A.
Purpose. The Waterfront District 1 (WD1) covers the
areas of waterfront adjacent to low-intensity uses. It is the purpose
of the WD1 District to promote compatible, well-designed water-dependent
uses; achieve public access to the coastal area; control development;
protect and enhance the corridor's natural, scenic and cultural resources;
provide opportunities for permanent public views and access to the
Hudson River; and to implement the policies and purposes of the Town
of Poughkeepsie's Local Waterfront Revitalization Program.[1] The WD1 District regulations are in addition to the regulations of the underlying zoning district as applied to those uses set forth in Subsection B below.
B.
Permitted uses. Permitted uses shall be as follows
(Note: "*" designates a use which is subject to site plan approval
by the Planning Board.) These uses shall be in addition to the uses
allowed in the underlying zoning district(s):
(1)
*Public and/or private recreation facilities, including
membership clubs, which utilize the waterfront for active or passive
recreation use, including public parks, trails, docks and piers, playgrounds,
beaches and swimming facilities.
(2)
*Community centers when part of coastal public access
or public recreational access.
(3)
*Scientific, cultural, historic, artistic and educational
activities and uses which, by their nature, require access to coastal
waters.
(4)
*Mariculture and aquaculture activities.
(5)
*Infrastructure and facilities to provide access across
the railroad tracks between the Waterfront District 1 and upland locations.
(6)
*Support facilities and temporary or movable structures
necessary for successful functioning of above uses. To the extent
possible, such facilities will be sited inland of the principal use.
(7)
*Structures needed for flood protection and navigational
purposes.
(8)
*Sewage disposal and water treatment facilities.
C.
Special uses. Special uses subject to Planning Board site plan and special use permit approval are as follows: marinas and related uses such as sale of marine supplies, services, fuel and equipment; boat yards; boat repairs; manufacture, assembly or repair of marine products such as boats, sails and hardware; charter boats and fishing guide operations, boat rentals; annual membership clubs which are water-dependent or support facilities necessary for successful functioning of the above uses. To the extent possible, such support facilities will be sited inland of the principal use. Marina development shall be in accordance with both the requirements of this district and those of § 210-82.
[Amended 7-19-2017 by L.L. No. 13-2017]
D.
Site plan approval factors. In addition to the factors for consideration during site plan review outlined in § 210-152, the Planning Board shall consider the visual impact of site development so as to mitigate, to the extent reasonably possible, the impact of development which is incompatible with existing views of the Hudson River from upland locations and of the waterfront from the Hudson River. The Planning Board will use the following siting and development guidelines to achieve these objectives, recognizing that each development opportunity is unique and that guidelines will have to be applied accordingly and considering both the scenic resource and the community's development objectives and priorities:
(1)
Siting and designing structures to enhance the visual
character of and create or maintain views of the Hudson River; siting
elements such as power lines and signs back from the shoreline or
in other inconspicuous locations to maintain the attractive quality
of the shoreline and to retain views to and from the shore.
(2)
Clustering or orienting structures to retain views,
save open space and provide visual organization to a development.
(3)
Incorporating existing historic structures into the
overall development scheme.
(4)
Maintaining or restoring the original land form, except
when changes screen unattractive elements and/or add appropriate interest.
(5)
Maintaining or adding vegetation to provide interest,
encourage the presence of wildlife, and blend structures into the
site and obscure unattractive elements, except when sensitive clearing
creates views of coastal waters.
(6)
Using appropriate materials, in addition to vegetation,
to screen unattractive elements.
(7)
Using appropriate scales, colors, forms and materials
to ensure that buildings and other structures are compatible with
and add interest to the landscape.
E.
The area and bulk regulations for the uses set forth in Subsection B above in the WD1 District shall be as follows:
(1)
Height.
(a)
Maximum building or structure height shall be
30 feet.
(b)
Height exceptions.
[1]
A maximum height increase of 10 feet may be
granted by the Planning Board if dedicated meaningful, permanent public
access to the shoreline is provided. "Meaningful, permanent public
access" is defined as safe and unobstructed access to and along the
dry, nontidal or unsubmerged shore areas for all members of the public.
It is the Town's objective to attempt to provide a continuous public
access system to and along the waterfront and/or public rights-of-way.
Such access shall be in the form of a permanent easement or the granting
of fee title to the Town of Poughkeepsie. Access may be regulated
by reasonable conditions in a management plan submitted by the applicant
and approved by the Planning Board as part of the final site plan
approval. Because of the nature of the Town's shoreline, the Planning
Board shall have the discretion to determine the dimensions of the
access provided under this incentive. Where feasible, the access shall
be at least 12 feet wide from the street to the shoreline, and at
least 15 feet wide along the shoreline for the entire width of the
property in the WD1 District. A surface suitable for pedestrian use,
at least 10 feet wide, where feasible, shall be provided for the entire
length of the access easement and to a standard approved by the Town
of Poughkeepsie Engineer.
[2]
As part of site plan approval, the Planning
Board may allow one or more elements of a proposed land use to be
in excess of the height limitation if the element is an integral part
of the proposed permitted or special permit use, provided that the
permitted height shall not exceed that which, in the Planning Board's
judgment, is reasonably necessary for the beneficial operation of
the permitted use or special permit use. For example, a crane for
transferring boats in and out of the water would be an integral part
of a marina operation.
(2)
Lot area, river frontage and setback. There will be
no minimum lot size. No lot shall have a river frontage of less than
100 feet. No building, structure or part thereof shall be erected
nearer to the water's edge than 20 feet from mean high water. Water-dependent
uses which require a location on or adjacent to the water are exempt
from this setback requirement.
(3)
Maximum lot coverage. The total coverage of all buildings,
structures or impervious surfaces on that portion of any lot located
within the WD1 District shall not exceed more than 50%.
(4)
Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:
(a)
Marinas shall provide at least a minimum of
0.6 space for each slip, berth or mooring plus whatever additional
spaces are deemed necessary by the Board of Appeals for employees
and for ancillary retail activities on the premises.
(b)
Uses not enclosed in a structure shall provide
one space for every four persons at the maximum designed capacity
of the facility.
(c)
Parking requirements for a use in the WD1 District
may be satisfied if provided on adjoining lands in adjacent districts,
on property owned or controlled by the same owner.
(d)
All sites with an area of one acre or more shall
comply with DEC regulations.
(5)
Screening and landscaping.
(a)
Screening and landscaping of new development
shall be provided as required by the Planning Board during site plan
review to mitigate visual impacts, protect neighboring properties
and improve the scenic quality of the Hudson River waterfront.
(b)
To the extent feasible, natural vegetation,
especially trees greater than four inches in diameter at breast height,
will be maintained and augmented by plantings of species native to
the region.
A.
Purpose. The Waterfront District 2 (WD2) covers the
areas of waterfront adjacent to intensive industrial and commercial
activity. It is the purpose of the WD2 District to promote well-designed
water-dependent or rail-dependent or -enhanced commercial and industrial
uses; promote revitalization and redevelopment of deteriorated and
underutilized areas; ensure appropriate development; protect and enhance
the corridor's natural, scenic and cultural resources; and to implement
the policies and purposes of the Town of Poughkeepsie's Local Waterfront
Revitalization Program (LWRP).[1] The WD2 District regulations are in addition to the regulations of the underlying zoning district as applied to those uses set forth in Subsection B below.
B.
Permitted uses. Permitted uses shall be as follows.
(Note: "*" designates a use which is subject to site plan approval
by the Planning Board.) These uses shall be in addition to the uses
allowed in the underlying zoning district(s):
(1)
*Uses which utilize water transportation and/or rail
transportation for transfer of goods, products or raw materials.
(2)
*Infrastructure and facilities to provide access across
the railroad tracks between the Waterfront District 2 and upland locations.
(3)
*Uses, facilities and infrastructure, accessory to
adjoining upland uses, which are dependent on or enhanced by access
to the waterfront for effective operation.
(4)
*Facilities which support or are accessory to one
of the above uses and which by their nature must be close to the use,
which shall be sited inland of the principal use, to the extent reasonably
possible.
(5)
*All permitted uses allowed in the Waterfront District
1.
(6)
*Marinas and related uses such as sale of marine supplies, services, fuel and equipment; boat yards; boat repairs; manufacture, assembly or repair of marine products such as boats, sails and hardware; charter boats and fishing guide operations; boat rentals; annual membership clubs which are water-dependent; or support facilities necessary for successful functioning of the above uses. To the extent possible, such support facilities will be sited inland of the principal use. Marina development shall be in accordance with both the requirements of this district and those of § 210-82.
C.
Site plan approval factors. In addition to the factors for consideration during site plan review outlined in § 210-152, the Planning Board shall consider the visual impact of site development, so as to mitigate, to the extent reasonably possible, the impact of development which is incompatible with existing views of the Hudson River from upland locations set forth in Policy 25 of the Town of Poughkeepsie LWRP and of the waterfront from the Hudson River. The Planning Board will use the following siting and development guidelines to achieve these objectives, recognizing that each development opportunity is unique and that guidelines will have to be applied accordingly and considering both the scenic resource and the community's development objectives and priorities:
(1)
Siting and designing structures to enhance the visual
character of and create or maintain views of the Hudson River; siting
elements such as power lines and signs back from the shoreline or
in other inconspicuous locations.
(2)
Clustering or orienting structures to retain views,
save open space and provide visual organization to a development.
(3)
Maintaining or restoring the original land form, except
when changes screen unattractive elements and/or add appropriate interest.
(4)
Maintaining or adding vegetation to provide interest,
encourage the presence of wildlife, blend structures into the site
and obscure unattractive elements, except when sensitive clearing
creates views of coastal waters.
(5)
Using appropriate materials, in addition to vegetation,
to screen unattractive elements.
(6)
Using appropriate scales, colors, forms and materials
to ensure that buildings and other structures are compatible with
and add interest to the landscape.
D.
The area and bulk regulations for the uses set forth in Subsection B above in the WD2 District shall be as follows:
(1)
Height.
(a)
Maximum building or structure height shall be
30 feet.
(b)
Height exceptions.
[1]
The height limitation shall not apply to buildings
or structures devoted to the processing or conveyance of excavated
materials which require a waterside location. However, all such structures
shall be the minimum height that will accomplish the intended function.
[2]
As part of site plan approval, the Planning
Board may allow one or more elements of a proposed land use to be
in excess of this height limitation only if the element is an integral
part of the proposed permitted or special permit use, provided that
the permitted height shall not exceed that which, in the Planning
Board's judgment, is reasonably necessary for the beneficial operation
of the permitted use. For example, a crane for transferring boats
in and out of the water would be an integral part of a marina operation,
or a bridge, trestle or conveyor over the railroad tracks would be
an integral part of access to various permitted uses.
(2)
Lot area, river frontage and setback. There will be
no minimum lot size. No lot shall have a river frontage of less than
100 feet. No building, structure or part thereof shall be erected
nearer to the water's edge than 20 feet from mean high water. Water-dependent
or rail-dependent uses which require a location on or adjacent to
the water are exempt from this requirement. No road frontage is required
when upland property in the same ownership is located in a different
zoning district and provides such frontage.
(3)
Maximum lot coverage. The total coverage of all buildings
and structures on that portion of any lot located within the WD2 District
shall not exceed more than 50% of the lot.
(4)
Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:
(a)
Marinas shall provide at least 0.6 space for
each slip, berth or mooring plus additional spaces deemed necessary
by the Board of Appeals for employees and for ancillary retail activities
on the premises.
(b)
Uses not enclosed in a structure shall provide
one space for every four persons at the maximum designed capacity
of the facility.
(c)
Parking requirements for a use in the WD2 District
may be satisfied if provided on adjoining lands in adjacent districts,
on property owned or controlled by the same owner.
(d)
All sites with an area of one acre or more shall
comply with DEC regulations.
(5)
Screening and landscaping.
(a)
Screening and landscaping of new development
shall be provided as required by the Planning Board during site plan
review to mitigate visual impacts to the extent reasonably possible.
(b)
To the extent feasible, natural vegetation,
especially trees greater than four inches in diameter at breast height,
will be maintained and augmented by plantings of species native to
the region.
