City of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[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:
R-1
Low-Density Residence District
R-2
Medium Low-Density Residence District
R-2A
Central Low-Density Residence District
R-3
Medium-Density Residence District
R-4
Medium High-Density Residence District
R-5
High-Density Residence District
R-6
Urban Density Residence District
PRD
Planned Residential Development District
R-4A
Central Urban Density Residence District
R-3A
Central Medium-Density Residence District
O-R
Office-Residential District
C-1
Neighborhood Commercial District
C-2
Central Commercial District
C-2A
Main Street Commercial District
C-3
General Commercial District
I-1
Light Industrial District
I-2
General Industrial District
R&D
Research and Development District
W
Waterfront District
H-M
Hospital-Medical District
W-G
Walkway-Gateway District
WTOD
Waterfront Transit-Oriented Development District
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.
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.
(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.
2. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter and professional offices, subject to the requirements of Section 19-4.2 of this Chapter.
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.
6. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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%.
2. 
Cluster developments, subject to the requirements of Section 19-4.16 of this Chapter.
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.
(vi) 
Said home shall be registered with the Zoning Administrator, and the following information shall be filed and kept up-to-date:
a. 
Name of operating agency.
b. 
Names of resident supervisors.
c. 
Maximum number of persons that will live in the facility.
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.
(f) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(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: 10,000 square feet.
(b) 
Minimum required lot width: 75 feet.
(c) 
Minimum required frontage: 35 feet.
(d) 
Minimum required yards:
1. 
Front: 30 feet.
2. 
Side: 15 feet.
3. 
Rear: 15% of the lot depth, but not less than 15 feet.
(e) 
Maximum height: 2 1/2 stories or 35 feet.
(f) 
Maximum lot coverage: 25%.
(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.
[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.
2. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter or professional offices, subject to the requirements of Section 19-4.2 of this Chapter.
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.
6. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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.
2. 
Cluster developments, in accordance with the requirements of Section 19-4.16 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.
(f) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(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:
1. 
Single-family dwelling or mobile home: 6,000 square feet.
2. 
Uses not otherwise specified: 10,000 square feet.
(b) 
Minimum required lot width: 50 feet.
(c) 
Minimum required lot frontage: 30 feet.
(d) 
Minimum required yards:
1. 
Front: 20 feet.
2. 
Side: 10 feet.
3. 
Rear: 15% of the lot depth, but not less than 15 feet.
(e) 
Maximum height: 2 1/2 stories or 35 feet.
(f) 
Maximum lot coverage: 30%.
(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.
[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.
3. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter or professional offices, subject to the requirements of Section 19-4.2 of this Chapter.
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.
7. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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.
2. 
Cluster developments, in accordance with the requirements of Section 19-4.16 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.
(f) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(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) 
Lot and bulk requirements. Lot and bulk requirements shall be as follows:
(a) 
Minimum required lot area:
1. 
Single-family dwelling: 6,000 square feet.
2. 
Two-family dwelling: 12,000 square feet.
3. 
Uses not otherwise specified: 10,000 square feet.
(b) 
Minimum required lot width: 50 feet.
(c) 
Minimum required lot frontage: 30 feet.
(d) 
Minimum required yards:
1. 
Front: 20 feet.
2. 
Side: 10 feet.
3. 
Rear: 15% of the lot depth, but not less than 15 feet.
(e) 
Maximum height: 2 1/2 stories or 35 feet.
(f) 
Maximum lot coverage: 30%.
(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:
(1) 
Office use shall be limited to the first floor.
(2) 
Office use shall be primarily to serve residents of the immediate neighborhood.
(3) 
Such office space shall be limited to 800 square feet.
(4) 
Entrances and exits to offices shall be separate from the residential portion of the building.
[1]
Editor's Note: An ordinance enacted 11-16-1982 amended the Code by adding provisions designated as Section 19-3.13 1/2 which have been redesignated as Section 19-3.13.1 in order to conform to the numerical system of the Code.
[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.
5. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter or professional offices, subject to the requirements of Section 19-4.2 of this Chapter.
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.
9. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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.
2. 
Cluster developments, in accordance with the requirements of Section 19-4.16 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:
a. 
Minimum required lot area: 14,000 square feet.
b. 
Minimum required lot width: 100 feet.
c. 
Minimum required frontage: 100 feet.
d. 
Minimum required yards:
e. 
Front yard: 15 feet.
f. 
Side yard: 20 feet.
g. 
Rear yard: 50 feet.
h. 
Minimum gross floor area: 2,900 square feet.
(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.
(f) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(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.
1. 
Single-family dwelling or mobile home: 6,000 square feet.
2. 
Two-or-more-family dwellings: 10,000 square feet, plus 4,000 square feet additional for each dwelling unit above two.
3. 
Uses not otherwise specified: 6,000 square feet.
(b) 
Minimum required lot width:
1. 
All other uses: 50 feet.
(c) 
Minimum required frontage:
1. 
All other uses: 30 feet.
(d) 
Minimum required yards:
1. 
Front yard: 20 feet.
2. 
Side yard: six feet for one, two- or three-family dwellings; all other uses: 10 feet.
3. 
Rear yard: 15 feet.
(e) 
Maximum height: 2 1/2 stories or 35 feet.
(f) 
Maximum lot coverage: 35%.
(g) 
Required open space: same as R-4 Districts [Section 19-3.15(4)(i)].
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
[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.
5. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter or professional offices, subject to the requirements of Section 19-4.2 of this Chapter.
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%.
2. 
Cluster developments, in accordance with the requirements of Section 19-4.16 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. 
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.
(vi) 
Off-street parking space shall be provided in accordance with the requirements of Section 19-4.3 of this Chapter, and such space shall be located within 600 feet of the premises.
13. 
Student home, subject to the requirements of Section 19-4.22 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) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(e) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(f) 
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 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:
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.
(d) 
Minimum required lot width:
1. 
Townhouse: 18 feet.
2. 
All other uses: 30 feet.
(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.
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided accordance with Section 19-4.3 herein.
(6) 
Landscaping and screening. Landscaping and screening shall be provided, subject to the requirements of Section 19-4.11 of this Chapter.
[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.
5. 
Home occupations, subject to the requirements of Section 19-4.1.
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.
10. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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.
2. 
Cluster developments, subject to the requirements of Section 19-4.16 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:
a. 
Name of operating agency.
b. 
Names of resident supervisors.
c. 
Maximum number of persons that will live in the facility.
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:
(i) 
Meals are served at least twice each day that the restaurant is open;
(ii) 
At least 75% of the seats are at tables; and
(iii) 
If such restaurant is in a structure with residential units, the ingress and egress from the restaurant shall be separate from any residential portion of the structure.
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:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(e) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(f) 
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, 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:
1. 
Efficiency or one-bedroom unit: 1,200 square feet.
2. 
Two-bedroom unit: 2,200 square feet.
3. 
Three-bedroom unit: 2,800 square feet.
(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:
1. 
Distance from structure to property line 1/2 the height of the structure closest to the property line or 15 feet, whichever is greater.
2. 
Distance between buildings on one site: 2/3 of the height of the taller building or 25 feet, whichever is greater.
(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)].
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
[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.
5. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter.
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.
10. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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.
2. 
Cluster developments, subject to the requirements of Section 19-4.16 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:
(i) 
Meals are served at least twice each day that the restaurant is open;
(ii) 
At least 75% of the seats are at tables; and
(iii) 
If such restaurant is in a structure with residential units, the ingress and egress from the restaurant shall be separate from any residential portion of the structure.
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:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(e) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the requirements of sections 19-4.7 and/or 19-4.8 of this Chapter.
(f) 
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 including townhouses, but excluding multifamily dwellings: same as R-5 [Section 19-3.16(4)].
(b) 
Minimum required lot area per dwelling unit for multifamily dwellings:
1. 
Efficiency or one-bedroom unit: 800 square feet.
2. 
Two-bedroom unit: 1,200 square feet.
3. 
Three-or-more-bedroom unit: 1,600 square feet.
(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:
1. 
Distance from structure to property line: one-half the height of the structure closest to the property line or 15 feet, whichever is greater.
2. 
Distance between buildings on one site: 2/3 of the height of the taller building or 25 feet, whichever is greater.
(g) 
Maximum height: none.
(h) 
Maximum lot coverage: 70%.
(i) 
Required open space: same as R-4 [Section 19-3.15(4)(i)].
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
[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:
1. 
Dwelling units of all types, subject to the requirements of Subsection (3)(d) below.
2. 
Retail, personal service and professional office uses, where such uses are scaled primarily to serve the residents of the PRD.
3. 
Accessory uses as permitted in Low-Density Residence District (R-1).
(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.
3. 
There shall be off-street parking facilities, subject to the requirements of Section 19-4.3 of this Chapter.
(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.
4. 
PRD zoning districting shall not take effect until final site plan approval has been secured in accordance with the procedures set forth in Section 19-6.1 of this Chapter.
(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]
(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.
5. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter or professional offices, subject to the requirements of Section 19-4.2 of this Chapter.
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.
10. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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%.
2. 
Cluster development, in accordance with the requirements of Section 19-4.16 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 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.
(3) 
Accessory uses. Accessory uses shall be as follows:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(e) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(f) 
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 one- and two-family dwellings and townhouses:
1. 
One-family dwellings, townhouses: 2,000 square feet per DU.
2. 
Two-family dwellings: 2,250 square feet.
(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:
1. 
Efficiency or studio unit: 750 square feet.
2. 
One-bedroom unit: 900 square feet.
3. 
Two-bedroom unit: 1,050 square feet.
4. 
Three-or-more-bedroom unit: 1,200 square feet.
(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)].
(d) 
Minimum required lot width:
1. 
Townhouse: 18 feet.
2. 
All other uses: 30 feet.
(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)].
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with Section 19-4.3 herein.
(6) 
Landscaping and screening. Landscaping and screening shall be provided, subject to the requirements of Section 19-4.11 of this Chapter.
[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.
5. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter or professional offices, subject to the requirements of Section 19-4.2 of this Chapter.
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.
9. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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.
2. 
Cluster developments, in accordance with the requirements of Section 19-4.16 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.
(f) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(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.
(b) 
Minimum required lot area per dwelling unit for multifamily dwellings shall be as follows:
1. 
Efficiency or one-bedroom unit: 2,800 square feet.
2. 
Two-bedroom unit: 3,600 square feet.
3. 
All other uses: 30 feet.
(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:
1. 
Distance from structure to property line: 1/2 the height of the structure closest to the property line or 15 feet, whichever is greater.
2. 
Distance between buildings on one site: 2/3 of the height of the taller building or 25 feet, whichever is greater.
(e) 
Minimum front yard: 20 feet.
(f) 
Maximum height: 2 1/2 stories or 35 feet.
(g) 
Maximum lot coverage: 35%.
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with Section 19-4.3 herein.
(6) 
Landscaping and screening. Landscaping and screening shall be provided, subject to the requirements of Section 19-4.11 of this Chapter.
[1]
Editor's Note: An ordinance adopted 10-5-1982 amended the Code by adding a new section designated as Section 19-3.19 1/2 which has been redesignated as Section 19-3.19.1 in order to maintain the numerical system of the Code.
[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.
5. 
Home occupations, subject to the requirements of Section 19-4.1 herein.
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.
11. 
Student home, subject to the requirements of Section 19-4.22 of this chapter.
(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:
(i) 
Meals are served at least twice each day that the restaurant is open.
(ii) 
At least 75% of the seats are at tables; and
(iii) 
If such restaurant is in a structure with residential units, the ingress and egress from the restaurant shall be separate from any residential portion of the structure.
10. 
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.
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:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(e) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the requirements of Section 19-4.7 and/or 19-4.8 of this Chapter.
(f) 
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: same as R-3 [Section 19-3.14(4)]; except for townhouses: same as R-4 [Section 19-3.15(4)].
(b) 
Minimum required lot width:
1. 
Townhouses on individual lots: 18 feet.
2. 
All other uses: 50 feet.
(c) 
Minimum required lot frontage:
1. 
Townhouses: 18 feet.
2. 
All other uses: 30 feet.
(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)].
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
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.
9. 
Home occupations, subject to the requirements of Section 19-4.1 of this Chapter.
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.
2. 
Cluster developments, subject to the requirements of Section 19-4.16 of this Chapter.
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:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this chapter.
(e) 
Swimming pool and/or tennis court and related recreational facilities, subject to the requirements of Sections 19-4.7 and/or 19-4.8 of this chapter.
(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.
(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.
(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.
[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.
7. 
Public garages, provided that:
(i) 
There is no automotive service or repair.
(ii) 
The Board finds that the proposed use is in the public interest.
(iii) 
The use will not increase traffic congestion in the streets abutting the property.
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.
(v) 
Off-street parking space shall be provided in accordance with the requirements of Section 19-4.3 of this Chapter, and such space shall be located within 600 feet of the premises.
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:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(e) 
Swimming pool and/or tennis court and related recreational facilities, subject to the requirements of Sections 19-4.7 and/or 19-4.8 of this Chapter.
(f) 
Keeping of not more than three customary household pets over six months old. The commercial breeding of pets shall be prohibited.
(g) 
Fully enclosed storage.
(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]
(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.
18. 
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.
(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:
(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 in any R-1 through R-6 District.
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.
(3) 
Accessory uses. Accessory uses shall be as follows:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirement of Section 19-4.9 of this Chapter.
(e) 
Swimming pool and/or tennis court and related recreational facilities, subject to the requirements of Sections 19-4.7 and/or 19-4.9 of this chapter.
(f) 
Fully enclosed storage.
(g) 
Cafeteria and recreational facility for employees or clientele.
(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%.
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
[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.
24. 
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.
(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:
(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 in any R-1 through R-6 District.
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.
(vii) 
Off-street parking space shall be provided in accordance with the requirements of Section 19-4.3 of this chapter, and such space shall be located within 600 feet of the premises.
(3) 
Accessory uses. Accessory uses shall be as follows:
(a) 
Off-street parking.
(b) 
Buildings for housing pets; playhouses.
(c) 
Garden houses, greenhouses.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this chapter.
(e) 
Swimming pool and/or tennis court and related recreational facilities, subject to the requirements of Sections 19-4.7 and/or 19-4.8 of this chapter.
(f) 
Fully enclosed storage; open storage may be permitted, subject to the requirements of Section 19-4.10 of this chapter.
(g) 
Cafeteria and recreational facility for employees or clientele.
(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-3 District is within 50 feet of any R-1 through R-6 District, 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%.
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
[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.
019 W-G Dis.tif
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.
019 Figure 1.tif
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.
(b) 
All new uses of land and structures and changed uses of land and structures shall comply with this Section 19-3.25. Existing uses may continue as provided in Article V of the City Zoning Ordinance, except as may be otherwise provided in this section.
(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.
019 Roof Mount.tif
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.
(f) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the applicable requirements of Sections 19-4.7 and/or 19-4.8 of this chapter.
(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
019 Table 3.25-2A.tif
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
019 Table 3.25-2B.tif
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
019 Table 3.25-3.tif
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
019 Table 3.25-4a.tif
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
019 Table 3.25-4b.tif
A sideyard building occupies one side of the lot with the setback to the other side.
Common Wall
019 Table 3.25-4c.tif
Common walls are used for semidetached dwellings and rowhouses, and sometimes for forecourt and courtyard buildings, where a zero lot line is shared.
Rearyard
019 Table 3.25-4d.tif
Rearyards include rowhouses with no front yard, live-work and work-live units, apartment buildings, and mixed-use buildings that occupy the full frontage.
(c) 
The building frontage types are illustrated on Table 3.25-5 below:
Table 3.25-5 Frontage Types: Walkway-Gateway (W-G) District
Shopfront
019 Table 3.25-5a.tif
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.
Courtyard
019 Table 3.25-5b.tif
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.
Porch
019 Table 3.25-5c.tif
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.
Stoop
019 Table 3.25-5d.tif
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.
Forecourt
019 Table 3.25-5e.tif
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.
Terrace
019 Table 3.25-5f.tif
A frontage type where the facade is set back from the frontage line by an elevated terrace or a sunken lightwell.
Factory
019 Table 3.25-5g.tif
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.
(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.
019 Shopfront1.tif
(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.
019 Shopfront2.tif
(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.
019 Awnings1.tif
(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.
019 Awnings2.tif
(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.
019 Figure 3.25-6.tif
Figure 3.25-6: Parts of the Streetscape
(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.
019 Figure 3.25-7.tif
Figure 3.25-7: Shared Parking Factors
(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.
019 Frontage.tif
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.
019 Outdoor Lighting.tif
(16) 
Signs. Signs shall comply with the provisions of Section 19-4.9 of the City Zoning Ordinance.
(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) 
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:
ACCESSORY APARTMENT
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.
AGRICULTURE
Includes community gardens, farm stands, apiaries, compost facilities, underground water tanks used in conjunction with agriculture, greenhouses, hoop houses and other agriculture-related structures.
APARTMENT
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.
ARTISANAL USE
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.
ARTIST STUDIO
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.
BACKBUILDING
A single-story structure connecting a principal building to an outbuilding.
BED-AND-BREAKFAST
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.
BICYCLE ROUTE
A street suitable for the shared use of bicycles and autos moving at low speeds.
BICYCLE TRAIL
A bicycle way running independently of a street.
BUILD-TO-CORNER
"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.
019 Build-to-Corner.tif
COMMUNITY GARDEN
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.
CULTURAL CENTER
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.
DRIVE-IN OR DRIVE-THROUGH FACILITY
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.
FACADE
The exterior wall of a building that is set along a frontage line.
FARMERS' MARKET
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.
FITNESS CENTER
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.
FRONTAGE
The portion of a lot or building facing a street.
FRONTAGE LINE
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
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.
GREEN ROOF
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.
INN
A lodging type, owner-occupied, offering six to 12 bedrooms, permitted to serve breakfast in the mornings to guests.
LIGHT MANUFACTURING
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.
LIVE-WORK UNIT
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.
LODGING
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.
LOT WIDTH
The length of the principal frontage line of a lot.
MIXED-USE
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:
(a) 
Horizontal 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.
019 Mixed-Use Blocks.tif
(b) 
Mixed-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.
019 Mixed-Use Walk Neighbor1.tif
(c) 
A 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.
019 Mixed-Use Walk Neighbor2.tif
OFFICE
Premises available for the transaction of general business but excluding retail, artisanal and manufacturing uses.
OUTBUILDING
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.
PARKING STRUCTURE
A structure available to be used by the public to temporarily park registered and operable motor vehicles.
PARK, POCKET
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.
PERSONAL SERVICE ESTABLISHMENT
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.
PUBLIC USES/COMMUNITY SERVICES
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.
RETAIL
Premises available for the sale of merchandise and food.
ROOF GARDEN
A roof used for container gardening, where plants are maintained in pots.
ROWHOUSE
A single-family dwelling that shares a party wall with another of the same type and occupies the full frontage line.
SELF-STORAGE FACILITY
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.
SHOPFRONT
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.
STORY
A habitable level within a building, excluding an attic or raised basement.
TRADEMARKED ARCHITECTURE
A building design that is trademarked, branded or easily identified with a particular chain, franchise or corporation and is generic in nature.
TREE LAWN
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.
VENDING CART
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:
(i) 
The curriculum shall satisfy the requirements of the New York State Department of Education.
(ii) 
Where such use is on a parcel that adjoins any R-1 through R-6, O-R or PRD District, no music or noise shall be audible in such districts.
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:
(a) 
Off-street parking.
(b) 
Garden houses, greenhouses.
(c) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(d) 
Fully enclosed storage; outdoor storage may be permitted, subject to the requirements of Section 19-4.10 of this Chapter.
(e) 
Cafeteria and recreation facilities for use of employees or clientele.
(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.
(c) 
Minimum required yards:
1. 
Front: 20 feet.
2. 
Side: 10 feet.
3. 
Rear: 25 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%.
(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.
[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:
(a) 
Off-street parking.
(b) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(c) 
Storage, subject to the requirements of Section 19-4.10 of this Chapter.
(d) 
Cafeteria or recreation facilities for use of employees or clientele.
(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.
(c) 
Minimum required yards:
1. 
Front: 15 feet.
2. 
Side: 10 feet.
3. 
Rear: 20 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%.
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
[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:
(i) 
The curriculum shall satisfy the requirements of the New York State Department of Education.
(ii) 
Where such use is on a parcel that adjoins any R-1 through R-6, O-R or PRD District, no music or noise shall be audible in such districts.
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.
5. 
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.
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.
(3) 
Accessory uses. Accessory uses shall be as follows:
(a) 
Off-street parking.
(b) 
Garden house, greenhouses.
(c) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(d) 
Fully enclosed storage.
(e) 
Cafeteria and recreation facilities for use of employees and clientele.
(4) 
Lot and bulk requirements. Lot and bulk requirements shall be as follows:
(a) 
Minimum required lot area: 20,000 square feet.
(b) 
Minimum required frontage: 100 feet.
(c) 
Minimum required front yard: 30 feet.
(d) 
Minimum required rear yard: 30 feet.
(e) 
Minimum required side yards: 30 feet.
(f) 
Maximum FAR: 1.0.
(g) 
Maximum lot coverage: 40%.
(5) 
Parking and loading. Off-street parking and loading spaces shall be provided in accordance with 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.
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).
2. 
Business and professional offices, but only as part of a mixed-use development and further provided that:
(i) 
Manufacturing, assembling, repair and servicing of any items are prohibited; and.
(ii) 
No such offices shall be located on the ground or first floor of a building.
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.
4. 
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.
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.
(d) 
Signs, subject to the requirements of Section 19-4.9 of this chapter.
(e) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the requirements of Sections 19-4.7 and/or 19-4.8 of this chapter.
(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.
(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.
[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.
6. 
Home occupations, subject to the requirements of Section 19-4.1 of this chapter or professional offices, subject to the requirements of Section 19-4.2 of this chapter.
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.
2. 
Cluster developments, subject to the requirements of Section 19-4.16 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:
(i) 
The parcel shall be a minimum of 60,000 square feet.
(ii) 
The facility shall be duly licensed by the State of New York.
(iii) 
No structure shall be closer than 20 feet to the street line or 25 feet to any adjoining property.
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.
15. 
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.
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.
(e) 
Signs, subject to the requirements of Section 19-4.9 of this Chapter.
(f) 
Swimming pools and/or tennis courts and related recreational facilities, subject to the requirements of Sections 19-4.7 and/or 19-4.8 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)].
(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.
[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).
019 Figure 1 Use Projecting Cornice.tif
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).
019 Figure 2 Break Up Facades.tif
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.
[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.