This chapter is adopted to regulate buildings,
structures and land uses within specified districts or zones in the
Town of Plattekill in the County of Ulster, to provide for the administration
and enforcement of provisions herein contained and to fix penalties
for violations.
This chapter shall be known and may be cited
as the "Town of Plattekill Zoning Law."
The intent of this chapter is to establish a
specific and detailed plan for the use of land in the Town of Plattekill
based on the Comprehensive Plan, as it may be amended, and other studies
and findings. This chapter is enacted pursuant to the Town Law of
the State of New York, Chapter 62 of the Consolidated Law, Article
16, and the New York State Municipal Home Rule Law, to protect and
promote public health, safety, morals, comfort, convenience and the
general welfare of the people.
Such regulations are deemed necessary to further
the advancement of the Town as a social, economic and political unit,
to promote the general welfare and to achieve the following purposes:
A.
Promoting orderly development, protecting the character
and maintaining the stability of residential, business and agricultural
areas, preventing the premature abandonment or collapse of present
low-density land uses, such as agriculture and commercial recreation,
and promoting the orderly and beneficial development of the Town.
B.
Conserving and enhancing property value by designating
zones or use districts in the Town for the various land uses and densities,
based on accessibility, the presence or absence of limiting physical
factors, the existence of compatible land uses and the overall economic
development needs of the community.
C.
Regulating the intensity of use of land consistent
with the findings of Natural Resources Conservation Service studies
identifying areas of extreme wetness and ponding, poorly drained organic
soils, shallow depth to bedrock and slopes in excess of 15% as well
as other limiting characteristics, such as the availability of water
and sewers.
D.
Accepting the Town's share of future regional population
without constraint and to encourage population growth at a rate consistent
with the Town's capacity to absorb such growth in an orderly manner.
E.
Providing for a balanced variety of housing types
in compatible residential environments for the full range of incomes,
ages and family sizes of the Town's present and future population.
F.
Regulating alterations of existing buildings to prevent
additions, alterations or remodeling of existing buildings or structures
that would not otherwise comply with these purposes and regulations.
G.
Regulating the location of buildings for residential,
commercial, manufacturing or other uses to accomplish other purposes
of these regulations.
H.
Prohibiting uses, buildings or structures that are
incompatible with the character of development of the permitted uses
within specified zoning districts.
I.
Establishing reasonable standards to which buildings
or structures shall conform and encouraging the highest standards
of environmental balance within the Town in accordance with the objectives
of the Comprehensive Plan.
In the interpretation and the application of
the provisions of this chapter, they shall be held to the minimum
requirements for the promotion of the health, safety, morals and general
welfare. It is not intended to interfere with or abrogate or annul
other rules, regulations or ordinances, provided that where this chapter
imposes greater restrictions upon the use of buildings or premises
or upon the height or bulk of a building or requires larger open spaces,
the provisions of this chapter shall apply.
A.
Unless the context otherwise requires, the following
definitions shall be used in the interpretation and construction of
the chapter, and words used in the present tense shall include the
future; the singular number shall include the plural, and the plural
the singular; the word "structure" shall include the word "building,"
the word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used";
and the word "shall" is mandatory and not optional.
B.
Words or phrases that are not otherwise defined under
this section or elsewhere in this chapter shall have the meaning ordinarily
conveyed by such terms. The Merriam-Webster Collegiate Dictionary
may be employed by the Town for this purpose.
C.
ACCESSORY APARTMENT
ACCESSORY USE OR STRUCTURE
ACTIVE ADULT RETIREMENT COMMUNITY
ACTIVE RECREATION
ADULT USE
AGRICULTURE
ANIMAL HOSPITAL
AUTO SERVICE, REPAIR AND FILLING STATION
BED-AND-BREAKFAST
BOARDINGHOUSES AND TOURIST HOMES
BOND OR GUARANTEE, MAINTENANCE
BOND OR GUARANTEE, PERFORMANCE
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING, PRINCIPAL
BUSINESS PARK, PLANNED
CAMPGROUND
CAR WASH
CENTRAL SEWAGE SYSTEM
CENTRAL WATER SYSTEM
CHANGE OF USE
CLUBS, LODGES AND FRATERNAL ORGANIZATION
COMMERCIAL
COMMERCIAL COMMUNICATIONS TOWER
COMMERCIAL INDOOR RECREATION AND ENTERTAINMENT
COMMERCIAL USE OF LAND FOR THE OPERATION OF OFFROAD AND/OR MOTOR
VEHICLES
COMMUNAL SEWAGE SYSTEM
COMMUNICATIONS CENTER/TOWER
COMMUNITY BUILDING
CONSERVATION SUBDIVISION
CONVENIENCE STORE
CEMETERY
CUL-DE-SAC
DAY CARE (HOME CARE)
DAY CARE (COMMERCIAL)
DRIVE-IN ESTABLISHMENT
DWELLING
(1)
(2)
(3)
(4)
DWELLING UNIT
ESSENTIAL SERVICES
EXTRACTIVE USE
FAMILY
FARM
FARM LABOR HOUSING
FAST-FOOD RESTAURANT
FENCE
FLAG LOT
FLEA MARKET (COMMERCIAL)
FORESTRY USES
FUNERAL HOME / MORTUARY
GREENHOUSE, PRODUCTION
HEALTH-CARE FACILITY
(1)
(2)
(3)
HOME OCCUPATION
(1)
(2)
HOTELS
INSTITUTIONAL USES
INSTRUCTIONAL USE
JUNKYARD
KENNEL
LIGHT INDUSTRIAL USE
LOT
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT LINES
(1)
(2)
(3)
LOT, THROUGH
LOT WIDTH
MANUFACTURED (MOBILE) HOME
MANUFACTURED (MOBILE) HOME PARK
MEDICAL OFFICES
MINIMAL IMPACT USE
MIXED-USE PROJECT
MOTEL
NEIGHBORHOOD STORE
NURSERY AND GREENHOUSE
NURSERY SCHOOL AND DAY CARE
(1)
(2)
OFFICE, BUSINESS
OFFICE, PROFESSIONAL
OFF-ROAD AND/OR MOTOR VEHICLE
OPEN SPACE
OUTDOOR RECREATION AND AMUSEMENT
OUTDOOR RECREATION, LIGHT
PERSONAL SERVICES
PLACES OF PUBLIC ASSEMBLY
PLACES OF WORSHIP
PRESERVE, NATURE OR ANIMAL
PROFESSIONAL OFFICES
PUBLIC BUILDINGS
PUBLIC PARKS AND PLAYGROUNDS
PUBLIC STREET
PUBLIC TRANSPORTATION FACILITIES
RECREATIONAL VEHICLE
RESIDENTIAL ZONING DISTRICT
RESORT
RESTAURANT (SIT-DOWN DINING)
RETAIL BUSINESS OR SERVICE NOT OTHERWISE SPECIFIED
SAWMILL
(1)
(2)
SCHOOLS, COLLEGES AND EDUCATIONAL FACILITIES
SELF-STORAGE MINI-WAREHOUSE FACILITY
SENIOR CARE COMMUNITY
SEWAGE TREATMENT PLANT
SIGN
SIGN, DIRECTIONAL
SIGN, GENERAL DIRECTORY
SITE PLAN
SITE PLAN REVIEW
SPECIALTY SHOP
SPECIAL USE PERMIT
STABLE, COMMERCIAL
STABLE, PRIVATE
STRUCTURE
SUPERMARKETS
TAVERN
TOWN ENGINEER
TRIP ENDS
TRUCKING TERMINAL
USABLE AREA
VETERINARIAN'S OFFICE
WAREHOUSE
WHOLESALE BUSINESSES
YARD
(1)
(2)
(3)
As used in this chapter, the following terms shall
have the meanings indicated:
A separate but secondary dwelling unit, created in conjunction
with a single-family dwelling structure that serves as the residence
of the owner, including, but not limited to "mother-daughter" units.
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
Housing intended and operated for occupancy by persons 55
years of age or older, as provided under 42 U.S.C. § 3607(b)(2)(C).
Activities that involve the exertion of physical movement
on a regular basis to maintain health, fitness and well-being that
require developed areas for organized or intense recreation. Facilities
for active recreation may include athletic fields, buildings or structures
for recreational activities, community gardens, courses or courts,
children's play areas, maintained walking path, or a bike path.
[Added 6-15-2011 by L.L. No. 3-2011]
A use of a building or land for a business which has obscene
materials as a significant portion of its stock-in-trade. Obscene
materials include any literature, book, magazine, pamphlet, newspaper,
paper, comic book, drawing, photograph, figure, image, motion picture,
sound recording, article, instrument or any other written or recorded
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas and which, taken as a whole, do not
have serious literary, artistic, political or scientific value.
The cultivation of the soil for food products, tree crops,
other useful or valuable growths of the field or garden and also dairying
and livestock raising. This definition is also intended to encompass
all activities recognized as agriculture by New York State.
A facility where animals and pets are provided with veterinary
care in combination with boarding for temporary periods.
A building or place of business where gasoline, oil and grease,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade at retail and/or where vehicle
repair service is rendered, not including a "convenience store."
See "boardinghouses and tourist homes."
A dwelling unit occupied by a resident owner, or agent thereof,
from whom a maximum of eight transient tenants rent sleeping space
with or without provisions for meals. A bed-and-breakfast facility
is considered to be included within this definition. A facility accommodating
more than eight transient tenants shall be considered a hotel or motel,
depending upon the circumstances.
Financial security in an amount acceptable to the Planning
Board and in the form of cash, assigned deposits or an irrevocable
letter of credit, collateral to the principal obligation of the owner,
to secure or guarantee the proper maintenance of or to protect against
defects in construction of improvements. The form of said bond or
guarantee shall be approved by the Town Board, and the bond or guarantee
shall remain in full force and effect for a period of time after completion
of the improvements and until the bond or guarantee is released by
resolution of the Town Board.
Financial security in an amount acceptable to the Planning
Board and in the form of cash, assigned deposits or an irrevocable
letter of credit, collateral to the principal obligation of the owner,
to secure or guarantee the proper installation of or to protect against
defects in construction of improvements. The form of said bond or
guarantee shall be approved by the Town Board, and the bond or guarantee
shall remain in full force and effect for a period of time after completion
of the improvements and until the bond or guarantee is released by
resolution of the Town Board.
A structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.
That proportion of a lot that is covered by buildings, structures
and other built improvements, excluding driveways and parking areas.
The vertical distance, measured from the average level of
the ground surrounding the building to the highest point of the roof,
but not including chimneys, spires, towers, tanks and similar projections.
A structure in which is conducted the principal use or uses
of the site on which it is situated. In any residential district,
any dwelling shall be deemed to be a principal building on the lot
on which the same is located.
Two or more business, commercial or light industrial establishments
located on a site of not less than 10 acres and sharing certain facilities
in common, such as parking, public utilities and open space. Activities
may include the manufacture, assemblage, treatment or packaging of
products when conducted without exceeding applicable state or local
standards governing odor, noise, smoke, dust, glare or other undesirable
environmental consequences. Ancillary or complementary retail activities
associated with the principal use (e.g., outlet sales) shall also
be permitted as part of a business park.
Any parcel of land providing accommodations for temporary living purposes, but containing two or more paved or unpaved areas to be used for the parking of recreational vehicles, the erection of tents or the accommodation of other forms of temporary, portable or movable shelters. Temporary storage of recreational vehicles as provided in § 110-15H of this chapter shall not be considered a campground.
A building or structure used for the commercial cleaning
of automobiles and trucks.
The collection and treatment of wastewater that utilizes
physical, chemical and biological treatment processes and all appurtenances,
with treated effluent that customarily discharges into a receiving
surface water. A central sewage system may be privately owned, operated
and maintained or owned, operated and maintained by a municipal sewer
district and is subject to the permitting and operating regulations
of the New York State Department of Environmental Conservation and
the Ulster County Health Department. A communal sewage system is not
considered to be a central sewage system.
[Amended 6-15-2011 by L.L. No. 3-2011]
The wells, reservoirs and reservoir sites, treatment plants,
pumping apparatus, water mains, infiltration galleries, pipes and
all appurtenances of a nonmunicipal or municipal water district and
distribution facilities. A central water system shall be required
for projects with five or more units using the same facilities. The
system design, construction, operation and maintenance programs shall
be approved by the New York State Department of Environmental Conservation,
the State and/or County Department of Health and other required regulatory
agencies.
Conversion of the use of a parcel of land or structure from
one category of land uses regulated by this chapter to another, regardless
whether or not construction is involved but excluding mere changes
in ownership.
A private organization of voluntary membership organized
to pursue common goals, interests or activities and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings and a set of bylaws. Uses associated with such organizations
shall be limited to eating, drinking, meeting and indoor recreation
facilities.
An activity or use carried out for financial gain.
A structure including one or more antennas that is intended
for transmitting and/or receives radio, television, telephone or microwave
communications, but excluding those used either for fire, police and
other dispatch communications or exclusively for private radio and
television reception and private citizens bands, amateur radio and
other similar communications.
Any and all indoor amusement and recreation uses and associated
facilities and structures used for sports and leisure activities on
a fee basis, excluding adult uses.
Any use of land which permits the operation of one or more
off-road and/or motorized vehicles whether conducted on pavement,
dirt, snow, ice or natural terrain for which an admission, donation,
membership fee or any other financial renumeration is required, requested
and/or suggested.
The collection and treatment of wastewater generated by two
or more residences using a common subsurface soil absorption treatment
system, either in-ground or fill or mound system, or a sand filter
system or other approved soil absorption type treatment system and
all appurtenances, that utilizes soil or other similar media to achieve
final effluent treatment and disposal. A communal sewage system may
be privately owned, operated and maintained or owned, operated and
maintained by a municipal sewer district and is subject to the permitting
and operating regulations of the New York State Department of Environmental
Conservation and the Ulster County Health Department.
[Amended 6-15-2011 by L.L. No. 3-2011]
A facility erected on a lot or existing structure, and regulated
by the Federal Communications Commission, for the purpose of conducting
wireless communications.
A facility used in common by a number of people, owned by
a public or nonprofit agency, used for recreational or social purposes,
without membership restrictions.
A land development or subdivision where lots or dwelling
units are clustered closer together on a tract with the specific objective
of creating large usable sections of open space on the remainder of
the property and without substantially increasing density for the
tract as a whole.
A retail store of 6,000 square feet or less offering general
goods and services for travelers or the convenience of a neighborhood
where gasoline may also be dispensed. A car wash may be part of the
convenience store operation.
A property used for the interring of the dead, excluding
crematoriums.
A permanent turnaround at the end of a dead-end street, constructed
in accordance with Town of Plattekill Private Road Specifications.
An adult or child day-care service conducted from the home
as a Class II home occupation.
An adult or child day-care service including, but not limited
to, services offered by an employer, for the benefit of that employer's
employees.
A retail business or establishment engaged in the sale of
food, nonalcoholic drinks, ice cream or similar confections, which
are so prepared, packaged in paper or other types of disposable wrappers
or containers, and served at counters either inside or outside the
confines of a building, or to persons in motor vehicles, so as to
be intended for immediate consumption by persons, either seated or
standing, either within or outside the building, or in motor vehicles.
Excluded from this definition shall be retail stores which sell confections
or food intended for immediate consumption as incidental items.
A dwelling for a single-family whether in a single building
or combined with other dwelling units in a single building.
SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.
TWO-FAMILYA property used for not more than two individual attached dwelling units entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
MULTIFAMILYA building or portion thereof used or designed for three or more dwelling units.
TOWNHOUSEDwelling, single-family attached (townhouses, group, row); a building containing dwelling units each of which has primary ground floor access to the outside and having a common or party wall separating the dwelling units.
On an individual lot, a building having a minimum width of
23 feet and not less than 768 square feet of floor area, consisting
of one or more rooms, including areas within for cooking facilities
and sanitation facilities. Width, as used herein, shall be exclusive
of overhangs, cornices, eaves, stoops and all unenclosed additions,
such as decks, porches or breezeways or any other addition which does
not constitute a permanent, all-season addition to the unit.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal or other governmental agencies for the
public health or safety or general welfare. Essential services shall
include firehouse, first aid and emergency aid stations and community
antenna television, whether provided by a municipal or nonprofit agency,
but shall exclude cellular communications towers.
A use whose primary function is the sale of extracted sand,
gravel, topsoil or any other natural deposit found in the ground.
Any number of persons living together as a single, permanent
and stable nonprofit housekeeping unit, using all rooms in the dwelling
and housekeeping facilities in common and having such meals as they
may eat at home generally prepared and eaten together with sharing
of food, rent, utilities or other household expenses. The Code Enforcement
Officer may, in the instance of households or groups of more than
four unrelated persons living together, require affirmative evidence
that the household or group meets the other criteria contained herein
before considering the household or group as a family for purposes
of this chapter.
Any parcel of land of seven acres or more used principally
in the raising or production of agricultural products and the necessary
or usual dwellings, farm structures, storage and equipment.
Any area of land and all buildings or other structures which
are accessory to a farm, any part of which may be used as a dwelling
for employees and their families, who gain their primary income from
employment on the farm parcel. Farm labor housing shall be permitted
as an accessory use.
A restaurant offering a combination of drive-in service and
sit-down dining where customers place their orders at a counter or
a drive-up or walkup window.
A man-made structure designed to serve as a land border.
A lot with a lot frontage of no less than 25 feet and no
greater than 50 feet in width, containing a narrow land strip access,
the "flag pole," leading to the buildable rear portion of the lot,
the "flag."
[Amended 7-21-2010 by L.L. No. 1-2010]
A regularly scheduled or periodic market held in an open
area or structure where groups of individual sellers offer goods for
sale to the public.
The growing and harvesting of trees, including firewood cutting
and logging, but excluding sawmills and other manufacturing or processing
operations.
A structure occupied and used by licensed undertakers or
morticians for burial/cremation preparation and funeral services,
not including a crematory.
A glass or plastic-sided, temperature-controlled structure
designed and used for the commercial raising of crops for wholesale
distribution.
[Amended 6-16-2021 by L.L. No. 2-2023]
A facility which provides an office or institution providing
care or treatment of diseases, whether physical, mental, or emotional
or other medical, physiological, or psychological conditions including
but not limited to, hospitals, rehabilitation centers, or other clinics
including: weight control clinics, nursing homes, homes for the aging
or chronically ill, laboratories, and offices of surgeons, chiropractors,
physical therapists, physicians, dentists, and all specialists within
these professions. These definitions shall include all waiting rooms,
treatment rooms, private rooms, semiprivate rooms and wards within
the health-care facility. Health-care facilities may provide hospice,
in-person residences, dialysis treatment and assisted living residences.
Support services in a health-care facility may include but shall
not be limited to provisions of a common dining area/cafeteria, indoor
and outdoor facilities or activities for education, recreation, or
socialization, transportation, laundry and housekeeping services and
personal care services such as pharmacy, salons/barber shops, small
food services/retail facilities.
Health-care facilities must be licensed by, certified or otherwise
authorized or permitted by law to provide medical treatment in the
State of New York.
Any business or profession, conducted in a dwelling and/or
accessory building, that is carried on by members of the household
residing on the property, with or without nonresident employees, and
that is clearly an accessory use in relation to the residential use
of the premises. Home occupations are divided into the following classes:
Class I (minimal impact): A home occupation
whose base of operation is carried out within the principal residence,
that does not involve the parking of any service delivery vehicles
on site and that will not generate customer traffic, have nonresident
employees, use an accessory building, receive deliveries by other
than letter or parcel carriers or pose an environmental, safety or
health hazard. Class I minimal impact home occupations are permitted
accessory uses in all zones, requiring a permit from the Code Enforcement
Officer.
Class II: A home occupation whose base of operation
is carried out within the principal residence and/or accessory building
and which will generate customer traffic, have nonresident employees
or receive deliveries, use an accessory building or outdoor storage
or may have environmental, safety or health impacts. Class II home
occupations shall only be authorized by a special use permit.
One or more buildings offering transient lodging accommodations
on a fee or hire basis to the general public, and which provide rooms
or areas for group assembly, essential kitchen area only and essential
dining room within the building or in an accessory building. A hotel
shall not constitute an individual or family's primary residence and
shall not be construed to be a multiple dwelling. Hotels may contain
accessory uses hereto which primarily are tended for use by such guests
including but not limited to snack bars, recreational facilities or
activities, and retail shops for the sale of souvenirs and sundries
or which are intended for use by such guests, as well as the general
public, including, but not limited to, meeting rooms, restaurants,
and other dining facilities. The definition of hotels shall not include
bed-and-breakfasts or rooms for rent in single-family residential
structures.
[Amended 6-16-2021 by L.L. No. 2-2023]
Nonprofit public or quasi-public institutions and uses, such
as houses of worship, public schools, libraries, museums and municipally
owned or operated buildings, structures or land, including public
parks, used for public purposes.
An institution or organization not necessarily licensed or
accredited as a school by the State of New York, which provides for
the teaching of any skill or body of knowledge independent of a general
curriculum of studies.
Consists of buildings, structures or premises where junk,
wastes or discarded or salvage materials are bought or sold, exchanged,
stored, baled, packed, disassembled or handled, including automobile
wrecking yards, but not including used cars in operable condition
or the purchase or storage of used furniture and household equipment
when carried on in completely enclosed buildings.
Any place at which there are kept four or more dogs over
the age of six months for care, boarding, breeding or other purpose,
whether or not a fee is charged.
Any use involving the manufacture, assembly, processing or
storage of materials, when conducted in an enclosed building without
generating noise, glare, odor, smoke or other environmental nuisances
perceptible beyond the property line.
A piece or parcel of land or assemblage of recorded contiguous
parcels of land occupied or intended to be occupied by a principal
building or a group of such buildings and accessory buildings or utilized
for a principal use and uses accessory or incidental to the operation
thereof, together with such open spaces as are required by this chapter,
and having access to a street.
A lot abutting upon two or more streets at their intersections
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135°. The point
of intersection of the street lot lines is the corner.
That proportion of a lot that is covered by impervious surfaces,
including buildings, structures, paved areas and other built improvements.
The average horizontal distance between the front and rear
lot lines. In the case of a flag lot, the minimum depth shall be measured
from the rear property line of the flag lot to the front of the flag
or buildable portion of said lot.
[Amended 7-21-2010 by L.L. No. 1-2010]
The property lines bounding the lot.
FRONTThe right-of-way line of the Town road or street providing access to the lot if such road or street is at least 50 feet in width. In cases where such street or Town road is less than 50 feet in width, the front line shall be considered to be 25 feet from the center line of such access road. In the case of a lot accessed from a private drive, the front lot line shall be the lot line toward which a building will face. In the case of a flag lot, the front lot line shall be the property line at the front portion of the "flag" portion of the lot, closest to the street which provides access to said lot.
[Amended 7-21-2010 by L.L. No. 1-2010]
REARThe lot line opposite and most distant from the front lot line.
SIDEAny lot line other than front or rear lot lines. A side lot line separating a lot from a street is called a "side street lot line."
A lot having frontage on two approximately parallel or converging
public or private streets.
The distance between two side lot lines measured along the front lot line where it abuts the right-of-way line of the road serving the lot. For lots fronting on a cul-de-sac, lot width shall be measured at the required building setback line (e.g., at a point 35 feet from the right-of-way line in the RS-1 District). Frontage shall be measured parallel with the right-of-way line. See § 110-12 for front yard (building setback) standards. In the case of a flag lot, the lot width shall be defined as the distance between the two side lines as measured at the line extending across the principal street side of the flag portion of the flag lot and along a line parallel with the adjacent front lot's rear property line.
[Amended 7-21-2010 by L.L. No. 1-2010]
Any self-contained HUD-approved dwelling unit designed for
long-term occupancy; containing sleeping accommodations, a flush toilet,
a tub or shower, bath and kitchen facilities, with plumbing and electrical
connections provided for attachment to outside systems; designed to
be transported, after fabrication, on its own wheels or on a flatbed
or other trailer; and arriving at the site where it is to be occupied
as a dwelling complete. A sectional prefabricated house not subject
to HUD approval shall not be considered a manufactured or mobile home.
Any plot of ground upon which two or more mobile homes, occupied
for dwelling or sleeping purposes, are located, regardless of whether
or not a charge is made for such accommodations.
Offices or facilities including, without limitation, preventative
or rehabilitative treatment, diagnostic services, testing and analysis
but excluding inpatient services and overnight accommodations. Medical
offices may include a testing laboratory as an incidental use to the
facility.
[Amended 6-16-2021 by L.L. No. 2-2023]
A retail or service use that is otherwise classified as a
special use, occupies less than 2,500 square feet of floor area and
generates less than 100 trip-ends of traffic per day on average, not
including auto-related enterprises, drive-in establishments, salvage
yards, commercial recreational facilities, industrial uses, taverns,
adult uses, convenience stores or any other use that would generate
noise, odor, fumes, light, glare, vibration or other similar impacts
beyond the property line of the lot. Minimal impact uses shall be
allowed as principal permitted uses in specified zoning districts,
but may be subject to site plan review as provided under the New York
State Town Law (see the Schedule of District Regulations for such
instances[1]).
A building or lot that is used for more than one permitted
use under this chapter (e.g., a retail store with an apartment above).
A building or group of buildings containing individual living
and sleeping accommodations for hire, each of which is provided with
a separate exterior entrance and a parking space and is offered for
rental and use primarily by motor vehicle travelers. The term "motel"
includes but is not limited to every type of similar establishment
known variously as an "auto court," "motor inn," "motor lodge," "tourist
court," "tourist cabins," or "roadside hotel," not including boardinghouses
or bed-and-breakfasts.
A retail business establishment of not more than 1,500 square
feet in floor area, located in a building which may include living
quarters, not including a drive-in establishment, convenience store
or gasoline sales.
An enclosed structure utilized for the growing of plants
and horticultural products for commercial purposes.
A facility that is not part of a single-family
residence designed to provide daytime care or instruction for five
or more children for more than two hours a day duly licensed by the
State of New York.
A facility that is part of a single-family residence
designated to provide daytime care or instruction for 12 or more children
for more than two hours a day duly licensed by the State of New York.
A place offering business services, such as insurance or
real estate services, excluding other uses specified on the Schedule
of District Regulations.[2] However, any place of business may include an ancillary
business office related to that use.
The office of an accountant, architect, attorney, dentist,
engineer, physician or similar licensed activity, whether in a single-family
house as a home occupation or in a professional office building.
Motor vehicle, motocross, snowmobile, all-terrain vehicle
(three wheels or four wheels, motorcycles, go-karts) or any motorized
vehicle.
Land that is left in its natural state for conservation purposes,
including wildlife habitat and wildlife corridors; landscaped for
aesthetic or scenic purposes; devoted to active or passive recreation;
or used for the preservation of distinctive architectural, historic,
geologic and botanical sites, but not stormwater management or sewage
treatment and disposal facilities or recreation buildings and appurtenant
recreation structures, unless specifically allowed otherwise in this
Zoning Code and not impervious surfaces such as driveways, parking
areas or paved areas not used for recreation.
[Added 6-15-2011 by L.L. No. 3-2011]
Any and all outdoor amusement and recreation uses, parks
and playgrounds and associated facilities and structures, when all
or a substantial portion of such activity is outside a building or
structure and is intended and shall include uses employing modification
of the natural terrain such as the construction of slopes, slides,
runs, paths, courses or other improvements to assist in the activity,
as well as uses which leave the land in a passive or undisturbed state,
excluding commercial operation of off-road and motor vehicle uses
in all residential zoning districts, including HR-1, RS-1, RR-1.5,
AG-1.5 and M-3.
Trails, fishing and hunting preserves, nature preserves,
picnic areas and other passive recreational facilities or programs
taking place primarily outdoors, excluding off-road and motorized
vehicle uses.
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel (e.g., barbershop, nail
salon, beauty shop, dressmaker), but excluding other uses specifically
listed on the Schedule of District Regulations.[3]
Places where large numbers of individuals assemble on a regular
or periodic basis for events, including but not limited to community
buildings, clubs and places of worship.
A building or structure, or groups of buildings or structures,
that by design and construction is primarily intended for the conduct
of organized religious services and accessory uses customarily associated
with such uses.
An area of open space reserved for the keeping of animals
or protection of plant species for public visitation on either a commercial
or noncommercial basis, provided such areas are both fenced and managed
to restrain any animal species.
Buildings utilized by firms or organizations providing professional,
executive, management or administrative services such as architectural,
engineering, real estate, travel agency, insurance, investment, legal
offices, or other providers of business or personal services excluding
banks and medical offices.
[Added 6-16-2021 by L.L. No. 2-2023]
Buildings or structures owned or operated by a unit of Town,
county, school district, state or federal government.
Recreation areas that are open to the public and for which
no fee or other consideration is charged or required except for such
fee or fees as may be charged by a governmental body having jurisdiction
over its use and management. No facility involving the use of motorized
vehicles for recreation or amusement as a principal element of the
operation shall be considered a public park or playground.
A Town, county or state highway.
Bus stops, taxi stands and train stations, but excluding
airports, heliports and truck terminals.
A vehicular-type unit primarily designed as temporary living
quarters for recreational camping, travel or seasonal use that either
has its own motor power or is mounted on or towed by another vehicle.
A zoning district designated as RS-1, HR-1, RR-1.5, AG-1.5
or M-3.
[Added 4-19-2006 by L.L. No. 1-2006]
An area of land on which is located a hotel or group of buildings
containing living and sleeping accommodations for 20 or more persons,
hired out for compensation and which has a public lobby serving guests
and contains one or more dining rooms and one or more recreation facilities
of such scope as to define the hotel as a recreational and tourist
attraction in its own right (e.g., golf or ski area).
An eating and drinking place where meals are primarily served
for sit-down dining at the same location, excluding drive-in establishments
as defined herein.
Retail or personal service establishments, such as appliance
sales and service; banks; bakeries and food stores; barbershops and
beauty parlors; book, card and stationery stores; candy and tobacco
shops; dry goods and variety stores; florists and garden supplies;
hardware stores; newspaper and periodical vendors; package liquor
stores; photographic supplies, services and equipment; shoe sales
and repair services; tailors and dress makers; wearing apparel stores;
and similar uses.
A machine or plant with power-driven machines for sawing
logs into rough-squared sections or into planks and boards for commercial
sale and not personal consumption. A sawmill may also be equipped
with planing, molding, tenoning or other machines for finished processes.
Type A: A sawmill operation which is located
on any particular site, either temporary or permanent in nature, which
processes less than 2,000 board feet of lumber per day.
Type B: A sawmill operation which is located
on any particular site, either temporary or permanent in nature, which
processes more than 2,000 board feet of lumber per day.
Elementary and secondary schools and institutions of higher
learning duly licensed by the State of New York, attendance at which
fulfills the compulsory education requirements of the state or leads
to the granting of diplomas from accredited educational institutions
recognized by the State of New York.
A building or structure containing separate storage spaces
leased or rented on an individual basis.
Age-restricted (55+ years) communities of independent-living
or congregate-care residential units, or any combination of these,
that are accompanied by supportive care services in the activities
of daily living, including, but not limited to, "continuing care retirement
communities" and "life care communities," as these are often described
where progressive levels of assistance with the activities of daily
living are provided, but excluding motels, hotels, group homes, hospitals,
clinics or alcohol and drug rehabilitation facilities.
A plant in which sewage is treated in a facility and the
system employs the biological, physical and chemical mode of treatment.
A name, identification, description, display or illustration
or any other visual display which is affixed to or painted or represented,
directly or indirectly, upon a building, structure or piece of land
and which directs attention to an object, product, place, activity,
person, institution, organization or business.
A sign indicating the location and direction of premises
other than those on which the sign is located.
A sign erected on a property to advertise multiple businesses
or enterprises on site.
A rendering, drawing or sketch prepared to specifications
and containing necessary elements as set forth in this Zoning Law
and any other statutes, that shows the arrangement, layout and design
of the proposed use of a single parcel of land as shown on said plan.
Review of a site plan by the Town of Plattekill pursuant
to § 274-a of the New York State Town Law. Site plan review
is required for all special use permits, certain specific uses designated
on the Schedule of District Regulations[4] and, upon referral from the Code Enforcement Officer,
for certain other uses.
A small retail enterprise focusing on a particular class
or type of food goods, such as a bakery, meat shop, delicatessen,
fish store, tobacco shop, or similar store, not including any enterprise
occupying more than 1,500 square feet of floor area.
A use which, because of its unique characteristics, is permitted
in certain zoning districts and is subject to conditions and requirements
imposed by the provisions of this chapter to assure that the proposed
use is in harmony with said provisions and will not adversely affect
the neighborhood if such requirements are met (see also § 274-b
of the New York State Town Law).
The keeping of equines for remuneration or purposes of organized
activities involving the activities of customers, guests, members
or clients, including riding academies, boarding stables and similar
uses, but excluding horse breeding farms subject to protection under
the New York State Agricultural Districts Law.
The keeping of one or more equines in conjunction with a
residential use where the animals are used for the enjoyment of the
occupants, without remuneration or other organized activities involving
the activities of customers, guests, members or clients.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having permanent
location on the ground, including stationary and portable carports.
Those particular retail establishments, primarily selling
food as well as other convenience and household goods, that happen
to exceed 20,000 square feet in floor area. Other such establishments
shall be simply be considered "retail and service establishments."
An eating and drinking place primarily oriented toward the
sale of alcoholic beverages. Any eating and drinking place where less
than 50% of the floor area is devoted to use for sit-down consumption
of food and nonalcoholic beverages (excluding bar seating) shall be
considered a tavern.
The person duly designated as Engineer of the Town on a permanent
or consulting basis.
The total number of vehicular trips made to and from a site
over the course of a designated period of time.
An area and building where cargo is stored and where trucks
load and unload cargo on a regular basis, with or without truck maintenance
and repair facilities.
The area of a lot that is suitable for development. The usable
area of a lot shall not include a percentage of those portions of
the site that are covered by NYSDEC regulated water bodies or wetlands
including regulated adjacent areas, federal wetlands, steep slopes
in excess of 15%, rights-of-way of existing public or private roads
and utility easements that would prevent the use or development of
the underlying land in any manner, open water areas of ponds, lakes
and rivers shall also be excluded from usable area.
[Added 6-16-2021 by L.L. No. 2-2023]
The office of a licensed veterinarian. Also, see "animal
hospital."
A building or group of buildings used for storage or storage
and distribution by one or more commercial or business interests and
are not open to the public. A warehouse shall not be construed to
mean a self-storage facility. A warehouse shall not be permitted to
have retail sales open to the general public.
[Amended 6-16-2021 by L.L. No. 2-2023]
Establishments or places of business primarily engaged in
selling merchandise to retailers, industrial, commercial or institutional
users, or other wholesale businesses.
An open space which lies between the principal building or
group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[3]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
[4]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
