Poughkeepsie City Zoning Code
ARTICLE V
Town Center District Regulations
§ 210-22 Arlington Town Center (ATC) District.
[Amended 6-3-2009 by L.L. No. 24-2009; 7-1-2009 by L.L. No. 26-2009; 4-6-2011 by L.L. No. 8-2011; 11-16-2011 by L.L. No. 30-2011; 8-22-2012 by L.L. No. 16-2012; 5-20-2015 by L.L. No. 5-2015; 7-19-2017 by L.L. No. 13-2017; 8-21-2019 by L.L. No. 5-2019; 6-1-12022 by L.L. No. 2-2022; 7-5-2023 by L.L. No. 8-2023; 8-2-2023 by L.L. No. 9-2023; 4-17-2024 by L.L. No. 4-2024; 8-21-2024 by L.L. No. 8-2024; 11-6-2024 by L.L. No. 12-2024]
A.
District purpose. The district recognizes the Arlington area as a unique blend of residential and business land uses in close proximity to Vassar College. Land uses include established single-family, two-family, and multifamily development in close proximity to neighborhood-scale service and retail businesses within the Arlington area. An appropriate mixture of land uses is permitted; nonresidential uses that complement residential uses are encouraged. In addition, this district serves the following specific purposes:
(1)
Promote a mix of commercial and residential uses.
(2)
Promote the prominent positioning of civic buildings and central green spaces in order to enhance community identity and public interaction.
(3)
Promote pedestrian activity through a safe and walkable environment.
(4)
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(5)
Create an interconnected street system for both pedestrian and vehicular traffic.
(6)
Encourage the development of both on-street parking and shared parking areas between nearby uses.
(7)
Protect important natural and historic features.
(8)
Encourage the redevelopment and reuse of existing structures.
B.
Permitted uses. Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(4)
*Art galleries.
(5)
*Bank and financial services.
(6)
*Bakeries.
(7)
*Bed-and-breakfasts.
(9)
Community residential facility.
(10)
*Delicatessens.
(11)
*Dwellings, two-family.
(12)
Dwellings, single-family.
(14)
*Laundries, laundromats.
(15)
*Libraries.
(16)
*Museums.
(17)
*Offices.
(18)
*Personal service businesses, no drive-in or drive-through
(20)
*Retail businesses, no drive-in or drive-through.
(21)
*Service businesses, no drive-in or drive-through.
(22)
*Restaurants, no drive-in or drive-through.
(23)
*Supermarkets.
(24)
(Reserved)
(25)
*Theaters.
C.
Special uses. Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals; "^" designates a use that is subject to special use permit approval by the Town Board and site plan approval by the Planning Board.):
(1)
(Reserved)
(2)
*Adaptive reuse of existing residential structure for nonresidential use.
(5)
*Clinics.
(11)
*Multifamily dwellings, new construction, and mixed residential and nonresidential uses within multistory structures as part of a unified development on a single lot. See special rules below for the rehabilitation and reuse of existing, legal multifamily structures for multifamily use.
D.
Accessory uses shall be as follows:
E.
The area and bulk regulations for the ATC District shall be as follows:
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yarda (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
5,000 | 30 | 30 | 5 | 0 | 20 | 60% | 95% | 45 or 3 stories; over 45 feet or three stories up to 75 feet or 5 stories by special use permit |
NOTE: | |
|---|---|
a | Front yard exceptions. In an area where the average existing front yard setback for structures along the street is less than five feet, a structure may be erected less than five feet from the street line, provided that no building or part thereof shall be erected nearer to any street line than the average alignment of existing buildings within 200 feet on each side of the lot. |
(1)
On a lot, no single retail use shall occupy ground floor space in excess of 8,000 square feet. The continuous ground level frontage of a single commercial use building in excess of 40 feet in length along any frontage exposed to a street, public space or parking area and ground level commercial uses larger than 4,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use.
(2)
Maximum residential dwelling unit density. Residential density shall not exceed six dwelling units per acre. Notwithstanding, a residential density of up to eight units per acre may be constructed subject to special permit approval by the Planning Board. In addition, residential dwelling units located immediately above a ground-floor, second-floor, or third-floor nonresidential use shall not be counted against the maximum residential dwelling unit density, provided the building meets applicable coverage and open space requirements, sufficient parking for the residential uses is provided, and open space is set aside for the dwelling units as provided herein.
(3)
Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board.
(4)
The rehabilitation and reuse of existing multifamily structures for multifamily use shall be exempt from the area and bulk regulations of the ATC District and the minimum parking requirements of this chapter, and shall be exempt from special permit review and site plan review under this chapter, and the maximum residential dwelling unit density may be as high as 12 units per acre, provided:
(a)
The multifamily use and/or structure is legally conforming or legally nonconforming as of the date of adoption of this chapter; and
(b)
The rehabilitation does not involve an expansion of the existing building so as to increase its floor area or that of any accessory structures on the property; and
(c)
No dwelling unit within the multifamily structure shall contain more than two bedrooms.
(d)
No dwelling unit is less than 600 gross square feet.
F.
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the ATC District. The Planning Board shall use its discretion as to the applicability of these guidelines to an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein.
(1)
The Planning Board is empowered to require a mix of uses in any development project. Further, the Planning Board is empowered to require that a development be phased to ensure the required mix of uses is implemented. In considering a mixed residential and nonresidential development proposed for a single lot or as part of a unified development on several lots, the Planning Board shall ensure that the percentage of floor area devoted to residential uses does not, generally, exceed 80% of the total floor area of a proposed development.
 |
(2)
Single-story buildings are prohibited. Two- or three-story buildings are required for all residential and business use structures throughout the entire ATC District. Larger-scale facilities (conference spaces, theaters, supermarkets or department stores, for example) shall occur behind smaller-scale buildings or storefronts with pedestrian orientation.
(3)
The establishment of mixed-use, multistory dwellings is the preferred form of use.
(4)
New or in-fill construction shall be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(5)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(6)
Shrubbery shall be no higher than four feet above existing street grades, nor shall any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times.
(7)
Where parking lots and drives abut the landscaped strip along the street right-of-way, evergreen shrubs and/or a three-foot stone wall, as approved by the Planning Board, should be provided for screening. The screening should be a plant species that is a minimum of three feet high and a maximum of six feet high, and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility lines.
(8)
For uses involving an adaptive reuse conversion of a residential structure to nonresidential use, the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the nonresidential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board.
 |
(9)
Sidewalks shall be provided as a design element of all new and redeveloped streets. Street trees shall be provided, and all street trees should be tolerant of urban condition, especially salt and sand deposited with snow removal. Mulched tree wells should be placed around the base of each tree for protection and moisture retention. Property owners shall have responsibility for planting and maintaining trees along the street frontage(s) within the Town's right-of-way. The sidewalks shall be not less than five feet in width, shall be concrete, and shall be separated from the street by a tree lawn at least five feet wide. In approving sidewalks, the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively, the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(10)
The Planning Board may waive height and setback requirements for designated historic civic buildings, including government buildings, churches, schools, or libraries.
(11)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(12)
Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(13)
Any large building facade and the sides visible from the street corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(14)
The utilization of ribbon or continuous strip glazing in any building facade is prohibited.
(15)
The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use. In order to facilitate fewer curb cuts, shared driveways should be used for access to parking lots behind buildings. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval. Where appropriate, the Planning Board may allow on-street parking, provided the street width is adequate to safely accommodate on-street parking. Service alleys should access practicable, off-street parking spaces for residential uses.
 |
Use landscaping, such as hedges, shrubs, or low walls of stone, brick, wood, wrought iron, or an acceptable substitute, to screen parking and create an edge along the sidewalk. |
(16)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from walkways and streets utilizing vegetation and/or fencing.
(17)
Residential rear access lanes should be used for access to garages and parking lots behind buildings.
(18)
Where practicable, new buildings adjacent to existing structures shall be designed in a manner consistent with the general architectural features of such existing structures in terms of form, materials, and fenestration and roof shape.
(19)
New or in-fill buildings shall be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(20)
Subject to Town Board approval, new streets should connect to existing streets and use a block system to avoid dead-ends whenever practicable.
(21)
Restaurants may be permitted to operate outdoor cafes in front of and on public sidewalks as long as at least seven feet between the seating area and the curb are maintained free for sidewalk passage.
(22)
A retail business may be permitted to have a temporary sidewalk display of store merchandise of up to 25% of its sidewalk frontage.
(23)
Streetlights and other lighting shall not exceed 15 feet in height. Lighting shall be metal halide or other full-spectrum fixture and should avoid illumination above the horizontal level into the night sky. All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines.
(24)
Where allowed, drive-in and drive-through windows, lanes and facilities shall be located to the rear of the principal building(s).
(25)
The Planning Board may, at its sole discretion, approve the joint use of a parking facility and allow a reduction in the parking requirement of up to 50% for two or more principal buildings or uses, either on the same, adjacent, or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by patrons or employees among such establishments (offset peak parking demand). There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use.
(26)
Loading and delivery areas may be shared between nearby uses, and shall be determined by the Planning Board on a case-by-case basis.
G.
Main Street Drive-In Overlay District (MSDOD).
(1)
Overlay District purpose. Within the Arlington Town Center (ATC) District, drive-in and drive-through uses, as defined in § 210-9, are prohibited as out of keeping with the pedestrian, bicycle, low vehicle speed character of the ATC District. By their nature, uses that deliver services and goods to drivers via a drive-in/drive-through generate vehicular traffic that can compete with, and conflict with, the movement of pedestrians and bicyclists in high-density mixed-use areas such as the ATC District. The prohibition on the establishment of new drive-in/drive-through uses in the ATC District is intended to encourage businesses that are not largely automobile dependent and that would facilitate the movement of patrons between local business by foot or bicycle. It is recognized, however, that the Main Street section of the ATC District presently contains several long-established business that have drive-in/drive-through uses. The type of business uses and the relatively low number of residential uses along Main Street also make this part of the ATC District uniquely different from the ATC District south of Main Street to warrant, on a case-by-case basis, consideration for the establishment of new drive-in/drive-through uses on existing lots on Main Street and including those lots having frontage on Haight Avenue (i.e., the east-bound arterial). A Main Street Drive-In Overlay District (MSDOD) designation may be permitted, at the sole discretion of the Town Board, as a Zoning Map amendment, subject to such additional terms and conditions as the Town Board may require, at locations within the Arlington Town Center (ATC) District which meet the specific requirements as set forth herein.
(2)
Specific requirements. An application for a Main Street Drive-In Overlay District designation shall be subject to the following specific requirements:
(a)
Eligible lot. To be eligible for MSDOD designation, the lot shall meet the following criteria:
[1]
The entirety of the lot shall be within the Arlington Town Center (ATC) District; and
[2]
The lot shall have a minimum area of not less than 0.5 acre; and
[3]
The lot shall have not less than 100 feet of frontage on Main Street and/or Haight Avenue. Such frontage requirement may be met by combining the lot frontage on Main Street and Haight Avenue where the lot has frontage on both streets; and
(b)
Design preference. In its review of an application for a Main Street Drive-In Overlay District designation, the Town Board shall give preference to the following:
[1]
A site design for a corner lot wherein the site ingress is via Main Street and site egress is via an adjoining public street.
[2]
A site design wherein the lanes providing ingress and egress to the site are joined as a single curb cut rather than split into two separate curb cuts (i.e., as in a horseshoe or "U" shape).
[3]
A site design that incorporates a pedestrian sidewalk from the public sidewalk at the street to the front entrance of the building.
[4]
A site design that provides screening (i.e., landscaping or fencing) of the drive-through facility.
[5]
A site design that provides adequate vehicle stacking for the drive-in lane to ensure that vehicles are not queued so as to cause, or likely to cause, blockage of sidewalks or the travel lanes of Main Street or Haight Avenue.
(3)
Procedure. The review and approval of an application for a Main Street Drive-In Overlay District designation shall be as follows:
(a)
Town Board review. An application for a Main Street Drive-In Overlay District designation shall be submitted to the Town Board. Upon receipt of an application, the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered and shall refer the application to the Planning Board and to the County Planning Department for review and recommendation. The applicant or the applicant's representatives shall be present at meetings of the Town Board at which the application is to be considered.
(b)
Planning Board review. Within 90 days of receipt of the application from the Town Board, the Planning Board shall make a recommendation to the Town Board as to whether, in the opinion of the Planning Board, the application supports a Main Street Drive-In Overlay District designation. The applicant or the applicant's representatives shall be present at the meetings of the Planning Board at which the application is to be considered. The time period for receipt of the recommendation shall be suspended where the Planning Board has been designated as the lead agency to coordinate the environmental review of the application pursuant to Article 8 of the Environmental Conservation Law until the Board has either issued a negative declaration or accepted a draft environmental impact statement as complete.
(c)
SEQRA review. No application for a Main Street Drive-In Overlay District designation shall be complete until a lead agency is established and a negative declaration has been issued or a draft environmental impact statement has been issued by the lead agency as satisfactory with respect to scope, content and adequacy.
(d)
Town Board action. Within 62 days of receipt of the Planning Board's recommendation, the Town Board shall hold a public hearing on the application for a Main Street Drive-In Overlay District designation. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the date set for the public hearing. A public hearing on the application shall also be coordinated with any public hearing on a draft environmental impact statement. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a Main Street Drive-In Overlay District designation is under consideration by the Board. All notices shall include the name of the application, the location of the site requested for designation, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. Within 62 days of the close of the public hearing, the Town Board shall act to approve or disapprove the application for a Main Street Drive-In Overlay District designation. The time within which the Board must render its decision may be extended for such additional time as the Board may deem reasonable or necessary to render a decision. The failure of the Board to take action within 62 days of the close of the public hearing, or within such additional time period as may be agreed to or established by the Board, shall not result, and shall not be construed to result, in a default approval of the application. The Board may, if it feels necessary to fully protect the public health, safety and welfare of the community, attach to the designation any reasonable conditions or requirements for the applicant to meet. The decision of the Board shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered, and a copy thereof shall be mailed to the applicant. The zoning amendment shall become effective as of the date of filing with the New York State Department of State.
(e)
Site plan approval. Site Plan review and approval by the Planning Board, as provided in Article XIII of this chapter, shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(f)
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved subdivision plat shall also require subdivision reapproval.
(g)
Conformity with overlay district designation required. The Planning Board shall not approve any site plan and/or subdivision that is not in substantial conformance with the Main Street Drive-In Overlay District designation granted by the Town Board or with any conditions imposed upon such designation.
(h)
Time limits. If construction work on the proposed development is not begun within two years of the date of the Town Board approval of the Main Street Drive-In Overlay District and completed within two years of the date of Planning Board site plan and/or subdivision approval, then such designation shall become null and void, and all rights therein shall cease, unless the Town Board, for good cause shown, authorizes an extension.
§ 210-23 South Hills Center (SHC) District.
A.
District purpose. This district defines the area along State Route 9 known as the ”South Hills Mall.” This site has been developed for commercial use since the 1970s, and the following regulations are intended to support the commercial redevelopment of this strategically located property. This district serves the following specific purposes:
(1)
Promote a mix of business and commercial uses in multistory buildings.
(2)
Promote pedestrian activity through a safe and walkable environment and establish connections to existing adjacent residential neighborhoods.
(3)
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular traffic.
(5)
Encourage the development of both on-street parking and shared parking areas between nearby uses.
B.
Permitted uses. Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(3)
*Bank and financial services.
(4)
*Bakeries, retail, wholesale.
(7)
*Clinics.
(8)
*Delicatessens.
(9)
*Health clubs.
(10)
*Indoor recreation.
(11)
*Offices.
(12)
*Personal service business, no drive-in or drive-through.
(13)
*Retail businesses, no drive-in or drive-through.
(14)
*Restaurants, no drive-in or drive-through.
(15)
*Service businesses, no drive-in or drive-through.
(16)
*Shopping centers.
(17)
*Supermarkets.
(18)
*Theaters.
C.
Special uses. Special permitted uses shall be as follows (Note: "*" designates a use which is also subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the SHC District shall be as follows:
[Amended 4-9-2008 by L.L. No. 7-2008; 4-6-2011 by L.L. No. 8-2011]
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
10,000 | 50 | 50 | 5 | 0 | 20 | 30% | 90% | 45 or 3 stories |
(1)
On a lot, no single retail use shall occupy ground floor space in excess of 90,000 square feet.
(2)
The continuous ground level frontage of a single commercial use building in excess of 150 feet in length along any frontage exposed to a street, public space or parking area and ground-level commercial uses larger than 45,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use.
(3)
Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board.
(4)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
(5)
A landscaped setback of not less than 30 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the nonresidential development abuts a property in residential use, in which case the setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction
F.
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the SHC District. The Planning Board shall use its discretion as to the applicability of these guidelines to an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein:
(1)
The Planning Board is empowered to require a mix of business and commercial uses in any development project. Further, the Planning Board is empowered to require that a development be phased to ensure the required mix of uses is implemented.
(2)
Two- and three-story buildings designed to accommodate retail, office and service business uses are required for the entire SHC District. Buildings shall be located close to existing and proposed street lines, with parking oriented to the rear of the principal structures.
(3)
New or in-fill construction shall be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(4)
Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross-easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval. Where appropriate, the Planning Board may allow on-street parking, provided the street width is adequate to safely accommodate on-street parking. Service alleys should access practicable, off-street parking spaces for residential uses.
(5)
Shrubbery shall be no higher than four feet above existing street grades, nor shall any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times.
(6)
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(7)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(8)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing in any building facade is prohibited.
(10)
The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements shall result in an overall design that complements the existing character of the streetscape.
(11)
Any large building facade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(12)
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(13)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(14)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(15)
Drive-in and drive-through facilities shall be located to the rear of buildings, and landscaping shall be used to reduce the visibility of such facilities.
(16)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
§ 210-24 Crown Heights Center Overlay (CHCO) District.
[Amended 3-24-2010 by L.L. No. 5-2010; 12-22-2010 by L.L. No. 3-2011]
A.
District purpose. This overlay district is a supplement to the underlying zoning districts for the area along State Route 9 known as "Crown Heights," which was developed for industrial, office, and retail uses for many decades. Many of these properties are in a dilapidated, obsolete and blighted condition, and this overlay district is intended to encourage the redevelopment of properties within the overlay for mixed residential and commercial uses in a traditional neighborhood district setting while encouraging the phasing out of the underlying B-H, O-R, R-M District regulations as applied to properties located within the overlay district. The following regulations are intended to support the redevelopment of the properties located within the overlay district. This district serves to encourage the use of the approval procedure of this section to achieve the following specific purposes:
(1)
A mix of residential and nonresidential uses in multistory and some limited single-story buildings designed as an integrated community spanning both sides of Route 9.
(2)
Promote pedestrian activity through a safe and walkable environment, encourage the development of parks and greenspaces and establish connections to existing or future adjacent residential neighborhoods and commercial developments.
(3)
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular traffic.
(5)
Encourage the development of both on-street parking and shared parking areas between nearby uses.
(6)
Establish a walkable area which promotes development and redevelopment of vacant and obsolete buildings and the phasing out of less desirable uses.
(7)
Promote an adequate critical mass of employees, shoppers and residents within a five- to ten-minute walk of the CHCO District which encourages people to park and then walk because walking becomes more convenient than driving for short trips within the core.
(8)
Promote a retail shopping and business environment that is not strip-retail-oriented, where shoppers park once and walk between adjoining commercial uses where the buildings are primarily connected to each other or use zero lot lines.
(9)
Surround the CHCO District with primarily residential neighborhoods developed in a traditional neighborhood design where residents can conveniently walk in less than 10 minutes to the core, thus reducing vehicular trips in the Route 9 corridor for daily services and creating a neighborhood vibrancy found only in a walkable community, and facilitate interconnection with clustered residential development on adjoining residentially zoned lands at the perimeter of the CHCO District.
(10)
Provide public gathering spaces such as central greens and centerpiece civic buildings in prominent locations to promote community identity, public activities and programmed events such as fairs, festivals and cultural functions.
(11)
Provide for a diverse range of housing options within walkable proximity to employment, retail, services and community facilities, including single-family dwellings, two-family dwellings, and multifamily dwellings.
[Amended 4-17-2024 by L.L. No. 4-2024]
(12)
Preserve, enhance and incorporate natural and historic features in order to enhance a sense of place, greenway connections and natural edge conditions.
(13)
Acknowledge the unique and separate setting and circumstances of the areas of the Crown Heights Center located on the east and west sides of Route 9, and foster development which enhances the possibilities of each unique setting.
B.
District boundaries. Because of the somewhat differing circumstances relating to the two sides of Route 9, the Crown Heights Center Overlay has been divided into two districts, each having as its center point a location on the center line of Route 9 exactly 200 feet south of Mile Marker 1114:
(1)
Crown Heights Center Overlay West District: a primary development area extending a radius of 880 feet from the center point, and a secondary development area extending a radius of 1,100 feet from the center point (hereinafter "CHCO West District"). This district also has an extension, the Crown Heights Center Extended Overlay District (CHCO EO), shown on the Zoning Map that is subject to additional regulations set forth later in this section. The reasons for the CHCO West District are as follows:
(a)
The Crown Heights Center on the west side of Route 9 does not have a large, contiguous open space or recreation area buffer between the town center and the nearest residential properties. The town center boundary on the west side is located much closer (approximately 700 feet) to the existing residences along Nassau Road, Marwood Drive, and Marino Road, and along South Gate Drive and Oriole Lane and incorporates some single-family residences into the town center. This residential area, locally referred to as "Nassau," was originally established as a high-density single-family neighborhood on lots of 1/5 to 1/4 of an acre. The homes tend to be somewhat smaller than those on the east side of Route 9. The higher-density scale of existing residential development on the west side of Route 9 obviates the need for a transitional area between the existing residential neighborhood and the town center.
(2)
Crown Heights Center Overlay East District: a primary development area extending a radius of 1,100 feet from the center point (hereinafter "CHCO East District"). The reasons for the CHCO East District are as follows:
(a)
The Crown Heights Center on the east side of Route 9 is proximate to the former IBM Country Club building, which could in the future be used for civic, municipal, library, or similar uses. The planning for the east side would allow for the integration of these potential uses into a town center. The Crown Heights Center East District also includes a portion of the Casperkill Golf Course, with development of a viable town center likely to require a reconfiguration and relocation of some of the golf holes within or near the center boundary. This reconfiguration/relocation should take place in a way that maximizes the recreational value of the golf course in the context of the overall redevelopment of the town center and surrounding lands. Because of the strong desirability of preserving and enhancing the golf course as a recreational amenity, the Planning Board should be given wider discretion to authorize placement of residential units both in the town center and within the golf course area in a way that appropriately integrates the residential units around the golf course area in a way that allows the best possible connection, by walkway, bicycle trail, or car, if necessary, into the town center, and optimizes good design, availability of views, and other factors to assist in maintaining the golf course as a viable recreational facility. It is expected that residents living within the golfing community will readily use the walkways and bicycle trails to access the town center, even if the distances are more than a ten-minute walk. The land area available for a comprehensive development plan is also much larger on the east side of Route 9 than on the west, with the distances to the nearest existing residences to the north and east of the town center varying from 1,200 feet to 5,600 feet. These existing residences are located on lots of 1/2 acre and more, larger than the residential lots within and surrounding the town center are likely to be. The residential areas around Kingwood Park, Casperkill Drive, Saddle Rock Road, King George Road, Spur Road, Nob Hill, Deer Run Road, Scofield Heights, Collette Drive and Brookland Farms Road, for example, are developed for lower-density single-family use on large lots with large homes. As a result of the large distance from the town center area and the neighboring homes, it is appropriate that the development of land on the east side of Route 9 incorporate a "transition area" from the town center to the outlying areas which include the golf course. In this transition area, the homes may be somewhat larger than those which would be located in the town center itself. The homes and the commercial uses, such as a conference center hotel, would also be placed in a manner to incorporate views over the golf course, and support the economic viability of retention of the golf course as a community recreational resource.
C.
Except as otherwise indicated, permitted principal and accessory uses within the CHCO West District and CHCO East District shall be as follows. Any proposed CHCO development shall follow the procedures for Town Board review as set forth in Subsection D below. Any CHCO uses shall also require site plan review and approval by the Planning Board in accordance with § 210-150 of this chapter, and subdivision review and approval by the Planning Board, if applicable, in accordance with Chapter 177.
(2)
Accessory buildings and structures customary to the permitted principal uses.
(5)
Art galleries.
(6)
Bakery, retail.
(7)
Band stands, skating rinks, miniature golf, swimming pools.
(8)
Bank or financial services.
(9)
Bars; taverns.
(10)
Bus passenger shelters.
(11)
Bowling alleys.
(12)
Clinics.
(13)
Clubs, health and fitness.
(14)
Conference center hotels.
(15)
Convenience stores.
(16)
Country clubs.
(17)
Day-care centers.
(18)
Delicatessens.
(19)
Dwellings, two-family.
(20)
Dwellings, single-family, including attached and semi-detached units, and townhouse condominium dwellings.
(21)
Dwellings, multifamily, including townhouses, townhouse condominiums, apartments, and lofts.
(22)
Fraternal clubs.
(23)
Garages, commercial.
(24)
Golf courses.
(25)
Grocery stores.
(26)
Home occupations.
(27)
Indoor recreation uses.
(28)
Inns.
(29)
Dry cleaners.
(30)
Libraries and civic uses.
(31)
Medical offices.
(32)
Museums.
(34)
Offices.
(35)
Parks.
(36)
Parking lots.
(37)
Personal service businesses.
(38)
Places of religious worship.
(39)
Playgrounds.
(40)
Public utility structures.
(41)
Restaurants.
(42)
Retail businesses.
(43)
Service businesses.
(44)
Shopping centers.
(45)
Supermarkets, groceries, not to exceed 50,000 gross square feet.
(46)
Temporary buildings for construction purposes.
(47)
Theaters, playhouses.
D.
Town Board initial review of development plan. In order to encourage the orderly development of the CHCO District as a high-density mixed-use residential/commercial center, the following procedures shall apply:
(1)
Initial determinations by the Town Board: In lieu of the procedures set forth in § 210-66, neither the Planning Board nor the Zoning Board of Appeals, nor any other administrative agency, board, body, or officer of the Town of Poughkeepsie may receive, process, or determine applications for subdivision approval, site plan approval, special permit approval, use variances, area variances, aquatic resource permits, or any other land use approvals for property in the CHCO District without the prior determination by the Town Board under this section that the subject matter of the proposed application or applications is in technical compliance with the stated CHCO District purposes, stated permitted principal and accessory uses within the CHCO District, and density requirements of the CHCO District, as such purposes, uses, and density are set forth in Subsections A, C, and E of this section. This Town Board determination does not direct approval or limit or modify the authority otherwise existing under law for the receipt, processing and approval of any one or more applications by any boards, bodies and officers. This determination by the Town Board does not commit or direct any board, body, or officer of the Town to any course of future decisions. All obligations applicable under the New York State Environmental Quality Review Act (ECL Article 8 and the accompanying regulations in 6 NYCRR Part 617, as the same may be amended from time to time) shall be carried out by the agency, board, body, or officer receiving, processing and determining applications for approvals. The determination by the Town Board described in this section is a Type II action pursuant to 6 NYCRR 617.5(28), to wit, engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits a project sponsor to commence an action unless and until all requirements in Part 617 have been fulfilled, and, accordingly, such Town Board approval is not subject to review under Part 617. It is expected that the Town Board's determination of technical compliance will occur rapidly in order to allow the Planning Board to continue its review of the site plan and subdivision applications in order to avoid unnecessary delay. The Town Board shall issue its determination within 62 days of receipt of an application for a CHCO development project.
(2)
The use, area and bulk requirements of the underlying zoning districts for property within the CHCO Overlay District are, for any CHCO application, superseded by the use, area, and bulk requirements of this section, provided that no CHCO use shall be implemented until approvals are granted pursuant to this § 210-24. Upon the determination of the Town Board, as set forth in Subsection D(1) above, the Planning Board shall have the authority to receive and process an application for site plan, subdivision, special permit, and any other related approvals for a CHCO District development. Similarly, other agencies, boards, bodies, or officers may receive any applications relating to other aspects of a CHCO District development, in compliance with law. The location of principal and accessory uses, the architectural design and height of buildings, the minimum area and bulk requirements, maximum lot coverage, maximum impervious surface coverage and other area and bulk requirements shall be determined and approved by the Planning Board during site plan and subdivision review.
E.
The area and bulk regulations and supplemental regulations for the CHCO District shall be as follows:
Minimum Land Area Required (acres) | Minimum Lot Frontage (feet) | Minimum Lot Depth (feet) | |
|---|---|---|---|
10 | 300 | 400 |
(1)
The minimum land area of the original parcel may be comprised of one or more contiguous parcels of land owned by one or more owners, provided that the application for development master plan and site plan and subdivision approvals is presented as a unified plan under which each owner shall agree to participate in a common development scheme.
(2)
The use of traditional neighborhood development design is required. A mix of commercial uses and/or residential and commercial uses in all development projects is required. The Planning Board shall reject, and shall not process, any CHCO development application that does not include a mix of residential and nonresidential uses. Any application for a purely residential or a purely nonresidential development shall not be eligible for approval under this section as a CHCO development. The Planning Board, in approving any phased or staged CHCO development, shall also have authority to incorporate requirements to assure that the mixed-use character of the project is maintained throughout the course of development, and may enforce such requirements by appropriate means, including conditions, requirements of security, and withholding building permits and/or certificates of occupancy.
(3)
Minimum nonretail density. Within a CHCO project, not less than 25% of the gross area of all nonresidential space shall be nonretail uses such as offices, service and personal service business, health clubs, recreational uses, theaters, restaurants, civic uses, or other uses not principally devoted to sale of goods for removal from the premises, but excluding conference center hotels. Nothing herein shall be construed to prevent the development of a greater amount of nonretail commercial space than the minimum of 25% of all nonresidential floor area.
(4)
Maximum retail density. Within the CHCO District, no single retail use shall occupy ground floor space in excess of 70,000 square feet. The continuous ground level frontage of a single commercial use building in excess of 150 feet in length along any frontage exposed to a street, public space or parking area and ground level commercial uses larger than 40,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use. In addition, and regardless of the number of CHCO applications:
(a)
Within the CHCO East District, the total gross square footage of ground floor retail and nonretail space shall not exceed 200,000 square feet. (The gross square footage attributable to a conference center hotel shall be included in this limitation.) The total gross square footage of nonresidential space above the ground floor shall not exceed 200,000 square feet, no more than 50% of which may be devoted to retail use.
(b)
Within the CHCO West District, the total gross square footage of ground floor retail and nonretail space shall not exceed 200,000 square feet. (The gross square footage attributable to a conference center hotel shall be included in this limitation). The total gross square footage of nonresidential space above the ground floor shall not exceed 200,000 square feet, no more than 50% of which may be devoted to retail use.
(5)
Maximum residential dwelling unit density.
(a)
The maximum residential density within the CHCO East District shall not exceed four dwelling units per acre.
[1]
Overall unit cap for comprehensive development of CHCO East District and adjoining golf course lands. In order to encourage the comprehensive development of the CHCO East District properties and the adjoining golf course lands in a manner that will facilitate continued public use of the golf course lands, notwithstanding any other contrary provisions of the zoning law, the Planning Board may approve a development that represents the cumulative density as derived from the summing of all units allowed in all such districts, including incentive units, and may authorize a mix of units containing any number of the various residential unit types permitted in either district, and may authorize such units to be placed, constructed, and commingled, as appropriate, in all or any portion of one or more of such districts, as determined by the Planning Board in its discretion, with due regard for the reasons for the CHCO East District as set forth in Subsection B(2). However, in no event shall the total number of units in any such development project (including the CHCO and the golf course lands) exceed 350 units.
(b)
The maximum residential density within the CHCO West District primary development area shall not exceed four dwelling units per acre. No residential density is attributable to the CHCO West District secondary development area.
[1]
Within the CHCO West District, the land within the secondary development area shall not be used to calculate additional residential density. The purpose of the secondary development area is to allow additional land area for the placement of residential and nonresidential uses that cannot practically be constructed within the primary development area while not providing for additional residential density based on the additional land area of the secondary development area. Notwithstanding, residential units that might otherwise be constructed on land outside the CHCO West District but adjoining the secondary development area may be constructed within the secondary development area, provided such units are developed as part of an overall CHCO development plan.
(6)
Determination of parcel size. The Planning Board shall determine and shall establish, in its sole discretion, appropriate parcel sizes for any principal and accessory residential and nonresidential use as part of its site plan, subdivision, and special permit reviews, as applicable.
(7)
Changes to residential dwelling unit density within the CHCO District may only be approved by the Town Board and not by variance from the Zoning Board of Appeals.
(8)
Landscaping. Shrubbery and trees located at or near intersections shall not interfere with motorist visibility or impede or obstruct sight lines along roads, driveways or intersections. Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(9)
Building location and architecture. Buildings shall be located close to existing and proposed street lines, with parking oriented to the sides and rear of the principal structures where practicable. The architecture shall provide the appearance of two-story structures along most of the facade facing a street.
(10)
Maximum building height. Single-family dwellings shall be limited to 35 feet or 2.5 stories in height. Attached residential dwellings shall be limited to 50 feet or three stories. Multifamily dwellings shall be limited to 50 feet or three stories. Mixed-use (i.e., commercial and residential) buildings shall be limited to 65 feet or four stories, provided that no fewer than two stories within the building shall be residential only. Conference center hotels shall be limited to 50 feet or three stories. Commercial use only buildings shall not exceed 65 feet or four stories. Parking levels within any building shall not count as stories. A freestanding parking garage shall not exceed 45 feet.
(11)
Roof. Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof as viewed from street level. Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(12)
Roof-mounted equipment. All roof-mounted equipment shall be screened from street level utilizing screens of a height equal to the height of the unit.
(13)
Shared parking. Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross-easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval. Where appropriate, the Planning Board may allow on-street parking, provided the street width is adequate to safely accommodate on-street parking. Service alleys should access practicable, off-street parking spaces for residential uses. Shared parking can reduce cumulative parking requirements for the mixed-use district if it is demonstrated that peak requirements of various uses are complementary and occur at different times. For the purpose of enhancing design flexibility, including the enhancement of the visual appearance, and for the purpose of reducing the amount of lot area devoted to surface parking, the creation of structured parking in parking garages is permitted, and such parking garages shall not be required to satisfy rear, side yard or parking aisle width requirements contained in this district, provided there is an attempt to locate them in locations where a majority of the garage is shielded from Route 9.
(14)
Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to (i) as a first priority, connect to existing through roads that connect to existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board or (ii) if (i) above is not available, directly to existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board. Vehicular and pedestrian access between adjacent lots shall be incorporated into the site design, unless determined to be impracticable due to topographic constraints, noncompatible uses, or other site constraints.
(15)
Open space. Recreation and leisure space shall be provided through a combination of common and private open space and shall not be less than 10% of a total project or application area. Open space may include squares, mini-parks, athletic fields, commons, promenades or pedestrian plazas with amenities such as benches, landscaping and natural walking trails and may include hardscaping amenities and structures which are intended for the use of the general public, such as lighting, special paving, pavers, artwork, and structures such as a skating rink, gazebo, pergola, amphitheater, or band stand for the general public use. In order to serve as a focal point, an open space feature should be visible and easily recognizable as an area that encourages outdoor assembly. Sidewalk hardscaping adjacent to residential dwellings and commercial uses and small parking lot islands are not considered open space.
(16)
Pedestrian access. Sidewalks shall be provided along any public street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least five feet wide, and further buffer pedestrians from vehicular traffic with on-street parking where possible. Alternatively, the Planning Board may approve the use of tree wells within the sidewalk. In approving sidewalks, the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively, the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(17)
New construction. New or infill construction shall be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(18)
Yards. The incorporation of small, landscaped, front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge).
(19)
Windows. The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(20)
Rooflines. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements shall result in an overall design that complements the existing character of the streetscape.
(21)
Facades. Any large building facade and the sides visible from the transportation corridor shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(22)
Streets. All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(23)
Off-street parking. The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(24)
Service alleys. Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(25)
Roadways. Roadway design shall incorporate traffic calming components such as narrower lane widths, on-street parking and sidewalk bump-outs at intersections to aid pedestrian access and safety while reducing the existing unsafe vehicular speeds.
(26)
Drive-ins and drive-throughs. Drive-through facilities shall provide only accessory access, and not the primary access to buildings. Such accessory drive-through access shall be on the rear or sides of a building and placed and screened so as to minimize paving and minimize views of the lines of autos from public gathering places within the project. Landscaping shall be used to reduce the visibility of such facilities.
(27)
On-street parking. On-street parking is prohibited on Route 9.
(28)
Loading areas. Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
(29)
Access. Residential rear access lanes should be used for access to garages and parking lots behind buildings.
F.
Special rules for the Crown Heights Center Extended Overlay District (CHCO EO).
(1)
The areas depicted on the Zoning Map as the CHCO EO consist of land zoned for residential use. These properties are located outside of the CHCO West District but they create a link between the CHCO West District core and the existing high-density residential neighborhood to the west of the CHCO West District center. A redevelopment of the CHCO West District should, where possible, incorporate the CHCO EO properties into the redevelopment to allow a transition from the commercial center of the CHCO West District near Route 9 to mixed-use commercial/residential and residential-only uses extending westerly from the CHCO West District. This opportunity already exists on the east side of Route 9 since the CHCO East District includes part of a R-2A District, and providing for a residential transitional area on the west side of Route 9 would allow integration of the existing residential areas with the CHCO West District development.
(2)
Notwithstanding any other provision of this chapter, the properties located on the west side of U.S. Route 9 identified on the Zoning Map as CHCO EO shall be subject to the following regulations:
(a)
The CHCO EO District is a supplement to the underlying zoning district(s). Nothing herein shall be construed to prevent the development of properties in the CHCO EO District in accordance with the regulations for the underlying zoning district as set forth in this chapter.
(b)
When incorporated into a development master plan for the CHCO West District, property within the CHCO EO District may be developed for residential or mixed-use residential/nonresidential use, provided that the maximum residential density may be increased by two dwelling units per acre above the density allowed within the underlying zoning district.
(c)
The additional dwelling units shall be located within the primary or the secondary development areas, or as close as practicable, so as to appear as a part of the CHCO West District development. The Planning Board is expressly authorized to require the clustering of the CHCO EO units and uses along the boundary of the CHCO West District, and is specifically authorized to reduce the otherwise applicable yard setback and buffer setback distances to ensure that the units are placed in close proximity to the district boundary line so as to appear as an extension of the CHCO West District.
§ 210-25 Fairview Center (FC) District.
A.
District purpose. This district defines the established commercial areas on the east side of State Route 9 to the abandoned railroad spur line behind the existing retail mall, and north of Fulton Street to the southerly boundary of the former State Psychiatric Center facility. This area has potential for redevelopment as a pedestrian-oriented commercial destination, and with the expected redevelopment of the Psychiatric Center property for high-density residential and commercial use, the redevelopment of the Fairview Center would be supported by, and provide a linkage to, the existing institutional, business and residential areas to the west, south and east. This district serves the following specific purposes:
(1)
Promote a mix of business and commercial uses in multistory buildings.
(2)
Promote pedestrian activity through a safe and walkable environment and establish connections to existing adjacent residential neighborhoods.
(3)
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular traffic.
(5)
Encourage the development of both on-street parking and shared parking areas between nearby uses.
B.
Permitted uses. Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(3)
*Banks and financial services.
(4)
*Bakeries, retail, wholesale.
(7)
*Clinics.
(8)
*Delicatessens.
(9)
*Health clubs.
(10)
*Offices.
(11)
*Personal service businesses, no drive-in or drive-through.
(12)
*Retail businesses, no drive-in or drive-through.
(13)
*Restaurants, no drive-in or drive-through.
(14)
*Service businesses, no drive-in or drive-through.
(15)
*Shopping centers.
(16)
*Supermarkets.
(17)
*Theaters.
C.
Special uses. Special permitted uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the FC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
15,000 | 100 | 100 | 35 | 25 | 45 | 50% | 80% | 45 or 3 stories |
(1)
On a lot, no single retail use shall occupy ground floor space in excess of 65,000 gross square feet.
(2)
The continuous ground level frontage of a single commercial-use building in excess of 100 feet in length along any frontage exposed to a street, public space or parking area and ground-level commercial uses larger than 30,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use.
(3)
Maximum retail use density. Within the FC District, the total gross square footage of building space devoted to retail uses shall not exceed 65% of the total gross square footage of all commercial space. Within the FC District, not less than 35% of the gross square footage of all commercial space shall be nonretail uses such as offices, restaurants, civic uses, etc. The Planning Board shall ensure that compliance with this provision is maintained by requiring the reduction or elimination of proposed retail space where the maximum gross square footage of retail space would exceed 60%. Nothing herein shall be construed to prevent the development of a greater amount of nonretail commercial space than the minimum of 35%.
(4)
Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board.
(5)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
(6)
A landscaped setback of not less than 25 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the nonresidential development abuts a property in residential use, in which case the setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction
F.
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the FC District. The Planning Board shall use its discretion as to the applicability of these guidelines to an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein.
(1)
The Planning Board is empowered to require a mix of business and commercial uses in any development project. Further, the Planning Board is empowered to require that a development be phased to ensure the required mix of uses is implemented.
(2)
Two- and three-story buildings designed to accommodate retail, office and service business uses are required for the entire FC District. Buildings shall be located close to existing and proposed street lines with parking oriented to the rear of the principal structures.
(3)
New or in-fill construction shall be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(4)
Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross-easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval. Where appropriate, the Planning Board may allow on-street parking, provided the street width is adequate to safely accommodate on-street parking.
(5)
Shrubbery shall be no higher than four feet above existing street grades, nor shall any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times.
(6)
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(7)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(8)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing in any building facade is prohibited.
(10)
Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(11)
Any large building facade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(12)
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(13)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(14)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(15)
Drive-in and drive-through facilities shall be located to the rear of buildings, and landscaping shall be used to reduce the visibility of such facilities.
(16)
On-street parking is prohibited on Route 9. Cross-easements should be used to provide shared access to parking and driveways whenever possible.
(17)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
§ 210-26 Salt Point Center (SPC) District.
A.
District purpose. This district defines the emerging mixed-use center along Salt Point Turnpike at and near the intersection of Creek Road and Innis Avenue. In addition, this district shall serve the following specific purposes.
[Amended 4-2-2014 by L.L. No. 1-2014]
(1)
Promote a mix of business, commercial, and residential uses designed as an integrated community.
(2)
Promote pedestrian activity through a safe and walkable environment, encourage a ”park once and walk around” core and establish connections to adjacent residential neighborhoods.
(3)
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular traffic.
(5)
Encourage the development of both on-street parking and shared parking areas between nearby uses.
(6)
Promote a sufficient critical mass of employees, shoppers and residents within close proximity to a commercial and mixed-use core which encourages people to park once and walk because walking becomes more convenient than driving for short trips within the core.
(7)
Promote a retail shopping and business environment that is not strip-retail oriented, where shoppers park once and walk between adjoining commercial uses where the buildings are primarily connected to each other or use zero lot lines.
(8)
Provide public gathering spaces such as central greens and centerpiece buildings.
(9)
Provide for a variety of housing options within walkable proximity to the commercial core, including single-family and two-family homes, and multifamily units.
(10)
Preserve, enhance and incorporate natural and historic features in order to enhance a sense of place, greenway connections and natural edge conditions.
B.
Permitted uses. Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1)
*Adaptive reuse of existing residential structures for nonresidential use.
(4)
*Banks and financial services.
(5)
*Bakeries.
(7)
*Clinics.
(9)
*Delicatessens.
(10)
*Dwellings, single-family.
(11)
*Dwellings, two-family.
(12)
*Health clubs.
(13)
*Libraries, community centers.
(14)
*Laundries, dry cleaners.
(15)
*Offices.
(16)
*Personal service businesses, no drive-in or drive-through.
(17)
*Retail businesses, no drive-in or drive-through.
(18)
*Restaurants, no drive-in or drive-through.
(19)
*Service businesses, no drive-in or drive-through.
(20)
*Supermarkets.
(21)
*Theaters.
C.
Special uses. Special permitted uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 4-2-2014 by L.L. No. 1-2014; 7-19-2017 by L.L. No. 13-2017; 9-21-2022 by L.L. No. 8-2022]
D.
Accessory uses shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010; 4-2-2014 by L.L. No. 1-2014; 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for a detached single-family dwelling unit in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
4,000 | 40 | 40 | 15 | 6 feet side 20 feet rear | 1,000 per unit | 45% | 85% | 28 or 2 stories |
NOTE: | |
|---|---|
a | Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
F.
The area and bulk regulations for attached residential units in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
Minimum Lot Area (acres) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
8 | 70 | 70 | 25 | 15 | 1,000 per unit | 70% | 80% | 35 or 2 stories |
NOTE: | |
|---|---|
a | Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
G.
The area and bulk regulations for nonresidential or mixed residential/nonresidential use structures as attached units in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surfaceb (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
1,600 | 22 | 22 | 10 | 0 | 500 per 1,600 square feet of lot area | 95% | 100% | 45 or 3 stories |
NOTES: | |
|---|---|
a | Must be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
b | Lot coverage percentage versus impervious coverage percentage is designed to encourage parking within attached residential structures to minimize grade (ground) parking. |
H.
The area and bulk regulations for nonresidential or mixed residential/nonresidential use structures as detached units in the SPC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011; 4-2-2014 by L.L. No. 1-2014; 9-21-2022 by L.L. No. 8-2022]
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surface (%)b | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
5,000 | 30 | 30 | 10 | 10 side 25 rear | 500 per 5,000 square feet of lot area | 65% | 80% | 45 or 3 stories |
NOTES: | |
|---|---|
a | Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
b | Lot coverage percentage versus impervious coverage percentage is designed to encourage parking within attached residential structures to minimize grade (ground) parking. |
(1)
On a lot, no single retail use shall occupy ground floor space in excess of 12,000 gross square feet.
(2)
The continuous ground level frontage of a single commercial-use building in excess of 60 feet in length on any frontage exposed to a street, public space or parking area and ground-level commercial uses larger than 4,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use.
(3)
Maximum residential dwelling unit density. Within the SPC District, residential density shall not exceed six dwelling units per acre. Notwithstanding, residential dwelling units located immediately above a ground-floor or second-floor nonresidential use shall not be counted against the maximum residential dwelling unit density, provided the building meets applicable coverage and open space requirements, sufficient parking for the residential uses is provided, and open space is set aside for the dwelling units as provided herein.
(4)
Maximum retail use density. Within the SPC District, the total gross square footage of building space devoted to retail uses shall not exceed 65% of the total gross square footage of all commercial space.
(5)
The development of mixed residential and nonresidential uses is required for each application. For any application, no less than 20% of the total gross square footage of all structures shall be reserved for nonresidential business and institutional uses. The Zoning Board of Appeals shall have no authority to grant a variance from this requirement.
(6)
Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board.
(7)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
I.
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the SPC District. The Planning Board shall use its discretion as to the applicability of these guidelines to an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein.
(1)
The use of traditional neighborhood development design is required. A mix of commercial uses and/or residential and commercial uses in all development projects is required. The Planning Board shall require that a development be phased to ensure the required mix of uses is implemented.
(2)
Larger-scale, single-use facilities (conference spaces, theaters, supermarkets or department stores, for example) shall occur behind smaller-scale buildings or storefronts with pedestrian orientation and may be one story with a two-story facade.
(3)
New or in-fill construction should be designed so as to be compatible with the design standards of this section. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
[Amended 4-2-2014 by L.L. No. 1-2014]
(4)
Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross-easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval. Where appropriate, the Planning Board may allow on-street parking, provided the street width is adequate to safely accommodate on-street parking. Service alleys should access practicable, off-street parking spaces for residential uses.
(5)
The incorporation of small, landscaped front yards is encouraged with any new residential or commercial use (if the building is not built to the sidewalk edge).
(6)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(7)
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(8)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(9)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(10)
The utilization of ribbon or continuous strip glazing in any building facade should be avoided.
(11)
Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof. Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(12)
Any large building facade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(13)
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(14)
Sidewalks shall be provided along any public street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least four feet wide. In approving sidewalks, the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively, the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(15)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(16)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(17)
Where permitted, drive-through facilities should be located at the side or rear of buildings, and landscaping should be used to reduce the visibility of such facilities.
[Amended 4-2-2014 by L.L. No. 1-2014]
(18)
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(19)
Cross-easements should be used to provide shared access to parking and driveways whenever possible.
(20)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
§ 210-27 MacDonnell Heights Center (MHC) District.
[Amended 3-24-2010 by L.L. No. 5-2010; 4-6-2011 by L.L. No. 8-2011; 12-14-2011 by L.L. No. 34-2011; 5-7-2014 by L.L. No. 4-2014; 7-19-2017 by L.L. No. 13-2017; 7-18-2018 by L.L. No. 8-2018; 7-5-2023 by L.L. No. 8-2023; 4-17-2024 by L.L. No. 4-2024; 4-16-2025 by L.L. No. 5-2025]
A.
District purpose. This district defines the emerging mixed-use center along State Route 44 and at across from the former Frank Brothers Farm property. In addition, this district serves the following specific purposes:
(1)
Promote a mix of business, commercial, and residential uses in single-story and multistory buildings designed as an integrated community along the southeastern side of Route 44.
(2)
Promote pedestrian activity through a safe and walkable environment, encourage a "park once and walk around" core and establish connections to adjacent residential neighborhoods.
(3)
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular traffic.
(5)
Encourage the development of both on-street parking and shared parking areas between nearby uses.
(6)
Promote a sufficient critical mass of employees, shoppers and residents within close proximity to a commercial and mixed-use core which encourages people to park once and walk because walking becomes more convenient than driving for short trips within the core.
(7)
Promote a retail shopping and business environment that is not strip-retail oriented, where shoppers park once and walk between adjoining commercial uses where the buildings are primarily connected to each other or use zero lot lines.
(8)
Provide public gathering spaces such as central greens and centerpiece buildings.
(9)
Provide for a variety of housing options within walkable proximity to the commercial core including single-family, two-family homes, and multifamily units.
(10)
Preserve, enhance and incorporate natural and historic features in order to enhance a sense of place, greenway connections and natural edge conditions.
B.
Permitted uses. Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1)
*Adaptive reuse of existing residential structure for nonresidential use.
(4)
*Bank and financial services.
(5)
*Bakery.
(6)
*Bar, provided that food sales account for not less than 25% of gross sales and hours of operation shall be limited to 11:00 a.m. to 11:00 p.m.
(9)
*Clinics.
(10)
Community residential facility.
(11)
*Delicatessen.
(12)
*Dwelling, single-family.
(13)
*Dwelling, two-family.
(14)
*Health club.
(16)
*Library, community center.
(17)
*Laundry, dry cleaner.
(18)
*Office.
(19)
*Passive outdoor recreation and open space, excluding outdoor recreation facilities.
(20)
*Personal service business, no drive-in or drive-through.
(21)
*Retail business, no drive-in or drive-through.
(22)
*Restaurants, no drive-in or drive-through.
(23)
*Service business, no drive-in or drive-through.
(24)
*Supermarket.
(25)
*Theater.
C.
Special uses. Special permitted uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
D.
Accessory uses shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board.):
E.
The area and bulk regulations for a detached single-family unit in the MHC District shall be as follows:
Minimum Lot Area (square feet) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|
4,000 | 40 | 15 | 6 feet side; 20 feet rear | 1,000 per unit | 45% | 68% | 28 feet or 2 stories |
NOTE: | |
|---|---|
a | Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
F.
The area and bulk regulations for attached residential units in the MHC District shall be as follows:
Minimum Lot Area (acres) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surfaceb (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|
8 | 70 | 25 | 15 | 1,000 per unit | 70% | 80% | 50 feet or 3 1/2 stories |
NOTE: | |
|---|---|
a | Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
G.
The area and bulk regulations for nonresidential or mixed residential/nonresidential use structures as attached units in the MHC District shall be as follows:
Minimum Lot Area (square feet) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surfaceb (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|
1,600 | 22 | 10 | 0 | 500 per 1,600 square feet of lot area | 95% | 100% | 50 feet or 4 stories |
NOTES: | |
|---|---|
a | Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
b | Lot coverage % vs. impervious coverage % is designed to encourage parking within attached residential structures to minimize grade (ground) parking. |
H.
The area and bulk regulations for nonresidential or mixed residential/nonresidential use structures as detached units in the MHC District shall be as follows:
Minimum Lot Area (square feet) | Minimum Frontage (feet) | Minimum Front Yard (feet) | Minimum Side and Rear Yard (feet) | Usable Open Space Set-Aside (square feet)a | Maximum Lot Coverage (%) | Maximum Impervious Surface (%)b | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|
5,000 | 30 | 10 | 10 feet side; 25 feet rear | 500 per 5,000 square feet of lot area | 65% | 80% | 50 feet or 3 1/2 stories |
NOTES: | |
|---|---|
a | Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. |
b | Lot coverage percentage vs. impervious coverage percentage is designed to encourage parking within attached residential structures to minimize grade (ground) parking. |
I.
Additional area and bulk regulations. The following regulations are in addition to the area and bulk regulations of Subsections E, F, G, and H of this section:
(1)
With the exception of a supermarket/grocery store on a lot, no single retail use shall occupy ground-floor space in excess of 35,000 square feet. A supermarket/grocery store may occupy ground-floor space not to exceed 65,000 square feet.
(2)
The continuous ground-level frontage of a single commercial use building in excess of 60 feet in length along any frontage exposed to a street, public space or parking area and ground-level commercial uses larger than 15,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use.
(3)
Maximum residential dwelling unit density. For lands that are or were part of a single site plan application across two or more parcels within the MHC District, the overall residential density for the project shall not exceed six dwelling units per acre. In approving the maximum allowable density for such a project, the Planning Board shall condition the approval of any site plan or other development plan on an agreement between the applicant and the Town that ensures the maximum residential density as agreed to between the applicant and the Town shall not be exceeded in the future. Notwithstanding, residential dwelling units located immediately above a ground-floor or second-floor nonresidential use shall not be counted against the maximum residential dwelling unit density, provided that sufficient parking is provided and usable open space is set aside for such units within the overall project as required herein.
(4)
Maximum retail use density. For lands that are or were part a single site plan application across two or more parcels within the MHC District, the total gross square footage of building space devoted to retail uses shall not exceed 75% of the total gross square footage of all nonresidential building space, and not less than 25% of the total gross square footage of all nonresidential building space shall be nonretail uses such as offices, restaurants, civic uses, etc. The Planning Board shall ensure that compliance with this provision is maintained by requiring the reduction or elimination of proposed retail space where the gross square footage of retail space would exceed 75% of all nonresidential building space. Nothing herein shall be construed to prevent the development of a greater amount of nonretail commercial space than the minimum of 25%. In approving the maximum allowable percentage of retail space, the Planning Board may condition the approval of any development plan on an agreement between the applicant and the Town in which the maximum allowable percentage of retail as agreed to between the applicant and the Town shall not be exceeded.
(5)
The development of mixed residential and nonresidential uses is required for each proposal involving lands that are or were part of a single site plan application across two or more parcels within the MHC District. The Planning Board shall reject any such application that does not include nonresidential uses providing services to residents of the MHC District and the community. For any such application no less than 15% of the total gross square footage of all structures shall be reserved for nonresidential business and institutional uses. The Zoning Board of Appeals shall have no authority to grant a variance from this requirement.
(6)
Location of open space. The open space set-aside is intended to be located in one or more designated areas for the use of MHC residents and/or the general public, the intention being that the open space that is set-aside be aggregated as a large parcel(s) and not be disbursed into small, less usable spaces.
(7)
Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board.
(8)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
(9)
If an open development area in accordance with the Town Law § 280-a(4) is approved by the Town Board for lands that are or were part of a single site plan application across two or more parcels within the MHC District, then individual lots within the open development area are not required to have frontage on a public street, provided that appropriate reciprocal easements, to the satisfaction of the Planning Board, are provided for access between such lots and to public streets over common internal roadways and driveways to be constructed in accordance with the approved site plan.
(10)
Pursuant to § 274-a(5) of the Town Law, the Town Board of the Town of Poughkeepsie hereby grants to the Planning Board of the Town of Poughkeepsie the authority to modify applicable area, yard, bulk, and design provisions of Subsections E, F, G, and H of this § 210-27 when, in the Planning Board's sole discretion, doing so would be consistent with the goals and objectives of the Town Plan and this chapter pertaining to the intent and purposes of the MHC District. This grant of authority shall not be construed to permit the Planning Board to vary the minimum buffer setbacks required for proposed lots adjacent to existing residential uses in a residential district as set forth in this chapter except as otherwise expressly permitted. To the extent that any provisions of this authorization are inconsistent with § 274-a of the Town Law, the Town Board of the Town of Poughkeepsie hereby declares its intent to supersede those sections of the Town Law, pursuant to its home rule powers under Municipal Home Rule Law § 10(1)(ii)(d)(3) et seq.
J.
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the MHC District. The Planning Board shall use its discretion as to the applicability of these guidelines to an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein.
(1)
The use of traditional neighborhood development design is required. A mix of commercial uses and/or residential and commercial uses in all development projects is required. Further, the Planning Board shall require that a development be phased to ensure the required mix of uses is implemented.
(2)
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(3)
Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the county clerk as part of development plan approval. Where appropriate the Planning Board may allow on-street parking provided the street width is adequate to safely accommodate on-street parking. Service alleys should access practicable, off-street parking spaces for residential uses.
(4)
The incorporation of small, landscaped, front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge).
(5)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(6)
Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(7)
Setbacks and landscaping for nonresidential and mixed-use structures shall be subject to the requirements of § 210-152A(2) of this chapter.
(8)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing in any building facade should be avoided.
(10)
Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof. Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(11)
Any large building facade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(12)
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(13)
Sidewalks of not less than five feet in width shall be provided along any street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least five feet wide. In approving sidewalks the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(14)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(15)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(16)
Drive-through facilities should be located at the side or rear of buildings and landscaping should be used to reduce the visibility of such facilities.
(17)
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(18)
Cross-easements should be used to provide shared access to parking and driveways whenever possible.
(19)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
§ 210-28 Rochdale Road Hamlet (RRH) District.
A.
District purpose. This district defines the emerging mixed-use center at the former Herman's Nursery and Roe Movers properties on Route 44 near the Town of Pleasant Valley boundary. In addition, this district serves the following specific purposes:
(1)
Promote a mix of business and commercial uses within a planned community environment.
(2)
Promote pedestrian activity through a safe and walkable environment and establish connections to existing adjacent residential neighborhoods.
(3)
Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian and vehicular traffic.
B.
Permitted uses. Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
(1)
*Adaptive reuse of existing residential structures for nonresidential use.
(4)
*Banks and financial services.
(5)
*Bakeries.
(7)
*Clinics.
(8)
*Delicatessens.
(9)
*Health clubs.
(10)
*Offices.
(11)
*Personal service businesses, no drive-in or drive-thru.
(12)
*Retail businesses, no drive-in or drive-through.
(13)
*Restaurants, no drive-in or drive-through.
(14)
*Service businesses, no drive-in or drive-through.
(15)
*Supermarkets.
(16)
*Theaters.
(18)
*Warehouses, moving and storage.
C.
Special uses. Special permitted uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 3-24-2010 by L.L. No. 5-2010; 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the RRH District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
Minimum Lot Area (acres) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
1 | 60 | 60 | 25 | 15 | 35 | 40% | 80% | 45 or 3 stories |
(1)
On a lot, no single retail use shall occupy ground floor space in excess of 9,500 square feet.
(2)
Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board.
(3)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
(4)
Maximum residential dwelling unit density. Within the RRH District, residential density shall not exceed four dwelling units per acre.
(5)
The continuous ground-level frontage of a single commercial use building in excess of 60 feet in length along any frontage exposed to a street, public space or parking area and ground-level commercial uses larger than 4,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use.
(6)
The development of mixed residential and nonresidential uses is required for each application. The Planning Board shall reject any application that does not include nonresidential uses providing services to center district and community residents. For any application, no less than 20% of the total gross square footage of all structures shall be reserved for nonresidential business and institutional uses. The Zoning Board of Appeals shall have no authority to grant a variance from this requirement.
F.
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the RRH District. The Planning Board shall use its discretion as to the applicability of these guidelines to an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein.
(1)
Larger-scale, single-use facilities (conference spaces, theaters, supermarkets or department stores, for example) shall occur behind smaller-scale buildings or storefronts with pedestrian orientation and may be one story with a two-story facade.
(2)
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(3)
Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval. Where appropriate, the Planning Board may allow on-street parking, provided the street width is adequate to safely accommodate on-street parking.
(4)
The incorporation of small, landscaped front yards is encouraged with any new residential or commercial use (if the building is not built to the sidewalk edge).
(5)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(6)
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(7)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(8)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(9)
The utilization of ribbon or continuous strip glazing in any building facade should be avoided.
(10)
Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof. Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(11)
Any large building facade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(12)
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(13)
Sidewalks shall be provided along any public street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least four feet wide. In approving sidewalks, the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively, the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair.
(14)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(15)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(16)
Drive-in and drive-through facilities shall be located at the side or rear of buildings, and landscaping shall be used to minimize the visibility of such facilities.
(17)
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(18)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from walkways and streets utilizing appropriate vegetation and/or fencing.
§ 210-29 Red Oaks Mill Neighborhood Services Center (ROMNSC) District.
A.
District purpose. This district defines the commercial hamlet center at Red Oaks Mills. The uses within this district are intended to provide convenient shopping facilities of sufficient variety to supply the daily requirements of adjacent residential areas. The size of any facility should be kept to a minimum to provide the service.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(3)
*Bakeries, no drive-in or drive-through.
(4)
*Banks or financial services.
(5)
*Delicatessens, no drive-in or drive-through.
(6)
*Health clubs.
(7)
*Laundries, laundromats.
(8)
*Libraries.
(9)
*Offices.
(10)
*Personal service businesses.
(12)
*Post offices.
(14)
*Recreation, indoor, private, not specifically mentioned.
(15)
Recreation, outdoor, located in a floodplain area and not involving any new construction or site work such as grading or removal of vegetation.
(16)
*Restaurants, no drive-in or drive-through.
(17)
*Retail businesses.
(18)
*Service businesses.
C.
Special uses shall be as follows (Note: "*" designates a use which is subject to both special use permit and site plan approval by the Planning Board; "+" designates a use that is subject to special use permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
[Amended 3-24-2010 by L.L. No. 5-2010]
E.
The area and bulk regulations for the ROMNSC District shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
Minimum Lot Area (square feet) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|
20,000 | N/A | N/A | 25 | 25 | 35 | 30% | 80% | 30 or 1 story |
F.
Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the ROMNSC District:
(1)
Sidewalks at the building(s) shall be required.
(2)
Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross-easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval.
(3)
Screening and landscaping. A hedge, fence or wall of a design and material subject to approval by the Planning Board, with a height of not less than six feet and, except in the case of planting screens, not more than eight feet, adequate to screen at all seasons of the year the operations conducted on the lot from the view of any abutting residence district, shall be installed along any residence district boundary.
(4)
Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural features can disguise the flatness of the roof. Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entryway or tower element to break the horizontal facade.
(5)
For the redevelopment of a parcel, a landscaped buffer area of not less than 15 feet in depth shall be provided along the side yard and rear yard of any lot. In addition, a landscaped buffer area of not less than 10 feet in depth shall be provided along the front yard of any lot.
(6)
Utilities shall be placed underground.
(7)
Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall-mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed or, in the case of freestanding signs, with which it is associated.
(8)
Trash and storage containers shall meet the requirements of § 210-112. Enclosures shall be constructed of masonry walls with a steel gate and shall be compatible with the color of the walls of the building to which they are associated.
(9)
New or in-fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape.
(10)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(11)
Where practicable, existing tree rows and hedgerows, stone walls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(12)
Setbacks and landscaping for nonresidential and mixed-use developments shall be subject to the requirements of § 210-152A(2) of this chapter.
(13)
Additions to existing buildings shall use materials and details complementary to those incorporated in the parent structure.
(14)
New buildings, or additions to existing buildings, shall reflect any discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.
(15)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.
(16)
The utilization of ribbon or continuous strip glazing in any building facade shall be avoided.
(17)
All roof-mounted equipment shall be screened utilizing screens of a height equal to the height of the unit.
(18)
Any large building facade and the sides visible from a street shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(19)
Major modifications to the existing landscape such as extensive grading, clear-cutting of trees, or other similar activities shall be avoided to the extent possible.
(20)
All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(21)
Where permitted, drive-in and drive-through facilities shall be located at the side or rear of buildings, and landscaping shall be used to reduce the visibility of such facilities. Drive-in and drive-through facilities shall be integrated architecturally into the building, and such facilities shall not be permitted to have an additional curb cut and/ or a separate curb cut for ingress and egress to the street.
[Amended 10-7-2020 by L.L. No. 9-2020]
(22)
Cross-easements shall be used to provide shared access to parking and driveways whenever possible.
(23)
Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from walkways and streets utilizing landscaping and/or fencing.
§ 210-30 Historic Revitalization Development (HRDD) District.
[Amended 12-6-2017 by L.L. No. 27-2017; 5-6-2020 by L.L. No. 4-2020; 11-6-2024 by L.L. No. 13-2024]
A.
District purpose. This district applies to the former New York State Psychiatric Center on Route 9 in the Fairview section of the Town near the boundary with the Town of Hyde Park. Until such time as an application for a master development plan has been approved by the Town Board as set forth in this section, no permits for the use of the property, or for construction, reconstruction, or site work, shall be issued, except as set forth in Subdivisions C and D following. This district serves the following specific purposes:
(1)
Promote the preservation and adaptive reuse of landmark structures in historic districts and historically significant open spaces where feasible.
(2)
Promote the preservation of open space by clustering of dwelling units and concentrating mixed development within an integrated design plan creating residential areas and accessible neighborhood commercial centers and recreational spaces.
(3)
Promote a mix of commercial and residential uses within a planned community environment where building bulk and architecture, as well as the location of use types, complement each other and harmonize with open spaces and the surrounding landscape.
(4)
Promote pedestrian activity through a safe and walkable environment and establish, where appropriate, an integrated circulation network of streets, sidewalks and other pathways linking the residential, commercial and recreational areas in the HRDD.
B.
Permitted uses within the HRDD District shall be as follows, with the type, size, height and location of all uses subject to approval of a development master plan by the Town Board, and site plan review and approval by the Planning Board:
(1)
Art galleries, workshops or retail shops associated with arts, crafts or fine arts.
(2)
Artists' live-work facilities.
(3)
Bars, taverns.
(6)
Clinics.
(9)
Laundromats, dry cleaners.
(10)
Libraries.
(11)
Nurseries, greenhouses and vegetable stands.
(12)
Offices, including professional and medical offices.
(13)
Personal service businesses.
(14)
Public or semipublic uses such as live theaters, concert halls, museums or meeting rooms suitable for social, civic, cultural or educational activities.
(16)
Residential housing, which may be owner-occupied, provided for rental, or a combination thereof, and, if provided for sale, to be owned in fee simple, condominium, or cooperative ownership, which housing may include any of the following, or any combination thereof:
(a)
Dwellings, single-family.
(b)
Dwellings, two-family.
(c)
Dwellings, multiple-family.
(d)
Flats, studios, and residential apartment units located in multiple-family dwellings, or in mixed-use buildings.
(e)
Combination building: a building containing a combination of two or more dwelling unit types, which may include any of the following: single-family attached, flats, or two-story apartments, any of which may be arranged beside, above, or under other unit types.
(f)
Mixed-use building: a building that combines one or more dwelling unit types, which may include, without limitation, single-family attached, flats, or two-story apartments, any or which may be arranged beside, above, or under each other or in combination with other nonresidential uses, including, without limitation, residential flats or townhouses over or within buildings partially devoted to retail, commercial, small-scale light industrial, or other nonresidential use, as regulated herein.
(g)
Memory care facility. Each residential unit in said facility shall count toward the maximum residential density allowed in the HRDD in accordance with § 210-30C(1).
(h)
Senior housing, age-restricted. Each residential unit in said facility shall count toward the maximum residential density allowed in the HRDD in accordance with § 210-30C(1).
(i)
Senior housing, assisted-living. Each residential unit in said facility shall count toward the maximum residential density allowed in the HRDD in accordance with § 210-30C(1).
(18)
Retail businesses, including banks, bakeries, delicatessens and other retail businesses providing goods and services primarily to the immediate neighborhood.
(20)
Schools, nursery schools.
(21)
Service businesses.
(22)
Supermarkets.
(23)
Movie theaters.
(24)
Light industrial uses.
(25)
Mixed-use buildings containing two or more permitted residential and commercial uses.
(26)
Other uses as approved by the Town Board as part of a development master plan.
C.
Development master plan required. Due to the unique nature of redevelopment of the HRDD property, except as set forth in this Subsection C, there are no minimum or maximum height, area and bulk requirements in the HRDD. As a result, no application for site plan, special use permit, subdivision, or variance approval for any development project in the HRDD shall be reviewed or approved until a development master plan has been approved by the Town Board in accordance with the procedures set forth herein and in § 210-66 of this chapter. In addition, with the exception of repairs and ordinary building maintenance, subject to obtaining permits for such work, and with the further exception of demolition as permitted or authorized pursuant to the Town Code, no building permit or certificate of occupancy shall be issued for any development project in the HRDD until a development master plan has been approved by the Town Board in accordance with the procedures set forth herein and in § 210-66 of this chapter.
(1)
Maximum residential density. The maximum residential density shall be 750 residential units.
(2)
Maximum nonresidential development density. The maximum nonresidential development density shall be 350,000 square feet. In the event that the eighty-thousand-square-foot main/administrative building is adaptively reused as a hotel, this maximum nonresidential development density may be increased to 430,000 square feet solely to accommodate such reuse. Approval for any nonresidential density beyond 430,000 square feet shall be at the sole discretion of the Town Board as part of the development master plan after consideration of the Planning Board's recommendation.
(3)
Area and bulk requirements. Area and bulk requirements for both residential and nonresidential uses (principal and accessory), including minimum lot area, minimum yards, minimum setbacks, building height, and other bulk and lot standards such as buffers, shall be determined and approved by the Town Board in its sole discretion as part of the development master plan after consideration of the Planning Board's recommendation.
(4)
In considering the development master plan application, the Town Board shall determine whether the application is consistent with the purposes of the HRDD set forth in Subsection A above, as well as the design standards for approval of a development master plan set forth in Subsection D below. The Town Board shall establish any conditions of approval consistent with the purposes of the HRDD and design standards, including requirements with respect to land use intensity and/or dwelling unit density, building height, lot and bulk standards, signage standards, and the land uses that will be permitted, including any accessory uses. Such conditions of approval may include, without limitation:
(a)
Restrictions on the quantity, type and location of each permitted land use, as well as the size and height of the building in which any use will be located;
(b)
Responsibility for implementation of on-site and off-site infrastructure improvements demonstrated as necessary to service the planned development;
(c)
Provisions for the permanent preservation and maintenance of required open spaces and buildings or sites of significant historical and/or archaeological value;
(d)
The establishment of standards, including design, performance and/or bulk standards, as determined appropriate by the Town Board, to govern the future approval by the Planning Board of detailed subdivisions and/or site plans as set forth in Subsection C(7) below;
(e)
Requirements related to the phasing, timing and/or sequencing of the proposed development and related improvements; and
(f)
Any other items relating to the health, safety and general welfare of the public.
(5)
To facilitate the approval of a development master plan, the Town Board may enter into a development agreement or memorandum of understanding with the applicant. The purpose of such development agreement or memorandum of understanding shall be to establish, in writing and for the benefit of both parties, the specific parameters of the approval which may be granted by the Town Board, including any public improvements and/or land dedications required in connection therewith, and which the applicant may use to plan the financing and construction of the planned development.
(6)
The Town Board and the Planning Board may conduct joint meetings to facilitate development master plan review.
(7)
Development master plan and site plan review required.
(a)
The applicant shall submit a conceptual development master plan for the HRDD tract, which shall be reviewed and approved by the Town Board in accordance with § 210-66 of this chapter, and refined during the review process, and which shall upon approval be the development master plan for the HRDD tract. After Town Board approval of the development master plan, the planned development may be divided for purposes of, among other things, sale, leasing and other transfers, mortgaging, and financing, into separate development sites that contain any one or more of the approved uses, and each such development site may be the subject of individual site plan review and approval by the Planning Board, provided that:
[1]
All uses shall only be developed in accordance with any phasing plan approved by the Town Board as part of a development master plan;
[2]
Prior to commencing construction of any development site or phase of the development, all demolition required to perform the development of such site or phase must be completed, and all state-designated landfills on the portion of the land to be developed shall be closed, and remediated in accordance with all applicable federal, state and local requirements; and
(b)
Any development master plan approval shall include conditions requiring that the applicant provide assurances, where appropriate as determined by the Town and the applicant in any applicable agreements, or other understandings, that demolition will be completed in a timely and complete manner. Each separate site plan shall conform to the site plan design standards set forth in § 210-152 of this chapter, except as provided in this § 210-30. Prior to issuing any site plan approval(s), the Planning Board shall certify that the proposed site plan conforms to all conditions placed on the development master plan by the Town Board.
D.
Design standards for the HRDD District shall be as follows:
(1)
Comprehensive design. The HRDD District allows flexibility to encourage innovative site planning and design. The planning process shall begin with an overall conceptual development master plan for the entire HRDD tract. This conceptual development master plan will address overall design, appropriate treatment for various land uses, and plans for ingress, egress, internal traffic circulation and utility service consistent with the purposes of the HRDD set forth in Subsection A above. With respect to each building proposed in the conceptual development master plan, the applicant shall set forth the proposed use or uses of such building designated in terms of one or more of the use categories permitted in Subsection B above. Where portions of the proposed development are located in different geographic or topographic areas, the conceptual development master plan shall describe how such areas will be separated or connected, as the case may be.
(2)
Design standards applicable to all buildings and uses. In addition to the design standards for development master plans set forth in § 210-66 of this chapter, the following standards shall apply to all buildings and uses in the HRDD:
(a)
Area and bulk requirements, including buffers, shall be as determined as set forth in Subsection C(3) set forth above.
(b)
Architectural elements shall be used to provide visual interest and promote integration of design elements.
(c)
Groups of related buildings shall be designed to present a visually attractive appearance in terms of combination and juxtaposition of architectural style and massing of buildings.
(d)
Shared parking facilities are encouraged where feasible. The Planning Board shall ensure that appropriate cross-easements for use and ingress and egress to shared parking facilities are filed with the County Clerk as part of development plan approval. Where appropriate, the Planning Board may allow on-street parking, provided the street width is adequate to safely accommodate on-street parking.
(e)
Building facade lines shall be varied to the extent practical to provide an interesting interplay of buildings and open spaces.
(f)
The layout of residential areas shall create areas of appropriate scale and design, providing entrance features, landscaping, pedestrian and vehicular circulation suitable to the type of housing provided, as well as any appropriate linkages to the commercial and recreational uses within the HRDD. The Town Board shall find that the size, height and massing of any building, the number of residential units in each building and area grouping of buildings is appropriate. The use of a mix of residential building and housing types is encouraged.
(g)
New buildings shall be designed with consideration of the form, scale and massing of all adjacent buildings in the HRDD to ensure that the architecture and scale of all buildings harmonize with the integrated planned development and its surrounding landscape.
(h)
Residential and commercial/retail areas shall include pedestrian circulation and appropriate connection to the other elements of the HRDD, including commercial and recreation uses. Such a circulation system may include paved or unpaved walkways and bikeways of appropriate width to serve their intended function.
(i)
Appurtenances on buildings and auxiliary structures, such as mechanical equipment, water towers, carports, garages or storage buildings, shall receive architectural treatment consistent with that of principal buildings.
(j)
The Planning Board shall conduct an architectural review as part of site plan review.
E.
Additional design standards for national landmark buildings and contributing buildings and the historic Olmstead/Vaux landscape.
(1)
The portion of the development master plan which covers the national landmark building and its contributing area, or any designated or eligible state and/or federal historic districts, including any new construction therein, should include provisions for pedestrian activity, which may include village squares, sidewalks, and other walking paths and alleyways. The development master plan shall provide development that is sensitive to the national landmark building and contributing area as well as any designated or eligible state and/or federal historic districts.
(2)
The applicant shall prepare and submit to the Planning Board for approval as part of site plan review for any proposed development at or adjacent to the national landmarked building and its contributing area, or any designated or eligible state and/or federal historic districts, proposed design specifications for architectural design elements, including scale, height, massing, architectural details, materials, and color for any aspects of the buildings visible from public streets, paths, or parks. Design guidelines shall also be submitted to address landscape layout, location, and plant materials, and street and landscape lighting. The guidelines may provide for flexibility of standards in individual cases that do not impair the implementation of the overall design concept. The Planning Board may also require that the design guidelines address specified bulk, location, or parking design elements relating to the development. The Planning Board may require that any design guidelines be recorded in homeowners' association (HOA) or condominium documents.
(3)
The applicant shall demonstrate to the Planning Board that the State Historic Preservation Officer (SHPO) and, where applicable, the National Park Service (NPS) have been consulted regarding any proposed exterior alteration of the landmark building or a contributing building or landscape.
(4)
Nothing herein shall be construed as to prevent the issuance of a building permit for repair of a building or structure so long as such repair is reviewed and approved by the Town of Poughkeepsie Building Department in advance of initiating any such work and does not result in the expansion of said building or structure, and the repair is necessary to prevent the deterioration of the building or structure or to prevent or remove an unsafe condition.