[Added 4-12-1988 by L.L. No. 2-1988; amended 5-9-1995 by L.L. No. 9-1995; 5-16-1995 by L.L. No. 11-1995; 11-21-1996 by L.L. No. 11-1996; 6-3-1997 by L.L. No. 2-1997; 11-18-1997 by L.L. No. 7-1997; 12-2-1997 by L.L. No. 8-1997; 12-2-1997 by L.L. No. 10-1997; 3-9-1998 by L.L. No. 3-1998; 9-22-1998 by L.L. No. 8-1998]
A.
It is the intent of the RD District to provide performance
criteria in the context of flexible use and design regulations, incorporating
a variety of compatible residential and nonresidential uses which
are planned and developed as a comprehensive development plan.
B.
It is the objective of this district to permit a variety
of riverfront-enhanced uses and to encourage a mix of such uses to
maximize the potential of the site. It is the intent to ensure that
development in this area will be an asset to the Village as a whole.
C.
The RD District shall be divided into two areas, RD-East
and RD-West.
D.
In order to achieve these objectives, performance
criteria are provided to allow for flexibility for the developer to
create a development plan without regard to unnecessarily rigid lot
and bulk regulations.
E.
Among the objectives which should be achieved by development in this zone are the following. (Specific design goals and objectives are established in § 210-67.10.)
(1)
A development pattern that is in harmony with
the Village and is a natural extension of the existing Village.
(2)
A creative use of land so as to establish a
more desirable living environment than would be possible through the
strict application of other sections of this chapter.
(3)
The preservation of outstanding natural features,
significant geological and historical features and other features
of scenic and ecological value and the prevention of soil erosion
and the minimization of flood hazard and the preservation of major
stands of trees.
(4)
Innovation, flexibility and variety in the type,
design and layout of residential housing so as to permit a variety
in the choice of housing type, living environment, occupancy, tenure
and housing cost.
(5)
The maximum provision of community, recreational
and other facilities, such as open space, as integral parts of the
community as a whole.
B.
The following uses shall be permitted by right in
the RD-West District:
(1)
Fishing equipment and marine-related supply
stores.
(2)
Household appliances and electronic equipment
stores (not requiring delivery from the facility).
(3)
Establishments for the sale of musical instruments,
sheet music, manuscripts, records and audio tapes.
(4)
Retail dry-cleaning establishments (no cleaning
to be done on premises).
(5)
Coin-operated laundry facilities.
(6)
Beauty parlors and barbershops.
(7)
Banks and financial institutions.
(8)
Florist and garden shops.
(9)
Professional and business offices.
(10)
Pharmacies.
(11)
Stationery stores.
(12)
Clothing and apparel stores.
(13)
Bookstores.
(14)
Hardware and garden supply stores.
(15)
Establishments for the sale of wine and liquor.
(16)
Travel and insurance agencies.
(17)
Jewelry, novelty and handicrafts stores.
(18)
Art and antique stores.
(19)
Parks and playgrounds.
The following uses shall be permitted by special
permit in the RD-East District: none.
A.
The following uses shall be permitted in the RD-West District by a special permit issued by the Board of Trustees and shall be subject to the provisions of Article XIII:
(1)
Multifamily dwelling units above commercial
uses.
(2)
Automotive supplies (no gasoline, tires or repair
services).
(3)
Auctions of any kind.
(4)
Boat and marine sales, rental, repairs and services.
(5)
Home-furnishing stores.
(6)
Establishments for the sale of food and beverages,
including catering establishments and restaurants (not including supermarkets
or fast-food establishments).
(7)
Luncheonettes (not including fast-food establishments).
(8)
Government offices and public buildings.
B.
No uses either by right or by special permit shall
be permitted above the first floor except residential dwellings.
A.
The following uses shall be permitted accessory uses
in the RD-East and RD-West Districts:
(1)
Tennis courts.
(2)
Indoor swimming pools.
(3)
Recreational and exercise facilities, including
locker rooms, shower facilities, cabanas and similar facilities.
(4)
Accessory interior or exterior parking, including
driveways and garages. Notwithstanding the foregoing, no garages or
multilevel parking structures shall be permitted in the RD-West District
except as accessory to the five residential uses in the approved townhouses
in the RD-West District.
(5)
Accessory signs, pursuant to Village requirements.
(6)
Servicing of goods accessory to uses permitted
in the district shall be in a completely enclosed building.
(7)
Temporary sales offices and temporary structures
used in connection with construction.
(8)
Accessory kitchen and food preparation facilities
for food-service establishments.
(9)
Greenhouses, decks, terraces and boardwalks.
(10)
Gazebos.
(11)
Accessory meeting rooms.
(12)
Accessory laundry facilities for dwelling units.
(13)
Accessory storage and parking in buildings existing
as of the date of enactment of this chapter.
(14)
Public and private plazas, landscaped areas
and courtyards.
The following accessory uses shall be permitted in the RD District by a special permit issued by the Board of Trustees and shall be subject to the provisions of Article XIII:
The following bulk requirements shall apply
to all permitted uses and uses permitted by special permit in the
entire RD District (East and West):
A.
The maximum permitted density of residential uses
in the RD District (for overall site) is 317 units (263 in RD-East
and 54 in RD-West).
B.
The maximum coverage of all buildings shall not exceed
30%.
C.
The maximum development coverage shall not exceed
60%. "Development coverage" is the percentage of the area of a lot
covered by buildings, parking areas and any impervious surfaces.
D.
The minimum setback of all structures from the nearest
property line shall be 35 feet. The Board of Trustees may modify this
setback requirement, recognizing the unique design aspects of a development,
provided that the modifications are not injurious to adjacent properties.
E.
The maximum building height shall not exceed three
stories or 35 feet. In the case of the adaptive reuse of historic
buildings or structures erected prior to 1930, this limit may be increased
by the Board of Trustees to a building height of 64 feet, provided
that the volume of such building or structure has been reduced by
at least 20% and given that some or all of the amenities listed below
are provided:
F.
Maximum floor area. The maximum floor area for retail,
service and commercial uses in the RD District shall not exceed 55,000
square feet. The maximum floor area for service uses in the RD District
shall not exceed 12,000 square feet.
A.
B.
Partial waiver of parking requirement. Where the Board
of Trustees determines, in connection with its review of a site development
plan for the RD District, that less than the required number of parking
spaces will satisfy the intent of this chapter because of variations
in the probable time of maximum use by joint users, use of attendant
parking or for any other reasons, the Board may waive all or a portion
of the improvement, but not more than 1/3 of the total number of required
parking spaces normally required. In all cases, it is the applicant's
responsibility to demonstrate that a variation from the requirements
is justified for the reasons stated above.
The following additional use requirements shall
apply in the RD District (East and West):
A.
No single retail space shall occupy more than 8,000
square feet of space.
B.
The basement space of all buildings may only be devoted
to accessory uses.
C.
All structures shall be located at least 50 feet from
the center line of Ferry Road.
D.
No lighting or spotlighting shall be permitted which
shall project light rays or glare beyond the lot line of the subject
lot. All exterior illumination shall be so installed as to reflect
light away from adjoining streets or residential properties so as
to prevent any nuisance.
E.
No illumination of any kind shall be permitted for
all outdoor recreational facilities.
F.
All entrances to the site shall be located where approved
by the Board of Trustees and shall be located as to give consideration
to the distances from any residential district boundary and the uses
existing or permitted in such residential district.
G.
Tennis courts. No tennis courts shall be located,
constructed or maintained on any lot or land area, except in conformity
with the following requirements:
All development plans should address the following
design goals and objectives. These goals and objectives shall be considered
by the Board of Trustees in addition to the specific requirements
of this chapter.
A.
The amount of commercial development will enhance
and not overwhelm existing businesses in the Village.
B.
Views to and from the Hudson River shall be maintained
or enhanced.
C.
Physical and visual connection between the development
and the existing Village should be demonstrated.
D.
Public access to the Hudson River shall be provided
and enhanced by the development.
E.
Open space shall be created that is a benefit to the
residents of the development and the entire Village.
F.
Buildings should be modest in scale and should be
in harmony with the existing design and architecture of the Village.
G.
A variety of dwelling types should be provided, including
the provision of housing that will meet the need of Piermont residents.
H.
Parking areas should be designed so that large parking
fields will not occur.
I.
Visual privacy shall be assured to residents of the
development and Village residents through the proper design of principal
and accessory structures. Proper screening through the use of vegetation
and or fencing shall be provided.
A.
All portions of improved properties which are not
used for buildings, structures, off-street parking and loading, permitted
outdoor storage, sidewalks or similar purposes shall be appropriately
landscaped with grass, shrubs, trees and other ground cover in such
manner as to minimize erosion and stormwater runoff and harmoniously
blend such with the character of the Village.
B.
Landscape strips with a minimum width of 10 feet shall be provided along all property lines, except as required in § 210-67.7D of this chapter. Such landscape strips shall comply with the following minimum standards, as well as all applicable requirements set forth in this chapter:
(1)
The landscape strips shall include evergreen
planting and other landscaping of such type, height, spacing and arrangement
as, in the judgment of the Board of Trustees, will effectively screen
the activity of the property from the neighboring uses.
(2)
Unless specifically required elsewhere in this
chapter, a wall or fence of location, height, design and materials
approved by the Planning Board may be substituted for part or all
of the required landscape strips.
(3)
Where the existing topography and/or existing
landscaping provides adequate screening, the Board of Trustees may
waive or modify the planting and/or landscape requirements of this
chapter.
C.
The selection, amount and location of all landscaping
materials shall be subject to approval by the Board of Trustees, based
upon the considerations of the adequacy of the proposed landscaping
to serve its intended purpose with minimal maintenance problems, including
plant care, snowplowing and leaf removal.
D.
The placement of landscaping shall create no obstruction
to driver vision at critical traffic intersection areas.
E.
Maintenance. All fences, trees, plantings, shrubbery
or other screening facilities required by direction of the Board of
Trustees, Planning Board, Architectural Review Commission or by the
Zoning Board of Appeals shall be maintained or replaced at all times
at least to the same quality required of said items at the time they
were initially installed.
Where common property exists, the ownership,
maintenance and preservation of such property shall be permanently
assured to the satisfaction of the Board of Trustees.
A.
No building permit or certificate of occupancy shall be issued in the RD District except in accordance with a site development plan approved by the Board of Trustees. The Board of Trustees shall have exclusive jurisdiction with respect to site development plan review, which shall be in addition to the requirements of this article and shall also comply with the provisions of Article XIV of this chapter.
B.
Before taking final action on a site development plan,
the Board of Trustees shall refer the preliminary site development
plan to the Planning Board and the Architectural Review Commission
for their reports and recommendations with respect to the final form
of this site development plan. Said recommendations shall be made
to the Board of Trustees within 45 days of the referral date. In their
receptive reports, the Planning Board and Architectural Review Commission
shall consider:
C.
During the review process by the Board of Trustees
and prior to final site development plan approval, the Board of Trustees,
in its discretion, may authorize the Building Inspector to issue building
permits to the applicant with respect to those items of the proposed
development which have been approved.
D.
The permits which may be authorized shall include but not be limited to construction of foundation systems, structural systems and primary infrastructure. Nothing herein contained, however, shall authorize the issuance of a building permit with respect to items in Subsection B(1), (2) and (3) prior to the receipt of the reports and recommendations of the Planning Board and the Architectural Review Commission or the expiration of the forty-five-day referral period.
