A.
The general area and bulk regulations in each zoning
district are set forth in the attached District Schedule of Area and
Bulk Regulations.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
A.
Nothing contained herein shall prohibit the use of an existing lot of record, as defined in § 143-4 of this chapter, which does not comply with the District Schedule of Area and Bulk Regulations,[1] provided that each of the following criteria are satisfied:
[Amended 7-11-1995 by L.L. No. 1-1995]
(1)
Development of the lot shall satisfy all applicable
requirements of the Town of Red Hook, the Dutchess County Health Department
and the New York State Departments of Health and Environmental Conservation
for potable water supply and sewage disposal facilities.
(2)
If created after September 8, 1970, the lot is part of a subdivision plat approved by the Town of Red Hook Planning Board in accordance with Chapter 120, Subdivision of Land, and filed in the office of the Dutchess County Clerk in a timely manner pursuant to the Town Law.
(4)
Development of such existing lot of record may, upon
a demonstration by the applicant that greater side and rear yards
which either comply or more nearly comply with this chapter cannot
be reasonably provided, occur in accordance with the following reduced
minimum side and rear year requirements:
(a)
The total of both side yards for the principal
building shall be not less than 40% of the lot width; provided, however,
that no single side yard for a principal building shall be not less
than 60% of the minimum side yard otherwise required for the district.
(b)
The rear yard for a principal building shall
similarly be not less than 60% of the minimum rear yard otherwise
required for the district.
[1]
Editor's Note: The schedule is included at the end of this chapter.
B.
All other area and bulk regulations for the district
shall be met.
A.
In all districts where residences are permitted, a
lot may only be improved for residential use in accordance with the
minimum lot area and related bulk regulations for the district as
set forth in the District Schedule of Area and Bulk Regulations,[1] except as otherwise provided in the afore-stated § 143-13 regarding existing lots of record or as provided in § 143-21 of this chapter regarding average density development or in § 143-33 of this chapter regarding residential cluster development in accordance with Chapter 120, Subdivision of Land, and § 281 of the Town Law.[2]
[1]
Editor's Note: The schedule has been included at the end of this chapter.
[2]
Editor's Note: See now § 278 of
the Town Law.
B.
More specifically, if two or more principal residential
structures or dwelling units are located on the same lot, except for
a two-family or multifamily conversion authorized under this chapter
by special use permit, the minimum lot area per dwelling unit requirement
and all other requirements of this chapter and other applicable laws,
rules and regulations must be strictly met. Further, a residential
lot of required or greater than required area as set forth in this
chapter shall not be reduced in area by transfer of ownership if such
lot so divided will form two or more lots, any of which shall be less
than the minimum lot area required for the zoning district in which
the lot or lots are situated.
A.
The height limitations set forth in the District Schedule
of Area and Bulk Regulations[1] shall not be applicable to the following:
(1)
Agricultural barns, silos and other farm buildings.
(2)
Flagpoles, radio or television antennas, transmission
towers or cables, windmills, communications towers incidental and
accessory to a principal use and similar features, any of which shall
be restricted to a maximum height of 75 feet above average finished
grade at its base.
(3)
Spires, belfries, chimneys, skylights, water or cooling
towers, parapets or railings, elevators, stair bulkheads, solar collectors,
air-conditioning units or similar structures which in their aggregate
coverage occupy no more than 10% of the roof area of the building
of which they are an integral architectural or mechanical element.
Such features shall be erected only to such minimum height as is necessary
to accomplish the purpose for which they are intended and shall not
extend more than 20 feet above the roof.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
B.
No structure or other exception to the height limitations
set forth in the District Schedule of Area and Bulk Regulations[2] shall be used as a place for habitation or for advertising
not otherwise authorized by this chapter.
[2]
Editor's Note: The schedule has been included at the end of this chapter.
A.
Required front yards. On a corner lot, each street
frontage shall be deemed to be a front street line, and the required
yard along each such lot line shall be a required front yard. The
above notwithstanding, for the purposes of this chapter no lot shall,
however, be interpreted to have more than two front yards, regardless
of how such lot is located or configured. The Zoning Enforcement Officer,
in consultation with the owner, shall establish which of the remaining
yards shall be the required side yard and the required rear yard for
purposes of this chapter.
B.
Obstructions at street intersections. At all street
intersections, no obstructions to vision, such as a fence, wall, hedge,
structure or planting over three feet in height, as measured above
the curb level, if any, or above the existing road level, shall be
erected or installed and maintained on any lot within the triangle
formed by the intersecting street lines or their projections where
corners are rounded and a straight line joining said street lines
at points which are 30 feet distant from their point of intersection
measured along said street lines and/or projections. This section
shall not be construed to apply to existing street trees, provided
that no branches are maintained closer than six feet to the ground.
The following architectural features of a building
may extend into a required yard subject to limitations provided herein:
A.
Ordinary projections of windowsills, belt courses,
cornices, eaves and other architectural features; provided, however,
that such features shall not project more than three feet into any
required yard.
B.
Chimneys or pilasters.
C.
An open arbor or trellis.
D.
Unroofed steps, patio or terrace not less than 20
feet from the highway right-of-way nor less than five feet from any
side or rear lot line, provided that the building complies with the
yard requirements of this chapter.
E.
An awning or movable canopy not to exceed 10 feet
in height, nor projecting more than six feet into any required yard.
G.
Open fire escapes on the side rear of a building and
extending not more than eight feet from the principal building nor
closer than five feet to any lot line.
A.
Permanent accessory structures. Accessory structures, as defined in § 143-4 of this chapter, may be constructed in any side or rear yard of a residential premises, subject to compliance with the minimum setback requirements set forth in the District Schedule of Area and Bulk Regulations[1] and the further limitations stated herein:
(1)
Except for agricultural buildings, no such structure
shall exceed 28 feet in height in any residence district.
[Amended 7-11-1995 by L.L. No. 1-1995]
(2)
No accessory structure shall be located less than
20 feet from any lot line, subject to the following exceptions:
[Amended 11-10-2008 by L.L. No. 7-2008]
(a)
In the R1 and H Districts, an accessory structure
shall be located no less than 15 feet from any lot line.
(b)
Sheds are subject to reduced side and rear yard
set backs as follows:
[1]
H District: three feet.
[2]
R1 District or lot in an R1.5, RD3 or RD5 District
of one acre or less: three feet.
[3]
R1.5 District or lot in an RD3 or RD5 District
of less than three acres but greater than one acre: six feet.
[4]
RD3 and RD5 Districts, other than as provided for in Subsection A(2)(b)[2] and [3] above: 10 feet.
(3)
No such structure shall be located less than 12 feet
from the principal building or a distance equal to the height of the
accessory building, whichever dimension shall be greater.
(4)
No such structure shall project closer to the fronting
street than the principal building on the lot or the required front
yard setback for the district, whichever shall be less restrictive.
(5)
Except in the LD, RD5 and RD3 Districts, all roofed
accessory structures, exclusive of agricultural buildings, shall in
the aggregate comprise not more floor area than either the principal
building on the lot or 1,500 square feet, whichever is the more restrictive.
(6)
Except in the LD, RD5 and RD3 Districts, all such
structures in the aggregate shall occupy not more than 20% or, in
the case of roofed structures, not more than 1,000 square feet of
any required yard.
(7)
Not more than three such accessory structures, other than a permitted sign or agricultural buildings, of which no more than one structure shall be a private garage, shall be permitted on an individual lot in a residential district. In the event that the lot exceeds five acres, additional accessory structures may be sited upon issuance of a special use permit by the Planning Board in accordance with Article VI of this chapter.
[1]
Editor's Note: This schedule is included at the end of this chapter.
B.
Portable accessory structures. A single portable accessory
structure with a maximum floor area of 100 square feet may be installed
and utilized on any premises without the issuance of a building permit
or certificate of occupancy, provided that each of the following criteria
is satisfied:
(1)
The structure does not have a permanent foundation.
(2)
The structure is not served by any utility such as
electricity, gas or plumbing.
(3)
The structure does not exceed 10 feet in height.
(4)
The structure is never used for human habitation.
(5)
All other requirements of this chapter related to
accessory structures are full met.
D.
Subsurface utility systems, which are accessory to a permitted or special permitted principal or accessory structure in the HB, B1, B2 and TND-CC Districts, may be located on the same lot as the related principal or accessory structure, whether or not the subsurface utility system lies within the same Zoning District as the related principal or accessory structure, and such subsurface utility systems shall not be taken into account for purposes of the limitations set forth in Subsections (3), (4), (6) or (7) of § 143-18A.
[Added 2-13-2018 by L.L.
No. 1-2018; amended 5-30-2018 by L.L. No. 3-2018]
Where more than one principal building may be
permitted on a lot, no detached principal building shall be located
closer to any other principal building on the same lot than the height
of the taller of said buildings.
On streets, roads or highways with either no
dedicated right-of-way or a dedicated right-of-way of less than 50,
feet, the front setback shall be measured perpendicularly from the
center line of the existing right-of-way, or the travelway in the
case of a user highway, with 25 feet added to the required front yard
setback to establish the building line.
In its review and approval of a subdivision plat in accordance with § 276 of the Town Law and Chapter 120, Subdivision of Land, the Planning Board may and shall be authorized to permit the following exceptions and modifications to the minimum lot area, minimum lot width and minimum lot frontage requirements set forth in the District Schedule of Area and Bulk Regulations:[1]
A.
That in those instances where the Planning Board finds
it desirable to respect natural or existing man-made boundaries in
the platting of lots or to modify the configuration of lots so as
to protect and enhance vital environmental resources such as those
recognized in the Environmental Protection Overlay (EP-O) and Scenic
Corridor Overlay (SC-O) Districts and where it is possible to do so
without adverse environmental impact or in contravention of the public
health, safety and welfare, certain lots of less than the minimum
lot area prescribed in the District Schedule of Area and Bulk Regulations[2] may be authorized within an average density subdivision
and deemed to be conforming lots, provided that the minimum requirements
set forth below are strictly applied:
[Amended 11-9-1993 by L.L. No. 4-1993]
(1)
Any such lot shall have a minimum lot area of 2 1/2 acres in the RD3 District or a minimum lot area of four acres if located in the RD3 or LD Districts, with such interpretation of minimum lot area subject to the limitations set forth in § 143-23 of this article.
(2)
Any such lot shall be platted as part of an average
density subdivision in which the mean or average lot area meets or
exceeds the minimum lot area requirement for the zoning district.
In other terms, the maximum number of lots that may be created from
a single parcel in the RD3 District through use of the average density
concept shall be established by dividing the total acreage of the
parcel by three and rounding to the next lowest number. In the case
of the RD5 and LD Districts, this calculation would occur by dividing
the total acreage of the parcel by five and similarly rounding to
the next lowest number.
(3)
All other minimum standards for the platting of the
lot and its development, as set forth in the District Schedule of
Area and Bulk Regulations shall apply to any such reduced area lot.
(4)
The Planning Board shall require sufficient legal
assurances (i.e., conservation easements or similarly binding legal
mechanisms) to prevent future subdivision of any lot or parcel within
the subdivision in a way that would cause the maximum average density
standard of one lot per three acres in the RD3 District and one lot
per five acres in the RD5 and LD Districts to be exceeded.
[2]
Editor's Note: The schedule is included at
the end of the chapter.
B.
That in the case of any proposed lot with not less
than 75% of its frontage on the circumference of the turnaround of
a permanent cul-de-sac to be installed within the subdivision, the
following reduced minimum requirements in the respective districts
may be applied for creation of a conforming lot:
C.
That in a limited number of occurrences where the Planning Board finds it to be essential to permit reasonable use of subdivision tract without adverse environmental impact or in contravention of the public health, safety and welfare, flag lots, as defined in § 143-4 of this chapter, may be authorized as conforming lots, provided that the minimum requirements set forth below are strictly applied:
(1)
That any authorized flag lot shall have a minimum
lot frontage of 50 feet and, if contiguous to another lot or lots
with less than the minimum frontage prescribed in the District Schedule
of Area and Bulk Regulations,[3] share a common access point and driveway with such adjacent
lot or lots.
[3]
Editor's Note: The schedule has been included at the end of this chapter.
(2)
That any authorized flag lot shall have not less than
the minimum lot width specified for the zoning district at the building
line established on the subdivision plat, rather than at the minimum
required front setback line as otherwise required by this chapter.
The building line so established may not be less than 75 feet in the
RD5 District, 60 feet in the RD3 District and 50 feet in the R1.5
District further from the lot frontage than the line at which the
minimum lot width specified for the zoning district is first achieved.
(3)
That any authorized flag lot satisfy the minimum lot
area requirement specified for the zoning district by consideration
of only that land which lies further from the lot frontage than the
line at which the minimum lot width specified in the District Schedule
of Area and Bulk Regulations[4] for the zoning district is first achieved.
[4]
Editor's Note: The schedule has been included at the end of this chapter.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
Where the side or rear yard of a lot abuts a
side or rear yard of a lot in a more restricted zoning district, there
shall be provided along both sides of such abutting lot line or lines
side or rear yards equal in dimension to those required in the more
restricted zoning district.
[Added 7-12-2011 by L.L.
No. 3-2011[1]]
A.
For any parcel in any district, excluding the TND District, which shall be governed by § 143-49.1G, and the AB District, the permissible density shall be based upon the parcel's buildable acreage. The applicant shall demonstrate the buildable acreage by subtracting from the total (gross) acreage of the proposed development parcel(s) the acreage of unbuildable features as defined in this section.
B.
Unbuildable
features.
(1)
Unbuildable
features consist of:
(a)
Wetlands;
(b)
Lands within a FEMA delineated one-hundred-year floodplain;
(c)
The Sawkill, Lakes Kill, Stony Kill and Mudder Kill and those adjacent
land areas within 100 feet of the high water mark;
(d)
Other streams and waterbodies and those adjacent land areas within
50 feet of the high water mark;
(e)
Steep slopes; and
(f)
Acreage subject to a conservation easement or other long-term easement
that expressly prohibits development.
(2)
Permissible
density shall be based on the amount of acreage that remains after
deducting the acreage of unbuildable natural features.
C.
The Planning Board's determination as to permissible
density shall be based on a certified survey of the parcel and delineation
of the unbuildable natural features by a licensed land surveyor and
by a tabular presentation by the land surveyor of the gross site acreage
and each of the subtracted land areas set forth above. Two or more
parcels in common ownership or under common control which are the
subject of an application for subdivision or site plan approval may
be considered as a single development parcel for purposes of this
section.
[1]
Editor’s Note: This local law also repealed former § 143-23,
Freshwater wetlands and land under water or subject to flooding.
