Chapter 200: Zoning

The zoning regulations and districts herein set forth and as outlined upon the map made a part of this chapter by § 200-3 are made to supersede the zoning regulations and map adopted by the village on the 6th day of September, 1955, and all amendments thereto, and in accordance with a Comprehensive Plan for the purpose of promoting the public health, safety, morals, convenience, order, prosperity and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population and to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each district and its suitability for particular uses, and with a view of conserving the value of the buildings and encouraging the most appropriate use of the land throughout the village.

For the purpose of this chapter, the Village of Red Hook is hereby divided into the following six classes of districts: | District Name | Abbreviation | |---|---| | Residential 20,000 | R20,000 | | Residential 10,000 | R10,000 | | General Business | GB | | Gateway Business | GWB | | Neighborhood Mixed Use | NMU | | Light Industrial Business | LIB |

The boundaries of these districts are hereby established on a map entitled "Village of Red Hook Zoning," which map accompanies and is hereby declared to be part of this chapter.

Where a district boundary line, as appearing on the Zoning Map, divides a lot or land in a single ownership as existing at the time of this enactment, the use authorized on the district requirements applying to the less restricted portion of the property shall be construed as extending into the remaining portion of the property beyond the district boundary lines for a distance not exceeding 35 feet. Otherwise, unless shown to the contrary on the Zoning Map, the boundary lines of districts are the center lines of streets and alleys, or such lines extended, railroad right-of-way lines, the center lines of creeks and waterways and the corporate limits line as it existed at the time of the enactment of this chapter.

Household Pets - dogs, cats and similar small animals typically kept in a household. The term does not include chickens and other fowl, pigs, goats, sheep, cows, deer, horses, mules, donkeys, llamas, alpacas, livestock and other animals typically associated with farming and animal husbandry. Hen - A female domestic chicken (Gallus gallus domesticus). Roosters and other types of domestic fowl are intentionally excluded from this definition. Honeybee - A domesticated winged insect that collects pollen and nectar and produces honey (Apis Mellifera).

MOTOR VEHICLE SERVICE STATION Any area of land, including structures thereon, that is used for the sale of gasoline or any motor vehicle fuel, oil or any other lubricating substances, sale of motor vehicle accessories, and which may include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means, body and fender work, or the dismantling or replacing of engines, and including associated retail/commercial businesses, whether or whether not located on the same parcel, including structures thereon that are used for the sale of snacks, dairy products, alcoholic and non-alcoholic beverages, prepared foods, produce, groceries, dry goods and clothing.

Day-care Facility - An umbrella term which includes both "Childcare facility" and "Family day-care home" facilities.

No building, structure or land shall be used and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations specified for the district in which it is located, except as herein provided. (Demolition and construction must conform to all New York State codes and be reviewed and approved by the Planning Board for conformance to zoning laws and neighborhood/zone character.)

E. Uses on a lot. Except in the General Business and Gateway Business Districts or as specifically permitted elsewhere in this chapter, only one permitted or special permitted use per lot shall be allowed. Accessory uses and buildings are also permitted subject to the specific provisions of this chapter.

(9) Dwelling, two-family.

(10) A single EV Charging Station for residential use.

(5) Dwelling, two-family.

(10) A single EV Charging Station for residential use.

(13) Dwellings, one-family, two-family and multifamily, legally in existence as of June 30, 2021, and which have not been thereafter converted to another permitted use. Such dwellings may be altered, improved and modified in accordance with the R10,000 bulk regulations.

(7) EV Charging Stations

(11) Day-care facility

3. Drive-thru Window subject to the provisions of § 200-22.

(1) Coverage. The maximum lot coverage permitted, by building area, shall be 65% of the lot. (2) Yards. All buildings and structures constructed on lots which abut nonbusiness districts shall be so located as to conform in respect to the abutting yard width with the side or rear yard requirements as the case may be for the district against which the lot abuts. (3) Corner lots. All buildings and structures built on corner lots shall conform to § 200-32. (4) Height. No building or structure shall exceed 45 feet in height or 3½ stories, whichever is less. The Planning Board may waive the maximum permitted height for church spires, antennas, civic buildings, and monuments. (5) Setback. There is no minimum setback. New structures shall be located as close to the street line as practical with adequate space provided for sidewalks, lighting, street trees and other public amenities. Where there is a significant difference between the setback of the new structure and the setback of an existing adjacent structure(s), the Planning Board may increase the setback of the new structure to maintain a continuous streetscape, but in no case beyond the existing setback of the adjacent structure. In no case shall the setback be increased to permit parking in the front yard.

The Gateway Business District is intended to serve as the eastern gateway and entrance to the village and provide a visual transition from rural to commercial uses as lots become more densely developed. The established setbacks, maximum building sizes and uses are compatible with existing mixed-use development, built context and traditional development patterns of the nearby General Business (GB) District and consistent with the Dutchess County Greenway Compact Guide. The Gateway Business District seeks to continue the front yard setbacks/build-to-line of the adjacent zoning districts by emphasizing visual and physical access to retail/commercial storefronts along the tree lined sidewalk for pedestrians. The consistent build-to-line will help establish and maintain an active, small urban corridor shared by vehicles, while encouraging pedestrian safety and mobility by limiting the number of curb cuts per property and locating vehicular parking and loading zones in rear yards and/or screened side-yards of properties. Lot coverage in the Gateway Business District is significantly less than in the nearby General Business District. This, coupled with the requirement for a side yard setback, creates a visual distinction between the denser General Business District and this transition district. A. Site plan approval. All uses permitted in this district shall be subject to site plan approval as provided by § 200-16. B. Permitted principal uses, buildings and other structures shall be as follows: 1. Commercial greenhouses and plant nurseries, including offices and sales yards. 2. Eating and drinking establishments. 3. General retail use, including shops, furniture stores and equipment stores. 4. Medical and health services. 5. Salesrooms or shops of a builder, contractor or artisan. 6. Offices, business and professional. 7. Personal service establishments. 8. Real estate establishments. 9. Security and commodity brokers, dealers and services. 10. Hotels. 11. Motel or Motor Court subject to the provisions of § 200-30. 12. Apartments in accordance with § 200-31. C. Permitted accessory uses, buildings and other structures shall be as follows: 1. Accessory buildings and structures customarily associated with the principal permitted use. 2. Off-street parking for commercial vehicles while loading and unloading, as required by § 200-34. 3. Off-street parking and automobile storage, as required by § 200-33. 4. Signs as permitted by § 200-38. 5. Temporary structures as permitted by § 200-41. 6. EV charging stations. D. Uses for which the Planning Board may issue a special permit in accordance with the provisions of §§ 200-15 and 200-16 shall be as follows: 1. Temporary fairs, carnivals and circuses, subject to the additional provisions of § 200-25. 2. Theaters (motion picture and live) other than drive-in. 3. Repair and machine shops. E. Area, yard, height, parking space location, coverage and bulk requirements. 1. General. The area, yard, coverage and height provisions established by this section apply to all permitted uses in the GWB District for which special criteria are not established elsewhere in the chapter. 2. Minimum lot size is 20,000 square feet. 3. Lot dimensions; interior lots. Except as otherwise specified, the minimum frontage of an interior lot shall be 50 feet. 4. The build-to line shall conform to existing build-to line of adjacent properties and/or average build-to lines of adjacent structures to encourage a unified line of facades. The front yard setback shall be sufficient to accommodate a planting strip or sidewalk, as determined necessary by the Planning Board. In no event shall the front yard setback be more than 15 feet. 5. Rear yards. There shall be a rear yard of not less than 35 feet, except that in the case of through lots, the front yard requirement specified by Subsection E(4) above shall be observed on both streets. 6. Side yards. There shall be two side yards with a total width of 20 feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards. 7. Height. No building shall exceed 45 feet in height or 3 stories, whichever is less. 8. Coverage. The maximum coverage shall be 35%. 9. Residential buffer. Properties abutting residential uses in a residential district shall provide a buffer along the property line of fencing, 20-foot evergreen buffer, or combination of both. F. Entrances and exits upon public streets. 1. Number and spacing. To reduce conflicts between pedestrian and vehicular circulation, curb cuts should be limited to one per lot unless a traffic impact analysis justifies additional curb cuts. In no case shall there be more than one entrance and one exit per lot on any individual public street. 2. Width. No entrance or exit shall have a width greater than 25 feet. G. Landscape treatment. Landscape treatment shall be as determined by the Planning Board in accordance with § 200-29F. H. Outdoor storage. No goods or equipment shall be stored out-of-doors unless enclosed and screened from view by fences not less than six feet in height or vegetative screening in the discretion of the Planning Board. Retail businesses may display items for sale outdoors but such items may not be left out overnight.

(6) EV Charging Stations.

(13) Day-care facility

The land uses most appropriate in this mixed-use district are either residential uses, commercial uses, or a combination of residential and/or commercial uses on the same lot. The commercial uses should be designed to service primarily the adjacent residential neighborhood and secondarily the Village. Such uses should supplement the commercial uses on South Broadway and Market Streets. All development to the district should be pedestrian friendly, with sidewalks and, where practical, a street facade consistent with the scale and appearance of the nearby Village streets and structures. Mixed uses may occur on adjacent lots or within a single lot or building such as residential use of the upper floor with commercial use on the first floor.

(2) One or more multifamily dwellings designed and used exclusively as living quarters for adults 55 years of age or older.

(d) municipal utilities.

(-11) EV Charging Statipns.

J. The planning board is authorized to approve cluster development in the Neighborhood Mixed Use District, subject to the conditions and procedures set forth in Section 7-738 of the Village Law, as amended. Where a lot or plat proposed for cluster development lies within both the Village and the Town of Red Hook, the Planning Board may include in its density calculation the portion of the lot or plat lying within the Town of Red Hook, provided that final approval of the cluster development by the Village Planning Board shall be conditioned upon final approval by the Town Planning Board of that portion of the development lying within the Town of Red Hook in a manner consistent with the cluster development approval by the Village Planning Board.

Replaces "Nursery School" with "Childcare facility".

A. General. This zone is limited to the existing facility formerly used as the Baker's Chocolate Factory. The intent is to provide for multiple uses, including light industrial, storage and business uses, as set forth herein, in the existing building/site. B. Site plan approval. All uses impacting/changing the exterior features of the site, including but not limited to vehicle parking and loading, landscaping signage and pedestrian walkways and all special permitted uses, shall be subject to site plan approval by the Planning Board. C. Permitted principal uses, buildings and other structures shall be as follows: 1. Clubs, health and fitness

(6) EV Charging Stations

(14) Day-care facility

A. Procedure. Application to the Code Enforcement Officer. As provided by § 200-49B, application for a zoning permit shall be made to the Code Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If upon receipt of such application the Code Enforcement Officer determines that the excavation, construction or use of land for which the application is made, requires the issuance of a special permit, he shall, within five days of its receipt, forward the application to the Planning Board. B. Standards. Special permits may be authorized by the Planning Board only upon consideration of those features or circumstances that distinguish this use from uses permitted by right and determination of the necessary measures to mitigate those features or circumstances so that the special permitted use is no more objectionable than uses permitted by right. To this end, the Board may establish whatever conditions may be necessary to safeguard public health, comfort, safety and convenience and that may be required for the preservation of the general character of the neighborhood in which such use is to be conducted. The standards established by Articles III and V shall be applied to a specific request for a special permit. To assist the Planning Board in its determination, an application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.

A. Requirement. Site plan approval by the Planning Board is required for all uses permitted in § 200-10, General Business (GB) District, § 200-11, Gateway Business (GWB) District and § 200-12, Neighborhood Mixed Use (NMU) District, except for one- and two-family dwellings; before issuance of a building permit for any external change in the aforementioned districts excluding signage, up to two EV charging stations and one- and two-family dwellings; for all special permitted uses; and for alteration and changes of nonconforming uses and structures as provided for by Article VI.

A. Requirement. Site plan approval by the Planning Board is required for all uses permitted in § 200-10, General Business District (GB), § 200-11, Highway Business District (HB), and § 200-12, Neighborhood Mixed Use (NMU), except for one- and two-family dwellings; before issuance of a building permit for any external change in the aforementioned districts excluding signage, up to two EV Charging Stations and one- and two-family dwellings; for all special permitted uses; and for maintenance of nonconforming uses as provided for by Article VI.

A. Requirement. Site plan approval by the Planning Board is required for all uses permitted in §200-10, General Business District (GB); §200-11, Highway Business District (HB); and 200-12, Industrial District (M), before issuance of a building permit for any external change in the aforementioned districts excluding signage, for all special permitted uses, and for maintenance of nonconforming uses as provided for by Article VI.

The Planning Board may in its discretion hold a public hearing on an application within 62 days after it has deemed the application complete. If a public hearing is held, the Planning Board shall mail notice of said hearing to the applicant and adjoining property owners at least ten days prior to such hearing and shall publish notice of said hearing in a newspaper of general circulation in the Village at least five days prior to the date thereof. A decision shall be made on the application within 62 days of the close of the public hearing. If no public hearing is held, a decision shall be made within 62 days after the application is deemed complete. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision shall be filed in the office of the Village Clerk within five business days after the decision is rendered and a copy mailed to the applicant. An application for a site plan approval shall not be deemed complete until the lead agency has adopted a finding of no significant adverse environmental impact (negative declaration) or until a Draft Environmental Impact Statement ("DEIS") has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

E. Design Guidelines. The recommendations in the Pattern Book and Architectural Design Guidelines and the following design guidelines enumerated below are applicable to all site plan approvals in the Village of Red Hook. The recommendations in the Pattern Book and the guidelines are adopted pursuant to Municipal Home Rule Law § 10, which authorizes a municipality to adopt local laws for the "protection and enhancement of its physical and visual environment." Similarly, General Municipal Law § 96-a authorizes local governments to adopt local laws regulating districts of "aesthetic interest or value," including "appropriate and reasonable control of the use or appearance of neighboring private property within public view or both." Village Law § 7-725-a authorizes Village boards to require certain elements in site plans, including "screening, signs, landscaping, architectural features. . . as well as any additional elements."

Landscaping shall be installed and maintained in a manner that does not obstruct vehicular sight distance.

(8) Drainage Systems. Detailed drainage plans shall be provided. All submitted plans shall be in accordance with all applicable regulations, including the current NYSDEC Stormwater Management Design Manual and all best management practices. When required, a Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the Planning Board for review.

The supplementary regulations in this article are in addition to those of Article III and, unless otherwise indicated, shall apply in all classes of districts.

No driveway or other means of access for vehicles other than a public street shall be maintained or used in any residence district for the servicing of any use located in a business or industrial district.

A. Animal husbandry. Animal husbandry for personal non-commercial use is permitted as an accessory use to a residential use with site plan approval in the R10,000 and R20,000 Zoning Districts on a lot with a minimum area of 2 acres, subject to the following limitations and restrictions. 1. Animals shall be confined at all times to the lot on which they are kept, possessed or maintained. Animal husbandry shall not be conducted within 75 feet of the lot boundary. 2. The number of animals that may be kept on a property is as follows: one animal with an average weight of 250 pounds or more at mature size or two animals with an average weight of less than 250 pounds each at mature size per 1.5 acres of available land, regardless of the actual size or age of the animal. "Available land" is defined as all land on a lot, excluding the residence, driveway, garage, other buildings or structures not used for animal husbandry, and all areas within 50 feet of wells, watercourses and wetlands. 3. Adult male animals shall be neutered; breeding of animals is not permitted. 4. Feed shall be stored indoors or in metal containers and securely covered with metal covers. 5. Animal waste and uneaten or discarded food must be disposed of in a safe and sanitary manner with a minimum frequency of once per week. There shall be no unenclosed storage or manure or other odor- or dust-producing substances. 6. Odor from animals, animal waste and related substances shall not create a nuisance for occupants of nearby buildings or properties. B. Keeping of hens. The keeping of hens for personal non-commercial use is permitted as an accessory use to a residential use in the R10,000 and R20,000 Zoning Districts subject to issuance of a permit from the Code Enforcement Officer and further subject to the following rules. 1. All hens shall be provided with an enclosed shelter and a fenced run inaccessible to predatory animals. The shelter and fenced run shall be located behind the front building line of the residence and set back from the property boundary not less than the accessory building setback required in the District Schedule of Area and Bulk Regulations for the applicable zoning district. a. The fenced run shall be fully screened from view from any neighboring front yard by an opaque fence, shrubbery, or other screening of a height equivalent to the structure being screened. b. The enclosed shelter shall provide a minimum floor space of four (4) square feet per hen. The fenced run shall have a minimum of eight (8) square feet per hen. 2. The shelter shall be maintained in a clean, dry and sanitary condition at all times so as not to endanger the public health and safety. Animal waste, uneaten or discarded food, and feathers are to be removed regularly with a minimum frequency of once per week. 3. Feed shall be stored indoors or in metal containers and securely covered with metal covers. 4. Hen waste must be disposed of in a safe and sanitary manner with a minimum frequency of once per week or may be composted on site with sufficient green vegetation and soil so as to prevent odors from leaving the property. 5. Odor from hens, hen waste and related substances shall not create a nuisance for occupants of nearby buildings or properties. 6. Hens shall be confined at all times to the lot on which they are kept, possessed or maintained. Free-range hens are prohibited. 7. No more than six (6) hens are permitted on a lot of an acre or less and no more than twelve (12) hens are permitted on a lot of more than one acre. 8. The keeping of fowl other than hens, including but not limited to roosters, ducks, geese, turkeys, guinea fowl, peacocks and peahens, is not permitted. 9. A non-transferable license shall be obtained from the Code Enforcement Officer prior to the keeping of hens on a lot and shall be subject to an annual renewal. a. If an applicant is not the owner of the lot the license application shall be accompanied by a notarized letter from the owner authorizing the keeping of hens. b. Prior to issuance of the license, the CEO shall inspect the premises and confirm in writing that the standards in subsection 200-18.1B are met. c. The Village Board may establish by resolution a fee for each license and renewal thereof. C. Keeping of honeybees. The personal non-commercial keeping of honeybees shall be permitted as an accessory use to a residential use in the R10,000 and R20,000 Zoning Districts, subject to issuance of a beekeeping permit from the Code Enforcement Officer and further subject to the following rules. 1. Hive type. All honeybee colonies shall be kept in hives with removable frames, a maximum of 10 frames per box, or equivalent, to control total bee density (or five frames or equivalent for a nucleus colony defined as a hive with a queen installed at the discretion of the beekeeper to better facilitate the health and vitality of the entire bee colony), such box to allow disassembly for complete internal hive inspection at all times by the Village Building Inspector, Code Enforcement Officer, Village Engineer, Village designee, or any other governmental agency with jurisdiction. 2. Site colony density. i. A maximum of two colonies, consisting of no more than three hives, shall be permitted per lot. ii. Should hives swarm, the beekeeper may add a temporary hive(s) to accommodate same. If this exceeds the maximum permitted site density, the hives must be merged during the calendar year to an allowed density. iii. In no event will the overwintering of colonies exceeding the maximum total allowed be permitted. 3. Colony location. All colonies must be located at least 50 feet from a public sidewalk, alley, street or road and at least 25 feet from a side or rear lot line. All colony entrances shall face inward to the site and away from the nearest adjacent property boundaries. A dimensioned sketch of the lot showing location and all setbacks shall be included with the application for a beekeeping permit. 4. Control barrier. i. The beekeeper must establish a flyaway barrier adjacent to hives controlling the honeybee flight path away from the lot. This should be at least six feet tall and extend 15 feet beyond the colony on each boundary side. It can be solid, vegetative or any combination of the two that forces the honeybee's flight path along the lot line at a height of six feet or more. ii. A warning sign must be within 20 feet of the hives to warn people and children from coming in close contact with the hives without supervision. 5. Purchasing and keeping of bees and queens; honeybee genetics and defensive behavior. i. Beekeepers pursuing the purchase and keeping of bees must be mindful of honeybee genetics and defensive honeybee behavior. Thus, before the purchase of bee packages or queen bees, whether to start, replace or maintain colonies, beekeepers must act responsibly to limit the spread of Africanized (defensive) and any other undesirable bee genetics. Accordingly, every effort should be made to utilize bees or queens from northern apiaries to limit the spread of the Africanized bee genetics. Applicants should include documentation to verify apiary origin of mated queens and packaged bees, including the seller's contact information. ii. Any colony of honeybees exhibiting defensive or angry behavior must be re-queened immediately. The beekeeper will make every effort to minimize colony disruption after the defensive or angry behavior determination. The beekeeper will also use good practices to minimize/prevent a defensive colony swarming. iii. All existing and new apiaries will meet the required colony density. All existing and new colonies will be managed to meet the spirit and intent of these provisions, in the judgement of the Building Inspector, Code Enforcement Officer, Village Engineer or Village designee, who retain the authority to cancel the beekeeping permit if these standards are not met. In such an event, if in disagreement, the beekeeper shall have 30 days to appeal said cancellation to the Zoning Board of Appeals. 6. Water. Each beekeeper shall ensure that a convenient source (within colony property area and near the hive or hives) of water is available to the bees in sufficient quantity as a function of number of hives, specifically at any time during the year when temperatures are regularly 50° F or higher and the bees are active. 7. Absence. The beekeeper shall maintain a log on site recording significant hive activities (such as disease infestation). If the beekeeper does not reside on the property, or plans to be away, he/she or a knowledgeable representative shall visit same no less frequently than approximately weekly during the months of higher bee activity, and approximately bi-monthly at other times except if specific circumstances necessitate more frequent attention. The beekeeper shall provide contact information in case of an emergency. The on-site log shall reflect having met this regulation, and shall be made available for review by the Village or any person with authority to inspect the hives. 8. A non-transferable license must be obtained from the Code Enforcement Officer prior to the keeping of honeybees on a lot and shall be subject to an annual renewal. i. Each application and renewal application shall be accompanied by information on the number of hives and colonies and their location. ii. If an applicant is not the owner of the lot the license application shall be accompanied by a notarized letter from the owner authorizing the keeping of honeybees. iii. Prior to issuance of the license, the CEO shall inspect the premises and confirm in writing that the standards in subsection 200-18.1C are met. iv. The Village Board may establish by resolution a fee for each license and renewal thereof. v. The initial license application and each renewal application shall require the applicant to provide notice of beekeeping activity to adjacent property owners. Such notice shall include the applicant's contact information in the event that there are questions or concerns. 9. Incidental sales of honey from the hives may be permitted by the beekeeper. D. It shall be unlawful to cause, permit or allow any animals, hens or honeybees to be kept in such a manner as to constitute a nuisance or to create a hazard to public health or in any manner which either annoys, disturbs, injures or endangers or tends to annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of the public. E. Compliance Requirements. 1. Owners of hens, honeybees or other animals other than household pets existing on a lot within the Village at the time of adoption of this Section shall have ninety days from the effective date to come into compliance with the provisions of this Section and obtain a license or site plan approval. i. Existing hives, chicken coops and other structures which are non-compliant by exceeding the maximum permitted size or coverage may continue to be used provided that all other approvals and licenses are obtained, but shall not thereafter be enlarged. ii. Any owner of hens, honeybees or other animals (other than household pets) who exceeds the permitted number of such hens, honeybees or other animals (other than household pets) at the time of adoption of this local law may apply to the Planning Board for a special use permit to allow the hens, honeybees or other animals (other than household pets) to remain. iii. The size limitations regulate the use of the residential lot and the Zoning Board of Appeals is without authority to issue an area variance to permit an increase in the number of hens, honeybees or other animals (other than household pets) permitted on a lot. 2. Any agricultural activities conducted on properties in an Agricultural District may be exempt from these restrictions if so provided by Agriculture and Markets Law Article 25-AA, as amended. F. Inspection. The Village of Red Hook, or its designee, or any governmental agency with jurisdiction shall have the right to inspect animal enclosures and beehives at any time with 24 hours' notice, except in an emergency, when notice shall be given to the extent practicable. G. Violations. In addition to the penalties in Article VII of the Zoning Law: 1. A license for the keeping of hens or bees shall be automatically revoked for a period of two years upon conviction of a second offense and no new license for the same property or owner shall be issued for a period of 2 years from the date of conviction. 2. A beekeeping permit shall be revoked if the beekeeper fails to maintain the colony in a safe and secure manner.

A. General provisions. 1. Only one accessory dwelling shall be permitted on a lot as an accessory use to a one-family dwelling unit. 2. The accessory dwelling unit shall be no larger than 35% of the existing habitable floor space of the one-family dwelling, whether in the same structure or in a separate detached structure, and shall provide not less than 500 square feet of habitable space. 3. All Uniform Code or other requirements under local law or ordinance and other applicable laws and regulations shall be complied with, and both a building permit and a certificate of occupancy shall be obtained before occupancy. 4. The applicant shall certify that the water supply is potable by certification through the Dutchess County Department of Behavioral and Community Health and shall further certify that water-conserving fixtures have been installed for the accessory dwelling in accordance with Environmental Conservation Law § 15-0314. 5. The applicant shall certify that the sewage disposal system is adequate for the two dwelling units. Certification may be obtained by a licensed professional engineer or the Code Enforcement Officer. 6. Any new exterior entrance created to accommodate the accessory dwelling unit shall be located at the side or the rear of the structure. Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. In no instance shall a stairway or fire escape be located on any wall fronting on a street. 7. Offstreet parking satisfying the requirements of § 200-33 of this chapter shall be located on the parcel on which the accessory dwelling unit is located. Parking, where practicable, will be located behind the dwelling units. 8. If the accessory dwelling is located in a detached structure, the accessory dwelling shall receive site plan and special use permit approval from the Planning Board. 9. An area variance for side and rear-yard setbacks shall not be required to convert an accessory structure legally existing as of June 30, 2021 into an accessory dwelling if no expansion or enlargement of the detached structure is proposed. 10. For a proposed accessory dwelling on a nonconforming lot, refer to Section 200-48.

Cesspools and septic tanks shall require approval by the Dutchess Department of Health.

A. Family day-care homes. 1. The Planning Board must find that the home is a private residence and meets all applicable zoning requirements. 2. The proposed provider must be certified by the Dutchess County Department of Social Services that he or she meets the requirement of the Department and has received clearance from the Central Registry on Child Abuse. 3. A map, drawing or photograph shall be submitted to the Planning Board sufficient for the Board to make a determination that automobile access, egress and drop-off is safe and within reasonable proximity to the house. B. Standards. 1. The center's operator shall show compliance with the regulations of the New York State Department of Social Services. 2. The setbacks, height, bulk and minimum frontage for the underlying zoning districts shall apply. However, in no case shall any building be less than 30 feet from an adjacent residence nor shall parking be placed closer to a front, side or rear property line than 25 feet. 3. A minimum of one parking space for each employee shall be provided in addition to visitor and drop-off parking in the amount of one space per five children. 4. The proposed use shall be subject to site plan review by the Planning Board. The Board shall particularly examine any proposed facility to be certain that the visual and aural impact of the facility is, to the extent possible, consistent with the residential character of the zoning district and that appropriate measures and features are included to assure the safety of the children.

1. The facility's operator shall show compliance with the regulations of the New York State Office of Children and Family Services. 2. The setbacks, height, bulk and minimum frontage for the underlying zoning districts shall apply. However, in the R10,000 and R20,000 Districts, in no case shall any building be less than 30 feet from an adjacent residence nor shall parking be placed closer to a front, side or rear property line than 25 feet. 3. A minimum of one off-street parking space for each employee shall be provided in addition to visitor and dropoff parking in the amount of one space per five children. 4. The proposed use shall be subject to site plan review by the Planning Board. The Board shall particularly examine any proposed facility to be certain that the visual and aural impact of the facility is, to the extent possible, consistent with the character of the zoning district in which it is located and that appropriate measures and features are included to assure the safety of the children.

A Drive-thru Window is permitted in the General Business District as a specially permitted accessory use, subject to approval by the Planning Board. A Drive-thru Window shall meet the special permit standards set forth in § 200-15 of the Zoning Law and the additional criteria set forth below: 1. A Drive-thru Window shall not be located on a lot of less than 1.5 acres. 2. The Drive-thru Window and queuing lane shall be located at the rear or side of the building that it serves, or, if on a corner lot, the sides of the building not facing the streets. 3. Any building extension to accommodate the Drive-thru Window shall be consistent with the architectural design of the structure. 4. Only one Drive-thru Window shall be permitted on a lot. Remote speaker posts or ordering locations are not permitted. 5. The Drive-thru Window shall be clearly secondary in nature to the primary use. 6. A minimum queuing of 6 vehicle spaces shall be provided for a Drive-thru Window. The proposed queuing shall not create a significant adverse impact on vehicular and pedestrian circulation within the site, including emergency vehicles, nor shall it impact vehicular or pedestrian circulation on any street. The Planning Board may require additional queuing spaces. 7. A bypass lane with a maximum width of 12 feet may be required by the Planning Board. 8. The Drive-thru Window shall be located a minimum of 50' from a street and/or intersection of streets. 9. The Drive-thru Window and all associated structures, lighting and signage shall maintain a minimum distance of 100' from a residential district. 10. Lighting for the Drive-thru Window shall not exceed any lighting standard set forth in the Village of Red Hook Zoning Law. 11. The noise associated with speakers / talk back devices shall not be audible from inside a structure across any real property boundary, where all exterior doors and windows are closed. 12. The hours of operation for a Drive-thru Window shall be reviewed and approved by the Planning Board, but shall in no case be earlier than 8:00 a.m. nor later than 10:00 p.m., except for a Drive-thru Window consisting of an automated teller machine. 13. A traffic study shall be required prior to the review and approval of a Drive-thru Window and the study must show that the addition of the Drive-thru Window shall not exceed the capacity of the ingress/egress of the site and will not negatively impact the streets that serve the site. The Planning Board may require that such study include an analysis of the number of required queuing spaces based on the proposed use. 14. The applicant shall mitigate to the extent practicable any negative impacts on pedestrian circulation due to the Drive-thru Window. 15. Any signage related to the Drive-thru Window shall be consistent with the Village of Red Hook Zoning Law. 16. The Planning Board may impose additional stipulations as deemed necessary.

No dump as defined herein shall be permitted within the Village of Red Hook except as approved by the Village Board and the Dutchess County Department of Health.

No special permit shall be granted for the expansion of an educational institution unless such institution has a minimum of 400 feet of frontage on a road designated as a primary or secondary road on the Master Plan.

In districts where permitted by Article III or on the premises of a building occupied by a church, civic organization or similar nonprofit group in any district, a permit may be issued under the terms of § 200-15 for a fair, carnival or circus for a period not to exceed three days in any calendar year.

A. No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet. B. No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof. "Directly behind another dwelling" means with more than 1/2 the width of the structure so placed.

The provisions of this section are intended to protect and maintain the residential character of the districts in which such uses are permitted. To assure that home occupations are incidental to the residential use of the property: A. Only one home occupation per residential unit shall be permitted. B. All home occupation activities shall be conducted within the enclosed space of the principal building or other structure accessory thereto. No outdoor storage or displays shall be permitted. C. No more than one nonresident employee shall be permitted. D. No more than 25% of a residential building's floor area (not to exceed 500 square feet) shall be devoted to such use. E. No exterior visual evidence of the existence of a home occupation shall be permitted other than signage as provided for in § 200-38. F. Services and instruction offered shall be limited to no more than three clients or customers on the premises. G. The use shall not result in increases in truck traffic on abutting streets. H. All parking shall be provided on site. I. No offensive noise, vibration, smoke, fumes, heat or glare shall be produced.

The following shall apply in addition to all other regulations of the village with respect to kennels: A. Area. The minimum land area per establishment shall be five acres. B. Frontage. The minimum frontage per establishment shall be 300 feet. C. Yards. No structure, including dog runs or other structures for the housing of animals, shall be placed closer than 100 feet from any property line. No other structure shall be placed closer than 80 feet to any front property line or 50 feet from any side or rear property line.

A. A complete plan of existing and proposed landscaping shall be submitted to and approved by the Planning Board in the site plan approval process. This plan shall detail the type, number, size and location of each plant species. To minimize erosion and stormwater runoff and to maintain and improve the aesthetics of the village, all portions of the lot not used for buildings, structures, off-street parking and loading, permitted outdoor storage, driveways and walkways shall be landscaped and maintained in accordance with the provisions of this section. B. All plantings shown on the site plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the immediately following growing season. C. All shrubs and trees shall be protected from possible damage inflicted by vehicles using the parking area or access drives by means of a raised concrete curbs placed at the edge of the pavement or other methods deemed appropriate for this purpose by the Planning Board. D. In connection with the review of any site plan application for a use, landscaping shall be required along all property lines and within the required parking area. Such parking area shall have at least 10 square feet of interior landscaping for each parking space and a three-foot width of perimeter landscaping. E. When any nonresidential zone abuts a residential zone, there shall be a minimum 25 feet buffer between the two zones. The buffer shall be located within the nonresidential zone's property lines. It shall be at the discretion of the Planning Board to dictate the type, quantity and size of the required landscaping and/or screening. Also, the Planning Board may reduce the required twenty-five-foot buffer area when it deems that unique conditions exist and, in the view of the Planning Board, an adequate landscape/screening plan is submitted and is acceptable. The Planning Board may require a licensed landscape architect to prepare the plan. F. Unique natural areas and open spaces such as streams, marshes, steeply sloped areas, woodlands and historic architectural features which would add value to the development or to the village as a whole shall be preserved. G. Where normal activities associated with a proposed use involve loading, stacking or other noise-generating work, the location of the involved docks or doors, as well as the orientation of buildings, shall be modified to mitigate these adverse impacts if at all practical. H. Exterior lighting proposed for the site shall be planned, erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent residential properties. I. All outside trash receptacles (except those intended for use by customers) shall be so designed, constructed and maintained as to allow no view of trash storage from the street and shall be located within an enclosure of opaque materials and shall be provided with opaque gates of the same height. The height of the enclosure shall be at least as high as the trash receptacles.

D. In connection with the review of any site plan application for a non-residential use, a landscaped buffer around the perimeter of the parking areas and travel lanes may be required.

Parking areas shall be designed and landscaped to avoid long, uninterrupted rows of vehicles. In parking lots of 20 or more spaces, 10% of the parking area shall be surfaced with landscaping, such as curbed planting islands, distributed throughout the lot and to be located at the discretion of the Planning Board. Trees bearing seed pods, fruit, nuts or other material that may damage parked cars or injure pedestrians are to be avoided. The Planning Board shall consider the standards for parking lot landscaping in Dutchess County Greenway Guides E-1 and E-3.

Motor courts or motels, where allowable under this chapter shall conform to the following requirements: A. Each rental structure shall contain at least eight rental units. B. Automobile parking space to accommodate not less than one car for each rental unit, plus one additional space for every two persons regularly employed on the premises, shall be provided. In addition, if the motel includes restaurants, taverns or meeting rooms as necessary uses, parking for these uses shall be provided as required by §§ 200-34 and 200-41. C. Each rental unit shall be supplied with hot and cold running water and equipped with a flush toilet. All such fixtures and those of any accessory uses shall be properly connected to the village water and sewer systems or other arrangements for water supply and sewage disposal made which are approved by the Dutchess County Health Department.

A. Number of units permitted. 1. In the GB and GWB Districts, there is no limit on the number of apartments permitted in a mixed-use or commercial building provided a minimum of 600 square feet of habitable floor area per apartment is provided, adequate provision is made for water and wastewater, and all other dimensional requirements are met. In the NMU District, six apartments are permitted per building. 2. In buildings with more than five apartments, at least twenty-percent (20%) of the apartments shall have two or more bedrooms. The required number of units shall be rounded down to the nearest whole number. B. Specific Development Standards. 1. Applicant shall connect to municipal sewer system if available or obtain approval of wastewater disposal system from the Dutchess County Department of Behavioral and Community Health. 2. All parking and service areas shall be screened with plantings or fencing from adjacent properties and streets in addition to the design standards in 200-16. 3. Adequate sight distance shall be provided at all entrances and exits, as may be required by the agency of jurisdiction.

In all districts, on a corner lot within the triangular area formed by the center lines of streets from their intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of 3½ feet and the height of 10 feet above the average grade of each street at the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall. **Sight Distance for Various Street Widths** | Street Right-of-Way (feet) | Distance from Intersection (feet) | |---|---| | 80 or more | 120 | | 70 to 79 | 110 | | 60 to 69 | 100 | | 50 to 59 | 90 | | 40 to 49 | 80 | | Under 40 | 70 |

A. General provisions. 1. Permanent off-street automobile storage, parking or standing space shall be provided as set forth below at the time of the erection of any building or structure, at the time any building or structure is enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area or before conversion from one zoning use or occupancy to another. Such space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. Except in a driveway, no required front yard or portion thereof in any residential district shall be utilized to provide parking space required in this chapter. 2. If the vehicle storage space or standing space required by this chapter cannot be reasonably provided on the same lot on which the principal use is conducted, the Board of Appeals or Planning Board may permit such space to be provided on other off-street property, provided that such space lies within 400 feet of the main entrance to such principal use. Such vehicle parking space shall be deemed to be required open space associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. 3. Vehicle parking or storage space maintained in connection with an existing and continuing principal building, structure or land use on the effective date of this chapter shall be continued and may not be counted as serving as a new building, structure, addition or land use, nor shall any required parking space be substituted for an off-street loading and unloading space, nor any required loading and unloading space be substituted for parking space. 4. Combined parking; joint use. a. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use shall not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will be closed at night or on Sunday. b. In the case of two or more establishments on the same lot, the Planning Board may approve the joint use of parking areas with a total capacity of not less than 50% of the sum of the spaces required for cars, and using the same driveways giving access thereto, provided that the same Board finds that the proposed capacity will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments. Joint use of parking areas shall be subject to the following requirements: if a use enlarged or changed, the Planning Board shall have the discretion to require full compliance for each separate use upon finding that condition justifying joint use no longer exist. 5. No off-street automobile parking or storage space shall be used or designed, arranged or constructed in a manner that will obstruct the use of any street, alley or adjoining property. 6. The parking spaces provided along with their necessary driveways and passageways shall be paved in a manner adequate to eliminate dust and mud problems. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Code Enforcement Officer at the time application for zoning permits are to be filed. Such parking areas are kept free of obstructions and unsightly objects. Intersections of sidewalks and street pavement in parking areas with must be made in an approved manner to provide adequate drainage of parking areas. 7. No commercial motor vehicle of more than one-ton capacity shall be parked or stored overnight on the street in any residential district. 8. Each parking space shall be at least nine feet wide and 18 feet long. Backup and maneuvering aisles shall be at least 24 feet wide, as shall any street access, in order to accommodate two-way traffic, or 18 feet to provide one-way traffic. B. Detailed provisions. Parking spaces for the following uses shall be required as follows: 1. Amusement/recreation facilities: one parking space for every five customers computed on the basis of maximum servicing capacity at any one time, plus additional space for every two persons regularly employed on the premises. 2. Apartments (multifamily dwellings, row houses or townhouses): one and one-half parking spaces for each dwelling unit. 3. Auditoriums, public assembly and stadiums: one parking space for every three persons to be based on the maximum design capacity of the building. 4. Bed-and-breakfast/boardinghouse: one parking space for each sleeping room occupied by roomers or boarders, plus one parking space for each dwelling unit on the premises and one additional space for every employee on the premises. 5. Churches: as listed under Subsection B(3) for auditoriums. 6. Clubhouses and permanent meeting places of veterans, business, civic, fraternal, labor and other similar organizations: one parking space for every 50 square feet of aggregate floor area in auditorium, assembly hall and dining room of such building, plus one additional space for every two persons regularly employed on the premises. 7. Dental and medical clinics: three parking spaces for each doctor or dentist, plus one additional space for every employee. 8. Eating establishments/restaurants: one parking space for every 100 square feet of total floor area. 9. Electrical shops/plumbing: parking or storage space for all vehicles used directly in conduct of the business, plus one parking space for each two persons regularly employed on the premises. 10. Funeral homes: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for every two persons regularly employed on the premises and one space for every six seats in the auditorium or chapel at such establishment. If the establishment does not have a chapel or auditorium, the additional parking to be required for funeral visitors shall be determined by the Board of Appeals based on the number of funerals that can be handled at one time, the size of the facilities and other relevant factors. 11. Hotels: one parking space for each sleeping room offered for tourist accommodation, plus 1/2 for each dwelling unit on the premises and one additional space for every one person regularly employed on the premises. 12. Indoor retail or service business: parking or storage space for all vehicles used directly in the conduct of such use, plus one parking space for every two employees and one space for every 150 feet of retail or service space. 13. Industrial plants and facilities: parking or storage space for all vehicles used directly in the conduct of such industrial use, plus one parking space for every three employees on the premises for the two largest shifts. 14. Public/private schools: one parking space for every five seats, occupied at maximum capacity in the assembly hall, stadium or gymnasium of greatest capacity on the school grounds or campus. If the school has no assembly hall, auditorium, stadium or gymnasium, one parking space shall be provided for each person regularly employed at such school, plus two additional spaces for each classroom. 15. Libraries: parking or storage space for all vehicles used directly in the operation of such establishment, plus four parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area. 16. Motels: as required in § 200-30. 17. Museums: parking or storage space for all vehicles used directly in the operation of such establishment, plus four parking spaces for the first 1,000 square feet of total floor area and one additional space for every additional 150 square feet of floor area. 18. Nursing homes: one parking space for every two beds computed on the basis of the maximum bed capacity of the structure. 19. Offices: one parking space for every 200 square feet of office space. 20. Outdoor retail business: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for every two persons employed on the premises and such additional space as may be required by the Planning Board based on the nature of the business and other related factors. 21. Repair shops: as listed under Subsection B(9) for electrical shops. 22. Public garages: indoor or outdoor parking or storage space for all vehicles used directly in the conduct of such business, plus three parking spaces for each person regularly employed on the premises. 23. Residences: one parking space for each dwelling. 24. Self-service laundries and/or dry-cleaning plants: one parking space for every two washing machines and/or two dry-cleaning machines. 25. Service stations; motor vehicle repair: parking or storage space for all vehicles used directly in the conduct of the business, plus one parking space for each gas pump, three spaces for each grease rack and one space for every two persons employed on the premises at maximum employment on a single shift. 26. Theaters: as listed under Subsection B(3) for auditoriums. 27. Transportation terminals: one parking space for every 100 square feet of waiting room space, plus one additional space for every two persons regularly employed on the premises. 28. Wholesale businesses: parking or storage space for all vehicles used directly in the conduct of such business, plus one parking space for each two persons employed on the premises based on maximum seasonal employment.

Parking areas shall comply with all applicable federal, state and local requirements of the Americans with Disabilities Act.

Two EV charging stations for customer use shall be provided in parking lots of 40 or more parking spaces. The EV charging stations shall count towards the total amount of required parking under § 200-33B and be used exclusively for EV Parking.

No parking shall be permitted in a front yard. Parking spaces located in the side yard shall be substantially screened from public view and shall be located behind the front building line. See Diagram 10 in Appendix A, Attachment 200c. One and two family residential structures are not subject to this provision.

In order to encourage safe and convenient traffic circulation, the Planning Board may require that adjacent parking areas be connected to one another or to a service road or access drive wherever feasible. If such a connection cannot be made, the Planning Board may require the property owner to reserve areas on the site for future interconnection, in a manner approved by the Planning Board Attorney. For examples of interconnected parking lots, see Illustrated Sketch Plans 2 and 3.

12. Indoor retail or service business: parking or storage space for all vehicles used directly in the conduct of such use, plus one parking space for every 250 square feet of building area for retail uses and every 300 square feet for service business uses.

A. General provisions. On the same premises, with every building or structure or part hereof hereafter erected and occupied for the purpose, there shall be provided and maintained adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street, alley or adjoining property. Off-street loading and unloading space shall be provided as set forth below at the time of erection of any building or structure and/or at the time any building or structure is enlarged or increased in capacity. B. Detailed provisions. 1. Hotels: one off-street loading and unloading space at least 12 feet by 35 feet by 14 feet high. 2. Indoor markets: one off-street loading and unloading space at least 12 feet by 55 feet by 14 feet high for every 7,500 square feet or less of total floor area. 3. Industrial plants: one off-street loading and unloading space at least 12 feet by 55 feet by 14 feet high for every 10,000 square feet of total floor area.

A. General provisions. On the same premises, with every building or structure or part thereof hereafter erected and occupied for the purpose, there shall be provided and maintained adequate space for the parking of commercial vehicles while loading and unloading off the street or public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the use of any street, alley or adjacent property. Off-street loading and unloading space shall be provided as set forth below at the time of erection of any building or structure and/or at the time any building or structure is enlarged or increased in capacity. Loading docks and storage areas shall be provided at the rear or side of the building. The Planning Board may require that loading docks be screened by walls, fencing, or landscaping as approved by the Planning Board. The Planning Board may require shared access to loading docks through the use of common loading zones or service roads of adjacent buildings. Truck traffic and loading operations shall not interfere with pedestrian and automobile traffic.

No sports arena or other place of assembly having a capacity of more than 1,000 persons shall have entrances or exits on other than streets that have been designated as primary or secondary streets in the Master Plan. Where feasible, access should not be on streets intended primarily for residential use.

B. All motor vehicle service stations shall be so arranged as to require all servicing on the premises and outside the public right-of-way. All fuel pumps shall be located to the rear of the principal structure. On a corner lot, the principal structure(s) must be located along both frontages with the pumps to the rear.

Satellite dish antennas may be installed subject to the following conditions: A. No more than one satellite dish antenna shall be allowed on any lot. B. All satellite dish antennas shall be properly anchored as determined by the Code Enforcement Officer. C. The construction and installation of satellite dish antennas shall conform to all applicable building codes and other regulations and requirements. D. Satellite dish antennas shall be adequately grounded. E. Subject to the provisions contained herein, satellite dish antennas shall be located only in the rear yard of any lot. Notwithstanding the foregoing, a satellite dish antenna may be located on a lot greater than five acres in any location that is setback at least 100 feet from a public road and 100 feet from adjoining property lines, provided that it is not visible from a public road. F. The color of the antenna should be compatible with its surroundings. G. A landscaped evergreen planting screen shall be provided for any ground-mounted satellite dish antenna to screen it from the view of adjacent lots and public view, unless such screening interferes with signal reception. H. A satellite dish antenna shall not be located less than 10 feet from any easement. I. A satellite dish antenna shall not exceed a diameter of 12 feet. J. Wiring between a ground-mounted satellite dish antenna and a receiver shall be placed beneath the surface of the ground.

(5) Permitted signs. In the following districts, the following signs shall be permitted: (a) In residence districts: [1] A real estate sign not larger than 12 square feet only when placed on the property for sale or rent. [2] Any sign necessary for the identification, operation or protection of a public utility installation. [3] Any sign incident to a legal process or necessary to the public welfare. [4] One bulletin board not exceeding eight square feet in area for a church, or other nonprofit institution. [5] One home occupation sign not exceeding two square feet in area per dwelling. [6] Temporary signs displayed only to advertise campaigns, drives or events sponsored by civic, nonprofit, educational or religious institutions for a period of greater than 30 days. (b) In a business or industrial districts: [1] Signs as permitted in residence districts. [2] Business or identification signs not exceeding 12 square feet for a projecting or hanging sign; or 24 square feet for any sign parallel to and flat against the facade of a building; or 15 square feet for a freestanding sign. [3] Where buildings are set back from the roadway by greater than 50 feet, an attached wall sign not exceeding 60 square feet. [4] One home occupation sign not exceeding two square feet in area per dwelling. [5] See Subsection A(1)(e).

In a business district, notwithstanding the prohibition on internally illuminated signs in A(1)(e) and A(3)(a), one internally illuminated window sign per business not to exceed 1.5 square feet (216 square inches) which is illuminated with a constant intensity, no flashing, intermittent or moving lights, only illuminated during business hours, and further subject to all other limitations in 200-38 including but not limited to the limitation that signage located in a window or door shall not occupy more than 25% of the glazing area of that window or door.

The storage of alcohol, gasoline, crude oil, liquefied petroleum gas or any other highly flammable liquid in aboveground tanks in an amount greater than 550 gallons shall be permitted only when such tanks up to and including 10,000 gallons' capacity are placed not less than 50 feet from all property lines and when all such tanks of more than 10,000 gallons' capacity are placed not less than 100 feet from all property lines. Any such storage having a capacity greater than 550 gallons shall be properly diked with earthen dikes having a capacity not less than 1½ times the capacity of the tank or tanks surrounded.

A. A private swimming pool installed or maintained as an accessory use where permitted in Article III shall meet the following requirements. B. A private swimming pool shall be used only as an accessory use to a dwelling or to a special permit use where permitted in Article III for the private use of the owner or occupancy of such dwelling or building and his or her family, guests or employees.

A temporary permit may be issued by the Code Enforcement Officer for a period not exceeding one year for a nonconforming use incident to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on the tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed yearly, upon application to the Code Enforcement Officer, for an additional period of one year.

The lawful use of any land or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective may be continued, although such use does not conform with the provisions of this chapter, except as otherwise provided in this article.

When a nonconforming use of land or a building or a structure has been discontinued it shall not thereafter be reestablished, and the future use of the land, building or structure shall be in conformity with the terms of this chapter. For purposes of this article, discontinuance is defined as: 1) vacancy of the land or building without regard for owner's intention to relet or reuse the space for a continuation of the nonconforming use or discontinuance of the use for not less than six months; or 2) manifestation of a clear intent on the part of the owner to abandon the nonconforming use.

No nonconforming use shall be changed to other than a conforming use for the district in which it is situated and any manner of expansion of a nonconforming use, including, but not limited to, increasing the size, square footage, intensity and hours of operation, shall be prohibited.

A nonconforming structure may continue in accordance with this provision and is hereby required to be maintained in such condition as will not constitute a danger to safety, health or general welfare of the public. Alterations of a nonconforming structure are permitted to make a structure less nonconforming or to comply with the provisions of this chapter and applicable federal, state and county laws and regulations, provided that such alterations shall not increase any such existing nonconformity and a site plan for the alteration has been reviewed and approved by the Planning Board. When reviewing an application for an alteration to a nonconforming structure, the Planning Board shall consider the recommendations of the Village of Red Hook Pattern Book and Architectural Guides.

Damage to a nonconforming building or structure or damage to a building or structure containing nonconforming use shall be regulated as follows: A. Fifty percent damage or more. Any building or structure containing a nonconforming use or any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of 50% or more of its fair sales value immediately prior to damage shall not be reoccupied, reused, repaired and/or reconstructed, except in conformity with the provisions of this chapter. B. Damage more than 25%, less than 50%. Any building or structure containing a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of more than 25% but less than 50% of its fair sales value immediately prior to damage shall not be repaired or reconstructed, except in conformity with this chapter, unless such reconstruction is completed within 12 months of the damage. A nonconforming building or structure so damaged shall not be repaired or reconstructed, except in conformity with the provisions of this chapter.

A. Nonconforming use under construction at the time of this enactment or subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter and unless the provisions of Subsection B below are observed. B. Permit to continue nonconforming use under construction at the time of this enactment. Not more than 30 days after the enactment of this chapter, a permit shall be obtained from the Code Enforcement Officer for each building or structure under construction as of the date of enactment of this chapter. Irrespective of whether such construction conforms with the terms of this chapter, any structure so permitted shall be allowed to be completed in accordance with plans filed at the time of the application for the permit. After filing of plans with the Code Enforcement Officer, alteration or additions to such plans, except as may be in conformity with the terms of this chapter, shall not be permitted. C. Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter for which permits are not obtained, as provided in Subsection B previously mentioned, shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter after the securing of a zoning permit as hereinafter provided.

The limitations of § 200-46 and the requirements of § 200-16 shall not apply to a residential use which is nonconforming only in respect to yard space or area per dwelling or nonconforming to the district in which located. However, no such residential use shall be built to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.

In enforcing the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public safety, convenience, prosperity and general welfare for the village. A. Code Enforcement Officer. 1. The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer appointed by the Village Board, who shall have the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this chapter. 2. It shall be the duty of the Code Enforcement Officer to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted and the same shall form a part of the records of his office and shall be available for use of the village and other officials. The Code Enforcement Officer shall not issue a permit for the construction of any building or use of any property unless such building or use conforms to all other ordinances of the village, all applicable regulations of the county and all laws of the state. B. Zoning permit. 1. Requirement. It shall be unlawful to commence the excavation for or the construction of any building or structure, including accessory buildings, or to commence the moving or alteration of any building or structure, including accessory buildings, until the Code Enforcement Officer has issued a permit for such work. 2. Demolition permit. Demolition permits shall be as per the New York State Code of Rules and Regulations. Planning Board approval shall be required. 3. Application for permit. In applying to the Code Enforcement Officer for a zoning permit, the applicant shall submit specifications and a dimensioned plan, to scale, indicating the shape, size, height and location in exact relation to all property lines and to street or road lines of all buildings or structures to be erected, altered or moved and of any building or structure already on the lot. This plan shall be accompanied by a written statement from a qualified engineer or other satisfactory evidence, to the effect that the line of the bounding street or road has been accurately located and staked on the ground. If the application involves a change in use that does not affect alteration of the exterior of a building, a change in the size or location of signage or an increase in parking, the Code Enforcement Officer may waive the plot plan requirements. The applicant shall, in any case, state the existing or intended occupancy and use of all such buildings and land and supply other information as may be required by the Code Enforcement Officer to ensure that the provisions of this chapter are being observed. 4. Issuance. If the proposed excavation or construction or alteration or moving as set forth in the application is in conformity with the provisions of this chapter and other ordinances of the village then in force, the Code Enforcement Officer shall issue a permit for such excavation, construction, alteration or moving. 5. Refusal. If a zoning permit is refused, the Code Enforcement Officer shall state such refusal, in writing, with the cause and shall immediately mail notice of such refusal to the applicant at the address indicated on the application. 6. Effect. The issuance of a permit shall in no case be construed as waiving any provision of this chapter. 7. Term. A zoning permit shall become void six months from the date of issuance unless substantial progress has been made since that date on the project described therein; provided, however, that the zoning permit may be renewed for an additional six months upon application therefor without the payment of an additional fee. C. Certificate of occupancy. 1. Requirement. No land or building or other structure or part thereof hereafter erected or altered in its use or building or structure shall be used or occupied until the Code Enforcement Officer shall have issued a certificate of occupancy stating that such land, building, structure or part thereof and the proposed occupancy or use thereof are found to be in conformity with the provisions of this chapter. 2. Issuance. Within five days after notification that a building or structure or premises or part thereof is ready for occupancy or use, it shall be the duty of the Code Enforcement Officer to make a final inspection thereof and issue a certificate of occupancy if the land, building, structure or part thereof is found to conform with the provisions of this chapter. 3. Refusal. If the Code Enforcement Officer after such final inspection refuses to issue a certificate of occupancy, he shall state such refusal, in writing, with the cause, and immediately thereupon mail notice of such refusal to the applicant at the address indicated on the application. D. Sign permit. 1. Application for permit shall be made by completion of appropriate forms provided by the village's Code Enforcement Officer. 2. The applicant shall furnish a properly scaled drawing showing construction details of the sign, including the lettering and design matter on the sign, sign colors, sign height, type and position of lighting; and a location plan showing the position of all signs in relation to building, streets or sidewalks, including the location of any other sign or signs on the property. 3. The applicant shall provide some written consent of the owner of the building, structure or land or an authorized representative on which the sign is to be erected in the event that the applicant is not the owner. 4. It shall be the duty of the Code Enforcement Officer to send to the Planning Board, for review and examination, such plans, specifications and other data submitted, and the Planning Board shall confirm that they are in compliance with all requirements of the village's ordinances. Upon approval by the Planning Board, the Code Enforcement Officer shall then issue a permit for the erection of the proposed sign. In the event that plans submitted do not meet requirements of local laws and ordinances of the Village of Red Hook, the Code Enforcement Officer shall notify the applicant, in writing, of the reason for refusal to issue said permit. 5. If an authorized sign is not erected within six months of the date the sign permit is granted, the permit shall become null and void and new application must be made. 6. If the erection, movement or alteration of a sign is undertaken as part of a site development that is subject to site plan review, then the approval of that site plan shall include the issuance of an appropriate sign permit.

A. Creation, composition and appointment. 1. Creation. A Board of Appeals is hereby established. 2. Composition. The Board of Appeals shall consist of five members. 3. Appointment. The Board of Trustees of the Village shall appoint the members of the Board of Appeals and shall designate its Chairman. No person who is a member of the Village Board shall be eligible for membership on such Board of Appeals. Of the members of the Board first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successors shall be appointed for the term of five years from and after the expiration of the term of their predecessors in office. 4. Removal. The Board of Trustees shall have the power to remove any member of the Board for cause, after a public hearing. 5. Vacancies. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. B. General procedures. 1. Meetings. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as such Board may determine. All meetings of such Board shall be open to the public. 2. Oaths. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. 3. Minutes. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and with the Village Clerk and shall be a public record. C. Powers. The Board of Appeals shall have the following powers: 1. Interpretation. To hear and decide appeals from aggrieved parties regarding the interpretation or application of this chapter or to hear and decide upon inquiries from any party to clarify or interpret certain provisions of this chapter. A concurring vote of a majority of the members of the Board shall be necessary to make a determination or to decide in favor of the applicant. 2. Variance. a. To hear applications for variance from the terms of this chapter as will not be contrary to public interest where, owing to unique conditions, a literal enforcement of the provisions of this chapter, will result in unnecessary hardship, while adhering to the spirit of this chapter and doing substantial justice. Financial disadvantage to the property owner is no proof of hardship within the purpose of zoning. Hardship must be unique and must arise from either a natural or man-made condition of the land upon which a use not in conformance with the literal terms of this chapter is proposed. Specifically, no variance shall be granted by the Board of Appeals unless: [1] It finds that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land or building for which such variance is sought; that the granting of the variance is necessary for the reasonable use of such property; and that the variance granted the Board is the minimum variance that will accomplish this purpose; [2] It finds that there are special circumstances or conditions applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act of the applicant subsequent to the adoption of this chapter; and [3] It finds that the granting of the variance will be in harmony with the general purpose of this chapter, will not be injurious to the neighborhood and will not alter the essential character of the locality. b. In granting a variance, the Board of Appeals may prescribe appropriate conditions or safeguards that are necessary or desirable to carry out the requirements of this section. c. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to grant a variance. d. The Zoning Board may refer any request for variance from the terms of this chapter to the Planning Board for an advisory report. Such report shall be limited to those site plan considerations specified in § 200-16C relating to the subject proposal. The Zoning Board of Appeals cannot take final action until receipt of such report from the Planning Board or until after the passage of 30 days from such referral. In the event that the Planning Board does make a report on the matter, the entire report is to be read at the meeting at which the request for variance is considered by the Board of Appeals and is to be included in the minutes of the meeting. 3. Reference to Dutchess County Planning Department. In accordance with the policy and procedures provided for by §§ 239-1 and 239-m of the General Municipal Law, any proposed special permit or variance affecting real property within 500 feet of the boundary of the Village of Red Hook or from the boundary of any existing or proposed county or state park or other recreational area or from the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines or from the existing or proposed boundary of any state-owned land on which a public building or institution is situated shall be referred to the Dutchess County Planning Department. The term "proposed" shall be deemed to include only those recreational areas, parkways, thruways, expressways, roads or highways are shown on a County Plan of Dutchess County adopted pursuant to § 239-d, Subdivision 2, of the General Municipal Law or adopted as an Official Map of Dutchess County pursuant to § 239-g of the General Municipal Law. If the Dutchess County Planning Department fails to report within 30 days after receipt of a full statement of such referred material, the Board of Appeals may act without such report. If the Dutchess County Planning Department disapproves the proposal or recommends modifications thereof, the Board of Appeals shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution setting forth the reasons for the contrary action. D. Special procedures relative to request for interpretation or appeal for variance. 1. Application for variance. Application for variance shall be made to the Code Enforcement Officer. Upon his determination that a permit cannot be issued without action by the Board of Appeals, he shall, within five days of receipt, transmit such application to the Board of Appeals for necessary action. 2. Application for interpretation. Application for interpretation shall be made to the Code Enforcement Officer. The Code Enforcement Officer shall, within five days of receipt, transmit all papers constituting the record upon which the appeal or inquiry is based to the Board of Appeals. 3. Time of appeal. Notice of appeal shall be filed within 60 days from the date upon which the notice of refusal of the zoning permit is mailed by the Code Enforcement Officer. Failure to file notice of appeal within 60 days shall constitute a waiver of the right to appeal. 4. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the Code Enforcement Officer and on due cause shown. E. Hearing; notice; public notice; notice to property owners; decision and costs. 1. Hearing. The Board of Appeals shall fix a reasonable time for the hearing of any application for variance or the hearing of an interpretation. 2. Notice. The Board of Appeals shall give due notice to the parties. Notice of an application for an interpretation or variance shall also be given by registered mail at least 10 days prior to the date of the hearing to all persons, firms or corporations owning property or residing within 200 feet of the location of the property upon which its use is proposed to be established. 3. Decisions and costs. Upon the hearing, any party may appear in person or by agent or by attorney, and the Board of Appeals shall decide the application for variance or request for interpretation within 62 days after the final hearing, as provided by the Village Law. All costs of such publication and notice shall be paid by the applicant. F. Provisions of appeal. If the variance is granted or the issuance of a permit is finally approved or other action by the appellant or applicant is authorized, the necessary permits shall be subject to the terms of § 200-49B(7). Should the appellant or applicant fail to comply with these provisions, it shall be conclusively presumed that the appellant or applicant has waived, withdrawn or abandoned his appeal or his application, and such permission, variances and permits to him granted shall be deemed automatically rescinded by the Board of Appeals. G. Scope. In exercising the above-mentioned power, such Board of Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have the powers of the officer from whom the appeal is taken. Notice of such decision shall be given forthwith to all parties in interest. H. Recourse. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals or any officer, department, board or bureau of the village, may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules.

A. Where the Village Board, Planning Board or the Zoning Board of Appeals uses the services of private engineers, attorneys or other consultants for purposes of engineering, planning, environmental or legal reviews of the adequacy or substantive details of applications, or issues raised during the course of review of such applications, for special permit approvals under Article IV of this chapter, site plan approvals under Article IV of this chapter, subdivision approvals under the applicable provisions of the Village Code, use or area variances or interpretations under Article VII of this chapter, applications for rezoning of parcels to accommodate site-specific land development proposals or otherwise, applications for permits to extract topsoil or natural resources under the applicable provisions of the Village Code, or for any other or ancillary land use or development permits or approvals required under the Village Code, as well as to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals, the applicant and landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and necessary costs of such services. In no event shall that responsibility be greater than the actual cost to the Village of such engineering, legal or other consulting services. B. The Village Board, Planning Board, or Zoning Board of Appeals, through or with the assistance of Village staff, may require advance periodic monetary deposits, to be held on account of the applicant or landowner, by the Village of Red Hook to secure the reimbursement of the Village's consultant expenses. When an initial deposit is required upon the filing of the application, that deposit shall not exceed 50% of the average cost of such services for applications of similar type, size and complexity based upon the Village's experience over the preceding period of three years. The Village may make payments from the deposited funds for engineering, legal or consulting services, after audit and approval by the Village Board of itemized vouchers for such services. The Village shall supply copies of such vouchers to applicant and/or landowner, appropriately redacted where necessary to shield legally privileged communications between Village officers or employees and the Village's consultants. When it appears that there may be insufficient funds in the account established for applicant or landowner by the Village to pay current or anticipated vouchers, the Village shall cause the applicant or landowner to deposit additional sums to meet such expenses or anticipated expenses. C. The Village Board shall review and audit all vouchers and shall approve payment only of such engineering, legal and consulting expenses as are reasonable in amount and necessarily incurred by the Village in connection with the review and consideration of applications for land use or development approvals, or for the monitoring, inspection or enforcement of permits or approvals or the conditions attached thereto. For the purpose of this review and audit, a fee shall be "reasonable in amount" if it bears a reasonable relationship to the average charge by engineers, attorneys or other consultants to the Village for services performed in connection with similar applications and, in this regard, the Village Board may take into consideration the complexity both legal and physical of the project proposed, including the size, type, and number of buildings to be constructed, the amount of time to complete the project, the topography of the land on which such project is located, soil conditions, surface water, drainage conditions, the nature and extent of highways, drainage facilities, utilities or parks to be constructed and special conditions or considerations as the Village Board may deem relevant. A fee or part thereof is "necessarily incurred" if it was charged by the engineer, attorney, or consultant for a service which was rendered in order to protect or promote the health, safety, or other vital interests of the residents of the Village, protect public or private property from damage from uncontrolled surface water runoff and other environmental factors, assure the proper and timely construction of highways, drainage facilities, utilities and parks, protect the legal interests of the Village including receipt by the Village of good and proper title to dedicated highways and other facilities, the correction of defects arising during any postdedication maintenance period and the avoidance of claims and liability and such other interests as the Village Board may deem relevant. D. The owner(s) of the subject real property, if different from the applicant, shall be jointly and severally responsible to reimburse the Village of Red Hook for funds expended to compensate for services rendered to the Village under this section by private engineers, attorneys or other consultants. In order for a land use application to be complete, the applicant shall provide the written consent of all owners of the subject real property, both authorizing the applicant to file and pursue land development proposals and acknowledging potential landowner responsibility, under this section, for engineering, legal and other consulting fees incurred by the Village. In the event of failure to reimburse the Village for such fees, the following shall apply: 1. The Village may seek recovery of unreimbursed engineering, legal and consulting fees by action venued in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorney's fees expended by the Village in prosecuting such action. 2. Alternatively, and at the sole discretion of the Village, a default in reimbursement of such engineering, legal and consulting fees expended by the Village shall be remedied by charging such sums against the real property which is the subject of the land development application, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Village. Such charges shall be levied and collected at the same time and in the same manner as Village-assessed taxes and shall be applied in reimbursing the fund from which the costs were defrayed for the engineering, legal and consulting fees. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Village Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.

The Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, is adopted as a statement of land use policies, principles and guides. In its discretionary actions under this chapter, the reviewing agency shall be guided by said statement of policies, principles and guides. A copy of the Greenway Connections is available for inspection and copying in the office of the Village Clerk and available online.

The Zoning Map attached to the Zoning Law as 200 Attachment 2, last revised September 12, 2016, and any subsequent zoning maps adopted by the Village of Red Hook, are hereby deleted and replaced with the new Zoning Map entitled "Village Zoning Map, Village of Red Hook", dated October 15, 2021, as attached hereto as Exhibit A. Said map shall be updated with the date of adoption of this local law upon adoption.