Rhinebeck Town City Zoning Code

Protect the community from traffic congestion and conflicts, flooding, and excessive soil erosion, unnecessary noise, lighting and odors, wasteful energy use and other forms of pollution.

Protect the community from inappropriate design and other matters of scenic and aesthetic significance.

Ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed.

Ensure that its impacts can be mitigated by compliance with reasonable conditions.

Ensure that new development conforms with the Town's planning goals and objectives as expressed in the Comprehensive Plan.

A preliminary site plan which demonstrates the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, stormwater management, signage, natural and cultural resource information as required herein, and the location and extent of existing development on adjacent parcels.

Preliminary building plans and elevations illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.

Payment of the applicable fees in accordance with the Town's fee schedule, established and annually reviewed by the Town Board, and with the escrow fee requirements found in Article XIV.

Either a short or full environmental assessment form (EAF), as required by SEQRA, Article 8 of the New York State Environmental Conservation Law and Title 6, Part 617 NYCRR. All applications made for lands within or contiguous to the Hudson River National Historic Landmark District, the Town of Rhinebeck National Register of Historic Places Multiple Resource District, or any building, structure or site listed individually on the State or National Register of Historic Places shall require the submission of a full EAF. Such lands are illustrated in the Town Comprehensive Plan, but applicants are on notice that additional properties in the Town may be listed on the State or National Register of Historic Places subsequent to adoption of the Comprehensive Plan. See Article VII, § 125-75C(2)(b) and (c), for additional information that may be required under SEQRA.

Certification by the applicant, in writing and on forms provided by the Town of Rhinebeck, that the information provided is "true and accurate to the best of my knowledge."

Any other information deemed necessary by the Planning Board to explain the nature of the proposed use, its potential environmental impacts under SEQRA, and its consistency with the standards established by this chapter for special permit uses.

By publishing at least five calendar days prior to the date thereof a legal notice in a newspaper of general circulation in the Town.

Posting. Notice shall be posted at least five days to the date of the hearing as follows:

By requiring notice of the public hearing and data regarding the substance and location of the special use permit application to the owners of all property abutting that held by the applicant and all other owners within 300 feet of the exterior boundaries of the land involved in such application or such additional distance as the Planning Board may deem advisable, or as otherwise required by state law. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Secretary.

By providing notice of the public hearing and data regarding the substance and location of the special use permit application to all involved agencies under SEQR at least 10 calendar days prior to the hearing.

If the land involved lies within 500 feet of a farm operation located in a New York State agricultural district, such owners shall be sent, at least 10 calendar days prior to the public hearing, an agricultural data statement on forms supplied by the Town of Rhinebeck and prepared by the applicant.

If the land involved in the application lies within 500 feet of the boundary of any other municipality, the applicant shall also mail, at least 10 calendar days prior to the public hearing, to the Municipal Clerk of such other municipality or municipalities, a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.

The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.

Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a special permit application.

In addition to compliance with all other applicable sections of this chapter, and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this section until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Zoning Enforcement Officer.

No certificate of occupancy shall be issued for any structure or use of land covered by this section until the structure is completed or the land developed in strict accordance with the Planning Board resolution of special permit approval and other applicable requirements of this chapter.

Any use for which a special permit may be granted shall be deemed a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit has been granted.

The Planning Board may require in its resolution of approval that a special use permit be renewed periodically, typically being for a period of three to five years and in consideration of land uses such as mining where jurisdiction is shared by the Town and a county or state agency. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been, or are no longer being, complied with. If the Zoning Enforcement Officer finds a violation of the special use permit, he or she may refer the application to the courts or to the Planning Board for further proceedings. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to revocation of the special use permit.

A special use permit shall expire if the use or uses cease for more than one year for any reason, if the applicant fails to obtain the necessary building permits, fails to comply with the conditions of the special use permit, or if the time limit imposed on certain special uses expires without renewal.

The granting of a special use permit in the Flood Fringe Overlay (FF-O) District shall not be held to constitute a representation, guarantee or warranty of any kind by the Town of Rhinebeck or by any official or employee thereof, or consultant thereto, regarding the practicability or safety of any structure or use or the proper functioning of the proposed facilities and plans and shall not be held to create a liability upon, or cause of action against, such public body, official or employee for any damage that may result pursuant to such development or use.

The two-family dwelling (by conversion) shall occur only through conversion of a one-family residence legally existing at the time of adoption of this chapter.

The two-family dwelling (by new construction) shall be considered a permitted use in all residential districts except the Rhinecliff Hamlet (Rc-H) District where it requires authorization by special use permit. In all residential districts:

The number of dwelling units located on a lot within the RM1 District shall not exceed two dwelling units for the first acre (i.e., the density otherwise applicable to two-family dwellings by conversion), and include not more than one additional dwelling unit for each additional acre of lot area. The number of dwelling units located on a lot within the RC5 District shall not exceed four dwelling units for the first five acres and include not more than one additional dwelling unit for each additional 2 1/2 acres of lot area. For multifamily dwellings in the Village Gateway (VG) Districts, the gross density, as defined in Article XIII, shall be employed to calculate the number of permitted dwelling units.

Adequate water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Rhinebeck and Dutchess County Department of Health, with sufficient engineering documentation provided to allow the Town and the Department to assess the adequacy of any existing facilities which are proposed for continued and expanded use. This may include the creation of a special district under Articles 12 and 12-A of New York State Town Law or connection to existing community facilities.

In zoning districts where multifamily dwellings are authorized by special use permit, the maximum number of units within a multifamily dwelling shall be six, including one unit which shall be set aside as affordable, as defined and regulated under the Town of Rhinebeck affordable housing program regulations found in Article V, § 125-63, of this chapter.

The multifamily dwelling shall be constructed to resemble a single-family dwelling, as illustrated by example in the photograph below of a four-unit multifamily dwelling designed to resemble a single-family farmhouse.

All applicable requirements of the New York State Uniform Fire Prevention and Building Code and the New York State Multiple Residence Law shall be strictly met.

The multifamily dwelling shall occur only through conversion of a one- or two-family residence and/or other habitable structure, legally existing at the time of adoption of this chapter.

The number of dwelling units located on a lot within the RM1 District shall not exceed two dwelling units for the first acre, i.e., the density otherwise applicable to two-family dwellings by conversion, and include not more than one additional dwelling unit for each additional acre of lot area.

The maximum number of units within a multifamily dwelling (by conversion) in the HP20 District shall be four. The maximum number of units within a multifamily dwelling (by conversion) in other zoning districts shall be six. The acreage required for such units shall be calculated as follows:

Adequate central water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Rhinebeck and Dutchess County Department of Health, with sufficient engineering documentation provided to allow the Town and the Department to assess the adequacy of any existing facilities which are proposed for continued and expanded use.

No individual multifamily structure shall contain more than six residential units, including one unit which shall be set aside as affordable, as defined and regulated under the Town of Rhinebeck affordable housing program found in Article V, § 125-63, of this chapter.

Not less than 65% of the land area on any multifamily lot shall be reserved and maintained as usable open space.

Expansion of the existing one- or two-family residence to accommodate the additional dwelling units shall be limited to a maximum of 650 square feet of gross floor area per unit.

All applicable requirements of the New York State Uniform Fire Prevention and Building Code and the New York State Multiple Residence Law shall be strictly met.

Off-street parking shall be provided in accordance with Article V, § 125-36, of this chapter.

The owner(s) of the one-family residence in which the accessory apartment is to be located shall occupy at least one of such units on the premises. Should the owner have a place of residence other than the premises for a period of more than six months, the special use permit shall become null and void, and the premises shall revert to its original permitted use which existed immediately prior to the issuance of the permit. Accessory apartments shall be clearly incidental and subordinate to the principal structure and shall not change the single-family residential character of the neighborhood.

If created through conversion of an existing structure, no exterior changes will be made which will alter or extend the existing foundation of the principal structure more than 25 square feet or cause the extended structure to encroach upon any required yard area.

The accessory apartment is self-contained, with separate cooking, sleeping, and sanitary facilities for use by the occupant(s).

Any additional exterior entrances, which may be created, shall be located at the side or rear of the structure.

The accessory apartment is subordinate to the principal residence and contains no greater than 35% of the total habitable space of the existing structure or 650 square feet in the RM1 District and 1,000 square feet in all other districts where accessory dwellings are permitted by special use permit, whichever is the more restrictive. "Habitable space" shall be as defined in Article XIII.

The conversion of any existing residence or construction of a new residence to accommodate all accessory apartments, as defined in Article XIII, is limited to one accessory dwelling unit per principal residence.

Each principal residence and accessory apartment is, at the time of conversion or new construction, on a single lot with lot area of not less than one acre for conversion and the required maximum net density for the district from the District Schedule Area and Bulk Regulations.[3]

Parking, as required for an accessory apartment/principal residence, is a minimum of two spaces per dwelling unit on site and is designed and located to be convenient without encroaching on any required yard or setback area. For new construction, all on-site parking, whether provided in a garage or consisting of surface parking in a driveway, shall be set back at least 10 feet from the front facade of the principal dwelling.

Approval has been granted by the Dutchess County Department of Health for any required on-site sanitary or water supply system, or, as may be applicable, a determination that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the accessory apartment on any premises where such conversion or new construction is proposed.

Either the principal dwelling unit or an accessory dwelling unit on the premises is owner-occupied.

If created through conversion of an existing structure more than 50 years old and containing historic architectural features, the conversion should be accomplished in a manner that preserves the historic architectural features of the structure. No exterior changes will be made which will extend the existing foundation of the accessory structure more than 100 square feet, cause the extended structure to encroach upon any required yard area or hide historic architectural features.

The accessory dwelling unit is self-contained, with separate cooking, sleeping, and sanitary facilities for use by the occupant(s).

The accessory dwelling unit contains a maximum of 650 square feet of habitable space (as defined in Article XIII) in the RM1 District, 900 square feet of habitable space in the RL5, RC5 and RA10 districts, and 1,200 square feet of habitable space in the HP20 District.

If created through conversion of an accessory structure, legally existing on the premises on or before the effective date of this chapter, the principal dwelling and accessory dwelling unit are, at the time of conversion, on a single lot with a lot area and lot width of no less than the minimum specified for the zoning district in Article IV, District Schedule of Area and Bulk Regulations.[4]

If created either through new construction or by conversion of an accessory structure which did not legally exist on the premises on or before the effective date of this chapter, the principal dwelling and accessory dwelling unit are, at the time of construction, on a single lot not less than 50% greater than the net density specified for the RM1 Zoning District in Article IV, District Schedule of Area and Bulk Regulations, and in all other zoning districts where detached accessory dwellings are permitted by special use permit on a lot in conformance with Article IV, the District Schedule of Area and Bulk Regulations. If created either through new construction or by conversion of an accessory structure which did not legally exist on the premises on or before the effective date of this chapter, the site plan shall contain a note that no further subdivision of the lot shall be permissible.

Additional accessory dwelling units, up to a total of four dwelling units on a single residential premises (i.e., one principal dwelling and a total of three accessory dwelling units), not more than one of which may be located within the principal dwelling, may occur by conversion of an accessory structure or structures legally existing on the premises on or before the effective date of the Zoning Law, provided that the lot meets the minimum required lot area for the density sought, as specified for the zoning district in Article IV, District Schedule of Area and Bulk Regulations. For example, in the RC5 District, a lot containing a total of three dwelling units (i.e., one principal dwelling and two accessory dwellings) would require 7.5 acres (net density) and a total of four dwelling units would require 10 acres (net density).

If more than two dwelling units are proposed to exist on a single residential premises, site plan review and approval shall be required in accordance with Article VII of this chapter.

If four dwelling units are proposed to exist on a single residential premises, at least one unit shall be set aside as affordable, as defined and regulated under the Town of Rhinebeck affordable housing program found in Article V, § 125-63, of this chapter.

If four dwelling units are proposed for new construction on a single residential premises, then the Planning Board shall consider the extent to which the requirements for conservation subdivision design, set forth in Article V, § 125-43G, have been met and the extent to which "green" site planning and architectural features are integrated into the project. Green features include but are not limited to solar heating and electricity, wind generation, green roofs, LEED certification, use of permeable pavers, rain gardens and other low-impact stormwater management designs, innovative sewage disposal techniques such as constructed wetlands (reed beds) and Clivus Multrums® or other acceptable composting toilets.

The accessory structure, whether proposed for conversion or created through new construction, meets the minimum setback requirements otherwise established for the construction of a principal structure within the zoning district as prescribed in Article IV, District Schedule of Area and Bulk Regulations.[5]

Parking shall be a minimum of two parking spaces for the principal dwelling and shall include one parking space for each accessory dwelling unit, designed and located to be convenient without encroaching on any required yard or setback area. All on-site parking, whether provided in a garage or consisting of surface parking, shall be provided set back at least 10 feet from the front facade of the principal dwelling.

Approval has been granted by the Dutchess County Health Department for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the water supply and sewage disposal facilities are adequate to accommodate the additional demands of the accessory dwelling unit(s).

If the lot containing three or four dwelling units is later subject to an application for subdivision approval, then the principal dwelling and the accessory structure(s) housing the accessory dwellings shall occupy an area that could be legally subdivided with the specified bulk regulations for the zoning district, as prescribed in Article IV, District Schedule of Area and Bulk Regulations.

A detached accessory dwelling unit created by new construction should appear related to the principal dwelling and resemble a garage or gatehouse or other traditional rural structure.

The principal dwelling on the premises is owner-occupied.

No more than one ECHO unit is permitted on a lot unless:

If any accessory dwelling units are present on the lot at the time of application for an ECHO or cottage housing unit, then the additional requirements of Subsection E(7) to (14) above shall apply.

The housing unit shall:

The Class 2 home occupation conforms strictly with the limitations specified within Article V, § 125-42, and to the definition found in Article XIII of this chapter.

The lot on which the Class 2 home occupation is proposed meets the minimum lot area and lot width requirements set forth in the Article IV District Schedule of Area and Bulk Regulations[7] for the district, and the accessory structure proposed to house the home occupation similarly meets all setback and related requirements set forth within this chapter.

The application is consistent with the following Town policies regarding the establishment or modification of any alternate care housing (ACH) facility within the Town of Rhinebeck:

The application is accompanied by a community impact statement providing, at a minimum, the following information for consideration by the Planning Board in its review of the special use permit and site plan applications:

The application is consistent with the following additional specific standards:

Any special use permit approval granted under this subsection is additionally subject to the licensing procedures and approvals of all appropriate state, county and regional agencies. A certificate of occupancy shall not be issued by the Code Enforcement Officer until copies of all such approvals have presented to the Town and have been reviewed by the Planning Board.

Any variation in the type of program, including treatment, any increase in the resident population and/or expansion or other modification of the physical plant shall require application to the Planning Board for consideration of a new or modified special use permit and shall, in accordance with this chapter, further require re-examination of the site plan by the Planning Board.

No burial or memorial plots or buildings shall be located closer than 50 feet to any residential lot line, except when a dense evergreen hedge or wall or landscaped strip at least six feet in height provides complete visual screening from all adjacent residential properties. Burial or memorial plots with headstones, monuments or other grave markers limited to less than six feet in height may be located as close as 25 feet to any residential property line. This provision shall apply to both new cemeteries and proposals for expansion of existing cemeteries.

All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and the Department of Health.

Minimum lot area shall be five acres if proposed on an existing lot of record that was lawfully in existence on the effective date of the Zoning Law.

For a house of worship proposed on a lot to be subdivided from a parent parcel, the minimum lot area, width and frontage shall be as specified for the applicable zoning district in Article IV, the District Schedule of Area and Bulk Regulations.[8]

Minimum lot area shall be three acres for a library or museum and six acres for a performing arts center, except in the GB, Rc-B, Rc-HT, and CB Districts, where a minimum lot area of one acre is required and the HP20 and RA10 Districts, where a minimum lot area of 20 acres and 10 acres, respectively, is required.

No building or parking area shall be located closer than 50 feet to any side or rear lot line in a residential district.

Except for the RM1 District, the maximum density for a nursery school or day-care facility shall be the same as the maximum density required per dwelling unit for the applicable zoning district. In the RM1 District, three acres are required for a nursery school or day-care facility.

The maximum number of children enrolled on a regular basis shall be 45.

Access to a nursery school or day-care facility with more than 15 children shall be from a state or county highway.

All buildings, parking and outdoor activity areas shall have a minimum setback of 250 feet from any adjoining residential property and 100 feet from any property boundary.

Specific plans for public address systems and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the institution that the features are both essential and will create no adverse effect on neighboring residential properties.

Copies of all licenses, permits or approvals from other state and local agencies shall be presented to the Planning Board for review prior to approval.

The educational institution shall be situated on and have direct access solely to a state and/or county highway.

Required area and bulk regulations are as follows:

Design requirements.

Minimum lot area shall be no less than 20 acres.

No building or parking area shall be located closer than 50 feet to any side or rear lot line in a residential district.

No on-site incineration shall be permitted, and all chemical, radioactive and other medical waste shall be disposed of in accordance with applicable New York State and federal requirements.

Access shall be from a state highway.

Minimum lot area shall be 25 acres.

No building or parking area associated with the outdoor recreational use or facility shall be located closer than 100 feet to any property line or within 250 feet of any existing neighboring residence. Any such building or parking area shall be effectively screened from all neighboring properties and public rights-of-way by an intervening landform or natural vegetation.

Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, which approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties.

No facility for active recreational use (e.g., trail, swimming pool, tennis courts, ball field or cross-country ski trail) shall be located within 100 feet of any property line. In no case shall motorized vehicles be permitted such as all-terrain vehicles (ATVs), go-carts, dirt bikes and similar motorized vehicles.

Access to the outdoor recreational use or facility shall be from a state or county highway or a through Town roadway other than a residential subdivision street.

No single building constructed or adaptively used in connection with an outdoor recreational use or facility, authorized under this subsection, shall exceed 6,000 square feet of gross floor area.

No restaurant shall be operated and maintained on the premises of any outdoor recreational use or facility authorized under this subsection. Food service shall be limited to vending machines and/or a snack bar; alcoholic beverages shall not be sold on the premises.

Except as may be further restricted by the Planning Board in its consideration of a specific application for a special use permit, hours of operation for any outdoor recreational use or facility authorized under this subsection shall be limited to the period from 8:00 a.m. through 9:00 p.m. daily.

No special use permit shall be granted for a rod and gun club unless such club is located on a lot having an area of not less than 150 contiguous acres.

No building or facility that involves the discharge of firearms shall be located closer than 500 feet to any property boundary, residential lot line, public trail or public park, public or private road, public right-of-way, publicly maintained road, or such greater distance as may be specified by the New York State Environmental Conservation Law, or other applicable laws or regulations. The Planning Board may modify the five-hundred-foot requirement for existing rod and gun clubs applying for special use permits, with due consideration to buffering available to surrounding residential uses, the noise generated at such club and the degree to which noise impacts have been mitigated in order to protect the public health, safety and welfare.

Rod and gun clubs shall implement the United States Environmental Protection Agency's Best Management Practices for Lead at Outdoor Shooting Ranges, using the most recent version of such manual, shall prepare and submit an environmental stewardship plan as recommended in the manual, and shall provide a copy of the EPA's certificate of recognition demonstrating that the club has prepared and implemented the environmental stewardship plan.

The discharge of tracer bullets is prohibited.

Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties.

No target range or other facility for the discharge of firearms shall be located closer than 900 feet to any property boundary, public trail or public park, public or private road, public right-of-way, or publicly maintained road, or such greater distance as may be specified by the New York State Environmental Conservation Law, other applicable laws or regulations. The Planning Board may waive the nine-hundred-foot requirement for existing rod and gun clubs applying for special use permits, with due consideration to buffering available to surrounding residential uses, the noise generated at such club and the degree to which noise impacts have been mitigated in order to protect the public health, safety and welfare.

Except as may be further restricted by the Planning Board in its consideration of a specific application for a special use permit, hours of operation for the discharge of firearms at any rod and gun club obtaining a special use permit under this subsection shall be limited to the period from 9:00 a.m. through 6:00 p.m. on weekdays or Saturday and from 12:00 noon to 6:00 p.m. on Sundays and state and federal holidays. No club activities involving discharge of firearms shall occur before sunrise or after sundown. Restrictions on the hours of operation shall not apply to hunting activities during New York State open seasons on wildlife species taken by gun.

To protect the health, safety and welfare of the community, sound levels measured at the property boundaries of a nonconforming rod and gun club (hereinafter "gun club") may exceed the Town of Rhinebeck noise control regulations found in Article V, § 125-58, of this chapter, provided they comply with the following procedures:

In its review of a rod and gun club special use permit, the Planning Board may be guided by, but shall not be bound by, the recommendations of the NRA Range Source Book: A Guide to Planning and Construction, published by the National Rifle Association of America, or by state regulations and guidelines, such as the State of Minnesota Department of Natural Resource's Outdoor Shooting Ranges: Best Practices, copies of which are available for review at the Town Clerk's office.

No alcoholic beverages may be served in conjunction with club activities or social functions involving or held in conjunction with the discharge of firearms.

The club activities shall be conducted exclusively for club members and their guests and shall not be available to the public on a daily fee or charge basis.

The harboring of more than four dogs on club property shall be prohibited unless the applicant applies for and receives a special use permit for the operation of a commercial kennel as may be permitted by this chapter.

Hunting may be conducted on club property only in season in accordance with the provisions of Article 11, §§ 11-0903, 11-0905 and 11-0907, of the New York State Environmental Conservation Law and the rules and regulations adopted thereto.

It is recognized that the operation of a rod and gun club in a residential neighborhood could have an adverse impact on the surrounding neighborhood. The extent of this impact will necessarily depend on factors such as the size of the property on which the club will be sited; the topography of the club property; the natural vegetation, screening and buffering existing on-site; the size of the club and the type and number of on-site activities involving the discharge of firearms; the location, layout and orientation of the various on-site club activities involving the discharge of firearms; the proposed hours of operation of the club; and the proximity of the club to existing residences.

Notwithstanding anything to the contrary, rod and gun clubs lawfully in existence as of the enactment of the Zoning Law shall continue to be lawful nonconforming uses in the RC5 District, subject to Article IX.

In addition to those materials required by Article VI, § 125-67, and Article VII, § 125-73, of this chapter to be submitted with any application for a special use permit and site plan approval respectively, an applicant for a rod and gun club special use permit shall submit the following additional materials:

The membership club is located on a lot meeting the minimum requirements of the District Schedule of Area and Bulk Regulations for the district,[10] but in no case shall the lot be less than three acres.

No building or parking area shall be located closer than 100 feet to any side or rear lot line.

Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties.

Minimum lot area shall be 50 acres.

No activity area, recreational facility, building or other structure shall be closer than 100 feet to any residential property boundary.

Water supply and sewage disposal facilities shall satisfy all applicable requirements of the Dutchess County Health Department.

Copies of all licenses, permits or approvals from other state and local agencies shall be presented to the Planning Board for review prior to approval.

Specific plans for public address systems and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties and will be in compliance with the Town of Rhinebeck noise regulations at Article V, § 125-58.

An application for a special use permit to operate a children's camp or adult day camp shall be made at least 90 days before the first day of operation. The application shall include a written health and safety plan in accordance with applicable state and county agency requirements. The plan shall be reviewed annually by the camp operator, and submitted annually to the Zoning Enforcement Officer, to maintain compliance with the special use permit.

Adequacy of on-site parking for staff, campers and visitors shall be demonstrated.

Minimum lot area shall be five acres.

All material storage shall occur in wholly or semi-enclosed (i.e., roofed) structures. There shall be no outdoor display of goods, outdoor storage of materials, or outdoor storage of equipment in the front yard nor shall such goods, materials or equipment be placed in front of the principal building.

The entire site shall be screened by natural vegetation and other suitable visual buffering, with special attention to outdoor storage areas, as determined necessary by the Planning Board.

Building material supply and sales, including lumberyard, shall comply with Article VIII, § 125-87B, of this chapter for the CB-S District.

Kennels shall comply with the Town of Rhinebeck noise control regulations found in Article V, § 125-58, of this chapter.

Kennels shall comply with the landscaping requirements of Article V, § 125-57, of this chapter.

Indoor enclosures in the form of caging or housing systems shall be provided for dogs. Use of outdoor caging, runs or pens by dogs shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily.

Kennels should comply with the Companion Animal Care Guidelines of the American Veterinary Medical Association.

The application for a boarding kennel shall comply with the following additional standards:

The permitting of conference center facilities shall facilitate the development of a large parcel in low-intensity, nonresidential use, while preserving buildings and/or natural areas, which are unique to the area and an asset to the community. Small-scale conference facilities are also permitted, subject to more restrictive requirements herein under Subsection V(8) below.

The following requirements shall be satisfied:

The maximum floor area shall not exceed 5% of the land included in the project proposal.

Unique natural areas and open spaces such as bays, streams, ponds, marshes, steeply sloped areas, woodlands, etc., shall be preserved.

The development shall be found to be in harmony with the Town Comprehensive Plan.

The minimum lot area shall be 100 acres for the first 40 guest rooms, plus an additional 2 1/2 acres for each additional guest room. The maximum number of rooms in a conference center shall be 80. Applicants proposing adaptive reuse and/or rehabilitation of structures listed on the National Register of Historic Places may be eligible for a bonus of up to 10% in the number of guest rooms, provided such adaptive reuse and/or rehabilitation complies with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

Specific plans for public address systems, amplified music, and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties, will be in compliance with the Town of Rhinebeck noise regulations at Article V, § 125-58, and will be in harmony with the rural, historic and scenic character of the district in which they are located. The specific plans for public address systems, amplified music, and/or outdoor lighting shall be subject to such additional restrictions deemed appropriate by the Planning Board.

Where the Planning Board finds that small-scale conference centers are appropriate in the HP20 and RA10 Districts for the preservation of historic buildings, as defined in Article XIII, the following specific standards shall be complied with:

The maximum gross floor area shall not exceed 2,000 square feet.

Delicatessens shall not dispense or sell fuels to the motoring public.

Delicatessens shall:

The maximum gross floor area shall be 40,000 square feet.

Food and grocery stores shall comply with Article VIII of this chapter.

No such establishment shall be located within 200 feet of any school, church, public library, theater, hospital, park, playground, or other public gathering place designed for occupation by more than 50 people.

The area of use by motor vehicles, including display and storage, except access drives thereto, as well as any structures, shall not encroach on any required yard area, with it further provided that no building shall be erected closer than 50 feet to any street or lot line, or such greater dimension as required by Article IV of this chapter.

Gas stations shall be limited to four pump stations as defined herein, each located in a secondary position to the primary building, with all pump stations and canopies located at the rear of the building.

No pump station or associated canopy structure shall be located within 25 feet of any side lot line or within the required front yard. Connect the canopy structure with the primary building whenever possible and coordinate the roof design and supports. The station layout shall eliminate the necessity of any vehicle backing out onto a public right-of-way.

The station or facility shall reflect the traditional architecture of the community in building and roof forms, window proportions, materials, colors and details. All four sides of the building shall be designed with windows and other architectural features to avoid visible blank walls.

Pedestrian entrances should be provided on the street side of the building and pedestrian connections shall be provided to surrounding properties and the street.

Entrance and exit driveways shall total no more than two in number and shall have an unrestricted width of not less than 24 feet nor more than 30 feet, and be located no closer than 15 feet to any side lot line.

Gasoline or flammable oils in bulk shall be stored in accordance with New York State DEC Part 614 regulations, and may not be closer than 25 feet to any lot or street line.

All major repair work, storage of materials, supplies, and parts shall be located within a structure completely enclosed on all sides, not to be construed as meaning that the doors on any repair shop must be kept closed at all times. Service doors for vehicles shall open at the rear of the building.

No inoperative motor vehicle shall be kept on the premises for longer than 14 calendar days, except in instances where necessary repair parts have been ordered and delivery is awaited or wherever legal title is needed for removal (abandoned vehicles).

In addition to other landscaping requirements established by this chapter, suitable year-round buffering and landscaping shall be provided in all rear and side yards through a mix of deciduous and evergreen plantings.

There shall be no outdoor storage or display of either materials or products.

No gas station shall be located within one mile of another gas station.

Gas stations shall not be accessory to any other use.

The minimum lot area shall be 10 acres for the first 16 guest rooms, plus an additional 6,000 square feet of lot area for each additional guest room provided. The maximum number of guest rooms shall not exceed 60.

All uses integral to the hotel or motel development shall either be clearly accessory to the hotel or motel, as defined within Article XIII of this chapter, or shall be permitted uses or special permit uses within the zoning district in which the hotel or motel development is proposed.

Integral accessory uses shall generally be limited to the following:

Maximum structure coverage, including all principal and accessory structures, shall not exceed 15% of lot area or that maximum lot coverage stated in the Article IV District Schedule of Area and Bulk Regulations,[12] whichever is more restrictive.

The minimum setback for any structure, parking lot or other outdoor facility from any property line adjacent to a residential zoning district shall be 100 feet.

The minimum frontage of the site on a public highway shall be 400 feet.

In the Gateway North (Gw-N) District, the setback from Route 9G shall be 200 feet.

Minimum lot area shall be five acres.

The maximum number of horses permitted shall be limited to the keeping of one horse per acre of lot area.

No building in which animals are housed, riding rings, and manure storage areas shall be located within 200 feet of any residential dwelling, lot line or street right-of-way.

Front, rear and side yard areas shall be landscaped and natural screening shall be provided, where necessary, to harmonize with the character of the neighborhood.

A manure management plan shall be provided for review and approval by the Planning Board.

Conventional subdivisions may qualify for a special use permit if the applicant demonstrates to the Planning Board how and why a conventional subdivision development layout better fulfills the policies and goals of Rhinebeck's Comprehensive Plan, compared with a conservation subdivision development, as outlined in Article V, § 125-43, of this chapter.

The applicant shall clearly demonstrate the advantages of a conventional subdivision layout to the Planning Board with respect to protection of productive farmland, upland habitats such as meadows and woodlands, scenic viewsheds, rural character, historic structures, water quality and other natural and cultural resources as stated in the Town's Comprehensive Plan.

The additional standards stated in Subsection Y of this section for gas stations or automobile service facilities shall be strictly met.

Displays used to advertise the sale of an auto or for general sales events shall be limited to one dealer/manufacturer informational sign per auto no larger than 8 1/2 inches by 11 inches in size.

Small equipment rental or sales and large equipment rental or sales material storage shall occur in fully enclosed structures. There shall be no outdoor display of goods, outdoor storage of materials, or outdoor storage of equipment.

Large equipment rental or sales requires a front yard setback of 200 feet.

All uses subject to issuance of a special use permit within the Rhinecliff Hamlet (Rc-H), Rhinecliff Business (Rc-B), and Rhinecliff Overlay (Rc-O) Districts are subject to the additional requirements of Article VI, § 125-69.

All uses subject to issuance of a special use permit within the Rhinecliff Hamlet Transition (Rc-HT) District are subject to the additional requirements of Article VI, § 125-70.

A contractor's yard or establishment shall only be permitted on a lot which is the actual residence of the owner of such business. Within any residential district where a contractor's yard or establishment is permitted by special use permit, such use shall be clearly accessory and incidental to the principal residential use of the premises and shall occur wholly within enclosed structures similar in scale and appearance to residential structures, barns or agricultural structures. No employees shall routinely work at the premises.

Within any residential or nonresidential district, such use shall be located on a lot with a minimum area of 10 acres.

The applicable screening requirements set forth in Article V, § 125-48, of this chapter are strictly met.

A contractor's yard or establishment must demonstrate compliance with Subsection ZZ of this section to the greatest extent practicable.

Unenclosed or semi-enclosed activity by a contractor's yard or establishment may be authorized only within a nonresidential zoning district. No such use shall occur within any required yard area as set forth in the District Schedule of Area and Bulk Regulations[14] nor closer to the front property line than the principal building on the premises. All vehicle maintenance, material storage and any fabrication or related activities shall occur within wholly enclosed structures.

To the extent deemed necessary for the protection of public health and safety, link or similar fencing of any unenclosed or semi-enclosed activity area may be required by the Planning Board.

Processing of materials is prohibited on the site.

Retail sales are prohibited on the site.

The proposed operation is consistent with the Town's Comprehensive Plan.

Minimum site area shall be 10 acres. Extractive operations and soil mining shall be restricted to the area identified within the Mining Overlay District on the Town of Rhinebeck Zoning Map.

The extractive operation or soil mining activity shall be restricted to the removal of stone, gravel, soil, shale, topsoil, sand or other natural unconsolidated earthen material. No stone crushing or the mixing of stone and gravel with asphaltic oils or other binders shall be authorized. Materials shall not be imported from other locations to the site for processing or resale.

All applicable provisions of the New York State Mined Land Reclamation Law and other state and federal regulations shall be fully complied with.

Ingress and egress to Town roads shall be controlled by the Town.

Routing of mineral transport vehicles on Town roads shall be controlled by the Town.

Fees for the special permit and site plan approval and an inspection fee based upon the proposed annual yield in cubic yards shall be payable in accordance with the standard schedule of fees of the Town of Rhinebeck.

The New York State Mined Land Reclamation Law establishes that the state is responsible for the regulation of both mining and reclamation for operations that extract 1,000 tons or 750 cubic yards or more of a mineral during 12 successive calendar months. State regulation begins at 100 cubic yards for mining from a water body. The New York State Department of Environmental Conservation (DEC) is the entity responsible for administering the permits for mining applications of this magnitude. It is the Town's intent to provide input on the conditions that should be included in DEC mining permits issued for operations located within the Town of Rhinebeck and to assist in the enforcement of any resulting DEC mining permit conditions, as permitted by the State's Mined Land Reclamation Law.

The following procedure shall apply for the approval of special use permits for mining operations requiring a DEC permit, not previously approved:

For all mining operations not requiring a DEC mining permit, the normal procedures for special use permit review and approval outlined in § 125-66 shall be used and the following special use permit conditions shall apply:

The station or structure shall, wherever practicable, have the exterior appearance of a principal or customary accessory building on a residential premises.

Suitable landscaping, including screening from public roadways and neighboring residential properties, is provided.

Public or franchise utility station or structures shall be subject to such additional conditions as the Planning Board may impose in order to protect and promote the health, safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.

The warehouse has a front yard setback of 250 feet.

The setback shall remain in its natural condition and/or be attractively landscaped to the satisfaction of the Planning Board, so that the warehouse buildings are not visible from the road.

The warehouse shall comply with Subsection ZZ of this section, the Town's Design Standards (see Appendix A[15]).

The farm market shall be operated as an accessory use to the principal agricultural use on the farm and shall only be for the use of the farmer-applicant.

The farm market shall not exceed 2,000 square feet of floor area for each 20 acres of farm property used in agricultural production and/or animal husbandry. The farm market shall consist of a single story. Nothing herein shall preclude the use of a legally existing agricultural accessory building on a farm for this use, provided that no greater area than the foregoing is used as a farm market unless the farmer-applicant can demonstrate that such additional square footage are shown to be necessary to the proposed farm market operation and will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties and will not have an adverse impact on the physical or environmental conditions of the neighborhood or district.

At least 25% of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural or farm products shall be grown, raised or produced on the farm on which the farm market is located. Processed food, where the majority of the ingredients are grown on the farm, shall be considered part of the 25% minimum; these include but are not limited to baked goods and mixes, eggs, dairy products, juice, preserves, syrups, vinegars and salad dressings. The farm market may sell farm products grown or processed regionally (i.e., within the State of New York), provided that said products do not exceed 75% of the total annual retail sales of the farm market. A maximum of 25% of the total annual retail sales may be in agricultural products grown or processed outside the State of New York. No other grocery items, or products not listed here may be sold. Receipts and records of product purchases must be kept by the farmer-applicant.

The farm market may sell food prepared on premises, using primarily agricultural and farm products sold at the farm market.

The farm market may sponsor and conduct farm and harvest festivals on site, provided that the number of festivals each year is not greater than 12, no carnival-type rides are utilized, the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers, and if the festival involves 500 or more attendees, a mass gathering special use permit pursuant to Chapter 83 of the Town Code is secured prior to the event(s).

A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 20% of the gross floor area of the farm market.

All ATM banking machines shall be located within the interior of a building, whether such building consists of a banking institution or is located in a building or facility whose primary purpose is unrelated to banking activities.

In no case shall an ATM machine be located in a facility open to the outdoor air or any defined parking area so as to require compliance with the New York State ATM Safety Act.[16] The ATM Safety Act requires minimum lighting standards that exceed the Town of Rhinebeck's lighting regulations found in Article V, § 125-56.

Active Senior Housing - Floating (ASH-F) Districts are established in accordance with the procedures for zoning amendments found in Article XII of this chapter. An Active Senior Housing District is established only after the provisions contained herein are considered and a Zoning Map change has been approved by the Town Board.

Application procedures for approval of a senior citizen or elderly housing development are set forth herein at Subsection KK(18) below.

The development area required shall be a minimum of 40 contiguous acres within the RA10 District, 30 contiguous acres within the RC5 District, and 20 contiguous acres within the VG District. Regardless of the zoning district or the minimum acreage requirement, the maximum number of dwelling units within an individual senior citizen or elderly housing development shall be 120 dwelling units. A minimum of 10% of the total number of development units shall be provided on-site within the active senior housing development and permanently dedicated as affordable housing units, as defined and regulated under the Town of Rhinebeck affordable housing program found in Article V, § 125-63, of this chapter.

The site shall be provided with water supply and sewage disposal facilities, through creation of new or connection/expansion (as appropriate) of existing community water supply and sewage disposal facilities in accordance with the requirements of the Town of Rhinebeck, the Dutchess County Department of Health and the New York State Department of Environmental Conservation. The applicant shall bear the full responsibility of providing for the water supply and sewage disposal needs of the development.

The development shall be designed and clustered following the four-step design process for conservation subdivisions found in Article V, § 125-43G(3), of this chapter, to provide a conveniently serviced development pattern and to provide usable open space for the development's residents. The Town Board shall prescribe the minimum amount of open space for each Active Senior Housing - Floating District created, but in no case shall there be less than 50% open space within any senior housing development as defined herein.

One-and-two-tenths off-street parking spaces shall be provided for each senior citizen or elderly dwelling unit.

The minimum front, side and rear yards otherwise applicable to either building or parking area improvements with the respective underlying zoning district in which the senior citizen or elderly housing development is situated (i.e., prior to establishment of the Active Senior Housing - Floating District) shall be doubled, i.e., increased by 100%.

Maximum impervious coverage, including all principal and accessory structures, shall not exceed 15% of lot area.

Senior citizen or elderly housing developments shall be integrated into existing residential neighborhoods and shall be as compatible as practical with the design of the surrounding neighborhood.

First preference for dwelling units in a senior citizen or elderly housing development shall be given to existing residents of the Town of Rhinebeck, with second preference given to other residents of Dutchess County, and then to all others, as permitted by law. A valid photo identification card such as a New York State driver's license, a New York State non-driver photo ID card, or a voter registration card will be accepted as proof of residency.

Available support services and facilities provided may include, but are not necessarily limited to, the following:

Not less than 25% of the dwelling units within the senior citizen or elderly housing development shall be designed to be adaptable as suitable, convenient living environments for handicapped persons. Furthermore, the project site and all primary entrances, hallways and entrances to individual units shall be wheelchair- and handicapped-accessible.

The occupancy for a senior citizen housing development shall be limited to persons who are 62 years of age or older, with the following exceptions:

Senior housing sites shall provide residents with reasonable access to such conveniences and facilities as public transportation, hospital and medical services, shopping, check-cashing facilities, drugstores, religious, cultural and recreational facilities and personal services.

Sites shall emphasize pedestrian circulation and shall provide a safe and reasonable system of drives, service access and parking conveniently accessible to all occupants. Sidewalks shall link parking lots, transit stops and buildings on site and with adjacent properties.

Exterior architectural features shall be of a quality, character, compatibility and appearance that is in harmony with the surrounding neighborhood and the Town of Rhinebeck. The Planning Board shall be responsible for the review and recommendation of such exterior architectural features.

Exterior areas shall be attractive and encourage outdoor activities and social interaction. Each dwelling unit shall contain a minimum of 65 square feet of outdoor common area per person and shall include seating accommodations in such common areas. All outdoor tables must allow a minimum of 29 inches from the ground to the underside of the top of the table to accommodate the arms of wheelchairs. Outdoor common areas shall be well-defined by landscape plantings and shall be linked to the natural open space of the site.

Application procedures for senior citizen or elderly housing developments are set forth as follows:

A minimum lot area of 20 contiguous acres is required for a Country Inn 1.

The minimum number of guest rooms in a Country Inn 1 shall be six, and the maximum number of guest rooms in a Country Inn 1 shall be 12.

Accessory recreational uses may include tennis, riding stables (see Subsection AA above for additional requirements of a riding facility), swimming pool, hiking trails, Par 3 golf, cross-country skiing and similar low-impact facilities, such recreational facilities limited to guests of the country inn.

Access to a Country Inn 1 shall be from a state, county or through Town road.

Country Inn 2 provides for commercial hospitality uses consisting of lodging units in spacious settings that are principally intended for vacationing, relaxation, and conference activities. Commonly incidental recreation-oriented uses, including spa facilities, horseback riding facilities, and hiking, swimming, tennis and other similar outdoor activities are an integral part of this use. Extended vacation and recreation-oriented uses are permitted. Private hospitality membership club(s) that are private member-only whether by virtue of a rewards club or buy-in shall be permitted, subject to equivalent type and quality for food and beverage operations being available for general public use, and all area residents having the ability to become members without regard to race, color, religion, sex, national origin, age, marital status, sexual or gender orientation, or political affiliation. In no event shall a lodging unit be used as a primary residence.

Facilities that may be contained within the Country Inn 2, in addition to lodging units, include but are not limited to a restaurant, library, reception facilities, conservatories, health spa, banquet facility, child care to accommodate guests, game rooms, athletic facilities, business and/or meeting rooms, retail sales incidental to the uses provided, and the various support functions such as laundries, kitchens and administrative offices.

Accessory buildings may include but are not limited to stables, barns, retreat buildings, clubhouses, athletic-related structures to support permitted outdoor activities and maintenance structures. Temporary and/or seasonal structures for events require Planning Board approval.

A maximum of 100 lodging units are permitted without a bonus. Applicants proposing adaptive reuse and/or rehabilitation of structures listed on the National Register of Historic Places shall be eligible for a bonus of up to 15% in the number of lodging units, provided such adaptive reuse and/or rehabilitation complies with Article V, § 125-62G, of this chapter. With a bonus, a maximum of 115 lodging units shall be permitted within a Country Inn 2.

A maximum of 135 guest rooms are permitted without a bonus. Applicants proposing the provision of publicly accessible hiking trails or similar facilities as determined by the Planning Board, shall be eligible for a bonus of up to 15 guest rooms. With a bonus, a maximum of 150 guest rooms shall be permitted within a Country Inn 2.

Primary access shall be from a state highway. Alternative transportation methods shall be considered to minimize potential traffic impacts.

A minimum lot area of 250 gross acres is required for a Country Inn 2. When an applicant proposes a Country Inn 2 development on a parcel or combined parcels of land in excess of 250 acres, the applicant shall retain the right to develop that portion of the property in excess of 250 acres which is not dedicated to, or used in conjunction with, the Country Inn 2 development, for other uses permitted, or specially permitted in the Zoning Law provided:

A public, private or semi-private golf course is allowed as accessory to a Country Inn 2 by issuance of an additional special use permit, provided the golf course meets the additional special use permit conditions in Subsection OO herein, but excluding the additional acreage required for the golf course.

No building or parking area associated with the outdoor recreational use shall be located closer than 100 feet to any property line or within 250 feet of any existing neighboring residence. Any such building or parking area shall be effectively screened by intervening an landform or natural vegetation from all neighboring properties and public rights-of-way.

Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, which approval must be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. Such facilities shall comply with the Town's lighting and noise regulations found in Article V, §§ 125-56 and 125-58.

No facility for active recreational use shall be located within 250 feet of any property line.

No single new building constructed in connection with an outdoor recreational use or facility authorized under this subsection shall exceed 5,000 square feet of gross floor area. The square footage of the clubhouse shall be determined to meet the required needs and services of the Country Inn 2, and shall be designed to be sensitive to the overall site. Any buildings used for agricultural activities in connection with the Country Inn 2, such as barns or stables, shall be exempt from the 5,000 square foot limitation.

Except as may be further restricted by the Planning Board in its consideration of a specific application for a special use permit, hours of operation for any outdoor recreational use or facility authorized under this subsection shall be limited to the period 7:00 a.m. through 9:00 p.m. daily.

The following objectives shall be satisfied:

It is the established policy of the Town of Rhinebeck that the natural topography of the land is a public asset which should be preserved and safeguarded. The various features of such topography, including the topsoil and other natural materials that constitute the land, the shape or contour of the land, the plant life and wildlife that is fostered on the land and the water or the flow thereof upon the land, are of prime concern to the welfare of the people of the Town of Rhinebeck. No changes shall be permitted in such topography or vegetation except those which are absolutely necessary, in order to permit the appropriate use of land, and then only after meeting the conditions of this subsection upon issuance of a special use permit by the Planning Board. This subsection applies equally to excavation and/or tree clearing where no development approvals (such as subdivision, site plan and special use permit) are sought by a landowner and as part of site preparation for land development activities (see Article V, § 125-39) for which a subdivision, site plan or special use permit approval has been granted by the Planning Board or for which a valid building permit has been issued by the Town Code Enforcement Officer. Also refer to § 125-39, Excavation as part of site preparation; § 125-54, Development within Water Resources Protection Overlay (WR-O) District; § 125-55, Preservation of natural and cultural features; design standards; § 125-57, Landscaping standards; § 125-60, Stormwater management; and § 125-135, Terms used throughout chapter, of this chapter and Town Code Chapter 101, Subdivision of Land, § 101-6.2, Subdivision design standards.

The site plan shall include pertinent information regarding site boundaries, existing man-made and natural features, including streams, wooded areas, all trees over six inches in diameter at breast height, wetlands, and both existing and proposed topography, vegetation and proposed revegetation within and adjacent to the area affected by the intended excavation, soil removal, grading activity or tree-clearing activity. The specific location of the intended activity within the parcel, the extent and depth of either cut and/or fill proposed, the specific trees to be removed, and proposed site grading and associated rehabilitation, including replanting of trees, whether through the installation of ground cover, shrubs and trees, creation of water bodies, or other means, shall be fully described on the site plan drawings.

A time schedule for completion of the activity shall be submitted for approval, with a requirement that all aspects of the intended tree clearing, removal, fill or grading activity, including associated rehabilitation, be completed within a period of not more than six calendar months from the start of work or within such lesser period between the deferred time work begins and the cessation of the special use permit.

To the extent deemed necessary by the Planning Board, the installation and related maintenance of appropriate soil erosion and sediment control measures, until approved site rehabilitation has occurred and become established, shall be required. The applicant shall demonstrate compliance with Article V, § 125-59 (the habitat and natural resource management regulations) and Article V, § 125-60 (the stormwater management regulations) of this chapter.

Except to the extent deemed necessary by the Planning Board and consented to in writing by the adjacent property owner or owners, no excavation, fill, or grading activity that will result in creation of an exposed slope greater than one foot vertical to 10 feet horizontal within 50 feet of a property line or within 100 feet of a neighboring residence shall be authorized. The above notwithstanding, in no event may any exposed slope so located exceed one foot vertical to five feet horizontal.

At the discretion of the Planning Board, a performance guarantee (irrevocable letter of credit, certified check, performance bond, escrow deposit or other acceptable assurance, equal to the cost of the proposed work) to assure rehabilitation may be required and, if so, shall be provided. Upon recommendation of the Planning Board and Town Engineer, the guarantee shall be in an amount and form satisfactory to the Town Board and the Town Attorney and shall be accompanied by written assurance that the major excavation or tree clearing shall be completed in accordance with the approved site plan.

Any special use permit for major excavation or tree clearing issued under this chapter shall terminate one calendar year from the date of issuance.

A minimum lot area of 110 contiguous acres is required for a golf course or country club with a golf course.

The facility complies fully with the limitations set forth in the general definition of "outdoor recreation use" in Article XIII.

The facility falls fully within the more specific definition of "golf course" as also set forth in Article XIII.

No building, parking area, practice area or other appurtenant feature associated with the use shall be located closer than 100 feet to any property line or within 250 feet of any existing neighboring residence. Any such building or parking area shall also be effectively screened by intervening an landform and/or natural vegetation from all neighboring properties and/or public rights-of-way.

No in-bounds portion of the golf course shall be located within 100 feet of any property line of any existing neighboring residence or heretofore platted residential building lot.

Access to the facility shall be from a state or county highway.

Specific detailed plans for public address systems and/or lighting or other special effects associated with the golf course or country club shall be submitted to the Planning Board as part of the initial application for special use permit. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties. Such facilities shall comply with the Town's lighting and noise regulations found in Article V, §§ 125-56 and 125-58.

The natural (i.e., undeveloped) open space areas of the golf course shall be preserved to the extent practicable by conservation easement or other appropriate legal mechanism in the site and/or subdivision plans and deed, acceptable to the Planning Board and Town Attorney. The Town of Rhinebeck encourages applicants to provide hiking trails for public use, if feasible.

As part of the SEQRA environmental review process, the Planning Board, if acting as lead agency, should consider the development and use of a comprehensive guidance document for the management of natural resources and environmental impacts associated with the golf course to minimize or avoid the effects of regrading, removal of vegetation, loss of natural habitats and loss of animal species on the site. The natural resource management goals of such a guidance document would be to plan for:

The bed-and-breakfast establishment shall be created as an accessory use and a home occupation, as defined in Article XIII of this chapter, occupying a portion of a single-family dwelling or a lawfully existing structure.

Upon conversion of a portion of its floor area to a bed-and-breakfast establishment, the residential dwelling shall retain at least one bedroom for the exclusive use of the occupant(s) of the principal dwelling unit to which the bed-and-breakfast establishment is accessory.

The bed-and-breakfast establishment shall neither offer more than five rooms for rent for transient occupancy nor shall the establishment accommodate more than 10 guests on any occasion.

The operator of the establishment shall be a principal occupant of the dwelling in which the guest rooms are located.

Approval has been granted by the Dutchess County Health Department for any required new on-site sanitary sewage or water supply facilities, including, as may be applicable, certification through Health Department approval. Such approval shall certify that the on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the bed-and-breakfast establishment on the residential premises where such accessory use is proposed.

Other licensing requirements administered by the Dutchess County Health Department and applicable to bed-and-breakfast establishments are satisfied.

Off-street parking, provided in accordance with Article V, § 125-36, of this chapter, is both screened by natural vegetation and located, where practicable, in a rear or side yard.

As in the case of other authorized home occupations, a single identity sign not exceeding four square feet in total surface area shall be permitted. Unless attached to the principal structure, no such sign shall be located closer than 15 feet to the front property line, nor closer than 20 feet to any other property line.

The minimum lot area for any facility either wholly or partially outdoors shall be not less than five acres.

No active outdoor area related to the commercial recreation facility may be located closer than 100 feet to any property line or 250 feet to any existing neighboring dwelling at the residential district boundary. Both the active outdoors area and all parking service areas and the like associated with the facility shall be effectively screened by an intervening landform and/or vegetation from all neighboring properties and public rights-of-way.

Specific detailed plans for public address systems and/or lighting or other special effects associated with the outdoor areas of the commercial recreation facility shall be submitted to the Planning Board as part of the initial application for special use permit. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on neighboring residential properties.

No tavern or bar shall be operated on the premises; alcoholic beverages shall not be sold.

Except as may be further restricted by the Planning Board in its consideration of a specific application for special use permit, hours of operation for the outdoor portion of any commercial recreation facility shall be limited to 7:00 a.m. through 10:00 p.m. daily.

Hours of operation shall be reviewed and approved by the Planning Board so as to be compatible with adjacent uses and residential areas and to avoid the creation of any nuisance condition; and

The inclusion of accessory recreational facilities or similar amusement areas, including tot lots, video games and the like, as part of the fast-food establishment shall be strictly prohibited; and

The establishment shall not alter the identity of Rhinebeck in a way which detracts from its uniqueness or contributes to a nationwide trend of standardized fast-food offerings; and

The establishment shall contribute to a diverse and appropriate blend of uses in the district and shall not be located within 2,000 feet of another fast-food establishment; and

The establishment shall complement the uses already located in the district and must help promote and foster the economic base as a whole; and

The establishment shall be compatible with existing surrounding uses and shall be designed and operated in a nonobtrusive manner to preserve the community's character and appearance; and

The establishment shall not provide a drive-through window or drive-in service due to high volumes of traffic and potential for vehicle back-up on highways as well as vehicle idling, air quality and respiratory health concerns, greenhouse gas emissions, waste of fossil fuels and noise; and

The establishment shall not exceed 2,000 square feet on the ground floor; and

The establishment shall not create a substantial impact to the public safety from increased traffic. The Planning Board may require a traffic study.

The funeral home maintains the appearance and the building and site design characteristics of a residential dwelling.

The funeral home shall be located on a single lot with no less than the minimum lot area specified for the zoning district.

Access to the funeral home shall occur directly from a state or county highway or by a through Town road other than a residential subdivision street.

Off-street parking and its associated lighting, provided in accordance with Article V, §§ 125-36 and 125-56, of this chapter, is both screened by an intervening landform and/or natural vegetation from neighboring residential properties and located in a rear or side yard.

The veterinarian's office maintains the appearance and the building and site design characteristics of either a residential dwelling or a farm building.

The veterinarian's office shall be located on a single lot with no less than the minimum lot area specified for the zoning district.

Access to the veterinarian's office shall occur directly from a state or county highway or by a through Town road other than a residential subdivision street.

Off-street parking and its associated lighting, provided in accordance with Article V, §§ 125-36 and 125-56, of this chapter, shall be both screened by an intervening landform and/or natural vegetation from neighboring residential properties and located, where practicable, in a rear or side yard.

If the veterinarian's office includes the boarding of animals, other than sick and recuperating animals that are receiving short-term treatment, then the applicant shall additionally meet the requirements for commercial boarding or breeding kennels in Subsection U of this section, and the minimum acreage required for the zoning district by the District Schedule of Area and Bulk Regulations[20] shall be doubled.

The minimum lot area shall be 25 contiguous acres.

All elements of the sawmill, including storage areas for logs and sawn lumber, bark, sawdust and other waste materials, buildings and equipment areas shall be screened by an existing landform and/or vegetation from the direct view of abutting residential properties and public roadways.

All buildings or other structures and all equipment or storage areas associated with the sawmill shall be located not less than 250 feet from any property line, nor less than 500 feet from any neighboring dwelling. Additional setbacks may be imposed by the Planning Board as a condition of approval of the special use permit to provide sound buffering to nearby residential uses. In all cases, sawmills and related uses shall comply with the Town noise regulations (see Article V, § 125-58).

No storage area for logs, sawn lumber or vegetative waste materials shall be located within 100 feet of any stream, other water body or well providing a source of potable water.

Access to the sawmill shall be provided directly from a state or county highway or by a through Town road other than a residential subdivision street.

Hours of operation shall be limited to 7:00 a.m. through 8:00 p.m., Monday through Saturday.

Sawmill wastes (such as bark and sawdust) shall be removed for recycling on a regular basis, preferably for composting, bioenergy production, and other environmentally sustainable purposes.

Jurisdiction over marinas, boat clubs, boathouses, boat ramps, docks and moorings in the Town of Rhinebeck shall extend 1,500 feet from the mean high water mark of the Hudson River or to the westerly limits of the Town's municipal boundary, whichever is greater.

All marina projects shall include, as appropriate, sufficient parking, parklike surroundings, rest rooms, adequate water supply, adequate sanitary sewage and trash disposal and recycling facilities and arrangements, including marine sewage pump-out facilities.

To the extent feasible, marina basins shall be designed for maximum tidal flushing and circulation in consideration of both river currents and wind action.

Any marina shall be located in an area where the physical attributes required by marinas already exist and where minimal initial and subsequent maintenance dredging would be required. The Planning Board shall consider the extent to which submerged aquatic vegetation will be disturbed and the potential adverse impacts of removal of such vegetation by the application.

Dedicated parking spaces for vehicles and trailers shall be provided a minimum rate of 0.75 such parking space per slip, plus whatever additional spaces are required for employees or as may be required by this chapter for other uses or activities authorized on the premises.

All applicable compliance review, permit and/or approval requirements administered by the Town of Rhinebeck through its Local Waterfront Revitalization Program, Dutchess County Health Department, the New York State Department of Environmental Conservation or Department of State Coastal Management Program, the United States Army Corps of Engineers or the Federal Emergency Management Agency shall be strictly met.

Fuel dispensing shall be prohibited.

That the passive adult use, as defined in Article XIII of this chapter, complies with the following requirements as to location, in addition to any other applicable requirements of this chapter:

That such use shall be one which is specifically authorized as a special permit use in the district within which such particular site is located.

That the total floor area devoted to the passive adult use shall not exceed 2,500 square feet, exclusive of cellar space used for enclosure of mechanical, heating and similar building equipment.

That no more than one passive adult use shall be located on any lot.

That the passive adult use complies with all applicable area and bulk regulations set forth in this chapter, in addition to the requirements herein.[21] Compliance with the minimum distance requirements set forth in Subsection WW(1) above with respect to separation from other uses is a condition precedent to the classification of passive adult use as a special permit use with the Town, and, in the event that any reduction in such minimum distance is proposed, such variance shall be considered as a use variance.

That appropriate provision has been made for access facilities adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of the street lines at a street intersection.

That there are fully adequate parking areas, in conformity with the standards established in this chapter and all other pertinent provisions of the Town of Rhinebeck Code, for the anticipated number of occupants, employees and patrons and that the layout of the parking spaces and interior driveways is convenient and conducive to safe operation.[22]

That the Planning Board may require a protective planting strip adjacent to every side and rear lot line abutting an existing building or use. Such planting strip shall not be less than 10 feet wide, situated within any required side or rear yard, designed and laid out with suitable plant material which will attain and shall be maintained at a height to be stipulated by the Planning Board, which height shall not be less than six feet nor more than 10 feet, so as to provide an effective natural screen between nonresidential and residential uses or districts along side and rear lot lines.

That adequate site lighting is provided while minimizing or avoiding adverse impacts of lighting on adjoining properties through strict adherence with the Town of Rhinebeck Lighting Regulations found in Article V, § 125-56.

That adequate provision has been made for collection and treatment of stormwater runoff in accordance with Article V, § 125-60, of this chapter.

That any proposed signs, displays, architectural design or lighting visible from any public street or right-of-way or upon surrounding properties be designed and constructed so as to fully conform to the requirements of the Zoning Law and to avoid or mitigate to the maximum extent practicable any reasonably foreseeable adverse effect of the proposed use upon minor children passing by.

That the proposed site plan has been designed with adequate provision for safety, internal and external fire protection and security concerns and the adequacy of access from and to a public right-of-way.

That the proposed site plan avoids, minimizes or mitigates any demonstrated or potential impact of the proposed use upon community services, including but not limited to police and fire protection. The Planning Board shall refer the proposed site plan and special use permit applications to the Town Fire Department and any other agency of local or state jurisdiction for a report on the potential secondary adverse impacts and recommendations as to appropriate measures that can be taken to avoid or mitigate such impacts.

That the proposed use avoids, minimizes or mitigates any reasonably foreseeable cumulative effects on the character of the community and adjoining properties, taking into consideration the proposed hours of operation, other existing or proposed passive adult uses, and similar uses with the potential for deleterious effects on the community.

That the duration of a special use permit issued by the Planning Board for a passive adult use shall conform to the following requirements:

The minimum lot area shall be 10 contiguous acres.

All buses shall be stored in fully enclosed buildings.

The bus garage shall comply with all applicable special use permit conditions found in Subsection Y above.

The maximum gross floor area devoted to the guest cottage shall be 600 square feet. No kitchen facilities are permitted in a guest cottage.

Not more than one guest cottage shall be authorized on a residential premises.

The guest cottage shall be supported by water supply and sewage disposal facilities deemed suitable by the Dutchess County Health Department, which facilities may be shared with the principal dwelling unit on the premises.

The guest cottage shall be in compliance with all provisions of the New York State Uniform Fire Prevention and Building Code. All other applicable laws, ordinances and regulations shall be complied with, and both a building permit, where applicable, and a certificate of occupancy shall be obtained before occupancy.

The guest cottage shall satisfy all minimum setback requirements set forth in the District Schedule of Area and Bulk Regulations for a principal structure within the zoning district.[23]

The guest cottage shall be situated on a lot with not less than the minimum lot area specified for the respective zoning district. If the guest cottage is located within the RM1 District, a minimum lot area of three acres shall be required.

Special use permit criteria:

All structures shall be designed and anchored to prevent flotation, collapse or lateral movement due to floodwater-related forces.

All construction materials and utility equipment used shall be resistant to flood damage.

Construction practices and methods shall be employed which minimize potential flood damage, including the requirement that all structures and other improvements be designed to withstand hydrostatic pressure, erosion and seepage to an elevation not less than the one-hundred-year flood elevation.

Adequate drainage shall be provided to reduce flood hazard exposure.

All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage.

All water supply systems shall be designed to minimize or eliminate floodwater infiltration. No new septic tank, leach field or other sanitary sewage disposal system shall be located within the FF-O District. This shall not prevent the replacement of existing systems.

No new structure intended for residential use shall be located within the FF-O District. This shall not prevent the replacement of existing residential structures.

Except for agricultural uses and forestry uses, all new nonresidential construction or substantial improvements to such nonresidential structures shall have their lowest floor, including basement, elevated to at least two feet above the water level of the one-hundred-year flood or, as an alternative, be floodproofed up to the same water level, including attendant utility facilities.

Except for agricultural uses and forestry uses, no use shall be permitted, including fill, dredging or excavation activity, unless the applicant has demonstrated that the proposed use, in combination with all other existing and anticipated uses, will not raise the water level of the one-hundred-year flood at any point.

No storage of materials or equipment that is buoyant, flammable, explosive or could otherwise be injurious to human, animal or plant life shall be permitted. Underground storage tanks shall be prohibited in the FF-O District.

A record of all necessary permits from state or county agencies from which approval is required shall be provided.

Plans shall be submitted showing such information as may be necessary to determine the suitability of the particular site for the proposed development or use, which information shall include, but not be limited to, the following:

Any special permit issued for a use proposed within the Flood Fringe Overlay District shall satisfy any further criteria set forth in the Town of Rhinebeck Flood Damage Prevention Local Law (Local Law No. 1 of 1987).[26] This shall include as a condition the additional requirement that certification by a registered architect or licensed professional engineer of as-built compliance with the approved plans be submitted to the Town Code Enforcement Officer prior to either use of the property or the issuance of a certificate of occupancy for the intended use or structure. Copies of this certification shall be maintained by the Code Enforcement Officer as a permanent public record available for inspection.

Communications facilities and towers require issuance of a special use permit by the Planning Board, in accordance with Article VI, for the following purposes:

Consistency with federal law. The provisions of this subsection, including the regulations set forth herein, are intended to be consistent with the Telecommunications Act of 1996, as amended ("the Act") in that:

Exclusions. For the purposes of this subsection, the following shall not be construed to be communications facilities or towers:

Special permit requirements. No person shall erect, construct or otherwise install a new communications facility or tower at any location within the Town of Rhinebeck or cause the major modification of an existing communications facility or tower, without first obtaining a special permit from the Town Planning Board in accordance with the following requirements. For purposes of this subsection, a communications facility or tower shall be considered a principal use and never an accessory use:

Specific standards for communications facilities and towers. The Planning Board shall apply the specific standards set forth below in its consideration of any application for a special use permit for a communications facility or tower:

Site requirements: area and bulk standards.

Site requirements: design standards.

Scale and appearance.

Performance standards. All communications towers, including major modification of an existing communications tower, shall comply with the performance standards set forth in this section.

Environmental standards.

Safety standards.

Application requirements. In addition to the requirements otherwise set forth in Article VI, § 125-75, of this chapter, all applications for the issuance of a special permit and/or the grant of site plan approval for a communications facility or tower shall be accompanied by maps, reports and other data presenting, to the extent pertinent, the following information:

Abandonment and removal. Within 60 calendar days of receipt of written notice from the Code Enforcement Officer, either the applicant, the landowner, or their successors shall cause the dismantling and removal of any communications facility or tower, whether erected prior or subsequent to the enactment of Local Law No. 4-1999, the use of which the Code Enforcement Officer has deemed to be discontinued or otherwise abandoned for the period specified below:

Certificate of insurance required. Adequate and sufficient liability insurance shall be maintained during the construction period and throughout the life of any communications tower erected within the Town of Rhinebeck. The minimum acceptable amount of liability insurance shall be established by the Planning Board in its review of the application for a special use permit. Prior to the issuance of the special use permit, documentation that such liability insurance has been secured shall be submitted to the Town in the form of a certificate of insurance identifying the Town of Rhinebeck as a co-insured party and in at least the minimum amount specified by the Planning Board. Maintenance without interruption of liability insurance in like or greater amount and with the Town named as a co-insured party shall be required as a continuing condition of the special use permit and related certificate of occupancy and/or certificate of compliance.

Exemption for amateur Ham radio operations. Any communications tower erected on residential or other premises in support of amateur barn radio operations shall be wholly exempt from the provisions set forth throughout this Subsection BBB, provided each of the following criteria is met:

No more than 75 shall be in attendance at any event at one time.

Events shall not extend for more than six hours' duration.

No food shall be prepared on site.

No lodging facilities shall be provided on site.

The special event venue shall be located on a site with a minimum of five acres.

The site of the special event venue shall have access on a street or roadway with at least two outlets.

The Hamlet of Rhinecliff is an important 19th Century planned traditional neighborhood in the Town of Rhinebeck. Containing over 100 historic structures, Rhinecliff evolved as a small center for civic life, culture and commercial activity, including an early railroad and shipping hub. For decades, Rhinebeck's residents have consistently stressed the importance of preserving the role of the Village of Rhinebeck as the Town's center for commercial, financial, governmental and residential uses, and Rhinecliff as a smaller version of the village, honoring its historic integrity as a hamlet. The Morton Memorial Library and the firehouse, the post office and the Rhinecliff Train Station all depict the essence of the hamlet. While Rhinecliff has some limited potential for growth, its historic character must always be preserved and protected.

Rhinecliff's significance is recognized by its central location within the Hudson River National Historic Landmark District, a State designated Scenic Area of Statewide Significance, and the Mid-Hudson Historic Shorelands Scenic District. Rhinecliff is also a part of the Hudson River Valley Greenway, is an important component of the Hudson River American Heritage River designation, is located within New York State's Coastal Zone boundaries and is subject to the Town's adopted Local Waterfront Revitalization Program (LWRP). All of these recognitions of Rhinecliff's importance demand special attention when existing development is proposed for expansion or modification, or new development is proposed.

The Rhinecliff Overlay (Rc-O) Zoning District, as delineated on the Town Zoning Map, does not represent the entire area referred to by its place name, Rhinecliff. It is an historic area that has grown with unique characteristics, which has created a special identity for the entire hamlet area. The Zoning Law regulates development within the historically significant estates, farms, and landscapes surrounding the hamlet center largely through the provisions of the Historic Preservation Zoning District. In order to protect and preserve the integrity of the hamlet area, which is composed of several underlying zoning districts, the Rc-O Zoning District requirements specified in this section have been designed to protect the unique qualities of the hamlet area through the implementation of standards and restrictions to 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 hamlet area, to preserve 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.

Protect and preserve Rhinecliff's architecture and pattern of design, while simultaneously improving hamlet amenities.

Continue the existing residential character of the hamlet with special attention given to architectural design, lighting, landscaping, streetscapes, pedestrian amenities and signage.

Promote greater pedestrian safety while allowing for continued but more restricted traffic movements, providing shared means of ingress and egress to developed and developing properties. Ensure that existing hamlet streets are not widened, but rather maintained as rural thoroughfares. Implement traffic calming measures which designate pedestrian comfort as a primary consideration of all hamlet streets. Resolve design conflicts between vehicular and pedestrian movements in favor of the pedestrian. Ensure safe, attractive streetscapes and pedestrian amenities by:

Improve the visual characteristics of the hamlet by implementing landscaping standards. Landscaping should enhance views from the hamlet to the Hudson River and Catskill Mountains beyond.

Improve the overall quality of the hamlet by carefully reviewing all signage and lighting fixtures so that they are of an appropriate size and scale, and aesthetically designed.

Design the height of new buildings to be consistent with that of neighboring buildings.

Design roofs to be sympathetic with the vernacular architecture.

Utilize traditional building materials.

Limit the square footage of new dwellings and the expansion of existing ones to prevent oversized, out-of-character homes in order to maintain the most desirable characteristics of the hamlet and prevent alteration of the historic character of Rhinecliff.

Prevent the building of second- or third-story additions to a one- or two-story building when it would result in a structure which is out of character with the buildings surrounding it or results in a visual intrusion of a neighboring property.

Prevent the construction of a large building built to replace a portion, or all of a demolished one, which may be out of scale with surrounding buildings.

Plan for the accommodation of automobile traffic wherein pedestrian comfort and safety are of the utmost importance.

Such lot may not be used for more than one principal dwelling unit and one subordinate accessory structure.

Such use shall satisfy applicable requirements of the Town of Rhinebeck, Dutchess County Department of Health and New York State Department of Environmental Conservation for potable water supply and sanitary sewage disposal.

In consideration of minimum lot area, a conventional septic disposal system shall be permitted on existing lots of record of less than one acre in area, provided the Town Engineer has reviewed and approves the system. No new lot created in accordance with the Town Subdivision Regulations[1] and served by a conventional septic disposal system shall be less than one acre in size.

The installation of an alternative sanitary sewage disposal system using pumping or other alternative waste disposal method shall be permitted only when approved by the Dutchess County Department of Health and, if required, the New York State Department of Environmental Conservation and only in accordance with the Schedule of Bulk Regulations specified in subsection C(7) below.

Accessory structures shall not exceed 650 square feet in gross floor area nor exceed 25% of the gross floor area of the principal structure, whichever is less.

Expansion of existing dwelling units and construction of new dwelling units shall require special use permit and site plan approval in accordance with Articles VI and VII of this chapter, respectively.

The maximum gross floor area of a principal structure within the Rc-O District shall be no more than 2,300 square feet.

Demolition of historic structures is governed by the Town of Rhinebeck historic buildings regulations (see Article V, § 125-62), which requires "careful, thoughtful evaluation of any proposed action that would cause the demolition or removal of any such recognized historic building" and by the requirements of the Town's adopted Local Waterfront Revitalization Program (LWRP). The LWRP requires a coastal consistency assessment for agency actions to "assure consistency of proposed actions undertaken by the Town with the policies and purposes of the LWRP." The Town Board, Planning Board and Zoning Board of Appeals shall be guided by the policies and purposes of the LWRP.

Concept plan. A concept sketch plan shall be presented to the Planning Board for its review and approval. Such plan shall include a rendering of how the building will appear from the street frontage. Architectural guidelines are as follows. "Objectives" are statements describing a desired outcome within the hamlet. "Guidelines" are statements of what is considered acceptable in the community. By following the guidelines, applicants are put on notice of what is expected of them. Knowing this early on in the planning stages of a project can reduce delays and confusion during the design phase of a project and helps applicants build a project that the community considers desirable.

Landscape plan. A detailed landscaping plan shall be included with the site plan submission to enhance the building design and to buffer the structure from surrounding property where conflict may result, such as parking facilities near yard spaces, streets or residential units, and different building heights, design or color.

Porches. Within the Hamlet Zoning District only, single-family residences should have covered porches at least six feet deep, along at least a portion of the front of the building, or along the side coming to the front.

Fences. Front yard fencing, if provided, must be wood picket, wrought iron, stone or timber in a traditional design, at least two feet high, but not more than four feet high. Fence materials and designs shall be consistent with the character of the hamlet.

Elevations. Architectural renderings depicting all sides of the building(s) shall be provided.

Storage. Refuse storage (dumpster) locations shall be depicted on the plans, shall not be located near, or adjacent to, surrounding residential properties and shall be screened with plantings or compatible fences made of natural materials.

Lighting. Lighting shall be to human scale, and shall comply with the Town's lighting regulations found in Article V, § 125-56.

Building height. Design the height of new buildings to be consistent with that of neighboring buildings. Building height shall be subject to a review of the extent to which it will block existing views from surrounding property. Substantial view blockage shall be avoided by alternative roof design or imposition of a special height limit as a condition of approval. The Planning Board may require a viewshed analysis to determine visual impacts and appropriate mitigation measures.

Setbacks. Setbacks from the street should be consistent with the prevailing setbacks on adjoining properties, as determined by the Planning Board.

Parking. The following parking requirements shall supersede other parking regulations contained in this chapter.

Waivers. The Planning Board may waive or modify any requirement under this § 125-69 under the following circumstances:

Use and occupancy. Mixed residential and business use is allowed, but only one business use shall be allowed for each lot.

Appearance.

Traffic and parking.

Lighting.

Signs.