Hyde Park City Zoning Code
§ 108-4.5
Site development standards.
[Amended 8-24-2009 by L.L. No. 2-2009; 3-9-2015 by L.L. No. 2-2015; 11-28-2016 by L.L. No. 10-2016; 9-18-2017 by L.L. No. 2-2017; 10-5-2020 by L.L. No. 1-2020; 11-10-2025 by L.L. No. 4-2025]
All development that requires site plan approval shall also be subject to the following site development standards. Site development standards are mandatory rules, subject to modification by the Planning Board and, in the case of a PUD, by the Town Board. In determining whether to modify a standard for a proposed project, the reviewing board may take into consideration the following: (1) the practical difficulties of applying the standard to the particular project; (2) the potential adverse impact on surrounding properties and the neighborhood of applying or not applying the standard to the proposed project; and (3) the feasibility of alternate means or measures to attain the same goal as the standard. When an applicant objects to the application of a standard to his or her project and the reviewing board requires compliance, in its resolution of approval or disapproval the reviewing board shall state its findings and the reasons for its decision with reference to the considerations set forth above.
A.
Parking standards.
(1)
Except as provided herein, no off-street parking or loading area shall be constructed or provided until a site plan describing such parking and loading improvements has been approved.
(2)
No certificate of occupancy shall be issued for any use until the required off-street parking has been established in conformance with this chapter.
(3)
On-street parking, where encouraged in Article 5, may be considered as satisfying any required off-street parking only where it can be demonstrated that the on-street parking is underutilized. On-street parking shall require the approval of the state, county or Town agency having jurisdiction over the subject street. See also § 96-6C(2)(d) and (e).
(4)
Off-street parking and scale. The total square footage of parking stalls required for a building shall be included in the calculation of scale, but the remaining area of the parking lot shall be excluded.
B.
Required off-street parking.
(1)
The Planning Board shall determine reasonable and appropriate off-street parking requirements, taking into consideration all factors entering into the parking needs of each case as part of its site plan and review.
Common Number of Spaces for Off-Street Parking | ||
|---|---|---|
Use | Number of Spaces | |
Bowling alley | 4 spaces per bowling lane | |
Public amusement without seating | 1 space per 50 square feet floor space | |
Church | 1 space per 5 pew seats | |
Theater, auditorium, athletic field | 1 space per 5 seats | |
Place of public assembly | 1 space per 5 seats or 50 square feet | |
Funeral parlor | 1 space per 4 seats; 1 space per employee | |
Gas station | At least 4 spaces | |
Hospital | 1 space per 3 beds; 2 spaces per 3 employees | |
Medical office, professional | 3 spaces per doctor; 1 space per employee | |
Motel | 1 space per unit; 2 spaces per 3 employees | |
Motor vehicle repairs | At least 10 spaces; 2 spaces per 3 employees | |
Multifamily dwelling | 2 spaces per dwelling unit | |
Business or professional offices | 1 space per 200 square feet net rentable area | |
One- and two-family residences | 2 spaces per dwelling unit | |
Restaurant, winery or food/beverage manufacturing or dispensing facility | 1 space per 50 square feet for patron use; 2 spaces per 3 employees | |
Retail or service business | 1 space per 300 square feet floor area; 2 spaces per 3 employees | |
Bed-and-breakfast | 1 space per guest room; 1 space per dwelling unit | |
Wholesale, storage, utility | 1 space per 1,000 gross square feet floor area; 2 spaces per 3 employees | |
Rural event venue | 1 space per 2 attendees | |
Community residence | 1 space per employee for the largest shift, plus 1 visitor space per 3 beds, in addition to the requirements for a one-family residence | |
Extended care facility | 0.5 space per unit/bed, plus 1 space per employee for the largest shift, plus 1 visitor space per 4 units/beds | |
(2)
Off-street parking may be fully enclosed, partially enclosed or unenclosed.
(a)
All off-street parking shall be located to the rear of the front building line of the building it serves.
(b)
No improvement that is a part of any off-street parking facility shall be located closer than five feet to any lot line, exclusive of any driveway providing access for such facility.
(c)
No off-street parking shall be located within any required open space.
(d)
Parking shall not dominate any site when viewed from the street providing frontage for such site. Large uninterrupted areas of parking stalls that significantly reduce the continuity or quality of natural open space shall not be permitted. Off-street parking shall be developed as a network of small (less than 12,000 square feet), well-distributed and clustered areas surrounded by landscaping, interconnected by driveways and walkways.
(e)
The total impervious surface provided for all parking stalls and aisles shall not exceed the product of 350 square feet times the number of stalls provided.
(f)
No parking space or stall shall be less than nine feet in width.
(g)
(h)
All off-street parking shall be graded and maintained to avoid nuisances of dust, erosion or excessive stormwater flow onto or across walkways, streets or adjacent lands.
(i)
All off-street parking for more than five vehicles shall be marked in accordance with generally accepted standards or applicable regulations to identify individual parking stalls, maneuvering aisles, pedestrian crossings, handicap spaces, entrances, exits, vehicle movement and fire lanes.
(j)
Any off-street parking for 17 or more vehicles shall provide curbed planting islands or beds within the parking area equal in total area to 15% of the total square footage of all stalls and aisles.
C.
Access standards.
(1)
Vehicle access and circulation.
(a)
Curb cuts shall be consolidated in order to provide clearly defined entrances and reduce conflicting vehicular movement.
(b)
All uses shall utilize the existing streets except as provided in Subsection C(1)(b)[1] and [2] below.
(c)
Driveways, when provided, shall comply with the following:
[1]
The minimum distance between the center-line intersection of any two streets and the intersection of a driveway center line and one of said street center lines shall be no less than 60 feet.
[2]
All driveway entrances to streets shall be constructed in compliance with the applicable regulations of the state, county or local agency having jurisdiction over such street.
[3]
In any Core or Business District, wherever a driveway or alley crosses a walkway, special paving accents or textures shall be provided to delineate the walkway.
(d)
Sight triangle. To assure motorists have a clear line of sight at intersections, the Planning Board shall refer to guidance in Guidelines for Driveway Design and Location, by the Institute of Transportation Engineers, and Policies and Standards for Entrances to State Highways, published by the New York State Department of Transportation. In general, except for existing trees having all branches within six feet of the ground removed, no structure or planting more than three feet in height, as measured from the street surface at the nearest edge of the street, shall be erected, placed or maintained within the triangular area formed by:
[1]
For streets, the intersecting center lines of the streets and a line through two points, each of which is 50 feet distant from such intersection along said center line.
[2]
For alleys or driveways, the intersecting center lines of the alley or driveway and the street and a line through two points, each of which is 30 feet distant from such intersection along said center line.
(e)
All streets shall be separated physically from walkways by a curb, vegetated strip or other physical separation. Streets and off-street parking facilities may not be used to satisfy any requirement for pedestrian circulation.
(f)
Fire lanes providing access for emergency vehicles shall be established, identified and maintained free from obstruction in full compliance with the requirements of Chapter 104 of this Code.
(g)
In order to minimize the number of entrances and exits on Routes 9 and 9G, within any Neighborhood, Hamlet, Business District or Core, owners of lots having frontage on U.S. Route 9 or Route 9G shall cooperatively develop inter-lot connections between parking lots, driveways and alleys as part of any new development.
(2)
Bicycle paths. When indicated on the official map, if such exists, or when existing bicycle paths have been developed to or along a lot for which a new use is proposed, such proposal shall include a bicycle path across said lot which shall be separated from the walkways and streets and shall have a minimum of crossings therewith.
(3)
Pedestrian access and circulation.
(a)
Pedestrian access shall be provided and maintained to all uses on the lot from the street.
(b)
A walkway shall be provided to and between each use on a lot.
(c)
Walkways may consist of any combination of walks, paths, terraces, patios and similar elements interconnected so as to provide access to all buildings and off-street parking.
(d)
In all Hamlet, Hamlet Core, Crossroads Core, Town Core, Landing, Neighborhood Core, East Park Business, Corridor Business and Neighborhood Business Districts, the development of any lot shall provide a walkway utilizing sidewalks or an equivalent acceptable to the Planning Board along the full frontage of said lot to connect adjacent lots and to enhance and provide definition to the street providing frontage for the lot.
[1]
All sidewalks shall be constructed of concrete, brick, stone, tile, rubber or similar material or combination of materials that exhibit a modular size and pattern and general tendency not be become slippery when wet. Blacktop or asphalt concrete shall be discouraged for sidewalks, unless it is used as a landscape design element.
[2]
All sidewalks shall be designed to be consistent with the Americans with Disabilities Act Accessibility Guidelines, as well as standards of the highway agency if sidewalks are to be located within the right-of-way.
(e)
The Planning Board, in its report on any PUD, shall recommend the walkways, if any, to be included in such proposed development based on the following considerations:
D.
Screening standards.
(1)
Required locations.
(a)
Screening shall be provided to minimize the view of any off-street parking or storage of motor vehicles not located to the rear of the front building line.
(b)
Screening shall be provided to minimize the view of accessory storage described in § 108-4.3(B)(3).
(c)
Screening shall be provided around any potentially dangerous or hazardous use. Such screening shall also minimize entry by any unauthorized persons.
(d)
Screening shall be provided to minimize the view of any off-street loading dock from any point along a property line common to any residential use or from any street.
(e)
Screening shall be provided to minimize the view of any nonresidential use from any point along a property line common to any residential use, unless the nonresidential uses reasonably blend in with the adjoining residential uses.
(2)
Materials. Screening shall be accomplished using the following materials:
(a)
Existing natural plant growth.
(b)
An existing combination of topography and natural plant growth.
(c)
New landscaping materials.
(d)
A stone or brick wall no more than six feet in height as measured from the adjoining finish grade.
(e)
A fence which blends into the site and its surroundings. See § 108-4.4A(1).
[1]
Chain-link fencing may be used where necessary for security purposes, but shall be provided with interwoven or applied material which obscures vision and shall be finished in an earth tone or black color.
[2]
Except for agricultural uses, no barbed wire, razor wire, electrically charged wire or similar material that will cause harm to any person or animal shall be installed for the purposes of security, unless the applicant makes a clear demonstration of need.
(f)
A vegetated berm.
(3)
Specifications. The Planning Board, in its review of each application, applying the above standards and the Greenway Connections, shall determine the degree of opacity and the height of the screening. In each case, the final design shall provide screening of sufficient height and opacity to minimize the view.
E.
Landscaping standards. Landscaping shall define and shape exterior spaces and shall also be used to assist in the direction of pedestrian or vehicular movement, and contribute to the overall aesthetic quality of the site and its environs. A landscape plan shall be prepared by a landscape design professional, architect, engineer or nurseryman. Landscaping shall be required for, among other areas, corridor walkways, parking islands and beds, and screening.
(1)
Specifications.
(a)
Off-street parking.
[1]
Any planting bed shall contain at least one tree and such other plant materials as are recommended by a landscape design professional, architect, engineer or nurseryman for such location.
[2]
Any planting island shall contain sufficient trees, shrubs and other plant materials as are recommended by a landscape design professional, architect, engineer or nurseryman for purposes of establishing vertical interruption and definition to vehicular movement.
[3]
Any required street separation shall include trees, shrubs, ground cover and grass as appropriate to minimize impervious materials and to provide definition for any walkway contained therein.
(b)
Transportation corridors. All new trees shall be spaced according to the height and spread at maturity for each species. This information may be obtained from the Preferred Species List prepared by the Hyde Park Shade Tree Commission, a copy of which is available for inspection and review at the office of the Zoning Administrator.
[1]
Street trees shall be located within the right-of-way of the street providing frontage for the subject lot, and in accordance with any applicable design guidelines that may apply to a zoning district, unless permission cannot be obtained from the agency with jurisdiction over the street to locate trees in the right-of-way. In that case, street trees shall be located on the subject lot adjacent to the right-of-way, in locations to be determined by the Planning Board.
[2]
Within any Core or Business District, and as required by the Planning Board, vegetative buffers and/or trees shall be provided within the walkway that is part of the street providing frontage for any lot developed under the provisions of this chapter.
[3]
The development of any use that increases the area occupied by buildings and impervious surfaces by more than 1,500 square feet shall provide trees along the entire frontage of the applicable lot as specified above. Existing, healthy trees meeting these guidelines for placement may be included.
[4]
In no event shall trees be planted in the Town, county or state road right-of-way without permission of the state or local authority with jurisdiction over the right-of-way.
(c)
Site furnishings such as benches, tables and chairs, fountains, sculpture, trash receptacles, planters, etc. shall be provided in defined public spaces.
(2)
Plant materials. All plants shall be natural and shall be maintained in a vigorous growing condition as a requirement of site plan or special use permit approval. Any plant not so maintained shall be replaced with a new plant no later than the beginning of the next growing season. Care shall be taken in the selection and planting of trees so that their roots do not disturb the sidewalk.
(3)
Protection. All shrubs and trees shall be protected from potential damage inflicted by vehicles using off-street parking, driveways or other streets by means of a raised curb placed at the edge of the pavement or some other means deemed equally appropriate for this purpose by a landscape design professional, architect, engineer or nurseryman.
(a)
The base of any new tree or shrub shall be maintained free from impervious materials that would impede the growth or otherwise impair the health of such plant.
(b)
No new tree shall be located closer than 10 feet to any fire hydrant nor closer than three feet to any curb, as measured from the trunk center line of such tree.
F.
Open space standards.
(1)
Open spaces disturbed by construction shall be restored with appropriate landscaping after construction is completed in accordance with a schedule previously agreed to by the Planning Board. In addition to the definition of open space in § 108-2, the following specific standards shall apply:
(2)
Open space, where required, shall be contiguous and connect to open space on adjacent lots.
G.
Architectural features standards. Any documentation describing the architectural features, location and dimensions of buildings shall be prepared by an architect or engineer, including documentation describing new buildings, additions or alterations to existing buildings, and all physical improvements accessory to or necessary for such buildings.
(1)
Architectural features are regulated by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, the following standards shall apply:
(a)
Form. Within any Core, Business District or Historic Overlay District, no alteration shall significantly alter, remove or destroy the proportion or detail of any original facade. The proportion and detail of any existing facade shall be maintained when it represents a reasonably accurate example of traditional architecture. The practice of removing or "boxing" period ornamentation with contemporary siding materials shall be discouraged; constructing porches, stoops and verandahs consistent with the existing facade shall be considered appropriate alterations.
(b)
Materials. Additions to existing buildings shall use materials and details complementary with those incorporated in the parent structure. Asphalt siding, metal panel siding and exposed concrete shall be avoided on building facades in Cores, the Bellefield Planned Development District and Landings.
(c)
Fenestration. New buildings shall articulate each opening in a manner consistent with its location, importance, and purpose. Fenestration shall be of a shape and proportion that is consistent with these guidelines and that of buildings fronting on the same corridor and serving similar purposes.
[1]
The primary entrances to any building shall be oriented to the lot frontage. Secondary entrances shall be oriented to parking, plazas or parks.
[2]
New buildings, or additions to existing buildings, shall reflect any discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.
[3]
Constructing any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located shall be avoided.
[4]
Using ribbon or continuous strip glazing in any building facade shall be avoided.
(d)
Roof shape. New buildings shall have a roof shape consistent in proportion, form and character to those encouraged in the Greenway Connections (See Guide B3).
[1]
Flat roofs are inconsistent with the traditional building character of the Town and are not permitted except when allowed by the approval of the Planning Board within the Town Core Zoning District, in accordance with the Town Core Design and Development Standards.[1]
[1]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
[2]
Low-slope roofs utilizing parapets, cornices and false fronts are encouraged within any Landing, Hamlet Core or Business District.
(e)
Large building design, where the building has a facade longer than 100 feet, shall present the appearance of a grouping of two or more small, well-proportioned buildings incorporating ells, wings, verandahs, porticos, courtyards and similar elements as unifying features.
(2)
Building location is restricted by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, building heights and architectural and landscaping features shall establish or retain the spatial definition of all corridors.
(3)
Building dimension is restricted by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, the following guidelines shall apply:
(a)
Any large building facade and the sides visible from the transportation corridor shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(b)
The height of any new building shall be within one full story of the existing buildings on adjacent lots, except that the Planning Board may allow an alternative building height within the CC and TC Districts so as to be consistent with the design standards applicable to these districts.
(c)
Transition line. The facade of any building located in a Core or Business District shall incorporate a transition line at an elevation that is no more than 15 feet above the walkway along the frontage of the subject lot.
H.
Protection standards. For the purposes of protecting adjacent land uses and the environment, certain physical features or improvements shall be required.
(1)
Lighting. No artificial illumination device shall be erected, constructed or otherwise installed except in accordance with the following:
(a)
No such device shall spill light beyond the boundaries of the lot upon which it is located to the extent that it would disturb a reasonably sensitive individual on the adjacent lot, and provided that there is no spillage into any street, thereby becoming a potential traffic hazard, provided that light spillage may be permitted, upon review and approval of the Planning Board, where the light spillage is intended to light adjoining sidewalks for safety purposes.
(b)
All such devices shall direct light downward. Upward illumination is permitted for flags, provided there is no spillage to adjacent residential properties to the extent that it would disturb a reasonably sensitive individual on the adjacent lot, and provided there is no spillage into any street, thereby becoming a potential traffic hazard.
(c)
The maximum height of any freestanding illuminating device shall be 16 feet as measured from the finish grade at the base of the supporting structure to the point of the light source on the device.
(d)
Any illuminating device located within, along or immediately adjacent to any walkway shall be restricted to a maximum height of 12 feet as measured from the finish grade directly below such device to the point of the light source on such device.
(e)
No illuminating device shall consist of any flashing, blinking or moving light source.
(f)
Any device used to illuminate and display any building, structure, landscape, sign or the like, that incorporates a lamp greater than 25 watts, shall have such lamp or bulb screened from direct view by the general public.
(g)
The Lighting Guidelines of the Greenway Connections shall be followed in designing and approving lighting for new buildings, structures and uses.
(2)
Historic site. Any use within 50 feet of any place located on the State or National Register of Historic Places shall minimize any adverse impacts on the historic character of such place.
(3)
Nonresidential uses. To minimize any adverse impact of such a use on the adjacent property:
(a)
Any new or expanded nonresidential use in a Business District or Core, which is located on a lot having a property line in common with the boundary of the Greenbelt, Waterfront, Hamlet or Neighborhood District, shall provide adequate screening and open space buffers.
(b)
Any new or expanded nonresidential use located within the boundary of the Greenbelt, Waterfront, Hamlet or Neighborhood District shall provide adequate screening and open space buffers.
I.
Infrastructure standards. For the purposes of ensuring adequate provision of electric, water, sewer and stormwater infrastructure for existing and future developments, the following regulations are established:
(1)
Water. Central or municipal water systems meeting the applicable standards of the Dutchess County Department of Health, the New York State Department of Health, and the New York State Department of Environmental Conservation shall be provided for any subdivision of 50 or more lots.
(2)
Sanitary sewers. Central or municipal sewer systems meeting the applicable standards of the Dutchess County Department of Health, the New York State Department of Health, and the New York State Department of Environmental Conservation shall be provided for any subdivision of 50 or more lots.
(3)
Storm sewers. Stormwater sewers, when provided, shall be separate from sanitary sewer systems. Stormwater sewer systems shall be provided, in accordance with Chapter 93, for any development that meets the jurisdictional threshold for the DEC Phase II Stormwater Regulations, or where a stormwater collection system exists within the street providing frontage for the subject lot, or where indicated on the official map, if such exists. When catch basins are installed for new projects, the drain grate must have molded into the metal of the grate the words, "NO DUMPING — DRAINS TO WATERWAY."
(4)
Extensions of water and sanitary sewer systems. Water and sanitary sewer systems shall be extensions of existing systems whenever possible, where the capacity is available and where such connection is permitted and approved by the district to which the connection is to be made.
(5)
New water and sanitary sewer systems. Where new water and sanitary sewer systems are required in Neighborhood and Hamlet (including their Cores), Business, and Landing Districts, they shall be designed and constructed to accommodate expansion. The owner of any such new water or sanitary sewer system shall connect such system to a municipal service when such service becomes available within 500 feet of any lot served by such system as measured along a street providing frontage for such lot, where the capacity is available and such connection is permitted and approved by the district to which the connection is to be made.
(6)
Power and communications. In Neighborhoods and Hamlets and in their respective Cores, in Landings and Business Districts, in new major subdivisions in the Greenbelt and Waterfront districts, in the Bellefield Planned Development District, and in all PUDs, all electric service, telephone, cable TV and similar communications lines shall be installed below grade in the construction of any building or structure on an undeveloped lot. Redevelopment of existing properties or roads shall include the installation of all such services underground at the time the improvements or upgrades are made to the property or the particular service.
J.
Assembly area. An assembly area, where required, shall be designed for the purpose and use of the specific population it supports. If such area is not accessible to public use, it may not be counted in satisfaction of the obligation to provide recreation land or recreation fees pursuant to Article 36. Any proposed construction of 16 or more dwelling units at a density of four dwelling units per acre or greater shall provide no less than one defined assembly area at least 1,100 square feet in area.
(1)
The minimum area for an assembly area shall be increased by 60 square feet for each dwelling unit over 20, but no single gathering place shall be greater than 3,000 square feet in area.
(2)
Such assembly areas shall be designed and constructed for passive gathering and enjoyment other than for active athletics or sports.
(3)
Such assembly areas shall not include any portion of a required yard.
(4)
Construction of a structure is not necessarily required in a public assembly area.
(5)
The Planning Board shall use, as a guide, the recommendations of the Comprehensive Plan and the 2013 Hyde Park Town Center Pedestrian Study when considering the appropriate location for an assembly area. On any corner lot, the Planning Board may allow and require that the assembly area be located within the required front yard or yards, closest to said intersection.
K.
Visual standards. The Planning Board shall consider the following standards for visual impacts as they support the applicable standards contained in Article 5:
(1)
Scenic views of and from the Hudson River, particularly those identified in §§ 108-4.6 and 108-4.7, shall be given consideration.
(a)
Significant disruption or removal of any healthy existing tree canopy or understory composition that creates new vistas or damages the definition of an existing vista shall be discouraged.
(b)
Any new vista created shall be carefully reviewed for its focus point both on and from the Hudson River.
(c)
Any expansion of an existing vista shall be carefully considered.
(2)
Views of and from the historic sites and places identified in § 108-4.6 shall be carefully reviewed to ensure that the quality and focus of the vistas are enhanced, not diminished.
(a)
Views from such sites or places shall be terminated with a landscaping screen along the opposite side of the property of sufficient height and density to screen the view of any parking area, building or use that abuts the historic site.
(b)
The protected views from such site or place that are not of the Hudson River shall not be construed to extend beyond the opposing corridor.
(3)
Street design shall preserve and enhance the existing trees that define the corridor character.
(4)
Stone walls, where they are present along existing rights-of-way, shall be repaired and maintained.
(5)
Gateways shall be considered as defining points within the Town. Any development within or adjacent to these areas shall be carefully reviewed to ensure that the visual setting of any gateway is not diminished.
(6)
Public spaces shall be integrated with, or strongly related to, corridors. The design and construction of public spaces shall be carefully reviewed to ensure that these relationships are retained, reinforced and enhanced.