A.
The general area and bulk regulations in each zoning
district are set forth in the single and last annexed District Schedule
of Area and Bulk Regulations/Residential and Commercial Districts,
which for convenience is found at the end of this chapter.
B.
The District Schedule of Area and Bulk Regulations is supplemented, as appropriate, by other provisions of this chapter, including the supplementary regulations set forth in Article V and the additional specific standards and requirements for certain special permit uses stated in Article VI, §§ 210-56 through 210-58, of this chapter.
Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Article XII, § 210-86A, of this chapter, of less than the prescribed lot area, lot width or lot frontage for the district in which it is located, provided that each of the following criteria is satisfied:
A.
Except as otherwise may be provided within § 265-a
of the Town Law, such lot does not adjoin any other lot, lots or tract
of land held by the same owner which aggregate area either complies
fully or more nearly complies with the minimum lot area required by
the District Schedule of Area and Bulk Regulations for the zoning
district.
B.
Development of the lot shall satisfy all applicable
requirements of the Town of Union Vale, the Dutchess County Health
Department and the New York State Departments of Health and Environmental
Conservation for potable water supply and sanitary sewage facilities.
C.
If created after September 24, 1962, the lot is part of a subdivision plat approved by the Town of Union Vale Planning Board in accordance with Chapter 192, Subdivision of Land, and filed in the Dutchess County Clerk's office in a timely manner pursuant to the Town Law.
D.
If developed for residential use, use of the lot shall
be limited to one principal single-family dwelling and its associated
permissible accessory structures.
E.
Development of such existing lot of record may, upon
a demonstration by the applicant satisfactory to the Code Enforcement
Officer 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 yard
requirements:
F.
Development of such existing lot of record complies
with all other area and bulk regulations for the zoning district.
A.
In all zoning districts where residences are permitted,
a lot may only be improved for residential use in accordance with
the minimum lot area and bulk regulations for the district as set
forth in the District Schedule of Area and Bulk Regulations, except
for the following:
(2)
As otherwise provided within § 210-20 of this article with regard to certain minimum lot area, lot width and frontage exceptions for average density subdivision lots, flag lots and lots with frontage on culs-de-sac, each as created in accordance with Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale.
B.
Moreover, except as may be authorized within a residential cluster development under Article V, §210-32, only one single-family or two-family dwelling and related accessory uses, as may be authorized within the District Schedule of Use Regulations[1], may be constructed on any lot or other parcel within
the Town of Union Vale. Further, a residential lot of required or
greater than required lot area as set forth in this chapter shall
not be reduced in area for 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 for the district in which the lot or lots are situated.
[Amended 12-8-2010 by L.L. No. 15-2010]
[1]
Editor's Note: Said schedule is included at the end of this
chapter.
A.
The height limitations set forth in the District Schedule
of Area and Bulk Regulations shall not be applicable to the following
structures or described part or parts thereof:
(2)
Flagpoles.
(3)
Radio or television antennas, transmission towers or cables and communication towers incidental and accessory to a principal use, any of which shall be limited to a maximum height of 35 feet above average finished grade at its base, or as may be more restricted within Article V of this chapter.
[Amended 3-11-2010 by L.L. No. 12-2010]
(4)
Spires, belfries, chimneys, parapets or railings,
elevators, stair bulkheads, solar collectors, air conditioning and
other mechanical appurtenances, including wind generators, and similar
features which in their aggregate occupy no more than 10% of the roof
area of the building to 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 in no instance, other than spires or belfries,
exceed 40 feet above the average finished grade of the building to
which they are affixed.
[Amended 3-11-2010 by L.L. No. 12-2010]
(5)
Windmills, wind turbines or similar components of a wind energy system incidental and accessory to a principal use within the RA5, RD10, TC and A Districts, subject to the issuance of a special use permit in accordance with the additional specific standards and requirements set forth in Article VI, § 210-56B(9), of this chapter.
[Added 3-11-2010 by L.L. No. 12-2010[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
A(5) as Subsection A(6).
B.
No structure or other exception to the height limitations
set forth in the District Schedule of Area and Bulk Regulations shall
be used as a place for habitation or for advertising purposes not
otherwise authorized by 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 Code 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
curb level, if any, or above the existing roadway grade, shall be
erected or installed and maintained 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 subsection shall not, however,
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 the 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.
Open arbor or trellis.
D.
Unroofed steps, patio or terrace not less than 50%
of the minimum setback distance required for the zoning district under
this chapter for a principal building from any side or rear lot line.
E.
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 or rear of a building
and extending not more than eight feet from the principal building
or closer than five feet to any lot line.
A.
Permanent accessory structures. Accessory structures, as defined in Article XII, § 210-86A, of this chapter, may be constructed in any side or rear yard of a residential premises, notwithstanding the minimum setback requirements for principal buildings set forth in the District Schedule of Area and Bulk Regulations, provided that the limitations stated herein are met:
[Amended 3-11-2010 by L.L. No. 12-2010]
(2)
Except in the H and NC Districts where a minimum setback
of 15 feet is authorized, no such structure shall be set back less
than 25 feet from any side or rear lot line in the R1, R1.5 and RA3
Districts, or less than 35 feet from any side or rear lot line in
the RA5 or RD10 Districts.
(3)
No such structure shall be located less than 12 feet
from the principal building or less than 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 zoning district within the RA5 and RD10 Districts,
whichever shall be less restrictive. Within all other residential
districts, no such structure shall project closer to the fronting
street than the principal building on the lot.
[Amended 3-11-2010 by L.L. No. 12-2010]
(5)
Except in the RD10 and RA5 Districts, all roofed permanent
accessory structures, exclusive of agricultural buildings, shall in
the aggregate comprise not more floor area that either the principal
building on the lot or 1,500 square feet, whichever is the more restrictive.
(6)
Except in the RD10 and RA5 Districts, not more than three permanent accessory structures, other than permitted signs or agricultural buildings and no more than one of which may be a garage, shall be permitted on an individual lot in a residential district. In the event the lot exceeds 10 acres in land area, additional accessory structures may be sited if a special use permit is granted therefor in accordance with Article VI of this chapter.
B.
Portable accessory structures. Portable accessory
structures with a maximum floor area of 100 square feet may be installed
or constructed and utilized on any premises without the issuance of
a building permit or certificate of occupancy, provided any such structure
complies with the following additional criteria:
(1)
The structure does not have a permanent foundation.
(2)
The structure is not served by electricity, gas or
plumbing.
(3)
The structure does not exceed 10 feet in height.
(4)
The structure is never used for human habitation,
not to be construed as precluding its use as a children's play structure.
(5)
All other requirements of this chapter related to
the location of accessory structures are fully met, including but
not limited to the minimum setback requirements for a permanent accessory
structure.
C.
Fences and walls. Fences and walls may be located in required yard areas or elsewhere on a lot, parcel or premises where in full compliance with the standards provided within both § 210-15, Corner lots; obstructions at intersections, of this article and Article V, § 210-27, Fences and walls within required yards, of this chapter.
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 a distance
equal to twice the maximum 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 in width, the front setback shall be measured perpendicularly
from the center line of the existing right-of-way 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 192, Subdivision of Land, of the Code of the Town of Union Vale, and in which instance lots are being platted exclusively for residential use, 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:
A.
Average density subdivision. That in a limited number of occurrences where the Planning Board finds it desirable to respect natural or existing man-made boundaries in the platting of lots or modify the configuration of lots to protect and enhance vital environmental resources such as those recognized in the Environmental Resource Overlay (ER-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 may be authorized within an average density subdivision, as defined within Article XII, § 210-86A, of this chapter, and deemed to be conforming lots, provided that the threshold criteria and the minimum requirements set forth below are strictly applied:
(1)
The parcel proposed for average density subdivision
shall be located either within the RD10 or RA5 Districts and/or classified
within the ER-O or SC-O Districts.
(2)
Any reduced-area lot created within an average density subdivision shall have a minimum land area of five acres in the RD10 District, three acres within the RA5 District, or two acres if located elsewhere, with the calculation of minimum lot area subject to the limitations set forth in § 210-22 of this article and chapter.
(3)
Any such reduced-area lot shall be platted as part
of an average density subdivision in which the mean, or average, lot
area throughout the subdivision meets or exceeds the minimum lot area
requirement for the zoning district. In other terms, after subtracting
the acreage if any devoted to subdivision roadway, the maximum number
of lots created from a single parcel in the RD10 District through
use of the average density concept shall be established by dividing
the total acreage of the parcel by 10 and rounding to the next lowest
number. In the case of the RA5 District, this calculation would occur
by dividing the total acreage of the parcel by five and similarly
rounding to the next lowest number.
(4)
The above notwithstanding, the maximum number of reduced-area
lots that may be created from a single parcel legally existing on
May 30, 2002, through use of the average density subdivision technique
shall be six lots.
(5)
Use of the average density subdivision technique shall
not be applicable to any parcel created after May 30, 2002.
(6)
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.
(7)
The Planning Board shall require sufficient legal
assurances (i.e., conservation easements or similarly binding legal
mechanisms) to prevent future subdivision of the remaining lands of
the parent parcel in a way that would cause the maximum average density
standard of one lot per 10 acres in the RD10 District, one lot per
five acres in the RA5 District, or such density standard as may be
applicable within the underlying zoning district and thereby otherwise
pertain to lots created from lands within the ER-O or SC-O Districts,
to be exceeded.
B.
Flag lots. That in a limited number of occurrences where the Planning Board finds it to be essential to permit reasonable use of the subdivision tract without adverse environmental impact or in contravention of the public health, safety and welfare, flag lots, as defined in Article XII, § 210-86A, of this chapter, may be authorized as conforming lots provided that the limitation as to number of lots and the minimum requirements set forth below are strictly applied:
(1)
That the number of flag lots authorized on any subdivision
plat shall be related to the total number of lots shown on the final
subdivision plat and shall not exceed the number specified below:
(2)
That any authorized flag lot shall have a minimum
lot frontage of 50 feet not less than 25 feet of which shall be dry
land area with topographic conditions suitable for driveway access.
The above notwithstanding, any flag lot contiguous to another lot
or lots with less than the minimum frontage prescribed in the District
Schedule of Area and Bulk Regulations shall share a common access
point and driveway with the adjacent lot or lots.
(3)
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 final subdivision plat, rather than at the
minimum required front setback line as otherwise specified in this
chapter. The building line so established shall be located a distance
not less than the minimum front setback otherwise required in the
zoning district further from the lot frontage than the line at which
the minimum lot width specified for the zoning district is first met.
(4)
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 is first met. The above notwithstanding,
that the minimum total lot area of any flag lot shall be not less
than 150% of the minimum lot area otherwise authorized within the
zoning district.
(5)
That a conspicuous note be located on the subdivision
plat both advising that any authorized flag lot may not be further
subdivided, i.e., resubdivided, and providing specific reference to
the affected lot or lots.
C.
Cul-de-sac frontage lots. That in the case of any
proposed lot with not less than 75% of its frontage on the right-of-way
circumference of the turnaround to be installed within a subdivision,
the following reduced minimum lot frontage requirements may be applied
in the respective zoning districts for creation of a conforming lot:
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 to those required in the more restricted
zoning district.
[Amended 3-11-2010 by L.L. No. 12-2010]
A.
No more than 25% of the required minimum lot area for any lot in any zoning district may be fulfilled by land which is included within either a designated wetland as delineated by the New York State Department of Environmental Conservation in accordance with Article 24 of the Environmental Conservation Law or any other wetland area subject to jurisdiction by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act, which lies under water or which is subject to periodic flooding under conditions of a one-hundred-year flood, as delineated by the Federal Emergency Management Agency and set forth within Article II of the chapter as the Flood-Fringe Overlay District (FF-O) District. In other terms, any lot must include dry upland area of not less than 75% of the minimum lot area for the zoning district.
B.
In the
RD-10 District, not less than 50% of the required minimum lot area
for the zoning district shall be provided through contiguous dry upland
area. In all other zoning districts, not less than 60% of the required
minimum lot area shall be provided through contiguous dry upland area.
C.
All minimum front, side and rear yard requirements
set forth within the District Schedule of Area and Bulk Regulations
must be satisfied by measurement wholly on dry land, except that for
purposes of this subsection, land which is covered by a stream less
than 10 feet in average width at mean water level or land covered
by a pond not more than 2,000 square feet in surface area at normal
high-water level shall not be considered as being under water.
