Hyde Park City Zoning Code
§ 108-5.11.2
Town Core TC District standards.
[Added 10-5-2020 by L.L. No. 1-2020[1]]
A.
Objective. In order to implement the goals and objectives expressed in the 2005 Town of Hyde Park Comprehensive Plan, as amended by the 2018 Planning and Engineering Report for the Redevelopment of the Town Center, the 2013 Hyde Park Town Center Pedestrian Study, and a Supplemental Memo entitled "Town Center Vision," the Hyde Park Town Board hereby creates a new Town Core Zoning District to revitalize and redevelop the area generally surrounding the intersection of Pine Woods Road and Albany Post Road (Route 9). The Town Core Zoning District acknowledges and preserves important and Town-valued historic building architecture, allows development in accordance with traditional neighborhood building patterns, and encourages attractive and compatible infill commercial and residential development with public amenities, which creates a destination and gathering place for Town residents. The Town Core Design and Development Standards will guide new development.[2] These standards allow buildings to be larger and yard setbacks to be smaller, and the intensity and density of uses will be consistent with traditional rural downtowns in the Hudson River Valley. The entire TC District will be united by consistent streetscape design and appropriate pedestrian connections.
[2]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
B.
Applicability.
(1)
Where a determination is made that an application requires site plan, special use permit, or subdivision approval from the Planning Board, the Town Core Design and Development Standards shall apply to the following:
(2)
Except as regulated in Subsection B(3) hereafter, the Planning Board, in its discretion, may require that an application comply with § III, Architectural Patterns, of the Town Core Design and Development Standards, for any application which seeks an expansion or addition to a legally existing nonconforming building pursuant to Article 6 of the Town Zoning Chapter and such application involves the alteration of the existing facade of the building. The Planning Board, however, may waive any requirements in § III which it determines are not relevant or where such waiver would not be detrimental to the objectives of the Town Core Code provisions. A rationale for such waiver shall be provided by the Planning Board.
(3)
A change in use of a lawfully existing building from a nonresidential use to a residential use or mixed nonresidential/residential use, shall be subject to § III, Architectural Patterns, of the Town Core Design and Development Standards. The Planning Board, however, may waive any requirements set forth in § III which it determines are not relevant or where such waiver would not be detrimental to the objectives of the Town Core Code provisions. A rationale for such waiver shall be provided by the Planning Board.
C.
Design standards. Development within the Town Core Zoning District is hereby guided by the standards set forth in the Town Core Design and Development Standards, which is included as a separate Attachment to this Zoning Chapter.[3] Unless set forth in this § 108-5.11.2, where there is a conflict between this Zoning Chapter and the Design and Development Standards, the latter shall prevail.
[3]
Editor's Note: The Town Core Design and Development Standards are included as an attachment to this chapter.
D.
Prohibited uses.
(1)
In order to promote and create a pedestrian and mixed use, tourism-based environment, the following uses are specifically prohibited in the TC District:
(a)
Construction yard or building material supply yards;
(b)
Gas stations, or the principal use of a property for four or more electric vehicle charging stations;
(c)
Automotive sales and automotive repair establishments;
(d)
Car wash;
(e)
Any outdoor storage, where said storage exceeds 120 square feet of the lot, or 120 square feet of the use to which it is accessory where there is more than one principal use or building on a lot;
(f)
Self-storage facility;
(g)
Adult uses;
E.
Preexisting nonconforming structures.
(1)
Any single-family detached dwelling legally existing on the effective date of this Zoning Chapter and located in any subarea of the Town Core Zoning District shall be deemed a conforming structure and a permitted use and shall be allowed to continue.
(2)
Any building in existence on the effective date of this Zoning Chapter that becomes a nonconforming structure by virtue of the adoption of this section may be continued only in accordance with Article 6, Nonconforming Uses, Structures and Lots.
F.
Site plan requirements. In addition to the submission requirements set forth in § 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:
(1)
Master plan for future development. A property 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 the TC Zoning 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 in accordance with the Town Core Design and Development Standards. The Planning Board shall approve, with modifications, or disapprove the master plan.
(2)
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, dwelling unit size, bedroom mix, or gross floor area of nonresidential space that is proposed. This submission is in addition to any renderings required by the Town Core Design and Development Standards.
G.
Building type waiver permit.
(1)
Any applicant that proposes to construct a development with a building type(s) that does not comply with a building type set forth in the Town Core Design and Development Standards may apply to the Planning Board for a building type waiver permit.
(2)
The Planning Board, in its discretion, may approve a building type waiver permit only where it finds the waiver meets the standards set forth below. The building type waiver permit shall be granted only after a public hearing is held in accordance with the procedures and public notification set forth in § 108-8.3 of this Zoning Chapter. A decision on the building type waiver permit may be made concurrently with any site, special use permit or subdivision plan decision. The Planning Board, in its discretion, may approve the permit where it finds the following:
(a)
The building type shall be consistent with the purposes set forth in Section 103 of the Town Core Design and Development Standards to the maximum extent practicable;
(b)
The waiver shall not have a detrimental impact on adjoining residential uses or the community character of same;
(c)
The waiver is being approved to allow for the appropriate development of the Town Core zoning district consistent with the Town Core Design and Development Standards; and
(d)
The waiver will not have a detrimental impact or impede the development of the remainder of the Town Core zoning district; or
(e)
The specific use is a civic facility, charitable institution, or educational institution or cultural facility specifically allowed by the Zoning Chapter within the TC District and requires a unique building form not included among those herein shown and the Planning Board finds it also meets the requirements of Subsection G(2)(a) through (d) herein.
(3)
Any decision of the Planning Board to waive the building type standards shall be set forth in writing and made part of the record. Where a building type waiver permit is granted, the land use application shall comply with the Corridor Business Zoning District bulk standards set forth within 108 Attachment 2, Schedule of Bulk Regulations, of this Zoning Chapter. The Planning Board, in its discretion, can condition its approval on adherence to other applicable requirements set forth in the Town Core Design and Development Standards.
[1]
Editor's Note: This local law also redesignated former § 108-5.11.2, Town Center Historic District standards, as § 108-11.5.3, Corridor Business District standards.