Nyack City Zoning Code
ARTICLE II
Zoning Districts
§ 360-2.1 Establishment of districts.
[Amended 5-26-2011 by L.L. No. 5-2011; 10-13-2016 by L.L. No. 3-2016]
The Village of Nyack is hereby divided into the following zoning districts:
District Category | District Name | Abbreviation |
|---|---|---|
Residential | Single-Family Residential-1 | SFR-1 |
Single-Family Residential-2 | SFR-2 | |
Two-Family Residential | TFR | |
Multifamily Residential-1 | MFR-1 | |
Multifamily Residential-2 | MFR-2 | |
Multifamily Residential-3 | MFR-3 | |
Mixed use | Downtown Mixed Use-1 | DMU-1 |
Downtown Mixed Use-2 | DMU-2 | |
Residential Mixed Use | RMU | |
Office Mixed Use | OMU | |
Other | Corridor Commercial | CC |
Waterfront | WF | |
Manufacturing | M | |
Hospital | H |
§ 360-2.2 Zoning Map.
A.
Official map adopted. The boundaries of the zoning districts are established as shown on the Zoning Map, Village of Nyack, dated January 1, 2010, as amended from time to time. The map and all explanatory matter thereon is hereby adopted and made a part of this chapter. The Zoning Map shall be kept up-to-date in the office of the Building Inspector for the use and benefit of the public.
B.
Interpretation of zoning district boundaries. In determining the boundaries of districts shown on the map, the following rules shall apply:
(1)
Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets, alleys, parkways, waterways and main track or tracks of railroads.
(2)
Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
(3)
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary shall be construed to coincide with such lot line.
(4)
Any boundary shown extended into the Hudson River shall be deemed to extend to the boundary of the Village, unless otherwise indicated.
(5)
In all other cases, where dimensions are not shown on the Zoning Map, the location of boundaries shall be determined by the Building Inspector utilizing the scale appearing on such map.
C.
Lots in two or more districts. Where a single lot is divided by one or more district boundary lines, the regulations for the less restrictive portion of such lots shall not extend into the more restricted portion of the lot.
§ 360-2.3 Residential districts.
[Amended 5-8-2025 by L.L. No. 3-2025]
A.
General purpose of residential districts. The residential zoning districts contained in this section are intended to:
(1)
Provide appropriately located areas for residential development that are consistent with the Village's Comprehensive Master Plan and with standards for public health, safety and general welfare;
(2)
Allow for a variety of housing types that meet the diverse economic and social needs of residents;
(3)
Protect sensitive environmental and historic resources;
(4)
Protect the scale and character of existing residential neighborhoods and community character;
(5)
Ensure adequate light, air, privacy and open space for each residential dwelling, and protect residents from the harmful effects of excessive noise, glare and light pollution, traffic congestion and other significant adverse environmental effects; and
(6)
Protect residential development from neighboring uses that are incompatible with a residential environment.
B.
Single-Family Residential Districts (SFR-1 and SFR-2). The purpose of the SFR-1 and SFR-2 Districts is to provide a suitable area for single-family dwellings and other uses and facilities that are compatible with single-family neighborhoods in the Village of Nyack. The districts are distinguished by the required minimum lot area.
C.
Two-Family Residential District (TFR). The purpose of the TFR District is to provide a suitable area for a mixture of one- and two-family dwellings in areas characterized by a mixture of housing types, and for other uses and facilities that are compatible with residential neighborhood development in the Village.
D.
Multifamily Residential Districts (MFR-1, MFR-2 and MFR-3). The purpose of the multifamily residential districts is to provide for a range of housing types and densities that are commensurate with the scale and character of various neighborhoods in the Village, and to provide for other uses and facilities that are compatible with residential developments in these districts. The districts are distinguished primarily by the maximum allowed density of dwelling units per acre.
E.
Residential district design standards.
(1)
Purpose. The standards of this section are intended to promote high-quality residential development and construction; protect property values; encourage visual variety and architectural compatibility; and promote an integrated character for the Village's neighborhoods. Specifically, the standards shall:
(a)
Provide variety and visual interest in the exterior design of residential buildings;
(b)
Provide for a variety of lot sizes and housing types for a range of households and age groups;
(c)
Enhance the residential streetscape and diminish the prominence of garages and parking areas;
(d)
Enhance public safety by preventing garages from obscuring main entrances or blocking views of the street from inside dwellings; and
(e)
Improve the compatibility of attached and multifamily residential development with the residential character of surrounding neighborhoods.
(2)
Orientation of dwellings to the street. Each residential building shall have at least one primary pedestrian doorway for access to the dwelling located on the elevation of the dwelling facing the front lot line of the property, and clearly visible from the street or public area adjacent to the front lot line. On corner lots, the pedestrian doorway may be located facing any adjacent street. Unless prohibited by terrain or other site constraints, the orientation of new buildings and alterations shall repeat the predominant relationship of buildings to buildings and buildings to street along the same block face or the facing block face. An exception shall be made for single-family detached dwelling units that do not have street frontage but do front onto a park or parklike common open area. In such case where the dwelling unit does not have street frontage, one primary pedestrian doorway shall be oriented toward a pedestrian walk in the park that connects to a street.
(3)
Garages.
(a)
Detached garages are preferable to attached garages. Detached garages shall comply with the requirements for accessory buildings and structures contained in § 360-3.2E(1).
(b)
Garage doors for attached garages shall face the side or rear of the lot when possible.
(c)
When garage doors for an attached garage cannot be designed to face the side or rear of the lot, such garage doors may face the street in accordance with the following requirements:
[1]
Garage doors for an attached garage facing the street shall be set back a minimum of four feet behind the front facade of the dwelling portion of the structure.
[2]
Garage doors for an attached garage facing the street shall not comprise more than 15% of the front facade of a principal dwelling structure that is greater than one story in height, or 25% of the front facade of a principal dwelling structure that is one story in height.
(4)
Corner lots.
(a)
Obstruction to vision at street intersections. At all street intersections, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
[1]
The following are exceptions to the aforesaid thirty-inch maximum height restriction:
[a]
The fence, wall or hedge is sited at a street intersection, at which intersection there is at least one one-way street, under circumstances where, because of the legal travelling direction of motor vehicle traffic at the intersection where the fence, wall or hedge is sited, the fence, wall or hedge can never detrimentally impact the sight triangle/line-of-sight of motor vehicles, pedestrians or cyclists proceeding through the intersection at the location where the fence, wall or hedge is sited.
[b]
The fence, wall or hedge is sited at a street intersection at which motor vehicle traffic is controlled, at every entrance into that intersection, by a stop sign (e.g., a "four-way" stop) or by a traffic control signal that includes a red-colored stoplight.
[2]
A Building Inspector shall have the power and discretion to increase this chapter's prescribed allowed maximum height of fences, walls and hedges, and to modify the this chapter's prescribed siting of fences, walls and hedges, which are located in a front yard on a corner lot, so as to account for site-specific conditions, but which power and discretion shall be exercised only in accordance with the following criteria, none of which, alone or in combination, are determinative, but shall all be investigated and evaluated by a Building Inspector, and documented in his/her written determination whether or not to allow a maximum height, or siting, exception.
[a]
The hedge, fence or wall does not obstruct a motor vehicle driver's, bicyclist's or pedestrian's clear view of oncoming traffic, stop signs, crosswalks, or other critical traffic-related sightlines.
[b]
The adverse impact, by the hedge, fence or wall, on a motor vehicle driver's, bicyclist's or pedestrian's clear view of oncoming traffic, stop signs, crosswalks, or other critical traffic-related sightlines, is able to be sufficiently mitigated, by ameliorative measures, implemented by the property owner at the property's owner's sole cost and expense, including, but not limited to, the following measures, the performance of which measures shall be completed by the property owner, including obtaining the permission, consent, authorization or approval from other parties that may be necessary.
[i]
The maintenance, installation or modification of a fence or hedge so as to keep it partially transparent, open-slat or sparsely vegetated (as applicable), rather than solid, opaque or dense (as applicable), such as, for example, regular trimming or pruning of a hedge; or
[ii]
The installation or placement of a suitably large convex safety mirror that provides a clear view of the obstructed area to the otherwise adversely affected viewer.
(b)
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard, and the other or others, side yards. The minimum district requirements for each shall be complied with.
(5)
Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot in the residential zoning districts. The sidewalk material shall be continuous through the drive.
§ 360-2.4 Mixed-use districts.
A.
General purpose of mixed-use districts. Mixed-use districts define the uses of land and the siting and character of buildings and improvements to promote compatibility between uses. Buildings are typically designed and oriented to maximize visibility and provide a high quality of public space and architectural features. The districts are also intended to encourage redevelopment of underutilized parcels and in fill development of vacant parcels. The mixed-use districts specifically are intended to:
(1)
Concentrate residential development, and commercial and office employment efficiently in and around the downtown and other key nodes of activity;
(2)
Encourage mixed-use and higher-density redevelopment, conversion and reuse of aging and underutilized areas, and more efficiently use land at key nodes in the Village;
(3)
Create compact and pedestrian-oriented environments that encourage pedestrian access and pedestrian traffic;
(4)
Concentrate a variety of commercial services and public facilities that serve the surrounding community;
(5)
Ensure that the appearance and function of development in mixed-use areas is well-integrated with surrounding neighborhoods;
(6)
Ensure that development in mixed-use areas is of high quality and provides pedestrian scale and interest through use of varied forms, materials, details and colors, especially at the ground floor; and
(7)
Provide adequate light, air, privacy and open space for each residential dwelling, and protect residents from the harmful effects of excessive noise, glare and light pollution, traffic congestion and other significant adverse environmental effects.
B.
Downtown Mixed Use Districts (DMU-1 and DMU-2).
[Amended 5-8-2014 by L.L. No. 2-2014; 10-13-2016 by L.L. No. 3-2016]
(1)
Purpose. The purpose of the Downtown Mixed Use (DMU-1 and DMU-2) Districts is to provide for the most intensive concentration of retail sales and service, personal services, office and public and institutional uses in the heart of the Village. In addition, the district is intended to encourage the development of multifamily residential units above the ground floor. Redevelopment should preserve the existing historic character, scale and mix of uses in the downtown. Appropriate new development should add to the civic and economic vitality of the community. In order to encourage pedestrian-friendly environments, special standards are provided to address urban design, building design and parking considerations. Specifically, the DMU-1 District is designed to place more specific standards in the Village's downtown core retail areas as specified in the Village's Comprehensive Master Plan. Unless otherwise specified, all standards of the DMU-1 District apply to the DMU-2 District. Of the standards listed in § 360-2.4B, the following do not apply to the DMU-2: §§ 360-2.4B(2)(a), 360-2.4B(2)(b), and 360-2.4B(3).
[Amended 3-28-2019 by L.L. No. 1-2019]
(2)
District specific standards.
(a)
Ground floor uses in the DMU-1 District. In order to maintain an active streetscape for pedestrians and pedestrian-oriented businesses and activities in the downtown's core retail area, residential uses are prohibited along the entire length of the ground floor of the principal building adjacent to a public street in the DMU-1 District. That nonresidential space shall be no less than 25 feet deep. A residential use may be located on the ground floor only when it shares that floor with another permitted use that occupies the portion of the floor adjacent to the street.
(b)
Building height in the DMU-1 District. Through the issuance of a special permit, the Village Board of Trustees may allow the maximum building height in the DMU-1 District to be increased to four stories and no more than 48 feet. In order to achieve the special permit for building height, the applicant must provide the public benefit features specified in Subsection B3 herein, and pay a fee as specified within § 360-5.22.
(c)
Building entrances. Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets. The entrance setbacks should reflect adjacent buildings. The pedestrian entrance(s) shall be operable during normal hours of business operation.
(d)
New curb cuts restricted. To establish and maintain a continuous streetscape the construction of new curb cuts shall require a special permit. In no case shall a curb cut exceed 18 feet in width. Existing curb cuts shall be vacated when redevelopment of a property makes them unnecessary or inconsistent with the intended character of the zoning district.
(e)
Security gates. Solid security gates are prohibited.
(f)
Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through the drive.
(3)
Development incentives in the DMU-1 District. To provide an incentive which will encourage the most appropriate use and development of sites in the DMU-1 District, the Village Board of Trustees may allow, following a public hearing following the procedures for zoning amendments, an increased building height within the limits as set forth in Subsection A hereof and subject to the provision of specific public benefit features and payment of a fee as specified within § 360-5.22. It may also choose not to allow any such change. Any height incentive granted in the DMU-1 District shall apply to new construction. Floor space within a fourth floor that is added to an existing building shall be considered new construction. Village Board action on such an application shall be taken only after review of the proposed plan by the Planning Board and the Architectural Review Board and recommendation by those Boards to the Trustees. Final site plan approval by the Planning Board shall not occur until after the height incentive determination by the Village Board. The incentive features, and the guidelines for Village Board action, are as described below:
(a)
The specific public benefit features for which incentive height increases may be granted in the DMU-1 District are as follows:
[1]
The provision of affordable/workforce housing units in excess of the requirements of Chapter 120 [the affordable/workforce housing section of the Village ordinances].
[Amended 5-26-2011 by L.L. No. 7-2011]
[2]
The provision of housing units specifically designed for, and limited in occupancy to, senior citizens, with priority for the Village's residents.
[3]
The provision of street improvements and parking spaces for short-term use beyond that which is required to serve the specific development proposed and designed to mitigate the problems of traffic and parking congestion in the downtown area.
[4]
The provision of special design amenities available for public use and enjoyment which would enhance the function and/or appearance of the downtown, including but not limited to pedestrian linkages, plazas, fountains, artworks, seating and other passive recreation areas, special landscape design features and other such similar improvements; conversely, the removal of existing features which detract from the function and/or appearance of said area, including but not limited to overhead utility lines, unattractive structures and other such features.
[5]
The provision of indoor or outdoor recreation amenities available to the general public.
(b)
In determining the specific amount of height incentive increase that may be granted in the DMU-1 District, if any, the Village Board, in each case, shall take into consideration the following:
[1]
The number, extent and combination of incentive features to be provided.
[2]
The need for such specific features in the Village at that time.
[3]
The degree of compatibility of such incentive features with the neighborhood in which they are located, taking into consideration the potential effects of noise, traffic, fumes, vibrations or other such characteristics on surrounding streets and properties, the visual impact of the resultant density increase and/or incentive feature applied for and the impact of the proposed development upon access to light, air and vistas known to be important to the community.
[4]
The consistency of such incentive features with the Village's Comprehensive Master Plan and related studies and plans adopted by the Village Board of Trustees.
[5]
The quality of design of the proposed development as determined by the Architectural Review Board in accordance with § 360-5.15C.
[6]
The amount of incentive density increase necessary to more than offset the cost of providing the incentive feature(s), thereby creating the incentive for providing such feature(s).
(c)
No incentive density increase will be granted for the construction of any improvement which, in the Village Board's opinion, would otherwise be required by this chapter or other applicable regulation.
(d)
To assist the Village Board in determining the appropriate amount of height increase in the DMU-1 District, if any, to grant as an incentive for the applicant's provision of the proposed public benefit feature(s), the applicant shall submit an estimate of the cost of providing the proposed feature(s) and the value of the height increase requested. The Village Board may also engage its own independent experts to either separately prepare such analyses or to review those prepared by the applicant. The reasonable cost of such expert assistance shall be reimbursed to the Village by the applicant.
(e)
In addition to the foregoing guidelines, the Village Board may take into account other considerations bearing upon the purposes and objectives of this subsection in determining the amount of any height increase in the DMU-1 District.
C.
Residential Mixed Use District (RMU).
(1)
Purpose. The purpose of the Residential Mixed Use (RMU) District is to maintain the existing character, scale and mix of uses surrounding the downtown core, including single-family dwellings, and commercial uses located in former single-family residential buildings, while allowing for appropriate redevelopment. In addition, the RMU District is intended to serve as a transition between more intensive commercial areas and residential neighborhoods.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, must be landscaped with trees and/or plants, except where the retention of natural vegetation and trees is possible. A landscaping plan must be submitted for site development review.
(b)
Building entrances. Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets.
(c)
Security gates. Solid security gates are prohibited.
(d)
Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through the drive.
D.
Office Mixed Use District (OMU).
[Amended 10-13-2016 by L.L. No. 3-2016]
(1)
Purpose. The purpose of the OMU District is to provide opportunities for a coexistence of office and residential uses in predominantly residential settings along select roads in the Village, including the conversion of single-family dwellings to office uses. Retail sales and service uses, and their associated parking and traffic impacts, are not appropriate in these areas.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, must be landscaped with trees and/or plants. A landscaping plan must be submitted for site development review.
(b)
Building entrances. Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets.
(c)
Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through the drive.
§ 360-2.5 Other districts.
A.
Corridor Commercial District (CC).
(1)
Purpose. The purpose of the CC District is to provide for a wide range of commercial uses that benefit from large numbers of motorists, that need larger parcels of land, and that involve heavy commercial uses such as storage, warehousing, hotels and large-scale retail sales uses.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes and plazas, must be landscaped with trees and/or plants. A landscaping plan must be submitted for site development review and a stormwater prevention plan, in accordance with § 360-4.12.
(b)
Buffer area. A buffer area shall be provided along the portion of any property line of a lot located in the CC zoning district developed with a nonresidential use that abuts a residential use. This buffer area shall have a minimum depth of 15 feet in which the only permitted improvements are landscaping and/or fencing, which shall be provided to screen the nonresidential use from the property containing the residential use.
(c)
Building entrances. Buildings shall have one or more pedestrian entrances located on the front facade and facing the street. A building located on a corner may have an angled entrance at the corner of the two streets. The pedestrian entrance(s) shall be operable during normal hours of business operation.
(d)
Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot in the CC zoning district. The sidewalk material shall be continuous through the drive.
(e)
On-site circulation. Driveways, circulation aisles and parking areas shall be designed to fully accommodate vehicles on the property so that entering traffic does not back up onto any public street or portion thereof.
B.
Waterfront District (WF).
[Amended 5-12-2016 by L.L. No. 1-2016; 10-24-2024 by L.L. No. 12-2024]
(1)
Purpose. The purpose of the WF District is to provide for and encourage uses along and near the Hudson River related to and appropriate for a waterfront area. The zoning district is intended to encourage a proper balance of uses in and near the waterfront by facilitating water-dependent uses where public access will be provided, and to preserve the aesthetics and ambiance of the area. In order to provide a district in which commercial uses at the shoreline will be compatible with other waterfront uses and objectives and encourage the overall development of the Village, the specific intent of this section is to:
(a)
Maximize the utilization of waterfront land by water-oriented uses which require a waterfront location.
(b)
Regulate uses that may be enhanced by a location along or near the shoreline but do not require a waterfront location.
(c)
Maximize physical public access from the land to and along the Hudson River shoreline.
(d)
Protect water quality, fish and wildlife, scenic views and natural vegetation and enhance aesthetic resources to the greatest feasible extent.
(e)
Encourage the development of permitted uses to incorporate the development incentives and design guidelines set forth in § 360-2.5B(2)(c).
(2)
District specific standards.
(a)
Site development plan approval. All buildings and other uses of land within the WF District shall be subject to review by the Planning Board in accordance with the provisions of § 360-5.7, and subject to review by the Village Board if an application for development in the WF Zoning District seeks a Special Permit under § 360-2.5(B)(2)(c). In addition to the considerations set forth in § 360-5.7, the Planning Board shall consider the following factors for review:
[1]
The quality and extent of views from the adjacent public streets through the property to the Hudson River.
[2]
The design and relationship of development to the waterfront as viewed from the Hudson River.
[3]
The design and function of any easement or other access provided to the water's edge, including new bulkheading.
[4]
The eligibility of proposed development to utilize any of the development incentives set forth in § 360-2.5B(2)(c).
[5]
The consistency of such incentive features with the Village's Comprehensive Master Plan and related studies and plans adopted by the Village Board of Trustees.
(b)
Special bulk requirements. The following requirements shall apply to all development within the WF District:
[1]
Building height. No buildings or structures shall be erected to a height in excess of 35 feet, except as provided in § 360-2.5B(2)(c)[1]. In the WF zone, height shall be measured from the curb line of the street abutting the front yard and parallel to the Hudson River.
[2]
Building width. The total cumulative width of buildings, structures, fences or walls more than 30 inches in height shall not occupy more than 50% of the width of a parcel as measured along a line parallel to the adjacent street measured at the front yard. Of the remaining open area, one uninterrupted space shall be at least 30% of such parcel width, unless the parcel provides more than one view corridor as required in § 360-2.5B(2)(b)[4].
[3]
Riverfront setback. An average setback of 50 feet shall be provided from any buildings or structures on a lot to the normal high-water line of the Hudson River unless its design requires a location closer to such water line, as determined by the Planning Board. No part of any building or structure shall be closer than 15 feet to the normal high-water line.
[4]
View corridor. In addition to any general requirements required by the View Protection Overlay District established in § 360-4.4B, the following specific requirements apply within the WF District:
[a]
A view corridor to the Hudson River shall be maintained at the intersection where each street intersects Gedney Street or Piermont Avenue and at the northerly end of Gedney Street.
[b]
Such view corridor shall have an unobstructed width of at least 50 feet at the street line and 100 feet at a distance 300 feet from such street line, measured perpendicular to the center line, extended, of such intersecting street. Such view corridor shall be unobstructed as to height; however, buildings may be located in this corridor if their highest elevation is below that of the mean elevation of the adjacent street line.
[c]
No parking shall be allowed in the view corridor unless it is screened from view, and any landscaping within the view corridor shall be evergreen and maintained at a height no greater than four feet from the mean level of the street line within the view corridor. Landscaping, trees, trellises, and hedges may exceed four feet with site plan approval.
(c)
Development incentives by special permit. In order to encourage development which promotes the purposes for which the WF District has been established and to achieve the design guidelines outlined in § 360-2.5B(2)(c)[6], the following exceptions to the bulk requirements set forth above and in the lot and bulk regulations for the WF District may be permitted by the Village Board by the issuance of a special permit approving the same. Any development incentives approved by the Village Board are applicable only to the site plan application for which they have been approved. Such site plan application and special permit application must be accompanied by an environmental assessment form (EAF) that evaluates the environmental impacts of the exceptions to the bulk regulations. Viewsheds shall be preserved per § 360-2.5(B)(2)(b)[4].
[1]
Building height may be increased to no more than 45 feet under the conditions as follows:
[a]
Maximum height may be increased by five feet for each 5% reduction of maximum permitted average building width, up to a maximum of 45 feet (e.g., if average building width is 45%, maximum permitted height is 35 feet; if average building width is 40%, maximum permitted height is 40 feet); and
[b]
For any front yard step-back, at a height of 22 to 24 feet, the building must step back five feet, and at a height of 40 to 42 feet, the building must step back an additional five feet. Alternatively, the building may step back a total of 10 feet at a height of 40 to 42 feet.
[c]
Notwithstanding the provisions of this subsection, in the case of a building exceeding 40 feet in height, the exceptions to height limitations set forth in § 360-4.2C(2), as amended, shall be limited to four feet except for a stairwell bulkhead.
[2]
Building width may be increased to a maximum of 60% of the width of a parcel if the parcel provides two view corridors as required in § 360-2.5B(2)(b)[4].
[3]
Floor Area Ratio (FAR) and density. FAR may be increased to no more than 1.50 if the site development plan:
[a]
Provides special waterfront improvements open to the public specifically incorporating the Development Incentives set forth in § 360-2.5B(2)(c)[5]; and
[b]
Incorporates the design guidelines for the waterfront as set forth in § 360-2.5B(2)(c)[6][a] through [c].
[c]
Notwithstanding the provisions of this subsection, residential density shall not exceed 35 residential units per acre. Additionally, any density bonus sought under Village Code § 360-4.14 shall be subject to the limit of 35 residential units per acre set forth in this subsection, and must meet at least three of the sustainability amenities set forth in § 360-4.14E.
[4]
Parking located underground.
[b]
All resident parking in excess of one space per unit shall be unreserved and available for shared parking use.
[c]
In addition to the resident parking spaces required by § 360-2.5B(2)(c)[4][a], a minimum of 10% additional public parking spaces shall be provided on site or within 200 feet of the site.
[5]
Waterfront access. Waterfront access shall be provided per requirements in the WF design guidelines, including a pedestrian walkway, one water-dependent amenity (consisting of a kayak launch, pier, boat launch, or overlook), and a retail, restaurant, coffee shop or other food-and-beverage-related use located adjacent to the pedestrian walkway. Setback from the Hudson River shall comply with section § 360-2.5B(2)(b)[3] but shall specifically meet the following:
[a]
Minimum fifty-foot setback of any buildings from the normal high-water line of the Hudson River.
[b]
Of the 50 foot setback, 30 feet must be open to the public.
[c]
Of the 30 feet open to the public, a fifteen-foot wide continuous walkway must be provided.
[d]
For the above public space, the area shall be dedicated to the Village of Nyack and maintained by the Village as parkland in perpetuity. Some variation in the location and precise width of the walkway may be allowed at the discretion of the Village Board if the flexibility enhances the operation of a water-dependent use, such as a boat club, pier or boat launch.
[6]
Design guidelines. In determining whether to approve the development Incentives identified in § 360-2.5B(2)(c)[1] through [5], the Village Board of Trustees will consider the extent to which the following design guidelines are achieved.
[a]
Gedney Street.
[i]
Location.
[A]
Buildings should be set back a minimum of 12 feet and a maximum of 15 feet from the property line.
[ii]
Landscape treatment.
[iii]
Building facades and massing.
[A]
Building facade materials should be comprised of stone, stone veneer, brick, fiber cement board or panels, or wood. Stucco, exterior insulation finishing systems (EIFS) are discouraged.
[B]
Facades along Gedney Street may have a maximum of 50% glass below 35 feet and a maximum of 65% glass above 35 feet.
[C]
Visual impact of larger windows should be reduced through the use of vertical subdivision of frames or other methods to reduce the visual impact.
[D]
Reflective glass (excluding low-E glass, Solarban, and similar lightly tinted glass types) is prohibited.
[E]
Parking structures facing a public street or other publicly accessible area should be architecturally integrated into the principal building using techniques such as an exterior clad in brick, architectural metal panels, a window-like facade treatment, or "liner" buildings, i.e., buildings located in front of the parking garage that screen the garage from public view.
[b]
Main Street.
[i]
Location and orientation.
[ii]
Landscape treatment.
[A]
Main Street frontage should have a maximum of one curb cut for garage access and refuse vehicles.
[B]
Curb cuts should be a maximum of 24 feet wide.
[C]
Landscaped area along Main Street should be designed to orient and distribute pedestrians to either the Claremont Pier or the new waterfront walkway and create a gateway to both of these riverfront places.
[D]
The entrance to the pedestrian access to the riverfront should be designed to clearly communicate the public nature of the pedestrian path. The entrance may include a landscape feature such as a gate, trellis, and/or a small seating area.
[E]
Access lanes for fire trucks and other public safety vehicles may be incorporated into the pedestrian paths and are encouraged to incorporate grass-crete/cellular grass paving system or similar treatment to avoid the appearance of excessive pavement.
[iii]
Building facades and massing.
[A]
Buildings along Main Street should step back a minimum of 10 feet over a height of 35 feet from the adjacent grade.
[B]
Materials should be comprised of stone, stone veneer, brick, fiber cement boards or panels, or wood. Stucco, exterior insulation finishing systems (EIFS) are discouraged.
[C]
Facades along Main Street may have a maximum of 50% glass below 35 feet and a maximum of 65% glass above 35 feet.
[D]
Visual impact of larger windows should be reduced through the use of vertical subdivision of frames or other methods to reduce the visual impact.
[E]
Reflective glass is prohibited. Parking structures facing a public street or other publicly accessible area should be architecturally integrated into the principal building using techniques such as an exterior clad in brick, architectural metal panels, a window-like facade treatment, or "liner" buildings, i.e., buildings located in front of the parking garage that screen the garage from public view.
[c]
Waterfront.
[i]
Access.
[A]
Pedestrian access to the riverfront should be provided a minimum of every 200 feet from the nearest adjacent east-west street, and preferably align with streets east-west intersecting with Gedney.
[B]
A public waterfront area shall be provided of a minimum of 30 feet wide along the entire length of the waterfront. Within that public area, a pathway shall be provided of a minimum of 15 feet or as dictated by the fire department to ensure access for emergency vehicles.
[ii]
Soft shoreline treatment.
[A]
In providing resilience to sea level rise, storm surge, and flooding, soft or vegetated shorelines and rip rap should be used instead of vertical sheet pile bulkheads where possible.
[iii]
Landscape treatment.
[A]
Entrance to the pedestrian access to the riverfront should be designed to clearly communicate the public nature of the pedestrian path. The entrance may include a landscape feature such as a gate, trellis, and/or a small seating area.
[B]
Access path should: incorporate a small seating/passive recreation area a maximum of 75 feet from Gedney Street right of way; use landscape elements such as planting, grading, garden walls, or decorative fencing to establish an implied transition between the public right-of-way and adjacent private dwelling units; incorporate trees/planters for shade and pedestrian comfort, a minimum of every 30 feet.
[C]
Vertical transition to the riverfront should employ steps incorporating landscaping, terraces, and garden walls.
[iv]
Building facades and massing.
[A]
Facades located more than 35 feet from Gedney Street may have a maximum of 65% glass.
[B]
Visual impact of larger windows should be reduced through the use of vertical subdivision of frames or other methods to reduce the visual impact.
[C]
Reflective glass is prohibited.
[D]
Penthouses should be incorporated into the overall massing concept of the building.
[E]
Buildings should be massed to create a distinctive roof silhouette characteristic of downtown Nyack buildings
[F]
Parking structures facing a public street or other publicly accessible area should be architecturally integrated into the principal building using techniques such as an exterior clad in brick, architectural metal panels, a window-like facade treatment, or "liner" buildings, i.e., buildings located in front of the parking garage that screen the garage from public view.
(d)
Determination of lot area. To determine the maximum number of residential dwelling units that can be allowed on a parcel of land within the WF District, and for all other uses, the lot area of the site shall be determined by subtracting from the gross acreage of the site the following:
[1]
Land below the normal high-water line of the Hudson River.
[2]
Land shown to be in the floodway or coastal high-hazard area (A and B Zones) of the Federal Emergency Management Agency's Flood Boundary and Floodway Map or Flood Insurance Rate Map.
[3]
Land located within an easement that precludes development.
(e)
Public access. Permanent public access must be provided from the adjacent public street to and along the Hudson River if the property is used for any of these uses: multifamily dwellings, art gallery, arts/crafts studio, bar or tavern, bed-and-breakfast, inn, hotel or motel, office-general, restaurant, retail sales and service, or public utility structure. Such access, in the form of a permanent easement, shall be at least 12 feet wide for at least 75% of its length and shall extend along the normal high-water line of the Hudson River for the width of the property and shall be part of a continuous connection between the north and south boundaries of the property. Porous pavement material, such as cobblestone, brick, etc., suitable for pedestrian use, at least six feet wide, shall be provided for the entire length of the easement; suitable landscaping shall also be provided. The access easement shall provide for permanently unobstructed views or vistas of the Hudson River along its entire length. Provision satisfactory to the Village Board shall be made by the property owner for maintenance of the public access.
(f)
Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot. The sidewalk material shall be continuous through the drive.
C.
Manufacturing District (M).
(1)
Purpose. The purpose of the M District is to allow a range of industrial uses and certain commercial uses with special permit in an appropriate location close to the regional highway network.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, must be landscaped with trees and/or plants. A landscaping plan must be submitted for site development review.
(b)
Buffer area. A buffer area shall be provided along the portion of any property line of a lot located in the M District developed with a nonresidential use that abuts a residential use. This buffer area shall have a minimum depth of 15 feet in which the only permitted improvements are landscaping and/or fencing, which shall be provided to screen the nonresidential use from the property containing the residential use.
(c)
Sidewalks. Sidewalks conforming to Village specifications shall be provided on the street frontage of the lot and/or within the right-of-way of any street located adjacent to a lot in the M zoning district.
D.
Hospital District (H).
[Added 5-26-2011 by L.L. No. 5-2011]
(1)
The purpose of the Hospital (H) District is to provide appropriate and sufficient controls for the development of essential health-care buildings and facilities, and related uses and accessory uses.
(2)
Approval of site plans. All site plans shall be subject to approval by the appropriate land use board pursuant to Article V hereunder.
(3)
District specific standards. (Reserved)