Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future tense; words in the singular number
include the plural, and the plural the singular. The word "lot" includes
the word "plot." The word "shall" is intended to be mandatory; the
word "should" is intended as a recommendation that may be required
at the Planning Board's discretion; the word "may" is intended to
identify an option. The word "occupied" or the word "used" shall be
considered as though followed by "or intended, arranged or designed
to be used or occupied." The word "person" includes individual, partnership,
association, corporation, company or organization. Doubt as to the
precise meaning of any word used in this chapter shall be clarified
by the Board of Appeals under its power of interpretation by appeal.
As used in this chapter, the following terms shall have the
meanings indicated:
A use subordinate or supplemental to a main use on the same
lot.
The raising for profit/gain of fruits, grains, vegetables and the like and structures incident thereto on a farm or other parcel, including the raising or keeping of animals, consistent with § 120-15. "Agricultural use," as defined in this chapter, does not include all of the uses defined as agricultural uses in New York's Agriculture and Markets Law.
A service-way that affords a secondary public means of vehicular
access to abutting property.
Any change to a structure that is not merely a repair or
replacement of an existing part, or any change which would:
Enlarge or diminish the habitable area of the structure or any
part thereof.
Change the number of dwelling units contained in any structure.
Cause a change in the location of height of the exterior walls
or roof of the structure.
Move the structure from one position to another.
Change any exit or entry facilities.
Change or rearrange the structural parts, including bearing
walls, beams, girders and columns.
Change a use.
A facility designed for those persons who are unable to live
independently at a particular time. The following is a list of the
specific types of alternate care housing:
COMMUNITY RESIDENCEA dwelling providing room and board, recreation and rehabilitative services for the mentally disturbed under supervision.
HALFWAY HOUSEA community residence providing twenty-four-hour, on-site supervisory staff for short-term residents.
SUPERVISED-LIVING FACILITY (GROUP HOME)A community residence providing twenty-four-hour, on-site supervisory staff for long-term residents.
SUPPORTIVE-LIVING FACILITYA community residence providing supervision for residents.
FAMILY-CARE HOMEA dwelling providing room, board and supervision for patients who are maintained on in-patient status by a state psychiatric facility.
PRIVATE PROPRIETARY HOME FOR ADULTSA dwelling providing room, board, recreation and responsible supervision for persons who cannot function without personal assistance in their daily living.
PROPRIETARY RESIDENCE FOR ADULTSA dwelling providing room, board, recreation and housekeeping service for persons requiring such services.
Indoor facilities open to the public, such as a theater,
cinema or video arcade, and bowling.
The actual device which transmits and/or receives radio frequency
signal electromagnetic waves.
Any building or structure other than a tower which can be
used for location of telecommunications facilities.
The person applying for any permit, certificate of occupancy,
variance or other process or remedy under this chapter. The owner
may authorize in writing someone else to represent him or her.
The process by which the owner or authorized representative
of the owner of a lot within the Village submits a request to develop,
construct, build, modify or erect any structure. "Application" includes
all written documentation, verbal statements and representations,
in whatever form or forum, made by an applicant to the Village concerning
such a request under this chapter. Applications include permits and
approvals beyond those solely for a building or structure. The application
must be signed by the owner before it can be considered valid.
The authorization by the Board of Appeals for the use of
land in a manner that is not allowed by the dimensional or physical
requirements of the applicable zoning regulations.
A retail operation that sells, leases or rents motor vehicles
as a part of that retail operation.
An enclosed building or lot used for the repair, and/or servicing
of motor vehicles.
Any sign made from fabric or any nonrigid material supported
at two or more points.
An establishment licensed under the laws of New York State
primarily for the sale of alcoholic beverages and their consumption
on the lot.
A dwelling having a registered resident host in a private
single-family home in which at least three and not more than five
rooms are provided for overnight accommodation, the rates for which
include breakfast and lodging only, and in which no public restaurant
is maintained and no other commercial services are offered. The bed-and-breakfast
establishment shall not have more than 10 adult occupants as lodgers.
A practice, or a combination of practices, that are determined
to be effective, practical means of preventing or reducing the amount
of pollution generated by non-point sources to a level compatible
with water quality goals. Guidance on current BMPs can be obtained
from the New York State Department of Environmental Conservation and
the U.S. Army Corps of Engineers. Examples of BMPs include but are
not limited to soil management, vegetation control, sediment/erosion
control and buffer zones.
A bond held by the municipality pending completion within
established time limits of conditions agreed upon orally or in writing.
Any roofed structure intended for the shelter, housing or
enclosure of persons, animals or personal property.
The three-dimensional space on a zoned lot within which a
structure can be built, as permitted by applicable height, setbacks
and Board of Health requirements.
The vertical distance measured from the average elevation
of the finished or proposed finished grade across the street frontage
of the building to the highest point of a flat roof or to the mean
height between the eaves and the ridge of a gable, hip or gambrel
roof.
Official authorization issued by the Zoning Enforcement Officer
before the erecting, moving, altering, rebuilding or enlarging of
any building or structure.
Garages, playhouses, greenhouses, tool sheds, garden sheds
and other similar roofed structures, subordinate to the principal
building on the same lot.
Accessory buildings and structures, including base stations
designed and used to shelter equipment and/or to support personal
wireless services. The term "accessory structure" does not include
offices, long-term storage of vehicles or other equipment storage,
or broadcast studios. An accessory structure serves the principal
use, is subordinate in area, extent and purpose to the principal use
and is located on the same lot as the principal use.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbaria, mausoleums
and mortuaries when operated in conjunction with and within the boundaries
of such cemetery.
A document issued by the municipality certifying compliance
of a building and/or property with applicable building, construction,
fire prevention codes and zoning codes.
A change from one allowable use listed in Table 1 to another,
e.g., in "professional office," a change from a real estate office
to an insurance office is not a change of use, but a change from "retail
business" to "restaurant" is a change of use.
Telecommunications facilities that utilize existing towers,
buildings or other structures for placement of antennas and do not
require construction of a new communications tower.
A vehicle with gross vehicle weight in excess of 9,000 pounds
that is used for commercial purposes to include trucks, trailers,
busses and other motorized equipment.
A retail store that carries a limited selection of household
and food items and may by open for extended hours. A convenience store
may sell fuel and other disposable automobile products but may not
sell or service motor vehicles.
A place where artists, artisans, craftsman and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metal work, musical instruments, paintings, pottery, sculpture,
toys and weaving.
A facility which is not a dwelling unit in which care is
provided on a regular basis to three or more people for more than
three hours per day per person as defined in NYCRR § 418.
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care on a regular basis for
more than three hours a day to three to six people, as defined in
NYCRR § 417.
A dwelling unit which is a personal residence and occupied
as a family residence which provides day care to seven to 12 people,
as defined in NYCRR § 416.
The razing of any existing building, including substantial
removal of structural components so at to cause an effective removal
of an existing building. Demolition does not include restoration or
repair of existing structural elements with in-kind materials.
The total number of dwelling units divided by the total number
of acres within the lot.
Area within a lot, excluding required setbacks.
An accessory to a business which provides services, utilizing
a window, to a customer's vehicle. Drive-throughs are restricted to
retail banks.
An area reserved on a lot, plot, site or parcel of land for
the purpose of providing vehicular access connecting off-street parking
or a parking lot with a public or private street and finished and
maintained with a stabilized, all-weather surface material, such as
asphalt, concrete, permeable pavement, paving stone, crushed stone
or gravel.
One or more rooms that contain lawful cooking and sanitary
facilities, inhabited by one or more persons living together and maintaining
a common household, in a residential building or residential portion
of a building. The minimum floor area for a dwelling unit shall be
400 square feet.
A second dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate building, on the
same lot as the primary dwelling.
A building or group of buildings containing three or more
dwelling units on a lot. This includes condominiums, townhouses and
cooperatives, and excludes apartments located over commercial uses
in the Village Center, Medical and Professional and Gateway Business
Districts.
A detached building, other than a mobile home or other temporary
structure, containing one dwelling unit.
A one-family dwelling attached in a row of at least three
such units with each home having its own front and rear access to
the outside.
A detached building, other than a mobile home or other temporary
structure, containing two dwelling units.
An operation whose primary use is to convey knowledge, skills,
values, beliefs and habits to groups of people through organized instruction.
An educational use can function as a public, for-profit or a not-for-profit
entity and must comply with all applicable New York State Education
laws.
Any engineer licensed by the State of New York.
The average rate per square foot of new building and site
improvement costs as determined by the Zoning Enforcement Officer.
This cost will be determined yearly and submitted to the Village Board
of Trustees.
The removal of earth products on a lot, including but not
limited to sand, gravel, soil, loam and mineral products.
Those exterior portions of a building, including walls, porches,
chimneys, balconies, parapets, fenestrations and roof portions, which
face a public street or right-of-way.
One or more persons occupying a premises and living as a
single nonprofit housekeeping unit.
Any lot containing at least seven acres which is used for
commercial agriculture.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
Any area adjacent to a water body which is subject to inundation
from high water and/or wave action and at a minimum that area subject
to a one-percent-or-greater chance of flooding in any given year.
All areas designated as special flood hazard zones by the Federal
Insurance Administration's Official Map for the Village shall be considered
as floodplain areas. Further determination of the extent or existence
of floodplains shall be based on the best available information, including
but not limited to Flood Damage Prevention, Village of Rhinebeck Local
Law No. 2-1991, the United States Army Corps of Engineers floodplain
studies, the United States Department of Agriculture Soil Conservation
Service studies, soils, vegetation, hydrologic and geologic data.
The sum of the gross area of the several floors, including
any full story height below grade and accessory buildings on the same
lot, measured from the exterior walls.
A sign supported by uprights or braces placed upon on into
the ground and detached from any building.
The facade of a building nearest the front property line
which is parallel to or at an angle of 45° or less to a public
street or public right-of-way excluding porches, decks or patios.
The side or face of the building which is parallel to or
is at an angle of 45° or less to a public street or a public parking
area.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for embalming and the
performance of other services used in preparation of the dead for
burial; the storage of caskets, funeral urns and other related funeral
supplies; or the storage of funeral vehicles, but shall not include
facilities for cremation. Where a funeral home is permitted, a funeral
chapel shall also be permitted.
The natural surface of the ground or surface after the completion
of any approved change in contour.
An area in a building used for living, sleeping, eating or
cooking, not including utility, storage, and storage rooms or garages.
A number, in square feet, representing the entire area occupied
by a building, including common areas, storage, mechanical areas and
space occupied by interior structures and partitions.
An occupation or profession carried on by a resident of the
lot within a dwelling unit or an accessory structure that meets dwelling
unit setbacks, which is clearly incidental to the residential use
of the dwelling unit and does not change the character thereof. In
order to be classified as a home occupation, the use in question would
generally have an impact beyond that of a typical residential use,
such as noise, traffic, pollution, signs and parking.
A facility or institution engaged principally in providing
services by or under the supervision of a physician or for the prevention,
diagnosis or treatment of human disease, pain, injury or physical
condition, including a general hospital. The term "hospital" shall
not include an institution, sanitarium or other facility engaged principally
in providing services for the prevention, diagnosis or treatment of
mental disability and which is subject to the powers of visitation,
examination, inspection and investigation of the Department of Mental
Hygiene, except for those distinct parts of such a facility which
provide hospital service.
A domestic unit that may include both related and nonrelated
people with shared cohabitation within the same dwelling.
A commercial establishment licensed to operate a facility
housing dogs, cats or other household pets and/or where breeding,
boarding, training or selling of animals is conducted as a business.
This use is not permitted in any zoning district.
A detailed lot plan showing the site grading, pavement areas,
building footprint, landscape design, green space, trees and other
plantings.
A building containing printed, pictorial, digital and archival
material for public use for purposes of study and reference.
A facility, excluding overnight lodging facilities and public
restaurant facilities, used by a noncommercial, not-for-profit organization
(as defined by New York State law) which has formal written membership
requirements.
Any hotel, motel or inn providing sleeping accommodations
for transient guests, with or without a dining room or restaurant,
excluding room rental homes, short-term rentals, and bed-and-breakfast
establishments.
[Amended 11-12-2019 by L.L. No. 4-2019]
A lawfully created parcel of land fronting upon a street
and considered as a unit, occupied or capable of being occupied by
one building or by a group of buildings united by a common use or
interest.
The total horizontal area included within lot lines; no part
of the area within a public right-of-way may be included in the computation
of lot area.
The total ground area or footprint of all structures, expressed
as a percentage of the lot area, exclusive of uncovered porches, parapets,
steps and terraces.
That portion of the lot abutting the street line. In the
case of a lot that abuts more than one street, the Planning Board
may designate either street line as the lot frontage.
The average horizontal distance between the side lot lines.
A lot abutting upon two or more streets at their intersection,
and having an interior angle at the point of intersection of less
than 135°.
A movable or portable unit designed and constructed to be
towed on its own chassis and connected to utilities. This excludes
travel trailers. This use is not permitted in the Historic Overlay
District, nor on lots directly adjoining said district.
A communications tower consisting of a single pole constructed
without guy wires and ground anchors.
Use of land, building and structures by the Town of Rhinebeck,
Village of Rhinebeck and other governmental bodies.
A lot of record which does not comply with the area, shape,
frontage or locational provisions of this chapter for the district
in which it is located.
A structure, including buildings, which does not satisfy
the dimensional requirements of this chapter for the district in which
it is located, but which was not in violation of applicable requirements
when constructed.
Any use lawfully existing prior to the adoption of this chapter
or any preceding zoning law or ordinance which does not conform with
the use provisions of this chapter for the district in which it is
located.
An extended or intermediate-care facility licensed by the
New York State Department of Health to provide full-time convalescent
or chronic care of persons with, or recuperating from, illness or
incapacity, where nursing services are furnished, or for the accommodation
and care of persons of advanced age.
The area where, in the event of a tower failure, the entire
height of the tower would fall completely within the boundaries of
the property in which it is located.
The holder of legal title as well as holders of any equitable
interest, such as trust beneficiaries, contract purchasers, option
holders, and lessees under leases having an unexpired term of at least
10 years.
Where owner-occupancy is required, the lot and dwelling unit
must be the owner's legal home where the owner resides on a permanent
basis for at least 260 days of the year.
[Amended 11-12-2019 by L.L. No. 4-2019]
An area not within a building where motor vehicles may be
stored for the purposes of temporary, daily or overnight off-street
parking.
The parking replacement cost shall be based on the actual
cost of providing a given number of parking spaces at or near the
use in question. Such cost shall be based on the purchase, improvement
and maintenance of suitable property.
Land covered with grass or low plants suitable for grazing.
Any individual, firm, corporation, partnership, association,
company or other legal entity, private or public, whether for profit
or not for profit.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
A form of development on larger parcels that permits flexibility
in lot area, bulk standards, and housing types, with no increase in
the total number of potential housing units, in order to permanently
preserve natural areas, create park land, or protect environmentally
or historically sensitive features.
An open space dedicated to the use of children's play equipment,
such as slides, swings or play facilities.
Offices and related spaces for provision of services by medical
practitioners, attorneys, architects, engineers, brokers and similar
professions.
A study which demonstrates the existing signal coverage and
the signal coverage resulting from the proposed communications facility.
A defined area reserved for and specifically designed to
accommodate outdoor sports and activities.
A defined area reserved for and specifically designed to
accommodate uses such as, but not limited to, recreation trails or
paths and picnic areas.
A facility operated as a business and open to the public,
with facilities for uses such as tennis, horseback riding, swimming,
golf, miniature golf, driving ranges and open-air live theater.
A tax-exempt organization that regularly conducts religious
worship or related activity.
A retail business (excluding drive-through food establishments)
where food and beverages are sold to customers for consumption at
a table or counter, or on a patio, or off the premises as carry-out
orders.
Any establishment selling goods to the general public for
personal and household consumption, including restaurants and bars,
and excluding all other uses that are separately defined herein.
A dwelling having a registered resident host in the primary
dwelling of a private single-family or two-family home in which at
least one and not more than two rooms are provided for overnight accommodation,
the rates for which include breakfast and lodging only, and in which
no public restaurant is maintained. The room rental home shall not
have more than four adult occupants as lodgers.
Any business or nonprofit that provides services to the public,
including barbershops, dry cleaners, appliance repair, building trades
and banks, and excluding all other uses that are separately defined
herein.
The horizontal distance from the property line, measured
at right angles as set forth in Table 2.
Any material, structure or device, including awnings or umbrellas,
composed of letters, pictures or symbols designed or used for the
purpose of attracting, or which does attract, the attention of the
public to the subject matter thereof and located out-of-doors, on
the exterior of a building, or inside the building within two feet
of the window or in a manner to be viewed primarily by passersby.
Any distinct striping, lighting, corporate color schemes and other
graphic design intended to serve as an attraction or to call attention
to the site will be defined as a "sign."
Any sign associated with a building which becomes vacant
and remains unoccupied; or which pertains to a time, event or purpose
that no longer applies; or which remains in place that no longer advertises
a bona fide business or activity; or which pertains to a product or
service other than the one offered on such lot, shall be deemed to
have been abandoned after a period of three months or more.
Any sign manifesting kinetic or illusory motion caused by
natural, mechanical, manual, electrical or other means.
See "sign, off-premises," below.
Any sign containing multiple names located at a shopping
plaza or building used to identify multiple businesses or professional
offices that are located on site.
Signs wherein a translucent or opaque material which forms
the sign is back-lit by the light source and the light is enclosed
from direct view.
Any sign that is not in compliance with this chapter from
the date of original enactment, or from any future date on which this
chapter may be amended.
Any sign which advertises an establishment, products, services
or entertainment not present, sold or distributed on the lot where
the sign is located.
Any sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, structure or other sign, including A-frame easel, and
sandwich-board-style signs.
Any sign mounted over or on the roof or parapet of a building.
Any sign wherein the light source itself is shaped and utilized
to form the sign (e.g., neon or an array of individual lamps).
Any tower or telecommunications facility which is designed
to enhance compatibility with adjacent land uses, including but not
limited to architecturally screened roof-mounted antennas, antennas
integrated into architectural elements, towers designed to look other
than like a tower, such as light poles, power poles and trees. The
term "stealth" does not necessarily exclude the use of uncamouflaged
lattice or monopole tower designs.
Any approved public or private way, which may include a sidewalk,
street, avenue or road.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. Structures shall include, among other things, buildings,
decks, sheds, fences, storage bins, reviewing and display stands,
platforms, towers, swimming pools, tennis courts, gasoline pumps,
canopies, playhouses, greenhouses, gazebos, pergolas, toolsheds and
garden sheds. Sidewalks, ground-level parking lots, driveways and
patios are not structures.
A structure subordinate or supplemental to the main building
on the same lot.
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the transmission or reception
of communications which a person seeks to locate or has installed
upon or near a tower or antenna support structure. However, telecommunications
facilities shall not include any satellite earth station antenna one
meter in diameter or less which is located in the Village Center or
Gateway Business Districts or any satellite earth station antenna
one meter or less.
A structure which supports telecommunications facilities, whether a self-supporting lattice or monopole structure constructed from grade as a freestanding structure or a guyed tower or any other structure erected in connection with a building or other permanent structure or equipment capable of containing or intended for the use of one or more antennas for transmitting and/or receiving radio, television, digital, telephone, cellular, microwave or other similar electronic communications. The term "tower" shall not include amateur radio operators' equipment, as licensed by the FCC, and as exempted in § 120-20L of this chapter.
A communications tower constructed with guy wires and ground
anchors.
A communications tower, other than a monopole, that is constructed
without guy wires and ground anchors.
The authorization by the Board of Appeals for the use of
land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
An establishment for the medical and/or surgical care of
sick or injured animals, including facilities for their temporary
occupancy and, when operated by a licensed veterinarian, for their
cremation. Outdoor facilities for boarding and cremation are not permitted.
Use of a veterinarian's office for retail purposes is prohibited,
except for those items either prescribed by a doctor of veterinarian
medicine or those items necessary for the treatment of animal health
problems.
The area between the lot lines and the required setbacks.
A yard shall be unobstructed except for elements permitted by this
chapter.
A permit issued by the Zoning Enforcement Officer in accordance with Article XV of this chapter, either in conjunction with a building permit or on its own before the commencement of any activity as governed under this chapter.
