In all districts, no building, structure or
lot shall be used in whole or in part for any of the following uses:
A.
Any trade, business, industry or process which is
noxious or offensive by reason of the production or emission of smoke,
noise, gas, odor, dust, refuse matter, vibration or excessive light
beyond the limits of its lot, so as to be dangerous or prejudicial
to the public health, safety or general welfare.
B.
Billboard.
C.
Dump, automobile wrecking yard or junkyard.
[Amended 6-3-1968]
D.
Explosives or gunpowder manufacture.
E.
House trailers or mobile homes used for residential
purposes.
[Amended 6-3-1968]
F.
Lighting facilities of any kind where the light source
is visible from outside the property lines, where glare is created
beyond the property lines or which create public hazards.
G.
Open-air retail sales establishments other than those
specifically permitted in the Table of Use Regulations.[1]
[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
H.
Rear dwelling.
I.
Outdoor carnival devices, such as sky rides, ferris
wheels, roller coasters, shooting galleries and amusement arcade machines,
except on a temporary permit issued by the municipality.
[Amended 7-6-1987 by L.L. No. 4-1987; 7-6-2021 by L.L. No. 3-2021]
A.
In all districts:
(1)
Accessory buildings, including garages, if detached
from a main building or if connected only by an open-breezeway-type
structure, shall be placed at least 10 feet from the main building.
(2)
A private garage may be constructed as a structural
part of a main building, provided that when so constructed, the garage
walls shall be regarded as the walls of the main building in applying
the front, rear and side yard regulations of this chapter.
(3)
Accessory buildings, including private garages, shall
not be placed within a required front yard, nor within a required
side yard.
(4)
An access driveway may be located within a required
yard.
(5)
Required accessory off-street parking area or truck
loading space shall not be encroached upon by buildings, open storage
or any other use.
(6)
The storage of manure or odor- or dust-producing substances
as accessory uses shall not be permitted within 50 feet of any side
or rear lot line or within 100 feet of any front lot line.
(7)
The following provisions shall apply to all forms
of animal husbandry, except for animals which are kept as household
pets:
(a)
All shelters provided for livestock, fowl or
furbearing animals shall be at least 100 feet from any property line,
except that an existing shelter may remain and be added to, provided
that the addition shall not encroach on a required yard.
(b)
The disposal of animal wastes shall be provided
for in such a manner as to prevent any nuisance or sanitary problems.
[Amended 6-3-1968]
In all districts except the B-2 and I-2 Districts,
the lot frontage at the street line shall not be less than 40 feet.
A.
Nothing herein contained shall restrict the height
of the following:
B.
No building or structure erected pursuant to Subsection A to a height in excess of the height limit for the district in which it is situated shall:
(1)
Have a lot coverage in excess of 10% of the lot area.
(2)
Be used for residence or tenancy purposes.
(3)
Have any sign, nameplate display or advertising device
of any kind whatsoever inscribed upon or attached to such building
or structure, except a professional or announcement sign as defined
in the definition of "sign professional or announcement in § 122-2B."
[Amended 7-6-1987 by L.L. No. 4-1987]
A.
The following accessory structures may be located
in any required front or rear yard:
C.
Every part of a required yard shall be open to the
sky, unobstructed except for retaining walls and for accessory buildings
in a rear yard, and except for the ordinary projection of sills, belt
courses and for ornamental features projecting not to exceed six inches.
Cornices and eaves shall not project more than 18 inches.
D.
Open or lattice-enclosed fireproof fire escapes or
stairways, required by law, projecting into a yard not more than four
feet, and the ordinary projections of chimneys and pilasters shall
be permitted by the Building Inspector when placed so as not to obstruct
light and ventilation.
E.
Where a lot extends through from street to street,
the applicable front yard regulations shall apply on both street frontages.
F.
In all Residential Agriculture and Residence Districts,
where 25% of the block frontage within 200 feet of a proposed building
is already improved with buildings or 25% of the opposite block frontage
across the street, the front yard at the front of such proposed building
shall be required to exceed the minimum dimension stipulated in this
chapter for the district in which it is situated, in cases where the
average alignment of the two nearest buildings within such 200 feet
on the same side of the street if 25% improved, or otherwise on the
opposite side of the street, exceeds such minimum dimension. Such
front yard shall extend to such average alignment; provided, however,
that in no case shall such front yard be required to exceed by more
than 10 feet the minimum required front yard prescribed for the district
in which such proposed building is situated. The provisions of this
section shall not apply to the required side yard on the street side
of a building on a corner lot.
G.
Lots bordering streams.
[Added 7-6-2021 by L.L.
No. 3-2021]
(1)
No building permit shall be issued for the construction of any permitted
or accessory structure on any land with slopes over 20% and within
100 feet of the Wallkill River nor within 50 feet of the normal water
edge of any direct tributary branches thereof. Distances shall be
measured horizontally and shown on site plans. A bridge may be permitted
within this area with approval by the Planning Board.
(2)
There shall be no removal or deposition of natural ground cover or
soil on lands, in any district, with slopes over 20% and within 100
feet of the bank of the Wallkill River.
A.
In all districts, the least horizontal dimension of
an inner court at its lowest level shall be not less than the larger
of the following two dimensions:
B.
In all districts, the least width of an outer court
at its lowest level shall be not less than the largest of the following
three dimensions:
C.
In all districts, the horizontal depth of an outer
court shall not exceed 1 1/2 times its least width.
A.
In the layout of a development of garden apartments
or other multifamily houses on a lot or tract of land, a horizontal
distance of not less than 35 feet or 2/3 the height of the higher
building, whichever is the greater, shall be maintained between all
main buildings and between main buildings and major detached accessory
buildings or groups of accessory buildings, such as a garage compound,
having a ground coverage equal to that of a principal building.
On a corner lot in any Residential Agriculture
or any Residence District, within the triangular area determined as
provided in this section, no wall or fence or other structure shall
be erected to a height in excess of two feet; and no vehicle, object
or any other obstruction of a height in excess of two feet shall be
parked or placed; and no hedge, shrub or other growth shall be maintained
at a height in excess of two feet, except that trees whose branches
are trimmed away to a height of at least 10 feet above the curb level,
or pavement level where there is no curb, shall be permitted. Such
triangular area shall be determined by two points, one on each intersecting
pavement line, each of which points is 50 feet from the intersection
of such street lines.
A.
Statement of purpose. The requirements contained in
this section are designed to promote and protect the public health;
to prevent overcrowded living conditions; to guard against the development
of substandard neighborhoods; to conserve established property values;
and to contribute to the general welfare.
B.
Minimum schedule. Every dwelling or other building
devoted in whole or in part to a residential use, which is hereafter
erected or converted to accommodate additional families, shall provide
a minimum floor area per family on finished floors, as defined by
the NYS Building Code and in conformity with the following schedule
and with other provisions of this section. The minimums stipulated
herein shall be deemed to be exclusive of unenclosed porches, breezeways,
garage areas and basement and cellar rooms or areas.
[Amended 7-6-2021 by L.L. No. 3-2021]
C.
First floor area of a dwelling. The minimum first
floor enclosed area of a dwelling, exclusive of garage or other accessory
building, shall be 750 square feet and its least overall dimension
shall be 20 feet.
A.
Schedule of permitted fences and walls.
(1)
The following schedule of permitted fences and walls
shall apply according to the district in which the site is located
on the Zoning Map, whether such site be used for a permitted use or
for a special exception use, except where the Planning Board may require
additional conditions.
[Amended 6-3-1968]
(2)
Maximum fence or wall height shall be as follows (except where corner clearances are required in accordance with § 122-19):
[Amended 6-12-1972; 7-6-1987 by L.L. No. 4-1987]
|
District
|
Front Lot Line
(feet)
|
Side Lot Line Outside of Rear Yard
(feet)
|
Rear Yard Lot Lines
(feet)
|
Not in Any Minimum Required Yard
(feet)
|
|---|---|---|---|---|
|
RA-3
|
4
|
4
|
6
|
6
|
|
R-4
|
4
|
4
|
6
|
6
|
|
R-4A
|
4
|
4
|
6
|
6
|
|
R-5
|
4
|
6
|
6
|
6
|
|
R-6
|
4
|
6
|
6
|
6
|
|
RM-1
|
4
|
6
|
6
|
6
|
|
B-1
|
4
|
8
|
8
|
8
|
|
B-2
|
4
|
8
|
8
|
8
|
|
1-1
|
None
|
None
|
None
|
8
|
|
1-2
|
8
|
8
|
8
|
8
|
B.
Method of measuring the height of fences or walls. The height of a fence or wall shall be measured from the ground level at the base of the fence, except that where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall, and further excepting that any fence or wall on the uphill side of such a retaining wall may be at least four feet high, notwithstanding the provisions of the schedule contained in Subsection A.[1]
[1]
Editor's Note: Original Section 90-90-30,
Fence or Wall Setback, added 6-12-1972 was repealed 11-1-1977 by L.L.
No. 3-1977.
In order to assure orderly and compatible relationship
between Residential Agriculture and Residence Districts and business
or industrial districts along their common boundary lines, the following
requirements shall be met in the listed districts along such boundaries:
B.
Minimum required screening within required transitional
side and rear yards shall be a six-foot high stockade-type fence or
equal to be erected and maintained by the nonresidential property
owner along the side and rear property lines; provided, however, that
where the transitional yard area is 50 feet or more, such screening
may be a planting area six feet wide and eight feet high.
A private swimming pool shall not be located,
constructed or maintained on any lot or land area, except in conformity
with the following requirements:
A.
Such pool shall not be located in any required side
yard.
B.
The entire portion of the premises upon which such
pool is located shall be entirely enclosed with a good quality chain-link
wire or equally sturdy fence of not less than four feet in height.
As applied to aboveground pools, this requirement shall mean that
access to the pool at all points where the pool measures less than
four feet from the top side to the ground or base shall be controlled
by such fence or enclosure.
[Amended 8-4-1992 by L.L. No. 3-1992]
C.
Every gate or other opening in the fence enclosing
such pool shall be kept securely closed and locked at all times when
said pool is not in use.
D.
Such pool shall be not less than 10 feet from side
and rear lot lines, and on lots with a width of 50 feet or less the
pool shall be located midway between the side lot lines.
E.
If the water for such pool is supplied from a private
well, there shall be no cross connection with the public water supply
system.
F.
If the water for such pool is supplied from the public
water supply system, the inlet shall be above the overflow level of
said pool.
G.
Such pool shall be constructed, operated and maintained
in compliance with the applicable provisions of the New York State
Sanitary Code relating to public swimming pools.
H.
No permit shall be granted for the installation or
construction of said swimming pool unless the plans of said pool shall
meet the minimum construction requirements of the municipality, and
unless the municipal engineer or a licensed professional engineer
of New York State, has certified that the drainage of such pool is
adequate and will not interfere with the public water supply system,
with existing sanitary facilities or with the public streets.
I.
No loudspeaker or amplifying device shall be permitted
which can be heard beyond the bounds of the property or lot where
said pool is located.
J.
Underwater lighting shall only be installed in accordance
with the provisions of the Municipal Electrical Code for such lighting.
