The boundaries of the zoning districts set forth in §
275-4 are shown on a map entitled "Zoning Map of the Town of Pine Plains," hereinafter referred to as the "Zoning Map," certified by the Town Clerk as adopted by the Town Board of the Town of Pine Plains. The Zoning Map, together with all explanatory matter shown thereon and all amendments thereto, is hereby adopted and is declared to be an appurtenant part of this Zoning Law.
Where uncertainty exists with respect to the boundary of any
zoning district shown on the Zoning Map, the following rules shall
apply:
A. Where a district boundary is indicated as approximately following
the center line or right-of-way line of a street, highway, railroad,
public utility easement, or watercourse, said boundary shall be construed
to be coincident with such line. Such boundary shall be deemed to
be automatically adjusted if a center line or right-of-way line of
such street, highway, railroad, public utility, or watercourse is
moved a maximum distance of 50 feet.
B. Where a district boundary is indicated as approximately following
the Town of Pine Plains boundary line, a property line, or a lot line,
the district boundary shall be construed to be coincident with such
boundary, property or lot line.
C. Where a district boundary is so indicated that it is approximately
parallel to the Town of Pine Plains boundary line, a property line,
lot line, right-of-way line, or projections thereof, said boundary
shall be construed as being parallel thereto and at such distance
as indicated on the Zoning Map or as shall be determined by use of
the scale shown on the Zoning Map.
D. Where a district boundary divides a single lot in a single or joint
ownership of record at the time such line is established, the regulations
for the less restricted portion of such lot shall extend not more
than 30 feet into the more restricted portion, except that this provision
shall not apply to lots located in the WP District.
E. In all other cases, the location of a boundary shown on the map shall
be determined by the use of the scale appearing thereon.
Except as hereinafter provided:
A. No building shall be erected, moved, altered, rebuilt or enlarged,
nor shall any land or building be used, occupied, designed or arranged
to be used, for any purpose or in any manner except in conformity
with all regulations, requirements and restrictions specified in this
Zoning Law for the zoning district in which such building or land
is located.
B. Unless as otherwise permitted herein, no more than one principal
building or use shall be permitted on any individual lot. No yard
or other open space required in connection with any building or use
shall be considered as providing a required open space for any other
building on the same or any other lot.
C. No lot shall be subdivided from part of a lot already occupied by
a building unless such building, all yards and open spaces connected
therewith and the remaining lot comply with all requirements prescribed
by this Zoning Law for the district in which said lot is located.
D. Table A establishes use regulations for the base zoning districts. Any use which is not permitted as a matter of right, pursuant
to a special use permit, or allowed as an accessory use as set forth
in Table A, Schedule of Use Regulations, shall be deemed to be prohibited
unless otherwise allowed by the provisions regulating an overlay district.
[Amended 9-16-2021 by L.L. No. 1-2021]
E. Buildings under construction. Where a building permit has been issued
lawfully prior to the effective date of this Zoning Law, and provided
that construction is begun within 120 days of the effective date of
this Zoning Law and is diligently pursued, said building may be completed
in accordance with approved plans and may be occupied by the use originally
intended, provided construction is completed and the certificate of
occupancy issued in accordance with the conditions prescribed. Such
buildings and uses shall be subject to the provisions of this Zoning
Law pertaining to nonconforming buildings and uses if the building
or use is nonconforming.
F. Existing lots of record.
(1) Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Article
XVIII of this Zoning Law, which does not comply with the minimum lot area requirements set forth in Table B, Schedule of Bulk Regulations, provided that each of the following criteria is satisfied:
(a)
Development of the lot shall satisfy all requirements applicable
to potable water supply and sewage disposal systems promulgated by
the Town of Pine Plains, the Dutchess County Health Department, the
New York State Department of Health and New York State Department
of Environmental Conservation.
(b)
The lot is either:
[1]
Shown on a subdivision map filed in the Office of the Dutchess
County Clerk, prior to the creation of a Planning Board and Subdivision
Regulations of the Town of Pine Plains; or
[2]
The lot is part of a subdivision plat approved by the Town of
Pine Plains Planning Board in accordance with the Pine Plains Subdivision
Regulations, and filed in the Office of the Dutchess County Clerk,
in a timely manner pursuant to Town Law.
(c)
The use of the lot shall be limited to one principal single-family
detached dwelling and such other accessory dwellings and structures
as may be permitted by this Zoning Law.
(d)
The lot is developed in accordance with all other bulk requirements
for the zoning district in which it is located as set forth in Table
B of this Zoning law.
(2) The use of an existing lot not meeting the requirements set forth
above shall require an area variance(s).
G. Pending Planning Board and building permit applications. Any site
plan, subdivision or building permit application which was submitted
prior to and is still pending on the effective date of this Zoning
Law may continue to be processed and considered by the permitting
authority, provided the application is amended to fully comply with
the requirements of this Zoning Law. The amended application shall
not be deemed complete until such time as all the application requirements
of this Zoning Law are submitted and accepted by the permitting authority
and, where SEQRA is applicable, a negative declaration has been filed
or, where a positive SEQRA declaration has been or is issued, a notice
of completion of the draft environmental impact statement has been
filed in accordance with the requirements of SEQRA. The permitting
authority and/or the lead agency may, in its discretion, and where
appropriate and relevant to the permitting and SEQRA review of the
amended application, allow application and/or SEQRA submissions made
by the applicant to the permitting authority and/or lead agency prior
to the effective date of this Zoning Law to be deemed part of the
amended application and SEQRA review of the amended application. This
provision shall not be interpreted as vesting any rights in the applicant
to approval of any applications submitted prior to, and pending, on
the effective date of this Zoning Law.