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.
ACCESSORY BUILDING
ACCESSORY USE
ADAPTIVE REUSE
ALTERATION
AREA, BUILDING
ATTIC
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BOARDINGHOUSE
BUFFER STRIP
BUILDING
BUILDING, ACCESSORY
BUILDING, DETACHED
BUILDING GROUP
BUILDING LINE
BUILDING, PRINCIPAL
BUILDING, SEMIDETACHED
BULK
CAMP
CELLAR
CHARGING
CHARGING LEVEL
(1)
(2)
(3)
CLUB, MEMBERSHIP
COMMERCIAL INDOOR RECREATION
COMMERCIAL VEHICLE
COMMON DRIVEWAY
COMMUNITY AREAS
COMMUNITY POLE
CONTRACTOR'S YARD
COTTAGE OR CABIN DEVELOPMENT
COVERAGE
DEVELOPMENT
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
DRIVE-IN MOVIE
DRIVEWAY
DUMP
DWELLING
DWELLING GROUP
DWELLING, MIXED-USE
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ELECTRIC VEHICLE
ELECTRIC VEHICLE CHARGING STATION
ELECTRIC VEHICLE CHARGING STATION - PUBLIC USE
ELECTRIC VEHICLE CHARGING STATION - RESTRICTED USE
ELECTRIC VEHICLE INFRASTRUCTURE
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
ESSENTIAL SERVICES
FAMILY
FARM
FINISHED GRADE
FLOOR AREA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
GARDEN APARTMENT
GASOLINE FILLING STATION
HEIGHT
HOME OCCUPATION
HOMEOWNERS' ASSOCIATION
HOSPITAL
HOTEL
IMPERVIOUS COVERAGE
IMPERVIOUS SURFACE
JUNKYARD
KENNEL
LOT
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT FRONTAGE
LOT LINES
LOT, THROUGH
LOT WIDTH
MOBILE HOME
MOTEL
NATURAL GAS AND OIL EXPLORATION
NATURAL GAS AND OIL EXTRACTION
NATURAL GAS AND OIL PRODUCTION BY-PRODUCTS
NATURAL GAS AND OIL SUPPORT ACTIVITIES
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NURSERY SCHOOL
NURSING OR CONVALESCENT HOME
OPEN SPACE
PLANNED RESORT
PLUG-IN HYBRID ELECTRIC VEHICLE (PHEV)
PREMISES
RECREATIONAL SPORT VEHICLES
RESIDENCE or RESIDENTIAL
RIDING ACADEMY
RIGHT-OF-WAY
ROAD STAND
SALE AND DISPLAY OF RECREATIONAL SPORT VEHICLES AS ANCILLARY
USE TO AUTOMOBILE STORAGE AND REPAIR
SETBACK
SHOPPING CENTER I
SHOPPING CENTER II
SINGLE OWNERSHIP
SOIL MINING
STORY
STORY, HALF
STREET
STREET WIDTH
STRUCTURE
TOWNHOUSE or ROW HOUSE
TRAILER CAMP or TRAILER PARK
USE
VACATION RESORT
VARIABLE-DENSITY RESIDENTIAL DEVELOPMENT
WAY
YARD, FRONT
YARD, REAR
YARD, REQUIRED
YARD, SIDE
As used in this chapter, the following terms shall
have the meanings indicated:
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.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
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]
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]
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.
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.
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]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]
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.
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]
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]
See "accessory building."
A building surrounded by open space on the same lot.
[2]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.
The line, established by statute, local law or ordinance,
beyond which a building shall not extend, as specifically provided
by law.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building attached by a party wall to another building normally
of the same type on another lot, but having one side yard.
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.
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]
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.
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]
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]
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.
Level 2 is considered "medium" charging level, typically requiring
an amp breaker of 40 to 100 amps on an AC circuit of 240 volts.
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.
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.
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]
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.
A driveway shared by not more than two lots.
[Added 12-19-2002 by L.L. No. 8-2002]
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.
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.
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.
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]
That lot area or percentage of lot area covered by buildings
or structures, including accessory buildings and structures.
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]
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]
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.
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]
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.
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.")
A group of three or more but not more than nine attached
single- or two-family dwellings with party walls between.
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]
A dwelling containing three or more dwelling units and occupied
or designed for occupancy by three or more families living independently
of each other.
A building containing one dwelling unit only.
A building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
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]
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]
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]
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]
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]
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]
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]
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.
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.
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.
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.
In particular, the floor area of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural
headroom of seven feet six inches or more.
Penthouses.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of seven feet six inches
or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory
off-street parking.
However, the floor area of a building shall
not include:
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.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment, with
structural headroom of less than seven feet six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
Uncovered steps; exterior fire escapes.
Terraces, breezeways, open porches and outside
balconies and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths.
A multifamily dwelling for three or more families no greater
than 2 1/2 stories in height.
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.
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]
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]
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.
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.
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.
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]
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]
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]
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.
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]
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.
See "coverage."
The mean distance from the front street line of a lot to
its rear line.
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]
The lines bounding a lot, as defined herein.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
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]
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]
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."
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]
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]
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]
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]
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]]
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]
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]
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.
A building with less than 15 sleeping rooms where persons
are housed or lodged and furnished with meals and nursing care for
hire.
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]
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]
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]
A lot, together with all the buildings and uses thereon.
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]
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:
Any establishment where horses are kept for riding, driving
or stabling for compensation.
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]
A light structure with a roof, either attached to the ground
or movable, intended for the sale of local produce to the general
public.
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]
The distance in feet from the street line to the principal
building on a lot.
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]
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]
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.
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]
That part of a building comprised between a floor and the
floor or roof next above it. (See "attic," "basement" and "cellar.")
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.
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.
The width of the right-of-way or the distance between property
lines on opposite sides of a street.
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.
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]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]
This term is employed in referring to:
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.
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.
A thoroughfare, however designated, permanently established
for passage of persons or vehicles.
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]
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]
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.
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.
[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.
