Building and structure height. No building or structure shall hereafter be erected or altered to exceed in height the limit designated for the district in which it is located, unless it meets the criteria set forth in Subsection I, Height exceptions.

Space and area regulations. No building or structure shall be hereafter erected; nor shall any existing building or structure be altered, enlarged, demolished or moved; nor shall any lot, yard, lot width, open space, loading or parking space required in relation to any building or structure or use be encroached upon or reduced in any manner not in conformity with the lot area, lot coverage, open space and building bulk regulations, yard requirements and other space and area regulations designated herein for the district in which it is located, unless such reduction is granted by the Zoning Board of Appeals in accordance with the procedures set forth in Article VII of this chapter.

Lot of record. The minimum area for each permitted principal use within each zoning district shall be complied with, unless an area variance is granted, except the principal use of a single-family dwelling shall be permitted upon premises consisting of less than the minimum acreage for that specific zoning district, existing as separate and individual lots or parcels of land and recorded as such in the Dutchess County Clerk's office prior to January 13, 1975. However, the bulk regulations, except for the minimum lot size requirement, and provisions of this chapter and other Town regulations shall be complied with by the property owner.

Minimum lot area per principal dwelling unit.

Yard as related to a building or structure. No part of a yard or other open space required appurtenant to any building or use shall be included as part of a yard or other open space requirement for any other building on any other lot.

Use of yards. 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 specific provision is made within this chapter.

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; the above notwithstanding, for the purposes of this chapter, no lot shall be interpreted to have more than two front yards, regardless of how such lot is located or configured. The Zoning Enforcement Officer, in consultation with the owner, shall determine which of the remaining yards shall be the required side yard and the required rear yard for purposes of this chapter.

Frontage and driveways.

Height exceptions. The height limitations set forth in the Schedule of Area and Bulk Regulations[1] shall not be applicable to the following:

Easements. Land subject to easements for drainage facilities, underground public utilities and above-ground electric, telephone or television distribution lines may be counted for compliance with minimum lot area standards set forth in the Schedule of Area and Bulk Regulations of this chapter.[2] However, no part of a street or highway easement or vehicular road/highway access or private right-of-way for vehicles may be counted for such compliance.

Subdivision of lot. Any real property owner who hereinafter plans to subdivide his/her property shall comply with the Town of Milan Subdivision Regulations (see Chapter 177) and applicable sections of this chapter.

Irregularly shaped lots. Where a question exists as to the appropriate application of any of the requirements of this chapter to a particular lot or parcel because of the irregular shape of the lot or parcel of land, the Zoning Board of Appeals, as set forth in Article VII, shall interpret and determine how the requirements of this chapter shall be applied.

Sight distance; obstruction of vision.

Design guidelines. In approving all special use permits, site plans, and subdivisions, the Planning Board and/or Zoning Board of Appeals shall be guided by applicable design guidelines. Until such time as the Town of Milan adopts specific design guidelines, the New York Planning Federation's Community Design Guidelines or the Dutchess County Department of Planning and Development's Greenway Connections may be used as an example of acceptable design guidelines. The intent of the applicable design guidelines is to provide prospective applicants for land development with actual illustrations of the types of development that the Town wishes to achieve. The guidelines are also intended to ensure that future development within the Town creates no more than a minimal impact on the surrounding area, makes conservation planning a central focus of any future development, requires that new development follow traditional settlement patterns within the Town and respects local historic styles, and provides general siting principles to help landowners and the Planning and/or Zoning Boards to plan projects that fit into the rural countryside.

Greenway Connections. By Local Law No. 2 of the year 2004 the Town of Milan has adopted the Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, as a statement of land use policies, principles, and guides to supplement other established land use policies in the Town. In its discretionary actions under the Zoning Code, the reviewing agency should take into consideration said statement of policies, principles, and guides, as appropriate.

Fences, side and back yard. In any zoning district, side yard and back yard fences and side yard and back yard walls shall not exceed eight feet in height. All such fences shall have the finished face of the fence or wall directed toward the abutting property. The property owner on whose land the fence or wall is located shall be responsible for the maintenance of both sides of the same, provided that if the abutting property owner does not provide access for such maintenance, the property owner shall be relieved of the obligation for maintaining the finished face of the fence or wall. Applications for a fence permit shall be made to the Town of Milan Code Enforcement Officer, who shall collect a fee set by resolution of the Town Board, and who shall be responsible for the enforcement of this law.

All permitted principal or special permit uses noted with an asterisk (*) require site plan review and approval by the Town Planning Board in accordance with Article IX of this chapter.

Further elaboration on some uses, as noted in Table A, appears in the supplementary regulations of this chapter.

Only one permitted principal use is allowed on each lot.

Any use not listed specifically as a permitted, special use permit or accessory use at any location within the attached Schedule shall be considered a prohibited use in all zoning districts under this chapter.

[2]The uses permitted in the Hamlet (HA) District are set forth in Table A, Schedule of Use Regulations, and the standards and procedures for the HA District are set forth in § 200-14 of this chapter.

The uses permitted in the Highway Business (HB) District are set forth in Table A, Schedule of Use Regulations, and the standards and procedures for the HB District are set forth in § 200-14.1 of this chapter.

Purpose. The Town of Milan recognizes the unique historic and architectural character of its unincorporated hamlet areas and wishes to preserve and enhance the hamlet centers of Lafayetteville and Rock City through the establishment of a Hamlet (HA) Zoning District. It is the intent of this zoning district to:

Uses. The uses permitted in the Hamlet (HA) District are specified in § 200-11, Table A, Schedule of Use Regulations of this chapter.[1]

Bulk and area regulations. Bulk and area requirements with respect to minimum lot area, lot width, yards, maximum lot coverage and maximum building height are specified in § 200-12, Table B, Schedule of Area and Bulk Regulations of this chapter.[2] The following provisions shall be in addition to the standards specified in Table B of this chapter:

Standards. In approving all special use permits, site plans and subdivisions, the Planning Board and/or Zoning Board of Appeals shall be guided by the following standards in addition to all other applicable standards contained in this chapter and other regulations:

Parking standards. It is the intent of this subsection to provide for flexibility in the fulfillment of parking requirements within a Hamlet District and to ensure that parking becomes an aesthetically integrated aspect of all site plans. In keeping with these intentions, all parking shall be located either behind the front building line of the principal building, in a common lot, along the side and rear property lines of a principal building or in some combination of the these. Except as otherwise provided, the number of parking spaces provided shall be as required in § 200-38 of this chapter. The following additional parking standards shall apply:

Water and sewer utilities. It is the intent of the Town Board to encourage the development of central water and sewage disposal facilities in the Hamlet Districts. The Town acknowledges the difficulty and expense in creating such systems. The Town Board reserves the right to consult with property owners within the Hamlet Districts on the feasibility of creating central water and/or sewage disposal facilities. However, in determining minimum lot sizes where no central water and/or sewer facilities have been developed, the Town and the applicant shall be bound by the standards of the Dutchess County Department of Health. No building permit or certificate of occupancy shall be approved for any building requiring water and sewer service, unless the standards of the County Health Department have been satisfied.

Special standards for combined commercial and residential uses. The intent of this section is to permit commercial and residential uses within the same building located in the Hamlet (HA) Districts. Section 200-11, Table A, of this chapter describes the types of combined uses that are permitted within the HA District, provided that:

Purpose. The purpose of the Highway Business (HB) District is to provide a location for a variety of retail, service, and other traditional small-scale businesses, where such businesses can reinforce each other and provide attractive places for residents, shopkeepers, and visitors to congregate and do business, and to provide a location for some light industrial uses which display, by way of noise, glare and traffic generation, minimum evidence of internal and external processing on the site, all while maintaining the rural character of the Town of Milan and protecting its scenic beauty. It is the intent of this zoning district to:

Uses. The uses permitted and specially permitted in the Highway Business (HB) District are specified in § 200-11, Table A, Schedule of Use Regulations, of this chapter.

Bulk and area regulations. Except as otherwise specified in this chapter, bulk and area requirements with respect to minimum lot area, lot width, yards, maximum lot coverage and maximum building height are specified in § 200-12, Table B, Schedule of Area and Bulk Regulations,[1] of this chapter. Principal permitted uses shall locate in existing structures or new structures with no more than a five-thousand-square-foot building footprint. Structures required for farms, public stables, animal husbandry and agriculture uses, except roadside stands, are generally exempt from the maximum building footprint requirements of this chapter, except as specifically identified herein.

Standards. In approving all special use permits, site plans, and subdivisions, the Planning Board and/or Zoning Board of Appeals shall be guided by applicable design guidelines. Until such time as the Town of Milan adopts specific design guidelines, the New York Planning Federation's Community Design Guidelines or the Dutchess County Department of Planning and Development's Greenway Connections may be used as an example of acceptable design guidelines. The intent of the applicable design guidelines is to provide prospective applicants for land development with actual illustrations of the types of development that the Town wishes to achieve within the HB District, The guidelines are also intended to ensure that future development within the HB District creates no more than a minimal impact on the district and surrounding area, makes conservation planning a central focus of any future development, requires that new development follow traditional settlement patterns within the district and respects local historic styles, and provides general siting principles to help landowners and the Planning and/or Zoning Boards to plan projects that fit into the rural countryside.

Parking standards.

Nonconforming highway business uses.

General. The lawful use of any land or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective may be continued, although such use does not conform with the provision of this chapter, except as otherwise provided in this section of the document.

Termination of nonconforming use. If a nonconforming use of land or a building or a structure has been discontinued for a minimum period of one year, it shall not thereafter be reestablished and the future use of the land, building or structure shall be in conformity with the terms of this chapter.

Change of nonconforming use. A nonconforming use shall not be changed to other than a conforming use for the district in which it is situated.

Maintenance of nonconforming use. A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, in order to comply with the provisions of this section, are permitted, provided that such alteration or extension shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or increase any existing violation of such provision.

Damage to nonconforming use. If any nonconforming building or structure or any building or structure containing a nonconforming use is damaged due to fire, flood, explosion or other cause, it may be restored in substantially the same form and location but without enlargement or extension, provided that such restoration is substantially completed within 12 months of the damage. The time limit may be extended at the discretion of the Zoning Board of Appeals.

Nonconforming use under construction. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered, unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter and is being diligently continued so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter.

Exemption of dwellings and accessory structures. The limitations of this section shall not apply to a dwelling or accessory structure which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which located, except that no dwelling or accessory structure shall be altered, added to or reconstructed to extend further into an already deficient amount of land area per dwelling unless such violation is granted an area variance by the Zoning Board of Appeals after considering the impact of such alteration or extension using the criteria established in § 200-60F(2).