Clinton Town Dutchess County
City Zoning Code
City Zoning Code
ARTICLE IV
Area and Bulk Regulations
§ 250-16 District Schedule of Area and Bulk Regulations.
The general area and bulk regulations in each zoning district are set forth in the attached District Schedule of Area and Bulk Regulations.[1] This schedule is supplemented, as appropriate, by other provisions of this chapter, including the supplementary regulations stated in Article V.
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.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
§ 250-17 General regulations.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as provided by the following general regulations:
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.
§ 250-18 Existing lots of record.
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:
Such lot may not be used for more than one dwelling unit and its associated accessory structures.
Such use shall satisfy all applicable requirements of the Town of Clinton and the New York State Departments of Health and Environmental Conservation for potable water supply and sewage disposal facilities.
All other area and bulk regulations for that district shall be met.
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.
§ 250-19 Minimum lot area per dwelling unit or establishment.
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.
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
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:
Individual septic tanks shall be permitted on existing lots of record of not less than 20,000 square feet in area.
All septic tank installations or sewage disposal systems shall otherwise conform to the requirements of the Dutchess County Department of Health.
No such septic tank shall be permitted in low, swampy areas with a high water table (permanent, fluctuating, or seasonal), areas with ledge rock, or areas that are subject to flooding.
The installation of a septic system utilizing pumping shall be permitted where approved by the Department of Health.
The pumping of cesspools and septic tanks shall be permitted; however, the disposal of the contents thereof shall not be permitted within the Town of Clinton, except as approved by the Town Board.
§ 250-20 Height exceptions.
The height limitations set forth in the District Schedule of Area and Bulk Regulations[1] shall apply to all buildings and structures, but shall not be applicable to the following:
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.
[Amended 3-28-2000 by L.L. No. 1-2000; 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015]
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.
[Amended 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015]
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.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included as an attachment to this chapter.
§ 250-21 Corner lots.
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.
§ 250-22 Accessory structures.
[Amended 11-10-2015 by L.L. No. 4-2015, effective 11-20-2015]
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.
No such structure shall exceed 25 feet in height in any residential district, except agricultural buildings.
All structures in the aggregate shall not exceed the maximum building coverage as set forth in the Schedule of Area and Bulk Regulations,[1] except for agricultural buildings.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
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 district, whichever shall be less restrictive.
Not more than three such accessory structures, other than permitted signs or agricultural buildings on a farm as defined herein, of which no more than one shall be a private garage, shall be permitted on a lot in a residential district, except where lots are held in common ownership in accordance with § 250-42, Cluster development, residential.
If any accessory structure is attached to a principal building or semidetached therefrom, including attachment by means of a breezeway or a roofed passageway, it shall comply in all respects to the area and bulk regulations of this chapter applicable to the principal building. No such accessory structure shall be constructed nearer to the front lot line than is permitted for the principal building or nearer to any side or rear lot line than the distance required in the Schedule of Area and Bulk Regulations, except as specifically provided elsewhere in this chapter.
An accessory structure, other than for agricultural use, shall not be larger than the footprint of the principal building on the lot.
Addition of one accessory structure without permit.
[Added 7-12-2016 by L.L. No. 1-2016, effective 7-29-2016]
One accessory structure with a maximum floor area of 120 square feet may be installed or constructed and utilized without the issuance of a building permit or certificate of occupancy, provided that:
The structure does not have a permanent foundation.
The structure is not served by any utility such as electricity, gas or plumbing.
The structure does not exceed 10 feet in height.
The structure is never used for human habitation.
All other requirements of this chapter related to accessory structures are fully met.
§ 250-23 Measurement and use of yards.
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:
Ordinary building projections, including, but not limited to, bay windows, fireplaces, fire escapes, chimneys, uncovered stairs, landings, balconies and cornices, canopies, eaves, or other architectural features not required for structural support, up to three feet into the required yard;
[Amended 5-11-2010 by L.L. No. 1-2010, effective 5-20-2010]
Exterior stairs, up to eight feet into the required yard, but not closer than five feet to any lot line;
Awnings or movable canopies, up to six feet into the required yard;
Retaining walls, fences, masonry walls, open arbors, trellises;
Unroofed steps, patios or terraces not less than 20 feet from the street or right-of-way line nor less than 10 feet from any side or rear lot line;
Bus passenger shelters, playhouses, toolhouses, garden houses, or similar nonpermanent structures, not to exceed 50 square feet, and located not closer than 10 feet to any lot line or street right-of-way line. Such nonpermanent accessory structures shall not be included in the maximum number permitted by § 250-22, Accessory structures.
§ 250-24 Road frontage requirement.
No lot shall be created, nor any driveway permit issued, nor any building permit issued for any structure, unless the lot upon which such application is made has not less than 40 feet of frontage on and access to a public street or highway, as defined by § 280-a of the Town Law, which street or highway shall have been suitably improved or a bond posted therefor to the satisfaction of the Town Board as provided in said law.
§ 250-25 Rear lots.
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:
The accessway to the rear lot must be not less than 40 feet wide along its entire length, and must be contained entirely within the lot, except where an easement exists through lands owned by a public utility.
At least 75% of the required minimum lot area for a rear lot shall be contained in the area of the rear lot which does not include the area of the minimum accessway to the lot (i.e., 40 feet times the length of the accessway).
No two accessways to rear lots may abut. The Planning Board may waive this requirement and allow no more than two abutting accessways to rear lots, except as allowed in Subsection B(5) below.
A driveway entrance must be a minimum of 80 feet, at its closest point, from another existing or proposed adjacent driveway on the same side of the road, except where two abutting accessways have been allowed by the Planning Board pursuant to Subsection B(3) above, and except as allowed in Subsection B(5) below.
The requirements in Subsection B(3) for nonabutting accessways and the requirements in Subsection B(4) for 80 feet between adjacent driveways shall not apply at the closed end of a cul-de-sac, in which case the Planning Board may approve such accessway locations as it finds will meet the objectives of this chapter.
Any authorized rear lot must have at least the minimum lot width specified for the zoning district at the building line established on the subdivision plat, rather than at the minimum required front setback line, as otherwise required by this chapter. The building line so established must meet the minimum building setback and must be at least 50 feet farther from the point at which the lot achieves the minimum lot width.
In considering the best use of land in a subdivision, the Planning Board may limit the number and location of such rear lots and the length of the accessways, and shall require such other changes in design and layout of the subdivision so that the rear lots will be in keeping with the Town of Clinton Master Plan.
§ 250-26 Land designated as freshwater wetlands or under water.
At least 75% of the required minimum lot area for any lot in any district shall be fulfilled by land which is not within a designated wetland, as regulated by the New York State Department of Environmental Conservation and by land which is not under water. Land completely under water shall not be used in the calculation of the maximum number of dwelling units permitted in a subdivision. All minimum front, side and rear yard requirements must be satisfied by measurement from the flagged wetland boundary or the mean high water mark for surface water, whichever is more restrictive. However, for purposes of this section, land which is covered by a stream less than five feet in average width at mean water level, or land covered by a pond not exceeding 150 square feet in surface area at normal high water level, shall not be considered as being under water.