Town of Lloyd, NY
Ulster County
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Table of Contents
Table of Contents
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.
B. 
The lot containing the accessory apartment contains the minimum acreage for the zoning district as set forth in the Dimensional Table.[2]
[2]
Editor's Note: The Dimensional Table is included at the end of this chapter.
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.
G. 
Off-street parking shall be provided in accordance with § 100-29.
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.
[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.
A. 
The purpose of this section is to provide for a new type of residential dwelling unit development for persons who are at least 62 years of age or older:
(1) 
Such residential dwelling units to provide a continuum of accommodations and care, including at least the following three components:
(a) 
Independent living;
(b) 
Enriched housing or adult home; and
(c) 
Nursing care units; and
(2) 
Which provides continuing care as an integral part of the residential development.
B. 
Continuing care retirement communities shall be allowed by special use permit in the R-1/4, R-1/2, R-1, R-2, TND and MUD Districts, subject to the following conditions:
(1) 
A continuing care retirement community (CCRC) must be age restricted, must include independent living units in single-family, two-family or multifamily structures and must also include enriched housing or adult home units and nursing care units.
(2) 
The CCRC shall also include facilities and arrangements for providing continuing care and meals for residents, with or without common dining facilities, and may involve accessory services customarily incidental to a continuing care retirement community.
(3) 
A CCRC use shall be designed and intended to and shall offer or provide, at a minimum, services to meet the daily physical needs of elderly persons, as follows:
(a) 
Medical care.
(b) 
Service of three meals a day.
(c) 
Maid and cleaning service for individual dwelling units.
(d) 
Regular local transportation to and from community facilities and shopping areas.
(e) 
Janitorial service of common areas and maintenance of facility grounds.
(4) 
The combined number of enriched housing, adult home and nursing care units shall not be less than 25% nor more than 60% of the total number of independent living units.
(5) 
There shall be a variety of design, architectural styles, and setbacks for the purpose of presenting an aesthetically desirable overall effect over the entire development with varied elevations and appearances and without excess uniformity.
(6) 
Age group design. In addition to the standards and criteria set forth above, a CCRC shall be designed especially for persons who are at least 62 years of age or older, incorporating necessary safety and convenience features. In general, the site amenities are more critical than for multifamily projects, since residents will spend nearly all their time at the complex. Yards and passive recreation areas shall be fully landscaped. There shall be yards and court areas for a variety of passive activities. Safety must be emphasized in the design. Particular attention shall be given to pedestrian use. Vehicular circulation drives shall be separated from pedestrian walks. Full compliance with all state and federal accessibility requirements, including the Americans with Disability Act, is also required.
C. 
Compliance with state law. Any applicant for CCRC development shall comply with the applicable provisions and procedures dictated by Article 46 of New York State Public Health Law.
D. 
Additional requirements. A certificate of occupancy may be issued upon the completion of each primary building, provided that the installation of all utilities, sidewalks, parking areas, roads and landscaping affecting the particular structure is satisfactory and has met all requirements as herein specified.
(1) 
Parking areas. Each required parking space shall be 10 feet wide and 20 feet long with a minimum aisle width of 22 feet, in compliance with ADA access regulations. The slopes in parking areas shall be no more than 5%.
(a) 
One space per independent living unit.
(b) 
One space per two independent living units for visitor parking.
(c) 
One space per two enriched housing or adult home units.
(d) 
One space per six nursing home beds.
(e) 
One space per employee on maximum shift.
(2) 
Driveway widths shall not be less than 12 feet in one direction of travel or 22 feet in dual direction of travel. Driveway slopes shall be no more than 8%. Such driveways may be placed as connectors to the perimeter roadway provided for general access to the facility. Ingress or egress in the rear of the property or on either side of the property may be used as a common passage to parking or to a garage or the central parking area so provided. In addition thereto, there shall be a safety and buffer area of not less than 30 feet in width separating the main entrance of each building from any driveway or parking area to provide a landscaped or paved area for pedestrian use which connects each residential building with the public street. Sidewalk widths shall be five feet minimum. Sidewalk slopes shall be 5% maximum. There shall be no steps in the walkways.
(3) 
No perimeter roadway within the complex shall be less than 28 feet. Where a cul-de-sac is provided, a diameter of not less than 90 feet shall be required.
(4) 
The developer or developers, sponsor or sponsors, owner or owners of any CCRC shall make proper and adequate provisions for the installation of roads, drives, walkways, parking facilities, water, sewerage and drainage facilities and such other desirable and necessary facilities in accordance with the requirements of the Planning Board or other municipal authority or agency having jurisdiction, control and supervision over the respective requirements herein mentioned. Public water and sewer is not required outside municipal water and sewer districts, and private systems may be installed upon authorized approvals from public authorities and the Town Planning Board. The installation of any and all improvements herein required shall be the responsibility of the owner, owners, developer, developers, sponsor or sponsors, and no building permit shall be issued unless and until the owner, owners, developer, developers, sponsor or sponsors shall, in accordance with the applicant, post the necessary bond to secure the installation of all site improvements necessary, including fire hydrants as may be required by the Fire Department.
(5) 
In any CCRC development, all public utilities on the site, including but not limited to electrical wires, cable TV wires, telephone wires, sewerage pipes, gas and water lines, shall be installed beneath the surface of the ground.
(6) 
No building or part hereof shall be erected more than 300 feet in clear distance from a street or roadway. Any building, driveway or perimeter road must be set back at least 100 feet from the front yard of the property, 50 feet from the side yard of the property, and 50 feet from the back yard of the property.
(7) 
No building or part thereof shall be erected more than 300 feet in clear depth from a fire hydrant located either on a street bounding the lot or project of which the building is a part or located within the lot or project area itself.
(8) 
No portion of the building below the first story shall be used for dwelling purposes.
(9) 
Owners of CCRCs shall be responsible for the collection and disposal of garbage, recycling and refuse.
(10) 
Maximum total density shall not exceed 12 beds or four dwelling units per acre.
(11) 
Maximum building coverage shall be 15% of the site area. Maximum lot coverage shall be 45% of the site area.
(12) 
Distance between buildings. No building shall be located closer to another building than the height of the taller building, but in no event less than 25 feet.
(13) 
All structures shall be limited to four stories in height.
(14) 
Minimum lot size for a CCRC shall be 35 acres.
(15) 
There shall be no parking permitted on the access drives.
(16) 
Documentation. Prior to site plan approval for CCRC use, appropriate deed restrictions limiting the use of the property to the approved uses, as defined, shall be prepared by the applicant, reviewed for compliance by the Planning Board and recorded in the County Hall of Records.
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:
(a) 
The full name of the manufactured home owner and principal occupant.
(b) 
The make, model, year and size of the manufactured home.
(c) 
The state and number of vehicle registration.
(d) 
The number and date of site rental and/or vacancy.
(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]
(a) 
Determine the buildable acreage of the parcel(s) in accordance with § 100-13A of this chapter.
(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.
(a) 
All structures of any manufactured home park shall be set back a minimum of 75 feet from all adjoining property lines.
(b) 
Fifteen feet is the minimum setback that shall be maintained from all other boundaries of any individual manufactured home site and also accessory buildings.
(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:
(a) 
Connect individual manufactured home sites, park roadways and community facilities.
(b) 
Provide for pedestrian circulation along all park roadways (minimum width: 3 1/2 feet).
(c) 
Connect manufactured homes to common walks, driveways, parking areas or park roadways (minimum width: two feet).
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.
(a) 
No space heating equipment or portable fuel-burning equipment shall be used in any unvented, confined enclosure.
(b) 
In all service buildings, heating facilities shall be capable of maintaining sufficient hot water for all lavatory and laundry fixtures.
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.
(a) 
The internal finish material of any common laundry facility shall be capable of withstanding frequent washing and cleaning.
(b) 
Any common laundry facility shall be provided with a suitably screened outdoor drying yard.
(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.
100 Fig 23-9.tif
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.
100 Multifamily Dwelling left.tif 100 Multifamily Dwelling right.tif
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.
(e) 
Off-street parking shall be provided in accordance with § 100-29 of this chapter.
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.
E. 
The project shall comply with § 100-30, Design standards and guidelines for business districts, of this chapter.
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.