Red Hook Village City Zoning Code
ARTICLE III
District Regulations
§ 200-6 Application of regulations.
No building, structure or land shall be used and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations specified for the district in which it is located, except as herein provided. (Demolition and construction must conform to all New York State codes and be reviewed and approved by the Planning Board for conformance to zoning laws and neighborhood/zone character.)
§ 200-7 General regulations.
A.
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.
B.
Space and area regulations. No building or structure shall be hereinafter erected; nor shall any existing building or structure be altered, enlarged 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 area per family, 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 by a duly constituted public authority for a public purpose.
C.
Yard as related to 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 required for any other building or any other lot.
D.
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 materials or for signs, except as specific provision is made therefor.
E.
Uses on a lot. Except in the General Business and Gateway Business Districts or as specifically permitted elsewhere in this chapter, only one permitted or special permitted use per lot shall be allowed. Accessory uses and buildings are also permitted subject to the specific provisions of this chapter.
[Amended 2-14-2022 by L.L. No. 2-2022]
F.
Schedule of regulations. Except as otherwise provided by this chapter, no building or structure or land shall be used nor shall any building or structure be built or altered, except for the purposes specified in the this article (home occupations are permitted in any district, subject to the provisions of § 200-27).
G.
To promote and support implementation of the Hudson River Valley Greenway Communities Council’s report entitled “Greenway Connections,” as a Village land use, development and design guideline to the extent applicable to the Village by Local Law No. 2 of the year 2016, the Village of Red Hook has adopted Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, as statement of land use policies, principles, and guides. In its discretionary actions under this section, the reviewing agency should be guided by said statement of policies and guides where and whenever appropriate.
[Added 6-16-2016 by L.L. No. 2-2016]
§ 200-8 Residential District R20,000.
The land uses most appropriate in this district include lower-density single-family residences and the public facilities which complement them (e.g., parks and schools). Residential lot sizes would be determined by the capacity of the land to absorb septic waste, but would, in no case, be less than 20,000 square feet per dwelling unit. The relatively undeveloped character of these areas provide opportunities for preserving open space, especially through clustering.
A.
Permitted principal uses, buildings and other structures shall be as follows:
(1)
Agriculture.
(2)
Dwellings, one-family.
(3)
Parks, public and private.
(4)
Playgrounds.
(5)
Schools, elementary.
(6)
Schools, secondary.
B.
Permitted accessory uses, buildings and other structures shall be as follows:
(1)
Accessory uses of buildings as defined herein.
(2)
Accessory buildings and structures customarily associated with the permitted principal uses' buildings and structures.
(3)
In a one-family dwelling:
(a)
The keeping of not more than two boarders.
(b)
Accessory dwelling, subject to the requirements of § 200-19.
[Amended 2-14-2022 by L.L. No. 2-2022]
(4)
Between the yards of a dwelling:
(a)
Outdoor storage of not more than two of the following: boat, boat trailer, camp trailer, cargo trailer, any of which shall be only for personal use by a resident on the premises.
(b)
A private garage not to exceed three bays or open parking for operative vehicles owned by a person residing or visiting the premises.
(c)
A playhouse, toolhouse or garden house.
(5)
Between the yards of a dwelling or farmhouse, a private swimming pool not operated for gain, subject to the additional provisions of § 200-40.
(6)
Off-street parking for commercial vehicles, while loading and unloading as required by § 200-34.
(7)
Off-street parking and automobile storage space as required by § 200-33.
(8)
Signs as permitted by § 200-38.
(9)
Temporary structures as permitted by § 200-41.
(10)
A single EV charging station for residential use.
[Added 7-13-2015 by L.L. No. 1-2015]
C.
Uses for which the Planning Board may issue a special permit, in accordance with the provisions of §§ 200-15 and 200-16, shall be as follows:
(1)
Bed-and-breakfast.
(2)
Boardinghouse or rooming house.
(3)
Bus passenger shelter for which the Board of Appeals may waive the provisions of Subsection D.
(4)
Carnivals, subject to the additional provision of § 200-25.
(5)
Circuses, subject to the additional provisions of § 200-25.
(6)
Church or parish houses.
(7)
Clinics, medical or dental.
(8)
Day-care facilities subject to the provisions of § 200-21.
(9)
Dwelling, two-family.
[Amended 2-14-2022 by L.L. No. 2-2022]
(10)
Fairs, subject to the provisions of § 200-25.
(11)
Satellite dish antennas, subject to the provisions of § 200-37.
(12)
Schools, vocational.
(13)
Accessory dwelling in a detached structure subject to the requirements of § 200-19.
[Amended 2-14-2022 by L.L. No. 2-2022]
D.
Area, yard, coverage and height provisions.
(1)
General. The area, yard, coverage and height provisions established by this section shall apply to all permitted uses in R20,000 Districts for which special criteria are not established elsewhere in this chapter.
(2)
Lot area per dwelling unit. The minimum lot area per dwelling unit shall be 20,000 square feet.
(3)
Lot dimensions; interior lots. Unless otherwise specified, the minimum width of a lot shall be 100 feet at the front building line.
(4)
Lot dimensions; corner lots. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 125 feet.
(5)
Front yards; interior lots; dwelling structures. No part of any dwelling building or permitted accessory structure shall extend nearer to the street line than 30 feet or nearer to the center line of the street than 55 feet, whichever distance requires the greater setback from the street line. Whenever possible, buildings and structures should conform to the existing line of sight.
(6)
Rear yards; interior lots; accessory buildings and dwelling structures. There shall be a rear yard of not less than 25 feet, except that in a case of through lots the front yard requirement specified by Subsection D(5) above shall be observed on both streets.
(7)
Side yards; interior lots; accessory buildings and dwelling structures. There shall be two side yards, each with a minimum width of 15 feet.
(8)
Accessory buildings. Sheds and accessory buildings not exceeding one story may have a reduced setback of not less than five feet from the side and rear lot lines, provided that any accessory structure containing an accessory dwelling must comply with the standard setbacks for the district.
[Added 2-14-2022 by L.L. No. 2-2022[1]]
[1]
Editor's Note: This local law also redesignated former Subsection D(8) through (11) as Subsection D(9) through (12), respectively.
(9)
Yards, corner lots; accessory buildings and dwelling structures. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(5) above. In addition, there shall be one rear yard with a minimum width of 25 feet and one side yard with a minimum width of 10 feet.
(10)
Height. No building or structure shall exceed 35 feet in height or 2 1/2 stories, whichever is less.
(11)
Coverage. The maximum coverage of a lot shall be 15%.
(12)
Substandard lot. A one-family dwelling shall be permitted on a lot having less than 20,000 square feet, which was separately owned and not adjoined at the side by other unoccupied land in same ownership at the time of adoption of this chapter, or on any numbered lot in a recorded subdivision that was on record in the office of the County Clerk at the time of adoption of this chapter, provided that the following requirements are met:
(a)
The minimum front and rear yard dimensions for the district are maintained.
(b)
The following side yard dimensions are maintained:
Existing Lot Width (feet) | Each Side Yard (feet) | |
|---|---|---|
75 to 124 | 15 | |
74 or less | 10 |
(c)
The maximum coverage of a lot shall be 15%.
E.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.[2]
[2]
Editor's Note: See Diagram F located at the end of this chapter.
F.
Cluster of large scale development.[3]
(1)
Upon presentation of a site plan to be approved by the Planning Board showing the location of buildings, streets, yards and other open spaces for the unified residential development of an area, the Planning Board may waive the heretofore established front, side and rear yard requirements, except along streets shown on the Master Plan as primary and secondary thoroughfares, provided that:
(a)
The net land area per dwelling unit in the development is not less than 20,000 square feet.
(b)
The minimum distance between any two buildings or structures shall not be less than 30 feet.
(2)
Upon approval of such a site plan, the Planning Board may authorize the Code Enforcement Officer to issue a zoning permit in accordance with such approved plan as provided by § 200-16.
[3]
Editor's Note: See Diagrams L though R located at the end of this chapter.
§ 200-9 Residential District R10,000.
The land uses most appropriate in this district include higher-density single-family residences and the public facilities which complement them (e.g., parks and schools). Residential lot sizes would be determined by the capacity of the land to absorb septic waste, but would not, unless served by central sewage facilities, be less than 20,000 square feet per dwelling unit. The relatively concentrated character of residences within this district provides opportunities for extending amenities, such as sidewalks, utilities and streetlighting.
A.
Permitted principal uses, buildings and other structures shall be as follows:
(1)
Dwellings, one-family.
(2)
Parks, public and private.
(3)
Playgrounds.
(4)
Schools, elementary.
(5)
Schools, secondary.
B.
Permitted accessory uses, buildings and other structures shall be as follows:
(1)
Accessory uses of buildings as defined herein.
(2)
Accessory buildings and structures customarily associated with the permitted principal use's buildings and structures.
(3)
In a one-family dwelling:
(a)
The keeping of not more than two boarders.
(b)
Accessory dwelling, subject to the requirements of § 200-19.
[Amended 2-14-2022 by L.L. No. 2-2022]
(4)
Between the yards of a dwelling:
(a)
Outdoor storage of not more than two of the following: boat, boat trailer, camp trailer, cargo trailer, any of which shall be only for personal use by a resident on the premises.
(b)
A private garage not to exceed three bays or open parking for operative vehicles owned by a person residing or visiting the premises.
(c)
A playhouse with a maximum-size side yard and the required type of foundation, a toolhouse or a garden house.
(5)
Between the yards of a dwelling or farmhouse, a private swimming pool not operated for gain, subject to the additional provisions of § 200-40.
(6)
Off-street parking for commercial vehicles, while loading and unloading, as required by § 200-34.
(7)
Off-street parking and automobile storage space, as required by § 200-33.
(8)
Signs as permitted by § 200-38.
(9)
Temporary structures as permitted by § 200-41.
(10)
A single EV charging station for residential use.
[Added 7-13-2015 by L.L. No. 1-2015]
C.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 200-15 and 200-16 shall be as follows:
(1)
Bus passenger shelters for which the Board of Appeals may waive the provisions of Subsection D.
(2)
Church or parish houses on a site of not less than three acres.
(3)
Clinics, medical or dental.
(4)
Day-care facilities subject to the provisions of § 200-21.
(5)
Dwelling, two-family.
[Amended 2-14-2022 by L.L. No. 2-2022]
D.
Area, yard, coverage and height provisions.[1]
(1)
General. The area, yard, coverage and height provisions established by this section apply to all permitted uses in R10,000 Districts for which special criteria are not established elsewhere in this chapter.
(2)
Area per dwelling unit served by central sewer. The minimum area per dwelling unit shall be 10,000 square feet.
(3)
Area per dwelling unit not served by central sewer. The minimum area per dwelling unit not served by central sewer shall be 20,000 square feet.
(4)
Lot dimensions:
(a)
Interior lots.
[1]
Lots served by central sewer. Unless otherwise specified, the minimum width of a lot served by central sewer shall be 80 feet at the front building line.
[2]
Lots not served by central sewer. Unless otherwise specified, the minimum width of the lot not served by central sewer shall be 100 feet at the front building line.
(b)
Corner lots.
[1]
Structures served by central sewer. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 100 feet for a lot served by a central sewer.
[2]
Structures not served by central sewer. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 125 feet for a lot served by a central sewer.
(5)
Front yards; interior lot; dwelling structure. No part of any dwelling, building or structure shall extend nearer to the street line than 30 feet or nearer the center line of the street than 55 feet, whichever distance requires the greater setback from the street line.
(6)
Rear yards; interior lots; accessory buildings and dwelling structures. There shall be a rear yard of not less than 25 feet, except that, in a case of through lots the front yard requirement specified by Subsection D(5), above shall be observed on both streets.
(7)
Side yards; interior lots; accessory buildings and dwelling structures. There shall be two side yards each with a minimum width of 15 feet.
(8)
Accessory buildings. Sheds and accessory buildings not exceeding one story may have a reduced setback of not less than five feet from the side and rear lot lines, provided that any accessory structure containing an accessory dwelling must comply with the standard setbacks for the district.
[Added 2-14-2022 by L.L. No. 2-2022[2]]
[2]
Editor's Note: This local law also redesignated former Subsection D(8) through (11) as Subsection D(9) through (12), respectively.
(9)
Yards, corner lots; dwelling structures. In the case of a corner lot, both yards abutting streets shall be considered front yards and be determined as provided in Subsection D(4)(a)[1] above. In addition, there shall be one rear yard with a minimum width of 25 feet and one side yard with a minimum width of 10 feet.
(10)
Height. No building or structure shall exceed 35 feet in height or 2 1/2 stories, whichever is less.
(11)
Coverage. The maximum coverage of a lot shall be 15%.
(12)
Substandard lot. A one-family dwelling shall be permitted on a lot having less than 20,000 square feet, if the area is not served by central sewer, or 10,000 square feet if the area is served by a central sewer, which was separately owned and not adjoined at the side by other unoccupied land in same ownership at the time of adoption of this chapter, or on any numbered lot in a recorded subdivision that was on record in the office of the County Clerk at the time of adoption of this chapter, provided that the following requirements are met:
(a)
The minimum front and rear yard dimensions for the district shall be maintained.
(b)
The following side yard dimensions shall be maintained:
Existing Lot Width (feet) | Each Side Yard (feet) | |
|---|---|---|
75 to 124 | 15 | |
74 or less | 10 |
(c)
The maximum coverage of a lot shall be 15%.
[1]
Editor's Note: See Diagram S located at the end of this chapter.
E.
Location of driveways. No driveway center line shall intersect a street line less than 70 feet from the intersection of any two street lines.[3]
[3]
Editor's Note: See Diagram F located at the end of this chapter.
§ 200-10 General Business District GB.
The land uses most appropriate in this central commercial area include those business appealing to pedestrians, as well as institutions and public facilities with community-wide orientation. In addition, the upper floors of commercial structures may provide limited opportunities for accessory residences, especially for seniors.
A.
Site plan approval. All use changes in this district shall be subject to site plan approval as provided by § 200-16.
B.
Permitted principal uses, buildings and other structures shall be as follows:
(1)
Apparel and accessory stores.
(2)
Antique stores.
(3)
Amusement and recreation services.
(4)
Art galleries.
(5)
Banks.
(6)
Bars or taverns.
(7)
Bed-and-breakfasts.
(8)
Boardinghouses and/or rooming houses.
(9)
Clinics, dental/medical.
(10)
Clubhouses.
(11)
Credit agencies other than banks.
(12)
Day-care facility.
[Added 8-14-2023 by L.L. No. 3-2023[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(12) through (39) as Subsection B(13) through (40), respectively.
(13)
Drugstores.
(14)
Dwellings, one-family, two-family and multifamily, legally in existence as of June 30, 2021, and which have not been thereafter converted to another permitted use. Such dwellings may be altered, improved and modified in accordance with the R10,000 bulk regulations.
[Added 2-14-2022 by L.L. No. 2-2022[2]]
[2]
Editor's Note: This local law also redesignated former Subsection B(13) through (38) as Subsection B(14) through (39), respectively.
(15)
Eating and drinking establishments.
(16)
Financial establishments.
(17)
Food stores.
(18)
Funeral homes.
(19)
Furniture stores.
(20)
General merchandise stores.
(21)
Grocery stores.
(22)
Hardware stores.
(23)
Home furnishing and equipment stores.
(24)
Hotels.
(25)
Insurance agencies.
(26)
Inns.
(27)
Legal services.
(28)
Libraries.
(29)
Medical and health services.
(30)
Miscellaneous retail stores, including the making of articles to be sold at retail on the premises, provided that any such manufacturing and processing shall be incidental to the retail business and not more than five persons shall be employed in such manufacturing or processing.
(31)
Motels, subject to the provisions of § 200-30.
(32)
Motion-picture theaters, other than a drive-in.
(33)
Offices, business/professional.
(34)
Places of assembly.
(35)
Real estate establishments.
(36)
Restaurants.
(37)
Services, miscellaneous/personal/professional.
(38)
Theaters.
(39)
Tourist homes.
(40)
Video rentals and or sales.
C.
Permitted accessory uses, buildings and other structures shall be as follows:
(1)
Accessory buildings and structures customarily associated with the principal use permitted.
(2)
In a commercial structure, apartments in accordance with § 200-31.
[Amended 2-14-2022 by L.L. No. 2-2022]
(3)
Off-street parking for commercial vehicles while loading and unloading, as required by § 200-34.
(4)
Off-street parking and automobile storage space, as required by § 200-33.
(5)
Signs as permitted by § 200-38.
(6)
Temporary structures as permitted by § 200-41.
(7)
EV charging stations.
[Added 7-13-2015 by L.L. No. 1-2015]
D.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of § 200-15.
(1)
Automobile sales area.
(2)
Bakeries employing not more than five persons.
(3)
Drive-through window subject to the provisions of § 200-22.
[Amended 2-1-2014 by L.L. No. 1-2014]
(4)
Garages, public, subject to the additional provisions of § 200-36.
(5)
Laundries, coin-operated, and dry cleaners.
(6)
[3]Nursing or convalescent homes.
[3]
Editor’s Note: Former Subsection E(6), regarding motor vehicle stations, was repealed 10-15-2018 by L.L. No. 4-2018. This local law also renumbered former Subsection E(7) through (9) as E(6) through (8), respectively.
(7)
Wholesale businesses.
(8)
Residential mixed use precedent as to uses in existing context.
E.
Bulk coverage and yard provisions.
[Amended 2-1-2014 by L.L. No. 1-2014]
(1)
Coverage. The maximum lot coverage permitted, by building area, shall be 65% of the lot.
(2)
Yards. All buildings and structures constructed on lots which abut nonbusiness districts shall be so located as to conform in respect to the abutting yard width with the side or rear yard requirements as the case may be for the district against which the lot abuts.
(3)
Corner lots. All buildings and structures built on corner lots shall conform to § 200-32.
(4)
Height. No building or structure shall exceed 45 feet in height or 3 1/2 stories, whichever is less. The Planning Board may waive the maximum permitted height for church spires, antennas, civic buildings, and monuments.
(5)
Setback. There is no minimum setback. New structures shall be located as close to the street line as practical with adequate space provided for sidewalks, lighting, street trees and other public amenities. Where there is a significant difference between the setback of the new structure and the setback of an existing adjacent structure(s), the Planning Board may increase the setback of the new structure to maintain a continuous streetscape, but in no case beyond the existing setback of the adjacent structure. In no case shall the setback be increased to permit parking in the front yard.
§ 200-11 Gateway Business District GWB.
[Amended 7-13-2015 by L.L. No. 1-2015; 2-14-2022 by L.L. No. 2-2022]
The Gateway Business District is intended to serve as the eastern gateway and entrance to the Village and provide a visual transition from rural to commercial uses as lots become more densely developed. The established setbacks, maximum building sizes and uses are compatible with existing mixed-use development, built context and traditional development patterns of the nearby General Business (GB) District and consistent with the Dutchess County Greenway Compact Guide.
The Gateway Business District seeks to continue the front yard setbacks/build-to line of the adjacent zoning districts by emphasizing visual and physical access to retail/commercial storefronts along the tree-lined sidewalk for pedestrians. The consistent build-to line will help establish and maintain an active, small urban corridor shared by vehicles, while encouraging pedestrian safety and mobility by limiting the number of curb cuts per property and locating vehicular parking and loading zones in rear yards and/or screened side yards of properties.
Lot coverage in the Gateway Business District is significantly less than in the nearby General Business District. This, coupled with the requirement for a side yard setback, creates a visual distinction between the denser General Business District and this transition district.
A.
Site plan approval. All uses permitted in this district shall be subject to site plan approval as provided by § 200-16.
B.
Permitted principal uses, buildings and other structures shall be as follows:
(1)
Commercial greenhouses and plant nurseries, including offices and sales yards.
(2)
Eating and drinking establishments.
(3)
General retail use, including shops, furniture stores and equipment stores.
(4)
Medical and health services.
(5)
Salesrooms or shops of a builder, contractor or artisan.
(6)
Offices, business and professional.
(7)
Personal service establishments.
(8)
Real estate establishments.
(9)
Security and commodity brokers, dealers and services.
(10)
Hotels.
(11)
Motel or motor court subject to the provisions of § 200-30.
(12)
Apartments in accordance with § 200-31.
(13)
Day-care facility.
[Added 8-14-2023 by L.L. No. 3-2023]
C.
Permitted accessory uses, buildings and other structures shall be as follows:
(1)
Accessory buildings and structures customarily associated with the principal permitted use.
(2)
Off-street parking for commercial vehicles while loading and unloading, as required by § 200-34.
(3)
Off-street parking and automobile storage, as required by § 200-33.
(4)
Signs as permitted by § 200-38.
(5)
Temporary structures as permitted by § 200-41.
(6)
EV charging stations.
D.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 200-15 and 200-16 shall be as follows:
(1)
Temporary fairs, carnivals and circuses, subject to the additional provisions of § 200-25.
(2)
Theaters (motion picture and live) other than drive-in.
(3)
Repair and machine shops.
E.
Area, yard, height, parking space location, coverage and bulk requirements.
(1)
General. The area, yard, coverage and height provisions established by this section apply to all permitted uses in the GWB District for which special criteria are not established elsewhere in the chapter.
(2)
Minimum lot size is 20,000 square feet.
(3)
Lot dimensions; interior lots. Except as otherwise specified, the minimum frontage of an interior lot shall be 50 feet.
(4)
The build-to line shall conform to existing build-to line of adjacent properties and/or average build-to lines of adjacent structures to encourage a unified line of facades. The front yard setback shall be sufficient to accommodate a planting strip or sidewalk, as determined necessary by the Planning Board. In no event shall the front yard setback be more than 15 feet.
(5)
Rear yards. There shall be a rear yard of not less than 35 feet, except that in the case of through lots, the front yard requirement specified by Subsection E(4) above shall be observed on both streets.
(6)
Side yards. There shall be two side yards with a total width of 20 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
(7)
Height. No building shall exceed 45 feet in height or three stories, whichever is less.
(8)
Coverage. The maximum coverage shall be 35%.
(9)
Residential buffer. Properties abutting residential uses in a residential district shall provide a buffer along the property line of fencing, twenty-foot evergreen buffer, or combination of both.
F.
Entrances and exits upon public streets.
(1)
Number and spacing. To reduce conflicts between pedestrian and vehicular circulation, curb cuts should be limited to one per lot unless a traffic impact analysis justifies additional curb cuts. In no case shall there be more than one entrance and one exit per lot on any individual public street.
(2)
Width. No entrance or exit shall have a width greater than 25 feet.
G.
Landscape treatment. Landscape treatment shall be as determined by the Planning Board in accordance with § 200-29F.
H.
Outdoor storage. No goods or equipment shall be stored out-of-doors unless enclosed and screened from view by fences not less than six feet in height or vegetative screening in the discretion of the Planning Board. Retail businesses may display items for sale outdoors but such items may not be left out overnight.
§ 200-12 Neighborhood Mixed Use District (NMU).
[Amended 3-8-2004 by L.L. No. 1-2004; 2-7-2005 by L.L. No. 1-2005; 12-11-2023 by L.L. No. 4-2023]
The land uses most appropriate in this mixed-use district are either residential uses, commercial uses, or a combination of residential and/or commercial uses on the same lot. The commercial uses should be designed to service primarily the adjacent residential neighborhood and secondarily the Village. Such uses should supplement the commercial uses on South Broadway and Market Streets. All development to the district should be pedestrian friendly, with sidewalks and, where practical, a street facade consistent with the scale and appearance of the nearby Village streets and structures. Mixed uses may occur on adjacent lots or within a single lot or building such as residential use of the upper floor with commercial use on the first floor.
A.
Site plan approval. All new uses and changes of use in this district, except new one-family and two-family dwellings, shall be subject to site plan approval as provided by § 200-16. The design guidelines in § 200-16 will be applicable to all such site plan approvals to assure that the district maintains a traditional neighborhood appearance consistent with adjacent areas of the Village.
B.
Permitted principal uses, buildings and other structures shall be as follows:
(1)
Residential.
(a)
Dwellings, one-family.
(b)
Dwellings, two-family.
(c)
Dwellings, multifamily, maximum of six dwelling units per structure, subject to the provisions of § 200-31.
[Amended 2-14-2022 by L.L. No. 2-2022]
(d)
Townhouses, subject to the provisions of § 200-12I.
(e)
Senior housing, subject to the provisions of § 200-12G.
(f)
Live-work unit.
(2)
Municipal.
(a)
Municipal parks and recreational facilities.
(b)
Civic buildings.
(c)
Municipal monuments.
(d)
Municipal utilities.
[Added 9-12-2016 by L.L. No. 4-2016]
(3)
Commercial.
(a)
Bed-and-breakfasts.
(b)
Clinics, medical and dental.
(c)
Dry cleaners — no dry cleaning performed on site.
(d)
Family day-care facilities.
(e)
Health and fitness clubs.
(f)
Laundries.
(g)
Membership clubs.
(h)
Neighborhood groceries, delis and green grocers.
(i)
Child-care facility.
[Amended 8-14-2023 by L.L. No. 3-2023]
(j)
Personal service businesses.
(k)
Pet grooming and pet stores.
(l)
Professional offices.
(m)
Restaurants, not including fast-food facilities.
(n)
Retail, general.
(o)
Shoe stores, shoe repairs.
(p)
Studies for training in art, music, dance.
C.
Permitted accessory uses, buildings and other structures shall be as follows:
(1)
Accessory buildings and structures customarily associated with the principal permitted use.
(2)
Accessory dwelling, subject to the requirements of § 200-19.
[Amended 2-14-2022 by L.L. No. 2-2022]
(3)
Apartment, subject to the requirements of § 200-31.
[Added 2-14-2022 by L.L. No. 2-2022[1]]
[1]
Editor's Note: This local law also redesignated former Subsection C(3) through (11) as Subsection C(4) through (12), respectively.
(4)
Off-street parking for commercial vehicles while loading and unloading, as required by § 200-34.
(5)
Off-street parking as required by § 200-33.
(6)
Signs as permitted by § 200-38.
(7)
Temporary structures as permitted by § 200-41.
(8)
In a one-family dwelling, the keeping of not more than two boarders.
(9)
In the rear or side yard of a one-family or two-family dwelling, outdoor storage of not more than two of the following: boat, boat trailer, camp trailer or cargo trailer, any of which shall be only for personal use by a resident on the premises.
(10)
In the rear or side yard of a one-family or two-family dwelling, a private garage not to exceed two bays or open parking for vehicles owned by a person residing in or visiting the premises.
(11)
In the rear or side yard of a one-family or two-family dwelling, a playhouse with a maximum size side yard and the required type of foundation, or a shed.
(12)
EV charging stations.
[Added 7-13-2015 by L.L. No. 1-2015]
D.
Uses for which the Planning Board may issue a special permit in accordance with the provisions of § 200-15 and § 200-16 shall be as follows:
(1)
Carnivals, circuses and fairs, subject to the provisions of § 200-25.
(2)
Satellite dish antennas, subject to the provisions of § 200-37.[2]
[2]
Editor's Note: Former Subsection D(3), regarding commercial day-care facilities, which immediately followed, was repealed 8-14-2023 by L.L. No. 3-2023.
E.
Area, yard, coverage, height and bulk requirements.
(1)
No building or structure shall exceed 35 feet in height or 2 1/2 stories, whichever is less, except for church spires, civic buildings and monuments.
(2)
The maximum coverage of a lot shall be 40%.
(3)
The build-to line should conform, first to existing front yard setbacks established by the adjacent buildings of the particular street (immediate context). The minimum setback is to take into account a planting strip, planting space for street trees, streetlighting and sidewalks.
(4)
Commercial properties and/or mixed use residential/commercial properties are to conform to existing setbacks of adjacent properties and/or average setbacks of structures to encourage a unified line of facades.
(5)
All buildings and structures constructed on lots that abut nonbusiness districts shall be so located as to conform to the abutting district side yard and rear yard requirements.
(6)
The minimum lot size is 10,000 square feet.
(7)
All buildings and structures built on corner lots shall conform to § 200-32.
(8)
The maximum footprint for any structure on any lot is 2,000 square feet, and the maximum gross floor space for any structure is 4,000 square feet, provided that no more than two mixed use structures on one lot, each of which is subject to the foregoing maximums, may be connected by a connector, which connector shall not exceed a footprint of 500 square feet and floor space of 1,000 square feet.
(9)
The area of a mixed use building dedicated to residential use shall have a minimum of 600 square feet.
(10)
The foregoing bulk requirements shall not apply to senior housing developments pursuant to § 200-12G or townhouse developments pursuant to § 200-12I.
F.
Parking. In addition to the parking requirements in § 200-33, the following parking requirements and guidelines shall apply in this district:
(1)
To reduce conflicts between pedestrian and vehicular circulation, curb cuts shall be minimized, where feasible, by the use of alleys for vehicular ingress and egress and by combining adjacent parking areas. See § 200-33A(4)(a) and (b) for additional detail.
(2)
Adjacent parking areas may be combined to minimize the total amount of parking needed in each parking area to serve two or more businesses. See § 200-33A(4)(a) and (b) for additional detail.
(3)
Alleys with a maximum width of 15 feet are encouraged for access to parking lots behind buildings with multiple uses and for access to garages behind narrow lots and attached residences.
(4)
Parking may be provided between buildings when parking is screened from public thoroughfares by architectural elements and/or landscaping.
(5)
The Planning Board may require architectural drawings and landscaping plans as part of the site plan to assist in its review of parking.
(6)
When parking requirements of § 200-33 are not feasible, alternative parking layouts may be considered and approved by the Planning Board, if they are consistent with the purposes and requirements of the district.
G.
Senior housing. There is an increasing demand by persons of or nearing retirement age for dwelling accommodations in a developed, separate residential section inhabited by persons in similar circumstances and which have been designed and developed for such age group. Senior housing communities contribute to the dignity, independence and meaningful activity of older persons.
(1)
The bulk regulations for a senior housing project are as follows:
(a)
Maximum density: 20 beds per acre, 300 beds per senior housing building, and four occupants per dwelling unit.
(b)
Maximum height: 35 feet or 2 1/2 stories, whichever is less.
(c)
Minimum side yard: 20 feet.
(d)
Minimum rear yard: 50 feet.
(e)
Minimum front yard: See provisions of § 200-12E(3).
(2)
Accessory uses, structures or facilities are permitted for:
(a)
Health care.
(b)
Indoor and outdoor recreation, including, but not limited to, game rooms, saunas, spas and exercise/workout room.
(c)
Living and dining areas for common use of residents.
(d)
Central kitchens for food served in dining areas or distribution to individual dwelling units, but not to be used by residents for preparation of individual meals.
(e)
Off-street and on-site parking areas for cars shall provide 0.5 spaces for each seniors unit plus one visitor for every four seniors units. The parking area shall not be located more than 200 feet from the entrance to the dwelling unit it is designed to serve.
(f)
Personal service establishments, including, but not limited to, hair salon and laundry facilities.
(g)
Religious services.
(h)
Medical clinic.
(i)
Library.
(3)
All dwelling units and accessory units shall be occupied or used solely by:
(a)
Single individuals 55 years of age or older;
(b)
Married couples, at least one of whom is 55 years of age or older.
(4)
Usable open space for recreational uses, appropriate in location, nature and size, shall be provided at the rate of at least 200 square feet per dwelling unit. If, in the Village Planning Board's opinion, due to topography, ecological reasons, historical interest or any other unique conditions, additional open space should be preserved, such lands shall be set aside as open space and be so designated on the site plan.
(5)
All senior housing units shall be rented or leased. Each occupant shall certify in writing that the unit is for his/her primary residence. No subleases shall be permitted. Each developer of senior housing pursuant to this section shall certify to the Village that no subleasing will be permitted.
(6)
Within 30 days of occupancy, the owner or agent for each senior housing development shall certify the number of occupants to the Village Code Enforcement Officer, and update said certification upon any change in the number of occupants.
(7)
The applicant shall submit its proposed site plan to the appropriate fire/emergency vehicle departments for review and approval. Such approval shall be required prior to any final approval granted by the Village of Red Hook Planning Board.
H.
(Reserved)[3]
[3]
Editor's Note: Former Subsection H, regarding commercial day care, was repealed 8-14-2023 by L.L. No. 3-2023.
I.
Townhouses. Townhouses shall be permitted as of right, subject to the following criteria:
(1)
Specific development standards:
(a)
The minimum lot area shall be:
[1]
One acre for development of three to five units.
[2]
Two acres for development of six to 10 units.
[3]
Three acres for development of 11 to 15 units (for every five units beyond 15 units, another acre is required).
(b)
A grouping of townhouses shall not exceed 160 feet in length.
(c)
The minimum unit size shall be 750 square feet, and the average size of townhouses in any group shall be a minimum of 1,000 square feet.
(d)
The minimum lot width shall be 85 feet.
(e)
The minimum frontage per lot shall be 50 feet.
(f)
The minimum setback from street shall follow the provisions of § 200-12E(3).
(g)
The minimum distance between buildings shall be 22 feet.
(h)
The maximum height shall be 2 1/2 stories or 35 feet, whichever is less.
(i)
For each townhouse unit, there shall be 400 square feet of open space for each one-bedroom unit; 450 square feet of open space for each two-bedroom unit; and 500 square feet of open space for each unit containing three or more bedrooms.
(j)
There shall be a minimum of 0.5 parking spaces for each dwelling unit plus one visitor parking space per every three dwelling units.
(k)
Each townhouses shall be independently served by separate heating, air conditioning, sewer, water, electricity, gas or other facility and utility services wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such services or utility lines within another unit or on or in another townhouse, except as may be installed in public easement.
(l)
All units shall have access to a public or private street, except residences which need not front on a street but must have access thereto via a court, walkway or other area dedicated to public use or owned and maintained by a permanent resident non profit homes association or similar corporation.
(2)
Additional design guidelines for townhouse development:
(a)
Units should provide interest through the use of varying forms, architectural detail and positioning on the site while maintaining continuity as one project.
(b)
Units shall be oriented to create visual interest and variety. For units located on existing streets with existing street lines, orientation shall conform to the established build-to line and setback requirements and shall be integrated into the existing neighborhood fabric. For units located in large self-contained developments, buildings shall be set at angles from one another in order to avoid the "barracks" appearance and to create courtyards and/or shared public open spaces.
(c)
Architectural detailing, horizontal offsets, architectural window details and other features shall be provided on all sides of the building to avoid blank walls.
(d)
Vertical and horizontal elements should be used in contrast to one another.
(e)
Two or more distinct unit models should be required for projects with three to six units.
(f)
For projects with more than six units, a minimum of three distinct unit models should be required.
(g)
There should be provided on each townhouse lot at least 250 square feet of patio living area, exclusive of parking and service areas.
J.
The Planning Board is authorized to approve cluster development in the Neighborhood Mixed Use District, subject to the conditions and procedures set forth in § 7-738 of the Village Law, as amended. Where a lot or plat proposed for cluster development lies within both the Village and the Town of Red Hook, the Planning Board may include in its density calculation the portion of the lot or plat lying within the Town of Red Hook, provided that final approval of the cluster development by the Village Planning Board shall be conditioned upon final approval by the Town Planning Board of that portion of the development lying within the Town of Red Hook in a manner consistent with the cluster development approval by the Village Planning Board.
[Added 11-6-2006 by L.L. No. 5-2011][4]
[4]
Editor's Note: This local law was originally adopted as L.L. No. 2-2006, but was not filed with the state at that time. It was filed in 2011 and renumbered as L.L. No. 5-2011.
§ 200-13 (Reserved) [1]
[1]
Editor's Note: Former § 200-13, Land Conservation District, LC, was repealed 9-12-2016 by L.L. No. 4-2016.
§ 200-14 Light Industry Business District LIB.
A.
General. This zone is limited to the existing facility formerly used as the Baker's Chocolate Factory. The intent is to provide for multiple uses, including light industrial, storage and business uses, as set forth herein, in the existing building/site.
B.
Site plan approval. All uses impacting/changing the exterior features of the site, including but not limited to vehicle parking and loading, landscaping signage and pedestrian walkways and all special permitted uses, shall be subject to site plan approval by the Planning Board.
C.
Permitted principal uses, buildings and other structures shall be as follows:
(1)
Clubs, health and fitness, membership: see definition of "club, health and fitness" and "membership club."
(2)
Laboratories:
(a)
Dental.
(b)
Medical research.
(c)
Scientific research.
(d)
Engineering.
(3)
Bakeries.
(4)
Repair of parts/components for off-site installation and service.
(5)
Warehouse distribution, storage.
(6)
Motor vehicle sale with indoor display only, no servicing.
(7)
Service businesses (see definition of "service business").
(8)
Wholesale businesses (see Subsection I).
(9)
Motor vehicle sales and storage, licensed dealers only, inside only. Maintenance and preparation for the sales of vehicle will be allowed. Repair and/or warranty service shall be done off site.
(10)
Studios:
(a)
Art.
(b)
Photo.
(c)
Painting.
(d)
Sculpture.
(e)
Film.
(11)
Temporary uses for a period not to exceed four months (outdoor exhibits).
(12)
Training: education and institutional facilities.
(13)
Studios: private or commercial, photo, drawing, paint, sculpture, dance, etc.
(14)
Day-care facility.
[Added 8-14-2023 by L.L. No. 3-2023]
D.
Permitted accessory uses, buildings and other structures shall be as follows:
(1)
Accessory uses, buildings and other structures customarily associated with permitted principal uses or special permitted uses.
(2)
Off-street parking for commercial vehicles while loading as required by § 200-34.
(3)
Off-street parking and automobile storage as required by § 200-33.
(4)
Signs as permitted by § 200-38B.
(5)
Temporary structures an permitted by § 200-41.
(6)
EV charging stations.
[Added 7-13-2015 by L.L. No. 1-2015]
E.
Uses for which the Board of Appeals may issue a special permit.
(1)
Uses for which the Board of Appeals may issue a special permit in accordance with the provision of §§ 200-15 and 200-16 shall be as follows:
(a)
Service and installation of parts/components, on site.
(b)
Storage, outdoor, only as an accessory to a permitted or special permitted use; all materials may be enclosed/screened from view as approved by the Planning Board.
(c)
Motor vehicle service subject to provision § 200-36.
(d)
Laundries.
(e)
[1]Transportation terminals.
[1]
Editor’s Note: Former Subsection E(1)(e), regarding drive-throughs, was repealed 2-1-2014 by L.L. No. 1-2014. This local law also redesignated former Subsection E(1)(f) as Subsection E(1)(e).
(2)
In addition to the required manufacturing parking, there shall be a minimum of four spaces for the first 1,000 square feet of area devoted to sales and one additional space for every additional 150 square feet of sales area.
(3)
There shall be no outside storage of the merchandise relating to the store outlet.
F.
Landscape treatment. A property in an LIB district shall be planted as required by the Planning Board. Plantings shall include but not be limited to shrubs and trees; also as required in § 200-29.
G.
Area, yard, coverage, height and bulk requirements. There shall be no change in the existing lot dimension, yard, height, coverage or bulk without the approval of the Boards of Appeals.
H.
Performance standards. All uses shall meet the performance standards as set forth in § 200-12E. All uses shall meet the applicable regulations of New York State Department of Environmental Conservation and Village fire and building codes.[2]
[2]
Editor's Note: See Ch. 95, Building Construction and Fire Prevention.
I.
Retail store outlet where goods are manufactured on the premises.
(1)
Purpose. The intent of this section is to encourage the development of manufacturing product upon the premises.
(2)
Ten percent of available square footage per establishment shall be available for retail of goods manufactured on premises.
J.
Change of use. No change shall be made in the specific use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Code Enforcement Officer.