No structure shall be erected, moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, unless it is in conformity to the District Schedule of Area and Bulk Regulations, except as hereinafter provided.

No yard or lot existing at the time of the passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards and lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, with such lots established in accordance with the requirements of Chapter 206, Subdivision of Land.

Lot for every principal building. Every building hereafter erected shall be located on a lot as herein defined, and there shall be not more than one principal building on one lot, except for agricultural operations, multifamily developments, community facilities and except as specifically permitted elsewhere in 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 the height of the taller of said buildings.

Subdivision of a lot. Where a lot is hereafter formed from the part of a lot already occupied by a building, such separation shall be effected in such a manner that each lot thus created conforms to all of the requirements of this chapter and Chapter 206, Subdivision of Land.

Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this article to a particular lot because of the peculiar or irregular shape of the lot, the Planning Board shall determine how the District Schedule of Area and Bulk Regulations shall be applied.

Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Article VIII 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:

Any lands that may be described separately, but are part of a single deed or which have not been duly approved as separate building lots by the Planning Board and filed as separate lots in the office of the Dutchess County Clerk, whether or not they are separate lots for property tax purposes, require subdivision under the provisions of this chapter.

In all districts where residences are permitted, a lot may only be improved for residential use in accordance with the minimum lot area and related bulk regulations for the district as set forth in the District Schedule of Area and Bulk Regulations,[1] except as provided in § 250-18 above regarding existing lots of record, or as provided in § 250-42 of this chapter regarding residential cluster development in accordance with Chapter 206, Subdivision of Land, and § 281 of the Town Law. If two or more principal residential structures or if a single structure containing two or more dwelling units is located or proposed to be located on the same lot, except for residential conversion authorized under this chapter by special use permit, the minimum lot area per dwelling unit requirement must be complied with, and all other requirements of the law and other applicable laws, rules and regulations must be strictly met. Further, a residential lot of required or greater than required area as set forth in this chapter shall not be reduced in area for transfer of ownership if such lot so divided will form any lot which shall be less than the minimum lot area required in that district or for the existing use.

In all districts, except Hamlet or Residential Hamlet Districts, the minimum acreage required for each principal use other than for a dwelling unit shall be the same as the minimum acreage for a single dwelling unit in that district, as set forth in the District Schedule of Area and Bulk Regulations, except as otherwise provided in Articles III, IV and V for that principal use. In H and RH Districts, the provisions of § 250-11C(4) apply.

In consideration of minimum lot area, the following restrictions apply:

Flagpoles, radio or television antennas, transmission towers or cables, agricultural barns and silos, and similar features, any of which shall be restricted to a maximum height of 80 feet above average finished grade at its base, except as otherwise provided in § 250-44.

Spires, belfries, chimneys, skylights, water or cooling towers, parapets or railings, elevators, stair bulkheads, air-conditioning units or similar structures which in their aggregate coverage occupy no more than 10% of the roof area of the building of 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, not to extend more than 20 feet above the roof or 20 feet above the maximum height allowed in the district, whichever is less restrictive. No structure listed in this section shall be used as a place for habitation or for advertising not otherwise authorized by this chapter.

For each foot a building or structure exceeds the maximum height specified in the District Schedule of Area and Bulk Regulations, it shall be offset from the property lines one foot in addition to the applicable yard requirements.

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. However, the above notwithstanding, no lot shall be interpreted to have more than two front yards regardless of how such lot is located or configured. The owner, in consultation with the Zoning Administrator, shall establish which of the remaining yards shall be the required side yard and the required rear yard.

On a corner lot, no fence, wall, hedge or other structure or planting, more than three feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are 30 feet distant from the point of intersection, measured along said right-of-way lines. The height of three feet shall be measured above the road surface at the nearest edge of the road traveled. This subsection shall not apply to existing or planting of trees, provided that no branches are closer than six feet to the ground, and that proper visibility is provided.

Accessory structures, as defined in this chapter, may not be located in any yard of a residential lot except as permitted in § 250-23, Measurement and use of yards, and are subject to the following limitations. In no event shall these limitations apply to ground-mounted solar energy systems or to ground-mounted wind energy systems, which shall be governed by § 250-49.1.

Addition of one accessory structure without permit.

The front yard setback is measured from the nearest point on the center line of the road or right-of-way. Where the width of the right-of-way is greater than 60 feet, the front yard is measured from the nearest edge of the right-of-way.

No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building.

Minimum yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs, except as otherwise specifically permitted herein.

Minimum yards may not be encroached upon for construction, except:

Rear lots are allowed in any district. Such lots may be approved only where they will not endanger public health and safety and will advance the purposes of this chapter, including the preservation of natural and scenic resources.

Rear lots are subject to the following additional conditions: