Hyde Park City Zoning Code

§ 108-4.3

Use regulations.

Unless otherwise specified, the following uses are subject to appeal to the Zoning Board of Appeals for area or use variances as appropriate.

Permitted uses. The use of any building, structure, or land shall comply with the density and scale, where applicable, limits as set forth in the Schedule of Bulk Regulations (§ 108-5.15). Permitted uses for each district are set forth in Article 5.

[Amended 8-24-2009 by L.L. No. 2-2009]

Scale. Scale limits the gross square feet of a proposed use or structure or the proposed expansion of an existing use or structure. Scale limits do not apply to one- and two-family residential use, animal husbandry, or agriculture use. When determining scale, the following rules shall govern:

The square footage of all parking stalls required for the proposed use or structure shall be included, but the remaining area of the parking lot shall not be included.

Land occupied and maintained for the primary purpose of raising crops or plants (including greenhouses), grazing animals, horticulture, forestry, open space, landscape planting or similar managed care of the natural environment shall not be included in the calculation of the gross square foot limits in the Schedule of Bulk Regulations (§ 108-5.15).

Any requirements of this chapter expressed, as a percentage of the lot, shall utilize the total area of such lot in establishing said percentage.

Scale of signs shall include only that area of the ground occupied by the structure of such sign. Sign area shall be regulated under Article 24 of this chapter.

Density. Density limits the number of dwelling units that may be developed per acre on any lot. The minimum floor area for any dwelling unit is established under § 108-4.4B(2) of this chapter.

Adaptive reuse increase. The adaptive reuse of an existing building that will preserve and enhance the architectural or historic integrity of the building and the district in which it is located shall be entitled to an increase of 50% in density and scale, where applicable. The Planning Board shall make such determination based on reference to the architectural, scenic and historic character of the district as set forth in the Comprehensive Plan and on objective evaluation of the project and the current architectural, scenic and historic resources in the district. Such determination is not considered a use variance or area variance and is not subject to appeal to the Zoning Board of Appeals.

Accessory uses. The following provisions shall apply in all districts:

[Amended 8-24-2009 by L.L. No. 2-2009]

Accessory apartments are regulated under § 108-8.4.

Storage accessory to any other use shall be fully enclosed within a building or structure, with the following exceptions:

The maximum number of dedicated off-street parking spaces that may be developed unenclosed without site plan approval shall be four parking spaces per residential lot.

Storage accessory to a nonresidential use may be uncovered, provided that the storage of any materials, supplies or products shall be screened from any walkway or street and from any property used in whole or in part for residential purposes. Further, it shall be enclosed within a fence, maintained free from debris and vermin, and located behind a building on the rear portion of the lot.

Storage accessory to a light industrial use may be uncovered, provided that the storage of any materials, supplies or products shall be screened from any walkway or street and from any property used in whole or in part for residential purposes, enclosed within a fence, maintained free from debris and vermin, and not located in any required yard.

Storage of solid waste accessory to a permitted use for removal by a contracted service shall be in an area maintained free from debris and vermin and screened from view from any walkway or street.

Storage accessory to any one- or two-family dwelling of materials, equipment and devices used in the maintenance or operation of such dwelling and the property related thereto shall be exempt from the requirements of this section, provided that such storage shall be screened from view from a walkway or street. This exemption shall not be construed to authorize any activity that constitutes a dump as regulated under Chapter 48 or 66 of this Code.

Storage of the following shall be in side and rear yards only and shall comply with setbacks:

Storage of one each of the following trailers shall be permitted on any parcel whose permitted use is residential: a camping trailer; a utility trailer; a boat trailer.

Storage of no more than one unregistered vehicle for which a registration with DMV is required to operate shall be permitted. Such vehicle shall require an unregistered vehicle permit pursuant to Article 30.

Storage of no more than one vehicle for sale shall be permitted. Such vehicle shall require a vehicle for sale permit pursuant to § 108-30.6B(4).

Storage of one vessel shall be permitted.

One shed, as defined in § 108-2.2, may be placed on any lot, provided the location of the shed meets the setback requirements as specified in § 108-5.15.

Enclosures for swimming pools accessory to one- and two-family dwellings and multiple dwellings are regulated under the State Building Code.

Animal husbandry is permitted with site plan approval in all districts with the following limitations and restrictions. Any agricultural activities conducted on properties in Agricultural Districts may be exempt from these restrictions if so provided by Agriculture and Markets Law Article 25-AA, as amended. The following dimensional limitations are subject to appeal to the Zoning Board of Appeals for an area variance:

Animals must not be housed, fed, grazed, or otherwise allowed to occupy lands within 50 feet of wells, watercourses or wetlands.

For all animals other than non-neutered male goats older than 12 months, roosters and all pigs, animal husbandry shall not be conducted within 250 feet of a residence on another lot. For non-neutered male goats older than 12 months, roosters and all pigs, animal husbandry shall not be conducted within 350 feet of a residence on another lot.

The number of animals that may be kept on a property is based on animal units at the rate of one animal unit (1,000 pounds of animal) per 1.5 acres of available land. "Available land" is defined as all land on a lot, excluding the residence, lawn, driveway, garage, other buildings or structures not used for animal husbandry, septic system leach fields or equivalent waste disposal facilities, and all areas within 50 feet of wells, watercourses and wetlands. Animal unit equivalents are published by the Cornell Cooperative Extension. Copies of the most recent publication are available from the Zoning Administrator.

No unenclosed storage of manure or other odor- or dust-producing substances shall be permitted within 250 feet of a residence on another lot, 200 feet from a well or 300 feet from watercourses or wetlands.

No enclosed storage of manure or other odor- or dust-producing substances shall be permitted within 200 feet of a residence on another lot, 200 feet from a well or 50 feet from watercourses or wetlands. Enclosed storage shall include an impermeable floor, sides, and cover that will not allow uncontrolled release of liquid or solid wastes or odors.

Applicants with children less than 19 years of age that are conducting animal husbandry projects under the guidelines of 4-H or a similar organization, shall not be required to pay for an area variance application.

Vehicle, trailer or vessel serving as building. Any stationary vehicle or dockside vessel that is used or occupied for the purpose of providing shelter to persons, animals or property shall be subject to the regulations contained in this chapter applicable to its particular use.

Residential use. Camping trailers and recreational vehicles shall be occupied for residence purposes in trailer camps only. Dockside vessels shall be occupied for residence purposes in a marina only. It shall be unlawful for any person to occupy a camping trailer or recreational vehicle on any lot, other than in a trailer camp, for more than 30 days in any twelve-month period.

Commercial use. Any construction trailer shall be identified in the applicable building permit issued by the Building Inspector and shall be removed from the premises prior to the issuance of a certificate of occupancy. Such trailer may have electric and heating capable of temporary connection to site utilities. Each construction trailer shall be subject to the fee set forth in the current fee schedule adopted by the Town Board, which shall be due and payable at the time that an application for a certificate of occupancy is made.

Temporary storage.

Commercial trailers may be placed on any lot for the purpose of storage accessory to any permitted commercial or nonresidential use, provided that the applicant first obtains site plan approval from the Planning Board and a permit from the Zoning Administrator.

[Amended 8-24-2009 by L.L. No. 2-2009]

Dockside vessels may be used for the purpose of storage accessory to any permitted commercial or nonresidential use, provided that a permit is obtained from the Zoning Administrator.

The permit referred to in Subsection C(3)(a) and (b) above shall be valid for the length of time specified thereon, not to exceed nine months. Such permit shall not be renewable. The fee for such permit shall be as set forth in the current fee schedule adopted by the Town Board.

Prohibited uses. The following uses are deemed to be unsuitable by reason of a demonstrated tendency to degrade the health, safety, and general welfare of the community, to adversely impact the value of buildings and to discourage the more appropriate use of land:

No use which is noxious or offensive by reason of the emission of odors, dust, smoke, gas or noise, or in which flammable or explosive materials are involved (except as may be incidental to a permitted use) shall be permitted on any lot in any district.

Dwelling unit location. The following vehicles, structures and spaces shall not be occupied for residence purposes on any lot in any district:

Tents. It shall be unlawful for any person or persons to occupy a tent as a dwelling unit or for any cooking or sanitary purpose.

Trailers. It shall be unlawful for any person or persons to occupy a trailer as a dwelling unit or for any cooking or sanitary purpose except as permitted in § 108-4.3C(1) of this section.

The following are prohibited on any lot in any district:

[Amended 8-24-2009 by L.L. No. 2-2009; 12-22-2014 by L.L. No. 5-2014]

Motor vehicles. It shall be unlawful for any person to store any derelict automobile unenclosed, other than in a scrap yard.

Parking or storage of commercial motor vehicles. It shall be unlawful for any person or entity to park or store unenclosed a commercial motor vehicle on any lot. This prohibition shall not, however, apply to the following:

Commercial motor vehicles parked or stored on a lot used in conjunction with a commercial business or other use lawfully conducted on that lot pursuant to site plan and/or other approval granted by the Town of Hyde Park Planning Board and pursuant to a certificate of occupancy issued by the Zoning Administrator or Building Inspector.

A single commercial motor vehicle parked or stored on a lot lawfully improved and used for residential purposes, provided that: (i) the commercial motor vehicle is registered in the name, or regularly operated for business purposes by, the owner or tenant of the lot; (ii) the commercial motor vehicle does not exceed 25 feet in length or a gross vehicle weight rating of 10,000 pounds; and (iii) the commercial motor vehicle is parked or stored in a driveway, designated parking area or in an enclosed garage or other similar structure. This provision shall not, however, be deemed to authorize any commercial use of a residential property that has not received the required approvals for the conduct of the same by the Planning Board.

These prohibitions, however, shall not apply to:

A commercial motor vehicle parked on a lot while providing service to that lot;

A commercial motor vehicle parked on a lot for purposes of delivering goods, material and/or services to that lot;

Municipal, federal, fire, medical emergency vehicles and other public service equipment and vehicles responding to a call at, or servicing, said lot.

Petroleum. It shall be unlawful for any person to install or replace an underground storage tank for storage of petroleum products that are liquid at normal atmospheric conditions if such tank is not subject to regulation by the NYSDEC.

Amateur radio facilities. Nothing herein shall be construed to apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of an antenna structure by any person licensed by the Federal Communications Commission to operate an amateur radio station.

Roadside stands. A roadside stand may be placed on any parcel in any district in which it is a permitted use, provided that a permit is first obtained from the Zoning Administrator as provided in Article 30 of this chapter, and provided further that the roadside stand will not have an adverse impact on vehicular or pedestrian safety, traffic, neighboring property values, or the health, safety, welfare or orderly development of the Town. The permit shall be valid for the length of time specified thereon, not to exceed nine months in any one year.

Environmental standards. Any physical improvement required for the development of a particular use shall comply with the requirements and standards for each of the following components of the environment, as applicable:

Wetlands are regulated under Chapter 63 of the Code of the Town and 6 NYCRR Part 665. In addition:

No use shall be permitted in state-designated wetlands or any land within 100 feet of the boundaries thereof, unless such use is permitted by the DEC.

Any use granted a permit by the DEC under the provisions of 6 NYCRR Part 665 shall be permitted subject to the terms and conditions of such permit.

Streams. Any use or construction near a stream shall be subject to the following restrictions:

[Amended 8-24-2009 by L.L. No. 2-2009]

No use or construction of any physical improvement shall be permitted within the stream corridor, unless such use or construction:

Is specifically permitted otherwise in this chapter (such as in a landing under § 108-5.8); or

Has received a permit from NYSDEC pursuant to Article 15 of the Environmental Conservation Law and has received a permit from the Planning Board pursuant to Chapter 107, Water Resources Protection, of this Code; or

Is allowed by virtue of being exempt from the permit requirements of Article 15 of the Environmental Conservation Law and Chapter 107, Water Resources Protection, of this Code.

Where no NYSDEC or Planning Board permit is required, the Planning Board shall nonetheless require in site plan or special permit approval, where applicable, that no increase in the sediment load of any such stream shall result from the construction of a physical improvement or the subject use.

To the extent consistent with the uses and construction permitted or allowed by the foregoing Subsection G(2)(a) and (b), stream corridors shall remain in a natural, undisturbed state and shall be utilized to provide linear open space corridors that interconnect the various community forms with the Waterfront and Greenbelt Districts.

Flood hazard. Any use in an area of special flood hazard shall comply with the requirements of Chapter 60, Flood Damage Prevention, of this Code.

Significant natural areas. The segmentation of any significant natural wildlife habitat shall be avoided. No use involving the construction of any physical improvement shall be permitted within 100 feet of the boundaries of the following areas as identified on the Town Zoning Map:[1]

Roosevelt Cove and Wetlands.

Vandenburgh Cove.

Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

Agricultural District 20. Any application for a special use permit, site plan approval, use variance, subdivision, or PUD that would occur on property within Agriculture District 20 containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in such district, shall include an agriculture data statement. Such agriculture data statement shall add the following information to that required by Article 30 for the particular application or appeal:

The name and address of any owner of land within such district, which land contains farm operations and is located within 500 feet of the boundary of the lot upon which any project is proposed;

A Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in such statement.

Liquids and solid waste.

The discharge of any liquid waste shall be permitted only in accordance with all applicable standards, laws and regulations of the Dutchess County Department of Health, DEC or any other regulatory agency having jurisdiction.

Facilities for the disposal of solid waste shall be in strict accordance with the requirements of Chapters 48, 66 and 67 of this Code.

Hyde Park City Zoning Code

§ 108-4.3

Use regulations.

Unless otherwise specified, the following uses are subject to appeal to the Zoning Board of Appeals for area or use variances as appropriate.

Permitted uses. The use of any building, structure, or land shall comply with the density and scale, where applicable, limits as set forth in the Schedule of Bulk Regulations (§ 108-5.15). Permitted uses for each district are set forth in Article 5.

[Amended 8-24-2009 by L.L. No. 2-2009]

Scale. Scale limits the gross square feet of a proposed use or structure or the proposed expansion of an existing use or structure. Scale limits do not apply to one- and two-family residential use, animal husbandry, or agriculture use. When determining scale, the following rules shall govern:

The square footage of all parking stalls required for the proposed use or structure shall be included, but the remaining area of the parking lot shall not be included.

Land occupied and maintained for the primary purpose of raising crops or plants (including greenhouses), grazing animals, horticulture, forestry, open space, landscape planting or similar managed care of the natural environment shall not be included in the calculation of the gross square foot limits in the Schedule of Bulk Regulations (§ 108-5.15).

Any requirements of this chapter expressed, as a percentage of the lot, shall utilize the total area of such lot in establishing said percentage.

Scale of signs shall include only that area of the ground occupied by the structure of such sign. Sign area shall be regulated under Article 24 of this chapter.

Density. Density limits the number of dwelling units that may be developed per acre on any lot. The minimum floor area for any dwelling unit is established under § 108-4.4B(2) of this chapter.

Adaptive reuse increase. The adaptive reuse of an existing building that will preserve and enhance the architectural or historic integrity of the building and the district in which it is located shall be entitled to an increase of 50% in density and scale, where applicable. The Planning Board shall make such determination based on reference to the architectural, scenic and historic character of the district as set forth in the Comprehensive Plan and on objective evaluation of the project and the current architectural, scenic and historic resources in the district. Such determination is not considered a use variance or area variance and is not subject to appeal to the Zoning Board of Appeals.

Accessory uses. The following provisions shall apply in all districts:

[Amended 8-24-2009 by L.L. No. 2-2009]

Accessory apartments are regulated under § 108-8.4.

Storage accessory to any other use shall be fully enclosed within a building or structure, with the following exceptions:

The maximum number of dedicated off-street parking spaces that may be developed unenclosed without site plan approval shall be four parking spaces per residential lot.

Storage accessory to a nonresidential use may be uncovered, provided that the storage of any materials, supplies or products shall be screened from any walkway or street and from any property used in whole or in part for residential purposes. Further, it shall be enclosed within a fence, maintained free from debris and vermin, and located behind a building on the rear portion of the lot.

Storage accessory to a light industrial use may be uncovered, provided that the storage of any materials, supplies or products shall be screened from any walkway or street and from any property used in whole or in part for residential purposes, enclosed within a fence, maintained free from debris and vermin, and not located in any required yard.

Storage of solid waste accessory to a permitted use for removal by a contracted service shall be in an area maintained free from debris and vermin and screened from view from any walkway or street.

Storage accessory to any one- or two-family dwelling of materials, equipment and devices used in the maintenance or operation of such dwelling and the property related thereto shall be exempt from the requirements of this section, provided that such storage shall be screened from view from a walkway or street. This exemption shall not be construed to authorize any activity that constitutes a dump as regulated under Chapter 48 or 66 of this Code.

Storage of the following shall be in side and rear yards only and shall comply with setbacks:

Storage of one each of the following trailers shall be permitted on any parcel whose permitted use is residential: a camping trailer; a utility trailer; a boat trailer.

Storage of no more than one unregistered vehicle for which a registration with DMV is required to operate shall be permitted. Such vehicle shall require an unregistered vehicle permit pursuant to Article 30.

Storage of no more than one vehicle for sale shall be permitted. Such vehicle shall require a vehicle for sale permit pursuant to § 108-30.6B(4).

Storage of one vessel shall be permitted.

One shed, as defined in § 108-2.2, may be placed on any lot, provided the location of the shed meets the setback requirements as specified in § 108-5.15.

Enclosures for swimming pools accessory to one- and two-family dwellings and multiple dwellings are regulated under the State Building Code.

Animal husbandry is permitted with site plan approval in all districts with the following limitations and restrictions. Any agricultural activities conducted on properties in Agricultural Districts may be exempt from these restrictions if so provided by Agriculture and Markets Law Article 25-AA, as amended. The following dimensional limitations are subject to appeal to the Zoning Board of Appeals for an area variance:

Animals must not be housed, fed, grazed, or otherwise allowed to occupy lands within 50 feet of wells, watercourses or wetlands.

For all animals other than non-neutered male goats older than 12 months, roosters and all pigs, animal husbandry shall not be conducted within 250 feet of a residence on another lot. For non-neutered male goats older than 12 months, roosters and all pigs, animal husbandry shall not be conducted within 350 feet of a residence on another lot.

The number of animals that may be kept on a property is based on animal units at the rate of one animal unit (1,000 pounds of animal) per 1.5 acres of available land. "Available land" is defined as all land on a lot, excluding the residence, lawn, driveway, garage, other buildings or structures not used for animal husbandry, septic system leach fields or equivalent waste disposal facilities, and all areas within 50 feet of wells, watercourses and wetlands. Animal unit equivalents are published by the Cornell Cooperative Extension. Copies of the most recent publication are available from the Zoning Administrator.

No unenclosed storage of manure or other odor- or dust-producing substances shall be permitted within 250 feet of a residence on another lot, 200 feet from a well or 300 feet from watercourses or wetlands.

No enclosed storage of manure or other odor- or dust-producing substances shall be permitted within 200 feet of a residence on another lot, 200 feet from a well or 50 feet from watercourses or wetlands. Enclosed storage shall include an impermeable floor, sides, and cover that will not allow uncontrolled release of liquid or solid wastes or odors.

Applicants with children less than 19 years of age that are conducting animal husbandry projects under the guidelines of 4-H or a similar organization, shall not be required to pay for an area variance application.

Vehicle, trailer or vessel serving as building. Any stationary vehicle or dockside vessel that is used or occupied for the purpose of providing shelter to persons, animals or property shall be subject to the regulations contained in this chapter applicable to its particular use.

Residential use. Camping trailers and recreational vehicles shall be occupied for residence purposes in trailer camps only. Dockside vessels shall be occupied for residence purposes in a marina only. It shall be unlawful for any person to occupy a camping trailer or recreational vehicle on any lot, other than in a trailer camp, for more than 30 days in any twelve-month period.

Commercial use. Any construction trailer shall be identified in the applicable building permit issued by the Building Inspector and shall be removed from the premises prior to the issuance of a certificate of occupancy. Such trailer may have electric and heating capable of temporary connection to site utilities. Each construction trailer shall be subject to the fee set forth in the current fee schedule adopted by the Town Board, which shall be due and payable at the time that an application for a certificate of occupancy is made.

Temporary storage.

Commercial trailers may be placed on any lot for the purpose of storage accessory to any permitted commercial or nonresidential use, provided that the applicant first obtains site plan approval from the Planning Board and a permit from the Zoning Administrator.

[Amended 8-24-2009 by L.L. No. 2-2009]

Dockside vessels may be used for the purpose of storage accessory to any permitted commercial or nonresidential use, provided that a permit is obtained from the Zoning Administrator.

The permit referred to in Subsection C(3)(a) and (b) above shall be valid for the length of time specified thereon, not to exceed nine months. Such permit shall not be renewable. The fee for such permit shall be as set forth in the current fee schedule adopted by the Town Board.

Prohibited uses. The following uses are deemed to be unsuitable by reason of a demonstrated tendency to degrade the health, safety, and general welfare of the community, to adversely impact the value of buildings and to discourage the more appropriate use of land:

No use which is noxious or offensive by reason of the emission of odors, dust, smoke, gas or noise, or in which flammable or explosive materials are involved (except as may be incidental to a permitted use) shall be permitted on any lot in any district.

Dwelling unit location. The following vehicles, structures and spaces shall not be occupied for residence purposes on any lot in any district:

Tents. It shall be unlawful for any person or persons to occupy a tent as a dwelling unit or for any cooking or sanitary purpose.

Trailers. It shall be unlawful for any person or persons to occupy a trailer as a dwelling unit or for any cooking or sanitary purpose except as permitted in § 108-4.3C(1) of this section.

The following are prohibited on any lot in any district:

[Amended 8-24-2009 by L.L. No. 2-2009; 12-22-2014 by L.L. No. 5-2014]

Motor vehicles. It shall be unlawful for any person to store any derelict automobile unenclosed, other than in a scrap yard.

Parking or storage of commercial motor vehicles. It shall be unlawful for any person or entity to park or store unenclosed a commercial motor vehicle on any lot. This prohibition shall not, however, apply to the following:

Commercial motor vehicles parked or stored on a lot used in conjunction with a commercial business or other use lawfully conducted on that lot pursuant to site plan and/or other approval granted by the Town of Hyde Park Planning Board and pursuant to a certificate of occupancy issued by the Zoning Administrator or Building Inspector.

A single commercial motor vehicle parked or stored on a lot lawfully improved and used for residential purposes, provided that: (i) the commercial motor vehicle is registered in the name, or regularly operated for business purposes by, the owner or tenant of the lot; (ii) the commercial motor vehicle does not exceed 25 feet in length or a gross vehicle weight rating of 10,000 pounds; and (iii) the commercial motor vehicle is parked or stored in a driveway, designated parking area or in an enclosed garage or other similar structure. This provision shall not, however, be deemed to authorize any commercial use of a residential property that has not received the required approvals for the conduct of the same by the Planning Board.

These prohibitions, however, shall not apply to:

A commercial motor vehicle parked on a lot while providing service to that lot;

A commercial motor vehicle parked on a lot for purposes of delivering goods, material and/or services to that lot;

Municipal, federal, fire, medical emergency vehicles and other public service equipment and vehicles responding to a call at, or servicing, said lot.

Petroleum. It shall be unlawful for any person to install or replace an underground storage tank for storage of petroleum products that are liquid at normal atmospheric conditions if such tank is not subject to regulation by the NYSDEC.

Amateur radio facilities. Nothing herein shall be construed to apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of an antenna structure by any person licensed by the Federal Communications Commission to operate an amateur radio station.

Roadside stands. A roadside stand may be placed on any parcel in any district in which it is a permitted use, provided that a permit is first obtained from the Zoning Administrator as provided in Article 30 of this chapter, and provided further that the roadside stand will not have an adverse impact on vehicular or pedestrian safety, traffic, neighboring property values, or the health, safety, welfare or orderly development of the Town. The permit shall be valid for the length of time specified thereon, not to exceed nine months in any one year.

Environmental standards. Any physical improvement required for the development of a particular use shall comply with the requirements and standards for each of the following components of the environment, as applicable:

Wetlands are regulated under Chapter 63 of the Code of the Town and 6 NYCRR Part 665. In addition:

No use shall be permitted in state-designated wetlands or any land within 100 feet of the boundaries thereof, unless such use is permitted by the DEC.

Any use granted a permit by the DEC under the provisions of 6 NYCRR Part 665 shall be permitted subject to the terms and conditions of such permit.

Streams. Any use or construction near a stream shall be subject to the following restrictions:

[Amended 8-24-2009 by L.L. No. 2-2009]

No use or construction of any physical improvement shall be permitted within the stream corridor, unless such use or construction:

Is specifically permitted otherwise in this chapter (such as in a landing under § 108-5.8); or

Has received a permit from NYSDEC pursuant to Article 15 of the Environmental Conservation Law and has received a permit from the Planning Board pursuant to Chapter 107, Water Resources Protection, of this Code; or

Is allowed by virtue of being exempt from the permit requirements of Article 15 of the Environmental Conservation Law and Chapter 107, Water Resources Protection, of this Code.

Where no NYSDEC or Planning Board permit is required, the Planning Board shall nonetheless require in site plan or special permit approval, where applicable, that no increase in the sediment load of any such stream shall result from the construction of a physical improvement or the subject use.

To the extent consistent with the uses and construction permitted or allowed by the foregoing Subsection G(2)(a) and (b), stream corridors shall remain in a natural, undisturbed state and shall be utilized to provide linear open space corridors that interconnect the various community forms with the Waterfront and Greenbelt Districts.

Flood hazard. Any use in an area of special flood hazard shall comply with the requirements of Chapter 60, Flood Damage Prevention, of this Code.

Significant natural areas. The segmentation of any significant natural wildlife habitat shall be avoided. No use involving the construction of any physical improvement shall be permitted within 100 feet of the boundaries of the following areas as identified on the Town Zoning Map:[1]

Roosevelt Cove and Wetlands.

Vandenburgh Cove.

Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

Agricultural District 20. Any application for a special use permit, site plan approval, use variance, subdivision, or PUD that would occur on property within Agriculture District 20 containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in such district, shall include an agriculture data statement. Such agriculture data statement shall add the following information to that required by Article 30 for the particular application or appeal:

The name and address of any owner of land within such district, which land contains farm operations and is located within 500 feet of the boundary of the lot upon which any project is proposed;

A Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in such statement.

Liquids and solid waste.

The discharge of any liquid waste shall be permitted only in accordance with all applicable standards, laws and regulations of the Dutchess County Department of Health, DEC or any other regulatory agency having jurisdiction.

Facilities for the disposal of solid waste shall be in strict accordance with the requirements of Chapters 48, 66 and 67 of this Code.