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Beacon council to introduce local law clarifying drive‑thru and self‑storage rules; seeks planning‑board input on self‑storage locations

2768241 · February 11, 2025
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Summary

City staff presented a draft local law to the City of Beacon council that would make explicit a zoning principle: uses not expressly permitted in a zoning district are prohibited.

City staff presented a draft local law to the City of Beacon council that would make explicit a zoning principle: uses not expressly permitted in a zoning district are prohibited. Natalie, the city planner, told the council the amendment adds a clause to the use table to make that clear and pulls self‑storage out as a distinct use in the table.

"If the use is not expressly permitted ... you presume that it is prohibited," Natalie said, describing the change as standard municipal practice. She said the draft also lists drive‑through facilities as a permitted accessory use in the use table but retains prohibitions inherited from earlier rules for districts such as the Central Main Street (CMS) and the Linkage District.

City Attorney Jennifer Gray summarized the next steps: "Provided that this language is suitable to you, this would be the local law that you could introduce at your meeting next week. And then the next step would be to refer that to the county planning and your city planning board for comment," she said.

Councilmembers discussed how the change would operate in practice. Molly said she "appreciate[s] the elegance of this" approach — emphasizing clarity about permitted and prohibited uses — but also urged the council to be prepared to add specific uses later if the community wants them. Mayor Lee and other members raised particular concern about whether self‑storage should be barred citywide or limited only in pedestrian‑oriented corridors. Lee said the self‑storage issue "doesn't have any time sensitivity" and urged caution.

Staff and council agreed on a compromise approach: move the draft forward for introduction at the regular council meeting next week, but ask the city planning board and Dutchess County planning officials to review and advise specifically on whether there are locations where self‑storage should remain allowed. Jennifer Gray confirmed staff will prepare a memo asking the planning boards for that targeted input.

What the draft changes would mean in practice: city staff said existing, lawfully operating self‑storage or drive‑through businesses that would become prohibited under the revised table would be legal, nonconforming uses and may continue, but could not be enlarged. If a property owner sought a new drive‑through in a district where the draft would prohibit it, the owner would need either a use variance (a high legal burden) or a zoning amendment from the council.

Next steps: staff will present the local law for introduction at the upcoming council meeting and will refer the draft to the city planning board and county planning for comment, with a specific request for guidance on where, if anywhere, self‑storage should be allowed.