Piermont Village City Zoning Code
ARTICLE XIA
RD Riverfront District
[Added 4-12-1988 by L.L. No. 2-1988; amended 5-9-1995 by L.L. No. 9-1995; 5-16-1995 by L.L. No. 11-1995; 11-21-1996 by L.L. No. 11-1996; 6-3-1997 by L.L. No. 2-1997; 11-18-1997 by L.L. No. 7-1997; 12-2-1997 by L.L. No. 8-1997; 12-2-1997 by L.L. No. 10-1997; 3-9-1998 by L.L. No. 3-1998; 9-22-1998 by L.L. No. 8-1998]
§ 210-67.1 Intent and objectives.
A.
It is the intent of the RD District to provide performance criteria in the context of flexible use and design regulations, incorporating a variety of compatible residential and nonresidential uses which are planned and developed as a comprehensive development plan.
B.
It is the objective of this district to permit a variety of riverfront-enhanced uses and to encourage a mix of such uses to maximize the potential of the site. It is the intent to ensure that development in this area will be an asset to the Village as a whole.
C.
The RD District shall be divided into two areas, RD-East and RD-West.
D.
In order to achieve these objectives, performance criteria are provided to allow for flexibility for the developer to create a development plan without regard to unnecessarily rigid lot and bulk regulations.
E.
Among the objectives which should be achieved by development in this zone are the following. (Specific design goals and objectives are established in § 210-67.10.)
(1)
A development pattern that is in harmony with the Village and is a natural extension of the existing Village.
(2)
A creative use of land so as to establish a more desirable living environment than would be possible through the strict application of other sections of this chapter.
(3)
The preservation of outstanding natural features, significant geological and historical features and other features of scenic and ecological value and the prevention of soil erosion and the minimization of flood hazard and the preservation of major stands of trees.
(4)
Innovation, flexibility and variety in the type, design and layout of residential housing so as to permit a variety in the choice of housing type, living environment, occupancy, tenure and housing cost.
(5)
The maximum provision of community, recreational and other facilities, such as open space, as integral parts of the community as a whole.
§ 210-67.2 Permitted uses.
A.
The following uses shall be permitted by right in the RD-East District:
(1)
Detached, attached and semiattached dwelling units.
(2)
Multifamily dwelling units.
B.
The following uses shall be permitted by right in the RD-West District:
(1)
Fishing equipment and marine-related supply stores.
(2)
Household appliances and electronic equipment stores (not requiring delivery from the facility).
(3)
Establishments for the sale of musical instruments, sheet music, manuscripts, records and audio tapes.
(4)
Retail dry-cleaning establishments (no cleaning to be done on premises).
(5)
Coin-operated laundry facilities.
(6)
Beauty parlors and barbershops.
(7)
Banks and financial institutions.
(8)
Florist and garden shops.
(9)
Professional and business offices.
(10)
Pharmacies.
(11)
Stationery stores.
(12)
Clothing and apparel stores.
(13)
Bookstores.
(14)
Hardware and garden supply stores.
(15)
Establishments for the sale of wine and liquor.
(16)
Travel and insurance agencies.
(17)
Jewelry, novelty and handicrafts stores.
(18)
Art and antique stores.
(19)
Parks and playgrounds.
§ 210-67.3 Uses permitted by special permit in the RD-East District.
The following uses shall be permitted by special permit in the RD-East District: none.
§ 210-67.4 Uses permitted by special permit in the RD-West District.
A.
The following uses shall be permitted in the RD-West District by a special permit issued by the Board of Trustees and shall be subject to the provisions of Article XIII:
(1)
Multifamily dwelling units above commercial uses.
(2)
Automotive supplies (no gasoline, tires or repair services).
(3)
Auctions of any kind.
(4)
Boat and marine sales, rental, repairs and services.
(5)
Home-furnishing stores.
(6)
Establishments for the sale of food and beverages, including catering establishments and restaurants (not including supermarkets or fast-food establishments).
(7)
Luncheonettes (not including fast-food establishments).
(8)
Government offices and public buildings.
B.
No uses either by right or by special permit shall be permitted above the first floor except residential dwellings.
§ 210-67.5 Permitted accessory uses.
A.
The following uses shall be permitted accessory uses in the RD-East and RD-West Districts:
(1)
Tennis courts.
(2)
Indoor swimming pools.
(3)
Recreational and exercise facilities, including locker rooms, shower facilities, cabanas and similar facilities.
(4)
Accessory interior or exterior parking, including driveways and garages. Notwithstanding the foregoing, no garages or multilevel parking structures shall be permitted in the RD-West District except as accessory to the five residential uses in the approved townhouses in the RD-West District.
(5)
Accessory signs, pursuant to Village requirements.
(6)
Servicing of goods accessory to uses permitted in the district shall be in a completely enclosed building.
(7)
Temporary sales offices and temporary structures used in connection with construction.
(8)
Accessory kitchen and food preparation facilities for food-service establishments.
(9)
Greenhouses, decks, terraces and boardwalks.
(10)
Gazebos.
(11)
Accessory meeting rooms.
(12)
Accessory laundry facilities for dwelling units.
(13)
Accessory storage and parking in buildings existing as of the date of enactment of this chapter.
(14)
Public and private plazas, landscaped areas and courtyards.
§ 210-67.6 Accessory uses permitted by special permit.
The following accessory uses shall be permitted in the RD District by a special permit issued by the Board of Trustees and shall be subject to the provisions of Article XIII:
A.
Customary home occupations conducted by a resident, provided that there is no external evidence of such use.
B.
Accessory outdoor seating areas for food establishments.
§ 210-67.7 Bulk requirements.
The following bulk requirements shall apply to all permitted uses and uses permitted by special permit in the entire RD District (East and West):
A.
The maximum permitted density of residential uses in the RD District (for overall site) is 317 units (263 in RD-East and 54 in RD-West).
B.
The maximum coverage of all buildings shall not exceed 30%.
C.
The maximum development coverage shall not exceed 60%. "Development coverage" is the percentage of the area of a lot covered by buildings, parking areas and any impervious surfaces.
D.
The minimum setback of all structures from the nearest property line shall be 35 feet. The Board of Trustees may modify this setback requirement, recognizing the unique design aspects of a development, provided that the modifications are not injurious to adjacent properties.
E.
The maximum building height shall not exceed three stories or 35 feet. In the case of the adaptive reuse of historic buildings or structures erected prior to 1930, this limit may be increased by the Board of Trustees to a building height of 64 feet, provided that the volume of such building or structure has been reduced by at least 20% and given that some or all of the amenities listed below are provided:
(1)
Additional off-street parking.
(2)
Additional open space.
(3)
Additional setback at grade or above.
(4)
Appropriate landscaping of special merit.
(5)
Plazas and other design amenities.
F.
Maximum floor area. The maximum floor area for retail, service and commercial uses in the RD District shall not exceed 55,000 square feet. The maximum floor area for service uses in the RD District shall not exceed 12,000 square feet.
§ 210-67.8 Off-street parking and loading requirements; waivers.
A.
The following shall be the minimum requirements for accessory parking spaces in the RD District:
(1)
Residential uses:
(a)
For each efficiency unit: 1.5 spaces.
(b)
For each one- to three-bedroom unit: 2.0 spaces.
(2)
Retail uses: one space for every 150 square feet of floor area.
(3)
Office uses: one space for every 250 square feet of floor area.
(4)
Restaurants: one space for every three seats.
B.
Partial waiver of parking requirement. Where the Board of Trustees determines, in connection with its review of a site development plan for the RD District, that less than the required number of parking spaces will satisfy the intent of this chapter because of variations in the probable time of maximum use by joint users, use of attendant parking or for any other reasons, the Board may waive all or a portion of the improvement, but not more than 1/3 of the total number of required parking spaces normally required. In all cases, it is the applicant's responsibility to demonstrate that a variation from the requirements is justified for the reasons stated above.
§ 210-67.9 Additional use requirements.
The following additional use requirements shall apply in the RD District (East and West):
A.
No single retail space shall occupy more than 8,000 square feet of space.
B.
The basement space of all buildings may only be devoted to accessory uses.
C.
All structures shall be located at least 50 feet from the center line of Ferry Road.
D.
No lighting or spotlighting shall be permitted which shall project light rays or glare beyond the lot line of the subject lot. All exterior illumination shall be so installed as to reflect light away from adjoining streets or residential properties so as to prevent any nuisance.
E.
No illumination of any kind shall be permitted for all outdoor recreational facilities.
F.
All entrances to the site shall be located where approved by the Board of Trustees and shall be located as to give consideration to the distances from any residential district boundary and the uses existing or permitted in such residential district.
G.
Tennis courts. No tennis courts shall be located, constructed or maintained on any lot or land area, except in conformity with the following requirements:
(1)
A tennis court shall not be located less than 20 feet from the side and rear lot lines.
(2)
No illumination of the facility of any kind shall be allowed.
(3)
Fences of a maximum of 12 feet in height may be allowed.
(4)
No loudspeaker or amplifying device shall be permitted.
§ 210-67.10 Design considerations.
All development plans should address the following design goals and objectives. These goals and objectives shall be considered by the Board of Trustees in addition to the specific requirements of this chapter.
A.
The amount of commercial development will enhance and not overwhelm existing businesses in the Village.
B.
Views to and from the Hudson River shall be maintained or enhanced.
C.
Physical and visual connection between the development and the existing Village should be demonstrated.
D.
Public access to the Hudson River shall be provided and enhanced by the development.
E.
Open space shall be created that is a benefit to the residents of the development and the entire Village.
F.
Buildings should be modest in scale and should be in harmony with the existing design and architecture of the Village.
G.
A variety of dwelling types should be provided, including the provision of housing that will meet the need of Piermont residents.
H.
Parking areas should be designed so that large parking fields will not occur.
I.
Visual privacy shall be assured to residents of the development and Village residents through the proper design of principal and accessory structures. Proper screening through the use of vegetation and or fencing shall be provided.
§ 210-67.11 Supplementary landscaping requirements.
A.
All portions of improved properties which are not used for buildings, structures, off-street parking and loading, permitted outdoor storage, sidewalks or similar purposes shall be appropriately landscaped with grass, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff and harmoniously blend such with the character of the Village.
B.
Landscape strips with a minimum width of 10 feet shall be provided along all property lines, except as required in § 210-67.7D of this chapter. Such landscape strips shall comply with the following minimum standards, as well as all applicable requirements set forth in this chapter:
(1)
The landscape strips shall include evergreen planting and other landscaping of such type, height, spacing and arrangement as, in the judgment of the Board of Trustees, will effectively screen the activity of the property from the neighboring uses.
(2)
Unless specifically required elsewhere in this chapter, a wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required landscape strips.
(3)
Where the existing topography and/or existing landscaping provides adequate screening, the Board of Trustees may waive or modify the planting and/or landscape requirements of this chapter.
C.
The selection, amount and location of all landscaping materials shall be subject to approval by the Board of Trustees, based upon the considerations of the adequacy of the proposed landscaping to serve its intended purpose with minimal maintenance problems, including plant care, snowplowing and leaf removal.
D.
The placement of landscaping shall create no obstruction to driver vision at critical traffic intersection areas.
E.
Maintenance. All fences, trees, plantings, shrubbery or other screening facilities required by direction of the Board of Trustees, Planning Board, Architectural Review Commission or by the Zoning Board of Appeals shall be maintained or replaced at all times at least to the same quality required of said items at the time they were initially installed.
§ 210-67.12 Ownership, maintenance and preservation of common property.
Where common property exists, the ownership, maintenance and preservation of such property shall be permanently assured to the satisfaction of the Board of Trustees.
§ 210-67.13 Site development plan and procedure.
A.
No building permit or certificate of occupancy shall be issued in the RD District except in accordance with a site development plan approved by the Board of Trustees. The Board of Trustees shall have exclusive jurisdiction with respect to site development plan review, which shall be in addition to the requirements of this article and shall also comply with the provisions of Article XIV of this chapter.
B.
Before taking final action on a site development plan, the Board of Trustees shall refer the preliminary site development plan to the Planning Board and the Architectural Review Commission for their reports and recommendations with respect to the final form of this site development plan. Said recommendations shall be made to the Board of Trustees within 45 days of the referral date. In their receptive reports, the Planning Board and Architectural Review Commission shall consider:
(1)
The proper placement and kind of landscaping and lighting fixtures;
(2)
Site grading; and
(3)
The appearance and design of buildings, walls, trees, signs, fences and street furniture.
C.
During the review process by the Board of Trustees and prior to final site development plan approval, the Board of Trustees, in its discretion, may authorize the Building Inspector to issue building permits to the applicant with respect to those items of the proposed development which have been approved.
D.
The permits which may be authorized shall include but not be limited to construction of foundation systems, structural systems and primary infrastructure. Nothing herein contained, however, shall authorize the issuance of a building permit with respect to items in Subsection B(1), (2) and (3) prior to the receipt of the reports and recommendations of the Planning Board and the Architectural Review Commission or the expiration of the forty-five-day referral period.