This chapter shall be known and may be cited as "The Zoning
Law of the Town of Rhinebeck, Dutchess County, New York," adopted
as Local Law No. 6 of 2009, or as it is referred to herein simply
as the "Zoning Law."
This chapter regulates the location, construction, alteration, and use of buildings and structures and the development and use of land within the unincorporated portion of the Town of Rhinebeck and for said purposes divides the Town into the enumerated in Article II.
This chapter is adopted pursuant to the Town Law of the State
of New York, Chapter 62 of the Consolidated Laws, Article 16, and
Articles 2 and 3 of the Municipal Home Rule Law, to protect and promote
public health, safety, comfort, convenience, economy, aesthetics and
general welfare and for the following additional purposes:
A.
To guide development of the Town in accordance with the Town of Rhinebeck
Comprehensive Plan, so that the Town may realize its potential as
a place to live and to work, with the most beneficial and convenient
relationships among the residential, commercial and mixed-use areas
within the Town and with due consideration to:
(1)
The character of the district and its suitability for particular
uses, and
(2)
The existing conditions and trends in population, economic value
of buildings and neighborhoods, and
(3)
The limitations imposed upon development by natural and cultural
resources; and
(4)
The historical patterns of more compact development in the village
and hamlets surrounded by rural, scenic and natural lands, historical
features and historic roads.
B.
To recognize and continue the rural development patterns that occurred
in the Town before the advent of zoning by discouraging the development
of greenfield sites, encouraging development and redevelopment of
infill sites and allowing flexibility in the design of new development
and ownership of open space.
C.
To protect and manage the rural, scenic, natural and historic character
of the Town.
D.
To preserve the integrity, stability and beauty of the community
and the value of the land.
E.
To enhance the appearance of the Town as a whole, by ensuring that
all development shall be orderly and beneficial to the Town, by eliminating
inappropriate and poor quality design in the provision of site improvements
and in the exterior appearance of structures, and by controlling the
erection and maintenance of signs throughout the Town.
F.
To protect residential areas and to provide privacy for families
by the protection of such areas from, among other factors, the visual
and noisome intrusion of nonconforming uses. Wherever reasonable and
appropriate, nonconforming uses should be brought into compliance
with this chapter to the extent permitted by law.
G.
To facilitate the provision of transportation, water supply, sewage
disposal, school, park and other public facilities and services as
needed by the community.
H.
To protect the character of specifically identified scenic and historic
resources and sensitive environmental areas, including wetlands, floodplains
and other water bodies, prime agricultural soils, and steeply sloped
areas.
I.
To facilitate the provision of affordable housing and a variety of
housing choices for Rhinebeck's first-time homebuyers, seniors and
work force, including retailers, laborers, school, hospital/health
care, fire and law enforcement personnel and office workers, among
others, and to take into account the requirements of special, diverse
populations when addressing housing needs of the community.
J.
To assure that the capital plans of all local, county and state agencies
within the Town of Rhinebeck are in compliance with the Town of Rhinebeck
Comprehensive Plan.
K.
To promote and support implementation of the Dutchess County Master
Plan "Directions," the Greenway Compact program and guidelines known
as Greenway Connections, the state-designated Scenic District's Mid-Hudson
Historic Shorelands Scenic District Management Plan, the Hudson Valley
Scenic Roads Program, including the Scenic Roads Handbook, the Town
of Rhinebeck Local Waterfront Revitalization Program, including guidance
from the Department of State's Scenic Areas of Statewide Significance
publication and other plans adopted by the Town of Rhinebeck.
L.
To preserve all designated historic districts, buildings, sites and
features for the enjoyment of present and future generations.
M.
To achieve social, economic and cultural diversity within the community
and to prevent the establishment of any "gated" residential development
that is not fully integrated with the community.
N.
To preserve the history and integrity of the Hamlet of Rhinecliff
and ensure that its strong civic and cultural life is maintained.
O.
To preserve and protect the Hudson River and its shorelands, and
provide and protect visual and physical access to them.
P.
To conserve lands suitable and necessary for agriculture and forestry.
Q.
To perpetuate the pattern of mixed uses and higher densities in the
Village of Rhinebeck and the Hamlet of Rhinecliff, surrounded by low-density
rural uses.
R.
To preserve and protect open space and viewsheds, agricultural and
forested lands and gateways, as Rhinebeck's housing stock is moderately
expanded.
S.
To ensure that all new development is pedestrian-friendly.
T.
To plan all residential development to be appropriately in keeping
with Rhinebeck's unique, small-town character and its historic and
architectural heritage.
U.
To conserve lands suitable and necessary for surface water and groundwater
recharge, biodiversity and wildlife habitat.
V.
To promote the viability of existing, locally owned businesses in
Rhinebeck, and preserve and protect the village commercial center
as a lively and active one.
W.
To encourage new businesses in the Town that are built to human scale;
provide employment for residents; and offer goods and services geared
to their needs.
X.
To retrofit existing, nonconforming commercial development over time,
in order to respect Rhinebeck's small-town character and architectural
heritage.
Y.
To encourage tourism in Rhinebeck at a scale that respects the Town's
historic and rural character, making visitors feel welcome while respecting
the primary needs of residents.
Z.
To continually explore opportunities for intermunicipal cooperation
with Rhinebeck Village for such community services as police, fire,
roads, sewage disposal, refuse and water supply.
AA.
To ensure that such elements of infrastructure as water supply, sewer
and roads are built and maintained to be consistent with community
ideals and values, as expressed in the Town Comprehensive Plan.
BB.
To work cooperatively to ensure that schools, libraries and other
educational and cultural facilities and organizations are supported
at the highest levels.
CC.
To maintain and enhance Rhinebeck as a center for diverse and inclusive
recreational, civic and cultural activities.
DD.
To collaborate with public and private entities and work regionally
with other communities to preserve the unique characteristics and
special features of the Town.
[Amended 7-25-2016 by L.L. No. 5-2016]
The Town of Rhinebeck is a member of Dutchess County's Greenway
Compact Program and has adopted Greenway Connections: Greenway Compact
Program and Guides for Dutchess County Communities, as amended from
time to time, as a statement of land use policies, principles, and
guides to supplement other established land use policies in the Town.
The Town of Rhinebeck Zoning Law has been designed to be consistent
with Greenway Connections and the Greenway Compact Program. All Town
agencies shall include the provisions of the Greenway Compact Program
in their review of actions under the State Environmental Quality Review
Act (SEQRA) and the State Historic Preservation Act. New York State
agencies must, to the fullest extent practicable, coordinate their
activities with the Town of Rhinebeck and conduct their activities
in a manner consistent with the Greenway Compact Program. In its discretionary
actions under this chapter, the reviewing agency should take into
consideration said statement of policies, principles and guides, as
appropriate and when in harmony with the Town Comprehensive Plan.
A.
The Town of Rhinebeck has adopted a Local Waterfront Revitalization Program (LWRP). The LWRP has been incorporated into the New York State Department of State's Coastal Management Program, with concurrence of this incorporation by the federal Office of Ocean and Coastal Resource Management (OCRM). In accordance with the LWRP, the Supervisor of the Town of Rhinebeck and the Town Board will be responsible for overall management and coordination of the LWRP. Each Town agency will be responsible for determining whether its actions are consistent with the LWRP. A Waterfront Advisory Committee (WAC), as presently constituted pursuant to Town Code Chapter 118 in its entirety of all appointed members of the Town's Conservation Advisory Board, has been and will continue to be appointed by the Town Board to make recommendations to the Town Supervisor, the Town Board and other responsible Town agencies involved in the financing, permitting or approval of projects within the Local Waterfront Revitalization Area (LWRA) concerning consistency of actions with the coastal policies. Actions within the LWRA include the demolition of historic buildings, which are addressed in Article V, § 125-62, of this chapter.
[Amended 7-25-2016 by L.L. No. 5-2016]
B.
Whenever a proposed action is located within the LWRA, the local
agency under whose jurisdiction that action falls shall, prior to
approving or permitting, funding or undertaking the action, seek the
advice of the WAC. The WAC's advice shall be presented in writing
and include, along with its consistency recommendation, any suggestions
for modifications the referring official or agency might consider
that would make the proposed action more consistent with the LWRP
or help advance the LWRP policies and standards.
C.
Upon receipt of the WAC's report, the local agency with jurisdiction
to approve or permit, fund or undertake the proposed action will consider
the recommendations of the WAC and make its own determination as to
whether the proposed action is consistent to the maximum extent practicable
with the LWRP or, absent such a finding, either recommend or impose,
as pertinent, modifications that would have to be incorporated in
the proposed action to merit a determination of consistency with the
LWRP.
D.
If the agency determines that the action would cause a substantial
hindrance to the achievement of LWRP policy standards and conditions,
such action shall not be undertaken unless the agency determines with
respect to the proposed action that:
(1)
No reasonable alternatives exist which would permit the action to
be undertaken in a manner which will not substantially hinder the
achievement of such LWRP policy standards and conditions;
(2)
The action would be undertaken in a manner which will minimize all
adverse effects on such LWRP policy standards and conditions to the
maximum extent practicable; and
(3)
The action will result in an overriding Town, regional or state-wide
public benefit. Such a finding shall constitute a determination that
the action is consistent to the maximum extent practicable.
E.
Each agency shall maintain a file for each action made the subject
of a consistency determination, including any recommendations received
from the Waterfront Advisory Committee. Such files shall be made available
for public inspection upon request.
This chapter divides Rhinebeck into zoning districts and establishes rules for the use of land in each district. Article II describes the districts and illustrates their location on the zoning districts maps. Other information in this chapter can be found as follows:
A.
Refer to the Use Table in Article III, Use Regulations, to determine the uses that are allowed in each district. The definitions found in Article XIII explain what many of the different use categories mean. The Table of Bulk Requirements in Article IV contains density requirements, setback, and other building and lot dimension standards relating to the development of lots.[1]
[1]
Editor's Note: The Schedules of Use Regulations and Bulk Regulations are included as an attachment to this chapter.
B.
Articles V, VI, and VII contain regulations that apply to specific types of uses and structures, and the procedures used to apply for and obtain subdivision, site plan and special use permit approvals from the Town Planning Board. Article V also contains the energy efficiency and sustainable building practices required for building construction in the Town.
D.
Article VIII contains special form-based standards and guidelines that apply to the Village Gateway (VG) District, the Community Business South (CB-S) District, and for the Town's transfer of development rights program. Development within such districts and program is guided by the form-based design standards and guidelines in this article.
E.
Article IX applies to nonconforming and noncomplying buildings, structures and uses. Article X stipulates the procedures for applying for building permits and certificates of occupancy, and the responsibilities of the Town's Code and Zoning Enforcement Officers. Article XI describes how to apply for variances from the Zoning Board of Appeals and the consequences of not complying with this chapter. Article XII explains the procedures required for amendments to this chapter, including establishment of an Active Senior Housing Floating District.
[Amended 7-25-2016 by L.L. No. 5-2016]
F.
Article XIII provides definitions for important terms used in the Zoning Law. Readers should consult the definitions section to obtain a complete understanding of the Zoning Law.
G.
Article XIV outlines the requirements for the reimbursement of professional consultant fees in the review of applications before the Town Board, Planning Board, and Zoning Board of Appeals. An escrow account shall be established for such purposes.
H.
Appendix A contains complementary Design Standards adopted by the Town Board and considered an integral part of this chapter. The Design Standards are used in conjunction with Article VII to help applicants understand what is intended by the criteria for site design, building design, landscape and design of both lighting and signage. Their purpose is to clarify what is intended, thereby simplifying and speeding the site plan approval process.[2]
[Amended 7-25-2016 by L.L. No. 5-2016]
[2]
Editor's Note: Appendix A is on file in the Town offices.
J.
Appendix C contains two maps that identify the boundaries/locations
for the various designations in Rhinebeck that have been made by the
Town and other agencies such as the state-designated Mid-Hudson Historic
Shorelands Scenic District, state-designated Hudson Valley scenic
roads, locally designated scenic roads, the Town adopted and state
and federal government approved Local Waterfront Revitalization Program
boundary, the Hudson River National Historic Landmark District, other
National Register of Historic Places districts and sites, and locally
designated historic sites.[4]
[4]
Editor's Note: Appendix C is on file in the Town offices.
These regulations govern the use, development, and protection of all land and structures within the unincorporated areas of the Town of Rhinebeck, New York, said territory being indicated on the Zoning Maps on file at the Rhinebeck Town Hall. These maps and their boundaries shall be incorporated and made part of this chapter, and copies can be found in a reduced scale at the end of Article II herein.[1]
[1]
Editor's Note: The Zoning Maps are included as attachments to this chapter.
If any article or specific part or provision or standard of
this chapter or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board hereby declares that
it would have enacted this chapter or the remainder thereof had the
invalidity of such provision or application thereof been apparent.
If any zoning district boundary that may exist in the future is found
by a court to be invalid for any reason, the decision of the court
shall not affect the validity of any other section, provision, standard,
or district boundary of these regulations except the provision in
question. The other portions of these regulations not affected by
the decision of the court shall remain in full force and effect.
The Town Board hereby declares its legislative intent to supersede
any provision of any local law, rule, or regulation or provision of
the Town Law inconsistent with this chapter. The Town Law provisions
intended to be superseded include all of Article 16 of Town Law, §§ 261
to 285 inclusive, and any other provision of law that the Town may
supersede pursuant to the Municipal Home Rule Law and the Constitution
of the State of New York. The courts are directed to take notice of
this legislative intent and apply it in the event the Town has failed
to specify any provision of law that may require supersession. The
Town Board hereby declares that it would have enacted this chapter
and superseded such inconsistent provision had it been apparent.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, safety, or the general welfare. Whenever the
requirements of this chapter are inconsistent with the requirement
of any other lawfully adopted rules, regulations, ordinances or local
laws, the more restrictive provisions, or those imposing the higher
standards, shall govern.
[Amended 7-25-2016 by L.L. No. 5-2016]
A.
No application
for subdivision plat approval, site plan approval, special use permit,
certificate of demolition or removal, change of nonconforming use,
or variance pursuant to this Zoning Law shall be deemed complete for
purposes of commencing review of the same by either the Planning Board
or the Zoning Board of Appeals, as applicable, for any premises or
property on which there is an existing violation of this Zoning Law
or of any Town, county or state law or regulation governing building
construction and/or the development and use of land, buildings and
structures within the Town of Rhinebeck. This provision shall not
be interpreted to prohibit the issuance of a certificate of demolition
or removal if demolition or removal is deemed by the Code Enforcement
Officer to be the reasonable means to remedy a condition determined
by the Code Enforcement Officer to be an imminent threat to public
health and safety.
B.
No building
permit, sign permit, certificate of occupancy or certificate of compliance
shall be issued by the Zoning Enforcement Officer or Code Enforcement
Officer for any premises or property on which there is an existing
violation of this Zoning Law or of any Town, county or state law or
regulation governing building construction, and/or the development
and use of land, buildings and structures within the Town of Rhinebeck.
C.
For purposes of this section, a premises or property shall be deemed to be in violation of this Zoning Law where a stop-work order, notice of violation, order to remedy violation or similar notice or order has been issued by the Town’s Code Enforcement Officer and/or Zoning Enforcement Officer in accordance with the provisions of the Code of the Town or Rhinebeck or the Town of Rhinebeck has filed a criminal or civil action in a court of competent jurisdiction and the violation which is the subject of the order, notice or legal action has not been remedied by the property owner. In the event the automatic stay provisions of § 125-111 of the Code of the Town of Rhinebeck, or § 267-a, Subdivision 6, of the Town Law, are invoked by timely appeal of any such order or notice to the Zoning Board of Appeals, the applicable Board or the Zoning Enforcement Officer can deem the application complete for purposes of commencing review but no final approval shall be granted by the Board until such time as the Zoning Board of Appeals has reversed the determination of the officer or the violation has been remedied. For purposes of this provision, remedy of a violation shall be deemed to have occurred when the officer who issued the order or notice has inspected the property and has notified the property owner in writing that the violation has been satisfactorily remedied.
From time to time, at intervals of not more than five years,
the Planning Board shall conduct a review of the effectiveness of
the provisions of this chapter, including the locations of zoning
district boundaries, and shall submit a report thereon to the Town
Board, recommending such changes or amendments, if any, which may
be desirable in the interest of the public health, safety, convenience,
necessity or welfare.
A.
Planning Board applications. Applications for subdivision approval,
site plan approval and special use permit approval, which have been
made to the Planning Board prior to the effective date of this chapter
and for which the Planning Board has adopted a resolution granting
final, conditional approval and said approval has not expired, shall
be exempt from the provisions of this chapter, but shall be subject
to the 1989 Zoning Law of the Town of Rhinebeck, Dutchess County,
New York, as amended. On the effective date of this chapter, the Town
Attorney shall certify a list of all subdivision, site plan and special
use permit applications which shall be exempt. All other applications
before the Planning Board, pending as of the effective date of this
chapter, shall be bound by and subject to the provisions of this chapter.
B.
Zoning Board of Appeals applications. Applications for area variances,
use variances and other applications which have been made to the Zoning
Board of Appeals prior to the effective date of this chapter and for
which the Zoning Board has adopted a resolution granting final, conditional
approval and said approval has not expired, shall be exempt from the
provisions of this chapter, but shall be subject to the 1989 Zoning
Law of the Town of Rhinebeck, Dutchess County, New York, as amended.
On the effective date of this chapter, the Town Attorney shall certify
a list of all area variance, use variance and other applications which
shall be exempt. All other applications before the Zoning Board, pending
as of the effective date of this chapter, shall be bound by and subject
to the provisions of this chapter.
This chapter shall become effective immediately upon its filing
in the office of the Secretary of State of the State of New York,
in accordance with the applicable provisions of law, specifically
§ 27 of the Municipal Home Rule Law.
