A.
The restrictions and controls intended to regulate development in each district are set forth in the attached Schedule I,[1] which is supplemented by other sections of this chapter.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
B.
This chapter shall not interfere with or abrogate or annul any easement,
covenant or other agreement between parties; provided, however, that
when this chapter imposes a greater restriction on the use of buildings
or land or on the height of buildings or requires larger open spaces
or imposes any higher standards than are imposed or required by any
other statute, law, ordinance, rule or regulation, or by any easement,
covenant or agreement, the provisions of this chapter shall control.
Where the requirements of this chapter differ from the requirements
of another statute, law, ordinance, rule or regulation, the more-restrictive
shall govern.
C.
Any principal land use not specifically listed for a zoning district
shall be deemed to be a prohibited use for that zoning district.
Except as hereinafter otherwise provided:
A.
No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used or intended to be used, for any purpose or in any manner other
than as specified among the uses hereinafter listed as permitted in
the district in which such building or land is located.
B.
No building shall be erected, reconstructed or structurally altered
to exceed in height the limit hereinafter designated for the district
in which such building is located.
C.
No building shall be erected, and no existing building shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
with the yard, lot area, and building location regulations hereinafter
designated for the district in which such building or open space is
located.
D.
No yard or other open space provided about any building 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 one lot shall be considered as providing a
yard or open space for a building on any other lot.
A.
The following uses are specifically prohibited in the Town:
(1)
Natural gas exploration or extraction.
(2)
Petroleum exploration or extraction.
(3)
Use or disposal of natural gas extraction wastes.
(4)
Use or disposal of oil extraction wastes.
(5)
Mineral extraction not in existence as of the effective date
of this chapter. Mineral extraction with a valid mining permit shall
be an existing nonconforming use subject to the terms of the existing
mining permit.
B.
Nothing in this section should be construed as implying that uses not specifically listed as a permitted use or special use in a zoning district are permitted in any way. Pursuant to § 199-7C of this Code, uses not specifically listed as a permitted use or special use in a zoning district shall be deemed to be a prohibited use in that zoning district.
A.
Purpose. In order to afford opportunities for large-scale economic
development in areas of the Town with close access to the regional
highway network, the Town Board has established two Economic Zone
Overlay Districts. It is the purpose of the Interchange Economic Zone
Overlay to provide opportunities for the location of commercial and
industrial uses in the vicinity of the Town's interchanges with
Route 17 (future Interstate 86) that would generate significant vehicular
or truck traffic. It is the purpose of the Route 209 Economic Zone
Overlay to provide opportunities for employers that may generate high
volumes of commuter traffic but not truck traffic to locate within
areas along Route 209 between Wurtsboro Airport and the Village of
Wurtsboro. In all cases, it is the intent of these regulations to
allow a wide range of uses appropriate to these areas while providing
appropriate mitigation of impacts to visual, ecological and groundwater
resources.
B.
Overlay districts. The requirements of this district will serve as an alternative to Schedule I of the underlying zoning district and provide additional requirements for certain special use permits authorized herein. The location of a parcel within an Economic Zone Overlay shall not be construed to limit the development of the parcel pursuant to Schedule I appropriate to the underlying zoning.
C.
Bulk requirements. The following bulk requirements shall apply to
development of lots within the Economic Zone Overlay Districts:
D.
Interchange Economic Zone additional special uses permitted. The following uses shall be permitted by special use permit in the Interchange Economic Zone, subject to the requirements of § 199-25 and any related standards of § 199-26:
(1)
Truck stops/travel centers.
(2)
Research, experimental and testing laboratories.
(3)
Office and research business parks.
(4)
Hospitals and medical clinics.
(5)
Trucking terminals and distribution centers, including limited
retail sales accessory thereto.
(6)
Light industrial use, including manufacturing, assembling, converting,
packaging, altering, finishing, cleaning or other processing of materials
involving only the use of oil, gas, electricity, or equivalent fuel,
except for chemical manufacturing.
(7)
Wholesaling, storing and warehousing, including lumberyards,
building contractor and building supply and farm supply yards.
E.
Route 209 Economic Zone additional special uses permitted. The following uses shall be permitted by special use permit in the Route 209 Economic Zone, subject to the requirements of § 199-25 and any related standards of § 199-26:
(1)
Research, experimental and testing laboratories.
(2)
Agribusiness and high-tech agriculture.
(3)
Data centers.
(4)
Office and research business parks not involving the significant
(averaging more than one vehicle over 10,000 pounds' gross vehicle
weight per day per 10,000 square feet of gross floor area) generation
of truck traffic over public roads.
F.
Additional standards imposed. In addition to any other requirements,
the following standards shall be imposed as special use permit conditions
on any special use authorized within an Economic Zone Overlay District:
(1)
The uses shall be located in a manner and designed to incorporate
landscaping, elevations changes, and architectural colors and materials
so as to not result in a significant adverse impact to significant
public viewpoints, including state and county roads, public parks,
and public trails, including the Long Path and D&H Canal Towpath.
In determining compliance with this criterion, the Planning Board
may require the submission of cross-sections, visual simulations,
viewshed analyses, balloon tests, and such other supporting information
as necessary to conclude that significant adverse visual impacts will
not occur. The Planning Board may retain qualified professionals to
peer review any of the foregoing materials submitted by applicants
in support of development applications.
(2)
The uses shall incorporate such stormwater management facilities
as are necessary to mitigate any potential impact to ecological or
groundwater impacts to receiving waters and aquifers. In determining
compliance with this criterion, the Planning Board shall rely on the
advice of the Planning Board Engineer. Where the Planning Board determines
that sensitive groundwater or ecological resources may be impacted
by the proposal, the Planning Board may retain qualified professionals,
including, but not limited to, hydrologists and hydrogeologists, to
determine that impacts are not likely to occur.
(3)
Applicants may request presubmission conferences with the Planning
Board for the purpose of identifying important groundwater and ecological
resources and significant public viewpoints as well as what types
of analyses and conceptual mitigations are likely to be required to
satisfy the requirements of this subsection.
G.
SEQR. A development application under the provisions of the Economic
Zone Overlay provisions shall be considered a Type 1 action pursuant
to 6 NYCRR 617 (SEQRA).
