A.
For the purposes of this chapter, the Town of Rhinebeck hereby establishes
and divides the Town into the following zoning districts as illustrated
on the Town of Rhinebeck Zoning Map.[1] The intent of the zoning districts is to guide both the
conservation and development of the Town's land and water resources
in harmony with the Town Comprehensive Plan, the Dutchess County Plan
Directions, the Hudson River Valley Greenway Compact guidelines Greenway
Connections, including consistency with the objectives of the Town's
National Historic Landmark District and Local Waterfront Revitalization
Program (LWRP), the Mid-Hudson Historic Shorelands Scenic District
Management Plan and scenic roads programs, and any locally or state-designated
protected resources and critical environmental areas. In addition
to the zoning districts, this chapter also establishes overlay districts,
which add additional requirements to protect identified natural and
cultural resources or to encourage specific types of development.
Small-scale housing developments for senior citizens have been addressed
by this chapter through a floating zone, which is established through
the zoning amendment process. The zoning districts are listed in tabular
form as follows and are more explicitly described below that. Maps
identifying the zoning districts can be found at the end of this article.
[Amended 7-25-2016 by L.L. No. 5-2016; 4-18-2017 by L.L. No. 1-2017; 6-10-2019 by L.L. No. 2-2019]
|
Map Symbol
|
District Name
| ||
|---|---|---|---|
|
Residential Districts
| |||
|
HP20
|
Historic Preservation
| ||
|
RA10
|
Rural Agricultural
| ||
|
RC5
|
Rural Countryside
| ||
|
RL5
|
Residential Low Density
| ||
|
RM1
|
Residential Medium Density
| ||
|
NR
|
Neighborhood Residential
| ||
|
VG
|
Village Gateway
| ||
|
Rc-H
|
Rhinecliff Hamlet
| ||
|
Mixed-Use Districts
| |||
|
Rc-HT
|
Rhinecliff Hamlet Transition
| ||
|
Rc-B
|
Rhinecliff Business
| ||
|
Commercial Districts
| |||
|
BP
|
Business Park
| ||
|
Cr-B
|
Crossroads Business
| ||
|
CB-N
|
Community Business - North
| ||
|
CB-S
|
Community Business - South
| ||
|
Gw-N
|
Gateway - North
| ||
|
Gw-E
|
Gateway - East
| ||
|
Gw-S
|
Gateway - South
| ||
|
GB
|
General Business
| ||
|
ORP
|
Office Research Park
| ||
|
Special Purpose Districts
| |||
|
RT
|
Rail Transportation Corridor
| ||
|
UC
|
Utility Corridor
| ||
|
LC
|
Land Conservation
| ||
|
LC-S
|
Land Conservation - Streams
| ||
|
LC-T
|
Land Conservation - Trails
| ||
|
CIV
|
Civic
| ||
|
CIV2
|
Civic 2 District
| ||
|
Overlay Districts
| |||
|
Rc-O
|
Rhinecliff Overlay
| ||
|
Mi-O
|
Mining Overlay
| ||
|
NI-O
|
Neighborhood Infill Overlay
| ||
|
WR-O
|
Water Resources Protection Overlay
| ||
|
FF-O
|
Flood Fringe Overlay
| ||
|
Floating Districts
| |||
|
ASH-F
|
Active Senior Housing - Floating
| ||
|
WH-F
|
Workforce Housing District - Floating
| ||
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
B.
Historic Preservation (HP20). The Historic Preservation (HP20) District recognizes the importance of the community's historic properties, constituting Rhinebeck's portion of the Hudson River National Historic Landmark District, the most prestigious designation of historic resources in the nation. Its significance, in part, relates to the HP20 District's importance in American history and its significance as a landscape that inspired the Hudson River School of Painting, where "America's love of its landscape was born." The HP20 District contains numerous scenic viewsheds of importance and contributing National Register properties, many of which were designated for their nationally significant scenic and landscape qualities. The HP20 District has also been recognized with New York State's Mid-Hudson Historic Shorelands Scenic District designation, the Estates District Scenic Area of Statewide Significance, contains state scenic byways and a coastal zone area and is within the area designated by the federal government as an American Heritage River. It is also within the Hudson River Valley National Heritage Area and the state's Hudson River Valley Greenway. The views from the HP20 District to the west, with the Hudson River and the Catskill Mountains in the distance, are exceptionally desirable and continue to make this area an extremely important asset for Rhinebeck, New York State and the nation. Sensitive handling of all development in this area is crucial to maintaining the estate character that lends so much importance to Rhinebeck's nationally significant historic, environmental and scenic assets. Flexibility in the design of conservation developments is needed to preserve open space, to preserve the rural and historic estates character of the district and to respect the environmental and scenic resources contained there. These unique attributes also requires flexibility of open space ownership to be considered. The HP20 Zoning District has been designated as a sending area for the transfer of development rights to lands within the RA10 and RL5 Zoning Districts. The TDR program promotes preservation of historic resources, farmland, viewsheds and other important community resources (see Article V, § 125-64, for details).
C.
Rural Agricultural (RA10). The Rural Agricultural (RA10) District recognizes the importance of the Hudson River National Historic Landmark District (as described above in the HP20 District) and locations where rural and agricultural lands have historically predominated. In addition to historically significant rural and agricultural lands, the RA10 District contains numerous scenic viewsheds of importance, contributing National Register historic and scenic properties, many of which were designated for their nationally significant scenic and landscape qualities. Portions of the RA10 District have also been designated within the State's Mid-Hudson Historic Shorelands Scenic District, the Estates District Scenic Area of Statewide Significance, and the RA10 District also contains state scenic byways and a coastal zone area and is within the area designated by the federal government as an American Heritage River. It is within the Hudson River Valley National Heritage Area and the state's Hudson River Valley Greenway. Sensitive handling of all development in this area is crucial to maintaining the rural and agricultural character that lends so much importance to Rhinebeck's historic significance. Development should be clustered in a flexible manner to preserve open space, to preserve the rural character of the RA10 District and to respect the environmental, scenic and agricultural resources contained there. These unique attributes also requires flexibility of open space ownership to be considered. The RA10 Zoning District, due to its location adjacent to the Village of Rhinebeck, has also been designated as a receiving area for the transfer of development rights from lands within the RA10 District as well as from lands in the HP20 Zoning District. The TDR program promotes preservation of historic resources, farmland, viewsheds and other important community resources (see Article V, § 125-64, for details).
D.
Rural Countryside (RC5). The Rural Countryside (RC5) District recognizes
the pattern of rural-density development in an area of the Town where
significant environmental constraints are abundant. The purpose of
the RC5 District is to maintain the Town's historic pattern of rural,
forested and agricultural settlements, characterized by large expanses
of open space and unspoiled views from the road, a scattering of residences,
farms, and rural businesses, and clustered development surrounded
by open space. Development should continue to be clustered to preserve
open space, to preserve the rural character of the RC5 District and
to respect the environmental, scenic and agricultural resources contained
there. Flexibility in the design of conservation developments is needed
to preserve open space and the rural and agricultural character of
the district. These unique attributes also requires flexibility of
open space ownership to be considered.
E.
Residential Low Density (RL5). The Residential Low Density (RL5) District recognizes an area of limited rural residential development adjoining the Hamlet of Rhinecliff east of Morton Road. A continuation of residential uses in this area, if appropriately sited, will help preserve the sense of openness in existing scenic and agricultural areas, respecting the environmental sensitivity, aesthetic quality and the original 1863 hamlet subdivision plan. Conservation subdivision design is an appropriate method of addressing development in this district. The RL5 Zoning District, due to its location close to the Hamlet of Rhinecliff, has also been designated as a small-scale receiving area for the transfer of development rights from lands within the HP20 and RA10 Zoning Districts. The TDR program promotes preservation of historic resources, farmland, viewsheds and other important community resources (see Article V, § 125-64, for details).
F.
Residential Medium Density (RM1). The Residential Medium Density
(RM1) District represents most of the existing developed areas between
the Village of Rhinebeck and the Hamlet of Rhinecliff along Rhinecliff
Road. The RM1 District is intended to allow a continuation of more
concentrated, medium-density residential development near the Village
of Rhinebeck and where served by municipal central water and potentially
common sewage facilities. If adequate land exists, development should
be clustered using the conservation subdivision design process to
preserve significant open spaces and foster pedestrian and bikeway
linkages between residential neighborhoods and the business, service
and recreational facilities located in the village and hamlet centers.
G.
Neighborhood Residential (NR). The purpose of the Neighborhood Residential
(NR) District is to continue to provide land for manufactured homes
for permanent residents, thereby ensuring there can continue to be
a diversity of housing types in the community. Maintaining a density
of one dwelling per 6,000 square feet of land area is appropriate
in the two locations where manufactured homes are found. The NR District
on Route 9 should eventually link to the Community Business - South
District on Route 9 through pedestrian and bicycle facilities only.
H.
Village Gateway (VG). The purpose of the Village Gateway (VG) District is to allow for the development of residential neighborhoods within walking distance of the village where central water and sewer services are potentially available. This district is designed to provide a diversity of housing types in the community and to promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. The district adjoins the northern gateway to the village on Route 9 and the western gateway to the village on Rhinecliff Road and Astor Drive where it is appropriate for compact village-like development at a density of one dwelling per 6,000 square feet of land area. Development in this district shall be guided by the design standards and guidelines in Article VIII for planned conservation neighborhoods.
I.
Rhinecliff Hamlet (Rc-H). The Rhinecliff Hamlet (Rc-H) District recognizes
Rhinecliff's importance as a mid-19th Century planned traditional
neighborhood in the Town of Rhinebeck. Containing over 100 historic
structures, Rhinecliff is a small center for civic life, culture and
limited commercial activity. While Rhinecliff has some limited potential
for growth, its historic character must always be preserved and protected.
The hamlet's unique qualities of architectural design and scale demand
that new development be in harmony with existing development, preserve
the pedestrian character of the Hamlet, improve its visual character,
protect residential uses and enhance the hamlet as a secondary cultural
center for the Town.
J.
Rhinecliff - Hamlet Transition (Rc-HT). The Rhinecliff Hamlet Transition
(Rc-HT) District applies to property that has the potential to be
adaptively reused for low-intensity mixed uses as a transition between
the Rhinecliff Business and Rhinecliff Hamlet Districts. To maintain
and protect the small-scale historic residential quality of this property,
adaptive reuse is allowed, subject to conditions designed to protect
the residential quality of the structures and those contiguous thereto,
by retaining, strengthening, and enhancing their residential characteristics
and ensuring that new low-intensity business uses respect the continuing
residential uses.
K.
Rhinecliff - Business (Rc-B). The Rhinecliff Business (Rc-B) District
is intended to allow small-scale commercial uses to serve the local
needs of the Rhinecliff Hamlet. Careful review of both site and architectural
elements is intended in this and other commercial districts to enhance
the overall quality of site development and to promote architectural
design that is compatible with the overall historic character of the
hamlet.
L.
Business Park (BP). The Business Park (BP) District is intended to
provide an area for orderly, attractive development of business clusters
serving community needs in a manner which will not be detrimental
to the surrounding residential areas. These clusters are to be accessed
by a limited number of curb cuts along NYS Route 9G in order to minimize
conflicts with through traffic and conserve the capacity of the roadway,
where feasible, while avoiding environmental impacts. Curb cuts are
to be minimized by encouraging vehicular linkages between establishments.
Careful review of both site and architectural elements is needed in
this and other commercial districts to enhance the overall quality
of site development and promote architectural design that is compatible
with the overall historic character of the Village and Town of Rhinebeck.
M.
Crossroads Business (Cr-B). The Crossroads Business (Cr-B) District
is intended to allow traditional small-scale business offices, cultural
and farm-related retail uses at one of the busiest intersections in
the community and that provide local neighborhoods with needed and
desirable convenience goods and services in a manner which will not
be detrimental to the surrounding residential areas. The Crossroads
Business District is a major gateway to the rural Town and village
where sensitive design of permitted and specially permitted uses is
required. The uses permitted in this zone shall be limited to those
which will primarily serve the local neighborhood, are consistent
with the purposes for which this district was designed and do not
detract from its uniqueness or contribute to a nationwide trend of
standardized offerings. As the Cr-B District develops, new, expanded
or redeveloped uses should enhance the quality of the built environment
and promote architectural designs compatible with the rural, scenic,
historic, and natural character of the community and should be consistent
with a future roundabout at this intersection.
N.
Community Business - North (CB-N). The Community Business - North
(CB-N) District is intended to provide attractive development of business
activities that serve community needs. Careful review of both site
and architectural elements is intended in this and other commercial
districts to enhance the overall quality of site development and promote
architectural design that is compatible with the overall historic
character of the Village and Town of Rhinebeck.
O.
Community Business - South (CB-S). The Community Business - South (CB-S) District is intended to provide a place for attractive development of business activities that serve community needs and that provide local neighborhoods with needed and desirable convenience goods and services in a manner which will not be detrimental to the surrounding residential areas. The uses permitted in this zone shall be limited to those which will primarily serve the local neighborhood, are consistent with the purposes for which this district was designed and do not detract from its uniqueness or contributes to a nationwide trend of standardized offerings and are an appropriate size for the community. The district is also intended to provide for limited infill development, in accordance with Greenway Connections Guide C1: Commercial Strip Redevelopment. Density bonuses are available for infill developments that adhere to the standards and guidelines found in Article VIII. A limited number of curb cuts along NYS Route 9 are encouraged to minimize conflicts with through traffic and conserve the capacity of the roadway, while providing linkages between business establishments on adjacent parcels. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck.
P.
Gateway - South (Gw-S). The Gateway - South (Gw-S) District is intended
to allow a place for small-scale professional, administrative and
related office uses at the southern gateway to the village and Town.
Restrictions on building height and lot coverage, coupled with careful
review of both site and architectural elements, are intended to promote
a scale and quality of development compatible with the rural and historic
character of the community.
Q.
Gateway - East (Gw-E). The Gateway - East (Gw-E) District is intended
to provide a place for small-scale retail farm and related uses at
the eastern gateway to the village and Town. Restrictions on building
height and lot coverage, coupled with careful review of both site
and architectural elements is intended to promote a scale and quality
of development compatible with the rural and historic character of
the community.
R.
Gateway - North (Gw-N). The Gateway - North (Gw-N) District is intended
to provide a place for small-scale professional, administrative office
and hospitality uses at the northern gateway to the Town of Rhinebeck.
Restrictions on building height, setbacks and lot coverage, and minimizing
access to Route 9G while providing linkages between business establishments
on adjacent parcels are required through unified site design and careful
review of both site and architectural elements. This district is intended
to promote a scale and quality of new development architecturally
compatible with the rural and historic character of the community.
S.
General Business (GB). The General Business (GB) District is intended
to provide a place for small-scale, local commercial uses on NYS Route
9 adjacent to the Village of Rhinebeck. Careful review of both site
and architectural elements is intended in this and other commercial
districts to enhance the overall quality of site development and promote
architectural design that is compatible with the overall historic
character of the Village and Town of Rhinebeck.
T.
Office Research Park (ORP). The Office Research Park (ORP) District
is intended to provide a place for orderly, attractive development
of office, commercial and light manufacturing uses along NYS Route
9G to increase tax base and employment opportunities within the Town.
Large setbacks and a minimum of curb cuts shall be maintained in order
to conserve scenic views and the capacity of Route 9G. Access to parcels
shall be taken from Route 9G and a shared entrance shall be utilized
unless deemed not feasible or safe as required by this Code. The concept
of a feeder or service road shall be encouraged to carry out this
objective while providing linkages between business establishments
on adjacent parcels. Site plan controls, large setbacks, and extensive
landscape requirements are intended to buffer adjoining residential
properties. Careful review of both site and architectural elements
is intended in this and other commercial districts to enhance the
overall quality of site development and promote architectural design
that is compatible with the overall historic character of the Village
and Town of Rhinebeck.
[Amended 6-13-2022 by L.L. No. 2-2022]
U.
Rail Transportation Corridor (RT). The Rail Transportation Corridor
(RT) District applies to the lands occupied by the CSX corridor along
the Hudson River. The Rail Transportation Corridor serves a local
transit function but also carries international rail traffic. The
scenic importance of the corridor, its potential for providing access
and recreation on the Hudson River, and its prominent location in
the Town's "front-yard" must never be altered to the detriment of
the community.
V.
Utility Corridor (UC). The Utility Corridor (UC) District applies
to the lands occupied by Central Hudson's high-voltage electric transmission
corridor through the Town. Some areas of the UC District are coincident
with the LC-T District encompassing the Hucklebush rail right-of-way
and other trail opportunities.
W.
Land Conservation (LC). The Land Conservation (LC) District is intended
to provide for conservation of natural and cultural resources, open
space, agriculture, forestry and limited recreational use of the Town's
most ecologically sensitive lands, including those most closely related
to the principal watercourses and wetlands throughout the Town. The
LC District also includes lands protected by conservation easements,
dedicated to public use and enjoyment of the natural scenic qualities
of lands, and those parcels dedicated to recreational or conservation
and conservation-related uses.
X.
Land Conservation - Streams (LC-S). The Land Conservation - Streams
(LC-S) District is intended to provide for conservation of water resources,
which represent some of the most sensitive environmental features
found in the Town.
Y.
Land Conservation - Trails (LC-T). The Land Conservation - Trails
(LC-T) District is intended to provide for conservation, open space
and eventual public recreational use of the former Hucklebush rail
corridor as shown on the Zoning Map. The Hucklebush rail corridor
has been recommended as a multi-use trail corridor for over 30 years
by the Town of Rhinebeck and is recommended as a trail corridor on
the New York State Greenway Trails Plan. Development proposals should
include reservation of the rail corridor area for future trail and
open space use, but such proposals shall not be penalized for reserving
the rail corridor acreage when calculating density. If public access
or recreational use is not feasible on an individual parcel of land
when development proposals are approved, then such proposals should
include reservation of these lands for future conservation and open
space use.
Z.
Civic (CIV). The purpose of the Civic (CIV) District is to recognize
the value and contributions that existing civic, municipal and municipally
sponsored uses make to life in the Town by permanent designation of
their locations. Municipal and municipally sponsored uses may include
the potential for affordable housing and other civic uses that enhance
the community. All civic uses must conform to the zoning requirements,
which include government buildings and other facilities.
Z.1.
Civic 2 (CIV2). The Civic 2 District delineates those lands
where communications facilities and towers and solar energy installations
of substantial benefit to the Town and its environs may be sited as
principal uses in addition to the siting of those uses permitted by
either right or special use permit within the Civic (CIV) District.
[Added 4-18-2017 by L.L.
No. 1-2017]
AA.
Rhinecliff Overlay (Rc-O). The Rhinecliff Overlay (Rc-O) District
delineates an historic area that has grown with unique characteristics,
creating a special identity for the entire Hamlet of Rhinecliff. The
Rc-O District is intended to preserve the integrity of the hamlet
through zoning requirements designed to protect its unique qualities.
It is also intended that such zoning requirements regulate development
and redevelopment, architectural design and scale, landscaping, streets
and streetscapes, scenic views, signage, transportation and historic
preservation. The Rc-O District is intended to encourage the continuation
of uses that are in harmony with the small scale of the hamlet and
the surrounding area (especially its unpretentious homes), to preserve
and enhance the pedestrian character of the hamlet, to improve its
visual character, protect residential uses and enhance the Hamlet
as a secondary cultural center for the Town.
BB.
Neighborhood Infill Overlay (NI-O). The Neighborhood Infill Overlay
(NI-O) District is intended to provide additional development in existing
hamlet areas in the Town. Its purpose is to allow for more compact
development than permitted within the underlying zoning district,
on more traditional smaller lots of one acre, provided water and sewer
services can be accommodated. The area and bulk regulations for the
RM1 District, as shown in Article IV's District Schedule of Area and
Bulk Regulations, shall apply to lots within the NI-O District.
CC.
Mining Overlay (Mi-O). The Mining Overlay (Mi-O) District delineates
the areas within the Town of Rhinebeck where extractive operations
and soil mining are allowed through special use permits, provided
all requisite permits are obtained from the New York State Department
of Environmental Conservation and the Town of Rhinebeck to conduct
such activities.
DD.
Water Resources Protection Overlay (WR-O). The Town of Rhinebeck deems the protection of its surface water and groundwater resources to be an important public purpose and finds that, to the extent practicable, future development of the Town should minimize alteration of, or construction within, these significant environmental resource areas. In furtherance of this objective, the Water Resources Protection Overlay (WR-O) District is established on the Town's Zoning District Map to define the location of these water resources and to provide for their protection in the manner set forth in Article V, § 125-54, of this chapter.
EE.
Flood Fringe Overlay (FF-O). The Flood Fringe Overlay (FF-O) District
encompasses those lands designated by the Federal Emergency Management
Agency (FEMA) as a floodplain area with special flood hazards that
has a one-percent chance of a flood occurring during any given year.
FF.
Active Senior Housing - Floating (ASH-F). The purpose of the Active Senior Housing - Floating (ASH-F) District is to enable the Town Board to permit, on a case-by-case basis, senior housing that satisfies the need for housing developments, located and designed to meet the special needs and habits of senior citizens, in locations where it will fully integrate with surrounding land uses. Senior housing can contribute to the dignity, independence and meaningful activity of senior citizens in their retirement years. It is recognized that housing for the elderly, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the occupants of such developments and to the Town at large. Senior citizens have different needs from the population as a whole. These needs often include support services, such as central food service, social services and referral consultation, medical services, housekeeping assistance and central laundry. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when a private residence is no longer appropriate. Senior housing developments can be integrated into existing residential neighborhoods if properly planned, constructed and maintained, but such developments shall never be separated from the community through the use of "gates" or "gatehouses." A senior housing development that blends into the existing fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole. The ASH-F provisions are contained in Article VI, § 125-68KK, but these provisions cannot be invoked unless a Zoning Map amendment has been approved in accordance with Article XII of this chapter.
GG.
Workforce Housing District - Floating (WH-F). A zoning district established for the purpose of fostering the Town's overall affordable housing objectives as set forth within the Town Comprehensive Plan and intended to be mapped on a site-specific basis by the Town Board in the Village Gateway (VG) District as a Workforce Housing (WH) District to enable development of a specific project meeting the affordable housing objectives and standards set forth within § 125-63 of this chapter. The application and review procedures to be followed by the Town Board in considering the establishment of a project-specific Workforce Housing (WH) District through reclassification of certain lands now classified within the Village Gateway (VG) District are set forth within § 125-64.4 of this chapter.
[Added 6-10-2019 by L.L.
No. 2-2019]
The location and boundaries of said districts are shown on the
Zoning Districts Map, Town of Rhinebeck, including a map showing greater
detail for the zoning district boundaries in the Hamlet of Rhinecliff
and the locations of special overlay districts on the Water Resources
Protection Overlay (WR-O) District map. Said maps, together with all
explanatory matter thereon and all amendments thereto, is hereby adopted
and is declared to be an appurtenant part of the Zoning Law. Said
maps shall be kept up-to-date and shall be located in the Town Clerk's
office at Town Hall for the use and benefit of the public. Certified
copies of said maps shall also be on file in the offices of the Planning
Board and the Town Zoning Enforcement Officer at Town Hall. For convenience,
reduced-scale maps can be found at the end of this chapter. Persons
using this chapter and its reduced-scale maps are on notice to verify
any amendments that may have been made to the official and certified
maps on file in Town Hall.
Where uncertainty exists with respect to the boundaries of any
of the aforesaid zoning districts, as shown on the Zoning District
Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center lines or right-of-way lines of streets, highways, public
utility easements, or watercourses, said boundaries shall be construed
to be coincident with such lines. Such boundaries shall be deemed
to be automatically adjusted if a center line or right-of-way line
of such street, highway, public utility, or watercourse is moved a
maximum distance of 50 feet by action of a person other than the owner
of the affected land area.
B.
Where district boundaries are indicated as approximately following
the Town or village boundary line, property lines or projections thereof,
said boundaries shall be construed to be coincident with such lines
or projections thereof.
C.
Where district boundaries are so indicated that they are approximately
parallel to the Town or village boundary line, property lines, lot
lines, right-of-way lines, or projections thereof, said boundaries
shall be construed as being parallel thereto and at such distances
therefrom as indicated on the Zoning District Map or as shall be determined
by use of the scale shown on said map.
D.
Where a district boundary line divides a single lot of record in
single or joint ownership at the time such line is established, the
regulations for the less restricted portion of such lot may, at the
owner's discretion and, with the exception of the Flood Fringe Overlay
(FF-O), Land Conservation (LC), Land Conservation - Streams (LC-S),
Land Conservation - Trails (LC-T), and Water Resources Protection
Overlay (WR-O) Districts, extend not more than 35 feet into the more
restricted portion, provided the lot has street or highway frontage
in the less restricted district.
[Amended 7-25-2016 by L.L. No. 5-2016]
E.
For the purposes of this section, the "more restricted portion" shall
be deemed that district subject to regulations which:
F.
In all other cases, where dimensions are not shown on the Zoning
District Map, the location of the boundaries shown on said map shall
be determined by use of the scale appearing thereon.
The boundary of the Flood Fringe Overlay (FF-O) District is
established herein, as delineated on the most current edition of the
appropriate National Flood Insurance Program maps as issued for the
Town of Rhinebeck by the Federal Emergency Management Agency (FEMA).
Such areas are illustrated on the WR-O Districts Map. Any revisions,
amendments or successors thereto by FEMA, are hereby adopted and made
a part of this chapter because floodplains naturally change over time
and, to remain accurate, are updated regularly by the federal government.
The latest edition of said maps shall be kept on file in the offices
of the Town Clerk and the Town Code Enforcement Officer for the use
and benefit of the public. The most up-to-date maps are also available
directly from FEMA on the Internet at www.fema.gov. Persons using
the reduced-scale WR-O District Map are on notice to verify any amendments
that may have been made to the official and certified maps on file
in Town Hall or by contacting FEMA directly.
Except as hereinafter otherwise provided:
A.
No building, structure or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be erected,
moved, altered, reconstructed or enlarged for any purpose except in
conformance with the regulations herein specified for the district
in which it is located.
B.
No part of a yard or other open space required in connection with
any building or use shall be included as part of a yard or other open
space similarly required for another building.
C.
No yard or lot existing at the time of the passage of this chapter
shall be reduced in size or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet the minimum requirements established by this chapter,
with such lots established in full accordance with the requirements
of the Town's Land Subdivision Regulations[1] and other land use controls.
D.
No off-street parking or loading space required for one building
or use shall be included as meeting, in whole or in part, the off-street
parking or loading space required for another building or use except
as otherwise provided for in this chapter.
E.
No off-street parking or loading space shall be so reduced in area
that it does not meet the minimum requirements of this chapter.
F.
Except as otherwise provided by this chapter, there shall be no more
than one principal building or use and its accessory structures or
uses on any one lot within any residential district. This limitation,
however, shall not be construed to prohibit the conduct of agriculture,
conservation or forestry use in combination with another permitted
building or use and its accessory structures or uses on any lot within
any residential district except the Neighborhood Residential (NR),
Village Gateway (VG) and Rhinecliff Hamlet (Rc-H) Districts.
[Amended 7-25-2016 by L.L. No. 5-2016]
G.
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 special provision is made therefor.
H.
The existing front, side and rear yards adjoining existing structures built prior to December 2009, one or more of which may be less in depth than the minimum setback set forth with Article IV, Area and Bulk Regulations, and therefore noncomplying, shall be considered grandfathered under this chapter. Additions or other improvements to such structures that may be proposed shall be authorized without requirement for area variance, provided that the addition or other improvement is no nearer any property line than the existing structure.
[Added 3-12-2018 by L.L.
No. 2-2018[2]]
[2]
Editor's Note: This local law also redesignated former Subsection
H as Subsection I.
I.
Unless stated otherwise, within each district, the requirements set
forth by this chapter shall be considered minimum regulations and
shall apply uniformly to each kind of building, structure or land.
