1. What is a character-based zoning code?
A. Character-based coding represents a change in the way that the built environment is regulated. This shift is necessary because the conventional, use-based approach to zoning has been shown to be ineffective for regulating diverse, urban, mixed-use environments. Port Chester is using character-based regulation to help achieve the overarching goal of the Village of Port Chester Comprehensive Plan to create a vibrant Village that is welcoming to all.
B. Character-based codes foster predictable built results and a high-quality public realm. Unlike conventional land regulation, character-based codes use the intended form and character of a place as the organizing principle, or framework, of the code, rather than focusing predominantly on use.
C. Character-based ordinances regulate a series of important elements to create a high-quality place. Those elements include:
(1) At the building and lot scale, standards covering:
(a) Lots.
(b) Building placement and number.
(c) Building facades.
(d) Fences and walls.
(e) Private frontage.
(f) Building form.
(g) Building type.
(h) Use.
(i) Encroachments.
(j) Screens, streetscreens and buffers.
(k) Vehicular parking.
(l) Bicycle parking.
(m) Loading space.
(n) Trash receptacles.
(o) Private lot landscape.
(p) Private lighting.
(q) Signs.
(2) For Development parcels, standards covering:
(a) Thoroughfares.
(b) Public frontage.
(c) Bicycle accommodations.
(d) Public lighting.
(e) Public planting.
(f) Blocks.
(g) Civic space.
D. It is also important to note that while character-based regulation emphasizes an intended physical form and character of a place, it also regulates use. Character-based codes often allow a range of uses that are carefully chosen to maximize compatibility between uses and the intended physical form of the area.
2. Character districts: the framework for the Port Chester Zoning Code.
A. The Port Chester Zoning Code uses character districts that range from primarily single-family residential areas to areas that are more urban. The designation of each district is determined first by the character and form, intensity of development, and type of place, and then by the mix of uses within the area.
B. These character districts are used to reinforce existing walkable mixed-use environments or to create new ones.
3. Creating a solid foundation for the Code.
A. The Village adopted its Comprehensive Plan in 2012. Among the goals established by the Plan are the following:
(1) Maintain and enhance residential neighborhoods;
(2) Revitalize commercial areas and waterfront;
(3) Strengthen industrial areas;
(4) Improve transportation and infrastructure facilities; and
(5) Improve opportunities for new development.
B. The Plan established several planning intensity areas, including:
(1) Neighborhood Protection and Enhancement Zones;
(2) Limited-Intensity Planning Zones; and
(3) Higher-Intensity Planning Zones.
C. The Higher-Intensity Planning Zones include the Abendroth Avenue/South Main Street Area, the Downtown Train Station Area, and the Central Waterfront.
D. The Limited-Intensity Planning Zones include the Kohl's Shopping Center, the former United Hospital site, the Purdy Avenue area, and the Fox Island area.
E. The Neighborhood Protection and Enhancement Zones include all parts of the Village not included in one of the Intensity Planning Zones, and include the single-family residential neighborhoods of the Village.
F. The Plan makes recommendations for the modification of existing and creation of new zoning districts to address the changing built environment and needs of the community.
G. Recognizing that use-based development regulations could not adequately address goals of the Comprehensive Plan or ensure that its vision could be accomplished, the Village initiated a Village Zoning Code Revision Project to revise the Village's Zoning Ordinance to focus not only on use, bulk, and intensity of development, but also character, form, and design.
4. Plan the Port: Village Zoning Code revision project.
A. Plan the Port included an analysis of the character of the Village and its development patterns. Input was received from Village staff, residents, elected officials, property owners, neighborhood representatives, local professionals, developers, organizations and other interested parties. A planning and coding charette and workshops were conducted, during which the community was engaged, ideas and goals were discussed and implementation strategies were developed. These discussions included alternatives for street design and connectivity and planning strategies for the Village's centers, corridors, and neighborhoods.
B. The Village's existing zoning regulations were analyzed and recommendations were made regarding which parts should remain and be modified, which parts should be removed, and where improvement could be made by inserting new provisions.
C. Inspirational illustrative plans were developed for specific parts of the Village's Planning Intensity Areas: the Downtown Waterfront, the Lower Waterfront, Boston Post Road, the Train Station, King Street, Fox Island, and Gateway Park. Those Plans and initial coding ideas were presented to the public for feedback.
D. Drafts of the revised Zoning Code were made available to the public. In addition, a New York State Environmental Quality Review Act (SEQRA) Generic Environmental Impact Statement (GEIS) was prepared, analyzing the potential impacts of the revised Zoning Code and proposed mitigation.
5. The Port Chester Character Districts.
A. As part of the creation of the Village Zoning Code, the team built upon the work of the Village in defining and refining the Village Character Districts. The various elements of urban form were documented for the various areas of the Village to extract the Port Chester-specific DNA for each area.
B. The revised Zoning Code contains nine Character Districts, two Special Districts, and a Civic District, as follows:
(1) Character Districts.
(a) CD-3: Neighborhood Character District. This district is for new and redeveloped primarily low-density single-family detached residential development. It has medium to deep front setbacks and medium to wide side setbacks. Its thoroughfares have curbs and may include sidewalks and/or street trees, and form medium to large blocks.
(b) CD-3.R20: R20 One-Family Residence Character District. This district is assigned to existing predominantly detached single-family residential areas having minimum lot sizes of 20,000 square feet.
(c) CD-3.R7:R7 One-Family Residence Character District. This district is assigned to existing predominantly detached single-family residential areas having minimum lot sizes of 7,000 square feet.
(d) CD-3.R5: R5 One-Family Residence Character District. This district is assigned to existing predominantly detached single-family residential areas having minimum lot sizes of 5,000 square feet.
(e) CD-4: General Urban Character District. The General Urban Character District is a medium-density district having a mix of building types and primarily residential, retail/personal service/artisan, office, lodging and civic uses. It has medium, narrow or no front setbacks and narrow to medium side setbacks; it has variable private landscaping; and it has thoroughfares with curbs, sidewalks and trees that define medium-sized blocks.
(f) CD-5: Urban Center Character District. The Urban Center Character District is a higher-density mixed-use district. It has a tight network of thoroughfares with wide sidewalks, streetlights and regular tree spacing, defining medium-sized blocks. Buildings are set close to the sidewalk.
(g) CD-5W: Urban Center-Waterfront Character District. The CD-5W Character District is a higher-density mixed-use district near the waterfront, which includes water-dependent uses. It has a tight network of streets with wide sidewalks, streetlights and regular tree spacing, defining medium-sized blocks. Buildings are set close to the sidewalk.
(h) CD-6: Urban Core Character District. This district has higher density and heights, with a wide variety of uses, located near and with connections and access to public transit. This district may be adjacent to Civic Districts with significant civic spaces and important civic buildings. Its blocks are defined by thoroughfares with curbs, street trees, and wide sidewalks, with narrow or no front setback and no side setbacks.
(i) CD-6T: Urban Core TOD Character District. This district has the highest density and heights, with a wide variety of uses, located near and with connections and access to the Port Chester train station. Its blocks are defined by thoroughfares with curbs, street trees, and wide sidewalks, with narrow or no front setback and no side setbacks.
(2) Special Districts.
(a) SD-PRD: Planned Residential Special District. The PRD Special District is assigned to most of the existing PRD zones.
(b) SD-PMU: Planned Mixed-Use Special District. This Special District is designated for the former United Hospital site and an adjacent parcel.
(3) Civic Districts.
(a) CV: Civic District. The Civic District is assigned to areas having a civic purpose, including certain governmental and nonprofit uses. The development regulations for each of the districts have been carefully considered in relation to their context.
6. Organization of the Village Zoning Code.
The following provides a brief overview of the organization of the Village Zoning Code.
District Boundaries.
(1) Establishment of Boundaries. The boundaries of each of the Districts identified in
§ 345-307: Establishment of districts are hereby established as shown on the duly adopted Zoning Map.
(2) Intent. The District boundary lines, unless shown otherwise, are intended generally to follow Thoroughfare center lines, railroad right-of-way boundary lines or their center lines, other similar right-of-way lines, or Lot Lines, boundaries of subdivisions, or Village boundary lines, all as shown on the Zoning Map. Where a District boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines.
(3) Discrepancy in Map and Physical Boundaries. Where the Thoroughfare layout actually on the ground varies from the Thoroughfare layout shown on the Zoning Map, the designation shown on the mapped Thoroughfare shall be applied in such a way as to carry out the Planning and Economic Development Zoning Administrator's determination as to the purpose and intent of the Zoning Map for the particular area in question.
(4) Determination of Boundary Location. When the location of a District boundary line cannot be otherwise determined, the determination thereof shall be made by the Planning and Economic Development Zoning Administrator by scaling the distance on the Zoning Map from a line of known location to such District boundary line.
(5) Appeal to Zoning Board of Appeals. In the case of uncertainty as to the true location of a District boundary line in a particular instance, an appeal of the Planning and Economic Development Zoning Administrator's determination may be taken to the Zoning Board of Appeals, as provided in Article 8 (Administration, Procedure and Enforcement).
(6) Boundary dividing lot. When a District boundary line divides a Lot in a single ownership at the Effective Date of this chapter, any amendment thereto, or any amendment of the Zoning Map, the Zoning Board of Appeals may permit extension into one District of a lawful conforming use existing in the other District, as hereinafter provided in Article 8 (Administration, Procedure and Enforcement).
(7) Underwater Lands. All lands within the Village that are underwater shall be considered to be zoned in accordance with the District applied to the upland Adjacent to them as if any District boundary line shown on the Zoning Map as intersecting the water's edge was projected across such water body to the intersection of the Village boundary line or other District boundaries.
(8) Lot or Parcel in More Than One Jurisdiction. If any Lot or parcel of land is situated partially within the Village and partially within one or more other jurisdictions, the portion of such Lot or parcel land situated within the Village must comply with the Village standards and requirements for the applicable Village District.
Special Districts.
Effect of Special District Designation. If a Special District is designated for an area on the Zoning Map or any amendment thereof, such area is subject to certain Special District Development, parcel, Lot and Building standards, as applicable, as described in
§ 345-405: Building and lot standards..
Limitation on Future CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU and SD-PRD Zoning. Notwithstanding anything to the contrary contained or implied in this chapter, zoning of land to District CD-3. R20, CD-3.R7, CD-3.R5, SD-PMU, or SD-PRD shall be available only to the parcels designated as such, respectively, upon the Effective Date, and no District designation of District CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU, or SD-PRD shall be available for any future rezoning of any property within the Village.
