The general area and bulk regulations in each
zoning district are set forth in the attached District Schedule of
Area and Bulk Regulations.[1] This schedule is supplemented, as appropriate, by other provisions of this chapter, including the supplementary regulations stated in Article V.
A.
No structure shall be erected, moved, altered, enlarged
or rebuilt, nor shall any open space surrounding any building be encroached
upon or reduced in any manner, unless it is in conformity to the District
Schedule of Area and Bulk Regulations, except as hereinafter provided.
B.
No yard or lot existing at the time of the passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, with such lots established in accordance with the requirements of Chapter 206, Subdivision of Land.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
The provisions of this chapter shall be subject
to such exceptions, additions or modifications as provided by the
following general regulations:
A.
Lot for every principal building. Every building hereafter
erected shall be located on a lot as herein defined, and there shall
be not more than one principal building on one lot, except for agricultural
operations, multifamily developments, community facilities and except
as specifically permitted elsewhere in this chapter. 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.
B.
Subdivision of a lot. Where a lot is hereafter formed from the part of a lot already occupied by a building, such separation shall be effected in such a manner that each lot thus created conforms to all of the requirements of this chapter and Chapter 206, Subdivision of Land.
C.
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this article
to a particular lot because of the peculiar or irregular shape of
the lot, the Planning Board shall determine how the District Schedule
of Area and Bulk Regulations shall be applied.
A.
Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Article VIII of this chapter, of less than the prescribed lot area, lot width or lot frontage for the district in which it is located, provided that:
(1)
Such lot may not be used for more than one dwelling
unit and its associated accessory structures.
(2)
Such use shall satisfy all applicable requirements
of the Town of Clinton and the New York State Departments of Health
and Environmental Conservation for potable water supply and sewage
disposal facilities.
(3)
All other area and bulk regulations for that district
shall be met.
B.
Any lands that may be described separately, but are
part of a single deed or which have not been duly approved as separate
building lots by the Planning Board and filed as separate lots in
the office of the Dutchess County Clerk, whether or not they are separate
lots for property tax purposes, require subdivision under the provisions
of this chapter.
A.
In all districts where residences are permitted, a
lot may only be improved for residential use in accordance with the
minimum lot area and related bulk regulations for the district as
set forth in the District Schedule of Area and Bulk Regulations,[1] except as provided in § 250-18 above regarding existing lots of record, or as provided in § 250-42 of this chapter regarding residential cluster development in accordance with Chapter 206, Subdivision of Land, and § 281 of the Town Law. If two or more principal residential structures or if a single structure containing two or more dwelling units is located or proposed to be located on the same lot, except for residential conversion authorized under this chapter by special use permit, the minimum lot area per dwelling unit requirement must be complied with, and all other requirements of the law and other applicable laws, rules and regulations must be strictly met. Further, a residential lot of required or greater than required area as set forth in this chapter shall not be reduced in area for transfer of ownership if such lot so divided will form any lot which shall be less than the minimum lot area required in that district or for the existing use.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
B.
In all districts, except Hamlet or Residential Hamlet Districts, the minimum acreage required for each principal use other than for a dwelling unit shall be the same as the minimum acreage for a single dwelling unit in that district, as set forth in the District Schedule of Area and Bulk Regulations, except as otherwise provided in Articles III, IV and V for that principal use. In H and RH Districts, the provisions of § 250-11C(4) apply.
C.
In consideration of minimum lot area, the following
restrictions apply:
(1)
Individual septic tanks shall be permitted on existing
lots of record of not less than 20,000 square feet in area.
(2)
All septic tank installations or sewage disposal systems
shall otherwise conform to the requirements of the Dutchess County
Department of Health.
(3)
No such septic tank shall be permitted in low, swampy
areas with a high water table (permanent, fluctuating, or seasonal),
areas with ledge rock, or areas that are subject to flooding.
(4)
The installation of a septic system utilizing pumping
shall be permitted where approved by the Department of Health.
(5)
The pumping of cesspools and septic tanks shall be
permitted; however, the disposal of the contents thereof shall not
be permitted within the Town of Clinton, except as approved by the
Town Board.
The height limitations set forth in the District
Schedule of Area and Bulk Regulations[1] shall apply to all buildings and structures, but shall
not be applicable to the following:
A.
Flagpoles, radio or television antennas, transmission towers or cables, agricultural barns and silos, and similar features, any of which shall be restricted to a maximum height of 80 feet above average finished grade at its base, except as otherwise provided in § 250-44.
[Amended 3-28-2000 by L.L. No. 1-2000; 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015]
B.
Spires, belfries, chimneys, skylights, water or cooling towers, parapets
or railings, elevators, stair bulkheads, air-conditioning units or
similar structures 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, not to extend more than 20 feet above
the roof or 20 feet above the maximum height allowed in the district,
whichever is less restrictive. No structure listed in this section
shall be used as a place for habitation or for advertising not otherwise
authorized by this chapter.
[Amended 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015]
C.
For each foot a building or structure exceeds the
maximum height specified in the District Schedule of Area and Bulk
Regulations, it shall be offset from the property lines one foot in
addition to the applicable yard requirements.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
A.
On a corner lot, each street frontage shall be deemed
to be a front street line, and the required yard along each such lot
line shall be a required front yard. However, the above notwithstanding,
no lot shall be interpreted to have more than two front yards regardless
of how such lot is located or configured. The owner, in consultation
with the Zoning Administrator, shall establish which of the remaining
yards shall be the required side yard and the required rear yard.
B.
On a corner lot, no fence, wall, hedge or other structure
or planting, more than three feet in height, shall be erected, placed
or maintained within the triangular area formed by the intersecting
street right-of-way lines and a straight line joining said street
right-of-way lines at points which are 30 feet distant from the point
of intersection, measured along said right-of-way lines. The height
of three feet shall be measured above the road surface at the nearest
edge of the road traveled. This subsection shall not apply to existing
or planting of trees, provided that no branches are closer than six
feet to the ground, and that proper visibility is provided.
[Amended 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015]
A.
Accessory structures, as defined in this chapter, may not be located in any yard of a residential lot except as permitted in § 250-23, Measurement and use of yards, and are subject to the following limitations. In no event shall these limitations apply to ground-mounted solar energy systems or to ground-mounted wind energy systems, which shall be governed by § 250-49.1.
(1)
No such structure shall exceed 25 feet in height in any residential
district, except agricultural buildings.
(2)
All structures in the aggregate shall not exceed the maximum building
coverage as set forth in the Schedule of Area and Bulk Regulations,[1] except for agricultural buildings.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
No such structure shall project closer to the fronting street than
the principal building on the lot or the required front yard setback
for the district, whichever shall be less restrictive.
(4)
Not more than three such accessory structures, other than permitted signs or agricultural buildings on a farm as defined herein, of which no more than one shall be a private garage, shall be permitted on a lot in a residential district, except where lots are held in common ownership in accordance with § 250-42, Cluster development, residential.
(5)
If any accessory structure is attached to a principal building or
semidetached therefrom, including attachment by means of a breezeway
or a roofed passageway, it shall comply in all respects to the area
and bulk regulations of this chapter applicable to the principal building.
No such accessory structure shall be constructed nearer to the front
lot line than is permitted for the principal building or nearer to
any side or rear lot line than the distance required in the Schedule
of Area and Bulk Regulations, except as specifically provided elsewhere
in this chapter.
(6)
An accessory structure, other than for agricultural use, shall not
be larger than the footprint of the principal building on the lot.
B.
Addition of one accessory structure without permit.
[Added 7-12-2016 by L.L.
No. 1-2016, effective 7-29-2016]
(1)
One accessory structure with a maximum floor area of 120 square feet
may be installed or constructed and utilized without the issuance
of a building permit or certificate of occupancy, provided that:
(a)
The structure does not have a permanent foundation.
(b)
The structure is not served by any utility such as electricity,
gas or plumbing.
(c)
The structure does not exceed 10 feet in height.
(d)
The structure is never used for human habitation.
(e)
All other requirements of this chapter related to accessory
structures are fully met.
A.
The front yard setback is measured from the nearest
point on the center line of the road or right-of-way. Where the width
of the right-of-way is greater than 60 feet, the front yard is measured
from the nearest edge of the right-of-way.
B.
No part of a yard or other open space required in
connection with any building or use shall be included as part of a
yard or other open space similarly required for another building.
C.
Minimum yards, as required herein, shall not be used
for the storage of merchandise, equipment, building materials, junk,
vehicles, vehicle parts or any other material or for signs, except
as otherwise specifically permitted herein.
D.
Minimum yards may not be encroached upon for construction,
except:
(1)
Ordinary building projections, including, but not
limited to, bay windows, fireplaces, fire escapes, chimneys, uncovered
stairs, landings, balconies and cornices, canopies, eaves, or other
architectural features not required for structural support, up to
three feet into the required yard;
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
(2)
Exterior stairs, up to eight feet into the required
yard, but not closer than five feet to any lot line;
(3)
Awnings or movable canopies, up to six feet into the
required yard;
(4)
Retaining walls, fences, masonry walls, open arbors,
trellises;
(5)
Unroofed steps, patios or terraces not less than 20
feet from the street or right-of-way line nor less than 10 feet from
any side or rear lot line;
(6)
Bus passenger shelters, playhouses, toolhouses, garden houses, or similar nonpermanent structures, not to exceed 50 square feet, and located not closer than 10 feet to any lot line or street right-of-way line. Such nonpermanent accessory structures shall not be included in the maximum number permitted by § 250-22, Accessory structures.
No lot shall be created, nor any driveway permit
issued, nor any building permit issued for any structure, unless the
lot upon which such application is made has not less than 40 feet
of frontage on and access to a public street or highway, as defined
by § 280-a of the Town Law, which street or highway shall
have been suitably improved or a bond posted therefor to the satisfaction
of the Town Board as provided in said law.
A.
Rear lots are allowed in any district. Such lots may
be approved only where they will not endanger public health and safety
and will advance the purposes of this chapter, including the preservation
of natural and scenic resources.
B.
Rear lots are subject to the following additional
conditions:
(1)
The accessway to the rear lot must be not less than
40 feet wide along its entire length, and must be contained entirely
within the lot, except where an easement exists through lands owned
by a public utility.
(2)
At least 75% of the required minimum lot area for
a rear lot shall be contained in the area of the rear lot which does
not include the area of the minimum accessway to the lot (i.e., 40
feet times the length of the accessway).
(3)
No two accessways to rear lots may abut. The Planning Board may waive this requirement and allow no more than two abutting accessways to rear lots, except as allowed in Subsection B(5) below.
(4)
A driveway entrance must be a minimum of 80 feet, at its closest point, from another existing or proposed adjacent driveway on the same side of the road, except where two abutting accessways have been allowed by the Planning Board pursuant to Subsection B(3) above, and except as allowed in Subsection B(5) below.
(5)
The requirements in Subsection B(3) for nonabutting accessways and the requirements in Subsection B(4) for 80 feet between adjacent driveways shall not apply at the closed end of a cul-de-sac, in which case the Planning Board may approve such accessway locations as it finds will meet the objectives of this chapter.
(6)
Any authorized rear lot must have at least 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 must meet the minimum building setback and must
be at least 50 feet farther from the point at which the lot achieves
the minimum lot width.
(7)
In considering the best use of land in a subdivision,
the Planning Board may limit the number and location of such rear
lots and the length of the accessways, and shall require such other
changes in design and layout of the subdivision so that the rear lots
will be in keeping with the Town of Clinton Master Plan.
At least 75% of the required minimum lot area
for any lot in any district shall be fulfilled by land which is not
within a designated wetland, as regulated by the New York State Department
of Environmental Conservation and by land which is not under water.
Land completely under water shall not be used in the calculation of
the maximum number of dwelling units permitted in a subdivision. All
minimum front, side and rear yard requirements must be satisfied by
measurement from the flagged wetland boundary or the mean high water
mark for surface water, whichever is more restrictive. However, for
purposes of this section, land which is covered by a stream less than
five feet in average width at mean water level, or land covered by
a pond not exceeding 150 square feet in surface area at normal high
water level, shall not be considered as being under water.
