Wawarsing City Zoning Code
ARTICLE III
District Regulations
§ 112-5 Enumeration of districts.
A.
The Town of Wawarsing is hereby divided into the following types of zoning districts:
[Amended 4-6-2023 by L.L. No. 2-2023]
AD | Agriculture Development District |
RP | Ridge Protection District* |
VP | Viewshed Protection District |
RU | Rural District |
RH | Ridge Hamlet District* |
RS-1 | Low Density Residential Settlement District |
RMH | Residential Manufactured Housing District |
MU | Mixed Use District* |
NS | Neighborhood Settlement District |
BH | Business Highway District |
PCIM | Planned Commercial, Industrial & Mixed Uses District* |
RED | Resort and Economic Development District* |
PRDS | Planned Resort Development Somerset* |
* | See Appendices for development standards and design guidelines. |
B.
Special FP Floodplain Overlay (FP-O) District. Section 112-19 of this chapter sets forth the regulations applicable to this overlay district.
C.
Camp Overlay (C-O) District.
(1)
Purpose. The Camp Overlay (C-O) Zoning District establishes the locations within the Town where new camps and the expansion of existing camps may occur subject to special use permit approval of the Planning Board. The special uses standards to help ensure these uses are compatible with the surrounding land uses, have adequate access to emergency service providers, can be served adequately by sewer and water systems, and will not have adverse Townwide impacts. The regulations of the C-O District are in addition to those of the underlying districts. The overlay zone is also intended to protect the rural character and open space in the Town by allowing camps as a special use within the C-O Zone.
(2)
Preexisting nonconforming camps. Upon the effective date of this chapter, all camps that have been established legally and not situated within the C-O Zone are deemed nonconforming uses and subject to the requirements of Article IX of this chapter. The expansion or alteration of any nonconforming camp use shall, in addition to meeting the requirements for nonconforming uses as set forth in this chapter, meet the review standards and site plan and/or special use permit procedures specific to camps set forth in this section as provided under § 112-68H.
[Amended 7-20-2023 by L.L. No. 4-2023]
(3)
Campgrounds exempt from these provisions. Campgrounds, as defined in this chapter, are not subject to the requirements set forth herein.
D.
Adaptive Reuse Overlay (AR-O) District.
(1)
Purpose. The purpose of the Adaptive Reuse Overlay (AR-O) Zone is to foster economic development, diversification of land uses and employment generation through the nonresidential reuse or redevelopment of preexisting nonresidential buildings. For purposes of the AR-O Zoning District, adaptive reuse shall mean "contemporary reuse or redevelopment of an existing nonresidential building or structure and associated lands for a different nonresidential use other than that for which it was originally designed, intended or occupied. This shall include the expansion of the existing building by no more than 25% of the existing gross floor area and only upon approval of the Town Board." Reuse and redevelopment shall be sensitive to the environmental characteristics of the land and meet the purposes set forth in § 112-2 of this chapter. The specific qualifications and requirements to attain AR-O designation are detailed in § 112-28 of this chapter. The objectives of the AR-O Zoning District include and proposed reuse of parcels include:
(a)
Active utilization and reinvestment in existing underutilized nonresidential buildings;
(b)
Adaptively reuse buildings and associated lands to protect against abandonment, blight, and general vacancy of same;
(c)
Enhance the variety and availability of employment, service, retail, residential and civic facilities provided they do not negatively impact the surrounding environs or community character;
(d)
Ensure development operates in harmony within the surrounding neighborhood;
(e)
Ensure valuable natural features and undisturbed areas are protected and incorporated into the open space of a reuse/redevelopment project;
(f)
Foster the compatibility of buildings and other improvements through their arrangement, bulk, form, character, and landscaping; and
(g)
Reuse any buildings with architecture, landscaping and other elements appropriate to the neighborhood and Town.
(2)
Overlay zone. The AR-O Zone, when applied to a site, shall be an overlay zone. The base zoning district shall continue to govern the property on which the AR-O is applied, and any property may revert, subject to all applicable laws, regulations, permits and approvals, to a use allowed within the base zoning district.
E.
Planned unit development districts. Article VII of this chapter sets forth the regulations applicable to the Planned Industrial Development (PID) Zoning District, Planned Senior District (PSD) and the Planned Recreational Resort Development (PRRD) District. Planned Unit Development Districts are zones which shall apply only to lands which have been rezoned to said districts by zone petition approved by the Town of Wawarsing Town Board.
§ 112-6 Zoning Map.
The location and boundaries of zoning districts are hereby established as shown on the Official Zoning Map of the Town of Wawarsing, as amended this date or hereafter, which is attached hereto as Appendix F and made a part of this chapter.
§ 112-7 Interpretation of district boundaries.
A.
Zoning district boundary lines are intended generally to follow or connect the center lines of rights-of-way; existing lot lines; the center lines of rivers, streams and other waterways; or Town boundary lines, all as shown on the Zoning Map; but where a district boundary line does not follow such a line, its position shall be determined by its location as shown on the Zoning Map by a specific dimension or relationship to such a line.
B.
Where a district boundary line divides a lot of record at the time such line is established, the Planning Board may allow the extension of activities permitted in one district to the other as a special use, provided that such extension shall increase the developable area for the more intensive use by no more than 50% of the lot to which it is extended. This is to permit flexibility in the use of large parcels.
C.
When the specific location of a zoning district boundary line cannot be ascertained, the Code Enforcement Officer, Planning Board or Town Board, as the case may be, shall request the Zoning Board of Appeals to render an interpretation of its location.
§ 112-8 Schedule of District Regulations.
A.
The restrictions and controls intended to regulate development in each district are set forth in Appendix A, Schedule of District Use and Bulk Regulations,[1] which is supplemented by other sections of this chapter and other laws of the Town of Wawarsing. 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, and subject to site plan review where applicable. Special uses are subject to site plan review and Planning Board approval as prerequisites to the Code Enforcement Officer issuing a permit for their establishment. Any principal use proposed by the Town of Wawarsing itself on public land shall be considered a principal permitted use, and the Town Board may request that the Planning Board conduct site plan review.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Any use not listed specifically within the Schedule of District Use and Bulk Regulations shall be deemed prohibited in all districts under this chapter. Where permitted or special uses allowed by special use permit are identified by generic words or descriptions, the Code Enforcement Officer shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the Code Enforcement Officer shall consider to what extent the proposed use is similar to the class of use indicated in the Schedule of District Use and Bulk Regulations. If a use is specifically listed elsewhere in the District Schedule of Use Regulations, it is excluded from a generic classification.
§ 112-9 Applicability of regulations.
A.
Whenever any owner or occupant of property in the Town of Wawarsing shall, for any purpose or in any manner, establish a new use; clear, excavate or grade more than 10,000 square feet of land; change an existing use; make permanent structural improvements to a property; erect a new building; or move, alter, add to or enlarge any existing land use or building; such owner or occupant shall comply with the requirements of this chapter and obtain a building/zoning permit, unless specifically exempted from such requirements by this chapter. A building/zoning permit shall be required whenever a change in land use occur regardless whether any new construction is involved or not, excepting that agricultural harvesting and tilling shall be exempt from all permit requirements.
B.
Notwithstanding the above, complete applications pending at the time of enactment of this chapter shall be subject to such regulations as existed when such applications were made.
§ 112-10 Lot development standards.
A.
Development standards. The development standards contained herein shall apply to every 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. Single studio apartments occupied by immediate family members shall, however, be exempt from this requirement. Multiple uses are permitted on a given lot, provided that development standards for the combined uses are met, including the combined lot area and lot coverage. Yard requirements shall apply to the lot perimeter in such instances, provided that building separations, if any, meet New York State Building Code requirements and in no case shall a building be closer to another building than a distance equivalent to the height of the taller building, unless waived by the Planning Board. In no case shall there be more than three dwelling units on any lot, except in the case of multifamily dwellings where such use is allowed as set forth in Appendix A, Schedule of District Use and Bulk Requirements.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Corner lots. No obstruction to vision (other than an existing building, post, column or tree) shall be placed within an area 2 1/2 feet to eight feet above the established grade of the street within the sight triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 75 feet distant from their points of intersection. Refer to illustration.
 Sight triangle. |
C.
Through lot requirements. A preexisting through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this chapter. The creation of new through lots after the effective date of this chapter is prohibited.
D.
Minimum lot frontage. All residential lots shall have a front lot line with a minimum length of 50 feet.
E.
Flag lots. The development of interior lots with limited lot frontage consisting of only an access right-of-way shall be permitted provided:
(1)
The right-of-way is a minimum of 50 feet in width. Refer to illustration.
 |
(2)
The lot area shall be calculated on that portion of the lot exclusive of the portion used as a right-of-way, and for purposes of meeting all other bulk standards for the district.
(3)
No right-of-way shall be established over an existing parcel of land to reach a new lot to the rear which would reduce the length of the front lot line of the existing parcel to less than 150 feet.
(4)
A flag lot accessing rights-of-way shall be titled in fee simple ownership to the flag lot property owner and shall not be used to access any property not part of the original tract. Such owner shall bear responsibility for maintenance of the improvements.
(5)
No more than one such lot shall be created from an existing parcel, a cumulative total of two lots including the original lot. This restriction shall be incorporated in deed covenants and placed on the recorded plat map at the time any flag lot is created.
F.
Net lot area (or net acreage).
(1)
Whenever the phrase "lot area," "minimum lot area," "minimum acreage," "minimum acres," or "minimum lot size" or similar term appears in this chapter, such phrase shall be deemed to be based upon net acreage following the exclusion of the following environmentally constrained lands:
(a)
Fifty percent of lands constrained by the 100-year floodplain as defined by and illustrated on the Federal Emergency Management Agency (FEMA) Flood Hazard Boundary maps as those maps now exist or as they may be amended from time to time;
(b)
One hundred percent of wetlands, including New-York-State-designated wetlands but excluding the 100-foot regulated adjacent area, and wetlands regulated by the U.S. Army Corps of Engineers, as those wetlands now exist or may be found to exist;
(c)
One hundred percent of lands underwater, and lands covered by natural or constructed water bodies including, without limitation, retention and detention basins;
(d)
One hundred percent of lands with steep slopes equal to or greater than 25%; and
(e)
One hundred percent of lands encumbered by easements or other restrictions, including utility easements, preventing use of such land for construction of buildings, uses, and/or development.
(2)
The net lot area, after exclusion of the features set forth in Subsection F(1) above, shall be calculated, and any permissible residential density or nonresidential intensity of land shall be calculated on the net lot area. Any fractional dwelling unit shall be rounded to the nearest whole number.
(3)
To the maximum extent, development shall not be sited on nor shall development disturb environmentally constrained lands as set forth above, unless waived by the Planning Board, and only where no other alternative exists or the applicant has demonstrated that any impacts have been mitigated and reduced to the maximum extent, as shall be demonstrated to the satisfaction of the Planning Board.
(4)
Area variance required. A lot shall be deemed conforming as to lot area only if it meets the minimum lot area set forth in Appendix A, Schedule of District Use and Bulk Regulations,[2] or as otherwise required in this chapter after subtracting those areas listed in § 110-12F(1) above. Any lot area not meeting the minimum requirement shall require an area variance.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(5)
These provisions shall apply to the creation of subdivisions and lots as regulated by Chapter 95, Subdivision of Land, of the Town of Wawarsing Code.
(6)
These provisions shall not apply to any lot occupied by a single-family detached dwelling for which a certificate of occupancy had been issued prior to the effective date of this chapter except that these provisions shall apply to any proposed subdivision of a lot containing preexisting dwelling(s).
G.
Adaptive reuse of seasonal residential communities. Upon special use permit and site plan review and approval by the Planning Board, a preexisting seasonal residential community complying at the time of the enactment of this chapter may continue, subject to the following standards:
(1)
The applicant may restore existing seasonal dwellings to year-round use in an equal number and size as what presently exists. Dwelling units may be increased by up to 50% of existing gross floor area, only upon approval of the Planning Board.
(2)
The restored seasonal dwelling shall adhere to the yard requirements for single-family dwellings applicable to the zoning district in which the subject property is located. Where a preexisting dwelling does not comply with said yard requirements, no further expansion or alteration shall be permitted which would increase the degree of noncompliance.
(3)
All sewage and water supply systems for any such conversion shall be for year-round use and shall meet Ulster County Department of Health standards. Existing systems intended for reuse shall be inspected and certified as meeting current standards by a professional engineer and approved by the Town of Wawarsing.
§ 112-11 Height restrictions.
No building or structure shall exceed the maximum building height, in stories or feet, as set forth in the Schedule of District Use and Bulk Regulations[1] for the district where such building or structure is located. Unless otherwise regulated elsewhere herein, these standards shall not apply to agricultural structures, communications towers, elevator shafts, similar unoccupied mechanical spaces and energy generation equipment allowed accessory to a permitted use or special use. The Planning Board, in its discretion, may allow a church spire, belfry, cupola or similar architectural feature to exceed the maximum height applicable to the use and zoning district within which it is located, provided it does not exceed the height by more than 10 feet, and further provided that such features shall not be used for human occupancy. A variance shall be required where the Planning Board does not permit the height to be exceeded, or where the height of the architectural feature exceeds more than 10 feet.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 112-12 Yard regulations.
A.
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, provided the average width of the side yard shall not be less than the required minimum width applicable to the use and such yard shall not be narrower at any point than 1/2 the otherwise required minimum width. The Building Department shall have discretion to interpret and clarify this provision as it applies to individual structures of an irregular nature.
B.
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 this chapter 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.
C.
Waterfront yards. Any yard bordering 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 that a boathouse or dock may encroach within said yard. Refer to § 112-21 for required buffers.
D.
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 10 feet. See the following illustration.
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§ 112-13 Accessory structure and use standards.
A.
The location, limitation and coverage of accessory buildings shall be as follows:
 |
(1)
No accessory building permitted by this chapter shall be placed in any required side yard or any front yard except as allowed in this subsection.
(2)
The aggregate ground area covered by all accessory buildings in any rear yard shall not exceed 25% of the rear yard area.
(3)
Structures accessory to dwellings and not attached to a principal structure shall:
(a)
Be located not less than 10 feet from any side or rear lot line or in such a fashion as to prevent emergency firefighting access or to shade a residential dwelling on an adjoining lot. Any structure over 200 square feet in floor area shall meet setbacks for principal buildings.
(b)
Be no closer to the street than any principal structure on the lot, except in the case of farm buildings. Buildings and structures accessory to a principal building and located more than 100 feet from a lot line shall not be subject to this provision. Accessory structures may, in these situations, be located in front of a dwelling but not within the required front yard.
(4)
When an accessory structure is attached to the principal building, it shall comply with the yard requirements for principal buildings. All unattached structures shall be separated by a minimum distance of 10 feet from the principal building, or a distance equal to the height of the accessory structure, whichever is higher.
B.
Railroad cars, retired mobile home units and recreational vehicles shall not be used or occupied as accessory or principal structures.
C.
The use of storage trailers or bulk/shipping containers as an accessory use on a five-year-renewable-permit basis in connection with a nonresidential use may be permitted with site plan review and approval by the Planning Board. Such trailers or containers shall be substantially screened from view with evergreen plantings or otherwise screened by existing vegetation and topography, fencing or earthen berms as may be required to accomplish the purpose. Wheels and the chassis shall be removed from any storage trailers.
D.
Use of certain spaces or vehicles for temporary occupancy. The use of cellars, tents, camp trailers or recreational vehicles for permanent dwelling purposes shall not be permitted in any district, except that a temporary certificate of occupancy for a camp trailers or recreational vehicle to be used as temporary living quarters during the construction of a residence on the same lot may be granted by the Code Enforcement Officer for a period not to exceed one year, and further provided that the trailer or vehicle meets all setback requirements for the district within which it is located. An additional extension of up to one year may be approved by the Zoning Board of Appeals. A temporary certificate of occupancy shall not be granted until a water supply and a sewage disposal system have been approved by the Ulster County Health Department for use by the trailer or vehicle and certified to be in proper operating condition.
E.
Swimming pools. Aboveground or in-ground swimming pools, incidental to the residential use of the premises and not operated for gain, shall require a permit if the water level has a depth of more than two feet. A private swimming pool shall meet the following requirements:
(1)
Such pool shall not be located in any required side yard or any front yard.
(2)
The entire portion of the premises upon which any pool of less than four feet in height above the ground is located shall be entirely enclosed with a good quality chain-link wire or equally sturdy fence of not less than four feet in height.
(3)
Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.
(4)
Such pool shall be not less than 10 feet from side and rear lot lines, and on lots with a width of 50 feet or less, the pool shall be located midway between the side lot lines.
(5)
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
(6)
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
(7)
Such pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to public swimming pools.
(8)
No loudspeaker or amplifying device shall be permitted.
(9)
Underwater lighting shall only be installed in accordance with the provisions of the National Electrical Code for such lighting.
(10)
No pool shall drain or be drained to any adjoining property.
F.
Domestic household animals. The keeping of a reasonable number of domestic animals for household purposes, or as pets, and private stables shall be permitted as follows:
(1)
The keeping of not more than one adult or fully grown horse, cow, beef animal, sheep, goat or other four-legged domestic farm animal or combinations thereof per one acre shall be permitted on any AD Agricultural Development, RH Ridge Hamlet, RP Ridge Protection, RU Rural, RS-1 Low-Density Residential Settlement or VP Viewshed Protection District on a lot no less than one acre. The area shall be calculated after excluding principal buildings not used for such purposes, except those designed to house the animals.
(2)
The keeping of adult or fully grown fowl such as chickens, ducks, geese or other birds, excluding pet birds kept within a dwelling, on a lot more than three acres and only within the RU Rural, RP Ridge Protection, RH Ridge Hamlet, AD Agriculture Development and VP Viewshed Protection District, provided that no more than 25 birds per acre are maintained, which shall be kept on the property within a fenced area. No such animals shall be permitted on a lot of three acres or less in any zoning district. No roosters are permitted in any zoning district.
(3)
The keeping as pets of not more than four dogs and four cats over the age of 12 months and/or the keeping of bees, rabbits or other small animals normally capable of being domesticated shall be permitted in any district.
(4)
Keeping of animals in greater numbers than those permitted above for personal enjoyment, not including any commercial or institutional uses, may be permitted by the Planning Board upon site plan review and approval.
(5)
All animals regulated herein shall be adequately housed, fenced so as to remain on the property and otherwise maintained in a sanitary and safe manner so as not to create a nuisance, health or safety hazard to nearby property, property owners, inhabitants of the neighborhood or the animals themselves.
G.
Fences and walls. Permanent fences and walls installed for purposes other than the confinement of livestock shall require a permit under this chapter. Vegetative fences shall be set back a distance to maintain all growth on the property affected. Residential fences and walls shall be a maximum of six feet in height, and commercial fences shall be a maximum of eight feet in height.
H.
Burning barrels. Burning barrels are prohibited in accordance with New York State Department of Environmental Conservation regulations.
I.
Dwellings in accessory buildings. An existing accessory building on the same lot with a single-family dwelling may be used as an accessory dwelling, provided that such building meets the setback requirements of this chapter and complies with all applicable health and building codes, and the following standards:
(1)
Either the accessory dwelling or the principal dwelling on the lot shall be occupied by the owner of the property.
(2)
The property shall be at least one acre in size, except that the minimum lot area shall be no less than otherwise required for a single-family dwelling for the zoning district in which it is located, whichever is greater.
(3)
No less than two off-street parking spaces suitable for year-round use shall be provided for each dwelling, and no parking space shall block another.
(4)
Such accessory building shall not be separated or subdivided from the original lot unless it can be shown to be in full compliance with this chapter, including the Schedule of District Use and Bulk Regulations[1] for the applicable zoning district, and the Town's subdivision regulations[2] and construction codes.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(5)
There shall be no more than two bedrooms in the dwelling.
(6)
The dwelling shall not be less than 480 square feet.
J.
One boat and one recreational vehicle can be stored accessory to a single-family dwelling, provided that all setbacks are adhered to. In no event shall a boat of recreational vehicle be located less than 10 feet from any property line.
K.
One unoccupied camp trailer may be parked or stored in a rear or side yard, provided that no permanent living quarters shall be maintained therein and said trailer shall be setback no less than 10 feet from any property line.
M.
Parking. Parking for vehicles shall not be located closer than 10 feet to any side or rear yard, nor within the required front yard, unless within a driveway giving access to the property.