Town of Tusten, NY Article IV District Regulations

§ 300-4.0 Schedule of district regulations.

A. The restrictions and controls intended to regulate development in each district are set forth in the schedule of district regulations presented below, which is supplemented by other sections of this chapter. Any use identified as a principal permitted use shall be permitted as a matter of right upon application to the Code Enforcement Officer, provided the proposed use is in compliance with this chapter. Special uses are subject to Planning Board approval and, specifically, site plan review as prerequisites to the Code Enforcement Officer issuing a permit for their establishment.

B. In accordance with § 300-4.2 of this chapter, any use not specifically set forth as a permitted use, accessory use, or special use in any district shall be expressly prohibited in that district. See Article XIV of this chapter, regarding certain uses that are explicitly prohibited anywhere and everywhere throughout the Town. Other uses, e.g., mass gatherings, may be regulated separately by the Town Board. Uses defined in § 300-8.0 of this chapter involving the initial or cumulative disturbance of 43,560 square feet or more of soil surface area or any use involving the initial or cumulative construction, installation and/or replacement of 21,780 square feet or more of buildings, structures or other impervious surface areas require a special use permit in all zoning districts. Special use permit is required in all zoning districts for clear-cutting greater than one acre pursuant to § 300-6.19.

[Amended 9-13-2022 by L.L. No. 1-2022]

Scenic River District - SR

[Amended 9-13-2022 by L.L. No. 1-2022]

Intent: the SR - Scenic River District is intended to complement the Upper Delaware Scenic and Recreational River (UDSRR) corridor as defined and designated as a "Scenic Segment" in the November 1986, Upper Delaware Final River Management Plan (RMP) prepared by the Conference of Upper Delaware Townships in cooperation with the National Park Service. This District is further intended to preserve the scenic character of the corridor which is presently undeveloped.

Principal Permitted Uses	Accessory Uses	Special Uses1	Development Standards
One-family dwelling units on slopes of 10% or less	Accessory dwelling	One-family dwelling units on slopes greater than 10%	The following minimum standards shall be applicable to all uses unless otherwise regulated by this chapter: Lot area: 5 acres Lot width: 300 feet Minimum river and road frontage: 300 feet (each) Minimum yard dimensions: Front yard: 50 feet Side yard: 35 feet Rear yard: 50 feet Maximum permitted building height: 35 feet Lot clearing (max): 20% Lot coverage: 10% maximum; also see River Management Plan (RMP)
Campsite, tent	Campsite, tent	Agribusiness; agricultural; on-site processing
Commercial	Commercial	Agricultural; farm operations
Forest management2	Cemetery, private	Bed-and-breakfast establishment
Wildlife management	Carport	Campgrounds, scenic
	Customarily accessory uses (i.e., deck, patios, outdoor fireplace; see definition)	Cemetery
	Enclosed storage	Clear-cutting2
	Farmstand (seasonal)	Day-care center
	Greenhouse, private	Farmer's market
	HBHO	Farmstand, year-round
	Keeping of not more than 3 dogs over 4 months old	Greenhouse, commercial
	Private garage	Group homes
	Private stable	Hunting, fishing, sportsmen club
	Private swimming pool	Hunting preserve
	Satellite dish antennas accessory to a residential structure	Nursery, commercial
	Shed	River access facility
	Signs in association with an approved use
	Small-scale solar energy system

Notes:
1	Special uses are additionally subject to site plan review by the Town of Tusten Planning Board.
2	See § 300-6.6B.

Recreational River District - RR

[Amended 7-11-2017 by L.L. No. 4-2017; 9-13-2022 by L.L. No. 1-2022]

Intent: the RR - River District is intended to complement the Upper Delaware Scenic and Recreational River (UDSRR) as defined and designated as "recreational segment" in the November 1986, Upper Delaware Final River Management Plan (RMP) prepared by the Conference of Upper Delaware Townships in cooperation with the National Park Service. This District is further intended to preserve the scenic character of the corridor which is presently undeveloped.

Principal Permitted Uses	Accessory Uses	Special Uses1	Development Standards
One- and two-family dwelling units on slopes of 10% or less	Accessory dwelling	One- and two-family dwelling units on slopes greater than 10%	The following minimum standards shall be applicable to all uses unless otherwise regulated by this chapter: Lot area: 3 acres Lot width: 300 feet Minimum river or road frontage: 300 feet Minimum yard dimensions: Front yard: 50 feet Side yard: 35 feet Rear yard: 50 feet Maximum permitted building height: 35 feet Lot clearing: maximum 20% Lot coverage: maximum 10%; also see River Management Plan (RMP)
Campsite, tent	Campsite, tent commercial	Day-care center
Commercial farmstand, seasonal	Carport	Agribusiness
Forest management2	Customary accessory uses	Agricultural; farm operations
Wildlife management	Essential services	Agricultural; on-site processing
	Enclosed storage	Bed-and-breakfast establishment
	Greenhouse, private	Campground or RV park
	HBHO	Campground, scenic
	Keeping of not more than 3 dogs over 4 months old	Cemetery
	Private garage	Clear-cutting2
	Private stable	Commercial recreation
	Private swimming pool	Farmers market, seasonal
	Satellite dish antennas accessory to a residential structure	Farmstand, year-round
	Shed	Greenhouse, commercial
	Signs in association with an approved use	Group home
	Small-scale solar energy system	Hunting/fishing/sportsmen club
	Cemetery, private	Hunting preserve
		Large-scale solar energy system
		Public uses
		River access facility
		Sawmill
		Small hotel or motel
		Value-added wood processing

Notes:
1	Special uses are additionally subject to site plan review by the Town of Tusten Planning Board.
2	See § 300-6.6B.

Rural Residential District - R1

[Amended 7-11-2017 by L.L. No. 4-2017; 9-13-2022 by L.L. No. 1-2022]

Intent: the R1 - Rural Residential District is intended to provide for low-density residential development in combination with compatible commercial activities appropriate to rural areas of the Town of Tusten.

Principal Permitted Uses	Accessory Uses	Special Uses1	Development Standards
One- and two-family dwelling units on slopes of 15% or less	Accessory dwelling	One- and two-family dwelling units on slopes greater than 15%	The following minimum standards shall be applicable to all uses unless otherwise regulated by this chapter: Lot area: 3 acres Lot width: 300 feet Minimum river and road frontage: 300 feet (each) Minimum yard dimensions: Front yard: 50 feet Side yard: 35 feet Rear yard: 50 feet Maximum permitted building height: 35 feet Lot clearing maximum: 20% Lot coverage maximum: 43,560 square feet or 25%, whichever is less
Agriculture or farm operation	Campsite, tent	Agribusiness
Campsite, tent	Commercial	Agricultural on-site processing
Commercial farmstand, seasonal	Carport	Automotive, vehicle and equipment sales
Flea market (seasonal)	Cemeteries, private	Bed-and-breakfast establishment
Forest management2	Customary accessory uses	Campground or RV park
Places of worship	Enclosed storage; PODS®	Campground, scenic
Public school	Greenhouse, private	Cemetery
Public uses	HBHO	Clear-cutting2
Studio	Keeping of not more than 5 dogs at least 4 months old	Day-care center
Wildlife management	Private garage	Club
	Private stable	Commercial recreation
	Private swimming pool	Communications tower
	Satellite dish	Eating and drinking establishment
	Shed	Farmers market, year-round
	Signs in association with an approved use	Farmstand, year-round
	Small-scale solar energy system	Flea market, year-round
		Gasoline service station
		Fueling or charging station
		Greenhouse, commercial
		Group home
		Hunting; fishing; sportsmen's club
		Hunting preserve
		Kennel, commercial
		Large-scale solar energy system
		Light industry
		Manufactured home park
		Mineral extraction; mining
		Motel and hotel
		Motor vehicle repair
		Public utilities and facilities
		Recreational facility, public
		Retail shop
		Sawmills
		Seasonal residence
		Summer camp
		Value-added wood processing

Notes:
1	Special uses are additionally subject to site plan review by the Town of Tusten Planning Board.
2	See § 300-6.6B.

Rural Development District - R2

[Amended 7-11-2017 by L.L. No. 4-2017; 9-13-2022 by L.L. No. 1-2022]

Intent: the R2 - Rural Development District is intended to provide for moderate-density rural residential neighborhoods in combination with essential commercial support activities.

Principal Permitted Uses	Accessory Uses	Special Uses1	Development Standards
One- and two-family dwelling units on slopes of 15% or less	Accessory dwelling	One- and two-family dwelling units on slopes greater than 15%	The following minimum standards shall be applicable to all uses unless otherwise regulated by this chapter: Lot area: 3 acres Lot width: 300 feet Minimum river and road frontage: 300 feet (each) Minimum yard dimensions: Front yard: 50 feet Side yard: 35 feet Rear yard: 50 feet Maximum permitted building height: 35 feet Lot clearing: max. 20% Lot coverage: max. 43,560 square feet or 25%, whichever is less
Agriculture or farm operations	Campsite, tent commercial	Agribusiness
Campsite, tent commercial	Carport	Agricultural, on-site processing
Farmers market, seasonal	Cemetery, private	Automotive, vehicle and equipment sales
Farmstand, seasonal	Customary accessory uses	Bed-and-breakfast establishment
Flea market, seasonal	Enclosed storage	Campground or RV park
Forest management2	Farmers market, seasonal	Campground, scenic
Wildlife management	Greenhouse, private	Cemetery
	HBHO	Clear-cutting2
	Keeping of not more than 5 dogs at least 4 months old	Clubs
	Private garage	Communications tower
	Private stable	Commercial recreation
	Private swimming pool	Day-care center
	Satellite dish	Eating and drinking establishment
	Shed	Educational institution
	Signs in association with an approved use	Farmstand, year-round
	Small-scale solar energy system	Farmers market, year-round
		Flea market, year-round
		Gasoline service station
		Fueling or charging station
		Greenhouses, commercial
		Group home
		Hotel and motel
		Hunting club
		Large-scale solar energy system
		Light industry
		Motor vehicle repair
		Multiple-family dwelling
		Museum
		Public utilities and facilities
		Recreational facility, public
		Retail store
		Service establishment
		Studio
		Veterinary clinic
		Wholesale business or wholesale distribution
		Professional office
		Value-added wood processing

Notes:
1	Special uses are subject to site plan review by the Town of Tusten Planning Board.
2	See § 300-6.6B.

General Residential District - GR

[Amended 7-11-2017 by L.L. No. 4-2017; 9-13-2022 by L.L. No. 1-2022]

Intent: the GR - General Residential District is intended to provide for higher-density residential neighborhoods where public water and sewer infrastructure is available, along with other essential public services.

Principal Permitted Uses	Accessory Uses	Special Uses1	Development Standards
One- and two-family dwelling units on slopes of 15% or less	Accessory dwelling	One- and two-family dwelling units on slopes of greater than 15%	The following standards shall be applicable to all uses unless otherwise regulated by this chapter: Lot area: 15,000 square feet Lot width: 100 feet Minimum yard dimensions: Front yard: 40 feet Side yard: 25 feet Rear yard: 50 feet Maximum permitted building height: 28 feet Lot clearing: maximum 20% Lot coverage: maximum 25%
Forest management2	Carport	Clear-cutting2
Wildlife management	Customary accessory uses	Day-care center
Public uses	Enclosed storage	Ground-mounted solar panel
	Greenhouse, private	Multiple-family dwelling senior housing
	HBHO
	Keeping of not more than 3 dogs over 4 months old
	Private garage
	Private swimming pool
	Satellite dish antennas accessory to a residential structure
	Shed
	Small-scale solar energy system

Notes:
1	Special uses are additionally subject to site plan review by the Town of Tusten Planning Board.
2	See § 300-6.6B.

Roadside Business District - RB

[Amended 7-11-2017 by L.L. No. 4-2017; 9-13-2022 by L.L. No. 1-2022]

INTENT: The RB - Roadside Business District is intended to provide for commercial activity at relatively higher-density in areas with substantial highway access and public sewer services.

Principal Permitted Uses	Accessory Uses	Special Uses1	Development Standards
One- and two-family dwelling units on slopes of 15% or less	Accessory dwelling	Adult-oriented businesses	The following standards shall be applicable to all uses unless otherwise regulated by this chapter: Lot area: 20,000 square feet Lot width: 150 feet Minimum yard dimensions: Front yard: 40 feet Side yard: 25 feet Rear yard: 30 feet Maximum permitted building height: 35 feet Lot clearing: max. 50% Lot coverage: max. 65%
Forest management2	Carport	Agricultural, on-site processing
	Customary accessory uses	Agribusiness
	Enclosed storage; PODS®	Automotive, vehicle and equipment sales
	HBHO	Bed-and-breakfast establishment
	Keeping of not more than 3 dogs over 4 months old	Campground or RV park
	Signs in association with an approved use	Campground, scenic
	Satellite dish antennas accessory to a residential structure	Car wash
	Shed	Cemetery
	Small-scale solar energy system (only roof-mounted and building-integrated)	Clear-cutting2
	Private garage	Commercial parking
		Crematorium
		Day-care center
		Eating and drinking establishment
		Farmers market
		Flea markets
		Farmstand, year-round
		Fueling or charging station
		Gasoline service station
		Greenhouses, commercial
		Group home
		Hotel and motel
		Light industry
		Medical office
		Motor vehicle repair
		Multiple-family dwelling
		Multiple-occupant commercial building3
		Museum
		Professional office
		Recreational facility, tourist
		Retail shop
		Senior housing
		Service uses or establishments
		Studio
		Theater
		Wholesale business or wholesale distribution
		Veterinary clinic

Notes:
1	Special uses are additionally subject to site plan review by the Town of Tusten Planning Board.
2	See § 300-6.6B.
3	Street level units may only be used for commercial, nonresidential purposes.

Downtown Business District - DB

[Amended 9-13-2022 by L.L. No. 1-2022]

Intent: the DB - Downtown Business District is intended to accommodate existing high-density commercial activity located along Bridge, Main, and Fifth Streets and Erie Avenue adjacent thereto, higher-density residential development and associated service activities.

Principal Permitted Uses	Accessory Uses	Special Uses1	Development Standards
One- and two-family dwelling units on slopes of 15% or less	Carport	Bakeries	The following standards shall be applicable to all uses unless otherwise regulated by this chapter: Lot area: 20,000 square feet Lot width: 150 feet Minimum yard dimensions: Front yard: 40 feet Side yard: 25 feet Rear yard: 30 feet Maximum permitted building height: 35 feet Lot clearing: maximum 50% Lot coverage: maximum 65%
Arts, crafts and antique shops	Customary accessory uses	Bed-and-breakfast establishments
	Enclosed storage; PODS®	Commercial parking lot
	HBHO	Farmers market, year-round
	Keeping of not more than 3 dogs over 4 months old	Day-care center
	Satellite dish antennas accessory to a residential structure	Eating and drinking establishment
	Private garage	Farmstand, year-round
	Private stables	Flea market, year-round
	Signs in association with an approved use	Greenhouse, commercial
	Shed	Hotels
	Small-scale solar energy system	Light industry
		Mixed use2
		Museum
		Post office
		Professional office
		Recreational facility
		Retail shop
		River access facility
		Senior housing service establishment
		Studio
		Theater
		Wholesale business or wholesale distribution

Notes:
1	Special uses are additionally subject to site plan review by the Town of Tusten Planning Board
2	Street level units may only be used for commercial, nonresidential purposes.

§ 300-4.1 Applications of regulations.

A. Use requirements. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be divided, designed, used or intended to be used, for any purpose or in any manner other than as permitted in the district in which such building or land is located.

B. Bulk requirements. No building shall be erected, no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot and building regulations hereinafter designated for the district in which such building is located.

C. Yards and open space. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

D. Dwellings per lot. Except as specifically provided herein, and excluding preexisting nonconforming lots, no lot shall have on it more than one primary dwelling and one accessory dwelling.

[Added 7-11-2017 by L.L. No. 4-2017]

§ 300-4.2 Uses not specified in schedule of district regulations.

Any use not specifically set forth as a permitted use in any district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district.