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Town of Pleasant Valley, NY
Dutchess County
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Table of Contents
Table of Contents
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum unless otherwise stated. This chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than is imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements, covenants or agreements, the provisions of this chapter shall prevail.
To facilitate public understanding and for convenience in administration, there is hereby declared to be a part of this chapter the following Schedule of Permitted Uses, Schedule of Area and Bulk Requirements.
A. 
No building or premises shall be erected or altered in any district, except for uses designated for the district in the following schedule. No use shall be allowed except as provided by the following schedule and which is in compliance with all applicable provisions of this chapter. Site plan approval is required for all construction or use in any district except for a single-family residence and its accessory structures on an approved building lot. No certificate of occupancy shall be issued until all other applicable provisions of this chapter have been met.
B. 
Districts shown in the Schedule of Permitted Uses are as follows:
CONS
=
Conservation
RA
=
Rural Agricultural
RR
=
Rural Residential
LDR
=
Lower Density Residential
MDR
=
Medium Density Residential
HDR
=
Higher Density Residential
MHP
=
Manufactured Home Park
MC
=
Mixed Use Commercial
HR
=
Hamlet Residential
H-PV
=
Hamlet - Pleasant Valley
H-SP
=
Hamlet - Salt Point
H-WH
=
Hamlet - Washington Hollow
OI
=
Office/Industrial
Q
=
Quarry
SFH
=
Special Flood Hazard
C. 
Permissions shown in the Schedule of Permitted Uses are as follows:
P
=
Permitted use
P*
=
Permitted use subject to site plan approval
SP
=
Special use permit and site plan approval required
=
Prohibited use
[1]
Editor's Note: The Schedule of Permitted Uses is included at the end of this chapter.
[Amended 10-12-2011 by L.L. No. 5-2011]
No building shall be used, erected, constructed, enlarged, altered or arranged on a lot except in accordance with the requirements set forth in the Schedule of Area and Bulk Requirements. (NOTE: See also § 98-14, Accessory buildings and structures.)
[1]
Editor's Note: The Schedule of Area and Bulk Requirements is included at the end of this chapter.
A. 
Building and structure height. No building or structure shall hereafter be erected or altered to exceed in height the limit designated for the district in which it is located.
B. 
Appurtenant yard spaces. No yard, lot size or other area required for a building by this chapter shall, during the existence of such building, be occupied by or counted as yard space for another building.
C. 
Use of yards.
(1) 
No structure shall be used, erected, constructed, enlarged, altered or arranged on a lot except in accordance with the front, side and back yard setback requirements as set forth in the Schedule of Area and Bulk Requirements. All structures which impede sight distances shall require site plan approval. A mailbox officially accepted by the United States Post Office for roadside mail delivery shall not be considered a structure.
(2) 
Minimum yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material, or for signs, except as otherwise specifically permitted herein.
D. 
Yard clearance. Boats and utility or camp trailers may not be stored, maintained or parked in any front yard, except in a residential driveway. No such vehicles, though properly set back, shall be used for living or sleeping purposes.
E. 
Porches and decks. Porches, including uncovered and unenclosed entrance porches, shall comply with the required setbacks of this chapter.
F. 
Alteration of land. Alteration of land adjacent to any public road must receive approval of the appropriate highway superintendent.
G. 
Trash receptacles.
(1) 
Storage accessory to any one- or two-family dwelling for the purpose of storing garbage, other than standard receptacles for household trash not in excess of 95 gallons, shall be screened from view from a walkway or street. This shall not be construed to authorize any activity that is regulated under Chapter 57 of Town Code, Refuse Collection, Storage and Disposal.
(2) 
Storage accessory to any nonresidential or multifamily residential premises, in which a receptacle is used in common by the inhabitants of two or more dwellings, shall be screened from view from a walkway or street.
H. 
Storage of alcohol, gasoline, crude oil, liquefied petroleum gas or other highly flammable substances. The storage of these liquids in aboveground tanks in an amount greater than 550 gallons per tank shall be permitted only when such tanks up to and including 10,000 gallons' capacity are placed not less than 50 feet from all property lines and when all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons per tank shall be properly diked with earthen dikes having a capacity of not less than 1 1/2 times the capacity of the tank or tanks surrounded.
I. 
Prohibitions:
(1) 
Installation of an underground fuel tank or tanks, whose combined capacity is less than 1,100 gallons. This applies to all uses throughout the Town, including single-family, two-family, and multifamily dwellings.
(2) 
Land application of septage, sludge, or human excreta, including land application facilities defined in the New York Codes, Rules and Regulations (NYCRR), Title 6, Department of Environmental Conservation. This prohibition shall not apply to land application of treated wastewater for irrigation when duly approved by county, state or federal agencies with regulatory jurisdiction.