Clinton Town Dutchess County
City Zoning Code
City Zoning Code
ARTICLE III
District Regulations
§ 250-8 Application of regulations.
A.
No building or structure shall be erected, moved, altered, enlarged or rebuilt, nor shall any land, building or structure be used, designed, or arranged to be used for any purpose other than as specified in the Schedule of Use Regulations[1] and subject to all provisions of this chapter. See § 250-3 for full district names.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B.
Within each district, the regulations set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.
§ 250-9 Schedule of Use Regulations. [1]
A.
For activities requiring site plan review or a special Use permit, see §§ 250-96 and 250-97, respectively, for necessary procedures and general standards. See also any applicable supplementary regulations for specific uses in Article V.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B.
Any use not specified in the Schedule of Use Regulations is prohibited in all districts.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
§ 250-10 Conservation Agricultural Residential (C) District regulations.
A.
Purpose. The Conservation Agricultural Residential (C) District regulations are intended to preserve and maintain the quality and quantity of surface and groundwater in the primary watershed area of Silver Lake, Mud Pond, and Long Pond. These lakes have been identified as one of Dutchess County's Significant Areas by the Dutchess County Environmental Management Council because of their unique geological formation and important habitats. They are also identified in the Town of Clinton Master Plan as located over a prime aquifer. The C District regulations permit agriculture and residential uses, but prohibit certain uses and activities that are incompatible with the goal of protecting high-quality water for drinking and recreational use. The restrictions are designed to ensure long-term surface water quality and the substantial groundwater potential in this area, to protect aquatic life, and the health, safety and general welfare of the surrounding residents.
B.
Location. The additional requirements of this section apply exclusively to the Conservation Agricultural Residential District as delineated on the Zoning District Map, Town of Clinton, adopted as part of this chapter.
C.
General standards.
(1)
No proposed use or action requiring a permit or Board approval in the C District shall be approved or undertaken where the reviewing board or official, as prescribed by Article VII herein, finds that, based on available information, analysis and evidence, the proposed action will:
(a)
Significantly alter the subsurface flow of groundwater to existing water supply wells;
(b)
Degrade the quality of surface or groundwater through the introduction of sewage wastes, stormwater runoff, liquid chemicals, petroleum products, dissolved metals, or other toxic substances;
(c)
Increase the long-term risk of water contamination through the siting, establishment, or expansion of uses which store, transport, or use significant quantities of material which is potentially harmful to water quality;
(d)
Increase the risk of water contamination through the excavation of soil, sand, stone, or gravel.
(2)
Any action requiring a site plan, special use permit, or subdivision approval shall conform to erosion and sedimentation control standards as defined in § 250-71 and the recommendations in the Dutchess County Soil and Water Conservation District's Erosion and Sediment Control Guidebook.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3)
Nothing in Subsection C shall apply to introduction of animal wastes through agricultural operations.
D.
Use requirements.
(1)
Prohibited uses and activities. The following uses or activities are prohibited in the C District:
(a)
Land application, disposal, or storage of any sludge, solid wastes, municipal wastewater, toxic chemicals, hazardous or radioactive materials, except the storage of solid waste and hazardous substances in containers as part of normal household use. Such restriction shall not apply to normal agricultural operations;[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b)
Disposal of toxic or hazardous wastes in disposal wells or unsealed abandoned wells;
(c)
Snow stockpiling or dumping from Town roads or public or private parking lots, except normal road plowing;
(d)
Chloride salts, nitrate salts, or coal storage, except as part of indoor household use;
(2)
Bulk fuel storage. No underground storage tanks shall be installed or replaced in the C District, unless such tanks, regardless of size, comply with all Department of Environmental Conservation regulations for tanks over 1,100 gallons. Aboveground storage of heating fuel shall be permitted and shall comply with all applicable codes and regulations for safe and proper storage (see § 250-35). The owner of any storage tank or container is responsible for prompt reporting of any spills or leaks and for the cost of cleanup, containment and damages.
(3)
Agricultural uses.
(a)
No building in which animals are kept shall be placed closer than 200 feet to any lake. Such restriction shall not apply to buildings in existence on the effective date of this chapter.
(b)
All stables, pigsties, barnyards, standing places and other areas where animal wastes may accumulate shall be so arranged and maintained that no washings or drainage therefrom shall flow into any lake, watercourse or wetland. This subsection shall not apply to such structures and feed lots in existence on the effective date of this chapter.
(c)
All bulk storage of artificial fertilizers, pesticides, herbicides, or other farm chemicals shall be within a completely enclosed building or structure which will prevent any seepage or runoff.
(4)
Hazardous substances. No pesticides, herbicides, fertilizers or other hazardous substances for lawn care shall be stored or applied within 200 feet of any lake. Such substances should be stored and used in compliance with state guidelines and regulations to prevent leaching into surface and groundwater.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5)
Sewage treatment systems.
(a)
No septic system or other facility for the deposit or treatment of human wastes or wastewater shall be constructed within 200 feet of a lake, watercourse or wetland or in such a place or manner to threaten to contaminate the same. Such restriction shall not apply to septic systems installed before the effective date of this chapter.
(b)
Before a building permit to expand the number of bedrooms or bathrooms in an existing building shall be issued, the applicant shall present evidence of inspection by a qualified professional and affidavit that the existing or proposed septic system shall be adequate to support such proposed expansion and that there is no evidence that such expansion will cause lake pollution from this source.
(c)
All sewage treatment systems shall be designed with subsurface discharge resulting in no visible effluent.
§ 250-11 Hamlet (H) and Residential Hamlet (RE) District regulations.
A.
Purpose. The Town of Clinton values the architectural character of its historic hamlets. The following district regulations are intended to reinforce Clinton's hamlets by allowing residential and certain nonresidential growth in and immediately around existing hamlets. These districts provide for a traditional hamlet land use pattern of mixed residential, community facilities, and small-scale commercial businesses. A variety of uses and housing types, short front setbacks, pedestrian orientation, vacant and interior lot development are encouraged, while highway business uses or suburban strip centers are not allowed. Compatibility with the existing historic and primarily residential character of the hamlets is protected through design criteria in the site plan review process.
B.
Location and permitted uses. The additional requirements of this section apply to the Residential Hamlet (RH) and Hamlet (H) Districts only, as delineated on the Zoning District Map, Town of Clinton, adopted as part of this chapter. The permitted uses in the RH and H Districts are listed in the Schedule of Use Regulations.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
C.
Standards.
(1)
Access. To the extent practical, new buildings shall front on new interior roads, and not on county roads. Such interior roads shall be built with provisions for a pedestrian accessway and shall require street trees and on-street parking. Where appropriate, adjacent nonresidential parking and circulation routes shall be interconnected to limit access points onto main roads.
(2)
Off-street parking. All nonresidential and multifamily off-street parking shall be screened with landscaping or fencing from the public roadway and neighboring residential properties, and shall be located behind the front building line, preferably in the rear yard, except where specific site conditions make such location impractical. For the purposes of this section, the front building line shall also include, on a corner lot, any side building line that fronts on a street.
(3)
Maximum size of structures. The maximum footprint (ground area covered by the building and foundation) of any structure shall be 3,000 square feet, except such limitation shall not apply to agricultural buildings.
(4)
Mix of nonresidential and residential uses. In the RH and H Districts, up to one nonresidential establishment and one dwelling unit are permitted on the same lot. These combined uses on the same lot shall be either attached or in a detached building in existence as of the effective date of this chapter. For the purpose of this subsection, newly constructed detached structures for mixed commercial use are not permitted. Combined uses on one lot are subject to Health Department approval and shall provide off-street parking for both uses in conformance with § 250-63, Off-street parking.
(5)
Hours of operation. Hours of operation for commercial uses are limited to between 6:00 a.m. and 10:00 p.m., except agriculture, medical facilities, hotels, motels or theaters.
(6)
Protection of existing development. For actions requiring site plan review (not required for single-family dwellings), the Planning Board shall consider at least the following factors and may suggest alternatives in the following areas:
(a)
Visual compatibility with surrounding buildings, including proportions of the front facade, proportion and arrangement of windows and other openings within the facade, roof shape, color and rhythm of spacing of buildings on the street.
(b)
Comparable treatment of the sides and rear of all buildings in amenity and appearance to that given the front facades of these same buildings.
(c)
Building materials and site accessories and their relation to similar features of other nearby properties in the district.
(d)
The hamlet objectives to extend and link pedestrian accessways, encourage accessible areas that can accommodate public activities, and to enhance the pedestrian environment through coordinated landscaping, lighting, signs, street furniture and design.
§ 250-12 Clustered Residential (CR1) District regulations.
A.
Purpose. The Town of Clinton Master Plan recommends requiring clustered development in the CR1 District to preserve open space and agricultural land, allow better site plans in relation to the interspersed natural constraints, and limit road and other infrastructure costs that contribute to escalating housing prices. Clustered subdivisions also preserve the long-term option of connecting the Clinton Corners area to a central sewer system on Wappinger Creek. For additional general purposes, criteria and guidelines, see § 250-42, Cluster development, residential.
B.
Standards.
(1)
All subdivisions and development in the CR1 District shall be clustered in accordance with a development plan for the entire property, subject to the provisions of § 281 of the Town Law of the Consolidated Laws of New York and § 250-42 of this chapter.
(a)
The Planning Board may waive this requirement under one or more of the following conditions:
[1]
The existing property is less than five acres.
[2]
It can be documented that soils or other natural conditions prohibit development in a clustered arrangement.
[3]
Based on the goals and policies in the Town Master Plan and the purposes set forth in § 250-42 of this chapter, the Planning Board determines that clustering is inappropriate on a given site.
(b)
The Planning Board shall fully document the reasons for the granting of a waiver from the cluster requirement.
(2)
Partial subdivision of a parcel is permitted to accommodate landowners who do not wish to subdivide their entire property. However, in the CR1 District, unless the cluster requirement is waived by the Planning Board, all subdivisions that do not develop the maximum allowable number of lots or dwelling units on a given parcel shall be created in accordance with an overall cluster plan for the development of the entire parcel and the requirements of § 250-42, Cluster development, residential.
§ 250-13 Medium Density Residential (MR1) District regulations.
A.
Purpose. It is the purpose of this section to allow a variety of residential uses in the MR1 District, while protecting the safety and capacity of the state highway and the Crum Elbow Creek stream corridor. Uses that could evolve into a strip commercial character are prohibited.
B.
Location. The additional requirements of this section apply to the Medium Density Residential (MR1) District only, as delineated on the Zoning District Map, Town of Clinton, adopted as part of this chapter.
C.
Standards.
(1)
Access. To the extent practical, new structures shall front on new interior roads, and not on the state highway. Driveways entering directly onto the state highway shall be strictly limited to the minimum necessary to service the use.
(2)
Setback buffers. In addition to the minimum yards listed in the District Schedule of Area and Bulk Regulations,[1] a setback buffer area of at least 100 feet in depth from the property line along the state highway containing no structures shall be maintained. For principal uses other than agriculture and one-family or two-family dwellings, the buffer area shall be planted and bermed or fenced to completely screen in all seasons the use from the state highway.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
(3)
Stream protection. A stream protection buffer at least 100 feet from the mean high water mark of the Crum Elbow Creek shall be maintained for all principal uses other than agriculture and one-family or two-family dwellings. Natural vegetation shall be maintained to prevent erosion and campsites, mobile home sites, or structures shall be prohibited in such buffer area.
(4)
All permitted uses in the MR1 District shall comply with all other provisions of this chapter and all other ordinances and local laws of the Town of Clinton.
§ 250-14 Office-Light Industry (I) District regulations.
A.
Purpose. It is the purpose of this section to encourage the development of well-designed office and light industrial uses where such uses are appropriate. The physical design, siting and layout of office and light industrial uses are considered to be essential to ensuring a coherent pattern and appropriate mix of land uses, thereby preserving property values and maintaining the visual and aesthetic environment. Further, properly planned office and light industrial uses will provide area residents with employment opportunities and contribute to the economic vitality of the Town.
B.
Location. The additional requirements of this section apply to the Office-Light Industry (I) District only, as delineated on the Zoning District Map, Town of Clinton, adopted as part of this chapter.
C.
Standards.
(1)
Density. No lot upon which a permitted building or buildings are to be constructed shall be smaller than three acres. However, where a lot in an industrial district meets minimum frontage requirements and that district frontage has direct access on an existing state or county roadway, the minimum acreage required shall be one acre.
(2)
Multiple uses. Notwithstanding § 250-17A, multiple uses shall be allowed on a lot within the I District. Only those uses specified in the Schedule of Use Regulations[1] shall be permitted. Only one use per accessory building shall be permitted.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
(3)
Setbacks. The setback requirements for buildings shall be as specified in the District Schedule of Area and Bulk Regulations,[2] with the exception that where an industrial lot abuts a residential lot or district, a minimum two-hundred-foot setback for all permitted uses and associated activities from a residential lot or district shall be required. A landscaped buffer in compliance with § 250-61, Landscaping, shall be provided within any required two-hundred-foot setback.
[2]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
(4)
All uses in the I District shall comply with the provisions of this chapter, including, but not limited to:
(a)
Section 250-28, General performance standards.
(b)
Section 250-61, Landscaping.
(c)
Section 250-63, Off-street parking and loading.
(d)
Section 250-70, Signs.
(5)
Shared access. In order to reduce the number of access points onto roadways carrying through traffic and thereby improve traffic flow and reduce the risk of accidents, the use of shared accessways and driveways in the I District is permitted, provided that the accessways are built to Town standards. Where two or more lots abut and where the uses or proposed uses of those lots are complementary, all efforts shall be made to provide for common driveways or accessways. Any necessary easement, deed restriction, or other form of legal access guarantee acceptable to the Town's attorney shall be provided to the Planning Board at the time of final approval. Where no use for an adjoining lot currently exists, but where a lot's future use can be reasonably anticipated, the Planning Board may require that an applicant reserve a right-of-way or easement which would ensure the future interconnection of the two lots by means of an accessway or driveway.
§ 250-15 Ridgeline, Scenic and Historical Protection Overlay District regulations.
[Added 3-18-2000 by L.L. No. 1-2000]
A.
Purpose.
(1)
It is the purpose of the overlay district to protect the aesthetic, scenic and ecological character and nature of higher elevation areas and designated scenic and historic areas. The purpose of the overlay areas is not to regulate the use of land for agriculture or single-family residential development.
(2)
These overlay areas provide standards for regulating the number, height, design, placement and impacts of structures (1) on lands which are 500 feet or more above sea level, and (2) in designated scenic and historic areas, in order to minimize structural intrusions upon the visual landscape, preserve ecological integrity and maintain the rural character of the Town.
(3)
These standards shall be applied in addition to all other provisions of this chapter.
B.
Location. The Ridgeline, Scenic and Historic Protection Overlay District is comprised of:
(1)
Lands which are 500 or more feet above mean sea level. These lands are shown on an overlay to the Town of Clinton Zoning Map.
(2)
Lands which are within 3,000 feet of the paved surface of the Taconic State Parkway. Lands within the three-thousand-foot corridor are shown on an overlay to the Town of Clinton Zoning Map.
(3)
Clinton's hamlets, which are included on the Town Zoning District Map.
(4)
Clinton's seven Critical Environmental Areas.
C.
Applicability. Regulations contained in this section apply to all commercial uses in the overlay district and to those residential uses which, according to Article III of this chapter, require a special use permit and site plan. Single-family residences and agricultural uses are excluded. In addition, these regulations do not apply to noncommercial or governmental communications facilities installed for personal wireless communication or emergency service. These facilities are governed by § 250-43, Noncommercial communications antennas or towers.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D.
General provisions.
(1)
SEQRA. Any proposed new construction or development within the Protection Overlay District which requires a variance from the regulations in this section is considered a Type I action under SEQRA.
(2)
Applications. Application for development within this area requires a special use permit, as outlined in Subsection F, Application procedures for special use permits for development in Ridgeline, Scenic and Historic Protection District, which supplements the procedures and requirements of § 250-97, Special use permits.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E.
Standards. In considering its decision concerning any project development plan application, the Planning Board shall consider the standards detailed in all other sections of this chapter as well as the following:
(1)
Height.
(a)
The total height of any structure or accessory elements attached to any structure shall be measured from the natural ground level to the top of the structure or the top of uppermost accessory affixed to the structure, whichever is higher.
(b)
The total height of proposed structures shall not extend more than 35 feet above ground level in cleared areas without at least 20 trees within 100 feet of the proposed site.
(c)
If there are at least 20 trees within 100 feet surrounding the proposed location, the total height of the proposed structure shall be limited to 25 feet above the average tree canopy, or 100 feet, whichever is lower.
(d)
Structures shall comply with other height provisions of this chapter if they are more restrictive.
(2)
Design. As stipulated in § 250-96 of this chapter, Planning Board approval shall be required for the design of two-family and multifamily residential buildings and nonresidential structures to ensure that they will be compatible with other buildings and the natural environment in Overlay Protection Areas. As stipulated in § 250-44 of this chapter, the Planning Board may require camouflage of commercial communications facilities in Overlay Protection Areas.
(3)
Lighting. The location, height, design, arrangement and intensity of outside lighting shall minimize glare and shall be directed and shaded such that light shall not be directed off-site, and shall meet all other requirements of § 250-96 of this chapter. Commercial communications facilities shall also comply with the lighting requirements of § 250-44 of this chapter.
(4)
Clearing. In the Ridgeline Protection Overlay Area the maximum area permitted to be clear cut shall be no more than 75 feet in extent from the outer edge of the primary structure's footprint. During construction and installation of facilities and structures, only the minimum amount of existing vegetation shall be cleared. The location of any sewage disposal system footprint which is needed to support the primary structure shall be exempt from the clearing requirement.
(5)
Buffer strip. In the Ridgeline Protection Overlay Area, a buffer strip is required to minimize, to the maximum extent possible, any visual impacts of the proposed freestanding facilities. In the Scenic and Historic Overlay Areas, the Planning Board may require a buffer if the Board judges it to be necessary to protect the character of the area.
(a)
The buffer shall be a minimum of 25 feet wide, and shall begin at the outer edge of the cleared area which surrounds the primary structure. The buffer strip shall contain, or be planted with, vegetation of sufficient height and density as determined by the Planning Board.
(b)
The buffer strip shall be free of any man-made structures, excluding fences and an access driveway.
(c)
For commercial communications facilities, the requirements of § 250-44 of this chapter shall apply.
(6)
Setbacks. The proposed yard setbacks from the property line must be no less than two times the height of the proposed structure or the setback requirements in other zoning regulations, whichever are greater.
(7)
Signs. In addition to other regulations of this chapter pertaining to signs, no signs are permitted which will by visible above the existing tree canopy.
F.
Application procedures for special use permits for development in Ridgeline, Scenic or Historic Protection Districts. When applying for a special use permit, the applicant shall follow all procedures and submit all forms, plans, documentation and fees required by this or any other section of this chapter. In addition to requirements of other sections of this chapter, an applicant shall provide the following:[3]
(1)
A SEQRA full environmental assessment form (Parts I, II, III) and such other SEQRA forms as required by the Planning Board.
(2)
A site plan, as described in § 250-96 of this chapter.
(3)
A visual analysis, the methodology of which is to be approved by the Planning Board prior to the commencement of this analysis. This may include drawings of the proposed structure(s) overlaid on photographs of the site from various distances and perspectives.
(4)
Identification and reclamation plans of proposed landscaping and buffer screening areas.
(5)
Additional information as requested by the Planning Board and/or Zoning Administrator.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G.
Alterations. All modifications to a structure or construction of additional structures which require a building permit shall require that the applicant submit a new special use permit application to the Planning Board. Exceptions which conform to Subsection G(1) and (2) below shall not require a new special use permit but shall require a building permit:[4]
(1)
Increasing the originally approved size of any structure's building footprint by no more than 250 square feet; and/or
(2)
Increasing the originally approved height of the structure no more than 10 feet, so long as the total maximum height restriction is not exceeded.[5]
[5]
Editor's Note: Former Subsection H, Violations, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 250-102.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).