A.
The Village finds that a certain group of properties which are located
in both the Village Center and Residential Districts and which are
either contained within the Village Historic District or form a gateway
to this historic area require special attention. The Special Sensitivity
Overlay (SSO) will serve to encourage the preservation of the historical
character of the Village and maintain the integrity of the residential
character of the Route 9 corridor despite the impact of heavy traffic.
The economic vitality and historic fabric of the Village will be compromised
if the character of these properties is allowed to disappear.
B.
Those properties covered by the SSO and located in the Residential
District have been or have the potential to be adaptively reused for
low-intensity commercial uses. In order to maintain and protect the
small-scale historic residential quality of these properties, the
adaptive reuse of these properties will be allowed, as long as such
use abides by the performance standards established below. As these
properties face increasing pressure to house business uses, the overlay
will protect the residential quality by retaining, strengthening and
enhancing their residential characteristics and ensuring that the
new low-intensity commercial uses respect the continuing residential
uses.
C.
The properties covered by the SSO located in the Village Center are
subject to different pressures, which could ultimately result in the
same deterioration of the traditional Village fabric. The SSO enters
the Village Center and provides areas where the residential character
from the rest of the Village crosses into the Village Center, but
without the more stringent residential use restrictions. By limiting
parts of the Village Center to a building envelope closer in scale
to the residential area, the traditional and historic varied texture
will remain, thus preserving one of Rhinebeck's greatest strengths.
D.
The following special sensitivity performance and traditional zoning
standards apply to the overlay portions of the Residential and to
the Village Center Districts, respectively. In both cases the special
sensitivity standards will be in addition to the underlying provisions
from those districts and will only replace specific provisions where
stated. Buildings in the Residential SSO that will require a new certificate
of occupancy, either through a change in use or because they were
undergoing new construction, are subject to Residential District provisions
below. Buildings in the Village Center SSO that will require a new
certificate of occupancy, either through a change in use, a site modification
or as a result of new construction, are subject to Village Center
District provisions below.
Special sensitivity uses shall be allowed, by special permit,
in the areas of the Residential District that are covered by the SSO.
A special permit for such use will be granted when the Planning Board
is satisfied that the use will meet the following performance standards:
B.
Appearance.
(1)
Business uses shall be conducted in a manner which does not give
the outward appearance of a business.
(2)
Business uses must not infringe on the privacy of neighbors or their
quiet and peaceful enjoyment of their property.
(3)
Business uses shall be conducted inside the building, outbuilding
or garage, and such use will be allowed, provided that any exterior
changes made, in the judgment of the Planning Board, conform to the
historic character of the neighborhood.
(4)
Business uses shall have no external storage of materials, equipment,
containers, finished products or associated vehicles outside the building,
outbuilding or garage other than that which is normally associated
with residential use.
(5)
Business uses shall not create offensive noise, vibration, smoke,
electrical interference, dust, odors, heat or light.
C.
Traffic generation.
(1)
Trip generation as determined by the Planning Board shall maintain
the integrity of the residential character of that neighborhood.
(2)
The Planning Board during site plan review may require vehicle or
pedestrian interconnections between neighboring properties in order
to protect the safety of the public and to reduce congestion on Route
9.
D.
New construction. New buildings and all use conversions/site modifications
in the SSO Residential District shall be located, designed, constructed,
landscaped and decorated in such a manner that, to the maximum extent
feasible, the appearance of the principal building will remain as
a single detached dwelling. Such new buildings, use conversions/site
modifications shall respect the existing architectural and landscape
design of their residential setting, considering the overall context
of the site and building in terms of its history, surroundings and
the aesthetics of its original design. Improvements shall be completed
in a residential style and shall be compatible with the adjacent structures
and neighborhood.
E.
Parking.
(1)
Business uses that generate vehicular visits must provide adequate parking in accord with the parking chart shown in § 120-16A and in a manner and style that does not diminish the residential quality of the neighborhood.
(2)
Parking shall be located behind the front plane of the principal
dwelling unit on the lot or behind the building, and it shall be suitably
screened with plantings and/or fencing.
Properties covered by the SSO in the Village Center District
are subject to the same use restrictions as the rest of the Village
Center. However, buildings in the overlay must conform to the yard
and setback requirements for residential districts.
All building permits in the SSO District shall be subject to
site plan approval. Preexisting nonconformity with this chapter shall
be reduced to the maximum extent practicable.