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.
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.
[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.
(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.
B.
R-2 Residence District.
(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.
(8)
Minimum yard dimension:
(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.
C.
R-3 Residence District.
(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.
(8)
Minimum yard requirements:
(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.
(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.
(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.
(8)
Minimum yard dimensions:
(9)
Short-term rentals shall be prohibited in the H Historic District.
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.
(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:
[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.
(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.
(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.
[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:
(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:
(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.
[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.
(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.
(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:
(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.
(5)
Minimum lot width: 200 feet at property line.
I.
P-B Professional and Limited Business District.
(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.
(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.
J.
Gateway District.
(5)
Maximum height:
(a)
All uses: three stories or 35 feet, subject
to reduced building height regulations by Planning Board to preserve
district aesthetics.
(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.
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.]
