The Town of Plattekill is hereby divided into the following types of districts:

PBD planned business park Districts are also provided for hereunder.

The district boundary lines are intended generally to follow the boundary lines of rights-of-way, existing lot lines, the center line of rivers, streams and other waterways or Town boundary lines, all as shown on the Zoning Map; but where a zone boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension or relationship to such line.

Where a district boundary line divides a lot of record at the time such line is established, the Town Board may allow the extension of activities permitted in one district to the other as a special use if the land area to which the use would be extended constitutes less than 50% of the total parcel. This is to permit more flexibility in the use of large parcels.

When the specific location of a zoning district boundary line cannot be ascertained, the Code Enforcement Officer shall refer the matter to the Zoning Board of Appeals to render an interpretation which shall then be used as the basis for applying zoning standards.

Any use identified as a principal permitted use shall be permitted as a matter of right upon application to the Code Enforcement Officer, provided the proposed use is in compliance with these regulations, except that the Code Enforcement Officer shall have authority to refer any minimal impact use or other matter involving new commercial or industrial site development to the Planning Board for site plan review. Additional uses requiring only site plan review are designated on the Schedule of District Regulations. Should site plan review be conducted for such uses the Planning Board shall have the option of conducting a public hearing on the application. Site plan review procedures and requirements set forth in § 274 of the New York State Town Law and Article IV of this Zoning Law, including SEQRA obligations, shall apply.

All special uses are subject to site plan review, public hearing and Planning Board approval prior to the Code Enforcement Officer issuing a permit for their establishment. Accessory uses are permitted to accompany principal permitted and special uses. Permits for these uses shall be issued directly by the Code Enforcement Officer, except that where an accessory use is proposed to precede a principal permitted or special use, it shall be processed as a special use.

Whenever any owner or occupant of any property in the Town of Plattekill shall, for any purpose or in any manner (1) establish a new use, (2) commercially clear, excavate or grade land for purposes of making permanent structural improvements to a property, (3) change an existing use, (4) make permanent structural improvements to a property, (5) erect a new building, or (6) move, alter, add to or enlarge any existing land use or building, such owner or occupant shall first comply with the requirements of this chapter and obtain any approvals and permits required hereunder, unless specifically exempted from such requirements by this chapter. An approval shall be required whenever a change in land use occurs, regardless of whether or not any new construction is involved hereunder, excepting a change from one agricultural activity to another. For example, the replacement of a law office (professional office) use in a BD-40 District with a pharmacy (retail and service establishment) use in the same structure would require a zoning permit even though no new construction is involved. The purpose is to evaluate any new parking needs and other changes having to do with the nature of the operation itself, irrespective of the physical improvements that may or may not be involved. In the example cited, the new pharmacy would also require special use approval, because retail and service establishments are special uses in the BD-40 District; that is to say any new use in an existing structure is treated as if it were an entirely new project.

If a proposed use is not specifically prohibited under this chapter and is not listed in any category of uses or within any zoning district on the Schedule of District Regulations,[1] the Town Board shall render a formal determination as to those districts in which the use shall be permitted. The Town Board shall, pursuant to the Municipal Home Rule Law, supersede New York State Town Law Article 16 for this purpose. If the use is permitted in a given district, the Planning Board shall then process any application for such use received for that district as a special use. The Town Board shall make its determination on the basis of similarities of the use to other specifically listed uses within various districts, taking into consideration the impacts of the use on the community and the neighborhood in which it is proposed. This shall not permit the Town Board to reclassify uses that are already listed nor shall the Town Board allow any use which is not listed in a particular district if that use is already permitted in another district.

Any use that is noxious, offensive or objectionable, by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount as to cause permanent damage to the soil and stream or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or where light reflection emanates, or that involves any dangerous fire, explosive, radioactive or other hazard or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare is prohibited. Further, except as may herein be provided, the following uses and activities are expressly prohibited:

Minimal impact uses.

Disclosure notices.

Minimum development standards. The development standards contained herein are minimums and shall apply to each dwelling unit unless otherwise specifically provided. A two-family dwelling shall, for example, require the equivalent of two minimum sized lots insofar as lot area, as will any two dwelling units on the same property. However, two principal nonresidential uses may be located on the same lot, provided there is adequate parking for each and the site plan addresses all other needs under this chapter.

Corner lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street center lines of such lot and a line drawn between points along such street center lines 75 feet distant from their points of intersection. The Planning Board may impose higher standards where necessary to deal with grade limitations that would otherwise limit the beneficial impact of these measures.

Through lot requirements. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this chapter.

Minimum lot frontage. All lots shall have a minimum lot frontage as found in the Table of Development Standards in the Zoning Law Schedule of District Regulations.[1]

Flag lots.

General application. No building or structure shall exceed in building height the number of feet permitted as a maximum on the Schedule of District Regulations[1] for the district where such building or structure is located.

Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and transmission towers, farm buildings or similar noninhabited structures under 150 feet in height. Other height exceptions may also be granted as special uses where fire-fighting capacity will not be threatened, buffers and setbacks are also proportionally greater and the need for the additional height is demonstrated by the applicant.

Side yard exception. Where the side wall of a building is not parallel with the side lot line or is irregular, the side yard may be varied at the discretion of the Planning Board. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width.

Front yard exception. When an unimproved lot is situated adjacent to or between improved lots already having a principal building within the required front yard, the front yard for the unimproved lot may be reduced to the average depth of the front yards for the two nearest adjoining improved lots, but not less than 30 feet from the center line.

Provision of yard or other open space. No yard or other open space provided about any buildings for the purpose of complying with the provisions of the law shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.

Waterfront yards. Any yard which borders on a New York State Department of Environmental Conservation classified lake, stream or body of water shall be not less than 100 feet in depth except for boathouses and docks.

No accessory building permitted by this chapter shall be placed in any required side or front yard except as provided in this article.

The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 25% of the rear yard area.

Accessory structures not attached to a principal structure shall:

No accessory structure shall be located closer than 10 feet to the side and rear lot lines, provided that it is not more than 10 feet in height. Accessory structures more than 10 feet in height shall be set back from side and rear lot lines one additional foot for each additional foot in height. Farm buildings and structures shall be exempt from this requirement, however.

Storage trailers, railroad cars, bulk containers or retired mobile home units and recreational vehicles shall not be used for purposes of accessory structures in connection with any nonagricultural use.

Swimming pools shall comply with the applicable sections of the New York State Uniform Fire Prevention and Building Code, as amended. Swimming pools shall not be located in the front yard.

Fences and walls. All retaining walls and combinations thereof over 10 feet high shall require site plan review by the Planning Board (limited to the proposed improvement only) and a building permit from the Code Enforcement Officer. Except as otherwise approved by the Planning Board as part of a site plan:

Garages and storage of recreation vehicles in residential zones.

Accessory apartments.

Flea markets and tent sales. Individuals, business owners, churches, schools and other commercial or nonprofit organizations within all districts may conduct flea markets and tent sales, provided no more than three such sales shall be conducted per calendar year and each sale is limited to four days in length. The enterprise shall not be conducted in public rights-of-way or without otherwise complying with the requirements of this chapter pertaining to off-street parking, lighting, noise and signage.

Off-street parking, loading and unloading facilities shall be provided as necessary in connection with every use. One-family and two-family residential uses shall be provided with two off-street parking spaces per dwelling unit. Parking needs with respect to all other uses shall be determined in conjunction with site plan review. The amount of parking required shall be based on the following factors:

Each parking space shall consist of not less than an average of 270 square feet of usable area for each motor vehicle, including interior driveways, driveways connecting the garage, or parking space, with a street or alley. Garages, carports, and driveways not in the public right-of-way may be considered parking spaces.

Any lighting used to illuminate any off-street parking shall be so shielded as to deflect the light away from adjoining premises and public rights-of-way and avoid light spillage onto adjacent properties.

All parking areas that are designed to accommodate 12 or more vehicles shall be landscaped using materials of sufficient growth and height to aesthetically balance the impact of the open paved area and provide effective stormwater control. The following are guideline standards the Planning Board may apply, giving due consideration to the size of the project and maintenance issues:

Any building erected, converted or enlarged for commercial, office, manufacturing, wholesale, institutional or similar uses shall, in addition to the off-street parking space required above, provide adequate off-street areas for loading and unloading of vehicles. Public rights-of-way shall under no circumstance be used for loading or unloading of materials. The minimum size loading space shall be 60 feet in depth and 12 feet in width, with an overhead clearance of 14 feet.

Access to and from all nonresidential off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following:

All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property lines by a planting strip at least 20 feet in depth landscaped according to § 110-19 hereof.

Traffic study.

Automobile service stations, location of exits and entrances. No gasoline filling station or automobile repair shop, or any vehicular access thereto, shall be located within 200 feet of school buildings, playground entrances and church buildings. Vehicular access to the above automobile uses shall not be closer to the intersection of any two street lot lines than 50 feet.

Signs advertising items sold or produced elsewhere than on the lot where such sign is located are prohibited. Signs advertising services or resorts not located on the lot where such sign is located are prohibited. This shall not apply to general directory or directional signs.

General directory signs shall be no larger than 40 square feet in area and shall include only the names of the establishments in letters no higher than five inches. Such signs shall be permitted upon special approval of the Planning Board. The Planning Board shall encourage uniform directory signs.

Signs indicating the name or address of the occupant of a permitted home occupation, provided that they shall not be larger than four square feet in area, are permitted. Only one such sign per dwelling unit shall be permitted, except in the case of corner lots, where two such signs, one facing each street, shall be permitted for each dwelling unit.

For buildings other than dwellings, one identification sign, not exceeding 32 square feet in area, may be displayed for each 250 feet of road frontage. Zoning permits shall be required for all signs larger than eight square feet in area.

Signs advertising the sale or rental of the premises upon which they are erected by the owner or broker or any person interested in the sale or rental of such premises may be erected and maintained, provided that:

The following general regulations shall apply to all permitted signs:

The Planning Board may, to assure an acceptable buffer between adjacent residential and nonresidential uses and create a healthy, safe and aesthetically pleasing environment in the Town, require a landscape plan be prepared as part of any special use or site plan review application. Such a plan may also be required whenever any nonresidential use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses. Where it is determined that a proposed special use or use subject to site plan review would not have a major impact on the natural environment, adjoining landowners or the view from a public highway, these requirements may be modified by the Planning Board to allow for alternative methods of satisfying the purposes of these regulations.

The landscape plan, if required, shall specify locations of all mature shade trees or other species of six-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors, and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall, too, be provided as part of the plan.

Planning Board review.

Landscaping guidelines. The following minimum specifications are suggested guidelines that the Planning Board may apply when new landscaping is required:

A performance bond or guarantee in a form acceptable to the Town Attorney and Town Board in the amount of 125% of the cost of materials and installation may be required to assure that all landscaping survives in a healthy condition one full year. The Code Enforcement Officer or Planning Board, as the case may be, shall determine the amount of the bond or guarantee and consider financial impacts of this requirement on the project. The Code Enforcement Officer shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the bond or guarantee be used to pay for the replacement of any dead, dying, diseased, stunned or infested plant materials.

All applicable requirements of these landscaping regulations imposed by the Planning Board shall be fully met prior to the Code Enforcement Officer granting a certificate of occupancy for a new building or use subject to these regulations.