Hillsdale City Zoning Code
ARTICLE IV
Density and Dimensional Regulations
§ 245-19 Purpose.
The Town of Hillsdale wishes to preserve its open space, provide affordable housing, and develop according to the traditional compact pattern found in its hamlets using flexible regulations for density and lot dimensions. These regulations are illustrated in Appendixes I and II,[1] showing desirable layouts for rural and hamlet development.
[1]
Editor's Note: Appendixes I and II are on file in the office of the Town Clerk.
§ 245-20 Conventional subdivisions.
"Conventional subdivisions" are subdivisions that comply with the minimum lot size requirements for conventional subdivisions as shown in the Dimensional Table in § 245-21, without setting aside land as permanently protected open space. The Town wishes to discourage this type of subdivision on large parcels because of its damaging impact on the Town's rural landscape.
§ 245-21 Lot dimension and setback requirements.
[Amended 6-19-2012 by L.L. No. 2-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It is the policy of the Town of Hillsdale to encourage development that is compatible with the existing character of the Town and that extends traditional patterns of development to presently undeveloped areas adjoining existing settlements. Accordingly, dimensional and setback requirements contained in this chapter shall be applied in light of the siting guidelines described in Appendixes I and II of this chapter.[1] In the Hamlet District, the Planning Board may permit more than one building or use to be located on a single lot. When dimensional and setback requirements conflict with the siting guidelines, the Planning Board may vary such requirements, provided that it issues a written explanation for the reasons for such variation. The following table is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the "Dimensional Table."
Dimensional Table | |||
|---|---|---|---|
Base Districts | |||
RU Conv(1)/FLS(2) | HM(7) Conv(1)/Cluster | HB | |
Minimum lot size (acres) | 3/— | 1/— | 1 |
Minimum front yard setback(3) | |||
Town/county road | 50/40 | 25 | 40 |
State road | 70/60 | 40 | 50 |
Private road | 30/20 | — | — |
Maximum front yard setback(4) | |||
Town/county road | — | 40 | — |
State road | — | 80 | — |
Minimum road frontage(4) | |||
Town/county road | 200/— | 100/40 | 100 |
State road | 300/300 | 200/100 | 400 |
Private road | 100/— | — | — |
Min. dimension of square on a lot(5) | 200/40 | 100/40 | 400 |
Minimum side yard setback | 50/10 | 30/10 | 50 |
Minimum rear yard setback | 100/20 | 20/10 | 100 |
Maximum impermeable surface(6) | 10%/60% | 20%/80% | 85% |
Maximum building height | 35/35 | 35/35 | 35 |
NOTES: | |
|---|---|
ALL DIMENSIONS IN FEET UNLESS OTHERWISE INDICATED | |
1 | Conventional subdivision |
2 | Flexible lot subdivision (see § 245-22) |
3 | Measured from the center line of the road |
4 | For rear lots, see § 245-27H of this chapter |
5 | See definition of "square on a lot" |
6 | Includes all structures and paved surfaces, on a per-lot basis |
7 | Dimensional and setback requirements may be modified by the Planning Board in the HM District, pursuant to this section. |
[1]
Editor's Note: Appendixes I and II are on file in the office of the Town Clerk.
§ 245-22 Flexible lot subdivision in RU District.
The Town wishes to encourage the use of flexible lot subdivision (FLS) as an alternative to conventional subdivision in the RU District. A flexible lot subdivision allows flexibility in lot sizes and lot arrangement, resulting in preservation of at least 80% of the land as open space. See Appendix I for illustrations of flexible lot subdivisions.[1]
A.
Open space land. Preserved open space may be included as a portion of one or more large lots, or may be on a separate open space lot. Such open space may be owned by a homeowners' association, private landowner(s), a nonprofit organization, or the Town or another governmental entity, as provided in § 245-23E, as long as it is protected from development by a conservation easement (§ 245-23C).
C.
Lot size and dimensions. FLS lots need not conform to any specified minimum lot size, except as may be necessary to satisfy the requirements of the County Health Department, the FLS dimensional requirements contained in this § 245-22, and any other applicable requirements of this chapter.
D.
Lot count. The maximum permissible number of FLS lots shall be determined as follows:
(1)
The applicant shall submit a preliminary plat of a conventional subdivision of the property into lots conforming to all dimensional requirements for a conventional subdivision served by public roads.
(2)
The Planning Board shall review the conventional subdivision plan required in Subsection D(1) above and shall determine the number of approvable building lots that could be created, considering the requirements of this chapter, Chapter 202, Subdivision of Land, the requirements of the Columbia County Departments of Health and Public Works, the New York State Departments of Environmental Conservation and Transportation, and the limitations of soils, topography, wetlands, and other environmental features. The number of building lots or dwelling units permitted in the flexible lot subdivision shall not exceed this number of lots.
E.
Lot arrangement and design. Lots shall be arranged in a manner that preserves contiguous open space of conservation value, as shown in Appendix I.
F.
Partial FLS. Many landowners do not wish to subdivide their land at the maximum permitted density, yet they still desire to have flexibility in lot layout. Such landowners may follow the FLS dimensional requirements, provided that they execute a conservation easement that commits to preservation of at least 80% of the parcel as open space and that limits future development of the parcel to the lot count permitted by § 245-22D. The Planning Board may waive submission of the full lot count plat required by § 245-22D where, in the Planning Board's judgment, the number of FLS lots proposed is substantially less than the number of lots that could be subdivided if the parcel were fully developed.
G.
Planning Board's option to require a flexible lot subdivision.
(1)
If, in the Planning Board's judgment, a proposed conventional subdivision would adversely affect land of conservation value as defined in § 245-23A, the Planning Board may require an applicant to submit a flexible lot subdivision plan. The Planning Board shall so notify the applicant as early as possible in the application process and shall indicate which areas of a proposed development site should be maintained as open space in the flexible lot subdivision plan, along with the reasons for protecting such open space.
(2)
The Planning Board shall not have the authority to require submission of a flexible lot subdivision plan if a proposed conventional subdivision plan contains no more than 1/3 of the allowable number of lots determined pursuant to Subsection D. In such a case, the subdivision plat shall contain a notation limiting the total density accordingly. The Planning Board may require this density restriction to be memorialized in a recorded deed restriction enforceable by the Town.
[1]
Editor's Note: Appendix I is on file in the office of the Town Clerk.
§ 245-23 Permanent open space in RU District.
Open space set aside in any subdivision pursuant to § 245-22 or as a condition of any special permit approval (see Article VI) shall be permanently preserved as required by this section. Land set aside as permanent open space may, but need not be, a separate tax parcel. Such land may be included as a portion of one or more large parcels on which dwellings and other structures are permitted, provided that a conservation easement is placed on such land pursuant to § 245-23D of this chapter, and provided that the Planning Board approves such configuration of the open space as part of its subdivision or site plan approval. Land set aside as permanent open space shall not include the private yard area within 100 feet of a dwelling. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation value of such open space land.
A.
Conservation value of open space. The open space protected pursuant to this Article IV must have "conservation value," which may include historic, ecological, agricultural, water resource, scenic or other natural resource value. Land mapped as preservation overlay zones in Article V shall be deemed to be land with conservation value. Examples of lands with conservation value include view corridors along scenic roads, agricultural land, large areas of contiguous mature forest, ridgelines and hillsides visible from public areas, wetlands, water bodies, and stream corridors. High-quality agricultural land, even if suitable for development, shall be considered land of conservation value.
B.
Notations on plat or site plan. Preserved open space land shall be clearly delineated and labeled on the final subdivision plat or site plan as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the open space land is permanently reserved for open space purposes, and shall contain a notation indicating the liber and page of any conservation easements or deed restrictions required to be filed to implement such restrictions.
C.
Permanent preservation by conservation easement.
(1)
A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and be required as a condition of subdivision plat approval. The Planning Board may require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's Office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office. In the case of minor subdivisions and minor projects, a deed restriction enforceable by the Town may be substituted for a conservation easement.
(2)
The conservation easement shall prohibit residential, industrial, or commercial use of open space land (except in connection with agriculture, forestry, and recreation), and shall not be amendable to permit such use. Access roads, driveways, local utility distribution lines, trails, temporary structures for outdoor recreation, and agricultural structures shall be permitted on preserved open space land, provided that they do not impair the conservation value of the land. The conservation easement may allow dwellings to be constructed on portions of parcels that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations of this chapter.
D.
Ownership of open space land.
(1)
Open space land may be owned in common by a homeowners' association (HOA), dedicated to Town, county, or state governments, transferred to a nonprofit organization acceptable to the Planning Board, held in private ownership, or held in such other form of ownership as the Planning Board finds adequate to properly manage the open space land and to protect its conservation value.
(2)
If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:
(a)
The HOA must be set up before the final subdivision plat is approved, and must comply with all applicable provisions of the General Business Law.
(b)
Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.
(c)
The open space restrictions must be in perpetuity.
(d)
The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads.
(e)
Property owners must pay their pro rata share of the costs in Subsection D(2)(d) above, and the assessment levied by the HOA must be able to become a lien on the property.
(f)
The HOA must be able to adjust the assessment to meet changed needs.
(g)
The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
(h)
Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.
E.
Maintenance standards.
(1)
Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to ensure that the open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials.
(2)
If the Town Board finds that the provisions of Subsection E(1) above are being violated such that the condition of the land constitutes a public nuisance, it may, upon 30 days' written notice to the owner, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or, in the case of an HOA, the owners of properties within the development, and shall, if unpaid, become a tax lien on such property or properties.
§ 245-24 Traditional hamlet development in HM District.
The Town encourages its hamlet areas to develop in a manner consistent with the traditional growth patterns of rural hamlets and villages in New York State and New England. Due to soil limitations and the need to protect water resources, such development is difficult without the water and sewer infrastructure necessary to service higher density populations. This section provides options for clustering development both with and without public sewers in order to encourage traditional hamlet development in the HM District.
A.
Clustering without municipal sewers.
(1)
Clustering of units in the HM District is encouraged where proper treatment of septic wastes and adequate water supply can be assured through appropriate technologies and properly designed layouts.
(2)
Such cluster developments may have a maximum of 2.5 dwelling units per acre, provided that at least 20% of the land area to be developed is dedicated as permanent open space in the form of greens, parks, squares, or other open space. Such open space may be dedicated to the Town (if accepted by the Town Board), donated to a qualified nonprofit organization with an adequate endowment for maintenance, or owned and managed by a homeowners' association that meets the requirements set forth in § 245-23D(2). Such open space areas may contain all or a portion of a subsurface septic treatment system for the cluster development.
B.
Clustering with municipal sewers.
[Amended 6-19-2012 by L.L. No. 2-2012]
(1)
Within the portion of the Hamlet District which is also located within the boundaries of the Hillsdale Sewer District No. 1, clustering may occur at a density of five dwelling units per acre, provided that at least 25% of the land area to be developed is dedicated as permanent open space in the form of greens, parks, squares, or other publicly accessible open space. Such open space may be dedicated to the Town (if accepted by the Town Board), donated to a qualified nonprofit organization with an adequate endowment for maintenance, or owned and managed by a homeowners' association that meets the requirements set forth in § 245-23D(2).
(2)
In addition an applicant may add a maximum of two affordable housing units per acre. Such units may be accessory apartments located in residences or accessory buildings, or may be units in multifamily structures. "Affordable housing" is housing that is affordable to a household with a combined income of 80% or less than the county median income and in which the household spends no more than 30% of their household income on housing costs. In the case of rental housing, housing costs include rent and any tenant-paid utilities. In the case of homeownership, housing costs include mortgage principal and interest, taxes, and insurance. The Planning Board may require the applicant to provide guarantees that all affordable housing units will remain affordable through the use of restrictive covenants or similar techniques. Such affordable housing units may not increase the total residential density to be more than seven units per acre.
D.
Mixed uses in cluster developments. Cluster developments may have a mix of uses, as permitted by the Use Table in Article III.
E.
Limitations on cluster and business uses in the HM District.
(1)
No cluster development shall be permitted within the area bounded on the north by New York State Route 23, on the east by New York State Route 22, on the south by the Copake Town Line, and on the west by Anthony Street.[2]
[2]
Editor's Note: Original Subsection 4.6-5b, which immediately followed this subsection, was repealed 6-19-2012 by L.L. No. 2-2012.
§ 245-25 Multiple and accessory dwellings.
A.
Two-family dwellings.
(1)
Two-family dwellings shall be permitted by right in the RU and HM Districts on lots that are at least twice the minimum lot size in the district.
(2)
On lots created as part of a flexible lot subdivision or hamlet cluster (see §§ 245-22 and 245-24), and on lots that otherwise do not satisfy the requirements of Subsection A(1) above, two-family dwellings may be allowed by special permit granted by the Planning Board or Zoning Board of Appeals. The Planning Board shall have jurisdiction over special permits for any project that includes new structures, and the Zoning Board of Appeals shall have jurisdiction for projects involving only additions to or conversions of existing structures.
B.
Accessory residential structures and accessory apartments. Accessory structures may be used for residential purposes in any zoning district, provided that the following conditions are met:
[Amended 6-19-2012 by L.L. No. 2-2012]
(1)
Any lot may contain accessory residential structures or accessory apartments by right if it has at least three acres per unit in the RU District and one acre per unit in the HM District, provided that there shall be no minimum lot size requirement in those portions of the HM District that are served by municipal sewers, and further provided that:
(a)
In the case of a residential structure, the structure retains the appearance of a single-family dwelling, and no major changes are made to such structure which can be seen from the street or road, except for an addition which is finished in the same materials as the structure to which it is attached. In the case of the conversion of an existing accessory structure in an RU District, the exterior for the accessory structure is unchanged, or if altered, the general appearance and scale are similar to structures devoted to uses permitted as of right in that zone;
(b)
The accessory unit is limited to two bedrooms in RU Districts and in those portions of the HM District that are served by municipal sewers, and one bedroom elsewhere;
(c)
There shall be no more than one existing dwelling unit on a lot at the time of application for an accessory unit; and
(d)
An application for a building permit for a new structure may include both a primary and an accessory unit, so long as the application indicates compliance with all other applicable provisions of this section.
(2)
The Planning Board or Zoning Board of Appeals may grant a special permit allowing accessory dwelling units to be located on a lot which does not comply with Subsection B(1) above, provided that the Board finds that such additional dwelling units otherwise comply with County Health Department regulations and with applicable sections of this chapter. The Board may require, as a condition of such special permit, that such accessory dwelling units may not be later subdivided into separate lots. Such a restriction on future subdivision shall be implemented by means of a recorded conservation easement or deed restriction enforceable by the Town. The Planning Board shall have jurisdiction over special permits for any project that includes new structures, and the Zoning Board of Appeals shall have jurisdiction for projects involving only additions to or conversions of existing structures.
(3)
At the time of subdivision approval, the Planning Board may permit accessory dwelling units on lots which do not comply with Subsection B(1) above, provided that the overall density allowed in the subdivision complies with applicable requirements of this chapter, and that adequate conservation easements and plat notes are to maintain such density limits in the future.
C.
Multifamily dwellings.
(1)
Multifamily dwellings shall require a special permit from the Planning Board.
D.
Structures built before 1995 may be converted to multifamily use at densities higher than would otherwise be allowed, provided that the Zoning Board of Appeals grants a special permit for such conversion.
E.
Multiple residences on a lot. A lot may contain more than one principal residential structure, provided that it has sufficient acreage to comply with the density requirements of the district.
§ 245-26 Lot size and density in HB District.
A.
Nonresidential uses. Lot sizes for nonresidential uses in the HB District shall be established on a case-by-case basis by the Zoning Board of Appeals or the Planning Board as part of subdivision, special permit, and site plan review, provided that no nonresidential use shall be conducted on a lot of less than one acre.
B.
Residential uses. The HB District is primarily nonresidential. Since the purpose of the HB District is to accommodate high-traffic commercial uses that are generally incompatible with residential use, residential development in this district is discouraged. Residential uses existing as of January 1, 1995, may continue at their current densities and may be expanded by right by a maximum of 25% of existing square footage, with no additional residential units permitted. Residential uses which are ancillary to permitted HB uses, such as on-site employee housing, shall be permitted by special permit issued by the Zoning Board of Appeals, up to a maximum density of one unit per acre.
§ 245-27 Supplementary dimensional regulations.
A.
Corner lots and through lots. Wherever a side or rear yard is adjacent to a street, the front yard setback shall apply to such side or rear yard.
B.
Projections into required yards.
(2)
Porch or carport. An open or enclosed carport shall be considered a part of the building in the determination of the size of the required yard. An open or screened porch may project 10 feet into a required front yard.
(3)
Driveways shall be set back at least 20 feet from side lot lines, except that:
C.
Height exceptions.
(1)
District building height regulations shall not apply to any flagpole, radio or television antenna, spire or cupola, chimney, elevator or stair bulkhead, parapet, or railing, water tank, or any similar structure, provided that such structure is firmly attached to the roof or side of a building and covers no more than 10% of the roof area of the building.
(2)
Notwithstanding the foregoing, barns, silos, solar energy systems, and windmills may exceed the height limitations of this chapter, provided that they comply with applicable sections of the supplementary regulations,[1] and provided that for every one foot by which such structures exceed the height of 35 feet, the minimum yard requirements are increased by one foot, up to a maximum of 100 feet.
D.
Side yards for semidetached and attached dwellings. Side yards for semidetached and attached dwellings shall be required at each end of the entire structure only.
E.
Setbacks for accessory structures and uses. When an accessory structure is attached to the principal building, all the yard requirements of this chapter applicable to the principal building shall be met; accessory structures or uses, such as swimming pools and tennis courts, which are not attached to a principal building may be erected in accordance with the following requirements:
(1)
An accessory structure not exceeding 30 feet and/or two stories in height may occupy not more than 10% of a required rear yard.
(2)
No accessory structure or use shall be located within 10 feet of side or rear lot lines.
(3)
No accessory structure or use shall be located closer to the street than the front yard setback required for a principal building in the district in which the accessory structure is located. Where a front yard is more than twice the minimum required, any swimming pool, tennis court, or other accessory structure or use with a footprint greater than 600 square feet shall be set back at least twice the minimum front setback requirement.
(4)
For corner lots, the setback from all streets shall be the same for accessory structures as for principal buildings.
(5)
No truck over one-ton capacity, boat weighing over 500 pounds, travel trailer, or motor home shall be stored on any residential lot except in the rear yard, in compliance with applicable side and rear yard setbacks for principal buildings.
F.
Fences and walls.
(1)
The setback requirements of this chapter shall not apply to necessary retaining walls, fences, or walls less than six feet high in any side or rear yard, except where corner clearances are required for traffic safety. In any HB or VM District, there shall be no height restriction on side or rear yard fences or walls, except on an HM District boundary line where such fences or walls shall be limited to eight feet in height and except where corner clearances are required.
(2)
The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire or board fencing which does not obstruct visibility may be higher.
(3)
Exceptions to the height limits in Subsection F(1) and (2) above may be granted by special permit from the Zoning Board of Appeals in the case of a preexisting nonconforming building which violates the front setback requirements, resulting in excessive noise, dust, or light from the road and the need for protection by a fence or wall higher than otherwise permitted.
G.
Corner clearance/visibility at intersections. In order to provide visibility for traffic safety, that portion of any corner lot (whether at an intersection entirely within the subdivision or of a new street with an existing street) which is shown shaded in Sketch A shall be cleared of all growth (except isolated trees) and obstructions above the level three feet higher than the center line of the street. If directed by the Planning Board, ground shall be excavated to achieve visibility.
SKETCH A  |
H.
Rear lots. It is the policy of the Town of Hillsdale to encourage maximum flexibility for development which is screened from public view. Accordingly, it is desirable to locate residences on rear lots without requiring compliance with otherwise applicable road frontage or maximum front setback requirements. The RU District is hereby declared an "Open Development Area" under § 280-a(4) of the Town Law. Building permits may be issued for structures on lots that have no public or private road frontage and gain access by right-of-way easement over other lands, under the conditions contained in this section. Notwithstanding the provisions of § 245-21, rear lots with or without accessways running to public or platted private roads may be created where they will not endanger public health and safety, and will advance the purposes in § 245-3 of this chapter, including, in particular, the preservation of natural, historic, and scenic resources. The following requirements apply to rear lots:
(1)
In the RU District, each rear lot must have either a minimum frontage of 25 feet on an improved public or private road and an accessway as defined in this chapter, or a deeded right-of-way easement over other lands, providing legally adequate and physically practical access to a public or private road. In the HM District, rear lots must have a minimum road frontage of 15 feet.
(2)
Except for Subsection H(1) above, rear lots must meet all other requirements for a lot in the applicable zoning district.
(3)
No more than four accessways to rear lots may abut, and abutting accessways must share one private drive over the accessways. If more than four lots are to be served by a proposed private drive, the private road requirements of the subdivision regulations[3] shall be satisfied.
(4)
The accessway or right-of-way must provide safe access for fire, police, and emergency vehicles.
(5)
The proposed rear lots must not result in damage to important natural resource and landscape features identified in the Master Plan and this chapter, including but not limited to wetlands, agricultural land, scenic views, steep slopes, and ridgelines.