Marlborough City Zoning Code
ARTICLE IV
District Regulations
§ 155-10 Regulations and controls in effect.
The regulations and controls intended to guide development in each district are set forth in § 155-12, Use regulations, and Schedule I, Lot, Yard and Height Regulations, which are supplemented by other sections of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 155-11 Applicability of regulations.
Except as hereinafter otherwise provided:
A.
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the district in which such building or land is located.
B.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
C.
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
D.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
E.
General use restriction. Any use not designated as a principal permitted use, a permitted accessory use or a special permit use is specifically prohibited from any zoning district in the Town of Marlborough.
§ 155-12 Use regulations.
[Amended 12-13-1993 by L.L. No. 4-1993; 7-11-1994 by L.L. No. 1-1994; 8-22-1994 by L.L. No. 2-1994; 11-13-1995 by L.L. No. 5-1995; 3-25-1996 by L.L. No. 1-1996; 4-8-1996 by L.L. No. 2-1996; 3-8-1999 by L.L. No. 1-1999; 11-25-2002 by L.L. No. 8-2002; 5-27-2003 by L.L. No. 2-2003; 8-25-2014 by L.L. No. 1-2014; 3-23-2015 by L.L. No. 1-2015; 12-28-2015 by L.L. No. 3-2015; 5-22-2017 by L.L. No. 5-2017; 7-10-2017 by L.L. No. 6-2017; 9-24-2018 by L.L. No. 5-2018; 4-12-2021 by L.L. No. 2-2021; 2-26-2024 by L.L. No. 1-2024; 2-24-2025 by L.L. No. 1-2025]
A.
R Residential District.
(1)
Purpose. The purpose of this district is to provide for the orderly growth of established residential centers, to prevent overcrowding of the land, to regulate those uses which are not compatible with residential neighborhoods and to create conditions which are otherwise conducive to carrying out the purposes of this chapter.
(3)
Permitted accessory uses shall be:
(4)
Special uses shall be:
(a)
Community buildings, clubs, lodges and fraternal organizations.
(b)
Essential services.
(c)
Multiple dwellings.
(d)
(Reserved)
(e)
Neighborhood stores.
(f)
Mobile home parks, in accordance with Chapter 102, Mobile Homes, of the Code of the Town of Marlborough.
(g)
Home occupations.
(h)
Affordable senior citizen housing.
(i)
Bed-and-breakfast.
(j)
Residential cluster development.
(k)
Short-term rental.
B.
R-1 Residential District.
(1)
Purpose. The purpose of this district is to provide reasonable standards for the development of residential area in the vicinity of established residential centers, to encourage a greater variety of lot sizes and housing types, to control activities not compatible with moderate-density residential development and otherwise to create conditions conducive to carrying out the purposes of this chapter.
(3)
Permitted accessory uses shall be the same as in the R District.
(4)
Special uses shall be:
(a)
Community buildings, clubs, lodges and fraternal organizations.
(b)
Essential services.
(c)
Residential cluster developments.
(d)
Private schools.
(e)
Home occupations.
(f)
Adult multiple dwellings.
(g)
Affordable senior citizen housing.
(h)
Nursery schools, preschools and similar activities.
(i)
Bed-and-breakfast.
(j)
Recreation uses with a minimum parcel of 10 acres.
(k)
Resort hotel with a minimum parcel size of 10 acres.
(l)
Multiple dwellings.
(m)
Short-term rental.
C.
R-Ag-1 Rural Agricultural District.
(1)
Purpose. The purpose of this district is to encourage the continuation of agriculture and uses compatible with the soil, topography and location of this district, to preserve important natural and economic resources and to create conditions conducive to rural life and country living on lands within an area primarily dedicated to agriculture.
(2)
Principal permitted uses shall be:
(a)
All agricultural land uses, buildings and activities, including the growing of field, truck and tree crops, dairying, livestock raising, low-density poultry raising and similar agricultural uses.
(b)
Cemeteries.
(c)
Essential services.
(d)
Nurseries and greenhouses.
(e)
Public parks and recreation areas.
(f)
One-family or two-family detached dwellings.
(h)
Solar energy system, subdivision use.
(3)
Permitted accessory uses shall be:
(a)
Accessory farm buildings.
(b)
Garages and parking and loading areas.
(c)
Farm labor housing, in accordance with New York State Department of Health Standards.
(d)
Roadside stands for the sale of agricultural products produced primarily on the premises.
(e)
Signs.
(f)
Solar energy system, small scale (refer to § 155-32.2 for whether site plan review is required for the system proposed).
(g)
Other accessory uses and structures customarily appurtenant to a principal permitted use.
(4)
Special uses shall be:
(a)
Neighborhood stores.
(b)
Light industrial activities or businesses of a kindred nature engaged in the manufacturing, processing, packaging or warehousing of agricultural and related products, when conducted without public hazard or nuisance.
(c)
Mining and excavation.
(d)
(Reserved)
(e)
Community buildings, lodges and fraternal organizations.
(f)
Recreation and amusement uses, including golf courses, swim clubs and other outdoor commercial recreation.
(g)
Recyclable agricultural buildings.
(h)
Home occupations.
(i)
(Reserved)
(j)
Helipads.
(k)
Nursery schools, preschool and similar activities.
(l)
Kennels.
(m)
Residential cluster development.
(n)
Bed-and-breakfast.
(o)
Resort hotel.
(p)
Solar energy system, large scale.
(q)
Short-term rental.
D.
C-1 Commercial District.
(1)
Purpose. The purpose of this district is to provide reasonable standards for the orderly expansion of general retail and commercial uses in conformity with the objectives of the Town of Marlborough Comprehensive Plan and to otherwise create conditions conducive to carrying out the purposes of this chapter.
(2)
Principal permitted uses shall be:
(a)
Retail business or personal service establishments, such as grocery, drug- and hardware stores, meat or food markets, barber- and beauty shops, shoe repair shops and the like.
(b)
Eating and drinking establishments.
(c)
Automobile service, repair and filling stations.
(d)
Essential services.
(e)
Dwelling units over ground floor retail commercial uses, with a maximum of two dwelling units over a ground-floor retail commercial use for parcels with public water and public sewer, which units shall be of a one-story design.
(f)
Business and professional offices.
(3)
Permitted accessory uses shall be:
(a)
Garages and parking and loading areas.
(b)
Signs.
(c)
Living quarters for owners or caretakers of structures housing permitted uses.
(d)
Solar energy system, small scale (refer to § 155-32.2 for whether site plan review is required for the system proposed).
(e)
Other accessory uses customarily appurtenant to a permitted use.
E.
HD Highway Development District.
(1)
Purpose. The purpose of this district is to encourage the orderly functioning and expansion of the Town's transportation-related activities in such fashion as to be harmonious with adjacent land uses and to contribute to the soundness of the Town's economic base and to otherwise further the general purposes of this chapter.
(2)
Principal permitted uses shall be:
(a)
Wholesale and accessory use storage establishments conducted in completely enclosed buildings, except that open storage is permitted if enclosed by an opaque fence or wall at least eight feet in height.
(b)
(Reserved)
(c)
Essential services.
(d)
Shopping centers.
(e)
Commercial groups.
(f)
Light industrial activities or businesses of a kindred nature engaged in the manufacture, assemblage, treatment or packaging of products when conducted without public hazard, except for those which, by reason of odor, noise, smoke or dust, constitute a nuisance.
(g)
Business and professional offices.
(h)
Agricultural uses.
(i)
Retail uses.
(4)
Special uses shall be:
(a)
Automobile service, repair and filling stations.
(b)
New and used car sales.
(c)
Drive-in restaurants.
(d)
Instructional uses.
(e)
Eating and drinking establishments.
(g)
Mobile retail stands.
(h)
Warehousing.
(i)
Commercial recreation.
(j)
Funeral homes with water and sewer.
(k)
Hotel and motel with water and sewer.
(l)
Farm and produce stands.
(m)
Nursery schools, pre-schools and similar uses.
(n)
Cannabis on-site consumption establishment.
(o)
Cannabis retail dispensary.
(p)
Senior citizen housing.
F.
I Industrial District.
(1)
Purpose. The purpose of this district is to encourage the orderly expansion of industry in the Town in such fashion as to be harmonious with adjacent land uses and to contribute to the soundness of the Town's economic base and to otherwise further the general purpose of this chapter.
(2)
Principal permitted uses shall be:
(a)
Light mechanical or industrial operations not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluents.
(b)
Buildings for wholesale business, storage buildings or warehouses, including outside storage of building material and other material in large quantities.
(3)
Permitted accessory uses shall be:
(a)
Storage of trucks and other equipment.
(b)
Storage of gasoline, fuel oil and related products, including pumps for use only by the owner on the premises.
(c)
Living quarters for caretakers of structures and equipment.
(d)
Solar energy system, small scale (refer to § 155-32.2 for whether site plan review is required for the system proposed).
(e)
Other accessory uses customarily appurtenant to a permitted use.
(4)
Special uses shall be:
(a)
Essential services.
(b)
Waterfront parks.
(c)
Junkyards with a minimum lot size of 20 acres.
(d)
Experimental laboratories.
(e)
Printing plants.
(f)
Cold storage plants, creameries, ice cream plants, bottling or central distributing stations, baking plants, or dyeing plants.
(g)
The establishment and maintenance of quarries, including any processing of natural products extracted on the premises and the storage of the same, with necessary loading areas, wharves and docks.
(h)
Industries or businesses engaged in the manufacturing, processing, packaging, or warehousing of cement, asphalt, concrete and related products.
(i)
Laundries and/or dry-cleaning plants.
(j)
Solar energy system, large scale.
G.
C-2 Commercial 2.
(1)
Purpose. The purpose of this district is to provide reasonable standards for the orderly expansion of general retail and commercial uses in conformity with the objectives of the Town of Marlborough Comprehensive Plan and to otherwise create conditions conducive to carrying out the purposes of this chapter.
(2)
Principal permitted uses shall be:
(a)
Retail business or personal service establishment, such as grocery, drug and hardware stores, meat or food markets, barber- and beauty shops, shoe repair shops and the like.
(b)
Eating and drinking establishments.
(c)
Automotive service, repair and filling stations.
(d)
Essential services.
(e)
Dwelling units over ground floor retail commercial uses.
(f)
Business and professional offices.
(g)
One-family or two-family detached dwellings.
H.
BC Business Corridor Overlay District.
(1)
Purpose. The Town of Marlborough is bisected along a north-to-south axis comprising New York State Route 9W, which parallels the Hudson River. Historically, the Route 9W corridor has served the Town of Marlborough as both a significant transportation facility and the location of mixed residential, commercial, and light industrial land uses. There are various zoning district designations along the Route 9W corridor, including the HD, R, C-1, R-1, and R-Ag-1 districts. Within the areas of the Route 9W corridor which are zoned R-1 or R-Ag-1, there exist various improved or unimproved parcels with frontage on the state highway and which are currently, or previously have been, devoted to use for commercial or light industrial activities of the type which are currently allowable within the HD Zoning District. Some of the existing structures are devoted to commercial or light industrial activities as nonconforming uses in the R-1 or R-Ag-1 Zones. Some of these existing structures are not currently put to commercial or light industrial uses, and may be devoted to residential uses which, nonetheless, exist as meaningful opportunities for readaptation to commercial or light industrial uses for the benefit of public commerce and the generation of municipal revenues for the community, depending upon the content and nature of a specific concept plan of development. The Town Board concludes that a Business Corridor Overlay District, in the nature of a floating zone, is an appropriate device to encourage readaptation of existing structures, business use of unimproved parcels, or to eliminate nonconformities of active uses, within eligible properties within the Route 9W corridor.
(2)
The Business Corridor Overlay District is a floating zone which may be established through the exercise by the Town Board of the procedures stated herein with respect to properties located within eligible areas along the transportation corridor of Route 9W in the Town of Marlborough, as such areas of eligibility are more particularly defined within Subsection H(3).
(3)
Eligible areas. Parcels located within the R-1 or R-Ag-1 Zoning Districts within the Town of Marlborough are eligible locations for establishment of a Business Corridor Overlay District if they a) enjoy highway frontage useable for access to and from Route 9W, and b) are within 250 feet of the right of way line of New York State Route 9W and are currently devoted to, or were previously devoted to, residential, commercial or light industrial use and which are deemed an acceptable site for corridor overlay districting by the Town Board in order to implement a specific concept plan of development for commercial or light industrial activity.
(4)
Permitted uses. In the event that the Town Board establishes a Business Corridor Overlay District designation, the principal permitted uses, the permitted accessory uses, and the permitted special uses of the property shall be those uses which are allowable within the HD Highway Development District. In the exercise of legislative discretion, the Town Board shall be entitled to establish such lot, height, yard, bulk, and area requirements as the Town Board finds to be appropriate to the circumstances of each particular development proposal. In the exercise of legislative discretion, the Town Board may authorize mixed uses on lands to be rezoned to BC in order to allow for the continuation of preexisting uses which might otherwise become nonconforming as a result of the zoning change. Notwithstanding the foregoing, new and used car sales, and adult entertainment uses, shall be prohibited in a BC District.
(5)
Procedure for establishment.
(a)
Petitions for the establishment of a Business Corridor Overlay District by amendment of the Zoning Map shall be made in writing to the Town Board. Applications shall be made by the owner or owners of the land proposed to be included in such district or by a person or persons possessing written contract or option rights to purchase such lands. In the event that an application is made by a person or persons holding contract or option rights to purchase the lands, the application shall be accompanied by a statement signed by the owner or owners granting authority on the part of such applicant to make the application. Upon submission of a complete application, the Town Board shall refer the application to the Planning Board for recommendation.
(b)
Application materials. The applicant shall submit a conceptual development plan of sufficient detail as shall be determined by the Town Board. The conceptual development plan shall consist, at a minimum, of the following:
[1]
A metes and bounds description of the proposed district;
[2]
A survey of the land prepared and certified by a licensed land surveyor;
[3]
A map drawn to scale showing existing conditions of the parcel, including:
[a]
The name and address of the owner of record and, if the applicant is not the owner, then also the applicant;
[b]
The name of the person or firm preparing the plan;
[c]
The date, North arrow and scale of the plan;
[d]
The names, addresses and tax map parcels of owners of all parcels within 500 feet of the subject property. The applicant shall include mailing labels for all property owners of parcels within 500 feet of the subject parcel;
[e]
The acreage of the parcel and the tax number or numbers;
[f]
The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel;
[g]
The approximate location and outline of existing structures both on the parcel and within 100 feet of the property line;
[h]
The location of any existing storm or sanitary sewers, culverts, water lines, hydrants, catch basins, manholes and other visible infrastructure as well as other utilities within or adjacent to the parcel;
[i]
The existing zoning of the parcel;
[j]
The approximate location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body;
[k]
The approximate boundaries of any areas subject to flooding or storm water overflows;
[l]
The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property);
[m]
The identification of any other significant natural features.
[4]
The conceptual development plan, drawn approximately to scale, shall clearly show the following:
[a]
The approximate location and dimension of proposed principal and accessory buildings on the site and their relationship to one another, and to other structures in the vicinity;
[b]
The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas, and proposed access to the site;
[c]
The proposed source of water supply and method of delivery to the site;
[d]
A general plan for the collection and disposal of sanitary waste from the site;
[e]
A general plan of proposed stormwater management facilities;
[f]
Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.
[5]
A vicinity map showing the proposed use in relationship to adjoining uses, transit services, food stores, community facilities, social service facilities, medical facilities, pharmacy, and religious institutions.
[6]
Preliminary architectural treatment of any readapted or new buildings.
(c)
Initial review.
[1]
In its review of the application, the Town Board may suggest such changes in the conceptual development plan as are found to be necessary or desirable by the Town Board in order to meet the standards of this § 155-12H. The Town Board may notify the applicant of such changes and may discuss such changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or deny the rezoning application.
[2]
The Town Board may reject the application at any time.
(d)
Planning Board review.
[1]
Upon the Town Board's satisfaction with the conceptual development plan, and upon the receipt of a request from the Town Board, the Planning Board shall review the project for purposes of site plan or special permit approvals, as such approvals may be required for the particular project under the regulations pertaining to the HD Highway Development district. Upon the filing of complete application documents for site plan or special permit approval as otherwise set forth in this chapter, the Planning Board shall schedule and hold a public hearing. It is anticipated that, as between the Planning Board and the Town Board, the Planning Board may serve as lead agency pursuant to the New York State Environmental Quality Review Act.
[2]
In the event that the Planning Board approves the application for site plan approval or special permit, as the case may be, the Planning Board shall condition the approval upon the Town Board's amendment of the Zoning Map[1] by local law to establish a Business Corridor Overlay Zone designation for the subject property.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
(e)
Town Board Review. Following conditional approval by the Planning Board, and after legislative public hearing by the Town Board, the Town Board may act to approve, approve with modifications or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment by local law of the Zoning Map established by this chapter.[2]
[2]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
(f)
Criteria for rezoning by the Town Board to Business Corridor Overlay District. In determining whether or not to amend the Zoning Map to establish a BC District, the Town Board shall consider, together with the intent and objectives of this section, whether the proposed district and development plan meet the following criteria:
[1]
How the site shall be served by potable water and sanitary sewer facilities, and whether such facilities will be adequate to accommodate any additional demand placed upon them by the proposed development or readaptation;
[2]
Whether the site is well drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding;
[3]
Whether the site is located in an area suitable for the proposed elimination of nonconformity or readaptation of buildings and site development so as to be reasonably free of objectionable conditions such as odors, noise, dust, air pollution, traffic volumes beyond the capacity of the existing road system or proposed road improvements, and other environmental constraints;
[4]
The site shall be located in a manner that allows access to the site from a public street with adequate site distances and that meets current engineering standards of the Town;
[5]
The architectural style of any proposed readaptation or modification of development and exterior materials, finish and color shall be consistent with the character of nearby properties;
[6]
The readaptation or modification of the site shall not produce undue adverse effects on the surrounding neighborhood;
[7]
The extent to which the scope and design of the project will establish a worthwhile asset for this segment of the community and the community as a whole.
(g)
Time limit on validity of rezoning. Any zoning permitted by this section shall be null and void and the zoning of the parcel shall revert back to its original zoning classification by a ministerial designation on the Zoning Map[3] by the Town Clerk, when directed by the Town Board, unless actual construction, pursuant to an approved site plan and a valid building permit is commenced within two years from the date of adoption by the Planning Board of a resolution of site plan approval following the rezoning.
[3]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
(h)
Fee. An application fee shall be charged in the amount provided for in the relevant fee schedule prevailing at the time of application. Actual consultant expenses incurred by the Town at all stages of processing a project under this section shall be defrayed by the applicant as provided within this chapter.
§ 155-12.1 Mixed uses.
[Added 5-27-2003 by L.L. No. 2-2003; amended 2-24-2025 by L.L. No. 1-2025]
A.
Purpose. The purpose of allowing mixed uses is to encourage the establishment of commercial and business entities that are compatible in nature and allowed in the designated zone without the necessity of creating smaller individual lots.
B.
Mixed uses allowed. Mixed uses on a single parcel of land shall be allowed in all zones. Uses may be mixed among those uses considered compatible according to the following list.
C.
Applicability, uses must be allowed by current zoning. Mixed uses must meet all density requirements as if individual uses and must be either principal permitted or special uses within the designated zone. The applicability of these uses does not supersede restrictions placed on uses within the zones, i.e., a combination of uses may be allowed only if those uses are allowed as separate entities within the zone as described in § 155-12 (Use regulations).
D.
Special use. Mixed uses shall be considered a special use and subject to Planning Board approval.
§ 155-12.2 Additional restrictions on uses.
[Added 3-22-2004 by L.L. No. 1-2004; amended 2-24-2025 by L.L. No. 1-2025]
A.
In all zones other than the C-1 and C-2 Zones, residential use of a lot shall be limited to one single-family residence, or if density allows, one two-family residence on an individual lot.
B.
Residential uses. More than one residential unit shall be considered compatible with other combinations of uses only in the C-1 and C-2 Zones.
C.
The foregoing restrictions shall not apply to multiple-family dwellings, adult multiple dwellings, senior citizen housing, affordable senior citizen housing or any other specific section of the Code of the Town of Marlborough designed to make exception to this restriction.
§ 155-13 Water and sewer requirements.
A.
Notwithstanding any other provision of this chapter which permits single-family homes on lots of less than one acre, the minimum lot area for any residential dwelling not served by a public sewer system shall be related to the minimum usable area for on-site waste disposal systems, as defined in this chapter, as follows:
B.
Determinations of minimum usable area shall be subject to the approval of the Town Engineer, if such is appointed, or the Ulster County Department of Health.
C.
The Town Engineer or the Department of Health shall certify to the Building Inspector the minimum usable area for any lot not served by public waste disposal before any building permit is issued.