[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018; 6-26-2019 by L.L. No. 5-2019]
A.
For the purposes of this chapter, the Town of Red
Hook hereby establishes and divides the unincorporated area of the
Town into the following 13 zoning districts:
[Amended 5-30-2018 by L.L. No. 3-2018]
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Waterfront Conservation
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WC
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Limited Development
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LD
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Rural Development 5
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RD5
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Rural Development 3
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RD3
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Residential 1.5
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R1.5
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Residential 1
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R1
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Hamlet
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H
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Hamlet Business
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HB
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Institutional
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I
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Business 1
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B1
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Business 2
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B2
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Agricultural Business
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AB
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Traditional Neighborhood Development, including three subdistricts:
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TND
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Residential Neighborhood
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RN
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Commercial Center
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CC
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Office-Industrial
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OI
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B.
Four additional overlay districts are also hereby
created to provide special controls which supplement the regulations
applicable to the underlying zoning district classification:
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Flood-Fringe Overlay District
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FF-O
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Historic Landmarks Overlay District
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HL-O
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Environmental Protection Overlay District
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EP-O
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Scenic Corridor Overlay District
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SC-O
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A.
The intent of the aforementioned zoning districts
is to guide both the development and conservation of the Town's land
resources in harmony with the Town of Red Hook and Dutchess County
Comprehensive Plans, including consistency with the objectives of
the Hudson River National Historic Landmarks District, the Town's
other historic and coastal management districts, the New York State
Department of Environmental Conservation (NYSDEC) scenic district
and scenic roads programs and any locally or state-designated protected
resources and critical environmental areas. The 13 zoning districts
are generally described as follows:
[Amended 7-12-2011 by L.L. No. 3-2011]
(1)
The Waterfront Conservation (WC) District is intended
to protect scenic quality and to conserve the most ecologically significant
and developmentally restricted lands within the Town of Red Hook within
their natural state and for land extensive and water-dependent open
space uses. This district encompasses the Tivoli Bays State Nature
Preserve and Wildlife Management Area, Cruger Island, the South Bay
and North Bay tidal wetlands and other lands to include sloping and
escarpment lands lying within 1000 feet of the high-water mark of
the Hudson River and its coves and tributaries to the limits of tidal
action, except for the established hamlet of Barrytown, and encompasses
additionally those lands within 100 feet of the principal stream corridors
within the Town (i.e., the Lakes Kill, Stony Creek, Saw Kill, White
Clay Creek and Mudder Kill).
(2)
The Limited Development (LD) District includes environmentally
significant estate and other noninstitutional open space lands within
the Town's coastal zone management area. Continuing estate, open space
and passive recreational uses and adaptive reuse are encouraged. Reliance
on cluster development, conservation easements and other innovative
land use mechanisms is proposed to mitigate any development impact
on the rural, scenic and historic character of these lands.
(3)
The Rural Development 5 (RD5) District encompasses
land on the west side of New York State Route 9G which, while similar
in character to the RD3 District lands, both lie within one of the
Town's primary scenic corridors and are located within the Town's
coastal management area. A mix of agricultural use and compatible
low-density rural residential development and other conservation,
recreation and open space uses are encouraged in a manner consistent
with established land use patterns.
(4)
The Rural Development 3 (RD3) District is intended
to allow a mix of agricultural use and compatible moderate-density
rural residential development and other conservation, recreation and
open space uses consistent with established land use patterns. In
order to conserve prime agricultural and other environmentally sensitive
lands throughout the RD3 District, as well to maintain the overall
rural and scenic character of the district, use of the residential
cluster subdivision technique, encouragement of conservation density
subdivisions and limitations on the scale of development that may
be authorized are provided.
(5)
The Residential 1.5 (R1.5) District is intended to
allow low-density suburban residential use in proximity to the Village
of Red Hook and established community and business services. Continuing
agricultural use and a range of housing types are encouraged, including
single-family detached and attached dwellings, accessory dwelling
units and multifamily construction. Use of the cluster subdivision
technique is encouraged, in tandem with the Environmental Protection,
Flood-Fringe and Scenic Corridor Overlays, to preserve valuable open
space, including farmlands, recreational opportunities and other natural
resources within the R1.5 District.
(6)
The Residential (R1) District is intended to allow
more concentrated, moderate-density suburban development adjacent
to the Village of Red Hook and where potentially served by municipal
water supply facilities. A broad range of housing types is encouraged,
including single-family detached, semidetached and attached dwellings,
two-family dwellings, accessory dwelling units, multifamily construction
and elderly housing, and strong linkages are envisioned between these
denser residential neighborhoods and the community's established business,
service and institutional uses in the village center. Increased density
is authorized for senior citizen housing and related occupancies.
An alternative density measure, i.e., bedroom count, is employed in
the consideration of maximum permissible number of units for multifamily
dwellings, whether by conversion or new construction. As in the R1.5
District, use of the cluster subdivision technique is encouraged,
in combination with other controls established under this chapter,
to preserve valuable open space, including farmlands, recreational
opportunities and other natural resources.
(7)
The Hamlet (H) District is intended to sustain and
encourage the traditional mix of residential uses and community facilities
in the historic settlements of Upper Red Hook, Annandale-on-Hudson
and Barrytown. Architectural design review of proposed modifications
to existing structures and new construction is provided to protect
both the vernacular character and scale of buildings and their unique
settings within these hamlet areas so as to preserve tangible linkages
to the Town's historic, architectural and cultural heritage.
(8)
The Institutional (I) District is intended to accommodate
the comprehensively planned, land-extensive, campus-type environments
of educational, health-related and other not-for-profit institutional
facilities and compatible residential, agricultural, conservation
and open space uses.
(9)
The Business 1 (B1) District is intended to accommodate
retail, office, personal service and business service uses in the
immediate vicinity of the Town's established business center, the
Village of Red Hook. The Town seeks to ensure that the scale of retail
business uses and their building and site design characteristics are
compatible with the Town's overall rural character and with neighboring
properties and land uses. Through careful site plan review, the Town
will encourage the use of traditional building form and materials,
introduction of suitably landscaped and maintained buffer areas, appropriate
signage and lighting and safe and functional access controls, pedestrian
and vehicular linkages and parking layout.
(10)
The Business 2 (B2) District is intended to complement
the B1 District by providing a less pedestrian-oriented business environment
for highway-oriented retail and auto-related uses, service commercial,
light industrial uses and wholesale activities within the Town's principal
highway corridors and adjacent to similar development within the village
center. To the extent that land is available, the establishment of
a planned office or light industrial park or similar multitenant facilities
within the Business 2 (B2) District is also encouraged.
(11)
(12)
The intent of the Traditional Neighborhood Development (TND) District is set forth in § 143-49.1A of this chapter.
(13)
The
Hamlet Business (HB) District is intended to accommodate a mix of
small-scale commercial uses consisting of retail, office, lodging,
and personal services in the immediate vicinity of the Hamlet of Upper
Red Hook. The Town seeks to ensure that the scale of these uses and
their building and site design characteristics are compatible with
the Town's overall rural character and with the historic character
of the Hamlet of Upper Red Hook. Through careful site plan review,
the Town will require the use of traditional building form and materials,
introduction of suitably landscaped and maintained buffer areas, appropriate
signage and lighting, and safe and functional access controls, pedestrian
and vehicular linkages and parking layout.
[Added 5-30-2018 by L.L.
No. 3-2018]
B.
The four overlay districts are further described as
follows:
[Amended 6-26-2019 by L.L. No. 5-2019]
(1)
The Flood-Fringe Overlay (FF-O) District encompasses
that land designated by the Federal Emergency Management Agency (FEMA)
as a "floodplain area with special flood hazards that is likely to
be flooded at least once every 100 years."
(2)
The Historic Landmarks Overlay (HL-O) District is
coincident with that portion of the Hudson River National Historic
Landmark District within the Town of Red Hook and encompasses the
large estates and other land areas of historic and environmental significance
which bound the east bank of the Hudson River. The HL-O District recognizes
that these estates and other land areas possess qualities conducive
to contemporary development while at the same time being comprised
of both existing buildings and natural areas which are significant
assets linking the entire community to its heritage. Continuing estate,
conservation, adaptive reuse and environmentally sensitive new development
are encouraged.
(3)
The Environmental Protection Overlay (EP-O) District
is intended to protect significant environmental resources, including
the Town's groundwater, wetlands, stream corridors, prime farmlands,
historic sites and scenic areas, from development that is considered
incompatible on the basis of its scale, intensity or location.
(4)
The Scenic Corridor Overlay (SC-O) District is intended
to recognize both roadways designated as "scenic" by NYSDEC under
authority of the New York State Scenic Byways Law[2] and others which have been deemed locally significant
in the Town's Master Plan. Within these roadway corridors, view protection
regulations are imposed to preserve their overall rural character,
the setting of historic properties along these routes and the irreplaceable
scenic vistas which they offer.
[2]
Editor's Note: See Art. XII-C of the Highway
Law.
[Amended 7-11-1995 by L.L. No. 1-1995; 4-13-1999 by L.L. No.
1-1999; 7-12-2011 by L.L. No. 3-2011; 12-13-2011 by L.L. No.
1-2012; 2-14-2017 by L.L. No. 2-2017; 5-30-2018 by L.L. No. 3-2018; 6-26-2019 by L.L. No. 5-2019]
The location and boundaries of the 13 zoning districts, three subdistricts, and four overlay districts set forth in § 143-5 above are shown on the Zoning District Map, Town of Red Hook. Said map, together with all explanatory matter thereon and all amendments thereto, is hereby adopted and declared to be an appurtenant part of this chapter. Said map shall be kept up-to-date and shall be on file in the Town Clerk's office for use by and benefit of the public. Certified copies of said map shall also be on file in the offices of the Planning Board and the Town Zoning Enforcement Officer.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid zoning districts as shown on the
Zoning District Map, the following rules shall apply:
A.
Where the district boundaries are indicated as approximately
following the center lines or right-of-way lines of streets, highways,
public utility easements or watercourses, said boundaries shall be
construed to be coincident with such lines. Such boundaries shall
be deemed to be automatically adjusted if a center line or right-of-way
line of such street, highway, public utility or watercourse is moved
a maximum distance of 50 feet by action of a person other than the
owner of the affected land area.
B.
Where district boundaries are indicated as approximately
following the Town or village boundary line, property lines or projections
thereof, said boundaries shall be construed to be coincident with
such lines or projections thereof.
C.
Where district boundaries are so indicated that they
are approximately parallel to the Town or village boundary line, property
lines, lot lines, right-of-way lines or projections thereof, said
boundaries shall be construed as being parallel thereto and at such
distances therefrom as indicated on the Zoning District Map or as
shall be determined by use of the scale shown on said map.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
D.
Where a district boundary line divides a single lot
in a single or joint ownership of record at the time such line is
established, the regulations for the less restricted portion of such
lot may, at the owner's discretion and with the exception of the Flood-Fringe
Overlay (FF-O) District, extend not more than 25 feet into the more
restricted portion, provided that the lot has street or highway frontage
in the less restricted district and provided that all other requirements
of this chapter, including extraordinary setbacks or buffers which
may be required between certain land uses, are wholly met.
E.
In all other cases, where dimensions are not shown
on the Zoning District Map, the location of the boundaries shown on
said map shall be determined by use of the scale appearing thereon.
The boundary of the Flood-Fringe (FF-O) District
is established herein as delineated on the most current edition of
the appropriate Flood Hazard Boundary Map (FHBM) as issued for the
Town of Red Hook by the Federal Emergency Management Agency. Any revisions,
amendments or successors thereto are hereby adopted and made part
of this chapter. The latest edition of said Flood Hazard Boundary
Map shall be kept on file in the offices of the Town Clerk, the Planning
Board and the Town Zoning Enforcement Officer for the use and benefit
of the public.
Except as hereinafter provided in this chapter:
A.
No building, structure or land shall hereafter be
used or occupied and no building or structure or part thereof shall
hereafter be erected, moved, altered, reconstructed or enlarged for
any purpose except in conformance with the regulations herein specified
for the zoning district in which it is located.
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.
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 of lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, with such lots established in full accordance with the requirements of Chapter 120, Subdivision of Land.
D.
No off-street parking or loading space required for
one building or use shall be included as meeting, in whole or in part,
the off-street parking or loading space required for another building
or use except as otherwise provided for in this chapter.
E.
No off-street parking or loading space shall be so
reduced in area that it does not meet the minimum requirements of
this chapter.
F.
Except as otherwise specifically provided by this
chapter, there shall be no more than one principal building or use
and its accessory structures or uses on any one lot within any residential
district. Uses and structures on portions of a lot located in another
municipality shall be considered in meeting this requirement.
[Amended 7-12-2011 by L.L. No. 3-2011]
G.
No yard, as required herein, shall be used for the
storage of merchandise, equipment, building materials, junk, vehicles,
vehicle parts or any other material or for signs or accessory structures
except as special provision is made therefor within this chapter.
H.
Within each district, the regulations set forth by
this chapter shall be considered minimum regulations and shall apply
uniformly to each kind of building, structure or land and use thereof.
