicals and related
products which may be dangerous, offensive or create nuisances; and
processes, whether or not related to such production, including but
not limited to nitrating, milling, reduction, refining, melting, alloying
and distillation, shall be prohibited.
17.
Research, design and development laboratories.
18.
Radio or television station studios and/or antenna.
19.
Public garage.
20.
Miniwarehouse, provided that aisle widths in between buildings
comprising the miniwarehouse have a minimum width of not less than
26 feet.
(b)
Uses subject to issuance of a special permit by the Planning Board in accordance with the requirements of Section 19-6.2 of this Chapter:
1.
Annual membership clubs catering exclusively to members and
their guests and private playgrounds, swimming pools, tennis courts
and recreational buildings.
2.
Institutions for higher learning, business, vocational and training
schools, including colleges, universities, junior colleges, business,
banking, business management, secretarial and office service schools,
computer and data processing schools, art and drafting schools, barber,
beauty and cosmetology schools, commercial or noncommercial food preparation
schools, photography schools, schools for training in the martial
arts, dancing, gymnastics and music and schools for fashion design;
subject to the following requirements:
3.
Off-street parking, as the principal
use of a lot, subject to the following requirements:
a.
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this Chapter entitled "Off-street parking and loading."
b.
Said facility shall be utilized solely for parking registered
and operable motor vehicles.
c.
The lot and bulk requirements of this section do not pertain
to any paved or resurfaced parking area; however, if a building or
structure is proposed to be erected on the lot, said structure must
conform to the lot and bulk requirements herein.
4.
Mini-marts, subject to the following
requirements:
a.
Mini-marts shall not exceed 400 square feet in improved interior
floor area, including but not limited to areas devoted to sales, coolers,
storage of goods sold in the mini-mart, office space and any other
facilities related to the operation of the mini-mart.
b.
Drive-up windows shall not be permitted.
c.
Arcade, game machines or any other coin-operated electronic
games are prohibited.
d.
At least two trash receptacles shall be located next to the
walkway for customer use.
e.
An enclosed dumpster area shall be provided.
f.
Special consideration will be given to the impact of noise,
litter, lighting and traffic on adjacent properties.
g.
Off-street parking shall be provided at a rate of one space
for each 300 square feet of gross floor area. Said parking spaces
shall be in addition to those required for the service station.
h.
The sale of alcoholic beverages is prohibited.
i.
The physical boundaries of the mini-mart must be clearly delineated
on the site plan.
5.
Convenience stores.
6.
Buildings with mixed uses that contain convenience stores and
any other of the following permitted uses: standard restaurants and
fast-food restaurants, provided that eating on the premises of the
fast-food restaurants shall be permitted only inside the structure
or in areas specifically designated and properly maintained outside
the structure and dry-cleaning establishments. These uses are allowed,
provided that all lot and bulk requirements for each use are satisfied.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area: none.
(b)
Minimum required lot frontage: 50 feet.
(d)
Except as otherwise provided, where a lot in any I-1 District
adjoins any R-1 through R-6, O-R or PRD District, a landscaped buffer
of at least 25 feet shall be provided along the property line.
(e)
Maximum floor area ratio (FAR): one and 1.0.
(f)
Maximum lot coverage: 60%.
[Ord. of 5-6-1991, § 6]
(1)
Purpose of district. The purpose of this district
is to provide opportunities for industrial and related activities
which are not likely to meet the high performance standards of the
I-1 District and which involve a heavy dependence upon trucks and
potentially noisy or otherwise objectionable industrial activity.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Wholesale businesses, warehouses, trucking terminals and building
material storage and sale, but excluding storage of coal, coke, fuel
oil or junk.
2.
Building, plumbing and electrical contractors.
3.
Cold storage plants, beverage distributors, baking and other
food processing plants that are not offensive, obnoxious or detrimental
to neighboring uses by reason of dust, smoke, vibration, noise, odor
or effluent.
4.
Motor vehicle sales, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, subject to the requirements of Section 19-3.24(2)(a)5 of this Chapter.[1]
[1]
Editor's Note: Said section was repealed; for similar provisions, see Section 19-3.24(2)(b)8.
5.
Automobile repair (heavy and light) and motor vehicle service
stations and gasoline pumps as part of another use, except that such
use shall not locate nearer than 30 feet to an R-1 through R-6, O-R
or PRD District.
6.
Auto washes.
7.
Standard restaurants and fast food restaurants, provided that
eating on the premises of the fast food restaurant shall be permitted
only inside the structure or in areas specifically designated and
properly maintained outside of the structure.
8.
Animal hospitals and boarding of animals, provided that no outdoor
runs shall be permitted within 100 feet of a R-1 through R-6, O-R
or PRD District.
9.
Dry-cleaning establishments.
10.
Retail sale and accessory storage and display of garden materials,
supplies and plants, including nursery operations, provided that the
outdoor storage or display of plants and material does not obstruct
pedestrian flow or vehicular traffic.
11.
Hotels, motels and conference facilities.
12.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
13.
Public utility installations.
14.
Printing plants.
15.
Commercial recreation, such as but not limited to tennis clubs,
skating rinks, dance halls, billiard parlors, bowling alleys, health
clubs and uses normally accessory thereto (lockers, restaurant, retail
sale of goods associated with the particular activity.)
16.
Light manufacturing, processing and assembly activities, provided
that such activities are so designed, constructed and enclosed that
there will be no observable external evidence thereof, other than
loading and unloading functions which shall be fully screened from
any adjacent R-1 through R-6, O-R or PRD District.
17.
Research, design and development laboratories.
18.
Radio or television station studios and/or antenna.
19.
Public garage.
(b)
Uses subject to issuance of a special permit by the Planning Board in accordance with Section 19-6.2 of this Chapter:
1.
Storage, whether indoors or in the open, including secondhand lumber and junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or of dismantled or junked automobiles; subject to the requirements of Section 19-4.10 of this Chapter.
2.
Fuel oil storage tanks and tank farms, provided that the Planning
Board finds that the city lacks such sufficient facilities to supply
the needs of its inhabitants and that proposed installation is in
the public interest, will not create undue fire or traffic hazard,
impair property values; further, no tank shall have a capacity in
excess of 500,000 gallons nor be nearer than 50 feet to any other
tank, nor shall there be more than 10 such tanks in any one group,
and such groups shall not be less than 1,000 feet from one another.
Around each tank, a moat with a capacity equal to that of the tank
it surrounds shall be provided.
3.
Any industrial or manufacturing use not specifically permitted
by right or by special permit in a C-3, I-1 or R&D District, subject
to a finding by the Planning Board that such use will not create a
danger of fire or explosion, toxic or noxious matter or radiation
and will not otherwise be offensive or cause unacceptable levels of
noise, vibration, smoke, dust, other particulate matter, odorous matter,
heat, glare or any other environmentally objectionable influences.
In making such determination, the Planning Board shall utilize standards
established by the New York State Department of Environmental Conservation
and the Dutchess County Department of Health.
4.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this Chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
5.
Mini-marts, subject to the following requirements:
(i)
Mini-marts shall not exceed 400 square feet in
improved interior floor area, including but not limited to areas devoted
to sales, coolers, storage of goods sold in the mini-mart, office
space and any other facilities related to the operation of the mini-mart.
(ii)
Drive-up windows shall not be permitted.
(iii)
Arcade, game machines or any other coin-operated
electronic games are prohibited.
(iv)
At least two trash receptacles shall be located
next to the walkway for customer use.
(v)
An enclosed dumpster area shall be provided.
(vi)
Special consideration will be given to the impact
of noise, litter, lighting and traffic on adjacent properties.
(vii)
Off-street parking shall be provided at a rate
of one space for each 300 square feet of gross floor area. Said parking
spaces shall be in addition to those required for the service station.
(viii)
The sale of alcoholic beverages is prohibited.
(ix)
The physical boundaries of the mini-mart must
be clearly delineated on the site plan.
(3)
Accessory uses. Accessory uses shall be as follows:
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area: none.
(b)
Minimum required lot frontage: 50 feet.
(d)
Except as otherwise provided, where a lot in any 1-2 District
adjoins any R-1 through R-6, O-R or PRD District, a landscaped buffer
of at least 35 feet shall be provided along the property line.
(e)
Maximum FAR: 2.0.
(f)
Maximum lot coverage: 80%.
[Ord. of 5-18-1982, § 1; Ord. of 2-16-1988, § 1]
(1)
Purpose of district. The purpose of this district
is to provide areas for high-performance industrial-type uses with
little or no truck traffic or noise-generating activity, in accessible
locations and in a more open setting which will provide jobs or strengthen
the tax base, as well as provide an opportunity to allow economic
development that can serve as a buffer between residential areas and
more intensive and objectionable industrial or general commercial
uses.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Business and professional offices.
2.
Medical laboratories.
3.
Research, design and development laboratories devoted exclusively
to research, product development and testing, engineering and sales
development.
4.
Conference and meeting facilities.
5.
Residential development, subject to the requirements of High-Density R-5 District Permitted Uses [Section 19-3.16(2)], and further subject to all other requirements applicable to High-Density R-5 District residential development, including without limiting the generality of the proceeding all lot and bulk requirements, parking and loading requirements and landscaping and screening requirements applicable to R-5 District development.
6.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
(b)
Uses subject to issuance of a special permit by the Planning Board, in accordance with the requirements of Section 19-6.2 of this Chapter:
1.
Pilot plants for the testing of manufacturing, processing or
fabrication methods or for the testing of products or materials only
as an accessory use to a research laboratory and, in no case, shall
more than 25% of the total floor area be devoted to such uses. No
materials or finished products shall be manufactured, processed or
fabricated on said premises for sale, except such as are incidental
to said research, design or experimental work. Nothing herein contained
shall, however, prohibit construction of pilot or experimental models
which may later be sold.
2.
Institutions for higher learning, business, vocational and training
schools, including colleges, universities, junior colleges, business,
banking, business management, secretarial and office service schools,
computer and data processing schools, art and drafting schools, barber,
beauty and cosmetology schools, commercial or noncommercial food preparation
schools, photography schools, schools for training in the martial
arts, dancing, gymnastics and music, schools for fashion design; under
the following conditions:
3.
Warehouses and storage uses, provided that access for trucks
shall be available onto a road classified as an arterial street in
the City of Poughkeepsie Comprehensive Plan.
4.
Standard restaurant.
6.
Light manufacturing, processing and assembly activities, provided
that such activities are designed, constructed and enclosed so that
there will be no observable external evidence thereof, other than
loading and unloading functions which shall be fully screened from
any adjacent R-1 through R-6, O-R or PRD District. Industrial uses
involving primary production from raw materials, such as but not limited
to asphalt, cement, charcoal, fuel briquettes, chemicals and related
products which may be dangerous, offensive or create nuisances; and
processes, whether or not related to such production, including but
not limited to nitrating, milling, reduction, refining, melting, alloying
and distillation, shall be prohibited.
7.
Libraries, museums and/or art galleries on lots having an area
of not less than 20,000 square feet.
8.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this Chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
There are several parts of the city that have special characteristics
due either to their function or location. It is the intent of these
special zoning district to encourage the exploitation of these special
characteristics in a positive manner. This approach is intended to
serve as a means of encouraging development with similar characteristics
and needs to locate in proximity to each other and to strengthen the
physical and economic integrity of particular parts of the City.
[Ord. of 9-15-2003, § 1; Ord. of 5-3-2004, § 1]
(1)
Purpose of district. The purpose of this district
is to encourage the creation or maintenance of sound development of
certain portions of the City's waterfront in a manner that optimizes
the waterfront location while simultaneously protecting the physical
integrity of the waterfront and expanding the range of water-oriented
activities for residents and visitors.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Public or private marinas and parks and refreshment and service
buildings accessory thereto.
2.
Yacht clubs.
3.
Small boat construction and repair.
4.
Boat charters.
5.
Retail stores, except that each retail establishment may not
exceed 8,000 square feet per floor.
6.
Museums and galleries.
7.
Arts and crafts studios or studios for teaching or practicing
performing arts.
8.
Hotels, motels or boatels.
9.
Motion-picture or legitimate theaters, except adult motion-picture
or mini-theater, as defined herein.
10.
Standard restaurants, provided that at least two meals are served
each day that such restaurant is open and that 75% of the seats are
at the tables.
11.
Commercial recreation, including tennis, skating rinks, dance
halls, billiard parlors, bowling alleys, swimming pools, health clubs
and uses normally accessory thereto (lockers, restaurant, retail sale
of goods associated with the particular activity).
12.
Golf, tennis or swim club.
(b)
Uses subject to issuance of a special permit by the Planning Board in accordance with the requirements of Section 19-6.2 of this chapter:
1.
Residential development, subject to the requirements of Urban Density Residence District R-6 (Section 19-3.17).
3.
Fast-food restaurants, including walk-up windows, only as part
of a mixed-use development, provided that no drive-up window shall
be permitted.
5.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
(3)
Accessory uses. Accessory uses shall be as follows:
(a)
Off-street parking.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses, greenhouses.
(f)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets shall
be prohibited.
(g)
Fully enclosed storage.
(h)
Outdoor storage of boats.
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area for nonresidential development: none.
(b)
Minimum required lot frontage: 50 feet.
(c)
Minimum required yards: none, except if provided must be at
least six feet.
(d)
Maximum FAR: 1.25.
(e)
Maximum lot coverage: 50%.
(f)
Maximum height of structures exclusive
of rooftop mechanicals and ornamentation:
(i)
For structures on the west side of North Water Street between
Main Street and the Fallkill Creek: 40 feet, except as provided in
Subsection (4)(f)(iii) below;
(ii)
Elsewhere in the Waterfront District: 60 feet,
except as provided in Subsection (4)(f)(iii) below;
(iii)
Where structures of maximum height will adversely
affect views from the following locations, public parks, the Poughkeepsie
Railroad Station, Kaal Rock, the Mid-Hudson Bridge, Vassar Brothers
Hospital, DeLaval, the steps of Our Lady of Mount Carmel Church, such
structures must be reduced to a height that will not impact said views
except that in no instance shall buildings be required to be reduced
to less than 35 feet in height inclusive of rooftop mechanicals, water
towers or ornamentation.
(g)
Minimum distance of structures from the mean high water mark
of the Hudson River, other than structures or improvements of which
the usual and customary use requires direct communication with the
waters of the Hudson River such as, but not limited to, piers, docks,
marinas, fishing stations, boat launches or the like: 25 feet.
[Ord. of 10-16-1989, § 7; Ord. of 4-1-1991, § 4]
(1)
Purpose of district. The purpose of this district
is to encourage controlled expansion of health-related land uses around
Vassar Brothers and St. Francis Hospitals and in other selected locations
where health services are appropriate while maintaining the scale
and viability of the residential neighborhoods.
(2)
Permitted uses. No building or premises shall be
used, in whole or in part, for any purpose except those listed below:
(a)
Uses permitted by right:
1.
Single-family detached dwellings.
2.
Two- and three-family houses.
3.
Conversion of a building in existence on the effective date
of this chapter for occupancy by up to four families.
4.
Townhouses.
5.
Renting of not more than two rooms by the resident family, provided
that no sign advertising the availability of such rooms shall be displayed.
7.
Municipal parks and recreational facilities, including refreshment
and service buildings accessory thereto and any other governmental
uses and structures of the City of Poughkeepsie, the County of Dutchess
or the state or federal governments or agencies thereof.
8.
Public, private, parochial schools, subject to the requirements of Section 19-3.12(2)(a)4 of this chapter.
9.
Cemeteries.
(b)
Uses subject to issuance of a special permit by the Planning Board, subject to the requirements of Section 19-6.2 of this chapter.
1.
Places of worship, including parish houses, religious schools, meeting houses and recreation facilities customarily accessory thereto, subject to the requirements of Section 19-3.12(2)(b)1 of this chapter.
3.
Nursery or preschool educational establishments or day-care centers, subject to the requirements of Section 19-3.12(2)(b)3 of this chapter.
4.
Mobile homes, subject to the requirements of Section 19-3.12(2)(b)4 of this chapter.[1]
[1]
Editor's Note: Said section was repealed.
5.
Libraries, museums and art or antique galleries on lots having
an area of not less than 20,000 square feet.
6.
Golf, tennis or swimming clubs, subject to the requirements of Section 19-3.12(2)(b)6 of this chapter.
7.
Family day-care homes.
8.
Agency group homes, agency community residences or family care homes, subject to the requirements of Section 19-3.12(2)(b)8 of this chapter.
9.
Hospitals for human beings, skilled nursing facility, convalescent
homes, intermediate care facilities or private proprietary homes for
adults, subject to the following requirements:
10.
Offices for doctors, dentists and other licensed medical practitioners.
11.
Clinics providing outpatient medical care.
12.
Medical testing laboratories.
13.
Hospital staff residences, subject to the requirements of the
Medium-Density Residence District (R-3); single rooms shall be counted
as an efficiency apartment for purposes of measuring density.
14.
Pharmacies and/or retail stores for sale of medical supplies.
16.
Off-street parking, as the principal use of a lot, subject to
the following requirements:
(i)
The parking facility shall be designed and maintained in accordance with provisions of Section 19-4.3 of this Chapter entitled "Off-street parking and loading."
(ii)
Said facility shall be utilized solely for parking
duly licensed and registered and operable motor vehicles.
(iii)
The lot and bulk requirements of this section
do not pertain to any paved or resurfaced parking area; however, if
a building or structure is proposed to be erected on the lot, said
structure must conform to the lot and bulk requirements herein.
(3)
Accessory uses. Accessory uses shall be as follows:
(a)
Off-street parking.
(b)
Buildings for housing pets; playhouses.
(c)
Garden houses, greenhouses.
(d)
Servants' quarters or guest house, subject to the requirements of Section 19-3.12(3)(e) of this Chapter.
(g)
Keeping of not more than three customary household pets over
six months old. The commercial breeding or boarding of pets is prohibited.
(h)
Cafeteria or recreation facilities for use by employees or clientele.
(4)
Lot and bulk requirements. Lot and bulk requirements
shall be as follows:
(a)
Minimum required lot area:
1.
For uses permitted and regulated in the Medium-Density Residence District (R-3), subject to the requirements of Section 19-3.14(4) of this Chapter, except townhouses which are subject to the requirements of Section 19-3.15(4).
2.
For all other uses and except as otherwise provided herein:
10,000 square feet.
(b)
Minimum required frontage: 50 feet.
(c)
Minimum required yards: except as otherwise provided herein, yards for buildings with residential uses shall meet the standards of the Medium-Density Residence District (R-3), [Section 19-3.14(4)(d)], except for townhouses which are subject to the requirements of Section 19-3.15(4).
(d)
Maximum FAR: 2.0.
(e)
Maximum lot coverage for nonresidential and mixed use buildings:
50%.
(f)
Required open space: same as R-4 [Section 19-3.15(4)(i)].
[Added by L.L. No. 4-2014, 11-17-2014, § 1]
(1)
Purpose of district. The purpose of the WTOD District
is to encourage a pedestrian-friendly, urban mix of public, recreational,
residential, and compatible commercial uses within walking distance
of waterfront parks, the Walkway Over the Hudson elevator, and the
Railroad Station. This mixed-use district is designed to promote public
access to the waterfront along a continuous Greenway park and walkway
system and to create a regionally connected destination center around
the Railroad Station with direct links up Main Street to the City
Center.
The waterfront is one of the City's greatest assets and represents
exceptional opportunities for balancing high value development with
public access to riverfront recreational and entertainment activities.
The standards in this section are designed to achieve the following
additional objectives:
(a)
To encourage a mix of water-dependent and water-enhanced recreational,
public, residential, and compatible commercial uses, which complement
each other and take advantage of this unique location along the Hudson
River and around the Railroad Station.
(b)
To support the most desirable and appropriate use of land and
building development based upon consideration of land characteristics
and other environmental features, adjacent neighborhoods, and overall
community needs, while also protecting historic buildings, enhancing
the value of land and buildings, and increasing the tax revenue base.
(c)
To enhance public access to the river and ensure that development
and land or water use activities occur in harmony with the parkland
and ecological systems that exist along the Hudson River.
(d)
To promote new mixed-use development at levels sufficient to
encourage an active waterfront walking district, bicycling, car-sharing,
and other transportation alternatives, and public transit use for
residents and visitors.
(e)
To create a more complete and diverse neighborhood with a balanced
mix of housing types and incomes.
(f)
To ensure that development of the waterfront is consistent with the City's Local Waterfront Revitalization Program as described in Chapter 18 1/2 of the City of Poughkeepsie Code, the City's Comprehensive Plan, and Greenway Connections, the Hudson River Valley Greenway Compact.
|
In case of any conflict between these additional standards and
other provisions in this Zoning Code, this section shall take precedence.
|
(2)
Development standards for the WTOD District. Development
should implement the principles and overall Illustrative Plans in
the 2014 Poughkeepsie Waterfront Redevelopment Strategy, although
the uses and forms of individual buildings may vary. Adoption of this
plan by the Common Council is intended to streamline the development
review process for proposals deemed consistent with the Waterfront
Redevelopment Strategy.
(a)
Permitted uses in the WTOD District, as defined in Figure 3[1] and the City of Poughkeepsie Zoning District Map, as amended.
1.
Permitted uses and uses subject to a special use permit or site
plan review are included in Table A, Principal Use Table, at the end
of this section.[2]
[2]
Editor's Note: Table A is included as an attachment to this chapter.
2.
Permitted accessory uses shall include off-street parking, fully
enclosed storage, signs subject to Section 19.4.9, and other subordinate
uses customarily associated with any permitted use.
3.
Full development of non-park parcels within 1/2 mile of the
Railroad Station is encouraged. Multiple uses are permitted on a lot
and a vertical mix of uses in a building, such as housing above retail,
is preferred.
4.
In order to promote a mix of uses, activate sidewalks near the
waterfront, and promote transit-oriented development near the Railroad
Station, any ground floor use facing a public street in buildings
fronting N. Water Street west and south of the existing parking structure
and buildings fronting Main Street east of the Water Street intersection
shall be limited to permitted retail, restaurant, bar, hotel, personal
service, public, or cultural uses.
5.
To ensure that partial development of a parcel will not preclude
future development consistent with the purposes of the WTOD District,
the Planning Board may require the applicant to prepare a conceptual
plan for the entire parcel when applying to develop or subdivide a
portion of a larger parcel.
[1]
Editor's Note: Figure 3 is included as an attachment to this chapter.
(b)
Dimensional standards for the WTOD District.
1.
All new construction or changes in existing structures shall
be subject to the permitted building heights, setbacks, and other
dimensional standards listed in the Regulating Plan, Blocks A through
G (see Figures 4.1 through 4.8).[3]
[3]
Editor's Note: Figures 4.1 through 4.8 are included as an attachment to this chapter.
2.
Building height shall be measured in number of stories fronting
on a public street, park, or plaza, excluding attics and basements.
Stories shall not exceed 14 feet in height, except for a ground floor
commercial, public, or cultural function, which may be up to 20 feet
in height.
3.
Chimneys, vent pipes, mechanical systems, elevator shafts, antennas,
roof decks or gardens, greenhouses, solar collectors, and other rooftop
accessory structures may project up to 15 feet above the maximum height.
With the exception of roof decks or gardens and solar collectors,
such projections shall occupy no more than 20% of the roof area and
must be set back at least 15 feet from the front edge of the roof
or otherwise be screened from public views.
4.
Buildings with varied heights, rooflines, roof gardens, and
roof terraces are encouraged. The Planning Board may approve a corner
or central tower one story above the permitted height, subject to
a special use permit, if it meets the following conditions:
a.
Occupies no more than 20% of the total roof area;
b.
Does not obstruct a public view identified in the Local Waterfront
Revitalization Program;
c.
Contributes to a more architecturally varied building and block;
and
d.
Provides access to a roof garden or terrace for all building
residents or the public.
(c)
Streetscape standards for the WTOD District.
1.
Street dimensions and designs for Water Street south of the
Fall Kill Creek and Rinaldi Boulevard north of Gerald Drive shall
be consistent with the illustrative sections in Figures 5.1 through
5.4.[4]
[4]
Editor's Note: Figures 5.1 through 5.4 are included as an attachment to this chapter.
2.
Street trees are an essential element of the streetscape and
shall be located adjacent to the curbline on average 30 to 40 feet
apart, depending on driveways and utilities. Tree wells and tree lawns
shall be designed to complement the stormwater drainage system and
shall be at least four feet wide by six feet long to maintain healthy
trees. The Planning Board may require lot owners or commercial businesses
to provide and maintain (or replace if damaged or dead) street trees,
planters, or other landscaping improvements as part of site plan approval.
3.
Sidewalks shall be required on both sides of the street and
continue across driveways, with an unobstructed space for pedestrian
activity at least five feet wide along residential frontages and at
least eight feet wide along commercial frontages, whenever possible.
4.
On-street parking is encouraged, wherever possible, to provide
convenient public parking for nearby parkland and commercial uses,
to reduce the need for off-street surface lots and structures, to
calm vehicle speeds, and to protect pedestrians from vehicular traffic.
5.
Art installations, pocket parks, benches and sitting spaces,
and seasonal dining areas with movable tables, chairs, umbrellas,
and low planters or partitions are encouraged on or adjacent to the
sidewalk and may be approved by the Planning Board if there is sufficient
unobstructed space for pedestrian through traffic.
6.
The Planning Board may require the placement of a transit shelter
and/or bicycle rack on or adjacent to sidewalks as part of site plan
approval.
7.
All sidewalk furnishings, including light fixtures, trash receptacles,
benches, bike racks, planters, and ornamental fencing (up to four
feet high) shall be coordinated throughout the district by the Planning
Board as part of the site plan review process, using similar or compatible
colors and consistent types of light fixtures, benches, and trash
receptacles. Vinyl, plastic, or chain-link fencing shall be prohibited.
(d)
Site standards for the WTOD District.
1.
Concrete or paver walkways at least five feet wide shall link
all primary building entrances and public parking areas to the adjacent
municipal sidewalk system.
2.
Any setback areas not devoted to structures, driveways, walkways,
and sidewalks shall be planted and/or landscaped, including a combination
of street trees, shade trees, and ornamental plantings.
3.
Land shall be developed in such a way as to enhance overall
public views toward the Hudson River and provide new river view opportunities
from buildings. Site layout and design shall consider public view
corridors or locations identified in the Local Waterfront Revitalization
Program's Map 9 and shall also consider the important views of the
City from the Hudson River.
4.
Sites and buildings shall meet A.D.A. requirements and shall
apply universal design principles, whenever possible, to enable those
with mobility impairments unrestricted access.
5.
Lighting fixtures shall be a maximum of 15 feet in height, except
pole lights in rear parking lots may be a maximum of 20 feet high.
Lighting shall be energy efficient, have full-spectrum color quality,
and shall use full cutoff fixtures to prevent any light above the
horizontal level into the night sky. Exceptions to these lighting
standards may be made for short-term event lighting, holiday lighting,
or other decorative bulbs under 900 lumens.
6.
The following accessory uses are discouraged on the riverfront
side of parcels directly adjacent to the waterfront or along public
streets: truck docks; service drives; parking lots; storage; electrical
or mechanical equipment; private trash or garbage containers or other
building maintenance facilities; ventilator exhausts; or freestanding
commercial signs. If such uses are permitted by the Planning Board
as part of site plan review, uses shall be completely screened with
plantings, architecturally treated walls and other appropriate means.
7.
All new or replaced utilities shall be underground.
8.
Because of the compact, mixed-use character of the district,
the Planning Board has the authority to set restrictions on permitted
uses that may involve hazardous materials, excessive noise, vibrations,
smoke, odors, or other forms of pollution, and to limit late night
hours of operation for businesses.
9.
Ecological and sustainable site and building design practices
are encouraged, including such techniques as:
a.
Adaptively reusing buildings or building materials, whenever
possible.
b.
Incorporating green infrastructure techniques for stormwater
management and providing shared, multiparcel drainage and parking
solutions (see the New York State Stormwater Management Design Manual
and Greenway Guide E8, Green Infrastructure).
c.
Integrating eco-roofs/green roofs or similar permeable building
roofing systems.
d.
Capturing rainwater for irrigation or other uses.
e.
Incorporating the use of pervious paving systems in areas intended
for pedestrian or vehicular use.
(e)
Building standards for the WTOD District.
1.
Orientation and entrances.
a.
Buildings shall be oriented to frame the street and encourage
a lively walking district with buildings and multiple storefront entrances
directly along the sidewalk, more detailed architectural elements
on the first floor, and pedestrian-scale lighting and signs. A maximum
distance of 60 feet between individual store entrances is encouraged.
b.
The main pedestrian entrances shall be designed to face the
primary frontage. Where rear parking is provided, a rear entrance
may be permitted, but shall be clearly secondary to the main entrance
along the street or park sidewalk frontage.
2.
Frontage types for the WTOD District. The following frontage
types are permitted (see Figure 6[5]):
a.
Shop front. The building is located at or very close to the
front property line with the entrance at sidewalk grade. This type
is conventional for retail use, with a high percentage of display
windows on the first floor, a prominent entrance, typically with a
recessed doorway, and often with an awning.
b.
Arcade. An attached colonnade extends the building over the
sidewalk on the first floor, which can be covered by upper stories.
Arcades shall be no less than eight feet deep and 10 feet high.
c.
Forecourt. A semipublic exterior space with the back and sides
surrounded by a building and the front open to the street forms a
court, which is suitable for landscaping, gathering space, or outdoor
dining.
d.
Stoop. The entry porch and ground floor are elevated by stairs
from the sidewalk, allowing privacy for first floor residential use
even when placed close to the frontage line. Stoops shall be raised
at least 18 inches and may be up to 36 inches above the finished grade.
e.
Porch. The building is set back from the frontage line with
an open porch allowed to encroach into the planted front yard. Porches
shall be no less than eight feet deep.
[5]
Editor's Note: Figure 6 is included as an attachment to this chapter.
3.
Building architecture.
a.
Architectural features and windows shall be continued on all
sides of the building to avoid blank exterior walls, unless the wall
is not visible from a public street, parkland, or parking area.
b.
Buildings fronting on more than one street shall provide a consistent
quality of similar materials appropriate for a principal facade.
c.
Buildings shall have cornice or top-floor edge features and
first-floor architectural articulation, such as storefronts with a
secondary cornice or an architecturally emphasized entrance doorway,
to accent a facade pattern that differentiates between the base, middle,
and top (see Figure 1).
Figure 1: Use projecting cornice features and more detailed
architectural elements on the first floor to create architectural
variety on building facades.
|
d.
Building elements that add architectural interest, such as balconies,
bay windows, and cornices, may encroach up to four feet into the front
setback or beyond the front lot line, if the bottom of the encroaching
building element is at least 12 feet above grade.
e.
Buildings shall have at least a two-foot break in depth along
all street facades and roof lines for every 50 feet of continuous
facade. Such breaks may be met through the use of bay windows, porches,
porticos, building extensions, towers, recessed doorways, and other
architectural treatments and need not run the entire height of the
building (see Figure 2).
Figure 2: Break up facades through the use of bay windows,
porches, porticos, building extensions, towers, recessed doorways,
and other architectural treatments.
|
f.
Any new building, addition, or alteration should be finished
with materials that fit in with the existing historic buildings in
the area (see a selection of historic buildings in Figure 7[6]). Recommended materials include brick, natural stone,
wood siding and trim, shingles, slate, stucco, and smooth fiber-cement
siding and trim. Vinyl, aluminum, or sheet metal siding, exposed concrete
blocks or walls, plywood or unpainted lumber, all-glass facades, and
synthetic stone, brick, or stucco are not permitted.
[6]
Editor's Note: Figure 7 is included as an attachment to this chapter.
g.
Structural metal, glass, or canvas-type canopies, canvas-type
awnings, and projecting signs may encroach up to six feet into the
front setback or over a sidewalk above seven feet. Vinyl, aluminum,
or backlit awnings or canopies and exterior roll-down security gates
shall not be permitted.
h.
Street level commercial facades shall have a minimum of 70%
window coverage and transparent door area between two and 10 feet
above the sidewalk, with views provided into the business. All other
facades visible from a public street or parkland shall have a minimum
of 30% window coverage.
i.
Windows shall be transparent (not mirrored or visibly tinted)
and primary individual window proportions shall be greater in height
than in width, although the Planning Board may allow exceptions for
storefront, transom, and specialty windows.
(f)
Parking standards for the WTOD District. Because of the regional
transit connections provided by the Railroad Station, frequent bus
service to the City Center, and the intention to create a pedestrian-
and bicycle-friendly waterfront district where it is convenient to
arrive by transit or park once and walk around, parking requirements
are reduced and shared parking arrangements away from the riverfront
are encouraged.
1.
The following off-street parking standards shall be considered
both minimum and maximum numbers, unless a professional parking analysis
of the proposed use and the surrounding area demonstrates to the Planning
Board's satisfaction that a different amount of parking is appropriate
for the use and location:
a.
Residential dwelling: 0.5 space per unit.
b.
General retail: one space per 400 square feet of gross floor
space.
c.
Personal service business: one space per 350 square feet of
gross floor space.
d.
Restaurant or cafe: one space per 250 square feet of gross floor
space.
e.
Office: one space per 350 square feet of gross floor space.
f.
Hotel or other lodging: 0.75 space per guest bedroom.
g.
Other uses: as set by the Planning Board.
2.
As part of an analysis to support a reduction in the amount
of required parking, the Planning Board may consider if the peak hour
activities of the use are such that parking is available to the public
in the parking structures or lots surrounding the Railroad Station
or at nearby on-street parking.
3.
To reduce area automobile traffic and parking needs, new development
as part of site plan review shall include techniques to support alternative
means of transportation, consistent with the City of Poughkeepsie's
best practices in transportation demand management.
4.
Surface parking lots and garage doors for residential uses shall
be located toward the rear of the lot, behind buildings whenever possible,
and screened from public street views.
5.
Shared parking arrangements are encouraged (see Section 19-4.3). The Planning Board may require shared driveways and/or interconnected parking lots to facilitate fewer curb cuts.
6.
Loading shall be arranged in non-peak hours, whenever possible,
to avoid the need for separate loading facilities.
7.
Parking structures shall be designed in conformance with the
following standards:
a.
The river or park facade and any facade visible from a public
street shall be finished with quality materials and given attractive
architectural and landscaping treatments.
b.
Vehicular access to the structure shall have minimal impact
on pedestrian circulation.
c.
Ramping (sloping) floors, unfinished structural elements, lights
or mechanical appurtenances shall not be visible from the river, public
parkland, or a public street.
d.
Vehicles parked within the structure shall be screened so that
they are not visible from the river, public parkland, or a public
street.
e.
Freestanding parking structures permitted as a principal use
require first floor retail or other active uses along the primary
street frontage.
[Ord. No. O-19-2, 2-11-2019, § 1]
(1)
Purpose of district. The purpose of the Poughkeepsie Innovation District (PID) zoning is to implement the principles and overall objectives established in the Poughkeepsie Innovation District-Policy Framework (PID-PF). The PID-PF provides a detailed implementation framework for executing the principles advanced by previous planning efforts such as the Poughkeepsie City Center Revitalization Plan (PCCRP) and the Main Street Economic Development Strategy (MSEDS). The purpose of the Poughkeepsie Innovation District (PID) and subdistricts, as further described in Section 19-3.37(4) below, is to revitalize the City of Poughkeepsie's historic Central Business District through the fostering of a walkable mixed-use neighborhood that supports quality residential development and institutional spaces for learning and socializing, as well as work spaces for Poughkeepsie's creative and innovative businesses.
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Specifically, the six key components of the Poughkeepsie Innovation
District-Policy Framework include:
|
(a)
Land use and urban design regulations that encourage transit-oriented
development and the preservation of Main Street's historic character.
(b)
Proposals for stimulating local revitalization through the building
of a creative economy that supports and enhances Poughkeepsie's creative
and applied arts industries while also coordinating with local institutions
to improve education and workforce development opportunities.
(c)
Recommendations for connecting the Poughkeepsie Innovation District
to the rest of the City and region through an integrated transit network
with multimodal connections.
(d)
Strategies for retaining and enhancing affordable housing within
the Poughkeepsie Innovation District.
(e)
Strategies for remediating and redeveloping vacant properties,
including surface parking lots.
(f)
Recommendations for efficient governance and implementation
through the fostering of partnerships, a streamlined development process,
and marketing of the Poughkeepsie Innovation District.
(2)
Boundaries of Poughkeepsie Innovation District.
The PID centers upon a portion of Poughkeepsie's historic Main Street,
a cluster of civic institutions, and a regional bus hub. The area
within the PID is sometimes referred to as the City's Central Business
District. The northern and southern boundaries of the district are
delineated by the westbound and eastbound arterials, Mill Street and
Church Street, respectively, with the PID incorporating parcels on
either side of the roadways. Columbus Drive serves as the district's
boundary to the west, and Hamilton Street delineates the eastern boundary.
Parcels on both sides of Hamilton Street are included within the PID.
The boundaries of the Poughkeepsie Innovation District and subdistricts
are shown in Figure 3.37-1.
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Figure 3.37-1. Poughkeepsie Innovation District and
Subdistrict Boundaries
 |
(3)
Pre-approved building forms. The PID regulations
provide building owners and developers with broad latitude to build
as-of-right a variety of land uses within the Poughkeepsie Innovation
District. The PID offers four different subdistricts that allow for
a variation of land uses within a single district as long as building
placement, dimensions, and facades meet the prescribed typologies.
These regulations are designed to streamline the development review
process by establishing clear guidelines that are mutually understood
by the Planning Board and the development community as consistent
with the Poughkeepsie Innovation District-Policy Framework.
(4)
Subdistricts. The land use and development objective
of each of the four PID subdistricts is described below.
(a)
The Historic Core (PID-HC) Subdistrict is a medium-density commercial corridor with vertically mixed buildings characterized by engaging ground floor uses such as restaurants, bars, retail, personal services, artisan manufacturing, and galleries that are flush with the front property line and maintain high levels of ground floor transparency to create an engaging pedestrian environment. In addition to and not in lieu of the requirements set forth in Section 19-4.5, preservation of historic architecture is encouraged when possible, and new development should complement the existing character of the corridor.
(b)
The Urban Village (PID-UV) Subdistrict is a higher-density multifamily
residential district with allowances for some office uses and artisan
manufacturing, and ground floor uses such as restaurants, bars, retail,
personal services, and galleries to support the residential population.
Pedestrian plazas and parks are permitted within the district.
(c)
The Civic Corridor (PID-CC) Subdistrict is an area containing
medium-density, well-designed institutional buildings with significant
public access. Civic and educational uses with student housing and
quality open space and pedestrian plazas are encouraged.
(d)
The Creative Edge (PID-CE) Subdistrict is intended to be a lower-density
transition district that allows for artisan manufacturing, such as
microbreweries or custom furniture making, office, and live-work spaces
to support the innovation economy, with some allowance for low-density
residential such as townhomes and two-family dwellings, especially
on parcels abutting neighboring residential communities.
(5)
Applicability.
(a)
The provisions of this Section 19-3.37 shall apply to the PID and shall be in addition to other requirements of the City Zoning Ordinance. In the event of any direct conflict, the provisions of this section shall control.
(b)
All new uses of land and structures, changed uses of land and structures, and significant facade changes shall comply with Section 19-3.37. Existing nonconforming uses may continue as provided in Chapter 19, Article V, of the City Zoning Ordinance, except as may be otherwise provided in this section.
(c)
This section uses the term "shall" when a standard is required
and "should" when the standard is to be applied, unless the Planning
Board finds strong justification for an alternative solution in an
unusual and specific circumstance. The terms "encouraged" and "permitted"
mean preferred but not required.
(d)
In order to encourage mixed uses, more than one principal building
and more than one principal use shall be allowed on any lot or parcel
in the PID District, subject to all approval criteria contained herein.
(6)
Site plan review. Site plan review shall be required of all proposed development as outlined in Section 19-6.1.
(a)
Permitted uses designated by P* in Table 3.37-1 have been determined
not to negatively impact parking, loading, drainage or utilities and
therefore do not require site plan review by the Planning Board.
(7)
Permitted uses. Permitted uses for each of the four
subdistricts are included in Table 3.37-1 below.
(a)
The permitted uses listed in Table 3.37-1 are intended as a
general reference, and therefore are not exhaustive. The listed uses
represent general examples of desired and discouraged uses within
the PID. The authority to interpret uses not explicitly listed is
vested in the Planning Board or designee. Written justification of
the interpretation must be filed with the formal decision letter and
the following criteria contemplated:
1.
Unlisted uses permitted within a district should have equal
or lesser intensity than other permitted uses within a specific subdistrict
with regards to parking requirements, occupancy, traffic, and effects
on the pedestrian environment.
2.
Unlisted uses permitted within a district shall not be inconsistent
with explicitly permitted uses identified in Table 3.37-1.
(b)
Accessory uses. The following accessory uses
and structures are permitted in the PID in connection with any permitted
or lawfully existing use within each subdistrict:
1.
Accessory dwelling units are permitted within the PID only if
constructed behind the front building line of the primary use.
2.
Off-street parking is permitted, provided that it is located
behind the front building line of the primary use or in the interior
of the lot and not visible from the street.
3.
Structures for housing pets, playhouses, garden houses, and
greenhouses are permitted behind the front building line of the primary
use.
4.
Structures for home occupations are permitted, provided the
structure is located behind the front building line of the primary
use and not visible from the street.
6.
Solar collectors and micro wind turbines are permitted. Features
may extend up to 15 feet above the maximum height limit, as long as
the combined total coverage of the rooftop features do not exceed
25% of the roof area when typical features (such as elevator penthouses)
are present. If rooftop features exceed the 25% roof coverage, solar
collectors may only extend seven feet above maximum height limits.
7.
Food trucks are permitted as an accessory use for a definitive
period of time and subject to permitting requirements.
(c)
Ground floor uses. In order to promote a walkable
urban environment with active storefronts along Poughkeepsie's primary
commercial streets, all street-facing ground floor uses for buildings
located in the PID-HC Subdistrict shall be limited to nonresidential
uses.
(d)
Parks and programming. Permanent parks and outdoor recreational spaces are permitted as-of-right in all subdistricts, subject to design standards outlined in Section 19-3.37(12)(d), with the exception of the PID-HC Subdistrict. The exclusion of parkland from the Historic Core Subdistrict is intended to encourage a consistent streetwall and maximize the efficiency of land use within the commercial corridor.
(e)
Prohibited uses.
1.
Drive-in or drive-through facilities, whether standalone or
used in connection with any other use, are prohibited.
2.
Surface parking as a principle use is prohibited within the
PID.
3.
Front yard parking spaces are prohibited.
|
Table 3.37-1: Uses Permitted by Subdistrict
| ||||
|---|---|---|---|---|
|
Use
|
PID-HC Historic Core
|
PID-UV Urban Village
|
PID-CC Civic Corridor
|
PID-CE Creative Edge
|
|
Adult Bookstores
| ||||
|
Agriculture (Urban)
|
P
|
P
|
P
|
P
|
|
Art Studio
|
P*
|
P
|
P
|
P
|
|
Auditorium
|
P
|
P
| ||
|
Artisan Manufacturing (Includes Artisan Food and Beverage)
|
P*
|
P
|
P
|
P
|
|
Auto Related
| ||||
|
Bank or Credit Union
|
P*
|
P
|
P
|
P
|
|
Banquet Facility
|
P
|
P
| ||
|
Bar or Tavern
|
P*
|
P
|
P
|
P
|
|
Broadcast Studio
|
P*
|
P
|
P
| |
|
Cafe or Coffee Shop
|
P*
|
P
|
P
|
P
|
|
Cemetery
| ||||
|
Colleges, Universities, Vocational Schools
|
P
|
P
|
P
|
P
|
|
Community Facilities (Uses, Public)
|
P*
|
P
|
P
|
P
|
|
Convenience Store
|
P
|
P
|
P
|
P
|
|
Convenience Store with Gasoline Pumps
| ||||
|
Cultural Facility
|
P*
|
P
|
P
|
P
|
|
Day-Care Center
|
P
|
P
|
P
| |
|
Drive-In or Drive-Through Establishment
| ||||
|
Dwelling, Multifamily
|
P*
|
P
|
P
|
P
|
|
Dwelling, Single-Family
| ||||
|
Dwelling, Two-Family
|
P
| |||
|
Home Occupation (subject to Section 19-4.1)
|
P*
|
P
|
P
| |
|
Hotel
|
P*
|
P
|
P
| |
|
Live/Work Space
|
P*
|
P
|
P
|
P
|
|
Market for Arts, Crafts, or Food
|
P
|
P
|
P
|
P
|
|
Nightclub
|
P
|
P
| ||
|
Offices, Business, Professional, or Medical
|
P*
|
P
|
P
|
P
|
|
Parking as Principal Use
| ||||
|
Parking Structure
|
P
|
P
| ||
|
Parks, Pocket
|
P
|
P
|
P
| |
|
Personal Service
|
P*
|
P
|
P
|
P
|
|
Recreational Facility
|
P*
|
P
|
P
|
P
|
|
Restaurant, Standard
|
P*
|
P
|
P
|
P
|
|
Retail (less than 10,000 square feet)
|
P*
|
P
|
P
|
P
|
|
Retail (more than 10,000 square feet)
|
P
| |||
|
Sidewalk Cafe (subject to Section 15-14)
|
P*
|
P
|
P
| |
|
Student Housing
|
P
|
P
|
P
| |
|
Student Residence
|
P
|
P
|
P
|
P
|
|
Theater or Cabaret
|
P
|
P
|
P
|
P
|
(8)
Dimensional Standards.
(a)
Applicability. All new construction and/or
enlargement of existing structures shall be subject to the permitted
building heights, lot coverage, and dimensional standards presented
in Table 3.37-2 and the subsections below.
(b)
Distance between principal buildings. The minimum
distance between principal buildings on a single parcel shall be 2/3
of the height of the taller principal building or 25 feet, whichever
is greater.
(c)
Building height. Building height shall be measured in number of stories above the finish grade elevation fronting on a public street, park, or plaza, excluding exceptions listed in Section 19-4.14(2). Stories built below the grade of the street shall not be counted toward building height. Stories shall not exceed 14 feet in height, except for a ground-floor commercial, public, or cultural facility, which must be at least 14 feet in height and may be up to 20 feet in height.
(d)
Front yard setbacks. A larger maximum front-yard
setback may be allowed in all subdistricts except the PID-HC, subject
to Planning Board approval, if the area in front of a building has
no parking spaces and is landscaped and used in a manner that enhances
street life by such means as publicly accessible pocket parks, plazas,
outdoor dining areas, or public art. Such outdoor space shall be landscaped
with plant materials that are appropriate to the use and location
and in a configuration that is approved by the Planning Board.
(e)
Side yard setbacks.
1.
A side yard setback shall not be required, but, if provided,
shall not be less than six feet in width.
(f)
Upper-story setbacks. Upper-story setbacks
are utilized to reduce perceived building scale and height, ensuring
a human-scaled urban form and sufficient access to light and air.
1.
Upper-story setbacks on principal buildings adjacent to preexisting structures with wall openings shall be regulated by Section 19-3.23(4)(e).
2.
All stories above a building's base height shall be set back
at a minimum of five feet from the front building line. A building's
base height is measured as twice the width of the public right-of-way
on which the building fronts.
|
Table 3.37-2: Dimensional Standards by Subdistrict
| |||||
|---|---|---|---|---|---|
|
PID-HC Historic Core
|
PID-UV Urban Village
|
PID-CC Civic Corridor
|
PID-CE Creative Edge
| ||
|
Lot Area
|
—
|
—
|
—
|
—
| |
|
Main Building Height
| |||||
|
a
|
Minimum Height
|
2 stories
|
3 stories
|
3 stories
|
2 stories
|
|
b
|
Maximum Height
|
5 stories
|
6 stories
|
6 stories
|
5 stories
|
|
Maximum Accessory Building Height
| |||||
|
Housing
|
2 stories
| ||||
|
Other
|
1 story
| ||||
|
c
|
Minimum Lot Coverage1
|
75%
|
50%
|
50%
|
50%
|
|
d
|
Minimum Open Space2
|
—
|
15%
|
15%
|
15%
|
|
Building Placement3
| |||||
|
e
|
Front Yard (minimum/maximum)
|
0 feet/0 feet
|
0 feet/6 feet
|
0 feet/15 feet
|
0 feet/15 feet
|
|
f
|
Side Yard, per side (minimum/maximum)4
|
0 feet/0 feet
|
0 feet/10 feet
|
0 feet/—
|
0 feet/15 feet
|
|
g
|
Rear Yard (minimum)
|
0 feet
|
8 feet
|
8 feet
|
15 feet
|
|
h
|
Frontage Occupancy (minimum/maximum)
|
100%/—
|
80%/100%
|
80%/100%
|
70%/100%
|
|
Parking Setbacks (minimum)
|
40 feet
| ||||
|
NOTES:
| |
|
1 Minimum lot coverage is calculated
as a percentage of the total lot area.
| |
|
2 Minimum open space is calculated
as a percentage of the total lot area. Minimum open space requirements
are waived for lots under 5,000 square feet. Green roofs may be counted
towards open space requirements.
| |
|
3 Recessed entryways as permitted within frontage types [Section 19-3.37(10)(b)] are not considered setbacks and do not detract from the percentage of frontage occupancy.
| |
|
4 A side yard shall not be required,
but, if provided shall not be less than six feet in width.
|
(9)
Special Dimensional Standards.
(a)
Bonus heights. In order to encourage superior
design, sustainable land use, and inclusive development, an incentive
of additional stories as described below is offered to applicants
of housing developments in the PID-UV and PID-CC Subdistricts if their
buildings incorporate any one of the following features. Maximum cumulative
bonuses shall not exceed three stories.
1.
Affordable housing.
(i)
Three additional stories may be added to the maximum
permitted building height for developments that include 20% or more
of the total units as affordable housing. Fifty percent of the affordable
units shall be priced to be affordable at 60% to 80% of Dutchess County
AMI, and 50% of the affordable units shall be priced to be affordable
at 80% to 100% of Dutchess County AMI.
(ii)
Two additional stories may be added to the maximum
permitted building height for developments that include more than
10% of units as affordable housing with 50% of the affordable units
priced to be affordable at 60% to 80% of Dutchess County AMI and 50%
of the affordable units priced to be affordable at 80% to 100% of
Dutchess County AMI.
2.
Green building practices. One additional story
may be added to the maximum building height for developments that
acquire Gold or Platinum certification through LEED Building and/or
Neighborhood Development Rating System. If not LEED certified, the
applicant is required to demonstrate, through submission of plans,
details and certifications by accredited green building/architectural
professionals, that the proposed site and building techniques are
of similar or greater value in terms of water use, energy efficiency,
stormwater management, and carbon emissions, as LEED Gold or Platinum
certification. The applicant and the applicant's LEED-certified professional
shall work in concert with City staff to identify the LEED rating
system to be used to guide the development and advise the Planning
Board accordingly.
(b)
Through lots. On a through lot in any subdistrict,
front yard setbacks and frontage occupancy requirements as mandated
in Table 3.37-2 shall be met on both street frontages.
(c)
Corner lots. On a corner lot in any subdistrict,
front yard setbacks and frontage occupancy requirements as mandated
in Table 3.37-2 shall be met on each street. A corner lot in the PID-HC,
PID-UV, and PID-CC Subdistricts shall have two front yards and two
side yards. In the PID-CE Subdistrict, one rear yard shall be provided
in each corner lot, and the owner shall designate the rear yard on
his or her application for a permit.
(10)
Building standards.
(a)
Transparency. Transparency, which is achieved
through the arrangement, proportioning, and design of windows, is
important in creating active building facades that are visually engaging
and connect a building's interior activities with the public realm.
Window patterns within the PID shall contribute to superior architectural
design and complement neighborhood character in accordance with the
transparency requirements presented below.
1.
Mirrored, overly reflective, or darkly tinted glass shall not
be permitted.
2.
Security grills are prohibited within the PID.
3.
To maintain transparency and activation, windows on ground floors
may not be more than 30% obstructed by posters, signs, paper, blinds,
curtains, or other materials.
|
Table 3.37-3: Transparency Requirements by Subdistrict
| |||||
|---|---|---|---|---|---|
|
PID-HC Historic Core
|
PID-UV Urban Village
|
PID-CC Civic Corridor
|
PID-CE Creative Edge
| ||
|
a
|
Ground floor transparency, front facade (minimum)
|
70%
|
50%
|
70%
|
40%
|
|
b
|
Ground floor transparency, corner building side facade (minimum)
|
40%
|
25%
|
40%
|
25%
|
|
c
|
Upper floor transparency, front and corner building side facades
(minimum)
|
25%
|
25%
|
25%
|
25%
|
|
d
|
Ground floor window sill height, front and corner building side
facades (minimum/maximum)
|
0.5 foot/2.5 feet
|
—
|
0.5 foot/2.5 feet
|
—
|
(b)
Frontages. (See Figure 3.37-2)
1.
Forecourt. A frontage type where part of the
facade is set back from the front property line and framed by three
or more sides of the building for civic use. The space allows for
gardens, gathering space, outdoor seating, or similar civic space.
Landscaping is encouraged. Forecourts are a semipublic space that
should be inviting and accessible from the adjacent sidewalk.
(i)
Permitted in PID-UV, PID-CC, PID-CE.
2.
Shopfront A. A frontage type that is lined
up directly on the front property line. This type of frontage is located
on the ground floor and typically has a larger height than the upper
stories with a high transparency level. Shopfront A frontage is conventional
for retail use with a prominent entrance and large windows facing
the sidewalk.
(i)
Permitted in PID-HC, PID-UV, PID-CC, PID-CE.
3.
Shopfront B. A frontage type where the front
facade is set back. This type of frontage is located on the ground
floor and typically has a larger height than the upper stories with
a high transparency level. Shopfront B frontage is conventional for
restaurant use with a main entrance facing the sidewalk. Use of the
setback space, such as outdoor seating, is encouraged but not required.
(i)
Permitted in PID-UV, PID-CC, PID-CE.
4.
Shopfront C. A frontage type that is lined
up directly on the front property line. This type of frontage is located
on the ground floor and typically has a larger height than the upper
stories with a high transparency level. Shopfront C frontage is conventional
for retail or restaurant use. The main entrance must be facing the
sidewalk but allows for it to recede into the facade and setback from
the front property line.
(i)
Permitted in PID-HC, PID-UV, PID-CC, PID-CE.
5.
Stoop. A frontage type that allows for an elevated
first floor. The stairs of the stoop are lined up with the front property
line and engage the sidewalk, yet provide privacy for the building.
A sunken light well, a fence or landscaped area in front of the facade
may be used to define the front property line but is not required.
(i)
Permitted in PID-UV, PID-CE.
6.
Plaza. A frontage type where part of the facade,
if not all, is set back and framed by at most two sides of the building.
The space allows for landscaping, gathering space, outdoor seating
or other civic spaces. Plazas are a public space that must be inviting
and accessible from the adjacent sidewalk. This frontage must also
be available to the public for the majority of the day.
(i)
Permitted in PID-UV, PID-CC, PID-CE.
7.
Multifamily residential. A frontage type that
is lined directly on or close to the front property line and has a
prominent entrance facing the sidewalk. This frontage type allows
for a high percentage of transparency on the ground floor level for
residential uses, but does not require as much transparency as a shopfront
frontage.
(i)
Permitted in PID-UV, PID-CC, PID-CE.
8.
Factory or flex. A frontage type that applies
to existing industrial buildings. Intended for adaptive re-use and
allows for design changes but is not necessary. This frontage style
can resemble a shopfront facade if possible but does not require as
much transparency on the ground level.
(i)
Permitted in PID-CE.
|
Figure 3.37.2. Building Frontage Types - See Section
19.3.37(10)(b)1 through 8
|
 |
 |
(c)
Design and architecture.
1.
Entrance orientation. The main entrance for
buildings in all subdistricts shall be located on the front facade.
Buildings situated on corner lots are only required to have one main
entrance, and an entrance may be located on the corner of the building.
The maximum distance between ground floor entrances shall be 50 feet.
2.
Shopfront entrance orientation. The principal
pedestrian entrances for shopfront buildings within the PID-HC Subdistrict
shall be directly connected to the sidewalk. Principal entrances to
shopfronts shall be highlighted through the use of architectural features
such as roofs, recessions into the facade or other details that express
the importance of the entrance.
3.
Historic rehabilitation. New construction and
rehabilitation in the PID-HC Subdistrict shall reflect the traditional
architecture of Main Street in building and roof forms, window proportions,
materials, colors and details.
4.
Blank walls. Architectural features and windows
shall be continued on all sides of the building that are clearly visible
from a street or public parking area to avoid visible blank walls.
5.
Facade articulation. Buildings of 40 feet or
more in width along a lot frontage shall be articulated, reducing
their apparent size and contributing to a human-scale development.
The mass of these buildings shall be broken up using a variety of
architectural details such as divisions or breaks in materials, window
bays, separate entrances and entry treatments, variation in roof lines,
awnings, and positive and recessed massing. Recessed massing shall
not be more than three feet behind the building line.
6.
Awnings. Glass, metal, canvas, and canvas-like
awnings are encouraged along street frontages, and may encroach up
to six feet into the front setback. The base of the awning shall be
a minimum of seven feet and maximum of nine feet above grade.
7.
Roofs. Buildings shall have sloped, mansard,
flat, curved or a combination of roofs with articulated parapets and
cornices. Parapets shall be a minimum of 42 inches high or as may
be otherwise required to conceal mechanical equipment to the satisfaction
of the Planning Board. Towers are also allowed at the discretion of
the Planning Board.
8.
Screening. All mechanical equipment, whether
roof- or ground-mounted, shall be completely screened from adjacent
properties and streets in a manner that is compatible with the architectural
treatment of the principal building.
(11)
Streetscape standards.
(a)
On-street parking. On-street parking is encouraged,
whenever possible, to provide convenient public parking for nearby
parkland and commercial uses, to reduce the need for off-street surface
lots and structures, to calm vehicle speeds, and to protect pedestrians
from vehicular traffic.
(b)
Activation and art. Art installations, pocket parks, benches, and sitting spaces, and seasonal dining areas with movable tables, chairs, umbrellas, and low planters or partitions are encouraged on or adjacent to the sidewalk and may be approved by the Planning Board if there is sufficient unobstructed space for pedestrian through traffic and all requirements of Section 15-14, entitled "Sidewalk cafes," are met.
(c)
Fences, walls and hedges.
1.
Fences, hedges and walls and all supporting structures must
be entirely on the property of the party erecting the fence and shall
not encroach upon a public right-of-way or adjacent property.
2.
Fences, hedges and walls are not applicable towards a development's
minimum frontage occupancy requirements.
3.
All fences and walls shall be installed so that the finished
side shall face outward; all bracing shall be on the inside of the
fence.
4.
Retaining walls should be faced with masonry or other decorative
screening, textures, design, or landscaping to minimize the blank
appearance of walls and ensure compatibility with existing structures.
5.
Fence and wall design should be compatible with the character
of surrounding development.
6.
Heights.
(i)
The height of all fences, walls and hedges shall
be measured from the finished grade to the top of the fence/wall/hedge.
(ii)
Within the front yard, a fence or wall shall not
exceed a maximum of four feet in height. Unless otherwise stated or
approved, a fence or wall shall not exceed a maximum of eight feet
in height.
(iii)
Fences, walls and hedges should not be located
within five feet of a driveway or a street intersection.
(iv)
A maximum of 10 feet in height shall be allowed
to enclose a private or public tennis court, basketball court, or
sports court, provided that the fence is not more than 60% opaque,
and provided the fence is set back at least 10 feet from the property
line.
7.
All fences and walls shall be maintained and, when necessary,
repaired or replaced.
(12)
Site standards.
(a)
Front yard landscaping. Any front setback areas
not devoted to structures, driveways, walkways, and sidewalks shall
be appropriately planted or landscaped. Landscaping shall include
a combination of grass, shrubs, street trees, shade trees, and ornamental
plantings in such manner as to minimize erosion and stormwater runoff
and to maintain or improve the aesthetics of such development.
(b)
ADA requirements. Sites and buildings shall
meet ADA requirements and shall apply universal design principles
whenever possible to ensure unrestricted access to those with mobility
impairments.
(c)
Large lot development standards. This subsection
establishes the vision for the redevelopment of larger surface parking
lots within the Poughkeepsie Innovation District. The intent of this
subsection is to create a walkable, human-scaled urban fabric through
design standards to guide the development of larger parcels. While
some parcels may be suitable for larger single-building developments
such as a supermarket, many larger parcels present the opportunity
for multiple buildings to be developed on a single site, connected
with a network of pedestrian throughways, public plazas, and potentially
new streets. To promote the optimum use of larger parcels within the
PID, applicants may be required to prepare a conceptual master plan.
(NOTE: Conceptual master plans may be developed at various levels
of detail. Generally, the more specific the master plan, the less
review that will be required as the future permitted uses are built.
In reviewing and approving a conceptual master plan, the Planning
Board shall indicate the extent to which the plan will be binding
upon future decisions.) The following development standards shall
be used by the Planning Board in the course of site plan review and/or
conceptual master plan review.
1.
Applicability. Applicants for development on
sites larger than one acre shall consider the feasibility of including
the following site design features.
(i)
Multiple structures. In order
to encourage mixed uses, more than one principal building and more
than one principal use shall be allowed on large lots in the PID,
subject to all approval criteria contained herein.
(ii)
Pedestrian circulation. Pedestrian
alleys, throughways, and shared streets should be considered in order
to break up larger blocks and facilitate pedestrian access and safety.
(iii)
Building orientation. For sites
with multiple buildings proposed, building entrances must be oriented
towards streets and public spaces.
(iv)
Spacing of buildings. For sites
with multiple buildings proposed, each building must be spaced a minimum
of eight feet from all other buildings unless a party wall is shared.
(v)
Focal points. Where feasible,
site design should provide for focal points, such as public outdoor
space, parks, plazas, paths, and architectural elements of interest.
(vi)
Common open space. Common open
space totaling not less than 15% of the total lot size shall be provided
in perpetuity. Parking areas, roads, buildings, other impervious surfaces,
and their improvements shall not be included in the calculation to
determine the amount of available open space. However, the entire
tract, apart from these exceptions, shall be considered in determining
the required amount of open space. The following facilities or improvements
may be located on open space land: water systems, stormwater systems,
bike paths, walking trails, and other common community facilities
that do not involve buildings, such as tennis courts, swimming pools,
and playgrounds.
(d)
Parks and civic space design standards. Parks
and civic space include public open space and privately owned public
spaces in the PID such as forecourts, greens, squares, plazas, pocket
parks, and playgrounds. The standards are intended to encourage lively,
pedestrian-friendly and attractive civic spaces. The following programming
and design standards shall be evaluated by the Planning Board in the
course of site plan review.
1.
Placement and access. Civic spaces shall be
visually and physically accessible, providing pedestrian access from
a public sidewalk or a private walkway open to the public.
2.
Landscaping. Grass, shade trees, and native
and ornamental plantings are encouraged.
3.
Amenities. Civic spaces may accommodate active
or passive recreational activities. However, generally encouraged
amenities include comfortable seating for small groups and individuals,
water features, public art, sufficient lighting, and play equipment.
4.
Maintenance. Privately owned civic space shall
be maintained by its owner or a private entity such as a property
owners' association, nonprofit organization, or business improvement
district. At the time of site plan approval, a general statement as
to how common open space is to be maintained may be required.
(13)
Parking standards.
(a)
Off-street parking requirements. Off-street parking shall comply with the following standards as depicted in Table 3.37-4. The Planning Board may use Section 19-4.3 of this chapter as guidance on standards or requirements that are not addressed herein. In the event of a conflict, Section 19-3.37 shall control.
|
Table 3.37-4. Off-Street Parking Requirements by Subdistrict
| ||||
|---|---|---|---|---|
|
PID-HC Historic Core
|
PID-UV Urban Village
|
PID-CC Civic Corridor
|
PID-CE Creative Edge
| |
|
Multifamily Residential Dwelling
|
0
|
0.5 space per unit plus 1 visitor space per 10 units
|
0.5 space per unit plus 1 visitor space per 10 units
|
0.5 space per unit plus 1 visitor space per 10 units
|
|
Student Housing and Student Residence
|
—
|
1 per bedroom with potential to waive if within 1,320 feet of
public parking facility
|
1 per bedroom with potential to waive if within 1,320 feet of
public parking facility
|
—
|
|
Two-Family and Townhouse Residential
|
—
|
—
|
—
|
1.0 space per dwelling unit
|
|
General Retail
|
0
|
0
|
1 space per 500 square feet of GFA
|
1 space per 500 square feet of GFA
|
|
Personal Service Business
|
0
|
0
|
1 space per 350 square feet of GFA
|
1 space per 350 square feet of GFA
|
|
Restaurant, Cafe, or Bar
|
0
|
1 space per 250 square feet of GFA
|
1 space per 250 square feet of GFA
|
1 space per 250 square feet of GFA
|
|
Office and Nonretail Commercial
|
0
|
0
|
1 space per 400 square feet of GFA
|
1 space per 400 square feet of GFA
|
|
Other uses
|
As determined to be appropriate by the Planning Board during
site plan review
| |||
|
NOTES:
| |
|
*Gross Floor Area (GFA)
| |
|
**Further enumeration of the individual uses categorized within each use group can be found Section 19-3.37(14), Definition of terms, under the definition of "parking use groups."
|
(b)
Parking placement.
1.
All parking may be located adjacent to a building but not between
the building and the front lot line.
2.
All parking spaces shall be set back at least 40 feet from the front property line and screened from view of the street by landscaping as dictated in Section 19-3.37(13)(f) below.
(c)
Compact car requirements.
(d)
Maximum parking permitted. Surface parking
spaces shall not exceed 115% of the minimums required in Table 3.37-4.
(e)
Fee in lieu of off-street parking. An optional
waiver with a fee in lieu of parking provides applicants with an alternative
to restrictive on-site parking requirements and can encourage better
and more efficient site design.
1.
Where an applicant does not meet the required number of off-street
parking spaces for development within the Poughkeepsie Innovation
District, the applicant may seek a waiver from the Planning Board.
2.
In determining whether or not to issue a parking waiver, the
Planning Board shall consider: 1) the constraints prohibiting the
applicant from providing sufficient parking; 2) the proximity of municipal
parking facilities; and 3) the availability of sufficient parking
in identified municipal parking facilities.
3.
Prior to the granting of a parking waiver, the Planning Board
may require the submission of studies and plans by the applicant demonstrating
that practical considerations preclude the provision of such parking
spaces on site.
4.
If the Planning Board issues a waiver pursuant to this section,
the applicant shall pay a one-time fee in lieu to the Planning Department
according to a fee schedule established in Table 3.37-5 below.
5.
Fees imposed pursuant to this section shall be paid prior to
final site plan or subdivision approval and shall be set in a fund
to be used exclusively for capital improvements to municipal public
parking facilities or for the acquisition of property for municipal
public parking facilities. All expenditures from this fund shall be
made at the recommendation of the Commissioner of Public Works and
consent of the Common Council.
|
Table 3.37-5. Parking Fee Schedule
| |
|---|---|
|
Number of Parking Spaces Waived
|
Fee per Waived Parking Space*
|
|
1 to 6
|
$500
|
|
7 to 10
|
$1,000
|
|
11 to 20
|
$3,000
|
|
More than 20
|
$5,000
|
|
NOTE:
| |
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*This fee per space shall be applied to the total number
of spaces waived for a particular project. For example, if 22 spaces
are to be waived at $5,000 per space, the fee in lieu of parking would
be $110,000.
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(f)
Shared parking. In any PID subdistrict, the
Planning Board may, in its sole discretion, approve the joint use
of a parking facility and a reduction in the parking requirement by
up to 40% for two or more principal uses or buildings either on the
same lot or within 600 feet of each other, where it is clearly demonstrated
that the reduction in spaces and shared use of the parking facility
will substantially meet the intent of the requirements for both lots
or uses, due to variation in the time of peak demand and the lack
of reserved parking limiting effective shared use. The Planning Board
is under no obligation to approve shared parking unless it finds that
the shared parking scheme is in the best interest and welfare of the
City and its residents. In such cases, off-street parking requirements
of a given use may be met with off-site, shared off-street parking
or on-site parking shared by more than one tenant. Such joint parking
facilities are governed by the following:
1.
Townhouses and two-family residential. All
parking shall be provided on site.
2.
All other uses. Off-street parking spaces shall
be located on the same lot as the main building or within 600 feet
of the use, as measured along the nearest pedestrian accessway.
3.
Shared parking study. Applicants shall submit
a shared parking analysis to the Planning Board that clearly demonstrates
the feasibility of shared parking. Such study shall address, at a
minimum, the spatial relationship between the sites and/or tenants,
the size and type of proposed development and resulting parking demand,
including peak demand periods, the combined parking demand of uses
that will be sharing the parking area, and the anticipated peak parking
and traffic loads for all uses sharing the parking spaces. Based on
the study, the Planning Board may approve or disallow the proposed
shared parking plan.
4.
Shared parking agreement. A shared parking
plan will be enforced through written agreement among all owners of
record. The agreement shall incorporate covenants and/or a lease for
a minimum term of two years and shall be marked on the final approved
site plan. If a use subject to a shared parking agreement is enlarged
or changed, the Planning Board shall have the discretion to require
full compliance for each separate use upon finding that conditions
justifying joint use no longer exist.
(g)
Parking area landscaping.
1.
Applicability. Surface parking facilities are
discouraged within the PID. However, if provided, interior parking
lot landscaping is required for all off-street parking areas, regardless
of size. The requirements herein apply to all development, except
two-family homes and townhouses.
2.
Requirements.
(i)
Placement and screening. All parking
spaces shall be set back at least 40 feet from the front property
line and screened from view of the street by landscaping at least
three feet in height, opaque fencing with the finished side facing
the street, or other means as approved by the Planning Board. This
planting and screening requirement may be waived along property lines
abutting other off-street parking lots.
(ii)
Terminal ends of freestanding rows. Landscape islands shall be installed at the terminal ends of any
freestanding rows or bays of parking. Freestanding rows or bays of
parking are those that are not abutting the parking lot perimeter
and can have a single or double row of parking.
(iii)
Landscape islands. A landscape
island shall be provided every ninth parking space for rows of parking
that are more than eight spaces in length. There shall be no more
than eight continuous parking spaces in a row without a landscape
island. In all parking areas with more than 12 spaces, landscaped
areas totaling 10% of the paved parking lot area shall be provided
via islands wholly contained within the paved area.
(iv)
Trees in landscaped islands. Each parking island shall be a minimum of nine feet by 18 feet in size and shall be planted with at least one shade tree with a minimum mature height of at least 60 feet selected from a list of preferred tree species as approved by the Shade Tree Commission pursuant to Chapter 17 1/2, Trees, of the City Code. The use of a single tree species throughout the parking area is not encouraged.
(v)
Soil. Trees planted in paved areas/landscaped
islands shall be provided with adequate soil volume to permit proper
watering. Adequate soil volume can vary in size, according to selected
tree species, but in no instance shall the surface area be less than
25 square feet. An additional five linear feet, at a depth of three
feet, of structural soil, which prevents soil compaction, shall be
used underneath pavement that surrounds said landscape islands.
(vi)
Lighting. Off-street parking
areas shall be adequately illuminated for convenience and safety.
(vii)
Curbs. A variety of curb types
may be utilized for interior parking lot landscaped areas. Permitted
types include ribbon, mountable, and slotted curbs.
(h)
Required bicycle parking.
1.
Bicycle parking shall comply with the following standards as
depicted in Table 3.37-6.
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Table 3.37-6. Bicycle Parking Requirements
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Long-term Bicycle Parking Requirements
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Short-term Bicycle Parking Requirements
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All Residential Uses
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0.5 space per bedroom. Minimum requirement is 2 spaces.
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0.05 space per bedroom. Minimum requirement is 2 spaces.
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Retail
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1 space for each 12,000 square feet of floor area. Minimum requirement
is 2 spaces.
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1 space for each 5,000 square feet of floor area. Minimum requirement
is 2 spaces.
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Office and Nonretail Commercial
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1 space for each 10,000 square feet of floor area. Minimum requirement
is 2 spaces.
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1 space for each 20,000 square feet of floor area. Minimum requirement
is 2 spaces.
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Other uses
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As determined to be appropriate by the Planning Board during
site plan review
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2.
Bicycle parking shall be located and clearly designated in a
safe and convenient location, at least as convenient as the majority
of auto spaces provided.
3.
Facilities shall be designed to accommodate U-shaped locking
devices and shall support bicycles in a stable position without damage
to wheels, frame or other components and shall be securely anchored
and of sufficient strength to resist vandalism and theft.
(14)
ACCESSORY DWELLING UNIT (ADU)
AFFORDABLE HOUSING
AGRICULTURE, URBAN
ARTISAN FOOD AND BEVERAGE
ARTISAN MANUFACTURING
AUTO-RELATED
BASE HEIGHT, BUILDING
COMMUNITY FACILITY
FRONT BUILDING LINE
FRONT PROPERTY LINE
FRONTAGE OCCUPANCY
GREEN ROOF
HOME OCCUPATION
LIVE/WORK SPACE
NIGHTCLUB
PARK, POCKET
PARKING USE GROUPS
PUBLIC RIGHT-OF-WAY
SECURITY GRILL
SHARED PARKING
STREETWALL
STUDENT HOUSING
THEATER
USABLE OPEN SPACE
Definition of terms. The following definitions apply to Section 19-3.37 of the Poughkeepsie City Code. Terms not defined in this subsection shall be defined as provided in Section 19-2.2:
A secondary house or apartment with its own kitchen, living
area and separate entrance that shares the building lot of a larger,
primary house. The ADU may be attached to an existing house or garage,
or it may be built as a standalone unit.
Housing for income-eligible residents as determined by Section 19-3.37(9)(a)1 herein and/or grant, subsidy or financing sources for a housing project.
Urban agriculture includes production (beyond that which
is strictly for home consumption or educational purposes), distribution
and marketing of food and other products within areas not dominated
by other agricultural activities. Examples include community, school,
backyard, and rooftop gardens, innovative food-production methods
that maximize production in a small area, community-supported agriculture
based in urban areas, and family farms located in metropolitan greenbelts.
Small-scale production or preparation of food made on site
with limited to no automated processes involved and may include direct
sales to or consumption by consumers. This definition includes uses
such as small-batch bakeries, craft breweries and cideries as regulated
by the State of New York, artisan distilleries as regulated by the
State of New York, small-batch candy shops, and local cheesemakers.
This use may or may not have outdoor seating or patios as an accessory
use, depending on the zoning subdistrict in which it is located.
Application, teaching, making, or fabrication of crafts or
products by an artist, artisan or craftsperson either by hand or with
minimal automation and may include direct sales to consumers. This
definition includes uses that employ activities and processes such
as small-scale fabrication, welding, and coating, that are typically
not permitted in nonindustrial zoning districts. This definition shall
not include artisan food and beverage preparation or sales. Artisan
manufacturing excludes heavy industrial processing or distribution
of sand, gravel, clay, turf, soil, rock, stone, metals, petroleum
and petroleum products and similar raw materials.
Auto-related uses include automobile sales, repair, service,
gasoline stations, junkyards, wrecking, and wash facilities.
A building's base height is defined as two times the width
of the public right-of-way on which the building fronts.
A building used and occupied by a not-for-profit religious
or membership corporation providing religious, charitable, recreational,
entertainment, guidance, counseling or other similar amenities and
facilities on a nonprofit basis similar to organizations commonly
described as YMs, YWs, Boys & Girls Clubs, scout groups and other
fraternal membership groups.
The plane of a building that borders the public right-of-way,
parallel to or coterminous with the front property line.
The boundary separating the lot from the public right-of-way.
The percentage of the lot width that must be occupied by
either a front building facade or structures that screen parking,
located within the area between the minimum and maximum front setback.
A vegetated roof design that is explicitly designed to absorb
rainfall or snowmelt, typically to manage stormwater, mitigate the
heat island effect, provide a habitat for urban wildlife, or offer
leisure and recreational space for building occupants.
An occupation or business activity which results in a product
or service for financial gain and is conducted in whole or part in
the dwelling unit or accessory building and is clearly an accessory
or incidental use and subordinate to the residential use of the dwelling
unit.
Dwelling units that include space for both commercial and
residential functions. The commercial function may be anywhere in
the unit and is intended to be occupied by a business operator who
lives in the same structure that contains the commercial activity
or industry.
An establishment operated as a place of entertainment, characterized
by any or all of the following as a principal use: 1) live, recorded,
or televised entertainment, including but not limited to performance
by magicians, musicians or comedians; 2) dancing; and/or 3) the dispensing
of alcoholic beverages for consumption on the premises.
A small park, less than 2,500 square feet in area and accessible
to the general public, that is located in close proximity to a public
sidewalk, and provides green space, landscaping, benches and other
pedestrian amenities and which may include art.
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MULTIFAMILY RESIDENTIAL — Multifamily dwelling units and
live/work space in a multifamily residential building.
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GENERAL RETAIL — Retail less than 10,000 square feet,
retail greater than 10,000 square feet, convenience store.
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PERSONAL SERVICE BUSINESS — Bank, credit union, hair salon,
nail salon.
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RESTAURANT, CAFE, OR BAR — Bar, tavern, cafe, coffee shop,
nightclub, standard restaurant.
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OFFICE AND NONRETAIL COMMERCIAL — Art studio, broadcast
studio, home occupation, offices (business, professional or medical).
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OTHER, REQUIREMENTS TO BE DETERMINED ON A CASE-BY-CASE BASIS
— Theater, cabaret, auditorium, banquet facility, cultural facilities,
recreational facility, and markets for arts, crafts, or food, colleges,
universities, vocational schools, day-care centers.
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The public right-of-way includes the entire street width,
as measured from front property line to front property line, inclusive
of sidewalks.
Solid metal or open-grated metal grills designed to be pulled
down, folded over, or attached in front of or behind the entrance
door or doors, vestibule, window display, storefront, or any other
openings that face the public streets and sidewalks to prevent entry
to the premises. A solid metal grill shall not be defined to include
solid metal garage doors that face public streets and sidewalks and
act as a primary entrance to a building rather than a security device.
A land use development strategy that optimizes parking capacity
by allowing complementary land uses to share spaces rather than producing
separate spaces for separate uses.
One of the long side boundaries of a street, formed by front
building facades, hedges, etc. The streetwall is typically parallel
to or coterminous with the front property line. The streetwall is
instrumental in defining the district's public space.
A building associated with a college, university, or educational
facility containing living quarters for students.
A building or space, or portion thereof, used for cultural
education and experiences, motion pictures, live productions, or other
entertainment, including, but not limited to, museums, art galleries,
aquariums, amphitheaters, theaters, cultural entertainment facilities
and performance halls.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces.
[1]
Editor’s Note: Former Section 19-3.37, Transportation
Center District (T) [Ords. (two) of 2-22-1982, as amended, was deleted
pursuant to L.L. No. 4-2014, 11-17-2014, § 3.
