[Added 2-19-2013 by L.L. No. 3-2013; amended 8-9-2013 by L.L. No. 14-2013; 5-19-2014 by L.L. No. 8-2014; 7-21-2014 by L.L. No. 10-2014; 7-21-2014 by L.L. No.
11-2014; 6-4-2018 by L.L. No. 10-2018]
The purpose of this Article IVD is to preserve the traditional character of Main Street, particularly for buildings in the Historic District and Landmark Overlay (HDLO) Zone, while also increasing the vitality, attractiveness, and marketability of Main Street, as recommended in the City of Beacon Comprehensive Plan Update adopted on April 3, 2017. This article promotes a vibrant, economically successful, and environmentally sustainable Main Street with a pedestrian-oriented public realm and mixed uses.
The provisions of this article apply to the area shown as the
Central Main Street District (CMS) on the City of Beacon Zoning Map.[1] All new uses of land and structures and changed uses of land and structures shall comply with this article. Existing nonconforming uses may continue as provided in § 223-10, Nonconforming uses and structures, except as may be otherwise provided in this article. Any existing conforming building that is destroyed by fire or casualty to an extent of more than 50% may be rebuilt on the same footprint and with the same dimensions and may be extended at the same height along its frontage. Any existing building that does not satisfy the minimum building height requirements in the district may continue, but any future expansion must conform to this chapter. In case of any conflict between this article and other provisions of this zoning chapter, this article shall control. In order to encourage mixed uses, more than one permitted use shall be allowed on any lot or parcel, subject to all approval criteria contained herein.
[1]
Editor's Note: The Zoning Map is on file in the City offices.
A.
Uses by right. The uses listed below are permitted by right in the CMS District, in the manner and under the conditions specified below. Unless otherwise indicated in this § 223-41.18, all such uses require site development plan review and approval. Site development plan review shall not be required for a change of use in an existing building where the new use is allowed by right, the building will not be expanded, and the minimum number of off-street parking spaces required for the new use in § 223-41.18G(2) is not more than 25% greater than the requirement for the existing use in § 223-26F herein.
[Amended 6-15-2020 by L.L. No. 7-2020; 2-16-2021 by L.L. No. 02-2021]
(1)
Apartments, provided that for parcels fronting on Main Street
or East Main Street they shall only be located on upper stories or
at least 50 feet behind the facade in the rear portion of a ground
floor.
(2)
Multifamily dwellings, provided that for parcels fronting on
Main Street or East Main Street such uses are not permitted on the
ground floor in the first 50 feet from the facade.
(4)
Office of any kind, including professional, medical, business,
bank, or other financial institution.
(5)
Artist studio.
(6)
Art gallery or exhibit space.
(7)
Restaurant, coffee house, brew pub, bar or other establishment
that serves food with or without alcoholic beverages.
(8)
Retail or personal services.
(9)
School, public or not-for-profit educational institution, college
or university, trade or vocational school, job placement or training
program, continuing education program or instructional school such
as karate school, dance school or studio, language school or vehicular
driving school, but not an elementary or nursery school.
(10)
Indoor commercial recreation.
(11)
Park, plaza, green, preserve or community garden.
(12)
Artist live/work space subject to § 223-24.3, provided that they may only be located on upper stories or at least 50 feet behind the facade, in the rear portion of a ground floor, along Main Street or East Main Street, unless the space in the 50 feet behind the facade is used for the retail sale of the artist's wares.
(13)
Theater, museum, library, concert hall and other music venues,
and other similar kinds of cultural facilities.
(14)
(Reserved)
(15)
Government facilities, including buildings, structures and uses
owned or operated by the City of Beacon or any department or agency
thereof.
(16)
Spa, health club, gym, yoga and pilates studio, and similar
kinds of fitness centers.
(17)
Microbrewery or microdistillery which has a retail or tasting
room component of at least 200 square feet of floor area.
(18)
Workshop.
B.
Uses by special permit.
[Amended 6-15-2020 by L.L. No. 7-2020; 2-16-2021 by L.L. No. 02-2021]
(1)
The following uses are allowed by special permit from the City Council or Planning Board as indicated in § 223-17, upon a finding that the proposed use is consistent with the City of Beacon Comprehensive Plan Update, will enhance the architectural character of the street and will benefit the urban, pedestrian-friendly qualities of Main Street and East Main Street, and that the conditions and standards in § 223-18B(1)(a) through (f) have been met:
(a)
Food preparation business.
(b)
Off-street parking lot or parking structure as principal uses, in accordance with § 223-41.18G.
(2)
In considering the appropriateness of the proposed use, the City Council or Planning Board shall consider impacts on shadows, traffic, and parking and may impose traffic and parking mitigation measures. When making a decision on a special permit, the City Council or Planning Board shall follow the regulations in § 223-18 of this chapter.
C.
Accessory uses. The following are permitted accessory uses in the
CMS District:
(1)
Any accessory building or use customarily incident to a permitted
use, except outside storage.
(3)
Off-street parking area or parking structure, in accordance with § 223-41.18G.
[Amended 6-15-2020 by L.L. No. 7-2020]
(4)
Exterior lighting, in accordance with the provisions of §§ 223-41.18J(13) and 223-14B.
[Amended 6-15-2020 by L.L. No. 7-2020]
(6)
Roof garden or solar collector.
[Amended 6-15-2020 by L.L. No. 7-2020]
(7)
Greenhouse.
(8)
Short-term rentals in any dwelling unit, or room(s) therein, located in a one-family home, two-family home, accessory apartment, or multifamily dwelling, as provided in § 223-26.5.
[Added 6-15-2020 by L.L. No. 6-2020[1]]
[1]
Editor's Note: This local law provided the following: "This
local law shall take effect on October 1, 2020. Any short-term rental,
as defined herein, in existence prior to October 1, 2020 shall have
until November 15, 2020, to file an application to obtain a short-term
rental permit. Any short-term rental existing prior to October 1,
2020 that (a) does not meet the definition of short-term rental or
(b) is a short-term rental, as defined, and does not file an application
by November 15, 2020 shall be deemed to be in violation of this local
law and subject to enforcement."
E.
Dimensional regulations. All new construction or enlargement of existing structures in the CMS District shall be subject to the following minimum and maximum dimensional regulations. These may be modified as provided in Subsection J(15).
|
Figure 18-1: Central Main Street Zoning Requirements Illustrative
View
 |
(1)
Front setback: minimum zero, maximum 10 feet, except that a
larger maximum may be allowed if the area in front of a building has
no parking spaces and is landscaped and used in a manner that enhances
street life by such means as pocket parks or plazas, fountains, outdoor
dining, public art, and outdoor display of items for sale on the premises.
Such outdoor space shall be landscaped with plant materials as appropriate
to the use, in a configuration approved by the Planning Board.
(2)
Corner buildings: Corner buildings shall be treated as having
frontage on both streets and front yard setbacks shall apply to both,
as appropriate to the street.
(3)
Side setbacks: minimum of zero. The minimum side setback may
be increased by the Planning Board to allow light and air to continue
to penetrate an existing building that has side windows or to allow
future development of an abutting parcel to the permitted building
height.
(4)
Rear setbacks: minimum 20 feet for parcels 100 feet deep or
more and minimum 10 feet for parcels under 100 feet deep, except that
if the rear yard is voluntarily dedicated to the City of Beacon as
all or part of a public parking lot or parking structure, the minimum
setback shall be 10 feet with landscaping to screen adjacent uses.
[Amended 10-23-2023 by L.L. No. 5-2023]
(5)
Minimum frontage occupancy on Main Street or East Main Street:
100% for buildings with a shared side wall and 80% for detached buildings.
Frontage occupancy is the percentage of the lot width which must be
occupied by either a front building facade or structures that screen
parking, located within the area between the minimum and maximum front
setback. The purpose of this requirement is to maintain a sense of
enclosure of the street. This requirement may be reduced by the Planning
Board: a) to the extent necessary to allow light and air into an adjacent
building that has side windows; b) allow future development of an
abutting parcel to the permitted building height; or c) if the applicant
provides a suitably surfaced and lighted pedestrian passageway between
the street and parking areas, public open spaces, or other streets,
located behind the building.
|
Figure 18-2: Frontage Occupancy
 |
(6)
Building height: minimum two stories, maximum three stories
and 38 feet, as determined from the average street front level. One-story
accessory buildings to the rear of the principal building are permitted,
and one-story secondary attached sections set back at least 50 feet
from the principal building façade are permitted. Stories built
below the grade of the street shall not be counted toward building
height. The second story of a two-story building shall be built in
a manner that allows actual occupancy for one or more permitted uses
and does not create the mere appearance of a second story. Chimneys,
vent pipes, mechanical systems, elevator shafts, antennas, wireless
communications facilities, roof gardens, fences, greenhouses, solar
collectors, wind energy systems, and other rooftop accessory structures
may project up to 15 feet above the maximum permitted height. With
the exception of roof gardens and solar collectors, such projections
may occupy no more than 20% of the roof area and must be set back
at least 15 feet from the edge of the roof along any street frontage.
[Amended 10-23-2023 by L.L. No. 5-2023]
(7)
Except for parcels facing East Main Street, a special permit
may be granted by the Planning Board for a fourth story only if the
proposed fourth story contains a stepback of at least 15 feet behind
the facade along any street frontage. A fifteen-foot building stepback
above 38 feet shall also be required for any side of a four-story
building within 40 feet of a lot line abutting another zoning district.
Except for parcels facing East Main Street, a special permit may also
be granted for a four-story tower without a stepback at a corner facing
an intersection and occupying no more than 25 feet of the corner frontage
of the building. The City Council may waive or reduce the stepback
requirements set forth herein upon a finding by the City Council that
such a waiver is warranted due to the special conditions of a site
or the particular character or limited nature of the proposed development,
and such a waiver is consistent with the goals of promoting the public
health, safety and general welfare of the community.
[Amended 5-4-2020 by L.L. No. 3-2020]
(a)
For proposed buildings on CMS parcels in the Historic District
and Landmark Overlay Zone, abutting an HDLO parcel, or having a property
line frontage directly across a street from an HDLO parcel, any fourth-story
or corner tower shall require a special permit by the City Council.
The City Council may limit the length of any such fourth floor or
reduce a permitted building height to be no more than six feet higher
than an existing building on an adjoining HDLO parcel for a distance
of 30 feet along the frontage from the historic structure.
(b)
All such building height special permits in the CMS District shall require a finding that there are no substantial detrimental effects on shadows, parking, traffic, or specific views adopted as important by the City Council or in the Comprehensive Plan update, that the new building will be compatible with the historic character of adjacent buildings, and that the conditions and standards in § 223-18B(1)(a) through (f) have been met. The City Council or Planning Board shall have the right to require an applicant to provide alternative plans or renderings in sufficient detail as requested.
[Amended 10-23-2023 by L.L. No. 5-2023]
(c)
All such building height special permits shall also require a specific public benefit or benefits as determined by the City Council or Planning Board, such as additional below-market-rate housing above what would be otherwise mandated in Article IVB, commercially used floor or floors included above the ground level, additional parking spaces available for general public use, green building or renewable energy features beyond what is required by code, or the construction and/or maintenance of public plaza space or green space.
(8)
Building depth: Corner buildings shall not extend along a side
street more than 150 feet from the Main Street or East Main Street
frontage, unless the rear building height is reduced to two stories.
(9)
Lot area and lot width: There are no minimum lot area or lot
width requirements.
(10)
Lot depth: Minimum lot depth is 75 feet, except that on any
lot in which the area behind a building is voluntarily dedicated to
the City and accepted by the City Council for public parking, there
shall be no minimum depth requirement.
(11)
Floor area ratio: There is no maximum floor area ratio.
(12)
Landscaped area: A minimum of 10% of the lot shall be landscaped
with trees, shrubs, or grass in locations approved by the Planning
Board that enhance the streetscape, provide a landscaped rear yard
or courtyard, and are found to be consistent with the intent of the
CMS District. This requirement shall be reduced to 5% if the landscaped
area is accessible to the public. These requirements may be waived
for lots of 5,000 square feet or less.
(13)
Dimensional standards.
|
Figure 18-3: Dimensional Standards
 |
F.
Frontage types.
(2)
Storefront frontage type: a frontage type where the building
facade is placed at or close to the right-of-way line, with the entrance
at sidewalk grade. This building frontage type is conventional for
retail use. It is characterized by a high percentage of glazing on
the first floor, a prominent entrance, and often an awning. Recessed
doors are typically used to avoid doors opening into the sidewalk.
|
Figure 18-4: Illustrative View, Section View, and Plan
View of Storefront Frontage Type
 |
(3)
Forecourt frontage type. A forecourt is a semipublic exterior
space whose back and sides are surrounded by a building and whose
front opens to a thoroughfare, forming a court. The court is suitable
for gardens, gathering space, and outdoor dining.
|
Figure 18-5: Illustrative View, Section View, and Plan
View of Forecourt Frontage Type
 |
G.
Parking location and quantity.
(1)
All off-street parking shall be located behind, under the ground
floor, or to the side of a building. If on the side, the parking area
shall be located at least 40 feet from the Main Street or East Main
Street property line and be screened by a low brick or stone wall,
hedge, ornamental fence, and/or other landscaping that maintains the
continuity of the street wall in compliance with frontage occupancy
requirements, and that screens parked cars from view from the street.
A parking structure shall have a storefront "liner building" at least
40 feet deep and one story high between the parking structure and
the main street, but may have a zero-foot setback on the upper floors
of the parking structure (over the storefront) and along any street
that intersects the main street. Parking areas fronting on side streets
shall have a minimum setback of five feet in which ornamental and/or
buffer landscaping is planted.
[Amended 6-15-2020 by L.L. No. 7-2020]
(2)
The minimum quantity of required on-site parking spaces shall
be as follows:
(a)
Residential: one space per unit.
(b)
Office and nonretail commercial: two spaces per 1,000 square
feet of floor area.
(c)
Retail commercial and personal services: two spaces per 1,000
square feet of floor area.
(d)
Other uses: as determined to be appropriate by the Planning Board in the course of site plan review, or in the case of a new use where site plan review is not required under § 223-41.18A, as determined by the Building Inspector in consultation with the City Planner.
(3)
The requirements in Subsection G(2) above may be modified by the Planning Board, in its discretion, based upon information submitted by the applicant or otherwise made available in the public record, demonstrating one or more of the following:
[Amended 6-15-2020 by L.L. No. 7-2020; 11-16-2020 by L.L. No. 11-2020]
(a)
That the projected operational characteristics of the proposed
use require a different amount of parking.
(b)
That adequate shared parking, contractually obligated for the
duration of the proposed use, is available within 500 feet of the
site and within the CMS or T District.
[Amended 10-23-2023 by L.L. No. 5-2023]
(c)
That the applicant has provided sufficient bicycle parking to
reduce anticipated vehicular travel demand.
(d)
That there is sufficient public parking available within 800
feet of the site and within the CMS or T District to meet foreseeable
parking needs of the proposed use and surrounding uses for the duration
of the proposed use.
[Amended 10-23-2023 by L.L. No. 5-2023]
(e)
That the applicant will voluntarily dedicate land for public
parking on-site or will acquire land by purchase or long-term lease
(for the duration of the proposed use) within 800 feet of the site
and within the CMS or T District and voluntarily dedicate such land
to the City for public parking.
[Amended 10-23-2023 by L.L. No. 5-2023]
(f)
That a professional parking study of the proposed use and the
surrounding area demonstrates that a different amount of parking would
be appropriate for the use in its particular location and/or that
existing and/or proposed off-site parking is sufficient.
(4)
For lots of 8,000 square feet or less, where the provision of
on-site parking is infeasible, the Planning Board may waive all parking
requirements, provided that the total floor area of the building is
no greater than 5,000 square feet.
H.
Streetscape improvements.
(1)
Within the building transition zone, the Planning Board may
require the lot owner to provide planters, trees, shrubs, or other
landscaping to enhance the appearance of the streetscape. Ornamental
fencing four feet or less in height may be provided to separate privately
owned space from public space. Chain link, vinyl, and solid fencing
shall be prohibited. For commercial uses, display areas, and outdoor
dining and seating areas may be provided.
(2)
A pedestrian clearway, at least eight feet wide, with unobstructed
space for pedestrian activity shall be provided along the sidewalk,
unless site conditions require a narrower clearway. Within the street
transition zone, if space permits, lot owners may place benches, tables,
and outdoor seating areas with the approval of the Department of Public
Works. The Planning Board shall require the planting of street trees
on average 30 feet to 40 feet apart as a condition of site plan approval,
whenever street and sidewalk conditions permit.
(3)
The Planning Board may require the placement of bicycle racks
of an approved design within the street transition and building transition
zones. The Planning Board may require any building containing 5,000
square feet or more of floor area to provide one bicycle rack or equivalent
indoor bicycle parking space for every 2,000 square feet of floor
area.
(4)
The Planning Board may require that an applicant constructing
a building greater than 10,000 square feet in floor area pay for the
provision of related street improvements to improve pedestrian and/or
bicycle safety.
|
Figure 18-6: Parts of the Streetscape
 |
I.
Site plan and special permit amendments. For any proposed change
to an approved site plan, the applicant shall meet with the Building
Inspector who shall make a determination as to whether or not the
proposed change is significant. If the Building Inspector determines
that the change is significant (e.g., a change in dimensions of more
than 10% shall be presumed to be significant), the application shall
be referred to the Planning Board for an amendment to the site plan
or special permit, as appropriate. If the Building Inspector determines
that the change is not significant and otherwise complies with applicable
requirements, the Building Inspector is authorized to issue a building
permit without further review.
J.
Design standards.
(1)
Because of the design standards in this section, the architectural review provisions of Chapter 86 shall not apply within the CMS District. In addition to the preceding sections of this article, all new buildings or substantial alterations of existing buildings shall comply with the following design requirements. These design standards are intended to promote the following purposes:
(a)
Preserve and enhance the unique character and general public
welfare of the City of Beacon;
(b)
Promote pedestrian access and activity, as well as a general
sense of area security;
(c)
Restore and maintain the role of streets as civic and social
spaces, framed by active uses;
(d)
Encourage economic development and a convenient mix of uses
and services; and
(e)
Support a sense of design context that appropriately relates
historic buildings, general facade and window patterns, and traditional
streetscapes in the area to new redevelopment efforts, while still
allowing architectural flexibility.
(2)
Key terms: Standards using the verb "shall" are required; "should"
is used when the standard is to be applied unless the Planning Board
finds a strong justification for an alternative solution in an unusual
and specific circumstance; and "may" means that the "standard" is
an optional guideline that is encouraged but not required.
(3)
Proposed new buildings should be compatible with nearby historic-quality
buildings along Main Street. References to the existing context should
include scale, type and texture of materials, roof and cornice forms,
spacing and proportion of windows and doors, signs, and street-front
fixtures. Building exteriors in or directly adjoining the Historic
District and Landmark Overlay sections of the CMS District shall reinforce
historic patterns and neighboring buildings with an emphasis on continuity
and compatibility, not contrast, but new construction may still be
distinguishable in architectural details, most evident in window construction
and interiors.
(4)
Buildings should have a top-floor cornice feature and first-floor
architectural articulation, such as a storefront with a secondary
cornice or an architecturally emphasized entrance doorway, to accent
the central body of the building.
(5)
Architectural features and windows shall be continued on all
sides of the building that are clearly visible from a street or public
parking area, avoiding any blank walls, except in cases of existing
walls or potential common property walls. Larger buildings shall incorporate
significant breaks in the facades and rooflines at intervals of no
more than 35 feet.
(6)
Building elements that provide additional architectural interest,
such as bay windows, and cornices, but not including balconies or
porches, may encroach up to two feet above the sidewalk, if the bottom
of the encroaching building elements is at least 12 feet above grade.
[Amended 12-9-2019 by L.L. No. 12-2019]
(7)
Metal, glass or canvas-type awnings and canopies or projecting
signs are encouraged and may encroach up to six feet over the sidewalk
above seven feet. Vinyl awnings are discouraged unless the applicant
can demonstrate to the Planning Board's satisfaction that the finish
and design of such awning are of high quality, aesthetically pleasing
and meet the intended standards of the district.
(8)
Buildings shall have a front entrance door facing the primary
street and connected to the sidewalk. Front entrance doors for commercial
buildings and retail storefronts shall be active and provide main
access during business hours.
(9)
Primary individual window proportions shall be greater in height
than in width, but the Planning Board may allow exceptions for storefront,
transom, and specialty windows. Mirrored, reflective, or tinted glass,
all-glass walls, and exterior roll-down security gates shall not be
permitted. Any shutters shall match the size of the window opening
and appear functional.
(10)
Commercial buildings shall have at least 70% glass on the first-floor
facades, located between two feet and 10 feet above the sidewalk.
Main Street or East Main Street buildings should have at least 30%
glass on the upper-floor facades.
(11)
Finish building materials should be wood, brick, traditional
cement-based stucco, stone, smooth cast stone, smooth-finished fiber-cement
siding, or other materials deemed acceptable by the approving body.
Vinyl, aluminum or sheet metal siding or sheet trim, exposed concrete
blocks or concrete walls, plywood or other similar prefabricated panels,
unpainted or unstained lumber, synthetic rough-cut stone, synthetic
brick, synthetic stucco, exterior insulation and finishing system
(EIFS), direct-applied finish system (DAFS), and chain link, barbed
wire, plastic, or vinyl fencing shall not be permitted.
(12)
Materials and colors should complement historic buildings on
the block. Fluorescent, neon, metallic, or other intentionally garish
colors, as well as stripes, dots, or other incompatible patterns,
shall be prohibited.
(13)
Lighting fixtures shall be a maximum of 15 feet in height, except pole lights in rear parking lots shall be a maximum of 20 feet high. All exterior lighting shall comply with the standards in § 223-14B.
[Amended 6-15-2020 by L.L. No. 7-2020]
(14)
Mechanical equipment and refuse containers shall be concealed
from public view by approved architectural or landscaping elements
and shall be located to the rear of the site. Window or projecting
air conditioners shall not be permitted on the front facade of new
buildings or additions.
(15)
The Planning Board may waive setback requirements for designated historic landmarks as defined in Chapter 134 of the City Code, landmark civic buildings, including government buildings, schools, libraries, or places of worship, and for pedestrian-oriented places, such as public greens or plazas and outdoor eating areas.
[Amended 11-16-2020 by L.L. No. 11-2020]
(16)
The following Figure 18-7 provides annotated photographs to
illustrate design standards in this section:
[Amended 6-15-2020 by L.L. No. 7-2020; 10-23-2023 by L.L. No. 5-2023]
  |
 Figure 18-7: Design Illustrations
|
K.
Main Street infill strategies illustrative sketch plan. This sketch
plan provides one possible set of design solutions for infill development
with parking to the rear, which was included in the 2017 Comprehensive
Plan Update as an illustration of planning principles for the Central
Main Street District. The Plan also recommended the provision of periodic
pocket parks or plazas and transit shuttle stops to be coordinated
with new development projects and civic uses (see pages 61-67).[2]
|
Figure 18-8: Central Main Street Infill Strategies and
Illustrative Sketch Plan
 |
[2]
Editor's Note: The 2017 Comprehensive Plan Update is on file
in the City offices.
