The Residential District is established to create a safe and
comfortable place for people to live in. While a degree of privacy
is expected, especially in the house and the rear yard, the front
yard and the front porch should provide a transition to the public
realm of the street. Zoning in the Residential District shall adhere
to the following principles:
A.
Setback distance will vary from street to street but will be generally
uniform for most houses on a block.
B.
Building height and setbacks will create the feel of an outdoor room
so that streets and sidewalks function as the primary public spaces
in the community.
C.
Principal entrances shall be clearly defined and face the street.
D.
Garages shall be recessed from the front plane of the principal structure
and shall not dominate the building facade.
E.
Front porches will be encouraged for new homes. These provide an
important transition between the public realm (street and sidewalk)
and the private home.
F.
Building orientation, fenestration, building materials, rooflines,
building height and other architectural elements shall be compatible
with the adjacent properties' and neighboring buildings' character.
Special care shall be taken when working with properties within the
Historic District Overlay.
G.
Residential streets shall be integrated into the Village's interconnected
street network, creating easy and varied pedestrian routes throughout
the Village and, in particular, to the Village Center, school areas
and recreational areas.
H.
Dead ends, culs-de-sac and loop roads are discouraged unless unusual
topography or other physical characteristics of the land make them
necessary.
I.
Streets and sidewalks shall be designed to accommodate multiple users,
including cars and pedestrians. Sidewalks shall be required for new
construction where necessary and appropriate.
J.
Sidewalks shall be separated from the roadway by a planting strip
and street trees where practicable.
K.
On-street parallel parking shall be permitted on one or both sides
of the street as established by the Village Board of Trustees.
L.
Where applicable, street curbing shall be installed with new construction.
A.
Accessory structures.
(1)
Garages not exceeding 530 square feet, and playhouses, greenhouses,
toolsheds, garden sheds, and other similar structures not exceeding
144 square feet, shall be set back a minimum of five feet from the
side or rear property lines and are not permitted forward of the front
plane of the principal structure.
(2)
The combined footprint of all accessory buildings shall not exceed
75% of the principal structure. No more than three accessory buildings,
including no more than one garage, shall be permitted on a lot in
the Residential District. No accessory structure may exceed 26 feet
in height in the Residential District.
B.
Yard storage is prohibited forward of the front plane of the principal
structure. Within the setbacks of residential dwelling units, outdoor
storage or parking of the following is prohibited: boat and trailer,
trailer, motor home, commercial vehicle of more than one-ton capacity
or any other similar recreational vehicle, within 10 feet of the side
and rear property lines. Within the remaining yard of residential
dwelling units, outdoor storage is limited to no more than two of
any of the preceding list.
C.
Specific Residential District parking provisions.
(1)
Garages or open parking shall only be for persons residing on or
visiting the lot.
(2)
Driveways shall not intersect street lines less than 50 feet from
any intersection of two street lines.
(3)
No commercial vehicle of more than one-ton capacity shall be parked
or stored overnight in any yard or on the street in any Residential
District.
(4)
Except in a driveway (which may not exceed 18 feet in width and must
be delineated), parking is not allowed in the front yard or any portion
thereof forward of the front plane of the principal structure, nor
shall this area be utilized to provide any parking space required
in this chapter.
In the Residential District, accessory dwelling units and two-family
dwellings shall be allowed by special permit when the applicant can,
to the Planning Board's satisfaction, show that the new use will meet
all of the following criteria and standards:
A.
Special permit standards. The intensification of activity will be
compatible with the neighborhood, and such accessory use will:
B.
General performance standards.
(1)
Accessory dwelling units shall only be permitted where the new dwelling
unit and the existing dwelling unit meet all dimensional, use and
performance standards of this chapter.
(2)
Accessory dwelling units and two-family dwellings shall provide off-street parking for any and all anticipated increase in vehicles at the dwelling above and beyond the parking already required by § 120-16.
(3)
Except in a driveway (which may not exceed 18 feet in width and must
be delineated), parking is not allowed in the front yard or any portion
thereof forward of the front plane of the principal structure, nor
shall this area be utilized to provide any parking space required
in this chapter.
C.
Accessory dwelling units.
(1)
Accessory dwelling units shall have provisions for complete living,
including sanitary, kitchen and sleeping facilities for year-round
use by one family.
(2)
Accessory dwelling units shall be secondary to the principal dwelling
unit and shall maintain an appearance compatible with the architectural
features of the principal dwelling unit.
(3)
Owner occupancy is required where a special permit has been granted
for an accessory dwelling unit to a single-family home; the owner
shall reside in at least one of the two dwelling units on the lot
for at least six months of the year.
(4)
The minimum floor area for accessory dwelling units shall be 400
square feet, and they may not have a floor area greater than 25% of
the primary dwelling unit, not to exceed 750 square feet.
(5)
There shall be no more than one accessory dwelling unit per single-family
home.
(6)
Accessory dwelling units are subject to the dimensional requirements
provided for the underlying district and shall be counted toward the
maximum allowable lot coverage area.
(7)
No accessory dwelling unit shall be subdivided onto a separate lot
unless each new lot created meets all of the dimensional and other
requirements for its district established by this chapter.
D.
Two-family dwellings.
(1)
Single-family dwellings converted to two-family dwellings shall be
allowed, provided that no exterior changes are made which are inconsistent
with the original dwelling or do not conform to the character of the
neighborhood. Newly constructed two-family dwellings shall be allowed,
provided they are consistent in scale and architectural type with
existing houses on the street.
(2)
Each of the two units created in the two-family dwelling must have
a minimum of 750 square feet of interior habitable area.
A.
Multiple-family dwellings existing in the Residential District at
the time of the adoption of this chapter may retain their special
permit status and remain as a special permit use subject to the following
provisions. New multiple-family dwellings are prohibited in the Residential
District, except as specifically permitted in this chapter,
B.
Alteration or addition. With special permit approval and subject
to the following provisions, multiple-family dwellings may be replaced,
enlarged, extended or moved and may increase their density.
(1)
All building and zoning permit applications for the alteration of
a multiple-family dwelling shall be subject to special permit and
site plan approval.
(2)
Multiple-family dwelling structures may be enlarged, extended or
moved, in whole or in part, beyond the area occupied by such use at
the time of adoption of this chapter, to an area on the same lot.
(3)
Multiple-family dwellings may increase their density and add up to
10% of the number of dwelling units. Only preexisting multiple-family
dwellings with 10 or more units qualify for this increase in density.
When calculating such an increase, quantities of 1/2 or more shall
equal a full dwelling unit.
(4)
Multiple-family dwellings may not expand onto any additional lot
not currently containing a multiple-family dwelling, nor may any other
lot be merged with a lot containing a multiple-family dwelling.
C.
If a multiple-family dwelling is hereafter destroyed by fire, wind,
explosion, structural failure or other natural cause, it may be repaired
or rebuilt, subject to special permit as granted by the Planning Board.
D.
If a multiple-family dwelling is discontinued for a period of 18
consecutive months, it shall not be renewed, and any subsequent use
on that lot shall be subject to review by the Planning and Zoning
Boards, as applicable.
Home occupations may be permitted in existing and new residences,
in outbuildings and in garages, subject to site plan approval and
the receipt of a special permit, when the applicant can show to the
Planning Board's satisfaction that the business activity will comply
with the following criteria and standards.
B.
Home occupations shall be incidental and secondary to the use of
a dwelling unit for residential purposes. Such uses shall occupy an
area no greater than 25% of the gross habitable area on the lot. The
space occupied by the home occupation itself does not necessarily
have to be in the habitable area.
C.
Home occupations shall be conducted in a manner which does not give
the outward appearance of a business.
D.
Home occupations must not infringe on the privacy of neighbors or
their quiet and peaceful enjoyment of their property.
E.
Home occupations shall be limited to one per lot.
F.
Home occupations shall be conducted only by a resident of the lot.
G.
Home occupations shall allow no more than two nonresident assistants,
interns or employees at any one time per home occupation.
H.
Home occupations shall provide off-street parking for any and all anticipated increase in vehicles at the dwelling above and beyond the parking already required by § 120-16. Such parking shall be provided in a manner and style that does not diminish the residential quality of the neighborhood.
I.
Each home occupations shall only have one sign which shall not exceed two square feet. The sign shall otherwise be in compliance with § 120-19.
J.
Home occupations shall be conducted within the home or accessory
structure. Such use shall not alter the external appearance from a
residential character.
K.
Home occupations shall not generate auto and truck traffic that would
exceed the volume of traffic that would otherwise be generated by
typical residential use.
L.
Home occupations shall have no external storage of materials, equipment,
containers, finished products or associated vehicles outside the home,
outbuilding or garage other than that which is normally associated
with residential use.
M.
Home occupations shall not create offensive noise, vibration, smoke,
electrical interference, dust, odors, heat or light.
N.
Home occupations shall not use substances which endanger public health
or safety or which pollute the air or water.
Planned residential development may be permitted by special
permit in the Residential District. A planned residential development
shall require site plan approval by the Planning Board prior to, or
concurrent with, subdivision approval. The Planning Board may also
reject a conventional subdivision approach and require a PRD to accomplish
one or more of the following purposes.
A.
Purposes of a PRD.
(1)
To conserve portions of the parcel with sensitive natural features,
such as steep slopes, floodplains, wetlands, stream corridors, or
significant wildlife habitats, by permanently setting them aside from
future development;
(2)
To protect the historic character and surroundings of structures
or sites in the Rhinebeck Village Historic District or on the National
Register of Historic Places; or
(3)
To provide a more creative and land-efficient development layout
with a range of housing choices compatible with the Village character,
while reducing the need for excessive clearing, regrading, paving,
and/or longer utility lines.
B.
Requirements for a PRD.
(1)
The existing parcel shall be six acres or larger.
(2)
The maximum number of dwelling units permitted in a PRD shall not
exceed the number of units that, in the Planning Board's judgment,
would be permitted if the land was subdivided into conventional lots
conforming to all Residential District standards.
(3)
The applicant shall prepare at least two initial sketch plans before
submitting any engineered drawings: a conceptual plan consistent with
all Residential District standards to help determine a total unit
count, and conceptual development plan(s) under the PRD standards
for preliminary discussions of design alternatives with the Planning
Board.
(4)
The Planning Board, as part of its approvals, shall establish conditions
of ownership, use, and maintenance of any common areas, conserved
land, parks, streets, and utilities.
C.
PRD performance standards. Special permit and site plan approval
shall be contingent upon the applicant's ability to demonstrate that
the proposal adheres to the following performance standards:
(1)
PRDs are subject to the same provisions established for the Residential
District, except as provided in this section.
(2)
The Planning Board may vary residential lot areas, yard areas, coverages, widths, and frontages from the dimensional chart provided in § 120-8, Table 2, Dimensional Table of Yard, Area, Setback and Height Requirements. All perimeter lots shall have a minimum rear yard setback of 25 feet. The maximum height requirement remains at 35 feet.
(3)
Planned residential developments may be comprised of single-family,
two-family, townhouse and multifamily dwellings. A PRD shall have
a balanced mix of at least two housing types.
(4)
A single-family home may also have one accessory dwelling unit.
(5)
Streets in a PRD shall be integrated into the Village's interconnected
street network, creating easy and varied pedestrian routes throughout
the Village and, in particular, to the Village core. There must be
multiple entrances to the PRD, and these shall be designed as extensions
to existing Village streets.
(6)
PRDs shall be interwoven into the community and should not stand
alone. Streets within a PRD shall form an interconnected network of
short blocks. Dead-ends, culs-de-sac and loop roads are discouraged
unless unusual topography or other physical characteristics of the
land make them necessary.
(7)
Sidewalks and street trees shall be required on both sides of the
street.
(8)
Front porches are encouraged for all homes in a PRD, providing an
important transition between the public realm (street and sidewalk)
and the private home.
(9)
Building orientation, fenestration, building materials, rooflines,
building height and other architectural elements shall be consistent
with the Village's historical architectural character or the character
of the neighborhood.
The permitting of alternate-care housing community residences,
family-care homes, domiciliary-care facilities or residence schools
for the developmentally disabled in the Residential Districts and
Medical and Professional. District by special permit shall be in accordance
with the intent, objectives and standards as follows:
A.
Intent. The intent is to make alternate-care housing possible for
those persons who are unable to live independently at a particular
time; also, to assist New York State institutions for the mentally
disabled in the deinstitutionalization process through the utilization
of alternate-care housing without altering the character of each neighborhood
of the Village of Rhinebeck.
B.
Objectives:
(1)
A well-balanced population through the utilization of a controlled
growth approach.
(2)
An acceptance of integration of alternate-care housing residence
into the community without creating a negative environment for the
residents of the alternate-care facility, as well as the residents
of the community.
(3)
Harmony with the objectives of the Master Plan.
C.
Project description. In addition to site plan approval, the Planning
Board shall request that a community impact statement be submitted
by the applicant. The statement shall include the following information:
(1)
Specific classification of the residence and the name of the regulatory
agency or agencies.
(2)
The person, agency or institution responsible for the financial support
of the residents.
(3)
Copies of all correspondence between the applicant and the regulatory
agencies.
(4)
Classification and description of residents to be housed.
(5)
Current and projected number of residents.
(6)
A statement as to whether residents will need employment.
(7)
A description of the plan to integrate the residents into the community.
(8)
The number of staff employees residing on the lot.
(9)
The number of nonresident staff employees.
(10)
A statement of community services required, including water,
utilities, sewerage and community hall.
(11)
A transportation plan.
(12)
A recreation plan, describing planned active and passive activities
providing pleasant occupations, amusement and diversions.
(13)
The age of the prospective residents and whether any will become
the responsibility of the Rhinebeck Central School.
(14)
A vicinity map: Indicate all other health-related and alternate-care
facilities within a radius of one mile of this facility.
(15)
A description of a five-year operating plan as it pertains to
the previously mentioned items.
D.
Standards.
(1)
The community environment standards reported in a statement of principle
by the State Department of Mental Hygiene and the State Board of Social
Welfare states that: "A concentration of residences in a single neighborhood
would be detrimental not only to the community but to the clients
of the facility as well." To avoid a negative impact on the neighborhood
as well as on the residents of alternate-care housing:
(a)
The approval shall be limited to one facility per block face.
(b)
No two facilities shall be within a radius of 1,320 feet of
each other.
(c)
An ACH dwelling shall have no more than six unrelated people
per lot.
(d)
An alternate-care facility housing more than six ACH residents
shall require a site of not less than one acre, and the total population
for ACH lots of any size, including residents and staff employees,
shall not exceed 10 persons per acre.
(e)
No facility shall be approved if at the time of application
the number of ACH residents within the Village exceeds 2% of the Village
population.
(f)
The facility shall conform to and be in harmony with the overall
character and appearance of the surrounding neighborhood.
(2)
New and existing structures shall be constructed, altered and renovated
in accordance with the New York State Uniform Fire Prevention and
Building Code and shall be subject to Health and Fire Department regulations
and approvals.
(3)
Alternate-care facilities shall not erect any sign that identifies
or advertises the use or occupancy of the home.
(4)
Planning Board approval is subject to the licensing procedures of
the county and State Department of Mental Hygiene, Department of Social
Welfare, and the Board of Social Welfare. A certificate of occupancy
shall not be issued by the Zoning Enforcement Officer until a license
is granted and a copy presented to the Planning Board.
(5)
Regular conformance review of each alternate-care facility granted
a special permit shall be performed once every year upon the anniversary
date of the facility's original permit. This review will be done by
the Planning Board.
(6)
Any change to the current status shall require a new special permit
application to the Planning Board.
