Except as hereinafter provided:
A.
No building or land shall hereafter be used or occupied,
and no building or part thereof shall be erected, moved or altered,
unless in conformity with the regulations herein specified for the
district in which it is located.
B.
No building shall hereafter be erected or altered
to exceed the height, to accommodate or house a greater number of
persons or families, to occupy a greater percentage of lot area, or
to have narrower or smaller rear yards, front yards, side yards, or
inner or outer courts than is specified herein for the district in
which such building is located.
C.
No part of a yard or other open space about any building
required for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
similarly required for another building.
B.
Accessory uses.
(1)
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(3)
Garden house, toolshed, or wading or swimming pool
not operated for gain, provided that pools with an area in excess
of 200 square feet shall be located at least 10 feet from any lot
line.
(5)
Radio and television antennas under 15 feet in height,
but not if used for commercial gain.
C.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
D.
Building height limit. No building or accessory use
shall exceed two stories or be erected to a height in excess of 35
feet.
E.
Required lot area. Lot area shall be not less than
7,500 square feet except where the lot area is restricted by adjoining
lands owned by others and where such restriction has not been created
by the individual or entity seeking to construct a use on such substandard
lot, and in such cases the minimum lot area shall be 5,000 square
feet for existing lots.
F.
Yards required.
(1)
Each lot shall have front, side and rear yards with
depths and widths of not less than the following:
(a)
Front yard depth: 30 feet.
(b)
Each side yard width: five feet, with the minimum
sum of width of both side yards not less than 30% of lot frontage.
(c)
Rear yard depth: 30 feet.
(d)
Front yard width: 75 feet, except that where
the allowable lot area is less than 7,500 square feet then the minimum
shall be 50 feet for valid preexisting lots.
(2)
Corner lot. On every corner lot, there shall be provided
on the side street a yard equal in depth to the required front yard
depth on said side street.
(3)
No accessory building or structure shall be within
five feet of any property line.
[Amended 4-16-2013]
B.
Accessory uses.
(1)
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(3)
Garden house, toolshed, or wading or swimming pool
not operated for gain, provided that pools with an area in excess
of 200 square feet shall be located at least 10 feet from any lot
line.
(5)
Radio and television antennas under 15 feet in height,
but not if used for commercial gain.
C.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(3)
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4)
Executive offices and operating facilities (but excluding
the broadcasting towers) of a communications company.
D.
Building height limit. No building or accessory use
shall exceed two stories or be erected to a height exceeding 35 feet.
E.
Required lot area.
(1)
Each one-family dwelling shall be located on a lot
not less than 7,500 square feet and not less than 75 feet wide except
where the lot area is restricted by adjoining lands owned by others
and where such restriction has not been created by the individual
or entity seeking to construct a use on such substandard lot, and
in such cases the minimum lot area shall be 5,000 square feet and
the minimum width shall be 50 feet for existing lots.
(2)
Each two-family dwelling shall be located on a lot
not less than 7,500 square feet in area.
F.
Yards required.
A.
Permitted uses.
(1)
One-family dwellings (subject to requirements in R-1
Zone).
(2)
Municipal buildings or uses (subject to requirements
in OR-2 Zone).
(3)
Two-family owner-occupied dwelling constructed or
converted from a single-family usage after the effective date of this
section, not to exceed one dwelling building on each lot. One of the
two dwelling units must be occupied by the owner of the property.
[Amended 1-17-2023]
(4)
Two-family
non-owner-occupied dwelling, not to exceed one dwelling building on
each lot, provided that the property was occupied as a two-family
dwelling on the effective date of this section.
[Added 1-17-2023]
B.
Accessory uses.
(1)
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(3)
Garden house, toolshed, or wading or swimming pool
not operated for gain, provided that pools with an area in excess
of 200 square feet shall be located at least 10 feet from any lot
line.
(5)
Radio and television antennas under 15 feet in height,
but not if used for commercial gain.
C.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
D.
Building height limit. No building or accessory use
shall exceed two stories or be erected to a height exceeding 35 feet.
E.
Required lot area.
(1)
Each one-family dwelling shall be located on a lot
not less than 7,500 square feet and not less than 75 feet wide except
where the lot area is restricted by adjoining lands owned by others
and where such restriction has not been created by the individual
or entity seeking to construct a use on such substandard lot, and
in such cases the minimum lot area shall be 5,000 square feet and
the minimum width shall be 50 feet for existing lots.
(2)
Each two-family dwelling shall be located on a lot
not less than 7,500 square feet in area.
F.
Yards required.
B.
Accessory uses.
(1)
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(3)
Garden house, toolshed, or wading or swimming pool
not operated for gain, provided that pools with an area in excess
of 200 square feet shall be located at least 10 feet from any lot
line.
(5)
Radio and television antennas under 15 feet in height,
but not if used for commercial gain.
C.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board (all in accordance with
UR-3 requirements).
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(3)
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(5)
Membership clubs (except such clubs where the chief
activity or primary purpose is a service customarily carried on as
a business or primarily for gain). In conjunction with the use as
a club allowed under this subsection, a dining room may be operated
provided it is incidental to the activities of said club and is conducted
for the personal use of members and guests only, and further provided
that no sign is displayed advertising such activity.
(6)
Adult care facilities, hospitals, sanitariums, rest
homes, philanthropic and charitable institutions or similar uses,
provided that no part of the buildings or structures for such use
shall be permitted within 50 feet of any street or lot line.
(7)
Offices for the following:
(a)
Accountants.
(b)
Architects.
(c)
Bonding and/or loan companies.
(d)
Engineers and/or surveyors.
(e)
Insurance.
(f)
Lawyers.
(g)
Medical/dental practitioners (including chiropractors
and acupuncturists).
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and necessary business activities
related thereto, such activities to be limited by the terms of the
authorization granted.
(k)
Funeral homes and undertaking establishments.
(8)
Multiple dwellings consisting of a building or buildings
containing three or more rental apartment units, but excluding townhouses,
duplexes, fourplexes or row houses (whether in fee simple or condominium
ownership), provided that:
(a)
Buildings shall not exceed 160 feet in length
and shall be provided with an offset of at least five feet at a maximum
of every 40 feet of length, which shall also include a roofline offset.
(b)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and an accessory building shall be
20 feet.
(c)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet
and its depth shall not exceed its width.
(d)
There shall be provided on the same lot suitably
enclosed, equipped and landscaped children's play lots subject to
Planning Board approval and in accordance with the area requirements
shown in the bulk and parking regulations, located at the end of this
chapter.[1]
[1]
Editor's Note: See Table 1 at the end of this
chapter.
(e)
The entire property, especially off-street parking
areas and service yards, shall be suitably landscaped to assure an
attractive environment within the site.
(f)
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(g)
The design must conform to the requirements
set forth in the bulk and parking regulations, located at the end
of this chapter.
(h)
There shall be no parking areas located in required
yards.
(9)
Row or attached housing consisting of a series of
attached one-family dwelling units, each located on its own individual
lot owned in fee simple, or one-family dwelling units in condominium
ownership, including townhouses, duplexes, and fourplexes, provided
that:
(a)
The maximum number of dwelling units in a group
of row dwellings shall be eight.
(b)
Buildings shall not exceed 160 feet in length
and shall be provided with an offset of at least five feet at a maximum
of every 40 feet of length, which shall also include a roofline offset.
(c)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and an accessory building shall be
20 feet.
(d)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet
and its depth shall not exceed its width.
(e)
There shall be provided on the same lot suitable
enclosed, equipped and landscaped children's play lots subject to
Common Council approval and in accordance with the area requirements
shown in the bulk and parking regulations, located at the end of this
chapter.[2]
[2]
Editor's Note: See Table 1 at the end of this
chapter.
(f)
The entire property, especially off-street parking
areas and service yards, shall be suitably landscaped to assure an
attractive environment within the site.
(g)
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside of the building.
(h)
The design must conform to the requirements
set forth in the bulk and parking regulations, located at the end
of this chapter.
(10)
Child day-care facility, provided that such facility:
[Added 5-16-2023]
[Added 4-19-2005]
C.
Uses requiring Common Council subdivision approval.
(1)
Row or attached housing consisting of a series of attached one-family dwelling units, each located on its own individual lot owned in fee simple, including townhouses, duplexes and fourplexes [subject to the specific requirements set forth in § 475-12C(9) and the Table of Bulk and Parking Regulations for the UR-3 Multiple-Residence High-Density District;[1] provided, however, that in order to achieve the purpose
and intent of this zoning district, the Common Council in its discretion
may waive or modify any of the aforesaid requirements as well as any
design requirement set forth in the City's Subdivision Regulations],
provided that no dwelling unit shall be less than 1,400 square feet
in floor space.
[1]
Editor's Note: See Table 1 at the end of this
chapter.
B.
Accessory uses.
(1)
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2)
Private garage or other off-street parking areas.
(3)
Garden house, toolshed, or wading or swimming pool
not operated for gain, provided that pools with an area in excess
of 200 square feet shall be located at least 10 feet from any lot
line.
(5)
Radio and television antennas under 15 feet in height,
but not if used for commercial gain.
C.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board (all in accordance with
SR-3 requirements).
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(3)
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(5)
Adult care facilities, hospitals, sanitariums, rest
homes, philanthropic and charitable institutions or similar uses,
provided that no part of the buildings or structures for such use
shall be permitted within 50 feet of any street or lot line.
(6)
Multiple dwellings consisting of a building or buildings
containing three or more rental apartment units, but excluding townhouses,
duplexes, fourplexes, and row houses (whether in fee simple or condominium
ownership), provided that:
(a)
Buildings shall not exceed 160 feet in length
and shall be provided with at least an offset of five feet at a maximum
of every 40 feet of length which shall also include a roofline offset.
(b)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and accessory building shall be 20
feet.
(c)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet
and its depth shall not exceed its width.
(d)
There shall be provided on the same lot suitably
enclosed, equipped and landscaped children's play lots subject to
Planning Board approval and in accordance with the area requirements
shown in the bulk and parking regulations, located at the end of this
chapter.[1]
[1]
Editor's Note: See Table 2 at the end of this
chapter.
(e)
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(f)
The entire property, especially off-street parking
areas and service yards, shall be suitably landscaped to assure an
attractive environment within the site.
(g)
The design must conform to the requirements
set forth in the bulk and parking regulations, located at the end
of this chapter.
(h)
There shall be no parking areas located in required
yards.
(7)
Row or attached housing consisting of a series of
attached one-family dwelling units, each located on its own individual
lot owned in fee simple, or one-family dwelling units in condominium
ownership, including townhouses, duplexes and fourplexes, provided
that:
(a)
The maximum number of dwelling units in a group
of row dwellings shall be seven.
(b)
Buildings shall not exceed 160 feet in length
and shall be provided with an offset of at least five feet at a maximum
of every 44 feet of length which shall also include a roofline offset.
(c)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and accessory building shall be 20
feet.
(d)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet
and its depth shall not exceed its width.
(e)
There shall be provided on the same lot suitably
enclosed, equipped and landscaped children's play lots subject to
Planning Board approval and in accordance with the area requirements
shown in the bulk and parking regulations, located at the end of this
chapter.[2]
[2]
Editor's Note: See Table 2 at the end of this
chapter.
(f)
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(g)
The entire property, especially off-street parking
areas and service yards, shall be suitably landscaped to assure an
attractive environment within the site.
(h)
The design must conform to the requirements
set forth in the bulk and parking regulations, located at the end
of this chapter.
A.
Permitted and accessory uses. None.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board (all in accordance with
R-4 requirements).
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(3)
Public utility buildings and electrical substations in accordance with the provisions of § 475-32.
(4)
Antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43, but only if attached to the top of a building containing another type of use, which building is (or will be upon completion) at least six stories in height, exclusive of any height which may be added by such antenna, antenna accessory structures or towers.
(6)
Executive offices and operating facilities (but excluding
the broadcasting towers) of a communications company.
(7)
Multiple dwellings, with a density of over 16 dwelling
units per acre, with a maximum density of 60 dwelling units per acre.
C.
Building height limit: 12 stories, but not exceeding
120 feet.
D.
Required lot area. No residence structure shall be
established on a lot having an area of less than 60,000 square feet.
E.
Yards required. The same as specified for UR-3 Districts.
F.
Parking. Parking shall be as required by § 475-33 of this chapter. Except in the case of housing for the elderly, the requirements shall be one parking space for every two dwelling units. In the case of housing for the elderly, parking shall be as determined by the Planning Board.
G.
Landscaping shall be required, in accordance with
the requirements of the Planning Board and the Commissioner of Public
Works.
A.
Permitted uses.
(1)
One-family dwellings on one-acre lots, with an exception
for existing lots within such area which are presently less than one
acre.
B.
Accessory uses.
(1)
Home occupations, provided that all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2)
Private garage.
(3)
Garden house, toolshed, or wading or swimming pool,
not operated for gain, provided that pools with an area in excess
of 200 square feet should be located at least 10 feet from any lot
line.
(5)
Radio and television antennas under 15 feet in height,
but not if used for commercial gain.
C.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board (all in accordance with
SR-3A requirements).
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(3)
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4)
Multiple dwellings containing no fewer than three
and no more than four dwelling units in condominium ownership.
(b)
The maximum total number of primary residential
buildings in any such development shall be determined by multiplying
the gross acreage of the site times 1.00, rounded to the nearest whole
number.
(c)
In no event shall the number of habitable rooms
in any individual dwelling unit exceed six. For purposes of this section,
the term "habitable room" shall have the same meaning as set forth
in the bulk and parking regulations located at the end of this chapter.
(d)
The minimum square footage per dwelling unit
shall be in accordance with the following schedule:
Number of Habitable Rooms
|
Minimum Square Footage
| |
---|---|---|
3 or fewer
|
1,500
| |
4
|
1,600
| |
5
|
1,800
|
(e)
The maximum total number of dwelling units allowed
in any such development shall be determined by multiplying the gross
acreage of the site times 2.75, rounded off to the nearest higher
whole number.
(f)
The maximum number of dwelling units in a primary
residential building shall be four.
(g)
No building shall exceed 160 feet in length.
(h)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and accessory building shall be 20
feet.
(i)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet,
and its depth shall not exceed its width.
(j)
There shall be provided on the same lot suitably
enclosed, equipped and landscaped children's play lots subject to
the approval of the Commissioner of Public Works and in accordance
with the needs of the development.
(k)
The Planning Board shall not approve a proposed
use under this section without input from an architectural review
committee established by the Planning Board and without assurances
that the proposed uses and buildings are in harmony with and enhance
the character of the particular area.
(l)
To assure an attractive residential environment,
the Planning Board shall ensure that all unutilized lands, parking
areas and service yards are reasonably screened, at all seasons of
the year, from the view of adjacent residential lots and streets and
that the general landscaping of the site is in character with that
generally in the neighborhood. Existing trees over 12 inches in diameter,
measured four feet above the ground, should, to the maximum extent
possible, be preserved.
E.
Required yards. The overall site shall have minimum
required yards as follows: front yard of 50 feet, one side yard of
25 feet, both side yards of 60 feet and a rear yard of 50 feet.
F.
Lot width. The overall site shall have a minimum lot
width of 200 feet, except for those lots which presently exist and
which have a lot width of less than 200 feet, and in such cases, the
site shall be used only for a single-family residence.
G.
Lot coverage. The maximum overall lot coverage shall
be 20%.
H.
Building height. The maximum permitted building height
shall be 35 feet.
B.
Accessory uses.
(1)
Home occupations, providing all signs pertaining thereto are erected in accordance with the provisions of § 475-37.
(2)
Private garage or other off-street parking areas.
(3)
Garden house, toolshed, or wading or swimming pool
not operated for gain, provided that pools with an area in excess
of 200 square feet shall be located at least 10 feet from any lot
line.
(5)
Radio and television antennas under 15 feet in height,
but not if used for commercial gain.
C.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board (all in accordance with
SR-3B requirements).
(1)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(2)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(3)
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(4)
Adult care facilities, hospitals, sanitariums, rest
homes, philanthropic and charitable institutions or similar uses,
provided that no part of the buildings or structures for such uses
shall be permitted within 50 feet of any street or lot line.
(5)
Multiple dwellings consisting of a building or buildings
containing three or more rental apartment units, but excluding townhouses,
duplexes, fourplexes, and row houses (whether in fee simple or condominium
ownership), provided that:
(a)
Buildings shall not exceed 160 feet in length
and shall be provided with at least an offset of five feet at a maximum
of every 40 feet of length which shall also include a roofline offset.
(b)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and accessory building shall be 20
feet.
(c)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet
and its depth shall not exceed its width.
(d)
There shall be provided on the same lot suitably
enclosed, equipped and landscaped children's play lots subject to
approval of the Commissioner of Public Works and in accordance with
the area requirements shown in the bulk and parking regulations, located
at the end of this chapter.[1]
[1]
Editor's Note: See Table 4 at the end of this
chapter.
(e)
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(f)
The entire property, especially off-street parking
areas and service yards, shall be suitably landscaped to assure an
attractive environment within the site.
(g)
The design must conform to the requirements
set forth in the bulk and parking regulations, located at the end
of this chapter.
(h)
There shall be no parking areas located in required
yards.
(6)
Row or attached housing consisting of a series of
attached one-family dwelling units, each located on its own individual
lot owned in fee simple, or one-family dwelling units in condominium
ownership, including townhouses, duplexes and fourplexes, provided
that:
(a)
The maximum number of dwelling units in a group
of row dwellings shall be seven.
(b)
Buildings shall not exceed 160 feet in length
and shall be provided with an offset of at least five feet at a maximum
of every 44 feet of length which shall also include a roofline offset.
(c)
The minimum distance between facing elevations
of principal buildings shall be equal to twice the height of the highest
building and between a principal and accessory building shall be 20
feet.
(d)
Any inner court shall have a minimum dimension
of 60 feet; any outer court shall have a minimum dimension of 20 feet
and its depth shall not exceed its width.
(e)
There shall be provided on the same lot suitably
enclosed, equipped and landscaped children's play lots subject to
Commissioner of Public Works approval and in accordance with the area
requirements shown in the bulk and parking regulations, located at
the end of this chapter.[2]
[2]
Editor's Note: See Table 4 at the end of this
chapter.
(f)
Customary accessory uses are as specified in Subsection B, with the exception that not more than one professional office or studio shall be permitted for each 50 dwelling units, or major fraction thereof, on any lot. Such office or studio shall be only on the street floor of any building and only if there is direct access to such office or studio from outside the building.
(g)
The entire property, especially off-street parking
areas and service yards, shall be suitably landscaped to assure an
attractive environment within the site.
(h)
The design must conform to the requirements
set forth in the bulk and parking regulations, located at the end
of this chapter.
D.
The maximum density for SR-3B Districts will be four
units per acre, unless increased by bonus density, as set forth below.
(1)
Bonus density will be regulated by the Planning Board.
The Planning Board may increase the density from four to 25 dwelling
units per acre for projects in bonus density districts which demonstrate
need, appropriate compatibility with the neighborhood, proper planning
and the provision of community benefits and amenities which are deemed
important and necessary by the Planning Board. Senior citizen housing
projects, particularly projects which make it affordable for seniors
aged 62 and over (or such other age as superseding federal or state
law may deem to mean "senior citizens") to reside therein, shall be
given highest priority, since the need for senior citizen housing
in the Middletown area is great, as outlined in the Master Plan for
the City of Middletown. Further criteria considered in evaluating
special use permit applications and site plan applications for such
projects would include private roads, private streetlighting, private
solid waste disposal, on-site recreation for residents, the availability
of recreation for other members of the general public, minimalization
of the real property and school tax burden imposed on other residents
of the City of Middletown, parks and other similar factors, community
benefits and amenities, all in the sole and absolute discretion of
the Planning Board.
(2)
The purpose of the bonus density enhancement in this
district is to advance the City of Middletown's physical, cultural
and social policies as outlined in the Master Plan of the City of
Middletown. The provision of adequate and attractive housing, particularly
affordable housing for senior citizens aged 62 and over (or such other
age as superseding federal or state law may deem to mean "senior citizens"),
is an important goal outlined in the City's Master Plan, and those
projects which meet the above criteria of providing such housing with
private, not public, resources shall advance those goals while not
adding additional strain to the public works facilities or the existing
taxpayers of the City of Middletown.
(3)
It is the judgment of the Common Council of the City of Middletown that those areas of the City to which this zoning district shall be applied have adequate resources, such as adequate fire protection and accessibility to water and sewage disposal resources, to handle any increase in density as may be allowed hereunder. Furthermore, the Common Council has determined that there is an approximate equivalence between potential affordable housing which has been lost due to the strictures of this zoning district when compared to the potential affordable housing, particularly affordable senior citizen housing, which can be gained through the award of bonus density in accordance with this Subsection D.
(4)
Applicants for bonus density, in addition to complying
with any other requirements for special use permits and site plan
approval imposed or required by this chapter or any other law, must
pay the cost of preparing any generic environmental impact statement
or other environmental impact statement required in connection with
the application for bonus density and in connection with any environmental
reviews and site-specific charges required by New York law.
A.
Permitted and accessory uses. None.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board (all in accordance with
C-1 requirements, except as otherwise noted).
(1)
One-family dwellings (subject to R-1 requirements).
This subsection shall not apply to any dwelling units included in
a subdivision application submitted after the effective date of this
amendment.
[Amended 5-12-2003]
(2)
Municipal buildings or uses (subject to requirements
in C-1 Zone).
(4)
Places of worship, including related parish houses,
seminaries, convents, cemeteries, offices, meeting rooms, dormitories
and other accessory uses related thereto.
(5)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(6)
Public utility buildings and electrical substations (but not antenna, antenna accessory structures, towers or buildings used in connection with personal wireless services), in accordance with the provisions of § 475-32.
(7)
Membership clubs (except such clubs where the chief
activity or primary purpose is a service customarily carried on as
a business or primarily for gain). In conjunction with the use as
a club allowed under this subsection, a dining room may be operated
provided it is incidental to the activities of said club and is conducted
for the personal use of members and guests only, and further provided
no sign is displayed advertising such activity.
(8)
Hospitals, sanitariums, rest homes, philanthropic
and charitable institutions or similar uses, provided no part of the
buildings or structures for such use shall be permitted within 50
feet of any street or lot line.
(9)
Personal service store such as a barbershop, beauty
shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning
on the premises).
(10)
Service establishments for service other than
of a personal nature, such as a car wash.
(11)
Convenience stores.
(12)
Eating and drinking places, but not places of
assembly such as a theater, dance hall or similar uses and purposes.
(12.1)
Eating and drinking places with a beer and wine license,
but not places of assembly such as a theater, dance hall or similar
uses and purposes.
[Added 11-20-2012]
(12.2)
Eating and drinking places with a full liquor license,
but not places of assembly such as a theater, dance hall or similar
uses and purposes.
[Added 11-20-2012]
(13)
Bakery whose primary business is retail on the
premises, but which may also sell and deliver its products wholesale
to stores, hotels, restaurants or similar businesses.
(14)
Offices for the following:
(a)
Accountants.
(b)
Architects.
(c)
Bonding and/or loan companies.
(d)
Engineers and/or surveyors.
(e)
Insurance.
(f)
Lawyers.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and necessary business activities
related thereto, such activities to be limited by the terms of the
authorization granted.
(k)
Funeral homes and undertaking establishments.
(15)
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9), and provided that the first floor (street level) must be a commercial use as provided in this section. This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment, except that the first-floor commercial use is required unless waived by the Common Council in its sole discretion.
[Amended 5-12-2003; 2-4-2020]
(16)
Two-family dwellings [subject to requirements
in the R-2 Zone, and provided that the first floor (street level)
must be a commercial use as provided in this section].
[Added 5-12-2003; amended 7-10-2006; 2-4-2020]
C.
Building height limit. No structure or building shall
exceed two stories.
D.
Required lot area. There shall be a minimum lot area
of 7,500 square feet.
E.
Required lot width. There shall be a minimum lot width
of 75 feet.
A.
Permitted and accessory uses. None.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
One-family dwellings (subject to requirements in R-1
Zone). This subsection shall not apply to any dwelling units included
in a subdivision application submitted after the effective date of
this amendment.
[Amended 5-12-2003]
(2)
Municipal buildings or uses (subject to requirements
in C-1A Zone).
(3)
Personal service store such as barbershop, beauty
shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning
on the premises).
(4)
Bakery whose primary business is retail on the premises
but which may also sell and deliver its products wholesale to stores,
hotels, restaurants or similar businesses.
(5)
Offices for the following:
(a)
Accountants.
(b)
Architects.
(c)
Bonding and/or loan companies.
(d)
Engineers and/or surveyors.
(e)
Insurance.
(f)
Lawyers.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and necessary business activities
related thereto, such activities to be limited by the terms of the
authorization granted.
C.
Building height limit. No structure or building shall
exceed two stories.
D.
Required lot area. There shall be a minimum lot area
of 7,500 square feet.
E.
Required lot width. There shall be a minimum lot width
of 75 feet.
A.
Permitted and accessory uses. None.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
One-family dwellings (subject to requirements in R-1
Zone). This subsection shall not apply to any dwelling units included
in a subdivision application submitted after the effective date of
this amendment.
[Amended 5-12-2003]
(2)
Municipal buildings or uses and public or private
schools.
(4)
Personal service store such as barbershop, beauty
shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning
on the premises).
(5)
Service establishments for service other than of a
personal nature, such as a car wash, but excluding self-storage facilities.
[Amended 6-13-2005]
(6)
Telephone and similar communication facilities stores
or offices.
(7)
Rental agencies.
(8)
Gasoline or filling stations and convenience stores.
(9)
Eating and drinking places, but not places of assembly
such as a theater, dance hall or similar uses and purposes.
(9.1)
Eating and drinking places with a beer and wine license,
but not places of assembly such as a theater, dance hall or similar
uses and purposes.
[Added 11-20-2012]
(9.2)
Eating and drinking places with a full liquor license, but not
places of assembly such as a theater, dance hall or similar uses and
purposes.
[Added 11-20-2012]
(10)
Bakery whose primary business is retail on the
premises but which may also sell and deliver its products wholesale
to stores, hotels, restaurants or similar businesses.
(11)
Offices for the following:
(a)
Accountant.
(b)
Architect.
(c)
Bond and loan companies.
(d)
Engineers and surveyors.
(e)
Insurance.
(f)
Lawyer.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and offices for philanthropic
and charitable institutions and necessary business activities related
thereto, such activities to be limited by the terms of the authorization
granted.
(k)
Funeral homes and undertaking establishments.
(l)
Off-site commercial cleaning services, but only in that C-2 Zoning
District bounded by Sprague Avenue, Sterling Street, Academy Avenue,
and Genung Street, and further provided that:
[Added 12-6-2022]
(12)
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9), and provided that the first floor (street level) must be a commercial use as provided in this section. This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment, except that the first-floor commercial use is required unless waived by the Common Council in its sole discretion.
[Amended 5-12-2003; 2-4-2020]
(13)
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(14)
Public garages and motor vehicle sales.
(15)
Banks.
(16)
Two-family dwellings [subject to requirements
in the R-2 Zone, and provided that the first floor (street level)
must be a commercial use as provided in this section].
[Added 3-10-2003; amended 5-12-2003; 7-10-2006; 2-4-2020]
(17)
Auction houses, but only in the C-2 Limited
Business District bisected by Dolson Avenue in the southern portion
of the City and in the C-2 Limited Business District bisected by East
Main Street in the eastern portion of the City.
[Added 2-10-2004]
(18)
Hotels and motels.
[Added 7-10-2006]
(19)
Light manufacturing, such as plastic assembly (but not molding
or 3D printing) and the assembly of premade materials into another
product. (The Planning Board retains the discretion to determine whether
the particular proposed use constitutes light manufacturing or not.)
[Added 10-17-2017]
(20)
Artisan manufacturing of goods, such as jewelry or ceramics,
which are produced using hand tools only.
[Added 10-17-2017]
C.
Building height limit. No structure or building shall
exceed two stories.
D.
Required lot area. There shall be a minimum lot area
of 7,500 square feet.
E.
Required lot width. There shall be a minimum lot width
of 75 feet.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
Personal service store such as barbershop, beauty
shop, shoe repair, tailor or dry-cleaning service (excluding dry cleaning
on the premises).
(2)
Service establishments for service other than of a
personal nature, such as a car wash, but excluding self-storage facilities,
except in the C-3 Zoning District along Wickham Avenue in the northeastern
portion of the City.
[Amended 6-13-2005; 8-20-2019]
(3)
Rental agencies.
(4)
Printing shops.
(5)
Funeral homes and undertaking establishments.
(6)
Billiard parlors and bowling alleys.
(7)
Gasoline or filling stations and convenience stores.
(8)
Eating and drinking places.
(8.1)
Eating and drinking places with a beer and wine license.
[Added 11-20-2012]
(8.2)
Eating and drinking places with a full liquor license.
[Added 11-20-2012]
(9)
Places of assembly such as a theater, dance hall,
auditorium or stadium, or similar uses and purposes, including membership
clubs where the chief activity or primary purpose is a service customarily
carried on as a business or primarily for gain.
(10)
Bakery whose primary business is retail on the
premises but which may also sell and deliver its products wholesale
to stores, hotels, restaurants or similar businesses.
(11)
Bus terminals and taxi stands.
(12)
Light manufacturing, such as plastic assembly,
but not molding, and the assembly of pre-made materials into another
product. (The Planning Board retains the discretion to determine whether
the particular proposed use constitutes light manufacturing or not.)
(13)
One-family dwellings (subject to requirements
in R-1 Zone). This subsection shall not apply to any dwelling units
included in a subdivision application submitted after the effective
date of this amendment.
[Amended 5-12-2003]
(14)
Offices for the following:
(a)
Accountant.
(b)
Architect.
(c)
Bond and loan companies
(d)
Engineers and surveyors.
(e)
Insurance.
(f)
Lawyer.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and necessary business activities
related thereto, such activities to be limited by the terms of the
authorization granted.
(15)
Adult care facility, hospitals, sanitariums,
rest homes, philanthropic and charitable institutions or similar uses,
provided that no part of the building or structures for such use shall
be permitted within 50 feet of any street or lot line, and further
provided that such uses shall not be permitted in the downtown or
central business district C-3 General Business District.
[Amended 4-23-2007]
(16)
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9), and provided that the first floor (street level) must be a commercial use as provided in this section. This subsection shall not apply to any dwelling units included in a subdivision application submitted after the effective date of this amendment, except that the first-floor commercial use is required unless waived by the Common Council in its sole discretion.
[Amended 5-12-2003; 2-4-2020]
(17)
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(18)
Public garages and motor vehicle sales.
(19)
Dry-cleaning service which includes dry cleaning
on the premises, provided that no flammable cleaning agents are used.
(20)
Two-family dwellings [subject to requirements
in the R-2 Zone, and provided that the first floor (street level)
must be a commercial use as provided in this section].
[Added 3-10-2003; amended 5-12-2003; 7-10-2006; 2-4-2020]
(21)
Educational facilities for adults.
[Added 11-24-2003]
(22)
Hotel, motel and/or conference center. Minimum lot area required is 40,000 square feet. Parking is subject to § 475-33A(5) of this chapter.[2]
[Added 6-14-2004]
[2]
Editor's Note: Former Subsection B(23), which immediately followed this subsection and provided for schools in the C-3 General Business District, added 6-13-2005, was repealed 4-23-2007. Former Subsection B(24), Hotels and motels, added 7-10-2006, was deleted at the request of the City as being covered by Subsection B(22).
(24)
Rectifying of spirits and wines, bottling of beverages, distillery
operations and onsite tasting rooms, sales and tours.
[Added 12-20-2011]
(25)
Child day-care facility
[Added 6-21-2016]
(a)
Child day-care facility, provided that such facility:
(b)
The Planning Board, in granting special use permit and site plan
approval, can require additional conditions as may be necessary or
appropriate based on the presence of other existing or prospective
business and residential uses in the area of the proposed child day-care
facility.
C.
Building height limit. No building or structure shall
exceed six stories or 90 feet in height.
D.
Required lot area. There shall be a minimum lot area
of 7,500 square feet.
E.
Required lot width. There shall be a minimum lot width
of 75 feet.
F.
Yards requiredl No side, front or rear yard shall
be required, except self-storage facilities shall require an eighty-foot
front yard setback from a public road, but such yard shall be required
only in that portion of the premises abutting the self-storage use.
No building shall extend less than 11 feet from the curbline except
where the present sidewalks are narrower, under which circumstances
the sidewalks shall conform to existing building lines.
[Amended 8-20-2019 by Res. No. 169-19]
[Added 7-3-2017]
A.
Legislative intent.
(1)
In 2016, the City of Middletown was chosen as one of 10 communities
statewide to receive a grant of $10,000,000 under the New York State
Downtown Revitalization Initiative, an effort to improve the vitality
of urban centers across New York. Middletown was chosen as one of
the 10 communities because its downtown was identified as being ripe
for development into a vibrant area in which people could "live, work
and play." As part of the DRI process, planners assisted the City's
Local Planning Committee (established as a component part of the DRI)
and the general public in identifying needs of the downtown area and
developing key ingredients needed for successful downtown revitalization,
including a vision for the downtown, goals and strategies to accomplish
the vision, an action plan and a strategic investment plan that identified
specific catalytic projects that align with the City's unique vision
of its downtown area.
(2)
Goals and projects.
(a)
As a result of the planning process, the Local Planning Committee
developed five goals projected to have the greatest benefit in revitalizing
the downtown area and recommended projects to accomplish those goals.
The five goals are:
[1]
Make downtown a more attractive, walkable and functional
place for residents, employees and visitors;
[2]
Bring residents and workers to downtown Middletown
through improved housing and employment opportunities and amenities;
[3]
Support redevelopment of underutilized properties
and the preservation and adaptive reuse of historic buildings with
technical and financial resources;
[4]
Support outreach and marketing efforts that promote
downtown Middletown as a destination of choice for students, small
business owners, shoppers, and young professionals; and
[5]
Build connections to local institutions and regional
and neighborhood resources to engage students, faculty and staff as
a part of the downtown's success.
(b)
The goals were included in a strategic investment plan ("SIP")
submitted by the City to the state, and the state approved the City's
SIP.
(3)
As the SIP noted, the majority of the projects suggested in
the SIP were capital improvement projects that would be selected as
most appropriate for the achievement of the five goals. The state
thereafter approved certain of the proposed capital improvement projects
as an initial step in revitalizing the downtown. A non-capital improvement
project included as part of the third goal in the SIP was the creation
of a Downtown Mixed-Use zoning district encompassing the geographic
boundaries of the City's Business Improvement District "to permit
a wide range of uses appropriate for a central business district,
facilitate a 24/7 mixed-use environment with residents as well as
workers, and promote strong design elements that complement Middletown's
historic downtown fabric," with the further stated purpose of removing
potential barriers to redevelopment.
(4)
The purpose of this enactment is to create a new Downtown Mixed-Use
("DMU") zoning district consistent with the recommendations contained
in the SIP in order to assist the City in revitalizing the downtown
area in a manner consistent with the goals and recommendations contained
in the SIP.
B.
The geographic boundaries of the DMU district are the same as the boundaries of the Downtown Middletown Business Improvement District as described in Chapter 203 of the Code of the City of Middletown. Specifically, the DMU district contains only the properties located on or abutting the following streets:
Fulton Street between Academy Avenue and Mill Street; Mill Street
between Fulton Street and West Main Street; West Main Street between
Franklin Square and Union Street; Union Street between West Main Street
and Franklin Street; Franklin Street between Union Street and Linden
Avenue; Linden Avenue between Franklin Street and Wickham Avenue;
Wickham Avenue between Linden Avenue and Grove Street; Grove Street
between Wickham Avenue and Railroad Avenue; Railroad Avenue between
North Street and Montgomery Street; Montgomery Street between Railroad
Avenue and East Main Street; East Main Street from Montgomery Street
to Franklin Square; East Avenue from East Main Street to Fulton Street;
South Street from Fulton Street to Franklin Square; Canal Street from
Fulton Street to West Main Street; Mulberry Street from Fulton Street
to West Main Street; North Street from Franklin Square to Wickham
Avenue; Cottage Street between Roberts Street and Railroad Avenue;
John Street from Linden Avenue to North Street; Courtland Street from
Linden Avenue to North Street; Washington Street from South Street
to East Avenue; and William Street, Orchard Street, Roberts Street,
King Street, James Street, Depot Street, Center Street and Henry Street
in their entirety.
C.
Design and other standards applicable throughout the DMU district.
The following design and other standards shall apply to all uses and
all buildings and structures within the DMU district:
(1)
All uses and all work performed on the exterior of buildings and structures within the DMU district, including all work on facades, all signage and all work on buildings or structures in existence as of and after the effective date of this § 475-21.1, must comply with the Design Review Guidelines (as the same may be amended from time to time) as described in § 166-4H of the Code of the City of Middletown and must comply in all respects with the requirements set forth in Chapter 166 (Architectural Review) of the Code of the City of Middletown, including approval by the Architectural Board of Review as set forth in the aforesaid Chapter 166 (as the same may be amended from time to time).
(2)
The first floor (street level) of any building located in the DMU Zone must be a commercial use as allowed in this § 475-21.1 (as the same may be amended from time to time). Residential uses of the first floor of any building or structure located in the DMU District are prohibited, unless waived by the Planning Board in its sole discretion, subject to the following conditions and restrictions:
[Amended 8-4-2020; 10-19-2021]
(a)
A waiver can only be granted if the size of the footprint of
the building is 35,000 square feet or more; this minimum size requirement
cannot be achieved by adding more physical space to a building; and
(b)
A waiver can only be granted if all one-bedroom dwelling units
in the building each consist of at least 750 square feet; and
(c)
A waiver can only be granted if all two-bedroom dwelling units
in the building each consist of at least 850 square feet; and
(d)
The Planning Board can only grant a partial first-floor waiver;
the waiver cannot create an entirely residential first floor; and
(e)
Subsection C(2)(a) and (d), above, shall not apply to waiver requests for the conversion of an existing building which does not have street frontage because there is a structure between the subject building and the street; provided, however, that such a waiver must comply with the conditions set forth in Subsection C(2)(b) and (c), above.
(3)
For any independent use allowed in this § 475-21.1 requiring less than 1,500 square feet of floor area, there will be no specific off-street parking requirements. For all other uses, off-street parking will be required as set forth in § 475-33 of the Code of the City of Middletown (as the same may be amended from time to time), unless the parking requirements are waived or modified by the Planning Board as set forth in § 475-33D and E.
(4)
No billboards or murals will be allowed anywhere within the
DMU district.
(5)
No food trucks or temporary food purveyors will be allowed anywhere
within the DMU district unless associated with a municipal or municipally
sponsored event and specifically authorized by the Common Council
of the City.
(6)
Notwithstanding anything to the contrary contained in Subsection F(16) of this section or in any bulk table referenced therein, for any building in which the addition of new dwelling units shall result in such building containing more than eight dwelling units, each new one-bedroom dwelling unit must contain a livable floor area of at least 750 square feet, and each new two-bedroom dwelling unit must contain a livable floor area of at least 850 square feet.
[Added 10-20-2020]
D.
Permitted uses.
(2)
Telephone and similar communication facilities stores or offices.
(3)
Banks and similar financial institutions.
(4)
Municipal uses.
(5)
One-family dwellings and two-family dwellings, second floor
or higher floors only.
(6)
Offices for the following, but provided the floor area of the
office(s) (including incidental rooms such as restrooms and lunch
rooms) does not exceed 1,500 square feet in total: accountants, architects,
engineers, surveyors, insurance, lawyers, real estate, stock brokerage
companies, or investment advisers.
E.
Accessory uses.
(1)
Bicycle racks, placed and constructed in accordance with Design Review Guidelines (as the same may be amended from time to time) as described in § 166-4H of the Code of the City of Middletown.
(2)
Sidewalk and outdoor cafes for approved restaurants, eating and drinking establishments only, subject to the provisions of § 475-28 of the Code of the City of Middletown (as the same may be amended from time to time).
(3)
Home occupations as follows: professional office of an author
or composer; Internet-based business (with in-person customers limited
to a single customer at a time); art teacher and/or music teacher
(with instruction limited to a single pupil at a time); photographer
and artist (with customers limited to a single customer at a time).
Home occupations use does not include live performances and/or galleries.
All residential use associated with a home occupation must be on the
second floor or higher floors only in the building in which the home
occupation is carried out.
F.
Uses requiring issuance of both a special use permit and site plan
approval by the Planning Board.
(1)
Personal service store such as barbershop, beauty shop, shoe
repair, tailor or dry-cleaning service (excluding dry cleaning on
the premises).
(2)
Funeral homes and undertaking establishments.
(3)
Billiard parlors, bowling alleys and similar recreation facilities,
and personal fitness centers such as health clubs.
(4)
Off-street parking facilities (nonmunicipal).
(5)
Eating and drinking places (non-drive-up window).
(6)
Eating and drinking places with a beer and wine license (non-drive-up
window), hours of operation limited to 12:00 midnight on weeknights
and 2:00 a.m. on Friday and Saturday nights (Saturday and Sunday morning).
(7)
Eating and drinking places with a full liquor license (non-drive-up
window), hours of operation limited to 12:00 midnight on weeknights
and 2:00 a.m. on Friday and Saturday nights (Saturday and Sunday morning).
(8)
Theaters and similar places of assembly such as performing arts
centers, conference centers, art galleries and antique centers.
(9)
Bakery whose primary business is retail on the premises but
which may also sell and deliver its products wholesale to stores,
hotels, restaurants or similar businesses.
(10)
Bus terminals and taxi stands.
(11)
Light manufacturing, such as plastic assembly (but not molding
or 3D printing) and the assembly of premade materials into another
product. (The Planning Board retains the discretion to determine whether
the particular proposed use constitutes light manufacturing or not.)
(12)
Artisan manufacturing of goods, such as jewelry or ceramics,
which are produced using hand tools only.
(13)
Printing shop, provided the floor area of the printing shop
does not exceed 2,000 square feet.
(14)
Artist studios, including art classes.
(15)
Offices for the following:
(a)
Accountants, architects, engineers, surveyors, insurance, lawyers,
real estate, stock brokerage companies, or investment advisers where
the floor area of the office(s) (including incidental rooms such as
restrooms and lunch rooms) exceeds 1,500 square feet in total.
(b)
Medical/dental practitioners.
(c)
Other business offices, or offices for nonprofit entities, and
necessary business activities related thereto, such activities to
be limited by the terms of the authorization granted.
(16)
Multiple dwellings, row houses or attached housing subject to the requirements of the UR-3 Zone, specifically § 475-12C(8) and (9) of the Code of the City of Middletown (as the same may be amended from time to time), second floor or higher floors only.
(17)
Educational facilities for adults.
(18)
Hotel. For purposes of this § 475-21.1, "hotel" is defined as follows: a building offering short-term lodging of no more than 30 days to the general public, with all rooms offered on a per-night fee basis. Ingress and egress to and from all rooms are made through an inside lobby designed to receive guests of the hotel, supervised by a person in charge at all hours. Hotel rooms shall not be used as apartments or dwelling units for nontransient occupants, shall not constitute an individual's or family's primary residence, and shall not be construed to be a multiple dwelling. Hotel rooms shall not contain kitchen facilities and shall not be connected by interior doors. Each hotel room shall have its own bath/shower, toilet facility and sink. Each hotel must have an office for hotel management and is expected to have typical hotel amenities such as an exercise room, meeting rooms and conference rooms, and hotels may have a restaurant on the premises to serve hotel guests and/or members of the general public.
(20)
Rectifying of spirits and wines, bottling of beverages, distillery
or brewery operations, including on-site tasting rooms, sales and
tours.
(21)
Wireless telecommunications services facilities, as permitted and regulated in § 475-43 of the Code of the City of Middletown (as the same may be amended from time to time).
(22)
Student housing used in the operation of a university, college or high school authorized to confer degrees in New York by the New York Board of Regents and/or the New York State Education Department (subject to the requirements set forth in the bulk and parking regulations for the UR-3 district as set forth at the end of this Chapter 475, provided that the Planning Board in its sole discretion may waive any of such requirements), second floor or higher floors only.
(23)
Child day-care facility, provided that such facility:
(a)
Is licensed by the State of New York;
(b)
Contains at least 3,000 square feet of usable floor space;
(c)
Provides an outside play area of at least 600 square feet; and
(d)
Provides an off-street dropoff area for such children to avoid
impacting street traffic in the area.
(e)
The Planning Board, in granting special use permit and site
plan approval to a child day-care facility, can require additional
conditions as may be necessary or appropriate based on the presence
of other existing or prospective business and residential uses in
the area of the proposed child day-care facility.
G.
Building height limit. No building or structure shall exceed six
stories or 90 feet in height.
H.
Required lot area. There shall be a minimum lot area of 7,500 square
feet.
I.
Required lot width. There shall be a minimum lot width of 75 feet.
J.
Yards required. No side, front or rear yard shall be required. No
building shall extend less than 11 feet from the curbline except where
the present sidewalks are narrower, under which circumstances the
sidewalks shall conform to existing building lines.
K.
Notwithstanding anything contained in this § 47-21A, any
site plan or other approvals required to implement projects contained
in the Strategic Investment Plan submitted by the City to the state,
and approved by the state, in connection with the Downtown Revitalization
Initiative will be reviewed and approved by the Common Council of
the City of Middletown, not the Planning Board of the City of Middletown.
A.
B.
Uses requiring issuance of both a special use permit and site plan
approval by the Planning Board.
[Amended 5-12-2003; 6-13-2005; 7-10-2006; 5-17-2011; 11-20-2012; 9-1-2015; 6-7-2016]
(1)
Convenience stores.
(2)
Personal service store such as barbershop, beauty shop, shoe repair,
tailor or dry-cleaning service (excluding dry cleaning on the premises).
(3)
Restaurants and eating establishments, but excluding bars and nightclubs.
(4)
Restaurants and eating establishments with a beer and wine license,
but excluding bars and nightclubs.
(5)
Restaurants and eating establishments with a full liquor license,
but excluding bars and nightclubs.
(6)
Bakery whose primary business is retail on the premises but which
may also sell and deliver its products wholesale to stores, hotels,
restaurants or similar businesses.
(7)
Bus terminals and taxi stands.
(8)
Health club or fitness facility which may include such facilities
as weight-lifting equipment; indoor running tracks; swimming pools;
tennis, squash or racquetball courts; exercise machines, such as treadmills
and rowers; skating, roller or boxer rinks; and accessory facilities
such as saunas, showers and locker rooms, but excluding any facility
involving the use or discharge of firearms.
(9)
Public or private schools, elementary and high schools, colleges
and universities, including playgrounds, security offices and quarters,
and other accessory uses required for operation.
(10)
Offices for the following:
(a)
Accountant.
(b)
Architect.
(c)
Bond and loan companies.
(d)
Engineers and surveyors.
(e)
Insurance.
(f)
Lawyer.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and offices for philanthropic and charitable
institutions and necessary business activities related thereto, such
activities to be limited by the terms of the authorization granted.
(11)
Student housing used in the operation of a university or college
authorized to confer degrees in New York by the New York Board of
Regents and/or the New York State Education Department (subject to
the requirements set forth in the bulk and parking regulations for
the UR-3 District located at the end of this chapter, provided that
the Planning Board in its discretion may waive any of such requirements).
(12)
Places of assembly such as a theater, dance hall, auditorium,
stadium, or similar uses and purposes.
C.
Building height limit. No building or structure shall
exceed six stories or 90 feet in height.
F.
Yards required. No side, front or rear yard shall
be required. No building shall extend less than 11 feet from the curbline
except where the present sidewalks are narrower, under which circumstances
the sidewalks shall conform to existing building lines.[3]
[3]
Editor's Note: Original § 123-13.1G,
which immediately followed this subsection and was added 6-9-2003,
was deleted 7-10-2006.
A.
Permitted and accessory uses. None.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
The manufacture and maintenance of electric and neon
signs, billboards, commercial advertising structures and light sheet-metal
products.
(2)
The manufacture and maintenance of electrical and
electronic equipment, instruments or appliances.
(3)
Automobile painting, rebuilding or reconditioning
(automobile body shops), tire retreading or recapping and battery
manufacturing.
(4)
Blacksmith shop or machine shop and steel-fabricating
shops.
(5)
Distribution plant for retail goods, ice and cold
storage plant, or bottling plant.
(6)
Commercial laundry and general cleaning services,
including carpet and rug cleaning.
(7)
Wholesale business, storage buildings and warehouses,
but excluding self-storage facilities.
[Amended 6-13-2005]
(8)
The manufacturing of plastic and plastic products
or manufacturing of similar nonferrous products.
(9)
Veterinary offices or dog or cat hospitals and kennels.
(10)
Photoengraving, lithographers or similar uses
requiring offset press.
(11)
Building material sales yard, including the
sale of rock, sand, gravel and similar materials as an incidental
part of the main business, but excluding concrete mixing.
(12)
Contractor equipment storage yard or plant and
retail sales of equipment commonly used by contractors.
(13)
Freighting or trucking yard or terminal.
(14)
Lumberyard and retail sales of lumber materials,
including incidental millwork.
(15)
Plumbing or sheet-metal shop.
(16)
Small boat building, storage and retail sales.
(17)
Stone monument works employing not more than
five persons.
(18)
Manufacturing, compounding, processing, packaging
or treatment of such products as toiletries, cosmetics, perfumes,
and flavorings, including the intermediate ingredients or materials
required to produce these items.
(19)
Printing plants.
(20)
Public garages.
(21)
Bus terminals and taxi stands.
(22)
Feed and fuel yards, including the storage of
petroleum products.
(23)
Offices for the following:
(a)
Accountant.
(b)
Architect.
(c)
Bond and loan companies.
(d)
Engineers and surveyors.
(e)
Insurance.
(f)
Lawyer.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and offices for philanthropic
and charitable institutions and necessary business activities related
thereto, such activities to be limited by the terms of the authorization
granted.
(24)
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(25)
Public or private schools, elementary and high
schools, colleges and universities, including playgrounds and other
accessory uses required for operation, but only in the I-1 Light Industrial
District bounded on the west by Wickham Avenue, bounded on the south
by Monhagen Avenue, and bounded on the east by Wawayanda Avenue and
Mulberry Street.
[Added 6-13-2005]
(26)
Motor vehicle sales.
[Added 9-14-2009]
(28)
Health club or fitness facility or amusement center, which may include
such facilities as weight-lifting equipment, indoor running tracks,
swimming pools, tennis, squash or racquetball courts, exercise machines,
such as treadmills and rowers, skating, roller or boxing rinks, children’s
rides and amusements, and accessory facilities such as saunas, showers
and locker rooms, but excluding any facility involving the use or
discharge of firearms, but only in the following parcels:
[Added 4-17-2012]
SBL
|
Number
|
Street Name
|
---|---|---|
26-17-2
|
6
|
School Street
|
26-17-4
|
49
|
Montgomery Street
|
26-17-5
|
47
|
Montgomery Street
|
26-17-6
|
45
|
Montgomery Street
|
26-17-7.2
|
32-48
|
Cottage Street
|
26-17-8
|
39-47
|
Railroad Avenue
|
26-2-19.1
|
49 1/2
|
Cottage Street & Rear
|
26-2-20
|
49
|
Cottage Street
|
26-2-21
|
47-47 1/2
|
Cottage Street
|
26-2-22
|
45
|
Cottage Street
|
26-2-23
|
41-43
|
Cottage Street
|
26-2-28.2
|
33-35
|
Railroad Avenue
|
31-3-1
|
22-26
|
Montgomery Street
|
31-3-13
|
12
|
Montgomery Street
|
31-3-14
|
12 1/2
|
Montgomery Street
|
31-3-15
|
14-16
|
Montgomery Street
|
31-3-16
|
18-20
|
Montgomery Street
|
31-3-11
|
10
|
Montgomery Street
|
31-3-12
|
10 1/2
|
Montgomery Street
|
31-2-20.11
|
50-60
|
Railroad Avenue
|
(29)
Light manufacturing of dairy foods, provided that such manufacturing
is fueled by only oil, gas or electricity.
[Added 5-21-2019]
(30)
Bakery whose primary business is retail on the premises but which
may also sell and deliver its products wholesale to stores, hotels,
restaurants or similar businesses.
[Added 3-16-2021]
(31)
Bottle redemption centers which are defined as commercial establishments
that accept empty beverage containers for redemption from the public
and pay the refund value. Bottle redemption centers shall be open
to any person offering to pay the refund value of an empty beverage
container or to any person who contracts with one or more dealers
or distributors to collect, sort and obtain the refund value and handling
fee of empty beverage containers for, or on behalf of, such dealer
or distributor. Approval of such centers must be conditioned upon:
[Added 9-21-2021]
(a)
The applicant must obtain registration for such center with New York
State pursuant to 6 NYCRR Part 367;
(b)
The center must post a "redemption warning" sign, pursuant to Environmental
Conservation Law § 27-1015(4), which states that there is
a penalty for returning containers on which a deposit was never paid
in New York State. The sign must be at least eight inches by 10 inches,
with print at least one inch in size; and
(c)
The center shall not, pursuant to Environmental Conservation Law
§ 27-1007(10), knowingly redeem an empty beverage container
on which a deposit was never paid in New York State.
C.
Building height limit. No structure or building shall
exceed two stories or 35 feet high.
D.
Required lot area. There shall be a minimum lot area
of 15,000 square feet.
E.
Required lot width. There shall be a minimum lot width
of 100 feet.
F.
Front yard. There shall be a front yard of not less
than 20 feet.
G.
Rear yard. There shall be a rear yard of not less
than 10 feet.
[Added 7-10-2006]
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(2)
Personal service store such as barbershop, beauty
shop, shoe repair, tailor or dry-cleaning service.
(3)
Service establishments for service other than of a
personal nature, such as a car wash, but excluding self-storage facilities.
(4)
Restaurants and eating establishments, but excluding
bars and nightclubs.
(4.1)
Restaurants and eating establishments with a beer
and wine license, but excluding bars and nightclubs.
[Added 11-20-2012]
(4.2)
Restaurants and eating establishments with a full liquor license,
but excluding bars and nightclubs.
[Added 11-20-2012]
(5)
Bakery.
(6)
Bus terminals and taxi stands.
(7)
Places of assembly such as a theater, dance hall,
auditorium, stadium, or similar uses and purposes.
(8)
Public or private schools, elementary and high schools,
colleges and universities, including playgrounds and other accessory
uses required for operation.
(9)
Offices for the following:
(a)
Accountant.
(b)
Architect.
(c)
Bond and loan companies.
(d)
Engineers and surveyors.
(e)
Insurance.
(f)
Lawyer.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and offices for philanthropic
and charitable institutions and necessary business activities related
thereto, such activities to be limited by the terms of the authorization
granted.
(10)
Wholesale business establishments, storage buildings
and warehouses, but excluding self-storage facilities.
(11)
Lumber, building, landscaping and farm supply
yards.
(12)
Research, experimental and laboratory testing.
(13)
Health club or fitness facility which may include
such facilities as weight-lifting equipment, indoor running tracks,
swimming pools, tennis, squash or racquetball courts, exercise machines,
such as treadmills and rowers, skating, roller or boxing rinks, and
accessory facilities such as saunas, showers and locker rooms, but
excluding any facility involving the use or discharge of firearms.
(14)
Manufacturing of foods, toiletries, cosmetics,
plastic and plastic products, wood products or similar nonferrous
products, provided that such manufacturing is fueled by only oil,
gas or electricity.
(15)
Commercial laundry and general cleaning services,
including carpet and rug cleaning.
(16)
Photoengraving, lithographers or similar uses
requiring offset press.
(17)
Small boat building, storage and retail sales.
(18)
Hotels and motels.
C.
Building height limit. No building or structure shall
exceed six stories or 90 feet in height.
F.
Front yard. There shall be a front yard of not less
than 20 feet.
G.
Rear yard. There shall be a rear yard of not less
than 10 feet.
A.
Permitted and accessory uses. None.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
The manufacture and maintenance of electric and neon
signs, billboards, commercial advertising structures and light sheet-metal
products.
(2)
The manufacture and maintenance of electrical and
electronic equipment, instruments or appliances.
(3)
Automobile painting, rebuilding or reconditioning
(automobile body shops), tire retreading or recapping and battery
manufacturing.
(4)
Blacksmith shop or machine shop and steel-fabricating
shops.
(5)
Distribution plant for retail goods, ice and cold
storage plant, or bottling plant.
(6)
Commercial laundry and general cleaning services,
including carpet and rug cleaning.
(7)
Wholesale business, storage buildings and warehouses,
but excluding self-storage facilities, except in that area south and
east of the Middletown New Jersey railroad line in the I-2 Zoning
District bisected by Dolson Avenue in the southern portion of the
City.
[Amended 6-13-2005]
(8)
The manufacturing of plastic and plastic products
or manufacturing of similar nonferrous products.
(9)
Veterinary offices or dog or cat hospitals and kennels.
(10)
Photoengraving, lithographers or similar uses
requiring offset press.
(11)
Building material sales yard, including the
sale of rock, sand, gravel and similar materials as an incidental
part of the main business, but excluding concrete mixing.
(12)
Contractor equipment storage yard or plant and
retail sales of equipment commonly used by contractors.
(13)
Freighting or trucking yard or terminal.
(14)
Lumberyard and retail sales of lumber materials,
including incidental millwork.
(15)
Plumbing or sheet-metal shop.
(16)
Small boat building, storage and retail sales.
(17)
Stone monument works.
(18)
Manufacturing, compounding, processing, packaging
or treatment of such products as toiletries, cosmetics, perfumes,
and flavorings, including the intermediate ingredients or materials
required to produce these items.
(19)
The manufacture, compounding, processing, packaging
or treatment of such products as candy, pharmaceuticals and food,
including meat (but excluding fish products), sauerkraut, vinegar,
yeast and the rendering of fats and oils, and large-scale bleaching
and dyeing establishments.
(20)
The manufacture of carbonic ice, including its
processing and distribution.
(21)
Any manufacturing use involving primary production
from raw materials, or any use involving the conversion or recycling
of materials into other usable products.
(22)
Railroad yards and freight stations.
(23)
Printing plants.
(24)
Public garages.
(25)
Bus terminals and taxi stands.
(26)
Feed and fuel yards, including the storage of
petroleum products.
(27)
Offices for the following:
(a)
Accountant.
(b)
Architect.
(c)
Bond and loan companies.
(d)
Engineers and surveyors.
(e)
Insurance.
(f)
Lawyer.
(g)
Medical/dental practitioners.
(h)
Real estate.
(i)
Stock brokerage companies.
(j)
Business offices and offices for philanthropic
and charitable institutions and necessary business activities related
thereto, such activities to be limited by the terms of the authorization
granted.
(28)
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(29)
Movie and musical production facilities and similar uses, but
excluding nightclubs, bars, theaters and other places of public assembly.
[Added 11-2-2015]
C.
Uses prohibited. All uses of land, building and structures
or industrial processes or junkyards that may be noxious or injurious
by reason of the production or emission of dust, smoke, refuse matter,
odor, gas fumes, fumes, noise, vibration or similar substances or
conditions, provided, however, that any uses may be permitted if approved
by the Planning Board and subject to the securing of a permit therefor
(including site plan approval), and to such conditions, restrictions
and safeguards as may be deemed necessary by the Planning Board for
the purpose of protecting the health, safety, morals or the general
welfare of the citizens of the City of Middletown.
D.
Building height limit. No structure or building shall
exceed two stories or 35 feet in height.
E.
Required lot area. There shall be a minimum lot area
of 15,000 square feet.
F.
Required lot width. There shall be a minimum lot width
of 100 feet.
G.
Front yard. There shall be a front yard of not less
than 20 feet.
H.
Rear yard. There shall be a rear yard of not less
than 10 feet.
A.
Permitted and accessory uses. None.
B.
Uses requiring issuance of both a special use permit
and site plan approval by the Planning Board.
(1)
Industrial or manufacturing uses, as set forth in
the regulations for the I-2 Heavy Industrial Districts.
(3)
Executive offices and operating facilities for communication companies, and antenna, antenna accessory structures, towers and buildings used in connection with personal wireless services, as set forth more fully in § 475-43.
(4)
Railroad yards and freight stations.
(5)
Trucking terminals.