[Amended 6-4-2012 by L.L. No. 1-2012]
A. Permitted uses. Unless otherwise specified in this chapter, the uses
permitted in the Gateway District areas shall be the same as those
permitted in the underlying zoning district.
B. Special permit uses. The uses permitted in the Gateway District areas
by special permit shall be the following:
(1)
Unless otherwise specified in this chapter, all special permit
uses permitted in the underlying zoning district (subject to the underlying
districts' requirements and criteria) shall be permitted in the Gateway
District areas by special permit of the Village Board of Trustees.
(2)
Farmers markets, green markets or garden centers by special permit of the Village Board of Trustees, subject to the requirements and criteria set forth in Article
X of this chapter.
(3)
In the Harmon/South Riverside Gateway District area, mixed-use or multifamily residential buildings, by special permit of the Village Board of Trustees, subject to the following requirements and criteria and to the requirements/criteria contained in Article
X of this chapter:
[Amended 11-1-2022 by L.L. No. 13-2022]
(a)
Notwithstanding any other provision of this chapter to the contrary, for the purposes of this Article
IVA, "mixed use" shall mean a combination in one building of residential dwelling units and other permitted and/or special permit uses; provided, however:
[1] At least 50% of the area of the first floor of
any mixed-use building must be used for nonresidential use. Residential
uses may not be located in the portion of a building's first floor
which is immediately inside the building's front facade, it being
the intention of this chapter that first-floor front building facades,
and the building areas immediately inside first-floor front building
facades, will be used for nonresidential purposes. It is the further
intention of this law that any first-floor residential space will
be located "behind" first-floor nonresidential space as viewed from
the street/sidewalk adjacent to the building front. For the purpose
of this subsection, buildings located on street corners shall be deemed
to have building fronts on each of the intersecting streets which
form the street corner.
[2] There shall be no percentage restrictions on the
amount of residential versus nonresidential space on the second or
third floor of a mixed-use building.
[3] Residential dwelling units may be studios, one-bedroom
units and two-bedroom units only. No more than 50% of the total number
of dwelling units in a building may be two-bedroom units.
(b)
Notwithstanding any provisions of §
230-20.4 or any other provisions of this chapter to the contrary, the following area and bulk regulations shall apply to mixed-use or multifamily residential buildings in the Harmon/South Riverside Gateway area. To the extent that contrary area/bulk regulations are not specified in this subsection, they shall be as otherwise provided in this Code:
[1] Maximum floor area ratio (FAR) shall be 0.8.
[2] Maximum height shall be 35 feet/three stories.
[3] The minimum front yard setback shall be 15 feet.
The maximum front yard setback shall be 20 feet. In accordance with
the general provisions of this chapter, corner lots shall be deemed
to have front yards on each of the intersecting streets which form
the corner.
[4] The Village Board shall have the authority in conducting
special permit review to reduce or waive side yard setback requirement(s)
of the underlying zone, provided that there is otherwise adequate
access to parking areas, and provided that one or more of the following
criteria are met:
[a] Reducing the setback(s) will facilitate more parking
to be provided in the rear of the building than would otherwise be
the case.
[b] Reducing the setback(s) will facilitate the interconnection
of rear parking lots with those on adjoining property(ies).
[c] Reducing the setback(s) will contribute to the
building forming a more unified, cohesive streetscape with adjoining
buildings than would otherwise be the case.
[5] With the exception described below, preexisting
buildings which do not meet the front yard setback required herein
(15 feet to 20 feet) or any of the other area requirements of this
chapter (e.g., rear yard setback) shall not be permitted to have a
FAR of 0.8 nor to add third-story occupancy. They shall be governed
by the FAR and story limitations of their underlying zone; provided,
however, that preexisting buildings which are otherwise area-compliant,
but whose front yard setback is between 10 feet and 20 feet (instead
of the required 15 feet to 20 feet) shall be permitted to have a FAR
of 0.8 and third-story occupancy.
(c)
Design regulations. In addition to any other design regulations
provided in this Code, the following design guidelines shall apply
to mixed-use buildings in the Harmon/South Riverside Gateway area:
[1] The street level facade of the front of any building
shall consist of at least 60% transparent glass to facilitate visibility
into the building's first-floor commercial premises and a retail streetscape
look. For the purpose of this subsection, buildings located on street
corners shall be deemed to have building fronts on each of the intersecting
streets which form the corner.
[2] Mixed-use buildings in the Harmon/South Riverside
Gateway area shall be subject to such additional design guidelines
as may be adopted by resolution of the Board of Trustees from time
to time.
(d)
Parking.
[1] Notwithstanding any other provision of this Code
to the contrary, for mixed-use and multifamily residential buildings
in the Harmon/South Riverside Gateway area there shall be provided
at least the following amount of parking for each residential dwelling
unit: one parking space plus one additional parking space for each
bedroom in the unit in excess of one bedroom. (Examples: studio apartment:
one space; one-bedroom apartment: one space; two-bedroom apartment:
two spaces.) The minimum parking for nonresidential space shall be
as otherwise required by this chapter. The Village Board of Trustees,
as part of its special permit determination, shall have the authority
to increase these parking requirements. In the case of each application,
the Village Board of Trustees shall consider and make a finding as
to whether the above-stated parking requirements are adequate or will
be increased based upon the following factors:
[a] The mix of uses proposed to be conducted in the
various spaces in the building, considering, among other things, the
extent to which their parking demands are likely to overlap.
[b] Whether the applicant is willing to limit areas
of the building to only certain uses.
[c] The square footage of each of the proposed residential
and commercial units in the building.
[d] The availability of nearby municipal parking.
[e] Such other factors as the Board may deem relevant
on a case-by-case basis.
[2] The Board shall have the authority to require applicant(s)
to provide and/or pay for a professional parking study.
(4)
In the Municipal Place Gateway District area, on any lot in the C-2 District having frontage on Municipal Place, adjacent to a residential zoning district and having less than three acres, attached single-family homes, multifamily residential buildings and mixed occupancy buildings shall be permitted by special permit of the Village Board of Trustees, subject to the following requirements and criteria and to the requirements/criteria contained in Article
X of this Chapter:
[Added 3-2-2020 by L.L. No. 4-2020]
(a) Notwithstanding any other provision of this chapter to the contrary,
"mixed occupancy" permitted under this section shall mean a combination
in one building of residential dwelling units and other permitted
and/or special permit uses; provided, however:
[1] Nonresidential uses must be located on the first floor.
[2] There shall be no restrictions on the amount of nonresidential space
on the first floor.
(b) Notwithstanding any provisions of §
230-20.4 or any other provisions of this chapter to the contrary, the following area and bulk regulations shall apply to a development of attached single-family homes, multifamily residential and mixed occupancy buildings permitted under this section. To the extent that contrary area/bulk regulations are not specified in this subsection, they shall be as otherwise provided in this Code:
[1] Maximum floor area ratio (FAR) shall be 0.5.
[2] Maximum height shall be 35 feet/three stories.
[3] The minimum front yard setback shall be 20 feet. The maximum front
yard setback shall be 25 feet.
[4] On the property located at 41-51 Maple Avenue and known as Sheet
72.12, Block 3, Lot 3, there shall be a minimum fifty-foot setback
from adjacent residential properties on Wells Avenue and Beekman Avenue,
which shall remain vegetated.
[5] The property should have only one curb cut, not located on Municipal
Place, and located as far from the Municipal Place intersection as
practicable.
(c) Open space. Ten percent of the total area of the site shall be used
to create a publicly accessible open space located adjacent to and
connected to Municipal Place; provided, however, that the Village
Board of Trustees shall have the discretion as part of its special
permit review to reduce the area of such open space, provided the
Village Board determines other public benefits have been provided
as part of the development or design of the open space. Design of
the public space shall include at least the following elements, and
shall be evaluated by the Planning Board as part of site plan review:
[1] Paths and benches that connect the site to the street, adjacent sidewalks,
and adjacent crosswalks on Municipal Place.
[2] Design improvements to establish a gateway to the area such as enhanced
lighting, landscaping, and gateway signage.
(d) Parking and traffic.
[1] Notwithstanding any other provision of this Code to the contrary,
for residential or mixed-occupancy buildings permitted under this
section, there shall be provided at least the following amount of
parking for each residential dwelling unit: one parking space for
each studio or one-bedroom unit and two spaces for each unit with
two or more bedrooms. The Village Board of Trustees, as part of its
special permit determination, shall have the authority to increase
these parking requirements. The Village Board of Trustees shall consider
and make a finding as to whether the above-stated parking requirements
are adequate or will be increased based upon the following factors:
[a]
The mix of uses proposed to be conducted in the various spaces
in the building, considering, among other things, the extent to which
their parking demands are likely to overlap.
[b]
Whether the applicant is willing to limit areas of the building
to only certain uses.
[c]
The square footage of each of the proposed residential and commercial
units in the building.
[d]
Such other factors as the Board may deem relevant on a case-by-case
basis.
[2] The Board shall have the authority to require applicant(s) to provide
and/or pay for a professional parking and traffic impact study.
(5)
In the North End Gateway District area on any lot where the underlying zoning is Limited Office O-1 District, multifamily residential buildings and mixed-use buildings shall be permitted by special permit of the Village Board of Trustees, subject to the following requirements and criteria and to the requirements/criteria contained in Article
X of this chapter:
[Added 3-7-2022 by L.L.
No. 3-2022]
(a)
Notwithstanding any other provision of this chapter to the contrary,
for the purposes of this section, "mixed use" shall mean a combination
in one building of residential dwelling units and other permitted
and/or special permit uses, including but not limited to retail stores
and banks, personal service establishments, and business and professional
offices, and showrooms; provided, however:
[1] At least 50% of the area of the first floor of
any mixed-use building must be used for nonresidential use. Residential
uses may not be located in the portion of a building's first floor
which is immediately inside the building's front facade, it being
the intention of this chapter that first-floor front building facades,
and the building areas immediately inside first-floor front building
facades, will be used for nonresidential purposes. It is the further
intention of this subsection that any first-floor residential space
will be located "behind" first-floor nonresidential space as viewed
from the street/sidewalk adjacent to the building front. For the purpose
of this subsection, buildings located on street corners shall be deemed
to have building fronts on each of the intersecting streets which
form the street corner.
[2] There shall be no percentage restrictions on the
amount of residential versus nonresidential space on the second or
third floor of a mixed-use building.
[3] Residential dwelling units may be studios, one-bedroom
units and two-bedroom units only.
(b)
Notwithstanding any provisions of §
230-20.4 or any other provisions of this chapter to the contrary, the following area and bulk regulations shall apply to mixed-use and multifamily residential buildings in the North End Gateway area overlaying the Limited Office O-1 District. To the extent that contrary area/bulk regulations are not specified in this subsection, they shall be as otherwise provided in this Code:
[1] Maximum floor area ratio (FAR) shall be 0.8.
[2] Maximum height shall be 35 feet/three stories.
[3] The Village Board shall have the authority in conducting
special permit review to reduce or waive yard setback requirement(s)
of the underlying zone, provided that there is otherwise adequate
access to parking areas, and provided that one or more of the following
criteria are met:
[a] Reducing the setback(s) will facilitate more parking
to be provided in the rear of the building than would otherwise be
the case.
[b] Reducing the setback(s) will facilitate the interconnection
of rear parking lots with those on adjoining properties.
[c] Reducing the setback(s) will contribute to the
building forming a more unified, cohesive streetscape with existing
or proposed buildings on other properties in the North End Gateway
District than would otherwise be the case.
[4] In accordance with the general provisions of this
chapter, corner lots shall be deemed to have front yards on each of
the intersecting streets which form the corner and the front yard
on a Village street shall be 50 feet.
(c)
In addition to the requirements set forth in §
230-48 or any other provisions of this chapter, at least one affordable affirmatively furthering fair housing (AFFH) unit shall be provided in any mixed-use or multifamily residential building in the North End Gateway area overlaying the Limited Office O-1 District having five to nine units, which unit shall be subject to the requirements of §
230-48.
(d)
Design regulations. In addition to any other design regulations
provided in this Code, the following design guidelines shall apply
to mixed-use and multifamily residential buildings in the North End
Gateway area overlaying the Limited Office O-1 District:
[1] All vehicle access shall be from the state highway,
except that vehicle access for one- and two-family homes may also
be from a Village street.
[2] Mixed-use and multifamily residential buildings
in the North End Gateway District area shall be subject to such additional
design guidelines as may be adopted by resolution of the Board of
Trustees from time to time.
(e)
Parking.
[1] Notwithstanding any other provision of this Code
to the contrary, for mixed-use or multifamily residential buildings
in the North End Gateway District area overlaying the Limited Office
O-1 District there shall be provided at least the following amount
of parking for each residential dwelling unit: one parking space for
each studio or one-bedroom unit and two spaces for each unit with
two or more bedrooms. The minimum parking for nonresidential space
shall be as otherwise required by this chapter. The Village Board
of Trustees, as part of its special permit determination, shall have
the authority to increase or decrease these parking requirements.
In the case of each application, the Village Board of Trustees shall
consider and make a finding as to whether the above-stated parking
requirements are adequate or will be increased or decreased based
upon the following factors:
[a] The mix of uses proposed to be conducted in the
various spaces in the building, considering, among other things, the
extent to which their parking demands are likely to overlap.
[b] Whether the applicant is willing to limit areas
of the building to only certain uses.
[c] The square footage of each of the proposed residential
and commercial units in the building.
[d] The availability of nearby dedicated parking on
other adjacent properties. Any dedicated parking on other adjacent
properties shall be by a filed legal agreement.
[e] Such other factors as the Board may deem relevant
on a case-by-case basis.
[2] The Board shall have the authority to require applicant(s)
to provide and/or pay for a professional parking study.
C. Prohibited uses. Notwithstanding uses otherwise permitted by the
underlying zoning district, the following uses shall be prohibited
in all the Gateway District areas:
(3)
Drive-through windows for commercial establishments.
(4)
Automobile or other vehicle dealerships.
[Amended 6-4-2012 by L.L. No. 1-2012; 3-2-2020 by L.L. No.
4-2020; 3-7-2022 by L.L. No. 3-2022; 11-1-2022 by L.L. No. 13-2022]
A. Maximum allowable floor area ratio. With the exception of mixed-use or multifamily residential development in the Harmon/South Riverside area and multifamily or mixed occupancy development permitted in the Municipal Place Gateway area as permitted in §
230-20.3B(4) above, the maximum floor area ratio (FAR) standards that shall be adhered to for new development shall be the FAR listed for the underlying zone or the following, whichever is more restrictive:
(1)
For single-use properties, that is, a property proposed for
only one principal permitted use: 0.35.
(2)
For multi-use properties, including combinations of retail and
office, retail and residential uses or office and residential: 0.40.
B. Maximum building square footage. With the exception of lots within
the C-2 Zoning District in the Municipal Place Gateway area fronting
on Municipal Place, the maximum permissible square footage for any
single building shall not exceed 20,000 square feet. This requirement
is imposed in order to encourage a compact urban design of the gateway.
C. Maximum permitted square footage for any single commercial use. With
the exception of lots within the C-2 Zoning District in the Municipal
Place Gateway fronting on Municipal Place, the maximum permissible
square footage for any single commercial use by any single occupant
or tenant shall not exceed 8,000 square feet of gross floor area.
D. Maximum height. Maximum height shall be as permitted for the underlying
zone as provided elsewhere in this chapter, except for the following:
(1)
Maximum height for mixed use or multifamily residential development
in the Harmon/South Riverside Gateway area shall be three stories
and 35 feet.
(2)
Maximum height for buildings within the C-2 Zoning District
in the Municipal Place Gateway area on lots fronting on Municipal
Place shall be three stories and 35 feet.
[Amended 6-4-2012 by L.L. No. 1-2012]
Each of the gateway areas should have a special character that should be preserved and enhanced. Accordingly, in addition to the design regulations set forth above in §
230-20.5 of this article, design guidelines have been established in the 2003 Comprehensive Plan for each of the three gateway areas that build upon the individual features of each district.
A. South Riverside/Harmon. New development, landscaping
and streetscaping in the South Riverside/Harmon District shall be
designed to enhance the district’s small-scale character and
to improve connections between the railroad station and the South
Riverside/Harmon shopping area.
(1)
Pedestrian and bicycle networks. To improve
safety and accessibility in the Harmon/South Riverside area, the installation
of sidewalks and bikeways along the south side of Croton Point Avenue
shall be required as practicable. Any new sidewalks shall include
paving treatments that are consistent with the sidewalk design incorporated
in the commercial areas on South Riverside between Benedict Boulevard
and Oneida Avenue.
(2)
Landscaping. Landscaping in the South Riverside/Harmon Gateway District shall conform to the regulations set forth in §
230-20.5C of this article and §
230-52 of the Zoning Code. In addition, street trees and ornamental shrubs shall be planted on the east and west sides of South Riverside Avenue to enhance the appearance of this corridor and create a more attractive entrance to the Village.
(3)
Streetscape. The Planning Board shall require
the use of pedestrian-scale lighting and other streetscape features
similar to those used in the North Riverside and Upper Village commercial
areas, to visually link this district to other commercial areas and
to create a more attractive and accessible pedestrian environment.
(4)
Signage. All signage within the district shall
conform to the signage regulations set forth in the Zoning Code. In
addition, to reinforce the area’s role as a major gateway, the
Planning Board shall encourage the design and placement of a distinctive
gateway feature such as a clock or sculpture near the corner of Croton
Point Avenue and South Riverside Avenue.
B. Municipal Place.
(1)
Pedestrian networks. A network of pedestrian
routes would provide safe and attractive links between the shopping
plazas and other commercial sites, as well as to other major destination
points such as schools, the library and recreation areas. In site
plan applications the following shall be implemented wherever it is
deemed practicable by the Planning Board:
(a)
The installation of sidewalks in the following
locations within the Gateway Districts:
[1]
The west side of Maple Street along the parcel
with the following Tax Map designation: 78.12-3-3.
[2]
The east side of Maple Street from Municipal
Place to Hudson Street.
[3]
The north and south sides of Municipal Place
between South Riverside Avenue and Maple Street.
(b)
The installation of sidewalks within each shopping
plaza. These routes shall link directly to store entrances and to
pedestrian crosswalks, and shall include landscaping, signage and
seating areas that encourage pedestrian activity.
(c)
Any new sidewalks shall include paving treatments
that are consistent with the sidewalk design incorporated in the North
Riverside at Brook Street and Upper Village commercial areas.
(2)
Landscaping. Landscaping in the Municipal Place Gateway District shall conform to the regulations set forth in §
230-20.5C of this article and §
230-52 of the Zoning Code. In addition, landscaped islands, including ornamental trees and shrubs, shall be incorporated as practicable for the plaza parking lots.
(3)
Streetscape. The Planning Board shall require
the use of pedestrian-scale lighting and other streetscape features
similar to those used in the North Riverside at Brook Street or Upper
Village commercial areas, to visually link this district to other
commercial areas and to create a more attractive and accessible pedestrian
environment.
(4)
Signage. All signage within the district shall
conform to the signage regulations set forth in the Zoning Code.
C. North End. New development, landscaping and streetscaping
in the North End Gateway District shall be designed to preserve the
district’s residential and rural feel, connect the district
to the neighborhoods to the south, and provide a more defined entrance
into the Village.
(1)
Pedestrian networks. The installation of sidewalks
along the Route 9 side of Route 9A, approximately from the Village
boundary line to the properties immediately south of Warren Road,
and the installation of sidewalks on Warren Road between Route 9 and
Route 9A shall be incorporated into site plans as practicable. Any
new sidewalks along Route 9A shall include paving treatments that
are consistent with the sidewalk design incorporated in the North
Riverside at Brook Street and Upper Village commercial areas.
(2)
Landscaping. Landscaping in the North End Gateway District shall conform to the regulations set forth in §
230-20.5C of this article and §
230-52 of the Zoning Code. In addition, street trees and ornamental shrubs shall also be planted on the east side of Route 9 and the west side of Route 9A to form a buffer between these roads and the North End gateway properties.
(3)
Stone walls. The use of low stone walls consistent
with existing built walls along property lines to screen parking,
to provide a special identity for this district, and to visually link
the district to similar features south of Warren Road shall be preferred
in considering site plans.
All site plan, change of use and special permit applications within a Gateway Overlay District shall provide a design guidelines compliance chart or drawing, which shall show how the application conforms to the gateway improvement plans set forth in the 2003 Comprehensive Plan and described in §
230-20.6 of this article. The Planning Board shall use such compliance chart or drawing in its review of the application. The applicant shall indicate to the Planning Board reasons for any noncompliance with the gateway improvement plans.