This chapter regulates and restricts the location, construction, alteration, occupancy and use of buildings and structures and the use of land in the Town of New Paltz and, for said purposes, divides the Town into zoning districts.
This chapter shall be known and may be cited as the "Zoning Law of the Town of New Paltz, New York."
This chapter is enacted pursuant to the Municipal Home Rule Law of the State of New York to protect and promote public health, safety, morals, comfort, convenience, economy, Town aesthetics and the general welfare and for the following additional purposes:
A. 
To promote and effectuate the orderly physical development of the Town of New Paltz in accordance with the Comprehensive Master Plan.
B. 
To encourage the most appropriate use of land in the community in order to conserve and enhance the value of property.
C. 
To eliminate the spread of strip business development and provide for more adequate and suitably located commercial facilities.
D. 
To create a suitable system of open spaces and recreation areas and to protect and enhance existing wooded areas, scenic areas and waterways.
E. 
To regulate building densities in order to assure access of light and circulation of air, in order to facilitate the prevention and fighting of fires, in order to prevent undue concentration of population, in order to lessen congestion on streets and highways and in order to provide efficient municipal utility services.
F. 
To improve transportation facilities and traffic circulation and to provide adequate off-street parking and loading facilities.
G. 
To realize a development plan properly designed to conserve the use of land and the cost of municipal services.
H. 
To assure privacy for residences and freedom from nuisances and things harmful to the senses.
I. 
To protect the community against unsightly, obtrusive and noisome land uses and operations.
J. 
To enhance the aesthetic aspects throughout the entire community and maintain its present character and natural beauty.
K. 
To provide a variety of housing styles and environments in order to afford the maximum opportunity for people to find a housing and living style suitable to their needs and desires.
A. 
For the purposes of these regulations, certain words used herein are defined as follows. If a term is not listed below, but is defined in Article 16 of New York State Town Law or Chapter 140 of the Town Code, then for the purpose of these regulations the meaning of that term shall be as defined therein. Otherwise, words not specifically listed in this section assume the definition employed in common usage. Words used in the present tense shall include the future. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the context clearly indicates the contrary.
[Amended 12-19-2002 by L.L. No. 8-2002]
B. 
The word "shall" is always mandatory. The word "may" is permissive. "Building" or "structure" includes any part thereof. The word "lot" includes the word "plot" or "parcel." The word "person" includes an individual person, a firm, a corporation, a copartnership and any other agency of voluntary action. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
C. 
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADAPTIVE REUSE
The conversion of a building or structure within a Residential-Variable (R-V) Zoning District, which building or structure was lawfully constructed for nonresidential purposes on or before the date of adoption of the 1969 Zoning Law of the Town of New Paltz, to a residential use otherwise allowed by the zoning regulations of the R-V District and complying with the Uniform Fire and Building Code of New York State.
[Added 9-10-2003 by L.L. No. 6-2003]
ALTERATION
Any change, except routine maintenance and repair, made to land or to a building, structure or other improvement on or in the land or to a natural feature on or in the land, including waterbodies and watercourses, which alters any aspect of the appearance, use or functionality of the land, building, structure, improvements or natural feature that is regulated by the Zoning Law of the Town of New Paltz or by other provisions of the Town Code of the Town of New Paltz.
[Amended 12-19-2002 by L.L. No. 8-2002]
AREA, BUILDING
The total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of terraces and uncovered steps.
ATTIC
That space of building which is immediately below and wholly or partly within the roof framing. An attic with a finished floor shall be counted as 1/2 story in determining the permissible number of stories.
BASEMENT
A story partly below finished grade but having at least 1/2 of its height, measured from floor to ceiling, but not less than four feet above average finished grade. A basement shall be counted as one story in determining the height of a building in stories.
[1]
BED-AND-BREAKFAST ESTABLISHMENT
An owner-occupied dwelling affording overnight accommodations for paying, transient guests that provides limited food services and is limited to five guest bedrooms.
[Added 12-19-2002 by L.L. No. 8-2002]
BOARDINGHOUSE
A building, other than a hotel, containing a general kitchen and a general dining room, in which at least three but not more than six sleeping rooms are offered for rent, with or without meals. A lodging house, tourist house or rooming house shall be deemed a boardinghouse.
BUFFER STRIP
An area of land intended to protect uses on an adjoining lot from the impacts of uses on the lot containing the buffer strip. Such strip shall include natural or planted vegetation or fencing, or both, sufficient to provide a visual and noise buffer as required by this chapter and shall not be paved nor used for buildings, accessory buildings, parking, storage or sewage disposal areas.
[Added 12-19-2002 by L.L. No. 8-2002]
BUILDING
Any structure having a roof supported by columns or walls used for, or intended to be used for, the shelter or enclosure of persons, animals or property.
[Amended 12-19-2002 by L.L. No. 8-2002]
BUILDING, ACCESSORY
See "accessory building."
BUILDING, DETACHED
A building surrounded by open space on the same lot.
[2]
BUILDING GROUP
A group of two or more principal buildings, and any buildings accessory thereto, occupying a lot in one ownership and having any yard in common.
BUILDING LINE
The line, established by statute, local law or ordinance, beyond which a building shall not extend, as specifically provided by law.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING, SEMIDETACHED
A building attached by a party wall to another building normally of the same type on another lot, but having one side yard.
BULK
A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls of their location to lot lines, other buildings and structures or other walls of the same building; and all open spaces required in connection with a building, other structure or tract of land.
CAMP
Any parcel of land on which is located two or more cabins, tents, shelters or other accommodations of a design or character suitable for seasonal, short-term recreational use and/or nonpermanent structures or other more-or-less temporary living purposes, including a summer colony, resort and day camp, but not including a trailer park, boardinghouse, hotel or motel.
[Amended 12-30-1987 by L.L. No. 9-1987]
CELLAR
Any space in a building, the structural ceiling level of which is less than four feet above average finished grade where such grade meets the exterior walls of the building. A cellar shall not be counted in determining the permissible number of stories.
CHARGING
When an electric vehicle is connected to electric vehicle supply equipment (or standard outlet) for the purpose of recharging batteries on board the electric vehicle.
[Added 2-27-2014 by L.L. No. 1-2014]
CHARGING LEVEL
The standardized indicators of electrical force, or voltage, at which an electric vehicle's battery is recharged.
[Added 2-27-2014 by L.L. No. 1-2014]
(1) 
Level 1 is considered "slow" charging level, typically requiring an amp breaker of 15 to 20 amps on an AC circuit of 120 volts and standard outlet.
(2) 
Level 2 is considered "medium" charging level, typically requiring an amp breaker of 40 to 100 amps on an AC circuit of 240 volts.
(3) 
DC Fast Charge is considered "rapid" charging level, typically requiring a dedicated breaker of 60 amps or higher on a three-phase circuit of 480 volts or higher with special grounding equipment. DC Fast Charging uses an off-board charger to provide the AC to DC conversion, delivering AC directly to the car battery.
CLUB, MEMBERSHIP
An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
COMMERCIAL INDOOR RECREATION
A recreation facility, operated entirely within an approved structure or structures, operated for compensation and available for use by the general public, including instruction and competition in the respective activity. Commercial indoor recreation shall also include the incidental sale of associated athletic or other equipment and the incidental sale of food and/or beverages to persons using the facility. Commercial indoor recreation shall include such uses as indoor tennis, indoor swimming, indoor racket ball, etc., but shall not include the use of any motorized vehicle, as for instance go-carts and minibikes and/or similar motorized apparatus.
[Added 2-25-1999 by L.L. No. 3-1999]
COMMERCIAL VEHICLE
A vehicle of more than one-ton capacity used for the transportation of persons or goods primarily for gain or a vehicle of any capacity carrying a permanently affixed sign exceeding one square foot in area or lettering of a commercial nature.
COMMON DRIVEWAY
A driveway shared by not more than two lots.
[Added 12-19-2002 by L.L. No. 8-2002]
COMMUNITY AREAS
Those areas intended for use or enjoyment by all residents of a development, including roads, driveways, parking areas, walkways, landscaped areas and open space and recreation areas.
COMMUNITY POLE
A sign owned and maintained by the Town Board or by a group of businessmen as approved by the Town Board and which sign contains several directional signs for the purpose of directing persons to business and community establishments within the community.
CONTRACTOR'S YARD
Any space, whether inside or outside a building, used for the storage or keeping of construction equipment, machinery or vehicles, or parts thereof, which are in active use by a construction contractor.
COTTAGE OR CABIN DEVELOPMENT
Any parcel of land on which is located two or more cottages, cabins or other accommodations of a design or character suitable for seasonal, long-term recreational use with permanent structures or other temporary living purposes, including a summer colony or resort, but not including a trailer park, boardinghouse, hotel or motel.
[Amended 12-30-1987 by L.L. No. 9-1987]
COVERAGE
That lot area or percentage of lot area covered by buildings or structures, including accessory buildings and structures.
DEVELOPMENT
The utilization of a lot or tract of land for two or more principal uses.
[Amended 12-30-1987 by L.L. No. 9-1987]
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
In the following list, each district shall be deemed to be more restricted than the districts which precede it: I-1, A, R-1, R-V, B-2, MSMU, GB and GH, F. The restrictiveness of districts not included in this definition will be decided on a case-by-case basis by the Building Inspector.
[Amended 12-30-1987 by L.L. No. 9-1987; 10-3-2019 by L.L. No. 7-2019]
DRIVE-IN MOVIE
An open lot or part thereof, with appurtenant facilities, devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.
DRIVEWAY
An accessway which provides direct access between a dwelling, building, or other structure or use on a lot and a lawfully existing private road, a highway shown on an approved subdivision plat, a Town road, or a county or state highway, and which does not provide access through a lot to another lot.
[Amended 12-19-2002 by L.L. No. 8-2002]
DUMP
A lot or land used primarily for the disposal, by abandonment, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING
A building designed or used principally as the living quarters for one or more families. The term "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling," "multiple dwelling" or "dwelling group" shall not be deemed to include a motel, hotel, rooming house or other accommodations used for more-or-less transient occupancy. (See "residence.")
DWELLING GROUP
A group of three or more but not more than nine attached single- or two-family dwellings with party walls between.
DWELLING, MIXED-USE
A dwelling unit on the upper floor of a mixed-use building with a minimum area of 750 square feet. More than three such dwellings shall not be considered a multifamily dwelling in the MSMU, GB and GH Districts; however, such units shall comply with the requirements of an ENERGY STAR® qualified home and § 78-21 of the Town Code.
[Added 10-3-2019 by L.L. No. 7-2019]
DWELLING, MULTIFAMILY
A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently of each other.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A building containing two dwelling units.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one family.
ELECTRIC VEHICLE
Any motor vehicle that is registered with the New York State Department of Motor Vehicles and authorized to operate on public and private highways, roads, and streets, and uses electrical energy stored on board for motive purpose. "Electric vehicle" includes battery electric vehicles and plug-in hybrid electric vehicles.
[Added 2-27-2014 by L.L. No. 1-2014]
ELECTRIC VEHICLE CHARGING STATION
A public or private parking space that is served by electric vehicle supply equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery in an electric vehicle.
[Added 2-27-2014 by L.L. No. 1-2014]
ELECTRIC VEHICLE CHARGING STATION - PUBLIC USE
An electric vehicle charging station that is publicly owned and publicly available (e.g., parking spaces on a public street or municipal parking lot) or privately owned and publicly available (e.g., shopping center parking, nonreserved parking in multifamily parking lots).
[Added 2-27-2014 by L.L. No. 1-2014]
ELECTRIC VEHICLE CHARGING STATION - RESTRICTED USE
An electric vehicle charging station that is privately owned and restricted access (e.g., single-family home, designated employee parking) or publicly owned and restricted (e.g., fleet parking with no access to the general public).
[Added 2-27-2014 by L.L. No. 1-2014]
ELECTRIC VEHICLE INFRASTRUCTURE
The structures, machinery, and equipment necessary and integral to support an electric vehicle, including the electrical conduit and premises wiring requirements for the installation of electric vehicle supply equipment, as well as battery exchange stations.
[Added 2-27-2014 by L.L. No. 1-2014]
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle conductors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for purposes of delivering energy from the premises wiring to the electric vehicle, complying and conforming with National Electric Code Article 625 and Society of Automotive Engineers J1772 Standard.
[Added 2-27-2014 by L.L. No. 1-2014]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by municipal or other governmental agencies or nonprofit corporations, of firehouses, ambulance and emergency services stations, and accessory uses thereto, for the purpose of providing fire protection, ambulance or similar emergency services, whether such services are provided by a governmental agency or a nonprofit corporation, but excluding wireless communications facilities as defined in Article X of this chapter.
[Added 11-19-2009 by L.L. No. 6-2009]
FAMILY
One person or two or more persons related by blood, marriage or adoption or not more than five persons not necessarily related by blood, who live together in a single dwelling unit and maintain a common household.
FARM
Any parcel of land containing at least 10 acres which is used for gain in raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables and dog kennels.
FINISHED GRADE
The elevation at which the finished surface of the surrounding lot intersects the walls or supports of a building or other structure. If the line of intersection is not reasonably horizontal, the finished grade, in computing height of buildings and other structures or for other purposes, shall be the average elevation of all finished grade elevations around the periphery of the building, except that this average shall not exceed 1/2 of the floor-to-ceiling height.
FLOOR AREA
The aggregate sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings.
(1) 
In particular, the floor area of a building or buildings shall include:
(2) 
Basement space.
(3) 
Elevator shafts and stairwells at each floor.
(4) 
Floor space for mechanical equipment, with structural headroom of seven feet six inches or more.
(5) 
Penthouses.
(6) 
Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet six inches or more.
(7) 
Interior balconies and mezzanines.
(8) 
Enclosed porches.
(9) 
Accessory uses, not including space for accessory off-street parking.
(10) 
However, the floor area of a building shall not include:
(11) 
Cellar space, except that cellar space used for retailing shall be included for the purposes of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.
(12) 
Elevator and stair bulkheads, accessory water tanks and cooling towers.
(13) 
Floor space used for mechanical equipment, with structural headroom of less than seven feet six inches.
(14) 
Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet six inches.
(15) 
Uncovered steps; exterior fire escapes.
(16) 
Terraces, breezeways, open porches and outside balconies and open spaces.
(17) 
Accessory off-street parking spaces.
(18) 
Accessory off-street loading berths.
GARDEN APARTMENT
A multifamily dwelling for three or more families no greater than 2 1/2 stories in height.
GASOLINE FILLING STATION
An area of land, including structures thereon, or any building or part thereof, that is used primarily for the sale and direct delivery to the motor vehicle of gasoline or any other motor vehicle fuel or oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing (which does not require mechanical equipment) or otherwise servicing motor vehicles, but not including auto body work, welding or painting.
HEIGHT
The vertical distance from the average elevation of the proposed finished grade along the wall or walls of the building or structure, measured every 10 feet, to: one) to the highest point of the roof of a flat roof; or 2) the average height between eaves and ridge of gable, hip, gambrel and other sloped roofs. Utilities located on a roof shall be included in the calculation of a structure's height.
[Amended 10-3-2019 by L.L. No. 7-2019]
HOME OCCUPATION
A use conducted within a one-family or two-family dwelling, clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the residential character or appearance of the premises, and is carried on by the permanent residents of the dwelling unit and no more than one other employee. A home occupation use does not include uses such as medical or veterinary clinics, medical testing or other laboratories, barbershops or beauty parlors, restaurants, kennels and similar uses which have water, septic, traffic and other land use concerns not characteristic of typical home occupations.
[Added 12-19-2002 by L.L. No. 8-2002]
HOMEOWNERS' ASSOCIATION
An organization of homeowners residing within a particular development whose major purpose is to preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents.
HOSPITAL
A building containing beds for four or more patients and used for the diagnosis, treatment or other care of ailments and shall be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A building or any part thereof which contains living and sleeping accommodations for transient occupancy, has a common exterior entrance or entrances and which may contain one or more dining rooms.
IMPERVIOUS COVERAGE
The area of a lot covered by impervious surfaces. To calculate a lot's impervious surface ratio, divide the area of impervious surfaces by the lot's gross area.
[Added 10-3-2019 by L.L. No. 7-2019]
IMPERVIOUS SURFACE
A hard surface area that prevents or substantially impedes the natural infiltration of water into the underlying soil, resulting in an increased volume and velocity of surface water runoff. Impervious surfaces include, but are not limited to, buildings, patios, decks, sidewalks, driveways, compacted gravel, pavement, asphalt, concrete, roadways, parking areas and hard-surfaced recreational areas.
[Added 10-3-2019 by L.L. No. 7-2019]
JUNKYARD
Any plot, piece or parcel of land, with or without buildings, used for or occupied by the storage, keeping or abandonment of junk, including but not limited to scrap materials, used or salvaged building materials and/or dismantled, demolished or abandoned motor vehicles, trucks, trailers, machinery or parts thereof. The deposit on any plot, piece or parcel of land for a period exceeding 30 days of two or more unregistered or wrecked or dismantled or demolished motor vehicles, trucks, trailers or machinery, whether in whole or in part and whether the same are held for the purpose of resale, in whole or in part, or for the purpose of reclaiming for use some or all of the material therein, whether metal, glass, fabric or otherwise, or for the purpose of disposing of the same or for any other purpose shall be deemed to make such plot, piece or parcel of land a junkyard within this definition.
[Amended 12-28-1989 by L.L. No. 4-1989]
KENNEL
Any place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding of which a fee is charged or paid.
LOT
A parcel or tract of land, which may or may not be coincident with a lot or lots shown on a map of record that has been filed in the office of the County Clerk, which is not divided by a public street or highway shown on a plan approved by the Town of New Paltz Planning Board, and which is, or is to be, occupied by buildings or structures or otherwise devoted to one or more uses regulated by this chapter, together with such open spaces, yards or other areas as may be required by the provisions of this Code or the New York State Uniform Fire Prevention and Building Code.[3] A lot shall have frontage on a public street or highway sufficient to meet the requirements of this Code and all statutory or regulatory requirements applicable to the proposed use of the lot.
[Amended 8-16-2001 by L.L. No. 4-2001]
LOT, CORNER
A lot situated at the junction of and adjacent to two or more intersecting streets when the interior angle of intersection does not exceed 135º.
LOT COVERAGE
See "coverage."
LOT, DEPTH OF
The mean distance from the front street line of a lot to its rear line.
LOT FRONTAGE
That lot line coincident with, and measured along, the right-of-way of any dedicated Town, county or New York State highway, or along a line 24.75 feet from the center line of any highway that has been lawfully established by use. A corner lot shall be considered to have two such frontages.
[Amended 8-16-2001 by L.L. No. 4-2001]
LOT LINES
The lines bounding a lot, as defined herein.
LOT, THROUGH
A lot which faces on two streets at opposite ends of the lot and which is not a corner lot.
LOT WIDTH
The minimum horizontal distance between the side lot lines, measured at the line established by the front yard setback applicable to such lot, which shall in turn be measured from the lot line established by the required lot frontage. At all points between the frontage of the lot and the greater of the line established by the minimum front yard setback or the closest point of any actual or proposed principal building on the lot, the width of the lot, measured from side lot line to side lot line, shall not be less than the required frontage.
[Amended 8-16-2001 by L.L. No. 4-2001]
MOBILE HOME
A vehicle which is used or designed to be used for living or sleeping purposes and which is customarily standing on wheels or rigid supports.
[Amended 12-30-1987 by L.L. No. 9-1987]
MOTEL
A building or group of buildings containing individual living and sleeping accommodations for hire, each of which is provided with a separate exterior entrance and a parking space and is offered for rental and use principally by motor vehicle travelers. The term "motel" includes but is not limited to every type of similar establishment known variously as an "auto court," "motor hotel," "motor court," "motor inn," "motor lodge," "tourist court," "tourist cabin" or "roadside hotel."
NATURAL GAS AND OIL EXPLORATION
The use of land for geological or geophysical activities related to the search for natural gas, oil or other subsurface hydrocarbons, including prospecting, geophysical and geological seismic surveying and sampling techniques, which include but are not limited to core or rotary drilling or making an excavation in the search and evaluation of natural gas, oil or other subsurface hydrocarbon deposits.
[Added 11-15-2012 by L.L. No. 2-2012]
NATURAL GAS AND OIL EXTRACTION
The use of land for the purpose of extracting, developing and producing natural gas, oil or other subsurface hydrocarbons from subsurface deposits. Natural gas and oil extraction includes storage or construction staging yards associated with an oil or gas extraction operation, and gas pipelines, water lines and other gathering systems and components, including but not limited to drip stations, vent stations, injection stations and valve boxes associated with a natural gas or oil extraction operation.
[Added 11-15-2012 by L.L. No. 2-2012]
NATURAL GAS AND OIL PRODUCTION BY-PRODUCTS
Any refuse, sludge or other waste materials, whether or not recycled or reused or intended to be recycled or reused, including solid, liquid, semisolid, or contained gaseous material that results from, is associated with or is produced as a by-product of natural gas and oil exploration or extraction, including, without limitation, production brine, produced waters, flowback, flowback fluids and hydraulic fracturing fluids.
[Added 11-15-2012 by L.L. No. 2-2012]
NATURAL GAS AND OIL SUPPORT ACTIVITIES
The construction, use or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas or oil storage facility, or a natural gas or oil gathering line, venting station, or compressor associated with the exploration or extraction of natural gas or oil.
[Added 11-15-2012 by L.L. No. 2-2012]
NONCONFORMING BUILDING
A structure lawfully existing at the effective date of this chapter, or at the time of any amendment thereto affecting such structure, which does not thereafter conform to one or more of the applicable "bulk" regulations established by this chapter for the district in which such building is situated, irrespective of the use to which such structure is put.
[Added 1-16-2003 by L.L. No. 1-2003[4]]
NONCONFORMING LOT
A lot, the area or dimension of which was lawful at the effective date of this chapter, or at the time of any amendment thereto affecting such lot, which does not thereafter conform to one or more of the applicable bulk regulations established by this chapter for the district in which such lot is situated by reason of such adoption, revision or amendment.
[Added 1-16-2003 by L.L. No. 1-2003]
NONCONFORMING USE
Any use of a building, other structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter, or at the time of any amendments thereto affecting such use, which does not thereafter conform to the use regulations of this chapter for the district in which such use is located.
[Amended 1-16-2003 by L.L. No. 1-2003]
NURSERY SCHOOL
Any place, however designated, operated for the purpose of providing daytime care or instruction for two or more children from two to five years of age, inclusive, and operated on a regular basis, including kindergartens, day nurseries and day-care centers.
NURSING OR CONVALESCENT HOME
A building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OPEN SPACE
Land that is left in its natural state for conservation purposes, including wildlife habitat and wildlife corridors; landscaped for aesthetic or scenic purposes; devoted to active or passive recreation; used for stormwater management facilities; or used for the preservation of distinctive architectural, historic, geologic and botanic sites, but not impervious surfaces such as driveways, parking areas or paved areas not used for recreation.
[Amended 12-19-2002 by L.L. No. 8-2002]
PLANNED RESORT
A development of a site located within the Planned Resort Overlay District in compliance with the standards applicable to the Planned Resort use. Nothing in this definition, or the Planned Resort Overlay District regulations or supplemental use regulations applies to a "vacation resort," as that term is elsewhere used in the Zoning Law.
[Added 10-3-2019 by L.L. No. 7-2019]
PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV)
An electric vehicle that contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; charges its battery primarily by connecting to the grid or other off-board electrical source; may additionally be able to sustain battery charge using an on-board internal-combustion-driven generator; and has the ability to travel powered by electricity.
[Added 2-27-2014 by L.L. No. 1-2014]
PREMISES
A lot, together with all the buildings and uses thereon.
RECREATIONAL SPORT VEHICLES
Snowmobiles, all-terrain vehicles, personal water vehicles and other motorized vehicles intended primarily for recreational off road use, operated by an individual and seating one to four riders, and required to be registered and/or titled by the Vehicle and Traffic Law of the State of New York if operated within the state. Recreational sport vehicles do not include vehicles intended to provide overnight residential accommodations, farm and construction equipment or other vehicles not designed and intended primarily for recreational use.
[Added 6-16-2005 by L.L. No. 3-2005]
RESIDENCE or RESIDENTIAL
A building or any part of a building which contains living and sleeping accommodations for permanent occupancy. Residences, therefore, include all one-family, multifamily, boarding-, fraternity and sorority houses. However, residences shall not include the following:
(1) 
Transient accommodations, such as hotels, motels and hospitals; or
(2) 
That part of a building containing both residences and other uses which is used for nonresidential uses, except accessory uses for residences.
RIDING ACADEMY
Any establishment where horses are kept for riding, driving or stabling for compensation.
RIGHT-OF-WAY
The full width of a street or easement established by deed or use for vehicular or pedestrian passage of the general public.
[Amended 12-19-2002 by L.L. No. 8-2002]
ROAD STAND
A light structure with a roof, either attached to the ground or movable, intended for the sale of local produce to the general public.
SALE AND DISPLAY OF RECREATIONAL SPORT VEHICLES AS ANCILLARY USE TO AUTOMOBILE STORAGE AND REPAIR
Sales and display of recreational sport vehicles that are ancillary to a principal permitted use of automobile repair in the LI District, subject to site plan and special permit use by the Planning Board in compliance with § 140-41.
[Added 6-16-2005 by L.L. No. 3-2005]
SETBACK
The distance in feet from the street line to the principal building on a lot.
SHOPPING CENTER I
A group of contiguous or adjacent stores, shops and similar commercial retail establishments consisting of more than 35,000 square feet of floor area, planned, constructed and managed as a total entity with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements. For purposes of this chapter, shopping center I shall include a freestanding store, shop or similar commercial retail establishment consisting of more than 35,000 square feet of floor area.
[Added 3-18-1999 by L.L. No. 4-1999]
SHOPPING CENTER II
A group of contiguous or adjacent stores, shops and similar commercial retail establishments having 35,000 square feet of floor area or less, planned, constructed and managed as a total entity with customer and employee parking provided on site, provisions for goods delivery separated from customer access, aesthetic considerations and protection from the elements. For purposes of this chapter, shopping center II shall include a freestanding store, shop or similar commercial retail establishment having a floor area of 35,000 square feet or less.[5]
[Added 3-18-1999 by L.L. No. 4-1999]
SINGLE OWNERSHIP
Possession of land under single or unified control, whether by sole, joint, common or other ownership, or by a lease having a term of not less than 30 years, regardless of any division of such land into parcels for the purpose of financing.
SOIL MINING
The use of land for the purpose of extracting and selling stone, sand, gravel or other minerals and not including natural gas or oil exploration and extraction.
[Added 11-15-2012 by L.L. No. 2-2012]
STORY
That part of a building comprised between a floor and the floor or roof next above it. (See "attic," "basement" and "cellar.")
STORY, HALF
That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 of the floor-to-ceiling height of the story below.
STREET
An existing public way which affords principal means of access to abutting properties and is suitably improved or a proposed way shown on a plat approved by all appropriate official agencies.
STREET WIDTH
The width of the right-of-way or the distance between property lines on opposite sides of a street.
STRUCTURE
A static construction of building materials, including buildings, stadiums, platforms, towers, sheds, display stands, storage bins, signs, reviewing stands, gasoline pumps, mobile dwellings (whether mobile or stationary at the time) and the like.
TOWNHOUSE or ROW HOUSE
One of a group of two or more attached dwelling units divided from each other by party walls and each having separate entrances from the outside.
[6]
TRAILER CAMP or TRAILER PARK
A tract of land which is used or intended to be used for the parking of two or more mobile homes.
[Amended 12-30-1987 by L.L. No. 9-1987]
USE
This term is employed in referring to:
(1) 
The purpose for which any buildings, other structures or land may be arranged, designed, intended, maintained or occupied.
(2) 
Any occupation, business activity or operation conducted or intended to be conducted in a building or other structure or on land.
VACATION RESORT
Any area of land on which is located two or more cabins, cottages or a hotel or group of buildings, containing living and sleeping accommodations hired out for compensation, which has a public lobby serving the guests and may contain one or more dining rooms and recreation facilities of a design and character suitable for seasonal or more-or-less temporary living purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise.
VARIABLE-DENSITY RESIDENTIAL DEVELOPMENT
A development consisting of garden apartments, townhouses, single-family homes or a combination thereof and providing for the dedication of relatively large amounts of land to open space, conservation, recreation and landscaping.
WAY
A thoroughfare, however designated, permanently established for passage of persons or vehicles.
YARD, FRONT
The space within and extending the full width of a lot from the front lot line to the part of the principal structure which is nearest to such front lot line.
[Amended 10-3-2019 by L.L. No. 7-2019]
YARD, REAR
The space within and extending the full width of a lot from the rear lot line to the part of the principal structure which is nearest to such rear lot line.
[Amended 10-3-2019 by L.L. No. 7-2019]
YARD, REQUIRED
That portion of the open area of a lot extending open and unobstructed from the ground upward, along a lot line for a depth or width as specified by the bulk regulations of the district in which the lot is located. No part of such yard shall be included as part of a yard or other open space similarly required for buildings on another lot.
YARD, SIDE
The space within a lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the structure which is nearest to such side lot line.
[Amended 10-3-2019 by L.L. No. 7-2019]
[1]
Editor's Note: The definition of "billboard," which immediately followed this definition, was repealed 12-20-2001 by L.L. No. 6-2001. For current provisions, see Art. XIII, Signs.
[2]
Editor's Note: The definition of "building, main," which immediately followed this definition, was deleted 12-30-1987 by L.L. No. 9-1987.
[3]
Editor's Note: See Ch. 78, Building Construction and Fire Prevention.
[4]
Editor's Note: This local law also repealed the former definition of “nonconforming bulk,” which immediately preceded this definition.
[5]
Editor's Note: The definitions of "sign," "sign, advertising," "sign area," "sign, business," "sign, directly illuminated," "sign, flashing," "sign, illuminated," "sign, indirectly illuminated" and "sign, representational," which immediately followed this definition, were repealed 12-20-2001 by L.L. No. 6-2001. For current provisions, see Art. XIII, Signs.
[6]
Editor's Note: The definition of "trailer, house," which immediately followed this definition, was repealed 12-30-1987 by L.L. No. 9-1987.
[Amended 1-14-1981 by L.L. No. 1-1981; 12-30-1987 by L.L. No. 9-1987; 6-18-1998 by L.L. No. 2-1998; 8-19-2010 by L.L. No. 7-2010; 10-3-2019 by L.L. No. 7-2019]
In order to fulfill the purpose of this chapter, the Town of New Paltz establishes and is hereby divided into the following eight zoning districts:
A-1.5
Agriculture 1.5
A-3
Agriculture 3
R-1
Residence
R-V
Variable-Density Residence
B-2
Highway Business
I-1
Light Industrial
MHN
Mobile Home Neighborhood
WCF
Wireless Communications Facilities Overlay
FW
Floodway
FF
Flood Fringe
GF
General Floodplain
MSMU
Main Street Mixed Use
GB
Gateway Business
GH
Gateway Hamlet
[Amended 4-20-2006 by L.L. No. 3-2006; 10-3-2019 by L.L. No. 7-2019; 6-2-2022 by L.L. No. 2-2022]
The location and boundaries of said zoning districts are shown on the map designated "Town of New Paltz Zoning Map," last revised May 6, 2022, to extend the GB (Gateway Business) boundary on Old Route 299 prepared by Willingham Engineering (Andrew Willingham, P.E.). Said map, together with all notes, legends and other writings endorsed thereon is hereby adopted and is declared to be an appurtenant part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply.
A. 
Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way line of such street, highway, public utility or watercourse is moved a maximum of 100 feet.
B. 
Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C. 
Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
D. 
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion.
E. 
In all other cases, where not dimensioned, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.