[Added 10-21-1991 by L.L. No. 11-1991]
A.
The purpose of this article is to promote the purposes
of the Beacon Local Waterfront Revitalization Program, including positive
development and revitalization of the waterfront area, while ensuring
that such revitalization takes place in a manner which is sensitive
to coastal resources.
B.
To accomplish these purposes, this article creates two new waterfront
zones. The first zone, called the Waterfront Park (WP) Zone, includes
the publicly owned lands of Dennings Point and Riverfront Park and
the privately owned property of the Long Dock Peninsula, as more particularly
shown on the Zoning Map which is made a part of this chapter.[1] This zone contains provisions which are compatible with
the present and proposed continued uses of these areas, which are
primarily open space uses. The second zone, called the Waterfront
Development (WD) Zone, includes publicly owned lands in the vicinity
of the Beacon Train Station, as more particularly shown on the Zoning
Map which is made a part of this chapter. This zone contains provisions
which permit development and revitalization of this riverfront area
in a manner compatible with the City's Local Waterfront Revitalization
Plan and the Comprehensive Plan.
[1]
Editor's Note: The Zoning Map is on file in the office of
the City Clerk.
C.
These new zoning districts will fulfill the recommendations
of the Local Waterfront Revitalization Program by permitting types
and intensities of uses compatible with the districts' location on
the banks of the Hudson River, while at the same time promoting compatibility
with surrounding land uses, promoting protection of the natural systems
of the river and the water's edge and providing for development which
is commensurate with the public services and facilities in the area.
This article establishes a comprehensive review
plan for land uses in the Waterfront Park and Waterfront Development
Zones. Development within the Waterfront Park and Waterfront Development
Zones shall be governed by this article exclusively, except to the
extent that this article specifically incorporates by reference other
sections of this Zoning Ordinance. In the event that any other provision
of this Zoning Ordinance is inconsistent with the provisions of this
article, then the provisions of this article shall control.
A.
Purpose of Waterfront Park (WP) Zone. The purpose
of the waterfront Park (WP) Zone shall be as follows:
(1)
To maintain, enhance and increase the levels
and types of access to public water-related resources and facilities,
including boating facilities, fishing areas and Waterfront Parks,
so that those resources and facilities may be fully utilized by the
public in accordance with reasonably anticipated public recreation
needs and the protection of historic and natural resources.
(2)
To encourage public pedestrian access along
the water's edge in a manner compatible with adjoining privately owned
land uses.
(3)
To encourage water-dependent and water-enhanced
recreation in a manner consistent with the preservation and enhancement
of other coastal resources and with the public demand for such recreational
uses.
(4)
To encourage uses which further the revitalization
of the City's waterfront in a manner compatible with the scenic beauty
and recreational opportunities of the riverfront area.
B.
Permitted principal uses. Permitted principal uses
shall be as follows:
(1)
Recreational fishing activities.
(2)
Park facilities providing passive recreation
and water-related recreation activities.
(3)
Flood and erosion control structures, such as
breakwaters and bulkheads.
(4)
Recreational activities which depend on or are
enhanced by access to coastal waters, such as swimming, fishing, boating
and wildlife viewing.
(5)
Scientific and educational activities which
require or are enhanced by a location on coastal waters, including
museums, construction of historic boat replicas, or other river-related
educational facilities.[1]
C.
Special permit uses. The following uses require a special permit from the City Council, pursuant to the provisions set forth in Subsection F:
[Added 4-3-2017 by L.L.
No. 5-2017[4]]
(1)
Food trucks and temporary food stands.
(2)
Restaurants not exceeding 2,500 square feet. The Planning Board
may grant up to 4,000 square feet if the applicant provides public
restrooms on the first floor of the building, accessible from the
interior as well as exterior of the building, and if the Planning
Board determines that the larger scale of the building is appropriate
to its surroundings.
(3)
Inns or bed-and-breakfasts not exceeding 6,000 square feet.
(4)
Marine-related retail establishments not exceeding 2,500 square
feet.
(5)
Scientific and educational activities which require or are enhanced
by a location on coastal waters, including museums, construction of
historic boat replicas, or other river-related educational facilities.
(6)
Piers, docks, marinas and boat-launching facilities.
(7)
Charter boat businesses.
D.
Permitted accessory uses. Permitted accessory uses shall be as follows:
[Amended 4-3-2017 by L.L.
No. 5-2017]
(1)
Uses customarily incidental to permitted uses and support facilities
necessary to serve permitted uses.
(2)
Public festivals, street fairs, craft and art fairs and concerts.
(Requires prior approval from City Council under § 23-7
of the City Code).
(3)
Boat service, storage and repair facilities, including the sale
and storage of boat fuel, lubricants, parts, accessories, ice and
bait.
(4)
Lighthouses or other navigational aids.
(5)
Short-term rentals in any dwelling unit, or room(s) therein, located in a one-family home, two-family home, accessory apartment, or multifamily dwelling, as provided in § 223-26.5.
[Added 6-15-2020 by L.L. No. 6-2020[5]]
[5]
Editor's Note: This local law provided the following: "This
local law shall take effect on October 1, 2020. Any short-term rental,
as defined herein, in existence prior to October 1, 2020 shall have
until November 15, 2020, to file an application to obtain a short-term
rental permit. Any short-term rental existing prior to October 1,
2020 that (a) does not meet the definition of short-term rental or
(b) is a short-term rental, as defined, and does not file an application
by November 15, 2020 shall be deemed to be in violation of this local
law and subject to enforcement."
E.
Procedure for review of Waterfront Park development
proposals.
(1)
All proposed activities and projects in the Waterfront Park Zone shall require site plan approval by the Planning Board prior to implementation, pursuant to Subsection G, and no building permit shall be issued until such approval has been obtained.
(2)
Certain activities and projects in the Waterfront
Park Zone also require a special permit from the City Council. Where
both approvals are required, nothing herein shall bar the simultaneous
review of the special permit, site plan and any subdivision approval
for the project. However, no final approval of a site plan shall precede
the issuance of a special permit by the City Council.
F.
Application fees. Applications to the City Council
or Planning Board as provided herein shall be accompanied by the appropriate
fees which may be set from time to time by the City Council for such
applications. If such fees are not sufficient to defray the costs
of review, the applicant shall also be required to pay such additional
fees as may be necessary for the reasonable expenses of technical
assistance to the City in reviewing the technical aspects of the application.
G.
Procedure for obtaining special permit from City Council
for certain Waterfront Park uses.
(1)
Application. The application for a waterfront
park special permit shall be submitted to the City Council. The application
shall consist of narrative text, drawings and/or illustrations describing
the proposed project. Drawings shall be submitted approximately to
scale, but need not be to the precision of a finished engineering
drawing or a final site plan. The application shall include the following:
(a)
A written description of the proposed project
and a description of the manner in which such plan fulfills the purposes
of the Waterfront Park Zone; how it is consistent with the City of
Beacon Local Waterfront Revitalization Plan; and describing the manner
in which the public interest would be served by the proposed project,
including the description of the benefits to the City as a whole and
the waterfront neighborhood.
(b)
A land use plan showing the various proposed
land uses and their spatial arrangement, including the proposed general
location of buildings, parking areas, public, community and/or recreation
facilities, utility and maintenance facilities and open space.
(c)
An indication of the approximate square footage
of any buildings.
(d)
An indication of the appropriate number of parking
and loading spaces in relationship to their intended use, accompanied
by a description of any alternative means of parking to be utilized.
(e)
A general indication of any phasing of construction.
(f)
The general configuration of any interior road
system and connection/access to the adjoining road system.
(g)
The relation of the proposed uses to existing
and proposed uses adjacent to the site.
(h)
The general configuration of the pedestrian
circulation system, including the general location of any public access
to or along the riverfront, and the connection of such pedestrian
passageways to adjoining properties.
(i)
The proposed architectural treatment of views
and viewing points from the site to the Hudson River and to the site
from the Hudson River.
(j)
Descriptions, sketches and elevations showing
the general architectural treatment and design scheme contemplated
for the project and more specific details for any public spaces or
major elements of the site plan.
(k)
A description of the manner in which the proposed
development will relate to existing or planned development on other
adjacent or nearby parcels.
(l)
Such additional information as the City Council
may deem necessary in order to properly evaluate the application.
(2)
City Council review of special permit application.
(a)
Environmental compliance.
[1]
The approval of a waterfront park special permit
is an action under the State Environmental Quality Review Act, and
all proceedings to review such project shall comply with applicable
requirements of State Environmental Quality Review (SEQR).
[2]
Upon receipt of an application for a special
permit, the City Council shall commence a coordinated review under
SEQR and institute lead agency procedures after identifying all involved
and interested agencies, as provided by law.
(b)
City Council referrals.
[1]
The City Council shall refer the application
for a waterfront park special permit to the Planning Board for an
advisory report and recommendation. The Planning Board shall review
all documents and materials relating to the application and shall
render a report to the City Council and may make any advisory recommendations
it deems appropriate. Where the City Council is serving as the lead
agency under SEQR and the Planning Board is an involved or interested
agency, then this referral may be coordinated with the comment period
under SEQR. The report of the Planning Board shall be due on the date
set for receipt of written comments on the DEIS or a date 45 days
from the referral by the City Council, whichever is greater.
[2]
Other referrals. The City Council shall comply
with the applicable provisions of General Municipal Law §§ 239-l
and 239-m. Where the City Council is serving as lead agency under
SEQR, and has required an Environmental Impact Statement (EIS), it
shall also circulate the Draft Environmental Impact Statement (DEIS)
and Final Environmental Impact Statement (FEIS) as provided by law.
In addition to any referrals required by law, the City Council may
refer the application to any other City Board, department, official,
consultant or professional it deems appropriate.
(c)
City Council public hearing. The City Council
shall hold a public hearing, with the same notice required by law
for zoning amendments, on the application for a waterfront park special
permit. Where the City Council is serving as lead agency under SEQR
and determines to hold a SEQR hearing, the SEQR hearing shall be conducted
jointly with this public hearing, if practicable.
(3)
City Council decision on waterfront park special
permit.
(a)
The City Council shall render a decision on
the application for a waterfront park special permit after it has
held the required public hearing herein, completed the SEQR process
and made any requisite SEQR findings and made any requisite consistency
determination under the City's Local Waterfront Consistency Law.[6]
(b)
The City Council may authorize the issuance
of a waterfront park special permit, provided that it shall find that
all of the following conditions and standards have been met:
[1]
The proposed project will fulfill the purposes
of the Waterfront Park zone.
[2]
The proposed project will be in harmony with
the appropriate and orderly development of the City's waterfront area.
[3]
The proposed project will not hinder or discourage
the appropriate development and use of adjacent lands and buildings.
[4]
The proposed project is otherwise in the public
interest.
(4)
Conditions. In approving any waterfront park
special permit, the City Council may attach such conditions, safeguards
and mitigation measures as it deems necessary or appropriate to assure
continual conformance to all applicable standards and requirements
and to fulfill the intent and purposes of this law.
(5)
Time periods for development pursuant to special
permit. At the time of approving a waterfront park special permit,
the City Council may set forth the time period in which construction
is to begin and be completed. The City Council may, in its discretion,
extend any time period it has previously set where it finds that changing
market conditions or other circumstances have acted to prevent the
timely commencement or completion of work and that the developer has
proceeded with reasonable diligence in an effort to assure completion
of the work within the permitted time period. The extension of these
time periods shall not require the holding of a new public hearing.
(6)
Revisions to special permit. After approval
of a waterfront park special permit, any proposed revisions in the
approved special permit shall be submitted to the City Council or
its designee. The City Council, in its discretion, shall determine
the appropriate procedures for consideration of the proposed revisions
and whether such revision is material enough to require further environmental
analysis, further project review and/or a further hearing, as it may
deem appropriate.
H.
Site development plan review. Site plans for proposed
Waterfront Park projects shall be reviewed pursuant to this subsection.
(1)
Application for site plan approval. The application for site development plan approval shall contain all the material set forth in § 223-25B of this Zoning Ordinance. In addition, the applicant shall submit the following:
(a)
Information to establish that the proposed site plan meets the waterfront park standards set forth in Subsection I.
(b)
Preliminary elevations showing the general architectural
and design treatment of all buildings, public and open spaces and
other site plan elements.
(c)
Such other information as the Planning Board
may reasonably require in order to evaluate the site plan application.
(2)
Planning Board review of site plan.
(a)
The Planning Board shall conduct a detailed
review of the adequacy, location, arrangement, design and appearance
of each aspect of the proposed development.
(b)
In acting on any site development plan application, the Planning Board shall take into consideration any approved special permit, the proposed design and layout of the entire waterfront area, including the proposed location, height and bulk of buildings, traffic circulation within and without the site, provision of off-street parking space, exterior lighting, landscaping, buffer areas and open spaces, display of signs and architecture and design so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods, and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system. Particularly, the Planning Board shall assure that the proposed site plan meets the waterfront park standards set forth in Subsection I.
(3)
Time period for construction. At the time of
approving the site plan, the Planning Board may set forth the time
period in which construction is to begin and be completed. The Planning
Board may, in its discretion, extend any time period it has previously
set where it finds that changing market conditions or other circumstances
have acted to prevent the timely commencement or completion of work,
and that the developer has proceeded with reasonable diligence in
an effort to assure completion of the work within the permitted time
period. The extension of these time periods shall not require the
holding of a new public hearing.
(4)
Adjustments to site plan during construction. During the construction of an approved site plan, the Building Inspector or the City Engineer may authorize minor adjustments to the approved plans which are consistent with the approved site plan when such adjustments appear necessary in the light of technical or engineering considerations which develop during actual construction, or when such adjustments are required in order to comply with law, rules or regulations made applicable to the subject property by any agency or instrumentality of the United States, New York State, Dutchess County or City government. The Building Inspector or City Engineer may, in his discretion, refer any such proposed change to the Planning Board for review. The Planning Board may determine to treat the modification as a minor site plan adjustment under this section or to treat it as a site plan amendment under Subsection G(5). If treated as a minor site plan adjustment, the Planning Board may authorize the Engineer or Building Inspector to approve the requested change.
(5)
Site plan amendments. If the Planning Board determines that the character of the proposed changes requires a site plan amendment, the Planning Board shall process the application as an amended site plan under this Subsection G and shall have discretion to determine the extent of further environmental analysis and project review that is required. After appropriate review, the Planning Board shall approve the site plan amendment by resolution.
I.
Subdivision within Waterfront Park project. The Planning
Board may review any proposed subdivision applications within a Waterfront
Park project at any time. Any requests for subdivision approval shall
follow the procedures set forth in the City of Beacon's Subdivision
Regulations.[7]
J.
Waterfront park standards. Because the Waterfront
Park area is a central element in the City's waterfront, it is essential
that any proposed site plans meet the following standards:
(1)
Relationship to uses on surrounding property.
The land uses in a Waterfront Park project shall relate, visually
and functionally, with surrounding land areas, including Long Dock,
Riverfront Park, Dennings Point, Federal Paperboard property and the
Metro-North Train Station. Elements of the project site plan, particularly
those at the entrance, shall relate compatibly with other elements
of the City waterfront.
(2)
Relationship to river. All elements of a project
within the WP Zone shall also be sensitive to the site's relationship
to the river and shall be designed accordingly.
(3)
Provision of view corridors. The site shall
be developed in such a way as to maximize important views and to provide
view opportunities at the river's edge and view corridors throughout
the development. Site layout and design shall consider view corridors
identified in the LWRP and shall also consider important views from
Riverfront Park and from the Hudson River toward the shore. Important
views should be protected and enhanced to the maximum extent practicable.
(4)
Architectural design standards.
(a)
The various elements of the project shall be
integrated by cohesive architectural treatment and compatible design.
(b)
Buildings shall be designed in consideration
of appearance from all vantage points.
(c)
Architectural elements shall be used to provide
visual interest, reduce apparent scale of the development and promote
integration of the various design elements in the project.
(d)
Groups of related buildings shall be designed
to present a compatible appearance in terms of architectural style.
(e)
Building lines shall be varied to the extent
practicable in order to provide an interesting interplay of buildings
and open spaces.
(f)
Appurtenances on buildings and auxiliary structures,
such as mechanical equipment or water towers, carports, garages or
storage buildings, shall receive architectural treatment consistent
with that of principal buildings.
(5)
Energy efficiency. The plan for development
of any Waterfront Park project shall be designed and arranged in such
a way as to promote energy efficiency to the maximum extent practicable
for all buildings.
(6)
Landscaping, screening and buffering.
(a)
All sidewalks, open spaces, parking areas, boat
storage areas and service areas shall be landscaped and/or paved in
a manner which will harmonize with proposed buildings. Materials for
paving, walls, fences, curbs, benches, etc., will be attractive, durable,
easily maintained and compatible with the exterior materials of adjacent
buildings.
(b)
The Planning Board may require buffer landscaping,
fencing or screening, to separate land uses and to screen utility
buildings, refuse collection areas, cooling systems and other similar
installations and features.
(c)
All plants, trees and shrubs shall be installed
in accordance with a planting schedule provided by the developer and
approved by the Planning Board. Landscape materials selected shall
be appropriate to the growing conditions of the shoreline environment
and this climatic zone.
(7)
Lighting. Streets, drives, walks and other outdoor
areas shall be properly lighted to promote safety and encourage pedestrian
use. All exterior lighting for the project shall be directed downward
or otherwise appropriately shielded and designed to minimize excessive
light. It shall have an attractive appearance compatible with the
overall project design and waterfront character. Lighting type, number
and locations shall be subject to Planning Board review and approval
as part of the site plan review.
(8)
Signage.
(a)
All signs shall be planned and designed in accordance
with an overall comprehensive signage plan, which shall be subject
to Planning Board review and approval as part of site plan review.
(b)
All signs shall be of a size and scale as determined
appropriate by the Planning Board to accomplish their intended purpose.
(9)
Vehicular circulation system and traffic access.
The rights-of-way and pavement widths for all internal streets, drives,
walks or other accessways for vehicles and/or pedestrians shall be
determined on the basis of sound current planning and engineering
standards, which shall accommodate projected demand but minimize impervious
surface to the maximum extent possible.
(10)
Public access. Waterfront Park developments
should be encouraged to provide pedestrian public access in a manner
which:
(a)
Enhances existing public access opportunities
at the riverfront, in furtherance of the LWRP and the state's coastal
policies; and
(b)
Coordinates such public access with existing
or anticipated opportunities for public access on adjacent lands to
facilitate further linkages in a continuous pedestrian path system.
(11)
Off-street parking and loading shall be provided in accordance with § 223-26.
(a)
General parking requirements.
[1]
Off-street parking and loading
areas shall be designed with careful regard to their relationship
to the uses served and to the objectives for other open spaces. They
shall be coordinated with the public street system serving the project
in order to avoid conflicts with through traffic or obstruction to
pedestrian walks.
[2]
Parking and loading facilities
not enclosed in structures shall be suitably landscaped and/or screened
as determined appropriate by the Planning Board.
(b)
(Reserved)
(c)
(Reserved)
(d)
(Reserved)
(e)
Alternative methods of meeting off-street parking
requirements.
[1]
General.
[a]
The waterfront area will include
a mix of land uses on the waterfront, wherein the cumulative parking
demand is less than the sum of the peak demand values for each individual
land use. This makes it possible to share parking without conflict
and to avoid a large surplus of parking spaces in the waterfront area.
[b]
Also, because of the special nature
and value of land along the waterfront, and because of the anticipated
mix of land uses, alternative parking solutions, such as valet parking,
off-site parking, etc., may, in certain situations, also be appropriate.
[2]
Planning Board authority. The Planning
Board shall be authorized to find that any portion of the off-street
parking requirements of a Waterfront Park project have been satisfied
when the applicant establishes to the Board's satisfaction that alternative
parking solutions are appropriate and will provide adequate parking
for the project. If an applicant wishes to use alternative parking
methods, he must submit a complete analysis to the Board for review.
This analysis must include estimates of peak parking demands for different
land uses for different hours of the day and days of the week. It
should also define strategies intended to incorporate alternative
parking methods and the advantages of such strategies.
[3]
Alternative parking methods. Alternative
parking methods include the following, and such other methods as the
Planning Board deems appropriate, or any combination thereof:
(12)
On-site utilities and services.
(a)
Underground lines. All on-site power and communication
lines, as well as on-site water, sewer and storm drainage lines, shall
be installed underground in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction. Any
utility equipment which will be necessarily located above ground will
be adequately screened from view in an attractive manner.
(b)
Approval of appropriate jurisdiction. All buildings
within the Waterfront Park projects shall be served by water supply,
sanitary sewage and stormwater drainage systems as approved by the
appropriate government agency or agencies having jurisdiction thereof.
Stormwater drainage shall minimize siltation and nonpoint source discharge
of salted areas.
(c)
Television hookups. Television hookups shall
either be by cable television or a central antenna system designed
to minimize adverse aesthetic impact.
(d)
Refuse collection. Waterfront Park projects
shall provide an adequate means of separation, and storing refuse
between collections, which shall comply with all applicable City requirements,
including recycling requirements. Such storage systems shall be designed
to minimize adverse aesthetic impact.
(e)
Cooling systems. Cooling systems in any buildings
shall be designed so as to minimize adverse aesthetic impact.
(f)
Placement of utilities. Where possible, all
utilities shall be placed within the right-of-way, and all possible
steps shall be taken to avoid placement of utilities under the pavement,
in order to assure ease of future maintenance.
A.
Purpose. The purposes of this section shall be as
follows:
(1)
To stimulate the revitalization of the City
and its waterfront by establishing a well-designed central focus for
the City's waterfront area.
(2)
To provide for land uses consistent with the
Beacon Local Waterfront Revitalization Plan and Comprehensive Plan,
including residential and waterfront commercial uses, to serve as
a catalyst for the economic and physical revitalization of the entire
waterfront area.
[Amended 4-3-2017 by L.L.
No. 5-2017]
(3)
To encourage a mix of uses on the waterfront
with a consistent set of design standards to assure a unified and
comprehensively planned development that will function effectively
and achieve a high standard of site planning and architectural design.
(4)
To eliminate deteriorated structures and incompatible,
visually unattractive or otherwise deleterious land uses.
(5)
To increase pedestrian public access to, and
the potential for the enjoyment of, the waterfront and to integrate
that access with existing and anticipated pedestrian public access
opportunities on adjacent public lands.
B.
Permitted principal uses. Permitted principal uses shall be as follows,
subject to a requirement that a minimum of 25% of the total development’s
floor area within 400 feet of the train station shall be permitted
nonresidential uses, not including artist live/work spaces, which
must be built out before or concurrently with any residential development
of the site:
[Amended 8-6-2001 by L.L.
No. 12-2001; 7-6-2009 by L.L. No. 10-2009; 4-3-2017 by L.L. No. 5-2017; 6-15-2020 by L.L. No. 7-2020; 2-16-2021 by L.L. No. 02-2021]
(1)
Any principal use permitted in the WP Zone.
(2)
Residential multifamily dwelling unit.
(3)
Convenience retail and personal service shop designed to serve
the needs of area residents and commuters.
(4)
Restaurant, bar, or brew pub.
(5)
Inn, hotel, fitness center, spa, or day-care centers.
(6)
Art, craft, or fine arts gallery.
(7)
Office. The Planning Board may limit the extent of office uses
on the first floor, depending on the building location within the
overall development.
(8)
Professional, small business and service facilities in the lower
floors of multistory residential buildings.
(9)
Artist live/work spaces.
(10)
Public square, plaza, promenade, or pocket park.
(11)
Public or semipublic use; live theater, concert hall, museum,
or meeting room suitable for social, civic, cultural or education
activity.
(12)
Conference space or conference center.
(13)
Microbrewery or microdistillery.
(14)
Other use similar to the above uses as determined by resolution
of the City Council.
C.
D.
Permitted accessory uses. Permitted accessory uses shall be as follows:
[Amended 4-3-2017 by L.L.
No. 5-2017]
(1)
Public festivals, street fairs, craft and art fairs and concerts.
(Requires prior approval from City Council under § 23-7
of the City Code.)
(2)
Uses customarily incidental to permitted uses, and support facilities
necessary to serve permitted uses.
(3)
Public garages and off-street parking.
(4)
Enclosed storage.
(5)
Rooftop gardens, greenhouses and solar collectors.
(6)
Public or semipublic accessory uses, such as bandshells, kiosks
and gazebos.
(7)
Short-term rentals in any dwelling unit, or room(s) therein, located in a one-family home, two-family home, accessory apartment, or multifamily dwelling, as provided in § 223-26.5.
[Added 6-15-2020 by L.L. No. 6-2020[2]]
[2]
Editor's Note: This local law provided the following: "This
local law shall take effect on October 1, 2020. Any short-term rental,
as defined herein, in existence prior to October 1, 2020 shall have
until November 15, 2020, to file an application to obtain a short-term
rental permit. Any short-term rental existing prior to October 1,
2020 that (a) does not meet the definition of short-term rental or
(b) is a short-term rental, as defined, and does not file an application
by November 15, 2020 shall be deemed to be in violation of this local
law and subject to enforcement."
E.
Procedure for review of waterfront development proposals.
[Amended 4-3-2017 by L.L.
No. 5-2017]
(2)
The Planning Board's review of a special permit application
for a waterfront development project or projects shall also include
review of a waterfront development concept plan, which contains a
proposed designation of the appropriate land uses, or a range of land
uses, for the overall development of the site. The purpose of this
review is to assure that the site will be developed in accordance
with an overall comprehensive plan, even though the total waterfront
development may consist of several separate waterfront development
projects, which might be constructed at different times.
F.
Application fees. Applications to the Planning Board as provided
herein shall be accompanied by the appropriate fees which may be set
from time to time by the City Council for such applications. If such
fees are not sufficient to defray the costs of review, the applicant
shall also be required to pay such additional fees as may be necessary
for the reasonable expenses of technical assistance to the City in
reviewing the technical aspects of the application.
[Amended 4-3-2017 by L.L.
No. 5-2017]
G.
Procedure for special permit and waterfront development
concept plan review.
[Amended 7-2-2001 by L.L.
No. 11-2001; amended 4-3-2017 by L.L. No. 5-2017]
(1)
Application. The application for a waterfront
development special permit for one or more waterfront development
projects shall be submitted to the Planning Board. The application
shall consist of narrative text, drawings and/or illustrations describing
the proposed waterfront development project and concept plan. Drawings
shall be submitted approximately to scale, but need not be to the
precision of a finished engineering drawing, or a final site plan.
The application shall include the following:
(a)
A written description of the waterfront development
project(s) and concept plan and a description of the manner in which
such proposal meets the purposes of the Waterfront Development Zone;
how it is consistent with the City of Beacon Local Waterfront Revitalization
Plan; and describing the manner in which the public interest would
be served by the proposed waterfront development, including the description
of the benefits to the City as a whole and the waterfront neighborhood.
(b)
A land use plan showing the various proposed
land uses and their spatial arrangement, including the proposed general
location of buildings, parking areas, public, community and/or recreation
facilities, utility and maintenance facilities and open space.
(c)
An indication of the approximate square footage
of buildings and the approximate number of dwelling units of each
housing type and size.
(d)
An indication of the appropriate number of parking
and loading spaces in relationship to their intended use, accompanied
by a description of any alternative means of parking to be utilized.
(e)
A general indication of any phasing of construction.
(f)
The general configuration of the interior road
system and connection/access to the adjoining road system.
(g)
Waterfront development concept plan showing
the relation of the proposed uses to existing and proposed uses adjacent
to the site.
(h)
The general configuration of the pedestrian
circulation system, including the general location of any public access
to or along the riverfront, and the connection of such pedestrian
passageways to adjoining properties.
(i)
The proposed architectural treatment of views
and viewing points from the site to the Hudson River; to the site
from the Hudson River and from Riverfront Park and Dennings Point;
and over the site from any viewsheds identified in the LWRP.
(j)
Descriptions, sketches and elevations showing
the general architectural treatment and design scheme contemplated
for the entire development and specifically for any public spaces
or major elements of the site plan.
(k)
Such additional information as the Planning
Board may deem necessary in order to properly evaluate the application.
(2)
Planning Board review of special permit and
waterfront development concept plan application.
(a)
Environmental compliance.
[1]
The approval of a waterfront development project
is an action under the State Environmental Quality Review Act, and
all proceedings to review such project shall comply with applicable
requirements of SEQR.
[2]
Upon receipt of an application for a special
permit and waterfront development concept plan, the Planning Board
shall commence a coordinated review under SEQR and institute lead
agency procedures after identifying all involved and interested agencies,
as provided by law.
[3]
Because any waterfront development will constitute
an important element in the implementation of the City's Local Waterfront
Revitalization Plan, the preparation of a Draft Environmental Impact
Statement shall be required by the lead agency. Such DEIS shall comply
with all requirements of law. To the extent possible in accordance
with law, the DEIS submitted in connection with the special permit
and waterfront development concept plan approval shall be sufficiently
specific so as to eliminate the need for additional and/or supplemental
DEIS's during the site plan stage of the approval process.
[4]
To the extent possible in accordance with law,
the preparation of the DEIS shall be integrated into the existing
agency review processes and should occur at the same time as the other
agency reviews, including the special permit and waterfront development
concept plan review. When a SEQR hearing is to be held, it should
be conducted jointly with other public hearings on the proposed action,
whenever practicable.
[5]
Notwithstanding Subsection G(2)(a)[1] through [4] immediately above, where a waterfront development project includes a phase (or phases) comprised solely of uses permitted in the Waterfront Park District, and where a lead agency has been established and has scoped a DEIS for the overall waterfront development project, said phase (or phases) may be segmented for the purposes of environmental review in accordance with the provisions of SEQR. In such case, the lead agency shall require the preparation of a full environmental assessment form (EAF) for its use in rendering a determination of significance regarding said phase(s). Further, the lead agency shall notify all involved and interested agencies that the phase(s) will be segmented and shall send a copy of the EAF with said notification.
[Amended 6-15-2020 by L.L. No. 7-2020]
(b)
Special permit approval. The Planning Board
may authorize the issuance of a special permit for a waterfront development
project, provided that it shall find that the following conditions
and standards have been met:
[1]
The proposed waterfront development project
will fulfill the purposes of the waterfront development zone.
[2]
The proposed waterfront development project meets the Waterfront Development Design Standards set forth in § 223-41.4J, to the extent applicable at the special permit stage.
[3]
The proposed waterfront development project will
be in harmony with the appropriate and orderly development of the
City's waterfront area.
[4]
The proposed waterfront development project will not hinder or discourage
the appropriate development and use of adjacent lands.
[5]
The proposed land uses will be in accordance with the approved waterfront
development concept plan.
[7]
The proposed project is otherwise in the public interest.
(c)
Conditions. In approving any waterfront development
concept plan and special permit, the Planning Board may attach such
conditions, safeguards and mitigation measures as it deems necessary
or appropriate to assure continual conformance to all applicable standards
and requirements and to fulfill the intent and purposes of this chapter.
(3)
(Reserved)
(4)
Time periods for development pursuant to special permit. At
the time of approving a special permit, the Planning Board may set
forth the time period in which construction is to begin and be completed.
The Planning Board may, in its discretion, extend any time period
it has previously set where it finds that changing market conditions
or other circumstances have acted to prevent the timely commencement
or completion of work, and that the developer has proceeded with reasonable
diligence in an effort to assure completion of the work within the
permitted time period. The extension of these time periods shall not
require the holding of a new public hearing.
(5)
Revisions to waterfront development special permit. After approval
of a waterfront park special permit, any proposed revisions in the
approved special permit shall be submitted to the Planning Board or
its designee. The Planning Board, in its discretion, shall determine
the appropriate procedures for consideration of the proposed revisions,
and whether such revision is material enough to require further environmental
analysis, further project review and/or a further hearing, as it may
deem appropriate.
(6)
Processing of phases comprised of Waterfront Park District uses. Notwithstanding other provisions of the waterfront development review and approval process, where a waterfront development project includes a phase (or phases) comprised solely of uses permitted in the Waterfront Park District, the Planning Board may process and grant special permit approval to said phase(s) in advance of the complete processing of the overall project so long as the SEQR process has been complied with in accordance with the provisions of § 223-41.4G herein; said phase is an integral part of an appropriate waterfront development concept plan, as determined by the Planning Board; and the overall review and approval process for waterfront development special permits as outlined herein, including all referrals and hearings, has been complied with for said phase(s). After the granting of special permit approval, said phase(s) may proceed to site development plan review and approval for said phase(s) in accordance with Subsection H immediately below.
[Amended 6-15-2020 by L.L. No. 7-2020
H.
Site development plan review. After approval of the
waterfront development special permit the Planning Board may grant
site plan approval to a waterfront development project.
[Amended 4-3-2017 by L.L.
No. 5-2017]
(1)
Application for site plan approval. The application for site development plan approval shall contain all the material set forth in § 223-25B of this Zoning Ordinance. In addition, the applicant shall submit the following:
(a)
Information to establish that the proposed site plan meets the waterfront development standards set forth in Subsection J.
[Amended 6-15-2020 by L.L. No. 7-2020]
(b)
Information to establish that the proposed site
plan is in substantial conformance with the approved waterfront development
concept plan.
(c)
Preliminary elevations showing the general architectural
and design treatment of all buildings, public and open spaces and
other site plan elements.
(d)
Information to establish the relationship of
the proposed project to later elements of the development of the site,
including any other adjacent and nearby lands that are not part of
the applicant's planned waterfront development projects.
(e)
Such other information as the Planning Board
may reasonably require in order to evaluate the site plan application.
(2)
Planning Board review of site plan.
(a)
The Planning Board shall conduct a detailed
review of the adequacy, location, arrangement, design and appearance
of each aspect of the proposed development. While the scope of the
Planning Board's review of the site plan will generally relate to
the waterfront project at issue, the Planning Board shall have the
authority to assure that aspects of the overall development of the
site (e.g., stormwater management, domestic water and fire protection,
sanitary sewer, all utilities, streets, etc.) shall be adequate to
suit the purposes and needs of the entire waterfront area, as it is
finally developed.
[Amended 6-15-2020 by L.L. No. 7-2020]
(b)
In acting on any site development plan application, the Planning Board shall take into consideration any approved special permits and waterfront development concept plans, the proposed design and layout of the entire waterfront area, including the proposed location, height and buffer of buildings, traffic circulation within and without the site, provision of off-street parking, exterior lighting, display of signs, landscaping, buffer areas and open spaces and architecture and design, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and of adjacent neighborhoods, and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system. Particularly, the Planning Board shall assure that the proposed site plan meets the waterfront development standards set forth in Subsection J.
[Amended 6-15-2020 by L.L. No. 7-2020]
(c)
The proposed site development plan shall be
in general conformance with the waterfront development concept plan.
While the waterfront development concept plan approval will approve
a general layout on the site, the individual site plans for particular
waterfront development projects will provide detailed building envelopes,
elevations and site design details regarding proposals for various
projects within the site. The Planning Board may exercise its discretion
in allowing minor variations from the waterfront development concept
plan so long as the site plan is, in the Planning Board's judgment,
generally in keeping with the waterfront development concept plan.
In no case, however, shall the Planning Board have the authority to
approve a total number of dwelling units or total density in the waterfront
development which exceeds the number approved as part of the special
permit and waterfront development concept plan. Nor shall the Planning
Board have the authority to approve the total square footage of nonresidential
space above that approved in the special permit.
(3)
Time period for construction. At the time of
approving the site plan, the Planning Board may set forth the time
period in which construction is to begin and be completed. The Planning
Board may, in its discretion, extend any time period it has previously
set where it finds that changing market conditions or other circumstances
have acted to prevent the timely commencement or completion of work,
and that the developer has proceeded with reasonable diligence in
an effort to assure completion of the work within the permitted time
period. The extension of these time periods shall not require the
holding of a new public hearing.
(4)
Adjustments to site plan during construction. During the construction of an approved site plan, the Building Inspector or the City Engineer may authorize minor adjustments to the approved plans which are consistent with the overall approved site plan, when such adjustments appear necessary in the light of technical or engineering considerations which develop during actual construction, or when such adjustments are required in order to comply with law, rules or regulations made applicable to the subject property by any agency or instrumentality of the United States, New York State, Dutchess County or City government. The Building Inspector or City Engineer may, in his discretion, refer any such proposed change to the Planning Board for review. The Planning Board may determine to treat the modification as a minor site plan adjustment under this section or to treat it as a site plan amendment under Subsection G(5). If treated as a minor site plan adjustment, the Planning Board may authorize the Engineer or Building Inspector to approve the requested change.
(5)
Site plan amendments. If the Planning Board determines that the character of the proposed changes requires a site plan amendment, the Planning Board shall process the application as an amended site plan under this Subsection G(5) and shall have discretion to determine the extent of further environmental analysis and project review that is required. After appropriate review, the Planning Board shall approve the site plan amendment by resolution.
I.
Subdivision within a waterfront development. The Planning
Board may review any proposed subdivision applications within a waterfront
development at any time. Any requests for subdivision approval shall
follow the procedures set forth in the City of Beacon's Subdivision
Regulations.[3] The bulk standards, setbacks and other dimensional requirements
of the WD Zone shall apply to the gross land area of the total waterfront
development, whether or not the gross land area is or will remain
in one ownership, and shall not apply to individual or subdivided
lots.
J.
Development standards for Waterfront Development District.
It is essential that development in this district meet the following
development standards:
[Amended 4-3-2017 by L.L.
No. 5-2017]
(1)
Comprehensive design. The WD Zone allows for flexibility of
design to encourage innovative site planning and creative use of the
two areas specified: north area and south area. While the WD north
area is expected to contain residential development, the southern
portion of the district is expected to contain various elements of
mixed-use development (e.g., residential, commercial, retail, cultural,
etc.). Each area must be planned with a comprehensive plan for ingress,
egress, circulation and utility service. The architectural styles
of various buildings must be compatible within each portion of the
WD district and must attain high standards of design.
(2)
Relationship to river and MNRR station. All elements of a project
within the WD Zone shall also be sensitive to the site's relationship
to the river and the MNRR station, and shall be designed accordingly.
(3)
Provision of view corridors. The sites shall be developed in
such a way as to preserve important public views from upland locations
as specified but not limited to view corridors identified in the Local
Waterfront Revitalization Program (LWRP). For the WD north area, building
rooflines should step down, from north to south, to follow contour
and elevation of the topography directly to the east of the development
site. For the WD south area, building roofline should step down, from
east to west, to protect views from Beekman and River Streets to maximum
extent practicable. No building shall be taller than 32 feet above
grade at the curb line of Beekman Street.
(4)
Architectural design standards.
(a)
The various elements of any project shall be integrated by cohesive
architectural treatment and compatible design.
(b)
Buildings shall be designed in consideration of appearance from
all vantage points.
(c)
Architectural elements shall be used to provide visual interest,
reduce apparent scale of the development and promote integration of
the various design elements in the project.
(d)
Groups of related buildings shall be designed to present a compatible
appearance in terms of architectural style. Compatible appearance
should seek to achieve non-excessive difference rather than identical
similarity.
(e)
Building lines shall be varied to the extent practicable in
order to provide an interesting interplay of buildings and open spaces.
(f)
Appurtenances on buildings and auxiliary structures, such as
mechanical equipment or water towers, parking facilities, or storage
buildings, shall receive architectural treatment and screening consistent
with that of principal buildings.
(g)
Parking decks should be screened from public view to maximum
extent practicable, preferably with "green screen" techniques.
(h)
Buildings should have a top-floor cornice feature and first-floor
architectural articulation, such as a storefront with a secondary
cornice or an architecturally emphasized entrance doorway, to accent
the central body of the building.
(i)
Wherever practicable, buildings should employ texture or additional
detailing to accentuate the base of buildings and provide human scale.
(j)
Architectural features and windows should be continued on all
sides of the building that are clearly visible from a street or public
parking area, avoiding any blank walls, except in cases of existing
walls or potential common property walls. Larger buildings shall incorporate
significant breaks in the facades and rooflines at intervals of no
more than 35 feet.
(k)
Primary individual window proportions shall be greater in height
than in width. Mirrored, reflective, or tinted glass, all-glass walls,
and exterior roll-down security gates shall not be permitted. Any
shutters shall match the size of the window opening, appear functional,
and be attached to the window frame.
(l)
Building elements that provide additional architectural interest,
such as bay windows, and cornices, but not including balconies or
porches, may encroach up to two feet beyond the front line if the
bottom of the encroaching building elements is at least 12 feet above
grade.
[Amended 12-9-2019 by L.L. No. 12-2019]
(m)
Metal, glass or canvas-type awnings and canopies or projecting
signs are encouraged and may encroach up to six feet for awnings and
three feet for signs into the front setback and over the sidewalk
above seven feet. Vinyl awnings are discouraged unless the applicant
can demonstrate to the Planning Board's satisfaction that the finish
and design of such awning are of high quality, aesthetically pleasing
and meet the intended standards of the district, as determined by
said Board.
(n)
Buildings shall have a front entrance door facing the primary
street and connected to the sidewalk. Front entrance doors for commercial
buildings and retail storefronts shall be active and provide main
access during business hours.
(o)
Commercial buildings shall have at least 70% glass on the first-floor
facades, located between two feet and 10 feet above the sidewalk.
Residential buildings shall have at least 30% glass on the first-floor
facades.
(p)
Finish building materials should be wood, brick, traditional
cement-based stucco, stone or fiber-cement siding or other material
deemed acceptable by the Planning Board. Vinyl, aluminum or sheet
metal siding or sheet trim, exposed concrete blocks or concrete walls,
plywood or other similar prefabricated panels, unpainted or unstained
lumber, synthetic stone or brick, or synthetic stucco, exterior insulation
and finishing system (EIFS), or direct-applied finish system (DAFS),
and chain link fencing shall not be permitted.
(5)
Energy efficiency. The plan for development of any project shall
be designed and arranged in such a way as to promote energy efficiency
to the maximum extent practicable for all buildings. All buildings
should meet or exceed LEED Silver rating or equivalency.
(6)
Landscaping, screening and buffering.
(a)
All sidewalks, open spaces, parking areas and service areas
shall be landscaped and/or paved in a manner that will harmonize with
proposed buildings. Materials for paving, walls, fences, curbs, benches,
etc., will be attractive, durable, easily maintained and compatible
with the exterior materials of adjacent buildings.
(b)
The Planning Board may require buffer landscaping, fencing or
screening to separate land uses, and to screen utility buildings,
refuse collection areas, cooling systems and other similar installations
and features.
(c)
All plants, trees and shrubs shall be installed in accordance
with a planting schedule provided by the developer and approved by
the Planning Board. Landscape materials selected shall be appropriate
to the growing conditions of the shoreline environment and this climatic
zone.
(7)
Lighting. Streets, drives, walks and other outdoor areas shall
be properly lighted to promote safety and encourage pedestrian use.
All exterior lighting for the project shall be directed downward or
otherwise appropriately shielded and designed to minimize excessive
light. It shall have an attractive appearance compatible with the
overall project design and waterfront character. Lighting type, number
and locations shall be subject to Planning Board review and approval
as part of the site plan review.
[Amended 6-15-2020 by L.L. No. 7-2020]
(8)
Signage.
(a)
All signs shall be planned and designed in accordance with an
overall comprehensive signage plan, which shall be subject to Planning
Board review and approval as part of site plan review.
(b)
All signs shall be of a size and scale as determined appropriate
by the Planning Board to accomplish their intended purpose.
(9)
Vehicular circulation system and traffic access. The rights-of-way
and pavement widths for all internal streets, drives, walks or other
access ways for vehicles and/or pedestrians shall be determined on
the basis of sound current planning and engineering standards, which
shall accommodate projected demand but minimize impervious surface
to the maximum extent possible.
(10)
Public access. While development in WD north area is expected
to be primarily residential, development in WD south area is expected
to accommodate public access to the MNRR station and Beacon waterfront.
This will require certain private elements for the security and benefit
of its residents and property owners. A clear boundary should be maintained
between publicly accessible and private space. Development that provides
access to the MNRR train station (i.e. the WD south area) public pedestrian
access should be created in a manner which:
(a)
Enhances existing public access opportunities to the riverfront,
in furtherance of the City's Comprehensive Plan and LWRP and the state's
coastal policies.
(b)
Coordinates such public access with existing or anticipated
opportunities for public access to the MNRR and Beacon waterfront
west of the railroad tracks.
(c)
Provides a public promenade along length of development facing
the river.
(11)
Off-street parking and loading.
[Amended 6-15-2020 by L.L. No. 7-2020; 8-5-2024 by L.L. No. 5-2024]
(a)
General parking requirements.
[1]
Off-street parking and loading
areas shall be designed with careful regard to their relationship
to the uses served and to the objectives for other open spaces. They
shall be coordinated with the public street system serving the project
in order to avoid conflicts with through traffic or obstruction to
pedestrian walks.
[2]
Parking and loading facilities
not enclosed in structures shall be suitably landscaped and/or screened
as determined appropriate by the Planning Board.
(12)
On-site utilities and services:
(a)
Underground lines. All on-site television, power
and communication lines, as well as on-site water, sewer and storm
drainage lines, shall be installed underground in the manner prescribed
by the regulations of the government agency or utility company having
jurisdiction. Any utility equipment which will be necessarily located
above ground will be adequately screened from view in an attractive
manner.
(b)
Approval of appropriate jurisdiction. All buildings
within waterfront development projects shall be served by water supply,
sanitary sewage and stormwater drainage systems as approved by the
appropriate government agency or agencies having jurisdiction thereof.
Stormwater drainage shall minimize siltation and nonpoint source discharge
of salted areas and any other pollutants. Best management practices
shall be required.
(c)
Television hookups. Television hookups shall
either be by cable television or a central antenna system designed
to minimize adverse aesthetic impact.
(d)
Refuse collection. The waterfront development
shall provide an adequate means of separation, and storing refuse
between collections, which shall comply with all applicable City requirements,
including recycling requirements. Such storage systems shall be designed
to minimize adverse aesthetic impact.
(e)
Cooling systems. Cooling systems shall be designed
so as to minimize adverse aesthetic impact.
(f)
Placement of utilities. Where possible, all
utilities shall be placed within the right-of-way, and all possible
steps shall be taken to avoid placement of utilities under the pavement,
in order to assure ease of future maintenance.
The following definitions are unique to this article IVA. If any conflict exists between the definitions and provisions contained in this article and the general definitions and provisions contained elsewhere in this Zoning Ordinance, or any amendments thereto, then for the purposes of any development pursuant to this article, the definitions contained herein shall govern.
All land, landfill areas and deck or platform surfaces lying
inland of mean high water level, without any exclusions whatsoever.
All lands within a waterfront development site, including those lying
within the one-hundred-year floodplain and wetlands, shall be counted
in this calculation of gross development area. However, no construction
shall take place within any floodplain or wetland area unless and
until all required development permits have been obtained.
A business enterprise engaged in preparing and serving food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress, or at a buffet, and consumed
on the premises.
A mixed use development which incorporates various permitted
Waterfront Development (WD) District uses, as part of a comprehensive
plan. Parcels within a waterfront development may be in the same or
in different ownership and may be developed as separate WD projects,
with each project being devoted to one or more of the permitted uses
in the district.
A.
Minimum lot size: one acre. (NOTE: The minimum lot
size shall be two acres for those uses requiring a special permit
from the City Council.)
B.
Maximum building coverage: 20%.
D.
Maximum building height: 2 1/2 stories/35 feet.
(NOTE: All habitable stories must be elevated above the one-hundred-year
floodplain. The area below the elevated first habitable story may,
but need not, be used for parking. When story heights are provided
in these regulations, they are deemed to be habitable or occupiable
stories over a parking level or as otherwise elevated above the one-hundred-year
floodplain. A basement level used only for parking and not used for
business purposes shall not be counted as a story.)
[Amended 7-6-2009 by L.L. No. 10-2009; 4-3-2017 by L.L. No.
5-2017]
A.
Minimum site size: five acres.
B.
Maximum height.
(1)
Area north of West Main Street (see illustration[1]): Average of four stories of residential/mixed use over
parking. Height may not exceed average of 75 feet from average ground
level of the existing Metro-North parking.
[1]
Editor's Note: Said illustration is included as an attachment to this chapter.
(2)
Area south of Light Industry (LI) zone (see illustration[2]): Average of three stories of residential/mixed use over
parking. Height may not exceed average of 32 feet at Beekman Street,
nor more than average of 70 feet above the average ground level of
the existing Metro-North parking.
[2]
Editor's Note: Said illustration is included as an attachment to this chapter.
(3)
The illustrations of height attached in this subsection shall
not be exceeded so that the public views to the east are adequately
protected.
C.
[3]Minimum open space: 15% of the site area, 10% of which
must be publicly accessible.
[3]
Editor's Note: Former Subsection C, Maximum floor area ratio
(excluding parking), was repealed 6-15-2020 by L.L. No. 7-2020. This
local law also provided for the redesignation of former Subsection
D as Subsection C.
