Wallkill City Zoning Code
ARTICLE VI
Regulations Pertaining to Commercial Districts
§ 249-25 NC Neighborhood Commercial District.
A.
Permitted uses.
(1)
One-family dwelling not to exceed one such dwelling per lot. Lot and building standards:
Type of Lot1 | ||||
|---|---|---|---|---|
Minimum required | A | B | C | |
Lot area (square feet) subject to soil and drainage review | 10,000 | 15,000 | 20,000 | |
Lot width (feet) | 80 | 90 | 100 | |
Lot depth (feet) | 100 | 100 | 150 | |
Front yard (feet) | 35 | 35 | 35 | |
1 side yard (feet) | 15 | 15 | 15 | |
Both side yards (feet) | 30 | 30 | 40 | |
Floor area (square feet) | 600 | 600 | 600 | |
Lot coverage | 35% | 30% | 25% | |
Building height (feet) | 35 | 35 | 35 | |
1Note: A: Lots served by both a public sewerage system and a public water system. | ||||
B: Lots served by a public water system but not a public sewerage system. | ||||
C: Lots not served by either a public sewerage system or a public water system. | ||||
(2)
Offices for professional and business use.
(3)
Retail stores.
(4)
Personal service shops.
(5)
Retail dry-cleaning and laundry establishments.
(6)
Appliance repair shops.
(7)
Printing shops.
B.
Accessory uses.
(1)
Outdoor vending machines.
(2)
All allowable uses, other than off-street parking, shall be carried on within fully enclosed buildings.
(3)
Not more than three dogs or cats over six months of age may be harbored per dwelling unit.
(4)
Fences. The Planning Board shall determine the need, placement, type and height of all fencing.
[Added 8-25-1983 by L.L. No. 10-1983]
C.
Special permit uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI herein.
(1)
Eating and drinking establishments.
(2)
Gasoline filling stations.
(3)
Gasoline service stations.
(a)
All driveways shall be located a minimum of 10 feet from any property line.
(b)
Gasoline pumps shall be located at least 20 feet from any property line.
(c)
There shall be no more than five motor vehicles stored or parked outdoors on the site.
(d)
The minimum street frontage shall be 100 feet on each street involved.
(4)
Public utility buildings and structures.
(7)
Cemeteries.
[Added 2-11-1982 by L.L. No. 1-1982]
(a)
The minimum lot size, when not accessory to a place of worship, shall be three acres.
[Amended 8-26-2021 by L.L. No. 6-2021]
(8)
Day-care centers and nursery schools.
[Added 12-27-1990 by L.L. No. 18-1990]
(a)
Such uses may be a principal use or allowed as accessory uses in conjunction with the following other special permit uses: offices for professional and business uses; retail stores; and churches and religious institutions.
(b)
The required play space shall be adequate in size and location as determined by the Planning Board.
(c)
No play area shall be located in a required front yard.
(d)
All play areas shall be fenced and suitably landscaped and buffered.
(e)
Indoor play areas shall consist of a minimum of 35 square feet per child, excluding hallways, kitchens, bathrooms, office space and sleeping quarters for infants. Sleeping quarters for infants shall consist of a minimum of 20 square feet additional per infant where an infant is a child less than three years of age.
(f)
Adequate pickup and drop-off areas shall be provided and designed to ensure safe, direct access to the facility as determined by the Planning Board. Said areas shall not conflict with access to required parking.
(g)
There shall be a minimum of one toilet per 15 children.
(h)
Day-care centers shall be licensed by the New York State Department of Social Services prior to operating such facilities.
D.
Lot and building standards.
Type of Lot2 | |||
|---|---|---|---|
A | B | C | |
Minimum required | |||
Lot area (square feet) | 5,000 | 10,000 | 20,000 |
Lot width (feet) | 50 | 75 | 100 |
Lot depth (feet) | 100 | 100 | 100 |
Front yard (feet) | 35 | 35 | 35 |
Rear yard1 | 15 | 15 | 15 |
Side yards1 | 15 | 15 | 15 |
Maximum permitted | |||
Building height (feet) | 35 | 35 | 35 |
Floor area (square feet) | 5,000 | 5,000 | 5,000 |
Notes: 1When adjacent to an RA, R-1 or R-2 District, the pertinent side and/or rear yards shall comply with the adjacent district requirements. | |||
2A: Lots served by both public water and public sewer systems. | |||
B: Lots served by a public sewer system but not served by a public water system. | |||
C: Lots not served by a public sewer or public water system. | |||
§ 249-26 HC Highway Commercial District.
[Amended 2-11-1982 by L.L. No. 1-1982; 8-25-1983 by L.L. No. 10-1983; 2-25-1988 by L.L. No. 4-1988; 12-27-1990 by L.L. No. 18-1990; 10-24-1996 by L.L. No. 8-1996; 7-26-2007 by L.L. No. 15-2007; 5-26-2016 by L.L. No. 11-2016]
A.
Purpose. The Highway Commercial District is intended to provide areas suitable for small- to medium-scale retail, office and service operations serving local needs.
B.
Permitted uses.
(1)
Financial institutions.
(2)
Offices.
(3)
Public uses.
(4)
Places of worship.
[Amended 8-26-2021 by L.L. No. 6-2021]
(5)
Retail.
(6)
Service and repair shops.
(7)
Sales and repair of boats, ATVs, motorcycles, small engines commonly used in off-road vehicles or landscape equipment, snowmobiles and personal watercraft.
[Added 4-9-2015 by L.L. No. 1-2015[1]]
[1]
Editor's Note: This local law also provided that it would apply to all properties and property applications within the Town of Wallkill that were pending as of 10-10-2013 and thereafter.
C.
Special permit uses.
(1)
Clubs and lodges.
(2)
Day care and nurseries.
(3)
Eating and drinking establishments.
(4)
Funeral parlors and mortuaries.
(5)
Gasoline filling and service stations.
(6)
Hotels/motels.
(7)
Schools, vocational.
(8)
Schools.
(9)
Shopping centers.
(10)
Single-family residences.
(11)
Theaters, including drive-ins.
(12)
Veterinary hospitals.
(13)
Rental car agencies, provided that the following criteria are met:
[Added 5-26-2016 by L.L. No. 9-2016]
(a)
The proposed agency must have an inventory of 20 vehicles available for rent at all times.
(b)
All vehicles available for rent shall be parked in the back of the facility and must not be visible from the road on which the agency is located. No vehicles shall be stored in the front of the facility, although vehicles that have been rented may be brought to the front of the building for delivery to customers.
(c)
No vehicles shall be more than two model years old.
(d)
The proposed agency office must be located in a facility with a minimum square footage of 15,000 square feet and utilize no more than 25% of the usable space in said facility.
(14)
Self-storage facilities, provided that the following criteria are met:
[Added 5-26-2016 by L.L. No. 9-2016]
(a)
The self-storage facility must be constructed within an existing building in the Town.
(b)
The exterior of the existing building cannot be altered or expanded by virtue of the construction of the self-storage facility.
(c)
No individual self-storage units may be visible from the road on which the facility is located.
(d)
Existing buildings in which self-storage facilities are located must contain a minimum of 25,000 square feet and a maximum of 80,000 square feet.
(e)
A minimum 25% of the usable space of any building containing storage facilities must be used for another permitted purpose.
(f)
With respect to newly constructed buildings, 25% of the usable space within such buildings with a minimum size of 10,000 square feet may be used for self-storage.
D.
Accessory uses and structures. Accessory uses that are customarily incidental to an allowed principal use may be allowed in this district and must comply with the regulations and standards of this chapter. All accessory structures shall be subject to the same area and bulk requirements as are required for principal structures within such districts.
E.
Area and bulk requirements. The following table represents the baseline requirements, and in some cases, additional standards may apply (e.g., special permit uses or through overlay districts).
Minimum required | Type of Lot1 | |||
|---|---|---|---|---|
A | B | C | ||
Lot area (square feet) | 10,000 | 15,000 | 20,0002 | |
Lot width (feet) | 100 | 100 | 130 | |
Lot depth (feet) | 100 | 100 | 120 | |
Front yard (feet) | 35 | 35 | 35 | |
Rear yard (feet) | 40 | 40 | 40 | |
One side yard (feet) | 20 | 20 | 20 | |
Both side yards (feet) | 30 | 30 | 30 | |
Floor area (square feet) | 600 | 600 | 600 | |
Maximum permitted | ||||
Building height (feet) | 35 | 35 | 35 | |
NOTES: | ||
1 | A: Lots served by a public sewerage and a public water system. | |
B: Lots served by a public sewerage system, but not served by a public water system. | ||
C: Lots not served by a public water system or a public sewerage system. | ||
2 | For residential construction, refer to § 249-20D. | |
F.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide buffering for adjacent, preexisting residential uses. In general, this buffering shall be developed to alleviate the impact of nonresidential development, including but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development applicants shall provide a buffering plan demonstrating how the project will alleviate any potential adverse impacts to adjacent, preexisting residential structures. The Planning Board shall review the buffer plan and reject for resubmittal, accept, or accept with modifications. In all cases, the Planning Board review shall include review by the Town's landscape architect.
G.
Fences.
(1)
The Planning Board shall determine the need, placement, type and height of all fencing.
H.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.
§ 249-26.1 Town Center District
[Added 7-26-2007 by L.L. No. 15-2007]
A.
Purpose. The Town Center District is intended to provide areas suitable for large-scale shopping centers serving regional needs. Such centers are characterized by uses offering retail comparison shopper goods, locations accessible from regional highways, and an integrated and connected complex of structures with internal roadways.
C.
Special permit uses.
(1)
Car washes.
(2)
Clubs and lodges.
(3)
Commercial recreation.
(4)
Day care and nurseries.
(5)
Eating and drinking establishments.
(6)
Funeral parlors and mortuaries.
(7)
Gasoline filling and service stations.
(8)
Motor vehicle sales and rental establishments.
(9)
Hotels/motels.
(10)
Research facilities.
(11)
Schools, vocational.
(12)
Shopping centers.
(13)
Theaters/cinemas.
(14)
Congregate-care facilities, including assisted living.
[Added 12-9-2009 by L.L. No. 8-2009]
(15)
Nursing homes.
[Added 12-9-2009 by L.L. No. 8-2009]
(16)
Extended-stay/all-suite hotels.
[Added 12-9-2009 by L.L. No. 8-2009]
D.
Accessory uses and structures. Accessory uses that are customarily incidental to an allowed principal use may be allowed in this district and must comply with the regulations and standards of this chapter. All accessory structures shall be subject to the same area and bulk requirements as are required for principal structures within such districts.
E.
Area and bulk requirements. The following table represents the baseline requirements, and in some cases, additional standards may apply (e.g., special permit uses or through overlay districts).
Lot Area (sq. ft.) | Lot Width (feet) | Lot Depth (feet) | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | Height (feet) | Maxi- mum Imper- vious Cover- age |
|---|---|---|---|---|---|---|---|
60,000 | 200 | 200 | 50 | 50 | 501 | 60 | 70% |
NOTES: | |
|---|---|
1 | 50 feet or equal to the height of the building, whichever is greater. |
F.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide buffering for adjacent, preexisting residential uses. In general, this buffering shall be developed to alleviate the impact of nonresidential development, including but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development applicants shall provide a buffering plan demonstrating how the project will alleviate any potential adverse impacts to adjacent, preexisting residential structures. The Planning Board shall review the buffer plan and reject for resubmittal, accept, or accept with modifications. In all cases, the Planning Board review shall include review by the Town's landscape architect.
G.
Fences.
(1)
The Planning Board shall determine the need, placement, type and height of all fencing.
H.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.
§ 249-26.2 Office and Research District.
[Added 7-26-2007 by L.L. No. 15-2007]
A.
Purpose. The Office and Research District provides areas suitable for businesses such as corporate headquarters, research and development facilities, medical and educational facilities, and institutional uses in a landscaped setting. A high quality of design is maintained within the district through the integration and consideration of natural resources and features with development, inclusion of open space, and landscaping and buffering from surrounding uses.
C.
Special permit uses.
(1)
Day care and nurseries.
(2)
Eating and drinking establishments.
(3)
Gasoline filling and service stations.
(4)
Hospitals.
(5)
Hotels/motels.
(6)
Research facilities.
(7)
Retail.
(8)
Schools, vocational.
(9)
Service and repair shops.
(10)
Congregate-care facilities, including assisted living.
[Added 12-9-2009 by L.L. No. 8-2009]
(11)
Nursing homes.
[Added 12-9-2009 by L.L. No. 8-2009]
(12)
Extended-stay/all-suite hotels.
[Added 12-9-2009 by L.L. No. 8-2009]
(13)
Manufacturing and production, light, as said term is defined in Town Code § 249-3, provided that the following criteria are met:
[Added 1-27-2017 by L.L. No. 1-2017]
(a)
The Planning Board shall not entertain an application for such proposed use unless and until the Town Board adopts a resolution supporting the application for such use.
(b)
At the time the proposed use is presented to the Town Board for initial consideration, the property upon which the facility would be built must have been serviced by municipal water and sewer districts as of the effective date of this subsection.
(14)
Distribution facilities used for the receipt, temporary storage, and redistribution of goods or materials which do not include adverse effects from smoke, noise, odors, dust and dirt, provided that the following criteria are met:
[Added 1-27-2017 by L.L. No. 1-2017]
(a)
The Planning Board shall not entertain an application for such proposed use unless and until the Town Board adopts a resolution supporting the application for such use.
(b)
At the time the proposed use is presented to the Town Board for initial consideration, the property upon which the facility would be built must have been serviced by municipal water and sewer districts as of the effective date of this subsection.
D.
Accessory uses and structures. Accessory uses that are customarily incidental to an allowed principal use may be allowed in this district and must comply with the regulations and standards of this chapter. All accessory structures shall be subject to the same area and bulk requirements as are required for principal structures within such districts.
E.
Area and bulk requirements. Please note that the following table represents,the baseline requirements, and in some cases, additional standards may apply (e.g., special permit standards or through overlay districts).
Lot Area (sq. ft) | Lot Width (feet) | Lot Depth (feet) | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | Height (feet) | Lot Cov- erage (build-ings) | Maxi- mum Imper- vius Cov- erage |
|---|---|---|---|---|---|---|---|---|
40,000 | 200 | 200 | 30 | 30 | 301 | 1002 | 40% | 60% |
NOTES: | |
|---|---|
1 | 30 feet or equal to the height of the building, whichever is greater. |
2 | Maximum building height: Any structure within 100 feet of preexisting residential uses (measured at the lot line) or a residential zoning district shall not exceed 45 feet in height. The one-hundred-foot maximum building height limitation may be waived at the discretion of the Planning Board for hospitals, provided the structure is not within 100 feet of a preexisting residential use or district. |
F.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide buffering for adjacent, preexisting residential uses. In general, this buffering shall be developed to alleviate the impact of nonresidential development, including, but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development applicants shall provide a buffering plan demonstrating how the project will alleviate any potential adverse impacts to adjacent, preexisting residential structures. The Planning Board shall review the buffer plan and reject for resubmittal, accept, or accept with modifications. In all cases, the Planning Board review shall include review by the Town's landscape architect.
G.
Accessory structures.
(1)
All accessory structures shall be subject to the same area and bulk requirements as are required for principal structures within such districts.
H.
Fences.
(1)
The Planning Board shall determine the need, placement, type and height of all fencing.
I.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.
§ 249-26.3 Cannabis retail dispensaries.
[Added 6-26-2025 by L.L. No. 5-2025]
A.
Applicability.
(1)
These regulations shall apply to all structures and/or uses related to cannabis retail dispensaries. No cannabis retail dispensary shall be established in the Town of Wallkill except in compliance with the provisions of this chapter.
(2)
Every cannabis retail dispensary shall apply to the Town Planning Board for a special use permit and site plan approval for that use and such approvals and permits must be granted prior to commencing any work on the site related to the development of such a use. All such reviews shall be governed by all applicable sections of the Town of Wallkill Code, including, but not limited to Chapter 249, Article XI and other applicable provisions of the Town of Wallkill Code.
(3)
Prior to applying to the Town Planning Board for a special use permit and site plan approval, the applicant must first obtain the approval of the Town Board for the desired location of the proposed dispensary in the form of a Town Board consent resolution. The Town Board will determine whether the proposed location is suitable by utilizing the criteria set forth in Subsection D of this section.
B.
Zoning districts for cannabis retail dispensaries. Cannabis retail dispensaries shall only be allowed in the following locations within the CA zoning district areas below as depicted on the updated zoning map accompanying this local law, subject to site plan review and issuance of a special use permit by the Town of Wallkill Planning Board and further subject to the regulations set forth in this section:
C.
Other location restrictions for cannabis retail dispensaries.
(1)
The distance requirements between a cannabis retail dispensary and the restrictions set forth in this section shall be measured in a straight line from the center of the nearest entrance of any buildings located on the properties involved.
(2)
No adult-use cannabis retail dispensary shall be located:
(a)
Within 500 feet and on the same road of a building and its grounds occupied exclusively as a school and school grounds, as such term is defined in the New York State Education Law;
(b)
Within 200 feet and on the same road of a building occupied exclusively as a house of worship;
(c)
Within 500 feet of a building or property occupied as a public youth facility, including libraries and playgrounds;
(d)
Within 1,500 feet of child day care, pre-K or nursery facilities;
(e)
Within 200 feet of drug or alcohol recovery or rehabilitation facilities;
(f)
Within 2,000 feet of another cannabis retail dispensary:
D.
Special use criteria for cannabis retail dispensaries. As part of any review by the Town Planning Board under this subsection, the following shall be submitted and/or considered by the Planning Board as part of its review of any special use permits for cannabis retail dispensaries:
(1)
Cannabis retail dispensaries must be fully enclosed and shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.
(2)
No outside storage of marijuana, related supplies or promotional materials is permitted.
(3)
No smoking or consumption of any product containing cannabis or cannabis-related products shall be permitted on the premises of a cannabis retail dispensary. No burning of any product containing cannabis or cannabis-related products shall be permitted on the premises of a cannabis retail dispensary.
(4)
Each special permit use shall not include the display of signs, noise, fumes, or lights that will hinder normal development of the zoning district or impair the use, enjoyment, and character of adjacent land and buildings.
(5)
The application shall include a site plan and fully dimensioned diagram or floor plan showing planned occupancy or use of all areas, including exits, fire prevention measures, windows, ventilation, and doors as well as any other factors determined to be necessary and appropriate by the Town Planning Board.
(6)
Security measures shall be implemented which are sufficient to ensure that no unauthorized persons can gain access to the building and outdoor activity areas. Such measures shall be described in detail in the special permit application.
(7)
Subject to applicable law, as a part of any special use permit application to the Town Planning Board, applicant must have a valid adult-use cannabis retail dispensary license issued by the State of New York.
(8)
A special use permit granted under this subsection shall have a term limited to the duration of the applicant's use of the premises as a licensed operator. A special use permit may be transferred only with the approval of the Town Planning Board in the form of an amendment to the special use permit.
(9)
Any violation of this section shall be grounds for revocation of a special use permit issued under this section.
(10)
A revocation of the respective license by the state shall be grounds for revocation of the special use permit.
(11)
Hours of operation for the permitted use(s) shall be set by the Planning Board in its complete and total discretion.
(12)
Posting of signs:
(a)
In addition to other applicable sign regulations, it shall be a special use permit condition that no person or entity shall sell or continue to sell or distribute tobacco or tobacco-related products and/or cannabis or cannabis-related products in the Town of Wallkill unless a sign is posted at the point of sale in a conspicuous place that warns of the dangers of such products, including, at a minimum, the following statement: "WARNING: THE PRODUCTS YOU ARE ABOUT TO PURCHASE MAY CONTAIN NICOTINE, WHICH IS AN ADDICTIVE CHEMICAL."
(b)
No image depicting any part of a marijuana plant or any product or use of the marijuana plant shall be allowed on the sign.