Hyde Park City Zoning Code
§ 108-5.11.1
Crossroads Core District standards.
[Added 3-9-2015 by L.L. No. 2-2015]
Objective. It is an objective of the Town of Hyde Park, as set forth in the Town Comprehensive Plan and the Hyde Park Town Center Pedestrian Study, to revitalize and reinvigorate the historic crossroads of Hyde Park. The purpose of the district is to acknowledge and preserve the historical building design and patterns of the district, while allowing attractive and compatible infill commercial and residential development which creates a destination place for Town residents and visitors. Traveling along Albany Post Road approaching the primary intersection, buildings will get larger, setbacks will get smaller, and intensity and density of uses will increase, while the entire district will be joined together by consistent streetscape design. This section sets forth use and design standards which, once implemented, will achieve the Town's vision for the CC Zoning District. These standards are in addition to any standards which may be set forth elsewhere in this Zoning chapter. Where the regulations of this § 5.11.1 are inconsistent with any other section of this Zoning chapter, this § 5.11.1 shall prevail. The photos and images included in this section are intended to provide sample guidance on the quality and character of buildings and materials being sought.
Primary intersection. The CC Zoning District extends out from the primary intersection of Albany Post Road (U.S. Route 9) and Market Street, and includes properties with frontage on either street. For purposes of regulating development within the CC District, additional standards have been established for properties that are within 500 feet of the above intersection, as shown on the Zoning Map,[1] where the intent is to achieve a building pattern that is consistent with the historic pattern of downtown row buildings and closely spaced detached buildings that existed in Hyde Park and elsewhere in the Hudson River Valley.
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
Illustrative Plan. The Hyde Park Historic Crossroads Illustrative Plan provides an example of the type of environment that the Town seeks to promote at the primary intersection within the CC District. Alternative designs can achieve the same objectives, and the Town encourages creativity in a manner that is consistent with the design themes expressed in the Illustrative Plan. The following elements of the Illustrative Plan will guide the Planning Board in the land use review and decision-making process for the CC District:
Street rights-of-way shall be designed in a manner that promotes pedestrian activity and accommodates it safely.
Usable gathering spaces shall be incorporated as a feature in the CC District, which should be in the form of a pocket park or green, enlarged sidewalks for outdoor cafe seating, or similar feature.
The CC District is governed by design standards which apply to properties that front to the "primary intersection" within the CC Zoning District. Frontage on the primary intersection imposes standards to ensure that the Town's vision of a pedestrian-friendly, central business district that is consistent with its historic antecedents is achieved.
The zoning district allows higher residential density, maximum impervious surface coverage, and smaller setbacks, and does not regulate scale, in comparison to other zoning districts, so that an applicant has the opportunity to realize maximum building development potential, in the form of residential dwellings and commercial gross floor area. It is an objective to minimize paved surfaces such as off-street parking, driveways, and similar spaces by sharing spaces, encouraging on-street parking, and incorporating landscaping into project design.
Principal buildings shall be a minimum of two stories, with preference for buildings with three stories, that are designed architecturally to be consistent with existing historic buildings in the district, or that otherwise draw inspiration from historic period vernacular architecture, and which promote a pleasing pedestrian visual environment. This requirement may be waived by the Planning Board as set forth in Subsection G(8) below.
Streetscape is an important design element of the CC District and shall be promoted through the use of broad sidewalks, street trees, planter strips, street furniture, cafe spaces, and similar features.
A mix of uses is desired, with residential, commercial, and public spaces all represented in the CC District. Preference is for a mix of uses to be achieved within buildings, as well within the overall district.
It is acknowledged that the CC District is not presently served by central sewer service. Should septic systems be required in the absence of central sewer service, systems shall be placed in locations that still allow the intent and standards to be achieved, e.g., buildings fronting to the sidewalk, and parking behind proposed buildings.
A variety of architectural styles and patterns are allowed and encouraged for new development to ensure that the CC District has the appearance of having evolved over time.
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The image above is an Illustrative Plan for the Crossroads Core zoning district prepared by the Dutchess County Department of Planning and Development. |
Prohibited uses. In order to promote and create a pedestrian and mixed use, tourism-based environment, the following uses are specifically prohibited from the CC District:
Construction yard or building material supply yards;
Gas stations;
Automotive sales and automotive repair establishments;
Car wash;
Any outdoor storage, where said storage represents more than 20% of a lot, e.g., automotive sales lot;
Self-storage facility;
Drive-through facility; and
[Amended 10-5-2020 by L.L. No. 1-2020]
Adult uses.
Additional use standards. The following standards apply:
Mixed uses. In order to encourage a mix of uses on a lot, more than one principal building and more than one principal use shall be allowed on any lot, subject to all approval criteria contained herein. Scale is not regulated in the CC District.
Commercial use required along U.S. Route 9. Nonresidential uses are required to occupy ground level building space that fronts to U.S. Route 9 where said space is located within 150 feet of the nearest point of intersection of U.S. Route 9 and Market Street.
Townhouses and multiple dwellings. Any lots that front to the primary intersection shall be allowed an additional two dwelling units per acre above the residential density otherwise allowed in the CC District (up to 12 dwelling units per acre), and the residential density shall be calculated on the entire lot area regardless of the amount of lot area which may also be devoted to any nonresidential use(s). Said units, however, shall not be located within that area set forth in Subsection E(2) above.
Multiple dwellings above ground level nonresidential space. Any lot that fronts to the primary intersection shall be allowed an additional four dwelling units per acre above the residential density otherwise allowed in the CC District (up to a maximum of 14 dwelling units per acre) provided all dwelling units are located above ground level nonresidential space. The Planning Board, in its discretion, may allow multiple dwellings to be located on the ground level, except in that area set forth in Subsection E(2) above, and provided the dwelling units are located on the lot so as not to front directly to the primary intersection. The residential density shall be calculated on the entire lot area regardless of the amount of lot area devoted to any nonresidential use(s).
Outdoor dining. Restaurants shall be permitted to operate outdoor cafes on sidewalks and in other outdoor areas provided that safe pedestrian circulation and building access shall be provided. Where necessary, an applicant shall obtain approval from the relevant local, county, or state agency to operate an outdoor dining area on a public sidewalk.
Site plan requirements. In addition to the submission requirements set forth in Section 108-9.4 of this Zoning chapter, the following additional information shall be submitted to the Planning Board, and the Planning Board has authority to approve same in conjunction with site plan approval:
Master Plan for future development. As set forth in Subsection B above, a parcel may not be able to achieve full build-out until such time that central sewer is made available. The Planning Board may require an applicant to prepare a conceptual Master Plan for the entire parcel whenever an application to subdivide or develop only a portion of a larger parcel is submitted. The development of a Master Plan is intended to ensure that partial development or subdivision of a parcel will not preclude future development consistent with the purposes of this district. Any Master Plan shall be developed at a sufficient level of detail to enable the Planning Board to determine that the present land use application will not impede future development.
Building elevations and floor plans. Building elevations which express the architectural design of any new building or building alteration shall be submitted to the Board, along with information regarding the materials to be used in building construction. Floor plans shall be submitted to document the number of dwelling units or gross floor area of nonresidential space that is proposed.
Building design standards. The following design standards shall apply to all uses which require site plan approval in the CC District. These standards shall apply to new construction as well as alterations. The Planning Board may waive these requirements for the alteration of existing buildings where it determines that based on the unique characteristics of the property, or in the interest of preserving an historic building, a variation in these standards would achieve the intent of the CC District.
Architecture. Architecture in the CC District shall draw from historic precedent, and may be a modern expression of same. The following architectural styles are or have been expressed in the CC District: Dutch Colonial Revival, Federal, Greek Revival, Carpenter Gothic, Gothic Revival, Italianate, Queen Anne, and Second Empire. New construction and rehabilitation shall reflect traditional architecture in building and roof forms, window proportions, materials, colors and details. Architectural features and windows shall be continued on all sides of the building that are clearly visible from a street or public parking area to avoid visible blank walls.
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The images above illustrate the historic buildings that are or were located along the primary intersection frontage. These images are provided as examples of the types of architecture that prevailed, and the architectural design details that are encouraged in new building design, including: properties fronting to the sidewalk, porches and arcades, cupola provided as visual interest at a street corner, entrances near intersections, and varied facades. | |
Facades. Facades, or the exterior walls of buildings, shall be built parallel to the street frontage and shall define the public space along the sidewalk through the use of consistent setbacks along the street. Where a green or pocket park is proposed adjacent to a street frontage, buildings shall be constructed parallel to same.
Windows. All primary windows, with the exception of ground floor commercial space and small windows such as transom windows, shall be vertical in proportion and in the case of historic buildings, should have multiple panes divided by muntins. Mirrored, reflective, or darkly tinted glass, all-glass walls, and exterior roll-down security gates shall not be permitted. Ground floor commercial space shall be designed with storefront windows.
Awnings. Metal, canvas, and canvas-like awnings are allowed along street frontages, and may encroach up to six feet into the front setback and over the sidewalk beginning at a height no less than seven feet above the sidewalk. Vinyl or aluminum awnings shall not be permitted.
Primary entrances. The principal pedestrian entrances for the ground floor of any nonresidential use shall directly front to the sidewalk. Principal entries to ground level nonresidential uses shall be highlighted through the use of architectural features such as roofs, door surrounds such as fanlights and transom windows, recessions into the facade or other details that express the importance of the entrance.
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This photo provides an example of a primary entrance treatment. The entrance fronts to the sidewalk, and the entrance is recessed into the front facade. It also meets minimum 70% transparency on ground floor guideline. |
Public spaces. Buildings with a building footprint of 5,000 square feet or more of gross floor area shall provide for public space that incorporates amenities such as benches, seats, tables, fountains, outdoor cafes, sculptures, and/or interpretive historical markers.
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The photo above left illustrates the incorporation of an outdoor cafe as a public space. The photo above right shows outdoor seating and tables provided in conjunction with the use. | |
Materials. Vinyl, plastic, aluminum, or sheet metal siding or trim, exposed concrete blocks, concrete walls, plywood and other similar prefabricated panels, unpainted lumber, and synthetic stone, synthetic brick or synthetic stucco is not permitted unless waived by the Planning Board, where the Planning Board determines that alternative materials will meet the design objectives of the CC District.
Roofs and building stories. Buildings shall have sloped roofs, mansard roofs, or flat roofs with articulated parapets and cornices. Parapets shall be a minimum of 42 inches high or as may be otherwise required to conceal mechanical equipment to the satisfaction of the Planning Board. The Planning Board may require that larger buildings have a combination of roof types and pitches to achieve design objectives, e.g., emphasis on verticality of a building's design. Along the frontage of the primary intersection, buildings shall consist of no less than two stories with usable floor space on the upper story. The Planning Board may waive this requirement, where it determines that the proposed use and building design are consistent with the goals and objectives of the CC District, and the unique nature of the proposed land use dictates one story only.
Screening. All mechanical equipment, whether roof- or ground-mounted, shall be completely screened from adjacent properties and streets in a manner that is compatible with the architectural treatment of the principal building. Refuse containers shall be located to the rear of a site or building and shall be concealed to the extent feasible from public view.
Walls, fences and other enclosures. These structures shall be constructed of natural materials and shall not exceed a height of three feet along any street frontage line and in front of the building line, and six feet along the side and/or rear lot lines. The Planning Board, in its discretion, may waive this requirement and allow materials such as vinyl, fiber cement (hardie board) or other man-made material where it determines allowing such waiver is no less protective of the aesthetic character of the CC District. Chain link fencing is prohibited.
Corner lots.
Architectural feature. To provide visual interest at an intersection, the Planning Board, in its discretion, may require that a corner building be designed with a turret, steeple, clock tower, widow walk, or other similar feature to provide visual interest, and said feature may exceed the maximum building height by up to one story.
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The photo above left illustrates a cupola that adds visual interest to this corner lot. The photo above right illustrates a turret that has been incorporated into the corner of the building. Also, the right photo illustrates that a primary entrance is positioned at the street corner beneath the turret. | |
Entrance. At least one primary entrance to a building that is situated at the corner of a street intersection shall be located within 50 feet of the intersection.
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The photo above illustrates a primary entrance located near the street intersection. It also demonstrates how building mass for a new building can be varied by changes in setback, shapes (flat to circular), color, facade details (cornices), and roofline (parapet addition on right side of building). |
Primary intersection frontage. The following additional standards shall apply to buildings on lots that front to the primary intersection, located at or in proximity to the intersection of Market Street with Albany Post Road, as shown in red below.
The photo above illustrates the primary intersection in red, and lots that front to it. |
No less than 70% of the first floor, sidewalk-level story of a building with nonresidential uses shall be glazed (window area), allowing views into and out of the interior to create visual interest at street level. Ground level commercial space design shall be based on historic precedent. Windows shall be distributed in an even manner consistent with the rhythm of voids and solids of such historic examples, with low sills and high lintels consistent with the window proportions of historic buildings.
 | The image to the left illustrates the ground level with a nonresidential use being designed to include a minimum of 70%. |
Front yard setback. The minimum front yard setback, at the discretion of the Planning Board, may be reduced to zero feet, provided that the minimum sidewalk width from the curb to the building facade shall be a minimum of eight feet, inclusive of any street tree or planting row. In no case shall the sidewalk width be less than five feet.
A building with a width of 50 feet or wider along any street frontage shall be articulated, reducing its apparent size. The mass of a building shall be broken up using a variety of massing changes and/or architectural details such as changes in building height, divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in rooflines, awnings, storefronts, changes in building height, and sections that project or are recessed up to 10 feet.
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The photo above shows how building mass can be varied through: changes in roof type (gable front on three-story portions), decorative elements, (cupola), porch addition at the middle of the facade, change in number of stories (one story on left, three story, and then two stories in the middle). |
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In the above photo, changes in building mass are more subtle but effective: changes in rhythm of entrances and windows on ground floor, and change in dormered roof on the left portion of building to flat roof with continuation of decorative cornice at the end of the building to the right. Also, porch railing is provided on second floor along shorter side of building. An entrance is within 50 feet of street corner. |
Land use applications involving lots that are 0.5 acres or larger in size, or propose a building in excess of 10,000 square feet of gross floor area, excluding any nonhabitable attic or basement area, shall provide for a pocket park or green. Said space shall incorporate amenities such as benches, seats, tables, fountains, cafes, and/or interpretive historical markers. The location shall be approved by the Planning Board, which shall utilize the Illustrative Plan and the Town Comprehensive Plan for guidance.
Vehicular access. To preserve and promote the safety of the pedestrian realm and to enhance the aesthetic environment of the streetscape, the Planning Board shall limit the number of driveway entrances along the frontage of the primary intersection to the maximum extent. This may be achieved by any of the following, either singly or in combination:
Shared driveway access between buildings and lots.
Requiring access be obtained from a location on the lot outside the primary intersection frontage.
Pedestrian and vehicular circulation.
All parking spaces shall be set back at least 40 feet from the front lot line and screened from view of the street. In no event shall parking be located closer to a street than the building facade that fronts to same. Parking area shall be attractively screened from view of the public street through a combination of fences, walls, and landscaping.
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Landscaping, walls, and fences can be used to screen parking areas and provide visual interest. |
Shared parking, on-street parking, and the use of public parking lots are encouraged. Appropriate legal controls shall be required to ensure that shared parking is available during the existence of the use or building.
Where feasible, a shared secondary road or alley connecting the rear of parcels is allowed.
On-street parking in front of a lot may be counted toward minimum parking requirements.
Curb cuts shall be limited to one per parcel. Residential driveway width at the frontage line is limited to 10 feet and commercial driveway width at the frontage line is limited to 20 feet.
To facilitate pedestrian movement, sidewalks shall be provided along streets and within the site and shall connect to adjacent parcels as deemed appropriate by the Planning Board.
Garage doors shall not face to the street on which the building fronts, unless the Planning Board allows, at its discretion, garages to be recessed behind the street-facing facade.
Parking accessory to a use in the CC District. As the CC District includes primarily properties with direct frontage on Albany Post Road or Market Street, and in places lot depths are limited for purposes of accommodating on-site parking, the Planning Board, in its discretion, may approve parking on an adjacent lot located in a district adjoining the CC District, provided the Planning Board determines the following:
The lot on which the parking would be situated adjoins the principal use which it will serve.
The lot on which the parking would be located is in the same ownership as the lot in the CC District, and the lots shall be merged as a condition of approval.
The Planning Board has determined that parking cannot be accommodated elsewhere in the CC District, via shared parking, within 500 feet of the lot to which the parking is accessory. The applicant shall demonstrate a bona fide attempt was made to share parking with another use.
The Planning Board finds that to accommodate parking on the same lot in the CC District, parking would be located in a manner inconsistent with these design guidelines, or parking would limit the ability to maximize development potential within the CC District.
No other principal or accessory uses allowed in the CC District shall be extended onto the lot on which parking will be located.
The parking, including traffic to access the parking area, will not have an adverse impact on properties adjoining it. The Planning Board shall require a landscape and fence screen where the parking would adjoin a lot in residential use, or in a residence district.[2]
[2]
Editor's Note: Former Subsection I(9), Drive-through use, which immediately followed this subsection, was repealed 10-5-2020 by L.L. No. 1-2020.
Streetscape, landscape and lighting standards.
Streetscape elements include on-street parking, curbs, street trees, sidewalks, streetlights, public transit shelters and other amenities.
Planters, trees, shrubs, and/or other landscaping shall be provided to enhance the appearance of the streetscape. Ornamental fencing three feet in height may be provided to separate privately owned space from public space. For commercial uses, display areas, and outdoor dining and seating areas may be provided. Where a comprehensive plan exists for streetscape improvements, streetscape improvements shall be made consistent therewith.
Existing large or significant trees and other natural features shall be incorporated into the proposed site design to the maximum extent practicable.
Any area of a lot not used for buildings, structures, off-street parking and loading, driveways, walkways or similar purposes shall be landscaped with native perennials and noninvasive annuals, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff and to maintain or improve the aesthetics of such development.
All lighting shall be decorative, dark sky compliant, and shall not project light above the horizontal plane into the night sky. Lighting shall complement the landscaping and architectural features on the site. Lighting shall comply with the maximum height requirements set forth in § 108-4.5.H(1) of the Zoning Law. Canopy lighting shall be recessed.
Lighting accessory to a building shall be of architectural quality and consistent with the architectural design of the building. Shoebox fixtures are not permitted. All outdoor lights shall be designed, located, installed, and directed in such manner as to prevent light at and across the property lines, except that light spillage is permitted where it provides safety lighting to adjoining public sidewalks.