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Standford Town City Zoning Code

ARTICLE V

Supplementary Regulations

§ 164-14 Applicability.

The following supplementary regulations are applicable to all uses and all zoning districts within the Town of Stanford unless otherwise provided herein.

§ 164-15 General performance standards.

No nonresidential use shall be permitted that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions of other local, state and federal laws, rules or regulations:
Noise. No noise shall exceed an intensity, as measured from the boundaries of the lot where such use is situated, of the average intensity, occurrence and duration of the noise of street traffic at adjoining streets.
Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases that would not normally be associated with a residential or agricultural premises shall be disseminated beyond the boundaries of the lot where such use is located.
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. Special efforts shall be required, such as the planting of vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares.
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system or stream or into the ground except in strict conformance with the standards approved by the New York State Department of Health or other duly empowered agency.
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the building in which such activity is located or which emit electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Fire Prevention and Building Code, as well as the provisions of the National Fire Protection Association (NFPA) Code, shall be fully observed.
Maintenance of developed lots. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, washed stone or other suitable material. Required yard areas shall be planted and maintained in accordance with the approved site plan for the premises and in a manner which is compatible with their use and beneficial enjoyment.

§ 164-16 Off-street parking and loading.

In all districts, at the time any new building or structure is erected, any existing building or structure enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or new or changed use of either land or structure established, permanent off-street parking and loading space shall be provided in accordance with the minimum standards set forth below:
Required number of off-street parking spaces.
The minimum number of off-street parking spaces stated below shall be required in addition to one off-street parking space for each company vehicle associated with a commercial, business or light manufacturing use and in addition to those off-street parking spaces required to accommodate handicapped persons in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code.
Type of Use
Required Number of Spaces
Residential uses:
Single-family dwelling
2
Two-family dwelling
4
Multifamily rental dwelling
2.5
Boarding or rooming house or bed-and-breakfast establishment
1 per guest bed, plus Required spaces for other dwelling units on premises
Accessory dwellings
1 per dwelling unit
General uses:
Churches, meeting halls, membership clubs, auditoriums, theaters or other places of public assembly not otherwise specified
1 per 4 seats or 60 square feet of seating area where fixed seating is not provided
Schools and other educational institutions
1 per 12 classroom seats or the auditorium requirement as specified above, whichever is greater
Nursery school regular basis
1 per 5 children enrolled on a
Cultural facilities (library or museum) or philanthropic and institutional uses
1 for each 250 square feet of gross floor area
Hospital, convalescent home or nursing home
1 for each 2 beds, computed on the basis of the maximum bed capacity of the structure
Business and commercial uses:
Medical clinic and related professional health service office
5 per professional, plus 1 per employee
General or other professional offices
1 per 225 square feet of office floor area for first 2,000 square feet, and 1 per 275 square feet thereafter
Retail business, store or service shop
1 per 175 square feet of retail/service floor area, 1 per 225 square feet of gross floor area, whichever is greater
Convenience store
1 per 150 square feet of gross floor area, and queuing area at gasoline pumps, if provided
Hotel or motel
1 per guest room, plus 1 per employee
Restaurant or other eating and drinking establishment
1 per 3 seats or 75 square feet of floor area available to patrons, whichever is greater, plus 1 per 75 square feet of outdoor service area
Light manufacturing, wholesale and similar uses
1 per employee on largest shift, plus necessary space for visitors and company vehicles
For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special permit and/or site plan review, as provided for in Articles VI and VII, respectively, of this chapter.
In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board that staggered hours of use would permit reduction of this requirement. In particular, up to 50% of the parking spaces required for churches, theaters and similar places of public assembly with peak attendance on Sundays and/or evenings may be assigned to a use or uses which will be closed on Sundays and/or evenings, as applicable.
Design standards for off-street parking spaces.
Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking, not to include a public street.
In all districts, parking areas shall be located no closer to any property line than the minimum parking setbacks established in the District Schedule of Area and Bulk Regulations. If parking associated with a nonresidential use is abutting an existing residential use or a residential district, a minimum separation of 20 feet between any parking area or access thereto and the residential property line shall be maintained.
In all districts, each parking space provided shall be at least nine feet wide and 19 feet in length. Each space shall have direct and usable driveway access to a street and adequate maneuvering area between spaces in accordance with proper site engineering standards.
All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VII of this chapter, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use. All paved parking areas shall be suitably marked to indicate individual parking spaces, maneuvering areas, entrances and exits.
With the exception of driveways for one- and two-family residences on minor subdivision streets which serve 20 or fewer residences, all off-street parking areas shall be designed to eliminate the need to back out onto the public street, road or highway.
Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated and accessible to said vehicles when required off-street parking spaces are filled shall be considered for all commercial and light manufacturing uses and shall be provided as deemed necessary by the Planning Board during site plan review in accordance with Article VII of this chapter.

§ 164-17 Signs.

No sign shall be erected, replaced, altered, relocated or maintained in any zoning district except in accordance with the provisions stated herein.
General standards. Any sign or use of signs, whether permitted, temporary or directional, shall conform to the following general standards. Signs shall:
At all times be maintained in a proper state of repair in full compliance with Building Code, Electrical Code and reasonable property maintenance standards.
Not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble official traffic signs, signals or devices.
Not project over property lines or be located within the public right-of-way.
Neither be roof-mounted nor parapet-mounted nor otherwise mounted on a building in such a way so as to extend above the wall of the building to which they are attached.
Not rotate or otherwise move, nor shall they be illuminated by or contain flashing, intermittent, rotating or moving light or lights.
Freestanding signs shall not be internally illuminated.
[Amended 10-13-1994 by L.L. No. 1-1994]
If freestanding, not exceed 10 feet in height or be located closer than 20 feet to any property line.
If suspended or projecting, not exceed 11 feet in height and shall provide for a minimum clearance of eight feet above any sidewalk or other pedestrian way.
With the exception of temporary signs discussed in Subsection B herein, convey only subject matter related exclusively to the premises on which the sign is located or to products, accommodations or activities on those premises.
[Amended 10-13-1994 by L.L. No. 1-1994]
With the exception of temporary signs discussed in Subsection B herein, be permanently and directly affixed to either the ground, a building or a sign structure.
[Amended 10-13-1994 by L.L. No. 1-1994]
Temporary signs. The following temporary signs are permitted without application for and issuance of a permit:
Construction signs, limited to one unlighted sign not exceeding 12 square feet in surface area and identifying the parties involved in the design, financing and/or provision of labor and materials associated with the construction on the premises where the sign is located, but not including the advertisement of any product. Such signs shall be removed prior to the issuance of a certificate of occupancy and the initiation of the intended use.
Event signs, not exceeding 24 square feet in surface area, displayed on private property and limited to one such event sign per premise, announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization, to be erected not more than 14 calendar days prior to the event and removed within a period of 24 hours after the event.
Real estate "for sale" signs and signs of a similar nature not exceeding six square feet per side in area on the premises for sale or lease. All such signs, not to exceed two per premises, shall be removed immediately upon sale or lease of the premises.
Nonilluminated window advertising signs which occupy no more than 10% of the total window area of the principal facade or facades of the establishment.
Permitted identity and accessory identity signs. Upon the filing of an application and payment of the required sign permit fee in accordance with a schedule established and reviewed annually by the Town Board, and the issuance of a sign permit by the Building Inspector, the following signs shall be permitted in accordance with the identified standards related to number, size and location. The application for a sign permit shall be accompanied by a general description and a scaled graphic representation of the sign, including height, width and depth of the sign, method of construction and location. Permitted identity and accessory identity signs shall be as follows:
For permitted home occupations, a single identity sign not exceeding four square feet in total surface area and identifying the occupation conducted on the premises. Unless attached to the principal structure, no such sign shall be located closer than 15 feet to the front property line or closer than 25 feet to any other property line.
For nonresidential uses within the CR, RR and AR Districts, a single identity sign not exceeding 12 square feet in surface area per side, except as otherwise stated by this chapter, and identifying only the name of the establishment and its principal service or purpose.
[Amended 10-13-1994 by L.L. No. 1-1994]
A residential identity sign at each principal access point stating the name of a residential subdivision or multifamily development, not exceeding 12 square feet in surface area and located no closer than 15 feet to the public right-of-way.
For nonresidential uses in the Rural Center (RC) District, a freestanding identity sign not to exceed 22 square feet in surface area and/or one identity wall sign mounted to the surface of the building and/or one changeable letter sign. The maximum total signage per premises shall be 30 square feet. When two wholly independent businesses or activities are located on a single premises in the RC District, one complex sign not to exceed 22 square feet of surface area on both sides shall be allowed. Within the business complex, a single identity wall sign not exceeding eight square feet of surface area may be provided for each business or activity; however, such signs shall be considered as a part or portion of the maximum total signage of 30 square feet of surface area per premises, as noted above.
[Amended 10-13-1994 by L.L. No. 1-1994]

§ 164-18 Mining.

Except when incidental to the construction of a building on the same lot, for which building a duly authorized building permit has been issued, or incidental to subdivision development or similar land development activity for which subdivision plat or site plan approval has been granted by the Town Planning Board and/or which is otherwise exempt from the definition of "mining" found in Article XII, § 164-59, of this chapter, excavation, processing or sale of sand, gravel, topsoil or other natural mineral deposits, or the quarrying of any kind of rock formation, may only occur in the Agricultural Residential (AR) District.

§ 164-19 Residential cluster development.

Purpose.
It is the intent of the Town of Stanford to maintain open space whenever possible in order to preserve the rural and agricultural quality of the Town.
The purpose of the cluster provision in this chapter is to permit the grouping of single-family detached dwellings on suitable soils within the Rural Residential (RR) District on lots of a reduced area and to distribute the open space made available by this reduction to achieve a design of such subdivision to accommodate residential development in a manner which will preserve and protect certain agricultural soils and minimize the impact of development on open space in general and, more particularly, on environmental features of the proposed development area.
The Planning Board, upon review of a residential subdivision proposal, may require the applicant to provide a cluster subdivision in compliance with this chapter and other duly adopted standards to accomplish the intent and purpose stated herein.
The applicant will only be required to provide a cluster subdivision when one or more of the following objectives, in the opinion of the Planning Board, is better accomplished by a cluster subdivision as compared to a conventional subdivision with residential lots occupying most of the tract:
Preservation of contiguous important agricultural soils with a crop productivity rating of five or less, as established by New York State Department of Agriculture and Markets (1984).
Maintenance of active agricultural crop land.
Protection of the ground- or surface water, wetlands, floodplains or unique areas of natural or historical significance.
Mitigation of significant environmental impacts identified through application of the State Environmental Quality Review Act (SEQRA)[1] requirements.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
Preservation of open space to provide a visual screen or separation between structures and places commonly occupied by the public.
Reduction in the number of new roads or driveways obtaining access from existing roads.
Reduction in the amount of new road to be dedicated to the Town.
Accomplishment of specific goals set forth in the Town's Comprehensive Plan.
Standards. Upon the presentation of a plat for a clustered land subdivision for single-family detached residential dwellings to be approved by the Planning Board showing all natural and proposed features of the subdivision, the Planning Board may waive the heretofore established requirements and the required lot sizes, pursuant to § 281 of the Town Law, provided that:
The lot size per single-family detached residential dwelling is not less than one acre.
The frontage on a public right-of-way is not less than 25 feet for half the lots in a clustered group nor less than 50 feet for the remaining lots in the clustered group. Not more than two twenty-five-foot frontages shall be adjacent to each other.
The building height is not more than 35 feet.
The lot width at the building line is not less than 100 feet.
The lot depth is not less than 200 feet.
The distance between buildings shall be no less than 150 feet.
The side yard is not less than 25 feet.
The front and rear yard shall not be less than 50 feet, except that, if adjacent to a designated open space area providing at least 200 feet to the nearest property line, then the front and rear yard shall not be less than 25 feet.
All clusters shall be separated by a minimum of 400 feet of open space.
The minimum distance between clustered lot and tract property shall be 150 feet.
The minimum gross lot size for a cluster development shall be 20 acres.
The permanently deeded open space area shall be not less than 75% of the tract area for residential lots clustered in a five-acre density area.
[Amended 1-9-2003 by L.L. No. 1-2003]
The maximum amount of impervious surface shall not be more than 5% of the gross lot size of the cluster development. Impervious surface includes all man-made construction that does not allow water to readily penetrate, such as but not limited to building areas, roads and walks.
In no case shall the permitted number of dwelling units exceed the number of dwelling units that would be permitted, in the Planning Board's judgment, if the land had been divided into lots conforming to the minimum lot size of this chapter applicable to the zone or zones in which such land is situated and conforming to all other applicable requirements.
Building lots shall be required, whenever possible in the Planning Board's judgment, to be situated on suitable soils to tolerate development of the site for residential purposes, such as for septic tanks. Open space shall be required whenever possible, in the Planning Board's judgment, to be situated on soils other than such suitable soils mentioned above.
[Amended 1-9-2003 by L.L. No. 1-2003]
Open space lands.
Conditions regarding the long-term ownership, use, maintenance and permanent protection of all common lands within a cluster subdivision shall be set forth by the subdivider in consultation with the Planning Board.
The following minimum standards shall, however, be strictly met:
The open space land shall be shown on the plat and shall be labeled in a manner to indicate that such land is not to be platted for building lots and is permanently reserved for open space purposes.
A perpetual conservation easement leaving the land forever wild or limiting the use of such land to agricultural, managed forest land, passive recreational or open space use and prohibiting residential, institutional, industrial or commercial use of such open space land, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Planning Board. Such conservation easement shall be reviewed and approved by the Planning Board and shall be required as a condition of plat approval under Chapter 140, Subdivision of Land. The conservation easement shall not be amendable to permit commercial, industrial, institutional or residential development and shall be recorded in the Dutchess County Clerk's office simultaneously with the filing of an approved cluster subdivision plat.
Open space land may be owned in common by a homeowners' association, dedicated to the Town or held in private ownership subject to a permanent conservation easement. If owned by a homeowners' association, the common open space land shall be protected by conservation easement from future subdivision and development. The Planning Board shall assure that proper provision has been made for ownership and maintenance of open space land. Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the homeowners' association and the dwelling units they each own. Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to assure that the open space land does not detract from the character of the neighborhood.

§ 164-19.1 Logging or timber harvesting.

[Added 5-8-1997 by L.L. No. 1-1997]
Definitions and application. Logging or timber harvesting is defined as timber harvesting or the cutting of timber or trees in excess of 25 cords of wood, or 10,000 board feet of lumber from timber or trees, in any one calendar year. Logging shall not include timber harvesting or tree cutting for consumption as fuel or lumber on premises or associated with the clearing for farmland or house sites.
Permit required. Any person, company, corporation or other entity seeking to log trees or timber in excess of the above amount must first obtain a logging permit from the Town of Stanford. All logging must be done in compliance with New York State Department of Environmental Conservation Laws, Rules and Regulations and be in compliance with the Soil Erosion and Sediment Laws of the Town of Stanford,[1] as well as any applicable county and state regulations.
[1]
Editor's Note: See Ch. 137, Soil Erosion and Sediment Control.
The owner of the real property, or his or her designated agent or representative, must complete an application for a logging permit. In such application, it must set forth the property to be logged and set forth all adjoining property owners and the addresses of the same as set forth on the most current assessment or tax map records maintained by the Town of Stanford.
The application must have a copy of a survey or a tax map for the subject property to be logged, along with a designation on such survey or tax map of the specific are to be logged.
The applicant must apply for and provide a proper driveway permit from the applicable Town, county or state highway departments, depending on the access to the logging area and the road which such access will occur. If a driveway permit is not required, the applicant will provide evidence of the exemption of this requirement by such municipal authority.
The applicant or the agent or representative must physically mark the logging area and the property line within the immediate proximity of the logging site. The Building Inspector of the Town of Stanford shall inspect the site to review the physical marking of the property to be logged and the property line prior to issuing any permits hereinunder.
The owner, applicant or its agent or representative shall notify all property owners adjacent to the logging site on the intent to harvest timber or log the property. Such letters must be sent certified mail, return receipt requested, by the owner or its agent to all of the adjacent landowners, with the information as to names and addresses obtained from the most current assessment or tax map records maintained by the Town of Stanford. The owner or applicant will provide proof of service of such letters on the date mailed by the owner or applicant, as well as the actual return receipt cards prior to the issuance of a permit. In the event that a return receipt card is not returned within 15 days of the date of mailing, the mailing shall be deemed complete notwithstanding the absence of the return receipt card. Compliance with the mailing procedure shall be certified to the Building Inspector or other Town employee in charge of this matter. Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken by the Town or the Building Inspector in the application or issuance of a permit.
The owner or applicant shall submit the completed application, property survey or tax map, driveway permit and proof of mailing to the Building Inspector for his or her review. Upon submission of the completed application, the Building Inspector shall review the same to determine if it meets the requirements and guidelines of this section. If the application is complete and in compliance, the Building Inspector shall have 15 days to issue a permit or deny the same for being incomplete. In the event that the Building Inspector does not take action in granting or denying the application within 15 days of the submission of a completed application, the application shall be deemed approved and the permit shall be issued. The logging permit shall be conspicuously displayed near the entrance on the property to the logging area. Such permit must be displayed while logging is ongoing.
The Town shall develop guidelines and forms for the issuance of the logging permit and the information given and required to be submitted by the owner or the applicant.
The Building Inspector shall enforce the provisions of the logging permit under the provisions of §§ 164-47 and 164-68 of the Town of Stanford Code. Any reference therein to building permits shall include logging permits as may be granted hereunder. Any violation of this section shall have all of the enforcement powers of the Zoning Code, including but not limited to, a stop-work or cease and desist order, an injunction or civil or criminal prosecution as permitted by the Town Code.

§ 164-19.2 Care, keeping and harboring of horses.

[Added 7-8-1999 by L.L. No. 2-1999]
Horses are permitted to be cared for, kept and harbored in the Town of Stanford. "Horse operations" shall mean the use of any parcel of land of any size for the commercial or private use for horses, including, but not limited to, boarding, breeding, training, riding academies, livery and pleasure, for recreation or competition. The keeping of horses is permitted in all zoning districts, provided that the following standards and requirements are met:
There is a minimum lot size of one acre. In the Rural Center (RC) and the Lake Recreations (LR) Districts of the Town zoning districts, there shall be a minimum of one acre for the first horse and 1/2 of an acre for each additional horse.
Adequate provisions shall be made for the disposal of stable manure so as to prevent any health hazard or nuisance condition with respect to the adjacent properties or the general community, including, but not limited to, water and air pollution.
In all zoning districts, not more than 10 cubic yards of stable manure shall be stored within 100 feet from any residence, well, stream or body of water. This restriction shall include the subject property and all adjoining properties. The Building Inspector or Code Enforcement Officer may require adequate identification and proof of such setbacks and distances from such locations, which may include a map identifying the same.
Adequate safety fencing shall be installed by the owner or operator and maintained to safely contain the horses within the property lines of the lot.
Nothing contained herein shall be intended to supersede or prevent the safekeeping and humane treatment of horses.

§ 164-19.3 Airfields.

[Added 8-5-2002 by L.L. No. 2-2002]
Airfields are not a permitted use in any of the zoning districts of the Town of Stanford.
Emergency use exception. The landing, touchdown, or take off of an aircraft for emergency purposes, such as police, law enforcement, medical, fire, or natural disasters, shall be permitted in all zoning districts of the Town of Stanford. The Building Inspector is permitted to investigate any circumstances to verify such emergency use.

§ 164-19.4 Farmers' market.

[Added 2-10-2022 by L.L. No. 1-2022]
A farmers' market, as that term is defined in § 164-59 of this chapter, shall be permitted as a primary or accessory use in the Agricultural Residential District (AR) and the Rural Center District (RC) of the Town and shall be subject to the following regulations:
A farmers' market shall require the issuance of a farmers' market permit by the Town Building Inspector by application on forms provided by the Town Building Department, subject to the fees set by the Town Board in its Fee Schedule on an annual basis, and only in the AR and RC Zoning Districts.
The farmers' market structures shall consist solely of temporary or portable accessory structures, such as tents or similar shelters, which shall not exceed a combined 10,000 square feet of floor space. Such structures may be erected only during periods of farmers' market activity and may be in place not more than 24 hours prior to or following such farmers' market activity. The display of signage shall be restricted to the same time requirements and limited to on-site locations.
Adequate provision shall be made on site and/or on public property for parking for vendors and the public.
The farmers' market shall be maintained in a neat, clean and orderly manner.

§ 164-19.5 Accessory dwelling units (ADU).

[Added 2-13-2025 by L.L. No. 1-2025]
Purpose. It is the intent of this section to authorize the Building Inspector to issue accessory dwelling unit permits to allow one accessory dwelling unit per lot, having not more than 1,500 square feet of total floor area, as an accessory use to a principal single-family residence on the lot, only in compliance with this § 164-19.5. Accessory dwelling units may provide the following benefits:
Increase the supply of rental housing in the Town;
Encourage the creation of alternative long-term housing that may meet the needs of persons seeking a smaller dwelling unit and/or affordable housing; and
Encourage a more efficient use of existing housing stock.
Issuance of an accessory dwelling unit permit is subject to compliance with the standards of this § 164-19.5. Recognizing the above purposes, it is therefore the intention of the Town Board upon adoption of this section that area variances should not be granted for accessory dwelling units; and, that any proposed accessory dwelling in excess of 1,500 square feet of total floor area should instead be considered for review as a duplex or two-family dwelling, accessory apartment or guest cottage as otherwise provided for in this Chapter 164.
Zoning districts. An accessory dwelling unit, as defined in § 164-59, is permitted in all zoning districts in conformance with this section and all other applicable sections of the Zoning Law.
Eligibility; attached or detached accessory dwelling unit.
An accessory dwelling unit may be a new structure or constructed by modification or addition to the single-family dwelling or by conversion of an existing structure or building located on the same lot as the principal single-family dwelling, provided the accessory dwelling unit is less than or equal to 1,500 square feet in area.
No accessory dwelling unit shall be allowed in the absence of a separate, principal single-family dwelling, which must be the primary use of the premises. No accessory dwelling unit may be allowed as accessory to a duplex, two-family or multi-family dwelling. A detached accessory dwelling unit shall be subject to the same setback requirements as an accessory structure in the zoning district in which it is located.
Once created, the accessory dwelling unit may not be subdivided from the principal dwelling.
Standards. The following standards shall apply:
DOH approval. The principal dwelling and accessory dwelling unit shall be in full compliance with the standards of the Dutchess County Department of Health. An applicant seeking an accessory dwelling unit permit shall obtain approval of all sanitary sewer or septic systems and water systems from the Dutchess County Department of Health. Lack of an approval from the Dutchess County Department of Health shall constitute a basis for disapproval of an accessory dwelling unit. The Building Inspector may require the Town Engineer to review the application to ensure that the septic and well are able to serve the dwellings adequately.
Well. A water quality test shall be performed by an independent individual or entity, qualified to conduct such tests and submitted to the Building Inspector to determine that the water supply is safe for domestic use and of adequate quantity to supply both the principal and accessory dwellings with potable water. The well test shall include an analysis for potability. In the event that such test determines that the water supply is not safe for domestic use or potable, any procedures necessary to make the supply safe shall be completed and a new, independent test provided prior to the issuance of the building permit.
Building Code. Accessory dwelling units shall meet all applicable building codes, including the New York State Uniform Fire Prevention and Building Code.
Parking. An applicant seeking an accessory dwelling unit permit must demonstrate that there is area available in which to provide adequate off-street parking for the accessory dwelling unit. A minimum of one additional space per bedroom shall be provided for the accessory dwelling unit, and parking shall be allowed in a location on the lot as required by the Zoning Law.
Number of units. Only one accessory dwelling unit for a total of two dwelling units shall be permitted on the residential premises. However, an accessory dwelling unit will be allowed on a parcel where there is permitted housing for farm employees.
accessory dwelling unit size. The accessory dwelling unit shall be not more than 1,500 square feet in total floor area.
Access. Separate direct access to the exterior shall be provided from the accessory dwelling unit. Access between the principal dwelling and the accessory dwelling unit is permissible provided any doors providing such access must be "lockable" from both sides.
Exterior alterations. In the case of a residential structure of historic significance, where that building is listed or eligible for listing on the National or State Historic Registers, no exterior modifications that would alter the historic integrity and appearance of the building are permitted.
Habitable space. The accessory dwelling unit shall not be located in a basement or an attic, except where said space is deemed habitable space as per the New York State Uniform Fire Prevention and Building Code.
Facilities separate from principal dwelling. The accessory dwelling unit shall have a separate kitchen, bathroom, and living or sleeping facilities from the principal dwelling. The kitchen shall be appropriately sized and consist of at least a sink, built-in cook top or range, and refrigerator. The accessory dwelling unit shall have a fully enclosed separate bathroom consisting of at least a toilet, sink and shower or bath.
Cluster development. An accessory dwelling unit is permitted in a dwelling located in a cluster subdivision, but shall not be allowed within a detached accessory structure.
Short-term rental. Nothing herein shall be construed to allow a short-term rental in accordance with these provisions, which use shall be otherwise regulated elsewhere in this Zoning Law.
Other provisions. Except as provided herein, nothing herein shall be deemed to limit provisions of this Zoning Law applicable to duplex and two-family dwellings, accessory apartments or guest cottages.
Submission. The following shall be submitted to the Building Department in order to determine whether the proposed accessory dwelling unit meets the requirements set forth herein:
A floor plan to scale of the principal dwelling and the accessory dwelling unit, and the location of the proposed accessory dwelling unit shown thereon. Dimensions shall be provided of the entire dwelling and accessory dwelling unit to determine compliance with the standards set forth herein.
Supporting documents, showing the location and size of the existing and proposed septic system and well, and the structures on the lot, both as they exist and as they would appear with the accessory dwelling unit(s). Parking locations shall be shown.
Application procedure and decision.
Application. An applicant shall submit a building permit application to the Building Inspector with a checklist attachment and other submissions establishing compliance with all the requirements for an ADU.
Fees. Fees shall be paid and include the standard building permit fee and any other reasonable fee as set forth, from time to time, in the fee schedule[1] established and annually reviewed by the Town Board.
[1]
Editor's Note: The fee schedule is on file in the Town offices.
Accessory dwelling unit permits and certificates of occupancy. An accessory dwelling unit permit shall comply with the provisions of §§ 96-8 through 96-23 of the Zoning Law, which require issuance of a building permit for construction and a certificate of occupancy for occupancy.
NYS Building Code. Nothing in this section is intended to supersede any of the provisions of the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time. If any of the provisions herein conflict with the New York State Uniform Fire Prevention and Building Code, the New York State Uniform Fire Prevention and Building Code shall control. Habitable living space shall not be approved or occupied except in compliance with all applicable federal, state and local laws, codes, rules and regulations and the Building Department shall have the right to periodically inspect the premises, upon reasonable notice to the owner, to ensure that all applicable laws and codes are being followed.

§ 164-19.6 Short-term rental accommodations (STR).

[Amended 8-14-2025 by L.L. No. 5-2025]
Purpose. The purpose of this section is to establish a set of regulations applicable to the short-term rental of residential real property in the Town of Stanford. These regulations are in addition to all other provisions of this chapter. In the adoption of these standards, the Town Board of the Town of Stanford (the "Town Board") find that short-term rental accommodations have the potential to be incompatible with surrounding residential uses, especially when several are concentrated in the same area, thereby having the potential for a deleterious effect on the adjacent full-time residents. The Town Board recognizes the benefits of short-term rental accommodations ("STR") to allow homeowners to supplement their income to defray the cost of housing and to provide lodging for visitors to the Town. The Town Board finds that short-term rental accommodations have the potential to have a detrimental effect on affordable housing and economic diversity in the Town, by removing dwelling units from the long term rental market and driving up demand for the limited remaining housing supply. This can result in fewer available units and increased prices or rents for those units that are available. Special regulation of these short-term rental uses is necessary to ensure that they will be compatible with surrounding residential uses, protect the health, safety and welfare of Town residents and will not act to harm or alter the neighborhoods they are located within.
Presumption of dwelling unit as short-term rental accommodation. The presence of the following shall create a presumption that all or a part of the property is being used as an STR:
All or part of the property is offered for lease on a short-term rental website, including but not limited to Airbnb and VRBO, for a rental period of less than 31 days; or
All or a part of the property is offered for lease for a period of 31 days or less through any form of advertising.
The foregoing presumptions may be rebutted by documentary evidence presented to the Building Inspector sufficient to show that the premises is not operated as a STR.
Zoning districts. A short-term rental accommodation, as defined in § 164-59, is permitted as either a principal or accessory use to a single-family, duplex, two-family, multiple dwelling or multi-use residence in all zoning districts in conformance with this section and all other applicable sections of the Zoning Law.
Commercial nature. An STR shall be considered a commercial enterprise and commercial property and, as such, shall be subject to inspection by the Town as herein provided.
Privilege. The issuance of an STR permit shall be considered a privilege granted by the Town and not a right of a property owner, and as such, the Town Board may limit the number of STR permits and such permits may be revoked for non-compliance with the provisions of this Code.
Standards. An STR shall only be allowed subject to an application for an STR permit issued by the Building Inspector, renewable on a biennial basis, and in compliance with the following standards:
Permit required. The Town Board may establish by resolution the number of STR units that may be permitted at any time. The initial number of such STR permits shall be limited to a maximum of 55 STR units within the Town. Preference shall be given to existing operating applicants who are registered with Dutchess County prior to the effective date of this law. Such applicants already registered with the county prior the effective date of this law shall have 90 days from the effective date of this law to submit their application under the requirements of this section. Further applications will be accepted on a first-come, first serve basis until permits for 55 units are issued. Subsequent applications will be placed on a wait list. If and when there are permits for fewer than 55 units, the wait list will be utilized starting with the application that has been on the wait list the longest amount of time.
Permit term and transferability. Permits shall be issued to the owner of the parcel ("STR permit holder") and are not transferrable or assignable. Separate permits shall be issued for each STR unit. A parcel owner may have more than one STR permit. The term of a permit shall be two years. Submission, Supporting documents shall be submitted to the building department in order to determine whether the proposed STR meets the requirements set forth herein, including the location and size of the existing septic system and well, and the structures on the lot, both as they exist and as they would appear with the STR. Parking locations shall be shown.
Application procedure and decision.
Application. An applicant shall submit an application for an STR permit to the Building Inspector with a checklist attachment and other submissions establishing compliance with all the requirements for an STR.
Fees. A bi-annual fee shall be paid per STR unit for issuance and renewal of the STR permit, together with any other applicable fees as set forth, from time to time, in the fee schedule established and annually reviewed by the Town Board.
Review period. The Building Inspector shall within 30 days of receipt of a complete submission determine whether to either issue the STR permit, with or without conditions, or notify the applicant in writing that the application has been denied stating the reason or reasons for such denial.
Responsible party. The contact information for the STR permit holder and for the responsible representative or management company ("agent") of the STR permit holder, if any, shall be provided to the Town as part of the STR permit application at time of submission, and the STR permit holder shall update this contact information as needed during the term of the STR permit to ensure it is accurate and up to date.
Inspection required. A satisfactory inspection from the Building Inspector is mandatory prior to issuance or renewal of an STR permit. The applicant or STR permit holder shall arrange for and schedule such inspection directly with the Building Inspector and give reasonable access for inspections to be conducted to ensure compliance with the provisions of the Town of Stanford Code, the NYS Uniform Fire Protection and Building Code.
Department of Health requirements. The premises shall be in full compliance with the standards of the Dutchess County Department of Health.
County and state laws. The STR permit holder shall comply with all applicable requirements of Chapter 264, Article III of the Dutchess County Charter, Code and Ethics (Hotel Occupancy Tax) and Article 12-D of the Real Property Law of the State of New York (Short-Term Residential Units).
Maximum occupancy. The maximum occupancy for an STR shall be determined by the septic capacity established by the Dutchess Country Department of Health, not to exceed two occupants per bedroom. Maximum occupancy for an STR does not include children under five years of age. In no event shall the number of guests of an STR any given time, including, but not limited to, events such as indoor or outdoor social gatherings or parties, exceed double the permitted occupancy of the STR.
Location of STR. An STR shall be limited to the principal dwelling or an accessory structure on the parcel, provided, however, that an STR may not be located in an accessory dwelling unit (ADU) pursuant to § 164-19.5 of this Code.
Habitable space. An STR shall not be located in a basement or an attic, except where said space is deemed habitable space as per the New York State Uniform Fire Prevention and Building Code.
Parking. An applicant seeking an STR permit must demonstrate that there is area available in which to provide adequate off-street parking for the premises. A minimum of one additional space per bedroom shall be provided for the STR, and parking shall be allowed in a location on the lot as required by the Zoning Law.
Display of permit. A copy of the STR permit must be prominently displayed within the interior of the STR during the duration of its validity. The availability of the STR to the public shall not be advertised on the premises. The STR permit number must be included in any listing.
Guest compliance with Town Code. All guests of an STR are subject to the provisions of § 164-15 of the Town Code and of the enforcement of § 164-48. The STR permit holder is responsible for informing each guest of an STR of these provisions. All guests of an STR are required to refrain from any conduct on the property on which the STR exists, which disturbs the health, safety, peace or comfort of the neighborhood or which otherwise creates a public nuisance.
Building Code. Nothing in this section is intended to supersede any of the provisions of the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time. If any of the provisions herein conflict with the New York State Uniform Fire Prevention and Building Code, the New York State Uniform Fire Prevention and Building Code shall control. An STR shall not be approved or occupied except in compliance with all applicable federal, state and local laws, codes, rules and regulations and the Building Department shall have the right to periodically inspect the premises, upon reasonable notice to the owner, to ensure that all applicable laws and codes are being followed.
Smoke and carbon monoxide detectors. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
Fire extinguisher. There shall be a Class B-C fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the STR permit holder to ensure each contains a full charge. A record of the date inspected, initialed by the permit holder, shall be maintained and made available to the Building Inspector upon request.
Display of house number. The house number of the premises shall be displayed both at the road and on the dwelling unit so that the house number of the premises is clearly visible from both road and the driveway.
Electrical system. Electrical systems for the premises shall be in good operating condition, labeled, unobstructed and shall be visible for the Building Inspector during inspections. Any defects found shall be corrected prior to issuance of an STR permit. A current boiler or furnace service report, including a record of the date inspected, initialed by the permit holder, shall be maintained and made available to the Building Inspector upon request.
Insurance standards. All STR permit holders must provide evidence of property hazard insurance and a certificate of liability insurance indicating the premises is rated for short-term rental accommodations and maintain such insurance throughout the term of the STR permit.
Waste removal. Timely provisions shall be made for garbage removal from the STR during rental periods.
Notice required. A notice shall be prominently displayed within the interior of the STR during the duration of the permit's validity which includes the following:
The contact information for the STR permit holder and agent, if any;
Maximum property occupancy;
Maximum on-site parking provided;
A good neighbor statement stating that STR guests must be considerate of the residents in neighboring homes and are required to refrain from any conduct on the property that disturbs the health, safety, peace or comfort of the neighborhood or which otherwise creates a public nuisance;
All STR guests will be subject to New York Penal Law § 240.20 or any successor statute regarding disorderly conduct;
Littering is illegal;
Recreational campfires must be attended at all times, and when burn bans are in effect; and
The following shall not be permitted or operated at the STR:
Discharge of firearms;
Pyrotechnics.
Compliance and penalties. If the Building Inspector either witnesses or receives a written complaint of an alleged violation of this section or a violation of the conditions of any STR permit issued pursuant to this section, the Building Inspector shall properly record such complaint and immediately investigate the report thereon. If the Building Inspector determines there is a violation of this section, the owners shall be notified, in writing, by both first class mail and certified mail, return receipt requested of said violations and the Building Inspector may take any or all of the following actions:
Impose additional conditions to the existing STR permit.
Require corrective action that remedies the violation(s). The corrective action must be completed and approved within 30 days of notice from the Building Inspector or the owner risks revocation of the STR permit.
Suspend the STR permit. The notice of suspension shall be provided to the property owner and a copy filed with the Town Clerk.
Revoke the STR permit. If an STR permit is revoked, all owners of the property on which the STR exists shall be prohibited from obtaining an STR permit on the property for a period of one year after the date of revocation. The Building Inspector shall send notices of revocation to the property owners and shall file a copy with the Town Clerk.
Issue a court appearance ticket for violation of a Town law.
Renewal of permit.
STR permits will automatically expire after a two-year term, but may be renewed prior to expiration for a subsequent two-year term by permit holders in good standing.
Renewal STR permits will be granted for an additional two-year term if the following conditions are met:
Application for renewal of the STR permit shall be made no less than 30, nor more than 90 days prior to expiration of the current STR permit and be accompanied by the renewal fee.
At the time of application for renewal, the STR permit holder must present the previous STR permit. The property must undergo a new inspection performed by the Building Inspector pursuant to the requirements of Subsection F(4) above.
Any violations must be remedied prior to renewal of an STR permit.
Grounds for suspension or revocation of permit. The Building Inspector may immediately suspend or revoke an STR permit based on any of the following grounds:
STR permit holder has falsified or failed to provide information in the application for a permit or the application for STR permit renewal.
STR permit holder failed to meet or comply with any of the requirements of this section.
STR permit holder is in violation of any provision of the Code of the Town of Stanford.
Applicant has been found guilty by a court of law of a violation of any provision of the Penal Code of the State of New York, which violation occurred at the premises on which the STR exists, or is related to the occupancy of the STR.
Any conduct on the property on which the STR exists, which disturbs the health, safety, peace or comfort of the neighborhood or which otherwise creates a public nuisance.
Removal or disrepair of any safety devices such as, but not limited to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
Appeals and hearings. The STR permit holder or owner of the premises is entitled to appeal a determination by the Building Inspector to the Zoning Board of Appeals in accordance with § 164-51.
Existing short-term rental accommodation commitments at effective date. Notwithstanding the foregoing, those property owners with existing short-term rental accommodation commitments existing on or before the date this section takes effect shall be permitted to honor such existing commitments. Following the effective date of this section, owners with existing short-term rental operations may continue to make new commitments for short-term rental accommodation, provided that the owner submits a complete application for STR permit within 90 days of this section's effective date. In the event that a complete application is not submitted within such period or if such application is denied, all such new commitments made by said property owner after the effective date of this section shall be deemed to be in violation of this section and shall be cancelled.