A.
Use requirements.
(1)
No building or premises shall be erected, altered or used in any zoning district except in accordance with Table I, Schedule of Use and Bulk Requirements. The general regulations affecting the use of buildings, structures and land for each of the zoning districts established in Article III are set forth in Table I, entitled "Table of General Use and Bulk Requirements."
(2)
The notations shown on the Table of General Use and Bulk Requirements shall have the following meaning:
P = Permitted Use |
SUP = Special Use |
Y = Yes |
N = No |
Min = Minimum |
Max = Maximum |
B.
Effect of use regulations. Where this Zoning Chapter imposes a greater restriction on the use of building or land or on the height of buildings or requires larger open spaces or imposes any higher standards than are imposed or required by any other statute, law, ordinance, rule or regulation, or by any easement, covenant, or agreement, the provisions of this Zoning Chapter shall control.
C.
Accessory uses and structures. Accessory uses and structures shall be compatible with the principal use of the lot on which same may be situated, and an accessory use or structure shall not be established prior to the establishment of a principal use on the same lot.
D.
Railroad use. A railroad line, right-of-way, and its accessory structures in existence on the effective date of this Zoning Chapter is deemed to be a special use allowed in any district in which the railroad line is presently located. Nothing herein shall be construed to allow any expansion of a railroad line or use without a special use permit and site plan approval by the Planning Board unless said review and approval is preempted by applicable federal law or federal regulations.
E.
Prohibited uses. The following uses are deemed to be prohibited uses in any zoning district in the Town of Tuxedo:
(1)
Manufacturing uses involving primary production of the following products from raw materials:
(a)
Asphalt, cement, charcoal and fuel briquettes.
(b)
Chemicals such as: aniline dyes; ammonia; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol nitrates; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; and hydrochloric, nitric, phosphoric, picric, and sulfuric acids.
(c)
Coal, coke and tar products, including gas manufacturing; explosives; fertilizers; gelatin, glue and size, or other animal rendering.
(d)
Linoleum and oilcloth, matches, paints, varnishes and turpentine.
(e)
Rubber (natural and synthetic); soaps, including fat rendering; starch.
(2)
Uses involving the following processes: nitrating of cotton or other materials; milling or processing of flour, feed or grain; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil; distillation of wood or bones; reduction and processing of wood pulp and fiber, including paper mill operations.
(3)
Operation of stockyards and slaughterhouses, grain elevators and slag piles.
(4)
Aboveground bulk or wholesale storage of gasoline.
(5)
Dumps and junkyards.
(6)
Incineration of waste materials.
(7)
Any disposal of septic or sewage wastes on any property, whether or not owned by the disposer unless pursuant to a system of facility that has been approved by the Orange County Department of Health such as an inground septic system.
(8)
Amusement parks, circuses, outdoor concerts or entertainment events, carnivals and related activities, except for a temporary period by approval of the Town Board. Said uses are allowed by special use permit in the Tourism Business district, and in other locations explicitly approved by the Town Board.
(9)
Aggregate processing, except in connection with a clearing, filling and grading permit, site plan or subdivision approval granted by the Planning Board or Town Board related to on-site construction of uses and development otherwise allowed by the Zoning Chapter and approved by either board.
(10)
Temporary or permanent outdoor storage, unless related to an active construction project for which the CEO has granted a building permit or a clearing, filling and grading permit, or accessory to a principal use allowed in the applicable zoning district and approved in accordance with the regulations of this Zoning Chapter.
(11)
Any other use, whether specified above or not, that does not conform to the performance standards contained in § 98-42 of this Zoning Chapter, that is of such a nature as to be detrimental to neighboring properties by reason of emission of odor, dust, refuse matter, garbage, smoke vibration, gas, noise, or any other factor that is dangerous to the comfort, peace, enjoyment, health or safety of the area or the community.
[1]
Editor's Note: Said table is included as an attachment to this chapter.