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City of Middletown, NY
Orange County
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Table of Contents
Table of Contents
Code
New Laws (12) Index
Except as hereinafter provided:
A. 
No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered, unless in conformity with the regulations herein specified for the district in which it is located.
B. 
No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of persons or families, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards, side yards, or inner or outer courts than is specified herein for the district in which such building is located.
C. 
No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
A. 
Permitted uses.
(1) 
One-family dwellings, not to exceed one dwelling building on each lot.
(2) 
Municipal buildings or uses (subject to requirements in R-1 Zone).
B. 
Accessory uses.
(1) 
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2) 
Private garage or other off-street parking area, in accordance with the provisions of § 475-33.
(3) 
Garden house, toolshed, or wading or swimming pool not operated for gain, provided that pools with an area in excess of 200 square feet shall be located at least 10 feet from any lot line.
(4) 
Fences, in accordance with the provisions of § 475-38.
(5) 
Radio and television antennas under 15 feet in height, but not if used for commercial gain.
C. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
D. 
Building height limit. No building or accessory use shall exceed two stories or be erected to a height in excess of 35 feet.
E. 
Required lot area. Lot area shall be not less than 7,500 square feet except where the lot area is restricted by adjoining lands owned by others and where such restriction has not been created by the individual or entity seeking to construct a use on such substandard lot, and in such cases the minimum lot area shall be 5,000 square feet for existing lots.
F. 
Yards required.
(1) 
Each lot shall have front, side and rear yards with depths and widths of not less than the following:
(a) 
Front yard depth: 30 feet.
(b) 
Each side yard width: five feet, with the minimum sum of width of both side yards not less than 30% of lot frontage.
(c) 
Rear yard depth: 30 feet.
(d) 
Front yard width: 75 feet, except that where the allowable lot area is less than 7,500 square feet then the minimum shall be 50 feet for valid preexisting lots.
(2) 
Corner lot. On every corner lot, there shall be provided on the side street a yard equal in depth to the required front yard depth on said side street.
(3) 
No accessory building or structure shall be within five feet of any property line.
[Amended 4-16-2013]
A. 
Permitted uses.
(1) 
One-family dwellings (subject to requirements in R-1 Zone).
(2) 
Municipal buildings or uses (subject to requirements in R-2 Zone).
(3) 
Two-family dwellings, not to exceed one dwelling building on each lot.
B. 
Accessory uses.
(1) 
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2) 
Private garage or other off-street parking area, in accordance with the provisions of § 475-33.
(3) 
Garden house, toolshed, or wading or swimming pool not operated for gain, provided that pools with an area in excess of 200 square feet shall be located at least 10 feet from any lot line.
(4) 
Fences, in accordance with the provisions of § 475-38.
(5) 
Radio and television antennas under 15 feet in height, but not if used for commercial gain.
C. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4) 
Executive offices and operating facilities (but excluding the broadcasting towers) of a communications company.
D. 
Building height limit. No building or accessory use shall exceed two stories or be erected to a height exceeding 35 feet.
E. 
Required lot area.
(1) 
Each one-family dwelling shall be located on a lot not less than 7,500 square feet and not less than 75 feet wide except where the lot area is restricted by adjoining lands owned by others and where such restriction has not been created by the individual or entity seeking to construct a use on such substandard lot, and in such cases the minimum lot area shall be 5,000 square feet and the minimum width shall be 50 feet for existing lots.
(2) 
Each two-family dwelling shall be located on a lot not less than 7,500 square feet in area.
F. 
Yards required.
(1) 
Each lot shall have front, side and rear yards with depths and widths of not less than the following:
(a) 
Front yard depth: 25 feet.
(b) 
Each side yard width: five feet.
(c) 
Rear yard depth: 20 feet.
(d) 
Front yard width: 75 feet.
(2) 
Corner lot. On every corner lot in a residential district, there shall be provided on the side street a yard equal in depth to the required front yard depth on said side street.
(3) 
No accessory building or structure shall be within five feet of any property line.
[Amended 4-16-2013]
A. 
Permitted uses.
(1) 
One-family dwellings (subject to requirements in R-1 Zone).
(2) 
Municipal buildings or uses (subject to requirements in OR-2 Zone).
(3) 
Two-family owner-occupied dwelling constructed or converted from a single-family usage after the effective date of this section, not to exceed one dwelling building on each lot. One of the two dwelling units must be occupied by the owner of the property.
[Amended 1-17-2023]
(4) 
Two-family non-owner-occupied dwelling, not to exceed one dwelling building on each lot, provided that the property was occupied as a two-family dwelling on the effective date of this section.
[Added 1-17-2023]
B. 
Accessory uses.
(1) 
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2) 
Private garage or other off-street parking area, in accordance with the provisions of § 475-33.
(3) 
Garden house, toolshed, or wading or swimming pool not operated for gain, provided that pools with an area in excess of 200 square feet shall be located at least 10 feet from any lot line.
(4) 
Fences, in accordance with the provisions of § 475-38.
(5) 
Radio and television antennas under 15 feet in height, but not if used for commercial gain.
C. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
D. 
Building height limit. No building or accessory use shall exceed two stories or be erected to a height exceeding 35 feet.
E. 
Required lot area.
(1) 
Each one-family dwelling shall be located on a lot not less than 7,500 square feet and not less than 75 feet wide except where the lot area is restricted by adjoining lands owned by others and where such restriction has not been created by the individual or entity seeking to construct a use on such substandard lot, and in such cases the minimum lot area shall be 5,000 square feet and the minimum width shall be 50 feet for existing lots.
(2) 
Each two-family dwelling shall be located on a lot not less than 7,500 square feet in area.
F. 
Yards required.
(1) 
Each lot shall have front, side and rear yards with depths and widths of not less than the following:
(a) 
Front yard depth: 25 feet.
(b) 
Each side yard width: five feet.
(c) 
Rear yard depth: 20 feet.
(d) 
Front yard width: 75 feet.
(2) 
Corner lot. On every corner lot in a residential district, there shall be provided on the side street a yard equal in depth to the required front yard depth on said side street.
(3) 
No accessory building or structure shall be within five feet of any property line.
[Amended 4-16-2013]
A. 
Permitted uses.
(1) 
One-family dwellings (subject to requirements in R-1 Zone).
(2) 
Municipal buildings or uses (subject to requirements in UR-3 Zone).
(3) 
Two-family dwellings (subject to requirements in R-2 Zone).
B. 
Accessory uses.
(1) 
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2) 
Private garage or other off-street parking area, in accordance with the provisions of § 475-33.
(3) 
Garden house, toolshed, or wading or swimming pool not operated for gain, provided that pools with an area in excess of 200 square feet shall be located at least 10 feet from any lot line.
(4) 
Fences, in accordance with the provisions of § 475-38.
(5) 
Radio and television antennas under 15 feet in height, but not if used for commercial gain.
C. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board (all in accordance with UR-3 requirements).
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4) 
Boardinghouses in accordance with the provisions of § 475-35.
(5) 
Membership clubs (except such clubs where the chief activity or primary purpose is a service customarily carried on as a business or primarily for gain). In conjunction with the use as a club allowed under this subsection, a dining room may be operated provided it is incidental to the activities of said club and is conducted for the personal use of members and guests only, and further provided that no sign is displayed advertising such activity.
(6) 
Adult care facilities, hospitals, sanitariums, rest homes, philanthropic and charitable institutions or similar uses, provided that no part of the buildings or structures for such use shall be permitted within 50 feet of any street or lot line.
(7) 
Offices for the following:
(a) 
Accountants.
(b) 
Architects.
(c) 
Bonding and/or loan companies.
(d) 
Engineers and/or surveyors.
(e) 
Insurance.
(f) 
Lawyers.
(g) 
Medical/dental practitioners (including chiropractors and acupuncturists).
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(k) 
Funeral homes and undertaking establishments.
(8) 
Multiple dwellings consisting of a building or buildings containing three or more rental apartment units, but excluding townhouses, duplexes, fourplexes or row houses (whether in fee simple or condominium ownership), provided that:
(a) 
Buildings shall not exceed 160 feet in length and shall be provided with an offset of at least five feet at a maximum of every 40 feet of length, which shall also include a roofline offset.
(b) 
The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between a principal and an accessory building shall be 20 feet.
(c) 
Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet and its depth shall not exceed its width.
(d) 
There shall be provided on the same lot suitably enclosed, equipped and landscaped children's play lots subject to Planning Board approval and in accordance with the area requirements shown in the bulk and parking regulations, located at the end of this chapter.[1]
[1]
Editor's Note: See Table 1 at the end of this chapter.
(e) 
The entire property, especially off-street parking areas and service yards, shall be suitably landscaped to assure an attractive environment within the site.
(f) 
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(g) 
The design must conform to the requirements set forth in the bulk and parking regulations, located at the end of this chapter.
(h) 
There shall be no parking areas located in required yards.
(9) 
Row or attached housing consisting of a series of attached one-family dwelling units, each located on its own individual lot owned in fee simple, or one-family dwelling units in condominium ownership, including townhouses, duplexes, and fourplexes, provided that:
(a) 
The maximum number of dwelling units in a group of row dwellings shall be eight.
(b) 
Buildings shall not exceed 160 feet in length and shall be provided with an offset of at least five feet at a maximum of every 40 feet of length, which shall also include a roofline offset.
(c) 
The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between a principal and an accessory building shall be 20 feet.
(d) 
Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet and its depth shall not exceed its width.
(e) 
There shall be provided on the same lot suitable enclosed, equipped and landscaped children's play lots subject to Common Council approval and in accordance with the area requirements shown in the bulk and parking regulations, located at the end of this chapter.[2]
[2]
Editor's Note: See Table 1 at the end of this chapter.
(f) 
The entire property, especially off-street parking areas and service yards, shall be suitably landscaped to assure an attractive environment within the site.
(g) 
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside of the building.
(h) 
The design must conform to the requirements set forth in the bulk and parking regulations, located at the end of this chapter.
(10) 
Child day-care facility, provided that such facility:
[Added 5-16-2023]
(a) 
Is licensed by the State of New York;
(b) 
Contains at least 3,000 square feet of usable floor space;
(c) 
Provides an outside play area of at least 600 square feet; and
(d) 
Provides an off-street drop-off area for such children to avoid impacting street traffic in the area.
[Added 4-19-2005]
A. 
Permitted uses.
(1) 
One-family dwellings (subject to requirements in R-1 Zone).
(2) 
Municipal buildings or uses (subject to requirements in UR-3 Zone).
B. 
Accessory uses.
(1) 
All accessory uses permitted under § 475-12B.
(2) 
All accessory uses customarily incidental to a multiple-residence development, including but not limited to a clubhouse, swimming pool, playgrounds and courts.
C. 
Uses requiring Common Council subdivision approval.
(1) 
Row or attached housing consisting of a series of attached one-family dwelling units, each located on its own individual lot owned in fee simple, including townhouses, duplexes and fourplexes [subject to the specific requirements set forth in § 475-12C(9) and the Table of Bulk and Parking Regulations for the UR-3 Multiple-Residence High-Density District;[1] provided, however, that in order to achieve the purpose and intent of this zoning district, the Common Council in its discretion may waive or modify any of the aforesaid requirements as well as any design requirement set forth in the City's Subdivision Regulations], provided that no dwelling unit shall be less than 1,400 square feet in floor space.
[1]
Editor's Note: See Table 1 at the end of this chapter.
A. 
Permitted uses.
(1) 
One-family dwellings (subject to the requirements of the R-1 Zone).
B. 
Accessory uses.
(1) 
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2) 
Private garage or other off-street parking areas.
(3) 
Garden house, toolshed, or wading or swimming pool not operated for gain, provided that pools with an area in excess of 200 square feet shall be located at least 10 feet from any lot line.
(4) 
Fences, in accordance with the provisions of § 475-38.
(5) 
Radio and television antennas under 15 feet in height, but not if used for commercial gain.
C. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board (all in accordance with SR-3 requirements).
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4) 
Boardinghouses in accordance with the provisions of § 475-35.
(5) 
Adult care facilities, hospitals, sanitariums, rest homes, philanthropic and charitable institutions or similar uses, provided that no part of the buildings or structures for such use shall be permitted within 50 feet of any street or lot line.
(6) 
Multiple dwellings consisting of a building or buildings containing three or more rental apartment units, but excluding townhouses, duplexes, fourplexes, and row houses (whether in fee simple or condominium ownership), provided that:
(a) 
Buildings shall not exceed 160 feet in length and shall be provided with at least an offset of five feet at a maximum of every 40 feet of length which shall also include a roofline offset.
(b) 
The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between a principal and accessory building shall be 20 feet.
(c) 
Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet and its depth shall not exceed its width.
(d) 
There shall be provided on the same lot suitably enclosed, equipped and landscaped children's play lots subject to Planning Board approval and in accordance with the area requirements shown in the bulk and parking regulations, located at the end of this chapter.[1]
[1]
Editor's Note: See Table 2 at the end of this chapter.
(e) 
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(f) 
The entire property, especially off-street parking areas and service yards, shall be suitably landscaped to assure an attractive environment within the site.
(g) 
The design must conform to the requirements set forth in the bulk and parking regulations, located at the end of this chapter.
(h) 
There shall be no parking areas located in required yards.
(7) 
Row or attached housing consisting of a series of attached one-family dwelling units, each located on its own individual lot owned in fee simple, or one-family dwelling units in condominium ownership, including townhouses, duplexes and fourplexes, provided that:
(a) 
The maximum number of dwelling units in a group of row dwellings shall be seven.
(b) 
Buildings shall not exceed 160 feet in length and shall be provided with an offset of at least five feet at a maximum of every 44 feet of length which shall also include a roofline offset.
(c) 
The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between a principal and accessory building shall be 20 feet.
(d) 
Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet and its depth shall not exceed its width.
(e) 
There shall be provided on the same lot suitably enclosed, equipped and landscaped children's play lots subject to Planning Board approval and in accordance with the area requirements shown in the bulk and parking regulations, located at the end of this chapter.[2]
[2]
Editor's Note: See Table 2 at the end of this chapter.
(f) 
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(g) 
The entire property, especially off-street parking areas and service yards, shall be suitably landscaped to assure an attractive environment within the site.
(h) 
The design must conform to the requirements set forth in the bulk and parking regulations, located at the end of this chapter.
A. 
Permitted and accessory uses. None.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board (all in accordance with R-4 requirements).
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations in accordance with the provisions of § 475-32.
(4) 
Antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43, but only if attached to the top of a building containing another type of use, which building is (or will be upon completion) at least six stories in height, exclusive of any height which may be added by such antenna, antenna accessory structures or towers.
(5) 
Boardinghouses in accordance with the provisions of § 475-35.
(6) 
Executive offices and operating facilities (but excluding the broadcasting towers) of a communications company.
(7) 
Multiple dwellings, with a density of over 16 dwelling units per acre, with a maximum density of 60 dwelling units per acre.
C. 
Building height limit: 12 stories, but not exceeding 120 feet.
D. 
Required lot area. No residence structure shall be established on a lot having an area of less than 60,000 square feet.
E. 
Yards required. The same as specified for UR-3 Districts.
F. 
Parking. Parking shall be as required by § 475-33 of this chapter. Except in the case of housing for the elderly, the requirements shall be one parking space for every two dwelling units. In the case of housing for the elderly, parking shall be as determined by the Planning Board.
G. 
Landscaping shall be required, in accordance with the requirements of the Planning Board and the Commissioner of Public Works.
A. 
Permitted uses.
(1) 
One-family dwellings on one-acre lots, with an exception for existing lots within such area which are presently less than one acre.
B. 
Accessory uses.
(1) 
Home occupations, provided that all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2) 
Private garage.
(3) 
Garden house, toolshed, or wading or swimming pool, not operated for gain, provided that pools with an area in excess of 200 square feet should be located at least 10 feet from any lot line.
(4) 
Fences, in accordance with the provisions of § 475-38.
(5) 
Radio and television antennas under 15 feet in height, but not if used for commercial gain.
C. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board (all in accordance with SR-3A requirements).
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4) 
Multiple dwellings containing no fewer than three and no more than four dwelling units in condominium ownership.
(a) 
The total number of dwelling units allowed in any such development shall be as set forth in the bulk and parking regulations located at the end of this chapter.[1]
[1]
Editor's Note: See Table 3 at the end of this chapter.
(b) 
The maximum total number of primary residential buildings in any such development shall be determined by multiplying the gross acreage of the site times 1.00, rounded to the nearest whole number.
(c) 
In no event shall the number of habitable rooms in any individual dwelling unit exceed six. For purposes of this section, the term "habitable room" shall have the same meaning as set forth in the bulk and parking regulations located at the end of this chapter.
(d) 
The minimum square footage per dwelling unit shall be in accordance with the following schedule:
Number of Habitable Rooms
Minimum Square Footage
3 or fewer
1,500
4
1,600
5
1,800
(e) 
The maximum total number of dwelling units allowed in any such development shall be determined by multiplying the gross acreage of the site times 2.75, rounded off to the nearest higher whole number.
(f) 
The maximum number of dwelling units in a primary residential building shall be four.
(g) 
No building shall exceed 160 feet in length.
(h) 
The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between a principal and accessory building shall be 20 feet.
(i) 
Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet, and its depth shall not exceed its width.
(j) 
There shall be provided on the same lot suitably enclosed, equipped and landscaped children's play lots subject to the approval of the Commissioner of Public Works and in accordance with the needs of the development.
(k) 
The Planning Board shall not approve a proposed use under this section without input from an architectural review committee established by the Planning Board and without assurances that the proposed uses and buildings are in harmony with and enhance the character of the particular area.
(l) 
To assure an attractive residential environment, the Planning Board shall ensure that all unutilized lands, parking areas and service yards are reasonably screened, at all seasons of the year, from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally in the neighborhood. Existing trees over 12 inches in diameter, measured four feet above the ground, should, to the maximum extent possible, be preserved.
D. 
Required lot area.
(1) 
The minimum required lot size for a single-family house shall be one acre, with an exception for existing lots within such area presently less than one acre.
(2) 
The minimum required lot size for a multiple-dwelling use under this section shall be five acres.
E. 
Required yards. The overall site shall have minimum required yards as follows: front yard of 50 feet, one side yard of 25 feet, both side yards of 60 feet and a rear yard of 50 feet.
F. 
Lot width. The overall site shall have a minimum lot width of 200 feet, except for those lots which presently exist and which have a lot width of less than 200 feet, and in such cases, the site shall be used only for a single-family residence.
G. 
Lot coverage. The maximum overall lot coverage shall be 20%.
H. 
Building height. The maximum permitted building height shall be 35 feet.
A. 
Permitted uses.
(1) 
One-family dwellings (subject to R-1 requirements).
B. 
Accessory uses.
(1) 
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2) 
Private garage or other off-street parking areas.
(3) 
Garden house, toolshed, or wading or swimming pool not operated for gain, provided that pools with an area in excess of 200 square feet shall be located at least 10 feet from any lot line.
(4) 
Fences, in accordance with the provisions of § 475-38.
(5) 
Radio and television antennas under 15 feet in height, but not if used for commercial gain.
C. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board (all in accordance with SR-3B requirements).
(1) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(2) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(3) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4) 
Adult care facilities, hospitals, sanitariums, rest homes, philanthropic and charitable institutions or similar uses, provided that no part of the buildings or structures for such uses shall be permitted within 50 feet of any street or lot line.
(5) 
Multiple dwellings consisting of a building or buildings containing three or more rental apartment units, but excluding townhouses, duplexes, fourplexes, and row houses (whether in fee simple or condominium ownership), provided that:
(a) 
Buildings shall not exceed 160 feet in length and shall be provided with at least an offset of five feet at a maximum of every 40 feet of length which shall also include a roofline offset.
(b) 
The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between a principal and accessory building shall be 20 feet.
(c) 
Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet and its depth shall not exceed its width.
(d) 
There shall be provided on the same lot suitably enclosed, equipped and landscaped children's play lots subject to approval of the Commissioner of Public Works and in accordance with the area requirements shown in the bulk and parking regulations, located at the end of this chapter.[1]
[1]
Editor's Note: See Table 4 at the end of this chapter.
(e) 
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(f) 
The entire property, especially off-street parking areas and service yards, shall be suitably landscaped to assure an attractive environment within the site.
(g) 
The design must conform to the requirements set forth in the bulk and parking regulations, located at the end of this chapter.
(h) 
There shall be no parking areas located in required yards.
(6) 
Row or attached housing consisting of a series of attached one-family dwelling units, each located on its own individual lot owned in fee simple, or one-family dwelling units in condominium ownership, including townhouses, duplexes and fourplexes, provided that:
(a) 
The maximum number of dwelling units in a group of row dwellings shall be seven.
(b) 
Buildings shall not exceed 160 feet in length and shall be provided with an offset of at least five feet at a maximum of every 44 feet of length which shall also include a roofline offset.
(c) 
The minimum distance between facing elevations of principal buildings shall be equal to twice the height of the highest building and between a principal and accessory building shall be 20 feet.
(d) 
Any inner court shall have a minimum dimension of 60 feet; any outer court shall have a minimum dimension of 20 feet and its depth shall not exceed its width.
(e) 
There shall be provided on the same lot suitably enclosed, equipped and landscaped children's play lots subject to Commissioner of Public Works approval and in accordance with the area requirements shown in the bulk and parking regulations, located at the end of this chapter.[2]
[2]
Editor's Note: See Table 4 at the end of this chapter.
(f) 
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(g) 
The entire property, especially off-street parking areas and service yards, shall be suitably landscaped to assure an attractive environment within the site.
(h) 
The design must conform to the requirements set forth in the bulk and parking regulations, located at the end of this chapter.
D. 
The maximum density for SR-3B Districts will be four units per acre, unless increased by bonus density, as set forth below.
(1) 
Bonus density will be regulated by the Planning Board. The Planning Board may increase the density from four to 25 dwelling units per acre for projects in bonus density districts which demonstrate need, appropriate compatibility with the neighborhood, proper planning and the provision of community benefits and amenities which are deemed important and necessary by the Planning Board. Senior citizen housing projects, particularly projects which make it affordable for seniors aged 62 and over (or such other age as superseding federal or state law may deem to mean "senior citizens") to reside therein, shall be given highest priority, since the need for senior citizen housing in the Middletown area is great, as outlined in the Master Plan for the City of Middletown. Further criteria considered in evaluating special use permit applications and site plan applications for such projects would include private roads, private streetlighting, private solid waste disposal, on-site recreation for residents, the availability of recreation for other members of the general public, minimalization of the real property and school tax burden imposed on other residents of the City of Middletown, parks and other similar factors, community benefits and amenities, all in the sole and absolute discretion of the Planning Board.
(2) 
The purpose of the bonus density enhancement in this district is to advance the City of Middletown's physical, cultural and social policies as outlined in the Master Plan of the City of Middletown. The provision of adequate and attractive housing, particularly affordable housing for senior citizens aged 62 and over (or such other age as superseding federal or state law may deem to mean "senior citizens"), is an important goal outlined in the City's Master Plan, and those projects which meet the above criteria of providing such housing with private, not public, resources shall advance those goals while not adding additional strain to the public works facilities or the existing taxpayers of the City of Middletown.
(3) 
It is the judgment of the Common Council of the City of Middletown that those areas of the City to which this zoning district shall be applied have adequate resources, such as adequate fire protection and accessibility to water and sewage disposal resources, to handle any increase in density as may be allowed hereunder. Furthermore, the Common Council has determined that there is an approximate equivalence between potential affordable housing which has been lost due to the strictures of this zoning district when compared to the potential affordable housing, particularly affordable senior citizen housing, which can be gained through the award of bonus density in accordance with this Subsection D.
(4) 
Applicants for bonus density, in addition to complying with any other requirements for special use permits and site plan approval imposed or required by this chapter or any other law, must pay the cost of preparing any generic environmental impact statement or other environmental impact statement required in connection with the application for bonus density and in connection with any environmental reviews and site-specific charges required by New York law.
A. 
Permitted and accessory uses. None.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board (all in accordance with C-1 requirements, except as otherwise noted).
(1) 
One-family dwellings (subject to R-1 requirements). This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment.
[Amended 5-12-2003]
(2) 
Municipal buildings or uses (subject to requirements in C-1 Zone).
(3) 
Retail stores, provided that:
[Amended 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises.
(4) 
Places of worship, including related parish houses, seminaries, convents, cemeteries, offices, meeting rooms, dormitories and other accessory uses related thereto.
(5) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(6) 
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(7) 
Membership clubs (except such clubs where the chief activity or primary purpose is a service customarily carried on as a business or primarily for gain). In conjunction with the use as a club allowed under this subsection, a dining room may be operated provided it is incidental to the activities of said club and is conducted for the personal use of members and guests only, and further provided no sign is displayed advertising such activity.
(8) 
Hospitals, sanitariums, rest homes, philanthropic and charitable institutions or similar uses, provided no part of the buildings or structures for such use shall be permitted within 50 feet of any street or lot line.
(9) 
Personal service store such as a barbershop, beauty shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning on the premises).
(10) 
Service establishments for service other than of a personal nature, such as a car wash.
(11) 
Convenience stores.
(12) 
Eating and drinking places, but not places of assembly such as a theater, dance hall or similar uses and purposes.
(12.1) 
Eating and drinking places with a beer and wine license, but not places of assembly such as a theater, dance hall or similar uses and purposes.
[Added 11-20-2012]
(12.2) 
Eating and drinking places with a full liquor license, but not places of assembly such as a theater, dance hall or similar uses and purposes.
[Added 11-20-2012]
(13) 
Bakery whose primary business is retail on the premises, but which may also sell and deliver its products wholesale to stores, hotels, restaurants or similar businesses.
(14) 
Offices for the following:
(a) 
Accountants.
(b) 
Architects.
(c) 
Bonding and/or loan companies.
(d) 
Engineers and/or surveyors.
(e) 
Insurance.
(f) 
Lawyers.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(k) 
Funeral homes and undertaking establishments.
(15) 
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9), and provided that the first floor (street level) must be a commercial use as provided in this section. This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment, except that the first-floor commercial use is required unless waived by the Common Council in its sole discretion.
[Amended 5-12-2003; 2-4-2020]
(16) 
Two-family dwellings [subject to requirements in the R-2 Zone, and provided that the first floor (street level) must be a commercial use as provided in this section].
[Added 5-12-2003; amended 7-10-2006; 2-4-2020]
C. 
Building height limit. No structure or building shall exceed two stories.
D. 
Required lot area. There shall be a minimum lot area of 7,500 square feet.
E. 
Required lot width. There shall be a minimum lot width of 75 feet.
F. 
Yards required.
(1) 
Each lot shall have front, side and rear yards with depths and widths of not less than the following:
(a) 
Front yard depth: 25 feet.
(b) 
Each side yard width: five feet.
(c) 
Rear yard depth: 20 feet.
(d) 
Front yard width: 75 feet.
(2) 
Corner lot. On every corner lot, there shall be provided on the side street a yard equal in depth to the required front yard depth on said side street.
(3) 
No accessory building or structure shall be within five feet of any property line.
[Amended 4-16-2013]
A. 
Permitted and accessory uses. None.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
One-family dwellings (subject to requirements in R-1 Zone). This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment.
[Amended 5-12-2003]
(2) 
Municipal buildings or uses (subject to requirements in C-1A Zone).
(3) 
Personal service store such as barbershop, beauty shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning on the premises).
(4) 
Bakery whose primary business is retail on the premises but which may also sell and deliver its products wholesale to stores, hotels, restaurants or similar businesses.
(5) 
Offices for the following:
(a) 
Accountants.
(b) 
Architects.
(c) 
Bonding and/or loan companies.
(d) 
Engineers and/or surveyors.
(e) 
Insurance.
(f) 
Lawyers.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(6) 
Retail stores, provided that:
[Added 2-7-2012; amended 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises.
C. 
Building height limit. No structure or building shall exceed two stories.
D. 
Required lot area. There shall be a minimum lot area of 7,500 square feet.
E. 
Required lot width. There shall be a minimum lot width of 75 feet.
F. 
Yards required.
(1) 
Each lot shall have front, side and rear yards with depths and widths of not less than the following:
(a) 
Front yard depth: 25 feet.
(b) 
Each side yard width: five feet.
(c) 
Rear yard depth: 20 feet.
(d) 
Front yard width: 75 feet.
(2) 
Corner lot. On every corner lot, there shall be provided on the side street a yard equal in depth to the required front yard depth on said side street.
(3) 
No accessory building or structure shall be within five feet of any property line.
[Amended 4-16-2013]
A. 
Permitted and accessory uses. None.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
One-family dwellings (subject to requirements in R-1 Zone). This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment.
[Amended 5-12-2003]
(2) 
Municipal buildings or uses and public or private schools.
(3) 
Retail stores, provided that:
[Amended 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises.
(4) 
Personal service store such as barbershop, beauty shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning on the premises).
(5) 
Service establishments for service other than of a personal nature, such as a car wash, but excluding self-storage facilities.
[Amended 6-13-2005]
(6) 
Telephone and similar communication facilities stores or offices.
(7) 
Rental agencies.
(8) 
Gasoline or filling stations and convenience stores.
(9) 
Eating and drinking places, but not places of assembly such as a theater, dance hall or similar uses and purposes.
(9.1) 
Eating and drinking places with a beer and wine license, but not places of assembly such as a theater, dance hall or similar uses and purposes.
[Added 11-20-2012]
(9.2) 
Eating and drinking places with a full liquor license, but not places of assembly such as a theater, dance hall or similar uses and purposes.
[Added 11-20-2012]
(10) 
Bakery whose primary business is retail on the premises but which may also sell and deliver its products wholesale to stores, hotels, restaurants or similar businesses.
(11) 
Offices for the following:
(a) 
Accountant.
(b) 
Architect.
(c) 
Bond and loan companies.
(d) 
Engineers and surveyors.
(e) 
Insurance.
(f) 
Lawyer.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and offices for philanthropic and charitable institutions and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(k) 
Funeral homes and undertaking establishments.
(l) 
Off-site commercial cleaning services, but only in that C-2 Zoning District bounded by Sprague Avenue, Sterling Street, Academy Avenue, and Genung Street, and further provided that:
[Added 12-6-2022]
[1] 
All services must be provided off site; and
[2] 
All large equipment must be stored inside a structure as per the direction of the Planning Board.
(12) 
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9), and provided that the first floor (street level) must be a commercial use as provided in this section. This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment, except that the first-floor commercial use is required unless waived by the Common Council in its sole discretion.
[Amended 5-12-2003; 2-4-2020]
(13) 
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(14) 
Public garages and motor vehicle sales.
(15) 
Banks.
(16) 
Two-family dwellings [subject to requirements in the R-2 Zone, and provided that the first floor (street level) must be a commercial use as provided in this section].
[Added 3-10-2003; amended 5-12-2003; 7-10-2006; 2-4-2020]
(17) 
Auction houses, but only in the C-2 Limited Business District bisected by Dolson Avenue in the southern portion of the City and in the C-2 Limited Business District bisected by East Main Street in the eastern portion of the City.
[Added 2-10-2004]
(18) 
Hotels and motels.
[Added 7-10-2006]
(19) 
Light manufacturing, such as plastic assembly (but not molding or 3D printing) and the assembly of premade materials into another product. (The Planning Board retains the discretion to determine whether the particular proposed use constitutes light manufacturing or not.)
[Added 10-17-2017]
(20) 
Artisan manufacturing of goods, such as jewelry or ceramics, which are produced using hand tools only.
[Added 10-17-2017]
C. 
Building height limit. No structure or building shall exceed two stories.
D. 
Required lot area. There shall be a minimum lot area of 7,500 square feet.
E. 
Required lot width. There shall be a minimum lot width of 75 feet.
F. 
Yards required.
(1) 
Each lot shall have front, side and rear yards with depths and widths of not less than the following:
(a) 
Front yard depth: 25 feet.
(b) 
Each side yard width: five feet.
(c) 
Rear yard depth: 20 feet.
(d) 
Front yard width: 75 feet.
(2) 
Corner lot. On every corner lot, there shall be provided on the side street a yard equal in depth to the required front yard depth on said side street.
(3) 
No accessory building or structure shall be within five feet of any property line.
[Amended 4-16-2013]
A. 
Permitted uses.
(1) 
(Reserved)[1]
[1]
Editor's note: Former Subsection A(1), Retail stores, amended 5-17-2011, was repealed 7-19-2022.
(2) 
Telephone and similar communication facilities stores or offices.
(3) 
Banks.
(4) 
Municipal uses.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
Personal service store such as barbershop, beauty shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning on the premises).
(2) 
Service establishments for service other than of a personal nature, such as a car wash, but excluding self-storage facilities, except in the C-3 Zoning District along Wickham Avenue in the northeastern portion of the City.
[Amended 6-13-2005; 8-20-2019]
(3) 
Rental agencies.
(4) 
Printing shops.
(5) 
Funeral homes and undertaking establishments.
(6) 
Billiard parlors and bowling alleys.
(7) 
Gasoline or filling stations and convenience stores.
(8) 
Eating and drinking places.
(8.1) 
Eating and drinking places with a beer and wine license.
[Added 11-20-2012]
(8.2) 
Eating and drinking places with a full liquor license.
[Added 11-20-2012]
(9) 
Places of assembly such as a theater, dance hall, auditorium or stadium, or similar uses and purposes, including membership clubs where the chief activity or primary purpose is a service customarily carried on as a business or primarily for gain.
(10) 
Bakery whose primary business is retail on the premises but which may also sell and deliver its products wholesale to stores, hotels, restaurants or similar businesses.
(11) 
Bus terminals and taxi stands.
(12) 
Light manufacturing, such as plastic assembly, but not molding, and the assembly of pre-made materials into another product. (The Planning Board retains the discretion to determine whether the particular proposed use constitutes light manufacturing or not.)
(13) 
One-family dwellings (subject to requirements in R-1 Zone). This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment.
[Amended 5-12-2003]
(14) 
Offices for the following:
(a) 
Accountant.
(b) 
Architect.
(c) 
Bond and loan companies
(d) 
Engineers and surveyors.
(e) 
Insurance.
(f) 
Lawyer.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(15) 
Adult care facility, hospitals, sanitariums, rest homes, philanthropic and charitable institutions or similar uses, provided that no part of the building or structures for such use shall be permitted within 50 feet of any street or lot line, and further provided that such uses shall not be permitted in the downtown or central business district C-3 General Business District.
[Amended 4-23-2007]
(16) 
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9), and provided that the first floor (street level) must be a commercial use as provided in this section. This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment, except that the first-floor commercial use is required unless waived by the Common Council in its sole discretion.
[Amended 5-12-2003; 2-4-2020]
(17) 
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(18) 
Public garages and motor vehicle sales.
(19) 
Dry-cleaning service which includes dry cleaning on the premises, provided that no flammable cleaning agents are used.
(20) 
Two-family dwellings [subject to requirements in the R-2 Zone, and provided that the first floor (street level) must be a commercial use as provided in this section].
[Added 3-10-2003; amended 5-12-2003; 7-10-2006; 2-4-2020]
(21) 
Educational facilities for adults.
[Added 11-24-2003]
(22) 
Hotel, motel and/or conference center. Minimum lot area required is 40,000 square feet. Parking is subject to § 475-33A(5) of this chapter.[2]
[Added 6-14-2004]
[2]
Editor's Note: Former Subsection B(23), which immediately followed this subsection and provided for schools in the C-3 General Business District, added 6-13-2005, was repealed 4-23-2007. Former Subsection B(24), Hotels and motels, added 7-10-2006, was deleted at the request of the City as being covered by Subsection B(22).
(23) 
Retail stores, provided that:
[Added 5-17-2011; amended 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises.
(24) 
Rectifying of spirits and wines, bottling of beverages, distillery operations and onsite tasting rooms, sales and tours.
[Added 12-20-2011]
(25) 
Child day-care facility
[Added 6-21-2016]
(a) 
Child day-care facility, provided that such facility:
[1] 
Is licensed by the State of New York;
[2] 
Contains at least 3,000 square feet of usable floor space;
[3] 
Provides an outside play area of at least 600 square feet; and
[4] 
Provides an off-street drop-off area for such children to avoid impacting street traffic in the area.
(b) 
The Planning Board, in granting special use permit and site plan approval, can require additional conditions as may be necessary or appropriate based on the presence of other existing or prospective business and residential uses in the area of the proposed child day-care facility.
C. 
Building height limit. No building or structure shall exceed six stories or 90 feet in height.
D. 
Required lot area. There shall be a minimum lot area of 7,500 square feet.
E. 
Required lot width. There shall be a minimum lot width of 75 feet.
F. 
Yards requiredl No side, front or rear yard shall be required, except self-storage facilities shall require an eighty-foot front yard setback from a public road, but such yard shall be required only in that portion of the premises abutting the self-storage use. No building shall extend less than 11 feet from the curbline except where the present sidewalks are narrower, under which circumstances the sidewalks shall conform to existing building lines.
[Amended 8-20-2019 by Res. No. 169-19]
[Added 7-3-2017]
A. 
Legislative intent.
(1) 
In 2016, the City of Middletown was chosen as one of 10 communities statewide to receive a grant of $10,000,000 under the New York State Downtown Revitalization Initiative, an effort to improve the vitality of urban centers across New York. Middletown was chosen as one of the 10 communities because its downtown was identified as being ripe for development into a vibrant area in which people could "live, work and play." As part of the DRI process, planners assisted the City's Local Planning Committee (established as a component part of the DRI) and the general public in identifying needs of the downtown area and developing key ingredients needed for successful downtown revitalization, including a vision for the downtown, goals and strategies to accomplish the vision, an action plan and a strategic investment plan that identified specific catalytic projects that align with the City's unique vision of its downtown area.
(2) 
Goals and projects.
(a) 
As a result of the planning process, the Local Planning Committee developed five goals projected to have the greatest benefit in revitalizing the downtown area and recommended projects to accomplish those goals. The five goals are:
[1] 
Make downtown a more attractive, walkable and functional place for residents, employees and visitors;
[2] 
Bring residents and workers to downtown Middletown through improved housing and employment opportunities and amenities;
[3] 
Support redevelopment of underutilized properties and the preservation and adaptive reuse of historic buildings with technical and financial resources;
[4] 
Support outreach and marketing efforts that promote downtown Middletown as a destination of choice for students, small business owners, shoppers, and young professionals; and
[5] 
Build connections to local institutions and regional and neighborhood resources to engage students, faculty and staff as a part of the downtown's success.
(b) 
The goals were included in a strategic investment plan ("SIP") submitted by the City to the state, and the state approved the City's SIP.
(3) 
As the SIP noted, the majority of the projects suggested in the SIP were capital improvement projects that would be selected as most appropriate for the achievement of the five goals. The state thereafter approved certain of the proposed capital improvement projects as an initial step in revitalizing the downtown. A non-capital improvement project included as part of the third goal in the SIP was the creation of a Downtown Mixed-Use zoning district encompassing the geographic boundaries of the City's Business Improvement District "to permit a wide range of uses appropriate for a central business district, facilitate a 24/7 mixed-use environment with residents as well as workers, and promote strong design elements that complement Middletown's historic downtown fabric," with the further stated purpose of removing potential barriers to redevelopment.
(4) 
The purpose of this enactment is to create a new Downtown Mixed-Use ("DMU") zoning district consistent with the recommendations contained in the SIP in order to assist the City in revitalizing the downtown area in a manner consistent with the goals and recommendations contained in the SIP.
B. 
The geographic boundaries of the DMU district are the same as the boundaries of the Downtown Middletown Business Improvement District as described in Chapter 203 of the Code of the City of Middletown. Specifically, the DMU district contains only the properties located on or abutting the following streets:
Fulton Street between Academy Avenue and Mill Street; Mill Street between Fulton Street and West Main Street; West Main Street between Franklin Square and Union Street; Union Street between West Main Street and Franklin Street; Franklin Street between Union Street and Linden Avenue; Linden Avenue between Franklin Street and Wickham Avenue; Wickham Avenue between Linden Avenue and Grove Street; Grove Street between Wickham Avenue and Railroad Avenue; Railroad Avenue between North Street and Montgomery Street; Montgomery Street between Railroad Avenue and East Main Street; East Main Street from Montgomery Street to Franklin Square; East Avenue from East Main Street to Fulton Street; South Street from Fulton Street to Franklin Square; Canal Street from Fulton Street to West Main Street; Mulberry Street from Fulton Street to West Main Street; North Street from Franklin Square to Wickham Avenue; Cottage Street between Roberts Street and Railroad Avenue; John Street from Linden Avenue to North Street; Courtland Street from Linden Avenue to North Street; Washington Street from South Street to East Avenue; and William Street, Orchard Street, Roberts Street, King Street, James Street, Depot Street, Center Street and Henry Street in their entirety.
C. 
Design and other standards applicable throughout the DMU district. The following design and other standards shall apply to all uses and all buildings and structures within the DMU district:
(1) 
All uses and all work performed on the exterior of buildings and structures within the DMU district, including all work on facades, all signage and all work on buildings or structures in existence as of and after the effective date of this § 475-21.1, must comply with the Design Review Guidelines (as the same may be amended from time to time) as described in § 166-4H of the Code of the City of Middletown and must comply in all respects with the requirements set forth in Chapter 166 (Architectural Review) of the Code of the City of Middletown, including approval by the Architectural Board of Review as set forth in the aforesaid Chapter 166 (as the same may be amended from time to time).
(2) 
The first floor (street level) of any building located in the DMU Zone must be a commercial use as allowed in this § 475-21.1 (as the same may be amended from time to time). Residential uses of the first floor of any building or structure located in the DMU District are prohibited, unless waived by the Planning Board in its sole discretion, subject to the following conditions and restrictions:
[Amended 8-4-2020; 10-19-2021]
(a) 
A waiver can only be granted if the size of the footprint of the building is 35,000 square feet or more; this minimum size requirement cannot be achieved by adding more physical space to a building; and
(b) 
A waiver can only be granted if all one-bedroom dwelling units in the building each consist of at least 750 square feet; and
(c) 
A waiver can only be granted if all two-bedroom dwelling units in the building each consist of at least 850 square feet; and
(d) 
The Planning Board can only grant a partial first-floor waiver; the waiver cannot create an entirely residential first floor; and
(e) 
Subsection C(2)(a) and (d), above, shall not apply to waiver requests for the conversion of an existing building which does not have street frontage because there is a structure between the subject building and the street; provided, however, that such a waiver must comply with the conditions set forth in Subsection C(2)(b) and (c), above.
(3) 
For any independent use allowed in this § 475-21.1 requiring less than 1,500 square feet of floor area, there will be no specific off-street parking requirements. For all other uses, off-street parking will be required as set forth in § 475-33 of the Code of the City of Middletown (as the same may be amended from time to time), unless the parking requirements are waived or modified by the Planning Board as set forth in § 475-33D and E.
(4) 
No billboards or murals will be allowed anywhere within the DMU district.
(5) 
No food trucks or temporary food purveyors will be allowed anywhere within the DMU district unless associated with a municipal or municipally sponsored event and specifically authorized by the Common Council of the City.
(6) 
Notwithstanding anything to the contrary contained in Subsection F(16) of this section or in any bulk table referenced therein, for any building in which the addition of new dwelling units shall result in such building containing more than eight dwelling units, each new one-bedroom dwelling unit must contain a livable floor area of at least 750 square feet, and each new two-bedroom dwelling unit must contain a livable floor area of at least 850 square feet.
[Added 10-20-2020]
D. 
Permitted uses.
(1) 
(Reserved)[1]
[1]
Former Subsection D(1), Retail stores, amended 4-19-2022, was repealed 7-19-2022.
(2) 
Telephone and similar communication facilities stores or offices.
(3) 
Banks and similar financial institutions.
(4) 
Municipal uses.
(5) 
One-family dwellings and two-family dwellings, second floor or higher floors only.
(6) 
Offices for the following, but provided the floor area of the office(s) (including incidental rooms such as restrooms and lunch rooms) does not exceed 1,500 square feet in total: accountants, architects, engineers, surveyors, insurance, lawyers, real estate, stock brokerage companies, or investment advisers.
E. 
Accessory uses.
(1) 
Bicycle racks, placed and constructed in accordance with Design Review Guidelines (as the same may be amended from time to time) as described in § 166-4H of the Code of the City of Middletown.
(2) 
Sidewalk and outdoor cafes for approved restaurants, eating and drinking establishments only, subject to the provisions of § 475-28 of the Code of the City of Middletown (as the same may be amended from time to time).
(3) 
Home occupations as follows: professional office of an author or composer; Internet-based business (with in-person customers limited to a single customer at a time); art teacher and/or music teacher (with instruction limited to a single pupil at a time); photographer and artist (with customers limited to a single customer at a time). Home occupations use does not include live performances and/or galleries. All residential use associated with a home occupation must be on the second floor or higher floors only in the building in which the home occupation is carried out.
F. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
Personal service store such as barbershop, beauty shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning on the premises).
(2) 
Funeral homes and undertaking establishments.
(3) 
Billiard parlors, bowling alleys and similar recreation facilities, and personal fitness centers such as health clubs.
(4) 
Off-street parking facilities (nonmunicipal).
(5) 
Eating and drinking places (non-drive-up window).
(6) 
Eating and drinking places with a beer and wine license (non-drive-up window), hours of operation limited to 12:00 midnight on weeknights and 2:00 a.m. on Friday and Saturday nights (Saturday and Sunday morning).
(7) 
Eating and drinking places with a full liquor license (non-drive-up window), hours of operation limited to 12:00 midnight on weeknights and 2:00 a.m. on Friday and Saturday nights (Saturday and Sunday morning).
(8) 
Theaters and similar places of assembly such as performing arts centers, conference centers, art galleries and antique centers.
(9) 
Bakery whose primary business is retail on the premises but which may also sell and deliver its products wholesale to stores, hotels, restaurants or similar businesses.
(10) 
Bus terminals and taxi stands.
(11) 
Light manufacturing, such as plastic assembly (but not molding or 3D printing) and the assembly of premade materials into another product. (The Planning Board retains the discretion to determine whether the particular proposed use constitutes light manufacturing or not.)
(12) 
Artisan manufacturing of goods, such as jewelry or ceramics, which are produced using hand tools only.
(13) 
Printing shop, provided the floor area of the printing shop does not exceed 2,000 square feet.
(14) 
Artist studios, including art classes.
(15) 
Offices for the following:
(a) 
Accountants, architects, engineers, surveyors, insurance, lawyers, real estate, stock brokerage companies, or investment advisers where the floor area of the office(s) (including incidental rooms such as restrooms and lunch rooms) exceeds 1,500 square feet in total.
(b) 
Medical/dental practitioners.
(c) 
Other business offices, or offices for nonprofit entities, and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(16) 
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9) of the Code of the City of Middletown (as the same may be amended from time to time), second floor or higher floors only.
(17) 
Educational facilities for adults.
(18) 
Hotel. For purposes of this § 475-21.1, "hotel" is defined as follows: a building offering short-term lodging of no more than 30 days to the general public, with all rooms offered on a per-night fee basis. Ingress and egress to and from all rooms are made through an inside lobby designed to receive guests of the hotel, supervised by a person in charge at all hours. Hotel rooms shall not be used as apartments or dwelling units for nontransient occupants, shall not constitute an individual's or family's primary residence, and shall not be construed to be a multiple dwelling. Hotel rooms shall not contain kitchen facilities and shall not be connected by interior doors. Each hotel room shall have its own bath/shower, toilet facility and sink. Each hotel must have an office for hotel management and is expected to have typical hotel amenities such as an exercise room, meeting rooms and conference rooms, and hotels may have a restaurant on the premises to serve hotel guests and/or members of the general public.
(19) 
Retail stores, provided that:
[Amended 4-19-2022; 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises.
(20) 
Rectifying of spirits and wines, bottling of beverages, distillery or brewery operations, including on-site tasting rooms, sales and tours.
(21) 
Wireless telecommunications services facilities, as permitted and regulated in § 475-43 of the Code of the City of Middletown (as the same may be amended from time to time).
(22) 
Student housing used in the operation of a university, college or high school authorized to confer degrees in New York by the New York Board of Regents and/or the New York State Education Department (subject to the requirements set forth in the bulk and parking regulations for the UR-3 district as set forth at the end of this Chapter 475, provided that the Planning Board in its sole discretion may waive any of such requirements), second floor or higher floors only.
(23) 
Child day-care facility, provided that such facility:
(a) 
Is licensed by the State of New York;
(b) 
Contains at least 3,000 square feet of usable floor space;
(c) 
Provides an outside play area of at least 600 square feet; and
(d) 
Provides an off-street dropoff area for such children to avoid impacting street traffic in the area.
(e) 
The Planning Board, in granting special use permit and site plan approval to a child day-care facility, can require additional conditions as may be necessary or appropriate based on the presence of other existing or prospective business and residential uses in the area of the proposed child day-care facility.
G. 
Building height limit. No building or structure shall exceed six stories or 90 feet in height.
H. 
Required lot area. There shall be a minimum lot area of 7,500 square feet.
I. 
Required lot width. There shall be a minimum lot width of 75 feet.
J. 
Yards required. No side, front or rear yard shall be required. No building shall extend less than 11 feet from the curbline except where the present sidewalks are narrower, under which circumstances the sidewalks shall conform to existing building lines.
K. 
Notwithstanding anything contained in this § 47-21A, any site plan or other approvals required to implement projects contained in the Strategic Investment Plan submitted by the City to the state, and approved by the state, in connection with the Downtown Revitalization Initiative will be reviewed and approved by the Common Council of the City of Middletown, not the Planning Board of the City of Middletown.
A. 
Permitted uses.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), Retail stores, amended 5-17-2011, was repealed 7-19-2022.
(2) 
Telephone and similar communication facilities stores or offices.
(3) 
Banks.
(4) 
Municipal uses.[2]
[2]
Editor's Note: Original § 123-13.1A(5), which immediately followed this subsection, added 6-9-2003, was deleted 7-10-2006.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
[Amended 5-12-2003; 6-13-2005; 7-10-2006; 5-17-2011; 11-20-2012; 9-1-2015; 6-7-2016]
(1) 
Convenience stores.
(2) 
Personal service store such as barbershop, beauty shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning on the premises).
(3) 
Restaurants and eating establishments, but excluding bars and nightclubs.
(4) 
Restaurants and eating establishments with a beer and wine license, but excluding bars and nightclubs.
(5) 
Restaurants and eating establishments with a full liquor license, but excluding bars and nightclubs.
(6) 
Bakery whose primary business is retail on the premises but which may also sell and deliver its products wholesale to stores, hotels, restaurants or similar businesses.
(7) 
Bus terminals and taxi stands.
(8) 
Health club or fitness facility which may include such facilities as weight-lifting equipment; indoor running tracks; swimming pools; tennis, squash or racquetball courts; exercise machines, such as treadmills and rowers; skating, roller or boxer rinks; and accessory facilities such as saunas, showers and locker rooms, but excluding any facility involving the use or discharge of firearms.
(9) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds, security offices and quarters, and other accessory uses required for operation.
(10) 
Offices for the following:
(a) 
Accountant.
(b) 
Architect.
(c) 
Bond and loan companies.
(d) 
Engineers and surveyors.
(e) 
Insurance.
(f) 
Lawyer.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and offices for philanthropic and charitable institutions and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(11) 
Student housing used in the operation of a university or college authorized to confer degrees in New York by the New York Board of Regents and/or the New York State Education Department (subject to the requirements set forth in the bulk and parking regulations for the UR-3 District located at the end of this chapter, provided that the Planning Board in its discretion may waive any of such requirements).
(12) 
Places of assembly such as a theater, dance hall, auditorium, stadium, or similar uses and purposes.
(13) 
Retail stores, provided that:
[Added 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises; and
C. 
Building height limit. No building or structure shall exceed six stories or 90 feet in height.
D. 
Required lot area. There shall be a minimum lot area of 7,500 square feet, except that for the uses specified in Subsection B(7), (12) and (13) of this section the minimum lot area shall be 15,000 square feet.
[Amended 7-10-2006]
E. 
Required lot width. There shall be a minimum lot width of 75 feet, except that for the uses specified in Subsection B(7), (12) and (13) of this section the minimum lot width shall be 150 feet.
[Amended 7-10-2006]
F. 
Yards required. No side, front or rear yard shall be required. No building shall extend less than 11 feet from the curbline except where the present sidewalks are narrower, under which circumstances the sidewalks shall conform to existing building lines.[3]
[3]
Editor's Note: Original § 123-13.1G, which immediately followed this subsection and was added 6-9-2003, was deleted 7-10-2006.
A. 
Permitted and accessory uses. None.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
The manufacture and maintenance of electric and neon signs, billboards, commercial advertising structures and light sheet-metal products.
(2) 
The manufacture and maintenance of electrical and electronic equipment, instruments or appliances.
(3) 
Automobile painting, rebuilding or reconditioning (automobile body shops), tire retreading or recapping and battery manufacturing.
(4) 
Blacksmith shop or machine shop and steel-fabricating shops.
(5) 
Distribution plant for retail goods, ice and cold storage plant, or bottling plant.
(6) 
Commercial laundry and general cleaning services, including carpet and rug cleaning.
(7) 
Wholesale business, storage buildings and warehouses, but excluding self-storage facilities.
[Amended 6-13-2005]
(8) 
The manufacturing of plastic and plastic products or manufacturing of similar nonferrous products.
(9) 
Veterinary offices or dog or cat hospitals and kennels.
(10) 
Photoengraving, lithographers or similar uses requiring offset press.
(11) 
Building material sales yard, including the sale of rock, sand, gravel and similar materials as an incidental part of the main business, but excluding concrete mixing.
(12) 
Contractor equipment storage yard or plant and retail sales of equipment commonly used by contractors.
(13) 
Freighting or trucking yard or terminal.
(14) 
Lumberyard and retail sales of lumber materials, including incidental millwork.
(15) 
Plumbing or sheet-metal shop.
(16) 
Small boat building, storage and retail sales.
(17) 
Stone monument works employing not more than five persons.
(18) 
Manufacturing, compounding, processing, packaging or treatment of such products as toiletries, cosmetics, perfumes, and flavorings, including the intermediate ingredients or materials required to produce these items.
(19) 
Printing plants.
(20) 
Public garages.
(21) 
Bus terminals and taxi stands.
(22) 
Feed and fuel yards, including the storage of petroleum products.
(23) 
Offices for the following:
(a) 
Accountant.
(b) 
Architect.
(c) 
Bond and loan companies.
(d) 
Engineers and surveyors.
(e) 
Insurance.
(f) 
Lawyer.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and offices for philanthropic and charitable institutions and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(24) 
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(25) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation, but only in the I-1 Light Industrial District bounded on the west by Wickham Avenue, bounded on the south by Monhagen Avenue, and bounded on the east by Wawayanda Avenue and Mulberry Street.
[Added 6-13-2005]
(26) 
Motor vehicle sales.
[Added 9-14-2009]
(27) 
Retail stores, provided that:
[Added 5-3-2011; amended 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises.
(28) 
Health club or fitness facility or amusement center, which may include such facilities as weight-lifting equipment, indoor running tracks, swimming pools, tennis, squash or racquetball courts, exercise machines, such as treadmills and rowers, skating, roller or boxing rinks, children’s rides and amusements, and accessory facilities such as saunas, showers and locker rooms, but excluding any facility involving the use or discharge of firearms, but only in the following parcels:
[Added 4-17-2012]
SBL
Number
Street Name
26-17-2
6
School Street
26-17-4
49
Montgomery Street
26-17-5
47
Montgomery Street
26-17-6
45
Montgomery Street
26-17-7.2
32-48
Cottage Street
26-17-8
39-47
Railroad Avenue
26-2-19.1
49 1/2
Cottage Street & Rear
26-2-20
49
Cottage Street
26-2-21
47-47 1/2
Cottage Street
26-2-22
45
Cottage Street
26-2-23
41-43
Cottage Street
26-2-28.2
33-35
Railroad Avenue
31-3-1
22-26
Montgomery Street
31-3-13
12
Montgomery Street
31-3-14
12 1/2
Montgomery Street
31-3-15
14-16
Montgomery Street
31-3-16
18-20
Montgomery Street
31-3-11
10
Montgomery Street
31-3-12
10 1/2
Montgomery Street
31-2-20.11
50-60
Railroad Avenue
(29) 
Light manufacturing of dairy foods, provided that such manufacturing is fueled by only oil, gas or electricity.
[Added 5-21-2019]
(30) 
Bakery whose primary business is retail on the premises but which may also sell and deliver its products wholesale to stores, hotels, restaurants or similar businesses.
[Added 3-16-2021]
(31) 
Bottle redemption centers which are defined as commercial establishments that accept empty beverage containers for redemption from the public and pay the refund value. Bottle redemption centers shall be open to any person offering to pay the refund value of an empty beverage container or to any person who contracts with one or more dealers or distributors to collect, sort and obtain the refund value and handling fee of empty beverage containers for, or on behalf of, such dealer or distributor. Approval of such centers must be conditioned upon:
[Added 9-21-2021]
(a) 
The applicant must obtain registration for such center with New York State pursuant to 6 NYCRR Part 367;
(b) 
The center must post a "redemption warning" sign, pursuant to Environmental Conservation Law § 27-1015(4), which states that there is a penalty for returning containers on which a deposit was never paid in New York State. The sign must be at least eight inches by 10 inches, with print at least one inch in size; and
(c) 
The center shall not, pursuant to Environmental Conservation Law § 27-1007(10), knowingly redeem an empty beverage container on which a deposit was never paid in New York State.
C. 
Building height limit. No structure or building shall exceed two stories or 35 feet high.
D. 
Required lot area. There shall be a minimum lot area of 15,000 square feet.
E. 
Required lot width. There shall be a minimum lot width of 100 feet.
F. 
Front yard. There shall be a front yard of not less than 20 feet.
G. 
Rear yard. There shall be a rear yard of not less than 10 feet.
[Added 7-10-2006]
A. 
Permitted uses.
(1) 
Telephone and similar communication facilities stores or offices.
(2) 
Municipal buildings or uses.
(3) 
Banks.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
Retail stores and convenience stores without gasoline filling stations, provided that:
[Amended 7-19-2022]
(a) 
All goods prepared on the premises are sold at retail; and
(b) 
No goods sold may be consumed on the premises.
(2) 
Personal service store such as barbershop, beauty shop, shoe repair, tailor or dry-cleaning service.
(3) 
Service establishments for service other than of a personal nature, such as a car wash, but excluding self-storage facilities.
(4) 
Restaurants and eating establishments, but excluding bars and nightclubs.
(4.1) 
Restaurants and eating establishments with a beer and wine license, but excluding bars and nightclubs.
[Added 11-20-2012]
(4.2) 
Restaurants and eating establishments with a full liquor license, but excluding bars and nightclubs.
[Added 11-20-2012]
(5) 
Bakery.
(6) 
Bus terminals and taxi stands.
(7) 
Places of assembly such as a theater, dance hall, auditorium, stadium, or similar uses and purposes.
(8) 
Public or private schools, elementary and high schools, colleges and universities, including playgrounds and other accessory uses required for operation.
(9) 
Offices for the following:
(a) 
Accountant.
(b) 
Architect.
(c) 
Bond and loan companies.
(d) 
Engineers and surveyors.
(e) 
Insurance.
(f) 
Lawyer.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and offices for philanthropic and charitable institutions and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(10) 
Wholesale business establishments, storage buildings and warehouses, but excluding self-storage facilities.
(11) 
Lumber, building, landscaping and farm supply yards.
(12) 
Research, experimental and laboratory testing.
(13) 
Health club or fitness facility which may include such facilities as weight-lifting equipment, indoor running tracks, swimming pools, tennis, squash or racquetball courts, exercise machines, such as treadmills and rowers, skating, roller or boxing rinks, and accessory facilities such as saunas, showers and locker rooms, but excluding any facility involving the use or discharge of firearms.
(14) 
Manufacturing of foods, toiletries, cosmetics, plastic and plastic products, wood products or similar nonferrous products, provided that such manufacturing is fueled by only oil, gas or electricity.
(15) 
Commercial laundry and general cleaning services, including carpet and rug cleaning.
(16) 
Photoengraving, lithographers or similar uses requiring offset press.
(17) 
Small boat building, storage and retail sales.
(18) 
Hotels and motels.
C. 
Building height limit. No building or structure shall exceed six stories or 90 feet in height.
D. 
Required lot area. There shall be a minimum lot area of 7,500 square feet, except that for the uses specified in Subsection B(7), (8), (11), (13), (14), (17) and (18) of this section the minimum lot area shall be 15,000 square feet.
E. 
Required lot width. There shall be a minimum lot width of 75 feet, except that for the uses specified in Subsection B(7), (8), (11), (13), (14), (17) and (18) of this section the minimum lot width shall be 150 feet.
F. 
Front yard. There shall be a front yard of not less than 20 feet.
G. 
Rear yard. There shall be a rear yard of not less than 10 feet.
A. 
Permitted and accessory uses. None.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
The manufacture and maintenance of electric and neon signs, billboards, commercial advertising structures and light sheet-metal products.
(2) 
The manufacture and maintenance of electrical and electronic equipment, instruments or appliances.
(3) 
Automobile painting, rebuilding or reconditioning (automobile body shops), tire retreading or recapping and battery manufacturing.
(4) 
Blacksmith shop or machine shop and steel-fabricating shops.
(5) 
Distribution plant for retail goods, ice and cold storage plant, or bottling plant.
(6) 
Commercial laundry and general cleaning services, including carpet and rug cleaning.
(7) 
Wholesale business, storage buildings and warehouses, but excluding self-storage facilities, except in that area south and east of the Middletown New Jersey railroad line in the I-2 Zoning District bisected by Dolson Avenue in the southern portion of the City.
[Amended 6-13-2005]
(8) 
The manufacturing of plastic and plastic products or manufacturing of similar nonferrous products.
(9) 
Veterinary offices or dog or cat hospitals and kennels.
(10) 
Photoengraving, lithographers or similar uses requiring offset press.
(11) 
Building material sales yard, including the sale of rock, sand, gravel and similar materials as an incidental part of the main business, but excluding concrete mixing.
(12) 
Contractor equipment storage yard or plant and retail sales of equipment commonly used by contractors.
(13) 
Freighting or trucking yard or terminal.
(14) 
Lumberyard and retail sales of lumber materials, including incidental millwork.
(15) 
Plumbing or sheet-metal shop.
(16) 
Small boat building, storage and retail sales.
(17) 
Stone monument works.
(18) 
Manufacturing, compounding, processing, packaging or treatment of such products as toiletries, cosmetics, perfumes, and flavorings, including the intermediate ingredients or materials required to produce these items.
(19) 
The manufacture, compounding, processing, packaging or treatment of such products as candy, pharmaceuticals and food, including meat (but excluding fish products), sauerkraut, vinegar, yeast and the rendering of fats and oils, and large-scale bleaching and dyeing establishments.
(20) 
The manufacture of carbonic ice, including its processing and distribution.
(21) 
Any manufacturing use involving primary production from raw materials, or any use involving the conversion or recycling of materials into other usable products.
(22) 
Railroad yards and freight stations.
(23) 
Printing plants.
(24) 
Public garages.
(25) 
Bus terminals and taxi stands.
(26) 
Feed and fuel yards, including the storage of petroleum products.
(27) 
Offices for the following:
(a) 
Accountant.
(b) 
Architect.
(c) 
Bond and loan companies.
(d) 
Engineers and surveyors.
(e) 
Insurance.
(f) 
Lawyer.
(g) 
Medical/dental practitioners.
(h) 
Real estate.
(i) 
Stock brokerage companies.
(j) 
Business offices and offices for philanthropic and charitable institutions and necessary business activities related thereto, such activities to be limited by the terms of the authorization granted.
(28) 
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(29) 
Movie and musical production facilities and similar uses, but excluding nightclubs, bars, theaters and other places of public assembly.
[Added 11-2-2015]
C. 
Uses prohibited. All uses of land, building and structures or industrial processes or junkyards that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, fumes, noise, vibration or similar substances or conditions, provided, however, that any uses may be permitted if approved by the Planning Board and subject to the securing of a permit therefor (including site plan approval), and to such conditions, restrictions and safeguards as may be deemed necessary by the Planning Board for the purpose of protecting the health, safety, morals or the general welfare of the citizens of the City of Middletown.
D. 
Building height limit. No structure or building shall exceed two stories or 35 feet in height.
E. 
Required lot area. There shall be a minimum lot area of 15,000 square feet.
F. 
Required lot width. There shall be a minimum lot width of 100 feet.
G. 
Front yard. There shall be a front yard of not less than 20 feet.
H. 
Rear yard. There shall be a rear yard of not less than 10 feet.
A. 
Permitted and accessory uses. None.
B. 
Uses requiring issuance of both a special use permit and site plan approval by the Planning Board.
(1) 
Industrial or manufacturing uses, as set forth in the regulations for the I-2 Heavy Industrial Districts.
(2) 
Adult uses, as defined herein.[1]
[1]
Editor's Note: See § 475-42.
(3) 
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(4) 
Railroad yards and freight stations.
(5) 
Trucking terminals.