Esopus City Zoning Code
ARTICLE V
Density, Area and Bulk Regulations, Off-Street Parking
§ 123-23 Schedule of District Area and Bulk Regulations.
Zoning Districts | Minimum Lot Requirements2 | Minimum Yard Requirements2 | ||||||
|---|---|---|---|---|---|---|---|---|
Minimum Lot Area1 (square feet) | Width (feet) | Depth (feet) | Front (feet) | Side (feet) | Rear (feet) | Maximum Height (feet) | Maximum Coverage (percent of site area) | |
RF-1 | 200,000 | 300 | 500 | 75 | 50 | 100 | 35 | 5% |
RF-2 | 100,000 | 200 | 300 | 50 | 30 | 75 | 35 | 10% |
R-40 | 40,000 | 100 | 150 | 40 | 20 | 35 | 35 | 15% |
R-12, served by: | ||||||||
Central S and W | 12,500 | 100 | 100 | 30 | 15 | 30 | 35 | 30% |
Central S or W | 25,000 | 100 | 100 | 30 | 15 | 30 | 35 | 17.5% |
No S or W | 40,000 | 100 | 150 | 40 | 20 | 35 | 35 | 15% |
RG and BC, served by Central S and W4 | 7,500 | 50 | — | 4 minimum; 10 maximum | 10 | 20 | 35 | 65% |
NC3 | 20,000 | 100 | 100 | 20 | 20 | 30 | 35 | 20% |
GC-13 and GC-23 | 40,000 | 150 | 150 | 40 | 20 | 50 | 35 | 20% |
LI | 2 acres | 200 | 200 | 30 | 50 | 50 | 35 | 20% |
HI | 10 acres | 500 | 500 | 100 | 100 | 100 | 50 | 20% |
W | — | 100 | — | 20 | 20 | 20 | 35 | — |
WR | — | 100 | — | 20 | 20 | 20 | 15 | — |
NOTES: | |
W = Water; S = Sewer | |
1 | Refer to § 123-24B to calculate the base density and maximum number of dwelling units that may be built on a parcel or the maximum number of new parcels that may be created through subdivision. |
2 | |
3 | Lot area and dimensions for residences shall be as required for the R-12 District. |
4 | The minimum lot size and density for parcels not served by both municipal water and sewer shall be as required for the R-12 District. |
§ 123-24 Supplementary regulations on density, area and bulk.
A.
Minimum width of detached one-family dwellings. All detached one-family dwellings shall be a minimum of 18 feet in width. Any detached one-family dwelling less than 18 feet in width shall only be permitted within the Manufactured Home Overlay District.
B.
Base density. Unless indicated otherwise, the following process shall be used to calculate the number of dwelling units that may be built on a parcel and to determine the maximum number of new parcels that may be created through subdivision.
(1)
Base density is the measurement of the capacity of a parcel or parcels to support development sites expressed as a number of dwelling units, establishments or lots.
(2)
Property served by both municipal water and sewer shall not be required to remove constrained land, except easements, when calculating base density. All property not served by both municipal water and sewer shall be required to remove all constrained lands to calculate base density.
(3)
Calculating base density. Base density shall be calculated by the following procedure:
(a)
Step 1: Determine the acreage of constrained land, which is the combined area on a parcel covered by existing buildings (unless said buildings are proposed to be removed), surface water bodies, NYSDEC-regulated freshwater wetlands, federally regulated wetlands, 50% of acreage covered by 100-year floodplains, entire floodways, easements and lands with slopes of 20% or greater (measured over a fifty-foot horizontal distance).
(b)
Step 2: Calculate the gross buildable acreage by subtracting the constrained acreage from the total acreage of the parcel.
(c)
Step 3: Calculate the base density by dividing the gross buildable acreage by the minimum lot area for the involved zoning district as set forth in § 123-23, Schedule of District Area and Bulk Regulations.
(d)
Step 4: Base density having fractional units equal to or greater than 0.5 may be rounded up.
(4)
Apartments and townhouse maximum dwelling units. To calculate the potential maximum dwelling units for apartments and townhouse dwellings, refer to § 123-12C(2).
C.
Principal buildings/uses per lot.
(1)
Residential uses. Except where otherwise indicated by this chapter, no more than one one-family dwelling or no more than one two-family dwelling may be placed on a lot in any district where such use is permitted.
(2)
Nonresidential uses. Except where otherwise indicated by this chapter, one or more nonresidential uses may be placed on a lot in any district where such uses are permitted.
(3)
Two or more nonresidential uses on one lot. When two or more nonresidential uses are located on one lot, whether in one or more buildings, they shall constitute one use for the purposes of calculating the minimum lot area required for mixed uses, in accordance with § 123-24I and § 123-23, Schedule of District Area and Bulk Regulations.
D.
Height exceptions. Unless specifically stated otherwise, the height limitations of this chapter, as shown on the Schedule of District Area and Bulk Regulations, shall not apply to the following structures, subject to Subsection D(1) and D(2) of this section: church spires, belfries, cupolas and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level; parapet walls or cornices, provided that they do not exceed the height limit by more than 10 feet; radio or television antennas accessory to a residential use, public utility transmission towers or cable.
(1)
No such structure shall, in its aggregate coverage, occupy more than 10% of the roof area on which it is located or 5% of the lot area, if freestanding.
(2)
Any such proposed structure exceeding 50 feet in height shall be permitted only by special permit issued by the Planning Board.
(3)
Where the lot has frontage on two or more streets or other public rights-of-way, the height limitation on a nonresidential building shall apply only as measured from the curb level along the street with the higher elevation above sea level.
E.
Transition requirements for district boundaries.
(1)
Where a lot in a GC-1, GC-2 or LI District abuts a lot in a residential district, there shall be provided a yard of at least 100 feet in width in the nonresidential district. In said yard, a strip at least 50 feet wide abutting the residential district shall be kept free of roadways, parking or storage of any materials or goods and shall be suitably landscaped.
(2)
A lot in an HI District shall be surrounded on all sides which abut a lot in any other district by a yard of at least 150 feet in width, of which at least 100 feet adjacent to such other district shall be maintained as a landscaped buffer.
F.
Standards for yards and accessory buildings.
(1)
Corner lots.
(a)
On a corner lot, each side which abuts a street shall be deemed a front lot line. Of the remaining yards, one shall be determined to be the required side yard and one the required rear yard, at the discretion of the owner.
(b)
On a corner, no obstruction to vision more than 2 1/2 feet in height above street grade shall be erected, placed or maintained within the triangular area formed by the intersecting street lines of such lot and a straight line joining points along such street lines 15 feet distant from their point of intersection.
(2)
Front yard measurement.
(a)
The required front yard shall be measured from the abutting right-of-way or street line, except that, where such street right-of-way or street parcel is less than 50 feet in width, the required front yard shall be measured from a line 25 feet from and parallel to the center line of the abutting street parcel or right-of-way.
(b)
No proposed one- or two-family dwelling shall be required to have a setback greater than the average setback of the two existing dwellings with the greatest setbacks within 200 feet on each side of the said proposed dwelling, on the same side of the street, within the same block and the same district.
(3)
Shoreline setbacks for yards adjacent to waterways. Unless superseded elsewhere in this chapter, a principal structure shall be set back from the Hudson River, the Rondout Creek, lakes, ponds, or any protected stream by a distance equal to twice the required front yard in the district in which it is located. However, in the W and WR Districts, buildings or structures whose function requires a location at or nearer the water's edge shall not be bound by any yard requirement.
(4)
Double frontage. For any through lot, fronting on parallel or abutting streets, except in the BC and RG Districts, both frontages shall comply with the front yard requirements of the district in which it is located. Within the BC and RG Districts, one street shall be chosen as the primary street from which front yard setbacks shall be measured. In most cases within the BC District, US Rt. 9W (Broadway) shall be serve as the primary street from which front yard setbacks shall apply, while within the RG District, US Old Rt. 9W is anticipated to serve as the primary street.
(5)
Accessory buildings.
(a)
An accessory building may be located in any required side or rear yard, provided that:
[1]
Such building shall not exceed 15 feet in height.
[2]
Such building shall be set back five feet from any lot line and shall not be located less than 10 feet from the principal building.
[3]
All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear or side yard.
(b)
Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
(c)
An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.
(6)
Encroachments in required yards. The space in any required yard shall be open and unobstructed except as follows:
(a)
Window sills, bay windows, cornices, eaves and other similar architectural features shall be permitted to project no more than four feet.
(b)
Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot, except within the sight triangle described in § 123-24F(1)(b). Fences or walls with a height in excess of 6 1/2 feet but less than 15 feet shall comply with the standards for accessory structures, and those in excess of 15 feet high shall conform to the setback and height requirements set forth herein for principal buildings.
(c)
Paved areas, other than what is needed for access to the lot, shall not project within five feet of a street line or one foot of a lot line.
(d)
A roofed-over, but unenclosed, projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be exempt from front yard requirements when the building otherwise complies with all other yard requirements.
(e)
Open decks may extend into a required rear yard so long as no part of such deck is closer than 15 feet to a lot line. The deck surface shall be no more than three feet above the average grade of the land around its perimeter, and any sides or railings shall be no higher than four feet above the deck surface.
(7)
Waiver of yards. No side yard or rear yard shall be required in the LI, HI and W Districts, where such yard abuts an operating railroad right-of-way.
G.
Flag lots. The creation of flag lots, as defined in § 123-61 of this chapter, is permitted in accordance with the standards listed below, in addition to the standards of Chapter 107, Subdivision of Land, and other applicable regulations:
(1)
Minimum lot area. The minimum area of a flag lot shall be at least 1 1/2 times the required minimum lot area set forth in § 123-23 of this chapter. The area of an access strip portion of the flag lot shall not be counted towards meeting the minimum lot area requirements.
(2)
Front yard setback. The required minimum front yard setback of a flag lot shall be measured not from the street line of the flag lot but from the interior front lot line.
(4)
Access strip width. The minimum width of an access strip serving a flag lot shall be no less than 50 feet. The width of the access strip may not be reduced at any point along the entire length of the access strip.
(5)
Access strip length. The maximum length of the access strip shall be no greater than twice the required lot depth of the district in which the flag lot is located, except where the Planning Board determines that such a restriction is impractical or unwarranted.
H.
Frontage and access.
(1)
Frontage. The minimum frontage of any lot may be less than the minimum width requirement of the district in which the lot is located, but in no case shall the frontage be less than either 1/2 of the minimum required lot width or 50 feet, whichever is greater.
(2)
Access. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a mapped street or highway as stipulated in § 280-a of the New York State Town Law.
(3)
Open development. The Town Board may, by resolution, establish one or more open development areas within the Town, as provided for in § 280-a of the New York State Town Law, wherein permits may be issued for the erection of structures to which access is given by right-of-way or easement, upon such conditions and subject to such limitations as may be prescribed by the Planning Board. The Town Board, before establishing any such open development areas, shall refer the matter to the Planning Board for its advice and shall allow the Planning Board a reasonable time to report.
(4)
Access approvals. Any proposed new access points for a lot or any existing access for a lot for which a change of land use is contemplated shall be reviewed and approved by either the New York State Department of Transportation, the Ulster County Department of Public Works or the Esopus Town Highway Department.
(5)
Driveways. No driveway shall provide access to a lot located in another district to serve a use which is not permitted in the district in which the driveway is located.
I.
Mixed-use/mixed-use occupancy developments. Unless otherwise indicated, the following minimum requirements for mixed-use/mixed-use occupancy developments shall apply.
(1)
Subsequent approvals for mixed-use/mixed-use occupancy developments. When the Planning Board approves a building with more than one nonresidential use on any individual parcel of land, it is not necessary for each individual occupant of the building to obtain site plan or special use permit approval. The site plan approval or special use permit issued for the mixed-use building shall cover all permitted uses therein, unless otherwise required by the Planning Board during applicable approvals. Tenants shall be required to obtain individual sign permits and where applicable certificate of occupancies, building permits and other such approvals that may be required.
(2)
Nonresidential mixed-uses. Two or more nonresidential uses located on one lot, whether in one or more separate buildings, shall constitute one use for the purposes of calculating the minimum lot area required for the mixed-use.
(3)
Residential and nonresidential mixed-use. When residential and nonresidential uses are located on one lot whether in one or more buildings, the nonresidential use or uses shall constitute one use for the purposes of calculating the minimum lot area required for the mixed-use. The residential use shall constitute a separate use and the minimum lot area per dwelling unit shall apply in accordance with § 123-24I(4) below and § 123-24B.
(4)
Required lot area for permitted residential and non-residential mixed-uses located on the same lot, whether in the same building or not.
§ 123-25 Average density development (cluster subdivision).
A.
Authority of Planning Board. In accord with the authority granted pursuant to § 278 of the Town Law, the Planning Board may, upon request, vary the zoning requirements as to lot size, width and yard requirements in connection with a proposed subdivision plat, subject to the standards and procedures contained below. The Planning Board is further authorized to require such modifications where it finds that it will be in the public interest to preserve significant natural features (such as wetlands, woods, drainage ways, waterfalls, streams, etc.) or important views or significant open spaces or recreation opportunities.
B.
Purposes. The purpose of modifications in accord with this section shall be to enable and encourage flexibility in design and development so as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands.
C.
Permitted uses. The permitted uses within a subdivision under this section shall be limited to those otherwise permitted in the zoning district in which it is located, including agricultural use and forest production.
D.
Development standards and controls. Except as specified herein, all development standards and controls otherwise applicable to residential subdivisions and uses shall also be applicable to a subdivision under this section.
(1)
Number of lots or dwelling units.
(a)
The maximum permitted number of lots or dwelling units within an average density subdivision shall not exceed the number that would be achieved if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district in which the land is situated and all other applicable requirements. The maximum number of lots or dwelling units shall be determined as follows:
[1]
The gross site area shall be reduced by 5% where a five acre lot is required, 10% where a 2 1/2 acre lot is required and 12.5% where a one acre lot is required to reflect the area that would be required for streets in a conventional subdivision.
[2]
The area thus derived shall be further reduced by the area of any existing permanent easements which preclude development and 66% of the area of any designated state or federal wetland or 100-year flood hazard area or slopes in excess of 20%.
[3]
The resulting net area shall be divided by the minimum required lot area in the district to derive the number of lots or dwelling units permitted.
(b)
As an alternate to the above formula, the applicant may submit a subdivision plat meeting all requirements of this chapter, the Land Subdivision Regulations,[1] the Ulster County Health Department and any other applicable local, county state or federal law or regulation that demonstrates that a greater number of lots could be achieved.
(2)
Average lot area.
(a)
Under this section, lots may be reduced in area below the minimum lot size required in the district, provided that the average size of lots created in the subdivision is not less than the minimum required in the district.
(b)
No lot shall have an area of less than one acre unless served by an approved municipal sewer and water system, in which case the area may be reduced to no less than 12,500 square feet.
(c)
Land in the subdivision not proposed for building site development shall be set aside as permanent open space for common ownership and use by all lot owners in the subdivision, dedicated to and accepted by the Town or a land conservancy, or a homeowners' association, if proposed, for use as a permanent open space or recreation area, or designated for permanent use for agricultural purposes or forest production. The area of such land may be included to determine the average lot size. All land designated as open space is to be served as such in accordance with the provisions of Subsection F below.
(3)
Lot dimensions. All lots shall comply with the minimum requirements of the Area and Bulk Schedule for the R-40 District unless served by a municipal water and/or sewer system.
E.
Review critical. In acting on a proposed plan, the Planning Board shall give particular consideration to the following criteria:
(1)
That the proposed subdivision will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
(2)
That individual lots, buildings and streets are designed and situated to minimize alteration of the natural site features to be preserved.
(3)
That any open space to be preserved includes irreplaceable natural features located in the tract (such as but not limited to streambeds, significant stands of trees, individual trees of significant size and rock outcroppings) to the maximum extent feasible.
(4)
That the proposed subdivision will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, water and sewer systems.
F.
Preservation of permanent open space. Land set aside as permanent open space shall be defined, described, and deeded as a single parcel of land, and further shall be protected by legal arrangements which are determined by the Planning Board, with the advice of the Town Attorney, to be sufficient to assure its maintenance and preservation as permanent open space.
G.
Prohibition to subdivide. The final plat shall include notation that any lot created under the provisions of this section, including permanent open space, shall not be resubdivided.
H.
Required use of average density procedures. The Planning Board may require that a proposed subdivision plat be modified in accordance with the provisions of this section when it finds that one or more of the following conditions exist:
(1)
The site contains a designated wetland.
(2)
Any portion of the site is within the 100-year flood hazard area.
(3)
The site is within an agricultural district certified pursuant to the Agricultural and Markets Law or includes soils classified within Soil Groups 1 through 4 of the New York State Land Classification System or is being used for forest production in accord with § 480-a of the Real Property Tax Law.
(4)
The site is located over a primary, principal or sole source aquifer.
§ 123-26 Off-street parking and loading standards.
Off-street parking and loading spaces shall be provided at the time a new use is established through construction of a new building or alteration or conversion of an existing building, in accord with the following standards and regulations.
A.
Off-street parking.
(1)
Required parking spaces. Off-street parking spaces shall be provided as follows, except where specifically waived in § 123-26A(2)(g) below. For any use not listed below or when interpretations are needed, the Planning Board shall determine off-street parking requirements when site plan review is required, while the Zoning Enforcement Officer/Building Inspector shall make said determination in all other cases.
Table 26-1: Off-Street Parking Standards | |
|---|---|
Type of Use | Minimum Number of Parking Spaces |
Residential and Related Uses | |
One-family residences | 2 for each dwelling detached unit |
Short-term rentals | 1 for every 2 bedrooms (minimum of 164 square feet of parking area per vehicle required) |
Apartments and townhouse dwellings | 2 for each dwelling unit |
Public, Institutional, Cultural and Related Uses | |
Use or assembly | 1 for every 5 seats |
Places of public assembly, clubs and fraternal organizations and recreation facilities | 1 for every 4 seats in the largest hall or meeting area or for every 4 members, whichever is greater |
Cultural venues, performing arts center, or similar use | 1 for every 500 square feet of gross floor area, or 1 space for each 4 seats, whichever is greater |
Hospital | 1 for every 2 beds |
Convalescent home | 1 for every 4 beds |
Bed-and-breakfast | 1 for every 2 beds |
Home occupation | 1, plus 1 additional for any nonresident employee in addition to those spaces required for residential use |
Day-care center or nursery school | 1 per staff member plus 1 per classroom |
Commercial and Related Uses | |
Banks | 3 for each teller or service window |
Retail stores or service establishments | 1 for each 250 square feet of gross floor area |
Convenience stores | 1 for each 150 square feet of gross floor area, plus 1 for every 2 seats for in-store food service |
Professional or business offices | 1 for each 250 square feet of gross floor area |
Medical and dental offices | 4 per doctor or dentist plus 1 for each additional employee |
Restaurants and bars | 1 for every 3 seats or 100 square feet of gross floor and bar area, whichever greater |
Theaters and similar places of public assembly or recreation activity | 1 for every 4 seats or participants or 500 square feet of gross floor area, whichever is greater |
Funeral homes | 1 for each 3 seats provided under maximum occupancy |
Hotels, motels and resorts | 1 per guest room, plus 1 for every 3 employees |
Breweries | 1 space per employee on the largest shift, plus 1 space per 4 seats in any tasting room or other visitor facility open to the general public Minimum: 1 per 1,500 square feet of gross floor area Maximum: 1 per 300 square feet of gross floor area |
Marina | 0.60 spaces per slip, plus 1 space for each 2 employees |
Heavy Commercial and Industrial Uses | |
Wholesale, storage and warehousing | 1 for every 2,500 square feet of gross floor area |
Light assembly, general industrial and similar uses | 1 for each 400 square feet of gross floor area |
Automotive sales and repair | 1 for each 200 square feet of sales area and 1 for each 500 square feet of service area |
Other industrial or heavy commercial uses | 1 for each 500 square feet of gross floor area |
(2)
Supplementary parking regulations.
(a)
Maximum allowed number of spaces.
[1]
The number of spaces provided for any particular use in ground surface lots, excluding designated handicapped parking spaces, shall not exceed the number of spaces required by this article by more than 25%.
[2]
Spaces provided within the building footprint of structures, such as in rooftop parking or below-grade parking, shall not count towards the maximum number of allowed spaces.
[3]
Spaces provided in multilevel parking above or below surface lots shall not count towards the maximum number of allowed spaces.
(c)
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space.
(d)
Size of spaces. Minimum parking stall width shall be nine feet, the minimum length shall be 18 feet.
(e)
Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with less than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall be located within 50 feet of any street intersection, except for one- and two-family residences.
(f)
Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be provided with an approved dustless surface, except for parking spaces accessory to a one-family or two-family residence.
(g)
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments, unless waived or modified in accordance with this section.
(h)
Ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory. However, upon approval by the Planning Board, such spaces may be provided on a separate site, provided that all spaces are located within 300-foot walking distance of the lot on which the use is located. In all cases, such parking spaces shall conform to the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the uses to which the spaces are accessory are permitted in such residence district. Such off-site spaces shall be in the same ownership as the property to which they are accessory and shall be subject to deed restriction, approved by the Planning Board, binding the owner and his heirs and assigns to maintain the required number of spaces available, either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere.
(i)
Waiver of parking requirements. Off-street parking requirements may be waived, in part, in the following cases:
[1]
For nonresidential uses proposed within the Broadway Commercial (BC) or Rondout Gateway (RG) Zoning Districts, the Planning Board may waive up to 35% of all off-street parking spaces required by this chapter under the following conditions:
[2]
Senior citizen housing. Where housing is designed specifically for and occupied by persons 55 years of age or older, required off-street parking may be reduced to one space for every two dwelling units.
[3]
Joint use of spaces for mixed-uses. In the case of two or more uses located on the same lot, the sum of the space required for all uses individually may be reduced to an amount no less than 100% of the largest number of spaces required by any single use, upon a determination by the Planning Board that such a reduced amount of parking space will be adequate to serve all uses on the lot due to their different character and hours of operation.
[4]
Preexisting uses. Structures and uses in existence as of the effective date of this chapter shall not be subject to the parking requirements herein. However, if the parking spaces serving such structure or use are less than would be required by this chapter, they shall not be reduced; and, if the structure or use is expanded, additional parking spaces in the appropriate amount required in Subsection A(1)(a) above shall be provided to serve such expanded area.
(j)
Location of parking spaces.
[1]
In any residential district, no open or enclosed parking area for five or more vehicles shall encroach on any required front yard. Parking areas may extend into a required side or rear yard to within 10 feet of a side or rear lot line.
[2]
In business and industrial districts, open parking areas shall not extend within 10 feet of a street or right-of-way line or within 15 feet of a property line in a residential district.
(k)
Screening and landscaping of parking areas.
[1]
Parking areas of five or more cars which are adjacent to or across the street from properties in a residential district shall be screened from the view of such properties by a combination of walls, fences or hedges.
[2]
All areas in a parking lot not required for parking space or access drives shall be suitably landscaped and maintained. A landscaping plan for parking areas shall be submitted for those uses requiring site plan review by the Planning Board.
(l)
Commercial vehicles. The following regulations shall apply only to commercial vehicles as defined in Subsection A(2)(l)[1] below:
[1]
The term "commercial vehicle" shall include any vehicle with a gross vehicle capacity of more than 15,000 pounds used to transport people, goods or materials as part of a business or service and shall include such equipment as bulldozers, backhoes, etc. The term "commercial vehicle" shall not apply to a pickup truck or van with a gross vehicle capacity of less than 15,000 pounds.
[2]
Commercial vehicles may be parked regularly on a lot in any residence district subject to the following:
[3]
Parking or storage of a commercial vehicle on a nonresidential lot shall not be permitted unless the vehicle is directly associated with an approved use located on the same lot or an adjacent lot and the vehicle complies with the requirements of Chapter 113, Vehicles, Abandoned, of the Code of the Town of Esopus.
[4]
Farm vehicles are permitted as accessory to a farm use in any residential district and are not subject to the above requirements, except that farm vehicles shall not be parked in public rights-of-way.
[5]
This section shall not apply to the temporary or occasional parking of delivery or service vehicles in the course of performing their normal duties for a resident of the property.
[6]
This section shall not be deemed to permit the operation or conduct of any commercial activity on a lot unless such activity has received all approvals required by this chapter.
(m)
General provisions. Commercial parking areas shall be reserved for the parking of vehicles for customer or employee use. There shall be no servicing or dismantling of automobiles or other vehicles, and no part of any parking lot shall be used for the sale, storage or abandonment of any articles or goods. This provision shall in no way apply to any customary vehicle maintenance carried out by a resident at his or her residence.
(n)
Storage containers.
[1]
Not more than two storage containers shall be allowed on any residential lot and not more than three on a nonresidential lot, unless otherwise exempted or approved pursuant to this chapter.
[2]
Permanent use of a storage container.
[a]
Residential use. The placement or use of storage containers for permanent use as an accessory storage building on a residential lot shall be prohibited.
[b]
Nonresidential use. The placement or use of up to three storage containers for permanent use as an accessory storage building on a nonresidential lot may be permitted with a building permit. More than three storage containers shall require site plan approval in accordance with this chapter.
[3]
The use of storage containers for farm operations, as defined by this chapter, shall be exempt from the limits and requirements of this chapter, except Subsection A(2)(n)[6], [7] and [9] below.
[4]
The placement or use of storage containers for temporary purposes shall be permitted under the following circumstances.
[a]
A structure is undergoing construction, repair, alteration, or reconstruction, for which a building permit has been issued. The storage container shall be removed from the premises upon issuance of a certificate of occupancy or certificate of compliance, or such time as the Code Enforcement Officer deems the project complete.
[b]
The storage container is being used to store belongings, inventory or other materials in connection with a disaster, i.e., fire, flood, etc. The storage container shall be removed from the premises upon issuance of a certificate of compliance, demolition of the structure, or such time as the Code Enforcement Officer deems the project complete.
[c]
At the discretion of the Code Enforcement Officer, for extenuating circumstances, and/or limited time periods.
[5]
Not to exceed 10 feet in width, 20 feet in length, and 10 feet in height on a residential lot.
[6]
Storage containers intended for temporary use shall maintain a minimum setback of five feet from all property lines and five feet from the nearest building. Storage containers intended for permanent use shall meet the minimum setbacks for accessory structures in accordance with this chapter.
[7]
Toxic or hazardous material is prohibited.
[8]
Located on an impervious surface, if available.
[9]
A storage container shall not be located on a street, right-of-way, or sidewalk, nor in a location that blocks or interferes with vehicular and/or pedestrian circulation, and shall comply with all regulations for the purpose of ensuring safe ingress to and egress from buildings, access to utility shut-off valves, and for fire protection.
(o)
Recreational vehicles.
[1]
Recreational vehicles may be stored on any occupied lot in any district, provided that such vehicles are not occupied as a permanent residence and are not stored within any required front yard of such lot. For the purposes of this chapter, an "occupied lot" in any district shall mean a lot that is occupied by a use. The Zoning Enforcement Officer may grant permission to park a recreational vehicle in the required front yard upon a determination that the location of buildings on the site, topography or other physical limitations render other alternatives infusible.
[2]
Recreational vehicles are not permitted as permanent residences in any zoning district. Stored recreational vehicles shall not be used for permanent living, sleeping or housekeeping purposes. Recreational vehicles shall not be used as storage sheds.
[3]
Recreational vehicles may be temporarily occupied on any occupied lot in any residential district for two separate time periods not to exceed 14 days per time period during a calendar year.
B.
Off-street loading.
(1)
Loading requirements vary with the specific uses proposed. Loading requirements shall ensure, to the extent feasible, that trucks can unload cargo in a manner that does not interfere with pedestrian and automobile traffic on public roads. Requirements for the number and location of loading facilities shall be established by the Planning Board during site plan review, or the Code Enforcement Officer/Building Inspector when no site plan review is required, and based upon the following:
(a)
The expected number of vehicles using the loading facilities at times of peak usage.
(b)
The type of business, size of the structure, and size of vehicles to be servicing the structure.
(c)
The need to ensure pedestrian and automobile safety by separating loading operations from pedestrian and automobile circulation.
(d)
The need to screen vehicles and loading facilities from publicly accessible areas as well as from abutting properties, including the need for vegetative screening, buffers, and/or fencing.
(e)
The desirability of requiring service roads or alleys to achieve the purposes of this section.
(f)
Applicable planning and engineering standards, adapted to achieve the purposes of this section.
(g)
Other operational characteristics of the business or physical characteristics of the site deemed relevant by the Planning Board.
(2)
Notwithstanding the above, the location and dimensions of loading berths shall comply with the following:
(a)
All off-street loading berths shall be located on the same lot as the use for which they are required.
(b)
Open off-street loading areas shall not encroach on any required front or side yard, off-street parking area or accessway.
(c)
No loading berth shall be located within 50 feet of a property line in a residential district or within 10 feet of any other property line.