[Amended 12-20-2001 by L.L. No. 6-2001; 12-19-2002 by L.L. No. 8-2002]
In any zoning district, home occupations, as
defined in this chapter, are allowed to be conducted subject to the
additional provisions that no person shall be permitted to share,
let or sublet space for any business, trade or profession; that there
shall be no external evidence of such use; and that there shall not
be any exterior storage of materials or equipment.
[Added 3-18-1999 by L.L. No. 4-1999; amended 3-25-2004 by L.L. No. 2-2004]
A.
Within that portion of the B-2 Zoning District lying generally on the northerly side and on the southerly side of New York State Route 299, extending from the easterly boundary of the incorporated Village of New Paltz Ulster County, New York, shopping centers shown on site plans for which final approval has been granted prior to March 18, 1999, shall be deemed a use permitted in the B-2 Zoning District and may be developed or expanded, subject to the requirements of § 140-52 of this chapter, and any applicable provisions of the Town Code in effect at the time of any application for approval of a site plan; provided, however, that no single store in such shopping center shall be permitted to expand beyond 50% of its approved floor area or beyond 65,000 square feet of floor area, whichever is less.
[Amended 10-3-2019 by L.L. No. 7-2019[1]]
[1]
Editor's Note: This local law also repealed former Subsection
B, containing approval for additional shopping center areas, and redesignated
former Subsection C as Subsection B.
B.
FLOOR AREA
DEVELOPED
EXPANDED
For purposes of this section, the following words
and terms are defined as follows:
The same meaning as defined in § 140-4 of the Code of the Town of New Paltz and shall additionally include cellar space providing structural headroom of seven feet six inches or more.
Constructed, demolished (in whole or in part) and reconstructed,
modified, rehabilitated, or refurbished.
An increase in the net floor area of a building shown on
a site plan for a shopping center use approved prior to March 18,
1999. “Expansion” of a building or use shall not include
any development or reconstruction of a building or use otherwise permitted
by this section that reduces the net floor area shown on such site
plan.
A.
Any proposed excavation adversely affecting natural
drainage or structural safety of adjoining buildings or lands shall
be prohibited. Excavations shall not create any noxious or injurious
substance or condition or cause public hazard.
B.
In any district, excavation relating to the construction,
on the same lot, of a building or structure for which a building permit
has been issued shall be permitted. In the event that construction
of a building or structure is stopped prior to completion and the
building permit is allowed to expire, the premises shall immediately
be cleared of any rubbish or building materials, and any excavation
with a depth greater than two feet below existing grade shall immediately
be filled in and the topsoil replaced, or all such excavations shall
be entirely surrounded by a substantial fence at least six feet high
that will effectively block access to the area in which the excavation
is located.
In any district, the following standards for
activities shall apply:
A.
The distribution of manure, fertilizer, spray or dust
for agricultural purposes is permitted; provided, however, that no
storage of manure, odor- or dust-producing substance or use shall
be permitted within 200 feet of any property line, except on farms,
where customary agricultural operations shall be permitted.
B.
No offensive or objectionable vibration, odor or glare
shall be noticeable at or beyond the property line.
C.
No activity shall create a physical hazard, by reason
of fire, explosion, radiation or other such cause, to persons or property
in the same or adjacent district.
D.
There shall be no discharge of any liquid or solid
waste into any stream or body of water or any public or private disposal
system or into the ground of any materials of a nature that may contaminate
any water supply, including groundwater supply.
E.
There shall be no storage of any material, either
indoors or outdoors, in such a manner that it facilitates the breeding
of vermin or endangers health in any way.
F.
The emission of smoke, fly ash or dust which can cause
damage to the health of persons, animals or plant life or to other
forms of property shall be prohibited.
After the planned right-of-way line for future
streets, for future extensions of existing streets or for future street
widening is established on the Official Map, if any, buildings and
structures shall be set back from such line as though it were a street
line.
A.
Accessory buildings not attached to principal buildings
shall be located not closer to the principal building than 12 feet
or a distance equal to the height of each accessory building, whichever
is greater.
B.
In a residential district, accessory uses not enclosed
in a building, including swimming pools and tennis courts, shall be
erected only on the same lot as the principal structure, may not be
constructed in the side or front yards of such lot and shall be distant
not less than 20 feet from any lot line nor less than 10 feet from
the principal structure and shall not adversely affect the character
of any residential neighborhood by reason of noise or glare or safety.
C.
No person shall construct or install a swimming pool
in the Town without having first obtained a permit therefor, issued
by the Building Inspector. An application for such a permit, accompanied
by two sets of plans and specifications of such proposed swimming
pool, shall be filed with the Building Inspector. There shall be stated
in such application the premises and the exact location thereon where
said swimming pool is proposed to be constructed or installed. A fee
as set forth from time to time by resolution of the Town Board shall
be charged for such permit and shall accompany the application. In
those cases where the approval of the Ulster County Board of Health
is required, pursuant to its rules, regulations or procedures governing
specific types and locations of pools, the Building Inspector shall
issue a building permit only after the receipt of any approval required
by the Ulster County Board of Health.
[Added 2-22-2001 by L.L. No. 1-2001]
D.
Notwithstanding the provisions of any state or local
law, rule, order or regulation which shall apply, the perimeter of
the pool, unless specifically exempted below, shall be enclosed with
a permanent fence, which shall be a minimum of 48 inches in height
and which shall be installed and thereafter maintained so as to be
structurally sound and durable.
[Added 2-22-2001 by L.L. No. 1-2001]
E.
The following shall be exempt from the requirements of Subsection D, above:
[Added 2-22-2001 by L.L. No. 1-2001]
(1)
Aboveground pools with at least 46 inches between
the pool decking or pool top and adjoining grade for a distance of
at least five feet measured horizontally from the pool deck or pool
top, provided that their access ladder or steps can be blocked in
an approved manner when not intended for use; and
(2)
A pool less than 24 inches deep.
For the purpose of minimizing traffic hazards
at street intersections, on any corner lot, no obstructions higher
than 2 1/2 feet above the adjacent top-of-curb elevation shall be
permitted to be planted, placed, erected or maintained within the
triangular area formed by the intersecting pavement lines or their
projections, where corners are rounded, and a straight line joining
the pavement lines at points 50 feet distant from their point of intersection.
[Amended 5-24-1990 by L.L No. 12-1990]
A.
BUILDING INSPECTOR
FENCE
HEIGHT
LIVING FENCE
LOT, CORNER
PERSON
TENNIS COURT
TOWN BOARD
TOWN CLERK
YARD, FRONT
YARD, FRONT, REAR LINE
YARD, REAR
YARD, SIDE
ZONING BOARD OF APPEALS
ZONING ENFORCEMENT OFFICER
Word usage and definitions. As used in this section,
the following terms shall have the meanings as indicated:
The Building Inspector of the Town of New Paltz.
Any structure, regardless of composition, except living fences,
that is erected or maintained for the purpose of enclosing in full
or in part any open space, lot or yard or dividing the same into distinct
portions.
The vertical distance from the ground to the top of a fence
which shall be measured from the average finished grade of the land
upon which the same is erected.
Any fence or hedge composed of live materials.
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.
Any individual, firm, partnership, association, corporation,
company or organization who or which resides in or was or which is
engaged in the performance of any business, venture, accommodation
or activity within the Town of New Paltz and shall include any individual,
firm, partnership, association, corporation, company or organization
that has a lease, oral or in writing, either as landlord or tenant,
for any premises within the Town of New Paltz.
Any area on the ground upon which a game using a net between
opposing players, a ball and racquets is played, and includes any
adjacent fencing, walls, screening or other material which may limit
the movement of or confine the ball or serve to conceal the court.
The Town Board of the Town of New Paltz.
The Town Clerk of the Town of New Paltz.
A yard extending along the full length of the front lot line
between the side lot lines.
The horizontal distance between the side lot lines measured
along the rear line of any front yard setback required pursuant to
the Density Control Schedule of the Town of New Paltz Zoning Law[1] or the horizontal distance between the side lot lines
measured along a line coincident with the front facing portion of
the principal building or structure located upon the lot, whichever
of the foregoing lines shall be nearer to the rear lot line.
A yard extending along the full length of the rear lot line,
between the side lot lines.
A yard situated between the building and the side line of
a lot and extending from the front yard rear line or from the front
lot line if there is no required front yard to the rear yard front
line or to the rear lot line if there is no required rear yard.
The Zoning Board of Appeals of the Town of New Paltz.
The Zoning Enforcement Officer of the Town of New Paltz.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
B.
Applicability. In any district wherein residences
are permitted, it shall be unlawful for any person to construct or
to commence construction of a wall or fence without first making application
to and obtaining a permit from the Building Inspector of the Town
of New Paltz.
C.
Business and industrial properties. In any business
district or industrial district there shall be no restrictions on
fences or walls except on a residence district boundary line, where
such fences or walls shall be limited to eight feet in height and
except where corner clearances are required.
D.
Building permit required.
(1)
Any person or persons, corporation, firm or association
intending to erect a fence shall, before any work is commenced, make
application to the Building Inspector on a form provided by the Building
Inspector. Said application shall be accompanied by a plan or sketch,
accurately drawn and dimensioned to scale, showing the proposed location
of any fence or wall and the materials proposed to be used therein,
which must be in accordance with this chapter and which must be in
accordance with any other pertinent local law regulating construction
within the Town of New Paltz and shall be accompanied by an appropriate
fee. Upon approval by the Building Inspector, a permit shall be issued
which will be in effect for a period of one year from the date such
permit is issued. Said permit shall be conspicuously posted on the
job during the progress of the work so that the same may be inspected
by any appropriate Town official. In the event that any approved fence
construction is not completed within said one-year period, a new application
and permit will be required.
(2)
Application fees and permit fees shall be established,
from time to time, by resolution adopted by the Town Board.
E.
Living fences. Living fences shall be excepted from
the provisions of this chapter; provided, however, that no living
fence shall be placed nearer than two feet to any existing sidewalk
nor to any adjoining property line. Living fences shall be maintained
in a neatly trimmed condition and shall not interfere with the visibility
of pedestrian or vehicular traffic.
F.
Height limitations. Except as otherwise provided in
this chapter, heights shall be limited as follows:
(1)
Rear yards: No fence or wall nor any portion thereof
located in any rear yard nor along all or any portion of any rear
lot line shall be more than six feet in height.
(2)
Side yards: No fence or wall nor any portion thereof
located in any side yard nor along all or any portion of any side
lot line shall be more than six feet in height nor shall any wall
or fence nor any portion thereof located in any side yard nor along
all or any portion of any side lot line extend forward of the front
yard rear line.
(3)
Front yard rear line: No fence or wall nor any portion
thereof located along all or any portion of any front yard rear line
shall be more than six feet in height.
(4)
Front yard side lot line: No wall or fence nor all
or any portion thereof located along all or any portion of any side
yard extending from the front yard rear line to the front lot line
shall be greater than four feet in height.
(5)
Front yard: No wall or fence nor all or any portion
thereof shall be located in any front yard except as follows:
(a)
A fence not exceeding four feet in height and
intended for decorative purposes may be erected as part of a landscape
plan in a front yard along, adjacent to or in connection with a driveway
or corner of a front yard; provided, however, that for the purpose
of minimizing traffic hazards at street intersections, no wall or
fence nor all or any portion thereof located on any corner lot and
higher than 2 1/2 feet above the adjacent elevation shall be permitted
to be planted, placed, erected or maintained within the triangular
area formed by the intersecting pavement lines or their projections
where corners are rounded and a straight line joining the pavement
lines at points 50 feet distant from their point of intersection;
and
(b)
Such wall or fence shall be erected wholly within
the lot lines of the property.
G.
Materials and composition.
(1)
Any fence or wall, including any living fence, which
unduly cuts off light or air or which may cause a nuisance, a fire
hazard or a dangerous condition is hereby expressly prohibited.
(2)
The following fences and fencing material are specifically
prohibited:
(a)
Canvas fences.
(b)
Cloth fences.
(c)
Barbed wire, electrically charged fences, poultry
or chicken wire fences except as may be required to contain livestock
and farm animals upon any lands of 10 acres or more and used primarily
or exclusively as a farm.
(d)
Temporary fences, including but not limited
to snow fences, expandable fences, collapsible fences, etc., unless
on construction sites pursuant to a valid permit issued by the Building
Inspector.
(3)
All chain link fences erected shall be erected with
the closed loop at the top of the fence.
(4)
No fence shall be multicolored.
(5)
All entrances or gates shall open onto the property.
(6)
Any wood, stockade, chain link or other type of fence
shall have the smooth or finished side facing the outside of the property
of the owner installing the fence. Fence posts shall be placed on
the inside of the fence.
(7)
All fences or walls must be erected within the property
line, and none shall be erected so as to encroach upon a public right-of-way
or interfere with vehicular or pedestrian traffic.
H.
Tennis and other courts.
(1)
Compliance with provisions. No tennis court or elevated
court shall be built or maintained on any plot or parcel of land in
any residential district in the Town of New Paltz, as may be shown
on the Zoning Map of the Town of New Paltz,[2] except in compliance with the provisions of this chapter.
[2]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
(2)
Construction as accessory use. No tennis court or
elevated court may be constructed or maintained except as an accessory
use incidental to and subordinate to the principal use of the property.
(3)
Location on lot No tennis court or elevated court
shall be constructed in a front yard or side yard nor shall the same
be constructed within 20 feet of any side lot line.
(4)
Fencing.
(a)
Where such tennis court is to be surrounded
by a fence, the same shall be constructed and maintained in accordance
with the following specifications so long as the tennis court remains
in existence:
[1]
Height: The height shall be not less than 10
feet nor more than 12 feet above the playing surface.
(b)
All elevated courts shall be completely enclosed
with fences of sufficient height and density to keep the ball within
the confines of the court itself and shall be built of materials of
adequate strength to form a permanent, safe and steady structure sufficiently
secure to assure that the game and the players will be confined within
the court area.
I.
Visibility at intersections; violations. The Building
Inspector shall have the authority to direct, in writing, the removal,
trimming or modification of any shrubs, bushes, plants, trees or flowers
or other vegetation, fence, wall or other structure on private or
public property wherever the same shall interfere with adequate visibility
of operators of motor vehicles at street intersections, driveways
or curbs. Any person who shall refuse or neglect to comply within
15 days with the written direction of the Building Inspector shall
be guilty of a violation of this section and shall be subject to its
penalties.
J.
Nonconforming structures. The lawful use of any fence
or wall existing at the time of the enactment of this chapter may
be continued although such use does not conform to the provisions
of this chapter. If any such fence is hereafter removed or destroyed,
the same shall not be rebuilt except in compliance with the terms
and provisions of this section.
K.
Appeals. The Zoning Board of Appeals is hereby empowered
to review and decide appeals from any order, requirements, decisions,
determination or opinion made by the Building Inspector or any other
administrative official charged with the enforcement of the provisions
of this section. Such appeal shall be taken within 30 days of the
decision or action complained of. The Zoning Board of Appeals shall
have the power, in passing on appeals to it, to vary or modify the
provisions of this chapter relating to the construction, placement
or height of fences, such that the spirit of this chapter shall be
observed, that public safety and welfare shall be secured and that
substantial justice shall be done by granting a variance upon a showing
of practical difficulty or unnecessary hardship. In granting such
a variance, the Board may attach conditions to the variance as, in
its judgment, it deems appropriate.
L.
Inspections and enforcement.
(1)
The Building Inspector is hereby authorized and directed
to make inspections to determine compliance with this section. Whenever
the Building Inspector determines that there is a violation of the
provisions of this section, such Building Inspector shall cause a
written notice to be served upon the person alleged to be in violation
of any of the provisions of this section, which shall include:
(a)
An enumeration of conditions which violate the
provisions of this section;
(b)
An enumeration of the remedial action required
to meet the standards of this section;
(c)
A statement of a definite number of days from
the date of the notice in which the person to whom such notice is
directed must commence and complete such remedial action; and
(d)
A statement of penalties for noncompliance,
as set forth herein.
(2)
A copy of such notice shall be filed in the office
of the Town Clerk of the Town of New Paltz, and service of such notice
shall be deemed sufficient if served upon the person alleged to be
in violation of any of the provisions of this section in the manner
prescribed in supreme court practice; provided, however, that the
filing of proofs of service shall not be required.
M.
Penalties for offenses.
(1)
Each and every violation of this section shall constitute
and shall be a violation as defined in Article 10, § 10.00,
Subdivision 3, of the Penal Law and shall be punishable by a fine
not to exceed $250 or by imprisonment for a term not to exceed 15
days, or by both.
(2)
Any person violating this section shall be subject
to a civil penalty enforceable and collectible by the Town. Such penalty
shall be collectible by and in the name of the Town for each week
that such violation shall continue.
(3)
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction any violation of this section.
In all districts, off-street automobile parking
spaces and truck loading areas for the various permitted uses shall
be required at the time any of the main buildings or structures of
such uses are constructed or altered, as follows:
A.
Required off-street automobile parking spaces. The
minimum cumulative number of spaces shall be determined by the amount
of dwelling units, bedrooms, floor area, members, equipment, employees
and/or seats contained in such new buildings or structures or added
by alteration of buildings or structures, and such minimum number
of spaces shall be maintained by the owners of such buildings or structures
as follows:
(1)
Office, business and commercial uses:
(a)
Required spaces:
[1]
For a retail business or service, bank or post
office, one space for each 200 square feet of customer floor area.
[2]
For an office, including professional, personal
service, public utility or public, one space for each 300 square feet
of gross office floor area.
[3]
For a restaurant, bar or nightclub, one space
for each 50 square feet of customer floor area.
[4]
For a funeral home, one space for each five
seats of auditorium capacity.
[5]
For any commercial use, one space for each company
vehicle.
(b)
Spaces in municipal parking lots, where provided,
may be credited toward the parking requirements for these nonresidential
uses, provided that:
[1]
These spaces are within 400 feet of the uses
to be served.
[2]
The parking needs of existing facilities, within
400 feet and computed on the same basis as for new facilities, are
satisfied first, and only excess capacity is used for this purpose.
[3]
A special permit for such use is obtained from
the Zoning Board of Appeals.
(2)
Light industrial uses:
(a)
One space for each 400 square feet of floor
area devoted to manufacture, including printing, publishing and laundry
or dry-cleaning plants.
(b)
One space for each 2,000 square feet of floor
area devoted to storage or stationary operating equipment.
(c)
One space for each 3,000 square feet of area
devoted to outside storage, including used car lots and equipment
rental or sales yards.
(d)
For any industrial use, one space for each company
vehicle.
(3)
Public and semipublic uses:
(a)
For places of public assembly, including churches,
one space for each six seats of auditorium or stadium capacity.
(b)
For an elementary school or day nursery, two
spaces for each classroom.
(c)
For a high school or college, five spaces for
each classroom.
(d)
For a museum, art gallery, institution or philanthropic
use, one space for each 800 square feet of gross floor area.
(e)
For a hospital, sanatorium or nursing or convalescent
home, one space for each two beds.
(f)
For a club, one space for each 200 square feet
of gross floor area.
(6)
For uses not listed herein, as established by the
Zoning Board of Appeals.
B.
Calculation of required spaces. In the case of a combination
of uses, the total requirements for off-street automobile parking
spaces shall be the sum of the requirements for the various uses,
unless it can be proven that staggered hours of use would permit modification.
Whenever a major fraction of a space is required, a full space shall
be provided.
C.
Dimensions for off-street automobile parking spaces.
Every such space provided shall be at least nine feet wide and 18
feet long, unless the Planning Board determines that the nature of
the use requires that the parking spaces be increased in size, and
shall have direct and usable driveway access to a street with minimum
maneuver area between spaces as follows:
[Amended 12-19-2002 by L.L. No. 8-2002]
(1)
Parallel curb parking: 20 feet end-to-end with a twelve-foot
aisle width for one-directional flow and a twenty-two-foot aisle width
for two-directional flow.
(2)
Thirty-degree parking: a twelve-foot aisle width for
one-directional flow and a twenty-four foot aisle width for two-directional
flow.
(3)
Forty-five-degree parking: a sixteen-foot aisle width
for one-directional flow and a twenty-four-foot aisle width for two-directional
flow.
(4)
Sixty-degree parking: a twenty-foot aisle width for
one-directional flow and a twenty-four-foot aisle width for two-directional
flow.
(5)
Perpendicular parking: a twenty-four-foot aisle width
for one-directional and two-directional flow.
D.
Location of required spaces.
(1)
In any residential district, required automobile parking
spaces shall be provided on a buildable portion of the same lot and
shall not encroach on any required yards or required open area.
(2)
In business districts or industrial districts, such
spaces shall be provided on the same lot or not more than 400 feet
therefrom.
(3)
No open or enclosed parking area shall encroach on
any required front yard or required open areas. Open parking areas
may encroach on a required side or rear yard to within three feet
of a property line.
(4)
No entrance and exit drives connecting the parking
area and the street shall be permitted within 30 feet of the intersection
of two public rights-of-way.
E.
Required off-street truck loading areas shall be as
follows:
(1)
For permitted general uses, one berth for 10,000 square
feet to 25,000 square feet of floor area, and one additional berth
for each additional 25,000 square feet of floor area, unless it can
be proven that truck deliveries shall not exceed one vehicle per day.
(2)
For funeral homes, one berth for each chapel.
(3)
For hotels, motels and vacation resorts, one berth
for floor area in excess of 10,000 square feet.
(4)
For office, business and commercial uses, one berth
for 10,000 square feet to 25,000 square feet of floor area, and one
additional berth for each additional 25,000 square feet of floor area.
(5)
For manufacturing and permitted industrial uses, one
berth for the first 10,000 square feet of floor area, and one additional
berth for each additional 40,000 square feet of floor area.
F.
Dimensions for off-street loading berths. Each required
loading berth, open or enclosed, shall have the following minimum
dimensions: 35 feet long, 12 feet wide and 14 feet high, except that
berths for funeral homes may be 20 feet long, 10 feet wide and eight
feet high.
G.
Location of required berths.
(1)
All off-street loading areas shall be located on the
same lot as the use for which they are permitted or required. Open
off-street loading areas shall not encroach on any required front
or side yard, accessway or off-street parking area, except that, in
business districts, off-street parking areas, where they exist, may
be used for loading or unloading, provided that such spaces shall
not be so used for more than three hours during the daily period that
the establishment is open for business.
(2)
The location, number, size and design of loading and
unloading areas for nonresidential uses and the accessways thereto
shall require the approval of the Planning Board prior to the issuance
of a building permit or certificate of occupancy by the Building Inspector.
H.
Construction of parking areas.
[Amended 12-14-2006 by L.L. No. 6-2006]
(1)
All parking areas shall be paved with an all-weather
surface of asphalt or concrete, unless the Planning Board determines
in the course of its review of a subdivision, site plan or special
permit application that the nature and character of the use are such
that a suitable pervious or semi-pervious parking surface will provide
safe and suitable parking areas, and specifically waives the requirement
for an asphalt or concrete surface in approving such application.
(2)
Notwithstanding such waiver, construction of a parking
area may not be approved by the Building Department unless the applicant
and property owner file a written agreement, duly acknowledged in
the same manner as a deed or other document of record, stating that
they agree and consent to pave the parking area surfaces within 120
days of receiving written notice from the Building Department that
a paved surface is required to provide safe and suitable access.
(3)
When a parking area is paved, the individual spaces,
travel and fire lanes and traffic control points shall be visibly
marked with paint or other durable material in conformity with standard
traffic marking procedures, and such markings shall be maintained
in good condition at all times. When a parking area is not required
to be paved, the Planning Board shall provide for suitable means of
designating parking spaces, lanes and ingress and egress to the site.
All parking areas shall be constantly maintained so as to prevent
potholes or other disruptions to the flow of traffic entering or within
the parking area.
(4)
Each individual parking space shall be delineated
on the surface of the parking area by "doublestriping" the space:
two lines shall be painted parallel to the longest dimension of the
space, each four inches in width and beginning eight inches on either
side of the center line of the boundaries of the space.
(5)
All required parking spaces shall be available for
the use to which they are related and shall not be used for parking
unrelated to the duly approved use of the lot nor for any form of
temporary or permanent storage (including snow storage areas) or outdoor
displays, except as may be authorized by a duly approved site plan.
(6)
Where parking areas are proposed for single-family
dwellings, the requirement for all-weather paving or pavement markings
for individual spaces will be at the option of the applicant or owner.
I.
Landscaping. At least 10% of the total area within
any off-street parking area, including driveways and other paved areas,
shall be landscaped. The landscaping shall be shown on a landscaping
plan approved by the Planning Board and may consist of lawn, trees,
shrubs, naturalized plantings or other plants designed, arranged and
maintained in accordance with a maintenance schedule set forth in
the landscaping plan. In appropriate cases, the Planning Board may
require the installation of irrigation systems and the designation
of snow disposal areas, located so as to avoid damaging landscaped
areas.
[Amended 12-19-2002 by L.L. No. 8-2002; 10-3-2019 by L.L. No. 7-2019]
(1)
All loading berths and parking areas of three or more
spaces that abut a residential lot line and any parking lot for more
than 20 cars shall be screened by a compact evergreen hedge or a landscaped
strip of trees and shrubs effectively designed and regularly maintained
so as to adequately screen adjoining property from the noise and visual
impact of such parking area.
(2)
All parking areas, landscaping and screening shall
be properly maintained thereafter in a sightly and well-kept condition.
In any district where permitted, a gasoline
filling station shall be subject to the following regulations:
A.
No gasoline filling station shall be located within
2,000 feet of any other public garage or gasoline filling station.
B.
Filling stations shall be permitted only on lots of
10,000 square feet or more, with 100 feet of minimum frontage.
C.
The area for use by motor vehicles, except access
drives thereto, as well as any structures, shall not encroach on any
required yard area.
D.
No fuel pump shall be located closer than 20 feet
to any side lot line nor closer than 35 feet to any street line, measured
from the outside edge of the fuel island.
E.
No access drive shall be within 200 feet of and on
the same side of the street as a school, public library, theater,
church or other public gathering place, park, playground or fire station
unless a street 50 feet or more wide lies between such service station
and such building or use.
F.
All repair work and storage shall be within a completely
enclosed building which has a maximum height of 15 feet. Such repair
work shall not include any body repair work or spray painting or car
washing which requires mechanical equipment.
G.
No display or storage of items for sale or lease shall
be kept outside of the building.
[Added 11-19-2009 by L.L. No. 6-2009]
A.
Such uses shall be located on land owned by, or leased to, a municipal corporation, the county, state or federal government, or a nonprofit corporation duly established and authorized by law to provide firehouses, ambulance and emergency services stations. An essential service use may include accessory communications equipment related to essential services but shall exclude a utility company and public utility company as those terms are used in Article 1, § 2, of the Public Service Law of the State of New York and all wireless communications facilities as defined in Article X of this chapter.
B.
The proposed use shall be subject to site plan review by the Planning Board held following public hearing and notice as provided for in § 140-150 of this chapter.
(1)
In making its site plan determination, the Planning Board shall have
the authority to modify the dimensional or physical requirements of
the applicable zoning regulations for the district in which the property
is located by reducing the lot area, lot width, lot frontage, lot
coverage, setback requirements, maximum building height and open space
requirements set forth in the Density Control Schedule of the Zoning
Law[2] to the extent required to accommodate the proposed use,
including any proposed accessory uses, on the property.
[2]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(2)
In making any determination to reduce any Density Control Schedule[3] requirement, the Planning Board shall take into consideration
the benefit to the applicant if the modification is allowed, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community by such modification. In making such determination the
Board shall also consider:
(a)
Whether an undesirable change will be produced in the character
of the neighborhood or a detriment to nearby properties will be created
by modifying the otherwise applicable dimensional requirements; and
(b)
Whether the modification will have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district.
[3]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
(3)
In making its decision to modify the area or dimensional requirements
applicable to the site plan as authorized above, the Planning Board
shall have the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to the proposed
use of the property. Such conditions shall be consistent with the
spirit and intent of the Zoning Law, and shall be imposed for the
purpose of minimizing any adverse impact such modification may have
on the neighborhood or community.
(4)
Any modification of the Density Control Schedule[4] requirements shall apply to the proposed use shown on
the site plan. In the event that a future change in the use of the
property would add additional uses, require the construction of new
site plan improvements, expand the use to additional portions of the
site or otherwise increase the intensity of the use, such change in
use will require a written determination by the Planning Board that
its determination remains applicable to the proposed change in use.
[4]
Editor's Note: The Density Control Schedule is included at the end of this chapter..
C.
The decision to modify any applicable requirement shall be made by
written resolution fully setting forth the basis for the Planning
Board's determination, duly adopted by a majority of the Planning
Board, and shall be filed in the office of the Town Clerk in the manner
required by § 274-a of the Town Law. The approved site plan
shall include a note stating the nature and extent of any modified
requirement(s) and the date of the Planning Board determination allowing
such modification.
D.
In reviewing site plans for proposed essential services, the Planning
Board shall consider the following principles:
(1)
To the extent possible, entrances and exits to facilities for such
uses shall be so located as to avoid directing vehicular traffic to
and through adjacent minor residential streets.
(2)
If located in or abutting a residential district of the Town, the
location, design and operation of such uses shall avoid, to the extent
practicable, adverse effects on the character of the surrounding residential
area. If the nature of the proposed use is such that such effects
cannot be entirely avoided, the Planning Board shall require reasonable
measures that minimize or mitigate such effects, to the extent practicable
and consistent with the proposed use.
(3)
In the event that a reduction in parking spaces is proposed, the
Planning Board shall authorize such reduction only after determining
that a reserve parking area sufficient to accommodate the applicable
parking requirements is available on the site, that sufficient parking
is available in the vicinity of the site to accommodate unanticipated
parking demand and that satisfactory arrangements have been made to
allow the use of such parking areas by the applicant, or that the
applicant has demonstrated by suitable evidence that such parking
will not be required by the proposed use.
(4)
The site of any such use shall be arranged to provide any necessary
fences, bathers and other safety devices and shall be landscaped in
a manner consistent with surrounding uses.
[Amended 12-30-1987 by L.L. No. 9-1987]
Excavation for the purpose of soil mining, such as gravel pits, quarrying or any subsoil removal, shall be allowed only by special permit in A, I-1 and F Districts, subject to § 140-27 and the following provisions:
A.
Before a special permit is issued, the applicant shall
submit to the Planning Board and the Board of Appeals two copies of
a map, at a scale of one inch equals no more than 100 feet, showing
all land within 200 feet thereof, with exact locations of all buildings,
streets, utilities, drainage or other easements, watercourses, lot
lines, block and lot numbers and names of the landowners. Such map
shall also show the present topography at two-foot contour intervals.
The map shall be signed by a licensed engineer or land surveyor for
certification of its accuracy.
B.
The applicant shall also submit to the Planning Board
and the Zoning Board of Appeals two copies of the proposed plan of
excavation at the same scale as above showing the proposed finished
elevations at one-foot contour intervals and the proposed drainage
plan.
C.
During excavation or quarry operations, open pits
and quarry walls shall be entirely surrounded by a substantial fence
at least six feet high that will effectively block access to the area,
with suitable gates provided with locks. The top and/or toe of slope
shall be not closer than 40 feet to a property line.
D.
No rock crusher, cement plant or other crushing, grinding,
polishing or cutting machinery or other physical or chemical process
for treating the product of such excavation shall be permitted.
E.
The proposed finished grading plan shall show the
land to be smooth-graded and topsoil respread to a minimum depth of
four inches. Slopes shall not exceed the normal angle of repose of
the material removed.
F.
The applicant shall be required to furnish a performance
bond in an amount determined by the Building Inspector to be sufficient
to guarantee completion of the finished grading and drainage plan.
Such bond shall be released only upon certification by the Building
Inspector that all requirements, including the finished grading and
drainage, have been complied with.
G.
No special permit for excavation operations or soil
mining shall be granted for a period of more than three years, but
such permit may be extended for an additional two years upon approval
of the Board of Appeals.
H.
Upon approval, one copy of the approved excavation
plan shall be returned to the applicant by the Town Clerk, together
with the special permit, upon the payment of a fee as set forth from
time to time by resolution of the Town Board to cover all engineering
and other costs directly attributable to the approval and office and
field checking of the proposed soil mining operations.
I.
The Board of Appeals may waive any one or all of the
above requirements, provided that such waivers do not create a hazardous
or dangerous condition.
[Amended 12-30-1987 by L.L. No. 9-1987]
Single mobile homes are specifically prohibited
in all zoning districts, except as permitted by the Planning Board
for agricultural laborers as part of a working farm.
No burial or memorial plats or buildings shall
be located closer than 50 feet to any residential lot line, except
that when a dense evergreen hedge or a wall or landscaped strip at
least six feet in height providing complete visual screening from
all adjacent residential property is provided, burial or memorial
plats of less than six feet in height may be located no closer than
20 feet to any residential lot line. Crematories shall be located
only in cemeteries.
No person shall undertake to construct any new
building or structure in the Town of New Paltz without first meeting
the requirements for a system or facilities for the separate disposal
of waterborne sewage, domestic or trade wastes in accordance with
applicable regulations of the Town, the Ulster County Department of
Health and other governmental authorities.
In any district where permitted, the sale and
display of recreational sports vehicles shall be allowed as an ancillary
use to a permitted automobile repair use, subject to the following
conditions:
A.
The principal automobile repair use must be duly licensed
by the NYS Department of Motor Vehicles;
B.
Sales and displays shall be limited to new "recreational
sport vehicles" ("RSVs"), as that term is defined herein, except that
incidental sales of merchandise related to recreational sport vehicles
offered for sale and used recreational sport vehicles resulting from
those repair activities may be allowed by special permit;
C.
Sales and display of recreational sport vehicles shall
be restricted to an indoor area, not exceeding the lesser of 1,500
square feet or 25% of the floor area devoted to repair of vehicles;
D.
All inventory of recreational sport vehicles, other
than those displayed for sale in the designated indoor area, shall
be stored in a secure area that is not accessible to the public;
E.
As a condition of the special permit, the Planning
Board shall require visual and noise screening of any proposed outside
inventory storage areas, provision of adequate parking and loading
areas for the sales and display area, review of any proposed outdoor
testing, riding or operation area, and may require that the applicant
return for review of its continuing compliance with the conditions
of approval; and
F.
Outdoor sales or displays of recreational sport vehicles
or other vehicles are strictly prohibited.
