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This article establishes the zoning districts and contains basic information pertaining to zoning districts, primarily statements of purpose and district-specific regulations. Article III, Use Regulations, and Article IV, Development Standards, set forth the uses allowed within the districts and the dimensional and development standards applying to development in the districts, respectively.
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[Amended 5-26-2011 by L.L. No. 5-2011; 10-13-2016 by L.L. No. 3-2016]
The Village of Nyack is hereby divided into the following zoning
districts:
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District Category
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District Name
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Abbreviation
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|---|---|---|
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Residential
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Single-Family Residential-1
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SFR-1
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Single-Family Residential-2
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SFR-2
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Two-Family Residential
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TFR
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Multifamily Residential-1
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MFR-1
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Multifamily Residential-2
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MFR-2
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Multifamily Residential-3
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MFR-3
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Mixed use
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Downtown Mixed Use-1
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DMU-1
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Downtown Mixed Use-2
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DMU-2
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Residential Mixed Use
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RMU
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Office Mixed Use
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OMU
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Other
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Corridor Commercial
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CC
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Waterfront
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WF
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Manufacturing
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M
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Hospital
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H
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A.
Official map adopted. The boundaries of the zoning districts are
established as shown on the Zoning Map, Village of Nyack, dated January
1, 2010, as amended from time to time. The map and all explanatory
matter thereon is hereby adopted and made a part of this chapter.
The Zoning Map shall be kept up-to-date in the office of the Building
Inspector for the use and benefit of the public.
B.
Interpretation of zoning district boundaries. In determining the
boundaries of districts shown on the map, the following rules shall
apply:
(1)
Unless otherwise shown, the district boundaries shall be construed
to coincide with the center lines of streets, alleys, parkways, waterways
and main track or tracks of railroads.
(2)
Where such boundaries are indicated as approximately following
the property lines of parks or other publicly owned lands, such lines
shall be construed to be such boundaries.
(3)
In all cases where a district boundary line is located not farther
than 15 feet away from a lot line of record, such boundary shall be
construed to coincide with such lot line.
(4)
Any boundary shown extended into the Hudson River shall be deemed
to extend to the boundary of the Village, unless otherwise indicated.
(5)
In all other cases, where dimensions are not shown on the Zoning
Map, the location of boundaries shall be determined by the Building
Inspector utilizing the scale appearing on such map.
C.
Lots in two or more districts. Where a single lot is divided by one
or more district boundary lines, the regulations for the less restrictive
portion of such lots shall not extend into the more restricted portion
of the lot.
A.
General purpose of residential districts. The residential zoning
districts contained in this section are intended to:
(1)
Provide appropriately located areas for residential development
that are consistent with the Village's Comprehensive Master Plan and
with standards for public health, safety and general welfare;
(2)
Allow for a variety of housing types that meet the diverse economic
and social needs of residents;
(3)
Protect sensitive environmental and historic resources;
(4)
Protect the scale and character of existing residential neighborhoods
and community character;
(5)
Ensure adequate light, air, privacy and open space for each
residential dwelling, and protect residents from the harmful effects
of excessive noise, glare and light pollution, traffic congestion
and other significant adverse environmental effects; and
(6)
Protect residential development from neighboring uses that are
incompatible with a residential environment.
B.
Single-Family Residential Districts (SFR-1 and SFR-2). The purpose
of the SFR-1 and SFR-2 Districts is to provide a suitable area for
single-family dwellings and other uses and facilities that are compatible
with single-family neighborhoods in the Village of Nyack. The districts
are distinguished by the required minimum lot area.
C.
Two-Family Residential District (TFR). The purpose of the TFR District
is to provide a suitable area for a mixture of one- and two-family
dwellings in areas characterized by a mixture of housing types, and
for other uses and facilities that are compatible with residential
neighborhood development in the Village.
D.
Multifamily Residential Districts (MFR-1, MFR-2 and MFR-3). The purpose
of the multifamily residential districts is to provide for a range
of housing types and densities that are commensurate with the scale
and character of various neighborhoods in the Village, and to provide
for other uses and facilities that are compatible with residential
developments in these districts. The districts are distinguished primarily
by the maximum allowed density of dwelling units per acre.
E.
Residential district design standards.
(1)
Purpose. The standards of this section are intended to promote
high-quality residential development and construction; protect property
values; encourage visual variety and architectural compatibility;
and promote an integrated character for the Village's neighborhoods.
Specifically, the standards shall:
(a)
Provide variety and visual interest in the exterior design of
residential buildings;
(b)
Provide for a variety of lot sizes and housing types for a range
of households and age groups;
(c)
Enhance the residential streetscape and diminish the prominence
of garages and parking areas;
(d)
Enhance public safety by preventing garages from obscuring main
entrances or blocking views of the street from inside dwellings; and
(e)
Improve the compatibility of attached and multifamily residential
development with the residential character of surrounding neighborhoods.
(2)
Orientation of dwellings to the street. Each residential building
shall have at least one primary pedestrian doorway for access to the
dwelling located on the elevation of the dwelling facing the front
lot line of the property, and clearly visible from the street or public
area adjacent to the front lot line. On corner lots, the pedestrian
doorway may be located facing any adjacent street. Unless prohibited
by terrain or other site constraints, the orientation of new buildings
and alterations shall repeat the predominant relationship of buildings
to buildings and buildings to street along the same block face or
the facing block face. An exception shall be made for single-family
detached dwelling units that do not have street frontage but do front
onto a park or parklike common open area. In such case where the dwelling
unit does not have street frontage, one primary pedestrian doorway
shall be oriented toward a pedestrian walk in the park that connects
to a street.
(3)
Garages.
(a)
Detached garages are preferable to attached garages. Detached garages shall comply with the requirements for accessory buildings and structures contained in § 360-3.2E(1).
(b)
Garage doors for attached garages shall face the side or rear
of the lot when possible.
(c)
When garage doors for an attached garage cannot be designed
to face the side or rear of the lot, such garage doors may face the
street in accordance with the following requirements:
[1]
Garage doors for an attached garage facing the street shall
be set back a minimum of four feet behind the front facade of the
dwelling portion of the structure.
[2]
Garage doors for an attached garage facing the street shall
not comprise more than 15% of the front facade of a principal dwelling
structure that is greater than one story in height, or 25% of the
front facade of a principal dwelling structure that is one story in
height.
(4)
Corner lots.
(a)
Obstruction to vision at street intersections. At all street
intersections in all residential districts, no obstructions to vision
exceeding 30 inches in height above curb level shall be erected or
maintained on any lot within the triangle formed by the street lines
of such lot and a line drawn between points along such street lines
30 feet distant from their point of intersection. The Building Inspector
shall have the ability to decrease the permitted height and modify
the location of fences, walls and hedges in the front yard on corner
lots in order to account for site-specific conditions.
(b)
Rear and side yards. On a corner lot, front yards are required
on both street frontages, and one yard other than the front yards
shall be deemed to be a rear yard, and the other or others, side yards.
The minimum district requirements for each shall be complied with.
(5)
Sidewalks. Sidewalks conforming to Village specifications shall
be provided on the street frontage of the lot and/or within the right-of-way
of any street located adjacent to a lot in the residential zoning
districts. The sidewalk material shall be continuous through the drive.
A.
General purpose of mixed-use districts. Mixed-use districts define
the uses of land and the siting and character of buildings and improvements
to promote compatibility between uses. Buildings are typically designed
and oriented to maximize visibility and provide a high quality of
public space and architectural features. The districts are also intended
to encourage redevelopment of underutilized parcels and in fill development
of vacant parcels. The mixed-use districts specifically are intended
to:
(1)
Concentrate residential development, and commercial and office
employment efficiently in and around the downtown and other key nodes
of activity;
(2)
Encourage mixed-use and higher-density redevelopment, conversion
and reuse of aging and underutilized areas, and more efficiently use
land at key nodes in the Village;
(3)
Create compact and pedestrian-oriented environments that encourage
pedestrian access and pedestrian traffic;
(4)
Concentrate a variety of commercial services and public facilities
that serve the surrounding community;
(5)
Ensure that the appearance and function of development in mixed-use
areas is well-integrated with surrounding neighborhoods;
(6)
Ensure that development in mixed-use areas is of high quality
and provides pedestrian scale and interest through use of varied forms,
materials, details and colors, especially at the ground floor; and
(7)
Provide adequate light, air, privacy and open space for each
residential dwelling, and protect residents from the harmful effects
of excessive noise, glare and light pollution, traffic congestion
and other significant adverse environmental effects.
B.
Downtown Mixed Use Districts (DMU-1 and DMU-2).
[Amended 5-8-2014 by L.L.
No. 2-2014; 10-13-2016 by L.L. No. 3-2016]
(1)
Purpose. The purpose of the Downtown Mixed Use (DMU-1 and DMU-2) Districts is to provide for the most intensive concentration of retail sales and service, personal services, office and public and institutional uses in the heart of the Village. In addition, the district is intended to encourage the development of multifamily residential units above the ground floor. Redevelopment should preserve the existing historic character, scale and mix of uses in the downtown. Appropriate new development should add to the civic and economic vitality of the community. In order to encourage pedestrian-friendly environments, special standards are provided to address urban design, building design and parking considerations. Specifically, the DMU-1 District is designed to place more specific standards in the Village's downtown core retail areas as specified in the Village's Comprehensive Master Plan. Unless otherwise specified, all standards of the DMU-1 District apply to the DMU-2 District. Of the standards listed in § 360-2.4B, the following do not apply to the DMU-2: §§ 360-2.4B(2)(a), 360-2.4B(2)(b), and 360-2.4B(3).
[Amended 3-28-2019 by L.L. No. 1-2019]
(2)
District specific standards.
(a)
Ground floor uses in the DMU-1 District. In order to maintain
an active streetscape for pedestrians and pedestrian-oriented businesses
and activities in the downtown's core retail area, residential uses
are prohibited along the entire length of the ground floor of the
principal building adjacent to a public street in the DMU-1 District.
That nonresidential space shall be no less than 25 feet deep. A residential
use may be located on the ground floor only when it shares that floor
with another permitted use that occupies the portion of the floor
adjacent to the street.
(b)
Building height in the DMU-1 District. Through the issuance of a special permit, the Village Board of Trustees may allow the maximum building height in the DMU-1 District to be increased to four stories and no more than 48 feet. In order to achieve the special permit for building height, the applicant must provide the public benefit features specified in Subsection B3 herein, and pay a fee as specified within § 360-5.22.
(c)
Building entrances. Buildings shall have one or more pedestrian
entrances located on the front facade and facing the street. A building
located on a corner may have an angled entrance at the corner of the
two streets. The entrance setbacks should reflect adjacent buildings.
The pedestrian entrance(s) shall be operable during normal hours of
business operation.
(d)
New curb cuts restricted. To establish and maintain a continuous
streetscape the construction of new curb cuts shall require a special
permit. In no case shall a curb cut exceed 18 feet in width. Existing
curb cuts shall be vacated when redevelopment of a property makes
them unnecessary or inconsistent with the intended character of the
zoning district.
(e)
Security gates. Solid security gates are prohibited.
(f)
Sidewalks. Sidewalks conforming to Village specifications shall
be provided on the street frontage of the lot and/or within the right-of-way
of any street located adjacent to a lot. The sidewalk material shall
be continuous through the drive.
(3)
Development incentives in the DMU-1 District. To provide an incentive which will encourage the most appropriate use and development of sites in the DMU-1 District, the Village Board of Trustees may allow, following a public hearing following the procedures for zoning amendments, an increased building height within the limits as set forth in Subsection A hereof and subject to the provision of specific public benefit features and payment of a fee as specified within § 360-5.22. It may also choose not to allow any such change. Any height incentive granted in the DMU-1 District shall apply to new construction. Floor space within a fourth floor that is added to an existing building shall be considered new construction. Village Board action on such an application shall be taken only after review of the proposed plan by the Planning Board and the Architectural Review Board and recommendation by those Boards to the Trustees. Final site plan approval by the Planning Board shall not occur until after the height incentive determination by the Village Board. The incentive features, and the guidelines for Village Board action, are as described below:
(a)
The specific public benefit features for which incentive height
increases may be granted in the DMU-1 District are as follows:
[1]
The provision of affordable/workforce housing units in excess of the requirements of Chapter 120 [the affordable/workforce housing section of the Village ordinances].
[Amended 5-26-2011 by L.L. No. 7-2011]
[2]
The provision of housing units specifically designed for, and
limited in occupancy to, senior citizens, with priority for the Village's
residents.
[3]
The provision of street improvements and parking spaces for
short-term use beyond that which is required to serve the specific
development proposed and designed to mitigate the problems of traffic
and parking congestion in the downtown area.
[4]
The provision of special design amenities available for public
use and enjoyment which would enhance the function and/or appearance
of the downtown, including but not limited to pedestrian linkages,
plazas, fountains, artworks, seating and other passive recreation
areas, special landscape design features and other such similar improvements;
conversely, the removal of existing features which detract from the
function and/or appearance of said area, including but not limited
to overhead utility lines, unattractive structures and other such
features.
[5]
The provision of indoor or outdoor recreation amenities available
to the general public.
(b)
In determining the specific amount of height incentive increase
that may be granted in the DMU-1 District, if any, the Village Board,
in each case, shall take into consideration the following:
[1]
The number, extent and combination of incentive features to
be provided.
[2]
The need for such specific features in the Village at that time.
[3]
The degree of compatibility of such incentive features with
the neighborhood in which they are located, taking into consideration
the potential effects of noise, traffic, fumes, vibrations or other
such characteristics on surrounding streets and properties, the visual
impact of the resultant density increase and/or incentive feature
applied for and the impact of the proposed development upon access
to light, air and vistas known to be important to the community.
[4]
The consistency of such incentive features with the Village's
Comprehensive Master Plan and related studies and plans adopted by
the Village Board of Trustees.
[5]
The quality of design of the proposed development as determined by the Architectural Review Board in accordance with § 360-5.15C.
[6]
The amount of incentive density increase necessary to more than
offset the cost of providing the incentive feature(s), thereby creating
the incentive for providing such feature(s).
(c)
No incentive density increase will be granted for the construction
of any improvement which, in the Village Board's opinion, would otherwise
be required by this chapter or other applicable regulation.
(d)
To assist the Village Board in determining the appropriate amount
of height increase in the DMU-1 District, if any, to grant as an incentive
for the applicant's provision of the proposed public benefit feature(s),
the applicant shall submit an estimate of the cost of providing the
proposed feature(s) and the value of the height increase requested.
The Village Board may also engage its own independent experts to either
separately prepare such analyses or to review those prepared by the
applicant. The reasonable cost of such expert assistance shall be
reimbursed to the Village by the applicant.
(e)
In addition to the foregoing guidelines, the Village Board may
take into account other considerations bearing upon the purposes and
objectives of this subsection in determining the amount of any height
increase in the DMU-1 District.
C.
Residential Mixed Use District (RMU).
(1)
Purpose. The purpose of the Residential Mixed Use (RMU) District
is to maintain the existing character, scale and mix of uses surrounding
the downtown core, including single-family dwellings, and commercial
uses located in former single-family residential buildings, while
allowing for appropriate redevelopment. In addition, the RMU District
is intended to serve as a transition between more intensive commercial
areas and residential neighborhoods.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings,
parking, vehicular and pedestrian use areas, must be landscaped with
trees and/or plants, except where the retention of natural vegetation
and trees is possible. A landscaping plan must be submitted for site
development review.
(b)
Building entrances. Buildings shall have one or more pedestrian
entrances located on the front facade and facing the street. A building
located on a corner may have an angled entrance at the corner of the
two streets.
(c)
Security gates. Solid security gates are prohibited.
(d)
Sidewalks. Sidewalks conforming to Village specifications shall
be provided on the street frontage of the lot and/or within the right-of-way
of any street located adjacent to a lot. The sidewalk material shall
be continuous through the drive.
D.
Office Mixed Use District (OMU).
[Amended 10-13-2016 by L.L. No. 3-2016]
(1)
Purpose. The purpose of the OMU District is to provide opportunities
for a coexistence of office and residential uses in predominantly
residential settings along select roads in the Village, including
the conversion of single-family dwellings to office uses. Retail sales
and service uses, and their associated parking and traffic impacts,
are not appropriate in these areas.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings,
parking, vehicular and pedestrian use areas, must be landscaped with
trees and/or plants. A landscaping plan must be submitted for site
development review.
(b)
Building entrances. Buildings shall have one or more pedestrian
entrances located on the front facade and facing the street. A building
located on a corner may have an angled entrance at the corner of the
two streets.
(c)
Sidewalks. Sidewalks conforming to Village specifications shall
be provided on the street frontage of the lot and/or within the right-of-way
of any street located adjacent to a lot. The sidewalk material shall
be continuous through the drive.
A.
Corridor Commercial District (CC).
(1)
Purpose. The purpose of the CC District is to provide for a
wide range of commercial uses that benefit from large numbers of motorists,
that need larger parcels of land, and that involve heavy commercial
uses such as storage, warehousing, hotels and large-scale retail sales
uses.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes and plazas, must be landscaped with trees and/or plants. A landscaping plan must be submitted for site development review and a stormwater prevention plan, in accordance with § 360-4.12.
(b)
Buffer area. A buffer area shall be provided along the portion
of any property line of a lot located in the CC zoning district developed
with a nonresidential use that abuts a residential use. This buffer
area shall have a minimum depth of 15 feet in which the only permitted
improvements are landscaping and/or fencing, which shall be provided
to screen the nonresidential use from the property containing the
residential use.
(c)
Building entrances. Buildings shall have one or more pedestrian
entrances located on the front facade and facing the street. A building
located on a corner may have an angled entrance at the corner of the
two streets. The pedestrian entrance(s) shall be operable during normal
hours of business operation.
(d)
Sidewalks. Sidewalks conforming to Village specifications shall
be provided on the street frontage of the lot and/or within the right-of-way
of any street located adjacent to a lot in the CC zoning district.
The sidewalk material shall be continuous through the drive.
(e)
On-site circulation. Driveways, circulation aisles and parking
areas shall be designed to fully accommodate vehicles on the property
so that entering traffic does not back up onto any public street or
portion thereof.
B.
Waterfront Development District (WF).
[Amended 5-12-2016 by L.L. No. 1-2016]
(1)
Purpose. The purpose of the WF District is to provide for and
encourage uses along and near the Hudson River related to and appropriate
for a waterfront area. The zoning district is intended to encourage
a proper balance of uses in and near the waterfront by facilitating
water-dependent uses where public access will be provided, and to
preserve the aesthetics and ambiance of the area. In order to provide
a district in which commercial uses at the shoreline will be compatible
with other waterfront uses and objectives and encourage the overall
development of the Village, the specific intent of this section is
to:
(a)
Maximize the utilization of waterfront land by water-oriented
uses which require a waterfront location.
(b)
Regulate uses that may be enhanced by a location along or near
the shoreline but do not require a waterfront location.
(c)
Maximize physical public access from the land to and along the
Hudson River shoreline.
(d)
Protect water quality, fish and wildlife, scenic views and natural
vegetation and enhance aesthetic resources to the greatest feasible
extent.
(e)
Encourage the development of permitted uses to incorporate the development incentives and design guidelines set forth in § 360-2.5B(2)(c).
(2)
District specific standards.
(a)
Site development plan approval. All buildings and other uses of land within the WF District shall be subject to review by the Planning Board in accordance with the provisions of § 360-5.7, and subject to review by the Village Board if an application for development in the WF Zoning District seeks a Special Permit under § 360-2.5(B)(2)(c). In addition to the considerations set forth in § 360-5.7, the Planning Board shall consider the following factors for review:
[1]
The quality and extent of views from the adjacent public streets
through the property to the Hudson River.
[2]
The design and relationship of development to the waterfront
as viewed from the Hudson River.
[3]
The design and function of any easement or other access provided
to the water's edge, including new bulkheading.
[4]
The eligibility of proposed development to utilize any of the development incentives set forth in § 360-2.5B(2)(c).
[5]
The consistency of such incentive features with the Village's
Comprehensive Master Plan and related studies and plans adopted by
the Village Board of Trustees.
(b)
Special bulk requirements. The following requirements shall
apply to all development within the WF District:
[1]
Building height. No buildings or structures shall be erected to a height in excess of 35 feet, except as provided in § 360-2.5B(2)(c)[1]. In the WF zone, height shall be measured from the curb line of the street abutting the front yard and parallel to the Hudson River.
[2]
Building width. The total cumulative width of buildings, structures, fences or walls more than 30 inches in height shall not occupy more than 50% of the width of a parcel as measured along a line parallel to the adjacent street measured at the front yard. Of the remaining open area, one uninterrupted space shall be at least 30% of such parcel width, unless the parcel provides more than one view corridor as required in § 360-2.5B(2)(b)[4].
[3]
Riverfront setback. An average setback of 50 feet shall be provided
from any buildings or structures on a lot to the normal high-water
line of the Hudson River unless its design requires a location closer
to such water line, as determined by the Planning Board. No part of
any building or structure shall be closer than 15 feet to the normal
high-water line.
[4]
View corridor. In addition to any general requirements required by the View Protection Overlay District established in § 360-4.4B, the following specific requirements apply within the WF District:
[a]
A view corridor to the Hudson River shall be maintained
at the intersection where each street intersects Gedney Street or
Piermont Avenue and at the northerly end of Gedney Street.
[b]
Such view corridor shall have an unobstructed width
of at least 50 feet at the street line and 100 feet at a distance
300 feet from such street line, measured perpendicular to the center
line, extended, of such intersecting street. Such view corridor shall
be unobstructed as to height; however, buildings may be located in
this corridor if their highest elevation is below that of the mean
elevation of the adjacent street line.
[c]
No parking shall be allowed in the view corridor
unless it is screened from view, and any landscaping within the view
corridor shall be evergreen and maintained at a height no greater
than four feet from the mean level of the street line within the view
corridor. Landscaping, trees, trellises, and hedges may exceed four
feet with site plan approval.
(c)
Development incentives by special permit. In order to encourage development which promotes the purposes for which the WF District has been established and to achieve the design guidelines outlined in § 360-2.5B(2)(c)[6], the following exceptions to the bulk requirements set forth above and in the lot and bulk regulations for the WF District may be permitted by the Village Board by the issuance of a special permit approving the same. Any development incentives approved by the Village Board are applicable only to the site plan application for which they have been approved. Such site plan application and special permit application must be accompanied by an environmental assessment form (EAF) that evaluates the environmental impacts of the exceptions to the bulk regulations. Viewsheds shall be preserved per § 360-2.5(B)(2)(b)[4].
[1]
Building height may be increased to no more than 52 feet under
the conditions as follows:
[a]
Maximum height may be increased by five feet for
each five-percent reduction of maximum permitted average building
width, up to a maximum of 52 feet (e.g., if average building width
is 45%, maximum permitted height is 35 feet; if average building width
is 40%, maximum permitted height is 40 feet); and
[b]
For any front yard step back, at a height of 22
to 24 feet, the building must step back five feet and at a height
of 40-42 feet the building must step back an additional five feet.
Alternatively, the building may step back a total of 10 feet at a
height of 40 to 42 feet.
[c]
Notwithstanding the provisions of this subsection, in the case of a building exceeding 40 feet in height, the exceptions to height limitations set forth in § 360-4.2C(2), as amended, shall be limited to four feet except for a stairwell bulkhead.
[2]
Building width may be increased to a maximum of 60% of the width of a parcel if the parcel provides two view corridors, and a maximum of 70% of the width of a parcel if the parcel provides three or more view corridors as required in § 360-2.5B(2)(b)[4].
[3]
Floor Area Ratio (FAR) and density. FAR may be increased to
no more than 1.50 if the site development plan:
[a]
Provides special waterfront improvements open to the public specifically incorporating the Development Incentives set forth in § 360-2.5B(2)(c)[5]; and
[b]
Incorporates the design guidelines for the waterfront
as set forth in § 360-2.5B(2)(c)[6][a] through [c].
[c]
Notwithstanding the provisions of this subsection, residential density shall not exceed 35 residential units per acre. Additionally, any density bonus sought under Village Code § 360-4.14 shall be subject to the limit of 35 residential units per acre set forth in this subsection, and must meet at least three of the sustainability amenities set forth in § 360-4.14E.
[4]
Parking located underground.
[b]
All resident parking in excess of one space per unit shall be
unreserved and available for shared parking use.
[c]
In addition to the resident parking spaces required by § 360-2.5B(2)(c)[4][a],
a minimum of 10% additional public parking spaces shall be provided
on site or within 200 feet of the site.
[5]
Waterfront access. Waterfront access shall be provided per requirements in the WF design guidelines, including a pedestrian walkway, one water-dependent amenity (consisting of a kayak launch, pier, boat launch, or overlook), and a retail, restaurant, coffee shop or other food-and-beverage-related use located adjacent to the pedestrian walkway. Setback from the Hudson River shall comply with section § 360-2.5B(2)(b)[3] but shall specifically meet the following:
[a]
Minimum fifty-foot setback of any buildings from
the normal high-water line of the Hudson River.
[b]
Of the 50 foot setback, 30 feet must be open to
the public.
[c]
Of the 30 feet open to the public, a fifteen-foot
wide continuous walkway must be provided.
[d]
For the above public space, the area shall be dedicated
to the Village of Nyack and maintained by the Village as parkland
in perpetuity. Some variation in the location and precise width of
the walkway may be allowed at the discretion of the Village Board
if the flexibility enhances the operation of a water-dependent use,
such as a boat club, pier or boat launch.
[6]
Design guidelines. In determining whether to approve the development Incentives identified in § 360-2.5B(2)(c)[1] through [5], the Village Board of Trustees will consider the extent to which the following design guidelines are achieved.
[a]
Gedney Street.
[i]
Location.
[A]
Buildings should be set back a minimum of 12 feet
and a maximum of 15 feet from the property line.
[ii]
Landscape treatment.
[iii]
Building facades and massing.
[A]
Building facade materials should be comprised of
stone, stone veneer, brick, fiber cement board or panels, or wood.
Stucco, exterior insulation finishing systems (EIFS) are discouraged.
[B]
Facades along Gedney Street may have a maximum
of 50% glass below 35 feet and a maximum of 65% glass above 35 feet.
[C]
Visual impact of larger windows should be reduced
through the use of vertical subdivision of frames or other methods
to reduce the visual impact.
[D]
Reflective glass (excluding low-E glass, Solarban,
and similar lightly tinted glass types) is prohibited.
[E]
Parking structures facing a public street or other
publicly accessible area should be architecturally integrated into
the principal building using techniques such as an exterior clad in
brick, architectural metal panels, a window-like facade treatment,
or "liner" buildings, i.e., buildings located in front of the parking
garage that screen the garage from public view.
[b]
Main Street.
[i]
Location and orientation.
[ii]
Landscape treatment.
[A]
Main Street frontage should have a maximum of one
curb cut for garage access and refuse vehicles.
[B]
Curb cuts should be a maximum of 24 feet wide.
[C]
Landscaped area along Main Street should be designed
to orient and distribute pedestrians to either the Claremont Pier
or the new waterfront walkway and create a gateway to both of these
riverfront places.
[D]
The entrance to the pedestrian access to the riverfront
should be designed to clearly communicate the public nature of the
pedestrian path. The entrance may include a landscape feature such
as a gate, trellis, and/or a small seating area.
[E]
Access lanes for fire trucks and other public safety
vehicles may be incorporated into the pedestrian paths and are encouraged
to incorporate grass-crete/cellular grass paving system or similar
treatment to avoid the appearance of excessive pavement.
[iii]
Building facades and massing.
[A]
Buildings along Main Street should step back a
minimum of 10 feet over a height of 35 feet from the adjacent grade.
[B]
Materials should be comprised of stone, stone veneer,
brick, fiber cement boards or panels, or wood. Stucco, exterior insulation
finishing systems (EIFS) are discouraged.
[C]
Facades along Main Street may have a maximum of
50% glass below 35 feet and a maximum of 65% glass above 35 feet.
[D]
Visual impact of larger windows should be reduced
through the use of vertical subdivision of frames or other methods
to reduce the visual impact.
[E]
Reflective glass is prohibited. Parking structures
facing a public street or other publicly accessible area should be
architecturally integrated into the principal building using techniques
such as an exterior clad in brick, architectural metal panels, a window-like
facade treatment, or "liner" buildings, i.e., buildings located in
front of the parking garage that screen the garage from public view.
[c]
Waterfront.
[i]
Access.
[A]
Pedestrian access to the riverfront should be provided
a minimum of every 200 feet from the nearest adjacent east-west street,
and preferably align with streets east-west intersecting with Gedney.
[B]
A public waterfront area shall be provided of a
minimum of 30 feet wide along the entire length of the waterfront.
Within that public area, a pathway shall be provided of a minimum
of 15 feet or as dictated by the fire department to ensure access
for emergency vehicles.
[ii]
Soft shoreline treatment.
[A]
In providing resilience to sea level rise, storm
surge, and flooding, soft or vegetated shorelines and rip rap should
be used instead of vertical sheet pile bulkheads where possible.
[iii]
Landscape treatment.
[A]
Entrance to the pedestrian access to the riverfront
should be designed to clearly communicate the public nature of the
pedestrian path. The entrance may include a landscape feature such
as a gate, trellis, and/or a small seating area.
[B]
Access path should: incorporate a small seating/passive
recreation area a maximum of 75 feet from Gedney Street right of way;
use landscape elements such as planting, grading, garden walls, or
decorative fencing to establish an implied transition between the
public right-of-way and adjacent private dwelling units; incorporate
trees/planters for shade and pedestrian comfort, a minimum of every
30 feet.
[C]
Vertical transition to the riverfront should employ
steps incorporating landscaping, terraces, and garden walls.
[iv]
Building facades and massing.
[A]
Facades located more than 35 feet from Gedney Street
may have a maximum of 65% glass.
[B]
Visual impact of larger windows should be reduced
through the use of vertical subdivision of frames or other methods
to reduce the visual impact.
[C]
Reflective glass is prohibited.
[D]
Penthouses should be incorporated into the overall
massing concept of the building.
[E]
Buildings should be massed to create a distinctive
roof silhouette characteristic of downtown Nyack buildings
[F]
Parking structures facing a public street or other
publicly accessible area should be architecturally integrated into
the principal building using techniques such as an exterior clad in
brick, architectural metal panels, a window-like facade treatment,
or "liner" buildings, i.e., buildings located in front of the parking
garage that screen the garage from public view.
(d)
Determination of lot area. To determine the maximum number of
residential dwelling units that can be allowed on a parcel of land
within the WF District, and for all other uses, the lot area of the
site shall be determined by subtracting from the gross acreage of
the site the following:
[1]
Land below the normal high-water line of the Hudson River.
[2]
Land shown to be in the floodway or coastal high-hazard area
(A and B Zones) of the Federal Emergency Management Agency's Flood
Boundary and Floodway Map or Flood Insurance Rate Map.
[3]
Land located within an easement that precludes development.
(e)
Public access. Permanent public access must be provided from
the adjacent public street to and along the Hudson River if the property
is used for any of these uses: multifamily dwellings, art gallery,
arts/crafts studio, bar or tavern, bed-and-breakfast, inn, hotel or
motel, office-general, restaurant, retail sales and service, or public
utility structure. Such access, in the form of a permanent easement,
shall be at least 12 feet wide for at least 75% of its length and
shall extend along the normal high-water line of the Hudson River
for the width of the property and shall be part of a continuous connection
between the north and south boundaries of the property. Porous pavement
material, such as cobblestone, brick, etc., suitable for pedestrian
use, at least six feet wide, shall be provided for the entire length
of the easement; suitable landscaping shall also be provided. The
access easement shall provide for permanently unobstructed views or
vistas of the Hudson River along its entire length. Provision satisfactory
to the Village Board shall be made by the property owner for maintenance
of the public access.
(f)
Sidewalks. Sidewalks conforming to Village specifications shall
be provided on the street frontage of the lot and/or within the right-of-way
of any street located adjacent to a lot. The sidewalk material shall
be continuous through the drive.
C.
Manufacturing District (M).
(1)
Purpose. The purpose of the M District is to allow a range of
industrial uses and certain commercial uses with special permit in
an appropriate location close to the regional highway network.
(2)
District specific standards.
(a)
Landscaping. All areas of the site that are not used for buildings,
parking, vehicular and pedestrian use areas, must be landscaped with
trees and/or plants. A landscaping plan must be submitted for site
development review.
(b)
Buffer area. A buffer area shall be provided along the portion
of any property line of a lot located in the M District developed
with a nonresidential use that abuts a residential use. This buffer
area shall have a minimum depth of 15 feet in which the only permitted
improvements are landscaping and/or fencing, which shall be provided
to screen the nonresidential use from the property containing the
residential use.
(c)
Sidewalks. Sidewalks conforming to Village specifications shall
be provided on the street frontage of the lot and/or within the right-of-way
of any street located adjacent to a lot in the M zoning district.
D.
Hospital
District (H).
[Added 5-26-2011 by L.L. No. 5-2011]
(1)
The
purpose of the Hospital (H) District is to provide appropriate and
sufficient controls for the development of essential health-care buildings
and facilities, and related uses and accessory uses.
(2)
Approval of site plans. All site plans shall be subject to approval by the appropriate land use board pursuant to Article V hereunder.
(3)
District
specific standards. (Reserved)
