Union Vale City Zoning Code
ARTICLE IV
Area and Bulk Regulations
§ 210-11 District Schedule of Area and Bulk Regulations.
A.
The general area and bulk regulations in each zoning district are set forth in the single and last annexed District Schedule of Area and Bulk Regulations/Residential and Commercial Districts, which for convenience is found at the end of this chapter.
B.
The District Schedule of Area and Bulk Regulations is supplemented, as appropriate, by other provisions of this chapter, including the supplementary regulations set forth in Article V and the additional specific standards and requirements for certain special permit uses stated in Article VI, §§ 210-56 through 210-58, of this chapter.
§ 210-12 Existing lots of record.
Nothing contained herein shall prohibit the use of an existing lot of record, as defined in Article XII, § 210-86A, of this chapter, of less than the prescribed lot area, lot width or lot frontage for the district in which it is located, provided that each of the following criteria is satisfied:
A.
Except as otherwise may be provided within § 265-a of the Town Law, such lot does not adjoin any other lot, lots or tract of land held by the same owner which aggregate area either complies fully or more nearly complies with the minimum lot area required by the District Schedule of Area and Bulk Regulations for the zoning district.
B.
Development of the lot shall satisfy all applicable requirements of the Town of Union Vale, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation for potable water supply and sanitary sewage facilities.
C.
If created after September 24, 1962, the lot is part of a subdivision plat approved by the Town of Union Vale Planning Board in accordance with Chapter 192, Subdivision of Land, and filed in the Dutchess County Clerk's office in a timely manner pursuant to the Town Law.
D.
If developed for residential use, use of the lot shall be limited to one principal single-family dwelling and its associated permissible accessory structures.
E.
Development of such existing lot of record may, upon a demonstration by the applicant satisfactory to the Code Enforcement Officer that greater side and rear yards which either comply or more nearly comply with this chapter cannot be reasonably provided, occur in accordance with the following reduced minimum side and rear yard requirements:
F.
Development of such existing lot of record complies with all other area and bulk regulations for the zoning district.
§ 210-13 Minimum lot area per dwelling unit and density bonuses.
[Amended 12-8-2010 by L.L. No. 15-2010; 1-18-2023 by L.L. No. 1-2023]
A.
In all zoning districts where residences are permitted, a lot may only be improved for residential use in accordance with the minimum lot area and bulk regulations for the district as set forth in the District Schedule of Area and Bulk Regulations, except for the following:
(2)
As otherwise provided within § 210-20 of this article with regard to certain minimum lot area, lot width and frontage exceptions for average density subdivision lots, flag lots and lots with frontage on cul-de-sac, each as created in accordance with Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale.
B.
Moreover, except as may be authorized within a conservation subdivision or residential cluster development under Article V, § 210-32, only one single-family or two-family dwelling and related accessory uses, as may be authorized within the District Schedule of Use Regulations,[1] may be constructed on any lot or other parcel within the Town of Union Vale. Further, a residential lot of required or greater than required lot area as set forth in this chapter shall not be reduced in area for transfer of ownership if such lot so divided will form two or more lots, any of which shall be less than the minimum lot area for the district in which the lot or lots are situated.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Density bonuses.
(1)
Purpose, applicability, and incentives.
(a)
Purpose. Pursuant to § 268-b of the New York State Town Law, the Town of Union Vale hereby establishes a program to promote further protection of the environment and maintenance of the Town's rural character by providing incentive(s) to applicants seeking approval of a subdivision or residential development. It does this by giving landowners and applicants, under certain circumstances, the opportunity to receive additional residential density as an incentive to provide certain desired amenities in Town by participating in the Town's Union Vale Density Bonus program.
(2)
Applicability.
(a)
The incentives set forth in this section shall be applicable to residential, commercial, or mixed use (commercial and residential) uses in the TC District.
(b)
Where an application seeks more than one type of approval, the project shall be considered in its entirety and incentives shall not be granted separately for more than one approval.
(c)
Incentives shall not be granted where the community benefits or amenities offered are already required under other provisions of this Zoning Law, other Town of Union Vale laws, or State law, including any mitigation measures required pursuant to the State Environmental Quality Review Act.
(d)
All housing types allowed pursuant to Attachment 2 of this chapter[2] are eligible to be used as density bonus units.
[2]
Editor's Note: Said attachment is included as an attachment to this chapter.
(3)
Types of incentives. Notwithstanding any contrary provision of Town or State law or other provisions of this chapter that limits or restricts the maximum unit density of a proposed project or subdivision, an applicant may apply to the Planning Board for an incentive adjustment to the total units allowed pursuant to this subsection in exchange for enhancing the environment or maintaining rural character as detailed below. The Planning Board may approve up to a 50% (maximum) aggregate increase to the total housing density as calculated for the total parcel from the area and bulk standards established in Attachment 1 of this chapter[3] for the proposed project. No bonus shall be allowed unless the project provides amenities totaling a minimum of four points. The maximum bonus of 50% can be earned by providing at least 12 points, as follows:
(a)
At least 10% of the total dwelling units having a footprint of 1,500 sf or less, so as to be able to be sold, or rented, at or below average market price for such units as established annually by Dutchess County. (four points)
(b)
Low Impact Development Standards (LID) pursuant to Chapter 5 of the New York State Stormwater Design Manual. (four points)
(c)
Solar integrated building materials, including but not limited to shingles and siding. (four points)
(d)
Buildings designed and built according to the LEED Standards for energy conservation. Such buildings shall be at least at a certified rating level. (eight points)
(e)
At least two electric car charging stations, or 5% of the total number of parking spaces. When more than 2 EV stations are proposed, they shall not be placed together to create a concentrated bank of charging stations. (two points)
(f)
Trails and pathways, in addition to those required by § 210-32G(5)(b), that connect the proposed development to other trails, sidewalks or pathways leading to a neighboring community, commercial destination, or development or that create internal connections for continuous walkability within the development. (four points)
(g)
Planting and maintaining vacant fields or open areas with pollinator-friendly native perennial species. (two points)
(h)
A forest management or wildlife management plan that is developed by a qualified forester or wildlife biologist, and implemented, and maintained. (two points)
(i)
Other amenities, as may be determined by the Town Board as eligible for a density bonus.
(j)
If fewer than 12 points for amenities are proposed or awarded, the percent increase in the number of units shall be a percentage of the total. For example if eight of 12 points are proposed or awarded (66.6%), then the number of density bonus units is the same ratio (66.6% of the maximum increase of 50% or a maximum 33% bonus).
[3]
Editor's Note: Said attachment is included as an attachment to this chapter.
(4)
All siting, environmental protections, building design, parking, and other requirements of this Zoning Law and the Subdivision of Land Regulations shall be met.
(5)
Density bonus units shall be compatible with the design of the remaining units in terms of appearance, materials, and finish quality. They shall be mixed with, and not clustered together or segregated in any way from market-rate units.
(6)
Procedures and Criteria for Approval of Union Vale Incentives.
(a)
The Town Board authorizes the Planning Board to approve density bonuses only as follows:
[1]
A completed application for a density bonus shall be filed with the Planning Board on a form required by the Town of Union Vale concurrently with its subdivision application. The application shall require general information on the nature and scope of the development, all information as required by the Subdivision of Land Regulations or this Zoning Law and a general description of the development and all proposed incentives to be included.
[2]
Compliance with SEQRA. All applicable requirements of Town Law § 261-b related to SEQR shall be complied with as part of the review process whenever any Union Vale density bonus is requested. The applicant for density bonuses shall bear all costs for the preparation and review materials to analyze potential adverse environmental impacts related to allowance of such proposed additional density. Such review shall evaluate whether the site contains adequate resources and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that it does not adversely impact the environment.
[3]
The Planning Board shall hold a public hearing, noticed in the officially designated newspaper of the Town of Union Vale, within 62 days of a density bonus request. Within 62 days of the close of the public hearing and upon completion of the SEQRA process, the Planning Board shall approve, approve with modifications or conditions, or deny the proposed density bonus incentive application. A written statement of the findings shall be prepared by the Planning Board that documents the basis of its decision. The findings shall include, but not be limited, to the following:
[a]
That the proposed density adjustments would not have a significant adverse impact on the property, or to adjoining property, or to the neighborhood or environment in which the property is situated.
[b]
That proper easements, surety or performance guarantees, if necessary, between the applicant and the Town are or will be in existence as of the date the final plat map is signed by the Chairperson of the Planning Board.
[c]
That the necessary water and wastewater treatment requirements can be met with the proposed density adjustments.
[d]
That the proposed amenity provides sufficient public benefit to justify the requested incentive.
[e]
That all requirements of SEQRA have been met, including the required findings under that law.
[f]
That the proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including but not limited to wastewater treatment, potable water, transportation, waste disposal, and fire and emergency protection, without reducing the availability of such facilities for projects permitted as of right under the Town of Union Vale Zoning Law.
[g]
That the public benefit realized by the amenity provided by the applicant is commensurate with the incentive granted by the Planning Board and in harmony with the purpose and intent of this law and that the project is sufficiently advantageous to render it appropriate for grant of an incentive and that the project will add to the long-term assets of the Town of Union Vale.
[h]
That the use of an incentive for the particular project is consistent with the Comprehensive Plan.
(7)
Upon approval of a density bonus, the Planning Board is authorized to subsequently act on the application for preliminary and final approval of a subdivision pursuant to the Subdivision of land Law pursuant to this law and the Town's Subdivision of Land Regulations.
(8)
Upon approval, Plat Notes or Site Plan Notes shall be placed on any final subdivision or site plan reciting the obligations agreed to in the application in conjunction with the plan.
§ 210-14 Height exceptions.
A.
The height limitations set forth in the District Schedule of Area and Bulk Regulations shall not be applicable to the following structures or described part or parts thereof:
(2)
Flagpoles.
(3)
Radio or television antennas, transmission towers or cables and communication towers incidental and accessory to a principal use, any of which shall be limited to a maximum height of 35 feet above average finished grade at its base, or as may be more restricted within Article V of this chapter.
[Amended 3-11-2010 by L.L. No. 12-2010]
(4)
Spires, belfries, chimneys, parapets or railings, elevators, stair bulkheads, solar collectors, air conditioning and other mechanical appurtenances, including wind generators, and similar features which in their aggregate occupy no more than 10% of the roof area of the building to which they are an integral architectural or mechanical element. Such features shall be erected only to such minimum height as is necessary to accomplish the purpose for which they are intended and shall in no instance, other than spires or belfries, exceed 40 feet above the average finished grade of the building to which they are affixed.
[Amended 3-11-2010 by L.L. No. 12-2010]
(5)
Windmills, wind turbines or similar components of a wind energy system incidental and accessory to a principal use within the RA5, RD10, TC and A Districts, subject to the issuance of a special use permit in accordance with the additional specific standards and requirements set forth in Article VI, § 210-56B(9), of this chapter.
[Added 3-11-2010 by L.L. No. 12-2010[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(5) as Subsection A(6).
B.
No structure or other exception to the height limitations set forth in the District Schedule of Area and Bulk Regulations shall be used as a place for habitation or for advertising purposes not otherwise authorized by this chapter.
§ 210-15 Corner lots; obstructions at intersections.
A.
Required front yards. On a corner lot, each street frontage shall be deemed to be a front street line and the required yard along each such lot line shall be a required front yard. The above notwithstanding, for the purposes of this chapter no lot shall, however, be interpreted to have more than two front yards, regardless of how such lot is located or configured. The Code Enforcement Officer, in consultation with the owner, shall establish which of the remaining yards shall be the required side yard and the required rear yard for purposes of this chapter.
B.
Obstructions at street intersections. At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height, as measured above curb level, if any, or above the existing roadway grade, shall be erected or installed and maintained within the triangle formed by the intersecting street lines or their projections where corners are rounded and a straight line joining said street lines at points which are 30 feet distant from their point of intersection measured along said street lines and/or projections. This subsection shall not, however, be construed to apply to existing street trees, provided that no branches are maintained closer than six feet to the ground.
§ 210-16 Architectural features permitted in required yards.
The following architectural features of a building may extend into a required yard subject to the limitations provided herein:
A.
Ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
B.
Chimneys or pilasters.
C.
Open arbor or trellis.
D.
Unroofed steps, patio or terrace not less than 50% of the minimum setback distance required for the zoning district under this chapter for a principal building from any side or rear lot line.
E.
Awning or movable canopy not to exceed 10 feet in height, nor projecting more than six feet into any required yard.
G.
Open fire escapes on the side or rear of a building and extending not more than eight feet from the principal building or closer than five feet to any lot line.
§ 210-17 Accessory structures.
A.
Permanent accessory structures. Accessory structures, as defined in Article XII, § 210-86A, of this chapter, may be constructed in any side or rear yard of a residential premises, notwithstanding the minimum setback requirements for principal buildings set forth in the District Schedule of Area and Bulk Regulations, provided that the limitations stated herein are met:
[Amended 3-11-2010 by L.L. No. 12-2010]
(2)
Except in the H and NC Districts where a minimum setback of 15 feet is authorized, no such structure shall be set back less than 25 feet from any side or rear lot line in the R1, R1.5 and RA3 Districts, or less than 35 feet from any side or rear lot line in the RA5 or RD10 Districts.
(3)
No such structure shall be located less than 12 feet from the principal building or less than a distance equal to the height of the accessory building, whichever dimension shall be greater.
(4)
No such structure shall project closer to the fronting street than the principal building on the lot or the required front yard setback for the zoning district within the RA5 and RD10 Districts, whichever shall be less restrictive. Within all other residential districts, no such structure shall project closer to the fronting street than the principal building on the lot.
[Amended 3-11-2010 by L.L. No. 12-2010]
(5)
Except in the RD10 and RA5 Districts, all roofed permanent accessory structures, exclusive of agricultural buildings, shall in the aggregate comprise not more floor area that either the principal building on the lot or 1,500 square feet, whichever is the more restrictive.
(6)
Except in the RD10 and RA5 Districts, not more than three permanent accessory structures, other than permitted signs or agricultural buildings and no more than one of which may be a garage, shall be permitted on an individual lot in a residential district. In the event the lot exceeds 10 acres in land area, additional accessory structures may be sited if a special use permit is granted therefor in accordance with Article VI of this chapter.
B.
Portable accessory structures. Portable accessory structures with a maximum floor area of 100 square feet may be installed or constructed and utilized on any premises without the issuance of a building permit or certificate of occupancy, provided any such structure complies with the following additional criteria:
(1)
The structure does not have a permanent foundation.
(2)
The structure is not served by electricity, gas or plumbing.
(3)
The structure does not exceed 10 feet in height.
(4)
The structure is never used for human habitation, not to be construed as precluding its use as a children's play structure.
(5)
All other requirements of this chapter related to the location of accessory structures are fully met, including but not limited to the minimum setback requirements for a permanent accessory structure.
C.
Fences and walls. Fences and walls may be located in required yard areas or elsewhere on a lot, parcel or premises where in full compliance with the standards provided within both § 210-15, Corner lots; obstructions at intersections, of this article and Article V, § 210-27, Fences and walls within required yards, of this chapter.
§ 210-18 Distance between principal buildings on same lot.
[Amended 1-18-2023 by L.L. No. 1-2023]
Where more than one principal building may be permitted on a lot, no detached principal building shall be located closer to any other principal building on the same lot in a manner that prevents emergency service access. In determining such distance, the Planning Board shall consult with local fire and ambulance emergency service providers to ensure adequate access exists between buildings.
§ 210-19 Required modification of front yard setback on locations with substandard rights-of-way.
On streets, roads or highways with either no dedicated right-of-way or a dedicated right-of-way of less than 50 feet in width, the front setback shall be measured perpendicularly from the center line of the existing right-of-way with 25 feet added to the required front yard setback to establish the building line.
§ 210-20 Minimum lot area, lot width and frontage exceptions and modifications for residential lots.
In its review and approval of a subdivision plat in accordance with § 276 of the Town Law and Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, and in which instance lots are being platted exclusively for residential use, the Planning Board may and shall be authorized to permit the following exceptions and modifications to the minimum lot area, minimum lot width and minimum lot frontage requirements set forth in the District Schedule of Area and Bulk Regulations:
A.
Average density subdivision. That in a limited number of occurrences where the Planning Board finds it desirable to respect natural or existing man-made boundaries in the platting of lots or modify the configuration of lots to protect and enhance vital environmental resources such as those recognized in the Environmental Resource Overlay (ER-O) and Scenic Corridor Overlay (SC-O) Districts, and where it is possible to do so without adverse environmental impact or in contravention of the public health, safety and welfare, certain lots of less than the minimum lot area prescribed in the District Schedule of Area and Bulk Regulations may be authorized within an average density subdivision, as defined within Article XII, § 210-86A, of this chapter, and deemed to be conforming lots, provided that the threshold criteria and the minimum requirements set forth below are strictly applied:
(1)
The parcel proposed for average density subdivision shall be located either within the RD10 or RA5 Districts and/or classified within the ER-O or SC-O Districts.
(2)
Any reduced-area lot created within an average density subdivision shall have a minimum land area of five acres in the RD10 District, three acres within the RA5 District, or two acres if located elsewhere, with the calculation of minimum lot area subject to the limitations set forth in § 210-22 of this article and chapter.
(3)
Any such reduced-area lot shall be platted as part of an average density subdivision in which the mean, or average, lot area throughout the subdivision meets or exceeds the minimum lot area requirement for the zoning district. In other terms, after subtracting the acreage if any devoted to subdivision roadway, the maximum number of lots created from a single parcel in the RD10 District through use of the average density concept shall be established by dividing the total acreage of the parcel by 10 and rounding to the next lowest number. In the case of the RA5 District, this calculation would occur by dividing the total acreage of the parcel by five and similarly rounding to the next lowest number.
(4)
The above notwithstanding, the maximum number of reduced-area lots that may be created from a single parcel legally existing on May 30, 2002, through use of the average density subdivision technique shall be six lots.
(5)
Use of the average density subdivision technique shall not be applicable to any parcel created after May 30, 2002.
(6)
All other minimum standards for the platting of the lot and its development, as set forth in the District Schedule of Area and Bulk Regulations, shall apply to any such reduced-area lot.
(7)
The Planning Board shall require sufficient legal assurances (i.e., conservation easements or similarly binding legal mechanisms) to prevent future subdivision of the remaining lands of the parent parcel in a way that would cause the maximum average density standard of one lot per 10 acres in the RD10 District, one lot per five acres in the RA5 District, or such density standard as may be applicable within the underlying zoning district and thereby otherwise pertain to lots created from lands within the ER-O or SC-O Districts, to be exceeded.
B.
Flag lots. That in a limited number of occurrences where the Planning Board finds it to be essential to permit reasonable use of the subdivision tract without adverse environmental impact or in contravention of the public health, safety and welfare, flag lots, as defined in Article XII, § 210-86A, of this chapter, may be authorized as conforming lots provided that the limitation as to number of lots and the minimum requirements set forth below are strictly applied:
(1)
That the number of flag lots authorized on any subdivision plat shall be related to the total number of lots shown on the final subdivision plat and shall not exceed the number specified below:
(2)
That any authorized flag lot shall have a minimum lot frontage of 50 feet not less than 25 feet of which shall be dry land area with topographic conditions suitable for driveway access. The above notwithstanding, any flag lot contiguous to another lot or lots with less than the minimum frontage prescribed in the District Schedule of Area and Bulk Regulations shall share a common access point and driveway with the adjacent lot or lots.
(3)
That any authorized flag lot shall have not less than the minimum lot width specified for the zoning district at the building line established on the final subdivision plat, rather than at the minimum required front setback line as otherwise specified in this chapter. The building line so established shall be located a distance not less than the minimum front setback otherwise required in the zoning district further from the lot frontage than the line at which the minimum lot width specified for the zoning district is first met.
(4)
That any authorized flag lot satisfy the minimum lot area requirement specified for the zoning district by consideration of only that land which lies further from the lot frontage than the line at which the minimum lot width specified in the District Schedule of Area and Bulk Regulations is first met. The above notwithstanding, that the minimum total lot area of any flag lot shall be not less than 150% of the minimum lot area otherwise authorized within the zoning district.
(5)
That a conspicuous note be located on the subdivision plat both advising that any authorized flag lot may not be further subdivided, i.e., resubdivided, and providing specific reference to the affected lot or lots.
C.
Cul-de-sac frontage lots. That in the case of any proposed lot with not less than 75% of its frontage on the right-of-way circumference of the turnaround to be installed within a subdivision, the following reduced minimum lot frontage requirements may be applied in the respective zoning districts for creation of a conforming lot:
§ 210-21 Transition requirement between zoning districts.
Where the side or rear yard of a lot abuts a side or rear yard of a lot in a more restricted zoning district, there shall be provided along both sides of such abutting lot line or lines, side or rear yards equal to those required in the more restricted zoning district.
§ 210-22 Lands designated as freshwater wetlands, under water or subject to periodic flooding.
[Amended 3-11-2010 by L.L. No. 12-2010]
A.
No more than 25% of the required minimum lot area for any lot in any zoning district may be fulfilled by land which is included within either a designated wetland as delineated by the New York State Department of Environmental Conservation in accordance with Article 24 of the Environmental Conservation Law or any other wetland area subject to jurisdiction by the U.S. Army Corps of Engineers pursuant to Section 404 of the Federal Clean Water Act, which lies under water or which is subject to periodic flooding under conditions of a one-hundred-year flood, as delineated by the Federal Emergency Management Agency and set forth within Article II of the chapter as the Flood-Fringe Overlay District (FF-O) District. In other terms, any lot must include dry upland area of not less than 75% of the minimum lot area for the zoning district.
B.
In the RD-10 District, not less than 50% of the required minimum lot area for the zoning district shall be provided through contiguous dry upland area. In all other zoning districts, not less than 60% of the required minimum lot area shall be provided through contiguous dry upland area.
C.
All minimum front, side and rear yard requirements set forth within the District Schedule of Area and Bulk Regulations must be satisfied by measurement wholly on dry land, except that for purposes of this subsection, land which is covered by a stream less than 10 feet in average width at mean water level or land covered by a pond not more than 2,000 square feet in surface area at normal high-water level shall not be considered as being under water.