The regulations intended to guide development in each zoning district are set forth in the following sections and schedules which are supplemented by other sections of this chapter.
Except as hereinafter provided:
A. 
No land or building shall hereafter be used, occupied, erected, moved or altered unless in conformity with the regulations hereinafter specified for the zoning district in which it is located.
B. 
No part of a yard or other open space required about any building shall be included as part of a yard or other open space similarly required for another building.
C. 
No off-street parking or loading space required for one building or use shall be included to satisfy, in whole or in part, the off-street parking or loading space required for another building or use, except as provided in Article VIII.
Any use not designated as a principal permitted use, a permitted accessory use, or a special permit use is specifically prohibited in the Village of New Paltz.
A. 
Water and sewer requirements. No building permit shall be issued for construction of a building or structure in the Village of New Paltz without provision for connecting the building site to the Village water distribution and sanitary sewer systems in accordance with the applicable regulations of the Village, the Ulster County Department of Health and any other governmental agencies having jurisdiction.
B. 
Cross-references.
[Amended 1-14-2015 by L.L. No. 3-2015]
(1) 
Section references in parentheses indicate specific regulations pertaining to a specific use.
(2) 
All uses require off-street parking as noted in Article VIII.
(3) 
All special permit uses are governed by regulations set forth for the particular use in Article VII. Where no regulation comparable to those contained in this schedule is established in Article VII for a particular use, the regulations for permitted uses in this schedule shall govern.
(4) 
Front, rear and side yard requirements may vary under special circumstances as provided in Article IV.
(5) 
Definitions of terms are contained in § 212-5.
[Amended 10-23-1996 by L.L. No. 7-1996; 3-12-1997 by L.L. No. 4-1997; 7-23-1997 by L.L. No. 18-1997; 8-27-1997 by L.L. No. 20-1997; by L.L. Nos. 26-1997; 9-1998; 5-12-1999 by L.L. No. 5-1999; 5-26-1999 by L.L. No. 6-1999; by L.L. Nos. 8-1999; 6-2000; 9-6-2000 by L.L. No. 8-2000; 12-12-2001 by L.L. No. 14-2001; 3-13-2002 by L.L. No. 5-2002; by L.L. No. 6-2002; 6-26-2002 by L.L. No. 9-2002; 10-9-2002 by L.L. No. 16-2002; 4-23-2003 by L.L. No. 3-2003; 1-4-2006 by L.L. No. 1-2006; 1-4-2006 by L.L. No. 3-2006; 4-29-2013 by L.L. No. 5-2013; 7-8-2013 by L.L. No. 7-2013; 12-11-2013 by L.L. No. 3-2014; 1-14-2015 by L.L. No. 3-2015]
This section sets forth use and density regulations by zoning district. Notwithstanding anything contained in the Village Code to the contrary, all uses, including principal permitted and accessory uses, are required to obtain an approved site plan in accordance with § 212-13, with the following exceptions that would only require a building permit: in-kind repairs and/or replacements; minor deviations from an approved site plan; aboveground pools under 325 square feet in size; fences; sheds with an area of less than 144 square feet, not exceeding 10 feet high, and without plumbing; porches/decks of less than 64 square feet.
A. 
R-1 Residence District.
(1) 
Principal permitted uses:
(a) 
One- and two-family detached dwellings.
(2) 
Permitted accessory uses:
(a) 
Home occupations (see § 212-28).
(b) 
Signs (see § 212-25).
(c) 
Home gardening but not the keeping or raising of fowl or farm animals.
(d) 
Other uses customarily incident to principal permitted uses on the same lot.
(3) 
Special permit uses:
(a) 
Nursing homes.
(b) 
Townhouses.
(c) 
Bed-and-breakfast facility.
(d) 
Essential services.
(e) 
Accessory uses customarily incident to principal permitted uses but not on same lot.
(f) 
Houses of worship and related residences.
(g) 
Educational use.
(h) 
Family-type home for adults.
(i) 
Senior citizen development.
(j) 
Hostel.
(k) 
Agency boarding home.
(4) 
Minimum lot size:
(a) 
One- or two-family dwellings: 15,000 square feet per dwelling unit.
(b) 
Senior citizen development: 5,000 square feet per dwelling unit.
(c) 
Other permitted uses: 15,000 square feet.
(5) 
Minimum lot width:
(a) 
All uses: 100 feet at building line.
(6) 
Maximum height:
(a) 
Permitted uses: 2 1/2 stories or 30 feet.
(7) 
Maximum lot coverage:
(a) 
All uses: 30%.
(8) 
Minimum yard dimensions:
(a) 
Front yards.
[1] 
Permitted uses: 50 feet.
(b) 
Rear yards.
[1] 
One- and two-family dwellings: 25 feet.
(c) 
Side yards.
[1] 
One- and two-family dwellings: 20 feet.
(9) 
Residential cluster development.
(a) 
In accordance with § 212-27.
B. 
R-2 Residence District.
(1) 
Principal permitted uses:
(a) 
One- and two-family detached dwellings.
(b) 
Nursery schools.
(c) 
Cultural facilities.
(d) 
Nonprofit or recreational use.
(2) 
Permitted accessory uses:
(a) 
Home occupations (see § 212-28).
(b) 
Signs (see § 212-25).
(c) 
Home gardening but not the keeping or raising of fowl and farm animals.
(d) 
Other uses customarily incident to principal permitted uses and on the same lot.
(3) 
Special permit uses:
(a) 
Houses of worship and related residences.
(b) 
Educational use.
(c) 
Townhouses.
(d) 
Multifamily dwellings.
(e) 
Family-type home for adults.
(f) 
Bed-and-breakfast facility.
(g) 
Essential services.
(h) 
Senior citizen development.
(i) 
Nursing homes.
(j) 
Hostel.
(k) 
Agency boarding home.
(l) 
Accessory use customarily incident to permitted uses but not on same lot.
(4) 
Minimum lot size:
(a) 
Residential uses: 7,260 square feet per dwelling unit containing a maximum of three bedrooms, plus 2,420 square feet for each additional bedroom per dwelling.
(b) 
Senior citizen development: 3,630 square feet per dwelling.
(5) 
Minimum lot width:
(a) 
All uses: 50 feet.
(6) 
Maximum height:
(a) 
Permitted uses: 2 1/2 stories or 30 feet.
(7) 
Maximum lot coverage:
(a) 
All uses: 30%.
(8) 
Minimum yard dimension:
(a) 
Front yards.
[1] 
Permitted uses: 25 feet.
(b) 
Rear yards.
[1] 
One- and two-family dwellings: 25 feet.
[2] 
Other permitted uses: 25 feet except where abutting a residence or residential district, then the Planning Board may require up to 50 feet of additional rear yard to provide adequate buffers and safeguards as to protect adjacent uses from nuisance characteristics.
(c) 
Side yards.
[1] 
One- and two-family dwellings: 12.5 feet per side.
[2] 
Other permitted uses: 12.5 feet per side except if abutting a residence or residential district, then the Planning Board may require up to 12.5 feet of additional space for each yard to protect adjacent uses from nuisance characteristics.
C. 
R-3 Residence District.
(1) 
Principal permitted uses:
(a) 
One- and two-family detached dwellings.
(b) 
Multifamily dwellings.
(c) 
Townhouses.
(d) 
Nursery schools.
(e) 
Cultural facilities.
(f) 
Nonprofit club or recreation use.
(2) 
Permitted accessory uses:
(a) 
Home occupations (see § 212-28).
(b) 
Signs (see § 212-25).
(c) 
Home gardening but not the keeping or raising of fowl and farm animals.
(d) 
Other uses customarily incident to principal permitted uses and on the same lot.
(3) 
Special permit uses:
(a) 
Houses of worship and related residences.
(b) 
Educational use.
(c) 
Essential services.
(d) 
Rooming house.
(e) 
Nursing home.
(f) 
Senior citizen development.
(g) 
Family-type home for adults.
(h) 
Bed-and-breakfast facility.
(i) 
Hostel.
(j) 
Accessory use customarily incident to principal use but not on same lot.
(4) 
Minimum lot size:
(a) 
Residential uses: 3,630 square feet per dwelling unit containing a maximum of three bedrooms, plus 1,210 square feet for each additional bedroom per dwelling.
(b) 
Senior citizen development: 2,420 square feet per dwelling unit.
(c) 
Other permitted used: 10,000 square feet.
(5) 
Minimum lot width:
(a) 
All uses: 50 feet.
(6) 
Maximum height:
(a) 
All uses: 2 1/2 stories up to 30 feet.
(7) 
Maximum lot coverage:
(a) 
All uses: 60%.
(8) 
Minimum yard requirements:
(a) 
Front yard.
[1] 
All uses: 25 feet.
(b) 
Rear yard.
[1] 
All permitted uses: 25 feet except where abutting a residence other than a multifamily residence on a lower density residential zone, then the Planning Board may require up to 50 feet additional rear yard to provide adequate buffers and safeguards to protect adjacent uses from nuisance characteristics.
(c) 
Side yards.
[1] 
All permitted uses: 12.5 feet per side except where abutting a residence or residential district, then the Planning Board may require up to 50 feet additional rear yard to provide adequate buffers and safeguards to protect adjacent uses from nuisance characteristics.
(9) 
Multifamily dwellings. Multifamily dwellings, in addition to being subject to site plan review (§ 212-23) and cluster residential development regulations (§ 212-27) must also satisfy the following requirements:
(a) 
The proposed development must be for at least eight dwelling units and, in R-3 districts south of Main Street, for sufficient dwelling units to occupy an entire block front.
(b) 
No more than 16 dwelling units shall be contained in any one continuous structure and there shall be no more than eight dwelling units in any unbroken building line. A setback of not less than four feet shall be deemed a satisfactory break in the building line.
(c) 
No building or structure for dwelling use shall face the rear of another such building or structure or the rear of buildings or structures on adjoining properties.
(d) 
Any building or structures which cannot properly be served by emergency or service vehicles from a street or road abutting the lot shall be made accessible to such vehicles by a paved driveway.
(e) 
The minimum distance between buildings and structures shall be 50 feet, except for garages and other accessory buildings as mentioned above. The minimum distance from any building or structure to any rear or side lot line shall be 50 feet.
(f) 
The minimum right-of-way width for any street, road, thoroughfare or access street shall be 50 feet, and for any driveway giving access to a parking area, 25 feet. All streets, roads, thoroughfares, accessway and driveways must be paved to a minimum width of 25 feet.
D. 
H Historic District.
(1) 
Principal permitted uses (see § 212-29):
(a) 
One- and two-family detached dwellings.
(b) 
Houses of worship and related residences.
(c) 
Cultural facilities (library, art gallery, museum, etc.).
(d) 
Agriculture but not including the keeping of fowl or farm animals.
(2) 
Permitted accessory uses:
(a) 
Home occupations (see § 212-28).
(b) 
Signs (see § 212-25).
(c) 
Other uses customarily incident to principal permitted use and on same lot.
(3) 
Special permit uses:
(a) 
Essential services.
(b) 
Commercial parking lot.
(c) 
Townhouses.
(d) 
Bed-and-breakfast facility.
(e) 
Hostel.
(f) 
Educational use.
(g) 
Nonprofit club or recreation use.
(h) 
Nursery school.
(i) 
Golf course or country club.
(j) 
Accessory uses customarily incident to principal permit use but not on same lot.
(4) 
Minimum lot size:
(a) 
One- or two-family dwelling: 20,000 square feet per dwelling unit.
(b) 
Other permitted uses: 40,000 square feet.
(5) 
Minimum lot width:
(a) 
One- or two-family dwellings: 100 feet at building line.
(b) 
All other uses: 200 feet at building line.
(6) 
Maximum height:
(a) 
Permitted uses: 2 1/2 stories or 30 feet.
(7) 
Maximum lot coverage:
(a) 
All uses: 30%.
(8) 
Minimum yard dimensions:
(a) 
Front yard.
[1] 
Permitted uses: 50 feet.
(b) 
Rear yard.
[1] 
Permitted uses: 20 feet.
(c) 
Side yards.
[1] 
One- and two-family dwellings: 20 feet on each side.
[2] 
Other permitted uses: 20 feet each side except in those cases where nuisance characteristics may intrude on adjacent residential uses, the Planning Board may require up to 10 feet of additional space and other safeguards.
(9) 
Short-term rentals shall be prohibited in the H Historic District.
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, regarding B-1 Zoning District, was repealed 11-10-2021 by L.L. No. 5-2021.
F. 
B-2 Core Business District.
[Amended 11-10-2021 by L.L. No. 5-2021]
(1) 
Purpose. Mixed-use districts promote the development of a neighborhood defined by a mix of residential, retail, service, professional, civic and cultural uses and which encourages travel by walking, bicycle, and mass transit. This district aims to enhance the quality of the developed environment and promote site layout and architectural design compatible with the historic character of the community. The two primary goals for the district are:
(a) 
Encourage residential housing on the upper floors of multistory, mixed-use buildings; and
(b) 
To foster a positive relationship between residential, retail and service/professional uses, while encouraging public transit use and reducing automobile trips and overbuilding of parking facilities, and the creation of a streetscape, which includes pedestrian and bicycle infrastructure.
(2) 
Site development standards. Diagrams illustrating architectural standards (as designated in Schedule F of the Village of New Paltz Code) and parking and site design guidelines (as designated in Schedule G of the Village of New Paltz Code), both taken from the 2017 Ulster County Community Design Manual, are found as attachments to this chapter.
(a) 
No structure shall be demolished nor the exterior of any structure altered for commercial use unless such action is approved by the Planning Board and reviewed by the Village Historic Preservation Commission. Basic maintenance and essential repairs, using like-for-like materials, which do not alter the exterior appearance of the structure are permitted.
(b) 
All newly constructed buildings in the district must be multistory and mixed-use, except:
[1] 
When site conditions do not permit the safe or legally compliant construction of a multistory or multiuse building; or
[2] 
For the construction of not-for-profit cultural facilities or performance spaces.
[3] 
For the construction of hotels that are at least two stories. Hotel buildings may be single-use hotels or they may have more than one primary use if at least one of the uses is a hotel and the other is a principally permitted use by right or a specially permitted use within the district, e.g., hotel and gym; hotel and office space; hotel and residential; hotel and restaurant or cafe; hotel, gym, and offices, etc.
(c) 
Where a new single-story building, or a single-use building, is permitted by this section, development of such building shall be limited to the nonresidential uses permitted in the district as found in Schedule A to the Village of New Paltz Zoning Code.
(d) 
Any new residential development within the district shall have no more than four bedrooms per dwelling unit, as said terms are defined in § 212-5 of this chapter.
(3) 
Streetscape standards. For alignment with the community's complete streets policy, site plans should include a broad sidewalk, street trees, and a bicycle lane as such policy is provided in the Town of New Paltz and Village of New Paltz December 2017 resolutions regarding complete streets.
(4) 
Building design standards.
(a) 
Design standards and the schematic illustrations outlined on pages 30-31 in the 1994 Village Comprehensive Plan, and any updates, revisions, or replacements thereof shall apply to all properties.
(b) 
Facades of shopfront buildings shall be built parallel to the street frontage through the use of consistent setbacks with adjacent properties and minimum yard dimension requirements.
(c) 
Shopfronts shall be glazed pursuant to the current New York State Energy Conservation Code.
(d) 
Buildings shall have sloped, gabled, mansard roofs or flat roofs with articulated parapets and cornices. Parapets shall be a minimum of 42 inches high, or higher if necessary to conceal mechanical or alternative energy generating equipment to the satisfaction of the Planning Board.
(e) 
Architectural features and windows shall be continued on all sides of a building that are clearly visible from the street or parking areas to avoid visible blank walls.
(f) 
All mechanical equipment, whether ground-mounted or roof-mounted, shall be completely screened from adjacent properties and the street in a way that is consistent with the architecture of the main building.
(g) 
Awnings are permitted along street frontages and may encroach up to six feet into the front setback and over the sidewalk above seven feet. Interior illumination is allowed under an awning if it is projected downward.
(h) 
Refuse containers shall be accessible to waste haulers, but enclosed and located so that they are concealed from public view from the street and adjacent properties.
(i) 
Walls and fences shall be constructed of vinyl or natural materials, such as wood. Chain link fences are prohibited.
(5) 
Principally permitted uses.
(a) 
A mixture of residential and nonresidential uses is required in the development of all multistory buildings. New multistory buildings in this district shall be principally permitted, if the following conditions are met:
[1] 
For the first floor, the front of the building facing Route 299, North Chestnut Street, or South Chestnut Street shall be limited to:
[a] 
Retail and service businesses;
[b] 
Professional and general offices;
[c] 
Restaurants;
[d] 
Artisanal use; and
[e] 
Cultural centers.
[2] 
Any portion of the first story not facing Route 299, North Chestnut Street, or South Chestnut Street shall be limited to:
[a] 
Type A - fully accessible dwelling units as regulated by the most current or appropriate edition of the Uniform Fire Prevention and Building Code as incorporated in Chapter 86 of this code (not to include Type B - adaptable units as regulated by the most current or appropriate edition of the Uniform Fire Prevention and Building Codes adopted by Chapter 86 of this code);
[b] 
Retail and service business;
[c] 
Professional and general offices;
[d] 
Restaurants;
[e] 
Artisanal uses; and
[f] 
Cultural centers.
[3] 
The addition of photovoltaic and wind energy generating systems and/or green infrastructure such as green roofs and gardens on the rooftops of new multistory buildings shall be considered permitted accessory uses to encourage the use of alternative energy sources and reduce the additional demand for energy required by these buildings.
(6) 
Water and sewer.
(a) 
Village Engineer or Department of Public Works Superintendent will determine whether there is adequate water and sewer capacity available for all newly proposed buildings.
(7) 
Special permit uses and accessory uses.
(a) 
See Use Schedule (Schedule A to the Village of New Paltz Zoning Code), incorporated herein by reference.
(b) 
All nonresidential uses on second floors require a special use permit. Development of a third story shall be limited to residential uses.
(8) 
Height requirements.
(a) 
All uses.
[1] 
The first story of any new building must be a minimum of 11 feet high with a cumulative minimum total height of two stories and 20 feet. First-floor interior height may be 10 feet from floor to ceiling.
[2] 
Maximum: three stories, but not greater than 35 feet for the main structure and a maximum of 40 feet, to allow for peaked roofs, except as provided in § 212-18A, and exclusive of usable rooftop area for private and/or common outdoor space, with or without rooftop gardens and/or green roofs, and exclusive of decorative architectural features and alternative energy generating systems. Green roofs and other green infrastructure are encouraged to assist with the handling of stormwater and to reduce the heat island effect.
[3] 
Roof decks or roof gardens require a special use permit. Under no circumstances may roof decks or roof gardens surpass their maximum occupancy load (determined using NYS fire prevention and building codes). Deck areas may not be greater than 65% of the available roof space and non-deck areas must be positioned as a buffer between deck areas and nearby residential neighborhoods. Garden areas or combined garden and deck areas may not be greater than 85% of the available roof space where the deck area, if part of a combined deck and garden, does not surpass 65% of the roof space.
[4] 
Roof decks or roof gardens may not be used to fulfill recreation requirements pursuant to § 212-23J.
(9) 
Maximum lot coverage.
(a) 
All uses: 85%.
(10) 
Minimum yard dimensions.
(a) 
Front yard. All uses: sufficient space to allow construction of sidewalks, bicycle lanes, and related pedestrian amenities in the zone along with street tree landscaping. Most, if not all, of streetscape elements to be implemented in this district may fit within the R-O-W. Up to a zero-foot, front yard may be allowed if the streetscape elements fit within the R-O-W and the adjacent building frontage is a storefront.
(b) 
Rear yard. All uses: 10 feet minimum. Native trees and natural vegetation shall be retained at the discretion of the Planning Board and enhanced as part of the ten-foot landscape buffer.
(c) 
Side yard. All uses: zero to 15 feet (maximum), at the discretion of the Planning Board, with the presumption being that the intent of the district is to minimize setbacks. Notwithstanding the foregoing, where adjacent properties are concurrently proposed to be developed at zero side lot lines and will be conjoined, no side setback is required.
[1] 
A stub connection to access future parking in adjacent lots is required unless conditions do not permit safe or strict compliance as stated in #9 on page 30 in the 1994 Village of New Paltz Comprehensive Plan, "Except where physical constraints, site configuration, or safety considerations preclude strict compliance, all parking must be accessible by driveway to the parking lots of adjacent nonresidential uses and land zoned for nonresidential uses."
(11) 
Lighting.
(a) 
All exterior lights shall be shown on the site development plan, and shall be designed and located in such a manner as to prevent objectionable light and glare from spilling across property lines. A lighting plan, prepared accordant with the Village of New Paltz Outdoor Lighting Standards, as it currently exists and any amendments thereto, including specifications for the lighting pole and fixture, shall be provided to the Planning Board during site development plan review.
(12) 
Open space.
(a) 
Where appropriate and practical, new development should create public open spaces and should maintain existing public open space. Where feasible, new open spaces should connect to existing open spaces, including the Wallkill Valley Rail Trail to provide access to the trail by members of the public and occupants of the property. Connections between the Wallkill Valley Rail Trail and private properties require a special use permit and need to be within the parameters set in the Wallkill Valley Rail Trail Conservation Easement dated January 18, 1991.
(13) 
Street furniture and public waste receptacles.
(a) 
Street furniture and public waste receptacles approved by the Planning Board shall be provided along street frontages and within the site, as deemed necessary by the Planning Board. Street furniture and waste receptacles shall be maintained by the developer or managing agent of the property. Required public amenities shall include bicycle parking facilities, as provided in Article 8 of Chapter 198 relating to bicycle parking.
(14) 
On-site or off-street parking.
(a) 
The Planning Board will determine the number and configuration of on-site parking spaces for any particular use to ensure pedestrian and vehicular safety, provide adequate parking, and minimize adverse visual impacts. The following "requirements for residential" and "guidelines for nonresidential" shall apply:
[1] 
Residential use requirements: 1.1 space per one-bedroom or studio; 1.6 space per two-bedroom; 2.1 spaces per three- or four-bedroom.
[2] 
Nonresidential use guidelines:
[a] 
Retail: one space for each 500 square feet of usable floor space for a retail business or service.
[b] 
Offices: one space for each 300 square feet of gross office floor area.
[c] 
One additional space for each separate commercial use.
[3] 
On-street parking along and adjacent to the property frontage may apply toward on-site or off-street parking "requirements for residential" or "guidelines for commercial."
[4] 
The Planning Board may also consider a further reduction to the amount of on-site parking for different types of mixed-use properties where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by tenants, patrons, or employees using the ratios in the following examples:
[a] 
Residential and office: the number of required spaces may be reduced by dividing spaces by 1.4. For example, using the requirements and guidelines above, a thirty-parking-space project could be reduced to 21 spaces (30 ÷ 1.4).
[b] 
Residential and retail: the number of required spaces may be reduced by dividing the number of spaces by 1.2. For example, using the requirements and guidelines above, a thirty-parking-space project could be reduced to 25 spaces (30 ÷ 1.2).
[c] 
Lodging (*) and retail: the number of required spaces may be reduced by dividing the number of spaces by 1.3. For example, using the requirements and guidelines above, a thirty-parking-space project could be reduced to 23 spaces (30 ÷ 1.3).
[d] 
Lodging (*) and office: the number of required spaces may be reduced by dividing the number of spaces by 1.5. For example, using the requirements and guidelines above, a thirty-parking-space project could be reduced to 20 spaces (30 ÷ 1.5).
(*) See § 212-47/Schedule C for off-street parking guidelines.
(b) 
Parking lots and garages should be located in the rear of the property and behind retail goods and services establishments and/or professional offices, and/or at the side of a building wherever possible, allowing for road frontage to enhance the visibility of retail goods and services establishments and/or professional offices and streetscaping. Wherever feasible, parking garages are acceptable below grade, or on the ground floor, beneath residential units within the ground floor building footprint provided that the building's ground floor frontage has retail or office use that faces the street.
(c) 
Parking shall not dominate any site when viewed from the street providing frontage for such site. Large uninterrupted areas of parking stalls that significantly reduce the continuity or quality of natural open space shall not be permitted.
(d) 
Shared driveways should be used to access parking lots behind buildings and facilitate fewer curb cuts. Shared driveways and/or entrances for ingress and egress access between neighboring buildings and parking lots are strongly encouraged for the district.
(e) 
Access drives connecting to different properties may be offered for dedication to the Village, subject to acceptance at the sole discretion of the Board of Trustees.
(f) 
Interior parking lot landscaping. Interior parking lots shall be landscaped, as determined necessary by the Planning Board.
(g) 
Exterior parking lot landscaping. A landscaped strip shall be provided around the perimeter of parking lots, exclusive of driveways. The landscaped strip should be a minimum of three feet wide. Where appropriate, a berm or other appropriate screening should be used to buffer parking areas from the street.
(15) 
Off-site parking.
(a) 
The Planning Board may, at its sole discretion, approve the joint use of a parking facility and allow a reduction in parking requirements of up to 30% for two or more principal buildings or uses, either on adjacent or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by tenants, patrons, or employees.
(b) 
There shall be a covenant filed with the Ulster County Clerk on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. The Planning Board shall require deed restrictions, satisfactory to the Board of Trustees, binding the owner and their heirs, successors and assigns thereto. Such covenant shall be:
[1] 
Enforceable by any of the parties having shared beneficial use of the facility; and
[2] 
Enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns to permit and maintain internal access, circulation and joint use of parking facilities.
(16) 
Landscaping.
(a) 
A landscaping plan prepared by a New York State registered landscape architect (RLA) shall be submitted for review by the Planning Board, and should be designed to avoid existing overhead or underground utility lines. Where the location of existing overhead or underground utility lines conflicts with the required landscaping strip and tree planting, the Planning Board may approve an alternate plan consistent with the intent to buffer parking.
(b) 
Required landscaping shall be permanently maintained in a healthy growing condition at all times. The property owner is responsible for regular maintenance of all plantings as necessary for each particular plant species.
(c) 
Site trees should be no smaller than three-inch caliper diameter at four feet in height.
(d) 
Density of site trees shall be at the discretion of the Planning Board as determined necessary.
(e) 
Landscaped buffers of up to 15 feet in width of a density so as to block visibility of parking areas may be required by the Planning Board. The Planning Board's review of a proposed buffer modification shall include the Shade Tree Commission's review of and recommendations for the proposal.
(f) 
Native and noninvasive plants and trees are required, as listed by the New York State Department of Environmental Conservation and any updates, revisions, or replacements thereof shall apply.
G. 
Neighborhood Business Residential Mixed-Use District (NBR).
[Added 10-28-2015 by L.L. No. 10-2015[2]; amended 5-23-2016 by L.L. No. 2-2016; 12-12-2018 by L.L. No. 17-2018]
(1) 
Purpose. The Neighborhood Business Residential Mixed-Use District is established to promote the development of a neighborhood defined by a mix of residential, retail, service, professional, civic and cultural uses and which encourages travel by walking, bicycle, and mass transit. The NBR District aims to enhance the quality of the developed environment and promote site layout and architectural design compatible with the historic character of the community. In particular, development within the district shall be sensitive to and compatible with: a) the neighboring National Historic Landmark (HHS-Huguenot) District, b) the locally designated Historic District zone, c) The Historic Preservation Commission's Downtown Historic District Preservation Guidelines and Recommendations, and d) the downtown New Paltz properties defined by the 2009 State and National Register District. The two primary goals for the district are 1) encourage residential housing on the upper floors of multistory, mixed-use buildings, and 2) to foster a positive relationship between residential, retail and service/professional uses, while encouraging public transit use and reducing automobile trips and overbuilding of parking facilities, and the creation of a streetscape, which includes pedestrian and bicycle infrastructure.
(2) 
Site development standards. Diagrams illustrating Architectural Standards (Schedule F) and Parking and Site Design Guidelines (Schedule G), both taken from the 2017 Ulster County Community Design Manual, are found as attachments to this chapter.[3]
(a) 
All newly constructed buildings in the NBR District must be multistory and mixed-use, except:
[1] 
When site conditions do not permit the safe or legally compliant construction of a multistory or multiuse building; or
[2] 
For the construction of not-for-profit cultural facilities or performance spaces.
(b) 
Where a new single-story building, or a single-use building, is permitted by this section, development of such building shall be limited to the nonresidential uses permitted in the district as found in Schedule A.[4]
[4]
Editor's Note: The Use Schedule is included as an attachment to this chapter.
(c) 
Any new residential development within the district shall have no more than four bedrooms per dwelling unit, as said terms are defined in § 212-5 of this chapter.
[3]
Editor's Note: Architectural Standards (Schedule F) and Parking and Site Design Guidelines (Schedule G) are on file at the Village office.
(3) 
Streetscape standards. For alignment with the community's complete streets policy, site plans should include a broad sidewalk, street trees, and a bicycle lane. (See Town and Village December 2017 resolutions.) [Complete Streets Resolutions]
(4) 
Building design standards.
(a) 
Design standards and the schematic illustrations outlined on pages 30 to 31 in the 1994 Village Comprehensive Plan, and any updates, revisions, or replacements thereof shall apply to all properties.
(b) 
Facades of shopfront buildings shall be built parallel to the street frontage through the use of consistent setbacks with adjacent properties and minimum yard dimension requirements.
(c) 
Shopfronts shall be glazed pursuant to the current New York State Energy Conservation Code.
(d) 
Buildings shall have sloped, gabled, mansard roofs or flat roofs with articulated parapets and cornices. Parapets shall be a minimum of 42 inches high, or higher if necessary to conceal mechanical or alternative energy generating equipment to the satisfaction of the Planning Board.
(e) 
Architectural features and windows shall be continued on all sides of a building that are clearly visible from the street, parking area or Wallkill Valley Rail Trail to avoid visible blank walls.
(f) 
All mechanical equipment, whether ground-mounted or roof-mounted, shall be completely screened from the Wallkill Valley Rail Trail, adjacent properties and the street in a way that is consistent with the architecture of the main building.
(g) 
Canvas or canvas-like awnings are permitted along street frontages and may encroach up to six feet into the front setback and over the sidewalk above seven feet. Interior illumination is allowed under an awning if it is projected downward.
(h) 
Refuse containers shall be accessible to waste haulers, but enclosed and located so that they are concealed from public view from the street, the Wallkill Valley Rail Trail and adjacent properties.
(i) 
Walls and fences shall be constructed of vinyl or natural materials, such as wood. Chain-link fences are prohibited.
(j) 
Regulation of structures. No structure shall be constructed, moved or demolished nor the exterior of the structure altered in the NBR District nor any land improved or developed unless such action is approved by the Planning Board and reviewed by the Village Historic Preservation Commission in accordance with the provisions of § 212-23 of this chapter. Basic maintenance and essential repairs, using like-for-like materials, which do not alter the exterior appearance of the structure are permitted.
[Added 2-22-2023 by L.L. No. 2-2023]
(5) 
Principally permitted uses.
(a) 
A mixture of residential and nonresidential uses is required in the development of all multistory buildings. New multistory buildings in this district shall be principally permitted, if the following conditions are met:
[1] 
For the first floor, the front of the building facing Route 32 N shall be limited to retail and service businesses, professional and general offices, restaurants, artisanal use, and cultural centers.
[2] 
The sides of the first story not facing Route 32N shall be limited to residential, retail and service business, professional and general offices, restaurants, artisanal uses, and cultural centers. Unless for "accessible units," first floor apartments facing away from Route 32N require a special use permit. Specific allowed uses, both residential and nonresidential, on the first floor not facing Route 32N, shall be at the discretion of the Planning Board.
(b) 
The addition of photovoltaic and wind energy generating systems and/or green infrastructure such as green roofs and gardens on the rooftops of new multistory buildings shall be considered permitted accessory uses to encourage the use of alternative energy sources and reduce the additional demand for energy required by these buildings.
(6) 
Special permit uses and accessory uses.
(a) 
See Use Schedule, Schedule A, attached hereto.[5]
[5]
Editor's Note: The Use Schedule is included as an attachment to this chapter.
(b) 
All nonresidential uses on second floors require a special use permit. Development of a third story shall be limited to residential uses.
(7) 
Height requirements.
(a) 
All uses.
[1] 
The first story of any new building must be a minimum of 11 feet high with a cumulative minimum total height of two stories and 20 feet. First-floor interior height may be 10 feet from floor to ceiling.
[2] 
Maximum: three stories, but not greater than 35 feet for the main structure and a maximum of 40 feet, to allow for peaked roofs, except as provided in § 212-18A, and exclusive of usable rooftop area for private and/or common outdoor space, with or without rooftop gardens and/or green roofs, and exclusive of decorative architectural features and alternative energy generating systems. Green roofs and other green infrastructure are encouraged to assist with the handling of stormwater and to reduce the heat island effect.
(b) 
Roof decks or roof gardens require a special use permit. Roof decks or roof gardens must: be reserved for residential use only and are not to be used for customers of commercial tenants; remain open for all tenants and may not be reserved for private parties; under no circumstances surpass their maximum occupancy load (determined using NYS fire prevention and building codes); have a deck area not greater than 65% of the available roof space with the nondeck area positioned as a buffer between deck area and nearby residential neighborhoods; have a garden area or combined garden and deck area not greater than 85% of the available roof space where the deck area, if part of a combined deck and garden, does not surpass 65% of the roof space; have lighting fixtures aimed down and may not be positioned more than three feet above deck surface; not be outfitted with outdoor speakers and amplification is not permitted.
(c) 
Roof decks or roof gardens may not be used to fulfill recreation requirements pursuant to § 212-23J.
(8) 
Maximum lot coverage.
(a) 
All uses: 85%.
(9) 
Minimum yard dimensions.
(a) 
Front yard. All uses: sufficient space to allow construction of sidewalks, bicycle lanes, and related pedestrian amenities in the zone along with street tree landscaping. Most, if not all, of streetscape elements to be implemented in this district may fit within the Route 32 R-O-W. Up to a zero-foot front yard may be allowed if the streetscape elements fit within the Route. 32 R-O-W and the adjacent building frontage is a storefront.
(b) 
Rear yard. All uses: 10 feet minimum. Along the boundary of the Wallkill Valley Rail Trail native trees and natural vegetation shall be retained at the discretion of the Planning Board and enhanced as part of the ten-foot landscape buffer.
(c) 
Side yard. All uses: zero to 15 feet (maximum), at the discretion of the Planning Board, with the presumption being that the intent of the district is to minimize setbacks. Notwithstanding the foregoing, where adjacent properties are concurrently proposed to be developed at zero side lot lines, and will be conjoined, no side setback is required.
[1] 
A stub connection to acccss future parking in adjacent lots is required unless conditions do not permit safe or strict compliance as stated in #9 on page 30 in the 1994 Village Comprehensive Plan. "Except where physical constraints, site configuration, or safety considerations preclude strict compliance, all parking must be accessible by driveway to the parking lots of adjacent nonresidential uses and land zoned for nonresidential uses."
(d) 
Buffers of 30 feet on each side of the centerline of Tributary 13 (Millbrook) is required. No structures, parking lots or driveways may be constructed within this buffer zone to protect the water quality of the stream and riverine habitat.
(10) 
Lighting. All exterior lights shall be shown on the site development plan, and shall be designed and located in such a manner as to prevent objectionable light and glare from spilling across property lines. A lighting plan, prepared accordant with the Village of New Paltz outdoor lighting standards, including specifications for the lighting pole and fixture, shall be provided to the Planning Board during site development plan review. https://www.villageofnewpaltz.org/download/Forms/Building%20Department%20Forms/Outdoor%20Lighting%20Standards.pdf.
(11) 
Open space. Where appropriate and practical, new development should create public open spaces and should maintain existing public open space. Where feasible, new open spaces should connect to existing open spaces, including the Wallkill Valley Rail Trail to provide access to the trail by members of the public and occupants of the property. Connections between the Wallkill Valley Rail Trail and private properties require a special use permit and need to be within the parameters set in the Wallkill Valley Rail Trail Conservation Easement dated January 18th, 1991.
(12) 
Street furniture and public waste receptacles. Street furniture and public waste receptacles approved by the Planning Board shall be provided along street frontages and within the site, as deemed necessary by the Planning Board. Street furniture and waste receptacles shall be maintained by the developer or managing agent of the property. Required public amenities shall include bicycle parking facilities, as provided in Article 8 of Chapter 198 relating to bicycle parking.
(13) 
On-site or off-street parking. The Planning Board will determine the number and configuration of on-site parking spaces for any particular use to ensure pedestrian and vehicular safety, provide adequate parking, and minimize adverse visual impacts. The following "requirements for residential" and "guidelines for nonresidential" shall apply:
(a) 
Residential use requirements: 1.1 space per one bedroom or studio, 1.6 space per two bedroom, 2.1 spaces per three or four bedrooms.
(b) 
Nonresidential use guidelines.
[1] 
Retail one space for each 500 square feet of usable floor space for a retail business or service.
[2] 
Offices: one space for each 300 square feet of gross office floor area.
[3] 
One additional space for each separate commercial use.
(c) 
On-street parking along and adjacent to the property frontage may apply toward on-site or off-street parking "requirements for residential" or "guidelines for commercial."
(d) 
The Planning Board may also consider a further reduction to the amount of on-site parking for different types of mixed-use properties - where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by tenants patrons, or employees - using the ratios in the following examples:
[1] 
Residential and office: the number of required spaces may be reduced by dividing spaces by 1.4. For example, using the requirements and guidelines above, a 30 parking space project could be reduced to 21 spaces (30 divided by 1.4).
[2] 
Residential and retail: the number of required spaces may be reduced by dividing the number of spaces by 1.2. For example, using the requirements and guidelines above, a 30 parking space project could be reduced to 25 spaces (30 divided by 1.2).
[3] 
Lodging[6] and retail: the number of required spaces may be reduced by dividing the number of spaces by 1.3. For example, using the requirements and guidelines above, a 30 parking space project could be reduced to 23 spaces (30 divided by 1.3).
[6]
Note: See § 212-47/Schedule C for off-street parking guidelines.
[4] 
Lodging[7] and office: the number of required spaces may be reduced by dividing the number of spaces by 1.5. For example, using the requirements and guidelines above, a 30 parking space project could be reduced to 20 spaces (30 divided by 1.5)
[7]
Note: See § 212-47/Schedule C for off-street parking guidelines.
[5] 
Any fraction of a rounded spot gets rounded up to a full parking space. For example, 13.2 spots becomes 14.
(e) 
Parking lots and garages should be located in the rear of the property and behind retail goods and services establishments and/or professional offices, and/or at the side of a building wherever possible, allowing for road frontage to enhance the visibility of retail goods and services establishments and/or professional offices and streetscaping. Wherever feasible, parking garages are acceptable below grade, or on the ground floor, beneath residential units within the ground floor building footprint provided that the building's ground floor frontage has retail or office use that faces the street.
(f) 
Parking shall not dominate any site when viewed from the street providing frontage for such site. Large uninterrupted areas of parking stalls that significantly reduce the continuity or quality of natural open space shall not be permitted.
(g) 
Shared driveways should be used to access parking lots behind buildings and facilitate fewer curb cuts. Shared driveways and/or entrances for ingress and egress access between neighboring buildings and parking lots are strongly encouraged for the district.
[1] 
Access drives connecting to different properties may be offered for dedication to the Village, subject to acceptance at the sole discretion of the Board of Trustees.
(h) 
Interior parking lot landscaping. Interior parking lots shall be landscaped, as determined necessary by the Planning Board.
(i) 
Exterior parking lot landscaping. A landscaped strip shall be provided around the perimeter of parking lots, exclusive of driveways. The landscaped strip should be a minimum of three feet wide. Where appropriate, a berm or other appropriate screening should be used to buffer parking areas from the street.
(14) 
Off-site parking. The Planning Board may, at its sole discretion, approve the joint use of a parking facility and allow a reduction in parking requirements of up to 30% for two or more principal buildings or uses, either on adjacent or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by tenants, patrons, or employees.
(a) 
There shall be a covenant filed with the Ulster County Clerk on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. The Planning Board shall require deed restrictions, satisfactory to the Board of Trustees, binding the owner and his/her heirs, successors and assigns thereto. Such covenant shall be:
[1] 
Enforceable by any of the parties having shared beneficial use of the facility; and
[2] 
Enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns to permit and maintain internal access, circulation and joint use of parking facilities.
(15) 
Landscaping.
(a) 
A landscaping plan prepared by a New York State registered landscape architect (RLA) shall be submitted for review by the Planning Board, and should be designed to avoid existing overhead or underground utility lines. Where the location of existing overhead or underground utility lines conflicts with the required landscaping strip and tree planting, the Planning Board may approve an alternate plan consistent with the intent to buffer parking.
(b) 
Required landscaping shall be permanently maintained in a healthy growing condition at all times. The property owner is responsible for regular maintenance of all plantings as necessary for each particular plant species.
(c) 
Site trees should be no smaller than three-inch caliper diameter at four feet in height.
(d) 
Density of site trees shall be at the discretion of the Planning Board as determined necessary.
(e) 
Landscaped buffers of up to 15 feet in width of a density so as to block visibility of parking areas may be required by the Planning Board. The Planning Board's review of a proposed buffer modification shall include the Shade Tree Commission's review of and recommendations for the proposal.
(f) 
Native and noninvasive plants and trees are required, as listed by the New York State DEC: https://www.dec.ny.gov/docs/lands_forests pdf/factnatives.pdf and any updates, revisions, or replacements thereof shall apply.
[2]
Editor's Note: This local law also repealed former Subsection G, North Chestnut Street Gateway District.
H. 
F Floodplain District.
(1) 
Principal permitted uses:
(a) 
Agriculture but not including the keeping of fowl or farm animals.
(2) 
Permitted accessory uses:
(a) 
Uses customarily incident to principal permitted use and on same lot.
(3) 
Special permit uses:
(a) 
Outdoor commercial recreation.
(b) 
Golf course or country club.
(c) 
Nonprofit recreation use.
(d) 
Riding academy.
(e) 
Essential services.
(f) 
Accessory uses customarily incident to principal permitted use but not on same lot.
(4) 
Minimum lot size:
(a) 
Agricultural uses: 10 acres.
(b) 
Other uses: 40,000 square feet.
(5) 
Minimum lot width: 200 feet at property line.
(6) 
Maximum height:
(a) 
All uses: no permanent structures; temporary structures: 2 1/2 stories or 30 feet.
(7) 
Maximum lot coverage:
(a) 
All uses: 10%.
(b) 
Side yards: 25 feet each.
(c) 
Rear yard: 50 feet.
(8) 
Minimum yard dimensions:
(a) 
Front yard: 50 feet.
I. 
P-B Professional and Limited Business District.
(1) 
Principal permitted uses:
(a) 
Office building.
(b) 
Research laboratory.
(c) 
Wholesale and accessory use storage establishments conducted in completely enclosed buildings except that open storage is permitted if enclosed by an opaque fence or other suitable enclosure at least eight feet in height.
(2) 
Permitted accessory uses:
(a) 
Signs (see § 212-25).
(b) 
Living quarters for caretaker or watchman.
(c) 
Other uses customarily incident to principal use on same lot.
(3) 
Special permit uses:
(a) 
Light industrial activities or businesses of a kindred nature engaged in the manufacture, assemblage, treatment or packaging of products when conducted without public noise, smoke, dust or glare perceptible beyond the property line.
(b) 
Essential services.
(c) 
House of worship (but not including related residences).
(d) 
Bed-and-breakfast.
(e) 
Hotel.
(f) 
Instructional use.
(g) 
Life-care or continuing-care retirement community.
(h) 
Accessory use customarily incident to principal use but not on same lot.
(4) 
Minimum lot size:
(a) 
Life-care or continuing-care retirement community: 5,000 square feet per dwelling unit.
(b) 
All other uses: 40,000 square feet.
(5) 
Minimum lot width:
(a) 
All uses: 200 feet at building line.
(6) 
Maximum height:
(a) 
All uses: 30 feet or 2 1/2 stories.
(7) 
Maximum lot coverage:
(a) 
All uses: 50%.
(8) 
Minimum yard dimensions:
(a) 
Front yard.
[1] 
All uses: 50 feet, except if rear yard requirement is 50 feet the minimum front yard shall be 25 feet.
(b) 
Rear yard.
[1] 
All uses: 20 feet except if abutting a residence or residential district then a minimum of 50 feet shall be required, at least 20 feet of which shall be planted with evergreens and other suitable trees and shrubs as required by the Planning Board to provide effective buffering against nuisance characteristics.
(c) 
Side yards.
[1] 
All uses: 20 feet except if abutting a residence or residential district, then the Planning Board may require up to an additional 20 feet to provide adequate buffers and safeguards to protect adjacent uses from nuisance characteristics.
(9) 
Residential cluster development: Clustering of residential units which are components of a life-care or continuing-care retirement community shall be permitted in accordance with the provisions of § 212-27.
J. 
Gateway District.
(1) 
Principal permitted uses:
(a) 
All principal permitted uses in the B-2 Core Business Retail.
(b) 
Realtor.
(2) 
Special permit uses:
(a) 
General:
[1] 
Cultural facilities.
[2] 
Instructional use.
(b) 
Business:
[1] 
Highway business retail.
[2] 
Bed-and-breakfasts.
[3] 
Boat rental and sales.
[4] 
Hostel.
[5] 
Hotel.
[6] 
Accessory uses customarily incidental to principal permitted uses on the same lot.
(3) 
Minimum lot size:
(a) 
All uses: 2,500 square feet.
(4) 
Minimum lot width:
(a) 
All uses: 25 feet at building line.
(5) 
Maximum height:
(a) 
All uses: three stories or 35 feet, subject to reduced building height regulations by Planning Board to preserve district aesthetics.
(6) 
Maximum lot coverage:
(a) 
All uses: up to 100%, subject to site plan approval under § 212-23, in conformity with the Gateway District Development Standards adopted by the Board of Trustees on September 22, 1997.
(7) 
Maximum yard dimensions:
(a) 
Front yard.
[1] 
All uses: buildings to be constructed at sidewalk line with no setbacks or to be consistent with prevailing setbacks where applicable; however, a building may be set back if an outdoor cafe, dining deck or landscaped seating is located in front. Exception: along easterly side of Huguenot Street and Water Street and both sides of Main Street westerly of the rail trail subject to Planning Board limitations to assure adequate traffic sight lines.
(8) 
Minimum yard dimensions:
(a) 
Rear yard: none required, except if abutting a residence or residential district, the Planning Board may require up to 15 feet of landscaped buffer to protect adjacent uses from nuisance characteristics.
(b) 
Side yard: none required, except if abutting a residence or residential district, the Planning Board may require up to 15 feet of landscaped buffer to protect adjacent uses from nuisance characteristics.
(9) 
Maximum retail area: no individual retail use shall exceed 3,000 square feet of interior floor area.
(10) 
All garbage cans, garbage collection areas and mechanical equipment (including but not limited to heat pumps, air-conditioning units and compressors and emergency generators) shall be screened from view or not visible from the public right-of-way. Small rooftop mechanical equipment, including vents, need not be screened if the total area of such equipment does not exceed 12 square feet per structure.
(11) 
In addition to the sign regulations prescribed in § 212-25, no internally illuminated signs shall be permitted.
A. 
Schedule of permitted uses. The following schedule summarizes the principal permitted uses (P) and those requiring a special use permit (S) in accordance with § 212-39 of this chapter for each of the designated zoning districts within the Village. [Note: Schedule A, Use Schedule is included at the end of this chapter.]
B. 
Prohibited uses. Any use not designated as a principal permitted use (P) or a special permit use (S) in the use table is hereby specifically prohibited from any zoning district in the Village of New Paltz.
[Amended by L.L. No. 8-1999; 4-23-2003 by L.L. No. 3-2003]
Density requirements for the various zoning districts in the Village of New Paltz are summarized in the following table entitled “Village Density Control Schedule.” [Note: Schedule B, Density Control Schedule, is included at the end of this chapter.]