Poughkeepsie City Zoning Code
ARTICLE VI
Business and Commercial District Regulations
§ 210-33 Neighborhood Business (B-N) District.
A.
District purposes. The purpose of this district is to provide convenient shopping facilities of sufficient variety to supply daily requirements of adjacent residential areas. The regulations are designed to limit the size of business and commercial facilities to a scale that is in keeping with the character of nearby residential districts.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board:
[Amended 11-4-2015 by L.L. No. 24-2015; 12-16-2015 by L.L. No. 28-2015]
(3)
*Bakery, retail.
(4)
*Bank or financial services with or without drive-in, drive-thru.
(5)
*Delicatessen.
(6)
*Laundry, laundromat.
(7)
*Libraries.
(8)
*Offices.
(9)
*Personal service businesses, no drive-in or drive-thru.
(11)
*Retail businesses, no drive-in or drive-thru.
(12)
*Restaurants, no drive-in or drive-thru.
(13)
*Service businesses, no drive-in or drive-thru.
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 11-4-2015 by L.L. No. 24-2015; 12-16-2015 by L.L. No. 28-2015; 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 11-4-2015 by L.L. No. 24-2015; 12-16-2015 by L.L. No. 28-2015]
E.
The area and bulk regulations for the B-N 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 | 50 | 50 | 15 | 25 | 35 | 35% | 75% | 35 or 2 1/2 stories |
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 B-N 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)
A landscaped buffer area of not less than 10 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.
(2)
Utilities shall be placed underground.
(3)
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.
(4)
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.
(5)
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 in width. 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.
(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)
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)
Additions to existing buildings shall use materials and details complementary to those incorporated in the parent structure.
(9)
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.
(10)
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.
(11)
The utilization of ribbon or continuous strip glazing in any building facade shall be avoided.
(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. 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.
(13)
All roof-mounted equipment shall be screened utilizing screens of a height equal to the height of the unit.
(14)
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.
(15)
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.
(16)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(17)
The total number of required parking spaces shall be broken up into smaller "blocks" of parking, with no more than 10 parking spaces per parking block. Parking blocks shall be separated from each other by a landscaped area no less than five feet wide.
(18)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(19)
Cross-easements shall 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 shall be screened from walkways and streets utilizing landscaping and/or fencing.
§ 210-34 Neighborhood Highway Business (B-NH) District.
A.
District purposes. The purpose of this district is to provide a variety of shopping and commercial facilities for adjacent residential areas and the community at large where the lot has frontage on a major state or county highway. The regulations are designed to limit the size of business and commercial facilities to a scale that is in keeping with the character of nearby residential districts while allowing a greater variety of business uses than would otherwise be allowed in a neighborhood business district.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(3)
*Bakeries, retail.
(4)
*Banks or financial services with or without drive-in, drive-through.
(5)
*Delicatessens.
(7)
*Laundries, laundromats.
(8)
*Libraries.
(9)
*Offices.
(10)
*Personal service businesses, no drive-in or drive-through.
(12)
*Recreation, indoor, private, not specifically mentioned.
(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.
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; "^" designates a use that is subject to special use permit approval by the Town Board and site plan approval by the Planning Board.):
[Amended 3-24-2010 by L.L. No. 5-2010; 7-19-2017 by L.L. No. 13-2017; 8-2-2023 by L.L. No. 9-2023]
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 B-NH 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 | 100 | 100 | 25 | 25 | 35 | 25% | 75% | 45 or 3 stories |
(1)
On a lot, no single retail use shall occupy ground floor space in excess of 18,500 square feet. In the case of an adaptive reuse of a structure in existence as of the date of adoption of this chapter, no single retail use shall occupy ground floor space in excess of 28,500 square feet.
(2)
The continuous ground-level frontage of a 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 9,000 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)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
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 B-NH 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)
A landscaped buffer area of not less than 20 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.
(2)
Utilities shall be placed underground.
(3)
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.
(4)
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.
(5)
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 in width. 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.
(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)
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.
(9)
Additions to existing buildings shall use materials and details complementary to those incorporated in the parent structure.
(10)
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.
(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)
The utilization of ribbon or continuous strip glazing in any building facade shall be avoided.
(13)
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.
(14)
All roof-mounted equipment shall be screened utilizing screens of a height equal to the height of the unit.
(15)
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.
(16)
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.
(17)
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.
(18)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(19)
The total number of required parking spaces shall be broken up into smaller "blocks" of parking, with no more than 10 parking spaces per parking block. Parking blocks shall be separated from each other by a landscaped area no less than five feet wide.
(20)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(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.
(22)
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(23)
Cross-easements shall be used to provide shared access to parking and driveways whenever possible.
(24)
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.
§ 210-35 Highway Business (B-H) District.
[Amended 3-24-2010 by L.L. No. 5-2010; 4-6-2011 by L.L. No. 8-2011; 7-19-2017 by L.L. No. 13-2017; 6-1-2022 by L.L. No. 2-2022; 7-5-2023 by L.L. No. 8-2023; 8-2-2023 by L.L. No. 9-2023; 8-21-2024 by L.L. No. 8-2024; 11-6-2024 by L.L. No. 13-2024]
A.
District purposes. This district is designed to provide areas for commercial establishments that typically require direct auto access to and visibility from a major arterial highway. Specifically, the intent of this district is to:
(1)
Provide appropriate locations and regulations for commercial uses which require large amounts of land area for storage, parking and other site requirements.
(2)
Accommodate those commercial uses which do not characteristically function well as part of regional or community shopping centers.
(3)
Provide for those unique commercial uses which must have highway locations for economic survival.
(4)
Provide regulations that ensure the visual and functional compatibility of highway business uses with surrounding land uses.
(5)
Provide for the coordinated and concentrated development of highway-oriented commercial uses at appropriate location along major roadways.
(6)
Provide for the coordinated development of highway business uses with other major regional and community commercial uses within the Town.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(3)
*Bakeries, retail.
(4)
*Banks or financial services.
(6)
*Bowling alleys.
(9)
*Clubs, health and fitness.
(11)
*Delicatessens.
(16)
*Indoor recreation.
(18)
*Laundries, laundromats, dry cleaners.
(21)
*Museums.
(22)
*Nurseries, greenhouses and vegetable stands.
(23)
*Offices.
(24)
*Outdoor recreation, including miniature golf courses, archery ranges, driving ranges and skating rinks.
(25)
*Personal service businesses, with or without drive-in or drive-through.
(28)
*Restaurants, with or without drive-in or drive-through.
(29)
*Retail businesses, with or without drive-in or drive-through.
(30)
*Service businesses, with or without drive-in or drive-through.
(31)
*Shoe stores.
(32)
*Supermarkets.
(33)
*Swimming pools and pool accessory sales.
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; "^" designates a use that is subject to special use permit approval by the Town Board and site plan approval by the Planning Board.):
(14)
(Reserved)
D.
Accessory uses shall be as follows: (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
E.
The area and bulk regulations for the B-H District shall be as follows:
Minimum Lot Area (acres) | Minimum Lot Frontage (feet) | Minimum Lot Width (feet) | Minimum Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maxi- mum Height (feet) |
|---|---|---|---|---|---|---|---|---|---|
2 | 200 | 200 | 400 | 40 | 40 | 40 | 25% | 75% | 45 or 3 stories |
(1)
On a lot, no single retail use shall occupy ground floor space in excess of 55,000 square feet.
(2)
The continuous ground level frontage of a single commercial use building in excess of 80 feet in length on any frontage exposed to a street, public space or parking area and ground-level commercial uses larger than 20,000 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)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
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 B-H 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)
A landscaped buffer area 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.
(2)
Utilities shall be placed underground.
(3)
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.
(4)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(5)
The adaptive reuse of existing structures is encouraged.
(6)
Where practicable, existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(7)
Additions to existing buildings shall use materials and details complementary to those incorporated in the parent structure.
(8)
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.
(9)
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.
(10)
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.
(11)
The utilization of ribbon or continuous strip glazing in any building facade shall be avoided.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
(16)
The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use.
(17)
The total number of required parking spaces shall be broken up into smaller "blocks" of parking, with no more than 20 parking spaces per parking block. Parking blocks shall be separated from each other by a landscaped area no less than five feet wide.
(18)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(19)
Where permitted, drive-in and drive-through facilities shall be located at the side or rear of buildings, and landscaping should be used to reduce the visibility of such facilities.
(20)
Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(21)
Cross-easements should be used to provide shared access to parking and driveways whenever possible.
(22)
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.
(23)
All roof-mounted equipment shall be screened utilizing screens of a height equal to the height of the unit.
§ 210-36 Shopping Center Business (B-SC) District.
A.
Purpose. The purpose of this district is to provide locations suited to the requirements of multicommunity or regional shopping. The shopping center depends upon the interrelationship of a variety of commercial establishments for its economic vitality, all of which are included in the list of permitted uses. Shopping centers depend almost entirely on automobile traffic, hence the necessity for large sites on major arterial highways, where neither the traffic they generate nor the vast parking areas they require will interfere with the amenities of any adjacent and, in particular, residential land use. Shopping centers should be comprised of a physically or architecturally integrated complex of stores or buildings.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1)
*Amusement machine complexes.
(4)
*Bakeries, retail.
(5)
*Banks or financial services.
(6)
*Bowling alleys.
(7)
*Clubs, health and fitness.
(8)
*Laundromats, dry cleaners.
(9)
*Libraries.
(11)
*Offices.
(12)
*Personal service businesses.
(15)
*Restaurants.
(16)
*Retail businesses.
(17)
*Service businesses.
(18)
*Shopping centers, shopping malls.
(19)
*Skating rinks.
(20)
*Supermarkets.
(21)
*Theaters.
(22)
*Recreation, indoor, private, not specifically mentioned.
C.
D.
Accessory uses shall be as follows (Note: "*" designated 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 B-SC 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 Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Imper- vious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|---|
15 | 500 | 500 | 600 | 100 | 100 | 100 | 25% | 75% | 55 or 3 stories |
(1)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
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 B-SC 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)
A landscaped buffer area 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.
(2)
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.
(3)
The development of parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
(4)
Utilities shall be placed underground.
(5)
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.
 |
Commercial developments may use small green spaces, courts, squares, parks, plazas, and similar spaces that can also function as community gathering places to provide transitions and ensure compatibility with surrounding noncommercial uses. |
(6)
The creation of a safe pedestrian environment is a principal goal of the Town. The design of parking lots, access driveways, and streets shall be designed to avoid and minimize the potential for pedestrian/vehicle conflicts.
(7)
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.
(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)
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. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. All signage shall be subject to Planning Board review and approval.
(10)
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.
(11)
The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use.
(12)
The total number of required parking spaces shall be broken up into smaller "blocks" of parking, with no more than 20 parking spaces per parking block. Parking blocks shall be separated from each other by a landscaped area no less than five feet wide.
(13)
No structure shall be located within 100 feet of any residence district boundary.
(14)
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.
 |
 |
A clear, on-site system of pedestrian walkways must be provided. The pedestrian system must connect buildings to one another, to parking areas, and to public streets and sidewalks. |
 |
Facades must be subdivided and proportioned using features such as windows, entrances, arcades, arbors, and awnings. |
 |
 |
All parking islands must be generously landscaped with native vegetation. |
 |
§ 210-37 Office Research (O-R) District.
A.
Purpose. The Office Research District is comprised of a grouping of a select number of special low-intensity industrial and commercial uses. With the imposition of stringent site development regulations, this district is an ideal transition zone between industrial zones and residential neighborhoods because of the buffering effect provided by the extensive landscaping requirements. However, it is important that O-R District sites be located with direct access to major arterial highways in order to manage the traffic such development generates.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1)
*Bakeries, wholesale.
(2)
*Banks or financial services.
(4)
*Clubs, health and fitness.
(6)
*Indoor recreation.
(7)
*Laboratories, research, development or engineering, dental, medical and radiological, not involving hazardous biological material use, storage or disposal.
(8)
*Offices.
(9)
*Parks.
(10)
*Playgrounds (public).
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 1-16-2013 by L.L. No. 1-2013; 7-19-2017 by L.L. No. 13-2017]
D.
E.
The area and bulk regulations for the O-R 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 Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maxi- mum Height (feet) |
|---|---|---|---|---|---|---|---|---|---|
6 | 500 | 500 | 600 | 200 | 100 | 100 | 25% | 75% | 45 or 3 stories |
(1)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
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 O-R 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)
A landscaped buffer area of not less than 60 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.
(2)
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 in width. 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.
(3)
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.
(4)
Parking shall be located in the rear or to the side(s) of any principal structure.
(5)
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. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. All signage shall be subject to Planning Board review and approval.
(6)
No structure shall be erected within 100 feet of a residence district boundary.
(7)
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.
(8)
All roof-mounted equipment shall be screened utilizing screens of a height equal to the height of the unit.
§ 210-38 Institutional (IN) District.
A.
District purposes. The Institutional District is intended to preserve and protect private and public educational, and hospital uses located in the Town. Marist College, Vassar College, Dutchess Community College, Saint Francis Hospital, and Oakwood School are located within a centralized campus setting and are vital community assets. This district recognizes the importance of these institutions and provides protections for their continued growth and operation while ensuring that nearby residential neighborhoods are protected.
B.
Permitted uses shall be as follows (Note: “*” designates a use which is subject to site plan approval by the Planning Board:
[Amended 12-17-2008 by L.L. No. 25-2008; 6-6-2012 by L.L. No. 9-2012]
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]
(2)
*Indoor and outdoor recreation.
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 IN 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 Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Imper- vious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|---|
3 | 200 | 200 | 400 | 50 | 50 | 50 | 25% | 75% | 60 or 6 stories |
(1)
Unless approved by the Planning Board, parking shall be located to the side or to the rear of principal structures.
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 IN 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)
A landscaped buffer area of not less than 35 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.
(2)
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.
(3)
Utilities shall be placed underground.
(4)
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 in width. 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.
(5)
No structure shall be erected within 100 feet of a residential district boundary.
(6)
Where practicable, existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(7)
The creation of a safe pedestrian environment is a principal goal of the Town. Parking lots, access driveways, and streets shall be designed to avoid and minimize the potential for pedestrian/vehicle conflicts.
(8)
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.
(9)
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. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. All signage shall be subject to Town Board review and approval.
(10)
All loading and unloading areas shall be screened from view from any public street.
(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)
All roof-mounted equipment shall be screened utilizing screens of a height equal to the height of the unit.
§ 210-39 Light Industrial (I-L) District.
A.
Purpose. Industrial zones are located close to arterial or limited-access highways and, where appropriate, near railroads or the river. This district provides adequate space for the development of light industry in appropriate locations. Light industrial uses that have a limited impact on the environment and the local neighborhood are encouraged. This zone provides buffer areas, especially adjacent to residential development.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
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; "^" designates a use that is subject to special use permit approval by the Town Board and site plan approval by the Planning Board.):
[Amended 7-19-2017 by L.L. No. 13-2017; 7-5-2023 by L.L. No. 8-2023; 8-2-2023 by L.L. No. 9-2023]
D.
Accessory uses shall be as follows (Note: "*" designates a use which is subject to site plan review by the Planning Board):
E.
The area and bulk regulations for the I-L 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 Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Impervious Surface (%) | Maxi- mum Height (feet) |
|---|---|---|---|---|---|---|---|---|---|
2 | 200 | 200 | 400 | 50 | 50 | 50 | 30% | 90% | 40 or 3.5 stories |
(1)
Industrial processes and operations shall be enclosed.
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 I-L 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)
A landscaped buffer area of not less than 100 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.
(2)
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. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. All signage shall be subject to Planning Board review and approval.
(3)
No structure shall be erected within 100 feet of a residence district boundary.
(4)
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.
(5)
Where practicable, existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(6)
Buildings composed of closed sided covered structures are encouraged.
(7)
Truck loading and unloading shall be confined to on-site areas. All loading and unloading areas shall be screened from view to any street.
§ 210-40 Heavy Industrial (I-H) District.
A.
Purpose. Industrial zones are located close to arterial or limited-access highways and, where appropriate, near railroads or the river. This district provides adequate space for the development of industry in appropriate locations. A wide range of industrial activity that conforms to a high level of performance standards is encouraged. This zone provides buffer areas, especially adjacent to residential developments.
B.
Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
(1)
*Any use permitted in the I-L District.
(2)
*Bakeries, wholesale; other food processing plants.
(3)
*Beverage distributors.
(4)
*Cold storage plants.
(5)
*Equipment, rental or sales yards.
(6)
*Health clubs.
(7)
*Heavy industrial uses as defined in this chapter.
(8)
*Indoor and outdoor recreation.
(9)
*Laundering, dry cleaning and dyeing works.
(10)
*Light industrial uses as defined in this chapter.
(11)
*Manufacturing, including fabrication, converting, processing, altering, assembly or other handling or products, excluding prohibited uses under § 210-94.
(12)
*Transfer stations.
(13)
*Wholesale 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; "^" designates a use that is subject to special use permit approval by the Town Board and site plan approval by the Planning Board.):
[Amended 7-19-2017 by L.L. No. 13-2017; 8-2-2023 by L.L. No. 9-2023]
D.
Accessory uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board):
E.
The area and bulk regulations for the I-H 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 Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Imper- vious Surface (%) | Maximum Height (feet) |
|---|---|---|---|---|---|---|---|---|---|
4 | 200 | 200 | 400 | 50 | 50 | 50 | 30% | 90% | 40 or 3.5 stories |
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 I-H 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)
A landscaped buffer area of not less than 100 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.
(2)
Industrial processes and operations shall be enclosed.
(3)
No structure shall be erected within 150 feet of a residential district boundary.
(4)
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. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. All signage shall be subject to Planning Board review and approval.
(5)
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.
(6)
Where practicable, existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(7)
Industrial processes and operations shall be enclosed.
(8)
Truck loading and unloading shall be confined to on-site areas. All loading and unloading areas shall be shielded from view from any street.
(9)
All outdoor storage of goods or materials shall be screened from view from any street.
§ 210-41 Quarry (Q) District.
A.
Purpose. The purpose of this district is to establish a district in which intensive soil and rock excavation may be undertaken on a large scale with minimum impact on the adjacent areas. Since extractive operations involve the use of explosives, creating intensive noise and vibrations and generate air pollution and heavy truck traffic, it is essential that the operation be controlled by strictly enforced safety regulations and that the Quarry District be surrounded by a buffer zone of sufficient depth to protect abutting properties from any nuisance caused by the operations.
B.
Permitted uses shall be as follows (Note: "*" All uses, with the exception of agriculture, soil mining and quarries, shall be subject to site plan approval by the Planning Board.):
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: "*" All uses, with the exception of agriculture, soil mining and quarries, shall be subject to site plan approval by the Planning Board.):
E.
The area and bulk regulations for the Q 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 Lot Depth (feet) | Minimum Front Yard (feet) | Minimum Side Yard (feet) | Minimum Rear Yard (feet) | Maximum Lot Coverage (%) | Maximum Imper- vious Surface (%) | Maximum Heighta (feet) |
|---|---|---|---|---|---|---|---|---|---|
20 | 200 | 200 | 400 | 100 | 50 | 50 | 30% | 90% | 40 or 3.5 stories |
NOTE: | |
|---|---|
a | This limitation shall not apply to buildings devoted to the processing or conveyance of excavated materials. |
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 Q 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)
A landscaped buffer area of not less than 150 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.
(2)
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. For multiple tenants, signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, and shall also be integrated with the site landscaping. All signage shall be subject to Planning Board review and approval.
(3)
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.
(4)
No structure shall be erected within 100 feet of a residence district boundary.
§ 210-42 Vehicle Fueling Station (VFS) Floating Overlay District.
[Added 8-4-2021 by L.L. No. 8-2021]
A.
Purpose and intent: The Town Board recognizes vehicle fueling stations are a necessity for the continued economic function of the Town. However, responsible legislation is necessary to properly integrate such stations into the local community and the Town's land use patterns and to regulate station development and preserve and advance the public health, safety and welfare. Vehicle fueling stations, referred to previously in this Zoning Law as "gasoline filling stations," have previously been regulated only in connection with a larger group of automobile-related uses. The Town Board seeks to include in the Zoning Code regulations specific to vehicle fueling stations, which will govern the location, design and use of current and future vehicle fueling stations. The regulations are intended to ensure that vehicle fueling stations continue to operate in the Town without unduly impacting community character and local transportation network, particularly in residential neighborhoods, as well as in a manner that is protective of the general health and safety of the Town. These regulations will encourage the most appropriate siting and use of current and future vehicle fueling station sites, create sufficient buffers from residential areas, and improve the aesthetic environment of the Town.
B.
Siting criteria.
(1)
No premises may be used as a vehicle fueling station except in conformance with this article.
(2)
There is hereby established a Vehicle Fueling Station Floating Overlay (VFS) District, which may be mapped by a legislative action of the Town Board in accordance with Article XIV (Amendments) of this chapter only on parcels which meet all of the following criteria:
(a)
The lot possesses a minimum lot area of 30,000 square feet, unless the underlying district regulations require a larger lot area.
(b)
The lot located along major commercial thoroughfares possesses a minimum street frontage of 200 feet, unless the underlying district regulations require a larger road frontage.
(c)
The vehicle fueling station facility must be located at least 500 feet from any property developed for residential use which is located in a residential district. For the purposes of this section, "facility" shall include any structures on any property including a vehicle fueling station. The required distance shall be measured from the property line of the property developed for residential use which is located in a residential district to the closest point of any structures or improvements on the vehicle fueling station property.
(d)
The vehicle fueling station facility must be located at least 500 feet from another vehicle fueling station, including any pre-existing motor vehicle service facilities containing a gasoline filling station approved prior to the effective date of this section of the Zoning Code.
(3)
No petition to map a lot in the VFS District shall be entertained, heard, acted upon, or granted unless such land shall lie in one or more of the following Business and Commercial Districts in the Town:
C.
VFS District regulations.
(1)
Permitted uses. Any parcel utilized as a vehicle fueling station shall be prohibited from conducting any use and/or operation except:
(a)
The storage and retail sale of automotive fuel, kerosene, and propane.
(b)
Electric vehicle charging stations.
(c)
The retail sale of automotive accessory items.
(d)
The retail sale of over-the-counter consumer merchandise.
(e)
Secondary permitted principal uses to accompany a vehicle fueling station are limited to the following: use as a car wash, quick-stop maintenance or convenience store selling goods and food for off-site consumption, but not including repair services or facilities. If a secondary permitted principal use as a car wash is involved, the restrictions of Zoning Law § 210-90F shall also apply.
(2)
Non-permitted uses. Further, in addition to other nonpermitted uses, the following activities shall be strictly prohibited on any parcel containing a vehicle fueling station:
(a)
The sale, lease, storage or display of new or used vehicles. However, the outdoor storage of a vehicle awaiting minor repairs is permissible in designated areas for a period of not more than 24 hours.
(b)
Outdoor storage and/or display of new and/or used automobiles, boats, automobile parts or other merchandise except for small sample displays of automotive accessory items.
(c)
Any outdoor use involving fire, sparks or a high level of heat, or any use involving fuel from portable fuel tanks, with the exception of the storing and sale of propane.
(d)
Junkyards and/or parts scavenging.
(e)
Outdoor storage and/or display of vending machines, except those located directly adjacent to the walls of the principal building. A total number of four vending machines shall be permitted per site. This restriction shall not apply to air dispensers.
(3)
Area and bulk regulations.
(a)
Lot coverage. The maximum lot coverage shall be that applicable in the underlying district.
(b)
Fuel dispensers. The number of permitted fuel dispensers shall be determined on the basis of the requirements of 1,500 square feet of lot area per dispenser subject to a maximum of 16 dispensers per station. A multiple dispenser stanchion shall be counted according to the number of dispensers; for example, a double stanchion shall be counted as two dispensers.
(c)
Height. No building, structure, dispenser or other equipment except approved signs shall exceed 18 feet in height as measured from the average finished grade abutting said building, structure, or equipment.
(d)
Depth. The lot shall have a depth of not less than 100 feet.
(4)
Yards and setbacks. No vehicle fueling station shall be erected or operated except in compliance with the following requirements:
(a)
All buildings and structures except fuel dispensers shall have the minimum yards and setbacks as those required in the underlying district.
(b)
Location of fuel dispensers. All fuel dispensers and islands shall be located at least 25 feet from any street property line and at least 25 feet from any side line or rear property line.
(5)
Off-street parking. The provisions of § 210-92 of this chapter shall apply to off-street parking in the VFS District.
(6)
Amenities and design. No site plan approval or building permit shall be issued for a vehicle fueling station without compliance with the following requirements:
(a)
Fences. A six-foot-high stockade fence, as measured from ground level and woven in a neutral inconspicuous color, shall be erected and maintained along business and residential property lines, but no fence shall be erected closer than 15 feet from any street property line.
(b)
Landscaping. A five-foot buffer strip shall be provided to protect any adjoining businesses or property developed for residential use which is located in a residential district near the site. Such strip shall contain evergreens not less than seven feet high and planted not more than seven feet apart and maintained in good condition, provided that such planting shall not be closer than 15 feet from the property line abutting a street.
(c)
Walls. In lieu of the above-mentioned fence and landscaping requirements, the owner may install a wall of good quality and design on all such abutting property lines other than street lines or, in the alternative, may install such fences and landscaping along a portion of such abutting property lines and install such a wall along the remaining portions of such property lines. A detailed plan of such substitution of walls for fences and landscaping shall be shown on the site plan upon an original application.
(d)
Distance between fuel dispensers. The maximum distance between two dispensers on an island shall be 10 feet.
(e)
Intrusion into required area. No building or structure, fuel dispenser, dispenser island, service island, sign, pole or parking area shall be located within a required front, side or rear yard.
(g)
Underground storage of fuel. All bulk petroleum products or similar substances shall be stored underground, and all applicable rules governing the storage of underground petroleum tanks shall apply.
D.
Review of petitions for mapping in the VFS District; site plan approval required.
(1)
A petition for inclusion of new premises in the VFS District shall be submitted in accordance with Article XIV of this chapter. No petition for the inclusion of any land in the VFS District shall be entertained, heard, or acted upon unless such application shall be accompanied by a sketch plan submitted to the Town Board with such application and including such details as the Town Board may require.
(2)
Upon the Town Board applying the VFS District to a particular parcel in their legislative discretion and in consideration of the requirements set forth herein, site plan approval by the Planning Board, along with any other permits and approvals required under the Town Code or by any other law or regulation, is required prior to any building permits being issued to operate a vehicle fueling station. The Planning Board shall prescribe such additional requirements and standards as are provided for in Article XIII of this chapter (Procedures and Standards for Site Plan Approval).
E.
Principal permitted uses. Only the permitted use(s) established in § 210-42C(1) above may operate at one time on any site mapped in the VFS District. In the event that the owner of a lot improved with a vehicle fueling station seeks to the change the principal use from a vehicle fueling station to another use permitted in the underlying district, site plan approval shall be required in accordance with the provisions of Article XIII of this chapter.
F.
Discontinuance of vehicle fueling stations. Upon the discontinuance of a vehicle fueling station in the VFS District, the permitted uses on the lot shall be limited to the uses permitted in the underlying zoning district. A discontinued vehicle fueling station, gasoline filling station and/or motor vehicle service facility containing a gasoline filling station use on any lot in the Town (whether existing prior to the enactment of this VFS District or in accordance with the provisions of this section) shall not be resumed or reestablished without approval from the Town Board, and any subsequent use of the lot shall conform to the use regulations of the underlying district. A vehicle fueling station, gasoline filling station and/or motor vehicle service facility containing a gasoline filling station shall be deemed to have been discontinued if: (1) there is a cessation of the use of the vehicle fueling station, Gasoline Filing Station, and/or motor vehicle service facility containing a gasoline filling station by the owner or operator for a period of six consecutive months; (2) the removal of fuel dispensers from the premises and their continuous absence from the premises for a period of 30 consecutive days unless the owner has obtained a waiver of this condition upon written application to the Town Board; (3) the owner or operator does not obtain a building permit within one year of the Town Board granting approval for inclusion of the lot in the VFS District, or such longer period as the Town Board may by resolution determine; or (4) the owner or operator does not complete construction of the vehicle fueling station within the time permitted under the site plan approval issued by the Planning Board. Additionally, and for purposes of this section, the completion of construction shall be the date on which a certificate of occupancy is issued by the Town of Poughkeepsie.
G.
Gasoline filling stations existing prior to the creation of the VFS District.
(1)
All existing gasoline filling stations outside of the VFS District, which shall be deemed to include any motor vehicle service facility containing a gasoline filling station, existing as of the effective date of this section shall be permitted to continue as nonconforming uses.
(2)
The provisions of Article X (Nonconforming Buildings and Uses) of this chapter shall apply to any proposed expansion or extension of a nonconforming gasoline filling station outside of the VFS District, except that any modernization of the existing machinery on the property improved with a nonconforming gasoline filling station outside of the VFS District shall not constitute an expansion of extension of the nonconforming use, but shall require site plan review by the Planning Board.
H.
Signs. In addition to the requirements set forth in Article IX, §§ 210-117 through 210-123.2 and § 210-130 of this Zoning Law, the following are additional requirements on any sign erected or maintained in any vehicle fueling station in the VFS District:
(1)
The price/grade signs must at all times accurately reflect the actual price of automotive fuel and kerosene being offered for sale.
(2)
Signs bearing the corporate insignia and/or brand name of the gasoline sold and/or type of services available on site (i.e., full-service and/or self-service), shall be the only signs permitted on the canopy.
(3)
Signs affixed to or incorporated into the canopy shall not face residentially zoned and developed properties.