ARTICLE VII Schedule III: Review Districts
§ 196-19. CBD District; CBD(H) Subdistrict; CBD(H)(CS) Subdistrict.

[Amended 5-19-82 by Ord. No. C212; 6-21-89 by Ord. No. P-58]

A. Purpose.

(1) The purpose of this district is to encourage the location of regional and citywide services and commercial activities; to facilitate the development of buildings for permanent and transient residents appropriate to the proximity of the city's transportation terminal; and to support the objectives of the city's historic district.

(2) The purpose of the Historic Subdistrict is to preserve and enhance the best elements of this subdistrict's traditional character by architectural and other controls; to protect against destruction of or undesirable encroachment upon the area; and to ensure that new structures and uses within the district will be in keeping with the character to be preserved and enhanced. The Historic Subdistrict appears on the Zoning Map superimposed on the CBD Central Business District, and its requirements as set forth below and in § 196-30 supplement those of the district on which it is superimposed.

(3) The purpose of the Court Street Subdistrict is to preserve the architecture and scale of accessory structures fronting on Court Street, to encourage residential use, to control height and density in relation to limited utility service and fire fighting accessibility, to limit automobile through traffic, to encourage pedestrian use and to otherwise reinforce the scale and character of this subdistrict.

B. Principal permitted uses shall be as follows:

(1) Commercial recreation.

(2) Instructional use.

(3) Office buildings.

(4) Offices, including studios and clinics.

(5) Hotels and motels.

(6) Public buildings and uses, including governmental buildings, administrative offices, parks and plazas.



(7) Residential buildings.

(8) Restaurants and bars.

(9) Retail business or service.

C. Accessory uses.

(1) Signs. See § 196-31.

(2) Accessory garages.

(3) Home occupations.

(4) Other uses customarily incident to principal permitted uses and on the same lot.

(5) Wireless telecommunications antennas subject to Sections 196-26 and 196-35. [Added 5-7-2003 by Ord. No. DR-91]

D. Conditional uses shall be as follows:

(1) CBD District and CBD(H) Subdistrict:

(a) Public parking garages and lots.

**Webmasters Note: The previous sections, 196-18.B(2) through 196-19.D(1)(a), have been amended as per Supplement No. 49.

(b) Outdoor uses on public or private property as follows:

[1] Restaurants.

[2] Arts and crafts exhibits.

[3] Weekly markets.

(c) Planned unit residential development.

(d) Sidewalk cafes.

(e) Accessory use customarily incidental to a principal permitted use, but not located on the same parcel or, if contiguous, within the same zoning district.

(2) CBD(H)(CS) Subdistrict

(a) Accessory apartments.

(b) Home occupations.

(c) Signs.

E. Area, yard and building requirements for principal and accessory buildings shall be as follows:

(1) Lot area, minimum:

(a) CBD District. five thousand (5,000) square feet.

(b) CBD(H) District: two thousand (2,000) square feet.

(c) CBD(H)(CS) Subdistrict: two thousand (2,000) square feet

(2) Lot width, minimum:

(a) CBD District: fifty (50) feet.

(b) CBD(H) District. twenty (20) feet.

(c) CBD(H)(CS) Subdistrict: twenty (20) feet.

(3) Lot depth, minimum:

(a) CBD District: one hundred (100) feet.

(b) CBD(H) District. one hundred (100) feet.

(c) CBD(H)(CS) Subdistrict: one hundred (100) feet.

(4) Lot coverage, maximum:

(a) For principal buildings:

[1] CBD District

[a] Commercial: eighty percent (80%).

[b] Residential or the residential portion of mixed use: sixty percent (60%). Residential Doors in mixed use buildings must be no closer to the rear lot line than thirty (30) feet

[2] CBD(H) District. sixty percent (60%).

(b) For accessory buildings:



[1] CBD District: not applicable.

[2] CBD(H) District- ten percent (10%).

[3] CBD(H)(CS) Subdistrict twenty percent (20%).

(5) (Reserved)

(6) Building height, maximum:

(a) CBD District- sixteen (16) stories or one hundred sixty (160) feet

(b) CBD(H) Subdistrict prevailing, but not to exceed five (5) stories.

(c) CBD(H)(CS) Subdistrict

[1] Principal buildings: as in CBD(H) Subdistrict

[2] Accessory apartments: twenty (20) feet above accessory garage for a total of thirty (30) feet.

(7) Yard dimensions, minimum:

(a) Front

[1] CBD District. ten (10) feet

[2] CBD(H) Subdistrict: prevailing, where applicable; otherwise a maximum of five (5) feet

[3] CBD(H)(CS) Subdistrict: as in CBD(H).

(b) Side:

[1] CBD District: zero (0) or ten (10) feet.

[2] CBD(H) Subdistrict: zero (0) or ten (10) feet.

[3]CBD(H)(CS) Subdistrict: as in CBD(H).

(c) Rear:

[1] CBD District: thirty (30) feet.

[2] CBD(H) Subdistrict: thirty (30) feet or thirty percent (30%) of lot depth, whichever is less, but in no event shall a rear building wall be more than seventy (70) feet from the front lot line.



[3] CBD(H)(CS) Subdistrict: twenty (20) feet or twenty percent (20%) of lot depth.

(8) [Added 4-21-1999 by Ord. No. R-378] Density: residential density of development of a site will be determined by site area per dwelling unit and maximum number of dwelling units adjusted where necessary for other on-site principal uses as calculated below:

(a) Site area per dwelling unit (SA/DU), minimum: five hundred (500) square feet per dwelling unit.

(b) Dwelling units, maximum: site area divided by five hundred (500).

(c) Where principal uses other than residential are proposed for the subject building (such as retail or office), the percentage of total permitted floor area occupied by the nonresidential use shall be applied against the maximum number of dwelling units and the residential units shall be reduced thereby. Any fraction shall be equivalent to a whole dwelling unit.

(d) Where an accessory apartment is added to an existing accessory garage on Court Street, the total number of units on site may exceed the permitted maximum by one unit so long as the proposed accessory apartment meets the other bulk requirements of the district.

F. Off-street parking and loading shall be as follows:

(a) CBD District: one (1) parking space per one thousand (1,000) square feet of gross floor area per principal permitted nonresidential use; for all other uses see Article XI.

(b) CBD(H) Subdistrict: One (1) off-street parking space per dwelling unit, except as modified by Article XI; for all other uses see Article XI.

(c) CBD(H)(CS) Subdistrict: as in CBD(H) Subdistrict.

§ 196-20. W Waterfront District.

[Amended 6-21-1989 by Ord. No. P-58; 11-17-1989 by Ord. No. P-87; 3-151995 by Ord. No. R-116]

A. Purpose. The purpose of this district is to promote comprehensive development which includes a mix of commercial office, retail and residential uses at varying densities; with visual and physical access to the Hudson River waterfront and linking other commercial and residential areas of the city to the waterfront.

B. The Waterfront District shall include the W(RDV), W(H) and W(N) Subdistricts. Development in the W(RDV) Subdistrict is subject to the special use, bulk and parking regulations of the South Waterfront Redevelopment Plan adopted November 17, 1989, as amended; the W(H) Historic Subdistrict is subject to review procedures of the Historic Commission; and development in the W(N) Waterfront North Subdistrict is subject to height limitations as specified herein. [Amended 5-7-2003 by Ord. No. DR-91; 4-21-2004 by Ord. No. DR-139]

**Webmasters Note: The previous sections, 196-19.E(7)(b) through 196-20.B, have been amended as per Supplement No. 51.

C. Principal permitted uses shall be as follows for W(H) and W(N) Subdistricts:

(1) Educational uses.

(2) Public recreational uses.

(3) Marina facilities, fishing piers and water-oriented light commercial, recreational or passenger uses.

(4) Interim land uses pending the completion of a development, limited to temporary uses, such as parking facilities, concessions, commercial passenger excursion operations and special events.

(5) Accessory uses customarily incidental to a principal use.

(6) Accessory uses customarily incidental to a principal use and wireless telecommunications antennas subject to Sections 196-26 and 196-35. [Added 5-72003 by Ord. No. DR-91]

D. Conditional uses.

(1) Conditional uses shall be as follows for the W(N) Subdistrict only:

(a) Maritime industrial uses, including marine shipping terminals and repair facilities. See § 196-38T.

(2) Conditional uses for the W(H) and W(N) Subdistricts shall be as follows:

(a) Transportation terminal facilities. See § 19638).

E. Area, yard and building requirements. For all permitted uses in the W(H) and W(N) Subdistricts and for all conditional uses, the area, yard and building requirements shall be as follows:

(1) Minimum lot area: forty thousand (40,000) square feet.

(2) Minimum lot width: four hundred (400) feet.

(3) Minimum lot depth: four hundred (400) feet.

(4) Maximum lot coverage:

(a) For principal buildings: thirty percent (30%).

(b) For accessory buildings: ten percent (10%).

(5) Building height, maximum: two (2) stories, but not more than thirty-five (35) feet.

F. Off-street parking and loading shall be as follows: See generally Article XI.