Peekskill City Zoning Code
ARTICLE VII
Special Districts
§ 575-43 WF Waterfront District. [1]
[Amended 12-14-1987; 11-13-1990]
A.
Purpose. The City of Peekskill waterfront is a unique natural setting that provides water-related recreation opportunities, both passive and active, majestic views, habitat for wildlife, a transportation center and an opportunity for commercial and residential development. The creation of a waterfront district is intended to encourage the creation and/or maintenance of sound development within the City's waterfront area in a manner that optimizes the locational opportunity for appropriate commercial, residential, service and recreation activities, including the possible multiple use of sites, which shall be compatible with adjacent uses so as not to cause nuisance or environmental harm, and at the same time recognizes and protects the unique natural setting and the public investment made in open space and preservation of vistas. Any development in the waterfront shall be reviewed by the Planning Commission and Common Council, as applicable, with the following public objectives which should be evaluated in a comprehensive manner:
(1)
Preservation of open space and recreation opportunities.
(2)
Preservation and reclamation of views or vistas of Peekskill Bay and the Hudson Highlands.
(3)
Attractive rehabilitation of existing buildings.
(4)
Consolidation of transportation uses and services.
(5)
Provision for and support of water-related services and businesses.
(6)
Development of residential dwellings where such development advances the purposes set forth herein and in § 575-20 of this chapter.
(7)
Expansion of public rights-of-way and easements along the water's edge.
(8)
Promote the adaptive reuse, full utilization and preservation of historic or landmarked buildings.
[Added 12-11-2023 by L.L. No. 8-2023]
B.
Overall district. The Waterfront (WF) Zoning District is hereby amended to include all areas delineated "WF" on the Zoning Map of the City of Peekskill, as amended.
C.
Subareas. The Waterfront District, as established, is hereby divided into four subareas: WF-1, WF-2, WF-3 and WF-PRD. The Common Council finds that each subarea has a distinct character because of topography and/or location within the waterfront area. These subareas are established as delineated on the Zoning Map of the City of Peekskill.[2]
[Amended 12-14-2015 by L.L. No. 12-2015]
[2]
Editor's Note: A Table of Zoning Map Amendments is included at the end of this chapter.
D.
Subarea WF-1.
[Amended 12-23-1991; 9-26-1995; 4-14-2008 by L.L. No. 5-2008; 5-29-2012; 9-10-2012 by L.L. No. 12-2012; 12-14-2015 by L.L. No. 12-2015]
(2)
Special permit uses.
(a)
For all special permit uses in the WF-1, the Design Guidelines for the WF District are hereby deemed additional criteria to be used in evaluating proposals.[3] In reviewing special permit applications, the Planning Commission shall make a report to the Common Council regarding consistency with the Design Guidelines. No special permit shall be granted pursuant to this section unless the Common Council shall have made an affirmative finding that the project is consistent with the Design Guidelines to the maximum extent possible.
[3]
Editor's Note: The Design Guidelines for the Waterfront District are included at the end of this chapter.
(b)
The following uses are permitted in the WF-1 Subarea subject to the issuance of a special permit by the Common Council:
[1]
Marina, boat club, boat launching and sale or rental of marine supplies and boats.
[2]
Fully enclosed structures not to exceed 10,000 feet of floor area for the repair and manufacture of boats, sails and equipment.
[3]
Transportation services, including ferry terminal and commercial boat charter.
[4]
Restaurant.
[5]
Hotels and motels.
(3)
Lot area and building requirements.
(a)
Height. No structure shall be erected to a height in excess of two stories or 24 feet. This height requirement may be waived by the Planning Commission for structures to be developed at Travis Point; however, such structure may not exceed four stories and the overall height may not exceed 45 feet.
(b)
Structures shall be set back at least 50 feet from the water's edge, except structures which require direct access to the water for their function and which are not more than one story or 12 feet in height.
(c)
For hotel/motel uses the following standards shall additionally apply:
[1]
Minimum of 50 guest rooms must be provided.
[2]
The following bulk standards shall apply:
[a]
One thousand square feet of lot area shall be provided for each guest room.
[b]
Each guest room shall include a full private bathroom.
[c]
Minimum guest room size, including private bathroom, shall be 400 square feet.
[d]
Maximum floor area ratio (FAR) shall be 0.75.
[e]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[f]
Buffering shall be provided as follows: a twenty-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, shall be provided between both the main building and all outdoor recreation areas and all side and rear lot lines; a ten-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, shall be provided between all parking areas and all side and rear lot lines.
[3]
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(d)
Hotels and motels able to achieve a U.S. Green Building Council LEED Rating of Certified, Silver, Gold or Platinum, subject to the following conditions:
[1]
Minimum of 50 guest rooms must be provided.
[2]
The following bulk standards shall apply:
[a]
Seven hundred square feet of lot area shall be provided for each guest room.
[b]
Each guest room shall include a full private bathroom.
[c]
Minimum guest room size, including private bathroom, shall be 325 square feet.
[d]
Maximum floor area ratio (FAR) shall be 1.2.
[e]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[f]
The following U.S. Green Building Council Materials must be submitted as part of application:
[g]
Visual buffering within the site and along the perimeter of the site shall be provided, inasmuch as practicable, to be determined by the Planning Commission during site plan review.
[h]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site.
[3]
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year, and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
(4)
Special permit additional criteria.
(a)
Marinas.
[1]
For marina development within the WF-1, the following criteria are requirements for the issuance of a special permit by the Common Council:
[a]
A traffic analysis must be provided, indicating that peak hour traffic flows can be accommodated at adequate levels by the existing street system and/or proposed improvements to the existing street system.
[b]
An engineer's report must be provided, certifying that improvements to be constructed in conjunction with the development will not have significant negative impacts on the following:
[i]
The quality of water in Peekskill Bay, defined herein as the portion of the Hudson River located between the northern and southern boundaries of the City of Peekskill.
[ii]
Boating safety and freedom from boat congestion in Peekskill Bay due to the number of proposed and preexisting slips in Peekskill Bay.
[c]
Sewerage pump-out stations must be provided and located in convenient locations in accordance with applicable federal, state and local standards and must be available to the general boating public.
[d]
Garbage stations must be provided and located in convenient locations in accordance with all applicable federal, state and local standards.
[e]
Upland support facilities, including but not limited to showers, bathrooms and laundromats must be provided for the use of marina patrons for marina developments with 100 or more boat slips.
[f]
Improved public access to the shoreline through boardwalks or other suitable means must be provided.
[g]
Not less than 25% of all boat slips must be made available to the public through annual leases.
[h]
Acceptable and adequate provision for the off-season storage of boats, whether on site or off site, must be demonstrated to the satisfaction of the Common Council. Any such storage which, in the determination of the Common Council, results in excessive interference of shore sight lines to the river shall be deemed unacceptable.
[2]
The residential use of marinas is strictly prohibited. For the purposes of this Subsection D(4)(a)[2], continuing occupation of any boat by any person for a period of seven days shall be deemed a prohibited residential use.
E.
Subarea WF-2.
[Amended 11-29-1994; 9-26-1995; 7-21-1997; 7-10-2000 by L.L. No. 2-2000; 12-14-2009 by L.L. No. 19-2009; 7-19-2010 by L.L. No. 7-2010; 7-11-2011 by L.L. No. 8-2011; 5-14-2012 by L.L. No. 7-2012; 9-10-2012 by L.L. No. 12-2012; 1-28-2013 by L.L. No. 2-2013; 9-8-2014 by L.L. No. 5-2014; 5-26-2015 by L.L. No. 4-2015; 12-14-2015 by L.L. No. 12-2015]
(1)
Permitted uses.
(a)
Commercial uses with a maximum floor area of 4,000 square feet for each structure limited to the following uses:
[1]
Retail stores.
[2]
Arts and crafts studios, art and/or antique galleries or museums.
[3]
Professional and business offices.
[4]
Personal services, including beauty parlors, barbershops, tailors and nail shops.
[5]
Furniture, cabinetry and musical instrument design, fabrication and repair and small appliance repair, provided that items are offered for sale on the premises.
[6]
Dance studios, martial arts studios, health clubs, gyms and similar indoor recreational uses used solely for commercial purposes.
[7]
Dry-cleaning stores, except that no dry cleaning may be performed on the property.
(b)
Municipal parks and playgrounds and community/recreational center, including customary recreational, refreshment or service buildings and, without limitation, any other proprietary or governmental use of the City of Peekskill.
(c)
Up to two artist lofts in one building subject to the development standards for artist lofts outlined in § 575-43E(2)(b)[k][ii] and [iii].
(d)
Restaurants with 199 or fewer seats.
(e)
Farmer's markets.
(f)
Cultural arts facilities, performing arts centers, theaters and museums.
(2)
Special permit uses.
(a)
For all special permit uses in the WF-2, the Design Guidelines for the WF District are hereby deemed additional criteria to be used in evaluating proposals.[4] In reviewing Common Council special permit applications, the Planning Commission shall make a report to the Common Council regarding consistency with the Design Guidelines. No special permit shall be granted pursuant to this section unless the Common Council or the Planning Commission shall have made an affirmative finding that the project is consistent with the Design Guidelines to the maximum extent possible.
[4]
Editor's Note: The Design Guidelines for the Waterfront District are included at the end of this chapter.
(b)
The following uses are permitted in the WF-2 Subarea subject to the issuance of a special permit by the Common Council, or, where indicated, by the Planning Commission:
[1]
Residential uses limited to the following:
[a]
Dwelling units, whether attached or semi-attached, including townhouse, garden apartment, and midrise apartment configurations, in accordance with the standards and guidelines of the WF Zoning District and if located within a special flood hazard area, shall comply with the standards and procedures of Chapter 287, Flood Damage Prevention, of the City Code.
[2]
Nonresidential uses limited to the following:
[a]
Restaurants with a designed indoor seating capacity of more than 200 patrons are subject to the issuance of a Planning Commission special permit.
[b]
Business and professional offices with a floor area of greater than 4,000 square feet.
[c]
Arts or crafts studios, art galleries and antique galleries, furniture, cabinetry and musical instrument design, fabrication, and repair studios with a floor area greater than 4,000 square feet.
[d]
Public or private parking lots or structures.
[e]
Day-care centers and school-age child care as a principal use, subject to the following conditions:
[i]
Buffering five feet in width and a six-foot-high opaque fence with the finished side facing out shall be required between all play areas and all lot lines, subject to Planning Commission full or partial waiver of this requirement.
[f]
Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:
[i]
Minimum dimensional standards for a house of worship shall be as follows: one-acre minimum lot size; one-hundred-fifty-foot minimum lot width; 20% maximum building coverage; 50% maximum impervious coverage; and maximum building height of 50 feet.
[ii]
One parking space per four seats.
[iii]
Parking area to be buffered from all side and rear lot lines by a planted area a minimum of 10 feet in width; no parking is permitted in a required front yard.
[iv]
Building setbacks for all structures shall be a minimum of 50 feet from all front lot lines, 15 feet from all side lot lines and 30 feet from all rear lot lines, or 1/2 of the building height from each lot line, whichever is greater.
[v]
Any facility with maximum capacity of 150 persons or more shall prepare a traffic impact analysis, which analysis shall include proposals for any necessary mitigation measures to be undertaken by the applicant, to the satisfaction of the Planning Commission.
[vi]
Maximum site-generated light shall not exceed 1.5 footcandles at the property line, and the source of all exterior lighting shall not be visible beyond the property line.
[g]
Libraries.
[h]
Bed-and-breakfast hotel, subject to the following standards:
[i]
Each bed-and-breakfast hotel shall be established, maintained and operated so as to preserve and compliment the character and integrity of the surrounding area when the facility is established.
[ii]
The owner of the bed-and-breakfast hotel must reside in and continue to reside in the dwelling as his/her/their principal residence. The owner will provide an annual sworn statement to the City Clerk certifying to such residency.
[iii]
Bed-and-breakfast guest rooms shall not be permitted on the first floor of a building. Office space and living quarters for the owner are permitted on the first floor.
[iv]
The bed-and-breakfast hotel shall have a minimum of two and a maximum of five guest rooms.
[v]
The total number of paying adult guests accommodated per night shall not exceed 10. No more than two adult guests are allowed per room. Further, no guest shall stay for a period of time in excess of 14 consecutive days. Documentation verifying the length of stay of each guest, such as a registration ledger or receipts, will be made available to the Code Enforcement Officer or the Building Department upon request.
[vi]
A site plan and detailed floor plan shall be required as a condition of this special permit.
[vii]
Parking. The bed-and-breakfast hotel shall provide a minimum of one off-street parking space for the owner/staff, and at least one parking space per guest room.
[viii]
The residence must be issued a certificate of occupancy from the Building Inspector as a bed-and-breakfast hotel. A fee, consistent with the issuance of a commercial certificate of occupancy, is required.
[ix]
A smoke detector and carbon monoxide detector is required in each guest room.
[x]
The Building Inspector (or designee) shall be given such access to be given access to perform annual inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code. Such inspections may be made with or without prior notice thereof.
[xi]
A single exterior sign or display may be established on the site of the bed-and-breakfast hotel; said sign or display shall not exceed eight square feet in area. No freestanding sign shall be located less than 10 feet from the front property line nor less than five feet from the side property line.
[xii]
A full, hot breakfast must be served in a designated dining area within the bed-and-breakfast hotel, and only to overnight guests. Other meals are not permitted.
[xiii]
Each special permit shall expire on the third anniversary of the issuance of the initial certificate of occupancy from the Building Department. The applicant must apply for a special permit renewal.
[xiv]
The bed-and-breakfast must be in compliance with all applicable federal, state, and local laws.
[xv]
The Planning Commission shall have the right to impose and include additional conditions as it may deem necessary to effectuate the purpose of this chapter.
[i]
Artist lofts.
[i]
When an action will result in one building containing three or more artist lofts, the artist loft shall be subject to the issuance of a special permit by the Planning Commission.
[ii]
Development standards.
[A]
An artist loft may exist on the first floor of the structure if all of the following conditions are satisfied:
{1} | The artist loft is arranged in such a fashion that as to comply with guidelines defined in Design Guidelines, Subsection C(2), such that consistent street wall with street frontage is maintained. | |
{2} | The portion of the loft space primarily intended for residential use does not directly face the street. | |
{3} | The loft shall maintain a commercial appearance from the street consistent with the retail nature of the surrounding area. |
[B]
Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors.
[C]
Each artist loft must be individually equipped with an enclosed bathroom containing a bathroom sink, water closet, shower and appropriate venting.
[D]
Each artist loft must be individually equipped with a kitchen that contains a four-burner stove and oven, with a range hood vented to the exterior of the unit. Each unit must provide a minimum of five feet of countertop, a kitchen sink and a minimum of 10 feet of storage cabinets. Each unit must be served by a garbage disposal unit.
[E]
Each artist loft must contain a livable floor area of no less than 800 square feet and no greater than 2,000 square feet. The Planning Commission, upon review, may waive the aforementioned maximum requirement upon a finding that artwork to be created in said space would require greater square feet for production or all of said increased square feet was to be used as work space.
[F]
No more than 49% of the livable floor area of the artist loft may be primarily intended for residential uses. In no event may said residential area exceed 980 square feet. Direct internal access between living and working areas must be provided.
[G]
Sprinkler systems must be provided in all common hallways and areas of any building containing an artist loft if the loft contains only one legal means of egress. Hard-wired smoke detectors with battery back ups must be provided for all units.
[iii]
Other requirements.
[A]
All lofts must comply with New York State Uniform Fire Prevention and Building Code standards for storage of materials.
[B]
The artist loft must be occupied by at least one person who is registered as an artist by the City of Peekskill.
[C]
The artwork that is to be created within the artist loft must be compatible with other uses which occur or are to occur within the building in which the artist loft is to be located.
[D]
No more than two persons per bedroom of residential floor area may reside within an artist loft.
[E]
Only three nonresident employees may be employed within an artist loft. This requirement may be waived for artist lofts that occur on the first floor of a structure that provide retail space on that first floor.
[F]
Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft must include those produced by the artist occupying said artist loft and may be offered with other like items.
[G]
Air conditioners, clotheslines and other objects or equipment shall be prohibited from projecting from any window that is visible from a public street.
[H]
One flush-mounted nonilluminated sign attached adjacent to or near the street entrance door to the artist loft may be used to identify the artist. Where two or more artist lofts occur within the same building, the signs must be placed in an orderly fashion in relation to each other.
[I]
Work space and accessory residential space shall not be rented separately or used by persons other than those people legally residing within the artist loft.
[j]
Mixed-use development containing only those uses approved for the WF-2 Subarea. Where residential and nonresidential uses are in the same structure, the residential portion of a building shall have separate access.
[k]
Restaurants' accessory outdoor dining service on the same parcel as the restaurant or on an adjacent parcel shall be subject to approval by a special permit of the Planning Commission.
[i]
Procedures.
[A]
Renewal of special permit. Special permits for accessory outdoor dining in the WF-2 District shall be subject to annual renewal by the Director of Planning. Such renewal shall be based upon written statements from the Chief of Police and the Building Inspector that outdoor dining is in conformity with the terms of its special permit, with the terms of this chapter pertaining to said use, and with all applicable laws and regulations.
[B]
Procedures for the renewal of special permits. Prior to the expiration date of the special permit, the owner of the restaurant (or designee) shall file a request for inspection with the Director of Planning, which must be accompanied by an inspection fee, the cost of which shall be equal to the cost of obtaining a special permit for accessory outdoor dining at the time of the request. If the owner fails to apply for a request for an inspection prior to the date of the expiration of the special permit, the special permit shall immediately lapse.
[ii]
Special permit standards.
[A]
All outdoor use or service shall be accessory to and used in conjunction with an enclosed restaurant located on the same parcel or an adjacent parcel under legal control by the same management.
[B]
Separation of adjacent properties and the right-of-way, including sidewalks, from customers by landscaping, low walls or fencing.
[C]
All tables, chairs or other seating and activities shall take place entirely on the subject parcel(s). The City right-of-way and sidewalk shall at all times remain clear of the outdoor facility or service activities other than pursuant to an accessory sidewalk cafe permit issued under Chapter 505 of the City Code.
[D]
Sunday through Thursday evening closing time for outdoor service shall be no later than 11:00 p.m., and Friday and Saturday evening closing time for outdoor service shall be no later than 12:00 midnight.
[F]
The outdoor facility or service area shall be kept free of debris and litter.
[G]
Exterior lighting shall be directed onto the accessory outdoor dining area and shall not intrude onto the adjoining properties.
[H]
Alcoholic beverages can only be served during times when food service is available.
[I]
The operator of the accessory outdoor dining area shall take whatever steps are necessary to procure the appropriate license from the State Liquor Authority if it intends to serve alcoholic beverages in the outdoor dining area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages in New York.
[l]
Restaurants having accessory outdoor entertainment shall be subject to approval by a special permit of the Planning Commission.
[i]
Performance standards:
[A]
Procedures for renewal of special permit. Special permits for accessory outdoor entertainment in the WF-2 District shall be subject to annual renewal by the Director of Planning. Such renewal shall be based upon written statements from the Chief of Police and the Building Inspector that outdoor entertainment is in conformity with the terms of its special permit, with the terms of this chapter pertaining to said use, and with all applicable laws and regulations.
{1} | Procedures for the renewal of special permits: | ||
{a} | Prior to the expiration date of the special permit, the owner of the standard restaurant (or designee) shall file a request for inspection with the Director of Planning, which must be accompanied by an inspection fee, the cost of which shall be equal to the cost of obtaining a special permit for accessory outdoor entertainment at the time of the request. If the owner fails to apply for a request for an inspection prior to the date of the expiration of the special permit, the special permit shall immediately lapse. | ||
[B]
Accessory outdoor entertainment is only permitted in conjunction with accessory outdoor dining, which shall require a separate special permit under this chapter.
[C]
Accessory outdoor entertainment shall not be allowed on Mondays through Wednesdays and shall only be allowed on Thursdays through Sundays at the following hours: Thursdays through Saturdays from 12:00 noon until 10:00 p.m. and Sundays from 12:00 noon until 5:00 p.m.
[D]
Noise from accessory outdoor entertainment shall be mitigated to the greatest extent practicable, using measures approved by the Planning Commission.
[m]
The following special permit uses are intended to activate the North Water Street corridor with uses that are separate and distinct, yet compatible with nearby South Water Street and Central Avenue uses; to incentivize the adaptive reuse of vacant or underutilized industrial buildings along North Water Street; and to provide for the creation of jobs: fully enclosed light manufacturing; showrooms and sales offices for the foregoing use; greenhouses, provided that the structure or its heating plant shall be distant at least 10 feet from any adjacent property line; and open-air use.
[Added 8-20-2018 by L.L. No. 3-2018]
[i]
In addition to those outlined in § 575-43A, the following standards are established and are designed to protect nearby residential and recreational areas, the adjacent Hudson River and its related wetland habitat, and not detract from attributes of this area designated as a critical environmental area (CEA):
[A]
Located along North Water Street.
[B]
All light manufacturing shall be conducted within enclosed buildings.
[C]
Accessory storage shall be permitted, provided that it is located within a structure and is adequately screened from view, is not hazardous and/or unsafe, meets all local, state and federal environmental requirements, and is located on the premises of the business. Temporary waste storage awaiting pickup shall not be considered outside storage.
[D]
Energy used for permitted activities shall be electrical power or other sources of clean energy.
[E]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site, for initial applications and any amendments thereto. As required by the WF-2 regulations, the Planning Commission must provide a recommendation regarding consistency with the WF District Design Guidelines as part of the recommendation on the special permit prior to any site plan approval.
[F]
All applications shall be consistent with the policies outlined in the City's Local Waterfront Revitalization Program in effect at the time of application.
[G]
In addition to the site plan objectives outlined at § 575-56D, all site plans for light manufacturing uses shall demonstrate conformity with the following standards:
{1} | All development shall be found to comply with the WF Design Guidelines for nonresidential and mixed uses to the greatest extent practicable. | |
{2} | The proposed development complies with all requirements of Chapter 287, Flood Damage Prevention, of the City of Peekskill Code. | |
{3} | The proposed development furthers specific policies outlined in the LWRP including the realignment of North Water Street and erection of a crossing of the Metro-North tracks, to the extent practicable for the specific development. | |
{4} | In order to reduce the potential for additional runoff to City drains and ultimately the Hudson River, all lots supporting new development shall include on-site runoff reducing measures to the maximum extent practicable, including but not limited to minimizing impervious surface coverage, replacing impervious surfaces with more porous surfaces, or draining runoff from impervious to green (landscaped) areas. Impervious surfaces shall include roof area, and all on-site paved areas. Drainage from all newly paved surfaces shall be treated pursuant to New York State Department of Environmental Conservation and/or City of Peekskill requirements prior to discharge or disposal in order to protect water quality, habitat and the ecosystem in the Hudson River. | |
{5} | All new development shall be subject to submission of and adherence to a stormwater management plan, erosion/sediment control plan and a landscaping plan. | |
{6} | Disturbance of sloped areas in excess of 20% shall be minimized. | |
{7} | Landscaping and direction of stormwater runoff to landscaped and existing green areas shall be encouraged wherever possible. All lots supporting new development shall provide a minimum of 40% of the site area as green or pervious surface area on the lot. | |
{8} | No adverse effects are created on public access, the shoreline trailway or existing recreation areas or open space. Wherever possible landscaped areas shall be placed to screen views of new development and parking areas from areas used for recreation and open space. |
[ii]
All uses and structures erected and occupied under these provisions shall be subject to off-street loading requirements, and design guidelines applicable to development in the WF District, except as modified by the Common Council as part of its consideration of any special permit issued pursuant to these regulations.
[iii]
Off-street parking requirements shall be as required by the Planning Commission. Any off-street parking required by the Planning Commission may be waived or reduced only on a finding that adequate parking can be provided in an acceptable manner along North Water Street or in the existing municipal lot on North Water Street or a nearby lot satisfactory to the Planning Commission. The property owner or applicant must demonstrate the availability of off-street municipal parking or on-street parking within proximity of the site sufficient to serve persons visiting or connected with each use without adversely affecting other uses.
[iv]
Off-street loading requirements shall be the same as in the WF District for all uses.
(3)
Lot area and building requirements.
(a)
Height. No building shall be erected to a height greater than four stories or 45 feet.
[1]
Chimneys, flues, towers, bulkheads, spires, parapets, skylights and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part and do not exceed an additional 10 feet above the maximum height set forth in this § 575-43E(3).
(b)
Yards. No side yard or rear yard is required. If a side or rear yard is provided, it must be 10 feet.
(c)
Setbacks. Buildings shall be set back 10 feet from the curb to create a consistent street wall except in the case of South Street, Union Avenue and Depew Street. On these aforementioned streets, buildings may be built up to the road right-of-way in order to maintain the existing street walls. The Planning Commission may vary this requirement to increase or decrease the setback of a building if it is determined by the Planning Commission that the building entry space provided creates a usable open space such as a park or plaza or if such space provides an improved alignment with existing adjacent buildings.
(d)
Residential parking. Parking for residential uses shall not be located within the frontage abutting the street. The Planning Commission may waive this requirement for lots in excess of one acre if the parking scheme is deemed appropriate for said residential space.
(e)
Residential entrances. Main entries to residential uses shall be from the side of the structure that faces the street except in the case of artist lofts where residential entrances may be from the side of the structure that does not face the street.
(f)
Residential unit size. In a multiple-dwelling development containing more than five dwellings, the average size of residential units within a single parcel shall not be less than 800 square feet of floor area per unit. In the case of artist lofts, see § 575-43E(2)(b)[2][k][ii][E] and [F] for specific unit size requirements.
(g)
Bonus height. Additional building height for developments on the east side of Water Street and Railroad Avenue may be granted by the Common Council in the form of one additional story, not to exceed 55 feet in total height. In addition, on the north and south side of Central Avenue, the Common Council may grant additional building height in the form of two additional stories, not to exceed 65 feet in total height. Such bonus heights may be granted to developments that provide the following:
[Amended 10-9-2018 by L.L. No. 6-2018]
[1]
Payment into a public/City infrastructure fund as specified in § 275-21 to be managed by the City Manager or his designee, to be used for municipal improvements within the WF Waterfront District, including but not limited to parking facilities, water and sewer, stormwater management, and flood control; or in the alternative.
[2]
Provision of public/City infrastructure for municipal purposes within the WF Waterfront District, including but not limited to public parking facilities, water and sewer, stormwater management, flood control and green technology, the cost of which to be commensurate in amount with the payment which would have been paid into the infrastructure fund as provided for in Subsection E(3)(g)[1] above; or in the alternative.
[3]
The Common Council may accept any combination of payment, infrastructure, and/or green technology, commensurate in amount with the total infrastructure payment as specified in § 275-21, in exchange for granting bonus height.
[4]
Buildings eligible for bonus height on the north side of Central Avenue may be required to incorporate setbacks and/or step-backs by the Planning Commission.
E.1.
Subarea WF-3.
[Added 12-14-2015 by L.L. No. 12-2015]
(2)
Special permit uses.
(a)
For all special permit uses in the WF-3, the Design Guidelines for the WF District are hereby deemed additional criteria to be used in evaluating proposals. In reviewing Common Council special permit applications, the Planning Commission shall make a report to the Common Council regarding consistency with the Design Guidelines. No special permit shall be granted pursuant to this section unless the Common Council or the Planning Commission shall have made an affirmative finding that the project is consistent with the Design Guidelines to the maximum extent possible.
(3)
Lot area and building requirements. All lot area and building requirements shall be the same as the W-2 Subarea, except for the following:
(a)
Height. No building shall be erected to a height greater than six stories or 65 feet.
(b)
Bonus height. Additional building height may be granted by the Common Council in the form of up to two additional stories, not to exceed 85 feet in total height. Such bonus height may be granted to developments that provide the following:
[Amended 10-9-2018 by L.L. No. 6-2018]
[1]
Payment into a public/City infrastructure fund as specified in § 275-21 to be managed by the City Manager or his designee, to be used for municipal improvements within the WF Waterfront District, including but not limited to parking facilities, water and sewer, stormwater management, and flood control; or in the alternative.
[2]
Provision of public/City infrastructure for municipal purposes within the WF Waterfront District, including but not limited to public parking facilities, water and sewer, stormwater management, flood control and green technology, the cost of which to be commensurate in amount with the payment which would have been paid into the infrastructure fund as provided for in Subsection E.1(3)(b)[1] above; or in the alternative.
F.
Subarea WF-PRD.
[Amended 4-8-1991; 9-26-1995]
(2)
Special permit uses.
(a)
For all special permit uses in the WF-PRD, the Design Guidelines for the WF District are hereby deemed additional criteria to be used in evaluating proposals.[5] In reviewing special permit applications, the Planning Commission shall make a report to the Common Council regarding consistency with the Design Guidelines. No special permit shall be granted pursuant to this section unless the Common Council shall have made an affirmative finding that the project is consistent with the Design Guidelines to the maximum extent possible.
[5]
Editor's Note: The Design Guidelines for the Waterfront District are included at the end of this chapter.
(b)
The following uses are permitted in the WF-PRD Subarea subject to the issuance of a special permit by the Common Council:
[1]
Residential uses limited to the following:
[a]
Dwelling units, whether attached or semi-attached, including townhouse, garden apartment, and mid-rise apartment configurations, in accordance with the requirements of the WF Zoning District.
[b]
Adaptive reuse of existing historic or landmark buildings by a use and in a manner approved by the Common Council.
[Added 12-11-2023 by L.L. No. 8-2023]
[2]
Nonresidential uses limited to the following:
[a]
Hotels and motels, subject to the following conditions:
[i]
Minimum of 50 guest rooms must be provided.
[ii]
The following bulk standards shall apply:
[A]
One thousand square feet of lot area shall be provided for each guest room.
[B]
Each guest room shall include a full private bathroom.
[C]
Minimum guest room size, including private bathroom, shall be four hundred 400 square feet.
[D]
Maximum floor area ratio (FAR) shall be 0.75.
[E]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[F]
Buffering shall be provided as follows: a twenty-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, shall be provided between both the main building and all outdoor recreation areas and all side and rear lot lines; a ten-foot-wide buffer, planted and maintained to the satisfaction of the Director of Planning, shall be provided between all parking areas and all side and rear lot lines.
[Amended 5-29-2012]
[iii]
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year.
[iv]
Minimum rate shall be for a full day; hourly rental rates shall not be permitted.
[b]
Hotels and motels achieving a U.S. Green Building Council LEED Rating of Certified, Silver, Gold or Platinum, subject to the following conditions:
[Amended 4-14-2008 by L.L. No. 5-2008]
[i]
Minimum of 50 guest rooms must be provided.
[ii]
The following bulk standards shall apply:
[A]
Seven hundred square feet of lot area shall be provided for each guest room.
[B]
Each guest room shall include a full private bathroom.
[C]
Minimum guest room size, including private bathroom, shall be 325 square feet.
[D]
Maximum floor area ratio (FAR) shall be 1.2.
[E]
Gross floor area designated to permitted ancillary uses shall not exceed 60% of the gross floor area for all site structures.
[F]
The following U.S. Green Building Council Materials must be submitted as part of application:
{1} | Proof that the project has been registered on the U.S. Green Building Council website. | |
{2} | A completed U.S. Green Building Council Registered Project Checklist. | |
{3} | A completed U.S. Green Building Council LEED certification application. |
[G]
Visual buffering within the site and along the perimeter of the site shall be provided, inasmuch as practicable, to be determined by the Planning Commission during site plan review.
[H]
The Planning Commission shall, as part of site plan review, request architectural building elevations and evaluate same for appropriateness, within the context of the setting of the site.
[iii]
Occupancy shall be limited to transients who shall reside in the hotel for not more than 180 days a year and the minimum rate shall be for a full day; hourly rental rates shall not be permitted.
[c]
Convents.
[Amended 4-14-2008 by L.L. No. 5-2008]
(3)
Lot area and building requirements.
(a)
Height. Except as provided in Subsection F(3)(a)[1] and [2] below, no building shall be erected to a height greater than three stories or 38 feet.
[1]
This limitation may be waived by the Planning Commission to a height not to exceed 52 feet for buildings located adjacent to the existing convent building within an area 325 feet in width, the center line of which begins due south of the center line of the existing convent building, continuing in a southerly direction a distance of 400 linear feet.
[2]
Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part and do not exceed an additional 10 feet above the maximum height set forth in § 575-43F(3)(a) herein.
(b)
Steep slopes. In general, development of areas with a slope of 20% or greater shall be avoided, except for those areas of less than 5,000 square feet used for roads.
(c)
Density. The standards set forth in the table below are maximum design densities for various housing types. The overall gross density of any site or site assemblage shall not exceed nine dwelling units per acre; provided, however, that upon award of bonus density pursuant to § 575-43F(3)(d) hereof, such density may be increased not to exceed 11 units per acre.
(d)
Bonus density.
[1]
In the WF-PRD Zone Subarea, an increase in residential density may be granted by the Common Council upon a finding by the Common Council that the project will provide additional parkland to the City or will otherwise substantially increase public access or beneficial use of the waterfront. In making such a finding, the Common Council may, in its sole discretion, consider off-site improvements to be made by the applicant.
[2]
The bonus density granted pursuant to Subsection F(3)(d)[1] shall not exceed one residential unit per acre.
[3]
In addition to Subsection F(3)(d)[2] above, an increase in residential density not to exceed one additional unit per acre may be granted by the Common Council upon a finding by the Common Council that the proposed project will result in the rehabilitation and preservation of a building or buildings which the Common Council finds to be of special historic, architectural or design importance to the history and character of the City of Peekskill.
(e)
When dealing with the adaptive reuse of preexisting historic or landmark buildings for residential purposes pursuant to § 575-43F(2)(b)[1][b], limited to the existing confines of such preexisting historic or landmark building, density shall be determined in accordance with plans approved by the Common Council as part of the special permit process in accordance with § 575-43L; provided, however, that for newly constructed units within the confines of such historic or landmark building, the minimum dwelling unit floor area shall be 600 square feet and the average floor area for all newly constructed units within the confines of such historic or landmark building shall be not less than 750 square feet. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the Common Council that the plans for the adaptive reuse of the preexisting historic or landmark building, including necessary infrastructure, amenities and parking are adequate for such requested density and further the goals of this district as provided for in § 575-43A(8) above.
[Added 12-11-2023 by L.L. No. 8-2023]
(4)
Special permit additional criteria.
(a)
For special permit applications within WF-PRD, the following criteria are requirements for the issuance of a special permit by the Common Council. No special permit shall be granted pursuant to this section unless the applicant has submitted evidence which, as determined by the Common Council, adequately demonstrates compliance with all of the criteria set forth in this Subsection F(4)(a) and (b).
[1]
A traffic analysis shall be provided, indicating that peak hour traffic flows generated by the proposed development can be handled at adequate levels of service by the existing street system and/or proposed improvements to the street system.
[2]
An engineer's report shall be provided, which certifies that existing systems, together with improvements to be constructed in conjunction with the development, will have sufficient capacity to provide the following:
[a]
Water fire flows sufficient to meet fire and safety standards for the scale and type of development proposed.
[b]
Sanitary sewer service connected to the existing City system which complies with City and county regulations.
[c]
A drainage system which will not adversely impact existing development within the same drainage basin.
[3]
For all common property not dedicated to the City of Peekskill or other public agency, the owner shall provide for and establish an organization that will provide for the continued ownership and maintenance thereof, consistent with all applicable state laws and in accordance with § 575-29I herein.
[4]
All electrical, telephone, cable television and similar equipment shall be installed underground in accordance with the New York State Public Service Commission regulations.
[5]
The right-of-way and pavement widths for internal roads serving multifamily dwellings shall be sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and access by fire-fighting equipment and police or emergency vehicles. The pavement of said roads shall be not less than 24 feet wide. All streets to be dedicated shall be subject to all other applicable City ordinances and standards.
[6]
The developer shall provide all necessary on-site water and sewer facilities, storm drainage, paved service streets, curbing, sidewalks, parking and loading facilities, lighting, fire alarm and other necessary support systems, which shall be connected to public utility systems at the nearest feasible point.
(b)
Recreational uses and nonresidential uses, including but not limited to parking and loading areas, must be located so as to be compatible with nearby residential uses. All such uses must be adequately screened and buffered where adjacent to residential development.
G.
Accessory uses. Accessory uses are limited to the following:
[Amended 9-26-1995; 7-21-1997]
(1)
Residential uses.
(a)
Customary home occupations, provided that:
[1]
No display of goods or signs is visible from the street.
[2]
Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident thereof with no more than two assistants or employees who do not reside on the premises.
[3]
Only customary household appliances and equipment are used.
[4]
Such occupation is conducted in an area not exceeding 30% of the total floor area of the residence.
(b)
The keeping of not more than three customary household pets over six months old, but excluding the commercial breeding or keeping of the same.
(c)
Fences or garden walls, limited to four feet in height, measured above finished grade. This height restriction may be waived by the Planning Commission for side and rear yard fences or garden walls to a height not to exceed 6 1/2 feet if the Planning Commission determines that such height will not block views of the Hudson River.
(d)
Swimming pools.
(e)
Off-street parking, including private garages.
(2)
Nonresidential uses:
(a)
Off-street parking.
(b)
Enclosed storage.
(d)
Accessory recreation, such as swimming pools and tennis courts for use of residents, members or patrons of the principal use.
(e)
Fabrication of craft items, such as jewelry, pottery or woodcraft, provided that retail sales of such items are provided on the premises.
(f)
Artist lots may have artist galleries or fabrication spaces to be used by artist loft occupants, with this space limited in size not to exceed 2,500 square feet.
(g)
Cemetery, accessory to convent, for the residents thereof.
H.
Off-street parking.
[Amended 9-26-1995; 7-21-1997; 4-14-2008 by L.L. No. 5-2008; 6-23-2014 by L.L. No. 4-2014; 12-14-2015 by L.L. No. 12-2015]
(1)
Except for the WF-PRD Subarea and for artist lofts in the WF-2 and WF-3 Subareas, all parking must be at the side or rear of the building it is provided for. Artist loft parking areas may be defined by the Planning Commission.
(2)
Minimum requirements.
(a)
The following minimum off-street parking requirements shall apply:
Use | Required Spaces | |
|---|---|---|
Retail | 1 per 350 square feet of floor area | |
Restaurant | 1 per 150 square feet of patron use area | |
Marina | 1 for each 2 boat slips | |
Office not for a doctor or dentist | 1 per 400 square feet of gross floor area exclusive of bulk storage and utility areas | |
Office of a doctor or dentist | 4 for each doctor or dentist, plus 1 for each 2 employees | |
Theater and auditoriums | 1 for each 4 seats | |
Educational facility | 1 for each 2 classroom seats plus 1 for each staff member on the maximum shift | |
Bed-and-breakfast facility | 1 per guest room plus 2 for the required manager's dwelling unit | |
Artist loft | 1 parking space per artist loft | |
Day-care center or school-age child care | As a principal use, 1 parking space per 10 on the maximum shift plus 1 parking space per employee on the maximum shift | |
Hotel | 1 per room, plus 2 for the live-in manager-caretaker (if any), plus 1 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 150 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above. The Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission | |
Able to achieve LEED certified hotel and motel | 1 per room, plus 2 for the live-in manager-caretaker (if any), plus 0.50 per employee on the maximum shift, plus 1 per 300 square feet of gross retail or service floor area, plus 1 per 150 square feet of restaurant patron area, plus the number of parking spaces determined by the Planning Commission to be appropriate for any use not specifically identified above; the Planning Commission may waive a portion of the parking requirement if, in its sole authority, the Commission determines, based upon a showing by the applicant, that such a waiver is warranted due to variation in the probable times of maximum use by employees and guests or such other evidence as is provided by the applicant to the satisfaction of the Planning Commission | |
Libraries | 1 for each 500 square feet of gross floor area plus 1 per employee on the maximum shift | |
Museum | 1 for each 1,000 square feet of gross floor area plus 1 per employee on the maximum shift | |
Residential | ||
Studio | 1.0 | |
1-bedroom | 1.25 | |
2-bedroom | 1.5 | |
3-bedroom or more | 2.0 | |
When boat slips are provided as part of the development, an additional 0.5 parking space shall be provided per boat slip | ||
Uses not listed | As determined by the Planning Commission to be needed to discourage long-term on-street parking |
(b)
All or portions of the off-street parking requirements may be waived by the Planning Commission upon an affirmative finding that the following conditions have been satisfied:
[1]
The proposed use is within 500 feet for residential or 1,000 feet for other uses of a municipally operated off-street parking facility, such distance to be measured from the midpoint of the front street lot line.
[2]
The Planning Commission shall, at the time of site plan approval, certify on such plan that the municipally operated off-street parking facility has adequate capacity for storage of passenger vehicles generated by activities proposed to be conducted on the subject lot in addition to those generated by any other uses already serviced or programmed by such off-street parking facility.
[3]
On parcels less than 10,000 square feet, if parking adequate to meet the standards of this chapter, as determined by the Planning Commission, is available within 1,000 feet, a payment in lieu of providing off-street parking shall be made to the City in amounts set by the Common Council for each required space that is waived. This payment will be deposited in a special parking fund, to be used solely for the purpose of providing off-street parking in the Waterfront District.
[4]
On parcels 10,000 square feet or greater, if parking adequate to meet the standards of this chapter, as determined by the Planning Commission, is available within 500 feet for residential or 1,000 feet for other uses, a maximum of 20% of the required parking can be waived upon payment of a fee in amounts set by the Common Council for each required space that is waived.
[5]
Where two or more uses exist on the same lot, the total amount of parking space to be provided shall be the sum of the requirements for each individual use on the lot. However, the total parking requirement may be reduced if a shared parking analysis demonstrates to the Planning Commission's satisfaction that such shared parking will be adequate to service all uses within the site.
[6]
The Common Council may waive the above fee requirements if parking adequate to meet the standards of this chapter, as determined by the Planning Commission, is provided within 500 feet for a residential use or 1,000 feet for other uses or if other appropriate arrangements, as determined by the Planning Commission, can be made for private off-site parking within 500 feet for residential use or 1,000 feet for other uses.
[7]
The Planning Commission may reduce the off-street parking requirements by up to 15% where the development is within one-third of a mile of the Peekskill train station.
(3)
Bicycle parking. The Planning Commission may require the provision of appropriate bicycle parking (secure bicycle storage areas, bike lockers, and/or bike racks) for larger residential, commercial, or mixed-use projects.
I.
Off-street loading requirements. All off-street loading shall take place on the lot of the principal use. Loading units shall be provided in accordance with § 575-22F. None of the loading areas may front on the street, This requirement may be reduced or waived by the Planning Commission where it determines that, as a result of the size of trucks, number of trucks and frequency of deliveries associated with the use, such waiver will have no negative impact upon traffic, parking and pedestrian safety.
J.
Special design district. This district shall constitute a special design district under § 575-56B(1)(d).
K.
Site plan review. The Design Guidelines for the Waterfront District are hereby deemed additional criteria for the evaluation of applications for site plan approval.[7] In reviewing site plans which do not require a special permit, pursuant to this section, the Planning Commission shall consider the design guidelines for the WF District, and no site plan shall be approved unless the Planning Commission first makes an affirmative finding that a site plan is consistent with the Design Guidelines to the maximum extent possible.
[7]
Editor's Note: The Design Guidelines for the Waterfront District are included as an attachment to this chapter.
L.
Special permit and site plan application procedures.
(1)
The applicant shall submit a preliminary site plan map at a minimum scale of one inch equals 30 feet to the Director of Planning. The preliminary site plan, which shall be accompanied by a special permit application, shall clearly show the following:
[Amended 12-11-2023 by L.L. No. 8-2023]
(a)
The disposition of various land uses and the area covered by each, in acres.
(b)
The general outline of the interior road system and all existing and proposed rights-of-way and easements, whether public or private.
(c)
Calculation and delineation of areas covered by bodies of water, slopes of 20% and over and rock outcroppings as defined in § 575-28E(4)(b).
(d)
Delineating of the various residential areas, indicating the number of dwelling units by each housing type: attached dwellings, garden apartments and mid-rise apartments, plus a calculation of the parcel density in dwelling units per gross parcel acreage.
(e)
The interior common open space system and a statement as to how it is to be preserved as such throughout the life of any portion of the planned residential development and how it is to be owned and maintained.
(g)
Evidence and documentation demonstrating compliance with the goals and standards of the WF Zoning District.
(2)
The Director of Planning shall review the preliminary site plan and all related documents and, within 30 days of its submission, shall certify as to whether the application is complete and whether the proposal meets all the general requirements herein. If the application is not complete or does not meet these general requirements, it shall be returned to the applicant with the deficiencies noted.
[Amended 12-11-2023 by L.L. No. 8-2023]
(3)
Following certification as outlined in Subsection L(2) above, the Director of Planning shall forward the application to the Common Council. The Common Council shall refer the application to the Planning Commission for a recommendation on the special permit and review of the preliminary plan. The Planning Commission shall render and issue a report recommending either approval, denial or approval with conditions within 45 days of the date of referral by the Common Council. Upon request of the Planning Commission, the Common Council may extend the time for a report for an additional 45 days.
[Amended 12-11-2023 by L.L. No. 8-2023]
(a)
Findings. The report shall, at a minimum, include the following findings:
[1]
That the proposal conforms to the Comprehensive Plan, as amended, duly adopted by the Peekskill Planning Commission.
[2]
That the proposal meets all of the general requirements of Subsection L and is consistent to the maximum extent possible with the Design Guidelines.
[3]
That the proposal is conceptually sound in that it meets community needs in the layout of the proposed functional roadway system, in its land use configuration, open space and drainage systems and in the scale of the elements, both absolute and as they relate to one another.
(b)
A report recommending denial shall state clearly the reasons therefor.
(4)
Application for final site plan and, where appropriate, plat approval shall conform to the requirements described in § 575-28E(11), (12), (13) and (14).