Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of Austerlitz, NY
Columbia County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
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.
(3) 
Land clearing and/or excavation in excess of the thresholds set forth in § 195-24.
(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
NOTES:
1
See Article VI.
2
See Article VII.
3
See Article VII.
4
The symbol "SPR" means site plan review and approval is required from the Planning Board.
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.
F. 
Telecommunications towers. See § 195-21.
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.