No structure or land shall be used except as provided in the
Allowable Use Groups Chart below. Uses which are not permitted are
prohibited.
A.
In the following Allowable Use Groups Chart, the symbol "A" means the use is allowed as of right, the symbol "SP" means the use requires a special permit, the symbol "X" means the use is not allowed in that particular district, and the symbol "THP" means a timber harvesting permit issued by the Code Enforcement Officer pursuant to § 195-25. Timber harvesting permits do not require site plan review.
B.
The following shall be subject to the site plan review provisions of Article VIII of this chapter:
[Amended 5-18-2017 by L.L. No. 1-2017]
(1)
All business group uses.
(2)
All community group uses.
(4)
All uses requiring a special use permit.
|
Allowable Use Groups Chart
| ||||
|---|---|---|---|---|
|
A-HM
|
S-HM
|
RR
| ||
|
Business Use Group
| ||||
|
Artist studio/craft workshop
|
SP
|
SP
|
SP
| |
|
Automotive repair station
|
SP
|
SP
|
SP
| |
|
Automotive towing service
|
SP
|
SP
|
SP
| |
|
Bed-and-breakfast establishment
|
SP
|
SP
|
SP
| |
|
Cabins/cottages
|
SP
|
SP
|
SP
| |
|
Campground
|
X
|
X
|
SP
| |
|
Construction and lawn care businesses
|
SP
|
SP
|
SP
| |
|
Day-care center
|
SP
|
SP
|
SP
| |
|
General office
|
SP
|
SP
|
SP
| |
|
Heavy equipment yard
|
SP
|
X
|
SP
| |
|
Industry, light
|
SP
|
X
|
SP
| |
|
Inn
|
SP
|
SP
|
SP
| |
|
Kennel
|
X
|
X
|
SP
| |
|
Mining
|
SP
|
X
|
SP
| |
|
Nursery/greenhouse
|
SP
|
SP
|
SP
| |
|
Personal service business
|
SP
|
SP
|
SP
| |
|
Professional office
|
SP
|
SP
|
SP
| |
|
Recreational business
|
SP
|
X
|
SP
| |
|
Restaurant
|
SP
|
SP
|
SP
| |
|
Retail business
|
SP
|
SP
|
SP
| |
|
Retreat or conference center
|
X
|
X
|
SP
| |
|
Sawmill
|
X
|
X
|
SP
| |
|
Self-storage facility
|
SP
|
SP
|
SP
| |
|
Telecommunications towers
|
X
|
X
|
SP
| |
|
Theater
|
SP
|
SP
|
SP
| |
|
Timber harvesting, commercial1
|
THP
|
THP
|
THP
| |
|
Warehouse
|
SP
|
SP
|
SP
| |
|
Wind turbines
|
SP
|
SP
|
SP
| |
|
Agricultural Use Group
| ||||
|
Agricultural use
|
A
|
A
|
A
| |
|
Residential Use Group
| ||||
|
Agricultural use
|
A
|
A
|
A
| |
|
Bed-and-breakfast home
|
SP
|
SP
|
SP
| |
|
Day-care homes, family
|
A
|
A
|
A
| |
|
Day care, family group
|
SP
|
SP
|
A
| |
|
Dwelling, accessory unit
|
A
|
A
|
A
| |
|
Dwelling, multifamily
|
SP
|
SP
|
SP
| |
|
Dwelling, single-family
|
A
|
A
|
A
| |
|
Dwelling, two-family
|
A
|
A
|
A
| |
|
Dwelling, upper-floor apartments
|
SP
|
SP
|
SP
| |
|
Home occupation: Level 12
|
A
|
A
|
A
| |
|
Home occupation: Level 23
|
SP
|
SP
|
SP
| |
|
Senior housing
|
SP
|
SP
|
SP
| |
|
Community Use Group
| ||||
|
Cemetery
|
SP
|
SP
|
SP
| |
|
Educational use
|
SP
|
SP
|
SP
| |
|
Library
|
SP
|
SP
|
SP
| |
|
Lodge or club
|
SP
|
SP
|
SP
| |
|
Municipal use
|
A
|
A
|
A
| |
|
Public safety
|
SP
|
SP
|
SP
| |
|
Religious institution
|
SP
|
SP
|
SP
| |
|
Land Conservation Use Group
| ||||
|
Active recreation
|
SP
|
SP
|
SP
| |
|
Passive recreation
|
A
|
A
|
A
| |
|
Solar Energy Use Group
| ||||
|
Ground-mounted solar energy system
|
SPR4
|
SPR4
|
SPR4
| |
|
Large-scale solar energy system
|
X
|
X
|
X
| |
|
Roof-mounted solar energy system
|
A
|
A
|
A
| |
In addition to the general criteria for review of a special use permit application and for site plan review, the following criteria and standards shall be met. Additional screening may be required under Article VIII, Site Plan Review, of this chapter:
A.
Retail and personal business uses throughout the Town may be established
in one or more structures, not to exceed a total of 5,000 square feet.
B.
Business group uses (except for retail and personal business uses)
may be established in one or more structures, not to exceed a total
of 10,000 square feet on a single lot. A structure larger than 10,000
square feet that exists at the effective date of this chapter shall
be considered a nonconforming use and may not be enlarged without
obtaining an area variance.
C.
Warehouse uses may only be built along state or county roads.
D.
Automotive repair station and automotive towing service uses.
(1)
No more than four unlicensed vehicles may be parked or stored outside
of any enclosed structure.
(2)
In the A-HM and S-HM Districts, all buildings shall have a minimum
fifty-foot setback from side and rear yard property lines.
(3)
In all districts, the uses shall be designed to minimize aesthetic
impacts to surrounding properties by fencing, landscaping or other
appropriate screening measures.
E.
Sawmills. Hours of operation shall not extend beyond 7:00 a.m. to
6:00 p.m.
G.
Construction and lawn care businesses. In the A-HM and S-HM Districts,
construction and lawn care businesses shall be limited to the outdoor
storage of two trucks and two trailers and any associated equipment
stored on the trailers. All other equipment must be stored indoors
or within a fenced or screened yard.
H.
Mining: permits for mining not subject to state jurisdiction. Mining
activities that require a permit from the New York State Department
of Environmental Conservation pursuant to the Mined Land Reclamation
Law (Environmental Conservation Law § 23-2701 et seq.) are
prohibited throughout the Town of Austerlitz. Mining of overburden
and earth of more than 100 cubic yards but less than 750 cubic yards
or 1,000 tons, whichever is less, within 12 consecutive months is
permitted in the A-HM and RR Districts, subject to a special use permit.
Mining of less than 100 cubic yards within 12 consecutive months does
not require approval from the Town. In determining whether to grant
or deny such a permit application, the Planning Board shall consider
all of the following conditions:
(1)
The mining operation and operations accessory thereto may not be
detrimental to the appropriate and orderly development of any district
in which they are situated or impair the value thereof.
(2)
The proposed operation shall not contribute to soil erosion by water
and/or wind, nor shall it adversely affect soil fertility, drainage
and lateral support of abutting land or other properties. Noise, smoke,
dust, odor and other potential hazards shall be controlled.
(3)
All mining operations and operations accessory thereto shall be made
only in accordance with approved plans. These plans shall show the
location of the site and its relation to neighboring properties and
roads within 500 feet of the site; delineation of all bodies of water,
including wetlands, streams and ponds within 100 feet of the area
to be excavated; existing slopes; proposed slopes after excavation;
proposed level of any impounded water; plans for erosion control;
and location of access drives to the site.
(4)
No excavation shall be closer than 300 feet to any road line or other
property line. No excavation shall be closer than 500 feet to the
boundary line of a zoning district within which mining is not permitted.
(5)
The final slope of any excavated material shall not exceed the normal
limiting angle of repose of such material except where a suitable
retaining wall, as shown on approved plans, is built to provide lateral
support.
(6)
Fences, barricades, landscaped berms and screening may be required.
(7)
Hours of operation shall not extend beyond the hours of 7:00 a.m.
to 6:00 p.m.
(8)
Processing of the excavated material shall be limited to washing,
separating or grading.
(9)
A reclamation plan which describes the operations that are the responsibility
of the permit applicant to reclaim the land to be mined over the life
of the mine. The reclamation plan shall include maps, plans, the schedule
for reclamation, written material and other documents as required
by the Planning Board.
(10)
A performance bond may be required in an amount and form to
be determined by the Planning Board, insuring conformance to approved
plans and all applicable regulations, including, but not limited to,
reclamation costs. The Planning Board shall set a reasonable time
limit for such bond, not to exceed five years, except in the case
of continuing excavation operations, where a bond must be renewed
or extended with the permit renewal, or in the case of ceased operations,
where a bond must be renewed or extended to cover the life of the
implementation of the reclamation plan.
(11)
The Planning Board may require the applicant to submit road
preservation or damage mitigation plans. Such plans shall include
procedures to be required to avoid or minimize excess wear and tear
or damages to any Town roads.
