No building or structure to be occupied for one or more of the following purposes or for similar special occupancies shall hereafter be erected, nor shall an existing building or structure or premises not used for one or more or such enumerated uses prior to the adoption of this chapter hereafter be altered or converted to such use or altered or converted from one to another of such enumerated uses, except by permission of the Planning Board in accordance with the provisions of §
475-53 and such other safeguards and conditions which the Planning Board may impose. The Planning Board may withhold such permission in its absolute discretion since the following uses are, by their very nature, deemed to be potentially hazardous or injurious to the health, safety and welfare of the citizens of the City of Middletown (and such uses, if allowed by the Planning Board, may only be allowed in an I-2 Heavy Industrial District or I-3 Heavy Industrial Restricted District.
Ammonia, chlorine or bleaching powder manufacture
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Atomic research or radioactive materials
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Auto or vehicle wrecking yards
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Boiler making
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Crematory
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Cooperage
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Distillation of coal, wood or bones
|
Dry-dyeing establishments
|
Dumps, incinerators or reduction works, or recycling
establishments, or sewage and sludge treatment plants; solid waste
establishments or solid waste transfer stations are allowable only
on City-owned property [Amended 2-21-2006]
|
The manufacture, sale or storage of explosives
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Fat rendering
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Fertilizer manufacture
|
Bulk fuel storage
|
The manufacture, sale or storage of gas, including
bottled gas and propane
|
Glue, size and gelatin manufacture
|
Liquid petroleum gas distributing stations
|
Oilcloth or linoleum manufacture
|
Paint, oil, varnish or turpentine manufacture
|
Petroleum refining or storage
|
Pyroxylin manufacture
|
Rags and waste: sorting or storage
|
Rawhide or skins: storage, curing or tanning
|
Saw or planing mill
|
Slaughtering of animals
|
Soap manufacture
|
Starch, glucose or dextrine manufacture
|
Stockyards
|
Sulfurous, sulfuric, nitric or hydrochloric
acid manufacture
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Tallow, grease or lard manufacture or refining
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Tar distillation or manufacture
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Tar roofing or tar waterproofing manufacturing
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[Amended 11-1-2011; 12-20-2011]
A. Outside vending machines such as soda and beverage
machines, other self-service machines, and coin-operated, credit card-
or telephone card-operated telephones and telephone booths or any
other similar structures, apparatuses or devices located on the outside
of any building (whether freestanding or attached to said building)
shall not be permitted in any zoning district except by special permission
and at the discretion of the Planning Board, and subject to such conditions,
restrictions and safeguards as may be deemed necessary by said Planning
Board.
B. Such vending machines, self-service machines and coin-operated,
credit card- or telephone card-operated telephones and telephone booths
in existence without permission of the Planning Board at the date
of this chapter shall, at the expiration of three months from such
date, become a prohibited and nonconforming use and shall be discontinued
immediately.
C. Donation
bins, sheds and boxes.
(1) Bins,
sheds and boxes for the deposit of donated shoes and clothing, and
any other similar structures, apparatuses or devices located on the
outside of any building (whether freestanding or attached to said
building) shall not be permitted in any zoning district within the
City of Middletown.
(2) Any such bins, sheds and boxes for the deposit of donated shoes and clothing, and any other similar structures, apparatuses or devices located on the outside of any building (whether freestanding or attached to said building) in existence as of the date of the adoption of this §
475-29C shall, as of March 30, 2012, become a prohibited and nonconforming use and shall be discontinued immediately.
Nothing in this chapter shall restrict the construction or use of underground or overhead distribution conduits of public utilities operating under the laws of the State of New York and regulated by the Public Service Commission of the State of New York, except for antenna, antenna accessory structures and towers. Public utility buildings and electrical substations are permitted in a residential district only when the location within such district is necessary for the furnishing of service to customers, and provided that no business offices, warehouses, construction or repair shops or garage facilities are included, and provided that the Planning Board approves such application in accordance with the provisions of §
475-53.
No housing complex (including multiple dwellings),
shopping center or industrial park or any other use shall be constructed
unless such plans shall meet all of the requirements of this chapter
and unless said plans are reviewed by the Planning Board and approved
by the Planning Board, if the zone in which such use is contemplated
requires site plan approval of the particular use by the Planning
Board, and no lots or buildings shall be sold, leased or used pursuant
to said plans until approved.
See also Chapter
394, Signs. No signs or announcements in any residential districts for home occupations, or "For Sale" or "For Rent" or "For Lodging," shall be permitted unless they meet the following conditions:
A. The sign shall not be more than 18 inches long and
not more than 12 inches wide.
B. The sign shall not project more than 24 inches beyond
that portion of the building or porch which faces the street, and
in no event shall the sign project beyond the property line.
C. Should any sign be illuminated, all illuminating devices
shall be confined and contained within the sign itself and no exterior
lights can be used.
D. All such signs in existence without permission from
the Planning Board or the Commissioner of Public Works at the date
of this chapter shall, at the expiration of six months from such date,
become a prohibited and nonconforming use and shall be discontinued.
[Amended 6-14-2004]
Wherever there is an established building line
which is behind the minimum setback lines required in any district
in this chapter, all buildings newly erected or reconstructed shall
be set back so that the front of said buildings shall be in line with
the established building line on the subject street and block, or
as otherwise determined by the Planning Board.
Any property which may hereafter be annexed
to the City of Middletown shall automatically be zoned R-1 One-Family
Residential District, unless specifically otherwise zoned by ordinance
or resolution of the Common Council.