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Form-based code

Codes and Zoning


Building Codes and Zoning ordinances are the framework that regulates where and what type of development can occur. Codes guide everything from permissible land uses to building densities, locations, and setbacks to street widths and parking requirements. When done well, codes make it easier for a community to implement its vision. When vaguely worded or poorly enforced, Codes and Zoning can be exploited by companies who see an opportunity for profit, sometimes at the expense of the municipality. 

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Codes and Zoning are sometimes complicated and difficult to navigate. The EPA website has a broad overview of what these ordinances are supposed to do. 

Character-Based Design in Port Chester

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It should be noted that the concept of "character-based" design is commendable. But the current Zoning ignores the existing context and character of Main Street, and instead focuses on use only. Quoting from the adopted Zoning: "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. Character-based ordinances regulate a series of important elements to create a high-quality place.

 

Those elements include at the Building & Lot scale, standards covering:

 

  • Lots

  • Building Placement & Number

  • Building Facades

  • Fences & Walls

  • Private Frontage

  • Building Form

  • Building Type

  • Use

  • Encroachments

  • Screens, Streetscreens & Buffers

  • Vehicular Parking

  • Bicycle Parking

  • Loading Space

  • Trash Receptacles

Learn More
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See page 17 in the Port Chester Zoning code

Port Chester's Main Street Zoning Logic
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The new FBC divides the Village into specific Zones based on building density and use. The overall plan was adopted in 2012 based on a developer's "Plan the Port" design concept that many village residents were not aware of. Three specific areas were designated at that time:

 

Higher Intensity: Abendroth Avenue/South Main St., Downtown Train Station area, Central waterfront.

 

Limited Intensity: Kohl's Shopping Center, United Hospital site, Purdy Avenue, Fox Island areas.

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Neighborhood Protection Zone: Most of the single-family areas of the village.

 

As adopted, the actual Zoning Ordinance created the following Zones that directly impact Main Street:

  • C2: Main Street Businesses

  • C3: Office and Commercial

  • C4: General Commerce

  • CT5: Downtown Mixed-Use Transitional

  • DW2: Downtown Design Waterfront

  • MUR: Marina Urban Development

 

The Zoning Code as written, however, divides the Village into certain commercial districts by the intended character they want to achieve, as follows:

  • CD-4: General Urban Character District

  • CD-5: Urban Center Character District

  • CD-5W: Urban Center - Waterfront Character District

  • CD-6 : Urban Core Character District

  • SD-PMD: Planned Residential Special District

  • SD-PMU: Planned Mixed-Use Special District

 

Each of these "Character Districts" has certain advantages for development. The process of creating specific regulations for each Zone is time-consuming. Public meetings are required but most residents find the process overwhelming and difficult to understand. The final set of regulations is often enacted with little or no public input. In some cases, long-term planning is secondary to a short-term economic solution. But proper City Planning creates a set of regulations that preserve the existing character of a Village while promoting intelligent, long-term maintenance and modernization. The economic health of a Village depends on this.

 

Demolition, construction and development are often compared to the stages of surgery. Minor changes can be absorbed easily, with time to heal and adapt. Major changes can create complicated and unpredictable results. For this reason, most municipalities take a measured, careful approach to urbanization. PCMSA seeks to promote such an approach, with an emphasis on taking care to preserve the character of Main Street.

 

"Main Street is the heart and soul of Port Chester"

 

The health of Main Street depends on the careful treatment of existing locally-owned businesses, locally-owned properties, and the overall character of Main Street. That character has been a driving force behind the economic health and attractiveness of the Village.

PCMSA Position
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The targeted Development areas will not promote long-term commerce or local ownership. We recommend "swapping" the Higher Intensity and Limited Intensity districts, with additional recommendations within those general areas to help promote local ownership and development, and to help preserve the general Village character of Main Street.

 

C2, as enacted, allows buildings that are too high for Main Street's width. This creates a dense, urban or inner-city appearance that is contrary to the character of the Village.

 

CT5, as enacted, allows 12 story mixed-use buildings around Liberty Square, on the theory that residents will work elsewhere, use the Railroad station, and not add to the traffic on Main Street. This "transit-oriented" approach is a favorite of developers because it promotes a strong tax-based argument, but fails to address the impact of nearly all of the quality-of-life issues these projects often bring with them.

 

MUR, as enacted, envisions an extremely dense development along the Byram River. The waterfront has been neglected and under-utilized for decades, and needs attention. However the Zoning creates a barrier to access for most of the Village, and does nothing to connect to, or enhance, the character of Main Street.

DISTRICT DESCRIPTIONS - TABLE 345.307.A-1

CD-5W

 

The Code displays this image of the Waterfront area, but the actual Code adopted by the Village does not provide for green spaces, which are actually parking lots in the new Zoning.

CD-5W.jpeg
CD-6

The Code envisions the areas around the existing Train Station as a landscaped park with tall residential towers. The image is of Broad Street and Irving Avenue. The current Zoning permits buildings up to 12 stories tall in this area.
CD-6.jpeg

SD-PMU

 

A Planned Mixed-Use District that allows the Village to approve a variety of buildings on a project-by-project basis. This type of Zoning, while flexible, creates an opportunity for developers to exploit weaknesses in the enforcement of Code standards for height, density, parking, and open spaces. The image presented is a theoretical North Main Street, if the Zoning is applied as written.

sd-pmu.jpeg

Zoning Map

zoning map.jpeg

CD-4: General Urban Character District

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Block perimeter limited to 2400 ft in Development Parcels.

Lot width: 18' min, 60' max.

Lot area: no regulations

Impervious Lot Cover: 80% max.

Must front on a public thoroughfare

Buildings per Lot: 1 permitted

Setbacks (distance to lot lines):

  • Front: Average on Block if other buildings exist, otherwise 0' min, 20' max,

  • Side: 0'

  • Rear: 3' min or 15' from center of alley

Height: 1 story min, 3 stories max

  • (stories do not include attics or basements)

Facade buildout: 60% min

Main Entrance must be in facade

Facade Articulation (division into visibly-different sections) not required

Off-Street Parking: Permitted, but not required

CD-4 Zoning Section

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Page 66 of the Port Chester Code

CD-5: Urban Center Character District

 

Block perimeter limited to 2000' max, or 3000' if parking structure provided, in Development Parcels.

Lot width: 18' min, 120' max.

Lot area: no regulations

Impervious Lot Cover: 100% max.

Must front on a public thoroughfare

Buildings per Lot: 1 permitted

Setbacks (distance to lot lines):

    Front:  0' at corners, 15' elsewhere

    Side: 0' min, 24' max

    Rear: no regulation

Height: 2 story min, 6 stories max

   ( stories do not include attics or basements)

Ceiling Height: 1st story must be 11' min, 25' max. Other stories 9' min, 11' max.

Facade buildout: 80% min

Main Entrance must be in facade

Facade Articulation (division into visibly-different sections) required when building is longer than 100'.

Off-Street Parking: required

CD-5 Zoning Section

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Page 76 of the Port Chester Code https://www.portchesterny.com/sites/g/files/vyhlif1096/f/uploads/final_adopted_chapter_345.pdf

 

PCMSA  considers 6 stories to be too high for this district. Buildings could be 80' tall and still comply with the regulation as written. Zoning regulations should include a maximum height, for example, 30' at the main façade and 50' overall. Alternative increased heights could be permitted if additional setbacks above the 2nd story are provided. This will help preserve the low-scale character of the street for pedestrians accustomed to a more traditional Village experience. 

 

Facade articulation needs to be required for buildings greater than 60' width, to preserve the small-scale character of the retail district.

CD-5W: Urban Center - Waterfront Character District

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Block perimeter limited to 2000' max, or 3000' if parking structure provided, in Development Parcels.

Lot width: 18' min, 180' max.

Lot area: no regulations

Impervious Lot Cover: 100% max.

Must front on a public thoroughfare

Buildings per Lot: 1 permitted

Setbacks (distance to lot lines):

    Front:  0' at corners, 15' elsewhere

    Side: 12' min, 24' max

    Rear: no regulation

    Waterfront setback: 25' from property line

Height: 2 story min, 6 stories max; 4 stories max along the river Waterfront

   ( stories do not include attics or basements)

Ceiling Height: 1st story must be 11' min, 25' max. Other stories 9' min, 11' max.

Facade buildout: 60% min

Main Entrance must be in facade (frontages)

Facade Articulation (division into visibly-different sections) required when building is longer than 100'.

Off-Street Parking: required

CD-5W Zoning Section

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Page 86 of the Port Chester Code

 

PCMSA considers 180' to be too wide for development in this district, unless the design is such that an appropriate small-scale appearance can be achieved with additional Zoning regulations to this section.

 

Lot area should be regulated.

 

Similar to the height problem with  CD-5: height should be more closely regulated. 

 

Facade articulation needs to be required for buildings greater than 40' width, to preserve the small-scale character of traditional residences.

CD-6: Urban Core Character District

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Block perimeter limited to 2000' max, or 3000' if parking structure provided, in Development Parcels.

Lot width: 18' min, 180' max.

Lot area: no regulations

Impervious Lot Cover: 100% max.

Must front on a public thoroughfare

Buildings per Lot: 1 permitted

Setbacks (distance to lot lines):

    Front:  0' at corners, 15' elsewhere

    Side: 0' min, 24' max

    Rear: no regulation

Height: 6 story min, 12 stories max.

   ( stories do not include attics or basements)

Ceiling Height: 1st story must be 11' min, 25' max. Other stories 9' min, 11' max.

Facade buildout: 60% min

Main Entrance must be in facade (frontages)

Facade Articulation (division into visibly-different sections) required when building is longer than 100'.

Off-Street Parking: required

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