[Amended 5-22-2017 by L.L. No. 2-2017]
The height limitations set forth in the District Schedule of
Area and Bulk Regulations shall be applicable to principal and accessory buildings
and structures. Building elements, such as roof air conditioners or
elevator shafts that have the potential to detract from the aesthetics
of the building's architecture, should be designed to appear as if
they are an integral architectural element of the structure. No structure,
or other exception, shall be used as a place for habitation or for
signage not otherwise authorized by this chapter. The height limitations
shall not be applicable to the following:
A. Flagpoles, agricultural barns and silos, and similar structures, which in no case shall exceed 80 feet in height above average finished grade at its base. Special height requirements apply to communications towers found in Article
VI, §
125-69.
B. Spires, belfries, chimneys, cupolas, skylights, water or cooling
towers, parapets or railings, elevators, stair bulkheads, air-conditioning
units or similar small-scale structures, that are not to be used for
human occupancy, which in their aggregate coverage occupy no more
than 10% of the roof area of the building of which they are an integral
architectural or mechanical element. Such features shall be erected
only to such minimum height as is necessary to accomplish the purpose
for which they are intended and shall not detract from the visual
appearance of the structure as determined by the Planning Board.
The following architectural features of a building may extend
into a required yard subject to the limitations provided herein:
A. Ordinary projections of window sills, belt courses, cornices, eaves
and other architectural features; provided, however, that such features
shall not project more than three feet into any required yard;
D. Unroofed steps, patio or terrace not less than 20 feet from the highway
right-of-way nor less than 10 feet from any side or rear lot line,
provided that the building complies with the yard requirements of
this chapter and that no objectionable or offensive lighting inhibits
the reasonable enjoyment of neighboring properties;
E. Awning or movable canopy not to exceed 10 feet in height, nor projecting
more than six feet into any required yard; and
F. Required exterior fire stairways on the side or rear of a building
and extending not more than eight feet from the principal building
or closer than five feet to any lot line.
G. Bay windows, including their cornices and eaves, may project into
any required yard not more than three feet; provided, however, that
the sum of such projections on any wall does not exceed 1/3 of the
length of said wall.
H. Ramps, lifts and similar improvements required to provide access
for handicapped or otherwise disabled persons and/or compliance with
the Americans with Disabilities Act (ADA).
[Added 3-12-2018 by L.L.
No. 2-2018]
Except for agricultural structures, where more than one principal
building may be permitted on a lot, no detached principal building
shall be located closer to any other principal building on the same
lot than the height of the taller of said buildings.
On streets, roads or highways with less than a fifty-foot right-of-way
or which are considered user highways, the front setback shall be
measured perpendicularly from the center line of the existing street,
road or highway with 25 feet added to the required front yard setback
to establish the building line (i.e., 25 feet + x feet = Building
Line; where x feet = the minimum building setback for the front yard
of a lot). For example, in the RC5 Zoning District, where the required
front yard setback is 100 feet, the building line would be 100 feet
+ 25 feet = 125 feet as the minimum front yard setback.
In its review and approval of a conventional subdivision plat
in accordance with § 276 of the Town Law, the Land Subdivision
Regulations of the Town of Rhinebeck, the special use permit requirements of Section VI of this
chapter, and where lots are being platted exclusively for residential
use, the Planning Board may, and shall be authorized to, permit the
following exceptions to the minimum lot width and minimum lot frontage
requirements set forth in the District Schedule of Area and Bulk Regulations.
A. In the case of any proposed lot with not less than 75% of its frontage
on the circumference of the turnaround of a permanent cul-de-sac to
be installed within the subdivision, the following reduced minimum
requirements in the respective districts may be applied for creation
of a conforming lot:
(1) In the Historic Preservation (HP20) District, minimum lot frontage
of 500 feet and minimum lot width of 500 feet.
(2) In the Rural Agricultural (RA10) District, minimum lot frontage of
400 feet and minimum lot width of 400 feet.
(3) In the Rural Countryside (RC5) District, minimum lot frontage of
160 feet and minimum lot width of 240 feet.
(4) In the Residential Low Density (RL5) District, minimum lot frontage
of 160 feet and minimum lot width of 240 feet.
(5) In the Residential Medium Density (RM1) District, minimum lot frontage
of 90 feet and minimum lot width of 120 feet.
B. "Flag lots" in conventional subdivisions and as defined in Article
XIII of this chapter may be authorized as conforming lots within the HP20 and RA10 Zoning Districts. In a limited number of occurrences in all other residential zoning districts, except the Village Gateway and Rc-H Districts, where the Planning Board finds it to be essential to permit reasonable use of the subdivision tract without adverse environmental impact or in contravention of the public health, safety and welfare, flag lots may be authorized as conforming lots, provided that the guidelines set forth in Subsection
B(1) through
(4) below are considered. The Planning Board, before authorizing a flag lot or lots in a subdivision, should consider the uniqueness of the property, owing to topography, remoteness of location, protection of open space, biodiversity resources, surface water resources, and viewsheds:
(1) The number of flag lots authorized on any subdivision plat should
be related to the total number of lots shown on the final plat and
should not exceed one flag lot for every six lots unless the Planning
Board determines it is appropriate to do so based upon the nature
of the land, including but not limited to topography, location, shape,
size, drainage, surface water and groundwater resources, and other
physical features of the site as well as the character of the surrounding
community.
(2) Any authorized flag lot shall have a minimum lot frontage of 40 feet
and, if contiguous to another lot with less than the minimum frontage
prescribed in the District Schedule of Area and Bulk Regulations, share a common access point and driveway with such adjacent
lot.
(3) Any authorized flag lot shall have not less than the minimum lot
width specified for the zoning district at the building line established
on the subdivision plat, rather than at the minimum required front
setback line, as otherwise required by this chapter. The building
line so established may not be less than 100 feet in the HP20, RA10
and RC5 Districts, 75 feet in the RL5 District and 50 feet in the
RM1 District further from the lot frontage than the line at which
the minimum lot width specified for the zoning district is first achieved.
(4) Any authorized flag lot shall satisfy the minimum lot area requirement
specified for the zoning district by consideration of only that land
which lies further from the lot frontage than the line at which the
minimum lot width specified in the District Schedule of Area and Bulk
Regulations for the zoning district is first achieved.
Where the side or rear yard of a lot abuts a side or rear yard
of a lot in a more restricted zoning district, there shall be provided
along both sides of such abutting lot line or lines side or rear yards
equal to those required in the more restricted zoning district.
No more than 25% of the required minimum lot area in a conventional subdivision, for any lot in any district, may be fulfilled by land which is included within a designated wetland, as delineated by the New York State Department of Environmental Conservation, regulated by the United States Army Corps of Engineers and/or the Town of Rhinebeck, which lies under water, or which is subject to periodic flooding under conditions of a one-hundred-year flood, as delineated by the FF-O District. When calculating the dimensional standards to be applied in a conservation subdivision, no more than 25% of the house lot area may be fulfilled by land which is included within a designated wetland, as delineated by the New York State Department of Environmental Conservation, regulated by the United States Army Corps of Engineers and/or the Town of Rhinebeck, which lies under water, or which is subject to periodic flooding under conditions of a one-hundred-year flood, as delineated by the FF-O District. All minimum front, side and rear yard requirements must be satisfied by measurement wholly on dry land, except that, for purposes of this section, land which is covered by an isolated pond not exceeding 150 square feet in surface area at normal high water level shall not be considered as being under water. Chapter
120 of the Town Code, the Town of Rhinebeck Freshwater Wetlands Law, also imposes additional requirements and may require issuance of a wetlands permit by the Town Planning Board. Applicants for development should consult Chapter
120 and, as applicable, state and federal agency requirements, to obtain a complete understanding of the regulations in place on sites containing freshwater wetlands.