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:
(1) Prohibit the use intended to be made of said lot; or
(2) Require higher standards with respect to density, setbacks, coverage,
yards, screening, landscaping, lighting, signage and similar requirements.
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 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]
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.