A. 
In order to provide adequate open space for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population and to lessen congestion on streets, no building or premises shall be erected, altered or used except in accordance with the standards set forth in this article.
B. 
Density Control Schedule. The attached schedule of density control regulations is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the "Density Control Schedule."[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
A. 
Purpose. The purpose and intent of these provisions are to offer a density bonus as an incentive to applicants who provide senior citizen housing. The Town of Kinderhook Comprehensive Plan identifies the provision of senior housing as an important need. The Town may offer incentives in the form of a density bonus as described below. Applicants who provide multifamily housing for senior citizens are eligible for this bonus in exchange for assurance that housing permitted specifically for seniors will remain so over time. The incentives provided in this section are adopted pursuant to Town Law § 261-b. Other bulk requirements applicable to senior housing are presented in this section.
B. 
Districts designated for incentives. The following districts are designated as eligible for density bonuses to those applicants who offer an acceptable amenity in the form of affordable senior housing, and the following details the density that may be allowed as an incentive and required bulk dimensions:
[Amended 4-12-2004 by L.L. No. 6-2004]
Eligible Zone
Allowable Units
Minimum Lot Size
(acres)
Minimum Dimension of Units
(square feet)
AR
Up to 30 units
5
650 for 1 bedroom; 800 for 2 bedrooms
R-2
Up to 30 units
3
650 for 1 bedroom; 800 for 2 bedrooms
R-3
Up to 30 units
3
650 for 1 bedroom; 800 for 2 bedrooms
H
Up to 30 units
3
650 for 1 bedroom; 800 for 2 bedrooms
B-1
Up to 30 units
3
650 for 1 bedroom; 800 for 2 bedrooms
B-1A
Up to 30 units
3
650 for 1 bedroom; 800 for 2 bedrooms
MFO
Up to 30 units
3
650 for 1 bedroom; 800 for 2 bedrooms
C. 
Criteria and procedure for approval.
(1) 
Procedures. The applicant shall apply to the Planning Board to receive a density bonus for senior housing along with the application for a special use permit, site plan review, or subdivision approval, as the case may be. No density bonus shall be approved, approved with modifications, or disapproved pursuant to this section until a public hearing has been held. The public hearing shall be held at the same time that the public hearing is held for site plan, subdivision, and/or special use permit approval. The Planning Board must make its decision on the density bonus application at the same time it makes its decision on site plan, subdivision, and/or special permit approval. As part of this application, the applicant shall be required to place permanent age deed restrictions in the deed to conform with the definition of "senior citizen" as defined in § 250-2.
(a) 
Criteria for approval are:
[1] 
When acceptable community benefits include housing for senior families in single-family dwellings, two-family dwellings, townhouses, apartments or any combination of the foregoing. Certain related ancillary facilities, such as a cafeteria, self-service laundry, lounge, game room, or library, are also acceptable community benefits when they are in combination with dwelling units for senior families.
[2] 
When the proposed senior housing preserves mature trees, slopes in excess of 15%, wetlands and stream corridors.
[3] 
When the proposed senior housing is located so that adequate resources, environmental quality, and public facilities, including water supply, wastewater, fire protection and emergency services, are available.
[4] 
When the proposed senior housing is in accordance with the parking, signage, and landscaping requirements of this chapter.
[5] 
When the proposed senior housing is buffered from view by vegetation, fencing or earthen berms placed in such a manner that they make structures, objects, or parking lots not visible from a public road or any other adjacent lot throughout the year.
(2) 
Assessment of benefits. To ensure that the benefits of receiving a density bonus are linked to the community's needs, the Planning Board must examine whether there are any negative impacts on the Town or surrounding neighborhood by the proposed senior housing. The Planning Board's review shall include, but is not limited to, ensuring that adequate resources exist; that environmental quality will not be negatively impacted; that public facilities, such as transportation, water supply, waste disposal, emergency services and fire protection, are adequate; and that the proposed senior housing is compatible with surrounding neighborhoods. The Planning Board may impose such conditions as needed to ensure that adequate resources exist, that environmental impacts are minimized, and that the proposal will be compatible with surrounding neighborhoods.
(3) 
Town Law § 261-b, Subdivision 3(d), also requires that a supplemental generic environmental impact statement be prepared, and the applicant must pay a proportionate share of the cost of preparing the environmental impact statement. Such a supplemental generic environmental impact statement shall address the impacts of the proposed senior housing on the Town, adjacent properties, and the environment.
(4) 
No approval of the density bonus provided for in this section shall become effective until the applicant records in the office of the Columbia County Clerk an instrument restricting the use of the property which is the subject of the density bonus so that said property may be used only for senior family housing. This instrument creating this restriction must provide that it is enforceable by the Town of Kinderhook. Any party owning any interest in said property as of the date of the approval must consent to the restriction.
Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.
A. 
The following projections into required yards may be permitted:
(1) 
Open fire escapes: four feet into the required side or rear yard.
(2) 
Awnings or movable canopies: six feet into any required yard.
(3) 
Cornices, eaves and other similar architectural features: three feet into any required yard.
B. 
Any open or enclosed porch or carport shall be considered a part of the building in the determination of the size of the required yard or lot coverage.
C. 
Accessory uses not enclosed in a building shall not be located in a required front or side yard but may be located in a required rear yard, subject to the provisions of § 250-19E.
District building height regulations shall not apply to flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, parapets or railings, water tanks or cooling towers or any similar structures, provided that such structures in their aggregate coverage occupy no more than 10% of the roof area of the building. Barns and silos may exceed height limitations of this chapter, provided that for each one foot by which each barn or silo exceeds the height of 35 feet, the minimum yard requirements shall be increased by one foot, but in no case need exceed 100 feet.
A. 
The minimum lot area per dwelling unit shall be in accordance with the Density Control Schedule.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
B. 
A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size for transfer of ownership if such lot so subdivided will form two or more lots which shall not be in compliance with the requirements for the minimum lot area per dwelling unit for the district in which such lot or lots are situated, except as provided in § 250-27.
C. 
In cases where two or more adjacent, undersized and undeveloped lots exist under the same ownership, they must be combined to meet the minimum lot size of the zoning district in which they are located.
Side yards for semidetached and attached dwellings shall be required at the ends of the total structure only.
There shall not be more than one principal dwelling structure on any residentially zoned lot.