[Added 2-19-2013 by L.L. No. 3-2013]
[Amended 6-15-2020 by L.L. No. 7-2020]
The purpose of this Article IVE is to increase the vitality, attractiveness and marketability of the part of the City of Beacon lying between Main Street and the Metro North Train Station (the "Linkage District") by providing more residential development along with flexibility of land use, while enhancing urban form as recommended in the City of Beacon Comprehensive Plan adopted on December 17, 2007, and the Comprehensive Plan update adopted on April 3, 2017. This article is intended to encourage residential development to help support Main Street businesses and to create a vibrant, economically successful, walkable, and environmentally sustainable connection between Beacon's Central Main Street District and the train station and riverfront. It is intended to implement the general intent of the plan entitled "Connecting Beacon's Main Street with the Hudson River and Railroad Station," dated March 6, 2007 (hereinafter the "Linkage Plan"), prepared by the Dutchess County Department of Planning and Development and contained in the Appendix of the Comprehensive Plan (see Figure 21-21).[1] This article is also intended to provide a simplified
and streamlined review process that facilitates redevelopment in accordance
with its provisions and the intent of the Comprehensive Plan.
[1]
Editor's Note: See § 223-41.21L.
[Amended 7-21-2014 by L.L. No. 11-2014; 4-3-2017 by L.L. No.
5-2017]
The provisions of this article apply to the area shown as the Linkage District (L) on the City of Beacon Zoning Map. All new uses of land and structures shall comply with this article. Existing nonconforming uses may continue as provided in § 223-10, Nonconforming uses and structures, except as may be otherwise provided in this article. Conforming residential uses existing on the effective date of this article shall be bound by the zoning of the subject property immediately prior to the enactment of the Linkage District. Any existing conforming building that is destroyed by fire or casualty to an extent of more than 50% may be rebuilt on the same footprint and with the same dimensions and may be extended at the same height along its frontage. Any existing building that does not satisfy the minimum building height requirements in the district may continue and may be expanded at the same height, provided that it is in conformity with all other dimensional requirements in the district. In case of any conflict between this article and other provisions of this Zoning Chapter, this article shall control. In order to encourage mixed uses, more than one permitted use shall be allowed on any lot or parcel, subject to all approval criteria contained herein.
A.
Uses by right. Uses listed below in this Subsection A are permitted by right subject to site plan review, except as otherwise noted in this § 223-41.21. Site plan review shall not be required for a change of use in an existing building where the new use is allowed by right, the building will not be expanded, and the minimum number of off-street parking spaces required for the new use in § 223-41.21F(2) is not more than 25% greater than the requirement for the existing use in § 223-26F herein. The following uses are allowed by right subject to a requirement that for any new construction of a principal building, an apartment use or attached, semidetached, or multifamily dwelling unit shall only be located on the upper stories or at least 50 feet behind the facade in the rear portion of the ground floor, if the building faces the north side of Beekman Street between Route 9D and West Main Street, faces the north side of West Main Street, or if the parcel is within 400 feet of the Route 9D-Beekman Street intersection, as identified on the Zoning Map:
[Amended 8-19-2013 by L.L. No. 14-2013; 7-21-2014 by L.L. No.
11-2014; 6-15-2020 by L.L. No. 7-2020; 2-16-2021 by L.L. No. 02-2021]
(1)
Multifamily dwelling.
(2)
Attached or semidetached dwelling units.
(3)
Apartment building.
(4)
Inn.
(5)
Bed-and-breakfast establishment.
(6)
Artist studio, art gallery or exhibit space.
(7)
Hotel.
(8)
Park, plaza, green, preserve or community garden.
(9)
Retail, personal services business, bank, or restaurant, coffee
house, bar, brew pub or other establishment that serves food, with
or without alcoholic beverages, provided that:
(a)
The floor area of each such establishment is not greater than
5,000 square feet;
(b)
The parcel is within 400 feet of the Route 9D-Beekman Street
intersection, located along the north side of Beekman Street between
Route 9D and West Main Street, or located along the north side of
West Main Street, as identified on the Zoning Map.
(10)
Office, trade school, training program, microbrewery or microdistillery,
provided that:
(a)
The total floor area of each such establishment is no greater
than 25,000 square feet;
(b)
The parcel is within 400 feet of the Route 9D-Beekman Street
intersection, located along the north side of Beekman Street between
Route 9D and West Main Street, or located along the north side of
West Main Street, as identified on the Zoning Map.
(11)
Government facility, including buildings, structures and uses
owned or operated by the City of Beacon or any department or agency
thereof.
(12)
Day-care center.
(13)
Museum, theater, concert, or conference space.
(14)
College, university, private school, or nursery school.
(15)
Workshop.
(16)
Artist live/work space, provided that, if the use faces the
north side of Beekman Street between Route 9D and West Main Street,
faces the north side of West Main Street, or if the parcel is within
400 feet of the Route 9D-Beekman Street intersection, the residential
space shall only be located on the upper stories or at least 50 feet
behind the facade in the rear portion of the ground floor, unless
the first 50 feet behind the facade is used for the retail sale of
the artist's wares.
(17)
Spa, fitness center, or exercise studio.
B.
Uses by special permit.
[Amended 7-21-2014 by L.L. No. 11-2014; 4-3-2017 by L.L. No. 5-2017; 1-16-2018 by L.L. No. 1-2018; 10-15-2018 by L.L. No. 17-2018; 6-15-2020 by L.L. No. 7-2020]
(1)
The following uses are allowed in existing buildings as permitted uses. For newly constructed buildings, the following uses are allowed by special permit from the Planning Board, upon a finding that the proposed use is consistent with the City of Beacon Comprehensive Plan, will enhance the architectural character of the street, and will contribute to creating a more urban, pedestrian-friendly quality in the L District, and that the conditions and standards in § 223-18B(1)(a) through (f) have been met:
[Amended 2-16-2021 by L.L. No. 02-2021]
(a)
Manufacturing use or food preparation business that may also
sell goods made on the site for consumption off the premises, provided
that:
[1]
The total manufacturing or food preparation business
floor area of the building is no greater than 25,000 square feet;
[2]
The parcel is within 400 feet of the Route 9D-Beekman
Street intersection, located along the north side of Beekman Street
between Route 9D and West Main Street, or located along the north
side of West Main Street, as identified on the Zoning Map; and
[3]
The Planning Board finds that there are no substantial
detrimental effects on parking, traffic or on the character of surrounding
neighborhoods or the community.
(b)
Historic District and Landmark Overlay use, subject to § 23-24.7.
(2)
In considering the appropriateness of the proposed use, the
Planning Board shall consider impacts on shadows, traffic, and parking
and may impose traffic and parking mitigation measures, including
but not limited to provision of pedestrian walkways and stairways
on-site.
B.1.
Accessory uses. The following are permitted accessory
uses in the L District:
[Added 7-21-2014 by L.L. No. 11-2014]
(1)
Any accessory building or use customarily incident to a permitted
use, except outside storage.
(3)
Off-street parking areas, in accordance with § 223-41.21F.
(4)
Exterior lighting, in accordance with the provisions of § 223-41.21K(12) and § 223-14B.
[Amended 6-15-2020 by L.L. No. 7-2020]
(6)
Roof garden or solar collector, site plan review not required.
(7)
Greenhouse.
(8)
Short-term rentals in any dwelling unit, or room(s) therein, located in a one-family home, two-family home, accessory apartment, or multifamily dwelling, as provided in § 223-26.5.
[Added 6-15-2020 by L.L. No. 6-2020[2]]
[2]
Editor's Note: This local law provided the following: "This
local law shall take effect on October 1, 2020. Any short-term rental,
as defined herein, in existence prior to October 1, 2020 shall have
until November 15, 2020, to file an application to obtain a short-term
rental permit. Any short-term rental existing prior to October 1,
2020 that (a) does not meet the definition of short-term rental or
(b) is a short-term rental, as defined, and does not file an application
by November 15, 2020 shall be deemed to be in violation of this local
law and subject to enforcement."
D.
Dimensional regulations. All new construction or enlargement of existing
structures in the L District shall be subject to the following minimum
and maximum dimensional regulations:
(1)
Front setback: minimum zero, maximum 20 feet, except that a
larger maximum may be allowed if a) surrounding buildings have a larger
setback, in which case the setback line may be placed in a location
that harmonizes with the prevailing setbacks, provided that there
is no parking in the front yard other than on a driveway accessing
a rear garage; and b) the area in front of a building has no parking
spaces and is landscaped and used in a manner that enhances the street
life by such means as pocket parks, gardens, fountains, outdoor tables,
public art, and outdoor display of items for sale on the premises.
At least 30% of any such outdoor space shall be landscaped with plant
materials in a configuration approved by the Planning Board.
(2)
Corner buildings: Corner buildings shall be treated as having
frontage on both streets and front setbacks shall apply to both, as
appropriate to the street.
(3)
Side setbacks: minimum of zero, maximum of 30 feet. The minimum
side setback may be increased by the Planning Board to allow light
and air to continue to penetrate an existing building that has side
windows.
(4)
Rear setbacks: minimum 25 feet, except that if the rear yard
is voluntarily dedicated to the City of Beacon as all or part of a
public parking lot or parking structure, the minimum setback shall
be 10 feet with landscaping to screen adjacent uses.
(5)
Building height: minimum two stories, average maximum four stories
and 48 feet, as determined from the average street front level. Stories
built below the grade of the street front shall not be counted toward
building height. The second story of a two-story building shall be
built in a manner that allows actual occupancy for one or more permitted
uses and does not create the mere appearance of a second story. For
any building over three stories, a stepback of at least 15 feet behind
the facade shall be required above the third story. Chimneys, vent
pipes, mechanical systems, elevator shafts, antennas, wireless communications
facilities, roof gardens and fences, greenhouses, solar collectors,
wind energy systems, and other rooftop accessory structures may project
up to 15 feet above the maximum height. With the exception of roof
gardens and solar collectors, such projections may 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.
[Amended 4-3-2017 by L.L.
No. 5-2017]
(6)
Lot area and lot width: There are no minimum lot area or lot
width requirements.
(7)
Lot depth: Minimum lot depth is 75 feet, except that on any
lot in which the area behind a building is voluntarily dedicated to
the City as public parking, there shall be no minimum depth requirement.
(8)
Floor area ratio: There is no maximum floor area ratio.
(9)
Landscaped area: A minimum of 15% of the lot shall be landscaped
with trees, shrubs, or grass, in locations approved by the Planning
Board that enhance the streetscape or provide a landscaped interior
courtyard and are found to be consistent with the intent of the L
District. This requirement shall be reduced to 5% if the landscaped
area is accessible to the public. These requirements may be waived
for preexisting lots of 5,000 square feet or less.
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Figure 21-0: Illustrative View of Proposed Linkage Zoning
Requirements
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(10)
Linkage Zone standards.
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Figure 21-1: Linkage Zone Standards
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E.
Frontage types.
(2)
Storefront: a frontage type where the building facade is placed
at or close to the right-of-way line, with the entrance at sidewalk
grade. This building frontage type is conventional for retail use.
It is characterized by a high percentage of glazing on the first floor,
a prominent entrance, and often an awning. Recessed doors on storefronts
are acceptable.
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Figure 21-2: Illustrative View of Storefront Frontage
Type
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Figure 21-3: Section View of Storefront Frontage Type
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Figure 21-4: Plan View of Storefront Frontage Type
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(3)
Forecourt. A forecourt is a semi-public exterior space whose
back and sides are surrounded by a building and whose front opens
to a thoroughfare—forming a court. The court is suitable for
gardens, gathering space, and outdoor dining.
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Figure 21-5: Illustrative View of Forecourt Frontage Type
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Figure 21-6: Section View of Forecourt Frontage Type
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Figure 21-7: Plan View of Forecourt Frontage Type
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(4)
Stoop. In this frontage type, the building facade is aligned
close to the frontage line. The first story is usually elevated sufficiently
to provide some privacy for occupants. A stoop (composed of an elevated
pad and stairs) lands at the edge of the sidewalk or a short front
walkway. A small porch or roof may cover the stoop. This frontage
type is suitable for ground-floor residential uses with short setbacks.
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Figure 21-8: Illustrative View of Stoop Frontage Type
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Figure 21-9: Section View of Stoop Frontage Type
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Figure 21-10: Plan View of Stoop Frontage Type
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(5)
Porch. A frontage type where the building facade is set back
from the frontage line. The porch (a covered, but not enclosed, space)
sits between the facade and the frontage line. The porch provides
a transition from the public realm to the private realm. Porches are
typically elevated above the surrounding grade. A porch should have
a clear space that is a minimum of six feet deep and 10 feet wide.
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Figure 21-11: Illustrative View of Porch Frontage Type
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Figure 21-12: Section View of Porch Frontage Type
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See Figure 21-17 for key to letters
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Figure 21-13: Plan View of Porch Frontage Type
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(6)
Lightwell: a frontage type where the facade is set back from
the frontage line. The ground floor of the building is elevated to
allow light to enter the basement, which is typically occupied. Stairs
lead up to the ground floor and down to a below-grade entrance and/or
sunken court. The stairs typically land at the frontage line.
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Figure 21-14: Illustrative View of Lightwell Frontage
Type
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Figure 21-15: Section View of Lightwell Frontage Type
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See Figure 21-17 for key to letters
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Figure 21-16: Plan View of Lightwell Frontage Type
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F.
Parking location and quantity.
(1)
All off-street parking shall be located behind, underneath,
or to the side of a building. If on the side, it shall be located
at least 40 feet from any property line that fronts on a street and
be screened by a low brick or stone wall, hedge, ornamental fence,
and/or other landscaping that maintains the continuity of the street
and that screens parked cars from view from the street.
(2)
(3)
The quantity of required on-site parking in Subsection F(2) above may be modified by the Planning Board, in its discretion, based upon information submitted by the applicant or otherwise made available to the Planning Board in the public record, demonstrating one or more of the following:
(a)
That the projected operational characteristics of the proposed
use and/or its proximity within walking distance of the train station
and other services justify a reduction in the required amount of parking.
(b)
That adequate shared parking, contractually obligated for the
duration of the proposed use, is available within 500 feet of the
site and in the L District.
(c)
That the applicant has provided sufficient bicycle parking to
reduce anticipated vehicular travel demand, as supported by a professional
parking study.
[Amended 4-3-2017 by L.L.
No. 5-2017]
(d)
That there is sufficient public parking available within 800
feet of the site and in the L District to meet foreseeable parking
needs of the proposed use and surrounding uses for the duration of
the proposed use.
(e)
That the applicant will voluntarily dedicate land for public
parking on site or will acquire land by purchase or long-term lease
(for the duration of the proposed use) within 800 feet of the site
and in the L District and voluntarily dedicate such land to the City
for public parking.
(f)
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.
(4)
For small preexisting lots where the provision of on-site parking
is infeasible, the Planning Board may waive up to 50% of the parking
requirements, provided that the total floor area of the building is
no greater than 3,000 square feet. The Planning Board may grant additional
parking waivers, at its discretion, subject to an in-lieu payment
of $10,000 per parking space.
[Amended 4-3-2017 by L.L.
No. 5-2017]
G.
Streetscape improvements.
(1)
On West Main Street, Beekman Street, and Wolcott Avenue, within
the building transition zone, 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. Chain link, vinyl, and solid fencing shall
be prohibited. For commercial uses, display areas, and outdoor dining
and seating areas may be provided.
(2)
A pedestrian clearway, at least five feet wide, with unobstructed
space for pedestrian activity, shall be provided along the sidewalk,
unless site conditions require a narrower clearway. A pedestrian clearway
of eight feet shall be provided along storefront frontages.
(3)
Within the street transition zone, if space permits, lot owners
may plant trees and place benches, tables, and outdoor seating areas
with the approval of the Department of Public Works. The Planning
Board may require the planting of street trees on average 30 feet
to 40 feet apart as a condition of site plan approval. To the extent
practical, an applicant shall, in cooperation with the City of Beacon
Department of Public Works, implement the recommendations in the Linkage
Plan street sections for Beekman Street and Wolcott Avenue.
(4)
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.
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Figure 21-17: Parts of the Streetscape
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I.
Site plan and special permit amendments. 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 of use and/or 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. If the Building
Inspector determines that the change is not significant and otherwise
complies with applicable requirements, the Building Inspector is authorized
to issue a building permit without further review.
J.
Compliance with below market rate housing requirements. All applications involving residential development shall comply with Article IVB of this chapter (Affordable-Workforce Housing).
K.
Design standards.
(1)
Because of the design standards in this section, the architectural review provisions of Chapter 86 shall not apply within the L District. In addition to the preceding sections of this article, all new buildings or substantial alterations of existing buildings shall comply with the following design requirements. These design standards are intended to promote the following purposes:
(a)
Preserve and enhance the unique character of the City of Beacon;
(b)
Promote pedestrian access and activity, as well as a general
sense of area security;
(c)
Restore and maintain the role of streets as civic and social
spaces, framed by active uses;
(d)
Encourage economic development and a convenient mix of uses
and services; and
(e)
Support a sense of design context that appropriately relates
historic buildings, general facade and window patterns, and traditional
streetscapes in the area to new redevelopment efforts, while still
allowing contemporary architectural flexibility.
(2)
Standards using the verb "shall" are required; "should" is used
when the standard is to be applied unless the Planning Board finds
a strong justification for an alternative solution in an unusual and
specific circumstance; and "may" means that the "standard" is an optional
guideline that is encouraged but not required.
(3)
Buildings should have a top-floor cornice feature and first-floor
architectural articulation, such as a storefront with a secondary
cornice or an architecturally emphasized entrance doorway, to accent
the central body of the building.
(4)
Architectural features and windows should be continued on all
sides of the building that are clearly visible from a street or public
parking area, avoiding any blank walls, except in cases of existing
walls or potential common property walls. Larger buildings shall incorporate
significant breaks in the facades and rooflines at intervals of no
more than 35 feet.
(5)
Building elements that provide additional architectural interest,
such as bay windows, and cornices, but not including balconies or
porches, may encroach up to two feet beyond the front line if the
bottom of the encroaching building elements is at least 12 feet above
grade.
[Amended 12-9-2019 by L.L. No. 12-2019]
(6)
Metal, glass or canvas-type awnings and canopies or projecting
signs are encouraged and may encroach up to six feet into the front
setback and over the sidewalk above seven feet. Vinyl awnings are
discouraged unless the applicant can demonstrate to the Planning Board's
satisfaction that the finish and design of such awning are of high
quality, aesthetically pleasing and meet the intended standards of
the district, as determined by said Board.
[Amended 7-21-2014 by L.L. No. 11-2014]
(7)
Buildings shall have a front entrance door facing the primary
street and connected to the sidewalk. Front entrance doors for commercial
buildings and retail storefronts shall be active and provide main
access during business hours.
(8)
Primary individual window proportions shall be greater in height
than in width. Mirrored, reflective, or tinted glass, all-glass walls,
and exterior roll-down security gates shall not be permitted. Any
shutters shall match the size of the window opening, appear functional,
and be attached to the window frame.
(9)
Commercial buildings shall have at least 70% glass on the first-floor
facades, located between two feet and 10 feet above the sidewalk.
Residential buildings shall have at least 30% glass on the first-floor
facades.
(10)
Finish building materials should be wood, brick, traditional
cement-based stucco, stone or fiber-cement siding or other material
deemed acceptable by the Planning Board. Vinyl, aluminum or sheet
metal siding or sheet trim, exposed concrete blocks or concrete walls,
plywood or other similar prefabricated panels, unpainted or unstained
lumber, synthetic stone or brick, or synthetic stucco, exterior insulation
and finishing system (EIFS), or direct-applied finish system (DAFS),
and chain link fencing shall not be permitted.
[Amended 7-21-2014 by L.L. No. 11-2014]
(11)
Materials and colors should complement historic buildings on
the block.
(12)
Lighting fixtures shall be a maximum of 15 feet in height, except pole lights in rear parking lots shall be a maximum of 20 feet high. All exterior lighting shall comply with the standards in §223-14B.
[Amended 6-15-2020 by L.L. No. 7-2020]
(13)
Mechanical equipment and refuse containers shall be concealed
from public view by approved architectural elements and shall be located
to the rear of the site. Window or projecting air conditioners shall
not be permitted on the front facade.
(14)
The Planning Board may waive setback requirements for landmark
civic buildings, including government buildings, schools, libraries,
or places of worship, and for pedestrian-oriented places, such as
public greens or plazas and outdoor eating areas.
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Figure 21-18: Design Standards Examples A
[Amended 6-15-2020 by L.L. No. 7-2020] |
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Figure 21-19: Design Standards Examples B
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Figure 21-20: Design Standards Examples C
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L.
Linkage plan. This sketch plan provides one possible set of design
solutions, which was included in the 2007 Comprehensive Plan Appendix
as an illustration of planning principles for the Linkage District.
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Figure 21-21: Connecting Beacon's Main Street with the
Hudson River and Railroad Station
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