zoning chapter 120 zoning article i general provisions

ZONING

Chapter 120

ZONING

ARTICLE IGeneral Provisions; Purposes and Principles

§ 120-1. Legislative authority; purpose.

§ 120-2. Interpretation of provisions.

§ 120-3. Application of provisions; effect on otherlaws.

§ 120-4. Establishment of districts.

§ 120-5. Zoning Map; interpretation of boundaries;lots in more than one district.

§ 120-6. Allowable Use Groups Chart.

§ 120-7. Accessory uses.

§ 120-8. Dimensional T ble.a

§ 120-9. Accessory structures.

§ 120-10. Y rd setbacks at district boundaries.a

§ 120-11. Sight triangle.

§ 120-12. P rmitted yard encroachments.e

§ 120-13. Fences and walls.

§ 120-14. F rm animals on nonfarm lots.a

§ 120-15. Off-street parking.

§ 120-16. Off-street loading.

§ 120-17. Signs.

§ 120-18. Cellular communications towers.

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ARTICLE IIVillage Center District

§ 120-19. Village Center principles.

§ 120-20. Village Center Allowable Use Groups Chart.

§ 120-21. Village Center Dimensional T ble.a

§ 120-22. Apartments in Village Center.

§ 120-23. Site plan review.

ARTICLE IIIResidential District

§ 120-24. Residential principles.

§ 120-25. Residential Allowable Use Groups Chart.

§ 120-26. Residential Dimensional T ble.a

§ 120-27. Residential general provisions.

§ 120-28. Accessory dwelling units and two-familydwellings.

§ 120-29. Multiple-family dwellings.

§ 120-30. Home occupation performance standards.

§ 120-31. Planned residential development (PRD).

§ 120-32. Alternate-care housing (ACH).

§ 120-33. Site plan approval for subdivisions.

ARTICLE IVGateway Business District

§ 120-34. Gateway business principles.

§ 120-35. Gateway Business Allowable Use GroupsChart.

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ZONING

§ 120-36. Gateway Business Dimensional T ble.a

§ 120-37. Gateway business performance standards.

ARTICLE IVAMedical Office District

§ 120-37.1. Medical Office principles.

§ 120-37.2. Medical Office general provisions.

§ 120-37.3. Medical Office District Allowable Use Chart.

§ 120-37.4. Medical Office Dimensional T ble.a

ARTICLE VLand Conservation Overlay

§ 120-38. Findings; purpose; standards.

ARTICLE VISpecial Sensitivity Overlay

§ 120-39. Findings; purpose.

§ 120-40. Residential District.

§ 120-41. Village Center.


ARTICLE VIISpecial P rmits and Site Plan Approvale

§ 120-43. When required.

§ 120-44. Applications.

§ 120-45. Required information.

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§ 120-46. Special permits.

§ 120-47. Site plan approval.

ARTICLE VIIIV riances and Appealsa

§ 120-48. Appeals from official orders, requirements,decisions and determinations.

§ 120-49. Appeals for variances.

§ 120-50. Imposition of conditions.

§ 120-51. Appeal process and procedures.

ARTICLE IXNonconforming Uses, Buildings and Structures

§ 120-52. Nonconforming uses.

§ 120-53. Nonconforming buildings, structures andlots.

§ 120-54. Amortization.

ARTICLE XAdministration

§ 120-55. Zoning Enforcement Officer.

§ 120-56. Board of Appeals.

§ 120-57. Planning Board.

ARTICLE XIEnforcement

§ 120-58. Building and zoning permits.

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ZONING

§ 120-59. Certificates of occupancy.

§ 120-60. Fees.

§ 120-61. P nalties for offenses.e

ARTICLE XIIW rd Usage and Definitionso

§ 120-62. W rd usage.o

§ 120-63. Definitions.

ARTICLE XIIIMiscellaneous Provisions

§ 120-64. Severability.

§ 120-65. Amendments.

§ 120-66. Amendment procedure.

§ 120-67. Precedence of more restrictive standards.

ARTICLE XIVReferenced Guidelines

§ 120-68. Guidelines.

§ 120-69. Greenway connections.

[ HISTORY: Adopted by the Board of Trustees of the1Village of Rhinebeck 6-12-2001 by L.L. No. 2-2001.

Amendments noted where applicable.]

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1 Editor’s Note: This local law superseded former Ch. 120, Zoning, adopted 1-11-1977by L.L. No. 1-1977, as amended.

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§ 120-1 RHINEBECK CODE § 120-1

GENERAL REFERENCES

Planning and Zoning Board alternate members — See Ch. 14, Art. I.Unsafe buildings — See Ch. 41.Environmental quality review — See Ch. 49.Fire prevention and building construction — See Ch. 56.Flood damage prevention — See Ch. 59.P yment of professional fees — See Ch. 85.aSubdivision regulations — See Ch. A126.

ARTICLE IGeneral Provisions; Purposes and Principles

§ 120-1. Legislative authority; purpose.

This chapter is enacted pursuant to the authority and powergranted by Municipal Home Rule Law of the State of New Y rk,oArticle 2, § 10 et seq., of the consolidated laws, and under§ 7-700 of the New Y rk State Village Law, and in accordanceowith the land use policies, principles and guidance provided bythe Village of Rhinebeck Master Plan, to protect and promotepublic health, safety, morals, comfort, convenience, economy,aesthetics, general welfare, natural and cultural resources, andfor the following purposes:

A. T provide a flexible system of land use regulation thatoenables the Village to grow, while preserving its mostimportant historic, natural and cultural features.

B. T preserve the unique character of the Village.o

C. T enhance the sense of community among the Village’soresidents.

D. T promote and preserve the Village’s historic structures,osites and cultural features.

E. T enhance the aesthetic and architectural quality of theoVillage.

F. T promote a pattern of land use that reinforces theoVillage as a community center with defined boundaries.

G. T conserve important natural resources and featuresoand the rural character of the Village.

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§ 120-1 ZONING § 120-3

H. T protect residences from nuisances, odors, noise,opollution and other unsightly, obtrusive and offensiveland use activities.

I. T allow economic opportunities that are consistent withothe character of the Village and meet the needs of itsresidents.

J. T provide a broad range of housing options for allopresent and future Village residents, including youngpeople, families with children, and the elderly.

K . T regulate building density in order to concentrateopopulation in appropriate locations while allowingreasonable privacy for residences, ensuring access tolight and air, conserving open space, facilitating the

prevention of fires, and minimizing the cost of municipalservices.

§ 120-2. Interpretation of provisions.

All provisions of this chapter shall be construed broadly tofulfill the purposes stated in § 120-1 above.

§ 120-3. Application of provisions; effect on other laws.

In their interpretation and application, the provisions of thischapter shall be held to be the minimum requirements for thepromotion of the public health, safety, convenience, comfort andgeneral welfare. This chapter is not intended to interfere withor abrogate or annul any easement, covenant or otheragreement between parties; wherever the requirements of thischapter are at variance with the requirements of any otherlawfully adopted rules, regulations or ordinances, the morerestrictive or that imposing the higher standards shall govern.

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§ 120-4. Establishment of districts.

A. Land use districts. F r the purpose of this chapter, theoVillage of Rhinebeck is hereby divided into the followingdistricts: [Amended 4-4-2006 by L.L. No. 1-2006]

Residential District (R)Village Center District (VC)Gateway Business District (GB)Medical Office District (MO)

B. Overlay districts. Overlay districts do not change the useand dimensional requirements of the underlying landuse districts unless specifically so stated in this chapter.They are not intended to prohibit development, butrather to assure that the siting and design ofdevelopment is sensitive to historic and environmentalresources. On any given parcel of land, more than oneoverlay district may apply.

Special Sensitivity Overlay (SSO)Land Conservation Overlay (LCO)

§ 120-5. Zoning Map; interpretation of boundaries; lotsin more than one district.

A. The boundaries of the land use and overlay districts arehereby established on the map entitled “Village ofRhinebeck Zoning Map” adopted by the Village Board ofTrustees and certified by the Village Clerk, whichaccompanies and is hereby declared to be a part of thischapter. Unofficial photo-reductions of these maps are

2appended to this chapter for reference purposes only.

B. Interpretation of district boundaries. Where uncertaintyexists as to the boundaries of districts as shown on theZoning Map, the following rules shall apply:

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2 Editor’s Note: The Zoning Map and all amendments thereto are on file in the Villageoffices.

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§ 120-5 ZONING § 120-6

(1) Boundaries indicated as approximately following thecenter lines of streets or highways shall beconstrued to follow such center lines.

(2) Boundaries indicated as approximately following lotlines shall be construed to follow such lot lines.

(3) Boundaries indicated as following shorelines ofponds and lakes shall be construed to follow suchshorelines and, in the event of change in theshoreline, shall be construed as moving with theactual shoreline.

(4) Boundaries indicated as following center lines ofstreams shall be construed to follow such centerlines and, in the event of change in the center line,shall be construed as moving with the actual

(5) Boundaries indicated as parallel to or extensions offeatures indicated in Subsection B(1) through (3)shall be so construed. Distances not specificallyindicated on the Zoning Map shall be determined bythe scale of the map.

C. Lots in more than one district. Where a land use districtboundary line divides a lot in single ownership existingat the time of enactment of this chapter, the districtrequirements of the less restricted portion of the lot shallextend up to a maximum of 35 feet into the morerestricted portion of the lot.

§ 120-6. Allowable Use Groups Chart. [Amended 4-4-2006by L.L. No. 1-2006]

A. It is the purpose of this chapter to allow flexibility ofland use in conformance with the dimensional, use andperformance criteria contained herein. In reviewingapplications for special permits and site plan approval, itis the responsibility of the Planning Board and, ifnecessary, the Board of Appeals to attach suchconditions as may be necessary to ensure that a proposeduse will be compatible with its surroundings and

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consistent with the purposes of this chapter contained in§ 120-1. Such Boards shall deny any proposed use whichthey find will not or cannot be operated in a manner thatsatisfies the criteria in this chapter. No structure or landshall be used except as provided in the Allowable UseGroups Chart below. See § 120- 63 for definitions of theuse categories. Uses which are not allowed areprohibited.

B. In the following Allowable Use Groups Chart the symbol“p” means the use group is allowed as of right, thesymbol “sp” means the use group requires a specialpermit, and the symbol “X” means the use group is notallowed in that particular district. In the R District an“SSO” designation indicates that those use groups areallowed by special permit where the Special SensitivityOverlay applies.

T BLE 1AAllowable Use Groups Chart

Village Gateway MedicalAllowable Use Group Center Residential Business Office

Business Use GroupAgricultural use X sp p X

Amusement facility sp X sp X Auto service station X X sp X Craft workshop sp X, (SSO) sp X Funeral home sp X sp X Home occupation p sp X sp Medically related office sp

Professional office p X, (SSO) p X Recreational business X X sp X Retail business p X p X Service business sp X sp X

Residential Use GroupAccessory dwelling unit sp sp X sp

Alternate-care housing (ACH) X sp X X Apartments p X sp sp Bed-and-breakfast establishment p sp X X Bed-and-breakfast home p p X X Dwelling, single-family sp p X p Dwelling, two-family sp sp X sp Dwelling, multifamily sp X X X

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§ 120-6 ZONING § 120-8

Dwelling, multifamily X sp X X preexisting and registered

Lodging facility p X, (SSO) sp X Nursing home sp sp X X Planned residential development X sp X X

Community Use GroupCemetery sp sp sp X

Day care, family sp p X X Day care, family group sp X X X Educational use sp X sp X Hospital X sp X X Library sp sp sp X Lodge or club sp X, (SSO) X X Municipal use p p p X Religious institution sp sp sp X

Land Conservation Use GroupActive recreation sp sp sp X

P ssive recreation sp p p Xa

§ 120-7. Accessory uses.

In all districts, all uses permitted for each district by T ble 1,aAllowable Use Groups Chart, shall be permitted as accessoryuses, provided that the combination of uses shall meet all of theother provisions of this chapter.

§ 120-8. Dimensional T ble. [Amended 4-4-2006 by L.L.aNo. 1-2006]

T BLE 2ADimensional T blea

Y rd, Area, Setback and Height Requirementsa

VillageVillage Center – Gateway MedicalCenter SSO Residential Business Office

Minimum lot area 4,000 4,000 8,000 30,000 8,000 (square feet)

* *Minimum front yard 0 10 10 20 20 setback (feet)

*Maximum front yard 5 25 25 40 25

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setback (feet)

Minimum side yard 0 10 10 20 10 setback (feet)

Maximum side yard 25 — — — — setback (feet)

Minimum rear yard 25 25 25 25 25 setback (feet)

Minimum lot frontage 40 40 60 150 70 (feet)

Minimum lot width 40 40 60 150 70 (feet)

Maximum building 40 40 35 35 35 height (feet)

Maximum lot 65% 65% 30% 30% 30% coverage area

*Note: Notwithstanding the setback provisions established above, structures in theResidential District may be built anywhere within the setbacks of the twoadjacent structures on the same side of the street. Corner lots may use thesetback of the adjacent lot on each side as the average.

§ 120-9. Accessory structures.

Except as otherwise provided by this chapter, accessorystructures shall be allowed in all districts, provided that theymeet all of the provisions of this chapter.

§ 120-10. Y rd setbacks at district boundaries.a

Where two properties are separated by a district boundary,the larger of the two required yard setbacks (regardless ofwhich type of yard, front, rear or side yard) applies to theadjoining yards of both properties.

§ 120-11. Sight triangle.

A sight triangle shall be maintained free from visualobstructions at a distance of 25 feet in both directions from the

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§ 120-11 ZONING § 120-13

corner of a street for a corner lot, or a distance of 10 feet in bothdirections from the curb cut of a driveway, so as to provide safesight distance for both vehicles and pedestrians.

§ 120-12. P rmitted yard encroachments.e

A. The following structures and building features mayencroach up to 10 feet into front yard setbacks in alldistricts: eaves, cornices, canopies, bay windows, openporches, verandas, decks, patios, steps, balconies andany other architectural features which are consistentwith Rhinebeck’s character.

B. The following structures and building features mayencroach up to 10 feet into rear yards in all districts:eaves, cornices, decks, patios, steps, balconies and anyother architectural features which are consistent withRhinebeck’s character.

§ 120-13. Fences and walls.

A. General provisions.

(1) Fences and walls of more than 36 inches in heightshall require a building permit.

(2) The height of fences and walls shall be measuredfrom the lowest adjoining finished grade, exceptwhere used to comply with screening requirementsfor parking, loading, storage and similar areas.

(3) Fences and walls may be built up to, but not on, theproperty line and must be located entirely on theproperty of the person constructing the fence orwall. In cases where the fence or wall is built up tothe property line, the type of fence or wall will besuch as to not require maintenance on the sideabutting adjacent property. Otherwise, a two-footsetback is required to provide for routine mainte-nance and a gate to provide access.

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(4) The finished side of the fence shall face neighboringproperties or the street.

(5) Fences and walls shall not encroach on any publicright-of-way.

(6) The owner of the fence or wall must maintain bothsides of the fence or wall in respectable condition.

(7) The height of fences and walls located within acorner lot or curb cut sight triangle (see § 120-11above) shall not exceed 36 inches above the lowestadjoining finished grade.

(8) The height of fences and walls shall not exceed fourfeet in front yards, six feet in side yards, and six feetin rear yards.

B. Fences and walls in the Land Conservation Overlay.F e n c e s c o n s t r u c t e d wit h i n t h e L a n d C o n s e r v a t i o nOverlay and within 35 feet of a body of water must beconstructed of fencing materials so as to provide at least60% visibility, i.e., so that the view of the body of wateris not occluded by more than 40%.

§ 120-14. F rm animals on nonfarm lots.a

In the Village of Rhinebeck, except for farm lots, for everytwo acres of land there shall not be more than one adult or fullygrown horse, cow, hog, beef cattle, sheep, goat or other four-legged domestic-type farm animal or combination thereof. Onany nonfarm lot, the keeping of fully grown chickens, ducks,geese or other fowl shall be prohibited.

§ 120-15. Off-street parking.

A. Findings. The Village finds that large and highly visibleparking areas can damage the historic layout anda r c h i t e c t u r a l f a b r i c o f t h e V i l l a g e , i n t e r f e r e w i t hpedestrian accessibility, and reduce the quality of life.T h e V i l l a g e a l s o fi n d s t h a t e x c e s s i v e p a r k i n g

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§ 120-15 ZONING § 120-15

requirements can prevent desirable enterprises fromlocating in the Village, where it is often difficult toprovide the off-street parking required by a code basedon type and square footage of businesses. However, theVillage also recognizes that inadequate parking candiminish quality of life by creating traffic congestion,safety hazards and inconvenience.

B. Establishment of minimum and maximum ranges. Inorder to balance the need for adequate parking with then e e d t o m i n i m i z e h a r m r e s u l t i n g f r o m r e q u i r i n gexcessive parking within the Village, off-street parkingrequirements shall be established within the minimumand maximum ranges shown on the Off-Street P rkingaChart. (Please refer to Subsection G, T ble 3: Off-StreetaP rking Chart.) The Planning Board will set the numberain the course of reviewing applications for site plan andspecial permit approvals. Uses outside of the VillageCenter and those that are not subject to site plan reviewwill be required to provide the maximum number ofspaces shown for that use on the Off-Street P rkingaChart.

C. Criteria for number and layout of spaces.

(1) The final number and layout of parking spaces shallbe based on the need to protect public safety andconvenience while minimizing harm to the characterof the community and to environmental, historic andscenic resources.

(2) The size of a parking space shall be 9 feet by 18 feet.

(3) The minimum aisle width with cars parked on bothsides of the aisle shall be 20 feet.

(4) In determining the parking requirements for anyproposed use, the Planning Board shall consider thefollowing criteria:

(a) The maximum number of persons who would beparking at the use as employees, customers,

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clients, members, students or other users, attimes of peak usage.

(b) The size of the structure(s) and the site.

(c) The scenic or historic sensitivity of the site.

(d) The availability of off-site, off-street parkingwithin 400 feet that is open to the public, ownedor controlled by the applicant, or available on ashared-use basis, provided that the applicantdedicates needed off-site land for public parkingor demonstrates a deeded right to shared use.

(5) In cases where sufficient space for parking cannot beprovided on the site or in the vicinity of the site,taking into account the criteria cited above, theapplicant may furnish a fee, in lieu of providing theparking spaces, for each space the applicant isunable to provide.

D. P rking access parking bonus.a

(1) Applicants for building and zoning permits whoprovide and promote public access to the parkingspaces that they are required to provide may begranted a discretionary reduction in the number ofrequired spaces. The reduction in the number ofspaces shall be determined by the Planning Boardbased on the criteria listed above.

(2) The Planning Board shall determine if the proposedpublic spaces qualify as publicly accessible.

(3) All spaces that qualify the applicant for a parkingbonus shall be marked by a directional signindicating the location of the public parking spaces.

E. In-lieu fee.

(1) The fee in lieu of providing parking spaces shall bebased on the minimum number of spaces shown onthe Off-Street P rking Chart (T ble 3 below) aftera a

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§ 120-15 ZONING § 120-15

subtracting the number of spaces that the applicantactually provides.

(2) The fee in lieu of providing parking spaces shall onlybe implemented when all other reasonable optionsare exhausted.

(3) The fee shall be set by the Village Board of Trusteesat the recommendation of the Planning Board andwill be reviewed annually.

(4) The fee collected for each parking space not providedb y t h e a p p l i c a n t w i l l r e p r e s e n t t h e p a r k i n gr e p l a c e m e n t c o s t ( P R C ) o f p r o v i d i n g a n dmaintaining such parking at another location in ornear the Village Center.

F. P rking fund.a

(1) The fee in lieu of providing parking spaces shall becollected and deposited into a separate fund held bythe Village.

(2) The fund may be used to provide for the acquisition,improvement and maintenance of new and existingparking solutions, including the preparation of aV i l l a g e p a r k i n g p l a n . A c q u i s i t i o n o f p a r k i n gsolutions can include, but is not limited to, outrightpurchase of either property or leases on property orthe establishment, and funding of a shuttle serviceto a parking area either within or outside theVillage boundaries. Improvements to parking areascan include lighting, landscaping and redesign.Maintenance includes, among other things, snowremoval, landscaping, painting and repaving.

G. Off-Street P rking Chart. [Amended 4-4-2006 by L.L.aNo. 1-2006]

T BLE 3AOff-Street P rking Charta

Use Number of P rking Spacesa

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Active recreation As determined by site plan review

Alternate-care housing (ACH) As determined by site plan review

Apartment 1 for each apartment

Amusement facilities As determined by site plan review

Bed-and-breakfast 1 for each resident and 1establishment per guest room

Bed-and-breakfast home 1 for each resident and 1per guest room

Cemetery 5

Craft workshop 1 per 500 maximum – 1,000minimum square feet

Day care, family 2 extra spaces above homeoccupation requirements

Day care, family group 4

Dwelling, accessory unit 1 per unit

Dwelling, multifamily 2 per unit

Dwelling, single-family 2 per unit

Dwelling, two-family 2 per unit

Educational use 1 for each vehicle ownedand operated by the school,plus 1 for every 5 mini-mum to 25 maximum stu-dents by design capacity

Funeral home 1 per 200 maximum – 500 minimumsquare feet

Home occupation 1 additional for eachemployee

Hospital 1 for each vehicle owned andoperated by the hospital, plus

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§ 120-15 ZONING § 120-16



1 per 2 patient beds

Library 1 per 400 maximum – 1,000minimum square feet

Lodge or club 1 per 200 maximum – 400 minimumsquare feet

Lodging facility 1.25 per lodging unit

Medical office 1 per 200 maximum — 1,000minimum square feet

Nursing home From 0.5 minimum to 1 maximumper unit

P ssive recreation As determined by site plan reviewa

Professional office 1 per 200 maximum – 1,000 mini-mum square feet

Recreational business As determined by site plan review

Religious institution 1 for each 2 maximum – 8 minimumseats

Retail and service 1 per 200 maximum – 1,000 mini-businesses mum square feet

(Note: All square-foot requirements refer to the gross leasable area ofthe building or portion thereof dedicated to the use in question.)

§ 120-16. Off-street loading.

As with parking, loading requirements vary with the specificuses proposed. Loading requirements shall ensure, to the extentfeasible, that trucks can unload cargo in a manner that does notinterfere with pedestrian and automobile movements on publicroads. Requirements for the number and location of loadingfacilities shall be established by the Planning Board during siteplan review based upon the following considerations:

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A. The expected maximum number of vehicles using theloading facilities at times of peak usage.

B. The type of business, size of the structure, and size ofvehicles to be servicing the structure.

C. The need to ensure pedestrian and automobile safety byseparating loading operations from pedestrian andautomobile circulation.

D. The need to screen vehicles and loading facilities frompublicly accessible areas as well as from abuttingproperties, including the need for vegetative screening,buffers and /or fencing.

E. The desirability of requiring service roads or alleys toachieve the purposes of this section.

F. Applicable planning and engineering standards, adaptedto meet the needs of the particular business useproposed.

G. Other operational characteristics of the business orphysical characteristics of the site deemed appropriateby the reviewing board or official.

H. The need to maintain the traditional layout and historiccharacter of the Village, which may preclude the estab-lishment of modern loading facilities in the VillageCenter. In such cases, on-street loading or otherpractices that violate Subsections C through F abovemay be allowed.

§ 120-17. Signs.

The design, color, character, size and scale of signs shall be inkeeping with and appropriate to the architectural design of thebuilding or structure upon which the signs are placed, thedesign of the neighboring properties and adjoining signs, andthe character of the Village of Rhinebeck. T the maximumoextent practicable, signs shall fit within the existing features of

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§ 120-17 ZONING § 120-17

the building facade; signs on adjacent buildings shall be alignedwith one another.

A. General provisions.

(1) Except as otherwise provided, a sign permit fromthe Village of Rhinebeck is required prior to theerection or relocation of any sign.

(2) Signs are not permitted as principal uses.

(3) In the Village Center and Gateway BusinessDistricts, each building shall be limited to a totalsign area of one square foot in area for every twolinear feet of ground-floor street frontage occupiedby an establishment, but not exceeding 30 squarefeet for any sign parallel to and flat against thefacade of a building or 15 square feet for any othersign.

(4) In the Village Center and Gateway BusinessDistricts, where the design of an existing buildingfacade incorporates a specific area for signs, theheight and length of the signs shall be restricted tothe dimensions of this area. Such signs may not,however, exceed 30 square feet for any sign parallelto and flat against the facade of a building or 15square feet for any other sign.

(5) No attached sign may extend more than four feetover the street right-of-way/property line.

(6) Freestanding signs shall not be permitted where thebuilding is set less than 10 feet back from theproperty line.

(7) Projecting signs shall not be less than seven feetfrom the ground.

(8) No sign shall exceed 10 feet in height or extendabove the facade of the building to which it isattached.

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(9) Freestanding signs larger than eight square feet aresubject to the setback and required yard provisionsin T ble 2, § 120-8.a

(10) Interior sign coverage shall not exceed 30% of theglass area or window in which it is displayed.

B. Measuring signs.

(1) Sign surface area will be the entire area within asingle continuous perimeter enclosing all elementswhich form an integral part of the sign. Thestructure supporting a sign shall be excluded unlessthe structure is designed in a way to form anintegral background for the display.

(2) Back-to-back signs, identical signs arranged back-to-back or diverging by less than 30° from a commonline or point may be counted as one sign.

(3) The area of a sign consisting of an insignia or otherdevice, but without background, shall be calculatedas the smallest polygon or circle possible enclosingthe insignia.

C. Illuminated signs.

(1) Externally illuminated.

(a) Externally illuminated signs shall be allowedsubject to dimension and placement provisionsabove.

(b) Light sources shall be enclosed and shielded orscreened in a manner not to be seen bypassersby from a normal viewing angle and sothat it does not interfere with residential orbusiness uses or detract from the safety ofmotorists.

(c) Light sources shall be so located and/or shieldedso that the edge of the beam of any artificiallight source shall not cross any property line ofa lot on which the sign is situated. F r thiso

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§ 120-17 ZONING § 120-17

purpose, the “edge of the beam” is defined asthe surface at which the intensity of the lightdoes not exceed 10% of the luminescence of thecenter of the beam.

(d) Light sources shall be limited to natural whitelamps, and light fixtures and shall be designedto cause a reasonably uniform distribution oflight over the full extent of the sign.

(2) I n t e r n a l l y i l l u m i n a t e d . I n t e r n a l l y i l l u m i n a t e dsignage shall be prohibited.

D. A ning and canopy lettering.w

(1) Lettering and graphics on awnings and canopiesshall count towards the sign area allowance perbuilding.

(2) A ning lettering may contain names, numbers andwgraphics limited to the business or building nameupon which the awning is located.

(3) Lettering may be placed on the front and or sidepanels of the awning, but not on the slope.

E. Signs in Residential District and Medical Office District.Except for the exempt signs as permitted below andthose specifically described in § 120-30, Home occupationp e r f o r m a n c e s t a n d a r d s , a n d A r t i c l e V I , S p e c i a lSensitivity Overlay, all signs are prohibited in theResidential District and the Medical Office District.Medical offices in the Medical Office District shallconform to the sign standards for the Special SensitivityOverlay District. [Amended 4-4-2006 by L.L. No.1-2006]

F. Exempt signs. The following types of signs may beerected, maintained and removed without permits orfees, provided that they comply with the general andspecific requirements of this chapter:

(1) Construction, renovation or painting signs, notexceeding six square feet, listing the architect,

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engineer, contractor and/or owner, on the lot wherethe activity is being conducted while the activity isin progress.

(2) Directional signs, defined as any on-premises signsp r o v i d i n g d i r e c t i o n s , i n s t r u c t i o n s o r f a c i l i t yinformation. Such signs must not exceed two squarefeet and must be for the convenience of the generalpublic, identifying public parking areas, fire zones,entrances and exits and similar signs.

(3) Flags of any national, state or municipal govern-ment may be displayed, except when displayed forcommercial promotion. A flag is defined as anystandard made of fabric or a flexible material thatdepicts a national emblem, a state or municipal seal.

(4) Historical markers, tablets, memorial signs andplaques, names of buildings and dates of erectionwhen cut into any masonry surface or whenconstructed of bronze, stainless steel or similarmaterial, and emblems installed by governmentalbodies, religious or nonprofit organizations, notexceeding six square feet.

(5) Noncommercial sale signs for garage or tag sales,not exceeding four square feet, for a period notexceeding seven days.

(6) Nonilluminated warning, private drive, posted orno-trespassing signs, not exceeding two square feet.

(7) Number and nameplates identifying residents byname, or residences by number, mounted on ahouse, apartment or mailbox, not exceeding onesquare foot in area.

(8) One sign not exceeding eight square feet for anyreligious institution.

(9) Real estate signs which are any temporary signsidentifying that the real estate upon which the signis located is for sale, lease or rent, or holding open

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§ 120-17 ZONING § 120-17

houses. Such signs must not exceed six square feet,and only an external light source may illuminatesuch signs.

G. P rmitted signs. The following types of signs areepermitted, provided that they comply with all otherprovisions of this chapter:

(1) A ning and canopy lettering, as regulated inw§ 120-17D.

(2) Banners: any sign made from fabric or any nonrigidmaterial supported at two or more points.

(3) Directional signs larger than two square feet, asotherwise defined under exempt signs in § 120-17F.

(4) Directory signs: any sign containing multiple nameslocated at an off-street shopping plaza or buildingused to identify multiple businesses or professionaloffices.

(5) Externally illuminated signs, as regulated in§ 120-17C(1).

H. Prohibited signs. Unless otherwise specifically stated,the following signs are prohibited:

(1) Abandoned signs: Any sign which is located on ab u i l d i n g w h i c h b e c o m e s v a c a n t a n d r e m a i n sunoccupied; or which pertains to a time, event orpurpose that no longer applies; or which remains inplace that no longer advertises a bona fide businessor activity; or which pertains to a product or serviceother than the one offered on such lot, shall bedeemed to have been abandoned after a period ofthree months or more.

(2) Animated signs: any sign manifesting kinetic orillusory motion caused by natural, mechanical,manual, electrical or other means.

(3) Billboards: See Subsection H(9), Off-premises signs.

(4) Illuminated flashing signs.

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(5) Self-illuminated signs, wherein the light sourceitself is shaped, and utilized to form the sign (e.g.,neon or an array of individual lamps).

(6) Inflated signs and tethered balloons.

(7) Internally illuminated signs wherein a translucentor opaque material which forms the sign is back-litby the light source and the light is enclosed fromdirect view.

(8) Nonconforming signs: any sign that is not incompliance with this chapter from the date oforiginal enactment, or from any future date onwhich this chapter may be amended.

(9) Off-premise signs: any sign which advertises an es-tablishment, products, services or entertainment notpresent, sold or distributed on the lot where the signis located.

(10) P rtable signs: any sign, whether on its own trailer,owheels or otherwise, designed to be movable and notstructurally attached to the ground, a building,structure or other sign, including A-frame easel, andsandwich-board-style signs.

(11) Roof signs: any sign mounted over or on the roof orparapet of a building.

(12) Signs located in windows above the second story of abuilding.

(13) Signs on side walls of mid-block buildings.

(14) Signs incorporating projected images.

(15) Signs that emit smoke, vapors or particles, sound orcolors.

(16) Signs located in or projecting over a public roadway,except those erected by a governmental body.

I. Sign removal.

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§ 120-17 ZONING § 120-18

(1) A n y s i g n w h i c h d o e s n o t c o m p l y w i t h t h eregulations established for the issuance of a permitpursuant to this chapter; or which is determined tohave its sign permit revoked; or which is deemed tobe an abandoned sign; or which is a nonconformingsign for more than 14 months; or which is notmaintained in good and complete condition, withlettering and graphics clean, legible and in truealignment and finishes in good repair, is prohibitedand shall be brought into compliance with thischapter.

(2) The business, property and/or sign owner of suchsign(s) shall be in violation of this chapter until suchsign(s) are removed. The Village of Rhinebeck may,with 30 days’ prior written notice to the propertyand/or sign owner(s), remove such sign, withoutfurther notice or further proceedings, at the expenseof the property and/or sign owner. The expense maybe recovered by the Village in an action pursuant tothis chapter which shall be instituted in theappropriate court having jurisdiction over thismatter.

§ 120-18. Cellular communications towers.

A. Purpose and objectives.

(1) The proliferation of the construction and installationof communications equipment, pole-mounted radiotowers and other similar equipment and devicesmust be reasonably regulated in order to protect thehealth, safety and welfare of the citizens of theVillage of Rhinebeck and, to the maximum degreepossible, to coordinate and control the same topreserve and protect the aesthetic qualities of theVillage of Rhinebeck and its neighbors. The Villagerecognizes the demand for wireless communicationstransmission systems and the need for the servicesthey p r o v i d e . T h i s c h a p t e r acknowledges the

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requirements of the Federal T lecommunicationseAct of the 1996, as well as the rights andresponsibilities it imposes on both communicationsproviders and local governments.

(2) On February 8, 1996, the United States Congresse n a c t e d the T l e c o m m u n i c a t i o n s A c t o f 1 9 9 6e(hereinafter referred to as the “Act”). The purpose oft h e A c t i s t o p r o v i d e a m o r e c o m p e t i t i v eenvironment for wired and wireless communicationsservices in the United States by deregulating thetelecommunications industry. The Act preserves theauthority of local government to regulate thep l a c e m e n t , c o n s t r u c t i o n a n d m o d i fi c a t i o n o fpersonal wireless services antennas, towers andaccessory structures in order to protect the health,safety and welfare of the public.

(3) The purpose of this section of this chapter is toestablish predictable and balanced regulations forthe siting and screening of personal servicesantennas, towers and accessory structures. The es-tablishment of such regulations is to accommodatethe growth of such systems within the Village ofRhinebeck. Such regulations will further serve toprotect the public against any adverse impacts onaesthetic resources. Additionally, the regulationsw i l l e l i m i n a t e p o t e n t i a l d a m a g e t o a d j a c e n tproperties from tower failure through structuralstandards and setback requirements. Finally, theregulations set forth in this chapter will reduce thenumber of towers needed to service the communityby maximizing the use of existing towers andstructures.

(4) This chapter is intended to regulate the placement,c o n s t r u c t i o n a n d m o d i fi c a t i o n o f t o w e r s a n dtelecommunications facilities in order to protect thehealth, safety and welfare of the public, while at thesame time not unreasonably interfering with thed e v e l o p m e n t o f t h e c o m p e t i t i v e w i r e l e s s

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§ 120-18 ZONING § 120-18

telecommunications marketplace in the Village.Specifically, this chapter is intended to:

(a) Regulate the location of the towers andtelecommunications facilities in the Village.

(b) Protect residential areas and land uses fromp o t e n t i a l a d v e r s e i m p a c t s o f t o w e r s a n dtelecommunications facilities.

(c) Minimize adverse visual impacts of towers andtelecommunications facilities through carefuldesign, siting, landscaping and innovativecamouflaging techniques.

(d) Promote and encourage shared use/collocationof towers and antenna support structures as aprimary option rather than construction ofadditional single-use towers.

(e) P r o m o t e a n d e n c o u r a g e u t i l i z a t i o n o ftechnological designs that will either eliminateor reduce the need for erection of new towers t r u c t u r e s t o s u p p o r t a n t e n n a a n dtelecommunications facilities.

(f) A oid potential damage to property caused byvtowers and telecommunications facilities byensuring that such structures are soundly andc a r e f u l l y d e s i g n e d , c o n s t r u c t e d , m o d i fi e d ,maintained and removed when no longer usedor determined to be structurally unsound.

(g) Ensure that towers and telecommunicationsfacilities are compatible with surrounding landuses. The Communications Act of 1934, asamended by the Act, grants the FederalCommunications Commission (FCC) exclusivejurisdiction over:

[1] The regulation of the environmental effectsof radio frequency (RF) emissions fromtelecommunications facilities.

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[2] The regulation of radio signal interferenceamong users of the RF spectrum.

(5) T h e V i l l a g e ’ s r e g u l a t i o n o f t o w e r s a n dtelecommunications facilities in the Village will nothave the effect of prohibiting any person fromproviding wireless telecommunications services,thus not violating the Act.

B. Procedure to obtain special use permit.

(1) No communications tower or antenna system,accessory facility or collocated antenna shall beerected, maintained or permitted within the Villageof Rhinebeck, unless a written application shall bemade for a special use permit and approved inconformity with this article by the Planning Boardof the Village of Rhinebeck.

(2) The applicant will be responsible for payment ofhearing and mailing fees incurred by the PlanningBoard. Said fee must be paid at the time ofa p p l i c a t i o n . T h e a p p l i c a b l e f e e s h a l l b e i naccordance with the fee schedule established andannually reviewed by the Village Board of Trusteesand available at the Village Clerk’s office. Saidapplication fee shall accompany the Planning Boardapplication.

(3) N o t w i t h s t a n d i n g p e r m i t a p p l i c a t i o n f e e s , t h ea p p l i c a n t s h a l l a l s o b e r e s p o n s i b l e f o r a l lprofessional fees incurred by the Village foradequate support of the Planning Board’s review, allas determined by the Village Fee and Deposit Law.Said fees shall be paid within 10 days of beingbilled; and, if not paid, the application shall bedeemed abandoned.

(4) The applicant shall submit three copies of theapplication to the Zoning Enforcement Officer. Theapplication must include all items specified in the

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§ 120-18 ZONING § 120-18

section on special permits and must otherwise follow3all requirements of that section.

(5) The height shall be no greater than that necessaryto provide signal coverage to areas of the Villagecurrently unable to be served, as demonstrated in apropagation study submitted by the applicant aspart of the application. The maximum height shallnot exceed 15 feet above the established heightl i m i t a t i o n a s s h o w n i n , T b l e 2 , § 1 2 0 - 8 ,aDimensional T ble. F r purposes of this section,a o

height shall be the vertical distance from grade,even if the structure is built upon or attached toanother structure.

(6) Applications for stand-alone towers shall not begranted unless the applicant demonstrates to thesatisfaction of the Planning Board that no existingu s e , s t r u c t u r e o r a l t e r n a t e t e c h n o l o g y c a naccommodate the applicant’s proposed use withoutrequiring new construction of such a stand-alonetower.

C. Financial security bond or security deposit.

(1) The applicant, at the time of obtaining a buildingpermit, must provide a financial security deposit forthe construction, maintenance and removal of thetelecommunications facility with the Village ofRhinebeck as obligee, in an amount to be approvedby the Planning Board, but not less than $25,000.

(2) The applicant shall be required to sign anagreement with the Village of Rhinebeck wherebyt h e a p p l i c a n t a g r e e s t o r e m o v e t h e t o w e r ,antenna(s), cellular accessory structures and otherimprovements if the telecommunications facilitybecomes technically obsolete or ceases to be used forits original intended purpose for six consecutive

________________________________

3 Editor’s Note: See Article VII, Special P rmits and Site Plan Approval.e

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months. The applicant shall further agree that thetower, antennas, cellular accessory structure(s) andother improvements shall be removed within sixm o n t h s o f t h e fi r s t d a t e u p o n w h i c h t h etelecommunications facility becomes technicallyobsolete or ceases to be used for its original intendedpurpose for six consecutive months. The aforesaidfinancial security bond shall be used to guaranteethe proper construction, maintenance and removalof the telecommunications facilities should that berequired.

(3) The applicant shall further agree to continuallyrenew the bond throughout the lifetime of thetelecommunications facility.

(4) The Planning Board shall have the continuingauthority and right to review said bond and itsamount and reasonably modify the amount andterms of the same, if it is not consistent with theintent of this article.

D. Lease subject to review. Any current or future leasebetween the applicant and the owner of the proposedtelecommunications facility site shall be subject toreview by the Planning Board to ascertain whether it isconsistent with this article.

E. Special permit application requirements.

(1) The following tower and antenna applicationmaterials are required:

(a) Site plan application materials, in form andwith content acceptable to the Village PlanningBoard, as specified elsewhere in this chapterunder Article VII, Special P rmits and SiteePlan Approval, and in sufficient detail andaccuracy, showing at a minimum:

[1] The exact location of the proposed tower,together with guy wires and guy anchors, ifapplicable.

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§ 120-18 ZONING § 120-18

[2] The maximum height of the proposed toweror antenna(s), scaled section required.

[3] C o n s t r u c t i o n d r a w i n g s a n d s k e t c h e ssufficient to allow the Village Engineer orother Village experts to determine thesafety and suitability of said proposedconstruction.

[4] The color or colors of the tower and/orantenna(s).

[5] The location, type and intensity of lighting,if any, proposed to be located on the tower.

[6] Surveyed boundaries of the property uponwhich the telecommunications facility islocated.

[7] The location of all structures within theone-hundred-percent-clear zone, along withthe distance to those structures.

[8] The location, nature and extent of anyproposed fencing, landscaping, screeningand buffering.

[9] The location and nature of proposed utilityeasements and access road(s), if required.

[10] Building elevations of cellular accessorystructures or facilities or utility servicefacilities.

[11] Proposed parking, paving and lighting andlocation of same at the lot upon which thetower is located.

(b) “ B e f o r e ” a n d “ a f t e r ” p r o p a g a t i o n s t u d i e sprepared by a qualified radio frequency (RF)e n g i n e e r d e m o n s t r a t i n g e x i s t i n g s i g n a lcoverage, contrasted with the proposed signalc o v e r a g e r e s u l t i n g f r o m t h e p r o p o s e dtelecommunications facility. The applicant shall

12033 06 – 30 – 2006


provide a professional resume for the above-referenced RF engineer.

(c) E v i d e n c e o f c o m p l i a n c e w i t h F e d e r a lC o m m u n i c a t i o n s C o m m i s s i o n ( F C C )r e g u l a t i o n s , n o n - i o n i z i n g e l e c t r o m a g n e t i cradiation (NIER) levels and electromagneticfield (EMF) standards.

(d) A search ring prepared by a qualified RFengineer and overlaid on an appropriatebackground map demonstrating the area withinwhich the antenna needs to be located in orderto provide proper signal strength and coverageto the target cell. The applicant must beprepared to explain to the Planning Board whyhe or she selected the proposed site and discussthe availability or lack of availability of suitableexisting structure(s) within the search ring,w h i ch would ha v e a l l o w e d f o r c o l l o c a t e dantenna(s) elsewhere.

(e) An affidavit from the applicant identifyingspecific attempts to collocate an antenna withinthe search area and that such efforts wereentirely unsuccessful.

(f) A line-of-sight or visual impact study, asfollows:

[1] D r a w i n g s , p h o t o g r a p h s o r c o m p u t e r -generated graphic representation(s) of theviews from 1,000 feet away from the north,south, east and west of all natural andman-made features and structures withinthose views, including the proposed towerand other improvements.

[2] A statement as to the potential visual anda e s t h e t i c i m p a c t s o f t h e p r o p o s e dtelecommunications tower on all adjacent

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§ 120-18 ZONING § 120-18

properties including comment on decreasedproperty values.

[3] T h e v i s u a l i m p a c t a n a l y s i s s h a l l b eprepared and sealed by an engineer orlandscape architect registered in New Y rkoState.

(g) An engineer’s statement, or statements fromappropriate governmental agencies, that theproposed telecommunications facility will haveno adverse impact on air or surface traffic

1within / mile of the tower. In addition to all2

conditions specified herein, the applicant shallmeet all requirements imposed for similarproposed construction within the Village ofRhinebeck.

(h) An engineer’s certified statement that thereception and/or transmission function of thetelecommunications facility will not interferewith the usual and customary transmission orreception of radio, television, etc., services ofadjacent properties.

(i) F r sites in close proximity to significantoh i s t o r i c a l s i t e s o r i m p o r t a n tpreservation/conservation areas, the Villagewill request additional site plans and towers p e c i a l u s e p e r m i t r e q u i r e m e n t s . T h e s erequirements can include specially designedtowers, additional screening, greater setbacksand improved landscaping. Siting in these areasshould be avoided to the maximum extentpossible.

(j) Such other additional information, studies,alternative sites and assessments as may berequired by the Planning Board to fully reviewand evaluate the potential impact and locationof the proposed tower or antenna.

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F. Local regulations.

(1) The Village hereby declares, not in order ofpreference, that the following are the expressedpreferred locations of the communications towersand antenna:

(a) Property with the least visual impact (towershould be located in the least visible area of theVillage).

(b) Collocation on existing towers or existingstructures.

(c) Municipal or government-owned property.

(2) It is the obligation of the applicant to submit prooft h a t , a f t e r d i l i g e n t e f f o r t s , t h e a b o v e - s t a t e dpreferences are unavailable, before applying for thelocation of a tower in a Residential District. TheVillage of Rhinebeck declares that location of atower or antenna in a Residential District wouldresult in a more adverse change in the particulardistrict’s character and would pose greater difficultyin minimizing the effect of the location of a tower insaid district.

(3) Any location of a tower, antenna or support systemupon an existing structure or building shall beattached, affixed or placed thereon in a mannerwhich is safe for the lifetime of the building orstructure and which is safe for the people andstructures in and around said tower, antenna andsupport system.

(4) The number and location of antennas or otherreceiving or transmitting devices and their supportsystem on an existing structure or building shall beas many as is structurally and technically feasible.

(5) Notwithstanding other provisions in this article, notower may be erected closer than twice the radius of

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§ 120-18 ZONING § 120-18

the one-hundred-percent-clear zone to any otherstructure or playground.

G. Use regulations.

(1) No approved telecommunications facility, antennaor support systems shall hereafter be used, erected,moved, reconstructed, changed or altered unlessapproved by the Planning Board in conformity withthis article. Furthermore, no change in applicant’stechnology shall be authorized with Planning Boardapproval. This provision does not require approvalfor routine maintenance of the telecommunicationsfacility.

(2) Where this article conflicts with other laws of theState of New Y rk or the United States, the moreorestrictive regulation(s) shall apply, except for towerheight restrictions, which are governed by thischapter.

H. Use standards.

(1) Preferred design. Monopoles are the preferredd e s i g n , f o l l o w e d b y g u y e d t o w e r s a n d t h e nfreestanding towers. The Planning Board may, withgood cause shown, require one tower design overother tower designs.

(2) Visual impacts. Any tower, antenna(s) and accessoryfacility shall be constructed and designed to havethe least practical visual impact on the area withinreasonable proximity to the tower, antenna(s) oraccessory facility.

(3) Landscaping and security of structures and lighting.Landscaping shall be installed on the outside of anyf e n c i n g . E x i s t i n g o n - s i t e v e g e t a t i o n s h a l l b epreserved to the maximum extent practicable. Thebase of the tower and any cellular accessorystructures shall be landscaped. T wers and cellularoaccessory structures shall be provided with securityfencing to prevent unauthorized entry. There shall

12037 06 – 30 – 2006


be reasonable lighting at the base of the structuref o r s e c u r i t y p u r p o s e s a n d t o f u r t h e r d e t e runauthorized access. The lighting shall be downcastand directed toward the interior of the enclosedarea. The applicant shall be responsible formaintaining fencing, landscaping a n d l i g h t i ngduring the duration of facility operation.

(4) The applicant must submit with his/her applicationa landscaping plan for review and approval by theVillage Planning Board.

(5) Color. The Planning Board may require the color orcolors that are acceptable as long as said colors arepermitted by the F A. The Planning Board mayArequire a pattern of colors, depending on theproposed location and its visual impact on the areawherein the tower is to be located. The tower color,once approved by the Planning Board, shall not bechanged without Planning Board approval.

(6) T wer lighting. Communications towers shall beodesigned and located to avoid, whenever possible,a p p l i c a t i o n s o f F A l i g h t i n g a n d p a i n t i n gArequirements. The Planning Board may, however,require lighting even in the absence of suchrequirements by the F A.A

(7) Signs. The Planning Board may require that “NoTrespassing,” “High V ltage,” or other appropriateowarning signs be placed on the lot.

(8) Height. The tower height is to be measured from thegrade.

(a) The maximum height of a tower is 55 feet.

(b) The height of a tower shall be based onpropagation studies obtained by the applicantand based on collocation considerations.

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§ 120-18 ZONING § 120-18

(9) Access road and parking. An access road andparking shall be provided for emergency access,where required by the Planning Board.

(10) Accessory building and equipment storage.

(a) Accessory facilities shall maximize use ofbuilding materials, colors and textures designedto blend with the natural surroundings.

(b) Accessory buildings and equipment storagebuildings are permitted as long as they are usedin direct conjunction with the tower and itsoperation and they are used on a permanentbasis. No accessory building can be used forresidential purposes.

(c) Mobile or immobile equipment not used indirect support of a tower facility shall not bes t o r e d o r p a r k e d o n t h e s i t e o f t h ecommunications tower, unless actively engagedin maintenance or repairs to the tower.

(11) Radio frequency. The Planning Board may impose acondition on the applicant that the communicationsantenna(s) may be operated at FCC-designatedfrequencies and power levels and/or EP technicalAexposure limits, and that the applicant providec o m p e t e n t d o c u m e n t a t i o n t o s u p p o r t t h erequirement that maximum allowable frequencies,power levels and exposure levels for radiation willnot be exceeded.

(12) Other conditions. The Planning Board shall havethe authority to impose such other reasonableconditions and restrictions as are directly related toand incidental to the health, safety and generalwelfare of the citizens of the Village regarding thelocation, construction, maintenance, design andremoval of a proposed communications tower and itsspecial use permit or site plan.

I. Inspection.

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(1) All towers shall be certified by an engineer to bestructurally sound and in conformance with therequirements of the Building Code and all otherconstruction standards set forth by the Village’sCode and federal and state law. F r new monopoleotowers, such certification shall be submitted beforeinitial operation and every five years thereafter. F roexisting monopole towers, certification shall besubmitted within 60 days of the effective date of thischapter and then every two years thereafter. Thetower owner may be required by the Village tosubmit more frequent certifications should there bereason to believe that the structural and electricalintegrity of the tower is jeopardized.

(2) The Village or its agents shall have authority toenter onto the property upon which a tower islocated, between the inspections and certificationsrequired above, to inspect the tower for the purposeof determining whether it complies with the Villagelocal law and all other construction standardsprovided by the Village local law and federal andstate laws and regulations.

(3) The Village reserves the right to conduct suchinspections at any time, upon reasonable notice tothe tower owner. All expenses related to suchinspections by the Village shall be borne by thetower owner.

J. Maintenance. The communications tower, antenna(s),support system and surrounding ground area shall bekept in good order, repair and condition. It shall be theaffirmative duty of the applicant, his or her successor,assignee, grantee or transferee to make all repairs andmaintenance necessary to make the telecommunicationsfacilities and surrounding grounds safe, secure andvisually compliant with the Village local laws and thePlanning Board’s conditions and terms of approval.

K . Collocation requirement.

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§ 120-18 ZONING § 120-18

(1) It is the preference of the Village to have futureantenna(s) and other communications receivers ortransmitters collocated on existing towers to thee x t e n t t h a t s u c h t o w e r s w i l l a c c o m m o d a t eadditional transmission devices.

(2) Any lease must include a clause, term, provision orcondition that permits collocation. The applicantshall provide a copy of all lease agreements to theVillage Planning Board as proof of same.

(3) Where there are existing communications towers inthe Village, the applicant shall be required tosubmit a report demonstrating good-faith efforts tosecure collocation and that said collocation effortswere denied.

(4) As part of the application process, an applicant shallsupply a statement to the Village that the applicantwill, as a continuing condition of a permit under thisarticle, allow collocation on the applicant’s tower tothe extent technically feasible.

L. Exempt telecommunications facilities. The followingtelecommunications facilities are exempted from thisarticle:

(1) Fire, police and other emergency dispatch serviceswhere telecommunications facilities are less than 55feet above grade.

(2) Non-business television or radio reception, privatecitizen band, amateur radio and other similarcommunications systems utilizing a tower andantenna, which do not exceed 55 feet above grade.“Non-business” means a use for which money,property or something of value is not charged,earned or received by the owner, operator, lessee orperson(s) in control of the telecommunicationsfacility.

M. Time limits.

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(1) O n c e a c o m m u n i c a t i o n s t o w e r o r a n t e n n aapplication is approved by the Planning Board, theapplicant shall obtain a building permit within thetime limits established by § 120-46B, Expiration,revocation and enforcement.

(2) Each applicant for an antenna and/or tower and/orthe proposed user for an antenna and/or tower shallprovide to the Planning Board an inventory ofhis/her existing towers, antennas or sites approvedfor towers or antennas, that are either within thejurisdiction of the Village of Rhinebeck or within theborders of the T wn of Rhinebeck, including specificoinformation about the location, height and design ofeach tower. The Planning Board may share suchinformation with other applicants applying foradministrative approvals or special use permitsunder this chapter or other organizations seeking tolocate antennas within the jurisdiction of the Villageof Rhinebeck; provided, however, that the PlanningBoard is not, by sharing such information, in anyway representing or warranting that such sites areavailable or suitable.

ARTICLE IIVillage Center District

§ 120-19. Village Center principles.

The Village Center is the cultural and commercial hub of thishistoric Hudson River community. The enhancement andpreservation of its character are essential elements of theeconomic base of the Rhinebeck community. Therefore, zoningin the Village Center will adhere to the following principles:

A. New buildings shall be appropriately integrated into thetraditional Village fabric.

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§ 120-19 ZONING § 120-19

B. The Village Center shall be characterized by a mix ofcommercial (retail and office) and residential uses thatwill encourage social interaction and economic activity.

C. Ground floors shall primarily contain active, publiclyaccessible uses.

D. Building height and short setbacks will create the feel ofan “outdoor room” so that streets and sidewalks functionas the primary public spaces in the community.

E. Buildings will typically be located on small lots withsmall or nonexistent front and side yard setbacks.

F. Buildings shall be constructed close to the sidewalk.

G. W ll-defined crosswalks and well-maintained sidewalksewill clearly define pedestrian space.

H. Streets shall form a modified grid, or interconnectednetwork. Dead-ends, culs-de-sac and loop roads shall beprohibited unless unusual topography or other physicalcharacteristics of the land make these necessary.

I. M u l t i p l e r o u t e s b e t w e e n d e s t i n a t i o n s ( i n a ninterconnected network of streets) will allow pedestriansand motorists a choice of the most direct or mostinteresting routes.

J. Streets shall be designed to accommodate multiple users,including cars and pedestrians.

K . On-street parallel parking, and the planting of streettrees between the curb and sidewalk, will be encouragedin order to provide a buffer between moving vehicles andpedestrians.

L. On-street parallel parking shall be permitted on bothsides of the street, unless otherwise prohibited by theagency with jurisdiction over that segment of street.

M. Any off-street parking shall generally be located behindbuildings, and in the interior of lots.

12043 06 – 30 – 2006


N. Opportunities for municipally controlled parking and/orshared parking arrangements between private entitieswill be preferred to the fragmentation of the intactVillage fabric with large expanses of private parking.

O. New construction shall conform to general architecturalprinciples common to the existing historic character ofthe Village Center by conforming to the existing VillageCenter architectural design elements, including but notbe limited to building orientation, fenestration, buildingmaterials, heights and rooflines, but may exhibit avariety of consistent styles.

§ 120-20. Village Center Allowable Use Groups Chart.

In the following Allowable Use Groups Chart the symbol “p”means the use group is allowed as of right, the symbol “sp”means the use group requires a special permit, and the symbol“X” means the use is not allowed.

T BLE 4AVC Allowable Use Groups Chart

Allowable Use Group Village Center

Business Use GroupAgricultural use XAmusement facility spAuto service station XCraft workshop spFuneral home spHome occupation pProfessional office pRecreational business XRetail business pService business sp

Residential Use GroupAccessory dwelling unit spAlternate-care housing (ACH) XApartments pBed-and-breakfast establishment pBed-and-breakfast home p

12044 06 – 30 – 2006

§ 120-20 ZONING § 120-21

Allowable Use Group Village Center

Dwelling, single-family spDwelling, two-family spDwelling, multifamily spDwelling, multifamily X

preexisting and registeredLodging facility pNursing home spPlanned residential development X

Community Use GroupCemetery spDay care, family spDay care, family group spEducational use spHospital XLibrary spLodge or club spMunicipal use pReligious institution sp

Land Conservation Use GroupActive recreation spP ssive recreation spa

§ 120-21. Village Center Dimensional T ble.a

T BLE 5AVC Dimensional T blea


Village Center

Minimum lot area (square feet) 4,000Minimum front yard setback (feet) 0Maximum front yard setback (feet) 5Minimum side yard setback (feet) 0Maximum side yard setback (feet) 25Minimum rear yard setback (feet) 25Minimum lot frontage (feet) 40Minimum lot width (feet) 40Maximum building height (feet) 40Maximum lot coverage area 65%

12045 06 – 30 – 2006


§ 120-22. Apartments in Village Center.

B u i l d i n g s i n t h e V i l l a g e C e n t e r D i s t r i c t m a y h a v eapartments as a subordinate use to the primary ground flooruse subject to the following provisions:

A. Apartments shall not be permitted over an auto servicestation or establishments storing or retailing flammableor fume-producing goods.

B. The habitable area of each apartment shall be at least500 square feet.

C. Each apartment shall be a separate dwelling unit withprovisions for complete living, including sanitary andsleeping facilities for year-round use by one family.

D. Apartments shall not be located on the first floor of thebuilding, and each apartment shall contain all servicesfor safe and convenient habitation meeting the New Y rkoState Fire, Building, Health and Environmental Codes.

E. Apartments shall have access to the outside of thebuilding which must be distinct from the access to useson the first floor.

F. Each apartment shall have off-street parking inaccordance with § 120-15.


All building and zoning permit applications in the VCDistrict shall be subject to site plan approval. During site planreview, preexisting nonconformity with this chapter shall bereduced to the maximum extent practicable.

12046 06 – 30 – 2006

§ 120-24 ZONING § 120-24

ARTICLE IIIResidential District

§ 120-24. Residential principles.

The Residential District is established to create a safe havenfor people to live in and conduct their domestic activities. Adegree of privacy is expected, especially in the house and therear yard, while the front yard and the front porch (whenexistent) provide a transition to the public realm of the street.Zoning in the Residential District shall adhere to the followingprinciples:

A. Setback distance will vary from street to street but willbe generally uniform for most houses on a block.

B. Building height and setbacks will create the feel of an“outdoor room” so that streets and sidewalks function asthe primary public spaces in the community.

C. Building entrances shall be clearly defined and face thestreet.

D. Garages shall not dominate the building facade.

E. Front porches will be encouraged for new homes. Theseprovide an important transition between the publicrealm (street and sidewalk) and the private home.

F. Building orientation, fenestration, building materials,rooflines , b u i l d i n g h e i g h t a n d o t h e r a r c h i t e c t u r alelements shall be consistent with the Village’s historicalarchitectural character.

G. Residential streets shall be integrated into the Village’sinterconnected street network, creating easy and variedpedestrian routes throughout the Village and, inparticular, to the Village core.

H. Dead-ends, culs-de-sac and loop roads are discouragedu n l e s s u n u s u a l t o p o g r a p h y o r o t h e r p h y s i c a lcharacteristics of the land make this necessary.

12047 06 – 30 – 2006


I. Streets and sidewalks shall be designed to accommodatem u l t i p l e u s e r s , i n c l u d i n g c a r s a n d p e d e s t r i a n s .Sidewalks shall be required for new construction whereapplicable.

J. Sidewalks shall be separated from the roadway by aplanting strip and street trees.

K . On-street parallel parking shall be permitted on one orboth sides of the street as established by the VillageBoard of Trustees.

§ 120-25. Residential Allowable Use Groups Chart.

In the following Allowable Use Groups Chart the symbol “p”means the use group is allowed as of right, the symbol “sp”means the use groups requires a special permit, and the symbol“X” means the use group is not allowed. In the ResidentialDistrict, an “SSO” designation indicates that those uses groupsare allowed by special permit where the Special SensitivityOverlay applies.

12048 06 – 30 – 2006

§ 120-25 ZONING § 120-25

T BLE 6AR Allowable Use Groups Chart

Allowable Use Group Residential

Business Use GroupAgricultural use spAmusement facility XAuto service station XCraft workshop X, (SSO)Funeral home XHome occupation spProfessional office X, (SSO)Recreational business XRetail business XService business X

Residential Use GroupAccessory dwelling unit spAlternate-care housing (ACH) spApartments XBed-and-breakfast establishment spBed-and-breakfast home pDwelling, single-family pDwelling, two-family spDwelling, multifamily XDwelling, multifamily sp

preexisting and registeredLodging facility X, (SSO)Nursing home spPlanned residential development sp

Community Use GroupCemetery spDay care, family pDay care, family group XEducational use XHospital spLibrary spLodge or club X, (SSO)Municipal use pReligious institution sp

12049 06 – 30 – 2006


Allowable Use Group Residential

Land Conservation Use GroupsActive recreation spP ssive recreation pa

§ 120-26. Residential Dimensional T ble.a

T BLE 7AR Dimensional T blea


T BLE 6AR Allowable Use Groups Chart

R Allowable Use Group Chart Residential

Minimum lot area (square feet) 8,000*Minimum front yard setback (feet) 10

Maximum front yard setback (feet) 25Minimum side yard setback (feet) 10Maximum side yard setback (feet) —Minimum rear yard setback (feet) 25Minimum lot frontage (feet) 70Minimum lot width (feet) 70Maximum building height (feet) 35Maximum lot coverage area 30%

*Note: Notwithstanding the setback provisions established above,structures in the Residential District may be built anywhere withinthe setbacks of the two adjacent structures on the same side of thestreet. Corner lots may use the setback of the adjacent lot on each side.

§ 120-27. Residential general provisions.

A. Accessory structures.

(1) Playhouses, greenhouses, toolsheds, garden shedsand other similar structures not exceeding 300square feet must be set back a minimum of five feetfrom the side and rear property lines and are not

12050 06 – 30 – 2006

§ 120-27 ZONING § 120-27

permitted within the front yard setbacks, but in nocase in front of the front building line.

(2) Accessory structures do not count towards thefootprint of new buildings.

B. Swimming pools.

(1) P r i v a t e s w i m m i n g p o o l m ay b e i n s t a l l e d o rmaintained for the private use of the owner oroccupant of such dwelling or building and his or herfamily, guests or employees.

(2) Any such pool shall be completely enclosed by asecurity fence not less than four feet in height, withall gates or doors opening through such enclosureequipped with self-closing and self-latching devicesdesigned to keep and be capable of keeping suchgates or doors securely closed at all times when notin actual use.

(3) Such pool shall be maintained in a manners u f fi c i e n t t o m e e t t h e b a c t e r i a l s t a n d a r d sestablished by the provisions of the New Y rk StateoSanitary Code relating to public swimming pools.

(4) Such pool shall be equipped with an integralfi l t r a t i o n s y s t e m a n d fi l t e r p u m p s o r o t h e rmechanical devices which shall be so located andconstructed and maintained as not to interfere withthe quiet and peaceful enjoyment of the occupants ofany adjoining property.

C. Y rd storage. Within the setbacks of residential dwellingaunits, outdoor storage or parking of the following isprohibited: boat, boat and trailer, trailer, camp trailer,cargo trailer, motor home or commercial vehicle. Withinthe remaining yard of residential dwelling units, outdoorstorage is limited to no more than one of any of thepreceding list.

D. Specific Residential District parking provisions.

12051 06 – 30 – 2006


(1) Garages or open parking shall only be for personsvisiting or residing on the lot.

(2) Driveways shall not intersect street lines less than50 feet from any intersection of two street lines.

(3) No commercial vehicle of more than one ton’scapacity shall be parked or stored overnight in anyyard or on the street in any Residential District.

(4) Except in a driveway (which may not exceed 18 feetin width), no required front yard or portion thereofin the Residential District shall be utilized toprovide parking space required in this chapter.

§ 120-28. A c c e s s o r y d w e l l i n g u n i t s a n d t w o - f a m i l ydwellings.

In the Residential District, accessory dwelling units and two-family dwellings shall be allowed by special permit when theapplicant can, to the Planning Board’s satisfaction, show thatthe new use will meet all of the following criteria andstandards:

A. Special permit standards. The intensification of activitywill be compatible with the neighborhood, and suchaccessory use will:

(1) Maintain the character of the neighborhood;

(2) Ensure the peace, privacy, quiet and dignity of thearea; and

(3) A oid excessive noise, traffic, nuisance, fire hazardvand other adverse effects of increasing residentialdensity.

B. General performance standards.

(1) Accessory dwelling units and two-family dwellingsshall not infringe on the privacy of neighbors ortheir quiet and peaceful enjoyment of their property.

12052 06 – 30 – 2006

§ 120-28 ZONING § 120-28

(2) Accessory dwelling units shall only be permittedwhere the new dwelling unit and the existingdwelling unit meet all dimensional, use andperformance standards of this chapter.

(3) Accessory dwelling units and two-family dwellingsshall provide off-street parking for any and allanticipated increase in vehicles at the dwellingabove and beyond the parking already required by§ 120-15.

(4) P rking shall be provided only on the side and rearaarea of the lot and shall not encroach into therequired setbacks.

C. Accessory dwelling units.

(1) Accessory dwellings shall be dwelling units withprovisions for complete living, including sanitaryand sleeping facilities for year-round use by onefamily.

(2) Accessory dwelling units shall be incidental andsecondary to the primary dwelling unit. Accessorydwelling units may not have a floor area greaterthan 25% of the primary dwelling unit.

(3) Owner occupancy is required where a special permithas been granted for an accessory dwelling unit to asingle-family home; the owner shall reside in atleast one of the two dwelling units on the lot.

(4) The minimum floor area for accessory dwelling unitsshall be 300 square feet.

(5) There shall be no more than one accessory dwellingunit per single-family home.

(6) A c c e s s o r y d w e l l i n g u n i t s a r e s u b j e c t t o t h ed i m e n s i o n a l r e q u i r e m e n t s p r o v i d e d f o r t h eunderlying district and shall be counted toward themaximum allowable lot coverage area.

12053 06 – 30 – 2006


(7) No accessory dwelling unit shall be subdivided ontoa separate lot unless each new lot created meets allof the dimensional and other requirements for itsdistrict established by this chapter.

D. Two-family dwellings.

(1) Single-family dwellings converted to two-familydwellings shall be allowed, provided that no exteriorchanges are made which, in the judgment of thePlanning Board, do not conform to the character ofthe neighborhood. Newly constructed two-familydwellings shall be allowed, provided that, in thejudgment of the Planning Board, they conform tothe character of the neighborhood.

(2) Each of the two units created in the two-familydwelling must have a minimum of 750 square feet ofinterior habitable area.

§ 120-29. Multiple-family dwellings.

Multiple-family dwellings existing in the Residential Districtat the time of the adoption of this chapter may retain theirspecial permit status and remain as a special permit use subjectto the following provisions. However, new multiple-familydwellings are prohibited in the Residential and GatewayBusiness Districts, as well as those areas covered in the LandConservation and Special Sensitivity Overlays.

A. R e g i s t r a t i o n a n d c o n t i n u a t i o n . A l l m u l t i p l e - f a m i l ydwelling uses which existed lawfully at the time ofenactment of this chapter may be continued, providedthat they are registered with the Zoning EnforcementOfficer by the owner or agent within 12 months of thedate of adoption of this chapter and subject to thefollowing provisions. F ilure to register such use willacause the use to be viewed as having been discontinued.Multiple-family dwellings that have registered shall notbe considered nonconforming and may remain subject tothe other relevant provisions of this chapter.

12054 06 – 30 – 2006

§ 120-29 ZONING § 120-29

B. Alteration or addition. With special permit approval andsubject to the following provisions, multiple-familydwellings may be replaced, enlarged, extended or movedand may increase their density.

(1) All building and zoning permit applications for thealteration of a multiple-family dwelling shall besubject to special permit and site plan approval.

(2) M u l t i p l e - f a m i l y d w e l l i n g s t r u c t u r e s m a y b eenlarged, extended or moved, in whole or in part,beyond the area occupied by such use at the time ofadoption of this chapter, to an area of the same lot.

(3) M u l t i p l e - f a m i l y d w e l l i n g s m a y i n c r e a s e t h e i rdensity and add up to 10% of the number of dwellingunits existing at the adoption of this chapter. Onlypreexisting multiple-family dwellings with 10 ormore units qualify for this increase in density. Whencalculating such an increase, partial dwelling units

1of / or more shall be rounded up to a full dwelling2

unit.

(4) Multiple-family dwellings may not expand onto anyadditional lot not currently containing a multiple-family dwelling, nor may any other lot be mergedwith a lot containing a multiple-family dwelling.

(5) When a multiple-family dwelling is added to orenlarged in any manner, the building and structuresshall conform to T ble 7, R Dimensional T ble ofa a

4Y rd, Area, Setback and Height Requirements, andashall conform to the purposes, principles andprovisions of the Residential District.

C. D e s t r u c t i o n a n d r e s t o r a t i o n . I f a m u l t i p l e - f a m i l ydwelling is hereafter removed, or destroyed by fire, wind,explosion, structural failure or other natural cause, itmay be repaired or rebuilt, subject to special permit asgranted by the Planning Board.

________________________________

4 Editor’s Note: See § 120-26, Residential Dimensional T ble.a

12055 06 – 30 – 2006


D. D i s c o n t i n u a n c e . I f a m u l t i p l e - f a m i l y d w e l l i n g i sdiscontinued for a period of 12 consecutive months, itshall not be renewed, and any subsequent use on that lotshall conform to the regulations of the district in which itis located.

§ 120-30. Home occupation performance standards.

Home occupations may be permitted, in existing and newhomes, in outbuildings and in garages, subject to site planapproval and the receipt of a special permit, when the applicantcan show to the Planning Board’s satisfaction that the businessactivity will comply with the following criteria and standards.

A. Home occupations shall:

(1) Be compatible with the other uses allowed in thedistrict.

(2) Maintain the character of the neighborhood.

(3) Ensure the peace, privacy, quiet and dignity of thearea.

(4) A oid excessive noise, traffic, nuisance, fire hazardvand other adverse effects of business uses.

B. Home occupations shall be incidental and secondary tothe use of a dwelling unit for residential purposes. Suchuses shall occupy an area no greater than 25% of thegross habitable area on the lot. The space occupied bythe home occupation itself does not necessarily have tobe in the habitable area.

C. Home occupations shall be conducted in a manner whichdoes not give the outward appearance of a business.

D. Home occupations must not infringe on the privacy ofneighbors or their quiet and peaceful enjoyment of theirproperty.

E. Home occupations shall be limited to one per lot.

12056 06 – 30 – 2006

§ 120-30 ZONING § 120-30

F. Home occupations shall be conducted only by a residentof the lot.

G. Home occupations shall allow no more than twononresident assistants, interns or employees at any onetime per home occupation.

H. Home occupations shall provide off-street parking forany and all anticipated increase in vehicles at thedwelling above and beyond the parking already requiredby § 120-15. Such parking shall be provided in a mannerand style that does not diminish the residential qualityof the neighborhood.

I. Each home occupations shall only have one sign whichshall not exceed two square feet. The sign shallotherwise be in compliance with § 120-17.

J. Home occupations shall be conducted within the home oraccessory structure. Such use shall not alter the externalappearance from a residential character.

K . Home occupations shall not generate auto and trucktraffic that would exceed the volume of traffic that wouldotherwise be generated by typical residential use.

L. Home occupations shall have no external storage ofmaterials, equipment, containers, finished products orassociated vehicles outside the home, outbuilding orgarage other than that which is normally associated withresidential use.

M. Home occupations shall not create offensive noise,vibration, smoke, electrical interference, dust, odors,heat or light.

N. Home occupations shall not use substances whichendanger public health or safety or which pollute the airor water.

12057 06 – 30 – 2006


§ 120-31. Planned residential development (PRD).

Planned residential development shall be permitted byspecial permit in the Residential District. A planned residentialdevelopment shall require site plan approval by the PlanningBoard prior to, or concurrent with, subdivision approval. Siteplan approval shall be contingent upon the applicant’s ability todemonstrate that the proposal adheres to the followingperformance standards:

A. PRDs shall be interwoven into the community andshould not stand alone.

B. PRDs are subject to all of the same provisionsestablished for the Residential District.

C. Residential lot areas, yard areas and frontages may varyand shall be determined by the dimensional chartprovided above in § 120-26, T ble 7, R Dimensional T blea aof Y rd, Area, Setback and Height Requirements.a

D. Planned residential developments shall be comprised ofonly single-family and/or two-family homes.

E. A single-family home may also have one accessorydwelling unit.

F. Streets in a PRD shall be integrated into the Village’sinterconnected street network, creating easy and variedpedestrian routes throughout the Village and, inparticular, to the Village core. There must be multipleentrances to the PRD, and these shall be designed asextensions to existing Village streets.

G. Streets within a PRD shall form an interconnectednetwork of short blocks. Dead-ends, culs-de-sac and looproads are discouraged unless unusual topography orother physical characteristics of the land make themnecessary.

H. Sidewalks and street trees shall be required on bothsides of the street.

12058 06 – 30 – 2006

§ 120-31 ZONING § 120-32

I. Front porches are encouraged for all homes in a PRD,providing an important transition between the publicrealm (street and sidewalk) and the private home.

J. Building orientation, fenestration, building materials,rooflines , b u i l d i n g h e i g h t a n d o t h e r a r c h i t e c t u r alelements shall be consistent with the Village’s historicalarchitectural character.

§ 120-32. Alternate-care housing (ACH).

T h e p e r m i t t i n g o f a l t e r n a t e - c a r e h o u s i n g c o m m u n i t yresidences, family-care homes, domiciliary-care facilities orresidence schools for the developmentally disabled in allResidential Districts by special permit shall be in accordancewith the intent, objectives and standards as follows:

A. Intent. The intent is to make alternate-care housingpossible for those persons who are unable to liveindependently at a particular time; also, to assist NewY rk State institutions for the mentally disabled in theode institutionalization process through the utilization ofalternate-care housing without altering the character ofeach neighborhood of the Village of Rhinebeck.

B. Objectives:

(1) A well-balanced population through the utilizationof a controlled growth approach.

(2) An acceptance of integration of alternate-carehousing residence into the community withoutcreating a negative environment for the residents ofthe alternate-care facility, as well as the residents ofthe community.

(3) Harmony with the objectives of the Master Plan.

C. Project description. In addition to site plan approval, thePlanning Board shall request that a community impactstatement be submitted by the applicant. The statementshall include the following information:

12059 06 – 30 – 2006


(1) Specific classification of the residence and the nameof the regulatory agency(ies).

(2) The person, agency or institution responsible for thefinancial support of the residents.

(3) Copies of all correspondence between the applicantand the regulatory agencies) shall be submitted tothe Planing Board.

(4) Classification and description of residents to behoused.

(5) Current and projected number of residents.

(6) A statement as to whether residents will needemployment.

(7) A description of the plan to integrate the residentsinto the community.

(8) The number of staff employees residing on the lot.

(9) The number of nonresident staff employees.

(10) A statement of community services required,including water, utilities, sewerage and communityhall.

(11) A transportation plan.

(12) A recreation plan, describing planned active andpassive activities providing pleasant occupations,amusement and diversions.

(13) The age of the prospective residents and whetherany will become the responsibility of the RhinebeckCentral School.

(14) A vicinity map: Indicate all other health-related andalternate-care facilities within a radius of one mileof this facility.

(15) A description of a five-year operating plan as itpertains to the previously mentioned items.

D. Standards.

12060 06 – 30 – 2006

§ 120-32 ZONING § 120-32

(1) The community environment standards reported ina statement of principle by the State Department ofMental Hygiene and the State Board of SocialW lfare states that: “A concentration of residencesein a single neighborhood would be detrimental notonly to the community but to the clients of thefacility as well.” T avoid a negative impact on theoneighborhood as well as on the residents ofalternate-care housing:

(a) The approval shall be limited to one facility perblock face.

(b) No two facilities shall be within a radius of1,320 feet of each other.

(c) An ACH dwelling shall have no more than sixunrelated people per lot.

(d) An alternate-care facility housing more than sixACH residents shall require a site of not lessthan one acre, and the total population for ACHlots of any size, including residents and staffemployees, shall not exceed 10 persons per acre.

(e) No facility shall be approved if at the time ofapplication the number of ACH residentswithin the Village exceeds 2% of the Villagepopulation.

(f) The facility shall conform to and be in harmonywith the overall character and appearance ofthe surrounding neighborhood.

(2) New and existing structures shall be constructed,altered and renovated in accordance with the NewY rk State Uniform Fire Prevention and Buildingo

5Code and shall be subject to Health and Fire De-partment regulations and approvals.

________________________________

5 Editor’s Note: See Ch. 56, Fire Prevention and Building Construction.

12061 06 – 30 – 2006


(3) Alternate-care facilities shall not erect any sign thatidentifies or advertises the use or occupancy of thehome.

(4) Planning Board approval is subject to the licensingprocedures of the county and State Department ofMental Hygiene, Department of Social W lfare, andethe Board of Social W lfare. A certificate ofeoccupancy shall not be issued by the Zoning Enforce-ment Officer until a license is granted and a copypresented to the Planning Board.

(5) Regular conformance review of each alternate-carefacility granted a special permit shall be performedonce every year upon the anniversary date of thefacility’s original permit. This review will be done bythe Planning Board.

(6) Any change to the current status shall require anew special permit application to the PlanningBoard.

§ 120-33. Site plan approval for subdivisions.

Any subdivision of more than two lots shall require site planapproval by the Planing Board prior to, or concurrent with,subdivision approval.

ARTICLE IVGateway Business District

§ 120-34. Gateway business principles.

The Gateway Business District is created to recognize theexisting business uses that occupy the entrance to the historicVillage of Rhinebeck adjacent to the T wn of Rhinebeck. Theostandards established below are designed to encourage

architecture more representative of historic Rhinebeck. As theuses in the Gateway Business District evolve, high-qualitylandscaping is encouraged to unify the district. Improved

12062 06 – 30 – 2006

§ 120-34 ZONING § 120-35

pedestrian access between the businesses should be encouragedto reduce vehicle trips, and signage should be brought intocompliance.

§ 120-35. Gateway Business Allowable Use Groups Chart.

In the following Allowable Use Groups Chart, the symbol “p”means the use group is allowed as of right, the symbol “sp”means the use group requires a special permit, and the symbol“X” means the use is not allowed.

T BLE 8AGB Allowable Use Groups Chart

GatewayAllowable Use Group Business

Business Use GroupAgricultural use pAmusement facility spAuto service station spCraft workshop spFuneral home spHome occupation XProfessional office pRecreational business spRetail business pService business sp

Residential Use GroupAccessory dwelling unit XAlternate-care housing (ACH) XApartments spBed-and-breakfast establishment XBed-and-breakfast home XDwelling, single-family XDwelling, two-family XDwelling, multifamily XDwelling, multifamily X

preexisting and registeredLodging facility spNursing home XPlanned residential development X

12063 06 – 30 – 2006


T BLE 8AGB Allowable Use Groups Chart

GatewayAllowable Use Group Business

Community Use GroupCemetery spDay care, family XDay care, family group XEducational use spHospital XLibrary spLodge or club XMunicipal use pReligious institution sp

Land Conservation Use GroupActive recreation spP ssive recreation pa

§ 120-36. Gateway Business Dimensional T ble.a

T BLE 9AGB Dimensional T blea


Gateway Business

Minimum lot area (square feet) 30,000Minimum front yard setback (feet) 20Maximum front yard setback (feet) 40Minimum side yard setback (feet) 20Maximum side yard setback (feet) —Minimum rear yard setback (feet) 25Minimum lot frontage (feet) 150Minimum lot width (feet) 150Maximum building height (feet) 35Maximum lot coverage area 30%

12064 06 – 30 – 2006

§ 120-37 ZONING § 120-37

§ 120-37. Gateway business performance standards.

A. Apartments in the Gateway Business District. Buildingsin the Gateway Business District may have apartmentsas a subordinate use to the primary ground floor usesubject to the following provisions:

(1) Apartments shall not be permitted over an autoservice station or establishments storing or retailingflammable or fume-producing goods.

(2) The habitable area of each apartment shall be atleast 500 square feet.

(3) Each apartment shall be a separate dwelling unitwith provisions for complete living, includingsanitary and sleeping facilities for year-round use byone family.

(4) Apartments shall not be located on the first floor ofthe building, and each apartment shall contain allservices for safe and convenient habitation meetingthe New Y rk State Fire, Building, Health and Envi-oronmental Codes.

(5) Apartments shall have access to the outside of thebuilding which must be distinct from the access touses on the first floor.

(6) Each apartment shall have off-street parking inaccordance with § 120-15.

B. Site plan review.

(1) All building and zoning permit applications in theGB District shall be subject to site plan approval.Preexisting nonconformities with this chapter shallbe reduced to the maximum extent practicable.

(2) During site plan review, the Planning Board mayr e q u i r e v e h i c l e o r p e d e s t r i a n i n t e r c o n n e c t i o n sbetween neighboring properties in order to protectthe safety of the public and to reduce congestion onRoute 9.

12065 06 – 30 – 2006


(3) Buildings in the GB District shall be located,designed, constructed, landscaped and decorated insuch a manner that, to the maximum extentfeasible, the appearance of the principal buildingwill create a positive impression for the entry to theVillage.

(4) All use conversions/site modifications shall respectthe vernacular architectural and landscape design ofthe Village setting, history and surroundings. Anyimprovements shall be completed in a stylecompatible with historic Rhinebeck.

C. P rking.a

(1) Uses that generate vehicular visits must provideadequate parking in accord with the parking chartshown in § 120-15 and in a manner and style thatenhances the entrance to the Village.

(2) P rking shall be located behind the front facade lineaof the principal structure on the lot or behind thebuilding, and it shall be suitably buffered withplantings and/or fencing.

D. Lighting.

(1) L i g h t i n g o f w a l k s a n d e n t r a n c e s s h a l l b ea c c o m p l i s h e d w i t h l o w - l e v e l l i g h t i n g , w i t h amaximum height of 12 feet for any freestandinglight fixture.

(2) Light fixtures in parking areas shall be designed tofocus light downward to minimize glare.

(3) Floodlights for the illumination of signs, buildings orother structures shall be so located and/or shieldedas not to interfere with the enjoyment of anyresidential use or detract from the safety ofmotorists. The edge of the beam of any artificiallight source shall not cross any property line of a loton which the illuminated object is situated. F r thisopurpose, the “edge of the beam” is defined as the

12066 06 – 30 – 2006

§ 120-37 ZONING § 120-37.2

surface at which the intensity of the light does notexceed 10% of the luminescence of the center of thebeam.

E. Signs. Signs shall be in compliance with § 120-17.

ARTICLE IVAMedical Office District

[Added 4-4-2006 by L.L. No. 1-2006]

§ 120-37.1. Medical office principles.

The Medical Office District is created to recognize that theVillage of Rhinebeck has a discrete area where medical officescan be particularly well located, with easy access to theNorthern Dutchess Hospital and no adverse impact onneighboring residences, sited within structures with a historicresidential use and character, for the benefit of the patients ofdoctors connected to the Northern Dutchess Hospital and otherphysicians. Medical offices and residential uses connected to thehospital can preserve and enhance the Village’s architecturalcharacter in this small district. Historically, doctors’ officeswere located within their residences in the Village, and whilethis is not required in this district, the appearance should bethat these structures are occupied. T ward that end, single-ofamily homes, two-family homes and accessory apartments arealso permitted in the district.

§ 120-37.2. Medical office general provisions.

A. Architecture, Building orientation, fenestration, buildingm a t e r i a l s , r o o fl i n e , b u i l d i n g h e i g h t a n d o t h e rarchitectural elements, and exterior lighting, shall beconsistent with the Village’s historical residentialarchitectural character.

B. Accessory structures, swimming pools, yard storage andparking provisions. The same provisions as set forth forthe Residential District, § 120-27, regarding accessory

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§ 120-37.2 RHINEBECK CODE § 120-37.3

structures, swimming pools, yard storage and parkingshall apply in the Medical Office District.

C. Exterior enlargements or demolition or alteration of theexteriors of existing structures, or additions to exteriorlighting or parking in the district shall require a specialuse permit.

§ 120-37.3. Medical Office District Allowable Use Chart.

MedicalAllowable Use Group Office

Business Use GroupAgricultural use xAmusement facility xAuto service station xCraft workshop xFuneral home xHome occupation spMedically related office spProfessional office xRecreational business xRetail business xService business x

Residential Use GroupAccessory dwelling unit spAlternate-care housing (ACH) xApartments spBed-and-breakfast establishment xBed-and-breakfast home xDwelling, single-family pDwelling, two-family spDwelling, multifamily xDwelling, multifamily x

preexisting and registeredLodging facility xNursing home xPlanned residential development x

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§ 120-37.3 ZONING § 120-38

Community Use GroupCemetery xDay care, family xDay care, family group xEducational use xHospital xLibrary xLodge or club xMunicipal use xReligious institution x

Land Conservation Use GroupActive recreation xP ssive recreation xa

§ 120-37.4. Medical Office Dimensional T ble.a

T ble 10aMedical Office

Minimum lot area (square feet) 8,000Minimum front yard setback (feet) 10Maximum front yard setback (feet) 25Minimum side yard setback (feet) 10Maximum side yard setback (feet) —Minimum rear yard setback (feet) 25Minimum lot frontage (feet) 70Minimum lot width (feet) 70Maximum building height (feet) 35Maximum lot coverage 30%

ARTICLE VLand Conservation Overlay

§ 120-38. Findings; purpose; standards.

A. Natural resources contribute to the scenic value,quality of life and character of Rhinebeck. Theprotection of lakes, stream corridors, wetlands and

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floodplains is an important public purpose, and, to theextent practicable, future development in the Villageshall minimize disturbances in these areas. Importantenvironmental features in the Village, such as theLandsman Kill, Crystal Lake and areas of state orfederally regulated wetlands, shall be protected fromnegative impacts related to development. Existing stateand federal regulations shall be carefully enforced andincorporated into all project reviews.

B. The Land Conservation Overlay (LCO) adds anadditional layer of protection to those properties thatare adjacent to and incorporate portions of lakes,stream corridors, wetlands and floodplains. Thoseproperties covered by the LCO are still subject to all ofthe underlying provisions of the district, along with thefollowing additional restrictions:

(1) Site plan review. All building and zoning permitapplications in the LCO District shall be subject tosite plan approval.

(2) Excavation. If during site plan review the Boardfinds any construction, filling or excavation in excessof 300 square feet, or grading or other alteration ofmore than 3,000 square feet, on a lot within theproceeding three-year period, the Planning Boards h a l l e n s u r e t h a t s u c h c o n s t r u c t i o n , fi l l i n g ,excavation, grading or alteration meets the bufferrequirements provided below and will not result inerosion or in wetland, stream or lake pollution fromsurface or subsurface runoff, before it shall grantapproval.

(3) Buffers.

(a) Buffers shall be required adjacent to lakes,stream corridors and wetlands. Buffers shallserve as an ecological transition zone and asan integral portion of the ecosystem. Theirboundaries may vary over time due to

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§ 120-38 ZONING § 120-39

hydrologic or climatological effects. Buffersalso serve as a sediment and stormwaterc o n t r o l z o n e t o r e d u c e t h e i m p a c t s o fdevelopment upon these areas.

(b) All buildings, roofed or covered areas, orimpervious paved roadways or parking areas,shall be set back a minimum of 40 feet fromthe edge of lakes, stream corridors andwetlands. The buffer area shall at all times bevegetated with native trees, shrubs andgrasses.

(c) All excavation undertaken for any reasonmust employ best management practices( B M P s ) t o p r e v e n t s t o r m w a t e r r u n o f f .Guidance on current BMPs shall come fromthe New Y rk State Department of Environ-omental Conservation and the U.S. Army Corpsof Engineers.

ARTICLE VISpecial Sensitivity Overlay

§ 120-39. Findings; purpose.

A. The Village finds that a certain group of propertieswhich are located in both the Village Center andResidential Districts and which are either containedwithin the Village Historic District or form a gateway tothis historic area require special attention. The SpecialSensitivity Overlay (SSO) will serve to encourage thepreservation of the historical character of the Villageand maintain the integrity of the residential characterof the Route 9 corridor despite the impact of heavytraffic. The economic vitality and historic fabric of theVillage will be compromised if the character of theseproperties is allowed to disappear.

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B. Those properties covered by the SSO and located in theResidential District have been or have the potential tobe adaptively reused for low-intensity commercial uses.In order to maintain and protect the small-scalehistoric residential quality of these properties, theadaptive reuse of these properties will be allowed, aslong as such use abides by the performance standardsestablished below. As these properties face increasingpressure to house business uses, the overlay willp r o t e c t t h e r e s i d e n t i a l q u a l i t y b y r e t a i n i n g ,s t r e n g t h e n i n g a n d e n h a n c i n g t h e i r r e s i d e n t i a lcharacteristics and ensuring that the new low-intensitycommercial uses respect the continuing residentialuses.

C. The properties covered by the SSO located in theVillage Center are subject to different pressures, whichcould ultimately result in the same deterioration of thetraditional Village fabric. The SSO enters the VillageCenter and provides areas where the residentialcharacter from the rest of the Village crosses into theVillage Center, but without the more stringentresidential use restrictions. By limiting parts of theVillage Center to a building envelope closer in scale tothe residential area, the traditional and historic variedtexture will remain, thus preserving one of Rhinebeck’sgreatest strengths.

D. The following special sensitivity performance andtraditional zoning standards apply to the overlayportions of the Residential and to the Village CenterDistricts, respectively. In both cases the specialsensitivity standards will be in addition to theunderlying provisions from those districts and will onlyreplace specific provisions where stated. Buildings inthe Residential SSO that will require a new certificateof occupancy, either through a change in use or becausethey were undergoing new construction, are subject toResidential District provisions below. Buildings in theVillage Center SSO that will require a new certificate of

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§ 120-39 ZONING § 120-40

occupancy, either through a change in use, a sitemodification or as a result of new construction, aresubject to Village Center District provisions below.

§ 120-40. Residential District.

Special sensitivity uses shall be allowed, by special permit, inthe areas of the Residential District that are covered by theSSO. A special permit for such use will be granted when thePlanning Board is satisfied that the use will meet the followingperformance standards:

A. Use and occupancy.

(1) Only one SSO permitted use shall be allowed foreach lot.

(2) Owner occupancy is required where a special permithas been granted for an SSO use; the owner shalloccupy a dwelling unit on the same lot.

B. Appearance.

(1) Business uses shall be conducted in a manner whichdoes not give the outward appearance of a business.

(2) Business uses must not infringe on the privacy ofneighbors or their quiet and peaceful enjoyment oftheir property.

(3) Business uses shall be conducted inside thebuilding, outbuilding or garage, and such use will beallowed, provided that any exterior changes made,in the judgment of the Planning Board, conform tothe historic character of the neighborhood.

(4) Business uses shall have no external storage ofmaterials, equipment, containers, finished productso r a s s o c i a t e d v e h i c l e s o u t s i d e t h e b u i l d i n g ,outbuilding or garage other than that which isnormally associated with residential use.

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(5) Business uses shall not create offensive noise,vibration, smoke, electrical interference, dust, odors,heat or light.

C. Traffic generation.

(1) Trip generation as determined by the PlanningBoard shall maintain the integrity of the residentialcharacter of that neighborhood.

(2) The Planning Board during site plan review mayr e q u i r e v e h i c l e o r p e d e s t r i a n i n t e r c o n n e c t i o n sbetween neighboring properties in order to protectthe safety of the public and to reduce congestion onRoute 9.

D. N e w c o n s t r u c t i o n . N e w b u i l d i n g s a n d a l l u s econversions/site modifications in the SSO ResidentialD i s t r i c t s h a l l b e l o c a t e d , d e s i g n e d , c o n s t r u c t e d ,landscaped and decorated in such a manner that, to themaximum extent feasible, the appearance of theprincipal building will remain as a single detacheddwelling. Such new buildings, use conversions/sitemodifications shall respect the existing architecturaland landscape design of their residential setting,considering the overall context of the site and buildingin terms of its history, surroundings and the aestheticsof its original design. Improvements shall be completedin a residential style and shall be compatible with theadjacent structures and neighborhood.

E. P rking.a

(1) Business uses that generate vehicular visits mustprovide adequate parking in accord with the parkingchart shown in § 120-15G and in a manner and stylethat does not diminish the residential quality of theneighborhood.

(2) P rking shall be located behind the front facade lineaof the principal dwelling unit on the lot or behindthe building, and it shall be suitably screened withplantings and/or fencing.

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§ 120-40 ZONING § 120-40

F. Lighting.

(1) All exterior lighting, including lighting fixtures andlighting of walks and of parking areas, shall beaccomplished with low-level lighting in a residentialstyle.

(2) Maximum height of any freestanding light fixtureshall be eight feet.

(3) No light source shall be positioned or installed so asto cause glare or spillage into neighboring propertybeyond that normally associated by residential use.

(4) L i g h t i n g fi x t u r e s s h a l l i n c l u d e a c u t o f f - t y p eluminary to prevent glare and spillage of direct lightabove the fixture, with no light above the horizontallevel of the night sky.

G. Signs.

(1) Business uses shall have no more than one sign.

(2) Maximum sign area will be one square foot in areafor every 10 linear feet of lot frontage, but notexceeding 15 square feet.

(3) Lighting of such sign is permitted by directi l l u m i n a t i o n ( n o b a c k l i t o r t r a n s l u c e n t s i g n spermitted), provided that the lighting source ise n t i r e l y s c r e e n e d f r o m v i e w a n d o t h e r w i s econsistent with § 120-17C and H.

(4) Signs shall otherwise be consistent with theprovisions of § 120-17.

§ 120-41. Village Center.

Properties covered by the SSO in the Village Center Districtare subject to the same use restrictions as the rest of the VillageCenter. However, buildings in the overlay must conform to theyard and setback requirements for Residential Districts, asshown below.

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T BLE 10AVC—SSO Dimensional T blea


Village Center — SSO

Minimum lot area (square feet) 4,000*Minimum front yard setback (feet) 10

Maximum front yard setback (feet) 25Minimum side yard setback (feet) 10Maximum side yard setback (feet) —Minimum rear yard setback (feet) 25Minimum lot frontage (feet) 40Minimum lot width (feet) 40Maximum building height (feet) 40Maximum lot coverage area 65%

*Note: Notwithstanding the setback provisions established above,structures in the Residential District may be built within the setbacksof the two adjacent structures on the same side of the street. Cornerlots may use the setback of the single adjacent lot on each side as theaverage.


All building and zoning permits applications in the SSODistrict shall be subject to site plan approval. Preexistingnonconformity with this chapter shall be reduced to themaximum extent practicable.

ARTICLE VIISpecial P rmits and Site Plan Approvale

§ 120-43. When required.

Site plan approval by the Planning Board is required prior tothe issuance of all building and zoning permits in the VillageCenter and Gateway Business Districts and in the LandConservation and the Special Sensitivity Overlay Districts andfor all special permit uses in all districts. Special permitapproval is required for the uses specified in the Allowable Use

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§ 120-41 ZONING § 120-44

Groups Chart in § 120-6. The site plan approval process, whenapplied to a project that does not require a special permit, isfocused primarily on whether a particular development sitecomplies with the purposes, principles and performance criteriacontained in this chapter. The site plan approval process, whenused in conjunction with the special permit process, becomes asignificant factor in whether the use in question is appropriatefor a particular site.

§ 120-44. Applications.

Application for a building or zoning permit shall be made tothe Zoning Enforcement Officer, in accordance with § 120-Section 11.1.1 below, prior to the commencement of thedemolition, construction, excavation or use of any structure orland. Routine maintenance and repair, such as electricalupgrades and other minor nonstructural changes, may notrequire site plan approval. If the Zoning Enforcement Officershall determine, according to the provisions of this chapter, thatthe applicant will need a special permit with site plan approval,or site plan approval, then he or she shall forward theapplication to the Planning Board.

A. Planning Board action.

(1) Upon receipt of the application, the Planning Boardshall notify the applicant, in writing, of the place,date and time of an initial workshop meeting withthe Planning Board.

(2) During the initial workshop meeting, the PlanningBoard will either accept the application as completeor inform the applicant what is required for theapplication to be considered complete.

(3) If no public hearing is required for site plana p p r o v a l , t h e P l a n n i n g B o a r d s h a l l a p p r o v e ,a p p r o v e w i t h m o d i fi c a t i o n s o r c o n d i t i o n s , o rdisapprove within 62 days of the date of the meetingat which the application was considered completefor receipt by the Planning Board. The Planning

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Board defines an application as having beenreceived by the Planning Board as the date of thePlanning Board meeting at which the PlanningBoard reviewed all of the information provided bythe applicant and voted to accept the application ascomplete.

(4) The applicant may request a preliminary informaldiscussion. Such discussion would occur prior to theinitial workshop meeting. The purpose of such adiscussion would be a conceptual review of apreliminary application. F r such a discussion to beoconsidered, the applicant would need to submit abrief narrative describing the proposed use, avicinity map (as defined below), and a sketch plan (afreehand sketch showing the proposed use inrelation to existing conditions).

(5) All special permits require a public hearing. ThePlanning Board may also require a public hearingfor some site plans, at its discretion. In all casesrequiring a public hearing, the Planning Board willschedule such a hearing within 62 days of the dateof the meeting at which the application wasconsidered complete for receipt by the PlanningBoard. The Village shall give public notice of such ahearing by causing publication of a notice of hearingin the official newspaper at least five days prior tothe hearing date. Such notice of hearing shall bemailed directly to all land owners within 200 feet ofthe property line at least 10 days prior to thehearing date.

(6) After a public hearing covering only a site plan, theP l a n n i n g B o a r d s h a l l a p p r o v e , a p p r o v e w i t hmodifications or conditions, or disapprove within 62days. A conditional site plan approval shall expire atthe end of 180 days if the conditions have not beensatisfied; however, the Planning Board may consentto an extension of up to another 180 days.

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§ 120-44 ZONING § 120-44

(7) The decision of the Planning Board shall be filed inthe office of the Clerk, and a copy thereof mailed tothe applicant.

(8) After the conclusion of a public hearing for a specialpermit including site plan approval, the PlanningBoard shall grant, deny, or grant subject toconditions, the special permit within 62 days.

(9) The conditions for granting a special permit willcontain any modification or conditions to the sitethat the Planning Board deems necessary toconform to the criteria established below.

B. SEQRA Compliance; county approval.

(1) Upon receipt of a complete application, the PlanningBoard shall initiate the New Y rk State environmen-ot a l q u a l i t y r e v i e w p r o c e s s b y i s s u i n g adetermination of significance.

(2) The Village of Rhinebeck Planning Board shall referto the Dutchess County Planning Agency anycomplete application for site plan approval or specialpermit approval affecting real property within 500feet of the boundary of the Village of Rhinebeck, orthe boundary of any existing or proposed county orstate park or other recreation area, or the boundaryor any existing or proposed county or state roadway,or the boundary of any existing or proposed right-of-way for a stream or drainage channel owned bythe county for which the county has establishedchannel lines, or the boundary of any existing orproposed county or state-owned land on which apublic building or institution is situated, pursuantto §§ 239-l and 239-m of the General Municipal Law.

(3) No action shall be taken on applications referred tothe County Planning Agency until its recommenda-tion has been received, or 30 days have elapsed afterits receipt of the complete application, unless both

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the county and the Village agree to an extensionbeyond the thirty-day limit.

(4) A recommendation of disapproval from the CountyP l a n n i n g A g e n c y c a n b e o v e r r i d d e n b y t h eRhinebeck Planning Board with a majority plus onevote, along with a resolution setting forth thereasons for such contrary action.

§ 120-45. Required information.

Site plan and special permit approval may require that anyor all of the information listed below be presented in order forthe application to be considered complete by the PlanningBoard. The Planning Board is not limited to this list and mayrequest additional information if it deems it necessary orappropriate. In determining the amount of information it willrequire, the Planning Board will consider the type of use, thelocation, the size and potential impact of the project. Theapplicant shall submit three copies of the information requiredby the Planning Board, at least six business days prior to thedate of the meeting of the Planning Board. The plans anddescriptive information presented at the meeting shall besufficient to portray clearly the intentions of the applicant.

A. A brief narrative describing the proposed use.

B. A vicinity map showing the relationship of the proposalto existing buildings, parking areas, driveways and anyother significant features on surrounding parcels, andcommunity facilities that may affect or serve it, such asroads, shopping areas, schools, etc. It shall also show allproperties, subdivisions, streets, easements and thezoning district boundaries within 500 feet of theproperty. Such a sketch may be superimposed on aUnited States Geological Survey map of the area.

C. Site plan, drawn at a scale of eight feet to the inch (oneinch equals eight feet) or such other scale as thePlanning Board may deem appropriate.

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§ 120-45 ZONING § 120-45

(1) The site plan map shall show the location and use ofall existing and proposed structures, including alldimensions of height and floor area, all exteriorentrances, fenestration and all anticipated futureadditions and alterations. The site plan map shallinclude a floor plan of all levels of existing andproposed structures on the site.

(2) The locations of all present and proposed public andprivate ways, sidewalks, ramps, curbs, paths,retaining walls, fences and landscaping.

(3) The locations of all present and proposed off-streetparking, parking for commercial vehicles whileloading and unloading, the location and width of alldriveways.

(4) Location, type and screening details of wastedisposal containers and outdoor storage areas.

(5) The location, height, intensity and bulb type of alle x t e r n a l l i g h t i n g fi x t u r e s . T h e d i r e c t i o n o fillumination and methods to eliminate glare ontoadjoining properties.

(6) The location, height, size, materials and design of allproposed signage.

(7) The location of all present and proposed utilitysystems including sewage or septic, water supply,telephone, cable and electric.

(8) Storm drainage system, including existing andp r o p o s e d d r a i n l i n e s , c u l v e r t s , c a t c h b a s i n s ,h e a d w a l l s , e n d w a l l s , h y d r a n t s , m a n h o l e s a n ddrainage swales.

(9) Plans to prevent the pollution of surface water orgroundwater, erosion, excessive runoff, and floodingo f o t h e r p r o p e r t i e s b o t h d u r i n g a n d a f t e rconstruction.

(10) T pographic information about the property, drawnoat the same scale as required for site plan under

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Subsection C above or as the Planning Board maydeem appropriate, showing existing and proposedt o p o g r a p h y a t o n e - f o o t - c o n t o u r i n t e r v a l s ; a l s oshowing any portion of the lot that lies within theone-hundred-year floodplain, and areas on theproperty, and within 50 feet of the proposed site,where soil removal or filling is required.

(11) L a n d s c a p e i n f o r m a t i o n s h o w i n g a l l p e r t i n e n tnatural land features that may influence the designof the proposed use, such as rock outcrops and singletrees of four or more inches in diameter, forestcover, ponds, lakes, wetlands, watercourses, aquifersand floodplains.

(12) Traffic flow patterns within the site, entrances, exitsand loading and unloading areas, as well as curbcuts on the site and within 100 feet of the site. ThePlanning Board may, at its discretion, require adetailed traffic study for larger projects or for thosein heavy traffic areas, which can include: theprojected number of motor vehicle trips to enter orleave the site, estimated for daily and peak trafficlevels; the projected traffic flow pattern, includingvehicular movements at all major intersectionslikely to be affected by the proposed use of the site;the impact of this traffic on existing abutting publicand private ways in relation to exiting roadcapacities; and existing and proposed daily peak-hour traffic levels as well as road capacity levels.

(13) Define and quantify each use within the site,specifying what each area is to be, such as retail,office, dwellings, etc. Include the estimated numberof residents and/or employees attributable to eachuse, maximum seating capacity and the number ofparking spaces existing and required for eachintended use.

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§ 120-45 ZONING § 120-46

1D. Elevations at a scale of / inch equals one foot for all4

exterior facades, showing design features and indicatingthe type of materials to be used.

E. State Environmental Quality Review Act (SEQRA)submission consisting of either a short-form environmen-tal assessment form (EAF), a long-form EAF and/or adraft environmental impact statement (DEIS), asdetermined by the Planning Board.

§ 120-46. Special permits.

A. Conditions for approval. The Planning Board shall notissue a special permit unless it makes a recorded finding,based upon the facts of the application, that the proposeduse, if conducted pursuant to the attached criteria, willsatisfy the standards set forth herein. In order to reachpositive findings in support of the special permit, theP l a n n i n g B o a r d m a y r e q u i r e c o n d i t i o n s a n d / o rmodifications to the project. Such conditions must relateto the impact of the project. If the Planning Board doesnot make such a finding, it shall deny the special permit.In issuance of such denial, the record of the PlanningBoard must address the standards outlined below andinclude the facts and reasons upon which such denialwas based. Such special permits, however, may beauthorized by the Planning Board only upon satisfactionof the following standards and conditions:

(1) Compatibility of the proposed use with adjoiningproperties and compatibility with the intent of theprinciples of the district and with the natural andbuilt environment and with the purposes set forth inthis chapter.

(2) The historic character and use of the structure orstructures and the historic character on site and inthe surrounding area.

(3) Adequacy of parking for the proposed use, and itsaccessibility to fire, police and emergency vehicles.

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(4) The proposed use will have no greater overallimpact on the site and its surroundings than wouldfull development of uses of the property permittedby right, considering environmental, social andeconomic impacts of traffic, noise, dust, odors,release of harmful substances, solid waste disposal,glare or any other nuisances.

(5) R e s t r i c t i o n s a n d / o r c o n d i t i o n s o n d e s i g n o fstructures or operation of the use (including hours ofoperation) necessary either to ensure compatibilitywith the surrounding uses or to protect the naturalor scenic resources of the Village.

(6) Consistency of the location of the proposed use withthe goal of creating a healthy mix of uses thatenhances the commercial viability of the Village ofRhinebeck.

(7) Consistency with the principles established in theVillage Center, Residential, and Gateway Businesssections of this chapter.

(8) Consistency with the requirements for site planapproval established above.

(9) Compatibility with generally accepted planningstandards practiced by the Village of Rhinebeck.

B. Expiration, revocation and enforcement.

(1) A special permit shall be deemed to authorize onlythe particular special use or uses permitted.

(2) Special permits will expire if the applicant fails toobtain a building permit or fails to comply with theconditions of the special permit, unless otherprovisions are set forth by the Planning Board inconnection with its approval, 18 months afterapproval.

(3) A special permit will expire if the special use or usesshall cease for more than 24 consecutive months forany reason.

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§ 120-46 ZONING § 120-47

(4) A special permit may be revoked by the Board ofAppeals if the conditions of the special permit areviolated.

(5) Any violation of the conditions of a special permit ora violation of any applicable performance criteriafrom this chapter shall be deemed a violation of thischapter, and shall be subject to enforcement actionas provided herein.

§ 120-47. Site plan approval.

A. In acting on any proposed site plan, the Planning Boardshall take into consideration:

(1) Consistency with the Village Master Plan.

(2) Consistency with the Village Center, GatewayBusiness, and Residential principles established inthose respective sections.

(3) The effect of the proposed change on the generalhistoric and/or a r c h i t e c t u r a l c h a r a c t e r o f thestructures in the area.

(4) The proposed location of main and accessorybuildings on the site and their relation to oneanother; traffic circulation within the site; heightand bulk of buildings; provision of off-street parkingspace; provision of buffer areas and other openspaces on the site; the display of signs; provisiont h a t t h e p r o j e c t w i l l i m p r o v e a n d p r o m o t epedestrian circulation and will harmoniously fit intothe adjoining street system and with contiguousland, buildings and neighborhoods.

(5) In addition, the Planning Board shall considerdrainage, road alignment and any other engineeringaspects of such site plan and may require the reviewof such factors by professional consultants appointedby the Village.

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B. Revocation and enforcement.

(1) S i t e p l a n a p p r o v a l s h a l l a u t h o r i z e o n l y t h eparticular lot layout or configuration depicted on theapproved site plan.

(2) Site plan approval will expire if the applicant fails toobtain a building permit or fails to comply with theconditions of the approval, unless other provisionsare set forth by the Planning Board in connectionwith its approval, 12 months after approval.

(3) Site plan approval may be discontinued by theBoard of Appeals if the conditions of the approvalare not being upheld.

(4) Any violation of the conditions of the site plana p p r o v a l o r a v i o l a t i o n o f a n y a p p l i c a b l eperformance criteria from within this chapter shallbe deemed a violation of this chapter and shall besubject to enforcement action as provided herein.

ARTICLE VIIIV riances and Appealsa

§ 120-48. Appeals from official orders, requirements,decisions and determinations.

A. The Board of Appeals shall perform the duties andpowers prescribed by the laws of New Y rk State and byothis chapter in connection with requests for variancesfrom this chapter and appeals to review any order,requirement, decision, interpretation or determinationmade by officials charged with the enforcement of thischapter. Unless otherwise provided by this chapter, thejurisdiction of the Board of Appeals shall be appellateonly and shall be limited to hearing and deciding appealsfrom and reviewing any order, requirement, decision,i n t e r p r e t a t i o n o r d e t e r m i n a t i o n m a d e b y t h eadministrative officials charged with the enforcement ofthis chapter.

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§ 120-49 ZONING § 120-49

B. Administrative review. The concurring vote of a majorityof the members of the Board of Appeals shall benecessary to reverse any order, requirement, decision,i n t e r p r e t a t i o n o r d e t e r m i n a t i o n o f a n y s u c hadministrative official or to grant a use variance or areavariance. Such appeal may be taken by any personaggrieved, or by an officer, department, board or bureauof the Village. The Board of Appeals may reverse oraffirm, wholly or in part, or may modify any order,requirement, decision, interpretation or determinationmade by officials charged with the enforcement of thischapter. In so doing, the Board of Appeals shall have allof the powers of such officials in granting relief in theform of reversal, modification, affirmation, interpretationor determination.

§ 120-49. Appeals for variances.

The Board of Appeals shall have the power to vary or modifythe application of this chapter, where it imposes practicaldifficulties or unnecessary hardship. Upon appeal for a varianceand after public notice and hearing, the Board of Appeals maygrant such variances relating to the use, area, construction oralteration of structures or use of land, so that the spirit of thischapter is observed, public safety and welfare secured andsubstantial justice done.

A. Use variances.

(1) Use variances shall not be granted by the Board ofAppeals without a showing by the applicant thatapplicable zoning regulations and restrictions havecaused an unnecessary hardship. In order to provesuch unnecessary hardship, the applicant shalldemonstrate to the Board of Appeals that, for eacha n d e v e r y p e r m i t t e d u s e u n d e r t h e z o n i n gregulations for the particular district where theproperty is located:

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(a) The applicant cannot realize a reasonabler e t u r n , p r o v i d e d t h a t l a c k o f r e t u r n i ssubstantial, as demonstrated by competentfinancial evidence;

(b) The alleged hardship relating to the property inquestion is unique and does not apply to as u b s t a n t i a l p o r t i o n o f t h e d i s t r i c t o rneighborhood;

(c) The requested use variance, if granted, will nota l t e r t h e e s s e n t i a l c h a r a c t e r o f t h eneighborhood; and

(d) The alleged hardship has not been self-created.

(2) The Board of Appeals, in the granting of usevariances, shall grant the minimum variance that itdeems necessary and adequate to address theunnecessary hardship proved by the applicant andat the same time preserve and protect the characterof the neighborhood and the health, safety andwelfare of the community.

B. Area variances.

(1) In its consideration of area variances, the Board ofAppeals shall take into account the benefit to theapplicant if the variance is granted, as weighedagainst the detriment to the health, safety andwelfare of the neighborhood or community by suchgrant. In making such determination the Board ofAppeals shall also consider:

(a) W h e t h e r a n u n d e s i r a b l e c h a n g e w i l l b eproduced in the character of the neighborhoodor a detriment to nearby properties will becreated by the granting of the area variance;

(b) Whether the benefit sought by the applicantcan be achieved by some method, feasible forthe applicant to pursue, other than an areavariance;

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§ 120-49 ZONING § 120-49

(c) W h e t h e r t h e r e q u e s t e d a r e a v a r i a n c e i ssubstantial;

(d) Whether the proposed variance will have anadverse effect or impact on the physical or envi-ronmental conditions in the neighborhood ordistrict; and

(e) Whether the alleged difficulty was self-created;which consideration shall be relevant to thedecision of the Board of Appeals, but shall notnecessarily preclude the granting of the areavariance.

(2) The Board of Appeals, in the granting of areavariances, shall grant the minimum variance that itshall deem necessary and adequate and at the sametime preserve and protect the character of theneighborhood and the health, safety and welfare ofthe community.

§ 120-50. Imposition of conditions.

The Board of Appeals shall, in the granting of both usevariances and area variances, have the authority to imposesuch reasonable conditions and restrictions as are directlyrelated to and incidental to the proposed use of the property.Such conditions shall be consistent with the spirit and intent ofthis chapter and shall be imposed for the purpose of minimizingany adverse impact such variance may have on the Village ofRhinebeck.

§ 120-51. Appeal process and procedures.

A. Application. Application for appeal shall be in writingand must be filed with the Zoning Enforcement Officerwithin 60 days after the filing of the order, requirement,decision, interpretation or determination that is beingappealed. Such application shall refer to the specificprovisions of this chapter involved and shall specify the

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grounds for the variance requested, the interpretationclaimed or the reversal of an order, requirement,decision or determination of an administrative officialand the relief sought. The Zoning Enforcement Officershall forward the application to the Board of Appeals.T h e B o a r d o f A p p e a l s m a y r e q u e s t a d d i t i o n a linformation, including but not limited to any or all of theitems listed in § 120-45, Required information.

B. Referrals.

(1) County Planning Agency.

(a) The Village of Rhinebeck Board of Appeals shallrefer to the Dutchess County Planning Agencyany complete application for an area or usevariance affecting real property within 500 feetof the boundary of the Village of Rhinebeck, orthe boundary of any existing or proposed countyor state park or other recreation area, or theboundary of any existing or proposed county orstate roadway, or the boundary of any existingor proposed right-of-way for a stream ordrainage channel owned by the county forwhich the county has established channel lines,or the boundary of any existing or proposedcounty or state-owned land on which a publicbuilding or institution is situated, pursuant to§§ 239-l and 239-m of the General MunicipalLaw.

(b) No action shall be taken on applicationsreferred to the County Planning Agency untilits recommendation has been received, or 30days have elapsed after its receipt of thecomplete application, unless both the countyand Village agree to an extension beyond the30-day limit.

(c) A recommendation of disapproval from theCounty Planning Agency can be overridden bythe Rhinebeck Board of Appeals with a majority

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§ 120-51 ZONING § 120-51

plus one vote, along with a resolution settingforth the reasons for such contrary action.

(2) Village Planning Board. The Board of Appeals shallrefer all appeals to the Planning Board for anadvisory opinion. The appeal shall be transmitted tothe Planning Board at least 30 days prior to thepublic hearing. The Planning Board shall submit tothe Board of Appeals its advisory opinion prior tothe public hearing. The failure of the PlanningBoard to submit such opinion shall be interpreted asa neutral opinion on the appeal.

C. SEQRA. The Board of Appeals shall comply with theprovisions of the New Y rk State Environmental QualityoReview Act under Article 8 of the EnvironmentalConservation Law and its implementing regulations ascodified in Title 6, P rt 617, of the New Y rk Codes,a oRules and Regulations.

D. Meetings. Meetings of the Board of Appeals shall be opento the public to the extent provided in Article 7 of thePublic Officers Law. The Board of Appeals shall keepminutes of its proceedings, showing the vote of eachmember upon every question or, if absent or failing tovote, indicating such fact, and shall also keep records ofits examinations and other official actions.

E. Assistance of employees. The Board of Appeals shallhave the authority to call upon any department, agencyor employee of the Village for such assistance as shall bedeemed necessary and as shall be authorized by theVillage Board of Trustees. Such department, agency oremployee may be reimbursed for any expenses incurredas a result of such assistance.

F. Hearing on appeal. The Board of Appeals shall fix areasonable time within 62 days of receipt of an appeal forthe hearing of an appeal or other matter referred to itand give public notice of such hearing by publication in apaper of general circulation in the Village at least fivedays prior to the date thereof. The cost of sending or

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publishing any notices relating to such appeal, or areasonable fee relating thereto, shall be borne by theappealing party and shall be paid to the Board ofAppeals prior to the hearing of such appeal. Upon thehearing, any party may appear in person or by agent orattorney.

G. Time of decision. The Board of Appeals shall decide uponthe appeal within 62 days after such hearing. The timewithin which the Board of Appeals must render itsdecision may be extended by mutual consent of theapplicant and the Board of Appeals.

H. Filing requirements and notice of decision. Every rule,regulation, every amendment or repeal thereof, andevery order, requirement, decision or determination ofthe Board of Appeals shall be filed in the office of theVillage Clerk and shall be a public record. Decisions ofthe Board of Appeals on appeal shall be filed within fivebusiness days after the day such decision is rendered,and a copy thereof mailed to the applicant.

I. Action. The Board of Appeals may reverse or affirm,wholly or in part, or may modify any order, requirement,decision, interpretation or determination made byofficials charged with the enforcement of this chapter.The concurring vote of a majority of the members of theBoard of Appeals shall be necessary to reverse any order,requirement, decision or determination of any suchadministrative official, or to grant a use variance or areavariance.

J. Rehearing. A motion for the Board of Appeals to hold arehearing to review any order, decision or determinationof the Board of Appeals not previously reheard may bemade by any member of the Board of Appeals. Aunanimous vote of all members of the Board of Appealsthen present is required for such rehearing to occur.Such rehearing is subject to the same notice provisionsas an original hearing. Upon such rehearing the Board ofAppeals may reverse, modify or annul its original order,

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§ 120-51 ZONING § 120-51

decision or determination upon the unanimous vote of allmembers then present, provided that the Board ofAppeals finds that the rights vested in persons acting ingood faith in reliance upon the reheard order, decision ordetermination will not be prejudiced thereby.

K . Stay upon appeal. An appeal shall stay all proceedings infurtherance of the action appealed from, unless theadministrative official charged with the enforcement ofthis chapter, from whom the appeal is taken, certifies tothe Board of Appeals, after the notice of appeal is filed,that by reason of facts stated in the certificate a staywould, in his or her opinion, cause imminent peril to lifeor property, in which case proceedings shall not bestayed other than by a restraining order which may begranted by the Board of Appeals or by a court withj u r i s d i c t i o n o n a p p l i c a t i o n , w i t h n o t i c e t o t h eadministrative official from whom the appeal is taken,and on due cause shown.

L. Expiration of appeal decision. Unless otherwise specifiedby the Board of Appeals and without any further hearingby the Board of Appeals, a decision on any appealincluding the granting of area and use variances shallautomatically lapse and expire if the applicant fails toexercise the variance or fails to obtain any necessarybuilding permits within one year of the date the decisionis filed.

ARTICLE IXNonconforming Uses, Buildings and Structures

§ 120-52. Nonconforming uses.

A. Registration and continuation. Any nonconforming usewhich existed lawfully at the time of enactment of thischapter may be continued, provided that it is registeredwith the Zoning Enforcement Officer by the owner oragent within 12 months of the date of adoption of thischapter and subject to the following provisions. F ilurea

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to register such use, after being informed by the Villagein writing, will cause the use to be viewed as havingbeen discontinued.

B. Expansion or intensification. A nonconforming use shallnot be enlarged or extended beyond the area occupied bysuch use at the time of the adoption of this chapter.Nonconforming uses may not increase their intensity byi n c r e a s i n g t h e n u m b e r o f p e o p l e w o r k i n g a t anonconforming business.

C. Relocation. A nonconforming use may not be moved inwhole or in part to any other portion of the lot occupiedby such nonconforming use.

D. Modification. A nonconforming use shall not be changedt o a n y o t h e r n o n c o n f o r m i n g u s e ; n o r s h a l l anonconforming use be changed to any other use withinthe same use group as shown on the Allowable UseGroups Chart, § 120-6, without prior approval by theBoard of Appeals and then only to a use which, asdetermined by the Board of Appeals, is of the same or amore restricted nature.

E. Destruction. If any building or structure in which anonconforming use is conducted is hereafter removed, ordestroyed by fire, wind, explosion, structural failure orother natural cause, to the extent of 50% or more of itstrue market value at the time of such damage, asadjusted from assessed value, based upon State Board ofEqualization rates, it shall not be repaired or rebuilt,unless a special permit is granted by the PlanningBoard.

F. Discontinuance. If a nonconforming use is discontinuedfor a period of 12 consecutive months, it shall not berenewed, and any subsequent use on that lot shallconform to the regulations of the district in which it islocated.

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§ 120-52 ZONING § 120-53

§ 120-53. Nonconforming buildings, structures and lots.

A. Where a lawful structure, building or lot exists at theeffective date of adoption or amendment of this chapterthat could not be built under such adoption oramendment by restriction on the lot area, lot coveragearea, height, yards or other characteristics of thestructure or its location on the lot, such structure may becontinued so long as it remains otherwise lawful, subjectto the following provisions.

B. Nothing in this chapter shall prevent the strengtheningor alteration to a safe condition of all or part of abuilding or structure that is nonconforming, providedthat the repair or alteration will not increase the height,size or volume of the building or structure or otherwiseincrease the nonconformity.

C. Additions, alterations, maintenance and repairs.

(1) A nonconforming building, structure or lot shall notbe added to or enlarged or altered in any manner, ina way which increases its nonconformity.

(2) Should such structure or building be moved for anyreason, it shall thereafter conform to the regulationsfor the district in which it is located after it ismoved.

(3) A nonconforming building or structure is herebyrequired to be maintained in such condition as willnot constitute a danger to the health, safety, orgeneral welfare of the public.

D. Discontinuance. A building or structure or a portionthereof shall be deemed discontinued if the building orstructure is vacant for one year or if, in a lesser period oftime, there is a manifestation of a clear intent on thepart of the owner to abandon the nonconforming buildingor structure. If deemed discontinued, such building orstructure shall not be reestablished, and any subsequentuse shall not commence until the building or structure is

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brought into conformity with the provisions of thedistrict in which the lot is located.

E. Restoration. A nonconforming building or structuredestroyed or damaged by fire, wind, explosion, structuralfailure or other natural cause to the extent of 50% ormore of its fair market value at the time of such damage,as adjusted from assessed value, based upon State Boardof Equalization rates, shall not be repaired or rebuilt,unless the appropriate variances are granted by theBoard of Appeals.

F. V lidity of building and zoning permits.a

(1) A building permit for a structure that would benonconforming under this chapter will be valid onlyif the permit has been lawfully granted and underwhich construction has been started and diligentlypursued before the adoption of this chapter.

(2) No structure designed for or intended to be used fora nonconforming use under this chapter shall bec o n s t r u c t e d , r e c o n s t r u c t e d o r a l t e r e d u n l e s sconstruction, reconstruction or alteration is alreadyunderway and is being diligently pursued so thatsuch building or structure will be completed within12 months from the time of the adoption oramendment of this chapter unless the followingprovision is observed.

(3) Not more than 30 days after the enactment of thischapter, a permit shall be obtained from the ZoningEnforcement Officer for each building or structureunder construction as of the date of adoption.Irrespective of whether such construction conformsto the terms of this chapter, any structure sopermitted shall be allowed to be completed inaccordance with plans filed at the time of theapplication for the permit. After filing of plans withthe Zoning Enforcement Officer, no alterations ora d d i t i o n s a r e p e r m i t t e d u n l e s s t h e y a r e i nconformity with the provisions of this chapter.

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§ 120-53 ZONING § 120-54

§ 120-54. Amortization.

The Board of Appeals shall consider the following criteria indetermining if it is appropriate to provide for an amortizationperiod and, if appropriate, the duration of such amortizationperiod prior to the removal of a discontinued nonconforminguse, building or structure:

A. The nature of any existing business.

B. The amount of the investment in the business, buildingor structure.

C. The detriment which may be caused by the removal ofthe nonconforming use, building or structure.

D. The character of the neighborhood.

E. The amount of additional time requested by the owner toamortize the alleged unrecoverable investment.

ARTICLE XAdministration

§ 120-55. Zoning Enforcement Officer.

A. Appointment; authority. The provisions of this chaptershall be administered and enforced by the Zoning En-forcement Officer, who shall be appointed by the VillageBoard of Trustees and who shall serve at its pleasure.The Zoning Enforcement Officer shall have the power tomake inspections of buildings or lot necessary to carryout his or her duties in the enforcement of this chapter.The Village Board of Trustees may appoint a DeputyZoning Enforcement Officer to exercise any or all of theduties of the Zoning Enforcement Officer.

B. Duties.

(1) The Zoning Enforcement Officer shall not issue apermit for the construction of any building or use ofany property unless such building or use conformsto all other laws and ordinances of the Village.

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(2) The Zoning Enforcement Officer shall maintain files,open to the public, of all applications for certificatesof occupancy and building permits along with planssubmitted therewith as well as final certificates andpermits.

(3) The Zoning Enforcement Officer shall also maintainrecords, open to the public, of every complaint of aviolation of the provisions of this chapter as well asaction taken as a result of such complaints.

(4) The Zoning Enforcement Officer shall submit to theVillage Board of Trustees, for insertion in the Boardminutes, a written report summarizing for themonth all building permits and certificates ofoccupancy issued as well as complaints of violationsand action taken as a result of such complaints.

§ 120-56. Board of Appeals.

A. Appointment of members. Each Village Board ofTrustees which adopts a local law and any amendmentsthereto pursuant to the powers granted by this chaptershall create a Board of Appeals consisting of three or fivemembers as shall be determined by such local law. In theabsence of a Chairperson, the Board of Appeals maydesignate a member to serve as Acting Chairperson. Inmaking such appointment, the Village Board of Trusteesmay require Board of Appeals members to completetraining and continuing education courses in accordancewith any local requirements for the training of suchmembers. The Village Board of Trustees may, as part ofthe local law creating said Board of Appeals, provide forthe compensation of Board of Appeals members. TheVillage Board of Trustees may provide for compensationto be paid to experts, clerks and a secretary and providefor such other expenses as may be necessary and proper,not exceeding the appropriation made by the VillageBoard of Trustees for such purpose.

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§ 120-56 ZONING § 120-56

B. Board of Trustees ineligible. No person who is a memberof the Village Board of Trustees shall be eligible formembership on such Board of Appeals.

C. T rms of members first appointed. In the creation of aenew Board of Appeals, or the reestablishment of terms ofan existing Board of Appeals, the appointment ofmembers to the Board of Appeals shall be of terms sofixed that one member’s term shall expire at the end ofthe Village official year in which such members wereinitially appointed. The remaining members’ terms shallbe so fixed that one member’s term shall expire at theend of each official year thereafter. At the expiration ofeach original member’s appointment, the replacementmember shall be appointed by the Village Board ofTrustees for a term which shall be equal in years to thenumber of members of the Board of Appeals.

D. T rms of members now in office. Members now holdingeoffice for terms which do not expire at the end of theVillage official year shall, upon the expiration of theirterm, hold office until the end of the Village official year,and their successors shall then be appointed for termswhich shall be equal in years to the number of membersof the Board of Appeals.

E. Increasing membership. The Village Board of Trusteesmay, by local law, increase a three-member Board ofAppeals to five members. Additional members shall befirst appointed for single terms as provided by resolutionin order that the terms of members shall expire in eachof five successive years, and their successors shallthereafter be appointed for full terms of five years. Nosuch additional member s h a l l t a ke part in theconsideration of any matter for which an application wason file with the Board of Appeals at the time of his or herappointment.

F. Decreasing membership. When the Village Board ofTrustees has increased the number of members of theBoard of Appeals to five, it may, by local law, decrease

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the number of members of the Board of Appeals to threeto take effect upon the next two expirations of terms.

G. V cancy in office. If a vacancy shall occur otherwise thanaby expiration of term, the Village Board of Trustees shallappoint the new member for the unexpired term.

H. Removal of members. The Village Board of Trusteesshall have the power to remove, after public hearing, anymember of the Board of Appeals for cause. Any Board ofAppeals member may be removed for noncompliancew i t h m i n i m u m r e q u i r e m e n t s r e l a t i n g t o m e e t i n gattendance and training as established by the VillageBoard of Trustees by local law.

I. Chairperson duties. All meetings of the Board of Appealsshall be held at the call of the Chairperson and at suchother times as such Board of Appeals may determine.Such Chairperson or, in his or her absence, the ActingChairperson may administer oaths and compel theattendance of witnesses.

6J. Alternate members.

(1) The Village Board of Trustees may, by local law oras a part of the local law creating the Board ofAppeals, establish alternate Board of Appealsmember positions for purposes of substituting for amember in the event that such member is unable top a r t i c i pate b e c a u s e o f a c o n fl i c t o f i n t e r e s t .Alternate members of the Board of Appeals shall beappointed by the Village Board of Trustees, forterms established by the Village Board of Trustees.

(2) The Chairperson of the Board of Appeals maydesignate an alternate member to substitute for amember when such member is unable to participatebecause of a conflict of interest on an application ormatter before the Board of Appeals. When sodesignated, the alternate member shall possess all

________________________________

6 Editor’s Note: See Ch. 14, Planning and Zoning Boards, Art. I, Alternate Members.

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§ 120-56 ZONING § 120-56

the powers and responsibilities of such member ofthe Board of Appeals. Such designation shall beentered into the minutes of the initial Board ofAppeals meeting at which the substitution is made.

(3) All provisions of this section relating to Board ofAppeals member training and continuing education,a t t e n d a n c e , c o n fl i c t o f i n t e r e s t , c o m p e n s a t i o n ,eligibility, vacancy in office, removal and service onother boards shall also apply to alternate members.

K . Board of Appeals procedure.

(1) Meetings, minutes, records. Meetings of such Boardof Appeals shall be open to the public to the extentprovided in Article 7 of the Public Officers Law.Such Board of Appeals shall keep minutes of itsproceedings, showing the vote of each member uponevery question or, if absent or failing to vote,indicating such fact, and shall also keep records ofits examinations and other official actions.

(2) Filing requirements. Every rule, regulation, everyamendment or repeal thereof, and every order,requirement, decision or determination of the Boardof Appeals shall be filed in the office of the VillageClerk within five business days and shall be a publicrecord.

(3) Assistance to Board of Appeals. Such Board ofAppeals shall have the authority to call upon anydepartment, agency or employee of the Village forsuch assistance as shall be deemed necessary and asshall be authorized by the Village Board of Trustees.Such department, agency or employee may bereimbursed for any expenses incurred as a result ofsuch assistance.

(4) Hearing appeals. Unless otherwise provided by locallaw, the jurisdiction of the Board of Appeals shall beappellate only and shall be limited to hearing anddeciding appeals from and reviewing any order,

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r e q u i r e m e n t , d e c i s i o n , i n t e r p r e t a t i o n o rdetermination made by the administrative officialcharged with the enforcement of any local lawadopted pursuant to this chapter. The concurringvote of a majority of the members of the Board ofAppeals shall be necessary to reverse any order,requirement, decision or determination of any suchadministrative official or to grant a use variance orarea variance. Such appeal may be taken by anyperson aggrieved, or by an officer, department,board or bureau of the Village.

(5) Time of appeal. Such appeal shall be taken within60 days after the filing in the Village Clerk’s office ofany order, requirement, decision, interpretation ordetermination of the administrative official chargedwith the enforcement of such local law by filing withsuch administrative official and with the Board ofAppeals a notice of appeal, specifying the groundsthereof and the relief sought. The administrativeofficial from whom the appeal is taken shallforthwith transmit to the Board of Appeals all thepapers constituting the record upon which theaction appealed from was taken.

(6) Filing of decision; notice prior to hearing; SEQRAcompliance.

(a) The decision of the Board of Appeals on theappeal shall be filed in the office of the VillageClerk within five business days after the daysuch decision is rendered, and a copy thereofmailed to the applicant.

(b) At least five days before such hearing, theBoard of Appeals shall mail notices thereof tot h e p a r t i e s , t o t h e r e g i o n a l S t a t e P r kaCommission having jurisdiction over any statepark or parkway within 500 feet of the propertyaffected by such appeal, and to the CountyPlanning Board or agency or the regional

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§ 120-56 ZONING § 120-56

planning council as required by § 239-m of theGeneral Municipal Law, which notice shall beaccompanied by a full statement of suchproposed action, as defined in Subdivision 1 of§ 239-m of the General Municipal Law.

(c) The Board of Appeals shall comply with theprovisions of the State Environmental QualityReview Act under Article 8 of the Environmen-tal Conservation Law and its implementingregulations as codified in Title 6, P rt 617, ofathe New Y rk Codes, Rules and Regulations.o

§ 120-57. Planning Board.

A. Creation and appointment.

(1) Authorization. The Village Board of Trustees isauthorized to create a Planning Board consisting offi v e o r s e v e n m e m b e r s . M e m b e r s a n d t h eChairperson of such Planning Board shall beappointed by the Village Board of Trustees. In theabsence of a Chairperson, the Planning Board maydesignate a member to serve as Chairperson. TheVillage Board of Trustees may, as part of the locallaw creating said Planning Board, provide for thecompensation of Planning Board members. Inmaking such appointments, the Village Board ofTrustees may require Planning Board members tocomplete training and continuing education coursesin accordance with any local requirements for thetraining of such members.

(2) Appropriation for expenses. The Village Board ofTrustees is hereby authorized and empowered tomake such appropriation as it may see fit forPlanning Board expenses. The Planning Board shallhave the power and authority to employ experts,clerks and a secretary and to pay for their services,and to provide for such other expenses as may be

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n e c e s s a r y a n d p r o p e r , n o t e x c e e d i n g t h eappropriation that may be made therefor by theVillage Board of Trustees for such Planning Board.

(3) Village Board of Trustees ineligible. No person whois a member of the Village Board of Trustees shallbe eligible for membership on such Planning Board.

(4) T rms of members first appointed. The terms ofemembers of the Planning Board first appointed shallbe so fixed that the term of one member shall expireat the end of the Village official year in which suchmembers were initially appointed. The terms of theremaining members first appointed shall be so fixedthat one term shall expire at the end of each officialyear thereafter. At the expiration of the term of eachmember first appointed, his or her successor shall beappointed for a term which shall be equal in years tothe number of members of the Planning Board.

(5) T rms of members now in office. Members noweholding office for terms which do not expire at theend of the Village official year shall, upon theexpiration of their term, hold office until the end ofthe Village official year, and their successors shallthen be appointed for terms which shall be equal tofive years.

(6) Increasing membership. The Village Board ofTrustees may, by local law, increase a five-memberPlanning Board to seven members. If two newmembers are appointed in the same year, the firstshall be appointed to a four-year term, and thesecond to a five-year term. No such additionalmember shall take part in the consideration of anymatter for which an application was on file with thePlanning Board at the time of his or herappointment.

(7) D e c r e a s i n g m e m b e r s h i p . A V i l l a g e B o a r d o fTrustees which has seven members on the PlanningBoard may, by local law, decrease the membership

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§ 120-57 ZONING § 120-57

to five, to take effect upon the next two expirationsof terms. However, no incumbent shall be removedfrom office except upon the expiration of his or herterm, except as hereinafter provided.

(8) V cancy in office. If a vacancy shall occur otherwiseathan by expiration of term, the Village Board ofTrustees shall appoint the new member for theunexpired term.

(9) Removal of members. The Village Board of Trusteesshall have the power to remove, after public hearing,any member of the Planning Board for cause. AnyPlanning Board member may be removed forn o n c o m p l i a n c e w i t h m i n i m u m r e q u i r e m e n t srelating to meeting attendance and training asestablished by the Village Board of Trustees by locallaw.

B. Chairperson duties. All meetings of the Planning Boardshall be held at the call of the Chairperson and at suchother times as such Planning Board may determine.Such Chairperson, or in his or her absence, the ActingChairperson, may administer oaths and compel theattendance of witnesses.

C. Appointment of agricultural member. Notwithstandingany provisions of this chapter or any general, special orlocal law, the Village Board of Trustees may, if anagricultural district created pursuant to § 303 of Article25-AA of the Agriculture and Markets Law exists whollyor partly within the boundaries of such Village, includeon the Planning Board one or more members each ofwhom derives an annual gross income of $10,000 or morefrom agricultural pursuits in said Village. As used in thissubdivision, the term “agricultural pursuits” means theproduction of crops, livestock and livestock products,agricultural products, and woodland products as definedin § 301 of the Agriculture and Markets Law.

D. Service on other planning boards. No person shall bedisqualified from serving as a member of the Village

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Planning Board by reason of serving as a member of thetown or county planning agency.

E. Rules and regulations. The Planning Board mayrecommend to the Village Board of Trustees regulationsrelating to any subject matter over which the PlanningBoard has jurisdiction under this chapter or any otherstatute, or under any local law of the Village. Adoption ofany such recommendations by the Village Board ofTrustees shall be by local law.

F. Report on referred matters; general reports.

(1) The Village Board of Trustees may seek input fromthe Planning Board where its input would help theTrustees make a more informed decision. TheVillage Board of Trustees may by resolution providefor the reference of any matter or class of matters,other than those referred to in subdivision ten ofthis section, to the Planning Board before finalaction is taken thereon by the Village Board ofTrustees or other office or officer of said Villagehaving final authority over said matter. The VillageBoard of Trustees may further stipulate that finalaction thereon shall not be taken until the PlanningBoard has submitted its report thereon, or has had areasonable time, to be fixed by the Village Board ofTrustees in said resolution, to submit the report.

(2) The Planning Board may review and make recom-mendations on a proposed Village comprehensiveplan or amendment thereto. In addition, thePlanning Board shall have the full power andauthority to make investigations, maps, reports andrecommendations in connection therewith relatingto the planning and development of the Village as its e e m s d e s i r a b l e , p r o v i d e d t h a t t h e t o t a lexpenditures of said Planning Board shall notexceed the appropriation provided therefor.

G. Planning Commission. When a Planning Commission iscreated under Article 12-A of the General Municipal

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§ 120-57 ZONING § 120-57

L a w , t h e V i l l a g e B o ard of Trustee s , i n s t e a d o fauthorizing the appointment of a Planning Board underthis chapter, may provide that the existing Commissionshall continue, the members thereof thereafter to beappointed in accordance with the provisions of suchArticle 12-A, and to have the powers and duties asspecified for a Planning Board appointed under thischapter; provided, however, that in the Village § 238 ofthe General Municipal Law shall not be in force.

7H. Alternate members.

(1) The Village Board of Trustees may, by local law oras a part of the local law creating the PlanningBoard, establish alternate Planning Board memberpositions for purposes of substituting for a memberin the event that such member is unable top a r t i c i pate b e c a u s e o f a c o n fl i c t o f i n t e r e s t .Alternate members of the Planning Board shall beappointed by the Village Board of Trustees, subjectto the approval of the Village Board of Trustees, forterms established by the Village Board of Trustees.

(2) The Chairperson of the Planning Board maydesignate an alternate member to substitute for amember when such member is unable to participatebecause of a conflict of interest on an application ormatter before the Planning Board. When sodesignated, the alternate member shall possess allthe powers and responsibilities of such member ofthe Planning Board. Such designation shall beentered into the minutes of the initial PlanningBoard meeting at which the substitution is made.

(3) All provisions of this section relating to PlanningBoard member training and continuing education,a t t e n d a n c e , c o n fl i c t o f i n t e r e s t , c o m p e n s a t i o n ,eligibility, vacancy in office, removal and service on

________________________________

7 Editor’s Note: See Ch. 14, Planning and Zoning Boards, Art. I, Alternate Members.

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other Planning Boards shall also apply to alternatemembers.

ARTICLE XIEnforcement

§ 120-58. Building and zoning permits.

A. Application for building and zoning permits shall bemade to the Zoning Enforcement Officer, in accordancewith § 120-58D below.

B. It shall be unlawful to commence excavation, demolitionor the construction of any building or structure,including accessory buildings, or to commence themoving or alteration of any building or structure,including accessory buildings and signs, or to change ause until the Zoning Enforcement Officer or BuildingInspector has issued building and zoning permits forsuch work.

C. Application forms for building and zoning permits shallbe obtained and filed in the office of the Village Clerk.

D. P rmit application. In applying for building and zoningepermits, the applicant shall submit an “Application forBuilding or Zoning” completed with the appropriate spec-ifications and a dimensioned plan, to scale, indicatingthe shape, size, height and location in exact relation toall property lines and to street or road lines of allbuildings or structures to be erected, altered or movedand of any building or structure already on the lot. TheBuilding Inspector or Zoning Enforcement Officer shallhave the authority to require that this plan beaccompanied by a written statement from a qualifiedengineer or other satisfactory evidence, to the effect thatthe line of the bounding street or road has beenaccurately located and staked on the ground. Theapplicant shall also state the existing or intendedoccupancy and use of all such buildings and land and

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§ 120-58 ZONING § 120-58

supply other information as may be required to ensurethat the provisions of this chapter are being observed.

E. P rmit display. The building permit, when signed andeissued by the Zoning Enforcement Officer or the BuildingInspector, shall be posted conspicuously on the lot facingthe street or road where the permit authorizes the workto be done. Said building permit shall remain posteduntil all such construction for which the permit wasissued has been completed.

F. P rmit refusal. If a building or zoning permit is refused,ethe Zoning Enforcement Officer or Building Inspectorshall state such refusal in writing, with the cause, andshall immediately mail notice of such refusal to theapplicant at the address indicated on the application.

G. P rmit effect. The issuance of a permit shall in no caseebe construed as waiving any provisions of this chapter.No building permit shall be issued except in compliancewith the provisions of this chapter and any amendmentthereto, or as directed by either the Planning Board orthe Board of Appeals.

H. P rmit term.e

(1) A building permit for a conforming use shall expirein six months from the date of issuance, unlesssubstantial progress has been made since that date.If other government approvals are needed, thebuilding permit shall be treated as if issued on thedate the final approval is received. The building andzoning permit may be renewed for one six-monthperiod, if the particular situation warrants such anextension, without the payment of an additional fee.Construction shall be initiated within six months ofthe date of extension of the permit. F ilure to do soashall nullify the permit.

(2) All building and zoning permits issued prior to thedate of enactment of this chapter shall become voidsix months after the date of enactment of this

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chapter unless substantial progress has been madeon the project.

§ 120-59. Certificates of occupancy.

A. A certificate of occupancy is required for any of thefollowing:

(1) Occupation and use of a building hereafter erected,altered, moved or extended.

(2) Change in the use of an existing building or portionthereof.

(3) Occupancy and use of vacant land, except foragricultural use.

(4) Change in the use of land, except for agriculturaluse.

B. No certificate shall be issued unless the work has beensubstantially completed in accordance with the plansand specifications.

C. Issuance. Within 10 days, Saturdays, Sundays and legalholidays excepted, after written notification that abuilding or structure or lot or part thereof is ready foroccupancy or use, it shall be the duty of the BuildingInspector to make a final inspection and issue acertificate of occupancy if the land, building, structure orpart thereof is found to conform with the provisions ofthis chapter. F ilure to make such inspection andadetermination within the specified period of time shallnot be deemed to be an approval or a disapproval of theapplication for certificate of occupancy.

D. Refusal. If the Building Inspector, after such finalinspection, refuses to issue a certificate of occupancy, heor she shall state such refusal in writing, with the cause,and immediately thereupon mail notice of such refusal tothe applicant at the address indicated on the writtennotification.

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§ 120-59 ZONING § 120-60

§ 120-60. Fees.

A. Fee schedule. Applicants under this chapter shall paythe applicable fee in accordance with the fee scheduleestablished and annually reviewed by the Village Boardof Trustees.

B. Escrow deposits. In connection with any application forsite plan approval, special permit applications orvariances, the reviewing board may require the applicantto pay in advance into an escrow fund established tocover the reasonable and necessary cost of reviewingsuch application. Such cost may include consultant feescovering planning, engineering, environmental analysis,legal review and other technical services required for ap r o p e r a n d t h o r o u g h p r o f e s s i o n a l r e v i e w o f t h eapplication. The Chairperson of the reviewing boardshall review any statements reviewed for such costs andcertify that the work was requested, the statement fairlyand fully sets out the work performed and the work wasreasonable and necessary to review the application.

§ 120-61. P nalties for offenses.e

A. Violations. Any person or corporation, whether as owneror lessee, agent or employee, who shall violate any of theprovisions of this chapter or who fails to comply with anyorder or regulation made hereunder, or who erects,alters, moves or uses any building or uses any land inviolation of any detailed statement of plans submitted byhim and approved under the provisions of this chapter,shall be guilty of a violation. Each week’s continuedviolation shall constitute a separate additional violation.The Zoning Enforcement Officer shall have the authorityto issue a citation to property owners who are inviolation of this chapter.

B. Fines and imprisonment. A violation of this chapter ishereby declared to be an offense, punishable by a fine notexceeding $350 or imprisonment for a period not to

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exceed six months, or both, for conviction of a firstoffense; for conviction of a second offense both of whichwere committed within a period of five years, punishableby a fine not less than $350 nor more than $700 orimprisonment for a period not to exceed six months, orboth; and, upon conviction for a third or subsequentoffense all of which were committed within a period offive years, punishable by a fine not less than $700 normore than $1,000 or imprisonment for a period not toexceed six months, or both.

C. Courts.

(1) F r the purpose of conferring jurisdiction uponocourts and judicial officers generally, violations ofthis chapter shall be deemed misdemeanors, and forsuch purpose only all provisions of law relating tomisdemeanors shall apply to such violations.

(2) A person or corporation who in violation of thischapter constructs a structure which is in violationof the terms of this chapter or uses the lot inviolation of this chapter shall be presumed to haveknowledge of those sections of the chapter which areviolated. Said person or corporation shall have nobenefit whatsoever by already having completedconstruction or engaged in use of the lot in violationof this chapter at such time as such construction oru s e i s s u b s e q u e n t l y b e i n g c o n s i d e r e d a n d / o rdetermined by the Planning Board, Board ofAppeals or any enforcement and/or administrativeofficials of the Village of Rhinebeck.

D. Restraint and reparation. In case any building orstructure is erected, constructed, reconstructed, altered,dismantled, converted or maintained, or any building,structure or land is used, or any land is divided into lots,blocks or sites in violation of this chapter or of anyordinance or other regulation made under authorityconferred thereby, the proper local authorities of theVillage, in addition to other remedies, may institute any

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§ 120-61 ZONING § 120-61

appropriate action or proceedings to prevent suchu n l a w f u l e r e c t i o n , c o n s t r u c t i o n , r e c o n s t r u c t i o n ,alteration, conversion, maintenance, use or division ofland, to restrain, correct or abate such violation, toprevent the occupancy of said building, structure or landor to prevent any illegal act, conduct, business or use inor about such lot.

E. Citizen suit provision. Upon the written refusal of theproper local officer, board or body of the Village toinstitute any such appropriate action or proceeding afterwritten request by a resident or taxpayer of the Villageto proceed, any three residents of or taxpayers to theVillage owning or residing in the district wherein suchviolation exists, who are jointly or severally aggrieved bysuch violation, may institute such appropriate action orproceeding in like manner as such local officer, board orbody of the Village is authorized to do.

ARTICLE XIIW rd Usage and Definitionso

§ 120-62. W rd usage.o

Except where specifically defined herein, all words used inthis chapter shall carry their customary meanings. W rds usedoin the present tense include the future tense; words in thesingular number include the plural, and the plural the singular.The word “lot” includes the word “plot.” The word “shall” isintended to be mandatory. The word “building” includes theword “structure.” The word “occupied” or the word “used” shallbe considered as though followed by “or intended, arranged ordesigned to be used or occupied.” The word “person” includesindividual, partnership, association, corporation, company ororganization. Doubt as to the precise meaning of any word usedin this chapter shall be clarified by the Board of Appeals underits power of interpretation by appeal.

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§ 120-63. Definitions.

As used in this chapter, the following terms shall have themeanings indicated:

A C C E S S O R Y U S E — A u s e s u b o r d i n a t e o rsupplemental to a main use on the same lot.

ACH RESIDENT — A person who is unable to liveindependently and is housed in a facility designed andapproved for his or her specific needs.

AGRICULTURAL USE — The raising for profit/gain offruits, grains, vegetables and the like and structuresincident thereto on a farm or other parcel, but noti n c l u d i n g t h e r a i s i n g o r k e e p i n g o f a n i m a l s .“Agriculture,” as defined in this chapter, does not includeall of the uses defined as agricultural uses in New Y rk’soAgriculture and Markets Law.

ALLEY — A service-way which affords generally asecondary public means of vehicular access to abuttingproperty.

ALTERA ION — Any change to a structure which is notTmerely a repair or replacement of an existing part, orany change which would:

A. Enlarge or diminish the habitable area of thestructure or any part thereof.

B. Change the number of dwelling units contained inany structure.

C. Cause a change in the location of height of theexterior walls or roof of the structure.

D. Move the structure from one position to another.

E. Change any exit or entry facilities.

F. Change or rearrange the structural parts, includingbearing walls, beams, girders and columns.

G. Change a use.

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§ 120-63 ZONING § 120-63

ALTERNA E-CARE HOUSING (ACH) — A facilityTdesigned for those persons who are unable to liveindependently at a particular time. The following is a listof the specific types of alternate care housing:

A. C O M M U N I T Y R E S I D E N C E — A d w e l l i n gp r o v i d i n g r o o m a n d b o a r d , r e c r e a t i o n a n drehabilitative services for the mentally disturbedunder supervision.

B. HALFW Y HOUSE — A community residenceAproviding twenty-four-hour, on-site supervisory stafffor short-term residents.

C. S U P E R V I S E D - L I V I N G F C I L I T Y ( G R O U PAH O M E ) — A c o m m u n i t y r e s i d e n c e p r o v i d i n gtwenty-four-hour, on-site supervisory staff for long-term residents.

D. SUPPORTIVE-LIVING F CILITY — A communityAresidence providing supervision for residents.

E. F MIL -CARE HOME — A dwelling providingA Y room, board and supervision for patients who are

m a i n t a i n e d o n i n - p a t i e n t s t a t u s b y a s t a t epsychiatric facility.

F. PRIV TE PROPRIET RY HOME FOR ADULTS —A AA dwelling providing room, board, recreation andresponsible supervision for persons who cannotfunction without personal assistance in their dailyliving.

G. PROPRIET RY RESIDENCE FOR ADULTS — AAdwelling providing room, board, recreation andhousekeeping service for persons requiring suchservices.

AMUSEMENT F CILITY — Indoor facilities open to theApublic, such as a theater, cinema or video arcade, andbowling.

ANTENNA — The actual device which transmits and/orreceives radio frequency signal electromagnetic waves.

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ANTENNA SUPPORT STRUCTURE — Any building orstructure other than a tower which can be used forlocation of telecommunications facilities.

A P R T M E N T — A s i n g l e d w e l l i n g u n i t t h a t i sAsubordinate to a permitted use, located above the groundfloor, subject to the floor area requirements of § 120-22 or120-37A, and with the approval of the Dutchess CountyDepartment of Health and the Village of Rhinebeck FireInspector.

APPLICANT — The person applying for any permit,certificate of occupancy, variance or any other process orremedy under this chapter, who must be the propertyowner. While the owner may authorize someone else torepresent him or her before the Planning Board, ZoningBoard of Appeals or Zoning Enforcement Officer, theapplication must be signed by the owner before it can beconsidered valid.

APPLICA ION — The process by which the owner of aTlot within the Village submits a request to develop,construct, build, modify or erect a tower or develop,c o n s t r u c t , b u i l d , m o d i f y o r e r e c t a n y s t r u c t u r e .“Application” includes all written documentation, verbalstatements and representations, in whatever form orforum, made by an applicant to the Village concerningsuch a request.

AREA V RIANCE — The authorization by the Board ofAAppeals for the use of land in a manner which is notallowed by the dimensional or physical requirements ofthe applicable zoning regulations.

AUTO SERVICE ST TION — A building or lot used forAthe repair, sale and/or servicing of motor vehicles andany area of land, including structures thereon, that isused or designed to be used for the sale of gasoline or oilor other motor vehicle fuel.

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§ 120-63 ZONING § 120-63

BAR — An establishment licensed under the laws ofNew Y rk State for the sale of alcoholic beverages andotheir consumption on the lot.

B E D - A N D - B R E A K F S T E S T A B L I S H M E N T — AAdwelling having a resident host in a private single-familyhome in which at least three and not more than fiverooms are provided for overnight accommodation, therates for which include breakfast and lodging only, andin which no public restaurant is maintained and no othercommercial services are offered. The bed-and-breakfastestablishment shall not have more than 10 occupants aslodgers.

BED-AND-BREAKF ST HOME — A dwelling having aAresident host in the primary dwelling of a private single-family or two-family home in which at least one and notmore than two rooms are provided for overnightaccommodation, the rates for which include breakfastand lodging only, and in which no public restaurant ismaintained. The bed-and-breakfast home shall not havemore than four occupants as lodgers.

B E S T M A N A G E M E N T P R A C T I C E S ( B M P s ) — Apractice, or a combination of practices, that aredetermined to be effective, practical means of preventingor reducing the amount of pollution generated by non-point sources to a level compatible with water qualitygoals. Guidance on current BMPs can be obtained fromthe New Y rk State Department of EnvironmentaloConservation and the U.S. Army Corps of Engineers.Examples of BMPs include but are not limited to soilm a n a g e m e n t , v e g e t a t i o n c o n t r o l , s e d i m e n t / e r o s i o ncontrol and buffer zones.

BUILDING — Any roofed structure intended for theshelter, housing or enclosure of persons, animals orchattels.

BUILDING HEIGHT — The vertical distance measuredfrom the average elevation of the finished or proposedfinished grade across the street frontage of the building

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to the highest point of a flat roof or to the mean heightbetween the eaves and the ridge of a gable, hip orgambrel roof.

BUILDING PERMIT — Official authorization issued bythe Zoning Enforcement Officer before any building maybe erected, moved, altered, rebuilt or enlarged, or anyland or building may be used to begin construction.

CELLULAR ACCESSORY STRUCTURE — Accessoryb u i l d i n g s a n d s t r u c t u r e s , i n c l u d i n g b a s e s t a t i o n sdesigned and used to shelter equipment and/or tosupport personal wireless services. The term “accessorystructure” does not include offices; long-term storage ofvehicles or other equipment storage, or broadcaststudios. An accessory structure serves the principal use,is subordinate in area, extent and purpose to theprincipal use and is located on the same lot as theprincipal use. An example of such facilities would includebut not be limited to transmission equipment andstorage sheds.

CEMETERY — Land used or intended to be used for theburial of the dead and dedicated for cemetery purposes,including columbaria, mausoleums and mortuaries whenoperated in conjunction with and within the boundariesof such cemetery.

CHANGE OF USE — Includes changes from one usegroup to another as well as any change within such landuse groups and changes to any other use within the sameuse group, e.g., in the “Professional Office” group, achange from a real estate office to an insurance office is achange of use and from a law office to an engineer’s officeis a change of use, and in the “Retail Business” group, achange from a drugstore to a grocery is a change of useand a change from a clothing store to a stationery storeis a change of use.

C O L L O C A E D A N T E N N A — T l e c o m m u n i c a t i o n sT efacilities which utilize existing towers, buildings or other

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§ 120-63 ZONING § 120-63

structures for placement of antennas and do not requireconstruction of a new communications tower.

CONSTRUCTION TRADE SHOP — A service businessfor use by the practitioner of a building trade, such as acarpenter, welder, plumber, electrician, builder, masonor similar occupation.

CRAFT W RKSHOP — A place where artists, artisans,Ocraftsman and other skilled tradespeople producecustom-made art or craft products, including but notlimited to baskets, cabinets, ceramics, clothing, flowera r r a n g e m e n t s , j e w e l r y , m e t a l w o r k , m u s i c a linstruments, paintings, pottery, sculpture, toys andweaving.

DA -CARE CENTER — A facility which is not aYdwelling unit in which care is provided on a regular basisto three or more people for more than three hours perday per person as defined in NYCRR § 418.

DA CARE, F MIL — A dwelling unit which is aY A Y personal residence and occupied as a family residence

which provides day care on a regular basis for more thanthree hours a day to three to six people, as defined inNYCRR § 417.

DA CARE, F MIL GROUP — A dwelling unit whichY A Y is a personal residence and occupied as a family

residence which provides day care to seven to 12 people,as defined in NYCRR § 416.

DEMOLITION — The razing of any existing building,including substantial removal of structural buildingcomponents so at to cause an effective removal of anexisting building. Demolition does not include partialremoval of structural elements to facilitate restoration.

DENSITY — The total number of dwelling units dividedby the total number of acres within the lot.

DEVELOP BLE AREA — See “lot” definition.A

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D R I V E - T H R O U G H F O O D E S T A B L I S H M E N T — Aretail business establishment that offers quick foodservice, which is accomplished utilizing a drive-throughwindow where orders are placed and/or received from acustomer’s vehicle.

DRIVEW Y — A private way for vehicular traffic whichAaffords the principal means of vehicular access to theproperty, which complies with the regulations of theVillage of Rhinebeck, County of Dutchess or State ofNew Y rk.o

DWELLING, MULTIPLE-F MIL — A structure, orA Y group of structures, containing three or more dwelling

units physically connected by a common wall and/or roof.T h i s i n c l u d e s c o n d o m i n i u m s , t o w n h o u s e s a n dc o o p e r a t i v e s , e x c l u d i n g a p a r t m e n t s l o c a t e d o v e rcommercial uses in the Village Center and GatewayBusiness Districts.

DWELLING, SINGLE-F MIL — A detached structure,A Y other than a mobile home or other temporary structure,

containing one dwelling unit.

DWELLING, TW -F MIL — A detached structure,O A Y other than a mobile home or other temporary structure,

containing two dwelling units.

D W E L L I N G U N I T — O n e o r m o r e r o o m s w i t hprovisions for complete living, including sanitary andsleeping facilities for year-round use by one family. Theminimum floor area for such a dwelling unit shall be 500square feet.

DWELLING UNIT, ACCESSORY — A second dwellingunit either in or added to an existing single-familydetached dwelling, or in a separate structure, on thesame lot as the primary dwelling. The minimum floorarea for such a dwelling unit shall be 300 square feet.

EDUCA IONAL USE — Use of land, buildings andTstructures for providing learning in a general range ofsubjects, including related support and accessory uses,

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§ 120-63 ZONING § 120-63

a s s o c i a t e d w i t h t h e e d u c a t i o n a l p u r p o s e o f t h einstitution, on land owned or leased by the state or anyof its agencies, subdivisions or bodies politic, or by anonprofit educational entity, including day-care center.

ENGINEER — Any engineer licensed by the State ofNew Y rk.o

ESTIMA ED CONSTRUCTION COSTS (ECC) — TheTaverage rate per square foot of new building costs asdetermined by the Zoning Enforcement Officer. This costwill be determined yearly and submitted to the VillageBoard of Trustees.

EXCA A ION — The removal of earth products from aV Tlot, including but not limited to sand, gravel, soil, loamand mineral products, including mining as defined byNew Y rk State law. The removal of earth productsowhich is incidental to and in connection with thenecessary excavation and grading of a site for a buildingor structure and its appurtenant driveways or parkingfacilities for which a permit has been granted by theZoning Enforcement Officer, or the construction of astreet approved under the Subdivision Regulations, shallnot be considered as earth removal for the purposes ofthis provision.

F MIL — One or more persons occupying a premisesA Y and living as a single nonprofit housekeeping unit.

F RM — Any lot containing at least 10 acres which isAused for agriculture.

FENCES AND W LLS — An artificially constructedAbarrier of any material or combination of materialserected to enclose or screen areas of land.

FLOODPLAIN — Any area adjacent to a water bodywhich is subject to inundation from high water and/orwave action and at a minimum that area subject to aone-percent-or-greater chance of flooding in any givenyear. All areas designated as special flood hazard zonesby the Federal Insurance Administration’s Official Map

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for the Village shall be considered as floodplain areas.Further determination of the extent or existence offloodplains shall be based on the best availableinformation, including but not limited to Flood Damage

8Prevention, Village of Rhinebeck Local Law 2-1991, theUnited States Army Corps of Engineers floodplainstudies, the United States Department of AgricultureSoil Conservation Service studies, soils, vegetation,hydrologic and geologic data.

FLOOR AREA — The sum of the gross area of theseveral floors, including any full story height below gradeand accessory buildings on the same lot and includingthe area of roofed porches and roofed terraces.

FUNERAL HOME — A building or part thereof used forhuman funeral services. Such building may containspace and facilities for embalming and the performanceof other services used in preparation of the dead forburial; the performance of autopsies and other surgicalprocedures; the storage of caskets, funeral urns andother related funeral supplies; or the storage of funeralvehicles, but shall not include facilities for cremation.Where a funeral home is permitted, a funeral chapelshall also be permitted.

GROSS LEASABLE AREA — A number, in square feet,representing the entire area occupied by a building,including common areas, storage, mechanical areas andspace occupied by interior structures and partitions.

GUYED TOWER — A communications tower consistingof a single pole constructed with guy wires and groundanchors.

HABIT BLE AREA — Area in a structure for living,Asleeping, eating or cooking. Maintenance or utility space,parking garages and similar areas are not consideredhabitable space.

________________________________

8 Editor’s Note: See Ch. 59, Flood Damage Prevention.

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§ 120-63 ZONING § 120-63

HOME OCCUP TION — An occupation or professionAcarried on within a dwelling unit or an accessorystructure that meets dwelling unit setbacks, principallyby a resident of the lot, and which is clearly incidental tothe use of the dwelling unit for residential purposes anddoes not change the character thereof. In order to beclassified as a “home occupation,” the use in questionmust have an impact beyond what a typical residentialuse would have, on at least one of the following: noise,traffic, pollution, signs and parking.

H O S P I T L — A f a c i l i t y o r i n s t i t u t i o n e n g a g e dAprincipally in providing services by or under thesupervision of a physician or for the prevention,diagnosis or treatment of human disease, pain, injury,deformity or physical condition, including a generalhospital, but excluding professional medical offices. Theterm “hospital ” s h a l l n o t i n c l u d e a n i n s t i t u t i o n,sanitarium or other facility engaged principally inproviding services for the prevention, diagnosis ortreatment of mental disability and which is subject tothe powers of visitation, examination, inspection andinvestigation of the Department of Mental Hygiene,except for those distinct parts of such a facility whichprovide hospital service.

KENNEL — An establishment licensed to operate afacility housing dogs, cats or other household pets and/orwhere grooming, breeding, boarding, training or sellingof animals is conducted as a business. Note that this useis not permitted in any zoning district.

LIBRARY — A building containing printed and pictorialmaterial for public use for purposes of study andreference.

LODGE or CLUB — A facility, excluding overnightlodging facilities and public restaurant facilities, used bya noncommercial, not-for-profit organization (as definedby the Internal Revenue Service) which is characterizedby formal written membership requirements.

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LODGING F CILITY — Any hotel, motel or innAproviding sleeping accommodations for transient guests,with or without a dining room or restaurant (excludingboth bed-and-breakfast homes and bed-and-breakfast es-tablishments).

LOT — A parcel of land considered as a unit, occupied orcapable of being occupied by one building, with orwithout accessory buildings or uses, or by a group ofbuildings united by a common use or interest, andincluding such open spaces, including parking andloading, as are required by this chapter, and having itsprincipal frontage upon a street.

LOT AREA — The total horizontal area included withinlot lines, except that no part of the area within a publicright-of-way may be included in the computation of lotarea.

LOT, CORNER — A lot abutting upon two or morestreets at their intersection, and having an interior angleat the corner of intersection of less than 135°.

LOT COVERAGE AREA — The total ground area orfootprint of all structures, expressed as a percentage ofthe lot area, exclusive of uncovered porches, parapets,steps and terraces.

LOT FRONT GE — That portion of the lot abutting theAstreet line. In the case of a lot that abuts more than onestreet, the owner may designate either street line as thelot frontage.

L O T W I D T H — T h e a v e r a g e h o r i z o n t a l d i s t a n c ebetween the side lot lines.

MEDICAL OFFICE — A medical office is a place wheremedical care is provided to persons on an out-patientbasis by one or more members of the medical profession,dentists, chiropractors, osteopaths, therapists, or otherlicensed professionals. Medical offices, together withresidential uses, are specially permitted in the MedicalOffice District. [Added 4-4-2006 by L.L. No. 1-2006]

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§ 120-63 ZONING § 120-63

MOBILE HOME — A movable or portable unit,including but not limited to a trailer designed andconstructed to be towed on its own chassis and connectedto utilities. A unit may contain parts that may be folded,collapsed or telescoped when being towed and expandedlater to provide additional cubic capacity, as well as twoor more separately towable components designed to bejoined into one integral unit capable of being againseparated into the components for repeated towing.“Mobile home” shall mean units designed to be usedexclusively for residential purposes, excluding traveltrailers. Note that this use is not permitted in anyzoning district.

MONOPOLE — A communications tower consisting of asingle pole constructed without guy wires and groundanchors.

M U N I C I P L U S E — U s e o f l a n d , b u i l d i n g a n dAstructures by the T wn of Rhinebeck, Village ofoRhinebeck and other governmental bodies.

NONCONFORMING LOT — A lot of record which doesnot comply with the area, shape, frontage or locationalprovisions of this chapter for the district in which it islocated.

N O N C O N F O R M I N G S T R U C T U R E — A s t r u c t u r e ,i n c l u d i n g b u i l d i n g s , w h i c h d o e s n o t s a t i s f y t h edimensional requirements of this chapter for the districtin which it is located, but which was not in violation ofapplicable requirements when constructed.

NONCONFORMING USE — Any use lawfully existingprior to and at the time of the adoption or amendment ofthis chapter or any preceding zoning law or ordinance,which use is not permitted by or does not conform withthe permitted use provisions of this chapter for thedistrict in which it is located.

NURSING HOME — An extended- or intermediate-carefacility licensed by the New Y rk State Department ofo

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Health to provide full-time convalescent or chronic careof persons with, or recuperating from, illness orincapacity, where nursing services are furnished, or forthe accommodation and care of persons of advanced age.

ONE-HUNDRED-PERCENT-CLEAR ZONE — The areawhere, in the event of a tower failure, the entire heightof the tower would fall completely within the boundariesof the property in which it is located.

OWNER — The holder of legal title as well as holders ofany equitable interest, such as trust beneficiaries,contract purchasers, option holders, and lessees underleases having an unexpired term of at least 10 years.

OWNER-OCCUP NCY — T reside in a dwelling unit asA o owner on a permanent basis. Where owner-occupancy is

required, the lot must be the person’s legal home, wherethe person is domiciled.

P RKING LOT — An area not within a building whereAmotor vehicles may be stored for the purposes oftemporary, daily or overnight off- street parking.

P R K I N G R E P L A C E M E N T C O S T — The parkingAreplacement cost shall be based on the actual cost ofproviding a given number of parking spaces at or nearthe use in question. Such cost shall be based on thepurchase, improvement and maintenance of suitableproperty.

PERSON — Any natural person, firm, corporation,partnership, association, company or other legal entity,private or public, whether for profit or not for profit.

PERSONAL WI R E L E S S S E R V I C E S — Commercialmobile services, unlicensed wireless services, andcommon carrier wireless exchange access services asdefined by Section 704 the Federal T lecommunicationseAct.

P L A N N E D R E S I D E N T I A L D E V E L O P M E N T — Asubdivision that encompasses an area of 10 or more

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§ 120-63 ZONING § 120-63

acres, or three or more lots located anywhere in theresidential zone.

PLA GROUND — An area of open space equipped withYchildren’s equipment, such as slides, swings or playfacilities.

P R O F E S S I O N A L O F F I C E — I n c l u d e s a t t o r n e y s ,planners and those professions licensed by the New Y rkoState Education Department, with the exception ofpharmacists and pharmacy establishments.

PROP GA ION STUDY — A study which demonstratesA T the existing signal coverage and the signal coverage

resulting from the proposed communications facility.

RECREA ION, ACTIVE — A defined area reserved forTand specifically designed to accommodate outdoor sportsand outdoor activities, such as, but not limited to,racquet sports, ice skating, roller skating, swimming,baseball, soccer and softball.

R E C R E A I O N A L B U S I N E S S — O u t d o o r f a c i l i t i e s ,Toperated as a business and open to the public, withfacilities for uses such as tennis, horseback riding,swimming, golf, miniature golf, driving ranges andopen-air live theater.

RECREA ION, P SSIVE — A defined area reserved forT A and specifically designed to accommodate general uses,

such as, but not limited to, jogging, walking andrecreation trails and paths, picnic areas and scenicviews.

RELIGIOUS INSTITUTION — Use of land, building andstructures by a tax-exempt institution, a bona fidereligious sect or denomination where religious worshipor related activity is conducted.

REST URANT — A retail business (excluding drive-Athrough food establishments) where food and beveragesare sold within a building to customers for consumption

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at a table or counter, or on a patio, or off the premises ascarry-out orders.

RET IL BUSINESS — Any establishment selling goodsAto the general public for personal and householdconsumption, including restaurants and bars, andexcluding all other uses that are separately definedherein.

S E L F - S U P P O R T E D T O W E R — A c o m m u n i c a t i o n stower, other than a monopole, that is constructedwithout guy wires and ground anchors.

SERVICE BUSINESS — Any business or nonprofit thatprovides services to the public, including barbershops,dry cleaners, appliance repair and banks, and excludingall other uses that are separately defined herein.

SETBACK — The horizontal distance from the centerline of the street right-of-way, measured at right anglesto such center line, to the nearest part of any building orstructure on the lot.

SIGN — Any material, structure or device, includingawnings, composed of letters, pictures or symbolsdesigned or used for the purpose of attracting, or whichdoes attract, the attention of the public to the subjectmatter thereof and located out-of-doors, on the exteriorof a building, or inside the building within two feet of thewindow or in a manner to be viewed primarily byp a s s e r s b y . A n y s t r i p i n g , l i g h t i n g , c o r p o r a t e c o l o rschemes and other graphic design intended to serve asan attraction or to call attention to the site will bedefined as a “sign.”

STEALTH — Any tower or telecommunications facilitywhich is designed to enhance compatibility with adjacentland uses, including but not limited to architecturallyscreened roof-mounted antennas, antennas integratedinto architectural elements, towers designed to lookother than like a tower, such as light poles, power polesand trees. The term “stealth” does not necessarily

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§ 120-63 ZONING § 120-63

exclude the use of uncamouflaged lattice or monopoletower designs.

STREET — Any public way, which may include asidewalk, street, avenue or road.

STRUCTURE — Anything constructed or erected, theuse of which requires location on the ground orattachment to something having location on the ground.Structures shall include, among other things, buildings,stadiums, sheds, storage bins, reviewing and displaystands, platforms, towers, swimming pools, tennisc o u r t s , g a s o l i n e p u m p s , c a n o p i e s , p l a y h o u s e s ,greenhouses, toolsheds and garden sheds.

STRUCTURE, ACCESSORY — A structure subordinateor supplemental to the main building on the same lot.Such structures do not include accessory dwelling units.

TELECOMMUNICA IONS F CILITIES — Any cables,T A wires, lines, wave guides, antennas and any other

equipment or facilities associated with the transmissionor reception of communications which a person seeks tolocate or has installed upon or near a tower or antennas u p p o r t s t r u c t u r e . H o w e v e r , t e l e c o m m u n i c a t i o n sfacilities shall not include any satellite earth stationantenna two meters in diameter or less which is locatedin the Village Center or Gateway Business Districts orany satellite earth station antenna one meter or less indiameter regardless of zoning category.

T O W E R — A s t r u c t u r e w h i c h s u p p o r t stelecommunications facilities, whether a self-supportinglattice or monopole structure constructed from grade as afreestanding structure or a guyed tower or any otherstructure erected in connection with a building or otherpermanent structure or equipment capable of containingor intended for the use of one or more antennas fortransmitting and/or receiving radio, television, digital,telephone, cellular, microwave or other similar electroniccommunications. The term “tower” shall not include

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amateur radio operators’ equipment, as licensed by theFCC, and as exempted in § 120-18L of this chapter.

USE V RIANCE — The authorization by the Board ofAAppeals for the use of land for a purpose which isotherwise not allowed or is prohibited by the applicablezoning regulations.

VETERINARIAN’S OFFICE — An establishment for themedical and/or surgical care of sick or injured animals,including facilities for their temporary occupancy and,when operated as an accessory use by the licensedveterinarian, facilities for their cremation. Outdoorfacilities for cremation and boarding are not permitted.Use of a veterinarian’s office for retail purposes isprohibited, except for those items either prescribed by adoctor of veterinarian medicine or those items necessaryfor the treatment of animal health problems.

Y RD — The required open area on a lot along the lotAl i n e s . A y a r d s h a l l b e u n o b s t r u c t e d e x c e p t f o robstructions permitted by this chapter.

ZONING PERMIT — A permit issued by the Zoning En-forcement Officer in accordance with Article XI of thischapter, either in conjunction with a building permit oron its own before the commencement of any new orchanged use as governed under this chapter.

ARTICLE XIIIMiscellaneous Provisions

§ 120-64. Severability.

If any part or provision of this chapter or the applicationthereof to any person or circumstance be adjudged invalid byany court of competent jurisdiction, such judgment shall beconfined in its operation to the part, provision or applicationdirectly involved in the controversy in which such judgmentshall have been rendered and shall not affect or impair thevalidity of the remainder of this chapter or the application

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§ 120-63 ZONING § 120-65

thereof to other persons or circumstances, and the VillageBoard of Trustees hereby declares that it would have enactedthis chapter or the remainder thereof had the invalidity of suchprovision or application thereof been apparent.

§ 120-65. Amendments.

This chapter may from time to time be amended. Anamendment shall be effected by a simple majority vote of the

3Village Board of Trustees, or by / of the members of the4

Village Board of Trustees in the event that such amendment isthe subject of a written protest presented to the Board andsigned by:

A. The owners of 20% or more of the area of land includedin such proposed change; or

B. The owners of 20% or more of the area of landimmediately adjacent to that land included in suchproposed change, extending 100 feet therefrom; or

C. The owners of 20% or more of the area of land directlyopposite thereto, extending 100 feet from the lot frontageof such opposite land.

§ 120-66. Amendment procedure.

A. The Village Board of Trustees shall provide for themanner in which such regulations, restrictions and theboundaries of such districts, including any amendmentsthereto, shall be determined, established and enforced.However, no such regulations, restrictions or boundariesshall become effective until after a public hearing inrelation thereto, at which the public shall have anopportunity to be heard. At least ten days’ notice of thetime and place of such hearing shall be published in apaper of general circulation in the Village.

B. Service of written notice. At least ten days prior to thedate of the public hearing, written notice of any proposed

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regulations, restrictions or boundaries of such districts,including amendments thereto, affecting property within500 feet of the following shall be served personally or bymail by the Village upon each person or persons as listedbelow:

(1) The property of the housing authority erecting orowning a housing project authorized under thePublic Housing Law: upon the executive director ofsuch housing authority and the chief executiveofficer of the municipality providing financialassistance thereto.

(2) The boundary of a city, Village or town: upon theClerk thereof.

(3) The boundary of a county: upon the Clerk of theBoard of Supervisors or other person performing likeduties.

(4) The boundary of a state park or parkway: upon theregional State P rk Commission having jurisdictionaover such state park or parkway.

C. Public hearing. The public, including those served noticepursuant to Subsection B of this section, shall have theopportunity to be heard at the public hearing. Thoseparties set forth in Subsection B(1), (2), (3) and (4) above,however, shall not have the right of review by a court ashereinafter provided.

D. Additional requirements. The procedural requirementsset forth herein shall be in addition to the requirementsof the provisions of §§ 239-l and 239-m of the GeneralMunicipal Law relating to review by a county planningagency or regional planning council; the provisions of theState Environmental Quality Review Act under Article 8of the Environmental Conservation Law and itsimplementing regulations which are codified in P rt 617aof Title 6 of the New Y rk Codes, Rules and Regulationsoand any other general laws relating to land use and anyamendments thereto.

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§ 120-66 ZONING § 120-68

E. Filing. Every zoning law and every amendment thereto(excluding any map incorporated therein) adopted shallbe entered in the minutes of the Village Board, and acopy, summary or abstract thereof (exclusive of any mapincorporated therein) shall be published once in theofficial newspaper, and a copy of such local law oramendment, together with a summary or abstract of anymap incorporated therein, shall be posted conspicuouslyat or near the main entrance to the office of the VillageClerk, and affidavits of the publication and postingthereof shall be filed with the Village Clerk. Suchminutes shall describe and refer to any map adopted inconnection with such local law or amendment.

F. Map. Each Village Clerk shall maintain every mapadopted in connection with a zoning local law oramendment.

G. Effective date. Such local laws shall take effect uponfiling in the office of the Secretary of State, but such locallaws or amendments shall take effect from their date ofservice as against a person served personally with a copythereof, certified by the Village Clerk, and showing thedate of passage and entry in the minutes.

§ 120-67. Precedence of more restrictive standards.

Wherever the requirements of this chapter are at variancewith the requirements of any other lawfully adopted rules,regulations or ordinances, the more restrictive or that imposingthe higher standards shall govern.

ARTICLE XIVReferenced Guidelines

§ 120-68. Guidelines.

A. The Village Board of Trustees, the Planning Board andthe Zoning Board of Appeals may consider the principles,

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policies, standards, guides and examples contained inthe following Village-approved referenced guidelines.S u c h V i l l a g e - a p p r o v e d r e f e r e n c e d g u i d e l i n e s a r eadvisory and are not intended to be binding upon theVillage. The Village-approved referenced guidelines forplanning purposes shall include but not be limited to thefollowing:

(1) G r e e n w a y C o n n e c t i o n s : G r e e n w a y C o m p a c tP r o g r a m a n d G u i d e s f o r D u t c h e s s C o u n t yCommunities.

(2) T wn of Rhinebeck design standards.o

(3) List of New Y rk State Professions, published by theoOffice of the Professions of the New Y rk StateoEducation Department.

(4) H a m l e t D e s i g n G u i d e l i n e s , p r e p a r e d b y t h eDutchess County Department of Planning andDevelopment.

(5) Building F rm Guidelines, prepared by the DutchessoCounty Department of Planning and Development.

(6) Design Review in Historic Districts (with DesignGuidelines #2185), prepared by the National Trustfor Historic Preservation.

B. Copies of these referenced guidelines may be found atthe Village Planning Clerk’s office.

§ 120-69. Greenway connections. [Added 5-11-2004 byL.L. No. 1-2004]

Greenway connections. By Local Law No. 1 of the year 2004the Village of Rhinebeck has adopted Greenway Connections:Greenway Compact Program and Guides for Dutchess CountyCommunities, as amended from time to time, as a statement ofland use policies, principles and guides to supplement otherestablished land use policies in the Village. In its discretionary

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§ 120-68 ZONING § 120-69

actions under this Zoning Code, the reviewing agency may takeinto consideration said statement of policies, principles andguides, as appropriate and when in harmony with the VillageMaster Plan.

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zoning chapter 120 zoning article i general provisions

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