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

A pool less than 24 inches deep.

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.

Application fees and permit fees shall be established, from time to time, by resolution adopted by the Town Board.

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.

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.

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.

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.

Front yard: No wall or fence nor all or any portion thereof shall be located in any front yard except as follows:

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.

The following fences and fencing material are specifically prohibited:

All chain link fences erected shall be erected with the closed loop at the top of the fence.

No fence shall be multicolored.

All entrances or gates shall open onto the property.

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.

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.

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.

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.

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.

Fencing.

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 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.

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.

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.

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.

Office, business and commercial uses:

Light industrial uses:

Public and semipublic uses:

Recreational uses:

Residential uses:

For uses not listed herein, as established by the Zoning Board of Appeals.

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.

Thirty-degree parking: a twelve-foot aisle width for one-directional flow and a twenty-four foot aisle width for two-directional flow.

Forty-five-degree parking: a sixteen-foot aisle width for one-directional flow and a twenty-four-foot aisle width for two-directional flow.

Sixty-degree parking: a twenty-foot aisle width for one-directional flow and a twenty-four-foot aisle width for two-directional flow.

Perpendicular parking: a twenty-four-foot aisle width for one-directional and two-directional flow.

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.

In business districts or industrial districts, such spaces shall be provided on the same lot or not more than 400 feet therefrom.

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.

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.

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.

For funeral homes, one berth for each chapel.

For hotels, motels and vacation resorts, one berth for floor area in excess of 10,000 square feet.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

All parking areas, landscaping and screening shall be properly maintained thereafter in a sightly and well-kept condition.

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.

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:

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.

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.

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.

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.

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.

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.