A.
Purpose. All uses listed as subject to special use permit approval
and, if approved, also subject to additional standards are declared
to possess characteristics of such unique and distinct form that each
specific use shall be considered as an individual case, and they shall
conform but shall not be limited to the following general requirements,
as well as the pertinent specific requirements found in this article.
B.
Application for special use permit. Application for required special use permits shall be made to the Planning Board. The Planning Board, after public hearing with the same notice required by law for site plans, may authorize the issuance of a special use permit, provided that it shall find that all of the following conditions and standards have been met in addition to the pertinent specific requirements found in this article. Also, a fee established by the Town Board must be paid for each application. The applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town in accordance with § 100-57 as required by the Planning Board. The applicant shall pay all required fees prior to the Planning Board's consideration of the application by depositing funds with the Town and upon the request of the Town replenishing said account.
C.
Special use permit general standards. If the Planning Board shall
find that any of the following conditions have not been met, the special
use permit application shall be denied:
(1)
The location and size of the use; the nature and intensity of the operations involved in or conducted in connection with it; the prevailing character of the neighborhood within the district; the public health, safety and welfare; the size of the site in relation to it; and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. In addition, the Planning Board shall utilize the compatibility objectives of site plan review set forth in § 100-53B(2) and the guidelines set forth in § 100-30 and Appendix A, Design Standards and Guidelines for Business Districts, included at the end of this chapter,[1] as a basis for its review and determination in addition
to those criteria set forth in this article.
[1]
Editor's Note: Appendix A is on file in the Town offices.
(2)
The location, nature and height of buildings, walls and fences and
the nature and extent of the landscaping on the site are such that
the use will encourage the appropriate development and use of adjacent
land and buildings.
(3)
Operations in connection with any special use will not be more objectionable
to nearby properties by reason of traffic, noise, fumes, vibration
or flashing of lights than would be the operations of any permitted
use not requiring a special use permit.
(4)
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives shall be laid out so as to achieve maximum
safety.
(5)
An environmental assessment form has been properly filed, containing
any supplemental information deemed pertinent to the application,
and a determination according to SEQR has been made.
D.
Required site plan. Where a site plan is required for a special use permit, a site plan conforming with the requirements of Article VIII shall be submitted to the Planning Board. The Planning Board shall determine the requirements of the submitted site plan on a case-by-case basis.
[Amended 6-8-2011 by L.L. No. 2-2011]
E.
Conditions and safeguards. The Planning Board shall attach such conditions
and safeguards to the special use permit as are necessary to assure
continual conformance to all applicable standards and requirements.
F.
Expiration of special use permits. A special use permit shall be
deemed to authorize only the particular use or uses specified in the
permit and shall expire if said use or uses shall cease for more than
12 months for any reason. The Planning Board may elect to set a term
for the expiration of the special use permit.
G.
Permits not issued where violations exist. No permit shall be issued
for a special use for a property upon which there is an existing violation.
H.
If a required area variance is necessary, application may be made
to the Zoning Board of Appeals for an area variance pursuant to New
York State Town Law § 267-b without a decision or determination
of an administrative official charged with the enforcement of the
zoning regulations.
In addition to the general standards stated above and the site plan design criteria and review considerations stated in Article VIII of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below.
[Amended 6-18-2014 by L.L. No. 2-2014]
One accessory apartment per single-family dwelling shall be
allowed by special use permit within a principal building as provided
in the Use Table,[1] provided that:
A.
The principal dwelling on the premises is owner-occupied. For purposes
of this section, the principal dwelling is defined as a detached single
family dwelling.
C.
The accessory apartment shall not be counted as a residential unit
for the purposes of determining density.
D.
The accessory apartment is self-contained, with separate cooking,
sleeping, and sanitary facilities for use by the occupant(s).
E.
The accessory apartment shall have only one bedroom or be a studio
apartment, and no other space shall, in the opinion of the Planning
Board, be so configured that it could be used as a second bedroom
(i.e., a den, a sewing room, etc.).
F.
The accessory apartment is subordinate to the principal residence
and contains no greater than 650 square feet of gross floor area and
no less than 400 square feet of gross floor area.
(1)
Area shall be measured from the outside of exterior walls and from
the center line of interior walls. It shall include all spaces accessible
to the unit, including hallways, bathrooms, closets, etc.
(2)
The six-hundred-fifty-square foot limitation may be adjusted, with
permission of the Planning Board, to reasonably accommodate the existing
shape of the area being converted to the accessory apartment.
H.
Approval has been granted by the Ulster County Health Department
for any required on-site sanitary or water supply system, including,
as may be applicable, a determination that the water supply and sewage
disposal facilities are adequate to accommodate the additional demands
of the accessory apartment.
I.
Any additional exterior entrances that may be created for the principal
structure shall be located at the side or rear of the structure.
J.
If a secondary structure (garage, carriage house, etc.) is used to
house the accessory apartment, the following conditions must be met:
(1)
The secondary structure must have its use related to the principal
dwelling (i.e., the garage must be primarily used for parking cars,
storage, etc., of the principal dwelling).
(2)
The accessory apartment must be a secondary use of the secondary
structure.
(3)
The accessory apartment must comply with the limitations and requirements
listed above for accessory apartments.
(4)
The secondary structure must, in the opinion of the Planning Board,
architecturally mirror and enhance the appearance of the principal
structure (i.e., siding should match, windows and doors should be
similar in appearance and trimmed appropriately, etc.).
(5)
The secondary structure must conform with the side yard setbacks
of a principal dwelling, regardless of the secondary structure's preexistence
to setback requirements.
(6)
If an accessory apartment is created through the conversion of an
accessory structure more than 50 years old, the conversion shall be
accomplished in a manner that preserves the historic architectural
features of the structure.
K.
Site plan review shall be required for an accessory apartment.
L.
The applicant acknowledges, in writing, to the Town of Lloyd the
understanding that, should the parcel be sold, the Town Code Enforcement
Officer is authorized to conduct a site visit to verify that the accessory
apartment is in compliance with the conditions of the special use
permit issued for the property.
[1]
Editor's Note: The Use Table is included at the end of this
chapter.
[Added 10-19-2022 by L.L.
No. 7-2022]
A.
Purpose.
(1)
With the increase in tourism over the past several years in
the Town of Lloyd and adjacent areas, there has been an increase in
the number of property owners renting to tourists on a short-term
transient basis. Many residents list their properties as short-term
transient rentals on web-based booking sites. Short-term transient
rentals (STRs) offer benefits to property owners and residents in
the Town such as increased income; however, STRs also create potential
health, safety, and quality of life detriments to the community. In
recognition of the widespread popularity of STRs and in recognition
that many such rentals are already operating in the Town, the purpose
of this section is to regulate the safety and use of STRs in line
with the goals of the Town Comprehensive Plan.
(2)
The following section imposes mandatory regulations and requirements
on all Town of Lloyd property owners that rent or propose to rent
their property on a short-term transient basis. The purpose of such
regulations and requirements are to assure that the properties being
rented meet certain minimum safety and regulatory requirements which
are proportional to those imposed on similar uses such as bed-and-breakfasts,
inns, motels, and hotels; thereby protecting the property owners,
the occupants of such housing and the residents of the Town of Lloyd.
B.
Authorization. This section is adopted in accordance with Article
16 of the Town Law of the State of New York which grants the Town
of Lloyd the authority to enact local laws for the purpose of promoting
the health, safety, and welfare of the Town, and in accordance with
Municipal Home Rule Law, Article 2, Section 10, that gives the Town
of Lloyd the power to protect and enhance its physical environment.
The Town Board authorizes the Planning Board of the Town of Lloyd
to issue special use permits to property owners to use their properties
as STRs per the provisions of this section. The Building Department
may, thereafter, issue STR permits, for such approved uses. Applications
for a permit to operate an STR shall be processed under the procedures
set forth in the Zoning Code and this section.
C.
Zoning. The STR use of a property shall only occur as an accessory
use to an existing or proposed single-family or two-family dwelling
in the A, R-2, R-1, R-1/2, R-1/4, and CB Zoning Districts, subject
to a special use permit issued by the Planning Board and an STR permit.
No STR use may occur on a vacant parcel.
D.
Density. Where the parcel is located, unless they are preexisting
nonconforming structures, new short-term rental units shall meet density
and setback requirements for the zoning district.
E.
Prohibitions. The following parcels shall be prohibited from being
issued permits to operate short-term transient rentals.
F.
ACCESS
CAMPING
DENSITY
DWELLING UNIT
EXISTING SHORT-TERM TRANSIENT RENTAL
HOUSE RULES
LOCAL MANAGER
NEW OPERATING SHORT-TERM TRANSIENT RENTAL
NON-OWNER-OCCUPIED
OWNER-OCCUPIED
PRIMARY RESIDENCE
RENTAL
RENTED IN PART
RENTED IN WHOLE
SECONDARY DWELLING UNIT (SDU)
SHORT-TERM TRANSIENT RENTAL (STR)
SHORT-TERM TRANSIENT RENTAL UNIT
SLEEPING ROOM
VACANT PARCEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The place, means, or way by which pedestrians and/or vehicles
shall have safe, adequate, and usable ingress and egress to a property,
structure, or use.
The use of a property as a site for sleeping outside; or
the parking of travel trailers or similar equipment, the erection
of tents or other shelters, to serve as temporary residences.
The number of individual dwelling units per unit of land.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
A short-term transient rental, as defined herein, which is
lawfully in operation as of December 31, 2022.
A set of rules that applies to renters of STRs while occupying
the unit.
The person specifically named on the application and permit
that is responsible for the day-to-day operation of the STR, and who
may be contacted, day or night, if there is a problem at the STR.
The local manager may be either the owner or an agent of the owner.
The local manager must reside within 30 miles of the Town of Lloyd
Town Hall.
A short-term transient rental not in operation prior to December
31, 2022.
An STR unit that does not qualify as owner-occupied.
An STR unit that is the primary residence of the owner for
at least 180 days in the calendar year, or the owner is present in
the dwelling or is present on the same parcel while the residence
is being used as a short-term rental.
A person's domicile where they usually live in the Town
of Lloyd, whether on a full-time or part-time basis for at least 180
days in the calendar year, typically a house including any habitable
accessory structures on the same property.
An agreement granting use or possession of a residence, in
whole or in part, to a person or group in exchange for consideration
valued in money, goods, labor, credits, or other valuable consideration.
An STR in a primary residence, as defined above, that is
being occupied in part by the owner and in part by STR guest(s), simultaneously.
An STR in a dwelling unit that is being occupied entirely
by STR guests for the rental duration.
An attached or detached secondary residential dwelling unit
that shares the building lot of a larger, primary home, including
having separate cooking and sanitary facilities.
The use of a parcel for the rental or lease of any or part
of any residential use single-family and two-family dwelling unit,
for a period of less than 30 days. The STR may occur within an entire
dwelling, in rooms within a dwelling, or in a separate attached or
detached dwelling unit or units on the parcel, but shall not include
camping. Motels, hotels, resorts, inns, and bed-and-breakfasts, as
defined in this chapter, are excluded from this definition.
Dwelling units or rooms used as STRs.
An interior room other than a bedroom, as defined under the
New York State Uniform Fire Prevention and Building Code, that may
serve to afford sleep to a person, however, sleep shall not be the
primary function of the room. Examples include, but are not limited
to, a living room, family room, den or great room which may be furnished
with a futon, convertible couch, or other sleeping surface. All sleeping
rooms shall meet New York State Uniform Fire Prevention and Building
Code mandates for bedrooms (i.e., size, ceiling height, access, egress,
lighting and ventilation, electrical outlets, heat, and smoke and
carbon monoxide alarms).
A parcel of land which does not contain a residential dwelling
unit.
G.
Applicable law.
(1)
All property owners desiring to operate an STR must comply with
the regulations of this section. However, nothing in this section
shall alter, affect, or supersede any regulations or requirements
of the Town of Lloyd Zoning Code, any regulations or requirements
imposed by the County of Ulster, or any state or federal regulations
or requirements, and all property owners must continue to comply with
such regulations or requirements. Any conflict between this section
and any other regulations or requirements of the Town of Lloyd Code
shall be resolved in favor of the more stringent of such regulations
or requirements.
(2)
Except as temporarily provided herein for existing STRs, no
operation of an STR unit shall occur except pursuant to a valid special
use permit issued by the Town of Lloyd Planning Board and an STR permit
issued by the Building Department. Such STR permits shall be valid
for a two-year period, subject to annual fire and safety inspection.
H.
Ownership of properties.
(1)
Properties must be owned by an individual, individuals, sole
proprietorship, general partnership, limited-liability partnership,
or a limited-liability company. No property owned by a corporation
or other business entity shall qualify for a permit.
(2)
A general partnership, limited-liability partnership or a limited-liability
company must disclose names of all partners and/or members when applying.
Any changes in partners and/or members shall be provided to the Building
Department within 30 days of change.
(3)
No owner entity composed of similar individuals, partners and/or
members may hold permits for more than two properties at any given
time, one owner-occupied and one non-owner-occupied STR in order to
allow equitable distribution of short-term rental special use permits.
Only one permit per property is allowed at one time.
I.
Designation of STR properties. All short-term transient rentals shall
be designated as owner-occupied, or non-owner-occupied, as defined
herein.
J.
Ulster County hotel and motel occupancy tax. All short-term transient
rentals shall comply with the Ulster County hotel and motel room occupancy
tax (Local Law No. 5 of 1991).
K.
Application of law to existing short-term rentals.
(1)
Property owners who operate an existing STR as of the effective
date of this section shall have 90 days from such date to apply for
a special use permit from the Planning Board.
(2)
Continued operation of an existing STR may occur so long as
an application for a special use permit is diligently pursued and
until such time as a special use permit is issued or denied by the
Planning Board and an STR permit is issued by the Building Department.
(3)
To qualify as an existing STR, within 90 days of the effective date of this section, a property owner shall produce documentation of compliance with Subsection K(3)(a), (b), and (c) below. Any property owners who fail to produce such documentation shall not qualify as an existing STR and shall cease operation of such STR until a special use permit and an STR permit is obtained. If the property is in a zoning district where STRs are not allowed, a use variance will be required before a special use permit may be sought. To be an existing STR, property owners must:
(4)
In zoning districts where STRs are not an allowed use, qualifying, preexisting STRs shall be allowed to operate, subject to a special use permit approved by the Planning Board, biennial application renewal and an annual fire and safety inspection, pursuant to the limitations for nonconforming uses provided in Zoning Code § 100-17.
L.
Fee. A nonrefundable STR permit application fee and inspection fee
shall be established by resolution of the Town Board for each dwelling
unit that functions as or contains a short-term transient rental unit.
Such permit fee shall be submitted with each new application and each
biennial renewal application. A separate fee shall be submitted for
an annual fire safety inspection of each permitted STR.
M.
The Town Board may set a maximum number of short-term rental permits
allowed during any given period in order to protect the health, safety
and welfare of the citizens in the Town. The maximum number (cap)
may be reviewed at any time at the discretion of the Town Board.
N.
Application forms. Application forms for an STR permit shall be developed
by the Building Department.
O.
Applicants for an STR permit must file a separate application and
tender a separate application fee and obtain a separate permit and
inspection for each dwelling unit which contains or functions as a
short-term transient rental.
P.
Application process. The initial application to operate a short-term
transient rental shall be submitted to the Planning Board for a special
use permit. Notification of the application shall be sent to neighbors
within 200 feet of the property by the Building Department upon permit
application.
(1)
The application shall include the following, in addition to
any other information required for a special use permit application:
(a)
Contact information. The names, addresses, email address(es)
and day/night telephone numbers of the property owners and local managers
shall be included on the application.
(b)
Designation of the STR as owner-occupied or non-owner-occupied,
as defined herein.
(c)
Designation of the STR as rented in part and/or rented in whole,
as defined herein.
(d)
Hosting platform information. The applicant shall provide the
names and URLs for all hosting platforms or other advertising platforms,
such as but not limited to AirBnB, VRBO or other hosting websites;
and Facebook, Instagram, or other social media postings used by the
applicant for advertisement of the short-term transient rental unit.
Any changes or additions to the listed hosting/advertising platform
shall be reported on the applicant's renewal permit.
(e)
Parking. The number of off-street parking spaces to be provided shall be stated on the application. Off-street parking shall be provided to accommodate the occupancy of the short-term transient rental unit, one parking space for each sleeping room in the dwelling plus other parking as required by § 100-29. Vehicles shall not be parked on front lawns. There shall be no on-street parking allowed. No parking shall be allowed outside of the parking spots designated and detailed on the permit.
(f)
Maximum occupancy. The maximum desired occupancy by the operator
shall be stated on the application. The Code Enforcement Officer shall
establish the maximum occupancy. The Code Enforcement Officer shall
limit the number of occupants based on the number, size, configuration,
and furnishings of the bedrooms and/or sleeping rooms, and per the
provisions of New York State Uniform Fire Prevention and Building
Code.
(g)
Water and septic. The source of the water supply shall be stated
on the application and the permit. The septic system shall be functioning,
and the type, size, and location of the septic system shall also be
stated on the application. New permit applications shall require documentation
as determined acceptable to the Planning Board, indicating that the
septic system is found to be currently working properly and is adequate
for the short-term transient rental maximum occupancy.
(h)
Fire safety. Documentation of location and existence of fire
safety devices in compliance with New York State Uniform Fire Prevention
and Building Code.
(i)
Description. State the occupancy of each bedroom and sleeping
room, and the methods of ingress and egress (examples: doors and windows)
shall be included with the application. No kitchen shall be occupied
for sleeping purposes.
(j)
Plat. The applicant shall submit an aerial plat of the property
showing approximate property boundaries and existing features, including
buildings, structures, well, septic system, parking spaces, firepits/outdoor
fireplaces, driveways, streets, streams and other water bodies, and
neighboring buildings within 100 feet of the short-term transient
rental unit. This does not need to be a survey. This is easily obtained
free of charge from many online sources.
(k)
Garbage removal. The applicant shall state how garbage is to
be removed from the property. The applicant is responsible for all
refuse and garbage removal. The applicant shall be responsible for
either: a) contracting with a refuse company; or b) the owner or property
manager shall remove garbage on a weekly basis. If there is a dumpster
located on the property, the location of the dumpster shall be depicted
on the plat submitted with the application.
(l)
House rules. The applicant shall submit a copy of the house rules. (See below Subsection U for required house rules.)
(m)
Jurisdiction. If a property owner does not reside within 30
miles of the Town of Lloyd Town Hall, then they must designate the
local manager as an agent.
(n)
A copy of the Ulster County Commissioner of Finance Certificate
of Authority.
Q.
Inspections.
(1)
Annually, each approved STR shall be inspected by the Code Enforcement
Officer or Fire Inspector to determine compliance with New York State
Uniform Fire Prevention and Building Code. Inspections shall be done
for the initial permitting and annually, thereafter.
(2)
All STR units must comply with New York State Building Code
requirements and shall have no open violations. No initial or renewal
permit shall be issued without compliance with the elements of the
submitted application.
(3)
The entire property involving an STR must be inspected. This
includes all owner-occupied spaces in buildings where an STR unit
is located. Those owner-occupied spaces shall be in compliance with
the Property Maintenance Code of New York State related to interior
and exterior spaces and fire safety.
R.
Application review. Upon receipt of the application and fee, the
Planning Board shall determine if the applicant has complied with
all the requirements of this section, the Zoning Code, as well as
any applicable federal, state, county, or local laws. If the applicant
has fully complied, then the Planning Board may issue the property
owner a special use permit for an STR. Based on the approval of such
special use permit, the Building Department may issue a renewable
STR permit so long as initial fire safety and property maintenance
inspections have been completed and approved and all fees are paid.
No STR permit shall be issued until inspection is completed by the
Building Department.
S.
Renewal permits. Property owners with STR permits shall submit to
the Town of Lloyd Building Department a biennial renewal permit application
with any changes to the original STR permit, together with such additional
documentation as determined by the Code Enforcement Officer, all of
which will be on forms prescribed by the Building Department, along
with the current renewal application fee. Renewal applications shall
be subject to the cap as determined by the Town Board and will be
processed on a first-come-first-served basis. Permit holders shall
be able to apply for renewal permits beginning October 1 through December
1. The Code Enforcement Officer may deny a renewal application based
on noncompliance of the regulations contained in this section or upon
failure of the annual fire safety inspection in any aspect of that
inspection. An applicant may appeal the denial to the Zoning Board
of Appeals.
T.
General permit regulations.
(1)
STR permits shall be valid for two years.
(2)
An STR permit in any given year will expire on December 31,
except an initial permit approved after September 1 of a calendar
year shall be allowed to run through December 31 of the second year
of the permit. All renewal permits shall run from January 1 to December
31 of the second calendar year after issuance.
(3)
The Town of Lloyd Town Board reserves the right to set a cap
for the maximum number of STR permits to be issued by the Building
Department in order to ensure the equitable distribution of STR permits
and to protect the public's health, safety and welfare. The Town
Board may review that cap at its discretion and revise it as needed
to protect the interests of the Town.
(4)
Copies of the STR permit must be displayed in the dwelling unit
in a place where it is easily visible to the occupants.
(5)
STR permits may not be assigned, pledged, sold, or otherwise
transferred to any other persons, businesses, entities, or properties.
(6)
All short-term rental properties shall have posted on or about
the inside of the front or main door of each dwelling unit a card
listing emergency contact information. Such information shall include,
but not be limited to, the name, address, email, and phone numbers
of the building owner, if local, or of a local manager and instructions
on dialing 911 for emergency/fire/ambulance assistance. A local manager
shall be able to respond in person within one hour.
(7)
Exterior advertising signs are prohibited except an STR may
have one nonilluminated accessory use freestanding or wall sign not
to exceed four square feet in area to identify the STR.
(8)
No camping shall be allowed on properties with STR permits.
U.
House rules.
(1)
All short-term rental properties shall post for renters of each
dwelling unit or rooms a listing of house rules. House rules shall
incorporate, but not be limited to, the following:
(a)
An emergency exit egress plan.
(b)
The location of fire extinguishers.
(c)
Identify the property lines and a statement emphasizing that
unit occupants may be liable for illegal trespassing.
(d)
Identify the procedures for disposal of refuse/garbage.
(e)
If allowed by the property owner, specify outdoor fires shall
be made solely within a fireplace or fire pit in accordance with all
New York State burning regulations.
(f)
If allowed by the property owner, instructions for fires in
fireplaces or wood stoves. If not allowed by the property owner, a
statement stating as such.
(g)
Short-term transient rentals shall not be permitted to be used
for any commercial use or commercial event space.
(h)
No outdoor camping shall be allowed.
(i)
Parking shall be allowed solely in the designated parking spaces.
(j)
If the property has a pool, hot tub or other swimming or bathing
appurtenance (hereafter: "pool"), a clear list of requirements related
to use of the pool, including explanation of the use of the required
barrier, barrier latches, alarms, electrical disconnect, etc. Further,
the property owner will place a sign in each location leading to the
pool that the property requires a "water watcher": a responsible adult
to supervise the pool while it is in use and to be responsible for
assuring that the barrier requirements are in place at all times.
(k)
Noise should be kept to a reasonable level. Unreasonably loud,
disturbing and unnecessary noise should not occur after 8:00 p.m.
nor before 7:00 a.m. during weekdays, and not between 8:00 p.m. and
not before 9:00 a.m. on Sundays or any holiday.
V.
Complaints.
(1)
Complaints regarding the operation of an STR shall be in writing
to the Code Enforcement Officer.
(2)
Noise complaints should be made to the Town of Lloyd Police
Department.
(3)
Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation, and upon finding to his/her satisfaction that a violation was or is currently occurring, he/she shall issue to the property owner and the local manager a notice detailing the alleged violation(s) as determined by the Code Enforcement Officer in accordance with Zoning Code § 100-54. Such notice shall also specify what corrective action is required of the property owner, and the date by which action shall be taken.
(4)
Notices required by this section shall be issued by the Code Enforcement Officer in accordance with Zoning Code § 100-54.
(5)
No renewal permit shall be issued until a notice of violation
issued by the Code Enforcement Officer is resolved.
(6)
If the landowner does not comply with the specified corrective
action by the date given by the Code Enforcement Officer, the Code
Enforcement Officer may revoke the STR permit. This determination
shall be reviewable by the Zoning Board of Appeals after a public
hearing.
[Amended 9-8-2010 by L.L. No. 13-2010]
Cemeteries shall be allowed by special use permit in all A and
R-1 Districts, provided that:
A.
No burial or memorial plats or buildings shall be located closer
than 100 feet to any residential lot line, except that when a dense
evergreen hedge or wall or landscaped strip at least six feet in height
providing complete visual screening from all adjacent residential
property is provided, burial or memorial plats of less than six feet
in height may be located as close as 25 feet to any residential lot
line.
B.
All burials shall be undertaken in strict accordance with applicable
regulations of the New York State Department of State and the Department
of Health.
Commercial timber harvesting shall be allowed by special use
permit in the A, R-2 and R-1 Zoning Districts, provided that:
A.
All parcels of two or more acres of forest vegetation, whether on
one lot or on two or more contiguous lots to be harvested, shall be
subject to a special use permit under these provisions.
B.
A forest management plan shall be submitted prior to the beginning
of any clearing or cutting. This plan shall include information pertaining
to the following:
(1)
Land area of parcel to be logged;
(2)
Location of land area on Tax Maps;
(3)
Approximate existing number of trees;
(4)
Approximate number of trees to be harvested;
(5)
Impact on all streams and waterways on the parcel;
(6)
Site-specific measures for the prevention of erosion and preservation
of wildlife habitats;
(7)
Measures for the preservation of aesthetic values of the land;
(8)
Maintenance and/or repair of roads, loading areas and access paths;
(9)
Establishment of buffer zones to mitigate visual impact from roads,
nearby elevations and neighboring parcels;
(10)
Cleanup and reclamation plans;
(11)
Locations of major skid roads and landing areas; and
(12)
A time schedule for all of the above activities.
C.
The Planning Board may engage a forestry consultant to examine the
commercial timber harvesting proposal.
D.
The Planning Board shall receive and approve a signed contract between
the logger and property owner or owners.
E.
The Planning Board shall require a performance bond or equivalent
security to ensure proper cleanup and implementation of the forest
management plan. In the case of a bond, the Town of Lloyd shall be
named as an additional beneficiary insured. In the case of a security,
the Town of Lloyd shall be named as a holder of the security.
F.
All New York State Department of Environmental Conservation (DEC)
regulations shall be strictly adhered to by the special use permit
holder, and all required stream bank disturbance permits shall be
secured and in effect before the commencement of logging.
G.
An appropriate buffer of trees shall be maintained contiguous to
any neighboring lot line or road.
H.
No operations shall take place between Monday and Friday from 4:00
p.m. to 8:00 a.m., and no operations are permitted in Saturday and
Sunday.
I.
Excluded from special use permit shall be the harvesting of Christmas
trees; the clearing of land for rights-of-way for utilities; reasonable
site clearing preparatory to construction of a building for which
a building permit has been issued; the clearing and maintenance of
land for agricultural purposes; and the harvesting of trees and firewood
for the personal use of the property owner not to exceed 20 cords
per year.
J.
Except for site clearing for the clearing of land for rights-of-way for utilities and reasonable site clearing preparatory to construction of a building for which a building permit has been issued as provided in § 100-44I above, no clear-cutting shall be permitted on any lands within the Town. Live trees less than eight inches in diameter are not to be cut or removed during a commercial timber harvest.
[1]
Editor's Note: Former § 100-45, Continuing care
retirement community, was repealed 10-21-2020 by L.L. No. 4-2020.
Country inns shall be allowed by special use permit in the Mixed
Use Development District and Agricultural Business Overlay District,
provided that:
A.
The minimum lot area shall be five acres.
B.
A country inn shall be limited to 20 guest rooms.
C.
No kitchenettes shall be permitted in guest rooms.
D.
Accessory uses integral to the country inn shall generally be limited
to the following:
(1)
Meeting
rooms;
(2)
Restaurant
or dining facilities serving either guests exclusively or the general
public, limited to a total number of 40 seats in the dining room(s)
and provided that no music or other objectionable noise shall be audible
beyond the boundaries of the lot on which the use is constructed;
(3)
Recreational
facilities, such as swimming pools and tennis courts;
(4)
Small
personal service/retail shops fully within the country inn and selling
newspapers, magazines, tobacco, small gifts, and similar items; and
(5)
One
resident apartment.
E.
The country inn may be either an adaptive reuse of a residential
or nonresidential structure existing on the date of the enactment
of this chapter or new construction.
F.
Maximum building coverage for new construction, including all principal
and accessory buildings, shall not exceed 10% of lot area.
G.
No parking area or other improvement associated with the facility
shall be located within 50 feet of a property line. Screening shall
be provided by intervening landform and/or vegetation to reduce visual
and other impacts on neighborhood residential properties.
H.
Access to a country inn shall be provided from a state or county
highway or a through Town road.
I.
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Ulster County Health Department
and the New York State Departments of Health or Environmental Conservation.
A.
Management responsibilities.
(1)
Licenses and fees. In addition to the procedure and regulations for
special use permits required in this chapter, every manufactured home
park shall be subject to the following licensing regulations:
(a)
It shall be unlawful for any person to operate any manufactured
home park within the limits of the Town of Lloyd unless he or she
holds a valid license issued annually by the Town Board in the name
of such person for the specific manufactured home park. All applications
for licenses shall be made to the Town Board, which shall issue a
license upon compliance by the applicant with provisions of this chapter
and of other applicable legal requirements.
(b)
Application for original licenses shall be in writing, signed
by the applicant, accompanied by an affidavit of the applicant as
to the truth of the application and by a deposit of fee established
by the Town Board.
(c)
Licenses shall be valid for a period of one calendar year only.
The fee for the renewal of licenses shall be 1/2 of the original license
fee.
(d)
Every person holding a license shall give notice in writing
to the Town Board within 24 hours after having sold, transferred,
given away or otherwise disposed of interest in or control of any
manufactured home park. Such notice shall include the name and address
of the person succeeding to the ownership or control of such manufactured
home park. Upon application in writing for transfer of the license
and deposit of fees, the license shall be transferred if the manufactured
home park is in compliance with all applicable provisions of this
chapter and any regulations of the Ulster County Health Department.
(e)
Whenever, upon inspection of any manufactured home park, the
Code Enforcement Officer finds that conditions or practices exist
which are in violation of any provision of this chapter or regulations
of the Ulster County Health Department, the Town Board shall give
notice in writing to the person to whom the license was issued that,
unless such conditions or practices are corrected within a reasonable
period of time specified in the notice by the Town Board, the license
shall be suspended. At the end of such period, the Town Board or its
authorized agent shall reinspect such manufactured home park, and
if such conditions or practices have not been corrected, it shall
suspend the license and give notice in writing of such suspension
to the person to whom the license is issued. Upon receipt of notice
of such suspension, such person shall cease operation of such manufactured
home park.
(f)
The Code Enforcement Officer is hereby authorized and directed
to make such inspections as are necessary to determine satisfactory
compliance with this chapter, and it shall be the duty of the manufactured
home park management to permit the Town Board or its authorized agent
to inspect the register containing a record of all residents of the
manufactured home park.
(2)
Registration. The manufactured home park management shall keep a
register containing the following information for each occupied manufactured
home:
(3)
Supervision.
(a)
The manufactured home park management shall supervise the placement
of each manufactured home on its manufactured home stand, which includes
securing its stability and installing all utility connections.
(b)
The manufactured home park management shall notify park occupants
of all applicable provisions of this section and inform them of their
duties and responsibilities under this section and regulations issued
hereunder. The park management shall also post, in a conspicuous place,
a current copy of this section, as may be amended.
(c)
The manufactured home park management shall maintain the park,
its facilities and equipment in good repair and in a clean and sanitary
condition.
B.
Dimensional standards.
(1)
The minimum park area shall be 15 acres.
(2)
Manufactured home site area. The maximum number of manufactured homes
to be permitted in any manufactured home park shall be determined
as follows:
[Amended 6-8-2011 by L.L. No. 2-2011]
(b)
Divide the resultant area by the minimum lot size for the district.
In the TR-1 District, divide the buildable acres by 11,000 square
feet. In the TR-1/2, divide the buildable acres by 7,500 square feet.
Fractional units of 0.5 unit or less shall be rounded down and fractional
units greater than 0.5 shall be rounded up.
(3)
Setback requirements.
(4)
Each manufactured home site shall be defined by permanent corner
stakes and identified with a permanent marker showing the parcel number
corresponding to the approved site plan.
(5)
Maximum building height shall be 35 feet and 2 1/2 stories.
(6)
Maximum building coverage shall be 10%.
(7)
A paved or hard-surface patio area of at least 150 square feet, with
a minimum dimension of 10 feet, shall be provided for each manufactured
home.
(8)
Maximum
combined building and impervious surface coverage shall be 40%.
[Added 6-8-2011 by L.L. No. 2-2011]
C.
Environmental standards. Prior to the approval of any area for the
development of any manufactured home park, the Town Board or its authorized
agent shall determine that the following environmental standards are
met:
(1)
The soil and topographical conditions of the site shall be such as
not to create an unreasonable health hazard or a significant detrimental
effect to the ecology of the area.
(2)
The site shall not be exposed to unusual noise, objectionable smoke,
noxious odors, insect or rodent infestation or the probability of
flooding or erosion.
(3)
The site shall not be subject to sources of pollution such as drainage
from garbage disposal areas.
D.
Park maintenance and improvements. The following standards shall
be met:
(1)
All ground surfaces shall be maintained, preserved, treated or protected
so that soil erosion is prevented and objectionable dust is eliminated
through pavement, stone or other solid covering, lawn or other vegetative
growth.
(2)
No part of a manufactured home park shall be used for nonresidential
purposes except such uses that are required for the direct servicing
and well-being of park residents and for the management and maintenance
of the park.
(3)
Topsoil, existing trees and shrubs shall be preserved where practicable
and where required by the Town Board as a condition for its approval.
(4)
Vegetative growth, such as brush, weeds and grass, shall be controlled
to prevent harborage of ticks, chiggers and other noxious insects
and shall be so maintained as to prevent the growth of poison ivy
and other noxious weeds considered detrimental to health. Grounds,
buildings and structures shall be maintained free of insect and rodent
harborage and infestation and accumulations of debris which may provide
rodent harborage or insect breeding places. Where the potential for
such insect and rodent infestation exists, all exterior openings in
or beneath any structure shall be appropriately screened with wire
mesh or other suitable materials.
E.
Buffer areas. A buffer strip shall be required along all property
lines abutting a residential district or directly across a local street
from any property in a residential district. Such buffer strip shall
comply with at least the following minimum standards:
(1)
It shall be of evergreen planting of such type, height, spacing and
arrangement as, in the judgment of the Town Board, will effectively
screen the activity on the lot from the neighboring residential area.
Non-evergreen planting may be included to seasonally supplement planting
but not to replace it.
(2)
The buffer strip shall be at least 10 feet in width.
(3)
A wall or fence, of location, height, design and materials approved
by the Town Board, may be substituted for the required planting.
(4)
The required planting and/or other improvements within the buffer
area shall be properly maintained in good condition at all times throughout
the continuance of the manufactured home park.
F.
Transportation, access and roadways.
(1)
Park roadways. Responsibility for the ownership and maintenance of
such park roadways shall be with the manufactured home park management.
(2)
Access to manufactured home site. Convenient access shall be provided
to each manufactured home stand for maneuvering the manufactured home
into position. The access shall be kept free from trees and other
immovable obstructions and shall be a minimum width of 12 feet or
the width required by current manufactured home models, plus extra
width necessary for maneuvering a manufactured home on a curve. The
alignment and gradient of such accessway shall be adequate to prevent
contact of the undercarriage of the manufactured home and shall be
safely and easily traversed as determined by the Town Board.
(3)
Walkways. All manufactured home parks shall be provided with safe,
convenient, all-season pedestrian walkways as determined necessary
by the Town Board to:
G.
Manufactured home stands. The area of the manufactured home stand
shall be improved to provide an adequate foundation for the placement
and tie-down of the manufactured home, thereby securing the superstructure
against uplift, sliding, rotation and overturning. The stand should
provide for practical placement on and removal from the lot of the
manufactured home and retention of the home on the lot in satisfactory
relationship to its surroundings. The following specific requirements
shall be met:
(1)
There shall be a longitudinal gradient of 0% to 5% and an adequate
crown or cross gradient for surface drainage.
(2)
The location of each manufactured home stand shall be at such elevation,
distance and angle in relation to the park roadways and the accessways
to the manufactured home that placement and removal of the manufactured
home is practical.
(3)
The manufactured home stand shall not heave, shift or settle unevenly
under the weight of the manufactured home due to frost action, inadequate
drainage, vibration or other forces acting on the superstructure.
(4)
The manufactured home stand shall be provided with anchors and tie-downs
such as cast-in-place concrete "dead men," eyelets imbedded in concrete
foundations or runways, screw augers, arrowhead anchors or other devices
securing the stability of the manufactured home.
(5)
Anchors and tie-downs shall be placed at least at each corner of
the manufactured home stand, and each shall be able to sustain a minimum
tensile strength of 2,800 pounds.
(6)
All manufactured homes are to be appropriately skirted, if applicable.
H.
Sanitation standards.
(1)
Water supply. Where public water supply is not available, a private
water supply system, with proper connections to each manufactured
home, shall be developed sufficient to provide a minimum of 250 gallons
of water daily to each manufactured home. Any such private water supply
system shall be approved by the Ulster County Health Department and
shall meet the following requirements:
(a)
Wells or suction lines shall be located at least 50 feet from
building sewers, septic tanks and dry wells; at least 100 feet from
disposal fields and seepage pits; and at least 150 feet from any cesspools.
(b)
All water storage structures or reservoirs shall be covered,
watertight and constructed of impervious material. All manholes or
other openings required for proper operation of the water storage
facilities shall be covered or screened to prevent contamination,
and there shall be no direct drainage between a reservoir and any
pipe conveying or liable to convey sewage or polluted water.
(c)
The water piping system shall connect all buildings requiring
water, shall not be connected with nonpotable or questionable water
supply and shall provide a pressure of at least 20 pounds per square
inch, under normal operating conditions, to buildings requiring potable
water supply.
(d)
Water riser pipes shall be at least 3/4 inch, shall extend at
least four inches above ground elevation and shall be located within
the confined area of the manufactured home stand at a point where
the water connection shall approximate a vertical position.
(e)
A shutoff valve below the frost line shall be provided near
the water riser pipe on each manufactured home site.
(f)
Underground stop and waste valves shall not be installed on
any water service.
(g)
Adequate provisions shall be made to prevent freezing of service
lines, valves and riser pipes and to protect risers from the heaving
and thawing actions of ground during freezing weather. Surface drainage
shall be diverted from the location of the riser pipe.
(2)
Sewage disposal. Where no public sewage disposal system is available,
a private sewage disposal system, with proper connections to each
manufactured home, shall be developed in accordance with Ulster County
Health Department standards. Any such private sewage system shall
include a sewage disposal plant of a capacity and efficiency to serve
the sewage disposal system. Both the sewage disposal system and the
sewage disposal plant shall be approved by the Ulster County Health
Department. The following requirements shall also be met:
(a)
Effluents from the sewage disposal plant shall not be discharged
into the waters of the State of New York, except where specifically
approved by the Ulster County Health Department and all other agencies
having jurisdiction. The disposal facilities shall be located where
they will not create a health hazard or odor nuisance to the park
residents or to the occupants of any adjacent property.
(b)
Sufficient cleanouts, handholds, and manholes shall be provided
in sewer systems to maintain serviceable conditions. Cleanouts extending
to grade and capped with cleanout plugs shall be provided at least
at seventy-five-foot intervals on four-inch lines and at least at
one-hundred-foot intervals for larger diameters. Manholes shall be
provided in large sewer systems at changes in direction over 45°
at intersections of main sewers and at intervals not exceeding 400
feet in straight sewers.
(c)
All sewer lines shall be located in trenches of sufficient depth
to be free of breakage from traffic or other movements and shall be
separated from the park water supply system at a safe distance. Sewers
shall at a grade which will ensure a velocity of two feet per second
when flowing full. All sewer lines shall be adequately vented and
shall have watertight joints.
(d)
Each manufactured home stand shall be provided with at least
a four-inch-diameter sewer riser pipe. The sewer riser pipe shall
be so located on each stand so that the sewer connection to the manufactured
home drain outlet will approximate a vertical position.
(e)
The sewer connection shall have a nominal inside diameter of
at least three inches, and the slope of any portion thereof shall
be at least 1/4 inch per foot. The sewer connection shall consist
of one pipeline only, without any branch fittings. All joints shall
be watertight.
(f)
All materials used for sewer connections shall be semirigid,
corrosion-resistant, nonabsorbent and durable. The inner surface shall
be smooth.
(g)
Provision shall be made for capping the sewer riser pipe when
a manufactured home does not occupy the site. Surface drainage shall
be diverted away from the riser. The rim of the riser pipe shall extend
at least four inches above ground elevation.
I.
Drainage. The ground surface on every manufactured home site shall
be graded and equipped to drain all surface and subsurface water in
a safe, efficient manner to ensure freedom from stagnant pools, erosion
and flooding. Plans for the collection and disposal of surface and
subsurface water shall be provided and shall be subject to approval
by the Town Board. Such plans shall include:
(1)
Splash blocks or downspouts for the dispersion of roof runoff shall
be installed where necessary. Splash blocks shall be at least 30 inches
long and 12 inches wide and firmly embedded to prevent displacement.
(2)
Storm sewers shall be laid on sufficient grade to provide a minimum
velocity of 2.5 feet per second when flowing full.
(3)
Drain lines, drain inlets and paved gutters shall be of adequate
size, design and construction to ensure positive runoff.
(4)
Retaining walls, cribbing or other engineering structures shall be
installed and maintained where the topography has a slope of two on
one or more to prevent erosion.
J.
Utility standards. Electrical, telephone, television and gas connections
shall be located underground.
(1)
Electrical requirements. Electrical service and connections must
comply to current New York State Fire Underwriters' regulations or
the following, whichever is more restrictive:
(a)
All direct-burial conductors or cable shall be buried at least
18 inches below the ground surface and shall be insulated and specially
designed for the purpose. Such conductors shall be located a radial
distance of not less than one foot from water, sewer, gas or communication
lines.
(b)
Each manufactured home site shall be provided with electrical
current of the standard voltage and frequency generally provided in
the area.
(c)
Each mobile home lot shall be provided with an approved disconnecting
device and overcurrent protective equipment. The minimum service per
outlet shall be 120/240 volts, AC, 60 amperes.
(d)
Outlet receptacles at each mobile home stand shall be located
not more than 25 feet from the overcurrent protective devices in the
manufactured home, and a three-pole, four-wire grounding type shall
be used unless other grounding types are approved by the Town Board.
Receptacles shall be of weatherproof construction.
(e)
All exposed non-current-carrying metal parts of manufactured
homes and all other equipment shall be grounded by means of an approved
grounding conductor with branch circuit conductors or other approved
method of grounded metallic wiring. The neutral conductor shall not
be used as an equipment ground for manufactured homes or other equipment.
(2)
Lighting requirements. Manufactured home parks shall be furnished
with lighting units so spaced and at such heights as to provide illumination
for safe pedestrian and vehicular movement at night.
(a)
In all parts of the manufactured home park road system, an average
illumination level of at least 0.8 footcandle and a minimum illumination
level of at least 0.3 footcandle shall be maintained.
(b)
Potentially hazardous locations shall be individually illuminated
with a minimum level of at least 1.0 footcandle where deemed necessary
by the Town Board.
(3)
Gas. Each manufactured home site provided with piped gas shall have
an approved manual shutoff valve installed upstream of the gas outlet.
The outlet shall be equipped with an approved cap to prevent accidental
discharge of gas when the outlet is not in use.
(4)
Heating. All service structures, if not conventionally heated, shall
be provided with space heating equipment adequate to maintain a temperature
of 70° F. inside the building at an outside design condition of
minus 10° F. and shall be subject to the approval of the appropriate
Town agency.
K.
Service and storage requirements. All service and/or storage facilities
as described in this section shall be appropriately and attractively
screened in accordance with a plan approved by the Town Board and
shall be so maintained.
(1)
Laundry. A laundry facility with suitable automatic washers and dryers,
plumbing, electricity and ventilation shall be provided in a central
location unless it is clearly shown to the satisfaction of the Town
Board or its authorized agent that such a facility is not necessary
for the needs and reasonable convenience of or emergency usage by
the residents of the manufactured home park.
(2)
Storage of material and equipment.
(a)
Space for storage facilities at each manufactured home site
shall be provided.
(b)
Storage areas shall be maintained to prevent rodent harborage.
Storage shall be permitted under manufactured homes.
(c)
An approved and enclosed storage space shall be provided by
the manufactured home park management for park maintenance materials
and equipment.
(3)
Liquid petroleum gas storage.
(a)
Liquid petroleum gas (LPG) systems, if used, shall be provided
with safety devices to relieve excessive pressures and shall be arranged
so that the discharge terminates at a safe location. Such systems
shall have at least one accessible means for shutting off gas. Such
means shall be located outside the manufactured home and shall be
maintained in effective operating condition and screened.
(b)
All LPG piping outside of the manufactured homes shall be well
supported and protected against mechanical injury. Undiluted liquefied
petroleum gas in liquid form shall not be conveyed through piping
equipment and systems in manufactured homes.
(c)
No liquefied petroleum gas vessel shall be stored or located
inside or beneath any storage cabinet, carport, manufactured home
or any other structure, unless such installations are approved by
the Ulster County Health Department.
(4)
Fuel oil storage.
(a)
All piping from outside fuel oil storage tanks or cylinders
to manufactured homes shall be permanently installed and securely
fastened in place.
(b)
All fuel oil storage tanks or cylinders shall be securely fastened
in place and shall not be located inside or beneath any manufactured
home or less than five feet from any manufactured home exit.
(c)
Storage tanks located in areas subject to traffic shall be protected
against physical damage.
(5)
Refuse. The storage, collection and disposal of refuse in the manufactured
home park shall be so conducted as to create no health hazards, rodent
harborage, insect breeding areas, accident, fire hazards or air pollution.
(a)
All refuse shall be stored in flytight, watertight, rodentproof
containers, which shall be located not more than 175 feet from any
manufactured home site. Containers shall be provided in sufficient
number and capacity to properly store all refuse. Each manufactured
home shall have at least one refuse can of at least 15 gallons' capacity.
(b)
Refuse collection stands shall be provided for all refuse containers.
Such container stands shall be so designed as to prevent containers
from being tipped, to minimize spillage and container deterioration
and to facilitate cleaning around them.
(c)
All refuse containing garbage shall be collected at least weekly
and as required. Where suitable collection service is not available
from municipal or private agencies, the manufactured home park management
shall provide this service. All refuse shall be collected and transported
in covered vehicles or covered containers.
L.
Recreation area. Not less than 10% of the gross manufactured home
park area shall be devoted to recreational facilities, which should
be provided in a central location when possible. Where determined
necessary by the Town Board, drinking fountains shall be provided
in or near the recreation and service areas and shall have a flow
pressure of at least 15 pounds per square inch.
M.
Fire protection.
(1)
Manufactured home park areas shall be kept free of litter, rubbish
and other flammable materials.
(2)
Portable fire extinguishers shall be kept in all service buildings
and shall be maintained in good operating condition.
(3)
No open fire shall be permitted except in facilities intended for
such purposes.
(4)
Fire hydrants shall be located within 500 feet of all structures
and shall deliver at least 75 gallons of water per minute at a flowing
pressure of at least 30 pounds per square inch at the highest elevation
point of the park.
(5)
Construction should provide reasonable assurance of safety to life
by making provisions to retard the progress and spread of fires and
by providing for means of egress which will minimize danger to life
from fire, smoke or resulting panic before structures are emptied.
Motor vehicle repair shops and motor vehicle service stations
shall be allowed by special use permit as provided in the Use Table,[1] provided that:
A.
All repairs and/or servicing shall be performed indoors.
B.
In addition to the buffer and landscaping requirements of this chapter,
a buffer screening area of not less than 10 feet in width shall be
provided along all abutting streets. Said buffer shall consist of
planting of such type, height, spacing and arrangement as, in the
judgment of the Planning Board, will provide an attractive appearance
from neighboring streets.
C.
All fuel, oil or similar substances shall be stored at least 35 feet
from any street or lot line unless stored in underground tanks. Underground
tanks shall be buried at least three feet from any street or lot line,
and the top of said tank shall be at least two feet below the surface
of the ground. Tanks buried adjacent to buildings having basements
shall be set back at least 10 feet from the foundations of those buildings.
All such uses and setbacks shall comply with applicable rules and
regulations of governmental agencies and the National Fire Protection
Association Standards.
D.
No automobile parts, dismantled vehicles or similar items shall be
stored outside.
E.
No vehicles, trailers, trucks, or buses with more than a three-ton
rating may be stored or parked on site, other than customer vehicles
or vehicles related to the operation of the motor vehicle repair shop
or motor vehicle service station.
F.
No vehicles are permitted to be stored or parked in any of the required
setbacks or at any off-site locations.
G.
All motor vehicle service stations which provide an air compressor
capable of inflating automobile tires for the use of motorists shall
do so at no charge to the user thereof.
[1]
Editor's Note: The Use Table is included at the end of this
chapter.
[Amended 6-8-2011 by L.L. No. 2-2011]
A.
Multifamily dwellings shall be allowed by special use permit in the
R-1/4, R-1/2, and CB Districts, provided that:
(1)
Parking.
(a)
All off-street parking shall be located behind or to the side of
the principal building(s). Parking spaces shall be screened from public
view to the maximum extent practicable.
(b)
Off-street parking may be accessed from a rear lane located to the
rear of the principal building(s).
(c)
Where rear lanes are provided, they shall meet the following standards:
[1]
Rear lanes shall be treated as private streets and shall not be dedicated
to the Town. They may be dedicated to a homeowners' association or
as common easements across the rear portions of the lots subject to
establishment of a Common Use and Maintenance Agreement.
[2]
Lighting for rear lanes shall be provided on garages or on lighting
poles and shall be fully shielded to prevent glare.
[3]
The minimum setback for a garage accessed from a rear lane shall
be 12 feet from the center line of the lane.
[4]
Rear lanes may be paved lightly to driveway standards, with drainage
by inverted crown at the center and by percolation. They shall have
gravel or landscaped edges with no raised curb. Street trees shall
be planted in the tree lawn next to the lane or in rear yards of lots,
averaging 30 feet on center. Pavement width shall be 12 feet as illustrated
in Figure 49-1.
Figure 49-1: Rear Lane
|
(2)
The multifamily dwelling shall be constructed to resemble a single-family
dwelling as illustrated by example in the photographs.
|
|
B.
Two-family dwellings. Two-family dwelling by conversion or new construction,
where it requires authorization by special use permit, provided:
(1)
The
two-family dwelling (by conversion) shall occur only through conversion
of a one-family residence legally existing at the time of adoption
of this chapter.
(a)
The one-family residence is, at the time of conversion, on a single
lot with lot area and lot width of no less than the minimum specified
for the zoning district in the Schedule of Area and Bulk Regulations.[1] The lot may not be an existing nonconforming lot of less
than the prescribed lot area or lot width.
[1]
Editor’s Note: See the Dimensional Table included at
the end of this chapter.
(b)
Adequate water supply and sewage disposal facilities shall be demonstrated
to exist in accordance with the requirements of the Town of Lloyd
and the Ulster County Department of Health.
(c)
Expansion of the existing one-family residence (by conversion) to
accommodate the second dwelling shall be limited to a maximum of 750
square feet of gross floor area in the CB, R1/4 and R1/2 District
and 1,000 square feet in other districts.
(2)
The
two-family dwelling (by new construction) shall be considered a permitted
use in all residential districts where it requires authorization by
special use permit. In all residential districts:
(a)
The two-family dwelling (by new construction) requires site plan approval in accordance with Article VIII of this chapter.
(b)
The two-family dwelling (by new construction) shall resemble a single-family
dwelling in its outward appearance.
(c)
Adequate water supply and sewage disposal facilities shall be demonstrated
to exist in accordance with the requirements of the Town of Lloyd
and the Ulster County Department of Health.
(d)
Expansion of the existing one- or two-family residence to accommodate
the additional dwelling units shall be limited to a maximum of 1,000
square feet of gross floor area per unit.
Service and retail uses, including convenience stores, shall
be allowed by special use permit in the Designed Business District,
provided that:
A.
Such use shall be part of a shopping plaza on a site of at least
three acres in size.
B.
The number of service establishments and retail stores in the shopping
plaza shall not exceed one per 10,000 square feet of lot area.
C.
No single service establishment or retail store shall exceed 125,000
square feet of gross floor area in size, including storage, with the
exception of a convenience store, which shall not exceed 4,000 square
feet of gross floor area.
D.
No outdoor display of merchandise shall be permitted, except for
living trees or plants, unless shown on an approved site plan.
A.
Intent. The intent of this section is to assist in the preservation
of the cultural heritage of the Town of Lloyd by allowing specialized
uses in structures of historic merit.
B.
Applicability. This section shall apply to any building listed on
the National Register of Historic Places or that is eligible for the
National Register or that is designated an historic building by the
Town Board upon recommendation of the Planning Board within any zoning
district or that has been surveyed as an historic resource by the
New York State Office of Parks, Recreation and Historic Preservation,
subject to the approval of a special use permit by the Planning Board.
A building shall be eligible for designation as an historic building
upon application to the Town Board and upon recommendation of the
Planning Board. When considering its recommendation to designate an
historic building, the Planning Board shall consider the following
factors:
(1)
Its character, interest or value as part of the heritage or culture
of the Town.
(2)
Its location as the site of a significant historic event.
(3)
Its identification with a person or persons who significantly contributed
to the Town's culture and development.
(4)
Its exemplification of a distinctive architectural style, type or
specimen.
(5)
Its identification as the work of an outstanding architect or master
builder.
(6)
Its relationship to distinctive areas, buildings or structures that
are eligible for preservation.
C.
Uses permitted by special use permit. The following uses may be permitted by special use permit granted by the Planning Board pursuant to § 100-40 of this chapter:
(1)
Art and craft studios.
(2)
Art galleries.
(3)
Antique shops, rare book and coin or stamp shops.
(4)
Restaurant.
(5)
Multifamily residential use in single-family districts, but not to
exceed four units within one structure, contingent on the continuing
residency of the owner of the building within one of the dwelling
units.
(6)
A combination of two or more of the above uses in the same structure.
D.
Requirements of special use permit.
(1)
The Planning Board shall receive, review and approve a site plan pursuant to the provisions of Article VIII of this chapter prior to action on an application for a special use permit for an historic structure. The site plan shall be accompanied by schematic architectural drawings which show the existing conditions of the structure and the proposed restoration of proposed exterior changes in the structure. The Planning Board may request a report, to be paid for by the applicant, from an historic preservation specialist as to appropriateness of the proposed restoration and its compliance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings." Upon receipt of the specialist's report, the Planning Board shall find that:
(a)
The exterior restoration maintains the architectural and historic
integrity of the structure.
(b)
The proposed use is compatible with the neighborhood, and activities
permitted within the structure can adequately be buffered from any
surrounding residential use.
(c)
The resulting traffic generation will not overburden existing
roads, and adequate parking can be provided without unduly destroying
the landscape or the setting of the structure.
(d)
The proposed use is appropriate to the structure and will aid
in the preservation of the structure.
(2)
The Planning Board may limit the number of employees or persons working
on the site on a part-time or full-time basis.
A.
Purpose. The purpose of the Hamlet Business Overlay District is to
protect the historic and commercial character in the Hamlet of Highland's
core commercial area. The Hamlet Business Overlay District is intended
to protect the Hamlet's commercial viability by assisting businesses
in the Hamlet Business Overlay District to increase their visibility,
encourage diversity of uses which support the vitality of the shopping
district and protect against changes of uses that do not support the
objectives of the Comprehensive Plan.
B.
Applicability. These regulations shall apply to all structures and
uses within the Hamlet Business Overlay District.
C.
Allowed uses:
(1)
Stores and shops for the conduct of retail business, banks, post
offices, restaurants and other places serving food and beverages,
professional and business offices and establishments for the performance
of various personal services;
(2)
Places of amusement, physical fitness, gaming and sport, including
both indoor and outdoor facilities and activities;
(3)
Club, civic or youth centers;
(4)
Church, other places of worship;
(5)
Public and private schools;
(6)
Public library or museum;
(7)
Nursery school;
(8)
Governmental use;
(9)
Park, playground or other recreation facility;
(10)
Private nonprofit membership club;
(11)
Medical clinics or medical group offices;
(12)
Bed-and-breakfasts.
D.
Prohibited uses. Residential dwelling units are allowed above any
of the commercial uses as long as they meet the density and minimum
floor area requirements of the surrounding district. Except for doctor,
chiropractic, dentist or other medical care office, office uses shall
be limited to second floor only.
E.
Signage.
(1)
No more than two signs pertaining to a permitted use conducted on
the lot where such signs are displayed. Signs shall not exceed two
square feet for each linear foot of building frontage or a maximum
total area of 30 square feet for any sign parallel to and flat against
the facade of a building, or 15 square feet for any other sign. Signs
shall be nonmovable and, if lighted, shall be nonflashing and shielded.
(2)
Projecting signs shall not be less than seven feet from the ground
or extend more than four feet over the street right-of-way or property
line.
(3)
No sign shall exceed 10 feet in height or extend above the facade
of the building to which it is attached.
(4)
Interior sign coverage shall not exceed 30% of the glass area or
window in which it is displayed.
(5)
Freestanding signs are prohibited where the building is set less than 10 feet back from the property line, except an additional third sign, in addition to the two permitted signs above in § 100-52E(1), in the form of a "sandwich board" type of sign, placed on the sidewalk in front of the building containing the permitted use, not to exceed two feet by three feet in size for use during business hours only to advertise daily specials as an accessory to the primary use.
[Added 7-20-2022 by L.L.
No. 5-2022]
A.
MARIJUANA ESTABLISHMENT
MARIJUANA LOUNGE
MARIJUANA PRODUCTS
MARIJUANA RETAILER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A marijuana retailer or any other type of licensed marijuana-related
business, or any combination thereof at a single location.
An entity or individual licensed for the sale and on-site
consumption of marijuana products.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity or individual licensed to purchase and deliver
marijuana and marijuana products from marijuana establishments and
to deliver, sell or otherwise transfer marijuana and marijuana products
to marijuana establishments and to consumers.
B.
Findings. The Town of Lloyd finds that the orderly development of
commercial business is essential to maintaining and protecting the
health, safety and welfare of the residents of the Town. Businesses
which cater to adults should be located and regulated in order to
minimize the impact to residents.
C.
Purpose:
(1)
To provide for the placement of marijuana establishments in
appropriate places.
(2)
To minimize the adverse impacts of marijuana establishments
on residential neighborhoods, schools, and other places where children
commonly congregate.
(3)
To regulate the siting, design, placement, security, safety,
monitoring, and modification of marijuana establishments.
D.
Applicability. These regulations shall apply to all structures and
uses of retail sales and/or consumption lounges where marijuana can
be purchased or consumed.
(1)
No marijuana establishment shall be established except in compliance
with the provisions of this chapter.
(2)
When a marijuana establishment is created in an existing building,
regardless of prior site plan (including approval for retail sales
on the property), that establishment will apply to the Planning Board
for special use permit/site plan approval for that use.
(3)
Location. A marijuana establishment may be located in those
zones indicated in the Use Table (Attachment 1).
E.
Special permit approval criteria.
(1)
All marijuana establishments shall be contained within a building
or structure.
(2)
The hours of operation of marijuana establishments shall be
set by the special permit granting authority, which shall be the Planning
Board.
(3)
Marijuana establishments shall not be located within a 500-foot
radius from:
(a)
Any school pre-k through 12;
(b)
Any day-care center, or any facility where children commonly
congregate. A facility is not, however, limited to a building. A "facility
where children commonly congregate" includes, but is not limited to,
facilities in which children gather for particular purposes in a structured
and scheduled manner, or which are dedicated to the use by children,
such as playgrounds, youth service programs, day-care centers, youth
sports facilities, dance schools, and gymnastic schools;
[1]
Exception: The Hudson Valley Rail Trail is not
included in the restrictions noted above.
(c)
Any other marijuana establishment;
(d)
Any drug or alcohol rehabilitation facility;
(e)
Any correctional facility, half-way house or similar facility.
(f)
Any building containing a place of worship.
(4)
No marijuana establishment shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories.
(5)
Marijuana establishments shall be located within a permanent
building and may not be located in a trailer, cargo container, motor
vehicle or other similar nonpermanent enclosure.
(6)
No outside storage of marijuana, related supplies or promotional
materials is permitted.
(7)
No smoking or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a marijuana retailer. No burning of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a marijuana retailer.
F.
Site plan review shall be required along with special use permit and shall include appropriate elements from § 100-53 of this Town of Lloyd Code.
