A.
The general area and bulk regulations in each zoning district are set forth in the tabular District Schedule of Area and Bulk Regulations at the end of this chapter. The schedule is supplemented, as appropriate, by other provisions of this chapter, including the supplementary regulations found in Article V and the general and additional specific standards for certain special permit uses required by Article VI, §§ 125-67 and 125-68, of this chapter.
B.
All Town and Village of Rhinebeck uses within the unincorporated areas of the Town shall conform to the District Schedule of Area and Bulk Regulations to the greatest extent practicable. Similarly, all other public agency uses shall consider the Town of Rhinebeck Comprehensive Plan, the Town of Rhinebeck Local Waterfront Revitalization Program, and should consider the District Schedule of Area and Bulk Regulations in planning their capital projects within the Town of Rhinebeck. In consideration of whether other public agency uses must comply with or are exempt from the Town's area and bulk regulations, the Town agency reviewing the project shall endeavor to work with the public agency to weigh the factors enumerated in Article III, § 125-20, D(1) through (10), of this chapter.
A.
Existing lots of record. A building or structure may be erected as either a permitted use or special permitted use as may be applicable on any existing lot of record which, as defined in Article XIII of this chapter, does not conform to the lot area, lot width and/or lot frontage requirements of the District Schedule of Area and Bulk Regulations, provided that:
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
Section 265-a of the New York State Town Law is complied with if
applicable to the specific lot.
(2)
Such lot may not be used for more than one dwelling unit and its associated accessory structures unless specifically authorized under this chapter, including accessory dwelling units, guest and caretakers houses and other ancillary and related dwellings created under the special use permit requirements of Article VI of this chapter.
(3)
Such use shall satisfy all applicable requirements of the Town of
Rhinebeck, Dutchess County, and the New York State Departments of
Health and Environmental Conservation for potable water supply and
sewage disposal facilities.
(4)
All other area and bulk regulations and other applicable provisions
of the Town Code are complied with.
(5)
Such lot was lawfully in existence on the effective date of this
chapter.
B.
Existing lots of record. An "existing lot of record," as that term is defined in Article XIII of this chapter, in the Town's RC5 District, which consists of fewer than 10 acres, but is at least six acres in area, may be subdivided, on a one-time basis, as follows:
(1)
The lot may be subdivided into no more than two lots.
(2)
The minimum lot area, width and frontage for each lot shall be three
acres.
[Amended 7-25-2016 by L.L. No. 5-2016]
(3)
Both lots shall meet the requirements of the Dutchess County Department
of Health for installation of a well and septic system.
(4)
The lots shall comply with the bulk requirements as prescribed in the Article IV of this chapter.[1] If a lot cannot comply with one or more of the bulk requirements,
approval shall be obtained from the Zoning Board of Appeals for an
area variance from the requirement(s).
[1]
Editor's Note: See the Schedule of Bulk Regulations included as an attachment to this chapter.
(5)
Applicants shall be required to obtain subdivision approval from
the Planning Board, but the conservation subdivision provisions and
special permit requirements of the Zoning Law, as applied to subdivision
approval, shall not be required.
A.
In all districts where residences are permitted, lots may only be
improved for residential use in accordance with the density requirements,
as defined herein, and other applicable bulk regulations for the district
as set forth in the District Schedule of Area and Bulk Regulations[1] and for conservation subdivisions in Article V, § 125-43, of this chapter. In the HP20, RA10, ASH-F, and VG Districts, gross density shall be employed for the purpose of calculating maximum density. In all other districts where residences are permitted, net density shall be employed for the purpose of calculating maximum density.
[1]
Editor's Note: The Schedules of Area Regulations and Bulk Regulations are included as attachments to this chapter.
B.
In accordance with § 261-b of New York State Town Law,
in the HP20, RA10, RC5, RL5, RM1, VG, and CB-S Zoning Districts, the
Town Board has determined that it is appropriate to offer density
bonuses to applicants in exchange for the provision of community benefits
and amenities (such as adaptive reuse of historic structures, the
provision of affordable housing and compact development consistent
with the neighborhood design standards and guidelines). The Town Board
has evaluated the effects of such bonuses by reviewing whether the
specified zoning districts contained adequate resources, environmental
quality and public facilities, including adequate transportation,
water supply, waste disposal and fire protection in its Generic Environmental
Impact Statement (GEIS) of the Zoning Law completed in 2009. On the
basis of such GEIS, the Town Board determined that there will be no
significant environmentally damaging consequences and that such bonuses
are compatible with the development otherwise permitted. In accordance
with § 277 of New York State Town Law, lots in a conventional
subdivision shall at least comply with the requirements of the District
Schedule of Area and Bulk Regulations. The Planning Board has the
authority to impose higher planning and design standards than otherwise
provided for lots in a conventional subdivision, when there exists
good reason in the nature of the land, including but not limited to
topography, location, shape, size, drainage, surface water and groundwater
resources, and other physical features of the site as well as the
character of the surrounding community.
C.
Exceptions to the maximum density per dwelling unit are as follows:
(3)
More specifically, if two or more principal residential structures
or dwelling units are located or proposed to be located on the same
lot, except for accessory dwellings, guest houses or a residential
conversion authorized under this chapter by special use permit, the
following shall apply:
(a)
The maximum density per dwelling unit requirement must be complied
with.
(b)
All other requirements of this chapter and other applicable
laws, rules and regulations must be strictly met.
(c)
A residential lot of required or greater-than-required area
as set forth in this chapter shall not be reduced in area for transfer
of ownership if such lot so divided will form two or more lots, any
of which shall be less than the maximum density required for the district
in which the lot or lots are situated.
(4)
In the Neighborhood Infill Overlay (NI-O) District, the District
Schedule of Area and Bulk Regulations for the RM1 District shall be
used to calculate maximum density per dwelling unit.
[Amended 5-22-2017 by L.L. No. 2-2017]
The height limitations set forth in the District Schedule of
Area and Bulk Regulations[1] shall be applicable to principal and accessory buildings
and structures. Building elements, such as roof air conditioners or
elevator shafts that have the potential to detract from the aesthetics
of the building's architecture, should be designed to appear as if
they are an integral architectural element of the structure. No structure,
or other exception, shall be used as a place for habitation or for
signage not otherwise authorized by this chapter. The height limitations
shall not be applicable to the following:
B.
Spires, belfries, chimneys, cupolas, skylights, water or cooling
towers, parapets or railings, elevators, stair bulkheads, air-conditioning
units or similar small-scale structures, that are not to be used for
human occupancy, which in their aggregate coverage occupy no more
than 10% of the roof area of the building of which they are an integral
architectural or mechanical element. Such features shall be erected
only to such minimum height as is necessary to accomplish the purpose
for which they are intended and shall not detract from the visual
appearance of the structure as determined by the Planning Board.
[1]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
A.
Required front yards. On a corner lot, each street frontage shall
be deemed to be a front street line, and the required yard along each
such lot line shall be a required front yard. However, the above notwithstanding,
for purposes of this chapter, no lot shall be interpreted to have
more than two front yards regardless of how such lot is located or
configured. The Code Enforcement Officer, in consultation with the
owner, shall establish which of the remaining yards shall be the required
side yard and the required rear yard for purposes of this chapter.
B.
Obstructions at street intersections. For traffic safety purposes,
at all street intersections, no obstructions to vision such as a fence,
gate, wall, hedge, structure or planting over three feet higher than
the center line of the street, as measured above the curb level, if
any, or above the existing road level, shall be erected or installed
and maintained.
The following architectural features of a building may extend
into a required yard subject to the limitations provided herein:
A.
Ordinary projections of window sills, belt courses, cornices, eaves
and other architectural features; provided, however, that such features
shall not project more than three feet into any required yard;
B.
Chimneys or pilasters;
C.
Open arbor or trellis;
D.
Unroofed steps, patio or terrace not less than 20 feet from the highway
right-of-way nor less than 10 feet from any side or rear lot line,
provided that the building complies with the yard requirements of
this chapter and that no objectionable or offensive lighting inhibits
the reasonable enjoyment of neighboring properties;
E.
Awning or movable canopy not to exceed 10 feet in height, nor projecting
more than six feet into any required yard; and
F.
Required exterior fire stairways on the side or rear of a building
and extending not more than eight feet from the principal building
or closer than five feet to any lot line.
G.
Bay windows, including their cornices and eaves, may project into
any required yard not more than three feet; provided, however, that
the sum of such projections on any wall does not exceed 1/3 of the
length of said wall.
H.
Ramps, lifts and similar improvements required to provide access
for handicapped or otherwise disabled persons and/or compliance with
the Americans with Disabilities Act (ADA).
[Added 3-12-2018 by L.L.
No. 2-2018]
A.
Except for structures used for agricultural purposes when conducted using sound agricultural practices as defined by the New York State Department of Agriculture and Markets, or for bona fide works of art, such as sculptures, the following limitations shall apply to all accessory structures as defined in Article XIII of this chapter:
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
No such structure shall exceed 20 feet in height in any residential
district.
(2)
Except for solar collectors regulated as to location within Article V, § 125-47D(9) of this chapter, no structure shall be set back from any lot line less than the greatest of the minimum setbacks determined upon application of the following criteria:
(3)
Except for agricultural structures, guest cottages or caretaker’s
dwellings, no such structure shall either project closer to the fronting
street than the principal building on the lot or be located within
a required front yard. A guest cottage or caretaker’s dwelling
must, however, meet the minimum setback requirements for the zoning
district.
(4)
In all zoning districts except HP20 and RA10, all roofed or otherwise
enclosed accessory structures, except for agricultural buildings,
shall in the aggregate comprise not more floor area than the principal
dwelling on the lot or 1,500 square feet, whichever is the more restrictive.
Within the HP20 and RA10 Districts the aggregate of such structures
shall not exceed the general rule of 1,500 square feet or 300 square
feet per acre or part thereof of lot or parcel area, whichever is
the less restrictive.
(5)
All such roofed or otherwise enclosed structures in the aggregate
shall not occupy more than 20% or more than 1,000 square feet of any
required yard.
(6)
In addition, the aggregate of both roofed and nonroofed structures,
such as swimming pools, may not exceed more than 40% of any required
yard.
(7)
Not more than three roofed or otherwise enclosed accessory structures, other than agricultural buildings and those structures less than 50 square feet in floor area or structure footprint, of which not more than one accessory structure shall be a private garage detached from the dwelling, shall be permitted on an individual lot in a residential district. In the event the lot exceeds 10 acres, additional accessory structures may be sited if a special use permit is granted by the Planning Board in accordance with Article VI of this chapter.
B.
A single portable accessory building with a maximum floor area of
80 square feet may be installed or constructed and used on any lot
without the issuance of a building permit or certificate of occupancy,
provided that:
(1)
The structure does not have a permanent foundation.
(2)
The structure is not served by any utility such as electricity, gas
or plumbing.
(3)
The structure does not exceed 10 feet in height.
(4)
The structure is never used for human habitation.
(5)
All other requirements of this chapter related to accessory structures
are fully met.
D.
A play
structure with a maximum floor area of 60 square feet may be installed
or constructed and used on any lot without the issuance of a building
permit or certificate of occupancy, provided that:
[Added 11-9-2020 by L.L. No. 3-2020]
(1)
The
play structure does not have a permanent foundation.
(2)
The
play structure is not served by any utility such as electricity, gas
or plumbing.
(3)
The
play structure does not exceed 10 feet in height from floor or platform
to top of roof, including all support elements.
(4)
The
maximum height of the floor or platform shall not exceed 14 feet above
ground level.
(5)
For
tree houses, the tree(s) shall be wholly contained within the lot
containing the principal residence and the tree house shall be solely
and entirely supported by a tree or trees.
(6)
The
play structure is never used for human habitation.
(7)
All
other requirements of this chapter related to accessory structures
are fully met.
Except for agricultural structures, where more than one principal
building may be permitted on a lot, no detached principal building
shall be located closer to any other principal building on the same
lot than the height of the taller of said buildings.
On streets, roads or highways with less than a fifty-foot right-of-way
or which are considered user highways, the front setback shall be
measured perpendicularly from the center line of the existing street,
road or highway with 25 feet added to the required front yard setback
to establish the building line (i.e., 25 feet + x feet = Building
Line; where x feet = the minimum building setback for the front yard
of a lot). For example, in the RC5 Zoning District, where the required
front yard setback is 100 feet, the building line would be 100 feet
+ 25 feet = 125 feet as the minimum front yard setback.
In its review and approval of a conventional subdivision plat
in accordance with § 276 of the Town Law, the Land Subdivision
Regulations of the Town of Rhinebeck,[1] the special use permit requirements of Section VI of this
chapter, and where lots are being platted exclusively for residential
use, the Planning Board may, and shall be authorized to, permit the
following exceptions to the minimum lot width and minimum lot frontage
requirements set forth in the District Schedule of Area and Bulk Regulations.[2]
A.
In the case of any proposed lot with not less than 75% of its frontage
on the circumference of the turnaround of a permanent cul-de-sac to
be installed within the subdivision, the following reduced minimum
requirements in the respective districts may be applied for creation
of a conforming lot:
(1)
In the Historic Preservation (HP20) District, minimum lot frontage
of 500 feet and minimum lot width of 500 feet.
(2)
In the Rural Agricultural (RA10) District, minimum lot frontage of
400 feet and minimum lot width of 400 feet.
(3)
In the Rural Countryside (RC5) District, minimum lot frontage of
160 feet and minimum lot width of 240 feet.
(4)
In the Residential Low Density (RL5) District, minimum lot frontage
of 160 feet and minimum lot width of 240 feet.
(5)
In the Residential Medium Density (RM1) District, minimum lot frontage
of 90 feet and minimum lot width of 120 feet.
B.
"Flag lots" in conventional subdivisions and as defined in Article XIII of this chapter may be authorized as conforming lots within the HP20 and RA10 Zoning Districts. In a limited number of occurrences in all other residential zoning districts, except the Village Gateway and Rc-H Districts, where the Planning Board finds it to be essential to permit reasonable use of the subdivision tract without adverse environmental impact or in contravention of the public health, safety and welfare, flag lots may be authorized as conforming lots, provided that the guidelines set forth in Subsection B(1) through (4) below are considered. The Planning Board, before authorizing a flag lot or lots in a subdivision, should consider the uniqueness of the property, owing to topography, remoteness of location, protection of open space, biodiversity resources, surface water resources, and viewsheds:
(1)
The number of flag lots authorized on any subdivision plat should
be related to the total number of lots shown on the final plat and
should not exceed one flag lot for every six lots unless the Planning
Board determines it is appropriate to do so based upon the nature
of the land, including but not limited to topography, location, shape,
size, drainage, surface water and groundwater resources, and other
physical features of the site as well as the character of the surrounding
community.
(2)
Any authorized flag lot shall have a minimum lot frontage of 40 feet
and, if contiguous to another lot with less than the minimum frontage
prescribed in the District Schedule of Area and Bulk Regulations,[3] share a common access point and driveway with such adjacent
lot.
[3]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(3)
Any authorized flag lot shall have not less than the minimum lot
width specified for the zoning district at the building line established
on the subdivision plat, rather than at the minimum required front
setback line, as otherwise required by this chapter. The building
line so established may not be less than 100 feet in the HP20, RA10
and RC5 Districts, 75 feet in the RL5 District and 50 feet in the
RM1 District further from the lot frontage than the line at which
the minimum lot width specified for the zoning district is first achieved.
(4)
Any authorized flag lot shall satisfy the minimum lot area requirement
specified for the zoning district by consideration of only that land
which lies further from the lot frontage than the line at which the
minimum lot width specified in the District Schedule of Area and Bulk
Regulations for the zoning district is first achieved.
[2]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
Where the side or rear yard of a lot abuts a side or rear yard
of a lot in a more restricted zoning district, there shall be provided
along both sides of such abutting lot line or lines side or rear yards
equal to those required in the more restricted zoning district.
No more than 25% of the required minimum lot area in a conventional subdivision, for any lot in any district, may be fulfilled by land which is included within a designated wetland, as delineated by the New York State Department of Environmental Conservation, regulated by the United States Army Corps of Engineers and/or the Town of Rhinebeck, which lies under water, or which is subject to periodic flooding under conditions of a one-hundred-year flood, as delineated by the FF-O District. When calculating the dimensional standards to be applied in a conservation subdivision, no more than 25% of the house lot area may be fulfilled by land which is included within a designated wetland, as delineated by the New York State Department of Environmental Conservation, regulated by the United States Army Corps of Engineers and/or the Town of Rhinebeck, which lies under water, or which is subject to periodic flooding under conditions of a one-hundred-year flood, as delineated by the FF-O District. All minimum front, side and rear yard requirements must be satisfied by measurement wholly on dry land, except that, for purposes of this section, land which is covered by an isolated pond not exceeding 150 square feet in surface area at normal high water level shall not be considered as being under water. Chapter 120 of the Town Code, the Town of Rhinebeck Freshwater Wetlands Law, also imposes additional requirements and may require issuance of a wetlands permit by the Town Planning Board. Applicants for development should consult Chapter 120 and, as applicable, state and federal agency requirements, to obtain a complete understanding of the regulations in place on sites containing freshwater wetlands.
A.
The scenic beauty of Rhinebeck and its surroundings is exceptionally
desirable and is an extremely important asset for Rhinebeck, New York
State and the nation. As a result of the presence of these assets,
Rhinebeck has received numerous designations by federal and state
agencies, including the Hudson River National Historic Landmark District,
State and National Registers of Historic Places properties, New York
State's Mid-Hudson Historic Shorelands Scenic District, the Estates
District Scenic Area of Statewide Significance, state scenic byways,
and a coastal zone area. Sensitive planning of all development in
this area is crucial to maintaining the rural and scenic character
that lends so much importance to Rhinebeck's nationally significant
environmental assets. In furtherance of protecting such scenic and
rural quality, the Town of Rhinebeck requires the protection of roadside
buffers that equal at least 10% of the depth of a parcel proposed
for subdivision, when located on lots having frontage within designated
scenic roads or on lots with frontage on any of the aforementioned
designated scenic and other areas.
B.
Minimum roadside buffers are required as follows:
(1)
On lots having frontage on a designated scenic road or on lots having
frontage on a road within a designated scenic or other aforementioned
cultural resource area, all native and natural vegetation between
a house and road shall be maintained from the property boundary in
the direction of the front setback line, the width of which will be
determined by the lot area, width and frontage. In determining the
need for minimum roadside buffers, the Town agency responsible for
review of development proposals should refer such application to the
CAB for an advisory opinion. The indigenous natural vegetation on
a lot having frontage on any such area is herein restricted and shall
be maintained from the property line adjacent to the regulated road
towards the principal building or structure setback line for a distance
equal to at least 10% of the depth of the parcel.
[Amended 7-25-2016 by L.L. No. 5-2016]
(3)
Upon completion of any project requiring a building permit and additional
clearing, a survey will be required that includes existing clearing
lines and calculations to ensure compliance with this section before
a certificate of occupancy may be issued.
(4)
The construction of a driveway and the installation of underground
utilities is permitted through the buffer area, provided that native
and natural vegetation is maintained to the extent practicable and
both erosion and siltation controls and tree protection measures approved
by the Zoning Enforcement Officer are installed prior to the commencement
of any construction work on site and are properly maintained throughout
the construction period.
[Amended 7-25-2016 by L.L. No. 5-2016]
(5)
Notwithstanding the foregoing provisions, these regulations do not
apply to any lands used for agricultural purposes using sound agricultural
practices as determined by the New York State Department of Agriculture
and Markets nor forestry operations conducted in a manner consistent
with the Timber Harvesting Guidelines as published by the New York
State Department of Environmental Conservation.
