Union Vale City Zoning Code
ARTICLE II
Zoning Districts
§ 210-5 Establishment and intent of zoning districts.
[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]
Establishment of zoning districts.
For the purposes of this chapter, the Town of Union Vale hereby establishes and divides the Town into the following nine zoning districts:
RD10 | Rural Development 10 District | |
RA5 | Residential Agricultural 5 District | |
RA3 | Residential Agricultural 3 District | |
R1.5 | Residential 1.5 District | |
R1 | Residential 1 District | |
H | Hamlet District | |
NC | Neighborhood Commercial District | |
TC | Town Center District | |
A | Airport District |
The following four additional overlay districts are also hereby created to provide special controls to supplement the regulations applicable to the underlying zoning district classification:
FF-O | Flood-Fringe Overlay District | |
ER-O | Environmental Resource Overlay District | |
SC-O | Scenic Corridor Overlay District | |
A-O | Airport Overlay District |
Intent of zoning districts.
The intent of the aforementioned nine zoning districts is to guide both the development and conservation of the Town's land resources in harmony with the Town of Union Vale and Dutchess County comprehensive plans and land use policies. The zoning districts are more explicitly described as follows:
The Rural Development 10 (RD10) District is intended to provide for the continuing natural resource, conservation, open space, agricultural and farm, recreational, larger-scale institutional and low-density rural residential use consistent with the existing development pattern of the Town's most environmentally sensitive lands, including its principal scenic vistas, rural countryside, agricultural lands and groundwater aquifer. Where any residential development may be proposed, estate-type parcels and/or use of either a cluster development or conservation subdivision technique, including potential for private large-lot open area development, is strongly encouraged in contrast to conventional subdivision. Substantial acreage within the RD10 District is subject to the complementary regulation, design guidelines and review procedures set forth within this chapter for above-established Environmental Resource Overlay (ER-O) and Scenic Corridor Overlay (SC-O) Districts.
The Residential Agricultural 5 (RA5) District is intended to provide for similar continuing natural resource, conservation, open space, agricultural and farm, and recreational use, as well as low-to-moderate density rural residential use and limited institutional uses and guest accommodations consistent with the Town's rural setting in areas somewhat less environmentally sensitive, particularly in the matter of visual prominence, than those in the RD10 District. Where any multi-lot residential development may be proposed, use of either a cluster development or conservation subdivision technique, including potential for private large-lot open area development, is strongly preferred to conventional subdivision. Design guidelines and review procedures associated with the above-noted ER-O and SC-O Districts also apply to substantial portions of the acreage within the RA5 District.
The Residential Agricultural 3 (RA3) District is intended to recognize the Town's predominant rural moderate-density single-family residential development pattern with individual on-site water supply and sanitary sewage arrangements and to accommodate similar density residential development where appropriately planned and designed to blend with continuing natural resource, agricultural and farm, and other open space uses and permitted institutional uses and guest accommodations likewise consistent with the Town's rural setting. Use of either residential cluster development or conservation subdivision techniques is encouraged throughout the RA3 District, most particularly so on those RA3 District lands overlain by the ER-O and/or SC-O Districts.
The Residential 1.5 (R1.5) District is intended to recognize areas within the Town with a substantially established moderate-to-low density suburban development pattern likewise served by individual on-site water supply and sanitary sewage arrangements where either a conventional or cluster subdivision technique might be applied to any remaining vacant land proposed for continuing residential development and limited smaller-scale institutional uses are permitted.
The Residential 1 (R1) District is intended to similarly recognize areas within the Town with a substantially established moderate density suburban development pattern, likewise without central water supply and/or common sanitary sewage facilities, where either small-scale conventional subdivision or individual lot development of heretofore created lots are the anticipated forms of continuing residential development and limited smaller-scale institutional uses are similarly permitted.
The Hamlet (H) District is intended to recognize an established settlement pattern typical of a small rural village and to foster opportunity for a mix of continuing residential use, including two-family dwellings, and limited, small-scale institutional, office, retail and personal service uses contributing through diversity and investment to the vitality of the H District but being regulated in terms of design, scale and other factors so as to not detract from the quality of residential environment.
The Neighborhood Commercial (NC) District is intended to accommodate within a limited portion of the Town in the NYS Route 82 corridor a continuing mix of single-family residential use and small-to-moderate scale institutional, community service, retail, office, service and other establishments primarily to serve the neighboring residents.
The Town Center (TC) District is intended to encourage mixed-use development of lands within the NYS Route 55 corridor and adjacent to County Road 21 in a manner consistent with the rural character of the Town. This is to occur through the siting of residential, commercial, or office uses and facilities with a scale, intensity and design consistent with the Town's adopted Comprehensive Plan to serve the residents of the Town of Union Vale and adjacent communities with design and siting emulating that of the hamlet or a village. Standards are established within this chapter for preferred uses, served by adequate infrastructure including highways, well and waste water treatment that do not adversely affect the environment or neighbors, and of site design and architectural expression appropriate to the Town's location and rural character. The uses and facilities in the TC District are not intended to be regional in their scale. An open area development (OAD) may be applied in the TC district pursuant to the same procedures and requirements as for the Airport District § 210-47E.
The Airport (A) District is intended to recognize Sky Acres Airport as both a unique land use and an important transportation amenity within the Town and its environs and to foster continuing development of the airport property both consistent with the facility's master plan and related designation of the airport property as an open development area by the Town and with due consideration to the effect of airport-related activities on adjacent or other nearby residential property owners.
The intent of the four overlay districts is also more explicitly described below:
The Flood-Fringe Overlay (FF-O) District encompasses that land designated by the Federal Emergency Management Agency as a "floodplain area with special flood hazards that is likely to be flooded at least once every 100 years."
The Environmental Resource Overlay (ER-O) District is intended to protect significant environmental resources, including the Town's wetlands, stream corridors, aquifers, historic and cultural sites, scenic areas and important farmlands from development that is considered incompatible on the basis of its scale, intensity or location.
The Scenic Corridor Overlay (SC-O) District is intended to recognize both roadways, if any, designated as "scenic" by the NYSDEC under authority of the New York State Scenic Byways Law, Article XII-C of the Highway Law, and other roadways that have been deemed locally significant in the Town's Master Plan and/or pursuant to Chapter 183, Scenic and Rural Roads, of the Code of the Town of Union Vale. Within these designated roadway corridors, view protection regulations are imposed to preserve their overall rural character, the setting of historic properties along these routes and the irreplaceable scenic vistas they offer.
The Airport Overlay (A-O) District is intended to depict lands outside the Airport (A) District but near Sky Acres Airport and/or below the arrival and departure flight tracks for its Runways 17 and 35, the users of which lands should expect to routinely experience noise associated with authorized air traffic and/or noise and light associated with airport operations.
§ 210-6 Zoning District Map.
The location and boundaries of said districts are shown on the annexed Zoning District Map, Town of Union Vale, which for convenience is found at the end of this chapter.
Said map, together with both the explanatory matter thereon including the maps of the Environmental Resource Overlay (ER-O), Scenic Corridor Overlay (SC-O), Flood-Fringe Overlay (FF-O) and Airport Overlay (A-O) Districts noted thereon and annexed thereto, is hereby adopted and is declared to be an appurtenant part of this chapter.
Said map shall be kept up-to-date and a certified copy thereof in its entirety shall be on display in the Town Clerk's office for the use and benefit of the public. Certified copies shall also be on file in the offices of the Planning Board and the Town Code Enforcement Officer.
§ 210-7 Interpretation of zoning district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid zoning districts as shown on the Zoning District Map, the following rules shall apply:
Where the district boundaries are indicated as approximately following the center lines or rights-of-way lines of streets, highways, public utilities or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically adjusted if a center line or right-of-way line of such street, highway, public utility or watercourse is moved a maximum distance of 50 feet by action of a person other than the owner of the affected land area.
Where district boundaries are indicated as approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines, or projections thereof, the boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning District Map or as shall be determined by uses of the scale shown on said map.
Where a district boundary divides a single lot in either single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot may, at the owners' discretion and with the exception of the Flood-Fringe Overlay (FF-O) District, extend not more than 50 feet into the more restricted portion, provided that the lot has street or highway frontage in the less restricted district and providing that all other requirements of this chapter, including extraordinary setbacks or buffers which may be required between certain uses, are wholly met.
In all other cases, where dimensions are not shown on the Zoning District Map, the location of the boundaries shown on said map shall be determined by use of the scale appearing thereon.
§ 210-8 Delineation of flood hazard zones.
The boundary of the Flood-Fringe Overlay (FF-O) District is established herein as delineated on the most current edition of the appropriate Federal Insurance Administration Flood Hazard Boundary Map (FHBM) as issued for the Town of Union Vale by the Federal Emergency Management Agency. Any revisions, amendments or successors thereto are hereby adopted and made part of this chapter.
The latest edition of said Flood Hazard Boundary Map shall be kept on file in the offices of the Town Clerk, the Planning Board and the Town Code Enforcement Officer for the use and benefit of the public.
§ 210-9 Applicability of zoning district regulations.
Except as otherwise specifically provided in this chapter:
No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, reconstructed or enlarged for any purpose except in conformance with the regulations herein specified for the zoning district in which it is located.
No part of a yard or other open space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building.
No yard or lot existing at the time of the adoption of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards of lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter, with any such lots further established in full accordance with the requirements of the Chapter 192, Subdivision of Land.
No off-street parking or loading space required for one building or use shall be included as meeting, in whole or in part, the off-street parking or loading space required for another building or use except as otherwise provided for in this chapter.
No off-street parking or loading space shall be so reduced in area that it does not meet the minimum requirements of this chapter.
Except as otherwise specifically provided by Article V, § 210-32, of this chapter in the case of a residential cluster development or in the limited instance of a bed-and-breakfast establishment or a boarding stable on certain single-family residential premises, there shall be no more than one principal building or use and its permitted accessory structures or uses on any one lot within any residential district.
In any nonresidential district, more than one principal permitted use or special permit use may be allowed in the same building and more than one principal building may be allowed per lot provided that the building or buildings and the uses comply in all respects with the minimum standards set forth in the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter, and site plan approval has been granted by the Planning Board for the building or buildings and uses in accordance with the requirements and procedures found in Article VII, §§ 210-61 through 210-66, of this chapter.
No yard, as required herein, shall be used for the open or unenclosed storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for the placement of signs or accessory structures except as special provision is made therefor within this chapter.
No new driveway shall be constructed except in conformance with the requirements specified herein, including the criteria for the design and construction of residential driveways, and no existing driveway shall be modified except so as to become either fully, or more nearly, in conformance with said requirements.
[Amended 10-9-2003 by L.L. No. 5-2003[1]]
[1]
This local law also redesignated former Subsection I as Subsection J.
Within each district, the requirements set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land and the use thereof.
