Lloyd City Zoning Code
ARTICLE VII
Special Use Permits
§ 100-40 General requirements and standards.
A.
Purpose. All uses listed as subject to special use permit approval and, if approved, also subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform but shall not be limited to the following general requirements, as well as the pertinent specific requirements found in this article.
B.
Application for special use permit. Application for required special use permits shall be made to the Planning Board. The Planning Board, after public hearing with the same notice required by law for site plans, may authorize the issuance of a special use permit, provided that it shall find that all of the following conditions and standards have been met in addition to the pertinent specific requirements found in this article. Also, a fee established by the Town Board must be paid for each application. The applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town in accordance with § 100-57 as required by the Planning Board. The applicant shall pay all required fees prior to the Planning Board's consideration of the application by depositing funds with the Town and upon the request of the Town replenishing said account.
C.
Special use permit general standards. If the Planning Board shall find that any of the following conditions have not been met, the special use permit application shall be denied:
(1)
The location and size of the use; the nature and intensity of the operations involved in or conducted in connection with it; the prevailing character of the neighborhood within the district; the public health, safety and welfare; the size of the site in relation to it; and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. In addition, the Planning Board shall utilize the compatibility objectives of site plan review set forth in § 100-53B(2) and the guidelines set forth in § 100-30 and Appendix A, Design Standards and Guidelines for Business Districts, included at the end of this chapter,[1] as a basis for its review and determination in addition to those criteria set forth in this article.
[1]
Editor's Note: Appendix A is on file in the Town offices.
(2)
The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will encourage the appropriate development and use of adjacent land and buildings.
(3)
Operations in connection with any special use will not be more objectionable to nearby properties by reason of traffic, noise, fumes, vibration or flashing of lights than would be the operations of any permitted use not requiring a special use permit.
(4)
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(5)
An environmental assessment form has been properly filed, containing any supplemental information deemed pertinent to the application, and a determination according to SEQR has been made.
D.
Required site plan. Where a site plan is required for a special use permit, a site plan conforming with the requirements of Article VIII shall be submitted to the Planning Board. The Planning Board shall determine the requirements of the submitted site plan on a case-by-case basis.
[Amended 6-8-2011 by L.L. No. 2-2011]
E.
Conditions and safeguards. The Planning Board shall attach such conditions and safeguards to the special use permit as are necessary to assure continual conformance to all applicable standards and requirements.
F.
Expiration of special use permits. A special use permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than 12 months for any reason. The Planning Board may elect to set a term for the expiration of the special use permit.
G.
Permits not issued where violations exist. No permit shall be issued for a special use for a property upon which there is an existing violation.
H.
If a required area variance is necessary, application may be made to the Zoning Board of Appeals for an area variance pursuant to New York State Town Law § 267-b without a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
§ 100-41 Specific standards.
In addition to the general standards stated above and the site plan design criteria and review considerations stated in Article VIII of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below.
§ 100-42 Accessory apartments.
[Amended 6-18-2014 by L.L. No. 2-2014; 11-6-2024 by L.L. No. 5-2024]
One accessory apartment per single-family dwelling shall be allowed by special use permit on a lot as provided in the use table, provided that:
A.
The principal dwelling on the premises is owner-occupied. For purposes of this section, the principal dwelling is defined as a detached single family dwelling.
B.
The lot containing the accessory apartment contains the minimum acreage for the zoning district as set forth in the Dimensional Table.[1]
[1]
Editor's Note: The Dimensional Table is included at the end of this chapter.
C.
The accessory apartment shall not be counted as a residential unit for the purposes of determining density.
D.
The accessory apartment is self-contained, with separate cooking, sleeping, and sanitary facilities for use by the occupant(s).
E.
The accessory apartment shall have only one bedroom or be a studio apartment, and no other space shall, in the opinion of the Planning Board, be so configured that it could be used as a second bedroom (i.e., a den, a sewing room, etc.).
F.
The accessory apartment is subordinate to the principal residence and contains no greater than 900 square feet of gross floor area and no less than 400 square feet of gross floor area.
(1)
Area shall be measured from the outside of exterior walls and from the center line of interior walls. It shall include all spaces accessible to the unit, including hallways, bathrooms, closets, etc.
G.
Off-street parking shall be provided in accordance with § 100-29.
H.
Approval has been granted by the Ulster County Health Department for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the water supply and sewage disposal facilities are adequate to accommodate the additional demands of the accessory apartment.
I.
Any additional exterior entrances that may be created for the principal structure shall be located at the side or rear of the structure.
J.
If a secondary structure (garage, carriage house, etc.) is used to house the accessory apartment, the following conditions must be met:
(1)
The accessory apartment must comply with the limitations and requirements listed above for accessory apartments.
(2)
The secondary structure should, in the opinion of the Planning Board, architecturally mirror and/or enhance the appearance of the principal structure (i.e.: siding should match, windows and doors should be similar in appearance and trimmed appropriately, etc.).
(3)
The secondary structure must conform with the side yard setbacks of a principal dwelling, regardless of the secondary structure's preexistence to setback requirements.
(4)
If an accessory apartment is created through the conversion of an accessory structure more than 50 years old, the conversion shall be accomplished in a manner that preserves the historic architectural features of the structure.
K.
Site plan review shall be required for an accessory apartment.
L.
The applicant acknowledges, in writing, to the Town of Lloyd the understanding that, should the parcel be sold, the Town Code Enforcement Officer is authorized to conduct a site visit to verify that the accessory apartment is in compliance with the conditions of the special use permit issued for the property.
§ 100-42.1 Short-term transient rentals (STR).
[Added 10-19-2022 by L.L. No. 7-2022; amended 3-26-2024 by L.L. No. 2-2024]
A.
Purpose.
(1)
With the increase in tourism over the past several years in the Town of Lloyd and adjacent areas, there has been an increase in the number of property owners renting to tourists on a short- term transient basis. Many residents list their properties as short-term transient rentals on web- based booking sites. Short-term transient rentals (STRs) offer benefits to property owners and residents in the Town such as increased income; however, STRs also create potential health, safety, and quality of life detriments to the community. In recognition of the widespread popularity of STRs and in recognition that many such rentals are already operating in the Town, the purpose of this section is to regulate the safety and use of STRs in line with the goals of the Town Comprehensive Plan.
(2)
The following section imposes mandatory regulations and requirements on all Town of Lloyd property owners that rent or propose to rent their property on a short-term transient basis. The purpose of such regulations and requirements are to assure that the properties being rented meet certain minimum safety and regulatory requirements which are proportional to those imposed on similar uses such as bed-and-breakfasts, inns, motels, and hotels; thereby protecting the property owners, the occupants of such housing and the residents of the Town of Lloyd.
B.
Authorization. This section is adopted in accordance with Article 16 of the Town Law of the State of New York which grants the Town of Lloyd the authority to enact local laws for the purpose of promoting the health, safety, and welfare of the Town, and in accordance with Municipal Home Rule Law, Article 2, Section 10, that gives the Town of Lloyd the power to protect and enhance its physical environment. The Town Board authorizes the Planning Board of the Town of Lloyd to issue special use permits to property owners to use their properties as STRs per the provisions of this section. The Building Department may, thereafter, issue STR permits, for such approved uses. Applications for a permit to operate an STR shall be processed under the procedures set forth in the Zoning Code and this section.
C.
Zoning. The STR use of a property shall only occur as an accessory use to an existing or proposed single-family or, two-family dwelling in the A, R-2, R-1, R-1/2, R-1/4, and CB Zoning Districts, subject to a special use permit issued by the Planning Board and an STR permit. No STR use may occur on a vacant parcel. Only one STR per parcel shall be permitted.
D.
Density. Where the parcel is located, unless they are preexisting nonconforming structures, new short-term rental units shall meet density and setback requirements for the zoning district.
E.
Prohibitions. The following parcels shall be prohibited from being issued permits to operate short-term transient rentals.
(1)
Parcels utilized for multifamily dwelling units.
(2)
Parcels utilized for commercial or industrial purposes.
(3)
Vacant property which does not contain a residential dwelling unit.
F.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCESS
The place, means, or way by which pedestrians and/or vehicles shall have safe, adequate, and usable ingress and egress to a property, structure, or use.
CAMPING
The use of a property as a site for sleeping outside; or the parking of travel trailers or similar equipment, the erection of tents or other shelters, to serve as temporary residences.
DENSITY
The number of individual dwelling units per unit of land.
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
EXISTING SHORT-TERM TRANSIENT RENTAL
A short-term transient rental, as defined herein, which is lawfully in operation as of December 31, 2022.
HOUSE RULES
A set of rules that applies to renters of STRs while occupying the unit.
LOCAL MANAGER
The person specifically named on the application and permit that is responsible for the day-to-day operation of the STR, and who may be contacted, day or night, if there is a problem at the STR. The local manager may be either the owner or an agent of the owner. The local manager must reside within 30 miles of the Town of Lloyd Town Hall.
NEW OPERATING SHORT-TERM TRANSIENT RENTAL
A short-term transient rental not in operation prior to December 31, 2022.
NON-OWNER-OCCUPIED
An STR unit that does not qualify as owner-occupied.
OWNER-OCCUPIED
An STR unit that is the primary residence of the owner for at least 180 days in the calendar year, or the owner is present in the dwelling or is present on the same parcel while the residence is being used as a short-term rental.
PRIMARY RESIDENCE
A person's domicile where they usually live in the Town of Lloyd, whether on a full-time or part-time basis for at least 180 days in the calendar year, typically a house including any habitable accessory structures on the same property.
RENTAL
An agreement granting use or possession of a residence, in whole or in part, to a person or group in exchange for consideration valued in money, goods, labor, credits, or other valuable consideration.
RENTED IN PART
An STR in a primary residence, as defined above, that is being occupied in part by the owner and in part by STR guest(s), simultaneously.
RENTED IN WHOLE
An STR in a dwelling unit that is being occupied entirely by STR guests for the rental duration.
SECONDARY DWELLING UNIT (SDU)
An attached or detached secondary residential dwelling unit that shares the building lot of a larger, primary home, including having separate cooking and sanitary facilities.
SHORT-TERM TRANSIENT RENTAL (STR)
The use of a parcel for the rental or lease of any or part of any residential use single-family and two-family dwelling unit, for a period of less than 30 days. The STR may occur within an entire dwelling, in rooms within a dwelling, or in a separate attached or detached dwelling unit or units on the parcel, but shall not include camping. Motels, hotels, resorts, inns, and bed-and-breakfasts, as defined in this chapter, are excluded from this definition.
SHORT-TERM TRANSIENT RENTAL UNIT
Dwelling units or rooms used as STRs.
SLEEPING ROOM
An interior room other than a bedroom, as defined under the New York State Uniform Fire Prevention and Building Code, that may serve to afford sleep to a person, however, sleep shall not be the primary function of the room. Examples include, but are not limited to, a living room, family room, den or great room which may be furnished with a futon, convertible couch, or other sleeping surface. All sleeping rooms shall meet New York State Uniform Fire Prevention and Building Code mandates for bedrooms (i.e., size, ceiling height, access, egress, lighting and ventilation, electrical outlets, heat, and smoke and carbon monoxide alarms).
VACANT PARCEL
A parcel of land which does not contain a residential dwelling unit.
G.
Applicable law.
(1)
All property owners desiring to operate an STR must comply with the regulations of this section. However, nothing in this section shall alter, affect, or supersede any regulations or requirements of the Town of Lloyd Zoning Code, any regulations or requirements imposed by the County of Ulster, or any state or federal regulations or requirements, and all property owners must continue to comply with such regulations or requirements. Any conflict between this section and any other regulations or requirements of the Town of Lloyd Code shall be resolved in favor of the more stringent of such regulations or requirements.
(2)
Except as temporarily provided herein for existing STRs, no operation of an STR unit shall occur except pursuant to a valid special use permit issued by the Town of Lloyd Planning Board and an STR permit issued by the Building Department. Such STR permits shall be valid for a two-year period, subject to annual fire and safety inspection.
H.
Ownership of properties.
(1)
Properties must be owned by an individual, individuals, sole proprietorship, general partnership, limited-liability partnership, or a limited-liability company. No property owned by a corporation or other business entity shall qualify for a permit.
(2)
A general partnership, limited-liability partnership or a limited-liability company must disclose names of all partners and/or members when applying. Any changes in partners and/or members shall be provided to the Building Department within 30 days of change.
(3)
No owner entity composed of similar individuals, partners and/or members may hold permits for more than two properties at any given time, one owner-occupied and one non-owner-occupied STR in order to allow equitable distribution of short-term rental special use permits. Only one permit per property is allowed at one time.
I.
Designation of STR properties. All short-term transient rentals shall be designated as owner-occupied, or non-owner-occupied, as defined herein.
J.
Ulster County hotel and motel occupancy tax. All short-term transient rentals shall comply with the Ulster County hotel and motel room occupancy tax.
K.
Application of law to existing short-term rentals.
(1)
Property owners who operate an existing STR as of the effective date of this section shall have 90 days from such date to apply for a special use permit from the Planning Board.
(2)
Continued operation of an existing STR may occur so long as an application for a special use permit is diligently pursued and until such time as a special use permit is issued or denied by the Planning Board and an STR permit is issued by the Building Department.
(3)
To qualify as an existing STR, within 90 days of the effective date of this section, a property owner shall produce documentation of compliance with Subsection K(3)(a), (b), and (c) below. Any property owners who fail to produce such documentation shall not qualify as an existing STR and shall cease operation of such STR until a special use permit and an STR permit is obtained. If the property is in a zoning district where STRs are not allowed, a use variance will be required before a special use permit may be sought. To be an existing STR, property owners must:
(a)
Provide an Ulster County Department of Finance Certificate of Authority dated prior to December 31, 2022;
(b)
Provide proof of operation as an STR between December 31, 2021, and December 31, 2022; and
(c)
Have submitted a complete application and be subject to Subsection T, special use permit regulations and an annual fire and safety inspection.
(4)
In zoning districts where STRs are not an allowed use, qualifying, preexisting STRs shall be allowed to operate, subject to a special use permit approved by the Planning Board, biennial application renewal and an annual fire and safety inspection, pursuant to the limitations for nonconforming uses provided in Zoning Code § 100-17.
L.
Fee. A nonrefundable STR permit application fee and inspection fee shall be established by resolution of the Town Board for each dwelling unit that functions as or contains a short-term transient rental unit. Such permit fee shall be submitted with each new application and each biennial renewal application. A separate fee shall be submitted for an annual fire safety inspection of each permitted STR.
M.
The Town Board may set a maximum number (cap) of short-term rental permits allowed during any given period in order to protect the health, safety and welfare of the citizens in the Town. The cap is 2% of the total number of dwelling units in the Town and may be amended at any time by the Town Board.
N.
Application forms. Application forms for an STR permit shall be developed by the Building Department.
O.
Applicants for an STR permit must file a separate application and tender a separate application fee and obtain a separate permit and inspection for each dwelling unit which contains or functions as a short-term transient rental.
P.
Application process. The initial application to operate a short-term transient rental shall be submitted to the Planning Board for a special use permit. Notification of the application shall be sent to neighbors within 200 feet of the property by the Building Department upon permit application.
(1)
The application shall include the following, in addition to any other information required for a special use permit application:
(a)
Contact information. The names, addresses, email address(es) and day/night telephone numbers of the property owners and local managers.
(b)
Designation of the STR as owner-occupied or non-owner-occupied, as defined herein.
(c)
Designation of the STR as rented in part and/or rented in whole, as defined herein.
(d)
Hosting platform information. The applicant shall provide the names and URLs for all hosting platforms or other advertising platforms, such as but not limited to AirBnB, VRBO or other hosting websites; and Facebook, Instagram, or other social media postings used by the applicant for advertisement of the short-term transient rental unit. Any changes or additions to the listed hosting/advertising platform shall be reported on the applicant's renewal permit.
(e)
Parking. The number of off-street parking spaces to be provided shall be stated on the application. Off-street parking shall be provided to accommodate the occupancy of the short-term transient rental unit, one parking space for each sleeping room in the dwelling plus other parking as required by § 100-29. Vehicles shall not be parked on front lawns. There shall be no on-street parking allowed. No parking shall be allowed outside of the parking spots designated and detailed on the permit.
(f)
Maximum occupancy. The maximum desired occupancy by the operator shall be stated on the application. The Code Enforcement Officer shall establish the maximum occupancy. The Code Enforcement Officer shall limit the number of occupants based on the number, size, configuration, and furnishings of the bedrooms, and per the provisions of New York State Uniform Fire Prevention and Building Code.
(g)
Water and septic. The source of the water supply shall be stated on the application and the permit. The septic system shall be functioning, and the type, size, and location of the septic system shall also be stated on the application. New permit applications shall require documentation as determined acceptable to the Planning Board, indicating that the septic system is found to be currently working properly and is adequate for the short-term transient rental maximum occupancy.
(h)
Fire safety. Documentation of location and existence of fire safety devices in compliance with New York State Uniform Fire Prevention and Building Code.
(i)
Description. State the occupancy of each bedroom and sleeping room, and the methods of ingress and egress (examples: doors and windows) shall be included with the application. No kitchen shall be occupied for sleeping purposes. No other room than a listed bedroom shall be occupied for sleeping purposes.
(j)
Plat. The applicant shall submit an aerial plat of the property showing approximate property boundaries and existing features, including buildings, structures, well, septic system, parking spaces, firepits/outdoor fireplaces, driveways, streets, streams and other water bodies, and neighboring buildings within 100 feet of the short-term transient rental unit. This does not need to be a survey.
(k)
Garbage removal. The applicant shall state how garbage is to be removed from the property. The applicant is responsible for all refuse and garbage removal. The applicant shall be responsible for either: a) contracting with a refuse company; or b) the owner or property manager shall remove garbage on a weekly basis. If there is a dumpster located on the property, the location of the dumpster shall be depicted on the plat submitted with the application.
(l)
House rules. The applicant shall submit a copy of the house rules. (See below Subsection U for required house rules.)
(m)
Jurisdiction. If a property owner does not reside within 30 miles of the Town of Lloyd Town Hall, then they must designate the local manager as an agent.
(n)
A copy of the Ulster County Commissioner of Finance Certificate of Authority.
Q.
Inspections.
(1)
Annually and prior to the initial rental as an STR, each approved STR shall be inspected by the Code Enforcement Officer or Fire Inspector to determine compliance with New York State Uniform Fire Prevention and Building Code. Inspections shall be done for the initial permitting and annually, thereafter.
(2)
All STR units must comply with New York State Building Code requirements and shall have no open violations. No initial or renewal permit shall be issued without compliance with the elements of the submitted application.
(3)
The entire property involving an STR must be inspected. This includes all owner-occupied spaces in buildings where an STR unit is located. Those owner-occupied spaces shall be in compliance with the Property Maintenance Code of New York State related to interior and exterior spaces and fire safety.
R.
Application review. Upon receipt of the application and fee, the Planning Board shall determine if the applicant has complied with all the requirements of this section, the Zoning Code, as well as any applicable federal, state, county, or local laws. If the applicant has fully complied, then the Planning Board may issue the property owner a special use permit for an STR. Based on the approval of such special use permit, the Building Department may issue a renewable STR permit so long as initial fire safety and property maintenance inspections have been completed and approved and all fees are paid. No STR permit shall be issued until inspection is completed by the Building Department.
S.
Renewal permits. Property owners with STR permits shall submit to the Town of Lloyd Building Department a biennial renewal permit application with any changes to the original STR permit, together with such additional documentation as determined by the Code Enforcement Officer, all of which will be on forms prescribed by the Building Department, along with the current renewal application fee. Renewal applications shall be subject to the cap as determined by the Town Board and will be processed on a first-come-first-served basis. Permit holders shall be able to apply for renewal permits beginning October 1 through December 1. The Code Enforcement Officer may deny a renewal application based on noncompliance of the regulations contained in this section or upon failure of the annual fire safety inspection in any aspect of that inspection. An applicant may appeal the denial to the Zoning Board of Appeals.
T.
General permit regulations.
(1)
STR permits shall be valid for two years.
(2)
An STR permit in any given year will expire on December 31, except an initial permit approved after September 1 of a calendar year shall be allowed to run through December 31 of the second year of the permit. All renewal permits shall run from January 1 to December 31 of the second calendar year after issuance.
(3)
The Town of Lloyd Town Board reserves the right to set a cap for the maximum number of STR permits to be issued by the Building Department in order to ensure the equitable distribution of STR permits and to protect the public's health, safety and welfare. The Town Board may set a maximum number (cap) of short-term rental permits allowed during any given period in order to protect the health, safety and welfare of the citizens in the Town. The cap is 2% of the total number of dwelling units in the Town and may be amended at any time by the Town Board.
(4)
Copies of the STR permit must be displayed in the dwelling unit in a place where it is easily visible to the occupants. STR permits may not be assigned, pledged, sold, or otherwise transferred to any other persons, businesses, entities, or properties.
(5)
All short-term rental properties shall have posted on or about the inside of the front or main door of each dwelling unit a card listing emergency contact information. Such information shall include, but not be limited to, the name, address, email, and phone numbers of the building owner, if local, or of a local manager and instructions on dialing 911 for emergency/fire/ambulance assistance. A local manager shall be able to respond in person within one hour.
(6)
Exterior advertising signs are prohibited except an STR may have one nonilluminated accessory use freestanding or wall sign not to exceed four square feet in area to identify the STR and shall include a house number for identification.
(7)
No camping shall be allowed on properties with STR permits.
U.
House rules.
(1)
All short-term rental properties shall post for renters of each dwelling unit or rooms a listing of house rules. House rules shall incorporate, but not be limited to, the following:
(a)
An emergency exit egress plan.
(b)
The location of fire extinguishers.
(c)
Identify the property lines and a statement emphasizing that unit occupants may be liable for illegal trespassing.
(d)
Identify the procedures for disposal of refuse/garbage.
(e)
If allowed by the property owner, specify outdoor fires shall be made solely within a fireplace or fire pit in accordance with all New York State burning regulations.
(f)
If allowed by the property owner, instructions for fires in fireplaces or wood stoves. If not allowed by the property owner, a statement stating as such.
(g)
Short-term transient rentals shall not be permitted to be used for any commercial use or commercial event space.
(h)
No outdoor camping shall be allowed.
(i)
Parking shall be allowed solely in the designated parking spaces.
(j)
If the property has a pool, hot tub or other swimming or bathing appurtenance (hereafter: "pool"), a clear list of requirements related to use of the pool, including explanation of the use of the required barrier, barrier latches, alarms, electrical disconnect, etc. Further, the property owner will place a sign in each location leading to the pool that the property requires a "water watcher": a responsible adult to supervise the pool while it is in use and to be responsible for assuring that the barrier requirements are in place at all times.
(k)
Noise should be kept to a reasonable level. Unreasonably loud, disturbing and unnecessary noise should not occur after 8:00 p.m. nor before 7:00 a.m. during weekdays, and not between 8:00 p.m. and not before 9:00 a.m. on Sundays or any holiday.
V.
Complaints.
(1)
Complaints regarding the operation of an STR shall be in writing to the Code Enforcement Officer.
(2)
Noise complaints should be made to the Town of Lloyd Police Department.
(3)
Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation, and upon finding to his/her satisfaction that a violation was or is currently occurring, he/she shall issue to the property owner and the local manager a notice detailing the alleged violation(s) as determined by the Code Enforcement Officer in accordance with Zoning Code § 100-54. Such notice shall also specify what corrective action is required of the property owner, and the date by which action shall be taken.
(4)
Notices required by this section shall be issued by the Code Enforcement Officer in accordance with Zoning Code § 100-54.
(5)
No renewal permit shall be issued until a notice of violation issued by the Code Enforcement Officer is resolved.
(6)
If the landowner does not comply with the specified corrective action by the date given by the Code Enforcement Officer, the Code Enforcement Officer may revoke the STR permit. This determination shall be reviewable by the Zoning Board of Appeals after a public hearing.
§ 100-43 Cemeteries.
[Amended 9-8-2010 by L.L. No. 13-2010]
Cemeteries shall be allowed by special use permit in all A and R-1 Districts, provided that:
A.
No burial or memorial plats or buildings shall be located closer than 100 feet to any residential lot line, except that when a dense evergreen hedge or wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plats of less than six feet in height may be located as close as 25 feet to any residential lot line.
B.
All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and the Department of Health.
§ 100-44 Commercial timber harvesting.
Commercial timber harvesting shall be allowed by special use permit in the A, R-2 and R-1 Zoning Districts, provided that:
A.
All parcels of two or more acres of forest vegetation, whether on one lot or on two or more contiguous lots to be harvested, shall be subject to a special use permit under these provisions.
B.
A forest management plan shall be submitted prior to the beginning of any clearing or cutting. This plan shall include information pertaining to the following:
(1)
Land area of parcel to be logged;
(2)
Location of land area on Tax Maps;
(3)
Approximate existing number of trees;
(4)
Approximate number of trees to be harvested;
(5)
Impact on all streams and waterways on the parcel;
(6)
Site-specific measures for the prevention of erosion and preservation of wildlife habitats;
(7)
Measures for the preservation of aesthetic values of the land;
(8)
Maintenance and/or repair of roads, loading areas and access paths;
(9)
Establishment of buffer zones to mitigate visual impact from roads, nearby elevations and neighboring parcels;
(10)
Cleanup and reclamation plans;
(11)
Locations of major skid roads and landing areas; and
(12)
A time schedule for all of the above activities.
C.
The Planning Board may engage a forestry consultant to examine the commercial timber harvesting proposal.
D.
The Planning Board shall receive and approve a signed contract between the logger and property owner or owners.
E.
The Planning Board shall require a performance bond or equivalent security to ensure proper cleanup and implementation of the forest management plan. In the case of a bond, the Town of Lloyd shall be named as an additional beneficiary insured. In the case of a security, the Town of Lloyd shall be named as a holder of the security.
F.
All New York State Department of Environmental Conservation (DEC) regulations shall be strictly adhered to by the special use permit holder, and all required stream bank disturbance permits shall be secured and in effect before the commencement of logging.
G.
An appropriate buffer of trees shall be maintained contiguous to any neighboring lot line or road.
H.
No operations shall take place between Monday and Friday from 4:00 p.m. to 8:00 a.m., and no operations are permitted in Saturday and Sunday.
I.
Excluded from special use permit shall be the harvesting of Christmas trees; the clearing of land for rights-of-way for utilities; reasonable site clearing preparatory to construction of a building for which a building permit has been issued; the clearing and maintenance of land for agricultural purposes; and the harvesting of trees and firewood for the personal use of the property owner not to exceed 20 cords per year.
J.
Except for site clearing for the clearing of land for rights-of-way for utilities and reasonable site clearing preparatory to construction of a building for which a building permit has been issued as provided in § 100-44I above, no clear-cutting shall be permitted on any lands within the Town. Live trees less than eight inches in diameter are not to be cut or removed during a commercial timber harvest.
§ 100-45 (Reserved) [1]
[1]
Editor's Note: Former § 100-45, Continuing care retirement community, was repealed 10-21-2020 by L.L. No. 4-2020.
§ 100-46 Country inns.
Country inns shall be allowed by special use permit in the Mixed Use Development District and Agricultural Business Overlay District, provided that:
A.
The minimum lot area shall be five acres.
B.
A country inn shall be limited to 20 guest rooms.
C.
No kitchenettes shall be permitted in guest rooms.
D.
Accessory uses integral to the country inn shall generally be limited to the following:
(1)
Meeting rooms;
(2)
Restaurant or dining facilities serving either guests exclusively or the general public, limited to a total number of 40 seats in the dining room(s) and provided that no music or other objectionable noise shall be audible beyond the boundaries of the lot on which the use is constructed;
(3)
Recreational facilities, such as swimming pools and tennis courts;
(4)
Small personal service/retail shops fully within the country inn and selling newspapers, magazines, tobacco, small gifts, and similar items; and
(5)
One resident apartment.
E.
The country inn may be either an adaptive reuse of a residential or nonresidential structure existing on the date of the enactment of this chapter or new construction.
F.
Maximum building coverage for new construction, including all principal and accessory buildings, shall not exceed 10% of lot area.
G.
No parking area or other improvement associated with the facility shall be located within 50 feet of a property line. Screening shall be provided by intervening landform and/or vegetation to reduce visual and other impacts on neighborhood residential properties.
H.
Access to a country inn shall be provided from a state or county highway or a through Town road.
I.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Ulster County Health Department and the New York State Departments of Health or Environmental Conservation.
§ 100-47 Manufactured home parks.
A.
Management responsibilities.
(1)
Licenses and fees. In addition to the procedure and regulations for special use permits required in this chapter, every manufactured home park shall be subject to the following licensing regulations:
(a)
It shall be unlawful for any person to operate any manufactured home park within the limits of the Town of Lloyd unless he or she holds a valid license issued annually by the Town Board in the name of such person for the specific manufactured home park. All applications for licenses shall be made to the Town Board, which shall issue a license upon compliance by the applicant with provisions of this chapter and of other applicable legal requirements.
(b)
Application for original licenses shall be in writing, signed by the applicant, accompanied by an affidavit of the applicant as to the truth of the application and by a deposit of fee established by the Town Board.
(c)
Licenses shall be valid for a period of one calendar year only. The fee for the renewal of licenses shall be 1/2 of the original license fee.
(d)
Every person holding a license shall give notice in writing to the Town Board within 24 hours after having sold, transferred, given away or otherwise disposed of interest in or control of any manufactured home park. Such notice shall include the name and address of the person succeeding to the ownership or control of such manufactured home park. Upon application in writing for transfer of the license and deposit of fees, the license shall be transferred if the manufactured home park is in compliance with all applicable provisions of this chapter and any regulations of the Ulster County Health Department.
(e)
Whenever, upon inspection of any manufactured home park, the Code Enforcement Officer finds that conditions or practices exist which are in violation of any provision of this chapter or regulations of the Ulster County Health Department, the Town Board shall give notice in writing to the person to whom the license was issued that, unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the Town Board, the license shall be suspended. At the end of such period, the Town Board or its authorized agent shall reinspect such manufactured home park, and if such conditions or practices have not been corrected, it shall suspend the license and give notice in writing of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such manufactured home park.
(f)
The Code Enforcement Officer is hereby authorized and directed to make such inspections as are necessary to determine satisfactory compliance with this chapter, and it shall be the duty of the manufactured home park management to permit the Town Board or its authorized agent to inspect the register containing a record of all residents of the manufactured home park.
(2)
Registration. The manufactured home park management shall keep a register containing the following information for each occupied manufactured home:
(a)
The full name of the manufactured home owner and principal occupant.
(b)
The make, model, year and size of the manufactured home.
(c)
The state and number of vehicle registration.
(d)
The number and date of site rental and/or vacancy.
(3)
Supervision.
(a)
The manufactured home park management shall supervise the placement of each manufactured home on its manufactured home stand, which includes securing its stability and installing all utility connections.
(b)
The manufactured home park management shall notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section and regulations issued hereunder. The park management shall also post, in a conspicuous place, a current copy of this section, as may be amended.
(c)
The manufactured home park management shall maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
B.
Dimensional standards.
(1)
The minimum park area shall be 15 acres.
(2)
Manufactured home site area. The maximum number of manufactured homes to be permitted in any manufactured home park shall be determined as follows:
[Amended 6-8-2011 by L.L. No. 2-2011]
(a)
Determine the buildable acreage of the parcel(s) in accordance with § 100-13A of this chapter.
(b)
Divide the resultant area by the minimum lot size for the district. In the TR-1 District, divide the buildable acres by 11,000 square feet. In the TR-1/2, divide the buildable acres by 7,500 square feet. Fractional units of 0.5 unit or less shall be rounded down and fractional units greater than 0.5 shall be rounded up.
(3)
Setback requirements.
(a)
All structures of any manufactured home park shall be set back a minimum of 75 feet from all adjoining property lines.
(b)
Fifteen feet is the minimum setback that shall be maintained from all other boundaries of any individual manufactured home site and also accessory buildings.
(4)
Each manufactured home site shall be defined by permanent corner stakes and identified with a permanent marker showing the parcel number corresponding to the approved site plan.
(5)
Maximum building height shall be 35 feet and 2 1/2 stories.
(6)
Maximum building coverage shall be 10%.
(7)
A paved or hard-surface patio area of at least 150 square feet, with a minimum dimension of 10 feet, shall be provided for each manufactured home.
(8)
Maximum combined building and impervious surface coverage shall be 40%.
[Added 6-8-2011 by L.L. No. 2-2011]
C.
Environmental standards. Prior to the approval of any area for the development of any manufactured home park, the Town Board or its authorized agent shall determine that the following environmental standards are met:
(1)
The soil and topographical conditions of the site shall be such as not to create an unreasonable health hazard or a significant detrimental effect to the ecology of the area.
(2)
The site shall not be exposed to unusual noise, objectionable smoke, noxious odors, insect or rodent infestation or the probability of flooding or erosion.
(3)
The site shall not be subject to sources of pollution such as drainage from garbage disposal areas.
D.
Park maintenance and improvements. The following standards shall be met:
(1)
All ground surfaces shall be maintained, preserved, treated or protected so that soil erosion is prevented and objectionable dust is eliminated through pavement, stone or other solid covering, lawn or other vegetative growth.
(2)
No part of a manufactured home park shall be used for nonresidential purposes except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
(3)
Topsoil, existing trees and shrubs shall be preserved where practicable and where required by the Town Board as a condition for its approval.
(4)
Vegetative growth, such as brush, weeds and grass, shall be controlled to prevent harborage of ticks, chiggers and other noxious insects and shall be so maintained as to prevent the growth of poison ivy and other noxious weeds considered detrimental to health. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation and accumulations of debris which may provide rodent harborage or insect breeding places. Where the potential for such insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials.
E.
Buffer areas. A buffer strip shall be required along all property lines abutting a residential district or directly across a local street from any property in a residential district. Such buffer strip shall comply with at least the following minimum standards:
(1)
It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Town Board, will effectively screen the activity on the lot from the neighboring residential area. Non-evergreen planting may be included to seasonally supplement planting but not to replace it.
(2)
The buffer strip shall be at least 10 feet in width.
(3)
A wall or fence, of location, height, design and materials approved by the Town Board, may be substituted for the required planting.
(4)
The required planting and/or other improvements within the buffer area shall be properly maintained in good condition at all times throughout the continuance of the manufactured home park.
F.
Transportation, access and roadways.
(1)
Park roadways. Responsibility for the ownership and maintenance of such park roadways shall be with the manufactured home park management.
(2)
Access to manufactured home site. Convenient access shall be provided to each manufactured home stand for maneuvering the manufactured home into position. The access shall be kept free from trees and other immovable obstructions and shall be a minimum width of 12 feet or the width required by current manufactured home models, plus extra width necessary for maneuvering a manufactured home on a curve. The alignment and gradient of such accessway shall be adequate to prevent contact of the undercarriage of the manufactured home and shall be safely and easily traversed as determined by the Town Board.
(3)
Walkways. All manufactured home parks shall be provided with safe, convenient, all-season pedestrian walkways as determined necessary by the Town Board to:
(a)
Connect individual manufactured home sites, park roadways and community facilities.
(b)
Provide for pedestrian circulation along all park roadways (minimum width: 3 1/2 feet).
(c)
Connect manufactured homes to common walks, driveways, parking areas or park roadways (minimum width: two feet).
G.
Manufactured home stands. The area of the manufactured home stand shall be improved to provide an adequate foundation for the placement and tie-down of the manufactured home, thereby securing the superstructure against uplift, sliding, rotation and overturning. The stand should provide for practical placement on and removal from the lot of the manufactured home and retention of the home on the lot in satisfactory relationship to its surroundings. The following specific requirements shall be met:
(1)
There shall be a longitudinal gradient of 0% to 5% and an adequate crown or cross gradient for surface drainage.
(2)
The location of each manufactured home stand shall be at such elevation, distance and angle in relation to the park roadways and the accessways to the manufactured home that placement and removal of the manufactured home is practical.
(3)
The manufactured home stand shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration or other forces acting on the superstructure.
(4)
The manufactured home stand shall be provided with anchors and tie-downs such as cast-in-place concrete "dead men," eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices securing the stability of the manufactured home.
(5)
Anchors and tie-downs shall be placed at least at each corner of the manufactured home stand, and each shall be able to sustain a minimum tensile strength of 2,800 pounds.
(6)
All manufactured homes are to be appropriately skirted, if applicable.
H.
Sanitation standards.
(1)
Water supply. Where public water supply is not available, a private water supply system, with proper connections to each manufactured home, shall be developed sufficient to provide a minimum of 250 gallons of water daily to each manufactured home. Any such private water supply system shall be approved by the Ulster County Health Department and shall meet the following requirements:
(a)
Wells or suction lines shall be located at least 50 feet from building sewers, septic tanks and dry wells; at least 100 feet from disposal fields and seepage pits; and at least 150 feet from any cesspools.
(b)
All water storage structures or reservoirs shall be covered, watertight and constructed of impervious material. All manholes or other openings required for proper operation of the water storage facilities shall be covered or screened to prevent contamination, and there shall be no direct drainage between a reservoir and any pipe conveying or liable to convey sewage or polluted water.
(c)
The water piping system shall connect all buildings requiring water, shall not be connected with nonpotable or questionable water supply and shall provide a pressure of at least 20 pounds per square inch, under normal operating conditions, to buildings requiring potable water supply.
(d)
Water riser pipes shall be at least 3/4 inch, shall extend at least four inches above ground elevation and shall be located within the confined area of the manufactured home stand at a point where the water connection shall approximate a vertical position.
(e)
A shutoff valve below the frost line shall be provided near the water riser pipe on each manufactured home site.
(f)
Underground stop and waste valves shall not be installed on any water service.
(g)
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes and to protect risers from the heaving and thawing actions of ground during freezing weather. Surface drainage shall be diverted from the location of the riser pipe.
(2)
Sewage disposal. Where no public sewage disposal system is available, a private sewage disposal system, with proper connections to each manufactured home, shall be developed in accordance with Ulster County Health Department standards. Any such private sewage system shall include a sewage disposal plant of a capacity and efficiency to serve the sewage disposal system. Both the sewage disposal system and the sewage disposal plant shall be approved by the Ulster County Health Department. The following requirements shall also be met:
(a)
Effluents from the sewage disposal plant shall not be discharged into the waters of the State of New York, except where specifically approved by the Ulster County Health Department and all other agencies having jurisdiction. The disposal facilities shall be located where they will not create a health hazard or odor nuisance to the park residents or to the occupants of any adjacent property.
(b)
Sufficient cleanouts, handholds, and manholes shall be provided in sewer systems to maintain serviceable conditions. Cleanouts extending to grade and capped with cleanout plugs shall be provided at least at seventy-five-foot intervals on four-inch lines and at least at one-hundred-foot intervals for larger diameters. Manholes shall be provided in large sewer systems at changes in direction over 45° at intersections of main sewers and at intervals not exceeding 400 feet in straight sewers.
(c)
All sewer lines shall be located in trenches of sufficient depth to be free of breakage from traffic or other movements and shall be separated from the park water supply system at a safe distance. Sewers shall at a grade which will ensure a velocity of two feet per second when flowing full. All sewer lines shall be adequately vented and shall have watertight joints.
(d)
Each manufactured home stand shall be provided with at least a four-inch-diameter sewer riser pipe. The sewer riser pipe shall be so located on each stand so that the sewer connection to the manufactured home drain outlet will approximate a vertical position.
(e)
The sewer connection shall have a nominal inside diameter of at least three inches, and the slope of any portion thereof shall be at least 1/4 inch per foot. The sewer connection shall consist of one pipeline only, without any branch fittings. All joints shall be watertight.
(f)
All materials used for sewer connections shall be semirigid, corrosion-resistant, nonabsorbent and durable. The inner surface shall be smooth.
(g)
Provision shall be made for capping the sewer riser pipe when a manufactured home does not occupy the site. Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four inches above ground elevation.
I.
Drainage. The ground surface on every manufactured home site shall be graded and equipped to drain all surface and subsurface water in a safe, efficient manner to ensure freedom from stagnant pools, erosion and flooding. Plans for the collection and disposal of surface and subsurface water shall be provided and shall be subject to approval by the Town Board. Such plans shall include:
(1)
Splash blocks or downspouts for the dispersion of roof runoff shall be installed where necessary. Splash blocks shall be at least 30 inches long and 12 inches wide and firmly embedded to prevent displacement.
(2)
Storm sewers shall be laid on sufficient grade to provide a minimum velocity of 2.5 feet per second when flowing full.
(3)
Drain lines, drain inlets and paved gutters shall be of adequate size, design and construction to ensure positive runoff.
(4)
Retaining walls, cribbing or other engineering structures shall be installed and maintained where the topography has a slope of two on one or more to prevent erosion.
J.
Utility standards. Electrical, telephone, television and gas connections shall be located underground.
(1)
Electrical requirements. Electrical service and connections must comply to current New York State Fire Underwriters' regulations or the following, whichever is more restrictive:
(a)
All direct-burial conductors or cable shall be buried at least 18 inches below the ground surface and shall be insulated and specially designed for the purpose. Such conductors shall be located a radial distance of not less than one foot from water, sewer, gas or communication lines.
(b)
Each manufactured home site shall be provided with electrical current of the standard voltage and frequency generally provided in the area.
(c)
Each mobile home lot shall be provided with an approved disconnecting device and overcurrent protective equipment. The minimum service per outlet shall be 120/240 volts, AC, 60 amperes.
(d)
Outlet receptacles at each mobile home stand shall be located not more than 25 feet from the overcurrent protective devices in the manufactured home, and a three-pole, four-wire grounding type shall be used unless other grounding types are approved by the Town Board. Receptacles shall be of weatherproof construction.
(e)
All exposed non-current-carrying metal parts of manufactured homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for manufactured homes or other equipment.
(2)
Lighting requirements. Manufactured home parks shall be furnished with lighting units so spaced and at such heights as to provide illumination for safe pedestrian and vehicular movement at night.
(a)
In all parts of the manufactured home park road system, an average illumination level of at least 0.8 footcandle and a minimum illumination level of at least 0.3 footcandle shall be maintained.
(b)
Potentially hazardous locations shall be individually illuminated with a minimum level of at least 1.0 footcandle where deemed necessary by the Town Board.
(3)
Gas. Each manufactured home site provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
(4)
Heating. All service structures, if not conventionally heated, shall be provided with space heating equipment adequate to maintain a temperature of 70° F. inside the building at an outside design condition of minus 10° F. and shall be subject to the approval of the appropriate Town agency.
(a)
No space heating equipment or portable fuel-burning equipment shall be used in any unvented, confined enclosure.
(b)
In all service buildings, heating facilities shall be capable of maintaining sufficient hot water for all lavatory and laundry fixtures.
K.
Service and storage requirements. All service and/or storage facilities as described in this section shall be appropriately and attractively screened in accordance with a plan approved by the Town Board and shall be so maintained.
(1)
Laundry. A laundry facility with suitable automatic washers and dryers, plumbing, electricity and ventilation shall be provided in a central location unless it is clearly shown to the satisfaction of the Town Board or its authorized agent that such a facility is not necessary for the needs and reasonable convenience of or emergency usage by the residents of the manufactured home park.
(a)
The internal finish material of any common laundry facility shall be capable of withstanding frequent washing and cleaning.
(b)
Any common laundry facility shall be provided with a suitably screened outdoor drying yard.
(2)
Storage of material and equipment.
(a)
Space for storage facilities at each manufactured home site shall be provided.
(b)
Storage areas shall be maintained to prevent rodent harborage. Storage shall be permitted under manufactured homes.
(c)
An approved and enclosed storage space shall be provided by the manufactured home park management for park maintenance materials and equipment.
(3)
Liquid petroleum gas storage.
(a)
Liquid petroleum gas (LPG) systems, if used, shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Such systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the manufactured home and shall be maintained in effective operating condition and screened.
(b)
All LPG piping outside of the manufactured homes shall be well supported and protected against mechanical injury. Undiluted liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in manufactured homes.
(c)
No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, manufactured home or any other structure, unless such installations are approved by the Ulster County Health Department.
(4)
Fuel oil storage.
(a)
All piping from outside fuel oil storage tanks or cylinders to manufactured homes shall be permanently installed and securely fastened in place.
(b)
All fuel oil storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath any manufactured home or less than five feet from any manufactured home exit.
(c)
Storage tanks located in areas subject to traffic shall be protected against physical damage.
(5)
Refuse. The storage, collection and disposal of refuse in the manufactured home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident, fire hazards or air pollution.
(a)
All refuse shall be stored in flytight, watertight, rodentproof containers, which shall be located not more than 175 feet from any manufactured home site. Containers shall be provided in sufficient number and capacity to properly store all refuse. Each manufactured home shall have at least one refuse can of at least 15 gallons' capacity.
(b)
Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, to minimize spillage and container deterioration and to facilitate cleaning around them.
(c)
All refuse containing garbage shall be collected at least weekly and as required. Where suitable collection service is not available from municipal or private agencies, the manufactured home park management shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.
L.
Recreation area. Not less than 10% of the gross manufactured home park area shall be devoted to recreational facilities, which should be provided in a central location when possible. Where determined necessary by the Town Board, drinking fountains shall be provided in or near the recreation and service areas and shall have a flow pressure of at least 15 pounds per square inch.
M.
Fire protection.
(1)
Manufactured home park areas shall be kept free of litter, rubbish and other flammable materials.
(2)
Portable fire extinguishers shall be kept in all service buildings and shall be maintained in good operating condition.
(3)
No open fire shall be permitted except in facilities intended for such purposes.
(4)
Fire hydrants shall be located within 500 feet of all structures and shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation point of the park.
(5)
Construction should provide reasonable assurance of safety to life by making provisions to retard the progress and spread of fires and by providing for means of egress which will minimize danger to life from fire, smoke or resulting panic before structures are emptied.
§ 100-48 Motor vehicle repair shops and motor vehicle service stations.
Motor vehicle repair shops and motor vehicle service stations shall be allowed by special use permit as provided in the Use Table,[1] provided that:
A.
All repairs and/or servicing shall be performed indoors.
B.
In addition to the buffer and landscaping requirements of this chapter, a buffer screening area of not less than 10 feet in width shall be provided along all abutting streets. Said buffer shall consist of planting of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will provide an attractive appearance from neighboring streets.
C.
All fuel, oil or similar substances shall be stored at least 35 feet from any street or lot line unless stored in underground tanks. Underground tanks shall be buried at least three feet from any street or lot line, and the top of said tank shall be at least two feet below the surface of the ground. Tanks buried adjacent to buildings having basements shall be set back at least 10 feet from the foundations of those buildings. All such uses and setbacks shall comply with applicable rules and regulations of governmental agencies and the National Fire Protection Association Standards.
D.
No automobile parts, dismantled vehicles or similar items shall be stored outside.
E.
No vehicles, trailers, trucks, or buses with more than a three-ton rating may be stored or parked on site, other than customer vehicles or vehicles related to the operation of the motor vehicle repair shop or motor vehicle service station.
F.
No vehicles are permitted to be stored or parked in any of the required setbacks or at any off-site locations.
G.
All motor vehicle service stations which provide an air compressor capable of inflating automobile tires for the use of motorists shall do so at no charge to the user thereof.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
§ 100-49 Multifamily and two-family dwellings.
[Amended 6-8-2011 by L.L. No. 2-2011]
A.
Multifamily dwellings shall be allowed by special use permit in the R-1/4, R-1/2, and CB Districts, provided that:
(1)
Parking.
(a)
All off-street parking shall be located behind or to the side of the principal building(s). Parking spaces shall be screened from public view to the maximum extent practicable.
(b)
Off-street parking may be accessed from a rear lane located to the rear of the principal building(s).
(c)
Where rear lanes are provided, they shall meet the following standards:
[1]
Rear lanes shall be treated as private streets and shall not be dedicated to the Town. They may be dedicated to a homeowners' association or as common easements across the rear portions of the lots subject to establishment of a Common Use and Maintenance Agreement.
[2]
Lighting for rear lanes shall be provided on garages or on lighting poles and shall be fully shielded to prevent glare.
[3]
The minimum setback for a garage accessed from a rear lane shall be 12 feet from the center line of the lane.
[4]
Rear lanes may be paved lightly to driveway standards, with drainage by inverted crown at the center and by percolation. They shall have gravel or landscaped edges with no raised curb. Street trees shall be planted in the tree lawn next to the lane or in rear yards of lots, averaging 30 feet on center. Pavement width shall be 12 feet as illustrated in Figure 49-1.
 Figure 49-1: Rear Lane |
(2)
The multifamily dwelling shall be constructed to resemble a single-family dwelling as illustrated by example in the photographs.
 |  |
B.
Two-family dwellings. Two-family dwelling by conversion or new construction, where it requires authorization by special use permit, provided:
(1)
The two-family dwelling (by conversion) shall occur only through conversion of a one-family residence legally existing at the time of adoption of this chapter.
(a)
The one-family residence is, at the time of conversion, on a single lot with lot area and lot width of no less than the minimum specified for the zoning district in the Schedule of Area and Bulk Regulations.[1] The lot may not be an existing nonconforming lot of less than the prescribed lot area or lot width.
[1]
Editor’s Note: See the Dimensional Table included at the end of this chapter.
(b)
Adequate water supply and sewage disposal facilities shall be demonstrated to exist in accordance with the requirements of the Town of Lloyd and the Ulster County Department of Health.
(c)
Expansion of the existing one-family residence (by conversion) to accommodate the second dwelling shall be limited to a maximum of 750 square feet of gross floor area in the CB, R1/4 and R1/2 District and 1,000 square feet in other districts.
(2)
The two-family dwelling (by new construction) shall be considered a permitted use in all residential districts where it requires authorization by special use permit. In all residential districts:
(a)
The two-family dwelling (by new construction) requires site plan approval in accordance with Article VIII of this chapter.
(b)
The two-family dwelling (by new construction) shall resemble a single-family dwelling in its outward appearance.
(c)
Adequate water supply and sewage disposal facilities shall be demonstrated to exist in accordance with the requirements of the Town of Lloyd and the Ulster County Department of Health.
(d)
Expansion of the existing one- or two-family residence to accommodate the additional dwelling units shall be limited to a maximum of 1,000 square feet of gross floor area per unit.
(e)
Off-street parking shall be provided in accordance with § 100-29 of this chapter.
§ 100-50 Service and retail uses in the designed business district.
Service and retail uses, including convenience stores, shall be allowed by special use permit in the Designed Business District, provided that:
A.
Such use shall be part of a shopping plaza on a site of at least three acres in size.
B.
The number of service establishments and retail stores in the shopping plaza shall not exceed one per 10,000 square feet of lot area.
C.
No single service establishment or retail store shall exceed 125,000 square feet of gross floor area in size, including storage, with the exception of a convenience store, which shall not exceed 4,000 square feet of gross floor area.
D.
No outdoor display of merchandise shall be permitted, except for living trees or plants, unless shown on an approved site plan.
E.
The project shall comply with § 100-30, Design standards and guidelines for business districts, of this chapter.
§ 100-51 Special uses in historic structures.
A.
Intent. The intent of this section is to assist in the preservation of the cultural heritage of the Town of Lloyd by allowing specialized uses in structures of historic merit.
B.
Applicability. This section shall apply to any building listed on the National Register of Historic Places or that is eligible for the National Register or that is designated an historic building by the Town Board upon recommendation of the Planning Board within any zoning district or that has been surveyed as an historic resource by the New York State Office of Parks, Recreation and Historic Preservation, subject to the approval of a special use permit by the Planning Board. A building shall be eligible for designation as an historic building upon application to the Town Board and upon recommendation of the Planning Board. When considering its recommendation to designate an historic building, the Planning Board shall consider the following factors:
(1)
Its character, interest or value as part of the heritage or culture of the Town.
(2)
Its location as the site of a significant historic event.
(3)
Its identification with a person or persons who significantly contributed to the Town's culture and development.
(4)
Its exemplification of a distinctive architectural style, type or specimen.
(5)
Its identification as the work of an outstanding architect or master builder.
(6)
Its relationship to distinctive areas, buildings or structures that are eligible for preservation.
C.
Uses permitted by special use permit. The following uses may be permitted by special use permit granted by the Planning Board pursuant to § 100-40 of this chapter:
(1)
Art and craft studios.
(2)
Art galleries.
(3)
Antique shops, rare book and coin or stamp shops.
(4)
Restaurant.
(5)
Multifamily residential use in single-family districts, but not to exceed four units within one structure, contingent on the continuing residency of the owner of the building within one of the dwelling units.
(6)
A combination of two or more of the above uses in the same structure.
D.
Requirements of special use permit.
(1)
The Planning Board shall receive, review and approve a site plan pursuant to the provisions of Article VIII of this chapter prior to action on an application for a special use permit for an historic structure. The site plan shall be accompanied by schematic architectural drawings which show the existing conditions of the structure and the proposed restoration of proposed exterior changes in the structure. The Planning Board may request a report, to be paid for by the applicant, from an historic preservation specialist as to appropriateness of the proposed restoration and its compliance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." Upon receipt of the specialist's report, the Planning Board shall find that:
(a)
The exterior restoration maintains the architectural and historic integrity of the structure.
(b)
The proposed use is compatible with the neighborhood, and activities permitted within the structure can adequately be buffered from any surrounding residential use.
(c)
The resulting traffic generation will not overburden existing roads, and adequate parking can be provided without unduly destroying the landscape or the setting of the structure.
(d)
The proposed use is appropriate to the structure and will aid in the preservation of the structure.
(2)
The Planning Board may limit the number of employees or persons working on the site on a part-time or full-time basis.
§ 100-52 Hamlet Business Overlay District.
A.
Purpose. The purpose of the Hamlet Business Overlay District is to protect the historic and commercial character in the Hamlet of Highland's core commercial area. The Hamlet Business Overlay District is intended to protect the Hamlet's commercial viability by assisting businesses in the Hamlet Business Overlay District to increase their visibility, encourage diversity of uses which support the vitality of the shopping district and protect against changes of uses that do not support the objectives of the Comprehensive Plan.
B.
Applicability. These regulations shall apply to all structures and uses within the Hamlet Business Overlay District.
C.
Allowed uses:
(1)
Stores and shops for the conduct of retail business, banks, post offices, restaurants and other places serving food and beverages, professional and business offices and establishments for the performance of various personal services;
(2)
Places of amusement, physical fitness, gaming and sport, including both indoor and outdoor facilities and activities;
(3)
Club, civic or youth centers;
(4)
Church, other places of worship;
(5)
Public and private schools;
(6)
Public library or museum;
(7)
Nursery school;
(8)
Governmental use;
(9)
Park, playground or other recreation facility;
(10)
Private nonprofit membership club;
(11)
Medical clinics or medical group offices;
(12)
Bed-and-breakfasts.
D.
Prohibited uses. Residential dwelling units are allowed above any of the commercial uses as long as they meet the density and minimum floor area requirements of the surrounding district. Except for doctor, chiropractic, dentist or other medical care office, office uses shall be limited to second floor only.
E.
Signage.
(1)
No more than two signs pertaining to a permitted use conducted on the lot where such signs are displayed. Signs shall not exceed two square feet for each linear foot of building frontage or a maximum total area of 30 square feet for any sign parallel to and flat against the facade of a building, or 15 square feet for any other sign. Signs shall be nonmovable and, if lighted, shall be nonflashing and shielded.
(2)
Projecting signs shall not be less than seven feet from the ground or extend more than four feet over the street right-of-way or property line.
(3)
No sign shall exceed 10 feet in height or extend above the facade of the building to which it is attached.
(4)
Interior sign coverage shall not exceed 30% of the glass area or window in which it is displayed.
(5)
Freestanding signs are prohibited where the building is set less than 10 feet back from the property line, except an additional third sign, in addition to the two permitted signs above in § 100-52E(1), in the form of a "sandwich board" type of sign, placed on the sidewalk in front of the building containing the permitted use, not to exceed two feet by three feet in size for use during business hours only to advertise daily specials as an accessory to the primary use.
§ 100-52.1 Cannabis/marijuana retail sales and lounges.
[Added 7-20-2022 by L.L. No. 5-2022; amended 11-6-2024 by L.L. No. 4-2024]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
MARIJUANA ESTABLISHMENT
A marijuana retailer or any other type of licensed marijuana-related business, or any combination thereof at a single location.
MARIJUANA LOUNGE
An entity or individual licensed for the sale and on-site consumption of marijuana products.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RETAILER
An entity or individual licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
B.
Findings. The Town of Lloyd finds that the orderly development of commercial business is essential to maintaining and protecting the health, safety and welfare of the residents of the Town. Businesses which cater to adults should be located and regulated in order to minimize the impact to residents.
C.
Purpose:
(1)
To provide for the placement of marijuana establishments in appropriate places.
(2)
To minimize the adverse impacts of marijuana establishments on residential neighborhoods, schools, and other places where children commonly congregate.
(3)
To regulate the siting, design, placement, security, safety, monitoring, and modification of marijuana establishments.
D.
Applicability. These regulations shall apply to all structures and uses of retail sales and/or consumption lounges where marijuana can be purchased or consumed.
(1)
No marijuana establishment shall be established except in compliance with the provisions of this chapter.
(2)
When a marijuana establishment is created in an existing building, regardless of prior site plan (including approval for retail sales on the property), that establishment will apply to the Planning Board for special use permit/site plan approval for that use.
(3)
Location. A marijuana establishment may be located in those zones indicated in the Use Table (Attachment 1).
E.
Special permit approval criteria.
(1)
All marijuana establishments shall be contained within a building or structure.
(2)
The hours of operation of marijuana establishments shall be set by the special permit granting authority, which shall be the Planning Board.
(3)
Marijuana establishments shall not be located within a 500-foot radius from:
(a)
Any school pre-k through 12;
(b)
Any day-care center, or any facility where children commonly congregate. A facility is not, however, limited to a building. A "facility where children commonly congregate" includes, but is not limited to, facilities in which children gather for particular purposes in a structured and scheduled manner, or which are dedicated to the use by children, such as playgrounds, youth service programs, day-care centers, youth sports facilities, dance schools, and gymnastic schools;
[1]
Exception: The Hudson Valley Rail Trail is not included in the restrictions noted above.
(c)
Any other marijuana establishment;
(d)
Any drug or alcohol rehabilitation facility;
(e)
Any correctional facility, half-way house or similar facility.
(f)
Any other location regulated under applicable New York State law.
(4)
No marijuana establishment shall be located inside a building containing residential units, including transient housing such as motels and dormitories.
(5)
Marijuana establishments shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.
(6)
No outside storage of marijuana, related supplies or promotional materials is permitted.
(7)
No smoking or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana retailer. No burning of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana retailer.
F.
Site plan review shall be required along with special use permit and shall include appropriate elements from § 100-53 of this Town of Lloyd Code.
G.
Signs.
(1)
Size of sign shall be dictated relative to the zone where the marijuana establishment is located per § 100-28 of this Town of Lloyd Code.
(2)
No image depicting any part of a marijuana plant or any product or use of the marijuana plant shall be allowed on the sign.
H.
State approval. All marijuana lounges and marijuana retailers approved pursuant to this section must be licensed in accordance with New York State Cannabis Law Article IV, Use Cannabis.
I.
Authorization. This section is authorized under New York State Cannabis Law Article VI, § 131.