A. 
Purpose. The use regulations in this article are intended to allow flexibility of land use to encourage business development that is consistent with the character and scale of Amenia's hamlets, neighborhoods, and rural areas. In reviewing applications for special permits and site plan approval, the Planning Board shall impose any conditions that may be necessary to ensure that a proposed use will be compatible with its surroundings. The Planning Board shall deny any proposed use which does not satisfy the criteria in this chapter.
B. 
Use restrictions and use table. No structure or land shall be used except as provided in the Use Table below.[1] See § 121-74 for definitions of the use categories. In the event that a particular proposed use does not fit into one of the categories shown on the Use Table and is not prohibited by § 121-10C below, it may be allowed by special permit issued by the Town Board. The meaning of the symbols on the table is as follows.[2]
[1]
Editor's Note: The Use Table is included at the end of this chapter.
[2]
Editor's Note: The meaning of the symbols is included in the Key at the top of the table.
C. 
Prohibited uses. Any use, whether or not listed in the Use Table, is prohibited if it does not satisfy the standards and criteria in §§ 121-40 and 121-63. The following uses are prohibited under all circumstances (existing uses may be continued pursuant to the nonconforming use provisions of Article VI): heavy industry, asphalt plants, facilities for disposal of hazardous or radioactive material, and, except as provided in § 121-50, solid waste management facilities as defined in Article XII, including but not limited to the use of solid waste or material that has previously been part of the solid waste stream (whether or not it has a "beneficial use designation" from DEC) as fill. Any such specifically prohibited use which when initiated was not listed as a permitted or special permit use in the Town of Amenia Zoning Law (and was therefore initiated in violation of the Zoning Law) shall not be protected as a nonconforming use by the provisions of Article VI.
D. 
Accessory uses. Uses customarily incidental and subordinate to principal uses shown on the Use Table shall be allowed on the same terms as the principal uses, whether or not on the same lot, unless otherwise indicated on the Use Table. Noncommercial recreational use shall be permitted as an accessory use in all districts.
E. 
Mixed use. The Town of Amenia encourages the mixing of uses where such mixing does not create land use conflicts. Accordingly, all special permit and/or site plan reviews for the same project shall be consolidated into one proceeding before the Planning Board (except where the Town Board or Zoning Board of Appeals has jurisdiction over a special permit).
F. 
Change of use or structure. A change of use is the initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category, shall not be considered a change of use, unless the change would result in the enlargement or addition of a sign or an increase of more than 20% in vehicle trip generation as indicated in current trip generation rates contained in the publications Trip Generation or Trip Generation Handbook published by the Institute of Transportation Engineers (ITE).
(1) 
Uses by right (P). Any change of use of land or existing structures to a use permitted by right without site plan review (P on the Use Table) shall not require approval from the Planning Board or the Code Enforcement Official. This shall not affect applicable requirements for obtaining building permits for construction or expansion of a structure from the Code Enforcement Official under Chapter 63 of the Amenia Town Code.
(2) 
Uses by right subject to site plan review (PS). Any change of the use of an existing structure to a use permitted by right subject to site plan review shall require site plan review only if it involves the construction or enlargement of a structure, the clearing, excavation, or grading of more than 1,000 square feet of land, the addition of four or more parking spaces, or the enlargement or addition of signs.
(3) 
Uses by special permit (S on the Use Table).
(a) 
A special permit shall be required for any change of use from a use that does not require a special permit to a use that does require a special permit.
(b) 
Once a special permit has been granted, it shall run with the land and apply to the approved use and to all subsequent owners, tenants, and occupants engaged in the same use. The special permit shall also apply to any subsequent use of the property in the same use category, provided that such use has no greater impact on adjoining properties, complies with all terms and conditions of the special permit, and does not involve new construction, enlargement, exterior alteration of existing structures, increased parking, or other changed use of outdoor areas. Any change to another use allowed by special permit shall require the granting of a new special permit or a special permit amendment, except as otherwise provided pursuant to a master development plan approved pursuant to § 121-16 (MCO) or § 121-18 (RDO).
G. 
Rebuilding, replacement, and expansion of structures. The rebuilding or replacement on the same footprint of any structure for a use which requires site plan review (PS) and/or a special permit (S) shall require site plan review, even if it is a continuation of the same use.
H. 
Special site design and operational considerations in the OC District.
(1) 
The purpose of the OC District is to allow larger-scale nonresidential uses that contribute to the Town's tax base and provide jobs for local residents, while protecting the Town's treasured scenic and rural qualities using open space buffers. Impervious surfaces are limited to 40% of total project area, requiring 60% to be maintained as open or undeveloped "green space." This green space shall be arranged in a manner that adequately buffers buildings and parking areas from public roads and neighboring properties, while protecting wetlands, watercourses, and scenic views.
(2) 
Buildings shall be placed in front of their parking lots to screen the parking from the road. This requirement shall not apply if the entire site is screened from the road by natural vegetation and/or natural topography. The Planning Board may modify or waive this requirement where unusual lot configurations such as corner lots or through lots make compliance with this requirement impractical or impossible or where the predominant character of surrounding development is such that compliance with this requirement would serve no useful purpose, provided that the applicant minimizes the visual impacts of such parking areas.
I. 
Small-scale business uses in the RA and RR districts. Residential structures in the RA and RR Districts that were in existence as of the date of adoption of this chapter (July 19, 2007) may be used for office, restaurant, retail, and service business uses by special permit, provided that their exterior appearance is not significantly modified and that the business use does not occupy more than 5,000 square feet of floor space. New structures not exceeding 5,000 square feet in floor space may be built that comply with this section, provided that they maintain a residential appearance and that all parking areas are screened from view from adjoining properties and public roads. Any changes to an existing structure or construction of a new structure shall take into consideration the design guidelines referred to in § 121-5. The uses allowed by this Subsection I may only be permitted if they have frontage on and access to a state or county highway, except that if such a use previously existed in a location with frontage on and access to a Town road, and its nonconforming use status has lapsed, such use may be reestablished in conformance with this Subsection I.
A. 
Purpose. The regulations in this section are intended to encourage the preservation of Amenia's open space, while providing opportunities for needed housing and business uses. This is accomplished by clustering development in nodes surrounded by open space and, where practical, in the traditional compact pattern found in the Town's hamlets. This chapter contains flexible regulations for density and lot dimensions and encourages the use of open space development (including conservation subdivision) as an alternative to conventional subdivision to preserve significant amounts of open space. See Article V for standards for open space development.
B. 
Dimensional table. The following table is hereby adopted and will be referred to as the "Dimensional Table."[1]
[1]
Editor's Note: The Dimensional Table is included at the end of this chapter.
C. 
Minimum floor area. The minimum floor area of a dwelling unit shall be the minimum required by the Building Codes of the State of New York.
[Amended 3-16-2023 by L.L. No. 4-2023]
D. 
Minimum lot sizes in HM and HR Districts and conservation subdivisions. Minimum lot sizes in the HM and HR Districts and in conservation subdivisions shall be as shown below, provided that such lots comply with all applicable public health requirements and that all common water and sewage disposal facilities are managed by entities which the Planning Board deems adequate to protect public health on a long-term basis. Minimum lot sizes for such lots shall be:
(1) 
With common or municipal water supply but no common or municipal sewage disposal services: 40,000 square feet.
(2) 
With common or municipal sewage disposal services only: 20,000 square feet.
(3) 
With common or municipal water supply and sewage disposal: 8,000 square feet.
(4) 
Without common or municipal water supply or sewage disposal services: 40,000 square feet.
E. 
Impervious surface flexibility. In the course of site plan, special permit, area variance, or subdivision approval, an applicant may request permission to exceed the maximum impervious surface requirements through the use of partially permeable materials that allow for some infiltration of water into the ground. Such permission may be granted by the reviewing board only if the applicant demonstrates that the use of such materials will result in at least as much groundwater infiltration and no more stormwater runoff from the site than would occur if the applicant complied with the limitations in the Dimensional Table using impervious materials.
A. 
Two-family dwellings.
(1) 
In the HM and HR Districts, two-family dwellings shall be permitted by right on all conforming lots (with County Health Department approval).
(2) 
In all other districts, lots containing two-family dwellings shall be at least twice the minimum lot size in the district, except as provided in Subsection C below.
(3) 
On lots created as part of a conservation subdivision, two-family dwellings may be approved as part of the approval process for the conservation subdivision, consistent with the overall density requirements for the conservation subdivision in Article V.
B. 
Multifamily and age-restricted.
[Amended 3-16-2023 by L.L. No. 4-2023]
(1) 
Buildings may be converted to multifamily use if permitted in the Use Table.[1] Density shall be subject to the applicable bulk and dimensional requirements of the underlying zoning district. Conversions to mixed residential and compatible nonresidential uses are encouraged. Nothing in the provision shall preclude the construction of an addition to an existing structure or new structure to accommodate additional units in compliance with the density and dimensional standards of the applicable zoning district.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
(2) 
For congregate senior citizen housing and residential care facilities, each bedroom shall be counted as 1/2 of a dwelling unit. For multifamily units, studio apartments shall be counted as 1/2 of a unit, and one-bedroom apartments shall be counted as 3/4 of a unit.
(3) 
The maximum density for new multifamily dwellings in the HR and HM Districts shall be two units per acre with municipal water or sewer service, eight units per acre with municipal water and sewer service, or one unit per acre with no municipal water or sewer service. In the HM and HR Districts, multifamily dwellings shall face an existing or new street, with parking behind the buildings or off site.
(4) 
The maximum density for multifamily dwellings in the OC District shall be determined in each case by the Planning Board based upon all relevant special permit and site plan review criteria. New residential development shall not exceed 20% of the total floor space in any development project in the OC District.
(5) 
Apartments located above nonresidential uses shall be allowed at the same density as multifamily dwelling units, except that for each lot, one apartment not exceeding 1,000 square feet may be located above a nonresidential use by right as an accessory apartment pursuant to Subsection C below.
C. 
Accessory apartments and accessory residential structures. One accessory apartment per attached or detached single-family dwelling may be located in an accessory structure or a principal building as provided in the Use Table.[2] The accessory apartment shall not be counted as a residential unit for purposes of determining density. A building permit shall not be granted for an accessory apartment without approval or certification from the Dutchess County Department of Health of the adequacy of the septic system to accommodate both the primary and accessory structures.
[Amended 3-16-2023 by L.L. No. 4-2023]
[2]
Editor's Note: The Use Table is included as an attachment to this chapter.
D. 
Multiple residences on a lot. A lot may contain more than one principal residential structure and accessory apartment, provided that the lot has sufficient acreage to comply with applicable density requirements. Such a lot may not be later subdivided unless the subdivided lots conform to the dimensional regulations in effect when the subdivision is proposed. If a lot is proposed to have more than two principal residential structures, site plan approval shall be required from the Planning Board.
The HM, HR, and MCO Districts are intended to implement the concept of traditional neighborhood development (TND). The RDO District is intended to incorporate major design elements of TND. TND refers to the development of compact complete communities that include single-family homes, apartments, townhouses, workplaces, shops, restaurants, inns, hotels, and recreational facilities. Its goal is to create a pedestrian-oriented environment in which residents and those who work in the area can walk comfortably between different land uses and minimize the use of automobiles. There is a large literature on TND (also known as "new urbanism" and "neotraditional development"), and applicants are encouraged to consult that literature and the website of the Congress for the New Urbanism. The Charter of the New Urbanism, available on that website, is an expression of the intent of this § 121-12.1 and shall be considered by the Planning Board in evaluating applications in these districts.
A. 
Open space requirement. Applicants for residential development in an HR or HM District shall provide a payment in lieu of providing recreational land (recreation fee) unless the development parcel is at least 10 acres and the applicant provides at least 15% of the land as publicly accessible open space in the form of squares, greens, parks, playgrounds, and/or trails. Open space requirements for the MCO and RDO districts are contained in §§ 121-16 and 121-18. Recreation fees shall also be charged for single-family and multifamily dwelling units in these districts, unless the applicant can demonstrate that all of the recreational needs of residents of the development will be provided on site. Recreation fees shall not be charged for any units designated as workforce housing.
B. 
Multifamily dwellings. Multifamily dwellings shall have their front entrances on an existing or new street, with parking behind the buildings. Multifamily dwellings may take the form of rowhouses, townhouses, apartment buildings, hotel-condominiums, mixed-use buildings containing apartments, or any other form, such as three-family and four-family houses, provided that they fit into the traditional architectural character of Amenia, as determined by the Planning Board.
C. 
Apartments in mixed-use buildings. Apartments are encouraged to be located in the upper stories of buildings that have retail or service commercial on the ground floor, in the manner of traditional hamlet main streets.
D. 
Design guidelines. TND development shall, to the extent practical, follow the "Hamlet Design Guidelines" and Greenway Connections referred to § 121-5. The Town Board may adopt additional design standards or guidelines to assist in the administration of this § 121-12.1. An applicant may substitute proposed architectural covenants or a form-based code with design standards in lieu of following these guidelines. Such covenants or code may also substitute for the requirements in Subsections E and F of this section.
E. 
Setbacks and build-to lines. Maximum setbacks and build-to lines may be established at the time of site plan approval, in conformance with the practices found in traditional hamlets, and shall supersede otherwise applicable setbacks in the Dimensional Table.[1]
[1]
Editor's Note: The Dimensional Table is included at the end of this chapter.
F. 
Streets and blocks. Streets shall generally be interconnected, and permanent culs-de-sac shall only be permitted where wetlands, watercourses, or steep slopes make street interconnections impractical. In such cases, pedestrian paths and public stairways shall be provided where possible. The average area of a block shall not exceed 2.5 acres. Applicants shall show street cross sections demonstrating compliance with TND principles. All streets shall be offered for dedication to the Town, and no street shall be gated. The requirements for streets in the Town's road specifications shall be waived if such waivers are necessary to permit street designs in traditional hamlet character.
G. 
Consultants. For all development under the regulations in this § 121.12.1, the Town shall retain design experts with specific expertise in TND development as necessary to review the application and ensure that it complies with the principles contained in the Charter of the New Urbanism.
H. 
Applicability to the MCO and RDO Districts. Development in the MCO and RDO Districts shall conform to the requirements of this § 121-12.1 with the following exceptions:
(1) 
Within the MCO District, these requirements shall apply only within 3,500 feet, horizontal distance, of the Ten-Mile River commuter rail station platform.
(2) 
Within the RDO District, the requirement of a complete mixed-use community shall not apply if it would not be economically viable in the location of the resort development or if it would have an adverse impact on the economic viability of the Hamlet of Amenia. However, the requirements of Subsections B, D, E, F, and G above may apply if such requirements are consistent with the proposed resort use of the property.