Wappingers Falls Village
City Zoning Code
City Zoning Code
ARTICLE IV
District Development Standards
§ 151-19 Dimensional standards.
[Amended 3-12-2025 by L.L. No. 1-2025]
These tables are supplemented, as appropriate, by the other provisions of this chapter, including, but not limited to: the land use regulations of Article III; the building design and infill standards set forth in Article V; the supplemental development standards for streetscapes, parking, landscaping, lighting, and signage set forth in Articles VI and VII; the overlay district standards set forth in Article VIII; the supplementary standards set forth in Article IX; the special use permit standards set forth in Article X; and the site plan review and approval requirements set forth in Article XI.
In order to protect water quality, no construction, development, or other land alteration including clearing, grading, filling, or other disturbance shall be permitted within 25 feet of the high-water mark of the Wappinger Creek or Wappinger Lake. The 25-foot setback shall be retained at all times as a natural vegetative buffer zone with native trees, shrubs, and grasses to minimize impacts of erosion and siltation on these significant water resources.
§ 151-20 Application of dimensional standards for required yards and lot coverage.
Required yards.
Except as hereinafter otherwise provided:
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 effective date 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.
Yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material, or for signs, unless otherwise provided in this chapter.
Lot coverage.
For any parcel in any district greater than 15,000 square feet, the maximum lot coverage shall be the parcel's acreage minus any area of constrained land for which no permits or approvals have been obtained that would allow development within such constrained land areas. Constrained land is that which contains any of the following features:
For lot coverage calculations, the applicant shall subtract the acreage of any constrained land from the total (gross) acreage. Maximum permitted lot coverage shall be based on the amount of acreage that remains.
The Planning Board's determination as to maximum permitted lot coverage shall be based on a certified survey of the parcel and delineation of the constrained features by a licensed land surveyor and by a tabular presentation by the land surveyor or a licensed professional engineer of the gross site acreage and each of the subtracted land areas set forth above. Two or more parcels in common ownership or under common control which are the subject of an application for subdivision or site plan approval may be considered as a single development parcel for purposes of this section.
§ 151-21 Corner lots and sight triangles.
Required frontages.
A corner lot shall be deemed to have two frontages, one on the primary street and one on the side street. The required yard along the primary street shall be the front yard, and the required yard along the side street shall be the side street yard.
The above notwithstanding, for the purposes of this chapter no lot shall, however, be interpreted to have more than two frontages, regardless of how such lot is located or configured.
Sight triangles. On any corner lot, no wall, fence, structure, sign, berm, or plant growth that obstructs sight lines at elevations between three and six feet above the driving surface of the adjacent roadway shall be permitted in the area formed by measuring 20 feet along both curb lines where they intersect, and connecting the two points to form a triangle, as illustrated in Figure IV-1.[1] This section shall not be construed to apply to existing street trees, provided that no branches are maintained closer than eight feet to the ground.
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[1]
Editor's Note: All photographs and graphics used in this chapter are for illustration only.
§ 151-22 Irregular lot conditions.
Irregular lot lines. Generally, side lot lines shall be perpendicular or radial to the street right-of-way, and rear lines shall be approximately parallel to the street right-of-way. Irregularly shaped lots shall be permitted at the discretion of the Planning Board when unique site conditions exist.
Irregular lot setbacks. The location of required front, side (interior and side street), and rear yards on irregularly shaped lots shall be determined by the Planning Board, based on the prevailing setbacks and spacing of buildings on the adjacent parcels.
Through lots. On lots with two street frontages, not located at a corner, the front setback shall apply to both streets, unless otherwise determined by the Planning Board.
Flag lots. The Planning Board may permit a flag lot as a conforming lot for a detached single-family dwelling, if all of the following conditions apply:
There is no reasonable alternative, due to extreme topographic conditions or other physical condition.
Connectivity and circulation via a network of streets, sidewalks, pathways, etc., will be maintained.
The flag lot shall have a minimum lot frontage of 24 feet on a public street to provide for an accessway, and no portion of a flag lot shall be less than 24 feet in lot width.
The front setback on flag lots shall be measured from the front property line within the main building site (the "flag" portion of the lot), as opposed to the property line adjoining the public right-of-way.
Flag lot access shall meet the minimum fire apparatus access road requirements as outlined in the New York State Uniform Fire Prevention and Building Code.
§ 151-23 Encroachments into setbacks and rights-of-way.
The following features shall be permitted to encroach into a required yard or right-of-way, as applicable, subject to the limitations provided herein:
Upper story encroachments. Bay windows, balconies and similar features projecting from the principal building may encroach up to 40% of the depth of the front yard setback.
Lower story encroachments. Cornices, eave overhangs, chimneys, flues, bay windows, and similar projections (including gutters) may encroach up to two feet into any required yard; provided, however, that the sum of such projections on any wall does not exceed 1/3 of the length of said wall.
Covered porches. Covered porches may encroach a maximum of eight feet into any required front yard.
Uncovered porches, stoops, decks, patios, steps and stairs. Uncovered porches, stoops, decks, patios, steps and stairs, and other similar features may encroach a maximum of three feet into any required front yard.
Accessibility ramps. Ramps, lifts and similar improvements required to provide access for persons with disabilities and/or compliance with ADA requirements, may encroach into any required yard but may not be closer to any property line than five feet. Such features shall not be located in a front yard if it is possible to accommodate them in a side or rear yard.
Fences and walls. Fences and walls (but not retaining walls) may encroach into required setbacks where in full compliance with the standards provided in§ 151-45I of this chapter.
Mailboxes. Mailboxes may encroach into a front setback area.
§ 151-24 Measurements.
Building height.
Purposes. Minimum and maximum building height standards promote relationship of scale among structures in residential, mixed-use, and commercial neighborhoods, helping to create harmonious environments which enhance a sense of place.
Applicability. Buildings constructed, enlarged, or modified after the effective date of this chapter shall comply with the maximum and (if applicable) minimum building height standards of the applicable zoning district.
Measurement of building height.
Building height is measured as the number of stories in a building as counted from the center-point of the building's primary facade. Attics and cellars shall not be considered a story. A basement shall be considered a story, whether occupied or not, if more than four feet of the basement is visible above the finished grade at the center-point of building's primary facade.
Where a maximum height is also provided in feet, that height shall be measured as follows:
Except as provided in Subsection A(3)(b)[2] below, building height is the vertical distance measured from the finished grade at the center-point of the building's primary facade to the highest point of the coping of a flat roof, to the deck line of mansard/gambrel roofs, or to the point midway between eaves and ridgeline for pitched, hip or gable roofs, but not including the features listed in§ 151-24C herein. Figure IV-2 illustrates the methods to measure building height.
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For purposes of the RMU District, building height is the vertical distance measured from the average elevation of the finished grade along the exterior facade of the building having the lowest finished grade to the highest point of the coping of a flat roof, to the deck line of mansard/gambrel roofs, or to the point midway between eaves and ridgeline for pitched, hip or gable roofs, but not including the features listed in§ 151-24C herein.
Height of structures other than buildings.
Height requirements for signs, lighting, landscape screens, and all other structures or objects for which a dimensional height requirement is established by this chapter shall be measured as the vertical distance from the average sidewalk or site grade at the structure or object's foundation to its highest point, as illustrated in Figure IV-3, unless otherwise specified by this chapter. The creation of berms, mounds or other devices, or increasing the height of existing berms or mounds, for the purpose of increasing a structure's height is prohibited.
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Height exceptions.
The height limitations of this chapter shall not be applicable to the following:
Spires and belfries; cupolas and domes not intended for human occupancy; water or cooling towers; skylights; mechanical penthouses for heating, cooling or ventilation equipment (provided they are set back 20 feet from the front building facade); railings for open-air rooftop decks; stair bulkheads and elevator shafts; ventilators; electronic equipment; air-conditioning units; chimneys and smokestacks, all of which in their aggregated coverage occupy no more than 20% of the roof area of the building of 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 not detract from the visual appearance of the building as determined by the Planning Board.
Solar collectors.
Monuments.
Flagpoles, radio or television antennas, and similar structures, any of which shall be restricted to a maximum height of 60 feet above average finished grade at its base.
Public utility poles, transmission towers and wires, which shall be restricted to a maximum height of 75 feet above average finished grade at their base.
Water tanks and standpipes.
No structure or other exception to the height limitations set forth herein shall be used as a place for habitation or for signage or advertising not otherwise authorized by this chapter.
Distances. Unless otherwise specified, all distances referenced herein that apply to a required separation between certain uses shall be measured horizontally by following a straight line, without regard to intervening buildings, from the nearest point of the parcel upon which the subject use is to be located to the nearest point of the parcel or the land use district boundary line from which the use is to be located.
§ 151-25 Accessory structures.
Permanent accessory structures.
Unless otherwise specified in this chapter, accessory structures shall meet the setback and height standards for accessory buildings in the district in which they are located as set forth in Tables 5 to 11,[1] unless the Planning Board determines that due to a structure's height and size, additional setbacks are required.
[1]
Editor's Note: Tables 5 through 11 are included as 151 Attachment 3 of this chapter.
Accessory structures not attached to a principal building shall be located no less than one foot from the principal building in order to be considered an accessory structure; otherwise, it shall be considered part of the principal building and shall be subject to all of the requirements for a principal building.
No more than three accessory buildings shall be permitted on any lot in the R and VR Districts, and on any lot in residential use in any district.
Portable accessory structures. A single portable accessory structure with a maximum gross floor area of 80 square feet may be installed or constructed and used on any lot without the issuance of a building permit or certificate of occupancy, provided that:
The structure does not have a permanent foundation.
The structure is not served by any utility such as electricity, gas or plumbing.
The structure does not exceed 10 feet in height.
The structure is never used for human habitation.
All other requirements of this chapter related to accessory structures are fully met.
§ 151-26 Exterior stairways to upper floors.
Exterior stairways leading to any floor or story above the ground floor shall be located on the rear wall in preference to either side wall, and shall in no instance be located on any wall fronting the street.