Article V Supplemental Regulations: Residential

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.

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.

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.

Floor area. Each apartment must have a minimum floor area of 500 square feet.

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.

Design. The architectural design of multifamily dwellings shall be harmonious with the character of immediately surrounding areas.

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.

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.

Parking lots must not be located closer than 15 feet to any residential property line.

Separation between buildings.

(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.

No structure shall exceed 150 feet in length, except that in the TCB District, the Planning Board shall have the discretion to allow additional length for one or more multifamily buildings up to a maximum length of 225 feet. The Planning Board may authorize additional length beyond 150 feet upon a determination, after due consideration of all the Town Center Design criteria, that the appearance of the proposed building or buildings will be compatible with surrounding structures, and with the appearance of the overall TCB District. The Planning Board may impose conditions on any approval of additional building length, including incorporation of specified design features in the building and in its surrounding lighting, hardscape, landscape, in order to assure such compatibility.

(12)

No nonresidential uses shall be permitted in a multifamily residential building, except for a residential sales or rental office associated with the project.

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:

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.

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.

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.

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.

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.

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.

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.

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.

§ 240-52 Accessory apartments.

[Amended 9-10-2014 by L.L. No. 4-2014]

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]

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:

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.

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.

Only one accessory apartment is permitted, and it shall be clearly subordinate to the one-family dwelling.

The number of bedrooms in the apartment shall not be more than one.

The floor area of the apartment shall not be less than 400 square feet.

The floor area devoted to the apartment shall not exceed 35% of the entire floor area of the one-family dwelling.

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.

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.

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.

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.

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.

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:

All bulk regulations and coverage limitations of § 240-28, Schedule of Bulk Regulations and Coverage Limitations, shall be met.

Design and construction of the addition must be compatible and harmonious with the parent structure. The character of a single-family residence must be maintained.

A special permit is required to create an accessory apartment in garages, barns or similar accessory structures, subject to the following provisions:

No new construction shall be permitted to enlarge existing accessory buildings in order to accommodate apartments unless the building conforms to zoning density requirements.

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.

The conditions of § 240-52B shall be met.

Accessory apartments are expressly prohibited in accessory buildings when an accessory apartment already exists within the one-family residence.

A special permit is required for preexisting accessory apartments not legally established and recognized by the Town of LaGrange.

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.

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.

Terms of special permit.

The special permit shall be issued to the owner-occupant(s) of the property only.

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.

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.

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:

The owner(s) of the property must be the applicant for the transfer of a special permit.

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.

The applicant shall agree to a physical inspection of the property after one year.

The applicant shall provide the Town of LaGrange with proof of owner-occupancy and residency within 90 days of the change of ownership with any two of the following documents:

(a)

Driver's license.

(b)

Tax bill.

(c)

Deed or contract of sale.

(d)

Utility bill (cable, phone, electric, water).

The Building Inspector may issue the special permit only after the new owners have provided proof of residency.

§ 240-53 Subdivisions.

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.

§ 240-54 Home occupations.

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.

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]

A home occupation must be incidental to the use of a dwelling unit for residential purposes.

The dwelling unit must be owner-occupied.

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.

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.

Only the person or persons who own and occupy the dwelling and two additional persons shall be employed in the home occupation.

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.

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.

There shall be no exterior storage of materials to be used in conjunction with a home occupation.

No alteration of the residential appearance of the premises to accommodate the home occupation is allowed.

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.

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.

(13)

Signage must conform to § 240-43.

The following uses are allowed, provided that they comply with conditions set forth in § 240-54B:

Artists, musicians or photographer.

Custom dressmaking, seamstress, milliner.

Tutoring.

Home crafts for sale off site.

Drafting and graphic services.

Data processing, computer programming, word processing.

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.

Professional and other consulting services, e.g., interior design, engineering, financial planning, architecture, law and real estate.

Gardening, landscape maintenance.

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.

Single-chair beauty salons or barbershops.

Because of outdoor parking requirements and other issues of compatibility, the following uses are specifically prohibited as home occupations:

Ambulance service.

Automobile repair, parts, sales, upholstery or detailing, washing service (including businesses working at customer's homes).

Churches, religious instruction.

Restaurants and taverns.

Parking, storage and servicing of construction equipment, including, but not limited to, trucks larger than pickups and panel wagons, backhoes and bulldozers.

The following uses may be allowed in RMD and RLD Districts only, provided that the applicant applies for and satisfies conditions of a special permit as outlined in § 240-71:

[Amended 9-10-2014 by L.L. No. 4-2014]

Housecleaning service.

Appliance repair.

Home cooking and preserving.

Carpentry work.

Unlisted occupations must be considered on their merits and are subject to requirements set forth in § 240-54 and to procedures for special permits as outlined in § 240-71.

§ 240-55 Overnight accommodations.

[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:

Inns are overnight accommodations similar to a small hotel. They must meet the following conditions:

They must be limited to 70 rooms.

They must meet all parking, signage and other applicable requirements.

If converted from an existing structure, overnight accommodations must meet all requirements of the special permit process.

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.

Overnight accommodations will be permitted only if they are compatible in character with their immediate neighborhood.

Dining facilities shall not exceed 50 square feet per overnight room (exclusive of the kitchen facilities).

Bed-and-breakfast establishments are owner-occupied.

They must be limited to 10 guests.

They must meet all applicable zoning requirements.

The proprietor may serve meals to guests. A public dining room and bar is expressly prohibited.

Parking lots shall not be located closer than 15 feet to any residential property line.