A.
Special use permits are intended to allow for uses which are considered
on their individual merits and circumstances and which may be permitted
in the applicable zoning district, provided that such uses do not
adversely affect the neighborhood, including the natural environment,
and the rural, scenic and historic character. Such special uses are
permitted only upon issuance of a special use permit by the Planning
Board and only after an evaluation is made of the compatibility of
the proposed use with surrounding uses, the suitability of the use
to the site, and whether it is in harmony with the Zoning Law, Comprehensive
Plan, Greenway Guidelines and, if applicable, the Local Waterfront
Revitalization Program.
B.
All special permit uses cited in the District Schedule of Use Regulations in Article III of this chapter[1] shall be subject to review and approval by the Planning Board in accordance with § 274-b of the Town Law and the general objectives, requirements and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except upon authorization of and in full conformity with plans approved and requirements or modifications imposed by the Planning Board. In accordance with the District Schedule of Use Regulations, most uses requiring the issuance of a special use permit are additionally subject to site plan review and approval, as described in Article VII of this chapter.
[1]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
C.
Accessory uses or structures used in connection with a special use
permit shall be subject to the same approval requirements as the principal
structure or use. In authorizing any special permit use, the Planning
Board shall take into consideration the public health, safety, and
general welfare, and the comfort and convenience of the public in
general. The intent of the regulations is to ensure that the development
and use of individual parcels is in harmony with the Zoning Law and
will not have an adverse effect on adjacent lands, the immediate neighborhood,
or on the character of the community. Such regulations are designed
to:
(1)
Protect the community from traffic congestion and conflicts, flooding,
and excessive soil erosion, unnecessary noise, lighting and odors,
wasteful energy use and other forms of pollution.
(2)
Protect the community from inappropriate design and other matters
of scenic and aesthetic significance.
(3)
Ensure that the proposed use will be in harmony with the appropriate
and orderly development of the district in which it is proposed.
(4)
Ensure that its impacts can be mitigated by compliance with reasonable
conditions.
(5)
Ensure that new development conforms with the Town's planning goals
and objectives as expressed in the Comprehensive Plan.
D.
The Planning Board may require modifications to development proposals,
submission of alternative design and layout proposals, and may attach
reasonable conditions and safeguards to eliminate or minimize potential
impacts as a precondition of its approval of a special use permit.
[Amended 3-12-2012 by L.L. No. 1-2012; 7-25-2016 by L.L. No. 5-2016]
The Planning Board shall review and act on all special use permit
applications in accordance with the procedures specified herein:
A.
Application and fee. Subsequent to the required preapplication conference,
special permit applications are made to the Zoning Enforcement Officer
(ZEO) in writing, on forms and in accordance with the review procedures
prescribed by this section of the Zoning Law. In the event that the
Zoning Enforcement Officer determines that the proposed building and/or
use subject of the application meets all of the requirements of the
Zoning Law, the application shall be forwarded, accompanied by such
written determination, by the ZEO to the Planning Board for further
review in accordance with the provisions of the Zoning Law and/or
Subdivision Regulations[1] and the Planning Board’s procedures, including placement on the next regular meeting agenda for initial presentation, determination as to completeness and processing as may be timely under the Zoning Law and SEQRA of any application both received by the ZEO not less than 21 calendar days prior to the meeting and forwarded by the ZEO not less than 14 calendar days prior to the meeting. In the event the ZEO finds the application does not comply in one or more aspects with the provisions of the Zoning Law, the application shall be denied by the ZEO, with leave to either appeal the ZEO’s determination to the Zoning Board of Appeals in accordance with the provisions of Article XI of this chapter or correct the deficiencies in the application determined by the ZEO and resubmit the same to the ZEO for reconsideration. In order to be considered complete, a special use application shall be accompanied by the following:
[Amended 3-12-2012 by L.L. No. 1-2012; 3-12-2018 by L.L. No. 2-2018]
(1)
A preliminary site plan which demonstrates the overall site layout
and building locations, parking areas, access and egress locations,
setbacks and buffer areas, lighting, landscaping, stormwater management,
signage, natural and cultural resource information as required herein,
and the location and extent of existing development on adjacent parcels.
(2)
Preliminary building plans and elevations illustrating proposed building
construction and alteration, including an indication of exterior materials,
textures and colors.
(3)
Payment of the applicable fees in accordance with the Town's fee schedule, established and annually reviewed by the Town Board, and with the escrow fee requirements found in Article XIV.
(4)
Either a short or full environmental assessment form (EAF), as required by SEQRA, Article 8 of the New York State Environmental Conservation Law and Title 6, Part 617 NYCRR. All applications made for lands within or contiguous to the Hudson River National Historic Landmark District, the Town of Rhinebeck National Register of Historic Places Multiple Resource District, or any building, structure or site listed individually on the State or National Register of Historic Places shall require the submission of a full EAF. Such lands are illustrated in the Town Comprehensive Plan, but applicants are on notice that additional properties in the Town may be listed on the State or National Register of Historic Places subsequent to adoption of the Comprehensive Plan. See Article VII, § 125-75C(2)(b) and (c), for additional information that may be required under SEQRA.
(5)
Certification by the applicant, in writing and on forms provided
by the Town of Rhinebeck, that the information provided is "true and
accurate to the best of my knowledge."
(6)
Any other information deemed necessary by the Planning Board to explain
the nature of the proposed use, its potential environmental impacts
under SEQRA, and its consistency with the standards established by
this chapter for special permit uses.
The filing of any new application for Planning Board review
and approval of a special use permit must be preceded by a preapplication
conference with the Planning Board Chair, the Planning Consultant
and other persons who may be designated by the Chair.
B.
Public notice and hearing. The Planning Board shall, within 62 calendar
days of the receipt of the complete application, conduct a public
hearing on any such special permit application. The Planning Board,
by resolution at a stated meeting, shall fix the place, date, and
time of the public hearing. The Planning Board shall provide a copy
of the notice of said hearing to the applicant and at which hearing
he or she shall appear in person or by agent. The Board shall additionally
provide notification as follows. All notices and mailings shall be
the responsibility of the applicant, shall be paid for by the applicant,
shall be sent and confirmed by the applicant using certified mail,
registered mail, delivery confirmation, signature confirmation, or
certificate of mail, and shall be certified to the Planning Board
that compliance has timely occurred. Such notice and mailings shall
be as follows:
[Amended 3-12-2018 by L.L. No. 2-2018]
(1)
By publishing at least five calendar days prior to the date thereof
a legal notice in a newspaper of general circulation in the Town.
(2)
Posting. Notice shall be posted at least five days to the date of
the hearing as follows:
(3)
By requiring notice of the public hearing and data regarding the
substance and location of the special use permit application to the
owners of all property abutting that held by the applicant and all
other owners within 300 feet of the exterior boundaries of the land
involved in such application or such additional distance as the Planning
Board may deem advisable, or as otherwise required by state law. Notice
shall be mailed at least 10 calendar days prior to the hearing, with
compliance with the notification procedure certified to by the Secretary.
(4)
By providing notice of the public hearing and data regarding the
substance and location of the special use permit application to all
involved agencies under SEQR at least 10 calendar days prior to the
hearing.
(5)
If the land involved lies within 500 feet of a farm operation located
in a New York State agricultural district, such owners shall be sent,
at least 10 calendar days prior to the public hearing, an agricultural
data statement on forms supplied by the Town of Rhinebeck and prepared
by the applicant.
(6)
If the land involved in the application lies within 500 feet of the
boundary of any other municipality, the applicant shall also mail,
at least 10 calendar days prior to the public hearing, to the Municipal
Clerk of such other municipality or municipalities, a copy of the
notice of the substance of every application, together with a copy
of the official notice of such public hearing.
(7)
The names and addresses of owners notified shall be taken as such
appear on the last completed tax roll of the Town.
(8)
Provided that there has been substantial compliance with these provisions,
the failure to give notice in exact conformance herewith shall not
be deemed to invalidate an action taken by the Planning Board in connection
with granting or denying a special permit application.
C.
Agency and consultant review. In its review, the Planning Board may
consult with the Town Zoning and Code Enforcement Officers, the Superintendent
of Highways, the Conservation Advisory Board, the Town Historian,
other local and county officials and its designated private planning,
legal and engineering consultants, in addition to representatives
of county, state and federal agencies, including but not limited to
the Dutchess County Departments of Health, Public Works, Planning
and Development, the New York State Departments of Transportation,
Health, Agriculture and Markets, Office of Parks, Recreation and Historic
Preservation, Secretary of State, and Environmental Conservation,
and the United States Army Corps of Engineers, United States Fish
and Wildlife Service, and United States Department of Agriculture's
Natural Resources Conservation Service.
D.
Required referral. A full statement of any special use permit application, including all applicable SEQRA documentation, that meets the referral requirements of § 239-l and 239-m of the General Municipal Law shall be referred prior to the public hearing to the Dutchess County Department of Planning and Development for its review. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said County Department of Planning and Development or 30 calendar days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning and Development recommends disapproval of the proposal or recommends modification thereof within such time period or at a later date prior to final action by the Planning Board, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning and Development. In the matter of any application involving land within the Local Waterfront Revitalization Area, the Planning Board shall also refer the application to the Town’s Waterfront Advisory Committee pursuant to the requirements of Town Code Chapter 118, Waterfront Consistency Review, for a report as to consistency of the application with coastal policies.
E.
Variances. Where a proposed special use permit use contains one or more features which do not comply with the special use permit regulations, application may be made to the Zoning Board of Appeals for a variance pursuant to Article XI of this chapter.
F.
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made within 62 calendar days of the close of the public hearing, which resolution shall clearly state the decision, including findings pertinent to both the Zoning Law and, when applicable, Town Code Chapter 118, Waterfront Consistency Review, and any modifications attached thereto. The time within which the Planning Board shall render its decision may be extended by mutual consent of the applicant and the Board. Each such decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant. The public hearing may not be closed and the time periods for decisionmaking in this subsection shall not begin to run until the Planning Board or other designated lead agency has either classified the proposed action as a Type II action for which further environmental quality review is precluded, accepted a draft environmental impact as complete or adopted a negative declaration under SEQRA. The failure of the Planning Board to render a decision within the time period set forth in this subsection shall not be deemed to be an automatic approval of the special use permit application.
G.
Reimbursable costs. Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant in accordance with Article XIV of this chapter. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board. Such reimbursable costs shall be in addition to any fees required herein.
H.
Effect of special use permit approval.
(1)
In addition to compliance with all other applicable sections of this
chapter, and all other local, county and state laws, rules and regulations,
no building permit shall be issued for any structure regulated by
this section until such special use permit has received Planning Board
approval and a copy of a resolution to that effect has been presented
to the Zoning Enforcement Officer.
(2)
No certificate of occupancy shall be issued for any structure or
use of land covered by this section until the structure is completed
or the land developed in strict accordance with the Planning Board
resolution of special permit approval and other applicable requirements
of this chapter.
(3)
Any use for which a special permit may be granted shall be deemed
a conforming use in the district in which it is located, provided
that such permit shall be deemed to affect only the lot or portion
thereof for which such permit has been granted.
(4)
The Planning Board may require in its resolution of approval that
a special use permit be renewed periodically, typically being for
a period of three to five years and in consideration of land uses
such as mining where jurisdiction is shared by the Town and a county
or state agency. Such renewal may be withheld only after public hearing
and upon specific determination by the Planning Board that such conditions
as may have been prescribed in conjunction with the issuance of the
original permit have not been, or are no longer being, complied with.
If the Zoning Enforcement Officer finds a violation of the special
use permit, he or she may refer the application to the courts or to
the Planning Board for further proceedings. In such cases, a period
of 60 calendar days shall be granted for full compliance by the applicant
prior to revocation of the special use permit.
(5)
A special use permit shall expire if the use or uses cease for more
than one year for any reason, if the applicant fails to obtain the
necessary building permits, fails to comply with the conditions of
the special use permit, or if the time limit imposed on certain special
uses expires without renewal.
(6)
The granting of a special use permit in the Flood Fringe Overlay
(FF-O) District shall not be held to constitute a representation,
guarantee or warranty of any kind by the Town of Rhinebeck or by any
official or employee thereof, or consultant thereto, regarding the
practicability or safety of any structure or use or the proper functioning
of the proposed facilities and plans and shall not be held to create
a liability upon, or cause of action against, such public body, official
or employee for any damage that may result pursuant to such development
or use.
I.
Expiration of special use permit. A special use permit shall be deemed
to authorize only the particular use or uses expressly specified in
the resolution approving the special use and shall expire if the special
use permit activity is not fully implemented within one calendar year
of the date of the resolution approving the special use. Upon prior
written request to the Planning Board, the time period to implement
fully the special use permit activity may be extended for a maximum
period of one additional calendar year for a total of two calendar
years from the date of the resolution approving the special use, either
through a single extension of one calendar year or the combination
of two or more extensions. The Planning Board may hold a public hearing
prior to granting any extensions.
[Amended 3-12-2018 by L.L. No. 2-2018]
J.
Revocation of special use permit. In all instances, including those
cited in Subsection I(4) above, a special use permit may be revoked
by the Planning Board, after public hearing, if it is found and determined
that there has been a substantial failure to comply with any of the
terms, conditions, limitations and requirements imposed by said permit.
K.
Amendments to special use permits. The terms and conditions of any
special use permit may be amended in the same manner as required for
issuance of a special permit, following the criteria and procedures
of this subsection.
L.
Integration of procedures. Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this section, with the site plan review and approval process. Such integration of procedures may require, upon mutual written consent of the Planning Board and applicant, reasonable modification of the time schedules otherwise stated in this section or in Article VII, as related to site plan review and approval, provided that such integration shall not extend the time limit for the full implementation of the special use activity, for the stamping and signature of the Chairman on the site plan, or for the submission of a completed application for either a building permit or certificate of occupancy beyond the time periods specified in §§ 125-66J and 128-78D.
M.
Relief from decisions. Any person or persons jointly or severally
aggrieved by any decision of the Planning Board on a special use permit
application may apply to the Supreme Court of the State of New York
for relief through a proceeding under Article 78 of the Civil Practice
Law and Rules of the State of New York. Such proceeding shall be governed
by the specific provisions of Article 78, except that the action must
be initiated as therein provided within 30 calendar days after the
filing of the Board's decision in the office of the Town Clerk.
The Planning Board shall carefully review the specific requirements set forth in this article for the special permit uses, the applicable supplementary regulations enumerated in Article V of this chapter, and the following general standards for any use requiring special use permit authorization by the Planning Board:
A.
The location and size of the use, the nature and intensity of the
operations involved, the size of the site in relation to the use,
and the location of the site with respect to existing and future streets
and roads providing access shall be in harmony with the orderly development
of the district.
B.
The location, nature and height of the buildings, walls and fences
and the nature and intensity of the intended operations will not discourage
the appropriate development and use of adjacent land and buildings
nor impair the value thereof.
C.
All proposed traffic accessways shall be adequate but not excessive
in number, adequate in width, grade, alignment and visibility, be
sufficiently separated from street intersections and places of public
assembly, and meet similar safety considerations.
D.
Adequate provision for safe and accessible off-street parking and
loading spaces shall be provided to avoid parking in public streets
of vehicles or persons connected with or visiting the use except in
the Traditional Neighborhood, Village Gateway and other priority growth
districts where on-street parking is encouraged. With the exception
of single-family detached dwellings, shared parking is encouraged
where the peak parking demands of different uses occur at various
times of the day. Use of a widely accepted means of projecting demand
for shared use, such as the Urban Land Institute's Shared Parking
Report, shall be employed to demonstrate shared parking effects.
E.
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the maximum extent practicable. Roadside plantings shall be in accordance with the Town's design standards as outlined in Article V, §§ 125-55 and 125-57, herein and with the recommendations of the Town's Design Standards, on file in the office of the Town Clerk and Appendix A of this chapter.[1]
[1]
Editor's Note: Appendix A is on file in the Town offices.
F.
All proposed buildings, structures, equipment and/or material shall
be readily accessible for fire, emergency services and police protection.
G.
The character and appearance of the proposed use, buildings, structures,
lighting, and/or outdoor signs shall be in general harmony with the
character and appearance of the surrounding neighborhood. These shall
not be more objectionable to nearby properties by reason of noise,
fumes, vibration or light than would the operations of any permitted
principal use. In addition, they shall not adversely affect the general
welfare of the inhabitants of the Town of Rhinebeck, such determination
to be made by the Town Planning Board.
H.
Except for existing lots of record subject of Article IV, § 125-22, of this chapter, the use shall meet the prescribed area and bulk requirements for the district in which it is located and as further specified in the supplementary regulations, including but not limited to setbacks, maximum height, environmental and open space standards, required off-street parking, lighting, noise and sign regulations.
[Amended 7-25-2016 by L.L. No. 5-2016]
I.
The level of municipal and other services required to support the
proposed activity or use is, or will be, available to meet the needs
of the proposed activity or use. This consideration shall include
the suitability of water supply and sanitary sewage facilities to
accommodate the intended use, and protection from pollution of surface
water or groundwater.
J.
The proposed use shall not have an unmitigated significant adverse
environmental impact as defined by the New York State Environmental
Quality Review Act (SEQRA). Such determination shall be made by the
Town Planning Board or other designated lead agency.
K.
The use shall be designed and shall be carried out in a manner that
protects historic and natural environmental features on the site under
review and in adjacent areas, such environmental recommendations to
be made by the Town's Conservation Advisory Board and such historic
recommendations to be made by the Town Historian.
[Amended 7-25-2016 by L.L. No. 5-2016]
L.
The use shall be consistent with the Town's Comprehensive Plan, Design
Standards, Local Waterfront Revitalization Plan and other applicable
planning documents adopted by the Town.
M.
In its review of special permit uses, the Planning Board shall take
into consideration the statement of policies and principles as well
as the illustrated guidelines of the Hudson River Valley Greenway,
as described in Greenway Connections, a copy of which is available
in the Town Clerk's Office and on the Internet at http://www.co.dutchess.ny.us/CountyGov/Departments/Planning/17334.htm.
N.
The Planning Board shall impose additional conditions and safeguards
to the special permit use as are directly related to and incidental
to the proposed special use permit and which may be necessary to assure
continual conformance to all applicable standards and requirements,
including reasonable assurance that these conditions and safeguards
can be responsibly monitored and enforced.
In addition to the general standards stated above and the site plan review considerations stated in Article VII, § 125-73, of this chapter, the following specific requirements shall be complied with for the particular special permit uses cited below and as identified in Article III, District Schedule of Use Regulations, or Article V, Supplementary Regulations. Some permitted uses are also subject to specific requirements stated herein, as identified in Article III on the District Schedule of Use Regulations,[1] but shall not be required to obtain a special use permit. Special permit uses that do not have additional specific requirements shall be reviewed using the general objectives stated in Article VI, § 125-67.
A.
Two-family dwelling by conversion or new construction, provided:
(1)
The two-family dwelling (by conversion) shall occur only through
conversion of a one-family residence legally existing at the time
of adoption of this chapter.
(a)
The one-family residence is, at the time of conversion, on a single lot with lot area and lot width of no less than the minimum specified for the zoning district in Article IV, District Schedule of Area and Bulk Regulations.[2] The lot may not be an existing nonconforming lot of less
than the prescribed lot area or lot width.
[2]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(b)
Adequate water supply and sewage disposal facilities shall be
demonstrated to exist in accordance with the requirements of the Town
of Rhinebeck and the Dutchess County Department of Health.
(c)
At least one of the dwelling units shall be owner-occupied in
perpetuity and such restriction shall be recorded in a deed rider.
The Code Enforcement Officer shall not issue a certificate of occupancy
for the secondary unit until the deed restriction is recorded.
(d)
Expansion of the existing one-family residence (by conversion)
to accommodate the second dwelling shall be limited to a maximum of
250 square feet of gross floor area in the RM1 District and 1,000
square feet in other districts.
(2)
The two-family dwelling (by new construction) shall be considered
a permitted use in all residential districts except the Rhinecliff
Hamlet (Rc-H) District where it requires authorization by special
use permit. In all residential districts:
(a)
The two-family dwelling (by new construction) requires site plan approval in accordance with Article VII of this chapter.
(b)
The two-family dwelling (by new construction) shall resemble
a single-family dwelling in its outward appearance.
(c)
Adequate water supply and sewage disposal facilities shall be
demonstrated to exist in accordance with the requirements of the Town
of Rhinebeck and the Dutchess County Department of Health.
(d)
At least one of the dwelling units shall be owner-occupied in
perpetuity and such restriction shall be recorded in a deed rider.
The Code Enforcement Officer shall not issue a certificate of occupancy
for either unit until the deed restriction is recorded.
B.
Multifamily dwelling (new construction) in the RM1, RC5 and VG Districts,
provided:
(1)
The number of dwelling units located on a lot within the RM1 District shall not exceed two dwelling units for the first acre (i.e., the density otherwise applicable to two-family dwellings by conversion), and include not more than one additional dwelling unit for each additional acre of lot area. The number of dwelling units located on a lot within the RC5 District shall not exceed four dwelling units for the first five acres and include not more than one additional dwelling unit for each additional 2 1/2 acres of lot area. For multifamily dwellings in the Village Gateway (VG) Districts, the gross density, as defined in Article XIII, shall be employed to calculate the number of permitted dwelling units.
(2)
Adequate water supply and common sewage disposal facilities shall
be provided in full accordance with the requirements of the Town of
Rhinebeck and Dutchess County Department of Health, with sufficient
engineering documentation provided to allow the Town and the Department
to assess the adequacy of any existing facilities which are proposed
for continued and expanded use. This may include the creation of a
special district under Articles 12 and 12-A of New York State Town
Law or connection to existing community facilities.
(3)
In zoning districts where multifamily dwellings are authorized by special use permit, the maximum number of units within a multifamily dwelling shall be six, including one unit which shall be set aside as affordable, as defined and regulated under the Town of Rhinebeck affordable housing program regulations found in Article V, § 125-63, of this chapter.
(4)
The multifamily dwelling shall be constructed to resemble a single-family
dwelling, as illustrated by example in the photograph below of a four-unit
multifamily dwelling designed to resemble a single-family farmhouse.
|
(5)
All applicable requirements of the New York State Uniform Fire Prevention
and Building Code and the New York State Multiple Residence Law shall
be strictly met.
C.
Multifamily dwelling (by conversion), provided:
(1)
The multifamily dwelling shall occur only through conversion of a
one- or two-family residence and/or other habitable structure, legally
existing at the time of adoption of this chapter.
(2)
The number of dwelling units located on a lot within the RM1 District
shall not exceed two dwelling units for the first acre, i.e., the
density otherwise applicable to two-family dwellings by conversion,
and include not more than one additional dwelling unit for each additional
acre of lot area.
(3)
The maximum number of units within a multifamily dwelling (by conversion)
in the HP20 District shall be four. The maximum number of units within
a multifamily dwelling (by conversion) in other zoning districts shall
be six. The acreage required for such units shall be calculated as
follows:
(a)
The number of dwelling units located on a lot within the HP20
District shall not exceed four dwelling units for the first 20 acres
and include not more than one additional dwelling unit for each additional
10 acres of lot area.
(b)
The number of dwelling units located on a lot within the RA10
District shall not exceed four dwelling units for the first 10 acres
and include not more than one additional dwelling unit for each additional
five acres of lot area.
(c)
The number of dwelling units located on a lot within the RC5
District shall not exceed four dwelling units for the first five acres
and include not more than one additional dwelling unit for each additional
2 1/2 acres of lot area.
(d)
The number of dwelling units located on a lot within the RL5
District shall not exceed four dwelling units for the first six acres
and include not more than one additional dwelling unit for each additional
2 1/2 acres of lot area.
(e)
The number of dwelling units located on a lot within the RM1
District shall not exceed four dwelling units for the first one acre
and include not more than one additional dwelling unit for each additional
1/2 acre of lot area.
(f)
The number of dwelling units located on a lot within the VG
District shall not exceed four dwelling units for the first 1/3 acre
and include not more than one additional dwelling unit for each additional
6,000 square feet of lot area.
(4)
Adequate central water supply and common sewage disposal facilities
shall be provided in full accordance with the requirements of the
Town of Rhinebeck and Dutchess County Department of Health, with sufficient
engineering documentation provided to allow the Town and the Department
to assess the adequacy of any existing facilities which are proposed
for continued and expanded use.
(6)
Not less than 65% of the land area on any multifamily lot shall be
reserved and maintained as usable open space.
(7)
Expansion of the existing one- or two-family residence to accommodate
the additional dwelling units shall be limited to a maximum of 650
square feet of gross floor area per unit.
(8)
All applicable requirements of the New York State Uniform Fire Prevention
and Building Code and the New York State Multiple Residence Law shall
be strictly met.
D.
Accessory dwelling unit within the principal structure (by conversion
or new construction), provided:
(1)
The owner(s) of the one-family residence in which the accessory apartment
is to be located shall occupy at least one of such units on the premises.
Should the owner have a place of residence other than the premises
for a period of more than six months, the special use permit shall
become null and void, and the premises shall revert to its original
permitted use which existed immediately prior to the issuance of the
permit. Accessory apartments shall be clearly incidental and subordinate
to the principal structure and shall not change the single-family
residential character of the neighborhood.
(2)
If created through conversion of an existing structure, no exterior
changes will be made which will alter or extend the existing foundation
of the principal structure more than 25 square feet or cause the extended
structure to encroach upon any required yard area.
(3)
The accessory apartment is self-contained, with separate cooking,
sleeping, and sanitary facilities for use by the occupant(s).
(4)
Any additional exterior entrances, which may be created, shall be
located at the side or rear of the structure.
(5)
The accessory apartment is subordinate to the principal residence and contains no greater than 35% of the total habitable space of the existing structure or 650 square feet in the RM1 District and 1,000 square feet in all other districts where accessory dwellings are permitted by special use permit, whichever is the more restrictive. "Habitable space" shall be as defined in Article XIII.
(6)
The conversion of any existing residence or construction of a new residence to accommodate all accessory apartments, as defined in Article XIII, is limited to one accessory dwelling unit per principal residence.
(7)
Each principal residence and accessory apartment is, at the time
of conversion or new construction, on a single lot with lot area of
not less than one acre for conversion and the required maximum net
density for the district from the District Schedule Area and Bulk
Regulations.[3]
[3]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(8)
Parking, as required for an accessory apartment/principal residence,
is a minimum of two spaces per dwelling unit on site and is designed
and located to be convenient without encroaching on any required yard
or setback area. For new construction, all on-site parking, whether
provided in a garage or consisting of surface parking in a driveway,
shall be set back at least 10 feet from the front facade of the principal
dwelling.
(9)
Approval has been granted by the Dutchess County Department of Health
for any required on-site sanitary or water supply system, or, as may
be applicable, a determination that the existing on-site water supply
and sewage disposal facilities are sufficient to accommodate the additional
demands of the accessory apartment on any premises where such conversion
or new construction is proposed.
E.
Detached accessory dwelling unit (by conversion or new construction),
provided:
(1)
Either the principal dwelling unit or an accessory dwelling unit
on the premises is owner-occupied.
(2)
If created through conversion of an existing structure more than
50 years old and containing historic architectural features, the conversion
should be accomplished in a manner that preserves the historic architectural
features of the structure. No exterior changes will be made which
will extend the existing foundation of the accessory structure more
than 100 square feet, cause the extended structure to encroach upon
any required yard area or hide historic architectural features.
(3)
The accessory dwelling unit is self-contained, with separate cooking,
sleeping, and sanitary facilities for use by the occupant(s).
(4)
The accessory dwelling unit contains a maximum of 650 square feet of habitable space (as defined in Article XIII) in the RM1 District, 900 square feet of habitable space in the RL5, RC5 and RA10 districts, and 1,200 square feet of habitable space in the HP20 District.
(5)
If created through conversion of an accessory structure, legally existing on the premises on or before the effective date of this chapter, the principal dwelling and accessory dwelling unit are, at the time of conversion, on a single lot with a lot area and lot width of no less than the minimum specified for the zoning district in Article IV, District Schedule of Area and Bulk Regulations.[4]
[4]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(6)
If created either through new construction or by conversion of an accessory structure which did not legally exist on the premises on or before the effective date of this chapter, the principal dwelling and accessory dwelling unit are, at the time of construction, on a single lot not less than 50% greater than the net density specified for the RM1 Zoning District in Article IV, District Schedule of Area and Bulk Regulations, and in all other zoning districts where detached accessory dwellings are permitted by special use permit on a lot in conformance with Article IV, the District Schedule of Area and Bulk Regulations. If created either through new construction or by conversion of an accessory structure which did not legally exist on the premises on or before the effective date of this chapter, the site plan shall contain a note that no further subdivision of the lot shall be permissible.
(7)
Additional accessory dwelling units, up to a total of four dwelling units on a single residential premises (i.e., one principal dwelling and a total of three accessory dwelling units), not more than one of which may be located within the principal dwelling, may occur by conversion of an accessory structure or structures legally existing on the premises on or before the effective date of the Zoning Law, provided that the lot meets the minimum required lot area for the density sought, as specified for the zoning district in Article IV, District Schedule of Area and Bulk Regulations. For example, in the RC5 District, a lot containing a total of three dwelling units (i.e., one principal dwelling and two accessory dwellings) would require 7.5 acres (net density) and a total of four dwelling units would require 10 acres (net density).
(8)
If more than two dwelling units are proposed to exist on a single residential premises, site plan review and approval shall be required in accordance with Article VII of this chapter.
(10)
If four dwelling units are proposed for new construction on a single residential premises, then the Planning Board shall consider the extent to which the requirements for conservation subdivision design, set forth in Article V, § 125-43G, have been met and the extent to which "green" site planning and architectural features are integrated into the project. Green features include but are not limited to solar heating and electricity, wind generation, green roofs, LEED certification, use of permeable pavers, rain gardens and other low-impact stormwater management designs, innovative sewage disposal techniques such as constructed wetlands (reed beds) and Clivus Multrums® or other acceptable composting toilets.
(11)
The accessory structure, whether proposed for conversion or created through new construction, meets the minimum setback requirements otherwise established for the construction of a principal structure within the zoning district as prescribed in Article IV, District Schedule of Area and Bulk Regulations.[5]
[5]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(12)
Parking shall be a minimum of two parking spaces for the principal
dwelling and shall include one parking space for each accessory dwelling
unit, designed and located to be convenient without encroaching on
any required yard or setback area. All on-site parking, whether provided
in a garage or consisting of surface parking, shall be provided set
back at least 10 feet from the front facade of the principal dwelling.
(13)
Approval has been granted by the Dutchess County Health Department
for any required on-site sanitary or water supply system, including,
as may be applicable, a determination that the water supply and sewage
disposal facilities are adequate to accommodate the additional demands
of the accessory dwelling unit(s).
(14)
If the lot containing three or four dwelling units is later subject to an application for subdivision approval, then the principal dwelling and the accessory structure(s) housing the accessory dwellings shall occupy an area that could be legally subdivided with the specified bulk regulations for the zoning district, as prescribed in Article IV, District Schedule of Area and Bulk Regulations.
(15)
A detached accessory dwelling unit created by new construction
should appear related to the principal dwelling and resemble a garage
or gatehouse or other traditional rural structure.
F.
Elder cottage housing opportunity (ECHO) unit, provided:
[Amended 7-25-2016 by L.L. No. 5-2016]
(1)
The principal dwelling on the premises is owner-occupied.
(2)
No more than one ECHO unit is permitted on a lot unless:
(a)
There shall be no further subdivision of any lot containing
an ECHO unit unless such lot contains at least 200% (i.e., at least
double) the maximum net density required for the district.
(b)
The principal dwelling is located on a single lot with a lot
area of not less than 10 acres if situated in the HP20 District, five
acres if situated in the RA10 District, 2 1/2 acres if situated
in the RC5 District, 2 1/2 acres if situated in the RL5 District,
and not less than one acre if situated in the RM1 District.
(c)
The housing unit shall comply with all front, side and rear
yard setback requirements for a principal dwelling within the zoning
district, as set forth in the District Schedule of Area and Bulk Regulations.[6] The housing unit shall additionally be located no closer
to any front property line than the principal dwelling on the lot
or on that lot directly adjacent.
[6]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(d)
A reasonable determination can be made that the existing water
supply and sewage disposal facilities are adequate, or will be suitably
improved, to accommodate the housing unit's siting on the property
and the expanded demands caused by the siting of the housing unit.
(e)
The ECHO is self-contained, with separate cooking, sleeping,
and sanitary facilities for use by the occupant(s).
(4)
The housing unit shall:
(a)
Be sited on lots of 1/4 acre or larger.
(b)
Be no more than 750 square feet in size on lots less than 1/2
acre.
(c)
Be no more than 1,000 square feet in size on lots larger than
1/2 acre.
(d)
Be separated from the principal dwelling by at least 50 feet.
(e)
Employ shared driveways with the principal dwelling.
(f)
Utilize green design principles to the greatest extent practicable.
G.
Class 2 home occupation, occurring within a customary accessory building
on the residential premises, provided:
(2)
The lot on which the Class 2 home occupation is proposed meets the minimum lot area and lot width requirements set forth in the Article IV District Schedule of Area and Bulk Regulations[7] for the district, and the accessory structure proposed
to house the home occupation similarly meets all setback and related
requirements set forth within this chapter.
[7]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
H.
Alternate care housing facility as defined in Article XIII of this chapter, provided:
(1)
The application is consistent with the following Town policies regarding
the establishment or modification of any alternate care housing (ACH)
facility within the Town of Rhinebeck:
(a)
In acceptance of the concept, and a reasonable assurance on
an application-specific basis, that the alternate care housing facility
residents may be integrated into the community, to the extent that
such may be appropriate, without creating a negative environment for
either the specific residents of the alternate care housing facility
or the residents of the community in general.
(b)
A reasonable assurance that the intended use will be in harmony
with the Town Comprehensive Plan, be wholly accommodated by existing
community infrastructure and services, and comply with the requirements
of this chapter and other applicable local, county and state land
use and development regulations and requirements.
(c)
In the interests of achieving a well-balanced population within
the Town of Rhinebeck, documentation that the aggregate population
of all alternate care housing facilities, exclusive of nursing homes
and assisted living facilities, throughout the Town of Rhinebeck at
any one time shall not exceed 7% of the Townwide population as established
by the last decennial federal census. This requirement shall apply
only in the event that Rhinebeck's one-year pilot study (and five-year
updates) with mental health experts, research regarding national and
state trends, has been updated, and current, at the time of the application
for the ACH facility.
(2)
The application is accompanied by a community impact statement providing,
at a minimum, the following information for consideration by the Planning
Board in its review of the special use permit and site plan applications:
(a)
Specific classification or type of facility.
(b)
Names of the regulatory agencies from whom permits, licenses
or approvals are required and designation of a contact person at each.
(c)
General description of client disability.
(d)
Documentation of the need for the proposed program and/or facility.
(e)
Identification of who is responsible for the financial support
of the clients.
(f)
Copies of all pertinent correspondence and/or approvals between
the applicant and the regulatory agencies.
(g)
Identification of where the clients formerly resided, including
county and/or institution of origin.
(h)
General statement regarding whether the clients are to become
residents of Dutchess County and, if so, what financial assistance
they will utilize.
(i)
Number of clients, both current and projected.
(j)
Type of employment, if any, clients will seek within the community.
(k)
Which community facilities and services clients will utilize
within the community.
(l)
Description of the plan to integrate the clients into the community
socially and economically.
(m)
Number of staff employees residing on the premises, including
projection of the number of school-age children who may be residing
on the premises as part of staff members' families.
(n)
Number of nonresident staff employees.
(o)
What services will the facility require, including but not limited
to police and fire protection, sewerage, water, utilities, refuse
collection, postal service and other needed services, as well as how
they will be provided.
(p)
Transportation plan: how transportation will be provided.
(q)
Describe whether public recreation facilities will be used,
whether there will be recreation facilities on site, and describe
planned active and passive activities providing occupation, amusement,
recreation or diversion.
(r)
Describe how health-related needs will be provided.
(s)
Describe whether any clients will become the educational responsibility
of the Rhinebeck Central School District.
(t)
Describe what local and county real property taxes the facility
will be responsible for; state how much revenue would be provided
to the Town and school district based on current real property tax
and equalization rates.
(u)
Vicinity map: provide a map indicating by location and maximum
resident/client population all other health-related and alternate
care facilities within a radius of two miles of the facility.
(v)
Describe the facility's five-year operating plan as it pertains
to the previously mentioned items; include a discussion of how compliance
with all special permit standards stated within this chapter shall
be maintained.
(3)
The application is consistent with the following additional specific
standards:
(a)
The Community Environment Standards adopted in a Statement of
Principle by the State Department of Mental Hygiene and the State
Board of Social Welfare state that: "A concentration of residents
in a single neighborhood would be detrimental not only to the community,
but to the clients of the facility as well." To avoid a negative impact
on the neighborhood as well as the residents of the alternate care
facilities, the Planning Board's special use permit approval authority
shall be limited to not more than one such facility within a one-mile
radius.
(b)
Any alternate care facility that will house more than 12 ACF
residents shall require a site not less than 50 acres, and the total
population thereon, including residents and staff employees, shall
not exceed four persons per acre.
(c)
The minimum lot frontage per ACF shall be 400 feet.
(d)
There shall be a minimum front yard of 150 feet, into which
there shall be no encroachment of automobile parking and of structures
other than a fence, wall or sign not larger than four square feet
in area.
(e)
No structure shall be placed closer to a side or rear property
line than 100 feet, and no automobile parking shall be placed closer
than 25 feet to a side or rear property line.
(f)
Provision for recreation for ACF clients shall be provided,
with at least 10% of the total land area developed for both active
and passive outdoor recreational uses.
(g)
Any new and/or existing structures shall be constructed, altered,
renovated and maintained in full accordance with the New York State
Uniform Fire Prevention and Building Code, the New York State Energy
Conservation Construction Code and other codes, rules and regulations
that may be imposed by any regulatory or permitting agency.
(h)
All other applicable standards and provisions of the Zoning
Law and other applicable local, county and state land use and development
regulations and requirements shall strictly apply.
(4)
Any special use permit approval granted under this subsection is
additionally subject to the licensing procedures and approvals of
all appropriate state, county and regional agencies. A certificate
of occupancy shall not be issued by the Code Enforcement Officer until
copies of all such approvals have presented to the Town and have been
reviewed by the Planning Board.
(5)
Any variation in the type of program, including treatment, any increase
in the resident population and/or expansion or other modification
of the physical plant shall require application to the Planning Board
for consideration of a new or modified special use permit and shall,
in accordance with this chapter, further require re-examination of
the site plan by the Planning Board.
I.
Cemetery, provided:
(1)
No burial or memorial plots or buildings shall be located closer
than 50 feet to any residential lot line, except when a dense evergreen
hedge or wall or landscaped strip at least six feet in height provides
complete visual screening from all adjacent residential properties.
Burial or memorial plots with headstones, monuments or other grave
markers limited to less than six feet in height may be located as
close as 25 feet to any residential property line. This provision
shall apply to both new cemeteries and proposals for expansion of
existing cemeteries.
[Amended 7-25-2016 by L.L. No. 5-2016]
(2)
All burials shall be undertaken in strict accordance with applicable
regulations of the New York State Department of State and the Department
of Health.
J.
House of worship, including meeting hall and parish house, provided:
(1)
Minimum lot area shall be five acres if proposed on an existing lot
of record that was lawfully in existence on the effective date of
the Zoning Law.
(2)
For a house of worship proposed on a lot to be subdivided from a parent parcel, the minimum lot area, width and frontage shall be as specified for the applicable zoning district in Article IV, the District Schedule of Area and Bulk Regulations.[8]
[Amended 7-25-2016 by L.L. No. 5-2016]
[8]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
L.
Library, museum or performing arts center, provided:
(1)
Minimum lot area shall be three acres for a library or museum and
six acres for a performing arts center, except in the GB, Rc-B, Rc-HT,
and CB Districts, where a minimum lot area of one acre is required
and the HP20 and RA10 Districts, where a minimum lot area of 20 acres
and 10 acres, respectively, is required.
(2)
No building or parking area shall be located closer than 50 feet
to any side or rear lot line in a residential district.
M.
Nursery school or day-care facility, provided:
(1)
Except for the RM1 District, the maximum density for a nursery school
or day-care facility shall be the same as the maximum density required
per dwelling unit for the applicable zoning district. In the RM1 District,
three acres are required for a nursery school or day-care facility.
(2)
The maximum number of children enrolled on a regular basis shall
be 45.
(3)
Access to a nursery school or day-care facility with more than 15
children shall be from a state or county highway.
N.
Educational institution, provided:
(1)
All buildings, parking and outdoor activity areas shall have a minimum
setback of 250 feet from any adjoining residential property and 100
feet from any property boundary.
(2)
Specific plans for public address systems and/or outdoor lighting
shall be submitted to and approved by the Planning Board, including
the specific hours of operation for such facilities. Approval shall
be preceded by a clear demonstration by the institution that the features
are both essential and will create no adverse effect on neighboring
residential properties.
(3)
Copies of all licenses, permits or approvals from other state and
local agencies shall be presented to the Planning Board for review
prior to approval.
(4)
The educational institution shall be situated on and have direct
access solely to a state and/or county highway.
(5)
Required area and bulk regulations are as follows:
(a)
Minimum lot area: 50 acres.
(b)
Minimum required lot frontage: 200 feet.
(c)
Minimum required lot width at building line: 200 feet.
(d)
Minimum required front yard setback from public right-of-way:
250 feet.
(e)
Minimum required side yard setback: 100 feet.
(f)
Minimum required rear yard setback: 100 feet.
(g)
Minimum setback from internal roadway: 25 feet.
(h)
Minimum setback from any adjoining residential property: 250
feet.
(i)
Maximum permitted building coverage: 15% of lot area.
(j)
Maximum permitted impervious coverage: 35% of lot area.
(k)
Maximum permitted building height: two stories, not to exceed
30 feet. This limitation shall not apply to customary and typical
rooftop appurtenances so long as they do not exceed 12 feet above
the roof surface and cover no more than 20% of the roof surface of
such building. In addition, spires, belfry, domes, crosses, cupolas
and other like religiously significant architectural elements are
permitted to exceed the building height by 50% or 20 feet, whichever
is less.
(6)
Design requirements.
(a)
The applicant shall prepare and receive Planning Board approval
for a landscaping plan addressing the following subjects:
[1]
Buffer area: landscaping within the required setback areas to
visually screen the educational institution from residential uses
that are within the line of sight of the institution.
[2]
All portions of an educational institution not used for impervious
surfaces shall be attractively landscaped or left in a natural condition.
(b)
Conservation design/open space. To the maximum extent practicable, consideration shall be given to the preservation of open space. The Planning Board shall have the full authority to require the applicant to submit the documents required by Article V, § 125-43G, of this chapter for the conservation subdivision design process where a property exhibits one or more of the sensitive features set forth in Article V, § 125-43D(3), of this chapter.
[1]
Usable open space. The educational institution shall include
at least one area of distinctive design to create a visual focal point
or area of interest for use by the students, staff, and faculty of
such institution. The usable open space shall be linked to the on-site
pedestrian walkway network.
[2]
Pedestrian walkway network. A comprehensive integrated pedestrian
walkway system shall be developed for each educational institution.
Concrete sidewalks shall be no less than six feet in width when constructed
along the side of an interior roadway or driveway. Other elements
of the pedestrian walkway system shall be sized to accommodate anticipated
pedestrian demand. Minor service driveways, roadways and streets with
average daily traffic less than 250 vehicles are exempt from providing
a sidewalk.
[3]
Lighting. Outdoor lighting shall be limited to that necessary for operational reasons, shall be so designed as to be compatible with surrounding land uses and shall be in full compliance with the requirements of Article V, § 125-56, the Town lighting regulations. The applicant shall provide a lighting plan showing that exterior lighting will not be directly visible beyond the boundaries of the property line. Any lighting shall be directed away from adjoining streets and properties, and shall be arranged so as to reflect the light away from any adjoining properties and abutting streets, highways and roads.
[5]
Playing fields. Outdoor playing fields shall be set back from
neighboring streets and property lines a minimum of 250 feet and shall
be screened from public view with fencing and/or buffer landscaping.
[6]
Utilities. All utilities shall be installed underground or within
buildings.
[7]
Parking and internal roadway requirements.
[a]
All on-site streets, roadways, driveways and parking
areas are to be constructed according to the Town's Design Standards.
[b]
On-site parking requirements shall be determined for each specific component use contained within an educational institution and then summed to determine the minimum number of required parking stalls. Parking shall be provided in full accordance with the off-street parking and loading standards contained in Article V, § 125-36.
[8]
Health and safety considerations.
[a]
Sewer. Each applicant proposing to construct an
educational institution shall either secure Dutchess County Health
Department approval for a subsurface septic disposal system or connect
into an approved centralized wastewater treatment system.
[b]
Water. Each applicant proposing to construct an
educational institution shall supply a potable water delivery system
capable of meeting both the domestic water and emergency fire-fighting
needs of the facility.
[c]
Sprinkler. Fire protection must be provided by
a sprinkler system throughout each building in the educational institution,
regardless of whether such building(s) is an existing structure or
new construction.
[9]
Housing. Housing shall only be permitted as an accessory use
to an educational institution. No housing unit shall exceed two bedrooms,
except for dormitory housing. Each housing unit constructed in association
with and as part of an educational institution shall be limited in
occupancy to full-time students or full-time staff.
[a]
For the purposes of this section "full-time students"
shall be defined as students who are enrolled for no less than 15
hours of instruction per week.
[b]
"Full-time staff" shall be defined as employees
of the educational institution who perform no less than 15 hours per
week of work for said institution, including, but not limited to,
office work, administration, and classroom instruction.
[c]
There shall be no more housing units constructed
as part of any educational institution than there are full-time students
or faculty. Housing units shall only be occupied in accordance with
the above limitations. The educational institution shall provide annual
reports demonstrating compliance. No housing unit shall be permitted
in a cellar or basement.
[d]
Prior to the issuance of certificates of occupancy
for on-site housing, certificates of occupancy shall have been issued
for classroom space with cumulative occupancy limits that exceed the
requested number of residential certificates of occupancy.
[e]
In addition to the required area and bulk regulations set forth in Subsection N(5) herein, the residential floor area ratio (as defined using either the New York State Building Code or National Fire Prevention Association standards to classify space as residential) shall be limited to no more than 25% of the entire site development floor area ratio.
[f]
There shall be a minimum lot area of 2/3 of an
acre for each resident of the educational institution, including students,
faculty and staff.
[g]
No housing unit shall be sold in fee simple or
subdivided from the educational institution.
(c)
Conditions and safeguards. The Planning Board shall attach such
other conditions and safeguards to the special use permit as are necessary
to assure continual conformance to all applicable standards and requirements.
(d)
Expansion of special use. The term "expansion" as it relates
to educational institutions shall include any increase in classroom
space, housing area, and/or student/enrollee population beyond that
permitted by the original special permit.
O.
Hospital, provided:
(1)
Minimum lot area shall be no less than 20 acres.
(2)
No building or parking area shall be located closer than 50 feet
to any side or rear lot line in a residential district.
(3)
No on-site incineration shall be permitted, and all chemical, radioactive
and other medical waste shall be disposed of in accordance with applicable
New York State and federal requirements.
(4)
Access shall be from a state highway.
P.
Not-for-profit or other noncommercial outdoor recreational use or
facility, provided:
(1)
Minimum lot area shall be 25 acres.
(2)
No building or parking area associated with the outdoor recreational
use or facility shall be located closer than 100 feet to any property
line or within 250 feet of any existing neighboring residence. Any
such building or parking area shall be effectively screened from all
neighboring properties and public rights-of-way by an intervening
landform or natural vegetation.
(3)
Specific plans for public address systems and/or lighting for outdoor
recreational facilities shall be submitted to and approved by the
Planning Board, which approval shall be preceded by a clear demonstration
by the facility owner and/or operator that the features are both essential
and will create no adverse effect on neighboring residential properties.
(4)
No facility for active recreational use (e.g., trail, swimming pool,
tennis courts, ball field or cross-country ski trail) shall be located
within 100 feet of any property line. In no case shall motorized vehicles
be permitted such as all-terrain vehicles (ATVs), go-carts, dirt bikes
and similar motorized vehicles.
(5)
Access to the outdoor recreational use or facility shall be from
a state or county highway or a through Town roadway other than a residential
subdivision street.
(6)
No single building constructed or adaptively used in connection with
an outdoor recreational use or facility, authorized under this subsection,
shall exceed 6,000 square feet of gross floor area.
(7)
No restaurant shall be operated and maintained on the premises of
any outdoor recreational use or facility authorized under this subsection.
Food service shall be limited to vending machines and/or a snack bar;
alcoholic beverages shall not be sold on the premises.
(8)
Except as may be further restricted by the Planning Board in its
consideration of a specific application for a special use permit,
hours of operation for any outdoor recreational use or facility authorized
under this subsection shall be limited to the period from 8:00 a.m.
through 9:00 p.m. daily.
Q.
Rod and gun club in the RC5 District, provided:
(1)
No special use permit shall be granted for a rod and gun club unless
such club is located on a lot having an area of not less than 150
contiguous acres.
(2)
No building or facility that involves the discharge of firearms shall
be located closer than 500 feet to any property boundary, residential
lot line, public trail or public park, public or private road, public
right-of-way, publicly maintained road, or such greater distance as
may be specified by the New York State Environmental Conservation
Law, or other applicable laws or regulations. The Planning Board may
modify the five-hundred-foot requirement for existing rod and gun
clubs applying for special use permits, with due consideration to
buffering available to surrounding residential uses, the noise generated
at such club and the degree to which noise impacts have been mitigated
in order to protect the public health, safety and welfare.
(3)
Rod and gun clubs shall implement the United States Environmental
Protection Agency's Best Management Practices for Lead at Outdoor
Shooting Ranges, using the most recent version of such manual, shall
prepare and submit an environmental stewardship plan as recommended
in the manual, and shall provide a copy of the EPA's certificate of
recognition demonstrating that the club has prepared and implemented
the environmental stewardship plan.
(4)
The discharge of tracer bullets is prohibited.
(5)
Specific plans for public address systems and/or lighting for outdoor
recreational facilities shall be submitted to and approved by the
Planning Board, including the specific hours of operation for such
facilities. Approval shall be preceded by a clear demonstration by
the facility owner and/or operator that the features are both essential
and will create no adverse effect on neighboring residential properties.
(6)
No target range or other facility for the discharge of firearms shall
be located closer than 900 feet to any property boundary, public trail
or public park, public or private road, public right-of-way, or publicly
maintained road, or such greater distance as may be specified by the
New York State Environmental Conservation Law, other applicable laws
or regulations. The Planning Board may waive the nine-hundred-foot
requirement for existing rod and gun clubs applying for special use
permits, with due consideration to buffering available to surrounding
residential uses, the noise generated at such club and the degree
to which noise impacts have been mitigated in order to protect the
public health, safety and welfare.
(7)
Except as may be further restricted by the Planning Board in its
consideration of a specific application for a special use permit,
hours of operation for the discharge of firearms at any rod and gun
club obtaining a special use permit under this subsection shall be
limited to the period from 9:00 a.m. through 6:00 p.m. on weekdays
or Saturday and from 12:00 noon to 6:00 p.m. on Sundays and state
and federal holidays. No club activities involving discharge of firearms
shall occur before sunrise or after sundown. Restrictions on the hours
of operation shall not apply to hunting activities during New York
State open seasons on wildlife species taken by gun.
(8)
To protect the health, safety and welfare of the community, sound levels measured at the property boundaries of a nonconforming rod and gun club (hereinafter "gun club") may exceed the Town of Rhinebeck noise control regulations found in Article V, § 125-58, of this chapter, provided they comply with the following procedures:
(a)
Within 90 days following the enactment of this chapter, each
gun club then lawfully in existence must conduct sound level measurements
at its property boundaries to determine the noise levels generated
by the gun club at full operational mode. For purposes of this section,
"full operational mode" shall mean the discharge of firearms at the
gun club with all shooting range stations in simultaneous operation.
For any gun club which operates separate skeet shooting and target
shooting stations, which cannot be used simultaneously, "full operational
mode" shall mean the operation of the skeet shooting stations at maximum
capacity.
(b)
A protocol for conducting the sound level measurements must
be prepared by the gun club to measure the sound generated by the
gun club activities at full operational mode. The protocol shall be
consistent with the requirements for the measurement of sound generated
by a facility as set forth in DEC's program policy entitled "Assessing
and Mitigating Noise Impacts," dated October 6, 2000, and last revised
February 2, 2007. The sound level measurement protocol proposed by
the gun club shall be submitted to the Zoning Board of Appeals (ZBA)
for its review. The protocol shall be filed with the Zoning Enforcement
Officer (ZEO), who shall in turn forward the protocol to the ZBA.
The ZBA shall approve, disapprove or approve with modifications the
testing protocol within 45 days of receipt of the submission from
the ZEO. In the event the ZBA does not render a determination within
the requisite time herein, the protocol shall be deemed approved unless
the time period is extended either by mutual agreement between the
ZBA and the gun club or in the event the ZBA requests additional information
concerning the protocol from the gun club.
(c)
Sound level measurements shall be conducted at the property
boundaries as specified by the protocol and shall be measured by a
sound level meter having an A-weighted filter and coordinated in accordance
with the specifications of the American National Standards Institute
(ANSI). The Town's Zoning Enforcement Officer and members of the ZBA
shall be given seven days' advance notice of the taking of measurements
and be provided with the opportunity to be present at the time of
the conduct of the sound level measurements.
(d)
After the conduct of the sound level measurements the gun club
shall prepare a mitigation plan prepared by an acoustical engineer
or other qualified professional to mitigate the sound generated by
the gun club at full operational mode at the property boundaries to
the fullest extent reasonably practicable, using best management practices
(BMPs), such as those outlined in the National Rifle Association's
Range Source Book: Guide to Planning and Construction and the State
of Minnesota Department of Natural Resource's Outdoor Shooting Ranges:
Best Practices, which shall serve as guidelines to the use of BMPs.
DEC's program policy entitled "Assessing and Mitigating Noise Impacts"
shall also be utilized in the assessment and design of mitigation
measures. Copies of all three documents are available for review in
the Town Clerk's office.
(e)
The mitigation plan shall be submitted to the ZBA within 180
days of the enactment of this chapter. The ZBA shall approve, disapprove,
or approve with modification the proposed mitigation plan within 62
days of submittal. If the plan is disapproved, the gun club shall
be required to submit a proposed modified or revised mitigation plan,
within a period of 60 days after the ZBA's disapproval. The ZBA shall
have the discretion to reasonably extend the time period for submission
of the mitigation plan upon request of the gun club in the event additional
time is needed by the gun club to prepare the plan. In the event of
a resubmittal of the mitigation plan, the ZBA make a determination
within 45 days after the full resubmittal is received by the ZBA.
In the event the ZBA does not render its determination within the
requisite time herein, the mitigation plan shall be deemed approved
unless the time period is extended either by mutual agreement between
the gun club and the ZBA or in the event the ZBA requires additional
information concerning the mitigation plan from the gun club.
(f)
The Town Board recognizes that the gun club may not be able to achieve complete mitigation so as to reduce the noise levels generated by the operation of the gun club to those imposed by Article V, § 125-58, of this chapter. In the event the ZBA determines that full mitigation of the noise levels cannot be achieved in accordance with the provisions herein, the ZBA shall approve a mitigation plan which achieves less than full mitigation. In making its determination, in addition to the sound level measurements, the ZBA shall take into account such factors as:
[1]
The size of the gun club facility and shooting range and its
proximity to residences;
[2]
The projected cost of the implementation of the mitigation measures;
[3]
The size of the gun club's property and the ability of the gun
club to implement reasonable mitigation measures in light of existing
property improvements and physical constraints; and
[4]
Self-imposed restrictions the gun club has imposed, or is willing
to impose, on its operation, such as limitations on its hours of operation
and frequency of use of the gun club facilities, which help mitigate
the noise impacts of the gun club activities on neighboring properties.
(g)
The mitigation plan, as approved by the ZBA, shall be implemented by the gun club within one year of the date of the date of the enactment of this chapter. However, the ZBA shall have the authority to approve a phased mitigation plan for the gun club to be implemented no later than three years after the enactment of this chapter, with due consideration given to the factors set forth in Subsection Q(8)(f) above and the extent of the mitigation required.
(h)
Within 30 days of the implementation of the mitigation plan, the gun club shall conduct additional sound level measurements at the property boundaries following the same sound level measurement protocol submitted to the ZBA. The sound level measurements shall be submitted to the ZBA, together with a report evidencing that the mitigation plan has been completed. The ZBA shall review said report, and make a written determination whether the mitigation plan has been completed in accordance with the standards and criteria set forth in this subsection. Once approved by the ZBA, the gun club shall not exceed the sound levels recorded after implementation of the mitigation plan in the conduct of its operations unless it receives a variance from the ZBA. If an existing gun club fails to take sound measurements or implement the required mitigation measures within the time period specified in this chapter, or should the gun club otherwise fail to comply with this section or exceed the post-mitigation sound levels, then the gun club must comply with the noise regulations found in Article V, § 125-58, of this chapter, as enforced by the Town's Zoning Enforcement Officer.
(i)
The gun club shall be provided with an opportunity to appear
before the ZBA and be heard in conjunction with all ZBA determinations
pursuant to this section.
(9)
In its review of a rod and gun club special use permit, the Planning
Board may be guided by, but shall not be bound by, the recommendations
of the NRA Range Source Book: A Guide to Planning and Construction,
published by the National Rifle Association of America, or by state
regulations and guidelines, such as the State of Minnesota Department
of Natural Resource's Outdoor Shooting Ranges: Best Practices, copies
of which are available for review at the Town Clerk's office.
(10)
No alcoholic beverages may be served in conjunction with club
activities or social functions involving or held in conjunction with
the discharge of firearms.
(11)
The club activities shall be conducted exclusively for club
members and their guests and shall not be available to the public
on a daily fee or charge basis.
(12)
The harboring of more than four dogs on club property shall
be prohibited unless the applicant applies for and receives a special
use permit for the operation of a commercial kennel as may be permitted
by this chapter.
(13)
Hunting may be conducted on club property only in season in
accordance with the provisions of Article 11, §§ 11-0903,
11-0905 and 11-0907, of the New York State Environmental Conservation
Law and the rules and regulations adopted thereto.
(14)
It is recognized that the operation of a rod and gun club in
a residential neighborhood could have an adverse impact on the surrounding
neighborhood. The extent of this impact will necessarily depend on
factors such as the size of the property on which the club will be
sited; the topography of the club property; the natural vegetation,
screening and buffering existing on-site; the size of the club and
the type and number of on-site activities involving the discharge
of firearms; the location, layout and orientation of the various on-site
club activities involving the discharge of firearms; the proposed
hours of operation of the club; and the proximity of the club to existing
residences.
(a)
Notwithstanding that a rod and gun club is a special permit use in the Town's RC5 Zoning District, the Planning Board shall retain full discretion to deny a special use permit application for a rod and gun club if the Board determines that the use does not comply with the standards set forth in this subsection; does not comply with the general standards for special permit uses set forth in Article VI, § 125-67, or will result in a significant adverse impact on the surrounding neighborhood in terms of increased noise, decreased public safety or diminution in property values, which cannot be adequately mitigated by the imposition of special permit conditions.
(b)
In addition to the authority vested in the Planning Board to impose reasonable conditions and safeguards on special use permits, as set forth in Article VI, § 125-65, of this chapter, the Planning Board shall impose such conditions and safeguards on the operation of the rod and gun club which, in its discretion, may be necessary to mitigate such problems as noise, public safety and diminution of property values. The Planning Board shall, as a condition of each special use permit issued for a rod and gun club, require that the Zoning Enforcement Officer, on an annual basis, inspect the rod and gun club operation and report back to the Planning Board with regard to the permit holder's compliance with the provisions of this article, any special use permit conditions imposed and the requirements of the site plan approved by the Planning Board. Such restrictions and safeguards may include, but shall not necessarily be limited to, the following:
[1]
Increased limitations on hours of operation and discharge of
firearms.
[2]
Increased setback requirements for certain activities involving
the discharge of firearms.
[3]
Requirement of vegetative screening, buffering and/or berming
of target, skeet and trapshooting ranges and other rod and gun club
activities involving discharge of firearms.
[4]
Limitation or prohibition of certain activities involving discharge
of firearms.
[5]
Prescribed siting, configuration or orientation of activities
involving discharge of firearms and/or storage of ammunition.
[6]
A requirement that boundaries or a portion of the boundaries
of the club property be enclosed in a prescribed manner.
[7]
Limitations on the number of club members.
[8]
The requirement of additional inspections of the property and
operation by the Zoning Enforcement Officer with reports back to the
Planning Board.
(15)
Notwithstanding anything to the contrary, rod and gun clubs lawfully in existence as of the enactment of the Zoning Law shall continue to be lawful nonconforming uses in the RC5 District, subject to Article IX.
(16)
In addition to those materials required by Article VI, § 125-67, and Article VII, § 125-73, of this chapter to be submitted with any application for a special use permit and site plan approval respectively, an applicant for a rod and gun club special use permit shall submit the following additional materials:
(a)
A declaration as to the nature and extent of the proposed rod
and gun club operation.
(b)
A description of all proposed club activities, including those
which involve the discharge of firearms.
(c)
Copies of the written membership qualifications, constitution
and bylaws for the rod and gun club.
(e)
A statement outlining the proposed hours of operation for all
club activities and the proposed membership qualifications and number
of members anticipated.
(f)
Any other information or documentation requested by the Planning
Board deemed necessary to assist in its decision-making process.
R.
Not-for-profit membership club, provided:
(1)
The membership club is located on a lot meeting the minimum requirements
of the District Schedule of Area and Bulk Regulations for the district,[10] but in no case shall the lot be less than three acres.
[10]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(2)
No building or parking area shall be located closer than 100 feet
to any side or rear lot line.
(3)
Specific plans for public address systems and/or lighting for outdoor
recreational facilities shall be submitted to and approved by the
Planning Board, including the specific hours of operation for such
facilities. Approval shall be preceded by a clear demonstration by
the owner and/or operator that the features are both essential and
will create no adverse effect on neighboring residential properties.
S.
Children's camp or adult day camp, provided:
(1)
Minimum lot area shall be 50 acres.
(2)
No activity area, recreational facility, building or other structure
shall be closer than 100 feet to any residential property boundary.
(3)
Water supply and sewage disposal facilities shall satisfy all applicable
requirements of the Dutchess County Health Department.
(4)
Copies of all licenses, permits or approvals from other state and
local agencies shall be presented to the Planning Board for review
prior to approval.
(5)
Specific plans for public address systems and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties and will be in compliance with the Town of Rhinebeck noise regulations at Article V, § 125-58.
(6)
An application for a special use permit to operate a children's camp
or adult day camp shall be made at least 90 days before the first
day of operation. The application shall include a written health and
safety plan in accordance with applicable state and county agency
requirements. The plan shall be reviewed annually by the camp operator,
and submitted annually to the Zoning Enforcement Officer, to maintain
compliance with the special use permit.
(7)
Adequacy of on-site parking for staff, campers and visitors shall
be demonstrated.
T.
Building material supply and sales including lumberyard, provided:
(1)
Minimum lot area shall be five acres.
(2)
All material storage shall occur in wholly or semi-enclosed (i.e.,
roofed) structures. There shall be no outdoor display of goods, outdoor
storage of materials, or outdoor storage of equipment in the front
yard nor shall such goods, materials or equipment be placed in front
of the principal building.
(3)
The entire site shall be screened by natural vegetation and other
suitable visual buffering, with special attention to outdoor storage
areas, as determined necessary by the Planning Board.
U.
Commercial boarding or breeding kennels, provided:
(3)
Indoor enclosures in the form of caging or housing systems shall
be provided for dogs. Use of outdoor caging, runs or pens by dogs
shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily.
(4)
Kennels should comply with the Companion Animal Care Guidelines of
the American Veterinary Medical Association.
(5)
The application for a boarding kennel shall comply with the following
additional standards:
(a)
Minimum site area shall be 20 acres.
(b)
Maximum lot coverage of 5%.
(c)
Minimum setback shall be 300 feet from any property line or
500 feet for a dog run or any building intended for the housing of
dogs. The setback can be increased by the Planning Board, where determined
necessary to mitigate potential noise impacts.
(d)
All buildings and/or dog runs used for the housing of dogs shall
be enclosed with fencing or other appropriate enclosure or noise barrier
of suitable construction and height, not less than six feet high,
to confine any dogs on the premises and to buffer noise.
(e)
Maximum number of 12 dogs housed over one year in age. Any additional
dogs may be housed if for each six additional dogs one additional
acre of land is provided. Compliance continues with all other standards
applicable to the special use permit.
V.
Conference center, provided:
(1)
The permitting of conference center facilities shall facilitate the development of a large parcel in low-intensity, nonresidential use, while preserving buildings and/or natural areas, which are unique to the area and an asset to the community. Small-scale conference facilities are also permitted, subject to more restrictive requirements herein under Subsection V(8) below.
(2)
The following requirements shall be satisfied:
(a)
The exterior of existing houses, barns and related structures shall be restored whenever feasible. For historic buildings within the Hudson River National Historic Landmark District or structures or sites listed on the National Register of Historic Places, compliance with Article V, § 125-62, the Town historic buildings protection regulations, shall be required. Consideration shall be given to quality of original architecture and subsequent modifications, current condition and relationship of the structures to the overall property or area when considering the feasibility of restoration as determined by the Planning Board.
(b)
Formal and informal landscaping, stone wall and entrance gates
shall be restored whenever feasible as determined by the Planning
Board.
(c)
New construction shall be sited so as to have a minimum impact
on fields, water features and woodlands. Major regrading, clear-cutting
or changing of topography shall not be permitted.
(e)
Access shall be from a state highway.
(3)
The maximum floor area shall not exceed 5% of the land included in
the project proposal.
(4)
Unique natural areas and open spaces such as bays, streams, ponds,
marshes, steeply sloped areas, woodlands, etc., shall be preserved.
(5)
The development shall be found to be in harmony with the Town Comprehensive
Plan.
(6)
The minimum lot area shall be 100 acres for the first 40 guest rooms,
plus an additional 2 1/2 acres for each additional guest room.
The maximum number of rooms in a conference center shall be 80. Applicants
proposing adaptive reuse and/or rehabilitation of structures listed
on the National Register of Historic Places may be eligible for a
bonus of up to 10% in the number of guest rooms, provided such adaptive
reuse and/or rehabilitation complies with the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings.
(7)
Specific plans for public address systems, amplified music, and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties, will be in compliance with the Town of Rhinebeck noise regulations at Article V, § 125-58, and will be in harmony with the rural, historic and scenic character of the district in which they are located. The specific plans for public address systems, amplified music, and/or outdoor lighting shall be subject to such additional restrictions deemed appropriate by the Planning Board.
(8)
Where the Planning Board finds that small-scale conference centers are appropriate in the HP20 and RA10 Districts for the preservation of historic buildings, as defined in Article XIII, the following specific standards shall be complied with:
(a)
The minimum lot area shall be 40 acres.
(b)
No more than 75 day-use attendees shall be permitted.
(c)
No more than six accommodations shall be provided for overnight
guests.
(d)
Access shall be from a state or county highway.
(e)
Specific plans for outdoor events including outdoor lighting
shall be submitted to and approved by the Planning Board, including
the specific hours of operation for such facilities. Approval shall
be preceded by a clear demonstration by the facility owner and/or
operator that the features are both essential and will create no adverse
effect on neighboring residential properties, and will be in compliance
with the Town of Rhinebeck noise regulations.[11] The specific plans for parking, public address systems,
amplified music, and/or outdoor lighting shall be subject to such
additional restrictions as are deemed appropriate by the Planning
Board to minimize the potential noisome intrusions to neighboring
properties.
(f)
Specific plans for parking shall take into consideration the
historic, rural and scenic resources of the site and community. Use
of alternative paving materials and alternative transportation, such
as grassed parking areas and shuttle services, is encouraged to protect
such resources.
W.
Delicatessen, as defined in Article XIII of this chapter, provided:
(1)
The maximum gross floor area shall not exceed 2,000 square feet.
(2)
Delicatessens shall not dispense or sell fuels to the motoring public.
(3)
Delicatessens shall:
(a)
Provide an enclosed trash dumpster for disposal of stock packings
removed by store employees, and trash receptacles for customer use
on the premises;
(b)
Maintain no outdoor displays of merchandise;
(c)
Locate all vending machines within the building; and
(d)
Direct all rooftop heating/ventilation/air conditioning or refrigeration
units away from adjacent residential properties.
Y.
Gas station or automobile service facility, provided:
(1)
No such establishment shall be located within 200 feet of any school,
church, public library, theater, hospital, park, playground, or other
public gathering place designed for occupation by more than 50 people.
(2)
The area of use by motor vehicles, including display and storage, except access drives thereto, as well as any structures, shall not encroach on any required yard area, with it further provided that no building shall be erected closer than 50 feet to any street or lot line, or such greater dimension as required by Article IV of this chapter.
(3)
Gas stations shall be limited to four pump stations as defined herein,
each located in a secondary position to the primary building, with
all pump stations and canopies located at the rear of the building.
(4)
No pump station or associated canopy structure shall be located within
25 feet of any side lot line or within the required front yard. Connect
the canopy structure with the primary building whenever possible and
coordinate the roof design and supports. The station layout shall
eliminate the necessity of any vehicle backing out onto a public right-of-way.
(5)
The station or facility shall reflect the traditional architecture
of the community in building and roof forms, window proportions, materials,
colors and details. All four sides of the building shall be designed
with windows and other architectural features to avoid visible blank
walls.
(6)
Pedestrian entrances should be provided on the street side of the
building and pedestrian connections shall be provided to surrounding
properties and the street.
(7)
Entrance and exit driveways shall total no more than two in number
and shall have an unrestricted width of not less than 24 feet nor
more than 30 feet, and be located no closer than 15 feet to any side
lot line.
(8)
Gasoline or flammable oils in bulk shall be stored in accordance
with New York State DEC Part 614 regulations, and may not be closer
than 25 feet to any lot or street line.
(9)
All major repair work, storage of materials, supplies, and parts
shall be located within a structure completely enclosed on all sides,
not to be construed as meaning that the doors on any repair shop must
be kept closed at all times. Service doors for vehicles shall open
at the rear of the building.
(10)
No inoperative motor vehicle shall be kept on the premises for
longer than 14 calendar days, except in instances where necessary
repair parts have been ordered and delivery is awaited or wherever
legal title is needed for removal (abandoned vehicles).
(11)
In addition to other landscaping requirements established by
this chapter, suitable year-round buffering and landscaping shall
be provided in all rear and side yards through a mix of deciduous
and evergreen plantings.
(12)
There shall be no outdoor storage or display of either materials
or products.
(13)
No gas station shall be located within one mile of another gas
station.
(14)
Gas stations shall not be accessory to any other use.
Z.
Hotel or motel, provided:
(1)
The minimum lot area shall be 10 acres for the first 16 guest rooms,
plus an additional 6,000 square feet of lot area for each additional
guest room provided. The maximum number of guest rooms shall not exceed
60.
(2)
All uses integral to the hotel or motel development shall either be clearly accessory to the hotel or motel, as defined within Article XIII of this chapter, or shall be permitted uses or special permit uses within the zoning district in which the hotel or motel development is proposed.
(3)
Integral accessory uses shall generally be limited to the following:
(a)
Meeting rooms;
(b)
Restaurant (excluding a formula food establishment as defined in Article XIII) and dining facilities serving either guests exclusively or the general public, provided that no music or other objectionable noise shall be audible beyond the boundaries of the lot on which the use is constructed;
(c)
Recreational facilities, such as swimming pools and tennis courts
for the provision of guests;
(d)
Small personal service/retail shops fully within the hotel or
motel and selling newspapers, magazines, tobacco, small gifts, and
similar items; and
(e)
One resident apartment.
(4)
Maximum structure coverage, including all principal and accessory structures, shall not exceed 15% of lot area or that maximum lot coverage stated in the Article IV District Schedule of Area and Bulk Regulations,[12] whichever is more restrictive.
[12]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(5)
The minimum setback for any structure, parking lot or other outdoor
facility from any property line adjacent to a residential zoning district
shall be 100 feet.
(6)
The minimum frontage of the site on a public highway shall be 400
feet.
(7)
In the Gateway North (Gw-N) District, the setback from Route 9G shall
be 200 feet.
AA.
Public stable/riding academy, provided:
(1)
Minimum lot area shall be five acres.
(2)
The maximum number of horses permitted shall be limited to the
keeping of one horse per acre of lot area.
(3)
No building in which animals are housed, riding rings, and manure
storage areas shall be located within 200 feet of any residential
dwelling, lot line or street right-of-way.
(4)
Front, rear and side yard areas shall be landscaped and natural
screening shall be provided, where necessary, to harmonize with the
character of the neighborhood.
(5)
A manure management plan shall be provided for review and approval
by the Planning Board.
BB.
Conventional subdivision development, provided:[13]
(1)
Conventional subdivisions may qualify for a special use permit if the applicant demonstrates to the Planning Board how and why a conventional subdivision development layout better fulfills the policies and goals of Rhinebeck's Comprehensive Plan, compared with a conservation subdivision development, as outlined in Article V, § 125-43, of this chapter.
(2)
The applicant shall clearly demonstrate the advantages of a
conventional subdivision layout to the Planning Board with respect
to protection of productive farmland, upland habitats such as meadows
and woodlands, scenic viewsheds, rural character, historic structures,
water quality and other natural and cultural resources as stated in
the Town's Comprehensive Plan.
CC.
Auto rental or sales, small equipment rental or sales, and large
equipment rental or sales, provided:
(1)
The additional standards stated in Subsection Y of this section for gas stations or automobile service facilities shall be strictly met.
(2)
Displays used to advertise the sale of an auto or for general
sales events shall be limited to one dealer/manufacturer informational
sign per auto no larger than 8 1/2 inches by 11 inches in size.
(3)
Small equipment rental or sales and large equipment rental or
sales material storage shall occur in fully enclosed structures. There
shall be no outdoor display of goods, outdoor storage of materials,
or outdoor storage of equipment.
(4)
Large equipment rental or sales requires a front yard setback
of 200 feet.
EE.
Contractor's yard or establishment, provided:
(1)
A contractor's yard or establishment shall only be permitted
on a lot which is the actual residence of the owner of such business.
Within any residential district where a contractor's yard or establishment
is permitted by special use permit, such use shall be clearly accessory
and incidental to the principal residential use of the premises and
shall occur wholly within enclosed structures similar in scale and
appearance to residential structures, barns or agricultural structures.
No employees shall routinely work at the premises.
(2)
Within any residential or nonresidential district, such use
shall be located on a lot with a minimum area of 10 acres.
(4)
A contractor's yard or establishment must demonstrate compliance with Subsection ZZ of this section to the greatest extent practicable.
(5)
Unenclosed or semi-enclosed activity by a contractor's yard
or establishment may be authorized only within a nonresidential zoning
district. No such use shall occur within any required yard area as
set forth in the District Schedule of Area and Bulk Regulations[14] nor closer to the front property line than the principal
building on the premises. All vehicle maintenance, material storage
and any fabrication or related activities shall occur within wholly
enclosed structures.
[14]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(6)
To the extent deemed necessary for the protection of public
health and safety, link or similar fencing of any unenclosed or semi-enclosed
activity area may be required by the Planning Board.
(7)
Processing of materials is prohibited on the site.
(8)
Retail sales are prohibited on the site.
FF.
Extractive operations and soil mining in the Mining Overlay District,
provided:
(1)
The proposed operation is consistent with the Town's Comprehensive
Plan.
(2)
Minimum site area shall be 10 acres. Extractive operations and
soil mining shall be restricted to the area identified within the
Mining Overlay District on the Town of Rhinebeck Zoning Map.
(3)
The extractive operation or soil mining activity shall be restricted
to the removal of stone, gravel, soil, shale, topsoil, sand or other
natural unconsolidated earthen material. No stone crushing or the
mixing of stone and gravel with asphaltic oils or other binders shall
be authorized. Materials shall not be imported from other locations
to the site for processing or resale.
(4)
All applicable provisions of the New York State Mined Land Reclamation
Law and other state and federal regulations shall be fully complied
with.
(5)
Ingress and egress to Town roads shall be controlled by the
Town.
(6)
Routing of mineral transport vehicles on Town roads shall be
controlled by the Town.
(7)
Fees for the special permit and site plan approval and an inspection
fee based upon the proposed annual yield in cubic yards shall be payable
in accordance with the standard schedule of fees of the Town of Rhinebeck.
(8)
The New York State Mined Land Reclamation Law establishes that
the state is responsible for the regulation of both mining and reclamation
for operations that extract 1,000 tons or 750 cubic yards or more
of a mineral during 12 successive calendar months. State regulation
begins at 100 cubic yards for mining from a water body. The New York
State Department of Environmental Conservation (DEC) is the entity
responsible for administering the permits for mining applications
of this magnitude. It is the Town's intent to provide input on the
conditions that should be included in DEC mining permits issued for
operations located within the Town of Rhinebeck and to assist in the
enforcement of any resulting DEC mining permit conditions, as permitted
by the State's Mined Land Reclamation Law.
(9)
The following procedure shall apply for the approval of special
use permits for mining operations requiring a DEC permit, not previously
approved:
(a)
The Town Supervisor of the Town of Rhinebeck, upon receipt of
a complete application for a mining permit from the DEC or for a special
use permit from the Zoning Enforcement Officer, shall forward said
application to the Planning Board in a timely manner.
(b)
Planning Board recommendations.
[1]
The Planning Board may, within 30 days of the receipt of an
application, provide the DEC recommendations on conditions to be included
in the involved state mining permit, within the following categories:
[a]
Ingress, egress, and the routing of mineral transport
vehicles on roadways controlled by the Town.
[b]
Appropriate setbacks from property boundaries or
public road rights-of-way.
[c]
The need for man-made or natural barriers designed
to restrict access, and the type, length, height and location thereof.
[d]
The control of dust.
[e]
Hours of operation.
[f]
Whether mining is prohibited within the involved
zoning district.
[2]
Such recommendations shall be accompanied by documentation supporting
the involved conditions on an individual basis.
(c)
Upon receipt of the resulting DEC mining permit, the applicant
shall submit copies of the involved permit and all information provided
to the DEC in support of the application to the Planning Board. The
Planning Board shall accept the involved information as a complete
special use permit and site plan application, once the applicable
Town application fees have been received. The Planning Board shall
then incorporate into the special use permit any conditions contained
in the involved state mining permit related to:
[1]
Ingress, egress, and the routing of mineral transport vehicles
on roadways controlled by the Town.
[2]
Appropriate setbacks from property boundaries or public road
rights-of-way.
[3]
The need for man-made or natural barriers designed to restrict
access, and the type, length, height and location thereof.
[4]
The control of dust.
[5]
Hours of operation.
[6]
Reclamation requirements contained in the mine's approved reclamation
plan.
(10)
For all mining operations not requiring a DEC mining permit, the normal procedures for special use permit review and approval outlined in § 125-66 shall be used and the following special use permit conditions shall apply:
(a)
A time schedule for completion of either the entire operation
or, if excavation is to occur in stages, of each stage of the operation
is submitted for approval.
(b)
An operations plan should carefully consider the number, size
and type of trucks (including the number of axles) and other machinery
to be used on the site, including their respective noise levels, the
routing of trucks from the mine site, and the hours of operation are
subject to approval by the Planning Board. The operations plan shall
observe the following standards at a minimum:
[1]
No excavation shall be nearer than 100 feet to
any property line or street, nor shall the excavation be nearer than
300 feet to any existing residence.
[2]
Blasting must conform to Occupational Safety and
Health Administration (OSHA) regulations.
[3]
Stockpiling of materials shall be located at least
100 feet back from a public road or other property line.
[4]
No power-activated sorting machinery shall be located
within 200 feet of any public road or other property line, nor within
600 feet from a residence existing at the time of the enactment of
this chapter; and all such machinery shall be equipped with satisfactory
dust elimination and noise abatement devices.
(c)
All excavation slopes in excess of 50% shall be adequately fenced,
determined unnecessary by the Code Enforcement Officer due to the
remoteness of the mining site.
(d)
A progressive restoration and rehabilitation plan showing both
existing contours and proposed final contour after operations are
completed is submitted for approval. The rehabilitation plan shall
be completed within six calendar months after termination of the extractive
operation or other soil mining activity and shall include, but not
be limited to, restoration of the premises by grading, seeding, liming,
fertilizing, sodding, etc. so that the premises are left in a safe
and attractive condition commensurate with the surrounding landscape.
Insofar as it is practical, the plan will provide for the return of
the premises to slopes of less than one vertical foot per three horizontal
feet, to eliminate gullies and holes. Ponds created during operations
shall not become public nuisances dangerous to the general health,
safety and welfare of the general public. Insofar as is possible,
operations will not be permitted to significantly disturb the natural
drainage pattern of the area; however, if such does occur, the plan
of reclamation shall provide for the restoration of the natural drainage
pattern of the area.
(e)
A performance guarantee (performance bond or escrow deposit)
to assure rehabilitation is provided, upon recommendation of the Planning
Board and Town Engineer, in an amount and form satisfactory to the
Town Board and the Town Attorney.
(f)
Any special use permit issued under this chapter shall be limited
to a period of five years and to a mining area of seven acres, not
more than five acres of which shall be disturbed, i.e., the active
mining site or area awaiting rehabilitation at any one time.
GG.
Public or franchise utility station or structure, provided:
(1)
The station or structure shall, wherever practicable, have the
exterior appearance of a principal or customary accessory building
on a residential premises.
(2)
Suitable landscaping, including screening from public roadways
and neighboring residential properties, is provided.
(3)
Public or franchise utility station or structures shall be subject
to such additional conditions as the Planning Board may impose in
order to protect and promote the health, safety and general welfare
of the community and the character of the neighborhood in which the
proposed structure is to be constructed.
HH.
II.
Farm market, provided:
(1)
The farm market shall be operated as an accessory use to the
principal agricultural use on the farm and shall only be for the use
of the farmer-applicant.
(2)
The farm market shall not exceed 2,000 square feet of floor
area for each 20 acres of farm property used in agricultural production
and/or animal husbandry. The farm market shall consist of a single
story. Nothing herein shall preclude the use of a legally existing
agricultural accessory building on a farm for this use, provided that
no greater area than the foregoing is used as a farm market unless
the farmer-applicant can demonstrate that such additional square footage
are shown to be necessary to the proposed farm market operation and
will not produce an undesirable change in the character of the neighborhood
or a detriment to nearby properties and will not have an adverse impact
on the physical or environmental conditions of the neighborhood or
district.
(3)
At least 25% of the total amount of the annual retail sale of
agricultural, horticultural, floricultural, vegetable and fruit products,
soil, livestock and meats, poultry, eggs, dairy products, nuts, honey,
wool and hides and other agricultural or farm products shall be grown,
raised or produced on the farm on which the farm market is located.
Processed food, where the majority of the ingredients are grown on
the farm, shall be considered part of the 25% minimum; these include
but are not limited to baked goods and mixes, eggs, dairy products,
juice, preserves, syrups, vinegars and salad dressings. The farm market
may sell farm products grown or processed regionally (i.e., within
the State of New York), provided that said products do not exceed
75% of the total annual retail sales of the farm market. A maximum
of 25% of the total annual retail sales may be in agricultural products
grown or processed outside the State of New York. No other grocery
items, or products not listed here may be sold. Receipts and records
of product purchases must be kept by the farmer-applicant.
(4)
The farm market may sell food prepared on premises, using primarily
agricultural and farm products sold at the farm market.
(5)
The farm market may sponsor and conduct farm and harvest festivals on site, provided that the number of festivals each year is not greater than 12, no carnival-type rides are utilized, the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers, and if the festival involves 500 or more attendees, a mass gathering special use permit pursuant to Chapter 83 of the Town Code is secured prior to the event(s).
(6)
A farm market may be operated on a year-round basis and may
contain bathrooms and/or an area for food preparation occupying no
more than 20% of the gross floor area of the farm market.
JJ.
Automated teller machine (ATM), provided:
(1)
All ATM banking machines shall be located within the interior
of a building, whether such building consists of a banking institution
or is located in a building or facility whose primary purpose is unrelated
to banking activities.
(2)
In no case shall an ATM machine be located in a facility open
to the outdoor air or any defined parking area so as to require compliance
with the New York State ATM Safety Act.[16] The ATM Safety Act requires minimum lighting standards that exceed the Town of Rhinebeck's lighting regulations found in Article V, § 125-56.
[16]
Editor's Note: See Banking Law § 75-a et seq.
KK.
Active senior housing development, as defined in Article XIII of this chapter, in the Active Senior Housing - Floating (ASH-F) District, provided:
(1)
Active Senior Housing - Floating (ASH-F) Districts are established in accordance with the procedures for zoning amendments found in Article XII of this chapter. An Active Senior Housing District is established only after the provisions contained herein are considered and a Zoning Map change has been approved by the Town Board.
(a)
Senior citizen or elderly housing developments within Active
Senior Housing - Floating Districts are limited to establishment in
the Rural Agricultural (RA10), Rural Countryside (RC5), and Village
Gateway (VG) Zoning Districts.
(b)
The purpose of the Active Senior Housing - Floating District
is to integrate such developments throughout the community so that
no one neighborhood or area contains a concentration of such uses.
No Active Senior Housing - Floating District shall be located within
one mile of another Active Senior Housing - Floating District.
(c)
The Town Board shall consider the number, location, and size
of all existing senior housing developments within the Town and the
potential impacts of such additional senior housing units on community
services and the community character.
(d)
The Town Board shall consider the need for a balanced diversity
of housing options, locations, and costs to provide appropriate housing
for all citizens whatever their life stage or income status.
(e)
The Town Board shall consider the need to integrate senior housing
wholly into the Town's Comprehensive Plan decision-making process.
(f)
The Town Board shall consider the effects of establishing an
Active Senior Housing District on the Town's standard and green infrastructure,
community facilities and services, schools, environmental quality,
economic development, and transportation.
(g)
The Town Board shall seek to minimize economic and age stratification
of the community by promoting infill housing that encourages compatibility
of senior housing developments with existing housing stock.
(h)
The Town Board shall consider the extent to which senior housing
developments have not only good immediate utility, but also represent
a long-term value-added investment to the neighborhood and the community.
(2)
Application procedures for approval of a senior citizen or elderly housing development are set forth herein at Subsection KK(18) below.
(3)
The development area required shall be a minimum of 40 contiguous acres within the RA10 District, 30 contiguous acres within the RC5 District, and 20 contiguous acres within the VG District. Regardless of the zoning district or the minimum acreage requirement, the maximum number of dwelling units within an individual senior citizen or elderly housing development shall be 120 dwelling units. A minimum of 10% of the total number of development units shall be provided on-site within the active senior housing development and permanently dedicated as affordable housing units, as defined and regulated under the Town of Rhinebeck affordable housing program found in Article V, § 125-63, of this chapter.
(4)
The site shall be provided with water supply and sewage disposal
facilities, through creation of new or connection/expansion (as appropriate)
of existing community water supply and sewage disposal facilities
in accordance with the requirements of the Town of Rhinebeck, the
Dutchess County Department of Health and the New York State Department
of Environmental Conservation. The applicant shall bear the full responsibility
of providing for the water supply and sewage disposal needs of the
development.
(5)
The development shall be designed and clustered following the four-step design process for conservation subdivisions found in Article V, § 125-43G(3), of this chapter, to provide a conveniently serviced development pattern and to provide usable open space for the development's residents. The Town Board shall prescribe the minimum amount of open space for each Active Senior Housing - Floating District created, but in no case shall there be less than 50% open space within any senior housing development as defined herein.
(6)
One-and-two-tenths off-street parking spaces shall be provided
for each senior citizen or elderly dwelling unit.
(7)
The minimum front, side and rear yards otherwise applicable
to either building or parking area improvements with the respective
underlying zoning district in which the senior citizen or elderly
housing development is situated (i.e., prior to establishment of the
Active Senior Housing - Floating District) shall be doubled, i.e.,
increased by 100%.
(8)
Maximum impervious coverage, including all principal and accessory
structures, shall not exceed 15% of lot area.
(9)
Senior citizen or elderly housing developments shall be integrated
into existing residential neighborhoods and shall be as compatible
as practical with the design of the surrounding neighborhood.
(10)
First preference for dwelling units in a senior citizen or elderly
housing development shall be given to existing residents of the Town
of Rhinebeck, with second preference given to other residents of Dutchess
County, and then to all others, as permitted by law. A valid photo
identification card such as a New York State driver's license, a New
York State non-driver photo ID card, or a voter registration card
will be accepted as proof of residency.
(11)
Available support services and facilities provided may include,
but are not necessarily limited to, the following:
(a)
Emergency medical care.
(b)
Community room.
(c)
On-site recreational opportunities, including a game room, recreation
room, workshop facility, swimming pool, sauna and/or whirlpool, exercise
or multipurpose room, and gardens where residents can participate
in gardening activity.
(d)
Property maintenance and security.
(e)
Ombudsman-type services to deal with social service and related
needs and/or part-time doctor, dentist or podiatrist office.
(f)
Twenty-four-hour call button.
(g)
Optional meals and laundry service.
(h)
Shuttle-type transportation service for shopping, recreation,
health-care visits and other purposes.
(i)
Dining facility and/or coffee shop.
(12)
Not less than 25% of the dwelling units within the senior citizen
or elderly housing development shall be designed to be adaptable as
suitable, convenient living environments for handicapped persons.
Furthermore, the project site and all primary entrances, hallways
and entrances to individual units shall be wheelchair- and handicapped-accessible.
(13)
The occupancy for a senior citizen housing development shall
be limited to persons who are 62 years of age or older, with the following
exceptions:
(a)
A husband or wife under the age of 62 years who is residing
with his or her spouse who is of the age of 62 years or older.
(b)
Adults under the age of 62 years will be admitted as permanent
residents if it is established that the presence of such persons is
essential for the physical care or economic support of the eligible
older occupant or occupants.
(c)
Certifying documentation of the requirements of this section
shall be provided in the following forms:
[1]
A certificate of occupancy shall be required for
each dwelling unit in a senior citizen housing development, and said
certificate shall only permit occupancy in accordance with the floor
area and other requirements as stated herein.
[2]
A certificate of compliance shall be filed for
each unit occupied. It shall be the duty of the owner or his agent
to file a certificate of compliance with the Town Zoning Enforcement
Officer, indicating compliance with this section and the Town of Rhinebeck
Zoning Law, as to its requirements relating to the number of occupants
and the age of the occupants in each dwelling unit. The certificate
shall be filed for each dwelling unit within 30 days after its initial
occupancy. A new certificate shall be filed within 30 days after any
change of occupancy.
[3]
The applicant and/or owners of a senior citizen
or elderly housing development under this subsection shall file with
the Zoning Enforcement Officer, before the first Monday in December
of each calendar year of operation, a report on forms supplied by
the Zoning Enforcement Officer, for compliance with all provisions
of this section.
(14)
Senior housing sites shall provide residents with reasonable
access to such conveniences and facilities as public transportation,
hospital and medical services, shopping, check-cashing facilities,
drugstores, religious, cultural and recreational facilities and personal
services.
(15)
Sites shall emphasize pedestrian circulation and shall provide
a safe and reasonable system of drives, service access and parking
conveniently accessible to all occupants. Sidewalks shall link parking
lots, transit stops and buildings on site and with adjacent properties.
(16)
Exterior architectural features shall be of a quality, character,
compatibility and appearance that is in harmony with the surrounding
neighborhood and the Town of Rhinebeck. The Planning Board shall be
responsible for the review and recommendation of such exterior architectural
features.
(17)
Exterior areas shall be attractive and encourage outdoor activities
and social interaction. Each dwelling unit shall contain a minimum
of 65 square feet of outdoor common area per person and shall include
seating accommodations in such common areas. All outdoor tables must
allow a minimum of 29 inches from the ground to the underside of the
top of the table to accommodate the arms of wheelchairs. Outdoor common
areas shall be well-defined by landscape plantings and shall be linked
to the natural open space of the site.
(18)
Application procedures for senior citizen or elderly housing
developments are set forth as follows:
(a)
Prior to consideration of a Zoning Map amendment, under the procedures established in Article XII of this chapter, senior citizen or elderly housing developments are first subject to review and approval of an overall concept plan by the Town Board. The use of a collaborative Charrette planning process, modeled on the guidelines and standards established by the National Charrette Institute (NCI), is encouraged for the development of the concept plan. The Town Board shall assure full opportunity for public participation in the development of the concept plan.
(b)
The establishment of an Active Senior Housing District pursuant
to this subsection shall be deemed to be a legislative act to be exercised
in the sound discretion of the Town Board. The Town Board shall be
under no obligation to accept an application for such rezoning, nor
shall it be obligated to approve such application for rezoning after
the application is accepted. The Town Board shall, in exercising its
legislative discretion, take into account, among other things:
(c)
The applicant shall submit to the Town Board a preliminary concept
plan that includes all of the following components:
[1]
General statement. The preliminary concept plan
shall include a narrative which describes how the proposal serves
the goals and objectives of the Town Comprehensive Plan. This narrative
should include information about potential phasing, an explanation
of how the proposal complies with the design standards set forth herein,
a description of the housing mix, including affordable units and other
proposed uses, and a discussion of compliance with LEED standards.
[2]
Environmental analysis. The preliminary concept plan shall include a map showing New York State protected freshwater wetlands, federal jurisdictional wetlands, Town-regulated wetlands, streams, one-hundred-year floodplains, ecologically significant habitats as identified by Hudsonia Ltd. (maps showing such areas are on file in the office of the Town Clerk), areas of 25% and greater slope, and such other environmental features and development limitations that would affect development of the site as more fully described in Article V, § 125-43G, of this chapter.
[3]
Sketch plan. The preliminary concept plan shall
include a sketch plan, showing at an appropriate level of detail,
buildings and other structures, the pedestrian, bicycle, and vehicle
circulation system, vehicle parking areas, open space areas, and other
required items. The sketch plan shall be designed to be an illustrative
plan that can serve as a template for the application of specified
design principles in order to achieve a desired form and appearance
of development. The information provided shall include the following:
[a]
All improvements planned in conjunction with the
proposed uses, including general locations, layout, and dimensions
of structures, parking areas, streets, utilities, recreation areas,
conservation areas, and other information necessary to demonstrate
compliance with the requirements of this subsection, including square
footage of building floor area, numbers of residential units, and
impervious surface coverage.
[b]
Conceptual plans for possible future uses.
[c]
Project phasing. Project phasing is a means to
provide transportation, water supply, wastewater, emergency, and other
accommodations sufficient to meet the needs of proposed residential
and other uses. The phasing plan shall include the proposed sequence
of phasing of the construction of infrastructure and buildings and
the ratio of residential and other nonresidential floor space to be
built in each phase with estimated dates. In addition, the plan should
address any proposed temporary uses or locations of uses during construction
periods.
[d]
Fiscal impact. A standard fiscal impact model,
such as the one described in Rutgers University's Center for Urban
Policy Research publication entitled "The Fiscal Impact Handbook,"
may be used to describe such fiscal effects.
[e]
Projected transportation impacts. These include
the expected number of trips (peak and daily), an analysis of the
impact of those trips on the adjacent road system, and proposed mitigation
measures to limit any projected negative impacts. Mitigation measures
may include improvements to the road system or specific programs to
reduce traffic impacts such as developing/encouraging use of public
transit, jitney service, pedestrian and bicycle facilities as well
as proposed connections to existing or planned pedestrian and bicycle
facilities, and other alternatives to single-occupancy vehicles.
[4]
SEQRA — DGEIS. The concept plan shall be
subject to review of a draft generic environmental impact statement
under SEQRA. The level of detail provided should reflect the degree
to which the applicant has refined their conceptual plans. The level
of detail provided in the DGEIS may affect the site-specific SEQRA
review required at the site plan and special use permit review stages.
When more site-specific information is provided at the DGEIS stage,
lesser information may be required at the site-specific SEQRA review
stage. In any case, the 6 NYCRR 617 review procedures for generic
environmental impact statements shall govern the generic and site-specific
review processes.
[Amended 7-25-2016 by L.L. No. 5-2016]
[5]
Planning Board. If the Town Board receives a proposal
for approval of a concept plan, the Town Board shall refer such concept
plan to the Town Planning Board for its review and recommendations.
The Planning Board shall review the concept plan and shall discuss
it with the applicant at a regular meeting. The Planning Board may
invite informal public comment at such a meeting. The Planning Board
shall report its recommendations to the Town Board within 60 days
after its next regularly scheduled meeting following the date of such
referral of the proposed concept plan. The Planning Board's recommendation
may be to adopt, adopt with modifications, or reject the proposed
concept plan. If the Planning Board fails to report within 60 days,
it shall be deemed to have no objections.
[6]
Public hearing. Prior to approving a concept plan, the Town Board shall hold a public hearing on the concept plan in accordance with the zoning amendment procedures contained in Article XII. If the Planning Board provides a report recommendation to the Town Board, as provided for herein, said report shall become an official part of the minutes of the public hearing.
[7]
Town Board action. The Town Board shall refer the
application to the Dutchess County Department of Planning and Development,
under § 239-m of General Municipal Law, prior to taking
action on the application. Following refinement of the preliminary
concept plan based upon public participation in its development, completion
of the public hearing, referral to the county, and the generic SEQRA
review process, the Town Board may act to approve, approve with modifications
or conditions, or disapprove the concept plan application and Zoning
Map amendment for the ASH-F District in the exercise of its sole legal
discretion. Approval of the concept plan application and Zoning Map
amendment shall be with the recognition that the rezoning constitutes
a legislative act. Nothing in these regulations shall limit the Town
Board's ability to further restrict or to waive any provision of this
subsection, other than the density determination and use of the conservation
design process for the overall design of the senior citizen or elderly
housing development, which shall not be waived.
[Amended 7-25-2016 by L.L. No. 5-2016]
[8]
Planning Board approval. Prior to the issuance of any building permit within an ASH-F District, detailed site plan and special use permit applications shall be approved by the Planning Board in accordance with the provisions of Articles VI and VII of this chapter, and no building or other site development shall be commenced except in conformity with such approved plans and permits.
[a]
The Planning Board shall not approve any special
use permit for a senior citizen or elderly housing development unless
said Board finds that the use is in substantial conformance with the
concept plan which served as the basis for the Town Board approval.
[b]
The Planning Board shall not approve any site plan
for a senior citizen or elderly housing development unless said Board
finds that the site plan is in substantial conformance with the concept
plan which served as the basis for the Town Board approval of the
Active Senior Housing District Zoning Map amendment.
LL.
Country Inn 1, provided:
(1)
A minimum lot area of 20 contiguous acres is required for a
Country Inn 1.
(2)
The minimum number of guest rooms in a Country Inn 1 shall be
six, and the maximum number of guest rooms in a Country Inn 1 shall
be 12.
(3)
Accessory recreational uses may include tennis, riding stables (see Subsection AA above for additional requirements of a riding facility), swimming pool, hiking trails, Par 3 golf, cross-country skiing and similar low-impact facilities, such recreational facilities limited to guests of the country inn.
[Amended 7-25-2016 by L.L. No. 5-2016]
(4)
Access to a Country Inn 1 shall be from a state, county or through
Town road.
MM.
Country Inn 2, provided:
(1)
Country Inn 2 provides for commercial hospitality uses consisting
of lodging units in spacious settings that are principally intended
for vacationing, relaxation, and conference activities. Commonly incidental
recreation-oriented uses, including spa facilities, horseback riding
facilities, and hiking, swimming, tennis and other similar outdoor
activities are an integral part of this use. Extended vacation and
recreation-oriented uses are permitted. Private hospitality membership
club(s) that are private member-only whether by virtue of a rewards
club or buy-in shall be permitted, subject to equivalent type and
quality for food and beverage operations being available for general
public use, and all area residents having the ability to become members
without regard to race, color, religion, sex, national origin, age,
marital status, sexual or gender orientation, or political affiliation.
In no event shall a lodging unit be used as a primary residence.
[Amended 3-22-2021 by L.L. No. 2-2021]
(2)
Facilities that may be contained within the Country Inn 2, in
addition to lodging units, include but are not limited to a restaurant,
library, reception facilities, conservatories, health spa, banquet
facility, child care to accommodate guests, game rooms, athletic facilities,
business and/or meeting rooms, retail sales incidental to the uses
provided, and the various support functions such as laundries, kitchens
and administrative offices.
(3)
Accessory buildings may include but are not limited to stables,
barns, retreat buildings, clubhouses, athletic-related structures
to support permitted outdoor activities and maintenance structures.
Temporary and/or seasonal structures for events require Planning Board
approval.
(4)
A maximum of 100 lodging units are permitted without a bonus. Applicants proposing adaptive reuse and/or rehabilitation of structures listed on the National Register of Historic Places shall be eligible for a bonus of up to 15% in the number of lodging units, provided such adaptive reuse and/or rehabilitation complies with Article V, § 125-62G, of this chapter. With a bonus, a maximum of 115 lodging units shall be permitted within a Country Inn 2.
[Amended 3-22-2021 by L.L. No. 2-2021]
(5)
A
maximum of 135 guest rooms are permitted without a bonus. Applicants
proposing the provision of publicly accessible hiking trails or similar
facilities as determined by the Planning Board, shall be eligible
for a bonus of up to 15 guest rooms. With a bonus, a maximum of 150
guest rooms shall be permitted within a Country Inn 2.
[Added 3-22-2021 by L.L. No. 2-2021[17]]
(6)
Primary access shall be from a state highway. Alternative transportation
methods shall be considered to minimize potential traffic impacts.
(7)
A minimum lot area of 250 gross acres is required for a Country
Inn 2. When an applicant proposes a Country Inn 2 development on a
parcel or combined parcels of land in excess of 250 acres, the applicant
shall retain the right to develop that portion of the property in
excess of 250 acres which is not dedicated to, or used in conjunction
with, the Country Inn 2 development, for other uses permitted, or
specially permitted in the Zoning Law provided:
(a)
The additional development is not incompatible with the Country
Inn 2 development;
(b)
The provisions of this chapter, including but not limited to
the District Schedule of Use Regulations, the District Schedule of
Area and Bulk Regulations,[18] supplementary regulations, special use permit requirements
and site plan requirements that are applicable to the proposed additional
use and development, are adhered to; and
[18]
Editor's Note: The Schedules of Area, Bulk and Use Regulations are included as attachments to this chapter.
(8)
A public, private or semi-private golf course is allowed as accessory to a Country Inn 2 by issuance of an additional special use permit, provided the golf course meets the additional special use permit conditions in Subsection OO herein, but excluding the additional acreage required for the golf course.
(9)
No building or parking area associated with the outdoor recreational
use shall be located closer than 100 feet to any property line or
within 250 feet of any existing neighboring residence. Any such building
or parking area shall be effectively screened by intervening an landform
or natural vegetation from all neighboring properties and public rights-of-way.
(10)
Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, which approval must be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. Such facilities shall comply with the Town's lighting and noise regulations found in Article V, §§ 125-56 and 125-58.
(11)
No facility for active recreational use shall be located within
250 feet of any property line.
(12)
No single new building constructed in connection with an outdoor
recreational use or facility authorized under this subsection shall
exceed 5,000 square feet of gross floor area. The square footage of
the clubhouse shall be determined to meet the required needs and services
of the Country Inn 2, and shall be designed to be sensitive to the
overall site. Any buildings used for agricultural activities in connection
with the Country Inn 2, such as barns or stables, shall be exempt
from the 5,000 square foot limitation.
(13)
Except as may be further restricted by the Planning Board in
its consideration of a specific application for a special use permit,
hours of operation for any outdoor recreational use or facility authorized
under this subsection shall be limited to the period 7:00 a.m. through
9:00 p.m. daily.
(14)
The following objectives shall be satisfied:
(a)
The exterior of existing dwellings, barns and related structures,
if applicable, shall be restored whenever feasible. Consideration
shall be given to quality of original architecture and subsequent
modifications, current condition and relationship of the structures
to the overall property or area when considering the feasibility of
restoration.
(b)
Existing formal and informal landscaping, stone wall and entrance
gates shall be restored whenever feasible.
(c)
New construction shall be sited so as to have a minimum impact on the natural environment. Unique natural areas and open spaces such as streams, ponds, wetlands, steeply sloped areas, woodlands, and other sensitive environments shall be preserved to the greatest extent practicable. Where preservation is not practicable, appropriate mitigation measures shall be used to avoid or reduce impacts on such natural resources, as required by SEQRA. Where preservation is practicable, an open space plan shall be prepared by the applicant and approved by the Planning Board, that demonstrates how such open space areas and other lands will be preserved. Open space areas shall be permanently preserved by a conservation easement, in accordance with the requirements set forth in Article V, § 125-43L, of this chapter.
[Amended 7-25-2016 by L.L. No. 5-2016]
(d)
The maximum floor area shall not exceed 5% of the land included
in the project proposal.
(e)
The development shall be found to be in harmony with the objectives
of the Town Comprehensive Plan and the Local Waterfront Revitalization
Program.
NN.
Major excavation and/or tree clearing, but not including uses defined
and classified under this chapter as extractive operations and soil
mining, agriculture, or forestry, provided:
(1)
It is the established policy of the Town of Rhinebeck that the natural topography of the land is a public asset which should be preserved and safeguarded. The various features of such topography, including the topsoil and other natural materials that constitute the land, the shape or contour of the land, the plant life and wildlife that is fostered on the land and the water or the flow thereof upon the land, are of prime concern to the welfare of the people of the Town of Rhinebeck. No changes shall be permitted in such topography or vegetation except those which are absolutely necessary, in order to permit the appropriate use of land, and then only after meeting the conditions of this subsection upon issuance of a special use permit by the Planning Board. This subsection applies equally to excavation and/or tree clearing where no development approvals (such as subdivision, site plan and special use permit) are sought by a landowner and as part of site preparation for land development activities (see Article V, § 125-39) for which a subdivision, site plan or special use permit approval has been granted by the Planning Board or for which a valid building permit has been issued by the Town Code Enforcement Officer. Also refer to § 125-39, Excavation as part of site preparation; § 125-54, Development within Water Resources Protection Overlay (WR-O) District; § 125-55, Preservation of natural and cultural features; design standards; § 125-57, Landscaping standards; § 125-60, Stormwater management; and § 125-135, Terms used throughout chapter, of this chapter and Town Code Chapter 101, Subdivision of Land, § 101-6.2, Subdivision design standards.
[Amended 7-25-2016 by L.L. No. 5-2016]
(2)
The site plan shall include pertinent information regarding
site boundaries, existing man-made and natural features, including
streams, wooded areas, all trees over six inches in diameter at breast
height, wetlands, and both existing and proposed topography, vegetation
and proposed revegetation within and adjacent to the area affected
by the intended excavation, soil removal, grading activity or tree-clearing
activity. The specific location of the intended activity within the
parcel, the extent and depth of either cut and/or fill proposed, the
specific trees to be removed, and proposed site grading and associated
rehabilitation, including replanting of trees, whether through the
installation of ground cover, shrubs and trees, creation of water
bodies, or other means, shall be fully described on the site plan
drawings.
(3)
A time schedule for completion of the activity shall be submitted
for approval, with a requirement that all aspects of the intended
tree clearing, removal, fill or grading activity, including associated
rehabilitation, be completed within a period of not more than six
calendar months from the start of work or within such lesser period
between the deferred time work begins and the cessation of the special
use permit.
(4)
To the extent deemed necessary by the Planning Board, the installation and related maintenance of appropriate soil erosion and sediment control measures, until approved site rehabilitation has occurred and become established, shall be required. The applicant shall demonstrate compliance with Article V, § 125-59 (the habitat and natural resource management regulations) and Article V, § 125-60 (the stormwater management regulations) of this chapter.
(5)
Except to the extent deemed necessary by the Planning Board
and consented to in writing by the adjacent property owner or owners,
no excavation, fill, or grading activity that will result in creation
of an exposed slope greater than one foot vertical to 10 feet horizontal
within 50 feet of a property line or within 100 feet of a neighboring
residence shall be authorized. The above notwithstanding, in no event
may any exposed slope so located exceed one foot vertical to five
feet horizontal.
(6)
At the discretion of the Planning Board, a performance guarantee
(irrevocable letter of credit, certified check, performance bond,
escrow deposit or other acceptable assurance, equal to the cost of
the proposed work) to assure rehabilitation may be required and, if
so, shall be provided. Upon recommendation of the Planning Board and
Town Engineer, the guarantee shall be in an amount and form satisfactory
to the Town Board and the Town Attorney and shall be accompanied by
written assurance that the major excavation or tree clearing shall
be completed in accordance with the approved site plan.
(7)
Any special use permit for major excavation or tree clearing
issued under this chapter shall terminate one calendar year from the
date of issuance.
OO.
Golf course or country club with a golf course, provided:
(1)
A minimum lot area of 110 contiguous acres is required for a
golf course or country club with a golf course.
(2)
The facility complies fully with the limitations set forth in the general definition of "outdoor recreation use" in Article XIII.
(3)
The facility falls fully within the more specific definition of "golf course" as also set forth in Article XIII.
(4)
No building, parking area, practice area or other appurtenant
feature associated with the use shall be located closer than 100 feet
to any property line or within 250 feet of any existing neighboring
residence. Any such building or parking area shall also be effectively
screened by intervening an landform and/or natural vegetation from
all neighboring properties and/or public rights-of-way.
(5)
No in-bounds portion of the golf course shall be located within
100 feet of any property line of any existing neighboring residence
or heretofore platted residential building lot.
(6)
Access to the facility shall be from a state or county highway.
(7)
Specific detailed plans for public address systems and/or lighting or other special effects associated with the golf course or country club shall be submitted to the Planning Board as part of the initial application for special use permit. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. Such facilities shall comply with the Town's lighting and noise regulations found in Article V, §§ 125-56 and 125-58.
(8)
The natural (i.e., undeveloped) open space areas of the golf
course shall be preserved to the extent practicable by conservation
easement or other appropriate legal mechanism in the site and/or subdivision
plans and deed, acceptable to the Planning Board and Town Attorney.
The Town of Rhinebeck encourages applicants to provide hiking trails
for public use, if feasible.
(9)
As part of the SEQRA environmental review process, the Planning
Board, if acting as lead agency, should consider the development and
use of a comprehensive guidance document for the management of natural
resources and environmental impacts associated with the golf course
to minimize or avoid the effects of regrading, removal of vegetation,
loss of natural habitats and loss of animal species on the site. The
natural resource management goals of such a guidance document would
be to plan for:
[Amended 7-25-2016 by L.L. No. 5-2016]
(a)
Wildlife conservation and habitat enhancement;
(b)
Waste reduction and management;
(c)
Energy efficiency;
(d)
Water conservation;
(e)
Water quality management and monitoring; and
(f)
Integrated pest management, including an organic (i.e., no or
low pesticide use) approach to golf course management.
PP.
Bed-and-breakfast establishment, provided:
(1)
The bed-and-breakfast establishment shall be created as an accessory use and a home occupation, as defined in Article XIII of this chapter, occupying a portion of a single-family dwelling or a lawfully existing structure.
[Amended 7-25-2016 by L.L. No. 5-2016]
(2)
Upon conversion of a portion of its floor area to a bed-and-breakfast
establishment, the residential dwelling shall retain at least one
bedroom for the exclusive use of the occupant(s) of the principal
dwelling unit to which the bed-and-breakfast establishment is accessory.
(3)
The bed-and-breakfast establishment shall neither offer more
than five rooms for rent for transient occupancy nor shall the establishment
accommodate more than 10 guests on any occasion.
(4)
The operator of the establishment shall be a principal occupant
of the dwelling in which the guest rooms are located.
(5)
Approval has been granted by the Dutchess County Health Department
for any required new on-site sanitary sewage or water supply facilities,
including, as may be applicable, certification through Health Department
approval. Such approval shall certify that the on-site water supply
and sewage disposal facilities are sufficient to accommodate the additional
demands of the bed-and-breakfast establishment on the residential
premises where such accessory use is proposed.
(6)
Other licensing requirements administered by the Dutchess County
Health Department and applicable to bed-and-breakfast establishments
are satisfied.
(8)
As in the case of other authorized home occupations, a single
identity sign not exceeding four square feet in total surface area
shall be permitted. Unless attached to the principal structure, no
such sign shall be located closer than 15 feet to the front property
line, nor closer than 20 feet to any other property line.
QQ.
Commercial recreation facility, provided:
(1)
The minimum lot area for any facility either wholly or partially
outdoors shall be not less than five acres.
(2)
No active outdoor area related to the commercial recreation
facility may be located closer than 100 feet to any property line
or 250 feet to any existing neighboring dwelling at the residential
district boundary. Both the active outdoors area and all parking service
areas and the like associated with the facility shall be effectively
screened by an intervening landform and/or vegetation from all neighboring
properties and public rights-of-way.
(3)
Specific detailed plans for public address systems and/or lighting
or other special effects associated with the outdoor areas of the
commercial recreation facility shall be submitted to the Planning
Board as part of the initial application for special use permit. Approval
shall be preceded by a clear demonstration by the facility owner and/or
operator that the features are both essential and will create no adverse
effect on neighboring residential properties.
(4)
No tavern or bar shall be operated on the premises; alcoholic
beverages shall not be sold.
(5)
Except as may be further restricted by the Planning Board in
its consideration of a specific application for special use permit,
hours of operation for the outdoor portion of any commercial recreation
facility shall be limited to 7:00 a.m. through 10:00 p.m. daily.
RR.
Fast-food establishment, as defined herein, provided:
(1)
Hours of operation shall be reviewed and approved by the Planning
Board so as to be compatible with adjacent uses and residential areas
and to avoid the creation of any nuisance condition; and
(2)
The inclusion of accessory recreational facilities or similar
amusement areas, including tot lots, video games and the like, as
part of the fast-food establishment shall be strictly prohibited;
and
(3)
The establishment shall not alter the identity of Rhinebeck
in a way which detracts from its uniqueness or contributes to a nationwide
trend of standardized fast-food offerings; and
(4)
The establishment shall contribute to a diverse and appropriate
blend of uses in the district and shall not be located within 2,000
feet of another fast-food establishment; and
(5)
The establishment shall complement the uses already located
in the district and must help promote and foster the economic base
as a whole; and
(6)
The establishment shall be compatible with existing surrounding
uses and shall be designed and operated in a nonobtrusive manner to
preserve the community's character and appearance; and
(7)
The establishment shall not provide a drive-through window or
drive-in service due to high volumes of traffic and potential for
vehicle back-up on highways as well as vehicle idling, air quality
and respiratory health concerns, greenhouse gas emissions, waste of
fossil fuels and noise; and
(8)
The establishment shall not exceed 2,000 square feet on the
ground floor; and
(9)
The establishment shall not create a substantial impact to the
public safety from increased traffic. The Planning Board may require
a traffic study.
SS.
Funeral home, provided:
(1)
The funeral home maintains the appearance and the building and
site design characteristics of a residential dwelling.
(2)
The funeral home shall be located on a single lot with no less
than the minimum lot area specified for the zoning district.
(3)
Access to the funeral home shall occur directly from a state
or county highway or by a through Town road other than a residential
subdivision street.
TT.
Veterinarian's office (fully enclosed), provided:
(1)
The veterinarian's office maintains the appearance and the building
and site design characteristics of either a residential dwelling or
a farm building.
(2)
The veterinarian's office shall be located on a single lot with
no less than the minimum lot area specified for the zoning district.
(3)
Access to the veterinarian's office shall occur directly from
a state or county highway or by a through Town road other than a residential
subdivision street.
(5)
If the veterinarian's office includes the boarding of animals, other than sick and recuperating animals that are receiving short-term treatment, then the applicant shall additionally meet the requirements for commercial boarding or breeding kennels in Subsection U of this section, and the minimum acreage required for the zoning district by the District Schedule of Area and Bulk Regulations[20] shall be doubled.
[20]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
UU.
Sawmill and related uses, provided:
(1)
The minimum lot area shall be 25 contiguous acres.
(2)
All elements of the sawmill, including storage areas for logs
and sawn lumber, bark, sawdust and other waste materials, buildings
and equipment areas shall be screened by an existing landform and/or
vegetation from the direct view of abutting residential properties
and public roadways.
(3)
All buildings or other structures and all equipment or storage areas associated with the sawmill shall be located not less than 250 feet from any property line, nor less than 500 feet from any neighboring dwelling. Additional setbacks may be imposed by the Planning Board as a condition of approval of the special use permit to provide sound buffering to nearby residential uses. In all cases, sawmills and related uses shall comply with the Town noise regulations (see Article V, § 125-58).
(4)
No storage area for logs, sawn lumber or vegetative waste materials
shall be located within 100 feet of any stream, other water body or
well providing a source of potable water.
(5)
Access to the sawmill shall be provided directly from a state
or county highway or by a through Town road other than a residential
subdivision street.
(6)
Hours of operation shall be limited to 7:00 a.m. through 8:00
p.m., Monday through Saturday.
(7)
Sawmill wastes (such as bark and sawdust) shall be removed for
recycling on a regular basis, preferably for composting, bioenergy
production, and other environmentally sustainable purposes.
VV.
Marinas, boat clubs, boathouses, boat ramps, docks and moorings,
provided:
(1)
Jurisdiction over marinas, boat clubs, boathouses, boat ramps,
docks and moorings in the Town of Rhinebeck shall extend 1,500 feet
from the mean high water mark of the Hudson River or to the westerly
limits of the Town's municipal boundary, whichever is greater.
(2)
All marina projects shall include, as appropriate, sufficient
parking, parklike surroundings, rest rooms, adequate water supply,
adequate sanitary sewage and trash disposal and recycling facilities
and arrangements, including marine sewage pump-out facilities.
(3)
To the extent feasible, marina basins shall be designed for
maximum tidal flushing and circulation in consideration of both river
currents and wind action.
(4)
Any marina shall be located in an area where the physical attributes
required by marinas already exist and where minimal initial and subsequent
maintenance dredging would be required. The Planning Board shall consider
the extent to which submerged aquatic vegetation will be disturbed
and the potential adverse impacts of removal of such vegetation by
the application.
(5)
Dedicated parking spaces for vehicles and trailers shall be
provided a minimum rate of 0.75 such parking space per slip, plus
whatever additional spaces are required for employees or as may be
required by this chapter for other uses or activities authorized on
the premises.
(6)
All applicable compliance review, permit and/or approval requirements
administered by the Town of Rhinebeck through its Local Waterfront
Revitalization Program, Dutchess County Health Department, the New
York State Department of Environmental Conservation or Department
of State Coastal Management Program, the United States Army Corps
of Engineers or the Federal Emergency Management Agency shall be strictly
met.
(7)
Fuel dispensing shall be prohibited.
WW.
Passive adult uses, provided:
(1)
That the passive adult use, as defined in Article XIII of this chapter, complies with the following requirements as to location, in addition to any other applicable requirements of this chapter:
(a)
No building containing a passive adult use shall be located
within 1,000 feet of any lot or parcel that has been improved with
a residential dwelling or for which an application for land use or
building permit approval of a residential dwelling or dwelling unit
was filed prior to the date of filing of a special use permit application
for a passive adult use.
(b)
No building containing a passive adult use shall be located
within 1,000 feet of any lot or parcel on which a public or private
school, house of worship, day-care use, park, existing playground
or recreational facility open to the general public is located.
(c)
In determining location requirements pursuant to this subsection, all required distances shall be measured from the nearest lot line of the lots or parcels containing any of the uses in Subsection WW(1)(a) or (b) to the nearest part of the building in which the passive adult use is proposed to be located.
(2)
That such use shall be one which is specifically authorized
as a special permit use in the district within which such particular
site is located.
(3)
That the total floor area devoted to the passive adult use shall
not exceed 2,500 square feet, exclusive of cellar space used for enclosure
of mechanical, heating and similar building equipment.
(4)
That no more than one passive adult use shall be located on
any lot.
(5)
That the passive adult use complies with all applicable area
and bulk regulations set forth in this chapter, in addition to the
requirements herein.[21] Compliance with the minimum distance requirements set forth in Subsection WW(1) above with respect to separation from other uses is a condition precedent to the classification of passive adult use as a special permit use with the Town, and, in the event that any reduction in such minimum distance is proposed, such variance shall be considered as a use variance.
[21]
Editor's Note: See the Schedules of Area and Bulk Regulations
included at the end of this chapter.
(6)
That appropriate provision has been made for access facilities
adequate for the estimated traffic from public streets and sidewalks,
so as to assure the public safety and to avoid traffic congestion.
Vehicular entrances and exits shall be clearly visible from the street
and not within 75 feet of the intersection of the street lines at
a street intersection.
(7)
That there are fully adequate parking areas, in conformity with
the standards established in this chapter and all other pertinent
provisions of the Town of Rhinebeck Code, for the anticipated number
of occupants, employees and patrons and that the layout of the parking
spaces and interior driveways is convenient and conducive to safe
operation.[22]
(8)
That the Planning Board may require a protective planting strip
adjacent to every side and rear lot line abutting an existing building
or use. Such planting strip shall not be less than 10 feet wide, situated
within any required side or rear yard, designed and laid out with
suitable plant material which will attain and shall be maintained
at a height to be stipulated by the Planning Board, which height shall
not be less than six feet nor more than 10 feet, so as to provide
an effective natural screen between nonresidential and residential
uses or districts along side and rear lot lines.
(11)
That any proposed signs, displays, architectural design or lighting
visible from any public street or right-of-way or upon surrounding
properties be designed and constructed so as to fully conform to the
requirements of the Zoning Law and to avoid or mitigate to the maximum
extent practicable any reasonably foreseeable adverse effect of the
proposed use upon minor children passing by.
(12)
That the proposed site plan has been designed with adequate
provision for safety, internal and external fire protection and security
concerns and the adequacy of access from and to a public right-of-way.
(13)
That the proposed site plan avoids, minimizes or mitigates any
demonstrated or potential impact of the proposed use upon community
services, including but not limited to police and fire protection.
The Planning Board shall refer the proposed site plan and special
use permit applications to the Town Fire Department and any other
agency of local or state jurisdiction for a report on the potential
secondary adverse impacts and recommendations as to appropriate measures
that can be taken to avoid or mitigate such impacts.
(14)
That the proposed use avoids, minimizes or mitigates any reasonably
foreseeable cumulative effects on the character of the community and
adjoining properties, taking into consideration the proposed hours
of operation, other existing or proposed passive adult uses, and similar
uses with the potential for deleterious effects on the community.
(15)
That the duration of a special use permit issued by the Planning
Board for a passive adult use shall conform to the following requirements:
(a)
A special use permit issued pursuant to this subsection shall
initially be valid for one year from the date of issuance.
(b)
Prior to expiration of the special use permit, it may be renewed
upon application by the permit holder, payment of special use permit
and any other applicable fees and demonstration by the applicant of
continued compliance with all applicable special use permit conditions
and requirements of this subsection of the Zoning Law.
(c)
The duration of such renewal may be established by the Planning
Board, in its sole discretion, but shall not exceed three years.
YY.
Guest cottage, provided:
(1)
The maximum gross floor area devoted to the guest cottage shall
be 600 square feet. No kitchen facilities are permitted in a guest
cottage.
(2)
Not more than one guest cottage shall be authorized on a residential
premises.
(3)
The guest cottage shall be supported by water supply and sewage
disposal facilities deemed suitable by the Dutchess County Health
Department, which facilities may be shared with the principal dwelling
unit on the premises.
(4)
The guest cottage shall be in compliance with all provisions
of the New York State Uniform Fire Prevention and Building Code. All
other applicable laws, ordinances and regulations shall be complied
with, and both a building permit, where applicable, and a certificate
of occupancy shall be obtained before occupancy.
(5)
The guest cottage shall satisfy all minimum setback requirements
set forth in the District Schedule of Area and Bulk Regulations for
a principal structure within the zoning district.[23]
[23]
Editor's Note: The Schedules of Area and Bulk Regulations are included as attachments to this chapter.
(6)
The guest cottage shall be situated on a lot with not less than
the minimum lot area specified for the respective zoning district.
If the guest cottage is located within the RM1 District, a minimum
lot area of three acres shall be required.
ZZ.
[24] Motor vehicle repair and service establishment.
[Added 9-14-2020 by L.L. No. 2-2020]
(1)
Special use permit criteria:
(a)
No such establishment shall be located within 200 feet of any
school, church, public library, theater, hospital, park, playground,
or other public gathering place designed for occupation by more than
50 people.
(b)
The area used by motor vehicles, including display and storage,
except access drives thereto, as well as any structures shall not
be erected closer than 200 feet to any public road.
(c)
A 200-foot natural buffer shall be maintained from the edge
of any public road. A 100-foot buffer shall be maintained from any
right-of-way, or lot line, with the following exceptions:
[1]
The limit of the buffer along the easterly boundary of the ORP
Zoning District shall follow the western boundary of the 100 foot
buffer area around designated New York State Freshwater Wetland KE-23;
[2]
The 100-foot buffer elsewhere may be reduced in width by the
Planning Board to no less than 50 feet upon a determination that the
purposes of such buffer can be otherwise accomplished by such means
as landscaping, grading or other site planning techniques.
[3]
Within any such buffers, natural vegetation and the existing
landscape (soils, outcroppings, grasslands, stone walls, etc.) will
not be altered, moved, removed or otherwise changed except to remove
dead or downed trees or a landscape feature which presents a hazard
to the public health, safety and welfare. No natural features are
to be disturbed or removed within this buffer except for the following:
[a]
Areas for existing or proposed access to a site
from a public road, including necessary removal of obstructions required
to provide safe sight distance.
[b]
Vegetation that is deemed to be a danger or hazard
to the public such as dead or downed trees, invasive species, etc.
Such vegetation must be identified and reviewed by the Planning Board.
Any applicable permits required by the Town must also be secured prior
to any disturbance or removal.
[c]
Prior approval to make any changes in this area
must be authorized by the Town Zoning Enforcement Officer and may
also require approval of the Town Planning Board.
(d)
Access management techniques shall be provided. Entrance and
exit driveways shall be designed to minimize traffic conflicts and
utilized space through combined access. Shared access entrances and
driveways shall be utilized whenever possible. Off-street parking
areas shall be interconnected by access driveways. Entrance and exit
driveways shall total no more than two in number, shall have a width
of not less than 24 feet nor more than 30 feet, and be located no
closer than 200 feet to any side lot line. Primary access shall be
taken from Route 9G, with a secondary access only permitted if justified
through a traffic study and approved by the Town Planning Board. Secondary
access points to lower classification roads, as emergency access roads
with appropriate physical barriers, will be permitted if deemed necessary
for the public health, safety and welfare.
(e)
Gasoline or flammable oils shall be stored in accordance with
New York State DEC Part 614 regulations and may not be closer than
200 feet to any lot or street line.
(f)
All major repair work, storage of materials, supplies, and parts
shall be located within a fully enclosed structure, not to be construed
as meaning that the service doors - those used to allow entry and
exit of vehicles - or any other doors must be kept closed at all times.
(g)
Service doors for vehicles should be placed at the rear or side
of the building (defined herein as the side(s) of the building not
facing a public street), but service doors may be placed on the front
of a building, subject to Planning Board approval. Any service doors
visible from a public road shall be obscured from view of said road.
(h)
No inoperative motor vehicle for a customer shall be kept on
the premises for longer than 14 calendar days, except in instances
where necessary repair parts have been ordered and delivery is awaited
or wherever legal title is needed for removal (abandoned vehicles).
(i)
"Loaner vehicles" or vehicles for rent shall be permitted only
as an incidental use or operation and shall only be provided for customers
who drop-off a personal vehicle for repair or service on-site. No
other rentals/loaners are permitted.
(j)
There shall be no outdoor storage or display of materials or
products (automobiles are not considered materials or products and
are permitted to be stored in dedicated parking areas).
(k)
In addition to other landscaping requirements found within the zoning code, where existing vegetation along front, rear and side yards is determined by the Planning Board to be insufficient to meet the intent of the zoning district as detailed in § 125-15 (Zoning Districts), buffering and landscaping shall be provided through a mix of deciduous and evergreen plantings to obscure structures from roads and adjacent properties.
(l)
Green infrastructure is highly encouraged for all development
proposals.
(m)
Shared parking is encouraged between this automobile-intensive
use and other uses subject to review and approval by the Town Planning
Board. If this use is proposed where shared parking is not currently
feasible or necessary, an applicant is encouraged to provide a statement
with their application submission that they will entertain discussions
of shared parking if a use is proposed in the future which brings
about the potential for shared parking. Shared parking should be considered
by the Planning Board whenever feasible in conjunction with any development
that can share parking with this automobile-intensive use. When shared
parking is pursued, the applicant and Town are to be guided by the
table below when calculating the minimum number of parking spaces:
[1]
Calculate the minimum amount of parking required for each land
use if it were a separate use.
[2]
To determine peak parking requirements, multiply the minimum
parking required for each proposed land use by the corresponding percentage
for each of the six time periods.
[3]
Calculate the column total for each of the six time periods
[4]
The column (time period) with the highest value must be the
minimum parking requirement.
|
Monday - Friday
|
Saturday - Sunday
| |||||
|---|---|---|---|---|---|---|
|
Land Use
|
8:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 12:00 midnight
|
12:00 midnight to 8:00 a.m.
|
8:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 12:00 midnight
|
12:00 midnight to 8:00 a.m.
|
|
Residential
|
60%
|
100%
|
100%
|
80%
|
100%
|
100%
|
|
Office
|
100%
|
10%
|
5%
|
5%
|
5%
|
5%
|
|
Commercial
|
90%
|
80%
|
5%
|
100%
|
60%
|
5%
|
|
Special event venue
|
40%
|
100%
|
10%
|
80%
|
100%
|
10%
|
|
Recreation
|
40%
|
100%
|
10%
|
80%
|
100%
|
50%
|
|
Civic uses
|
100%
|
40%
|
40%
|
10%
|
10%
|
5%
|
[24]
Editor's Note: Former Subsection ZZ, Use of the Town’s
Design Standards, was repealed 3-12-2012 by L.L. No. 1-2012.
AAA.
Standards within the Flood Fringe Overlay District. With
the exception of agriculture and forestry, all uses proposed within
the Flood Fringe Overlay (FF-O) District, including municipal uses,
shall be considered special permit uses subject to review by the Planning
Board for compliance with the standards contained within the Town
of Rhinebeck Flood Damage Prevention Law[25] (as amended) and with the following additional standards,
as shall be certified to by a registered architect or licensed professional
engineer:
(1)
All structures shall be designed and anchored to prevent flotation,
collapse or lateral movement due to floodwater-related forces.
(2)
All construction materials and utility equipment used shall
be resistant to flood damage.
(3)
Construction practices and methods shall be employed which minimize
potential flood damage, including the requirement that all structures
and other improvements be designed to withstand hydrostatic pressure,
erosion and seepage to an elevation not less than the one-hundred-year
flood elevation.
(4)
Adequate drainage shall be provided to reduce flood hazard exposure.
(5)
All public utilities and facilities shall be located and constructed
to minimize or eliminate potential flood damage.
(6)
All water supply systems shall be designed to minimize or eliminate
floodwater infiltration. No new septic tank, leach field or other
sanitary sewage disposal system shall be located within the FF-O District.
This shall not prevent the replacement of existing systems.
(7)
No new structure intended for residential use shall be located
within the FF-O District. This shall not prevent the replacement of
existing residential structures.
(8)
Except for agricultural uses and forestry uses, all new nonresidential
construction or substantial improvements to such nonresidential structures
shall have their lowest floor, including basement, elevated to at
least two feet above the water level of the one-hundred-year flood
or, as an alternative, be floodproofed up to the same water level,
including attendant utility facilities.
(9)
Except for agricultural uses and forestry uses, no use shall
be permitted, including fill, dredging or excavation activity, unless
the applicant has demonstrated that the proposed use, in combination
with all other existing and anticipated uses, will not raise the water
level of the one-hundred-year flood at any point.
(10)
No storage of materials or equipment that is buoyant, flammable,
explosive or could otherwise be injurious to human, animal or plant
life shall be permitted. Underground storage tanks shall be prohibited
in the FF-O District.
(11)
A record of all necessary permits from state or county agencies
from which approval is required shall be provided.
(12)
Plans shall be submitted showing such information as may be
necessary to determine the suitability of the particular site for
the proposed development or use, which information shall include,
but not be limited to, the following:
(a)
The location of the lot or construction site in relation to
affected watercourses or other bodies of water, boundaries of the
Flood Fringe Overlay (FF-O) District, topography of the site with
elevations in relation to mean sea level, existing and proposed buildings
and other structures, fill, drainage facilities, and the location
and description of any materials proposed to be stored within the
FF-O District on either a permanent or temporary basis incidental
with the proposed project;
(b)
Elevation in relation to mean sea level of the lowest floor,
including basement, of all existing and proposed structures;
(c)
Elevation in relation to mean sea level to which any nonresidential
structure is proposed to be flood proofed together with its attendant
utility and sanitary facilities;
(d)
Details of how any nonresidential floodproofed structure meets
or exceeds essential floodproofing standards, i.e., that floodproofing
occur so that below the base flood level the structure is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy;
(e)
Documentation that any nonresidential principal structure or
the replacement of any existing residential structure intended for
habitation, whether termed a principal structure or an accessory structure
by this chapter, has at least one access route from a public road,
street or highway which is wholly above the one-hundred-year flood
elevation and which route can be used for access by emergency equipment
and for the evacuation of persons; and
(f)
Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development.
(13)
Any special permit issued for a use proposed within the Flood
Fringe Overlay District shall satisfy any further criteria set forth
in the Town of Rhinebeck Flood Damage Prevention Local Law (Local
Law No. 1 of 1987).[26] This shall include as a condition the additional requirement
that certification by a registered architect or licensed professional
engineer of as-built compliance with the approved plans be submitted
to the Town Code Enforcement Officer prior to either use of the property
or the issuance of a certificate of occupancy for the intended use
or structure. Copies of this certification shall be maintained by
the Code Enforcement Officer as a permanent public record available
for inspection.
BBB.
Communications facilities and towers, provided:
(1)
Communications facilities and towers require issuance of a special use permit by the Planning Board, in accordance with Article VI, for the following purposes:
(a)
To preserve the character and appearance of the Town while simultaneously
allowing adequate communications services to be developed;
(b)
To protect the scenic, historic, environmental, natural and
man-made resources of the community, with special attention to the
Hudson River National Historic Landmark District, the Mid-Hudson Historic
Shorelands Scenic District, the Estates District Scenic Area of Statewide
Significance, structures or sites listed on the National Register
of Historic Places, scenic viewsheds and special features, including
sites bordering designated state, county or Town scenic roads, "special
features" identified in the Town's Comprehensive Plan, lands within
the Waterfront Revitalization Area, and any other significant feature
of community importance identified in a Town planning document;
(c)
To provide standards and requirements for regulation, placement,
construction, monitoring, design, modification and removal of communications
facilities and towers;
(d)
To provide a procedural basis for action within a reasonable
period of time on requests for authorization to place, construct,
operate or modify communications facilities;
(e)
To preserve property values;
(f)
To minimize the total number and height of new communications
towers throughout the community and maximize the use of existing communications
towers, tall buildings and other high structures to reduce the number
of new towers needed to serve the community;
(g)
To locate communications facilities and towers so that they
do not have adverse impacts on the general health, safety, welfare
and quality of life within the community, including, but not limited
to, attractive nuisance, noise and threat of falling objects;
(h)
To require owners of communications facilities and towers to
configure them so as to minimize and mitigate the adverse visual impact
of the towers and facilities; and
(i)
To require communications tower sharing (co-location) and clustering
of communications facilities where possible.
(2)
Consistency with federal law. The provisions of this subsection,
including the regulations set forth herein, are intended to be consistent
with the Telecommunications Act of 1996, as amended ("the Act") in
that:
(a)
The regulations do not prohibit or have the effect of prohibiting
the provision of communications services.
(b)
The provisions are not intended to be used to unreasonably discriminate
among providers of functionally equivalent services.
(c)
The provisions do not regulate communications services on the
basis of the environmental effects of radio frequency emissions to
the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
(3)
Exclusions. For the purposes of this subsection, the following
shall not be construed to be communications facilities or towers:
(4)
Special permit requirements. No person shall erect, construct
or otherwise install a new communications facility or tower at any
location within the Town of Rhinebeck or cause the major modification
of an existing communications facility or tower, without first obtaining
a special permit from the Town Planning Board in accordance with the
following requirements. For purposes of this subsection, a communications
facility or tower shall be considered a principal use and never an
accessory use:
(a)
For purposes of this subsection of the Zoning Law, "major modification"
of an existing communications facility or tower shall mean the following:
[1]
An increase in the height of a communications tower
by 20 feet or more.
[2]
An increase in the number of antennas on a communications
tower by more than 50%.
[3]
The addition of new or additional microwave dish
antennas on a communications tower.
[4]
Any expansion of the original footprint of the
communications tower or an increase in the original footprint of the
accessory buildings or other facilities and improvements on the communications
tower site by more than 50%.
(b)
The facility or tower is in compliance with the District Schedule of Use Regulations established pursuant to Article III of this chapter.[27] The Town encourages communications towers and facilities
on major thoroughfares and in nonresidential zoning districts if feasible.
[27]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
(e)
The facility or tower is in compliance with the specific standards
for communications facilities and towers set forth herein.
(5)
Specific standards for communications facilities and towers.
The Planning Board shall apply the specific standards set forth below
in its consideration of any application for a special use permit for
a communications facility or tower:
(a)
Shared use. Shared use of existing communications towers or
the use of other existing structures shall be preferred to the erection
or construction of new towers. Where shared use of an existing communications
tower or other existing structure is a feasible alternative, the applicant
may be denied a special permit for erection or construction of a new
communications tower. Applicants shall demonstrate that there are
no opportunities for co-location available.
(b)
Compatibility with FAA navigational aids. The applicant must
demonstrate that the proposed communications facility or tower will
not interfere in any way with in-place VOR radio beacon navigational
aids for aircraft.
(6)
Site requirements: area and bulk standards.
(a)
Minimum lot area. The use shall meet the minimum lot area requirements for the district set forth in Article IV but in no case shall the minimum lot area be less than 10 acres.[28] The above notwithstanding, depending upon the configuration
of the site and its relationship to neighboring properties, a site
in excess of the minimum lot area may be required to ensure the protection
of public health, safety and welfare through both substantial setback
from neighboring properties, with special consideration given to properties
on which preexisting residential dwellings are located, and proper
visual screening of the proposed communications facility or tower
from these properties.
[28]
Editor's Note: See the Schedules of Area and Bulk Regulations
included at the end of this chapter.
(b)
Minimum setbacks. In order to achieve the above-cited objectives,
the minimum setback of a communications tower shall be 250 feet from
any adjoining property line and 500 feet from any existing residential
dwelling.
[1]
In addition, the minimum separation of any structure or facility
appurtenant to the tower shall be not less than 50% of the required
tower setback. The above notwithstanding, in no event may the minimum
setback of any new tower from any property line and/or vegetative
screening be less than the sum of the following:
[2]
This minimum setback distance shall apply to all
communications tower components, including guy wires, guy wire anchors
and accessory facilities.
(7)
Site requirements: design standards.
(a)
Ability to accommodate shared use. Any new communications tower
or major modification of an existing tower shall be designed so as
to be structurally capable of accommodating shared use.
(b)
Tower lighting. In addition to any beacon light, other type of illumination or warning device, if any, required by the FAA, any communications tower erected within the Town of Rhinebeck shall be equipped with a beacon light if deemed necessary by the Planning Board. Security lighting of equipment structures and other facilities on site shall be shielded from abutting properties and shall comply with Article V, § 125-56. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall not exceed 0.25 initial footcandle when measured at grade.
(8)
Scale and appearance.
(a)
Communications towers or attachments thereto should be no higher than 10 feet above the average height of the existing tree canopy or buildings within 300 feet of the proposed facility. However, the height of a communications tower or attachments thereto shall not exceed the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged in accordance with Subsection BBB(9)(a).
(b)
The above provisions regarding height and lighting notwithstanding,
any communications tower shall be sited and designed to be the minimum
height necessary to fulfill its function and to avoid, whenever possible,
compliance with additional FAA lighting and marking requirements based
on tower height and location.
(c)
Except as required by the FAA, no communications tower shall
be painted in a color or colors not in harmony with its natural and
man-made surroundings.
(d)
No communications tower shall support any advertising messages
or other commercial signs. Nonionizing warning signs and other signs
necessary to meet the legal requirements of the applicant's FCC license
to operate shall be permitted.
(e)
A chain-link fence not less than eight feet in height with locking
gates shall be installed to fully surround the base of any communications
tower, including all of its components, and any accessory buildings
or other facilities and improvements on the tower site and such fence
shall be landscaped to screen views of the fence and accessory buildings.
(f)
As required by Subsection BBB(9), all communications towers and accessory buildings or other facilities and improvements shall comply with the performance standards set forth herein and shall be sited to minimize any adverse visual effect on the environment. Accessory buildings or other facilities shall employ building materials, colors and textures that are both durable and selected to blend with the natural surroundings.
(g)
Existing on-site vegetation shall be preserved to the maximum
extent practicable to both mitigate the visual impact of the communications
tower and related buildings and facilities and maintain the stability
of soils within the project site.
(h)
No cutting of any trees exceeding four inches DBH shall take
place except as may be authorized by the Planning Board through the
issuance of a special permit and grant of site plan approval.
(i)
Adequate access to, and parking at, the communications tower
site shall be provided for both service and emergency vehicles, with
maximum use made of existing roadways, both public or private. Moreover,
to the extent practicable, any roadway construction required to access
a communications tower site shall be carried out in a manner that
minimizes disturbance to the land, generally limiting grading and
the cutting of vegetation to the more restrictive of the following:
either the top-of-slope in fill sections and the top-of-slope in cut
sections or a distance 10 feet beyond the edge of the required access
roadway.
[1]
In order to meet the above criteria, and otherwise
both minimize adverse visual impact and reduce soil erosion potential,
any access road shall closely follow natural contours.
[2]
As a condition of the special permit and for maintaining
a certificate of occupancy and/or certificate of compliance once issued,
any access roadway shall be maintained throughout the useful life
of the communications tower site in a workmanlike manner, including
the plowing of snow, periodic trimming of vegetation that may obstruct
the access roadway, and undertaking of repairs in a timely manner
to address any roadway defects, drainage problems, erosion conditions
or other circumstances that may develop, so as to ensure the roadway
is at all times in a safe and passable condition for both service
and emergency vehicles.
(9)
Performance standards. All communications towers, including
major modification of an existing communications tower, shall comply
with the performance standards set forth in this section.
(a)
Camouflage.
[1]
All wireless telecommunications facilities shall
be designed to blend into the surrounding environment through the
use of design and color except in such instances where color is dictated
by federal or state authorities, such as the Federal Aviation Administration.
[2]
A wireless telecommunications facility which is
roof-mounted on a building shall be concealed within or behind existing
architectural features to limit its visibility from public ways and
shall be stepped back from the front facade in order to limit its
impact on the building's silhouette.
[3]
A wireless telecommunications facility which is
side-mounted on a building shall be painted or constructed of materials
to match the color of the building material directly behind it.
[4]
The use of stealth technology to camouflage new communications towers is required for all communications towers that exceed the height limits established in Subsection BBB(8) herein. The communications tower shall be designed to eliminate, to the greatest extent possible, the visibility of the proposed facility as viewed from a residence, public road or pathway, or public area by means of concealment, camouflage, disguise, or placement. The applicant shall make every available effort to ensure that the visibility of the proposed communications tower is slight or nonexistent. Communications towers shall not be located on ridgetops or along the ridgeline, and they should be provided with an adequate backdrop so that they are not skylined.
[5]
Communications facilities and towers shall be camouflaged
by vegetation and/or design as follows:
[a]
Camouflage by vegetation. If communications facilities
and towers are not camouflaged from public viewing by existing buildings
or structures, they shall be surrounded by buffers of existing dense
tree growth and understory vegetation in all directions to create
an effective year-round visual buffer (see the tower shown in the
middle of the photograph below). Communications towers shall provide
a vegetative buffer of sufficient height and depth to effectively
screen the facility. Trees and vegetation used for camouflage shall
be existing on the subject property. The Planning Board shall determine
the adequacy of the trees and plant materials to properly camouflage
the tower.
 |
[b]
Camouflage by design. In open and wooded areas,
communications facilities and towers shall be camouflaged to resemble
or mimic a native coniferous species of tree or by other means, such
as new construction of a silo (see photograph below of a cell tower
on a silo), flagpole, clock tower, bell tower, cross tower, steeple
or other innovative replication of a structure that would be consistent
with the character of the community as determined by the Planning
Board. Modification of an existing silo, flagpole, clock tower, bell
tower, cross tower, steeple or other adaptive use of a structure,
consistent with the character of the community as determined by the
Planning Board, may also be used to accommodate a communications tower.
In no case shall a camouflaged tower exceed 70 feet in height.
|
(b)
Noise. Roof-mounted or side-mounted equipment for communications
facilities and towers shall not generate noise in excess of 50 dB
at ground level at the base of the building closest to the antenna,
including standby power generation equipment.
(c)
Radio frequency radiation (RFR) standards. All equipment proposed
for communications facilities and towers shall be authorized per the
FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency
Radiation (FCC Guidelines). The owner of the facility shall submit
evidence of compliance with the FCC standards to the Planning Board
on a yearly basis. If new, more restrictive standards are adopted
by any appropriate federal or state agency, the facility shall be
made to comply or continued operations may be restricted by the Planning
Board. The cost of verification of compliance shall be borne by the
owner and/or operator of the facility.
(d)
Facility design standards.
[1]
Equipment shelters. Equipment shelters for wireless
telecommunications facilities shall be designed consistent with one
of the following standards:
[a]
Equipment shelters shall be located in underground
vaults; or
[b]
Equipment shelters shall be designed to be architecturally
compatible, both in style and materials, with principal structures
on the site, as determined by the Planning Board; or
[c]
Equipment shelters shall be camouflaged behind
an effective year-round landscape buffer equal to the height of the
proposed building. The Planning Board shall determine the types of
plant materials and depth of the needed buffer based on site conditions.
[2]
Accessory structures. Accessory structures for
communications facilities and towers shall be permitted if the structures
are constructed for the sole and exclusive use and operation of the
facility and meet the following requirements:
[a]
Accessory structures may not include offices, long-term
vehicle storage, other outdoor storage or other uses that are not
needed to send or receive communication transmissions.
[b]
Accessory structures shall be less than 500 square
feet and 15 feet in height.
[c]
Accessory structures shall be camouflaged behind
an effective year-round landscape buffer equal in height to the proposed
structure.
[d]
In all districts, the use of compatible building
materials, such as wood, brick or stucco, is required for all accessory
structures, which shall be designed to match architecturally the exterior
of residential and/or commercial structures in the neighborhood, as
determined by the Planning Board. In no case will metal exteriors
be allowed for accessory structures.
[3]
Scenic landscapes and vistas. Communications facilities
and towers shall not be located within open areas that are visible
from public roads, recreational areas or residential development.
As required herein, all communications facilities and towers shall
be surrounded by a buffer of dense tree growth or shall be camouflaged
by design to minimize the adverse visual and aesthetic impacts of
the facility.
(10)
Environmental standards.
(a)
Communications facilities and towers shall not be located in
wetlands or in regulated wetland buffer areas, in endangered, threatened,
or special concern species habitats, water bodies, or on historic
or archaeological sites.
(b)
No hazardous waste shall be discharged on the site of any wireless
telecommunications facility. If any hazardous materials are to be
used on site, there shall be provisions for full containment of such
materials. An enclosed containment area shall be provided with a sealed
floor, designed to contain at least 110% of the volume of the hazardous
materials stored or used on the site.
(c)
Any increase in stormwater runoff shall be contained on site.
(d)
Ground-mounted equipment for communications facilities and towers
shall not generate noise in excess of 50 dB at the property line,
including standby power generation equipment.
(11)
Safety standards.
(a)
Radio frequency radiation (RFR) standards. All equipment proposed
for a wireless telecommunications facility shall be authorized per
the FCC Guidelines. The owner of the facility shall submit evidence
of compliance with the FCC Guidelines to the Planning Board on a yearly
basis. If new, more restrictive standards are adopted by any appropriate
federal or state agency, the facility shall be made to comply or continued
operations may be restricted by the Planning Board. The cost of verification
of compliance shall be borne by the owner and operator of the facility.
(b)
Security barrier. All wireless telecommunications facilities
shall be provided with security measures, such as fencing, anti-climbing
devices, electronic monitoring and other methods, sufficient to prevent
unauthorized entry and vandalism. Fencing shall be solid wood and
shall include a locking security gate. Electrified fence, barbed or
razor wire shall be prohibited.
(c)
Structural soundness and fall zone. Wireless telecommunications
facilities shall be designed by a licensed professional engineer to
withstand overturning and failure. In the event of failure, facilities
shall be designed so that they will fall within the setback area of
the site and/or away from adjacent residential properties. The Planning
Board shall require fall zone documentation describing the consequences
of a catastrophic collapse of the tower as well as foundation design
and a certificate of safety from the carrier to document structural
soundness.
(12)
Application requirements. In addition to the requirements otherwise set forth in Article VI, § 125-75, of this chapter, all applications for the issuance of a special permit and/or the grant of site plan approval for a communications facility or tower shall be accompanied by maps, reports and other data presenting, to the extent pertinent, the following information:
(a)
An existing conditions map depicting:
[1]
The location of all structures and other improvements
within the project site and all structures and above-grade improvements
on adjacent properties and located within 300 feet of the boundaries
of the project site.
[2]
The location, species, approximate height and mass
of all trees within the project site and within 300 feet of its boundaries.
[3]
The topography of the project site and adjacent
property within 300 feet thereof, based on either field survey or,
where field survey information is not available, interpretation of
USGS data.
(b)
Manufacturer's data regarding the proposed communications facility
or tower, including, but not limited to, the following:
[1]
Make and model of the communications tower to be
erected or the equipment to be installed.
[2]
Design data, installation instructions and construction
plan.
[3]
Identification of the cumulative levels of radiation
emitted by or from both the communications tower and its appurtenant
facilities and all other communications towers and facilities located
within 1,000 feet thereof. This data shall include:
[a]
Frequencies in use;
[b]
Effective radiated power;
[c]
Calculated data demonstrating that all transmissions
are in compliance with FCC regulations in effect at the time of application;
and
[d]
Identification of the effects siting and operation
of the communications tower and its appurtenant facilities will have
on existing communications towers, antennas, or other electromagnetic
devices within 1,000 feet of the proposed installation.
(c)
Proposed communications tower maintenance and inspection procedures
and records system, including demonstration of how initial and continuing
compliance with FCC and FAA standards will occur. A copy of each report
filed with the FCC or FAA to comply with these standards shall be
simultaneously filed with the Town Code Enforcement Officer, and each
such report shall be certified to be true, complete and accurate or
otherwise subject to applicable penalty of law.
(d)
A communications tower siting report shall be submitted with
regard to any proposed new tower. The report shall document the following:
[1]
In accordance with above Subsection BBB(5)(a), good-faith efforts to secure shared capacity from existing towers as well as capacity for future shared use of the proposed communications tower. The former demonstration shall include at least the following:
[a]
Inventory of existing communications towers within
a reasonable distance of the proposed site.
[b]
Identification of opportunities for shared use
of existing towers as an alternative to erection of a new communications
tower.
[c]
Copies of written requests made, and responses
received from, existing communications tower owners regarding shared
use of their towers.
[d]
Propagation studies to identify gaps in coverage
and the need for the tower.
[2]
A technical and visual impact analysis of other
alternatives to the proposed communications tower at the location
intended, including at least the following:
[3]
Alternative designs for the communications tower,
or rerad, including those which minimize adverse visual impact by
using nontraditional design elements selected to blend more effectively
with the natural and/or man-made surroundings.
[4]
A compliance report on nonionizing electromagnetic
radiation (NIER) prepared by a qualified engineer and/or health physicist
setting forth calculations regarding the maximum amount of nonionizing
electromagnetic radiation which will be emitted from the communications
facility or tower and demonstrating compliance with the applicable
NIER standards set forth below:
(e)
A completed Visual assessment form (visual EAF) as part of the
initial SEQRA submission. Upon its evaluation of the information provided
by the visual EAF, the Planning Board may scope and require the submission
of a more detailed visual analysis.
[Amended 7-25-2016 by L.L. No. 5-2016]
(f)
A detailed landscape plan addressing through initial and continuing
maintenance of existing vegetation and the installation of new plantings
the visibility of the communications facility or tower from adjacent
properties and from other key viewing points identified during the
visual assessment, including, to the extent pertinent, locations both
within the Town and beyond its borders. With regard to mitigation
of visual impact on immediately adjacent and other neighboring properties,
not less than the planting or retention of native evergreen species
capable of forming a continuous natural buffer at least 10 feet in
height within 24 months of communications tower construction shall
be provided to effectively screen the tower base and accessory facilities
from such properties.
(g)
As a condition of any special permit issued by the Planning Board for a communications facility or tower and in addition to the requirement set forth in above Subsection BBB(12)(c), the Planning Board may require future submission of reports and other documentation demonstrating continuing compliance with any of the regulations in effect at the time the special use permit was issued or any superseding or new regulations that may be adopted by either the FCC or other federal regulating agency.
(h)
As part of the submission and as a condition precedent to the issuance of any special permit by the Planning Board for a communications facility or tower, either the applicant or both the applicant and the landowner should the applicant not be the landowner shall specifically recite and acknowledge in writing the provisions of below Subsection BBB(12)(i), (j) and (k) and (13) and (14).
(i)
As a condition of any special permit issued by the Planning
Board for a communications facility or tower, the Planning Board shall
require the posting of a suitable performance guarantee, the performance
guarantee being at the Town's discretion either a performance bond
or an irrevocable letter of credit with a specific schedule of payments
if work is not completed, to ensure either of the following:
[1]
The completion of all work associated with authorized
communications facility installation or tower construction within
the time frame specified by the building permit.
[2]
Both removal of any communications facility installation
or tower construction left incomplete and the restoration of the site
to its prior state to the extent deemed practicable by the Planning
Board. Except as may be authorized by the Planning Board in consideration
of seasonal factors, all such removal and remediation shall occur
within six months of the cessation of work on the communications facility
installation or tower construction. The date of such cessation of
work shall be determined by the Code Enforcement Officer and set forth
in notice to either the applicant or the applicant and landowner should
the applicant not be the landowner. No building permit shall be issued
until such performance bond or similar guarantee has been accepted
by the Town Board. The Town Board shall employ the following criteria
to determine the adequacy of the performance guarantee proposed by
the applicant:
[a]
The scope of work governed by the performance guarantee
shall be the worst case, or most extensive, scenario of removals and
remediation defined by the Planning Board.
[b]
The amount of the performance guarantee shall be
based on an estimate for carrying out the above scope of work, such
estimate to be either prepared or reviewed and confirmed by the Town
Engineer.
[c]
The form of the performance guarantee shall be
reviewed and approved by the Town Attorney.
(j)
Evaluation by independent consultants. Upon submission of an
application for special permit for a communications facility or tower,
the Planning Board shall retain an independent consultant, at a reasonable
rate to be paid by the applicant, to assist the Planning Board in
technical review of the application. The consultant shall be a qualified
professional in one or more of the following fields: (a) telecommunications
engineering, (b) structural engineering, (c) monitoring of electromagnetic
fields, or (d) other relevant field deemed essential by the Planning
Board.
(k)
Required inspections. Any communications facility or tower erected
within the Town of Rhinebeck shall be subject to the below structural
inspection requirements:
[1]
The applicant, or the applicant's successors, shall
cause a biannual inspection of the communications tower and related
accessory structures and related improvements to be conducted by a
qualified licensed professional engineer. The inspection shall specifically
address whether the communications tower and related accessory structures
and related improvements are being maintained in a structurally safe
and workmanlike manner. A written report certified to by the inspecting
professional engineer shall present information regarding the nature
and timing of the inspection conducted, identify all deficiencies
noted, propose appropriate corrective action, and include a schedule
for carrying out the work.
[2]
Such certified biannual report shall be filed with
the Town of Rhinebeck Code Enforcement Officer within 60 days of the
first and each succeeding biannual anniversary of the issuance of
the initial certificate of occupancy authorizing use of the facility
site.
[3]
Upon submission of such report, the applicant,
or the applicant'S SUCCESSORS, shall schedule with the Code Enforcement
Officer an appointment for his inspection of the property.
(13)
Abandonment and removal. Within 60 calendar days of receipt
of written notice from the Code Enforcement Officer, either the applicant,
the landowner, or their successors shall cause the dismantling and
removal of any communications facility or tower, whether erected prior
or subsequent to the enactment of Local Law No. 4-1999, the use of
which the Code Enforcement Officer has deemed to be discontinued or
otherwise abandoned for the period specified below:
(a)
Pertaining to a communications tower and related accessory structures
and improvements, where operations have ceased for a period of 24
consecutive months with intent to resume the use or operation not
providing exemption from this requirement.
(b)
Pertaining to any other communications facility, where the operation
of such facility has ceased for a period of six consecutive months
with intent to resume its use or operation not providing exemption
from this requirement. It shall be the responsibility of the Town
of Rhinebeck Code Enforcement Officer to notify in writing by certified
mail the owner of any communications facility or tower existing at
the time of the enactment of Local Law No. 4-1999 of this requirement
within 60 calendar days thereof.
(14)
Certificate of insurance required. Adequate and sufficient liability
insurance shall be maintained during the construction period and throughout
the life of any communications tower erected within the Town of Rhinebeck.
The minimum acceptable amount of liability insurance shall be established
by the Planning Board in its review of the application for a special
use permit. Prior to the issuance of the special use permit, documentation
that such liability insurance has been secured shall be submitted
to the Town in the form of a certificate of insurance identifying
the Town of Rhinebeck as a co-insured party and in at least the minimum
amount specified by the Planning Board. Maintenance without interruption
of liability insurance in like or greater amount and with the Town
named as a co-insured party shall be required as a continuing condition
of the special use permit and related certificate of occupancy and/or
certificate of compliance.
(15)
Exemption for amateur Ham radio operations. Any communications tower erected on residential or other premises in support of amateur barn radio operations shall be wholly exempt from the provisions set forth throughout this Subsection BBB, provided each of the following criteria is met:
(a)
A building permit for the erection of any such communications
tower shall be secured from the Town of Rhinebeck.
(b)
Not more than one such communications tower for the exclusive
use of the owner of the residential or other premises shall be constructed
on any individual parcel or on adjoining parcels in common ownership.
(c)
No such communications tower shall be more than 50 feet in height.
(d)
There shall be no sale or lease of space for commercial purposes
on any such communications tower erected and maintained on a residential
or other parcel in support of amateur Ham radio operations.
(e)
The Town's Code Enforcement Officer shall be granted scheduled
access to the residential or other premises for making a safety inspection
of the condition of any such communications tower at a biannual interval.
EEE.
Special event venue, provided:
[Added 5-13-2013 by L.L. No. 2-2013]
(1)
No more than 75 shall be in attendance at any event at one time.
(2)
Events shall not extend for more than six hours' duration.
(3)
No food shall be prepared on site.
(4)
No lodging facilities shall be provided on site.
(5)
The special event venue shall be located on a site with a minimum
of five acres.
(6)
The site of the special event venue shall have access on a street
or roadway with at least two outlets.
[1]
Editor's Note: The District Schedule of Use Regulations is included as an attachment to this chapter.
A.
Intent.
(1)
The Hamlet of Rhinecliff is an important 19th Century planned traditional
neighborhood in the Town of Rhinebeck. Containing over 100 historic
structures, Rhinecliff evolved as a small center for civic life, culture
and commercial activity, including an early railroad and shipping
hub. For decades, Rhinebeck's residents have consistently stressed
the importance of preserving the role of the Village of Rhinebeck
as the Town's center for commercial, financial, governmental and residential
uses, and Rhinecliff as a smaller version of the village, honoring
its historic integrity as a hamlet. The Morton Memorial Library and
the firehouse, the post office and the Rhinecliff Train Station all
depict the essence of the hamlet. While Rhinecliff has some limited
potential for growth, its historic character must always be preserved
and protected.
(2)
Rhinecliff's significance is recognized by its central location within
the Hudson River National Historic Landmark District, a State designated
Scenic Area of Statewide Significance, and the Mid-Hudson Historic
Shorelands Scenic District. Rhinecliff is also a part of the Hudson
River Valley Greenway, is an important component of the Hudson River
American Heritage River designation, is located within New York State's
Coastal Zone boundaries and is subject to the Town's adopted Local
Waterfront Revitalization Program (LWRP). All of these recognitions
of Rhinecliff's importance demand special attention when existing
development is proposed for expansion or modification, or new development
is proposed.
(3)
The Rhinecliff Overlay (Rc-O) Zoning District, as delineated on the
Town Zoning Map, does not represent the entire area referred to by
its place name, Rhinecliff. It is an historic area that has grown
with unique characteristics, which has created a special identity
for the entire hamlet area. The Zoning Law regulates development within
the historically significant estates, farms, and landscapes surrounding
the hamlet center largely through the provisions of the Historic Preservation
Zoning District. In order to protect and preserve the integrity of
the hamlet area, which is composed of several underlying zoning districts,
the Rc-O Zoning District requirements specified in this section have
been designed to protect the unique qualities of the hamlet area through
the implementation of standards and restrictions to 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 hamlet area, to preserve 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.
B.
Objectives. All proposed development and redevelopment within the
boundaries of the Rc-O District shall be consistent with the following
objectives:
(1)
Protect and preserve Rhinecliff's architecture and pattern of design,
while simultaneously improving hamlet amenities.
(2)
Continue the existing residential character of the hamlet with special
attention given to architectural design, lighting, landscaping, streetscapes,
pedestrian amenities and signage.
(3)
Promote greater pedestrian safety while allowing for continued but
more restricted traffic movements, providing shared means of ingress
and egress to developed and developing properties. Ensure that existing
hamlet streets are not widened, but rather maintained as rural thoroughfares.
Implement traffic calming measures which designate pedestrian comfort
as a primary consideration of all hamlet streets. Resolve design conflicts
between vehicular and pedestrian movements in favor of the pedestrian.
Ensure safe, attractive streetscapes and pedestrian amenities by:
(a)
Providing pedestrian-scale lighting, street trees, and landscaping
along sidewalks;
(b)
In the business district, providing street furniture, such as
benches and trash receptacles where appropriate;
(c)
Maintaining parking as a buffer between pedestrians and moving
vehicles, both on-street and in parking lots; and
(d)
Enhancing pedestrian street crossings with articulated pavers,
bump-outs, raised crosswalks and other traffic calming measures.
(4)
Improve the visual characteristics of the hamlet by implementing
landscaping standards. Landscaping should enhance views from the hamlet
to the Hudson River and Catskill Mountains beyond.
(5)
Improve the overall quality of the hamlet by carefully reviewing
all signage and lighting fixtures so that they are of an appropriate
size and scale, and aesthetically designed.
(6)
Design the height of new buildings to be consistent with that of
neighboring buildings.
(7)
Design roofs to be sympathetic with the vernacular architecture.
(8)
Utilize traditional building materials.
(9)
Limit the square footage of new dwellings and the expansion of existing
ones to prevent oversized, out-of-character homes in order to maintain
the most desirable characteristics of the hamlet and prevent alteration
of the historic character of Rhinecliff.
(10)
Prevent the building of second- or third-story additions to
a one- or two-story building when it would result in a structure which
is out of character with the buildings surrounding it or results in
a visual intrusion of a neighboring property.
(11)
Prevent the construction of a large building built to replace
a portion, or all of a demolished one, which may be out of scale with
surrounding buildings.
(12)
Plan for the accommodation of automobile traffic wherein pedestrian
comfort and safety are of the utmost importance.
C.
Uses and bulk regulations. Uses and bulk regulations in the Rc-O
District are designed to maintain the integrity of the district. Existing
patterns of use and development shall govern future permitted uses
and development patterns in order to enhance the character of the
hamlet, to maintain harmony and compatibility with the nationally
significant historic importance of the hamlet and to protect the hamlet's
unique environmental resources. In the event of a conflict between
these regulations and those of the underlying zoning district, the
more stringent regulation shall apply. Nothing contained herein shall
prohibit the use of an existing lot of record for residential purposes,
provided that:
(1)
Such lot may not be used for more than one principal dwelling unit
and one subordinate accessory structure.
(2)
Such use shall satisfy applicable requirements of the Town of Rhinebeck,
Dutchess County Department of Health and New York State Department
of Environmental Conservation for potable water supply and sanitary
sewage disposal.
(3)
In consideration of minimum lot area, a conventional septic disposal
system shall be permitted on existing lots of record of less than
one acre in area, provided the Town Engineer has reviewed and approves
the system. No new lot created in accordance with the Town Subdivision
Regulations[1] and served by a conventional septic disposal system shall
be less than one acre in size.
(4)
The installation of an alternative sanitary sewage disposal system using pumping or other alternative waste disposal method shall be permitted only when approved by the Dutchess County Department of Health and, if required, the New York State Department of Environmental Conservation and only in accordance with the Schedule of Bulk Regulations specified in subsection C(7) below.
(5)
Accessory structures shall not exceed 650 square feet in gross floor
area nor exceed 25% of the gross floor area of the principal structure,
whichever is less.
(7)
The maximum gross floor area of a principal structure within the
Rc-O District shall be no more than 2,300 square feet.
(8)
Demolition of historic structures is governed by the Town of Rhinebeck historic buildings regulations (see Article V, § 125-62), which requires "careful, thoughtful evaluation of any proposed action that would cause the demolition or removal of any such recognized historic building" and by the requirements of the Town's adopted Local Waterfront Revitalization Program (LWRP). The LWRP requires a coastal consistency assessment for agency actions to "assure consistency of proposed actions undertaken by the Town with the policies and purposes of the LWRP." The Town Board, Planning Board and Zoning Board of Appeals shall be guided by the policies and purposes of the LWRP.
D.
Site plan and special use permit requirements. All uses, expansions, modifications and other development of land within the Rc-O Zoning District, not to be construed by the Zoning Enforcement Officer as including exclusively either maintenance which should be performed on a periodic basis of structures of all types in their continuing use, including landscaping of properties, or the substantial identical replacement by design, location, dimension and material of residential site lighting, fences, signs, walkways, driveways and other site appurtenances on single-family and two-family premises or involving exclusively, as determined at preapplication conference, the replacement of existing, exterior building features such as windows, doors and architectural components that replicate those existing building features on such premises, shall be subject to special use permit and site plan review and approval, in accordance with Articles VI and VII of this chapter. Within the Historic Preservation (HP20), Residential Low Density (RL5) and Residential Medium Density (RM1) Zoning Districts, the Planning Board may waive some or all of these requirements in accordance with Subsection E(11) herein.
[Amended 3-12-2012 by L.L. No. 1-2012; 3-12-2018 by L.L. No. 2-2018]
E.
Special use permits and site plan approval. Special use permits granted
for uses, expansions, modifications and other development of land
in the Rc-O District shall include such conditions as the Planning
Board shall determine to be necessary to assure that any new use,
or greater intensity or density of use authorized hereunder, will
be accomplished with the minimum possible modification of and impact
on the existing features of the particular parcel or parcels, and
without impairment of the uses for which the hamlet area is reasonably
adapted.
(1)
Concept plan. A concept sketch plan shall be presented to the Planning
Board for its review and approval. Such plan shall include a rendering
of how the building will appear from the street frontage. Architectural
guidelines are as follows. "Objectives" are statements describing
a desired outcome within the hamlet. "Guidelines" are statements of
what is considered acceptable in the community. By following the guidelines,
applicants are put on notice of what is expected of them. Knowing
this early on in the planning stages of a project can reduce delays
and confusion during the design phase of a project and helps applicants
build a project that the community considers desirable.
(a)
Objectives for additions to existing structures. Compatible
additions that do not compromise the character of the historic building
or destroy significant architectural features are appropriate within
the Rc-O District. While additions may reflect the point in time of
their construction, they must respect the architectural character
and fabric of the historic building and its surroundings as follows:
[1]
Additions that radically change the proportion of impervious
area to open space area on the site are not appropriate.
[2]
Consideration of archaeological resources should be conducted
in consultation with the New York State Office of Parks Recreation
and Historic Preservation when grading or other disturbance of property
is proposed.
[3]
Wood siding and/or earth-based materials such as brick, stone,
cement-reinforced clapboard siding and/or stucco are acceptable materials.
Fiber-cement siding (such as Hardi-Plank siding) is an acceptable
material for new construction additions when it holds a similar texture,
appearance and reveal dimension to wood siding. Vinyl siding is acceptable
but discouraged. Plastic and metal siding are prohibited.
(b)
Guidelines for additions to existing structures.
[1]
The material, style, and detail of design additions should be
compatible with the original structure rather than duplicating it
exactly.
[2]
Locate, design and construct additions so that the character-defining
features of the structure are not obscured, destroyed, damaged or
radically changed.
[3]
Limit the size and scale of additions so that the integrity
of the original structure is not compromised.
[4]
Changes in height that alter the character and scale of the
existing building to accommodate an addition are not appropriate.
[5]
Minimize site disturbance for construction of additions to reduce
the possibility of destroying site features and/or existing trees.
[6]
Stone walls, natural rock formations or other cultural features
should be retained and incorporated into proposed site plans.
(c)
Objectives for new construction. New construction in the Rc-O
District should contribute to and emphasize the characteristics which
make the neighborhood unique. The guidelines provided herein are designed
to ensure that new construction complements and never detracts from
the historic character and features of the district. The guidelines
are designed to encourage creativity by providing a framework that
will allow for new architecture, using criteria based on the compatibility
of the new building's setback, scale, massing, and material. When
planning and designing for new construction, there are seven key principles
that should be considered:
[1]
Site planning. The varied placement of Rhinecliff houses is
a direct reflection of the hilly topography and results in a unique,
character-defining landscape. New buildings should respect this approach
and follow the same guiding factors with respect to topography, adjacent
setbacks, spacing, and lot coverage, which approximates the ratio
of building to open space. Grade changes and soil and vegetation removal
should be minimal.
[2]
Building shape and massing. New buildings should respect the
massing of nearby structures. Mass is the overall bulk of a building
and footprint is the land area it covers. The mass and footprint of
a building are directly related to a building's height, width and
scale. The historic hamlet contains buildings of varying forms and
shapes and studying the context of the site in order to determine
the proper relationship between new and existing buildings is critical.
Using compatible roof forms and shapes is another way to relate new
and old buildings.
[3]
Scale: the size of an object in relation to other objects in
close proximity. The scale of new buildings should be consistent with
nearby historic buildings of the hamlet.
[4]
Heights. The height of new buildings should approximate the height of nearby buildings. Houses in the Hamlet District are generally smaller than their contemporary counterparts. Most are built on low, stone foundations, and ceiling heights can be 8 feet to 10 feet. Some variance in height is acceptable since most hamlet blocks contain a predominance of one- and two-story structures, with an occasional three-story building. Maximum height, from primary-facade grade to roof peak, shall be 35 feet. In no case shall a building exceed three stories. See also bulk requirements and Subsection C for other limitations within the Hamlet District.
[5]
Fenestration. Fenestration refers to the pattern and arrangement
of openings on the facade of a building. While windows and doors on
new buildings do not have to duplicate historic windows, the dimensions
and placement on the building should be respected. Blank walls should
be avoided. The main entrance is usually the most prominent feature
of houses within the hamlet and should be emphasized in new construction
as well.
[6]
Landscaping. Landscaping is an important and integral feature
of the hamlet. The site plan for new construction projects should
identify existing trees, walls, walks, or other features, which should
be incorporated into the landscape design, and every effort should
be made to save existing trees, shrubs, and landscape features, which
have important value.
(d)
Guidelines for new construction.
[1]
Site new buildings so that the setback, spacing and orientation
to the street are consistent with existing buildings within the given
block or street;
[2]
New construction should have a similar height and width to existing
buildings within a block or street;
[3]
Relate the roof form, pitch, and overhang of new construction
buildings to existing roofs within the hamlet;
[4]
Design the spacing, pattern, proportion, size, and detailing
of windows, doors, and vents to be compatible with existing buildings
within the district;
[5]
Incorporate architectural elements and details that provide
hamlet scale to proposed new buildings. Design new buildings using
exterior materials typical of buildings in the hamlet, including brick,
wood, and stone. Materials such as cast stone, fiber cement, and concrete
are appropriate for new construction if they are used in a manner
compatible with construction techniques and finishes used for existing
buildings in the district. It is not appropriate to substitute vinyl
or aluminum siding in place of traditional materials typical of the
historic hamlet; and
[6]
Incorporate existing large trees, historic landscape and other
features, such as stone walls, scenic views and paper roads, into
the proposed site plan. During construction, protect trees and site
features to be retained by temporary fencing, and do not disturb or
contaminate the soil or store construction materials within the root
zone of trees to be saved.
(2)
Landscape plan. A detailed landscaping plan shall be included with
the site plan submission to enhance the building design and to buffer
the structure from surrounding property where conflict may result,
such as parking facilities near yard spaces, streets or residential
units, and different building heights, design or color.
(3)
Porches. Within the Hamlet Zoning District only, single-family residences
should have covered porches at least six feet deep, along at least
a portion of the front of the building, or along the side coming to
the front.
(4)
Fences. Front yard fencing, if provided, must be wood picket, wrought
iron, stone or timber in a traditional design, at least two feet high,
but not more than four feet high. Fence materials and designs shall
be consistent with the character of the hamlet.
(5)
Elevations. Architectural renderings depicting all sides of the building(s)
shall be provided.
(6)
Storage. Refuse storage (dumpster) locations shall be depicted on
the plans, shall not be located near, or adjacent to, surrounding
residential properties and shall be screened with plantings or compatible
fences made of natural materials.
(8)
Building height. Design the height of new buildings to be consistent
with that of neighboring buildings. Building height shall be subject
to a review of the extent to which it will block existing views from
surrounding property. Substantial view blockage shall be avoided by
alternative roof design or imposition of a special height limit as
a condition of approval. The Planning Board may require a viewshed
analysis to determine visual impacts and appropriate mitigation measures.
(9)
Setbacks. Setbacks from the street should be consistent with the
prevailing setbacks on adjoining properties, as determined by the
Planning Board.
(10)
Parking. The following parking requirements shall supersede
other parking regulations contained in this chapter.
(a)
Shared parking. Shared parking, defined as one or more parking
facilities being used jointly by multiple users, shall be allowed.
Parking demands must "peak" during different times of the day. There
shall be a shared-use agreement between the parties who will be sharing
parking evidenced by reciprocal easement agreements filed in the Dutchess
County Clerk's office. Parking shall be within 500 feet of the use.
(b)
Credit for on-street parking. The amount of required off-street
parking shall be reduced by one off-street parking space for every
on-street parking space adjacent to the use. The allowable credit
toward off-street parking requirements shall be addressed during site
plan review.
(c)
The Planning Board has the power to reduce or waive minimum
off-street parking requirements, taking into account the proposed
use, pedestrian accessibility and other reasonable indications that
the amount of parking is adequate to meet estimated parking needs.
(d)
Parking for residential uses shall be located to the rear of
the structure if possible. If parking is accessed from the front street,
the parking garage shall be located at least 20 feet back from the
front of the dwelling.
(11)
Waivers. The Planning Board may waive or modify any requirement under this § 125-69 under the following circumstances:
[Amended 7-25-2016 by L.L. No. 5-2016]
(a)
Where the Planning Board finds that compliance with the objectives
and guidelines for either additions to existing structures or new
construction is not possible due to the exceptional conditions of
topography, access, location, shape or other physical features of
the site, the minimum requirements of these regulations may be waived
or modified, provided that the public interest is protected, the plan
is in keeping with the general spirit and intent of these regulations
and full compliance with SEQRA and the Town’s Local Waterfront
Revitalization Program is still provided.
(b)
No waiver or modification may be granted if it would have the
effect of nullifying the intent and purpose of the Zoning Law, the
Comprehensive Plan or these regulations. No waiver or modification
may be made on a condition which would otherwise require variance
from the Town Zoning Board of Appeals, such as in the case of request
for approval of a use not authorized within the underlying zoning
district. The Planning Board may refer a request for a waiver to the
Zoning Board of Appeals for an interpretation as to whether such request
constitutes a waiver or variance. The Planning Board may hold a public
hearing on a request for waiver from the standards set forth within
this section, in addition to the mandatory public hearings on the
proposed special use permit and site plan approval.
(c)
The Planning Board may, in granting waivers of or modifications
to the standards or guidelines herein, incorporate such reasonable
conditions as will, in its judgment, substantially secure the objectives
of the requirements so waived.
(d)
No waiver or modification may be deemed approved or granted
by implication. All waivers and modifications must be expressly sought
in writing by the applicant and set forth in the written findings,
resolution and minutes of the Planning Board.
A.
Intent. The Town Board finds that specific properties within the
Hamlet - Transition (Rc-HT) District, which are located proximate
to the Rhinecliff Business (RB) and Hamlet (H) Zoning Districts, will
serve to encourage the preservation of the historic character of the
hamlet while maintaining its residential integrity. The economic fabric
of the Town and hamlet will be compromised if the character of these
properties is allowed to disappear.
B.
Objectives. Properties included in the Rc-HT District have been or
have the potential to be adaptively reused for low-intensity mixed
uses. In order to maintain and protect the small-scale historic residential
quality of these properties, adaptive reuse will be allowed by site
plan and special use permit subject to the conditions established
herein. The Rc-HT District standards will protect the residential
quality of the structures and those contiguous thereto, by retaining,
strengthening, and enhancing their residential characteristics and
ensuring that the new low-intensity business uses respect the continuing
residential uses. The Rc-HT District will provide a transition between
the more intensive business uses in the Rhinecliff Business District
and the residential uses in the Hamlet District. The special use permit
conditions of the Rc-HT District will be in addition to the underlying
provisions of the H Zoning District and will only replace specific
provisions where stated.
C.
Special use permit. New Rc-HT District uses shall be allowed, by
special use permit, only after the Planning Board is satisfied that
the use will meet the following conditions:
(1)
Use and occupancy. Mixed residential and business use is allowed,
but only one business use shall be allowed for each lot.
(2)
Appearance.
(a)
Business uses should be conducted in a manner that does not
give the outward appearance of a business nor create adverse impacts
on the residential character of the Hamlet District.
(b)
Business uses shall be conducted inside the building, outbuilding
or garage and such use will be permitted, provided that any exterior
changes made, in the judgment of the Planning Board, conform to the
historic character of the hamlet.
(c)
Business uses shall have no external storage of materials, equipment,
containers, finished products or associated vehicles outside the building,
outbuilding or garage other than that which is customarily associated
with the residential use.
(d)
Business uses shall not create offensive noise, vibration, smoke,
electrical interference, dust, odors, heat, or light.
(3)
Traffic and parking.
(a)
The anticipated trip generation of the use, as determined by
the Planning Board, shall maintain the integrity of the residential
character of the hamlet and immediate neighborhood.
(b)
The Planning Board, during site plan review, may require pedestrian
or vehicle interconnections, if applicable, between neighboring properties
in order to protect the health and safety of the public and to reduce
traffic congestion.
(c)
Business uses that generate vehicular visits should provide adequate parking in accordance with the Town parking requirements found in Article V, § 125-36, to the greatest extent practicable and in a manner and style that does not diminish the residential qualities of the hamlet and the immediate neighborhood. The Planning Board remains responsible for determining the necessity and adequacy of parking.
(d)
If feasible and applicable, parking shall be located behind the front facade line of the principal dwelling unit on the lot or preferably behind the building, and it shall be suitably screened with planting and/or fencing designed in accordance with §§ 125-38 and 125-57 of this chapter and approved by the Planning Board.
[Amended 7-25-2016 by L.L. No. 5-2016]
(4)
