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.
B. 
In Residential Agriculture and Residence Districts:
(1) 
Accessory off-street parking areas shall not be placed within a required front yard, nor within a required side yard.
C. 
In nonresidential districts:
(1) 
Accessory off-street parking areas may be placed within required front, side or rear yards.
[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:
(1) 
Agricultural accessory building such as barns and silos.
(2) 
Church spire, cupola, dome, belfry, clock tower or flagpole.
(3) 
Chimney flue, elevator or stair bulkhead, water tank, stage tower or scenery loft.
(4) 
Radio or television tower or transmission line or tower.
(5) 
Similar structures.
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:
(1) 
Awning or movable canopy not exceeding 10 feet in height.
(2) 
Open arbor or trellis.
(3) 
Retaining wall, fence or masonry wall, pursuant to § 122-21.
(4) 
Swimming pool pursuant to § 122-23.
(5) 
Unroofed steps, patio or terrace not higher than one foot above ground level.
B. 
The space in a required front yard shall be open and unobstructed except for structures provided for in Subsection A and the following:
(1) 
An unroofed balcony, projecting not more than eight feet into the yard.
(2) 
Other projections specifically authorized in Subsections C and D.
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:
(1) 
One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(2) 
Fifteen feet.
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:
(1) 
One-third of the maximum height above such lowest level of the building walls erected on the same lot and bounding such court.
(2) 
Two-thirds of the horizontal depth of such court.
(3) 
Fifteen feet.
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.
B. 
The above requirement of Subsection A need not exceed 35 feet when the top of one building is less than eight feet above the level of the first floor of the other building.
C. 
Minor accessory buildings shall meet the requirements of § 122-13.
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:
A. 
Minimum required transitional side and rear yards within nonresidential districts adjoining Residential Agriculture and Residence Districts shall be as follows:
[Amended 6-3-1968]
(1) 
In the B-1 and I-1 Districts: 50 feet.
(2) 
In the B-2 and I-2 Districts: 25 feet.
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.