To guide development of the Town in accordance with the Town of Rhinebeck Comprehensive Plan, so that the Town may realize its potential as a place to live and to work, with the most beneficial and convenient relationships among the residential, commercial and mixed-use areas within the Town and with due consideration to:

To recognize and continue the rural development patterns that occurred in the Town before the advent of zoning by discouraging the development of greenfield sites, encouraging development and redevelopment of infill sites and allowing flexibility in the design of new development and ownership of open space.

To protect and manage the rural, scenic, natural and historic character of the Town.

To preserve the integrity, stability and beauty of the community and the value of the land.

To enhance the appearance of the Town as a whole, by ensuring that all development shall be orderly and beneficial to the Town, by eliminating inappropriate and poor quality design in the provision of site improvements and in the exterior appearance of structures, and by controlling the erection and maintenance of signs throughout the Town.

To protect residential areas and to provide privacy for families by the protection of such areas from, among other factors, the visual and noisome intrusion of nonconforming uses. Wherever reasonable and appropriate, nonconforming uses should be brought into compliance with this chapter to the extent permitted by law.

To facilitate the provision of transportation, water supply, sewage disposal, school, park and other public facilities and services as needed by the community.

To protect the character of specifically identified scenic and historic resources and sensitive environmental areas, including wetlands, floodplains and other water bodies, prime agricultural soils, and steeply sloped areas.

To facilitate the provision of affordable housing and a variety of housing choices for Rhinebeck's first-time homebuyers, seniors and work force, including retailers, laborers, school, hospital/health care, fire and law enforcement personnel and office workers, among others, and to take into account the requirements of special, diverse populations when addressing housing needs of the community.

To assure that the capital plans of all local, county and state agencies within the Town of Rhinebeck are in compliance with the Town of Rhinebeck Comprehensive Plan.

To promote and support implementation of the Dutchess County Master Plan "Directions," the Greenway Compact program and guidelines known as Greenway Connections, the state-designated Scenic District's Mid-Hudson Historic Shorelands Scenic District Management Plan, the Hudson Valley Scenic Roads Program, including the Scenic Roads Handbook, the Town of Rhinebeck Local Waterfront Revitalization Program, including guidance from the Department of State's Scenic Areas of Statewide Significance publication and other plans adopted by the Town of Rhinebeck.

To preserve all designated historic districts, buildings, sites and features for the enjoyment of present and future generations.

To achieve social, economic and cultural diversity within the community and to prevent the establishment of any "gated" residential development that is not fully integrated with the community.

To preserve the history and integrity of the Hamlet of Rhinecliff and ensure that its strong civic and cultural life is maintained.

To preserve and protect the Hudson River and its shorelands, and provide and protect visual and physical access to them.

To conserve lands suitable and necessary for agriculture and forestry.

To perpetuate the pattern of mixed uses and higher densities in the Village of Rhinebeck and the Hamlet of Rhinecliff, surrounded by low-density rural uses.

To preserve and protect open space and viewsheds, agricultural and forested lands and gateways, as Rhinebeck's housing stock is moderately expanded.

To ensure that all new development is pedestrian-friendly.

To plan all residential development to be appropriately in keeping with Rhinebeck's unique, small-town character and its historic and architectural heritage.

To conserve lands suitable and necessary for surface water and groundwater recharge, biodiversity and wildlife habitat.

To promote the viability of existing, locally owned businesses in Rhinebeck, and preserve and protect the village commercial center as a lively and active one.

To encourage new businesses in the Town that are built to human scale; provide employment for residents; and offer goods and services geared to their needs.

To retrofit existing, nonconforming commercial development over time, in order to respect Rhinebeck's small-town character and architectural heritage.

To encourage tourism in Rhinebeck at a scale that respects the Town's historic and rural character, making visitors feel welcome while respecting the primary needs of residents.

To continually explore opportunities for intermunicipal cooperation with Rhinebeck Village for such community services as police, fire, roads, sewage disposal, refuse and water supply.

To ensure that such elements of infrastructure as water supply, sewer and roads are built and maintained to be consistent with community ideals and values, as expressed in the Town Comprehensive Plan.

To work cooperatively to ensure that schools, libraries and other educational and cultural facilities and organizations are supported at the highest levels.

To maintain and enhance Rhinebeck as a center for diverse and inclusive recreational, civic and cultural activities.

To collaborate with public and private entities and work regionally with other communities to preserve the unique characteristics and special features of the Town.

The Town of Rhinebeck has adopted a Local Waterfront Revitalization Program (LWRP). The LWRP has been incorporated into the New York State Department of State's Coastal Management Program, with concurrence of this incorporation by the federal Office of Ocean and Coastal Resource Management (OCRM). In accordance with the LWRP, the Supervisor of the Town of Rhinebeck and the Town Board will be responsible for overall management and coordination of the LWRP. Each Town agency will be responsible for determining whether its actions are consistent with the LWRP. A Waterfront Advisory Committee (WAC), as presently constituted pursuant to Town Code Chapter 118 in its entirety of all appointed members of the Town's Conservation Advisory Board, has been and will continue to be appointed by the Town Board to make recommendations to the Town Supervisor, the Town Board and other responsible Town agencies involved in the financing, permitting or approval of projects within the Local Waterfront Revitalization Area (LWRA) concerning consistency of actions with the coastal policies. Actions within the LWRA include the demolition of historic buildings, which are addressed in Article V, § 125-62, of this chapter.

Whenever a proposed action is located within the LWRA, the local agency under whose jurisdiction that action falls shall, prior to approving or permitting, funding or undertaking the action, seek the advice of the WAC. The WAC's advice shall be presented in writing and include, along with its consistency recommendation, any suggestions for modifications the referring official or agency might consider that would make the proposed action more consistent with the LWRP or help advance the LWRP policies and standards.

Upon receipt of the WAC's report, the local agency with jurisdiction to approve or permit, fund or undertake the proposed action will consider the recommendations of the WAC and make its own determination as to whether the proposed action is consistent to the maximum extent practicable with the LWRP or, absent such a finding, either recommend or impose, as pertinent, modifications that would have to be incorporated in the proposed action to merit a determination of consistency with the LWRP.

If the agency determines that the action would cause a substantial hindrance to the achievement of LWRP policy standards and conditions, such action shall not be undertaken unless the agency determines with respect to the proposed action that:

Each agency shall maintain a file for each action made the subject of a consistency determination, including any recommendations received from the Waterfront Advisory Committee. Such files shall be made available for public inspection upon request.

Refer to the Use Table in Article III, Use Regulations, to determine the uses that are allowed in each district. The definitions found in Article XIII explain what many of the different use categories mean. The Table of Bulk Requirements in Article IV contains density requirements, setback, and other building and lot dimension standards relating to the development of lots.[1]

Articles V, VI, and VII contain regulations that apply to specific types of uses and structures, and the procedures used to apply for and obtain subdivision, site plan and special use permit approvals from the Town Planning Board. Article V also contains the energy efficiency and sustainable building practices required for building construction in the Town.

Article V, § 125-43, contains special conservation requirements and standards that apply to subdivision and other development in the Town. These requirements are in addition to the Town's Land Subdivision Regulations (See Chapter 101.).

Article VIII contains special form-based standards and guidelines that apply to the Village Gateway (VG) District, the Community Business South (CB-S) District, and for the Town's transfer of development rights program. Development within such districts and program is guided by the form-based design standards and guidelines in this article.

Article IX applies to nonconforming and noncomplying buildings, structures and uses. Article X stipulates the procedures for applying for building permits and certificates of occupancy, and the responsibilities of the Town's Code and Zoning Enforcement Officers. Article XI describes how to apply for variances from the Zoning Board of Appeals and the consequences of not complying with this chapter. Article XII explains the procedures required for amendments to this chapter, including establishment of an Active Senior Housing Floating District.

Article XIII provides definitions for important terms used in the Zoning Law. Readers should consult the definitions section to obtain a complete understanding of the Zoning Law.

Article XIV outlines the requirements for the reimbursement of professional consultant fees in the review of applications before the Town Board, Planning Board, and Zoning Board of Appeals. An escrow account shall be established for such purposes.

Appendix A contains complementary Design Standards adopted by the Town Board and considered an integral part of this chapter. The Design Standards are used in conjunction with Article VII to help applicants understand what is intended by the criteria for site design, building design, landscape and design of both lighting and signage. Their purpose is to clarify what is intended, thereby simplifying and speeding the site plan approval process.[2]

Appendix B contains a copy of the Town of Rhinebeck's 1987 Flood Damage Prevention Local Law.[3]

Appendix C contains two maps that identify the boundaries/locations for the various designations in Rhinebeck that have been made by the Town and other agencies such as the state-designated Mid-Hudson Historic Shorelands Scenic District, state-designated Hudson Valley scenic roads, locally designated scenic roads, the Town adopted and state and federal government approved Local Waterfront Revitalization Program boundary, the Hudson River National Historic Landmark District, other National Register of Historic Places districts and sites, and locally designated historic sites.[4]

No application for subdivision plat approval, site plan approval, special use permit, certificate of demolition or removal, change of nonconforming use, or variance pursuant to this Zoning Law shall be deemed complete for purposes of commencing review of the same by either the Planning Board or the Zoning Board of Appeals, as applicable, for any premises or property on which there is an existing violation of this Zoning Law or of any Town, county or state law or regulation governing building construction and/or the development and use of land, buildings and structures within the Town of Rhinebeck. This provision shall not be interpreted to prohibit the issuance of a certificate of demolition or removal if demolition or removal is deemed by the Code Enforcement Officer to be the reasonable means to remedy a condition determined by the Code Enforcement Officer to be an imminent threat to public health and safety.

No building permit, sign permit, certificate of occupancy or certificate of compliance shall be issued by the Zoning Enforcement Officer or Code Enforcement Officer for any premises or property on which there is an existing violation of this Zoning Law or of any Town, county or state law or regulation governing building construction, and/or the development and use of land, buildings and structures within the Town of Rhinebeck.

For purposes of this section, a premises or property shall be deemed to be in violation of this Zoning Law where a stop-work order, notice of violation, order to remedy violation or similar notice or order has been issued by the Town’s Code Enforcement Officer and/or Zoning Enforcement Officer in accordance with the provisions of the Code of the Town or Rhinebeck or the Town of Rhinebeck has filed a criminal or civil action in a court of competent jurisdiction and the violation which is the subject of the order, notice or legal action has not been remedied by the property owner. In the event the automatic stay provisions of § 125-111 of the Code of the Town of Rhinebeck, or § 267-a, Subdivision 6, of the Town Law, are invoked by timely appeal of any such order or notice to the Zoning Board of Appeals, the applicable Board or the Zoning Enforcement Officer can deem the application complete for purposes of commencing review but no final approval shall be granted by the Board until such time as the Zoning Board of Appeals has reversed the determination of the officer or the violation has been remedied. For purposes of this provision, remedy of a violation shall be deemed to have occurred when the officer who issued the order or notice has inspected the property and has notified the property owner in writing that the violation has been satisfactorily remedied.

Planning Board applications. Applications for subdivision approval, site plan approval and special use permit approval, which have been made to the Planning Board prior to the effective date of this chapter and for which the Planning Board has adopted a resolution granting final, conditional approval and said approval has not expired, shall be exempt from the provisions of this chapter, but shall be subject to the 1989 Zoning Law of the Town of Rhinebeck, Dutchess County, New York, as amended. On the effective date of this chapter, the Town Attorney shall certify a list of all subdivision, site plan and special use permit applications which shall be exempt. All other applications before the Planning Board, pending as of the effective date of this chapter, shall be bound by and subject to the provisions of this chapter.

Zoning Board of Appeals applications. Applications for area variances, use variances and other applications which have been made to the Zoning Board of Appeals prior to the effective date of this chapter and for which the Zoning Board has adopted a resolution granting final, conditional approval and said approval has not expired, shall be exempt from the provisions of this chapter, but shall be subject to the 1989 Zoning Law of the Town of Rhinebeck, Dutchess County, New York, as amended. On the effective date of this chapter, the Town Attorney shall certify a list of all area variance, use variance and other applications which shall be exempt. All other applications before the Zoning Board, pending as of the effective date of this chapter, shall be bound by and subject to the provisions of this chapter.