Zoneomics Logo
search icon

Marbletown City Zoning Code

ARTICLE III

Use Regulations

§ 200-8 Schedule of Use Regulations.

[Amended 12-15-2015 by L.L. No. 3-2015; 8-1-2017 by L.L. No. 5-2017; 8-1-2017 by L.L. No. 6-2017; 10-30-2017 by L.L. No. 7-2017]
No building or property shall be erected, altered or used in any district except as set forth in the following Schedule of Use Regulations. Such use or building may also be subject to regulations governing area and bulk, supplementary regulations and nonconforming lots, as well as other applicable zoning regulations of this chapter or other local, county or state agencies. Uses not specifically designated under categories P, SP or SU, as defined below, in the Schedule of Use Regulations are prohibited.
Key to Symbols:
P
Denotes a permitted use upon zoning permit and plot plan approval (§ 200-66) by the Code Enforcement Officer (CEO). (Requires application, fee, plot plan and conformance with Zoning Code.)
SP
Denotes permitted use upon site plan approval (§ 200-68) by the Planning Board.
SU
Denotes use allowed by special use permit (§§ 200-46 and 200-75) upon approval by the Zoning Board of Appeals.
X
Denotes a use not permitted in the district.
§ 
Abbreviation for "Section."
E
Abbreviation for "Existing" building (see § 200-47 for determination of existing building).
N
Abbreviation for "New" building.
Use
A-2
A-3
A-4
R1
R2
R-3
SR-E
SR-N
B1-E
B1-N
B-2
I-1
IB
Supplementary Regulations
RESIDENTIAL USES:
One-family dwelling
P
P
P
P
P
P
SU
SU
X
X
§ 200-24A
Two-family dwelling
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
§ 200-46D(5)
House trailer (mobile home as defined in Article IV)
P
P
P
X
X
X
X
X
X
X
§ 200-43
Multifamily dwelling, rental or in condominium ownership
SU
SU
SU
SU
X
SU
SU
SU
X
SU
§ 200-46D(5)
Trailer park as defined in Article IV
X
X
X
X
X
X
X
X
X
X
Dormitory (for housing of college students as defined in Article IV)
SU
SU
SU
X
X
X
X
X
X
X
§ 200-46D(5)
Private household (domestic) services
P
P
P
P
P
P
P
P
X
P
AGRICULTURAL, FORESTRY AND MINING USES (AGRICULTURAL AND NATURAL RESOURCE USES):
Crop production
P
P
P
P
P
P
P
P
P
P
§ 200-38
Road stand (roadside farm stand)
P
SU
SU
X
X
X
X
SU
X
SU
§§ 200-38 and 200-46D(1)
Animal production
Agriculture (including the keeping of farm animals):
Animal production: cattle ranching and farming EXCEPT "cattlefeed lots; hog and pig farming; sheep and goat farming; horses and equines; apiaries; and production of companion animals (breeding kennels)
P
SU
SU
X
X
X
X
SU
X
SU
§ 200-38
Commercial poultry and egg production
SU
SU
SU
X
X
X
X
SU
X
SU
§ 200-38
Laboratory animal production and sale
X
X
X
X
X
X
X
X
SP
SP
§§ 200-42 and 200-40
Forestry and logging
Forestry and logging: timber tract operation, forest nurseries and gathering of forest products; and logging
P
P
P
X
X
X
X
X
P
P
Support activities for agriculture and forestry
Conducted within an office or on site of an active farm
SP
X
X
X
X
X
X
SP
SP
SP
Requiring outdoor storage of goods, materials or equipment, with or without office use
X
X
X
X
X
X
X
SP
SP
SP
Mining
Nonmetallic mineral mining and quarrying, except mining of salt, potash and similar minerals
SU
X
X
X
X
X
X
X
SU
SU
§ 200-46D(9)
UTILITIES USES:
Electric power generation; power plants
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D(7)
Electric substations, gas metering or compression stations, sewer or water pumping stations, water supply well house, or wastewater treatment plant
SP
SU
SU
X
SU
X
SU
SU
SU
SP
§ 200-46D(7)
Large-scale solar generating systems
SU
SU
(R1 only)
X
X
X
X
X
SU
SU
SU
CONSTRUCTION USES:
Construction of buildings; heavy and civil engineering construction; and specialty trade contractors: business office, enclosed workshop and/or enclosed equipment and material storage
X
X
X
X
X
X
X
SU
SP
SP
MANUFACTURING USES:
Food manufacturing, excluding grain and oilseed milling; sugar and confectionery milling; fruit and vegetable preserving and specialty food manufacturing; animal slaughtering and processing; seafood product preparation and packaging; and other food manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Beverage and tobacco product manufacturing, excluding breweries; distilleries; and tobacco manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Craft brewery distillery
X
X
X
X
X
X
X
X
X
SU
Textile product mills
X
X
X
X
X
X
X
X
SP
SP
Apparel manufacturing
Conducted as a crafts use
X
X
X
X
X
SU
SU
SU
SU
SU
§ 200-46D(16)
All other apparel manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Leather and allied product manufacturing
§ 200-40D
Conducted as a crafts use
X
X
X
X
X
SU
SU
SU
SU
SU
§ 200-46D(16)
All other leather and allied product manufacturing, excluding leather and hide tanning and finishing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Wood product manufacturing excluding veneer, plywood and engineered wood product manufacturing and excluding all other wood product manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Paper manufacturing
Converted paper product manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Printing and related support activities
Quick print shops
X
X
X
X
X
SP
SP
SP
SP
SP
All other printing activities
SP
X
X
X
X
X
SU
SP
SP
SP
Nonmetallic mineral product manufacturing
Pottery and ceramics; glass product and stone cut products manufacturing conducted as a crafts use
X
X
X
X
X
SU
SU
SU
SU
SU
§ 200-46D(16)
All other nonmetallic mineral product manufacturing, excluding manufacturing of glass textile fibers; manufacture of cement; manufacture of lime and gypsum products; manufacture of abrasive products; ground or treated mineral and earth manufacturing; mineral wool manufacturing; and all other miscellaneous nonmetallic mineral product manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Fabricated metal product manufacturing
Architectural and structural metals manufacturing, including sheet metal shops; and machine shops; turned product; and screw, nut and bolt manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Machinery manufacturing; computer and electronic equipment manufacturing; transportation equipment manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Electrical equipment, appliance, and component manufacturing, excluding carbon and graphite product manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Furniture and related product manufacturing
Conducted as a crafts use
X
X
X
X
X
SU
SU
SU
SU
SU
§ 200-46D(16)
All other furniture and related product manufacturing
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Miscellaneous manufacturing
Jewelry and silverware; musical instrument manufacturing; sporting and athletic goods manufacturing; doll, toy and game manufacturing; and candlemaking, all conducted as a crafts use
X
X
X
X
X
SU
SU
SU
SU
SU
§ 200-46D(16)
All other miscellaneous manufacturing, excluding manufacture of dental glue and of candles
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
WHOLESALE TRADE USES:
Merchant wholesalers, durable goods
Recyclable material merchant wholesalers (including auto wreckers)
X
X
X
X
X
X
X
X
X
SU
See Ch. 132 of the Town Code
All other merchant wholesalers, durable goods: office only
X
X
X
X
X
SU
SU
SU
SP
SP
§ 200-40D
All other merchant wholesalers, nondurable goods; warehouse and/or garage, with or without office
X
X
X
X
X
X
X
X
SP
SP
§ 200-42D
Merchant wholesalers, nondurable goods
Petroleum and petroleum products merchant wholesalers
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
All other merchant wholesalers, nondurable goods; office only
X
X
X
X
X
SU
SU
SU
SP
SP
§ 200-40D
All other merchant wholesalers, nondurable goods; warehouse and/or garage, with or without office
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Wholesale electronic markets and agents and brokers
Business conducted in office only
X
X
X
X
X
SU
SU
SU
SP
SP
§ 200-40D
Business conducted in warehouse and/or open storage yard, with/or without office
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
RETAIL TRADE USES:
Automotive dealers
X
X
X
X
X
X
X
SU
X
SU
Furniture and home furnishings stores; electronics and appliance stores; clothing and clothing accessories stores; sporting goods, hobby, book and music stores; general merchandise stores; and miscellaneous store retailers, except antique, used merchandise and gift shops
X
X
X
X
X
SP
SP
SP
X
SP
Antique shop or other used merchandise store and gift shop
SU
SU
SU
SU
X
SP
SP
SU
X
SP
§ 200-46F
Building material and garden equipment and supplies dealers, including retail nurseries and greenhouses
SU
X
X
X
X
X
SU
SP
X
SP
Food and beverage stores; health and personal care store
X
X
X
X
X
SP
SP
SP
X
SP
Retail trade: gasoline filling stations, with or without convenience retail (mini-mart)
X
X
X
X
X
SU
X
SU
X
SU
Retail trade: nonstore retailers, except fuel dealers
X
X
X
X
X
SU
SU
SP
SP
SP
§ 200-40D
Fuel dealers
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
TRANSPORTATION AND WAREHOUSING USES:
Air transportation
Airport or flying field, open for public use
X
X
X
X
X
X
X
X
X
X
Nonscheduled air transportation; private flying fields
SU
SU
X
X
X
X
X
X
SU
SU
§§ 200-40D and 200-46D(6)
Rail transportation: railroad station
SP
SP
SP
X
SP
X
SP
SP
SP
SP
Truck transportation
X
X
X
X
X
X
X
X
SP
SP
Transit and ground transportation: bus station
X
X
X
X
X
X
SU
SU
X
SU
Support activities for transportation, excluding stockyards for transport and related livestock handling
X
X
X
X
X
X
X
X
SP
SP
§ 200-40D
Postal Service: post office
P
P
P
SP
SP
SP
SP
SP
SP
SP
§ 200-40D
Courier and messenger services
X
X
X
X
X
SP
SP
SP
X
SP
INFORMATION SERVICES USES:
Publishing industries (except internet)
Newspaper, periodical, book and directory publishers
X
X
X
X
X
X
SU
SP
SP
SP
Motion-picture and sound recording industries
Motion-picture and video production and distribution services and other motion-picture and video industries, except laboratory services
X
X
X
X
X
SU
SU
SP
SP
SP
§ 200-40D
Postproduction services and other motion-picture and video industries; developing laboratory services; records production; integrated record production/distribution; music publishers; sound-recording studios; and other sound-recording industries
X
X
X
X
X
X
X
X
SP
SP
§§ 200-40D and 200-46F
Broadcasting
Studios, business offices, equipment shops
X
X
X
X
X
X
X
SU
SP
SP
§ 200-40D
Distribution lines, poles and related hardware
P
P
P
P
P
P
P
P
P
P
Internet publishing and broadcasting; Internet service providers, web search portals, and data processing services
X
X
X
X
X
SU
SU
SP
SP
SP
§ 200-40D
Telecommunications
Commercial telecommunications service facility; tower and/or structure for broadcasting and receiving antennas (including equipment shelters and similar support facilities):
Class A facility
P
P
P
P
P
P
P
P
P
P
§ 200-49
Class B facility
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
§ 200-49
Class C facility
SU
X
X
X
X
X
X
X
X
SU
§ 200-49
Other Information Services
Libraries and archives
SU
SU
SU
SU
SU
SP
SP
SP
SP
SP
§ 200-40D
FINANCE AND INSURANCE; AND REAL ESTATE AND RENTAL AND LEASING SERVICES USES:
Monetary authorities - central bank and credit intermediation and related activities, including bank offices
X
X
X
X
X
SU
SP
SP
X
SP
§ 200-40
Securities, commodity contracts, other financial investments and related activities; insurance carriers and related activities; funds, trusts, and other financial vehicles
X
X
X
SU
SU
SP
SP
SP
X
SP
§ 200-40
Real estate; lessors of real estate
Lessors of mini warehouses and self-storage units
X
X
X
X
X
X
X
X
SP
SP
Lessors of other real estate property; mobile home or trailer parks
X
X
X
X
X
X
X
X
X
X
Rental and leasing services
Automotive equipment rental and leasing; consumer goods rental; general rental centers; commercial and industrial machinery and equipment rental and leasing
X
X
X
X
X
X
X
SP
SP
SP
Lessors of nonfinancial intangible assets
X
X
X
SU
SU
SP
SP
SP
X
SP
PROFESSIONAL, SCIENTIFIC, AND TECHNICAL SERVICES; MANAGEMENT OF COMPANIES AND ENTERPRISES; AND ADMINISTRATIVE AND SUPPORT AND WASTE MANAGEMENT AND REMEDIATION SERVICES USES:
Professional, scientific and technical services
Testing laboratories
X
X
X
X
X
X
X
X
SP
SP
Professional, scientific, and technical services, other than testing laboratories
X
X
X
SU
SU
SP
SP
SP
X
SP
Management of companies and enterprises
X
X
X
SU
SU
SP
SP
SP
X
SP
Administrative and support services, except services to buildings and dwellings
X
X
X
X
X
SP
SP
SP
X
SP
Services to buildings and dwellings
X
X
X
X
X
X
X
SP
SP
SP
Waste management and remediation services
Landfill operation by municipality only
X
X
P
X
X
X
X
X
X
SU
Septic tank and related services and portable toilet leasing and servicing
X
X
X
X
X
X
X
X
SP
SP
EDUCATIONAL SERVICES; HEALTH CARE AND SOCIAL ASSISTANCE USES:
Educational services
Elementary and secondary public schools, junior colleges, and colleges, universities and professional schools
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
§ 200-40D
Elementary and secondary schools; private academic or parochial schools
SP
SU
SU
SU
X
SU
SU
SU
X
SP
§ 200-46C
Business schools; language schools; and all other schools and instruction; educational support services
X
X
X
X
X
X
SP
SP
X
SP
Technical and trade schools
X
X
X
X
X
X
SP
SP
SP
SP
Fine arts schools, sports and recreation instruction
SU
X
X
X
X
X
SP
SP
X
SP
Ambulatory health care services
Offices of physicians; offices of dentists; offices of other health care practitioners
X
X
X
SU
SU
SP
SP
SP
X
SP
§ 200-40
Medical diagnostic laboratories
X
X
X
X
X
X
X
SP
SP
SP
Home health care services; other than ambulatory health care services except ambulance services
X
X
X
SU
SU
SP
SP
SP
X
SP
Ambulance services
X
X
X
X
SP
X
SP
SP
SP
SP
Ambulatory health care services; outpatient care centers; and hospitals
X
X
X
SU
X
SU
SU
SU
X
SU
§ 200-46D(2)
Nursing and residential care facilities
SU
SU
SU
SU
SU
SU
SU
SU
X
SU
§ 200-46D(2)
Social assistance
Individual and family services; community food and housing, and emergency and other relief services; vocational rehabilitation services
X
X
X
X
X
X
X
SU
SU
SU
§ 200-46D(2)
Child-care services: family day-care facility, operated as accessory to dwelling
P
P
P
P
P
P
P
P
P
P
Other day-care or preschool facility or nursery school
SU
SU
SU
SU
X
SU
SU
SU
X
SU
§ 200-46D(2)
ARTS, ENTERTAINMENT, AND RECREATION USES:
Performing arts, spectator sports, and related industries
Performing arts companies
SU
X
X
X
X
X
SU
SP
X
SP
Promoters of performing arts, sports and similar events, excluding operation of drive-in theaters; agents and managers for artists, athletes, entertainers, and other public figures; independent artists, writers, and performers
X
X
X
SU
SU
SP
SP
SP
X
SP
Spectator sports; racetracks for horses or motor vehicles
X
X
X
X
X
X
X
X
X
X
§ 200-46D(13)
Museums, historical sites, and similar institutions
Museums, including nonretail galleries, historical sites open to the public
SU
SU
SU
SU
SU
SP
SP
SU
SU
SU
§ 200-40D
Amusement, gambling, and recreation industries
Amusement parks and arcades; permanent amusement parks
X
X
X
X
X
X
X
X
X
X
Golf courses and country clubs
SP
X
X
X
X
X
X
X
X
SP
Skiing facilities; swimming pool and picnic ground operation
SU
X
X
X
X
X
X
X
X
SU
§ 200-46D(3)
Fitness and recreational sports centers and bowling alleys
X
X
X
X
X
SU
X
SU
X
SU
§ 200-46D(3)
Dance hall, billiard or pool hall; miniature golf and golf driving range
X
X
X
X
X
X
SU
SU
X
SU
Commercial stable or riding academy, archery or shooting range, or recreational day camp
SU
X
X
X
X
X
X
SU
X
SU
§§ 200-46D(3) and 200-46D(12)
ACCOMMODATION AND FOOD SERVICES USES:
Accommodation
Traveler accommodation
Hotel, as defined in Article IV
SU
X
X
X
X
SU
SU
SP
X
SU
§ 200-46D(3)
Motel, as defined in Article IV
X
X
X
X
X
X
X
SP
X
SU
§ 200-46D(3)
Resort hotel, resort ranch or resort lodge, as defined in Article IV
SU
X
X
X
X
X
X
X
X
SU
§ 200-46D(3)
Other traveler accommodation
SU
SU
SU
SU
X
X
X
X
X
SU
§ 200-46D(3)
RV (recreational vehicle) parks and recreational camps
SU
X
X
X
X
X
X
X
X
X
§§ 200-46D(4) and 200-46D(8)
Rooming and boarding houses
Bed-and-breakfast and boardinghouse, as defined in Article IV
SU
SU
SU
SU
SU
SU
SU
SU
X
SU
§ 200-46D(5)
Dormitory, as defined in Article IV
SU
SU
SU
X
X
X
X
X
X
X
§ 200-46D(5)
Food services and drinking places
Full-service restaurants; and limited-service eating places, excluding fast-food restaurants and drive-in restaurants as defined in Article IV
SU
SU
SU
SU
X
SU
SP
SU
SU
SU
Special food services
X
X
X
X
X
X
X
SP
SP
SP
§ 200-40
Drinking places (alcoholic beverages)
X
X
X
X
X
SU
SU
SU
X
SU
OTHER SERVICES (EXCEPT PUBLIC ADMINISTRATION) USES:
Repair and maintenance
Automotive repair and maintenance
Car washes
X
X
X
X
X
X
X
X
X
SU
Automotive repair and maintenance other than car washes
X
X
X
X
X
SU
X
SP
X
SP
§ 200-46D(14)
Electronic and precision equipment repair and maintenance; commercial and industrial machinery and equipment (except automotive and electronic) repair and maintenance; and personal and household goods repair and maintenance: office, enclosed workshop; with no open storage of goods, materials or equipment
X
X
X
X
X
X
X
SU
SP
SP
Open storage or repair of goods, materials or equipment
X
X
X
X
X
X
X
X
SP
SP
Personal and laundry services
Personal care services; and other personal services, not including pet care (except veterinary) services: photofinishing services, and commercial parking lots and garages
X
X
X
X
X
SP
SP
SP
X
SP
Pet care (except veterinary) services; boarding kennels
SU
X
X
X
X
X
X
SU
X
SU
Other nonveterinary pet care
X
X
X
X
X
X
X
SP
X
SP
Photofinishing laboratories
X
X
X
X
X
X
X
X
X
SP
§§ 200-40D and C
Commercial parking lots and garages
X
X
X
X
X
X
SP
SP
X
SP
§§ 200-37 and 200-39D, H and I
Funeral homes and funeral services
X
X
X
SU
X
SU
SP
SP
X
SP
Cemetery
SP
SP
SP
X
X
X
X
X
X
X
§ 200-44
Crematory
X
X
X
X
X
X
X
X
X
X
Dry-cleaning and laundry services: dry-cleaning pick-up establishments
X
X
X
X
X
SP
SP
SP
X
SP
Religious, grantmaking, civic and similar organizations: religious organizations
Church or other house of worship
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
Grantmaking and giving services; social advocacy organizations; business, professional, labor, political, and similar organizations
X
X
X
SU
SU
SP
SP
SP
X
SP
Civic and social organizations, including operation and leasing of meeting halls and similar places of public assembly
SP
SU
SU
SU
X
SP
SP
SP
X
SP
Private household services (conducted accessory to an existing residence)
P
P
P
P
P
P
P
P
X
P
PUBLIC ADMINISTRATION USES:
Federal, state, county and municipal government offices; Fire Department; Town highway garage
SP
SP
SP
SP
SP
SP
SP
SP
SP
SP
Public parks and playgrounds
P
P
P
SP
SP
SP
SP
SP
SP
SP
ACCESSORY USES:
Uses accessory to residential uses
Customary home occupation, as defined in Article IV
P
P
P
P
P
P
SU
SU
X
SU
§ 200-30
Accessory apartment, as defined in Article IV
SU
SU
SU
SU
SU
SU
SU
SU
X
SU
§ 200-46D(15)
Stables for horses (noncommercial)
P
P
P
X
X
X
X
SU
X
SU
Accessory use customarily incident to any of the uses mentioned herein, and on the same lot
P
P
P
P
P
P
P
P
P
P
Accessory use customarily incident to any of the uses mentioned herein, and not on the same lot
SU
SU
SU
SU
SU
SU
SU
SU
SU
SU
§ 200-46C
Accessory storage or maintenance barn or shed
P
P
P
P
P
P
P
P
P
P
§§ 200-34 and 200-22D
Accessory parking and/or loading, as required
P
P
P
P
P
P
P
P
P
P
§ 200-39
Small-scale solar generating systems
P
P
P
P
P
P
P
P
P
P
Uses accessory to nonresidential uses
Accessory storage or maintenance barn or shed
P
P
P
P
P
P
P
P
P
P
§ 200-34
Accessory parking and/or loading, as required, on a lot adjacent to the nonresidential use
X
X
X
P
P
P
P
P
X
P
§ 200-39D(3)
Parish house or meeting hall, study, rectory and/or parsonage, accessory to any church or house of worship
P
P
P
SP
SP
SP
SP
SP
SP
SP
Dwellings for transient labor employed by active agricultural uses
P
P
X
X
X
X
X
X
X
SU
Access to public recreation facilities
SP
Parking for public recreation facilities
SP
Data storage
SP
Small-scale solar generating systems
P
P
P
P
P
P
P
P
P
P
NOTE:
The Marbletown Schedule of Permitted Uses reflects a range of uses from general to specific use classifications. If the same use regulations apply to all activities falling within the general heading, then only the heading is listed. If the use regulations are different for specific uses within a general category, then the more-specific activities are listed. "N/i" indicates "not included" and precedes an activity if that particular activity requires different regulations than those for the group within which it belongs. "Except" indicates that a specific activity within the larger group of permitted uses is prohibited. Uses not shown on this Use schedule are also prohibited. In the case of a question of interpretation, the definitions and classifications in other sources may be considered including the NAICS Code, the SIC Code, Black's Law Dictionary and publications of professional organizations such as the American Planning Association (APA).

§ 200-9 Explicitly prohibited uses; prohibition against natural gas and/or petroleum extraction, exploration or production wastes.

A. 
In each and every district within the Town, no manufacturing use, nor any trade, industry, use or purpose that is noxious or offensive by reason of the emission of odor, dust, smoke, toxic or noisome fumes, radiation, gas, noise, vibration, or excessive light, or any combination of the above which is dangerous and prejudicial to the public health, safety, and general welfare, shall be permitted. Without limiting the generality of the foregoing, the following uses and activities are nonexclusive examples of those that are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
Acetylene gas manufacture for commercial purposes
Ammonia, chlorine, or bleaching powder manufacture
Arsenal
Asphalt manufacture or refining
Blast furnace, not including cupola or converter furnaces used in foundries and in which no wood is used as fuel
Boiler shops, structural steel fabricating shops, metalworking shops, which operate reciprocating hammers or chisels or other noise-producing electric or pneumatic tools within 100 feet of any boundary line of the premises and outside of any masonry buildings
Brewing or distilling of liquors, except wineries
Bronze and aluminum powder manufacture
Carbon, lampblack, shoe blacking, graphite, or stove polish manufacture
Celluloid and other cellulose products manufacture
Cement manufacture
Coal tar products manufacture
Creosote treatment or manufacture
Disinfectant and insecticide manufacture
Distillation of coal, wood, or bones
Drive-in movie theaters
Dump, unless operated or controlled by the municipality
Excelsior and fiber manufacture
Explosives, fireworks, or match manufacture, assembling, or storage in bulk, except the manufacture, assembling, and storage in bulk of safety matches in book form
Fat rendering
Fertilizer manufacture or potash refining
Fish smoking or curing
Glue, size, or gelatin manufacture or processing involving recovery from fish or animal offal
Incinerator, unless operated by the municipality
Junkyard, except as permitted by Town ordinances[1]
Land application facility
Lime, gypsum, cement, plaster, or plaster of paris manufacture, except the mixing of plaster
Linoleum or oil cloth manufacture
Natural gas and/or petroleum exploration activities
Natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility
Natural gas and/or petroleum exploration, extraction, or production wastes dump
Natural gas and/or petroleum extraction activities
Natural gas compression facility
Natural gas processing facility
Ore reduction or the smelting of iron, copper, tin, zinc, or lead
Paint, oil, varnish, turpentine, shellac, or enamel manufacture, except the mixing of wet paints
Perfume and extract manufacture
Petroleum refining
Poisons manufacture: fumigants, carbon disulphide, hydrocyanic acid, ethyl, stomach poisons, arsenate of lead, arsenate of calcium, hellabore and paris green, insecticides, lime, sulfur, nicotine, kerosene emulsions
Printing ink manufacture
Radium extraction
Storage, coloring, curing, dressing, or tanning of raw or green salted hides or skins
Rubber caoutchouc, or gutta percha manufacture from crude or scrap material, except in connection with a rubber products manufacture plant
Salt works
Sandpaper and emery cloth manufacture
Slaughtering of animals, except for immediate consumption on premises, or immediate retail sale
Soap, soda ash, or washing compound manufacture, except products not containing caustic soda
Starch, glucose, or dextrine manufacture
Stock yards
Sulphurous, sulphuric, nitric, picric, or hydrochloric acid or other corrosive or offensive acid manufacture, or their use or storage, except on a limited scale as accessory to a permitted industry
Tallow, grease, lard, or candle manufacture or refining
Tar distillation or the manufacture of aniline dyes
Tar roofing or waterproofing manufacture, except where the tar or asphalt is treated at a temperature under 100° F.
Tobacco processing, exclusive of cigar or cigarette manufacture
Underground injection
Underground natural gas storage
Vinegar, pickle, or sauerkraut manufacture in bulk
Wool pulling or scouring, except in connection with a woolen mill
Yeast manufacture
(1) 
Any condition caused or permitted to exist in violation of this § 200-9A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses"; any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
[1]
Editor's Note: See Ch. 132, Junkyards.
B. 
The Town of Marbletown hereby exercises its authority and right under NY Environmental Conservation Law ("ECL") § 27-0711 to adopt a local law that is consistent with the Environmental Conservation Law Article 27, such consistency demonstrated by the fact that this local law[2] complies "with at least the minimum applicable requirements" set forth in such statute, and the rules and regulations promulgated pursuant to said Article 27.
[2]
Editor's Note: "This local law" refers to L.L. No. 4-2013, adopted 8-20-2013.
C. 
It shall be unlawful for any person to produce, store, inject, discard, discharge, dispose, release, or maintain, or to suffer, cause or permit to be produced, stored, injected, discarded, discharged, disposed, released, or maintained, anywhere within the Town, any natural gas and/or petroleum exploration, extraction or production wastes.
D. 
The prohibitions set forth above in this § 200-9 are not intended, and shall not be construed, to prevent or prohibit the right to use roadways in commerce or otherwise for travel; prevent or prohibit the transmission of natural gas through utility pipes, lines, or similar appurtenances for the limited purpose of supplying natural gas to residents of or buildings located in the Town; or prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection with legal farm, residential, business, commercial, and other uses within the Town.