Town of Washington, NY Article III District Regulations

§ 165-20 Interpretation; applicability.

In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum. Further, this chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving, alteration, or enlargement of buildings, than are imposed by other ordinances, local laws, rules, regulations, licenses, certificates, or other authorizations, or by easements, covenants, or agreements, the provisions of this chapter shall prevail.

§ 165-21 Schedules.

To facilitate public understanding and for convenience in administration, there is hereby declared to be a part of this chapter a Schedule of District Use Regulations (Appendix A), a Schedule of Area and Bulk Regulations (Appendix B), and an Off-Street Parking and Loading Schedule (Appendix C),[1] which list the uses permitted in each district, the minimum lot areas, minimum yard widths, building height limitations, off-street parking needs, and other basic requirements which, in some cases, are supplemented by other regulations in this chapter.

A. Schedule of District Use Regulations. In any district established by this chapter, no premises shall be used, and no building shall be erected, constructed, enlarged, altered, arranged, or designed to be used in whole or in part, except for a use as set forth in the accompanying Schedules of Residential and Nonresidential Use Regulations. Only those uses specifically listed shall be permitted.

B. Schedule of Area and Bulk Regulations. In any district established by this chapter, no premises shall be used, and no principal or accessory building or structure shall be erected, constructed, enlarged, altered, or arranged on a lot, except in accordance with the requirements set forth in the accompanying Schedule of Area and Bulk Regulations. No yard or other open space provided around any building for the purpose of complying with the provisions of this schedule shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

C. Off-Street Parking and Loading Schedule. In any district established by this chapter, off-street parking facilities shall be provided in accordance with the requirements set forth in the accompanying Off-Street Parking and Loading Schedule (Appendix C), except where additional parking may be required as a condition for the issuance of a special permit or site plan approval. If the Planning Board finds that compliance with these requirements will create negative impacts upon the physical environment or visual character of the area, and if the Board also finds that all of the parking required in Appendix C will not be necessary for the anticipated use of the site, the Planning Board may reduce the amount of parking required to be constructed, provided that sufficient usable land is set aside to satisfy the parking requirements in the future should the need for such additional parking arise. The Planning Board shall, as a condition of any approval granted, retain the right to require the owner of the property to construct such additional parking whenever it finds that such parking is needed. If a proposed use is not listed in Appendix C, the Planning Board shall use its discretion to determine the amount of parking to be required.

[1] Editor's Note: Said appendixes are included as attachments to this chapter.

§ 165-22 Hospitality Overlay District regulations.

[Added 6-3-2024 by L.L. No. 3-2024]

A. Purpose and intent. The purpose and intent of the Hospitality Overlay District (hereinafter the "HOS District") is to permit small-scale, hospitality lodging uses and related accessory uses in appropriate locations within the Town. The creation of the HOS District is intended to support local tourism and economic development while ensuring that the scale and character of such uses are compatible with our rural and scenic character, reducing conflicts between potentially incompatible land uses, and ensuring that such development protects environmental resources within the Town. It is also intended to promote sustainable development and historic preservation by encouraging investment in existing structures within the Town through adaptive reuse. Additionally, the purpose of the HOS District is also to ensure that hospitality uses are consistent with the adopted Town of Washington Comprehensive Plan.

B. Overlay boundary description. The boundaries and limits of the Hospitality Overlay District shall be as depicted on the map entitled "Hospitality Overlay District, Town of Washington, Dutchess County, New York," incorporated in the Zoning Map Series and made part of this chapter as provided in § 165-15.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Interpretation of boundaries. The interpretation of any boundaries of the HOS District shall be in accordance with the provisions of § 165-18.

D. Effect of Overlay District. The HOS District shall be a supplemental zoning district, mapped in conjunction with the underlying zoning districts or floating districts. In the HOS District, the requirements of this section shall be applied together with all the limitations and requirements applicable in the underlying zoning district, unless otherwise noted.

E. Maximum total HOS District density. There shall be no more than a combined total of three inns or adaptive reuse inns in the HOS District, in which the total number of such establishments permitted may comprise a mix of inns and adaptive reuse inns.

F. Uses permitted in the HOS District. All of the principal and accessory uses permitted in the underlying zoning district(s) shall continue to be permitted and remain unchanged. The HOS District does not add any additional principal or accessory uses permitted without a special permit. Motels, hotels, campgrounds, glamping and all other uses not specifically listed as allowed in the underlying zoning district(s) are not permitted.

G. Uses allowed by special permit in the HOS District. In addition to the special permit uses in the underlying zoning district(s), the following principal and accessory uses may also be permitted by special permit and subject to site plan approval within the HOS District.

(1) Inns;

(2) Adaptive reuse inns;

(3) Restaurant (accessory);

(4) Bar/tavern (accessory);

(5) Spa and/or fitness gym (accessory); and

(6) Swimming pools (accessory).

H. Use and are requirements and limitations. Any inn or adaptive reuse inn proposed pursuant to this section shall adhere to the following minimum requirements and limitations:

(1) There shall be no more than 20 guest rooms in any inn. Guest rooms for an inn may be developed through the construction of new square footage. A project that creates guest rooms through the use of existing structure(s) in addition to the construction of new square footage shall be deemed an inn, not an adaptive reuse inn, and shall be limited to a maximum of 20 guest rooms. For an adaptive reuse inn, all guest rooms must be within the existing primary structure(s) being adaptively reused.

(2) There shall be no more than 40 guest rooms in any adaptive reuse inn. All guest rooms shall be located within the existing primary structure(s) being adaptively reused. The number of guest rooms in any adaptive reuse inn is subject to approval by the Planning Board.

(3) There shall be only one adaptive reuse inn or one inn per lot within the HOS District. No lot within the HOS District shall contain both an adaptive reuse inn and an inn.

(4) In addition to the special permit limitations and requirements set forth herein, all inns and adaptive reuse inns shall be subject to the applicable area and bulk requirements of the underlying zoning district.

(5) Off-street parking shall be provided at the rate of one space per guest room for the inn or adaptive Reuse Inn use, and as specified in Appendix C, Off-Street Parking and Loading Schedule,[1] for any approved accessory uses or as may be modified or required by the Planning Board.

[1] Editor's Note: Appendix C is included as an attachment to this chapter.

I. Special permit approval standards.

(1) Inn. In determining whether a special permit for an inn within the HOS District may be approved, the Planning Board shall consider the following relevant requirements and factors, in addition to the criteria generally applicable to special permits as set forth in § 165-119:

(a) Whether the proposed development is in keeping with the traditional rural, historic and community character of the area;

(b) The effect of any proposed development on the natural environment or natural resources of the Town of Washington. In evaluating this standard, the Planning Board shall consult the adopted Natural Resources Inventory of the Town of Washington as set forth in § 165-16, in addition to any other available resource;

(c) Whether the proposed development is within the Town's capacity to handle additional demand with regard to considerations including, but not limited to, vehicle traffic, emergency services, water and electrical supply, stormwater, septic, sewer and noise/light pollution;

(d) Whether the acreage of the lot upon which the inn is proposed is adequate to accommodate the proposed use, inclusive of, but not limited to, any proposed parking areas, accessory uses and structures, screening, landscaping, stormwater management systems, septic systems, and private wells;

(e) Whether the design of structure(s) is in keeping with or enhances the architectural character of the area; and

(f) The benefit of environmental or conservation improvements proposed to the site and/or the existing structures.

(2) Adaptive reuse inn. In determining whether and to what extent a special permit for an adaptive reuse inn within the HOS District may be approved, the Planning Board shall consider all the factors for an inn as set forth in Subsection I(1) above, the criteria generally applicable to special permits as set forth in § 165-119, and the following requirements and criteria:

(a) Number of rooms. The maximum number of guest rooms that can be permitted is 40. The actual number of guest rooms permitted in an adaptive reuse inn is subject to approval by the Planning Board on a case-by-case basis, taking into account the following factors:

[1] Whether the adaptively reused structure(s) can reasonably accommodate the total number of guest rooms proposed;

[2] The number of existing structure(s) proposed to remain and be incorporated into the design;

[3] The percentage of the existing structure(s) to remain;

[4] The quality of the overall site improvements, including but not limited to lighting, sustainability, stormwater management, landscaping, and reduction of impervious surfaces;

[5] The sensitivity to neighboring properties, considering the location, screening, and buffering;

[6] The provision of accessory uses available to the public, if any;

[7] The extent of the renovation and rehabilitation of a historic structure, if applicable; and

[8] Whether the lot will accommodate and have the capacity for such density without causing significant adverse impacts to traffic, traffic circulation, pedestrian opportunities, noise or light pollution, environmental features, stormwater, water supply, septic capacity or other potential impacts.

(b) The adaptive reuse shall utilize the existing primary structure(s) on the lot, either substantially or in their entirety, for the core guest-oriented functions of the adaptive reuse inn, including but not limited to functions such as guest reception and check-in facilities, lobby space, guest bedrooms, bars, restaurants or similar public functions. The adaptive reuse structure shall not be used primarily for ancillary support functions such as storage space, offices or other nonguest/nonpublic functions.

(c) All guest rooms shall be located within the existing primary structure(s) being adaptively reused. New buildings or structures built on the property shall be utilized for accessory uses only.

(d) All proposed rehabilitations, new buildings, or site improvements shall be in accordance with the design standards established in Subsection K below

(e) Whether the design of adaptively reused structure(s) and any new structure(s) is in keeping with or enhances the architectural character of the area.

(f) Whether the acreage of the lot upon which the adaptive reuse inn is proposed is adequate to accommodate the proposed use, inclusive of, but not limited to, any proposed parking areas, accessory uses and structures, screening, landscaping, stormwater management systems, septic systems, and private wells.

(3) Accessory uses permitted by Subsection J below

J. Accessory uses. The following accessory uses, clearly incidental and secondary to the principal inn or adaptive reuse inn use, may be permitted by special permit issued by the Planning Board after consideration of the site, parking capacity, vehicle trips and potential impacts to the community and nearby properties, and after consideration of the requirements and factors set forth for inns and adaptive reuse inns as set forth in Subsection I above. The Planning Board, in its judgment, shall have the authority to impose additional limits, conditions or performance standards as may be reasonably necessary, including but not limited to hours of operation, traffic, parking, lighting, outdoor activities, and noise, to mitigate identified issues and assure that the accessory use will not be the main use but will be incidental and secondary to the principal use. Accessory uses shall also comply with the applicable requirements for accessory structures set forth in § 165-70 and any applicable requirements of the underlying zoning district. The permitted accessory uses are:

(1) Restaurant, which may be accessible to the general public, as well as room guests.

(2) Bar/tavern, which may be accessible to the general public, as well as room guests.

(3) Spa and/or fitness gym, accessible only to room guests of the inn or adaptive reuse inn.

(4) Swimming pools, subject to § 165-61 and accessible only to room guests of the inn or adaptive reuse inn

K. Design standards. In addition to the requirements of the underlying zoning district, special permit or site plan review criteria, all inns and adaptive reuse inns shall meet the following design standards to enhance compatibility with the scale and character of the Town:

(1) General. The architecture of the building(s) should be the most prominent visual feature of the site, with clearly visible public entryways, showcased and highlighted by robust landscaping, which reflect and enhance the rural historic character of the Town of Washington.

(a) Any additions to existing structures shall be located at the rear or side(s) of the existing structure and scaled appropriately so as not to overwhelm or detract from the massing of the original building.

(b) Where a new separate building is proposed to be constructed on the same property as an adaptive reuse structure, the new building shall be set back further from the public roadway than the existing structure.

(2) Site layout and landscaping. The site layout shall provide attractive, shaded and safe routes for pedestrian walkways that link surrounding buildings and parking areas. The incorporation of existing mature trees into the site design is encouraged to maintain shade areas.

(a) Limit the visibility of parking and other utilitarian functions (to the extent practical for the site and existing conditions) by locating these functions in the side or rear of the property and screening from view from the public roadway and adjacent properties with the use of existing or proposed vegetation, landscaping and site features. No parking shall be permitted in the front yard area, except as may be permitted by the Planning Board for limited convenience or handicap parking or dropoff areas, or in cases where an adaptive reuse of an existing building is taking place and siting of that building does not allow for parking to the side or rear.

(b) Parking areas shall integrate existing shade trees and/or new tree planting areas to create shade and capture stormwater runoff.

(c) Dumpsters or trash/recycling containers shall be located toward the rear of the site where not readily visible and surrounded in a four-sided screening enclosure, composed of wood and/or landscaping, as directed by the Planning Board.

(d) Mechanical equipment, transformers and similar devices shall be screened from view using a combination of fencing and landscaping.

(e) A variety of shrubs and flowers with nonstone mulch shall be provided along the base of the building perimeter, at least three feet in depth from the facade.

(f) Pedestrian walkways and outdoor patio areas shall be accented, where possible, with a dense planting of a variety of shrubs and flowers.

(g) Where preexisting native trees on the site cannot be preserved or do not exist, new tree plantings shall be incorporated into the site, where possible, to provide shade in larger areas of lawn. In the absence of existing street trees along the public road frontage, new street trees are encouraged to be planted approximately 50 feet on center.

(h) Landscaping selections should utilize a variety of species native to the region.

(3) Stormwater.

(a) Minimize the amount of impervious surfaces, such as paved parking lots, to the extent practicable to reduce stormwater runoff.

(b) Landscaped areas on-site are encouraged to also serve as integrated stormwater management areas, where practical. These may include recessed parking island dry wells, rain gardens, vegetated swales or retention ponds which capture rainwater on the site while appearing to be a part of the landscape.

(4) Facades. For adaptive reuse inns, exterior facade materials used shall reflect or complement the existing facade materials found on the structure being adaptively reused. For inns, the use of small-scale natural building materials (such as wood clapboards, wood shingles, brick, or natural stone) or materials that are aesthetically reasonable facsimiles of these materials are required on new exterior facades

(a) With larger structures or longer building facades, the overall building massing may need to be broken up into smaller, discrete parts, where possible, to reflect the scale and massing of structures typically found in the area or on-site.

(b) There shall be no blank walls or large facade areas without windows facing a public street.

(c) The use of appurtenances on the front facade, such as porches, awnings, balconies, porticos, or porte cochere, to the maximum extent possible, shall be required to give the facade shade, reduce building scale and provide more visual interest.

(5) Lighting. In order to reduce unnecessary light pollution and trespass, all exterior lighting for pedestrian walkways, parking or security shall be full cutoff, shielded and dark-sky-compliant fixtures which do not permit any light to project outward above a horizontal plane from the fixture head.

(a) The number of light standards and intensity of lighting are encouraged to be set at minimal performance levels to reduce unnecessary glare, trespass and energy consumption. Lighting levels at the adjacent property boundaries shall be measured at no more than 0.02 footcandle. Where feasible, motion-sensing lights are encouraged for any necessary security lighting. The Planning Board may require a photometric plan to be provided as part of the application.

(b) Lighting standards shall be appropriate to the design of the structure(s) and shall not exceed 12 feet in height

(c) The color temperature of exterior lighting shall be visually consistent across all fixtures. It is required that warmer color temperature light (i.e., below 4,000 Kelvin) be utilized and that colder temperature light above 3,000 Kelvin generally be avoided.

(6) All signage shall comply with § 165-42 and the requirements of the underlying zoning district.

(7) All main entrances for staff, guests, and visitors for any use within an HOS Overlay District shall be from New York State Highway Route 44, Route 82 or Route 343. An alternative entrance on a secondary road, such as but not limited to College Lane, may be approved by the Planning Board, in its discretion, for use by delivery vehicles and emergency access or egress only. When permitted, such secondary access points shall have signage posted "for deliveries only".

(8) All other standards and requirements for the underlying zoning district shall also be met, including but not limited to protections of wetlands and watercourses pursuant to Article IX, erosion and sedimentation control pursuant to § 165-46, preservation of scenic roads pursuant to § 165-54, projecting architectural features pursuant to § 165-71 and others from Article III of this Chapter 165, Zoning, of the Code of the Town of Washington. Where the HOS District overlaps with another overlay district pursuant to this Chapter 165, the standards and requirements of the overlaying districts and the underlying district shall apply. If the requirements of any overlaying and underlying district conflict, the more restrictive standard or requirement shall take precedence.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

L. Approval process. All applications for uses enabled by this overlay district shall be considered under the processes of special use permits and site plan review.

(1) Site plan review shall also include a review of the architectural compatibility of any proposed new structure(s), demolition, expansion, or alteration with the historic architectural character of the area, including the layout, placement, and proportions of buildings, and their relationships to each other, streets, open space, and landscaping

(2) Site plan review shall also include a review of any new or existing water and septic systems.

§ 165-23 Hamlet Mixed-Use District regulations.

A. Purpose. The Town of Washington values the historic architectural character of its largest settlement, the Hamlet of Mabbettsville, and wishes to encourage continued residential and commercial growth in this area while maintaining the historic architectural fabric that exists. It is the goal of the Town of Washington that development of the Mabbettsville Hamlet should occur in a manner that follows the principles of traditional village planning, exemplified by the pattern of development found in the Village of Millbrook. To that end, the Hamlet Mixed-Use (HM) District is intended to be an area of mixed residential and nonresidential uses in which historic and residential character predominates, pedestrian activity is encouraged, and suburban "strip" shopping center development is discouraged.

B. Limitation on nonresidential development.

(1) In order to preserve the mixed-use character of the district, the Planning Board shall limit the proportion of new nonresidential development to 50% of the total square footage of floor space of all new residential building construction within the HM District over any two-year period.

(2) The Planning Board shall deny any application for a special permit allowing a nonresidential use that would result in exceeding this 50% threshold for the two years immediately preceding the date of submission of such an application. In the event that two or more of such applications are before the Planning Board and not all of such applications can be approved without violating this limitation, the Planning Board shall give preference to that use or those uses that best achieve the purposes of the HM District as set forth in this § 165-23.

(3) "New residential building construction" shall include interior living space contained in new residences, additions to or enlargements of existing residences, and conversions of nonresidential structures to residential use. It shall not include nonresidential accessory structures, decks, or garage space.

(4) "New nonresidential development" shall include interior floor space of new nonresidential principal and accessory structures and new nonresidential uses in structures converted from residential use after the date of this chapter. It shall not include nonresidential accessory structures used in connection with residential uses, interior or exterior areas used for home occupations, changes in nonresidential use of structures already used for nonresidential purposes, or exterior or interior areas used for loading, vehicular circulation, or employee, customer, or visitor parking. Specifically excluded from this definition is the expansion of conforming and legally nonconforming nonresidential uses in existence as of the date of this chapter, so long as such expansion is within the confines of a legal building lot created prior to the date this chapter is adopted. The expansion of such excluded nonresidential uses, including without limitation changes in the size or configuration of any structure within the confines of a legal building lot created prior to the date of this chapter and the expansion of the use onto other land, shall be subject to special permit and/or site plan review by the Planning Board as provided in this chapter.

(5) The number of square feet of new residential and nonresidential construction shall be established by using information shown on approved building permits over the aforesaid two-year period.

C. Consistency requirement. Before approving any use that is subject to special permit or site plan review, the Planning Board must make a written finding that the proposed use, layout, and design will enhance the historic architectural fabric of Mabbettsville, and that it is consistent with the purposes and limitations stated in Subsections A and B above.

D. Uses. Allowable uses in the HM District are listed in Appendix A.[1] Auxiliary apartments may be included in nonresidential buildings if they follow traditional village mixed usage patterns.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

E. Supplementary use regulations. In addition to all other restrictions and provisions of this chapter, the following shall apply in the HM District:

(1) There shall be no outdoor storage of more than one heavy construction vehicle (exceeding 20,000 pounds gross vehicle weight), nor outdoor overnight storage of more than two motor vehicles or pieces of construction equipment, per nonresidential use.

(2) No dry cleaning, septic tank pumping services, or other businesses that may create a risk of release of toxic or unsanitary materials shall be permitted.

(3) Repair, restoration, and other potentially noisy or unsightly service operations shall be conducted indoors.

F. Standards. In addition to any other applicable standards required by this chapter, the following provisions shall also apply to all nonresidential uses in the Hamlet Mixed-Use District.

(1) Off-street parking.

(a) All off-street parking shall be located behind the front building line. For purposes of this subsection, "front building line" shall also include, on a corner lot, any side building line that fronts on a street.

(b) The Planning Board may allow a single row of parking spaces in front of a front building line if it finds that such parking will enhance the traditional character of the hamlet and is otherwise consistent with the purposes of this section.

(c) The Planning Board may reduce the number of off-street parking spaces required if the applicant can make permanent arrangements for space sharing with other residential or nonresidential uses or can otherwise show that the parking standards in Appendix C[2] are excessive for the particular use proposed.

[2] Editor's Note: Appendix C is included as an attachment to this chapter.

(2) To the extent practical, new buildings shall front on new interior roads, and not on U.S. Route 44 or Dutchess County Route 98 or 99. Such roads shall be built with sidewalks at least four feet wide and shall permit on-street parallel or diagonal parking.

(3) The maximum footprint of any structure (ground area covered by the building, foundation, and roof) shall be 5,000 square feet. Nonresidential uses may include more than one building on a lot. There shall be a minimum of thirty feet separation between principal (nonaccessory) buildings.

G. Architectural review. Before approving any site plan, or subdivision of land resulting in the construction of new roads, the Planning Board shall consult an architect with expertise in historic village planning and design. Said architect shall evaluate the architectural compatibility of the proposed development with the purposes of this section and with the historic architectural character of the hamlet. "Historic architectural character" may be established by the architectural consultant and the Planning Board by identifying exemplary existing structures and groups of structures in Mabbettsville and the surrounding area and/or by adopting design guidelines to supplement this chapter. The scope of architectural review shall include the layout, proportions, massing, and relationship of streets, sidewalks, open spaces, parking areas, landscaping, and buildings, as well as building materials and building design. Reasonable costs of such architectural review shall be borne by the applicant.

§ 165-24 Aquifer Protection Overlay District regulations.

A. Purpose. The AQ Aquifer Protection Overlay District Regulations (hereinafter the "AQ District") are intended to preserve and maintain the quality and quantity of groundwater found in the Town of Washington sand and gravel, limestone, and limestone overlaid with sand and gravel aquifers, and thereby protect this water supply source for the Town. The AQ District provides a means of reviewing, on a case-by-case basis, actions or uses proposed within the Town's aquifer areas in order to prohibit or control those uses and activities which may be incompatible with the goal of long-term groundwater protection.

B. Aquifer Protection Overlay District Description.

(1) The AQ District consists of those areas containing deposits of water-bearing sand and gravel, limestone, or limestone overlaid with sand and gravel as shown on the map entitled "Aquifer Overlay District (AQ)" dated December 27, 1989. The Town Board finds that the protection of these aquifer areas from degradation and pollution is in the Town's interest because of present or projected future use of such aquifers as public or private water supplies. The Town Board hereby adopts said map as part of this chapter. Said map identifies the approximate locations of sand and gravel, limestone, and limestone overlaid with sand and gravel aquifers within the Town of Washington. Said map may be modified by the Town Board by zoning amendment so as to correct or clarify the extent of the Town's aquifers; to incorporate additional aquifers; to eliminate from the jurisdiction of this chapter particular aquifers deemed to be insignificant for purposes of this chapter; or to incorporate or replace with supplementary maps that correct, clarify, or affirm in detail the area of jurisdiction of this chapter.

(2) Any landowner whose land lies within the mapped Aquifer Overlay District may present evidence based upon on-site investigation by qualified experts to show that such land does not contain aquifer conditions of water-bearing sand and gravel, limestone, or limestone overlaid with sand and gravel. The Town Board may, by resolution, exempt such land from the regulations of the AQ District if it finds, based upon such evidence, that said aquifer conditions do not exist. In reviewing any proposal for a subdivision, special permit, site plan, or variance, the Planning Board or Zoning Board of Appeals may also exempt land lying within the mapped AQ District from the provisions of this section if it finds, based upon expert evidence gathered from on-site investigation, that said aquifer conditions do not exist.

C. Effects of district. The AQ District shall be a supplemental overlay district mapped in conjunction with underlying use or floating districts. In the AQ District the requirements of this section shall be applied together with all the limitations and requirements applicable in the underlying district.

D. Applicability.

(1) An applicant for any proposed action requiring a subdivision approval, special use permit, site plan approval, rezoning, or variance under this chapter or Chapter 137, Subdivision of Land, shall be subject to the provisions of this section. Any application for a building permit or certificate of occupancy for an activity listed in Subsection H of this section shall also be subject to this section. Compliance shall be required as a condition of approval of any such action within the AQ District. The applicant shall show, on any required submissions, the location of any portion of the subject property which lies within the AQ District as identified on the Aquifer Overlay District Map.

(2) Existing development, uses, or activities located within the AQ District are not subject to the requirements of this chapter and are considered permitted nonconforming uses or activities. Any change in a permitted nonconforming use or activity will be subject to the requirements of the AQ District Regulations. Notwithstanding the foregoing, if any permitted nonconforming uses are found to pose a potential or imminent health hazard, they shall be deemed violations of this chapter.

E. Review of actions. Any Board approving a proposed action pursuant to Subsection D(1) above shall be responsible for assuring compliance with the provisions of this section. In addition to the maps, plans, and information required for such authorizations, or for review under the New York State Environmental Quality Review Act, the reviewing board or Zoning Administrator may require additional information, analysis, or documentation as may be necessary and appropriate to show compliance with the standards imposed by this section, and to fully and properly consider the particular action proposed.

F. Decision. Every decision on each AQ District proposed action shall include written findings of fact, specifying the reason or reasons for such decision, and shall contain a statement which shall set forth the decision to grant approval, to grant approval subject to expressly stated conditions or safeguards, or to deny approval. Every resolution shall expressly set forth any limitations, conditions, or safeguards imposed to satisfy the requirements of this section. Violation of such conditions or safeguards shall be a violation of this chapter.

G. Standards. No proposed action within the AQ District shall be approved unless the reviewing board or official finds that, based upon available information, analysis, and evidence, the proposed action will not:

(1) Alter the subsurface flow of groundwater to private water supply wells and existing and potential public water supply wells.

(2) Degrade the quality of groundwater through the introduction of sewage wastes, stormwater runoff, liquid chemicals, petroleum products, dissolved metals, or other toxic substances.

(3) Increase the long-term risk of groundwater contamination through the siting, establishment, or expansion of uses which store, transport, or utilize significant quantities of material which is potentially harmful to groundwater quality.

(4) Increase the long-term risk of groundwater contamination through the introduction of relatively small quantities of hazardous or toxic substances which, over a period of time, may accumulate in groundwater.

(5) Increase the risk of groundwater contamination through the removal of soil, sand, stone, or gravel which provides a protective mantle for groundwater or which is part of the geologic deposits making up the Town's aquifers.

(6) Reduce to less than five feet the separation between the surface of the ground and the seasonal high water table.

H. Use restrictions. The following use restrictions and requirements shall apply to all land within the AQ District:

(1) Disposal wells. The installation or use of disposal wells is prohibited.

(2) Recharge basins. The installation or use of stormwater runoff recharge basins is prohibited.

(3) Snow disposal. The stockpiling or dumping of snow removed from streets, driveways, private roads, and public or private parking lots is prohibited.

(4) Animal wastes. Farm animal wastes shall not be concentrated in one area except where provisions has been made to prevent seepage into groundwater. Suitable storage facilities are required when it is not possible to spread or dispense of wastes on a daily basis.

(5) Industrial sludge and toxic chemicals. No toxic chemicals identified by the United States Environmental Protection Agency or the New York Department of Environmental Conservation shall be stored except under permit from those agencies.

(6) Wastewater lagoons and pits. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be watertight, located above ground, and under permit by the New York Department of Environmental Conservation.

(7) Disposal. Disposal of toxic chemicals, industrial sludge, or radioactive materials is prohibited.

(8) Fertilizer storage. All bulk storage of fertilizers for agricultural or commercial use must be within a completely enclosed building or structure which will prevent any seepage or runoff.

(9) Pesticide and herbicide use. No pesticides or herbicides shall be stored or applied unless expressly authorized following review under the procedures and standards of this section. All such use, storage, or application shall be under permit as provided by the New York State Environmental Conservation Law.

(10) Storage tanks and pipelines. The installation, construction, placement, or replacement of new or existing underground storage tanks, pipelines, or containers for petroleum products or any other toxic chemical is prohibited. All above ground storage tanks, pipelines, and transfer areas, shall to the maximum extent feasible, be designed to minimize the risk of groundwater contamination by incorporating backup containment structures, impervious surfaces, catchment areas, and other features. The Town reserves the right to prohibit installation or expansion of above ground storage tanks and pipelines where consistent with the purpose and standards of this section. Further, the owner of any storage tank, pipeline, container, or transfer area is responsible for promptly reporting to the Zoning Administrator and the New York State Department of Environmental Conservation any spills or leaks and for the cost of cleanup, containment, and damages.

(11) Salt and coal stockpiles. The storage of salts or coal is prohibited except in a completely enclosed building or structure which will prevent any seepage or runoff containing such materials.

(12) Water wells. All water supply wells shall be constructed in accordance with the requirements of the Dutchess County Department of Health.

(13) Abandoned wells. All abandoned wells shall be sealed in accordance with the requirements of the Dutchess County Department of Health.[1]

[1] Editor's Note: Original Subsection 8.n, Soil Mining, which immediately followed, was repealed 9-26-1991 by L.L. No. 2-1991.

I. Applicability of Village of Millbrook water supply watershed regulations. Notwithstanding any provisions of this chapter, any actions undertaken within the watershed of the public water supply of the Village of Millbrook shall comply not only with the standards and use restrictions provided herein, but also with any standards, rules, or regulations promulgated by the New York State Commissioner of Health under § 1100 of the Public Health Law. In case of any conflict in such standards, the more restrictive standard shall apply.

§ 165-25 Agricultural Protection Overlay District regulations.

A. Purpose. The Agricultural Protection Overlay District (hereinafter the "APO District") is intended to:

(1) Preserve agricultural land for food and fiber production;

(2) Protect agriculturally productive farms;

(3) Maintain a viable agricultural base to support agricultural processing and service industries;

(4) Prevent conflicts between incompatible land uses;

(5) Reduce costs of providing public services to scattered nonfarm uses;

(6) Pace and shape the growth of the Town;

(7) Protect agricultural land from encroachment by non-agricultural uses, structures, or activities; and

(8) Maintain the rural, natural, and scenic qualities of the Town.

B. Agricultural Protection Overlay District description.

(1) The APO District boundary is herein established as an overlay district covering land zoned in districts RR-10, RS-10, RL-5, RS-5, and RM-2, and mapped according to the following criteria:

(a) Parcels of land of at least 10 acres on which at least 50% of the surficial soils are classified as prime farmland soils or farmland soils of statewide importance, as established by criteria of the Natural Resource Conservation Service, United States Department of Agriculture (hereinafter "agricultural soils").

(b) Parcels of land included in an Agricultural District established pursuant to the New York Agriculture and Markets Law, Article 25AA.

(2) The Town Board hereby adopts the maps entitled "Agricultural Protection Overlay District Map," Parts I and II, dated December 27, 1989, as part of this chapter. Said maps shall be the basis for the administration of the regulations contained in this § 165-25.

(3) Any landowner whose land has been mapped on the Agricultural Protection Overlay District Maps may be exempted from the provisions of this section if the Town Board, Planning Board, or Zoning Board of Appeals, in reviewing an application for rezoning, subdivision approval, special permit, site plan approval, or variance, finds that:

(a) Land shown as part of an Agricultural District on Part I of the Agricultural Protection Overlay District Maps is not included within Certified Agricultural District No. 21 established by the Dutchess County Legislature pursuant to Article 25AA of the New York State Agriculture and Markets Law on the effective date of this chapter; or

(b) Land shown as containing agricultural soils (as defined herein) on Part II of the Agricultural Protection Overlay District Maps does not in fact meet Natural Resource Conservation Service criteria for such soil designations based upon evidence presented by a qualified soils expert who has conducted an on-site investigation.

(4) Any landowner whose land has not been mapped on the Agricultural Protection Overlay District Maps may request to be covered by the provisions of this section, and the Town Board, Planning Board, or Zoning Board of Appeals may apply the provisions of this section if it finds that such land satisfies the criteria for APO designation in Subsection B(1) above.

(5) In the case of parcels of land of at least 10 acres on which at least 50% of the soils are agricultural soils as defined herein, the reviewing Board shall make the initial determination as to whether a particular parcel contains 50% agricultural soils, and is therefore covered by the provisions of this section. Acreage determinations may be rebutted by evidence presented by a licensed surveyor or engineer.

C. Uses permitted in the APO District. In addition to the uses permitted in the underlying use district, including any and all types of agricultural production, other uses permitted as of right in the APO District include:

(1) Forest, wildlife, and game management;

(2) Equestrian trails;

(3) Nature trails and walks;

(4) Greenhouses;

(5) Composting of manure and vegetative wastes;

(6) One roadside stand per farm, selling agricultural products, and containing not more than 500 square feet, in which at least 50% of the products sold are produced on the premises or adjoining premises.

D. Uses allowed in the APO District by special permit. In addition to the uses allowed by special permit in the underlying district, the following uses may be permitted by special permit in the APO District:

(1) Employee housing for farm workers and accessory residences for members of the immediate family of the farm owner or operator. Such additional residential structures must be constructed in a manner that does not detract from the scenic views described in the Visual Resources Mapping Series and that avoids, to the extent practical, building upon the best agricultural soils on the property.

(2) Agriculture-related service or commercial uses, including but not limited to the sale of farm products in facilities greater than 500 square feet; the sale and service of farm machinery; the storage and sale of seed, feed, fertilizer, manure, and other agricultural products; the centralized bulk collection, storage, and distribution of agricultural products; veterinary services; and processing of agricultural products.

E. Special permit approval standards.

(1) The Planning Board, prior to granting special permit approval for development in the APO District pursuant to § 165-116 of this chapter, shall consider the following relevant factors in addition to the standards set out in § 165-119 of this chapter:

(a) The statement of purpose of this chapter and the APO District regulations;

(b) The potential for conflict with agricultural use;

(c) The need of the proposed use for a location in an agricultural area;

(d) The availability of alternative locations;

(e) Compatibility with existing or permitted uses on adjacent lands;

(f) The agricultural productivity of the lands or soils involved;

(g) The need to minimize the amount of agricultural soils converted to nonagricultural use;

(h) The need for public services created by the proposed use;

(i) The availability of adequate soils for subsurface sewage disposal or public services and the ability of the Town to provide them without an unreasonable burden;

(j) The effect of the proposed use on water, air, or soil resources and on rare or irreplaceable natural resources;

(k) The location of the use so as to minimize the interruption of scenic views from public roads; and

(l) The feasibility of designing the structure or the lot to take maximum advantage of solar heating and cooling opportunities.

(2) Conditions which may be attached to special permit approval. Upon consideration of the information supplied to the Planning Board and a review of the standards contained in Subsection E(1) above, the following conditions may be attached to the granting of a special permit:

(a) Increased setbacks and yards;

(b) Specifications for water supply, liquid waste, and solid waste disposal facilities;

(c) Additional landscaping and vegetative screens or buffers;

(d) Time of operation;

(e) Air pollution controls;

(f) Location of the use; and

(g) Similar requirements found necessary to fulfill the purpose of this chapter. Violation of these conditions shall constitute a violation of this chapter as provided in § 165-132, Penalties for offenses.

F. Procedures for residential development in the APO District.

(1) An applicant for residential subdivision proposed on a parcel or set of contiguous parcels that fall within the APO District description is encouraged to utilize the provisions of § 137-29, Conservation density subdivisions, of Chapter 137, Subdivision of Land, of the Code of the Town of Washington.

(2) Any subdivision of a parcel lying within the APO district into three or more lots shall be subject to the procedures of § 137-27B, Planning Board's option to require a cluster plan, of Chapter 137, Subdivision of Land, of the Code of the Town of Washington. In designing a cluster plan, the applicant shall comply with the standards set forth in Subsection G below. For purposes of determining the coverage of this Subsection F(2), "parcel" shall relate back to tax parcels in existence as of January 1, 1988. All subdivisions since that date shall be treated cumulatively in establishing the number of lots that trigger the requirements of this Subsection F(2).

G. Standards for residential development in the APO District.

(1) Residential structures in the APO District shall be located according to the following criteria (some of which may conflict with each other on a particular site, in which case the Planning Board shall use its discretion to resolve such conflicts):

(a) In the least fertile agricultural soils and in a manner which maximize the usable area remaining for agricultural use;

(b) In locations least likely to block or interrupt scenic views, as seen from public roadways according to the guidelines of the Visual Resources Mapping Series;

(c) Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland to reduce encroachment upon agricultural soils, provide shade in summer and shelter in winter, and to enable new residential development to be visually absorbed by natural landscape features;

(d) On the most suitable soils for subsurface sewage disposal (in unsewered areas only);

(e) In such a manner that the boundaries between house lots and active farmland are well buffered by vegetation, topography, roads, or other barriers to minimize potential conflict between residential and agricultural uses; and

(f) In locations where the greatest number of units could be designed to take maximum advantage of solar heating opportunities.

(2) Buffer zones at least 75 feet in width may be required between residential and agricultural uses in the APO District, containing either thickly planted fast-growing native shrubs and tress, or naturally existing vegetation, in order to create an effective barrier separating residential yards from fields and pastures. These buffer requirements may be modified by the Planning Board, if appropriate, in order to create or maintain scenic views.

(3) These standards shall be implemented by the Planning Board as provided in § 137-14 and Article VI of Chapter 137, Subdivision of Land, of the Code of the Town of Washington.

§ 165-26 Environmental Preservation District regulations.

A. Purpose. An Environmental Preservation District (hereinafter an "EP District") is defined as a geographic area of the Town of Washington exhibiting special and distinctive environmental characteristics which are of significant value to the public. These characteristics may include natural phenomena such as unique geologic strata, water bodies or watercourses, soil formations, slopes, vegetation, scenic views, viewsheds, sensitive watersheds, and trail or wildlife migration corridors, as well as historic or cultural resources of value to the Town. Maintaining the Town's quality of life depends in large part upon the protection of these areas. To preserve these valued resources it is necessary first to identify the areas with special qualities, and then to provide a means by which these areas shall be subject to development controls, over and above the controls provided by existing zoning district and overlay zone provisions.

B. Creation. The Town Board may, from time to time, create EP Districts, as set forth below. The establishment of EP Districts shall be in accordance with the zoning amendment procedures set forth in Article XI of this chapter, and EP District boundaries shall be based upon the natural characteristics of the resource lands identified. The Conservation Advisory Commission may recommend creation of EP Districts to the Town Board.

(1) The Conservation Advisory Commission shall prepare and submit to the Town Board a development guidelines report (DGR) for each EP District proposed to be established. The DGR shall contain a boundary map for the district and the justifications for establishment of said district. The DGR shall describe the distinctive natural or cultural characteristics which are to be protected and the types of development which would be most likely to threaten the protected resource values. The DGR shall recommend mitigation measures including modified uses and zoning densities, if appropriate, to protect these areas from the negative impacts of development.

(2) The Town Board shall follow the zoning amendment procedures contained in Article XI to adopt an EP District. It may simultaneously designate such an area a critical environmental area (CEA) under the State Environmental Quality Review Act (SEQRA).

C. Categories. EP Districts shall be classified by categories, according to the provisions and qualifications as described herein, and each district shall be shown on the Zoning Map of the Town of Washington. EP Districts may fall into one or more of the following categories:

(1) Areas that offer a benefit or pose a threat to human health;

(2) Areas that contain an important natural setting;

(3) Areas with social, cultural, historic, archaeological, recreational, or educational value;

(4) Areas with inherent ecological, geological, or hydrological value or sensitivity.

D. Development permit classification in EP Districts.

(1) No building permit or other land use permit not exempt by Subsection D(2) below shall be issued for property within an EP District without site plan approval pursuant to the procedures specified in Subsection E below.

(2) The following area exempt from the procedures of Subsection E below:

(a) Any permit for plumbing, heating, air conditioning, fire alarms and extinguishing equipment, and all other mechanical and electrical equipment not involving a change of use or occupancy;

(b) Any permit necessary for bringing an existing building into compliance with New York State Building Code;

(c) Any permit necessary for compliance with a lawful order of the Zoning Administrator;

(d) Any permit necessary for the immediate public health or safety;

(e) Any permit for interior alterations and repairs;

(f) Any permit for the construction of public utilities in the public right-of-way;

(g) Any permit for fences under six feet in height;

(h) Any permit for construction of accessory structures with a floor area of 200 square feet or less;

(i) Any permit for additions to buildings and structures not resulting in an increase in floor area of more than 50%;

(j) Any permit for a sign under six feet in height;

(k) Any permit for a driveway under 50 feet in length;

(l) Any permit for exterior alterations and repairs of dwelling structures not resulting in a change in use or occupancy or increase in floor area of more than 50%; and

(m) Such other exemptions as may be allowed in any regulations creating a specific EP District.

(3) Applications for development permission in EP Districts not exempt in Subsection D(2) above shall be made to the Planning Board as site plan applications pursuant to § 165-125, Site plan review and approval, of this chapter. The following applications shall be Type I actions (requiring a long environmental assessment form and visual EAF addendum) pursuant to the New York State of Environmental Quality Review Act:

(a) All applications for new principal buildings or structures as defined in Article XII;

(b) All applications for excavation and/or fill;

(c) All applications for additions to buildings and structures resulting in an increase in floor areas of more than 50%;

(d) All applications for construction of accessory structures and buildings with a floor area of more than 1,000 square feet;

(e) All applications for exterior alterations and repairs of structures which result in a change of use or occupancy or an increase in floor area of over 50%; and

(f) All applications for driveways over 300 feet in length.

(4) The Town Board may revise the classifications set forth in Subsection D(3) above for any specific EP District upon a finding that conditions peculiar to such district require such revised classifications. Any such revised classifications adopted by the Town Board for any EP District shall be set forth in the regulations establishing such district.

E. Special application requirements and review procedure; site plan and environmental review. In addition to the requirements of § 165-125, Site plan review and approval, of this chapter, and in fulfillment of these requirements of the State Environmental Quality Review Act (SEQRA), the applicant shall provide information on the following matters:

(1) Compatibility of the proposed improvement, construction, or development with the official development guidelines report for the EP District;

(2) Compatibility of the proposed improvement, construction, or development with the siting principles of the Visual Resources Mapping Series; and

(3) Such other information as may reasonably be required in order to assist in the EP review process.

F. Underlying and alternative zoning regulations.

(1) Upon establishment of an EP District pursuant to Subsection B above, the lot area and density requirements shall increase to the lot area and density requirements of the RR-10 Zone unless otherwise specified by the Town Board in the zoning amendment creating the EP District.

(2) Unless otherwise specified by the Town Board when the EP District is created, regulations for land use, coverage, floor area, yard requirements, parking, building height, fences, and landscaping in an EP District shall be determined by the zone in which the land was located prior to its designation as an EP District. When a property within an EP District is proposed for subdivision, the Planning Board shall consider alternative development proposals, including the option to require cluster development, and shall make a finding that any plan approved is consistent with the intent and purpose of this section and with the DGR in order to protect the resources contained in designated EP Districts.

§ 165-27 Industrial/Office Development District regulations.

[Amended 6-3-2024 by L.L. No. 3-2024]

Industrial/Office Development Districts (hereinafter "I Districts"), may be established within an area designated as RR-10, RS-10, RL-5, RS-5, and RM-2, by zoning amendment as specified below. Land zoned RH-1, EP, LC, HM and land subject to the HOS, APO and AQ District overlay requirements shall not be eligible for designation as an I District. Provision is made for a floating district for industrial and office development because the Town Board finds such enterprises appropriate in diversifying the Town's economy and tax base, provided that they do not detract from its rural character. The granting of authority to establish an industrial/office development shall be subject to the conditions set forth below, the requirements of § 165-125, Site plan review and approval, of this chapter, and such other reasonable conditions as the Town Board in its discretion deems appropriate.

A. Application for the establishment of an I District shall be made to the Town Board pursuant to the zoning amendment provisions of Article XI of this chapter. The application shall state the specific uses for which the property would be used and shall include a schematic site plan showing the approximate size, height, and location of proposed structures, parking areas, roads, open space, and other facilities. The Town Board may, in its discretion, reject an application for an I District at any time prior to final adoption of a zoning amendment.

B. Within six months after the Town Board has adopted a zoning amendment creating an I District, the applicant shall apply to the Planning Board for site plan approval pursuant to § 165-125 of this chapter. The Planning Board shall grant site plan approval if it finds that the site plan satisfies the standards and criteria in this section and in § 165-125 of this chapter and that the site plan is substantially similar to the schematic site plan approved by the Town Board. If more than six months passes between Town Board approval and submission of a site plan application, the I District designation shall lapse, and the property shall revert to its prior zoning classification, unless the I District designation is extended by the Town Board.

C. The applicant may, at its sole risk, seek site plan approval from the Planning Board prior to receiving Town Board approval of a zoning amendment. However, the Planning Board shall not be obligated to consider such a site plan application and may not give it final approval until the Town Board has approved the zoning amendment.

D. In considering an application for designation of an I District, the Town Board shall be guided by the following criteria:

(1) The use must be designed, located, and operated so as to protect the public health, safety, and welfare of the community.

(2) The use must not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(3) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with the use, the size of the site in relation to the use, and the location of the site with respect to streets giving access to the use must assure that the use will be in harmony with the appropriate and orderly development of the neighborhood in which the use is to be located.

(4) The use must not cause undue traffic congestion or create a traffic hazard.

(5) The use must have road frontage and safe and adequate access directly onto U.S. Route 44 or New York State Routes 44A, 82 or 343, and must be appropriately located with respect to water supply, fire protection, waste disposal and other necessary services and/or facilities.

(6) The use must be suitable for the site, must not impose a threat of pollution of the natural resources of the Town, must not pose a threat to valuable ecological or wildlife resources, and must be designed in accordance with the standards specified in Subsection G below.

E. The granting of permission for the establishment of an industrial or office use in the I District by the Town Board shall be limited to the specific proposal presented for approval within the area designated and according to the plans and specifications submitted. If, after the passage of one year from the date of site plan approval construction has not started, the zoning amendment shall be automatically revoked and the land returned to the classification which it held prior to any district change undertaken pursuant to the provisions above.

F. Allowable uses. The following uses, operations, or activities are allowed in an I District established by the Town Board subject to the requirements of § 165-125, Site plan review and approval, of this chapter:

(1) Light industrial/manufacturing;

(2) Food processing;

(3) Offices;

(4) Wholesaling;

(5) Farm machinery, sales, and rental;

(6) Veterinary hospital;

(7) Research facilities;

(8) Warehousing;

(9) Multifamily housing, up to a maximum of 25% of the developed floor space;

(10) Such other uses as the Town Board may deem appropriate.

G. I District design guidelines. I District shall meet the following requirements:

(1) Area and bulk requirements:

(a) Minimum lot size: 10 acres.

(b) Minimum lot width: 400 feet.

(c) Minimum building setbacks from adjoining property lines:

[1] Front: 100 feet.

[2] Side: 50 feet.

[3] Rear: 50 feet.

(d) Maximum building height: 35 feet.

(e) Maximum building coverage: 30%.

(2) At least 40% of the land on a tract zoned I shall be set aside as perpetual open space pursuant to the provisions of § 137-30 of Chapter 137, Subdivision of Land, of the Code of the Town of Washington.

(3) In addition to the area and bulk requirements set forth above, no industrial use, building, or operation within an I District, including but not limited to accessory uses such as parking and loading areas, shall be permitted within 100 feet of any abutting APO District or any abutting residential district.

(4) The minimum setback areas set out in Subsection G(1)(c) shall include buffering as indicated in Subsection G(4)(a) below. This required buffer area shall be landscaped with trees and shrubs sufficient in size and quantity to effectively screen the industrial/office use from any public road and from any existing or future use abutting an I District. Existing trees within the required buffer area shall be preserved to the maximum extent possible. A landscape plan shall be submitted pursuant to § 165-128L, of this chapter, and shall satisfy the following buffer requirements.

(a) Perimeter landscape area requirements for industrial uses:

[1] Front yard: 60 feet. The front yard landscaped area shall contain at least one shade tree, at least three inches in caliper, for each 50 feet or part thereof of road frontage.

[2] Side/rear yard: 10 feet. The side and rear yards shall provide at least one shade tree of at least three inches in caliper for each 50 feet or part thereof of side and rear property lines.

(b) When an industrial site abuts a natural amenity such as a wetland or watercourse, floodplain, or hillside, the landscape plan should protect the natural integrity of such amenity.

(c) Since industrial sites adjacent to major transportation corridors within the Town may be highly visible, landscaping should protect scenic views from these rights-of-way. Landscaped buffers between different uses should also emphasize a similar degree of sensitivity.

(d) Any required detention and retention ponds should be integrated into the total design of the landscape plan. Generally, slopes should not exceed 3:1 and all ponds must be properly drained. Standing water is discouraged other than in-water features which provide recirculation.

(e) Any parcel in the I District which contains parking facilities for more than 40 cars shall provide landscaped areas within the parking lot equal to at least 20% of the gross parking lot area. This landscape area requirement shall be provided by landscaped end islands and landscaped center islands within the parking area. Landscaped end islands shall be a minimum of 15 feet in width and landscaped center islands shall be a minimum of 18 feet in width. One deciduous shade tree of at least three inches in caliper shall be planted within landscaped areas for each 10 parking spaces if there are more than 40 spaces. No parking area or driveways shall be closer than 10 feet from any portion of a building other than its garage entrance or loading area apron. This ten-foot area shall not be counted as part of the 20% parking lot landscaping requirement above.

(f) Industrial building foundations. Foundation landscaping is required where buildings are visible from streets or abutting agricultural or residential land uses. Service and loading areas visible from agricultural or residential land uses or streets must also be screened. Fences, walls, landscaping, or a combination thereof may be used to screen these areas.

(5) Noise shall measure no more than 50 decibels at the edge of the property and no vibration shall be measurable at the property line. All machinery shall be mounted on isolation blocks or pads to absorb or minimize vibration. Air compressors and similar machines shall have intake mufflers when needed.

(6) All operations, uses, or activities producing excessive humidity in the form of stream or moist air, or high intensity light, heat, or glare, shall be carried out in an enclosure or be shielded to prevent their impact or visibility past the property lines.

(7) All storage areas, parking lots, walks, and exterior walls of buildings shall be lighted to a minimum level of one footcandle. Such lights shall be directed so as to eliminate glare from affecting abutting properties.

(8) All construction shall be Class A fireproof construction in accord with the latest provisions of the "National Fire Codes." Inspections by a duly appointed inspector shall be permitted to check conformity.

(9) All storage of materials, supplies, and products for industrial uses shall be in accord with the applicable provisions of the latest edition of the "National Fire Codes." Such storage shall not be located in any front or side yard area nor in any required yard. All outside storage areas shall be neatly maintained, fenced, lighted, and screened from any existing road or any adjoining residential, commercial, or agricultural use.

(10) The architectural style and layout of the proposed district shall, to the extent practical, replicate the historical patterns commonly associated with the hamlets and villages of Dutchess County and New England.

§ 165-28 Mobile Home District regulations.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Notwithstanding any other provision of this chapter, single and individual mobile homes outside of mobile home parks are prohibited in all zoning districts of the Town, except as they may be permitted as emergency or temporary housing and for field offices or storage pursuant to § 165-45 below. Mobile home parks may be established upon rezoning a designated area as a Mobile Home (MH) District and after approval of the Planning Board as specified below. Provision for mobile home parks is included herein to allow the establishment of moderate-income housing areas where it is found appropriate for the Town of Washington and where such mobile home parks can be absorbed into the landscape without detracting from its rural and scenic character. The granting of authority to establish a mobile home park shall be subject to the conditions set forth below, the requirements of § 165-125, Site plan review and approval, of this chapter, and such other reasonable conditions as the Town Board in its discretion deems appropriate.

A. Application for the establishment of an MH District shall be made to the Town Board pursuant to the zoning amendment provisions of Article XI of this chapter. The application shall include a schematic site plan showing the layout of the development, including the location of proposed structures, parking areas, roads, water and sewage facilities, open space, and other facilities. The Town Board may, in its discretion, reject an application for an MH District at any time prior to final adoption of a zoning amendment.

B. Within six months after the Town Board has adopted a zoning amendment creating an MH District, the applicant shall apply to the Planning Board for site plan approval pursuant to § 165-125 of this chapter. The Planning Board shall grant site plan approval if it finds that the site plan satisfies the standards and criteria in this section and in § 165-125 of this chapter and that the site plan is substantially similar to the schematic site plan approved by the Town Board. If more than six months pass between Town Board approval and submission of a site plan application, the MH zoning designation shall lapse, and the property shall revert to its prior zoning classification, unless the MH District designation is extended by the Town Board.

C. The applicant may, at its sole risk, seek site plan approval from the Planning Board prior to receiving Town Board approval of a zoning amendment. However, the Planning Board shall not be obligated to consider such a site plan application and shall not give it final approval until the Town Board has approved the zoning amendment.

D. In considering an application for designation of a mobile home district, the Town Board shall be guided by the following criteria:

(1) The park must be designed, located, and operated so as not to impair the public health, safety, welfare, natural resources, and rural character of the community.

(2) The park must not cause substantial injury to the value of other property in the neighborhood in which it is to be located.

(3) The location and size of the park, the size of the site in relation to it, and the location of the site with respect to streets giving access to it must assure that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is located.

(4) The park must not cause undue traffic congestion or create a traffic hazard.

(5) The park must be appropriately located with respect to transportation facilities, water supply, fire protection, waste disposal, and other necessary services and/or facilities.

(6) The site must be suitable for the park and permit a development that will not impose a threat of pollution or destruction of the natural resources of the Town, that satisfies all applicable provision of this chapter, and that is designed in accordance with the standards specified below.

E. The granting of permission for the establishment of a mobile home park by the Town Board shall be limited to the specific proposal presented for approval within the area designated and according to the plans and specifications submitted. If, after the passage of one year from the date of site plan approval, construction has not started, such approval is automatically revoked and the land returned to the classification which it held prior to any action consummated pursuant to the provisions above.

F. In reviewing a mobile home park plan, the Planning Board shall be guided by the standards specified by § 165-130 of this chapter, as well as by the following:

(1) Mobile home parks shall have a minimum of 20 acres of land area and shall contain no more than four mobile home units for each one acre of land.

(2) No mobile home site shall be less than 10,000 square feet in area and have less than 80 feet of frontage along an interior roadway.

(3) Mobile homes shall be located so as to provide minimum clearances between adjacent units as specified below:

(a) A minimum distance of 20 feet shall be provided between the facing ends of two mobile units; and

(b) A minimum distance of 50 feet shall be provided between facing sides of two mobile home units or the facing side of one unit and the end of another. In computing these clearances, lean-tos, auxiliary rooms, and similar accessories connected to the mobile home (but not including temporary porches and canopies which are open on two or more sides) shall be considered as part of the mobile home.

(4) No mobile home unit shall be placed within 150 feet of any Town, county, or state roadway, nor within 75 feet of any adjoining property.

(5) The park shall be designed as a self-contained unit with interior access roads at least 18 feet wide for one-way facilities, at least 28 feet wide for two-way movements, and paved with an all-weather, dustfree surfacing material approved by the Town Highway Superintendent.

(6) Adequate recreational facilities shall be provided and up to 10% of the total mobile home park land area shall be set aside and developed for recreational purposes.

(7) There shall be at least two off-street parking spaces for each mobile home, located within the mobile home site or within 50 feet thereof.

(8) Each mobile home park shall have a landscaped area at least 20 feet wide along exterior lot lines and street frontages, suitably planted and maintained to provide visual screening from adjacent properties.

(9) Open storage shall not be permitted; storage shall be provided within the mobile home unit or in enclosed accessory structures.

(10) Every mobile home park shall be properly served with central sewage, water, and drainage facilities installed and maintained at the developer's expense. Such financing shall be appropriately guaranteed by bond, escrow account, or such similar arrangement approved by the Town Board.

(11) Each mobile home park shall have a sufficient number of conveniently located dumpsters.

(12) All mobile home units must be furnished with two exterior doors for fire safety.

(13) The mobile homes shall be finished with a natural wood exterior or otherwise be constructed to blend in with the landscape and maintain the rural character of the area.

§ 165-29 Hamlet District regulations.

A. Purpose and location. The Town of Washington recognizes the unique historic and architectural character of its unincorporated hamlet areas, and wishes to preserve them through the establishment of a Hamlet District, designated as "H" on the Zoning Map. The purpose of this Zoning District is to permit the growth and development of such hamlet areas in a manner that is compatible with their existing historic, architectural and cultural fabric, and that follows the pattern of development found in historic hamlets in Dutchess County, New York State, and New England. The Hamlet District is established as a floating zone which may be mapped by zoning amendment, pursuant to Article XI of this chapter. Such mapping may occur only in locations where the Town Board finds that historic hamlets worthy of preservation exist.[1]

[1] Editor's Note: Original Subsection 1, Schedule of Use Regulations, and Subsection 2, Schedule of Area and Bulk Regulations, which immediately followed, were relocated to Appendixes A and B, respectively, with the 2024 codification.

B. Home occupations and nonresidential uses. In order to maintain the small-scale, noncommercial character of the Hamlet District, nonresidential uses in the Hamlet District may occupy a maximum of 2,000 square feet of floor space per lot. Notwithstanding the provisions of § 165-31B(2), home occupations within the Hamlet District may occupy a maximum of 2,000 square feet, regardless of the size of the residential structure in which they are located, provided that such home occupations are otherwise in compliance with § 165-31.

C. Architectural review.

(1) Any new construction, or the proposed demolition, expansion, or exterior alteration of an existing structure, shall require site plan review by the Planning Board. Such site plan review shall include review of the architectural compatibility of the proposed new structure, demolition, expansion, or alteration with the historic architectural character of the hamlet, including the layout, placement, and proportions of buildings, and their relationships to each other, streets, open space, and landscaping.

(2) In the case of new structures or alterations that would not otherwise require site plan review under the schedule of use regulations, such site plan review shall be limited to the architectural compatibility of such construction, alteration, or expansion with the existing architectural character of the structure to be altered and with the architectural fabric of the hamlet.