Multifamily dwellings shall meet the following
requirements:
A.
Site plan approval. Site plan approval shall be required
by the Town Planning Board.
B.
Standards shall be as follows:
(1)
Density. The number of bedrooms shall not exceed 18
and the number of units per acre shall not exceed 12 in a Town Center
District if it is served by public water and sewer; the number of
bedrooms shall not exceed 18 and the number of units per acre shall
not exceed six in a Town Center District if it is served by central
water and sewer; one dwelling unit per 40,000 square feet is required
otherwise.
(2)
Parking. All parking shall be provided in paved off-street areas according to provisions in § 240-42. No parking lot should be closer than 25 feet to the front of any building nor 10 feet to the side or rear of any building.
(3)
Lot specifications. Setbacks, building area coverage and frontage requirements appear in § 240-28, Schedules of Bulk Regulations and Coverage Limitations.[1]
[1]
Editor's Note: Schedules B1 through B4 are attached to this chapter as Appendix B.
(4)
Floor area. Each apartment must have a minimum floor
area of 500 square feet.
(5)
Open space. Usable open space, excluding parking,
must be available for tenants. This open area must be a minimum of
150 square feet per bedroom for adaptation of existing structures
and at least 40% of the gross lot area for new structures.
(6)
[2]Design. The architectural design of multifamily dwellings
shall be harmonious with the character of immediately surrounding
areas.
[2]
Editor's Note: Former Subsection B(6), Water and sewer facilities,
was repealed 12-14-2016 by L.L. No. 15-2016. This local law also provided
for the renumbering of former Subsection B(7) through (13) as Subsection
B(6) through (12), respectively.
(7)
Recreation fee. Prior to issuance of site plan approval
for multifamily residential uses, the site plan shall show, when required
by the Planning Board, a park or parks suitably located for playground
or other recreational purposes. Land for such recreational purposes
may not be required until the Planning Board has made findings that
a proper case exists for requiring that a park or parks be suitably
located for playgrounds or other recreational purposes within the
Town, as set forth in § 274-a, Subdivision 6(b), of the
state's Town Law, or any successor provision thereto. In the event
such a finding is made by the Planning Board but there is a further
finding that suitable recreational lands cannot be properly located
on the site plan, the Planning Board may require a sum of money be
paid for a recreation fee in lieu of land in accordance with the prevailing
fee schedule established by the Town Board.
[Amended 10-11-2006 by L.L. No. 8-2006]
(8)
Buffer areas. When necessary to ensure compatibility
with the surroundings, buffer strips shall be provided. Consisting
of trees, hedges, dense plantings, earth berms, and changes in grade,
these buffers shall be used, in particular, to separate the more dense
character of multifamily housing from less intensely developed land
uses and to maintain a natural interlude between multifamily structures.
(9)
Parking lots must not be located closer than 15 feet
to any residential property line.
(10)
Separation between buildings.
[Amended 8-27-2008 by L.L. No. 7-2008; 9-10-2014 by L.L. No.
4-2014]
(a)
In all zoning districts except for TCB, the
front or rear of any multifamily building shall be no closer to the
front or rear of any other multifamily building than 50 feet. In the
TCB District, the front or rear of any multifamily building shall
be no closer to the front or rear of any other multifamily building
than 20 feet.
(b)
In all zoning districts except for TCB, the
side of any multifamily building shall be no closer than 40 feet to
the side, front or rear of any other multifamily building. In the
TCB District, the side of any multifamily building shall be no closer
than 20 feet to the side, front or rear of any other multifamily building.
(c)
In the TCB and TCR Districts, the Planning Board
shall determine the appropriate separations between any other buildings
as part of the site plan or special permit review.
(11)
No structure shall exceed 150 feet in length.
(12)
No nonresidential uses shall be permitted in
a multifamily residential building, except for a residential sales
or rental office associated with the project.
C.
Subdivision. Following site development plan approval
of two-family or multifamily uses where permitted, the overall site
may be subdivided into lots which may not be smaller than the minimum
lot size specified elsewhere in this chapter, provided that:
(1)
The purpose of such subdivision shall be to facilitate
the sale of dwelling units on individual lots, to facilitate the development
of the site with two or more condominium or property owner associations,
or to facilitate financing or construction in appropriate phases.
The configuration of lots shall be consistent with the intent of the
approved site development plan.
(2)
The approval of any such subdivision shall not constitute
an amendment to or be contrary to the approved site development plan
with respect to the physical layout of the site or other aspects of
construction. Further, no development within any of the approved lots
shall be permitted except as shown on the approved site development
plan, as such plan may thereafter be amended.
(3)
The subdivision may establish separate lots for each
of the dwelling units shown on the approved site development plan,
or separate lots for clusters of such dwelling units, and may establish
one or more separate lots encompassing open space or other common
facilities shown on the approved site development plan, without regard
to otherwise prevailing lot size, yard, height and coverage requirements.
However, all such requirements shall apply to the overall site development.
(4)
Provisions satisfactory to the Planning Board shall
be made with respect to the ownership, use, preservation, maintenance
and operation of all open space, roadways and other common facilities
on the overall site. Responsibility for all private common facilities
shall be lodged with one or more condominium or property owners' associations,
or similar entities, which shall be empowered to levy assessments
against property owners to defray the cost of preservation, maintenance
and operation and to acquire liens, where necessary, against property
owners for unpaid charges or assessments. The Planning Board may require
the establishment of a single "umbrella" entity for the overall site
if there are open spaces, roadways or other common facilities that
are intended for the shared use of the entire site. If the Planning
Board determines that such shared facilities are not significant or
that an umbrella entity is not required for proper administration,
the Planning Board may instead make appropriate requirements, in the
form of easements or otherwise, to ensure proper administration.
(5)
Lots containing one or more dwelling units shall not
be required to have frontage on a public street, provided that appropriate
easements are provided, to the satisfaction of the Planning Board,
for access between such lots and public streets over common internal
roadways and driveways to be constructed in accordance with the approved
site development plan.
(6)
Appropriate cross easements shall also be provided,
to the satisfaction of the Planning Board, to allow the use and enjoyment
of common off-street parking spaces (other than those exclusively
serving respective dwelling units) and the use and enjoyment of other
common facilities in accordance with the approved site development
plan.
(7)
The Planning Board may consider an application for
the subdivision of a site, in accordance with this subsection, concurrently
with the application for site development plan approval for the overall
site.
(8)
The boundaries between lots may be intended to coincide
with common walls separating attached dwelling units, and it may be
desirable to finalize these boundaries after the foundations of the
dwelling units have been constructed and the actual locations of the
dwelling units are thereby known. In such cases, the Planning Board
may approve a final subdivision plat on which a single lot is shown
to encompass an entire building or cluster of attached dwelling units,
with a notation as to how many such dwelling units are to be constructed
within such single lot. The Planning Board may treat the subdivision
of the single lots, in order to provide separate lots for each dwelling
unit in the building or cluster, as a subsequent section of the plat
and may simultaneously approve a preliminary subdivision plat showing
the tentative boundary lines coincident with the common walls of the
dwelling units. Upon determination of the actual locations of the
foundations of the dwelling units and after any necessary revision
of the preliminary subdivision plat, the Planning Board may proceed
with the approval of a final subdivision plat showing the final lot
lines of the building or cluster.
[Amended 9-10-2014 by L.L. No. 4-2014]
A.
Legislative intent. It is the specific purpose and intent of this
provision to provide the opportunity for the development of small,
rental dwelling units designed, in particular, to meet the special
housing needs of single persons, and couples, and/or relatives of
families presently living in the Town of LaGrange. Furthermore, it
is the purpose and intent of this section to allow the more efficient
use of the Town's existing stock of dwellings, to protect and preserve
property values and to maintain the single-family character of the
residential districts of the Town of LaGrange without the over-utilization
of the land.
[Amended 12-14-2016 by L.L. No. 8-2016]
B.
To help achieve these goals and promote the objectives of the Town
of LaGrange Comprehensive Plan, a special permit is required to create
a single accessory apartment within a one-family dwelling, subject
to the following provisions:
(1)
Owner occupancy required. The owner(s) of the one-family lot upon
which the accessory apartment is located shall occupy at least one
of the dwelling units on the premises.
(2)
Design and construction of any exterior improvements must be compatible
and harmonious with the existing building. The character of a single-family
dwelling must be maintained.
(3)
Only one accessory apartment is permitted, and it shall be clearly
subordinate to the one-family dwelling.
(4)
The number of bedrooms in the apartment shall not be more than one.
(5)
The floor area of the apartment shall not be less than 400 square
feet.
(6)
The floor area devoted to the apartment shall not exceed 35% of the
entire floor area of the one-family dwelling.
(7)
The apartment and one-family dwelling must have safe and proper means
of entrance, clearly marked for the purpose of emergency services.
The 911 address shall be posted in a conspicuous location.
(8)
If the water supply is from a private source, the applicant shall
certify that the water supply is potable and of adequate flow. Failure
to correct promptly any water quality problems shall result in the
revocation of the special permit.
(9)
The applicant shall maintain a proper sewage disposal system adequate
for the two dwelling units. Failure to correct promptly any sewer
system problem shall result in revocation of the special permit.
(10)
Any alterations that would seek to increase the bedroom count
from that of the existing dwelling for which the sewage disposal system
was originally designed shall require Department of Health approval
prior to the issuance of any required permits.
(11)
Stairways leading to any floor or story above the first floor
shall be located within the walls of the building wherever practicable.
Stairways for required exiting shall be located on the rear wall in
preference to either side wall. In no instance shall an exterior stairway
for this purpose be located on any wall fronting on a street.
(12)
Off-street parking shall be on the parcel of land on which the
accessory apartment is located. There shall be a minimum of four off-street
parking spaces provided.
(13)
The parking shall be on an improved surface so as not to create
erosion. For the purposes of this Code, parking on the lawn or on
the street is prohibited.
(14)
The Planning Board shall not consider a special permit until
any outstanding violations have been remedied to the satisfaction
of the Town of LaGrange.
(15)
Continued compliance with all of these regulations is required.
Failure to do so will result in a revocation of the special permit.
C.
A special permit is required to create an apartment which requires an addition to a one-family dwelling. If an addition is requested, it must comply with all provisions in § 240-52B, as well as the following:
D.
A special permit is required to create an accessory apartment in
garages, barns or similar accessory structures, subject to the following
provisions:
(1)
No new construction shall be permitted to enlarge existing accessory
buildings in order to accommodate apartments unless the building conforms
to zoning density requirements.
(2)
Construction associated with adaptation of buildings shall be performed
in a way that retains the character of the structure. The design and
construction of the adaption of the building must be compatible with
the parent structure in addition to the surrounding neighborhood.
(4)
Accessory apartments are expressly prohibited in accessory buildings
when an accessory apartment already exists within the one-family residence.
E.
A special permit is required for preexisting accessory apartments
not legally established and recognized by the Town of LaGrange.
(1)
Owners of accessory apartments not legally established shall have
three months from the date of enactment to apply for a special permit
for an accessory apartment and to meet the requirements of this section.
(2)
Any such property owner who has not completed or is in the process
of complying with these requirements within the required three months
shall be found in violation.
F.
Terms of special permit.
(1)
The special permit shall be issued to the owner-occupant(s) of the
property only.
(2)
Should there be a change in residency of the owner, the permit shall
become null and void. The owner shall remove the kitchen of the accessory
apartment within 60 days after the date of change in residency of
the owner.
(3)
The special permit shall remain valid so long as the applicable provisions
of this section are complied with. Failure to do so will result in
a revocation of the special permit.
G.
Transfer of permit. Should a new owner decide to live in the structure
and desire to continue the use of the accessory apartment, he or she
shall apply to the Office of the Building Inspector for transfer of
a special permit subject to the following conditions:
(1)
The owner(s) of the property must be the applicant for the transfer
of a special permit.
(2)
The applicant shall sign an affidavit provided by the Town of LaGrange
stating that he/she has read all the terms and conditions of the special
permit and that he/she will abide by all of the terms.
(3)
The applicant shall agree to a physical inspection of the property
after one year.
(5)
The Building Inspector may issue the special permit only after the
new owners have provided proof of residency.
Any real property owner who hereinafter plans
to subdivide his property shall abide by the Subdivision Regulations
of the Town, as adopted by the Town Planning Board and approved by
the Town Board.
A.
Purpose. The provisions of this section are to help
provide peace, quiet, and domestic tranquility with all residential
neighborhoods while recognizing that limited home occupational use
can be useful to the general community as well as the resident-proprietor.
B.
Procedure. Persons seeking to establish a home occupation
must seek a use permit from the Zoning Administrator, who shall require,
at a minimum, an application letter describing the use, hours of operation,
traffic, parking, and effect on neighboring properties, with a sketch
of the house and parking. The applicant shall notify all neighbors
within 150 feet and shall certify to the Zoning Administrator that
such notification has been given. The application shall be accompanied
by an application fee; the amount of the fee shall be set forth on
the prevailing fee schedule adopted by resolution of the Town Board
and as such schedule is modified from time to time by resolution of
the Town Board. The permit expires when the occupation changes or
the property is sold. Permitted home occupations operated in any dwelling
unit may be operated only if they comply with all of the following
conditions:
[Amended 7-22-2009 by L.L. No. 2-2009]
(1)
A home occupation must be incidental to the use of
a dwelling unit for residential purposes.
(2)
The dwelling unit must be owner-occupied.
(3)
No more than 30% of the total floor area of the dwelling
unit may be used in connection with a home occupation. Floor area
requirements refer only to heated and habitable rooms within the dwelling
unit.
(4)
Sale of produce and consumer goods shall be prohibited
except for the sales of products or goods produced or fabricated on
the premises as a result of the home occupation.
(5)
Only the person or persons who own and occupy the
dwelling and two additional persons shall be employed in the home
occupation.
(6)
There shall be no outside evidence of the home occupation except that one sign shall be permitted as per § 240-43 of this chapter and Table 1[1] of that section.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(7)
In no case shall a home occupation be open to the
public at times earlier than 8:00 a.m. nor later than 9:00 p.m.
(8)
There shall be no exterior storage of materials to
be used in conjunction with a home occupation.
(9)
No alteration of the residential appearance of the
premises to accommodate the home occupation is allowed.
(10)
An existing accessory structure can be used
for a home occupation, provided that there are no exterior modifications
and that the use will not change the residential or agricultural character
of the area.
(11)
The total number of home occupations conducted
within a dwelling unit is not limited except that the cumulative impact
of all home occupations conducted within the dwelling unit or on the
premises shall not exceed the impact of a single, full-time home occupation.
(12)
Electrical or mechanical equipment that creates
visible or audible interference in radio or television receivers or
causes fluctuations in line voltage outside the dwelling unit or that
creates noise not normally associated with residential uses is prohibited.
C.
The following uses are allowed, provided that they comply with conditions set forth in § 240-54B:
(1)
Artists, musicians or photographer.
(2)
Custom dressmaking, seamstress, milliner.
(3)
Tutoring.
(4)
Home crafts for sale off site.
(5)
Drafting and graphic services.
(6)
Data processing, computer programming, word processing.
(7)
Baby-sitting up to two children, in addition to the
immediate family members, without Dutchess County certification and
up to eight children if in compliance with Dutchess County rules and
regulations.
(8)
Professional and other consulting services, e.g.,
interior design, engineering, financial planning, architecture, law
and real estate.
(9)
Gardening, landscape maintenance.
(10)
Foster family care and family-type proprietary houses for adults pursuant to regulations of the New York State Department of Social Services (but not more than four children or four adults). Applicants for this use must first apply to the Planning Board for a special permit as outlined in § 240-71.
(11)
Single-chair beauty salons or barbershops.
D.
Because of outdoor parking requirements and other
issues of compatibility, the following uses are specifically prohibited
as home occupations:
(1)
Ambulance service.
(2)
Automobile repair, parts, sales, upholstery or detailing,
washing service (including businesses working at customer's homes).
(3)
Churches, religious instruction.
(4)
Restaurants and taverns.
(5)
Parking, storage and servicing of construction equipment,
including, but not limited to, trucks larger than pickups and panel
wagons, backhoes and bulldozers.
[Amended 9-10-2014 by L.L. No. 4-2014]
Overnight facilities may include inns or bed-and-breakfast facilities,
motels and hotels. The following regulations apply to each form of
accommodation:
A.
Inns are overnight accommodations similar to a small hotel. They
must meet the following conditions:
(1)
They must be limited to 70 rooms.
(2)
They must meet all parking, signage and other applicable requirements.
(3)
If converted from an existing structure, overnight accommodations
must meet all requirements of the special permit process.
(4)
Dining facilities and bar, if open to the general public, will be
treated as separate uses and thereby conform to additional restrictions
for restaurants and bars.
(5)
Overnight accommodations will be permitted only if they are compatible
in character with their immediate neighborhood.
(6)
Dining facilities shall not exceed 50 square feet per overnight room
(exclusive of the kitchen facilities).
B.
Bed-and-breakfast establishments are owner-occupied.
(1)
They must be limited to 10 guests.
(2)
They must meet all applicable zoning requirements.
(3)
The proprietor may serve meals to guests. A public dining room and
bar is expressly prohibited.
(4)
Parking lots shall not be located closer than 15 feet to any residential
property line.
(5)
A bed-and-breakfast will be permitted only if it is compatible with
its immediate neighborhood.
Unless served by central water and sewer facilities,
no residential lots of 100,000 square feet or less may be created
without a finding by the Planning Board that, based upon sufficient
information on soils, geology and hydrology, the installation of on-site
well and/or septic disposal systems, if properly installed and maintained,
would not be likely to have an adverse long-term impact upon the surrounding
groundwater or surface water quality or supply and that there is a
sufficient area of suitable soils for future extension or replacement
of initial septic disposal systems. This responsibility shall be discharged
in consultation with the Town Engineer, Dutchess County Department
of Health, or a qualified consulting engineer retained by the Town.
The letting of rooms in a dwelling unit shall
be limited to not more than three persons. The person or persons letting
the rooms shall be an owner-occupant. The letting of rooms shall not
include the provision of cooking facilities in or for such rooms but
may include the furnishing of board or the sharing of the cooking
facilities of the dwelling unit.
The keeping of farm animals or livestock in
connection with a dwelling on a lot of less than 10 acres shall conform
to the following conditions:
A.
The farm animals shall be owned by the family residing
in the dwelling.
B.
The lot on which farm animals are kept shall have
the following minimum area for each type of animal unit; provided,
however, that if more than one animal unit is kept, not less than
50% of the minimum lot area per unit shall be provided for each additional
unit:
|
Animal Unit
|
Minimum Lot Area
(square feet)
| |
|---|---|---|
|
1 dairy cow or beef cattle
|
160,000
| |
|
1 horse, mule, sheep, goat, pony or hog
|
120,000
|
C.
Any building or structure housing farm animals and
any riding ring or livestock run or yard shall be set back a minimum
of 100 feet from a property line or street right-of-way line. Adequate
fencing shall be provided and permanently maintained to contain the
farm animals within the lot.
D.
The keeping of farm animals shall not impair the residential
character of the premises nor create a hazard to health. Manure heaps
shall be screened from view of any lot and shall be a minimum of 100
feet from any property line and from the one-hundred-year floodplain
boundary or 200 feet from the center line of the stream, whichever
is greater.
[Added 8-27-2008 by L.L. No. 7-2008;
amended 9-10-2014 by L.L. No. 4-2014]
A special permit is required for single-family
residential units in the TCB District, subject to the following provisions:
A.
The Planning Board shall find that the provision of
the single-family units provides appropriate diversity of unit type
in the TCB Zoning District or an appropriate transition to the adjoining
TCR Zoning District.
B.
The bulk regulations and coverage limitations imposed upon the TCR District, as shown in § 240-28, Schedule B1,[1] shall be applied to single-family residential units in
the TCB District.
[1]
Editor's Note: Schedule B1 is attached to this chapter as part of Appendix B.
[Added 8-27-2008 by L.L. No. 7-2008;
amended 9-10-2014 by L.L. No. 4-2014]
Carriage units, as defined in § 240-112 of this chapter, may be allowed in the TCB District by special permit, subject to the following provisions:
A.
The minimum floor area of any carriage unit shall
be 400 square feet.
B.
The number of bedrooms in the carriage unit shall
not be more than two.
C.
Carriage units shall only be permitted when the Planning
Board determines that the units and buildings will be maintained properly
in the future.
D.
The Planning Board shall determine appropriate bulk
requirements for garage/carriage unit buildings as part of the site
plan or special permit review.
