Philipstown City Zoning Code
ARTICLE III
Land Use District Regulations
§ 175-10 Allowable uses.
A.
No structure or land shall be used except as provided in the Use Table below,[1] and as may be limited by any restrictions imposed by an overlay district requirement (see Article IV) or supplementary regulation (see Article VII). See § 175-74 for definitions of the use categories. Where a use may fit into more than one category, the Zoning Administrative Officer shall, after consulting with the Town Planner if a Town Planner has been appointed by the Town Board, determine which category is most appropriate and consistent with the intent and purpose of this chapter. In the event that a particular proposed use does not fit into any of the categories shown on the Use Table and is not prohibited by the Use Table or by § 175-10C below, it may be allowed by special permit issued by the Town Board. In reviewing applications for special permits and site plan approval, the reviewing board shall impose any reasonable conditions that may be necessary to ensure that a proposed use will be compatible with its surroundings and shall deny any proposed use which does not satisfy the criteria in this chapter.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B.
The meaning of the symbols on the Table is as follows:
Symbol | Meaning |
|---|---|
P | Designates a use permitted by right. Usually requires a zoning permit or a building permit and a certificate of occupancy from the Zoning Administrative Officer, but does not require review by any municipal board. |
PS | |
P/S | Designates a use permitted by right in some circumstances and by special permit in others. See the relevant section reference for criteria. |
S, SZ, ST | |
— | Designates a prohibited use. |
C.
Prohibited uses. Any use, whether or not listed in the Use Table,[2] is prohibited if it does not satisfy the standards and criteria in §§ 175-40 and 175-63. The following uses are prohibited under all circumstances: heavy industry, junkyards, manufacture of concrete or asphalt, facilities for disposal of hazardous or radioactive material, and, except as provided in § 175-50, solid waste management facilities as defined in Article XII, including but not limited to the use of solid waste or material that has previously been part of the solid waste stream (whether or not it has a "beneficial use designation" from DEC) as fill. Existing uses listed above, if they were legal when they began operation, may be continued pursuant to the nonconforming use provisions of Article VI.
[2]
Editor's Note: The Use Table is included as an attachment to this chapter.
D.
Accessory uses.
[Amended 1-28-2015 by L.L. No. 1-2015]
(1)
Uses customarily incidental and subordinate to a principal use shown on the Use Table shall be allowed by the same permit process as the principal use, unless otherwise indicated on the Use Table. (For example, if a light industrial use requires a special permit in a particular zone, then a service business operated as an accessory use to it would also require a special permit.)
(2)
Such accessory uses may be on the same lot, on adjoining lots, or on lots that face each other across a street.
(3)
Noncommercial recreational uses shall be permitted as an accessory use in all districts, provided that they do not create noise, traffic, dust, odor, or other impacts that exceed those normally associated with single-family residential uses.
(4)
If there is no principal use on a residential lot, a use that is typically a residential accessory use, such as a residential garage, swimming pool, tennis court, or tool shed, may be allowed by special permit granted by the Zoning Board of Appeals.
(5)
Attached or detached garages associated with single-family residences shall not exceed 1,000 square feet in footprint area.
(6)
Solar and wind energy systems producing electricity and/or heat primarily for on-site use, including those with net metering, shall be considered customary accessory uses to all principal uses. Wind energy conversion systems are subject to the following conditions and restrictions:
(a)
A minimum lot area of one acre is required to construct and/or maintain a wind energy conversion system;
(b)
Only one wind energy conversion system per lot is permitted;
(c)
Wind energy conversion systems shall be screened to the greatest extent practicable through measures such as nonreflective paint, tower screens, planting and maintenance of natural landscaping (at property boundary areas where feasible), etc.;
(d)
No lighting shall be installed on a wind energy conversion system;
(e)
Maintenance ladders for wind energy conversion systems shall not exceed eight feet in height;
(f)
Wind energy conversion systems shall be set back from all lot boundaries a minimum distance equivalent to the total tower height plus 10 additional feet; and
(g)
A locking protective fence at least six feet in height shall be constructed around the wind energy conversion system tower unless the wind energy conversion system tower is installed to a legal structure that would provide equivalent safety protection.
E.
Mixed use. The Town of Philipstown encourages the mixing of uses where such mixing does not create land use conflicts. Accordingly, all special permit and/or site plan reviews for the same project shall be consolidated into one proceeding before the Planning Board (except where the Town Board or Zoning Board of Appeals has jurisdiction over a special permit).
F.
Change of use or structure. A change of use is the initiation of a use that is in a different use category, as listed on the Use Table,[3] from the existing use of the site or structure. A mere change of ownership, tenancy, or occupancy is not a change of use. (An expansion of a use shall be reviewed according to the provisions of the Use Table for that particular use.) Once a special permit has been granted, it shall run with the land and apply to the approved use, as well as to any subsequent use of the property in the same use category as long as there is no enlargement or modification of the building, provided that the use does not lapse or the permit does not expire (see § 175-62H). Any change to another use allowed by special permit shall require the granting of a new special permit or a special permit amendment.
[3]
Editor's Note: The Use Table is included as an attachment to this chapter.
G.
Rebuilding, replacement, and expansion of structures and revision of special permits and site plans.
(1)
Except as provided in Subsection J and Subsection G(2) and (3) below, any revision of an approved special use permit or site plan, and any reconstruction, enlargement, extension, moving, or structural alteration of an approved special permit or site plan use or structure shall require submission of an application of the same type as the original application.
(2)
The rebuilding or replacement on the same footprint of any structure for a use which requires site plan review and/or a special permit shall require only site plan review. However, the rebuilding or replacement on the same footprint of any structure for a use which requires site plan review and/or a special permit shall be allowed by right if it is the same use and, if visible from any location not on the property, it is similar in height and appearance.
(3)
Institutional, educational, charitable and religious uses not located within the IC District.
(a)
Institutional, educational, charitable, and religious uses not located within the IC District (see Subsection J for special rules that apply within the IC District) may be issued a building permit for any reconstruction, enlargement, extension, moving, or structural alteration by the Zoning Administrative Officer without a new special use permit or site plan approval application if the proposed project meets all of the following criteria:
[1]
It is less than 1,000 square feet in footprint area; this may be permitted no more than twice on any property covered by this subsection, for a cumulative maximum total of 2,000 square feet.
[2]
It does not add to the housing capacity of the institution.
[3]
It does not require the construction of new roads or parking facilities.
[4]
It does not generate additional traffic entering or exiting the institution.
[5]
It does not require new wastewater facilities or water supply wells.
[6]
It is not within 150 feet of any street or property line.
[7]
It conforms with all applicable bulk, use, and other requirements of the district, or those established as part of an approved site plan.
[8]
It is not sited on environmentally sensitive lands as defined in § 85-3 of the Philipstown Code.
[9]
It does not add any new exterior lighting unless required by federal or state law, code, rule or regulation.
(b)
A statement addressing compliance with the foregoing criteria shall be submitted to the Zoning Administrative Officer with the building permit application. If in the discretion of the Zoning Administrative Officer any of the above criteria are not met or are in question, the application shall be referred to the Planning Board and shall require submission of a new special permit or site plan application.
H.
Special site design and operational considerations in the OC District.
(1)
The purpose of the OC District is to allow larger-scale nonresidential uses that contribute to the Town's tax base and provide jobs for local residents, while protecting the Town's treasured scenic and rural qualities using open space buffers. Impervious surfaces are limited to 60% of total project area, requiring 40% to be maintained as open or undeveloped "green space." This green space shall be arranged in a manner that adequately buffers buildings and parking areas from public roads and neighboring properties, while protecting wetlands, watercourses, and scenic views.
(2)
Buildings shall be placed in front of their parking lots to screen the parking from the road. This requirement shall not apply if the entire site is screened from the road by natural vegetation and/or natural topography. The Planning Board may modify or waive this requirement where environmental or topographic constraints or unusual lot configurations such as corner lots or through lots make compliance with this requirement impractical or impossible, where the business needs of the applicant require parking to be visible from the road, or where the predominant character of surrounding development is such that compliance with this requirement would serve no useful purpose, provided that the applicant minimizes the visual impacts of such parking areas.
I.
Small-scale business uses in the RC and RR Districts. Residential structures in existence as of the date of adoption of this Zoning Law (May 5, 2011) may be used for business purposes by special permit, if allowed under Footnote (3) of the Use Table,[4] provided that their exterior appearance is not significantly modified and that the business use does not occupy more than 5,000 square feet of floor area. New structures not exceeding 5,000 square feet in floor area may be built that comply with this section, provided that they maintain a residential appearance and that all new parking spaces are screened from view from adjoining properties and public roads. Any changes to an existing structure or construction of a new structure shall be made with consideration of the design guidelines referred to in § 175-5. The uses allowed by this Subsection I may only be permitted if they have frontage on and access to a state highway. The screening requirements in this Subsection I may be modified by the Planning Board where it is not feasible to comply with them.
[4]
Editor's Note: The Use Table is included as an attachment to this chapter.
J.
Institutional Conservation District and institutional uses.
(1)
Institutional uses in the Institutional Conservation District legally in existence on the effective date of this chapter shall be permitted by right and shall be allowed to expand by right up to a cumulative total of 1,000 square feet of floor area per year, up to a maximum cumulative total of 4,000 square feet in any five-year period, provided that any such expansion complies with the requirements of the Dimensional Table in § 175-11.[5] Expansion beyond 1,000 square feet per year or 4,000 square feet in any five-year period, or conversion to another institutional use shall require site plan approval by the Planning Board. Any development proposal which involves the addition of more than 20,000 square feet of floor area or the disturbance of more than two additional acres of land shall require a special permit. Once a new site plan approval and/or special permit has been granted, the "expansion by right" options listed above shall be available again up to the stated maximum amounts. This paragraph does not supersede any site plan review requirements that are triggered by being within the Scenic Protection Overlay District.
[5]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
(2)
In the event that a property in the IC District ceases to be operated as an institutional use as defined in § 175-74, permitted uses shall be those permitted in the RC District. The dimensional requirements shall be as shown on the Dimensional Table for the IC District in § 175-11.[6]
[6]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
(3)
A new institutional use that was not in existence when this subsection was adopted shall not be eligible for inclusion in the Institutional Conservation (IC) District and shall be regulated as an institutional use according to the district in which it is located. Once it has been approved and constructed as an institutional use within the appropriate district and has operated for a period of at least five years, it may be rezoned by the Town Board to the IC District if it meets the use and dimensional criteria for inclusion in the IC District.
(4)
Where an institutional use that is not in the IC District fits the definition of an educational, charitable, or religious use, it shall be regulated as an educational, charitable, or religious use.
§ 175-11 Density and dimensional regulations.
A.
Purpose. The regulations in this section are intended to encourage the preservation of Philipstown's open space, while providing opportunities for needed housing and business uses. This is accomplished by clustering development in nodes surrounded by open space and, where practical, in the traditional compact pattern found in the Town's hamlets. This chapter contains flexible regulations for density and lot dimensions and encourages the use of open development area (ODA) development and conservation subdivision as an alternative to conventional subdivision to preserve significant amounts of open space. See Article V for standards for conservation subdivision.
B.
Dimensional Table. The following table is hereby adopted and will be referred to as the "Dimensional Table."[1] This table is designed to encourage conservation subdivisions by allowing conservation subdivisions to occur at a higher density than conventional subdivisions in the RC and RR Districts. The number of units in a conventional subdivision is regulated by minimum lot size, while in conservation subdivisions it is regulated by a maximum density, as further described in Article V.
[1]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
C.
Minimum floor area. The minimum floor area of a dwelling unit shall be 720 square feet and the minimum for an accessory apartment shall be 500 square feet.
D.
Minimum lot sizes in the HM and HR Districts and in conservation subdivisions. Minimum lot sizes in the HM and HR Districts and in conservation subdivisions shall be as shown below, provided that such lots comply with all applicable public health requirements and that all common water and sewage disposal facilities are managed by entities which the Planning Board deems adequate to protect public health on a long-term basis. Minimum lot sizes for such lots shall be:
(1)
With common or municipal water supply but no common or municipal sewage disposal services: 40,000 square feet.
(2)
With common or municipal sewage disposal services only: 20,000 square feet.
(3)
With common or municipal water supply and sewage disposal: 4,000 square feet.
(4)
Without common or municipal water supply or sewage disposal services: 40,000 square feet.
E.
Impervious surface flexibility. In the course of site plan, special permit, area variance, or subdivision approval, an applicant may request permission to exceed the maximum impervious surface requirements through the use of partially permeable materials that allow for some infiltration of water into the ground. Such permission may be granted by the reviewing board only if the applicant demonstrates that the use of such materials will result in at least as much groundwater infiltration and no more stormwater runoff from the site than would occur if the applicant complied with the limitations in the Dimensional Table[2] using impervious materials.
[2]
Editor's Note: The Dimensional Table is included as an attachment to this chapter.
F.
Lot size calculation for land in more than one zoning district. For purposes of calculating and determining compliance with minimum lot size requirements on a lot or parcel that lies in more than one zoning district, the required minimum lot size shall be the minimum lot size for the zoning district which encompasses the largest portion of the lot. The remaining land on the lot, lying in one or more other districts, shall be counted toward the minimum lot size requirement as determined above. Land on a contiguous parcel in the same ownership may also be counted toward minimum lot size if so desired by the landowner.
[Added 10-3-2013 by L.L. No. 6-2013]
§ 175-12 Multiple and accessory dwellings.
A.
Two-family dwellings.
(1)
In the HM and HR Districts, two-family dwellings shall be permitted by right on all conforming lots (with County Health Department approval).
B.
Multifamily and senior citizen dwellings.
(1)
Buildings legally in existence as of January 1, 2008, may be converted to multifamily use if permitted in the Use Table.[1] Maximum density shall be established by the Planning Board based upon applicable review criteria and the characteristics of the existing building. Conversions of existing buildings that mix residential and compatible nonresidential uses are encouraged.
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
(2)
For congregate senior citizen housing, including assisted living facilities, and residential care facilities, each bedroom shall be counted as 1/2 of a dwelling unit. For multifamily units, a studio dwelling unit shall be counted as 0.5 dwelling unit, a one-bedroom dwelling unit shall be counted as 0.67 dwelling unit, a two-bedroom unit shall be counted as 0.75 dwelling unit, and a three-bedroom or larger dwelling unit shall be counted as one dwelling unit.
(3)
The maximum density for new multifamily dwellings in the HR and HM Districts shall be two units per acre with municipal water or sewer service, 12 units per acre with municipal water and sewer service, or one unit per acre with no municipal water or sewer service. In the HM and HR Districts, multifamily dwellings shall face an existing or new street, with off-street parking lots located behind the buildings or off site.
(4)
The maximum density for multifamily dwellings in the OC District shall be determined in each case by the Planning Board based upon all relevant special permit and site plan review criteria. New residential development shall not exceed 20% of the total floor space in any development project in the OC District.
C.
Accessory apartments.
(1)
One accessory apartment per lot may be located as follows:
(a)
As a use permitted by right on a conforming residential lot with direct access to a state highway, county road, or Town street or highway, where all structures are conforming structures.
(b)
As a use allowed by special permit granted by the Zoning Board of Appeals, without a separate site plan review, on a conforming residential lot which is accessed by a private right-of-way or easement, on a nonconforming residential lot that has at least 40,000 square feet of lot area, on a lot with nonconforming structures where there will be no increase in the nonconformity of any structure, and/or on a conforming lot not used for residential purposes.
(2)
The accessory apartment shall not be counted as a dwelling unit for purposes of determining density.
(3)
No permit shall be granted for an accessory apartment without certification by the Putnam County Health Department no more than one year prior to the application for the accessory apartment of the adequacy of the septic system. The accessory apartment and the dwelling with which it is associated shall comply with all applicable New York State codes.
(4)
An accessory apartment shall have a maximum of two bedrooms and a minimum of one off-street parking space per bedroom. Accessory apartments within a dwelling shall be installed in a manner that does not alter the single-family appearance of a dwelling when viewed from a street.
(5)
If an accessory apartment is created on a lot which is accessed by a private right-of-way or easement, for which there is a written maintenance agreement, no special use permit shall be issued unless the maintenance agreement is amended to require the owner of the dwelling with the accessory apartment to pay an increased proportionate share of the cost of maintaining said right-of-way or easement to reflect the existence of the accessory apartment.
D.
Multiple residences on a lot. A lot may contain more than one principal residential structure and accessory apartment, provided that the lot has sufficient acreage to comply with applicable density requirements. Such a lot may not be later subdivided unless the subdivided lots conform to the dimensional regulations in effect when the subdivision is proposed. If a lot is proposed to have more than two principal residential structures, site plan approval shall be required from the Planning Board. No lot of any size may have more than four residential units on it except in an approved multifamily development or in a condominium subdivision as described in § 175-65A(3).