For the purposes of this chapter, the Town of Rhinebeck hereby establishes and divides the Town into the following zoning districts as illustrated on the Town of Rhinebeck Zoning Map.[1] The intent of the zoning districts is to guide both the conservation and development of the Town's land and water resources in harmony with the Town Comprehensive Plan, the Dutchess County Plan Directions, the Hudson River Valley Greenway Compact guidelines Greenway Connections, including consistency with the objectives of the Town's National Historic Landmark District and Local Waterfront Revitalization Program (LWRP), the Mid-Hudson Historic Shorelands Scenic District Management Plan and scenic roads programs, and any locally or state-designated protected resources and critical environmental areas. In addition to the zoning districts, this chapter also establishes overlay districts, which add additional requirements to protect identified natural and cultural resources or to encourage specific types of development. Small-scale housing developments for senior citizens have been addressed by this chapter through a floating zone, which is established through the zoning amendment process. The zoning districts are listed in tabular form as follows and are more explicitly described below that. Maps identifying the zoning districts can be found at the end of this article.

Historic Preservation (HP20). The Historic Preservation (HP20) District recognizes the importance of the community's historic properties, constituting Rhinebeck's portion of the Hudson River National Historic Landmark District, the most prestigious designation of historic resources in the nation. Its significance, in part, relates to the HP20 District's importance in American history and its significance as a landscape that inspired the Hudson River School of Painting, where "America's love of its landscape was born." The HP20 District contains numerous scenic viewsheds of importance and contributing National Register properties, many of which were designated for their nationally significant scenic and landscape qualities. The HP20 District has also been recognized with New York State's Mid-Hudson Historic Shorelands Scenic District designation, the Estates District Scenic Area of Statewide Significance, contains state scenic byways and a coastal zone area and is within the area designated by the federal government as an American Heritage River. It is also within the Hudson River Valley National Heritage Area and the state's Hudson River Valley Greenway. The views from the HP20 District to the west, with the Hudson River and the Catskill Mountains in the distance, are exceptionally desirable and continue to make this area an extremely important asset for Rhinebeck, New York State and the nation. Sensitive handling of all development in this area is crucial to maintaining the estate character that lends so much importance to Rhinebeck's nationally significant historic, environmental and scenic assets. Flexibility in the design of conservation developments is needed to preserve open space, to preserve the rural and historic estates character of the district and to respect the environmental and scenic resources contained there. These unique attributes also requires flexibility of open space ownership to be considered. The HP20 Zoning District has been designated as a sending area for the transfer of development rights to lands within the RA10 and RL5 Zoning Districts. The TDR program promotes preservation of historic resources, farmland, viewsheds and other important community resources (see Article V, § 125-64, for details).

Rural Agricultural (RA10). The Rural Agricultural (RA10) District recognizes the importance of the Hudson River National Historic Landmark District (as described above in the HP20 District) and locations where rural and agricultural lands have historically predominated. In addition to historically significant rural and agricultural lands, the RA10 District contains numerous scenic viewsheds of importance, contributing National Register historic and scenic properties, many of which were designated for their nationally significant scenic and landscape qualities. Portions of the RA10 District have also been designated within the State's Mid-Hudson Historic Shorelands Scenic District, the Estates District Scenic Area of Statewide Significance, and the RA10 District also contains state scenic byways and a coastal zone area and is within the area designated by the federal government as an American Heritage River. It is within the Hudson River Valley National Heritage Area and the state's Hudson River Valley Greenway. Sensitive handling of all development in this area is crucial to maintaining the rural and agricultural character that lends so much importance to Rhinebeck's historic significance. Development should be clustered in a flexible manner to preserve open space, to preserve the rural character of the RA10 District and to respect the environmental, scenic and agricultural resources contained there. These unique attributes also requires flexibility of open space ownership to be considered. The RA10 Zoning District, due to its location adjacent to the Village of Rhinebeck, has also been designated as a receiving area for the transfer of development rights from lands within the RA10 District as well as from lands in the HP20 Zoning District. The TDR program promotes preservation of historic resources, farmland, viewsheds and other important community resources (see Article V, § 125-64, for details).

Rural Countryside (RC5). The Rural Countryside (RC5) District recognizes the pattern of rural-density development in an area of the Town where significant environmental constraints are abundant. The purpose of the RC5 District is to maintain the Town's historic pattern of rural, forested and agricultural settlements, characterized by large expanses of open space and unspoiled views from the road, a scattering of residences, farms, and rural businesses, and clustered development surrounded by open space. Development should continue to be clustered to preserve open space, to preserve the rural character of the RC5 District and to respect the environmental, scenic and agricultural resources contained there. Flexibility in the design of conservation developments is needed to preserve open space and the rural and agricultural character of the district. These unique attributes also requires flexibility of open space ownership to be considered.

Residential Low Density (RL5). The Residential Low Density (RL5) District recognizes an area of limited rural residential development adjoining the Hamlet of Rhinecliff east of Morton Road. A continuation of residential uses in this area, if appropriately sited, will help preserve the sense of openness in existing scenic and agricultural areas, respecting the environmental sensitivity, aesthetic quality and the original 1863 hamlet subdivision plan. Conservation subdivision design is an appropriate method of addressing development in this district. The RL5 Zoning District, due to its location close to the Hamlet of Rhinecliff, has also been designated as a small-scale receiving area for the transfer of development rights from lands within the HP20 and RA10 Zoning Districts. The TDR program promotes preservation of historic resources, farmland, viewsheds and other important community resources (see Article V, § 125-64, for details).

Residential Medium Density (RM1). The Residential Medium Density (RM1) District represents most of the existing developed areas between the Village of Rhinebeck and the Hamlet of Rhinecliff along Rhinecliff Road. The RM1 District is intended to allow a continuation of more concentrated, medium-density residential development near the Village of Rhinebeck and where served by municipal central water and potentially common sewage facilities. If adequate land exists, development should be clustered using the conservation subdivision design process to preserve significant open spaces and foster pedestrian and bikeway linkages between residential neighborhoods and the business, service and recreational facilities located in the village and hamlet centers.

Neighborhood Residential (NR). The purpose of the Neighborhood Residential (NR) District is to continue to provide land for manufactured homes for permanent residents, thereby ensuring there can continue to be a diversity of housing types in the community. Maintaining a density of one dwelling per 6,000 square feet of land area is appropriate in the two locations where manufactured homes are found. The NR District on Route 9 should eventually link to the Community Business - South District on Route 9 through pedestrian and bicycle facilities only.

Village Gateway (VG). The purpose of the Village Gateway (VG) District is to allow for the development of residential neighborhoods within walking distance of the village where central water and sewer services are potentially available. This district is designed to provide a diversity of housing types in the community and to promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck. The district adjoins the northern gateway to the village on Route 9 and the western gateway to the village on Rhinecliff Road and Astor Drive where it is appropriate for compact village-like development at a density of one dwelling per 6,000 square feet of land area. Development in this district shall be guided by the design standards and guidelines in Article VIII for planned conservation neighborhoods.

Rhinecliff Hamlet (Rc-H). The Rhinecliff Hamlet (Rc-H) District recognizes Rhinecliff's importance as a mid-19th Century planned traditional neighborhood in the Town of Rhinebeck. Containing over 100 historic structures, Rhinecliff is a small center for civic life, culture and limited commercial activity. While Rhinecliff has some limited potential for growth, its historic character must always be preserved and protected. The hamlet's unique qualities of architectural design and scale demand that new development be in harmony with existing development, preserve the pedestrian character of the Hamlet, improve its visual character, protect residential uses and enhance the hamlet as a secondary cultural center for the Town.

Rhinecliff - Hamlet Transition (Rc-HT). The Rhinecliff Hamlet Transition (Rc-HT) District applies to property that has the potential to be adaptively reused for low-intensity mixed uses as a transition between the Rhinecliff Business and Rhinecliff Hamlet Districts. To maintain and protect the small-scale historic residential quality of this property, adaptive reuse is allowed, subject to conditions designed to protect the residential quality of the structures and those contiguous thereto, by retaining, strengthening, and enhancing their residential characteristics and ensuring that new low-intensity business uses respect the continuing residential uses.

Rhinecliff - Business (Rc-B). The Rhinecliff Business (Rc-B) District is intended to allow small-scale commercial uses to serve the local needs of the Rhinecliff Hamlet. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and to promote architectural design that is compatible with the overall historic character of the hamlet.

Business Park (BP). The Business Park (BP) District is intended to provide an area for orderly, attractive development of business clusters serving community needs in a manner which will not be detrimental to the surrounding residential areas. These clusters are to be accessed by a limited number of curb cuts along NYS Route 9G in order to minimize conflicts with through traffic and conserve the capacity of the roadway, where feasible, while avoiding environmental impacts. Curb cuts are to be minimized by encouraging vehicular linkages between establishments. Careful review of both site and architectural elements is needed in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck.

Crossroads Business (Cr-B). The Crossroads Business (Cr-B) District is intended to allow traditional small-scale business offices, cultural and farm-related retail uses at one of the busiest intersections in the community and that provide local neighborhoods with needed and desirable convenience goods and services in a manner which will not be detrimental to the surrounding residential areas. The Crossroads Business District is a major gateway to the rural Town and village where sensitive design of permitted and specially permitted uses is required. The uses permitted in this zone shall be limited to those which will primarily serve the local neighborhood, are consistent with the purposes for which this district was designed and do not detract from its uniqueness or contribute to a nationwide trend of standardized offerings. As the Cr-B District develops, new, expanded or redeveloped uses should enhance the quality of the built environment and promote architectural designs compatible with the rural, scenic, historic, and natural character of the community and should be consistent with a future roundabout at this intersection.

Community Business - North (CB-N). The Community Business - North (CB-N) District is intended to provide attractive development of business activities that serve community needs. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck.

Community Business - South (CB-S). The Community Business - South (CB-S) District is intended to provide a place for attractive development of business activities that serve community needs and that provide local neighborhoods with needed and desirable convenience goods and services in a manner which will not be detrimental to the surrounding residential areas. The uses permitted in this zone shall be limited to those which will primarily serve the local neighborhood, are consistent with the purposes for which this district was designed and do not detract from its uniqueness or contributes to a nationwide trend of standardized offerings and are an appropriate size for the community. The district is also intended to provide for limited infill development, in accordance with Greenway Connections Guide C1: Commercial Strip Redevelopment. Density bonuses are available for infill developments that adhere to the standards and guidelines found in Article VIII. A limited number of curb cuts along NYS Route 9 are encouraged to minimize conflicts with through traffic and conserve the capacity of the roadway, while providing linkages between business establishments on adjacent parcels. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck.

Gateway - South (Gw-S). The Gateway - South (Gw-S) District is intended to allow a place for small-scale professional, administrative and related office uses at the southern gateway to the village and Town. Restrictions on building height and lot coverage, coupled with careful review of both site and architectural elements, are intended to promote a scale and quality of development compatible with the rural and historic character of the community.

Gateway - East (Gw-E). The Gateway - East (Gw-E) District is intended to provide a place for small-scale retail farm and related uses at the eastern gateway to the village and Town. Restrictions on building height and lot coverage, coupled with careful review of both site and architectural elements is intended to promote a scale and quality of development compatible with the rural and historic character of the community.

Gateway - North (Gw-N). The Gateway - North (Gw-N) District is intended to provide a place for small-scale professional, administrative office and hospitality uses at the northern gateway to the Town of Rhinebeck. Restrictions on building height, setbacks and lot coverage, and minimizing access to Route 9G while providing linkages between business establishments on adjacent parcels are required through unified site design and careful review of both site and architectural elements. This district is intended to promote a scale and quality of new development architecturally compatible with the rural and historic character of the community.

General Business (GB). The General Business (GB) District is intended to provide a place for small-scale, local commercial uses on NYS Route 9 adjacent to the Village of Rhinebeck. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck.

Office Research Park (ORP). The Office Research Park (ORP) District is intended to provide a place for orderly, attractive development of office, commercial and light manufacturing uses along NYS Route 9G to increase tax base and employment opportunities within the Town. Large setbacks and a minimum of curb cuts shall be maintained in order to conserve scenic views and the capacity of Route 9G. Access to parcels shall be taken from Route 9G and a shared entrance shall be utilized unless deemed not feasible or safe as required by this Code. The concept of a feeder or service road shall be encouraged to carry out this objective while providing linkages between business establishments on adjacent parcels. Site plan controls, large setbacks, and extensive landscape requirements are intended to buffer adjoining residential properties. Careful review of both site and architectural elements is intended in this and other commercial districts to enhance the overall quality of site development and promote architectural design that is compatible with the overall historic character of the Village and Town of Rhinebeck.

Rail Transportation Corridor (RT). The Rail Transportation Corridor (RT) District applies to the lands occupied by the CSX corridor along the Hudson River. The Rail Transportation Corridor serves a local transit function but also carries international rail traffic. The scenic importance of the corridor, its potential for providing access and recreation on the Hudson River, and its prominent location in the Town's "front-yard" must never be altered to the detriment of the community.

Utility Corridor (UC). The Utility Corridor (UC) District applies to the lands occupied by Central Hudson's high-voltage electric transmission corridor through the Town. Some areas of the UC District are coincident with the LC-T District encompassing the Hucklebush rail right-of-way and other trail opportunities.

Land Conservation (LC). The Land Conservation (LC) District is intended to provide for conservation of natural and cultural resources, open space, agriculture, forestry and limited recreational use of the Town's most ecologically sensitive lands, including those most closely related to the principal watercourses and wetlands throughout the Town. The LC District also includes lands protected by conservation easements, dedicated to public use and enjoyment of the natural scenic qualities of lands, and those parcels dedicated to recreational or conservation and conservation-related uses.

Land Conservation - Streams (LC-S). The Land Conservation - Streams (LC-S) District is intended to provide for conservation of water resources, which represent some of the most sensitive environmental features found in the Town.

Land Conservation - Trails (LC-T). The Land Conservation - Trails (LC-T) District is intended to provide for conservation, open space and eventual public recreational use of the former Hucklebush rail corridor as shown on the Zoning Map. The Hucklebush rail corridor has been recommended as a multi-use trail corridor for over 30 years by the Town of Rhinebeck and is recommended as a trail corridor on the New York State Greenway Trails Plan. Development proposals should include reservation of the rail corridor area for future trail and open space use, but such proposals shall not be penalized for reserving the rail corridor acreage when calculating density. If public access or recreational use is not feasible on an individual parcel of land when development proposals are approved, then such proposals should include reservation of these lands for future conservation and open space use.

Civic (CIV). The purpose of the Civic (CIV) District is to recognize the value and contributions that existing civic, municipal and municipally sponsored uses make to life in the Town by permanent designation of their locations. Municipal and municipally sponsored uses may include the potential for affordable housing and other civic uses that enhance the community. All civic uses must conform to the zoning requirements, which include government buildings and other facilities.

Civic 2 (CIV2). The Civic 2 District delineates those lands where communications facilities and towers and solar energy installations of substantial benefit to the Town and its environs may be sited as principal uses in addition to the siting of those uses permitted by either right or special use permit within the Civic (CIV) District.

Rhinecliff Overlay (Rc-O). The Rhinecliff Overlay (Rc-O) District delineates an historic area that has grown with unique characteristics, creating a special identity for the entire Hamlet of Rhinecliff. The Rc-O District is intended to preserve the integrity of the hamlet through zoning requirements designed to protect its unique qualities. It is also intended that such zoning requirements regulate development and redevelopment, architectural design and scale, landscaping, streets and streetscapes, scenic views, signage, transportation and historic preservation. The Rc-O District is intended to encourage the continuation of uses that are in harmony with the small scale of the hamlet and the surrounding area (especially its unpretentious homes), to preserve and enhance the pedestrian character of the hamlet, to improve its visual character, protect residential uses and enhance the Hamlet as a secondary cultural center for the Town.

Neighborhood Infill Overlay (NI-O). The Neighborhood Infill Overlay (NI-O) District is intended to provide additional development in existing hamlet areas in the Town. Its purpose is to allow for more compact development than permitted within the underlying zoning district, on more traditional smaller lots of one acre, provided water and sewer services can be accommodated. The area and bulk regulations for the RM1 District, as shown in Article IV's District Schedule of Area and Bulk Regulations, shall apply to lots within the NI-O District.

Mining Overlay (Mi-O). The Mining Overlay (Mi-O) District delineates the areas within the Town of Rhinebeck where extractive operations and soil mining are allowed through special use permits, provided all requisite permits are obtained from the New York State Department of Environmental Conservation and the Town of Rhinebeck to conduct such activities.

Water Resources Protection Overlay (WR-O). The Town of Rhinebeck deems the protection of its surface water and groundwater resources to be an important public purpose and finds that, to the extent practicable, future development of the Town should minimize alteration of, or construction within, these significant environmental resource areas. In furtherance of this objective, the Water Resources Protection Overlay (WR-O) District is established on the Town's Zoning District Map to define the location of these water resources and to provide for their protection in the manner set forth in Article V, § 125-54, of this chapter.

Flood Fringe Overlay (FF-O). The Flood Fringe Overlay (FF-O) District encompasses those lands designated by the Federal Emergency Management Agency (FEMA) as a floodplain area with special flood hazards that has a one-percent chance of a flood occurring during any given year.

Active Senior Housing - Floating (ASH-F). The purpose of the Active Senior Housing - Floating (ASH-F) District is to enable the Town Board to permit, on a case-by-case basis, senior housing that satisfies the need for housing developments, located and designed to meet the special needs and habits of senior citizens, in locations where it will fully integrate with surrounding land uses. Senior housing can contribute to the dignity, independence and meaningful activity of senior citizens in their retirement years. It is recognized that housing for the elderly, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the occupants of such developments and to the Town at large. Senior citizens have different needs from the population as a whole. These needs often include support services, such as central food service, social services and referral consultation, medical services, housekeeping assistance and central laundry. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when a private residence is no longer appropriate. Senior housing developments can be integrated into existing residential neighborhoods if properly planned, constructed and maintained, but such developments shall never be separated from the community through the use of "gates" or "gatehouses." A senior housing development that blends into the existing fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole. The ASH-F provisions are contained in Article VI, § 125-68KK, but these provisions cannot be invoked unless a Zoning Map amendment has been approved in accordance with Article XII of this chapter.

Workforce Housing District - Floating (WH-F). A zoning district established for the purpose of fostering the Town's overall affordable housing objectives as set forth within the Town Comprehensive Plan and intended to be mapped on a site-specific basis by the Town Board in the Village Gateway (VG) District as a Workforce Housing (WH) District to enable development of a specific project meeting the affordable housing objectives and standards set forth within § 125-63 of this chapter. The application and review procedures to be followed by the Town Board in considering the establishment of a project-specific Workforce Housing (WH) District through reclassification of certain lands now classified within the Village Gateway (VG) District are set forth within § 125-64.4 of this chapter.

Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements, or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically adjusted if a center line or right-of-way line of such street, highway, public utility, or watercourse is moved a maximum distance of 50 feet by action of a person other than the owner of the affected land area.

Where district boundaries are indicated as approximately following the Town or village boundary line, property lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.

Where district boundaries are so indicated that they are approximately parallel to the Town or village boundary line, property lines, lot lines, right-of-way lines, or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning District Map or as shall be determined by use of the scale shown on said map.

Where a district boundary line divides a single lot of record in single or joint ownership at the time such line is established, the regulations for the less restricted portion of such lot may, at the owner's discretion and, with the exception of the Flood Fringe Overlay (FF-O), Land Conservation (LC), Land Conservation - Streams (LC-S), Land Conservation - Trails (LC-T), and Water Resources Protection Overlay (WR-O) Districts, extend not more than 35 feet into the more restricted portion, provided the lot has street or highway frontage in the less restricted district.

For the purposes of this section, the "more restricted portion" shall be deemed that district subject to regulations which:

In all other cases, where dimensions are not shown on the Zoning District Map, the location of the boundaries shown on said map shall be determined by use of the scale appearing thereon.

No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, moved, altered, reconstructed or enlarged for any purpose except in conformance with the regulations herein specified for the district in which it is located.

No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building.

No yard or lot existing at the time of the passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, with such lots established in full accordance with the requirements of the Town's Land Subdivision Regulations[1] and other land use controls.

No off-street parking or loading space required for one building or use shall be included as meeting, in whole or in part, the off-street parking or loading space required for another building or use except as otherwise provided for in this chapter.

No off-street parking or loading space shall be so reduced in area that it does not meet the minimum requirements of this chapter.

Except as otherwise provided by this chapter, there shall be no more than one principal building or use and its accessory structures or uses on any one lot within any residential district. This limitation, however, shall not be construed to prohibit the conduct of agriculture, conservation or forestry use in combination with another permitted building or use and its accessory structures or uses on any lot within any residential district except the Neighborhood Residential (NR), Village Gateway (VG) and Rhinecliff Hamlet (Rc-H) Districts.

Yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs except as special provision is made therefor.

The existing front, side and rear yards adjoining existing structures built prior to December 2009, one or more of which may be less in depth than the minimum setback set forth with Article IV, Area and Bulk Regulations, and therefore noncomplying, shall be considered grandfathered under this chapter. Additions or other improvements to such structures that may be proposed shall be authorized without requirement for area variance, provided that the addition or other improvement is no nearer any property line than the existing structure.

Unless stated otherwise, within each district, the requirements set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.