Pine Plains Town City Zoning Code
ARTICLE II
Zoning Districts
§ 275-4 Establishment and intent.
Zoning district designations. In order to fulfill the purposes of this Zoning Law, the Town of Pine Plains is hereby divided into the following zoning districts (also referred to as "districts"), as shown on the Zoning Map, for the purposes indicated below:
[Amended 9-16-2021 by L.L. No. 1-2021; 3-17-2022 by L.L. No. 1-2022]
Symbol | District Name |
|---|---|
Pine Plains Hamlet Districts: | |
H-BUS | Hamlet - Business |
H-MS | Hamlet - Main Street |
H-CR | Hamlet - Center Residential |
H-R | Hamlet - Residential |
Pulvers Corners Hamlet District: | |
H-PC | Hamlet - Pulvers Corners |
Bethel Hamlet District: | |
H-B | Hamlet - Bethel |
R | Rural |
WP | Wellhead Protection |
AG-O | Agricultural Overlay |
M-O | Mining Overlay |
L-I | Light-Industrial |
District purposes.
Hamlet (H). The primary purpose of the Hamlet (H) Zoning Districts is to foster development in the historic settlement areas known as Pine Plains, Pulvers Corners and Bethel. The Hamlet of Pine Plains is the Town's historic, cultural, commercial and residential center. New development and adaptive reuse of existing structures shall have a building scale, massing, layout and design that is pedestrian-oriented and consistent with the traditional character of each hamlet. The hamlet districts have the following additional purposes:
Pine Plains Hamlet Zoning District(s):
Hamlet-Business (H-BUS): to allow commercial uses that are consistent with the scale, dimensions, and character of existing structures located at this crossroad location in the Hamlet of Pine Plains.
Hamlet-Main Street (H-MS): to allow a mix of residential and commercial uses that are consistent with the scale, dimensions, and character of existing structures on properties with lot frontage primarily along Main Street and Church Street. Commercial uses have been selected that are or may be made compatible with adjoining residential uses through the site plan and special use permit approval process.
Hamlet-Center Residential (H-CR): to allow residential uses at the highest densities in the Town consistent with the existing residential character of the Pine Plains Hamlet. Uses in this zoning district shall be interconnected to other portions of the Pine Plains Hamlet through establishment of a comprehensive sidewalk system.
Hamlet-Residential (H-R): to allow residential uses at a density consistent with the more open character of this area of the Hamlet of Pine Plains.
Pulvers Corners Hamlet Zoning District(s):
Hamlet-Pulvers Corners (H-PC): to allow a mix of residential and commercial uses in Pulvers Corners, designed in a manner that reflects this hamlet's traditional building patterns in terms of scale, form, and architectural character, and in a manner that promotes pedestrian-oriented design.
Bethel Hamlet Zoning District(s):
Hamlet-Bethel (H-B): to allow a mix of residential and commercial uses in Bethel, designed in a manner that reflects this hamlet's traditional building patterns in terms of scale, form, and architectural character, and in a manner that promotes pedestrian-oriented design.
Rural (R). The primary purpose of this district is to allow agricultural uses and low-density residential uses in a manner that is consistent with the existing rural character of the Town outside its hamlets.
Wellhead Protection (WP). The purpose of this district is to protect the well and recharge areas associated with the public water supply system that serves the Hamlet of Pine Plains. The boundary of the district is based on an identification of these resources as set forth in the 2007 Wellhead Protection Plan prepared by the New York Rural Water Association. The WP District is also considered a residential district as that term may be used and regulated by this Zoning Law.
Agricultural Overlay (AG-O). The purpose of this overlay district is to protect any property now or formerly in agricultural use, property that may not be in agricultural use but is characterized by the presence of prime farmland soils, soils of statewide importance, or property that is within a county-designated agricultural district. Regulations applicable to this overlay district are set forth in § 275-26 of this Zoning Law.
Mining Overlay (M-O). The purpose of this overlay district is to allow and regulate mining uses within the Town of Pine Plains. Regulations applicable to this overlay district are set forth in § 275-27 of this Zoning Law.
[1]Light-Industrial (LI). The Light-Industrial District is intended to support the existing cluster of light industrial businesses west of the Hamlet Center along Church Street/Route 199. These businesses include automobile repair and fabrication, a slaughterhouse, tractor and equipment repair and sales, cultural operations, a propane gas company and trucking and storage.
[Added 3-17-2022 by L.L. No. 1-2022]
[1]
Editor's Note: Former Subsection B(6), regarding the New Neighborhood Development Floating Zone (NND), was repealed 9-16-2021 by L.L. No. 1-2021.
§ 275-5 Zoning Map. [1]
The boundaries of the zoning districts set forth in § 275-4 are shown on a map entitled "Zoning Map of the Town of Pine Plains," hereinafter referred to as the "Zoning Map," certified by the Town Clerk as adopted by the Town Board of the Town of Pine Plains. The Zoning Map, together with all explanatory matter shown thereon and all amendments thereto, is hereby adopted and is declared to be an appurtenant part of this Zoning Law.
[1]
Editor's Note: See the Zoning Maps included as an attachment to this chapter.
§ 275-6 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundary of any zoning district shown on the Zoning Map, the following rules shall apply:
Where a district boundary is indicated as approximately following the center line or right-of-way line of a street, highway, railroad, public utility easement, or watercourse, said boundary shall be construed to be coincident with such line. Such boundary shall be deemed to be automatically adjusted if a center line or right-of-way line of such street, highway, railroad, public utility, or watercourse is moved a maximum distance of 50 feet.
Where a district boundary is indicated as approximately following the Town of Pine Plains boundary line, a property line, or a lot line, the district boundary shall be construed to be coincident with such boundary, property or lot line.
Where a district boundary is so indicated that it is approximately parallel to the Town of Pine Plains boundary line, a property line, lot line, right-of-way line, or projections thereof, said boundary shall be construed as being parallel thereto and at such distance as indicated on the Zoning Map or as shall be determined by use of the scale shown on the Zoning Map.
Where a district boundary divides a single lot in a single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, except that this provision shall not apply to lots located in the WP District.
In all other cases, the location of a boundary shown on the map shall be determined by the use of the scale appearing thereon.
§ 275-7 Applicability of district regulations.
Except as hereinafter provided:
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, occupied, designed or arranged to be used, for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this Zoning Law for the zoning district in which such building or land is located.
Unless as otherwise permitted herein, no more than one principal building or use shall be permitted on any individual lot. No yard or other open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
No lot shall be subdivided from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this Zoning Law for the district in which said lot is located.
Table A establishes use regulations for the base zoning districts.[1] Any use which is not permitted as a matter of right, pursuant to a special use permit, or allowed as an accessory use as set forth in Table A, Schedule of Use Regulations, shall be deemed to be prohibited unless otherwise allowed by the provisions regulating an overlay district.
[Amended 9-16-2021 by L.L. No. 1-2021]
[1]
Editor's Note: Table A, Schedule of Use Regulations, is included as an attachment to this chapter.
Buildings under construction. Where a building permit has been issued lawfully prior to the effective date of this Zoning Law, and provided that construction is begun within 120 days of the effective date of this Zoning Law and is diligently pursued, said building may be completed in accordance with approved plans and may be occupied by the use originally intended, provided construction is completed and the certificate of occupancy issued in accordance with the conditions prescribed. Such buildings and uses shall be subject to the provisions of this Zoning Law pertaining to nonconforming buildings and uses if the building or use is nonconforming.
Existing lots of record.
Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Article XVIII of this Zoning Law, which does not comply with the minimum lot area requirements set forth in Table B, Schedule of Bulk Regulations,[2] provided that each of the following criteria is satisfied:
Development of the lot shall satisfy all requirements applicable to potable water supply and sewage disposal systems promulgated by the Town of Pine Plains, the Dutchess County Health Department, the New York State Department of Health and New York State Department of Environmental Conservation.
The lot is either:[3]
Shown on a subdivision map filed in the Office of the Dutchess County Clerk, prior to the creation of a Planning Board and Subdivision Regulations of the Town of Pine Plains; or
The lot is part of a subdivision plat approved by the Town of Pine Plains Planning Board in accordance with the Pine Plains Subdivision Regulations, and filed in the Office of the Dutchess County Clerk, in a timely manner pursuant to Town Law.
The use of the lot shall be limited to one principal single-family detached dwelling and such other accessory dwellings and structures as may be permitted by this Zoning Law.
The lot is developed in accordance with all other bulk requirements for the zoning district in which it is located as set forth in Table B of this Zoning law.
[2]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
The use of an existing lot not meeting the requirements set forth above shall require an area variance(s).
Pending Planning Board and building permit applications. Any site plan, subdivision or building permit application which was submitted prior to and is still pending on the effective date of this Zoning Law may continue to be processed and considered by the permitting authority, provided the application is amended to fully comply with the requirements of this Zoning Law. The amended application shall not be deemed complete until such time as all the application requirements of this Zoning Law are submitted and accepted by the permitting authority and, where SEQRA is applicable, a negative declaration has been filed or, where a positive SEQRA declaration has been or is issued, a notice of completion of the draft environmental impact statement has been filed in accordance with the requirements of SEQRA. The permitting authority and/or the lead agency may, in its discretion, and where appropriate and relevant to the permitting and SEQRA review of the amended application, allow application and/or SEQRA submissions made by the applicant to the permitting authority and/or lead agency prior to the effective date of this Zoning Law to be deemed part of the amended application and SEQRA review of the amended application. This provision shall not be interpreted as vesting any rights in the applicant to approval of any applications submitted prior to, and pending, on the effective date of this Zoning Law.