Poughkeepsie, NY Zoning Ordinance

Poughkeepsie City Zoning Code

ARTICLE VII

Waterfront District Regulations

§ 210-43 Waterfront District 1 (WD1).

Purpose. The Waterfront District 1 (WD1) covers the areas of waterfront adjacent to low-intensity uses. It is the purpose of the WD1 District to promote compatible, well-designed water-dependent uses; achieve public access to the coastal area; control development; protect and enhance the corridor's natural, scenic and cultural resources; provide opportunities for permanent public views and access to the Hudson River; and to implement the policies and purposes of the Town of Poughkeepsie's Local Waterfront Revitalization Program.[1] The WD1 District regulations are in addition to the regulations of the underlying zoning district as applied to those uses set forth in Subsection B below.

[1]

Editor's Note: See Ch. 205, Waterfront Consistency Review.

Permitted uses. Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board.) These uses shall be in addition to the uses allowed in the underlying zoning district(s):

(1)

*Public and/or private recreation facilities, including membership clubs, which utilize the waterfront for active or passive recreation use, including public parks, trails, docks and piers, playgrounds, beaches and swimming facilities.

(2)

*Community centers when part of coastal public access or public recreational access.

(3)

*Scientific, cultural, historic, artistic and educational activities and uses which, by their nature, require access to coastal waters.

(4)

*Mariculture and aquaculture activities.

(5)

*Infrastructure and facilities to provide access across the railroad tracks between the Waterfront District 1 and upland locations.

(6)

*Support facilities and temporary or movable structures necessary for successful functioning of above uses. To the extent possible, such facilities will be sited inland of the principal use.

(7)

*Structures needed for flood protection and navigational purposes.

(8)

*Sewage disposal and water treatment facilities.

Special uses. Special uses subject to Planning Board site plan and special use permit approval are as follows: marinas and related uses such as sale of marine supplies, services, fuel and equipment; boat yards; boat repairs; manufacture, assembly or repair of marine products such as boats, sails and hardware; charter boats and fishing guide operations, boat rentals; annual membership clubs which are water-dependent or support facilities necessary for successful functioning of the above uses. To the extent possible, such support facilities will be sited inland of the principal use. Marina development shall be in accordance with both the requirements of this district and those of § 210-82.

[Amended 7-19-2017 by L.L. No. 13-2017]

Site plan approval factors. In addition to the factors for consideration during site plan review outlined in § 210-152, the Planning Board shall consider the visual impact of site development so as to mitigate, to the extent reasonably possible, the impact of development which is incompatible with existing views of the Hudson River from upland locations and of the waterfront from the Hudson River. The Planning Board will use the following siting and development guidelines to achieve these objectives, recognizing that each development opportunity is unique and that guidelines will have to be applied accordingly and considering both the scenic resource and the community's development objectives and priorities:

(1)

Siting and designing structures to enhance the visual character of and create or maintain views of the Hudson River; siting elements such as power lines and signs back from the shoreline or in other inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore.

(2)

Clustering or orienting structures to retain views, save open space and provide visual organization to a development.

(3)

Incorporating existing historic structures into the overall development scheme.

(4)

Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest.

(5)

Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, and blend structures into the site and obscure unattractive elements, except when sensitive clearing creates views of coastal waters.

(6)

Using appropriate materials, in addition to vegetation, to screen unattractive elements.

(7)

Using appropriate scales, colors, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

The area and bulk regulations for the uses set forth in Subsection B above in the WD1 District shall be as follows:

(1)

Height.

(a)

Maximum building or structure height shall be 30 feet.

(b)

Height exceptions.

[1]

A maximum height increase of 10 feet may be granted by the Planning Board if dedicated meaningful, permanent public access to the shoreline is provided. "Meaningful, permanent public access" is defined as safe and unobstructed access to and along the dry, nontidal or unsubmerged shore areas for all members of the public. It is the Town's objective to attempt to provide a continuous public access system to and along the waterfront and/or public rights-of-way. Such access shall be in the form of a permanent easement or the granting of fee title to the Town of Poughkeepsie. Access may be regulated by reasonable conditions in a management plan submitted by the applicant and approved by the Planning Board as part of the final site plan approval. Because of the nature of the Town's shoreline, the Planning Board shall have the discretion to determine the dimensions of the access provided under this incentive. Where feasible, the access shall be at least 12 feet wide from the street to the shoreline, and at least 15 feet wide along the shoreline for the entire width of the property in the WD1 District. A surface suitable for pedestrian use, at least 10 feet wide, where feasible, shall be provided for the entire length of the access easement and to a standard approved by the Town of Poughkeepsie Engineer.

[2]

As part of site plan approval, the Planning Board may allow one or more elements of a proposed land use to be in excess of the height limitation if the element is an integral part of the proposed permitted or special permit use, provided that the permitted height shall not exceed that which, in the Planning Board's judgment, is reasonably necessary for the beneficial operation of the permitted use or special permit use. For example, a crane for transferring boats in and out of the water would be an integral part of a marina operation.

(2)

Lot area, river frontage and setback. There will be no minimum lot size. No lot shall have a river frontage of less than 100 feet. No building, structure or part thereof shall be erected nearer to the water's edge than 20 feet from mean high water. Water-dependent uses which require a location on or adjacent to the water are exempt from this setback requirement.

(3)

Maximum lot coverage. The total coverage of all buildings, structures or impervious surfaces on that portion of any lot located within the WD1 District shall not exceed more than 50%.

(4)

Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:

(a)

Marinas shall provide at least a minimum of 0.6 space for each slip, berth or mooring plus whatever additional spaces are deemed necessary by the Board of Appeals for employees and for ancillary retail activities on the premises.

(b)

Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility.

(c)

Parking requirements for a use in the WD1 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner.

(d)

All sites with an area of one acre or more shall comply with DEC regulations.

(5)

Screening and landscaping.

(a)

Screening and landscaping of new development shall be provided as required by the Planning Board during site plan review to mitigate visual impacts, protect neighboring properties and improve the scenic quality of the Hudson River waterfront.

(b)

To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region.

§ 210-44 Waterfront District 2 (WD2).

Purpose. The Waterfront District 2 (WD2) covers the areas of waterfront adjacent to intensive industrial and commercial activity. It is the purpose of the WD2 District to promote well-designed water-dependent or rail-dependent or -enhanced commercial and industrial uses; promote revitalization and redevelopment of deteriorated and underutilized areas; ensure appropriate development; protect and enhance the corridor's natural, scenic and cultural resources; and to implement the policies and purposes of the Town of Poughkeepsie's Local Waterfront Revitalization Program (LWRP).[1] The WD2 District regulations are in addition to the regulations of the underlying zoning district as applied to those uses set forth in Subsection B below.

[1]

Editor's Note: See Ch. 205, Waterfront Consistency Review.

Permitted uses. Permitted uses shall be as follows. (Note: "*" designates a use which is subject to site plan approval by the Planning Board.) These uses shall be in addition to the uses allowed in the underlying zoning district(s):

(1)

*Uses which utilize water transportation and/or rail transportation for transfer of goods, products or raw materials.

(2)

*Infrastructure and facilities to provide access across the railroad tracks between the Waterfront District 2 and upland locations.

(3)

*Uses, facilities and infrastructure, accessory to adjoining upland uses, which are dependent on or enhanced by access to the waterfront for effective operation.

(4)

*Facilities which support or are accessory to one of the above uses and which by their nature must be close to the use, which shall be sited inland of the principal use, to the extent reasonably possible.

(5)

*All permitted uses allowed in the Waterfront District 1.

(6)

*Marinas and related uses such as sale of marine supplies, services, fuel and equipment; boat yards; boat repairs; manufacture, assembly or repair of marine products such as boats, sails and hardware; charter boats and fishing guide operations; boat rentals; annual membership clubs which are water-dependent; or support facilities necessary for successful functioning of the above uses. To the extent possible, such support facilities will be sited inland of the principal use. Marina development shall be in accordance with both the requirements of this district and those of § 210-82.

Site plan approval factors. In addition to the factors for consideration during site plan review outlined in § 210-152, the Planning Board shall consider the visual impact of site development, so as to mitigate, to the extent reasonably possible, the impact of development which is incompatible with existing views of the Hudson River from upland locations set forth in Policy 25 of the Town of Poughkeepsie LWRP and of the waterfront from the Hudson River. The Planning Board will use the following siting and development guidelines to achieve these objectives, recognizing that each development opportunity is unique and that guidelines will have to be applied accordingly and considering both the scenic resource and the community's development objectives and priorities:

(1)

(2)

Clustering or orienting structures to retain views, save open space and provide visual organization to a development.

(3)

Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest.

(4)

Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend structures into the site and obscure unattractive elements, except when sensitive clearing creates views of coastal waters.

(5)

Using appropriate materials, in addition to vegetation, to screen unattractive elements.

(6)

Using appropriate scales, colors, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

The area and bulk regulations for the uses set forth in Subsection B above in the WD2 District shall be as follows:

(1)

Height.

(a)

Maximum building or structure height shall be 30 feet.

(b)

Height exceptions.

[1]

The height limitation shall not apply to buildings or structures devoted to the processing or conveyance of excavated materials which require a waterside location. However, all such structures shall be the minimum height that will accomplish the intended function.

[2]

As part of site plan approval, the Planning Board may allow one or more elements of a proposed land use to be in excess of this height limitation only if the element is an integral part of the proposed permitted or special permit use, provided that the permitted height shall not exceed that which, in the Planning Board's judgment, is reasonably necessary for the beneficial operation of the permitted use. For example, a crane for transferring boats in and out of the water would be an integral part of a marina operation, or a bridge, trestle or conveyor over the railroad tracks would be an integral part of access to various permitted uses.

(2)

Lot area, river frontage and setback. There will be no minimum lot size. No lot shall have a river frontage of less than 100 feet. No building, structure or part thereof shall be erected nearer to the water's edge than 20 feet from mean high water. Water-dependent or rail-dependent uses which require a location on or adjacent to the water are exempt from this requirement. No road frontage is required when upland property in the same ownership is located in a different zoning district and provides such frontage.

(3)

Maximum lot coverage. The total coverage of all buildings and structures on that portion of any lot located within the WD2 District shall not exceed more than 50% of the lot.

(4)

Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:

(a)

Marinas shall provide at least 0.6 space for each slip, berth or mooring plus additional spaces deemed necessary by the Board of Appeals for employees and for ancillary retail activities on the premises.

(b)

Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility.

(c)

Parking requirements for a use in the WD2 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner.

(d)

All sites with an area of one acre or more shall comply with DEC regulations.

(5)

Screening and landscaping.

(a)

Screening and landscaping of new development shall be provided as required by the Planning Board during site plan review to mitigate visual impacts to the extent reasonably possible.

(b)

To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region.

Poughkeepsie City Zoning Code

ARTICLE VII

Waterfront District Regulations

§ 210-43 Waterfront District 1 (WD1).

[1]

Editor's Note: See Ch. 205, Waterfront Consistency Review.

(1)

(2)

*Community centers when part of coastal public access or public recreational access.

(3)

*Scientific, cultural, historic, artistic and educational activities and uses which, by their nature, require access to coastal waters.

(4)

*Mariculture and aquaculture activities.

(5)

*Infrastructure and facilities to provide access across the railroad tracks between the Waterfront District 1 and upland locations.

(6)

*Support facilities and temporary or movable structures necessary for successful functioning of above uses. To the extent possible, such facilities will be sited inland of the principal use.

(7)

*Structures needed for flood protection and navigational purposes.

(8)

*Sewage disposal and water treatment facilities.

[Amended 7-19-2017 by L.L. No. 13-2017]

(1)

(2)

Clustering or orienting structures to retain views, save open space and provide visual organization to a development.

(3)

Incorporating existing historic structures into the overall development scheme.

(4)

Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest.

(5)

(6)

Using appropriate materials, in addition to vegetation, to screen unattractive elements.

(7)

Using appropriate scales, colors, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

The area and bulk regulations for the uses set forth in Subsection B above in the WD1 District shall be as follows:

(1)

Height.

(a)

Maximum building or structure height shall be 30 feet.

Height exceptions.

Maximum lot coverage. The total coverage of all buildings, structures or impervious surfaces on that portion of any lot located within the WD1 District shall not exceed more than 50%.

(4)

Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:

(a)

(b)

Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility.

(c)

Parking requirements for a use in the WD1 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner.

(d)

All sites with an area of one acre or more shall comply with DEC regulations.

(5)

Screening and landscaping.

(a)

(b)

To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region.

§ 210-44 Waterfront District 2 (WD2).

[1]

Editor's Note: See Ch. 205, Waterfront Consistency Review.

(1)

*Uses which utilize water transportation and/or rail transportation for transfer of goods, products or raw materials.

(2)

*Infrastructure and facilities to provide access across the railroad tracks between the Waterfront District 2 and upland locations.

(3)

*Uses, facilities and infrastructure, accessory to adjoining upland uses, which are dependent on or enhanced by access to the waterfront for effective operation.

(4)

(5)

*All permitted uses allowed in the Waterfront District 1.

(6)

Site plan approval factors. In addition to the factors for consideration during site plan review outlined in § 210-152, the Planning Board shall consider the visual impact of site development, so as to mitigate, to the extent reasonably possible, the impact of development which is incompatible with existing views of the Hudson River from upland locations set forth in Policy 25 of the Town of Poughkeepsie LWRP and of the waterfront from the Hudson River. The Planning Board will use the following siting and development guidelines to achieve these objectives, recognizing that each development opportunity is unique and that guidelines will have to be applied accordingly and considering both the scenic resource and the community's development objectives and priorities:

(1)

(2)

Clustering or orienting structures to retain views, save open space and provide visual organization to a development.

(3)

Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest.

(4)

(5)

Using appropriate materials, in addition to vegetation, to screen unattractive elements.

(6)

Using appropriate scales, colors, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

The area and bulk regulations for the uses set forth in Subsection B above in the WD2 District shall be as follows:

(1)

Height.

(a)

Maximum building or structure height shall be 30 feet.

Height exceptions.

Lot area, river frontage and setback. There will be no minimum lot size. No lot shall have a river frontage of less than 100 feet. No building, structure or part thereof shall be erected nearer to the water's edge than 20 feet from mean high water. Water-dependent or rail-dependent uses which require a location on or adjacent to the water are exempt from this requirement. No road frontage is required when upland property in the same ownership is located in a different zoning district and provides such frontage.

(3)

Maximum lot coverage. The total coverage of all buildings and structures on that portion of any lot located within the WD2 District shall not exceed more than 50% of the lot.

(4)

Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:

(a)

(b)

Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility.

(c)

Parking requirements for a use in the WD2 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner.

(d)

All sites with an area of one acre or more shall comply with DEC regulations.

(5)

Screening and landscaping.

(a)

Screening and landscaping of new development shall be provided as required by the Planning Board during site plan review to mitigate visual impacts to the extent reasonably possible.

(b)

To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region.

Poughkeepsie City Zoning Code

ARTICLE VII

Waterfront District Regulations

§ 210-43 Waterfront District 1 (WD1).

[1]

Editor's Note: See Ch. 205, Waterfront Consistency Review.

(1)

(2)

*Community centers when part of coastal public access or public recreational access.

(3)

*Scientific, cultural, historic, artistic and educational activities and uses which, by their nature, require access to coastal waters.

(4)

*Mariculture and aquaculture activities.

(5)

*Infrastructure and facilities to provide access across the railroad tracks between the Waterfront District 1 and upland locations.

(6)

*Support facilities and temporary or movable structures necessary for successful functioning of above uses. To the extent possible, such facilities will be sited inland of the principal use.

(7)

*Structures needed for flood protection and navigational purposes.

(8)

*Sewage disposal and water treatment facilities.

[Amended 7-19-2017 by L.L. No. 13-2017]

(1)

(2)

Clustering or orienting structures to retain views, save open space and provide visual organization to a development.

(3)

Incorporating existing historic structures into the overall development scheme.

(4)

Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest.

(5)

(6)

Using appropriate materials, in addition to vegetation, to screen unattractive elements.

(7)

Using appropriate scales, colors, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

The area and bulk regulations for the uses set forth in Subsection B above in the WD1 District shall be as follows:

(1)

Height.

(a)

Maximum building or structure height shall be 30 feet.

Height exceptions.

Maximum lot coverage. The total coverage of all buildings, structures or impervious surfaces on that portion of any lot located within the WD1 District shall not exceed more than 50%.

(4)

Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:

(a)

(b)

Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility.

(c)

Parking requirements for a use in the WD1 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner.

(d)

All sites with an area of one acre or more shall comply with DEC regulations.

(5)

Screening and landscaping.

(a)

(b)

To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region.

§ 210-44 Waterfront District 2 (WD2).

[1]

Editor's Note: See Ch. 205, Waterfront Consistency Review.

(1)

*Uses which utilize water transportation and/or rail transportation for transfer of goods, products or raw materials.

(2)

*Infrastructure and facilities to provide access across the railroad tracks between the Waterfront District 2 and upland locations.

(3)

*Uses, facilities and infrastructure, accessory to adjoining upland uses, which are dependent on or enhanced by access to the waterfront for effective operation.

(4)

(5)

*All permitted uses allowed in the Waterfront District 1.

(6)

Site plan approval factors. In addition to the factors for consideration during site plan review outlined in § 210-152, the Planning Board shall consider the visual impact of site development, so as to mitigate, to the extent reasonably possible, the impact of development which is incompatible with existing views of the Hudson River from upland locations set forth in Policy 25 of the Town of Poughkeepsie LWRP and of the waterfront from the Hudson River. The Planning Board will use the following siting and development guidelines to achieve these objectives, recognizing that each development opportunity is unique and that guidelines will have to be applied accordingly and considering both the scenic resource and the community's development objectives and priorities:

(1)

(2)

Clustering or orienting structures to retain views, save open space and provide visual organization to a development.

(3)

Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest.

(4)

(5)

Using appropriate materials, in addition to vegetation, to screen unattractive elements.

(6)

Using appropriate scales, colors, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

The area and bulk regulations for the uses set forth in Subsection B above in the WD2 District shall be as follows:

(1)

Height.

(a)

Maximum building or structure height shall be 30 feet.

Height exceptions.

Lot area, river frontage and setback. There will be no minimum lot size. No lot shall have a river frontage of less than 100 feet. No building, structure or part thereof shall be erected nearer to the water's edge than 20 feet from mean high water. Water-dependent or rail-dependent uses which require a location on or adjacent to the water are exempt from this requirement. No road frontage is required when upland property in the same ownership is located in a different zoning district and provides such frontage.

(3)

Maximum lot coverage. The total coverage of all buildings and structures on that portion of any lot located within the WD2 District shall not exceed more than 50% of the lot.

(4)

Off-street parking. Off-street parking facilities will be provided as set forth in § 210-92, except that:

(a)

(b)

Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility.

(c)

Parking requirements for a use in the WD2 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner.

(d)

All sites with an area of one acre or more shall comply with DEC regulations.

(5)

Screening and landscaping.

(a)

Screening and landscaping of new development shall be provided as required by the Planning Board during site plan review to mitigate visual impacts to the extent reasonably possible.

(b)

To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region.