New Paltz City Zoning Code
ARTICLE VI
Supplemental Regulations
§ 140-26 Home occupations.
[Amended 12-20-2001 by L.L. No. 6-2001; 12-19-2002 by L.L. No. 8-2002]
In any zoning district, home occupations, as defined in this chapter, are allowed to be conducted subject to the additional provisions that no person shall be permitted to share, let or sublet space for any business, trade or profession; that there shall be no external evidence of such use; and that there shall not be any exterior storage of materials or equipment.
§ 140-26.1 Shopping centers.
[Added 3-18-1999 by L.L. No. 4-1999; amended 3-25-2004 by L.L. No. 2-2004]
A.
Within that portion of the B-2 Zoning District lying generally on the northerly side and on the southerly side of New York State Route 299, extending from the easterly boundary of the incorporated Village of New Paltz Ulster County, New York, shopping centers shown on site plans for which final approval has been granted prior to March 18, 1999, shall be deemed a use permitted in the B-2 Zoning District and may be developed or expanded, subject to the requirements of § 140-52 of this chapter, and any applicable provisions of the Town Code in effect at the time of any application for approval of a site plan; provided, however, that no single store in such shopping center shall be permitted to expand beyond 50% of its approved floor area or beyond 65,000 square feet of floor area, whichever is less.
[Amended 10-3-2019 by L.L. No. 7-2019[1]]
[1]
Editor's Note: This local law also repealed former Subsection B, containing approval for additional shopping center areas, and redesignated former Subsection C as Subsection B.
B. FLOOR AREA DEVELOPED EXPANDED
For purposes of this section, the following words and terms are defined as follows:
The same meaning as defined in § 140-4 of the Code of the Town of New Paltz and shall additionally include cellar space providing structural headroom of seven feet six inches or more.
Constructed, demolished (in whole or in part) and reconstructed, modified, rehabilitated, or refurbished.
An increase in the net floor area of a building shown on a site plan for a shopping center use approved prior to March 18, 1999. “Expansion” of a building or use shall not include any development or reconstruction of a building or use otherwise permitted by this section that reduces the net floor area shown on such site plan.
§ 140-27 Excavations.
A.
Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create any noxious or injurious substance or condition or cause public hazard.
B.
In any district, excavation relating to the construction, on the same lot, of a building or structure for which a building permit has been issued shall be permitted. In the event that construction of a building or structure is stopped prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials, and any excavation with a depth greater than two feet below existing grade shall immediately be filled in and the topsoil replaced, or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area in which the excavation is located.
§ 140-28 Activity standards.
In any district, the following standards for activities shall apply:
A.
The distribution of manure, fertilizer, spray or dust for agricultural purposes is permitted; provided, however, that no storage of manure, odor- or dust-producing substance or use shall be permitted within 200 feet of any property line, except on farms, where customary agricultural operations shall be permitted.
B.
No offensive or objectionable vibration, odor or glare shall be noticeable at or beyond the property line.
C.
No activity shall create a physical hazard, by reason of fire, explosion, radiation or other such cause, to persons or property in the same or adjacent district.
D.
There shall be no discharge of any liquid or solid waste into any stream or body of water or any public or private disposal system or into the ground of any materials of a nature that may contaminate any water supply, including groundwater supply.
E.
There shall be no storage of any material, either indoors or outdoors, in such a manner that it facilitates the breeding of vermin or endangers health in any way.
F.
The emission of smoke, fly ash or dust which can cause damage to the health of persons, animals or plant life or to other forms of property shall be prohibited.
§ 140-29 Planned new streets.
After the planned right-of-way line for future streets, for future extensions of existing streets or for future street widening is established on the Official Map, if any, buildings and structures shall be set back from such line as though it were a street line.
§ 140-30 Accessory buildings and uses.
A.
Accessory buildings not attached to principal buildings shall be located not closer to the principal building than 12 feet or a distance equal to the height of each accessory building, whichever is greater.
B.
In a residential district, accessory uses not enclosed in a building, including swimming pools and tennis courts, shall be erected only on the same lot as the principal structure, may not be constructed in the side or front yards of such lot and shall be distant not less than 20 feet from any lot line nor less than 10 feet from the principal structure and shall not adversely affect the character of any residential neighborhood by reason of noise or glare or safety.
C.
No person shall construct or install a swimming pool in the Town without having first obtained a permit therefor, issued by the Building Inspector. An application for such a permit, accompanied by two sets of plans and specifications of such proposed swimming pool, shall be filed with the Building Inspector. There shall be stated in such application the premises and the exact location thereon where said swimming pool is proposed to be constructed or installed. A fee as set forth from time to time by resolution of the Town Board shall be charged for such permit and shall accompany the application. In those cases where the approval of the Ulster County Board of Health is required, pursuant to its rules, regulations or procedures governing specific types and locations of pools, the Building Inspector shall issue a building permit only after the receipt of any approval required by the Ulster County Board of Health.
[Added 2-22-2001 by L.L. No. 1-2001]
D.
Notwithstanding the provisions of any state or local law, rule, order or regulation which shall apply, the perimeter of the pool, unless specifically exempted below, shall be enclosed with a permanent fence, which shall be a minimum of 48 inches in height and which shall be installed and thereafter maintained so as to be structurally sound and durable.
[Added 2-22-2001 by L.L. No. 1-2001]
E.
The following shall be exempt from the requirements of Subsection D, above:
[Added 2-22-2001 by L.L. No. 1-2001]
(1)
Aboveground pools with at least 46 inches between the pool decking or pool top and adjoining grade for a distance of at least five feet measured horizontally from the pool deck or pool top, provided that their access ladder or steps can be blocked in an approved manner when not intended for use; and
(2)
A pool less than 24 inches deep.
§ 140-31 Visibility at intersections.
For the purpose of minimizing traffic hazards at street intersections, on any corner lot, no obstructions higher than 2 1/2 feet above the adjacent top-of-curb elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines or their projections, where corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.
§ 140-32 Fences and walls.
[Amended 5-24-1990 by L.L No. 12-1990]
A. BUILDING INSPECTOR FENCE HEIGHT LIVING FENCE LOT, CORNER PERSON TENNIS COURT TOWN BOARD TOWN CLERK YARD, FRONT YARD, FRONT, REAR LINE YARD, REAR YARD, SIDE ZONING BOARD OF APPEALS ZONING ENFORCEMENT OFFICER
Word usage and definitions. As used in this section, the following terms shall have the meanings as indicated:
The Building Inspector of the Town of New Paltz.
Any structure, regardless of composition, except living fences, that is erected or maintained for the purpose of enclosing in full or in part any open space, lot or yard or dividing the same into distinct portions.
The vertical distance from the ground to the top of a fence which shall be measured from the average finished grade of the land upon which the same is erected.
Any fence or hedge composed of live materials.
A lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135º.
Any individual, firm, partnership, association, corporation, company or organization who or which resides in or was or which is engaged in the performance of any business, venture, accommodation or activity within the Town of New Paltz and shall include any individual, firm, partnership, association, corporation, company or organization that has a lease, oral or in writing, either as landlord or tenant, for any premises within the Town of New Paltz.
Any area on the ground upon which a game using a net between opposing players, a ball and racquets is played, and includes any adjacent fencing, walls, screening or other material which may limit the movement of or confine the ball or serve to conceal the court.
The Town Board of the Town of New Paltz.
The Town Clerk of the Town of New Paltz.
A yard extending along the full length of the front lot line between the side lot lines.
The horizontal distance between the side lot lines measured along the rear line of any front yard setback required pursuant to the Density Control Schedule of the Town of New Paltz Zoning Law[1] or the horizontal distance between the side lot lines measured along a line coincident with the front facing portion of the principal building or structure located upon the lot, whichever of the foregoing lines shall be nearer to the rear lot line.
A yard extending along the full length of the rear lot line, between the side lot lines.
A yard situated between the building and the side line of a lot and extending from the front yard rear line or from the front lot line if there is no required front yard to the rear yard front line or to the rear lot line if there is no required rear yard.
The Zoning Board of Appeals of the Town of New Paltz.
The Zoning Enforcement Officer of the Town of New Paltz.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
B.
Applicability. In any district wherein residences are permitted, it shall be unlawful for any person to construct or to commence construction of a wall or fence without first making application to and obtaining a permit from the Building Inspector of the Town of New Paltz.
C.
Business and industrial properties. In any business district or industrial district there shall be no restrictions on fences or walls except on a residence district boundary line, where such fences or walls shall be limited to eight feet in height and except where corner clearances are required.
D.
Building permit required.
(1)
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a plan or sketch, accurately drawn and dimensioned to scale, showing the proposed location of any fence or wall and the materials proposed to be used therein, which must be in accordance with this chapter and which must be in accordance with any other pertinent local law regulating construction within the Town of New Paltz and shall be accompanied by an appropriate fee. Upon approval by the Building Inspector, a permit shall be issued which will be in effect for a period of one year from the date such permit is issued. Said permit shall be conspicuously posted on the job during the progress of the work so that the same may be inspected by any appropriate Town official. In the event that any approved fence construction is not completed within said one-year period, a new application and permit will be required.
(2)
Application fees and permit fees shall be established, from time to time, by resolution adopted by the Town Board.
E.
Living fences. Living fences shall be excepted from the provisions of this chapter; provided, however, that no living fence shall be placed nearer than two feet to any existing sidewalk nor to any adjoining property line. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with the visibility of pedestrian or vehicular traffic.
F.
Height limitations. Except as otherwise provided in this chapter, heights shall be limited as follows:
(1)
Rear yards: No fence or wall nor any portion thereof located in any rear yard nor along all or any portion of any rear lot line shall be more than six feet in height.
(2)
Side yards: No fence or wall nor any portion thereof located in any side yard nor along all or any portion of any side lot line shall be more than six feet in height nor shall any wall or fence nor any portion thereof located in any side yard nor along all or any portion of any side lot line extend forward of the front yard rear line.
(3)
Front yard rear line: No fence or wall nor any portion thereof located along all or any portion of any front yard rear line shall be more than six feet in height.
(4)
Front yard side lot line: No wall or fence nor all or any portion thereof located along all or any portion of any side yard extending from the front yard rear line to the front lot line shall be greater than four feet in height.
(5)
Front yard: No wall or fence nor all or any portion thereof shall be located in any front yard except as follows:
(a)
A fence not exceeding four feet in height and intended for decorative purposes may be erected as part of a landscape plan in a front yard along, adjacent to or in connection with a driveway or corner of a front yard; provided, however, that for the purpose of minimizing traffic hazards at street intersections, no wall or fence nor all or any portion thereof located on any corner lot and higher than 2 1/2 feet above the adjacent elevation shall be permitted to be planted, placed, erected or maintained within the triangular area formed by the intersecting pavement lines or their projections where corners are rounded and a straight line joining the pavement lines at points 50 feet distant from their point of intersection; and
(b)
Such wall or fence shall be erected wholly within the lot lines of the property.
G.
Materials and composition.
(1)
Any fence or wall, including any living fence, which unduly cuts off light or air or which may cause a nuisance, a fire hazard or a dangerous condition is hereby expressly prohibited.
(2)
The following fences and fencing material are specifically prohibited:
(a)
Canvas fences.
(b)
Cloth fences.
(c)
Barbed wire, electrically charged fences, poultry or chicken wire fences except as may be required to contain livestock and farm animals upon any lands of 10 acres or more and used primarily or exclusively as a farm.
(d)
Temporary fences, including but not limited to snow fences, expandable fences, collapsible fences, etc., unless on construction sites pursuant to a valid permit issued by the Building Inspector.
(3)
All chain link fences erected shall be erected with the closed loop at the top of the fence.
(4)
No fence shall be multicolored.
(5)
All entrances or gates shall open onto the property.
(6)
Any wood, stockade, chain link or other type of fence shall have the smooth or finished side facing the outside of the property of the owner installing the fence. Fence posts shall be placed on the inside of the fence.
(7)
All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic.
H.
Tennis and other courts.
(1)
Compliance with provisions. No tennis court or elevated court shall be built or maintained on any plot or parcel of land in any residential district in the Town of New Paltz, as may be shown on the Zoning Map of the Town of New Paltz,[2] except in compliance with the provisions of this chapter.
[2]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
(2)
Construction as accessory use. No tennis court or elevated court may be constructed or maintained except as an accessory use incidental to and subordinate to the principal use of the property.
(3)
Location on lot No tennis court or elevated court shall be constructed in a front yard or side yard nor shall the same be constructed within 20 feet of any side lot line.
(4)
Fencing.
(a)
Where such tennis court is to be surrounded by a fence, the same shall be constructed and maintained in accordance with the following specifications so long as the tennis court remains in existence:
[1]
Height: The height shall be not less than 10 feet nor more than 12 feet above the playing surface.
(b)
All elevated courts shall be completely enclosed with fences of sufficient height and density to keep the ball within the confines of the court itself and shall be built of materials of adequate strength to form a permanent, safe and steady structure sufficiently secure to assure that the game and the players will be confined within the court area.
I.
Visibility at intersections; violations. The Building Inspector shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees or flowers or other vegetation, fence, wall or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections, driveways or curbs. Any person who shall refuse or neglect to comply within 15 days with the written direction of the Building Inspector shall be guilty of a violation of this section and shall be subject to its penalties.
J.
Nonconforming structures. The lawful use of any fence or wall existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter. If any such fence is hereafter removed or destroyed, the same shall not be rebuilt except in compliance with the terms and provisions of this section.
K.
Appeals. The Zoning Board of Appeals is hereby empowered to review and decide appeals from any order, requirements, decisions, determination or opinion made by the Building Inspector or any other administrative official charged with the enforcement of the provisions of this section. Such appeal shall be taken within 30 days of the decision or action complained of. The Zoning Board of Appeals shall have the power, in passing on appeals to it, to vary or modify the provisions of this chapter relating to the construction, placement or height of fences, such that the spirit of this chapter shall be observed, that public safety and welfare shall be secured and that substantial justice shall be done by granting a variance upon a showing of practical difficulty or unnecessary hardship. In granting such a variance, the Board may attach conditions to the variance as, in its judgment, it deems appropriate.
L.
Inspections and enforcement.
(1)
The Building Inspector is hereby authorized and directed to make inspections to determine compliance with this section. Whenever the Building Inspector determines that there is a violation of the provisions of this section, such Building Inspector shall cause a written notice to be served upon the person alleged to be in violation of any of the provisions of this section, which shall include:
(a)
An enumeration of conditions which violate the provisions of this section;
(b)
An enumeration of the remedial action required to meet the standards of this section;
(c)
A statement of a definite number of days from the date of the notice in which the person to whom such notice is directed must commence and complete such remedial action; and
(d)
A statement of penalties for noncompliance, as set forth herein.
(2)
A copy of such notice shall be filed in the office of the Town Clerk of the Town of New Paltz, and service of such notice shall be deemed sufficient if served upon the person alleged to be in violation of any of the provisions of this section in the manner prescribed in supreme court practice; provided, however, that the filing of proofs of service shall not be required.
M.
Penalties for offenses.
(1)
Each and every violation of this section shall constitute and shall be a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law and shall be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or by both.
(2)
Any person violating this section shall be subject to a civil penalty enforceable and collectible by the Town. Such penalty shall be collectible by and in the name of the Town for each week that such violation shall continue.
(3)
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this section.
§ 140-33 Commercial parking lots.
§ 140-34 Off-street parking and loading.
In all districts, off-street automobile parking spaces and truck loading areas for the various permitted uses shall be required at the time any of the main buildings or structures of such uses are constructed or altered, as follows:
A.
Required off-street automobile parking spaces. The minimum cumulative number of spaces shall be determined by the amount of dwelling units, bedrooms, floor area, members, equipment, employees and/or seats contained in such new buildings or structures or added by alteration of buildings or structures, and such minimum number of spaces shall be maintained by the owners of such buildings or structures as follows:
(1)
Office, business and commercial uses:
(a)
Required spaces:
[1]
For a retail business or service, bank or post office, one space for each 200 square feet of customer floor area.
[2]
For an office, including professional, personal service, public utility or public, one space for each 300 square feet of gross office floor area.
[3]
For a restaurant, bar or nightclub, one space for each 50 square feet of customer floor area.
[4]
For a funeral home, one space for each five seats of auditorium capacity.
[5]
For any commercial use, one space for each company vehicle.
(b)
Spaces in municipal parking lots, where provided, may be credited toward the parking requirements for these nonresidential uses, provided that:
[1]
These spaces are within 400 feet of the uses to be served.
[2]
The parking needs of existing facilities, within 400 feet and computed on the same basis as for new facilities, are satisfied first, and only excess capacity is used for this purpose.
[3]
A special permit for such use is obtained from the Zoning Board of Appeals.
(2)
Light industrial uses:
(a)
One space for each 400 square feet of floor area devoted to manufacture, including printing, publishing and laundry or dry-cleaning plants.
(b)
One space for each 2,000 square feet of floor area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area devoted to outside storage, including used car lots and equipment rental or sales yards.
(d)
For any industrial use, one space for each company vehicle.
(3)
Public and semipublic uses:
(a)
For places of public assembly, including churches, one space for each six seats of auditorium or stadium capacity.
(b)
For an elementary school or day nursery, two spaces for each classroom.
(c)
For a high school or college, five spaces for each classroom.
(d)
For a museum, art gallery, institution or philanthropic use, one space for each 800 square feet of gross floor area.
(e)
For a hospital, sanatorium or nursing or convalescent home, one space for each two beds.
(f)
For a club, one space for each 200 square feet of gross floor area.
(6)
For uses not listed herein, as established by the Zoning Board of Appeals.
B.
Calculation of required spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification. Whenever a major fraction of a space is required, a full space shall be provided.
C.
Dimensions for off-street automobile parking spaces. Every such space provided shall be at least nine feet wide and 18 feet long, unless the Planning Board determines that the nature of the use requires that the parking spaces be increased in size, and shall have direct and usable driveway access to a street with minimum maneuver area between spaces as follows:
[Amended 12-19-2002 by L.L. No. 8-2002]
(1)
Parallel curb parking: 20 feet end-to-end with a twelve-foot aisle width for one-directional flow and a twenty-two-foot aisle width for two-directional flow.
(2)
Thirty-degree parking: a twelve-foot aisle width for one-directional flow and a twenty-four foot aisle width for two-directional flow.
(3)
Forty-five-degree parking: a sixteen-foot aisle width for one-directional flow and a twenty-four-foot aisle width for two-directional flow.
(4)
Sixty-degree parking: a twenty-foot aisle width for one-directional flow and a twenty-four-foot aisle width for two-directional flow.
(5)
Perpendicular parking: a twenty-four-foot aisle width for one-directional and two-directional flow.
D.
Location of required spaces.
(1)
In any residential district, required automobile parking spaces shall be provided on a buildable portion of the same lot and shall not encroach on any required yards or required open area.
(2)
In business districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.
(3)
No open or enclosed parking area shall encroach on any required front yard or required open areas. Open parking areas may encroach on a required side or rear yard to within three feet of a property line.
(4)
No entrance and exit drives connecting the parking area and the street shall be permitted within 30 feet of the intersection of two public rights-of-way.
E.
Required off-street truck loading areas shall be as follows:
(1)
For permitted general uses, one berth for 10,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area, unless it can be proven that truck deliveries shall not exceed one vehicle per day.
(2)
For funeral homes, one berth for each chapel.
(3)
For hotels, motels and vacation resorts, one berth for floor area in excess of 10,000 square feet.
(4)
For office, business and commercial uses, one berth for 10,000 square feet to 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet of floor area.
(5)
For manufacturing and permitted industrial uses, one berth for the first 10,000 square feet of floor area, and one additional berth for each additional 40,000 square feet of floor area.
F.
Dimensions for off-street loading berths. Each required loading berth, open or enclosed, shall have the following minimum dimensions: 35 feet long, 12 feet wide and 14 feet high, except that berths for funeral homes may be 20 feet long, 10 feet wide and eight feet high.
G.
Location of required berths.
(1)
All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Open off-street loading areas shall not encroach on any required front or side yard, accessway or off-street parking area, except that, in business districts, off-street parking areas, where they exist, may be used for loading or unloading, provided that such spaces shall not be so used for more than three hours during the daily period that the establishment is open for business.
(2)
The location, number, size and design of loading and unloading areas for nonresidential uses and the accessways thereto shall require the approval of the Planning Board prior to the issuance of a building permit or certificate of occupancy by the Building Inspector.
H.
Construction of parking areas.
[Amended 12-14-2006 by L.L. No. 6-2006]
(1)
All parking areas shall be paved with an all-weather surface of asphalt or concrete, unless the Planning Board determines in the course of its review of a subdivision, site plan or special permit application that the nature and character of the use are such that a suitable pervious or semi-pervious parking surface will provide safe and suitable parking areas, and specifically waives the requirement for an asphalt or concrete surface in approving such application.
(2)
Notwithstanding such waiver, construction of a parking area may not be approved by the Building Department unless the applicant and property owner file a written agreement, duly acknowledged in the same manner as a deed or other document of record, stating that they agree and consent to pave the parking area surfaces within 120 days of receiving written notice from the Building Department that a paved surface is required to provide safe and suitable access.
(3)
When a parking area is paved, the individual spaces, travel and fire lanes and traffic control points shall be visibly marked with paint or other durable material in conformity with standard traffic marking procedures, and such markings shall be maintained in good condition at all times. When a parking area is not required to be paved, the Planning Board shall provide for suitable means of designating parking spaces, lanes and ingress and egress to the site. All parking areas shall be constantly maintained so as to prevent potholes or other disruptions to the flow of traffic entering or within the parking area.
(4)
Each individual parking space shall be delineated on the surface of the parking area by "doublestriping" the space: two lines shall be painted parallel to the longest dimension of the space, each four inches in width and beginning eight inches on either side of the center line of the boundaries of the space.
(5)
All required parking spaces shall be available for the use to which they are related and shall not be used for parking unrelated to the duly approved use of the lot nor for any form of temporary or permanent storage (including snow storage areas) or outdoor displays, except as may be authorized by a duly approved site plan.
(6)
Where parking areas are proposed for single-family dwellings, the requirement for all-weather paving or pavement markings for individual spaces will be at the option of the applicant or owner.
I.
Landscaping. At least 10% of the total area within any off-street parking area, including driveways and other paved areas, shall be landscaped. The landscaping shall be shown on a landscaping plan approved by the Planning Board and may consist of lawn, trees, shrubs, naturalized plantings or other plants designed, arranged and maintained in accordance with a maintenance schedule set forth in the landscaping plan. In appropriate cases, the Planning Board may require the installation of irrigation systems and the designation of snow disposal areas, located so as to avoid damaging landscaped areas.
[Amended 12-19-2002 by L.L. No. 8-2002; 10-3-2019 by L.L. No. 7-2019]
(1)
All loading berths and parking areas of three or more spaces that abut a residential lot line and any parking lot for more than 20 cars shall be screened by a compact evergreen hedge or a landscaped strip of trees and shrubs effectively designed and regularly maintained so as to adequately screen adjoining property from the noise and visual impact of such parking area.
(2)
All parking areas, landscaping and screening shall be properly maintained thereafter in a sightly and well-kept condition.
§ 140-35 Gasoline filling stations.
In any district where permitted, a gasoline filling station shall be subject to the following regulations:
A.
No gasoline filling station shall be located within 2,000 feet of any other public garage or gasoline filling station.
B.
Filling stations shall be permitted only on lots of 10,000 square feet or more, with 100 feet of minimum frontage.
C.
The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
D.
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
E.
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
F.
All repair work and storage shall be within a completely enclosed building which has a maximum height of 15 feet. Such repair work shall not include any body repair work or spray painting or car washing which requires mechanical equipment.
G.
No display or storage of items for sale or lease shall be kept outside of the building.
§ 140-36 Essential services. [1]
[Added 11-19-2009 by L.L. No. 6-2009]
A.
Such uses shall be located on land owned by, or leased to, a municipal corporation, the county, state or federal government, or a nonprofit corporation duly established and authorized by law to provide firehouses, ambulance and emergency services stations. An essential service use may include accessory communications equipment related to essential services but shall exclude a utility company and public utility company as those terms are used in Article 1, § 2, of the Public Service Law of the State of New York and all wireless communications facilities as defined in Article X of this chapter.
B.
The proposed use shall be subject to site plan review by the Planning Board held following public hearing and notice as provided for in § 140-150 of this chapter.
(1)
In making its site plan determination, the Planning Board shall have the authority to modify the dimensional or physical requirements of the applicable zoning regulations for the district in which the property is located by reducing the lot area, lot width, lot frontage, lot coverage, setback requirements, maximum building height and open space requirements set forth in the Density Control Schedule of the Zoning Law[2] to the extent required to accommodate the proposed use, including any proposed accessory uses, on the property.
[2]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(2)
In making any determination to reduce any Density Control Schedule[3] requirement, the Planning Board shall take into consideration the benefit to the applicant if the modification is allowed, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such modification. In making such determination the Board shall also consider:
(a)
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by modifying the otherwise applicable dimensional requirements; and
(b)
Whether the modification will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
[3]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(3)
In making its decision to modify the area or dimensional requirements applicable to the site plan as authorized above, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the Zoning Law, and shall be imposed for the purpose of minimizing any adverse impact such modification may have on the neighborhood or community.
(4)
Any modification of the Density Control Schedule[4] requirements shall apply to the proposed use shown on the site plan. In the event that a future change in the use of the property would add additional uses, require the construction of new site plan improvements, expand the use to additional portions of the site or otherwise increase the intensity of the use, such change in use will require a written determination by the Planning Board that its determination remains applicable to the proposed change in use.
[4]
Editor's Note: The Density Control Schedule is included at the end of this chapter..
C.
The decision to modify any applicable requirement shall be made by written resolution fully setting forth the basis for the Planning Board's determination, duly adopted by a majority of the Planning Board, and shall be filed in the office of the Town Clerk in the manner required by § 274-a of the Town Law. The approved site plan shall include a note stating the nature and extent of any modified requirement(s) and the date of the Planning Board determination allowing such modification.
D.
In reviewing site plans for proposed essential services, the Planning Board shall consider the following principles:
(1)
To the extent possible, entrances and exits to facilities for such uses shall be so located as to avoid directing vehicular traffic to and through adjacent minor residential streets.
(2)
If located in or abutting a residential district of the Town, the location, design and operation of such uses shall avoid, to the extent practicable, adverse effects on the character of the surrounding residential area. If the nature of the proposed use is such that such effects cannot be entirely avoided, the Planning Board shall require reasonable measures that minimize or mitigate such effects, to the extent practicable and consistent with the proposed use.
(3)
In the event that a reduction in parking spaces is proposed, the Planning Board shall authorize such reduction only after determining that a reserve parking area sufficient to accommodate the applicable parking requirements is available on the site, that sufficient parking is available in the vicinity of the site to accommodate unanticipated parking demand and that satisfactory arrangements have been made to allow the use of such parking areas by the applicant, or that the applicant has demonstrated by suitable evidence that such parking will not be required by the proposed use.
(4)
The site of any such use shall be arranged to provide any necessary fences, bathers and other safety devices and shall be landscaped in a manner consistent with surrounding uses.
§ 140-37 Excavations for soil mining.
[Amended 12-30-1987 by L.L. No. 9-1987]
Excavation for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal, shall be allowed only by special permit in A, I-1 and F Districts, subject to § 140-27 and the following provisions:
A.
Before a special permit is issued, the applicant shall submit to the Planning Board and the Board of Appeals two copies of a map, at a scale of one inch equals no more than 100 feet, showing all land within 200 feet thereof, with exact locations of all buildings, streets, utilities, drainage or other easements, watercourses, lot lines, block and lot numbers and names of the landowners. Such map shall also show the present topography at two-foot contour intervals. The map shall be signed by a licensed engineer or land surveyor for certification of its accuracy.
B.
The applicant shall also submit to the Planning Board and the Zoning Board of Appeals two copies of the proposed plan of excavation at the same scale as above showing the proposed finished elevations at one-foot contour intervals and the proposed drainage plan.
C.
During excavation or quarry operations, open pits and quarry walls shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area, with suitable gates provided with locks. The top and/or toe of slope shall be not closer than 40 feet to a property line.
D.
No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating the product of such excavation shall be permitted.
E.
The proposed finished grading plan shall show the land to be smooth-graded and topsoil respread to a minimum depth of four inches. Slopes shall not exceed the normal angle of repose of the material removed.
F.
The applicant shall be required to furnish a performance bond in an amount determined by the Building Inspector to be sufficient to guarantee completion of the finished grading and drainage plan. Such bond shall be released only upon certification by the Building Inspector that all requirements, including the finished grading and drainage, have been complied with.
G.
No special permit for excavation operations or soil mining shall be granted for a period of more than three years, but such permit may be extended for an additional two years upon approval of the Board of Appeals.
H.
Upon approval, one copy of the approved excavation plan shall be returned to the applicant by the Town Clerk, together with the special permit, upon the payment of a fee as set forth from time to time by resolution of the Town Board to cover all engineering and other costs directly attributable to the approval and office and field checking of the proposed soil mining operations.
I.
The Board of Appeals may waive any one or all of the above requirements, provided that such waivers do not create a hazardous or dangerous condition.
§ 140-38 Mobile homes.
[Amended 12-30-1987 by L.L. No. 9-1987]
Single mobile homes are specifically prohibited in all zoning districts, except as permitted by the Planning Board for agricultural laborers as part of a working farm.
§ 140-39 Cemeteries or crematories.
No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a 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 no closer than 20 feet to any residential lot line. Crematories shall be located only in cemeteries.
§ 140-40 Sanitary facilities.
No person shall undertake to construct any new building or structure in the Town of New Paltz without first meeting the requirements for a system or facilities for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the Town, the Ulster County Department of Health and other governmental authorities.
§ 140-41 Sales and display of recreational sports vehicles as ancillary use to automobile repair use. [1]
In any district where permitted, the sale and display of recreational sports vehicles shall be allowed as an ancillary use to a permitted automobile repair use, subject to the following conditions:
A.
The principal automobile repair use must be duly licensed by the NYS Department of Motor Vehicles;
B.
Sales and displays shall be limited to new "recreational sport vehicles" ("RSVs"), as that term is defined herein, except that incidental sales of merchandise related to recreational sport vehicles offered for sale and used recreational sport vehicles resulting from those repair activities may be allowed by special permit;
C.
Sales and display of recreational sport vehicles shall be restricted to an indoor area, not exceeding the lesser of 1,500 square feet or 25% of the floor area devoted to repair of vehicles;
D.
All inventory of recreational sport vehicles, other than those displayed for sale in the designated indoor area, shall be stored in a secure area that is not accessible to the public;
E.
As a condition of the special permit, the Planning Board shall require visual and noise screening of any proposed outside inventory storage areas, provision of adequate parking and loading areas for the sales and display area, review of any proposed outdoor testing, riding or operation area, and may require that the applicant return for review of its continuing compliance with the conditions of approval; and
F.
Outdoor sales or displays of recreational sport vehicles or other vehicles are strictly prohibited.