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Zoning Districts
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Minimum Lot Requirements2
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Minimum Yard Requirements2
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Minimum Lot Area1
(square feet)
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Width
(feet)
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Depth
(feet)
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Front
(feet)
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Side
(feet)
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Rear
(feet)
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Maximum Height
(feet)
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Maximum Coverage
(percent of site area)
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RF-1
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200,000
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300
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500
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75
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50
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100
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35
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5%
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RF-2
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100,000
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200
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300
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50
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30
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75
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35
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10%
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R-40
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40,000
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100
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150
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40
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20
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35
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35
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15%
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R-12, served by:
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Central S and W
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12,500
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100
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100
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30
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15
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30
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35
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30%
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Central S or W
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25,000
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100
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100
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30
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15
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30
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35
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17.5%
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No S or W
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40,000
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100
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150
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40
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20
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35
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35
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15%
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RG and BC, served by Central S and W4
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7,500
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50
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—
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4 minimum; 10 maximum
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10
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20
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35
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65%
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NC3
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20,000
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100
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100
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20
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20
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30
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35
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20%
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GC-13 and GC-23
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40,000
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150
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150
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40
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20
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50
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35
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20%
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LI
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2 acres
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200
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200
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30
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50
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50
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35
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20%
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HI
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10 acres
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500
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500
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100
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100
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100
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50
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20%
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W
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—
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100
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—
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20
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20
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20
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35
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—
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WR
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—
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100
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—
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20
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20
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20
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15
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—
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NOTES:
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W = Water; S = Sewer
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1
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Refer to § 123-24B to calculate the base density and maximum number of dwelling units that may be built on a parcel or the maximum number of new parcels that may be created through subdivision.
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2
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3
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Lot area and dimensions for residences shall be as required
for the R-12 District.
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4
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The minimum lot size and density for parcels not served by both
municipal water and sewer shall be as required for the R-12 District.
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A.
Minimum width of detached one-family dwellings. All detached one-family
dwellings shall be a minimum of 18 feet in width. Any detached one-family
dwelling less than 18 feet in width shall only be permitted within
the Manufactured Home Overlay District.
B.
Base density. Unless indicated otherwise, the following process shall
be used to calculate the number of dwelling units that may be built
on a parcel and to determine the maximum number of new parcels that
may be created through subdivision.
(1)
Base density is the measurement of the capacity of a parcel or parcels
to support development sites expressed as a number of dwelling units,
establishments or lots.
(2)
Property served by both municipal water and sewer shall not be required
to remove constrained land, except easements, when calculating base
density. All property not served by both municipal water and sewer
shall be required to remove all constrained lands to calculate base
density.
(3)
Calculating base density. Base density shall be calculated by the
following procedure:
(a)
Step 1: Determine the acreage of constrained land, which is
the combined area on a parcel covered by existing buildings (unless
said buildings are proposed to be removed), surface water bodies,
NYSDEC-regulated freshwater wetlands, federally regulated wetlands,
50% of acreage covered by 100-year floodplains, entire floodways,
easements and lands with slopes of 20% or greater (measured over a
fifty-foot horizontal distance).
(b)
Step 2: Calculate the gross buildable acreage by subtracting
the constrained acreage from the total acreage of the parcel.
(c)
Step 3: Calculate the base density by dividing the gross buildable acreage by the minimum lot area for the involved zoning district as set forth in § 123-23, Schedule of District Area and Bulk Regulations.
(d)
Step 4: Base density having fractional units equal to or greater
than 0.5 may be rounded up.
(4)
Apartments and townhouse maximum dwelling units. To calculate the potential maximum dwelling units for apartments and townhouse dwellings, refer to § 123-12C(2).
C.
Principal buildings/uses per lot.
(1)
Residential uses. Except where otherwise indicated by this chapter,
no more than one one-family dwelling or no more than one two-family
dwelling may be placed on a lot in any district where such use is
permitted.
(2)
Nonresidential uses. Except where otherwise indicated by this chapter,
one or more nonresidential uses may be placed on a lot in any district
where such uses are permitted.
(3)
Two or more nonresidential uses on one lot. When two or more nonresidential uses are located on one lot, whether in one or more buildings, they shall constitute one use for the purposes of calculating the minimum lot area required for mixed uses, in accordance with § 123-24I and § 123-23, Schedule of District Area and Bulk Regulations.
D.
Height exceptions. Unless specifically stated otherwise, the height limitations of this chapter, as shown on the Schedule of District Area and Bulk Regulations, shall not apply to the following structures, subject to Subsection D(1) and D(2) of this section: church spires, belfries, cupolas and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, bulkheads and other necessary mechanical appurtenances usually carried above the roof level; parapet walls or cornices, provided that they do not exceed the height limit by more than 10 feet; radio or television antennas accessory to a residential use, public utility transmission towers or cable.
(1)
No such structure shall, in its aggregate coverage, occupy more than
10% of the roof area on which it is located or 5% of the lot area,
if freestanding.
(2)
Any such proposed structure exceeding 50 feet in height shall be
permitted only by special permit issued by the Planning Board.
(3)
Where the lot has frontage on two or more streets or other public
rights-of-way, the height limitation on a nonresidential building
shall apply only as measured from the curb level along the street
with the higher elevation above sea level.
E.
Transition requirements for district boundaries.
(1)
Where a lot in a GC-1, GC-2 or LI District abuts a lot in a residential
district, there shall be provided a yard of at least 100 feet in width
in the nonresidential district. In said yard, a strip at least 50
feet wide abutting the residential district shall be kept free of
roadways, parking or storage of any materials or goods and shall be
suitably landscaped.
(2)
A lot in an HI District shall be surrounded on all sides which abut
a lot in any other district by a yard of at least 150 feet in width,
of which at least 100 feet adjacent to such other district shall be
maintained as a landscaped buffer.
F.
Standards for yards and accessory buildings.
(1)
Corner lots.
(a)
On a corner lot, each side which abuts a street shall be deemed
a front lot line. Of the remaining yards, one shall be determined
to be the required side yard and one the required rear yard, at the
discretion of the owner.
(b)
On a corner, no obstruction to vision more than 2 1/2 feet
in height above street grade shall be erected, placed or maintained
within the triangular area formed by the intersecting street lines
of such lot and a straight line joining points along such street lines
15 feet distant from their point of intersection.
(2)
Front yard measurement.
(a)
The required front yard shall be measured from the abutting
right-of-way or street line, except that, where such street right-of-way
or street parcel is less than 50 feet in width, the required front
yard shall be measured from a line 25 feet from and parallel to the
center line of the abutting street parcel or right-of-way.
(b)
No proposed one- or two-family dwelling shall be required to
have a setback greater than the average setback of the two existing
dwellings with the greatest setbacks within 200 feet on each side
of the said proposed dwelling, on the same side of the street, within
the same block and the same district.
(3)
Shoreline setbacks for yards adjacent to waterways. Unless superseded
elsewhere in this chapter, a principal structure shall be set back
from the Hudson River, the Rondout Creek, lakes, ponds, or any protected
stream by a distance equal to twice the required front yard in the
district in which it is located. However, in the W and WR Districts,
buildings or structures whose function requires a location at or nearer
the water's edge shall not be bound by any yard requirement.
(4)
Double frontage. For any through lot, fronting on parallel or abutting
streets, except in the BC and RG Districts, both frontages shall comply
with the front yard requirements of the district in which it is located.
Within the BC and RG Districts, one street shall be chosen as the
primary street from which front yard setbacks shall be measured. In
most cases within the BC District, US Rt. 9W (Broadway) shall be serve
as the primary street from which front yard setbacks shall apply,
while within the RG District, US Old Rt. 9W is anticipated to serve
as the primary street.
(5)
Accessory buildings.
(a)
An accessory building may be located in any required side or
rear yard, provided that:
[1]
Such building shall not exceed 15 feet in height.
[2]
Such building shall be set back five feet from any lot line
and shall not be located less than 10 feet from the principal building.
[3]
All such buildings in the aggregate shall not occupy more than
30% of the area of the required rear or side yard.
(b)
Accessory buildings constructed at the same time may be located
in pairs or groups in the required rear or side yard along the common
side lot line or rear lot line of contiguous lots.
(c)
An accessory building on that portion of a lot not included
in any required yard shall conform to the height regulations for principal
buildings.
(6)
Encroachments in required yards. The space in any required yard shall
be open and unobstructed except as follows:
(a)
Window sills, bay windows, cornices, eaves and other similar
architectural features shall be permitted to project no more than
four feet.
(b)
Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot, except within the sight triangle described in § 123-24F(1)(b). Fences or walls with a height in excess of 6 1/2 feet but less than 15 feet shall comply with the standards for accessory structures, and those in excess of 15 feet high shall conform to the setback and height requirements set forth herein for principal buildings.
(c)
Paved areas, other than what is needed for access to the lot,
shall not project within five feet of a street line or one foot of
a lot line.
(d)
A roofed-over, but unenclosed, projection in the nature of an
entry or portico not more than eight feet wide and extending not more
than six feet out from the front wall of the building shall be exempt
from front yard requirements when the building otherwise complies
with all other yard requirements.
(e)
Open decks may extend into a required rear yard so long as no
part of such deck is closer than 15 feet to a lot line. The deck surface
shall be no more than three feet above the average grade of the land
around its perimeter, and any sides or railings shall be no higher
than four feet above the deck surface.
(7)
Waiver of yards. No side yard or rear yard shall be required in the
LI, HI and W Districts, where such yard abuts an operating railroad
right-of-way.
G.
Flag lots. The creation of flag lots, as defined in § 123-61 of this chapter, is permitted in accordance with the standards listed below, in addition to the standards of Chapter 107, Subdivision of Land, and other applicable regulations:
(1)
Minimum lot area. The minimum area of a flag lot shall be at least 1 1/2 times the required minimum lot area set forth in § 123-23 of this chapter. The area of an access strip portion of the flag lot shall not be counted towards meeting the minimum lot area requirements.
(2)
Front yard setback. The required minimum front yard setback of a
flag lot shall be measured not from the street line of the flag lot
but from the interior front lot line.
(4)
Access strip width. The minimum width of an access strip serving
a flag lot shall be no less than 50 feet. The width of the access
strip may not be reduced at any point along the entire length of the
access strip.
(5)
Access strip length. The maximum length of the access strip shall
be no greater than twice the required lot depth of the district in
which the flag lot is located, except where the Planning Board determines
that such a restriction is impractical or unwarranted.
H.
Frontage and access.
(1)
Frontage. The minimum frontage of any lot may be less than the minimum
width requirement of the district in which the lot is located, but
in no case shall the frontage be less than either 1/2 of the minimum
required lot width or 50 feet, whichever is greater.
(2)
Access. No building permit shall be issued for the construction or
alteration of any building upon a lot without access to a mapped street
or highway as stipulated in § 280-a of the New York State
Town Law.
(3)
Open development. The Town Board may, by resolution, establish one
or more open development areas within the Town, as provided for in
§ 280-a of the New York State Town Law, wherein permits
may be issued for the erection of structures to which access is given
by right-of-way or easement, upon such conditions and subject to such
limitations as may be prescribed by the Planning Board. The Town Board,
before establishing any such open development areas, shall refer the
matter to the Planning Board for its advice and shall allow the Planning
Board a reasonable time to report.
(4)
Access approvals. Any proposed new access points for a lot or any
existing access for a lot for which a change of land use is contemplated
shall be reviewed and approved by either the New York State Department
of Transportation, the Ulster County Department of Public Works or
the Esopus Town Highway Department.
(5)
Driveways. No driveway shall provide access to a lot located in another
district to serve a use which is not permitted in the district in
which the driveway is located.
I.
Mixed-use/mixed-use occupancy developments. Unless otherwise indicated,
the following minimum requirements for mixed-use/mixed-use occupancy
developments shall apply.
(1)
Subsequent approvals for mixed-use/mixed-use occupancy developments.
When the Planning Board approves a building with more than one nonresidential
use on any individual parcel of land, it is not necessary for each
individual occupant of the building to obtain site plan or special
use permit approval. The site plan approval or special use permit
issued for the mixed-use building shall cover all permitted uses therein,
unless otherwise required by the Planning Board during applicable
approvals. Tenants shall be required to obtain individual sign permits
and where applicable certificate of occupancies, building permits
and other such approvals that may be required.
(2)
Nonresidential mixed-uses. Two or more nonresidential uses located
on one lot, whether in one or more separate buildings, shall constitute
one use for the purposes of calculating the minimum lot area required
for the mixed-use.
(3)
Residential and nonresidential mixed-use. When residential and nonresidential uses are located on one lot whether in one or more buildings, the nonresidential use or uses shall constitute one use for the purposes of calculating the minimum lot area required for the mixed-use. The residential use shall constitute a separate use and the minimum lot area per dwelling unit shall apply in accordance with § 123-24I(4) below and § 123-24B.
(4)
Required lot area for permitted residential and non-residential mixed-uses
located on the same lot, whether in the same building or not.
A.
Authority of Planning Board. In accord with the authority granted
pursuant to § 278 of the Town Law, the Planning Board may,
upon request, vary the zoning requirements as to lot size, width and
yard requirements in connection with a proposed subdivision plat,
subject to the standards and procedures contained below. The Planning
Board is further authorized to require such modifications where it
finds that it will be in the public interest to preserve significant
natural features (such as wetlands, woods, drainage ways, waterfalls,
streams, etc.) or important views or significant open spaces or recreation
opportunities.
B.
Purposes. The purpose of modifications in accord with this section
shall be to enable and encourage flexibility in design and development
so as to promote the most appropriate use of land, to facilitate the
adequate and economical provision of streets and utilities and to
preserve the natural and scenic qualities of open lands.
C.
Permitted uses. The permitted uses within a subdivision under this
section shall be limited to those otherwise permitted in the zoning
district in which it is located, including agricultural use and forest
production.
D.
Development standards and controls. Except as specified herein, all
development standards and controls otherwise applicable to residential
subdivisions and uses shall also be applicable to a subdivision under
this section.
(1)
Number of lots or dwelling units.
(a)
The maximum permitted number of lots or dwelling units within
an average density subdivision shall not exceed the number that would
be achieved if the land were subdivided into lots conforming to the
minimum lot size and density requirements applicable to the district
in which the land is situated and all other applicable requirements.
The maximum number of lots or dwelling units shall be determined as
follows:
[1]
The gross site area shall be reduced by 5% where a five acre
lot is required, 10% where a 2 1/2 acre lot is required and 12.5%
where a one acre lot is required to reflect the area that would be
required for streets in a conventional subdivision.
[2]
The area thus derived shall be further reduced by the area of
any existing permanent easements which preclude development and 66%
of the area of any designated state or federal wetland or 100-year
flood hazard area or slopes in excess of 20%.
[3]
The resulting net area shall be divided by the minimum required
lot area in the district to derive the number of lots or dwelling
units permitted.
(b)
As an alternate to the above formula, the applicant may submit
a subdivision plat meeting all requirements of this chapter, the Land
Subdivision Regulations,[1] the Ulster County Health Department and any other applicable
local, county state or federal law or regulation that demonstrates
that a greater number of lots could be achieved.
(2)
Average lot area.
(a)
Under this section, lots may be reduced in area below the minimum
lot size required in the district, provided that the average size
of lots created in the subdivision is not less than the minimum required
in the district.
(b)
No lot shall have an area of less than one acre unless served
by an approved municipal sewer and water system, in which case the
area may be reduced to no less than 12,500 square feet.
(c)
Land in the subdivision not proposed for building site development shall be set aside as permanent open space for common ownership and use by all lot owners in the subdivision, dedicated to and accepted by the Town or a land conservancy, or a homeowners' association, if proposed, for use as a permanent open space or recreation area, or designated for permanent use for agricultural purposes or forest production. The area of such land may be included to determine the average lot size. All land designated as open space is to be served as such in accordance with the provisions of Subsection F below.
(3)
Lot dimensions. All lots shall comply with the minimum requirements
of the Area and Bulk Schedule for the R-40 District unless served
by a municipal water and/or sewer system.
E.
Review critical. In acting on a proposed plan, the Planning Board
shall give particular consideration to the following criteria:
(1)
That the proposed subdivision will not have a substantial or undue
adverse effect upon adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities and other matters
affecting the public health, safety and general welfare.
(2)
That individual lots, buildings and streets are designed and situated
to minimize alteration of the natural site features to be preserved.
(3)
That any open space to be preserved includes irreplaceable natural
features located in the tract (such as but not limited to streambeds,
significant stands of trees, individual trees of significant size
and rock outcroppings) to the maximum extent feasible.
(4)
That the proposed subdivision will be served adequately by essential
public facilities and services, such as highways, streets, police
and fire protection, drainage structures, water and sewer systems.
F.
Preservation of permanent open space. Land set aside as permanent
open space shall be defined, described, and deeded as a single parcel
of land, and further shall be protected by legal arrangements which
are determined by the Planning Board, with the advice of the Town
Attorney, to be sufficient to assure its maintenance and preservation
as permanent open space.
G.
Prohibition to subdivide. The final plat shall include notation that
any lot created under the provisions of this section, including permanent
open space, shall not be resubdivided.
H.
Required use of average density procedures. The Planning Board may
require that a proposed subdivision plat be modified in accordance
with the provisions of this section when it finds that one or more
of the following conditions exist:
(1)
The site contains a designated wetland.
(2)
Any portion of the site is within the 100-year flood hazard area.
(3)
The site is within an agricultural district certified pursuant to
the Agricultural and Markets Law or includes soils classified within
Soil Groups 1 through 4 of the New York State Land Classification
System or is being used for forest production in accord with § 480-a
of the Real Property Tax Law.
(4)
The site is located over a primary, principal or sole source aquifer.
Off-street parking and loading spaces shall be provided at the
time a new use is established through construction of a new building
or alteration or conversion of an existing building, in accord with
the following standards and regulations.
A.
Off-street parking.
(1)
Required parking spaces. Off-street parking spaces shall be provided as follows, except where specifically waived in § 123-26A(2)(g) below. For any use not listed below or when interpretations are needed, the Planning Board shall determine off-street parking requirements when site plan review is required, while the Zoning Enforcement Officer/Building Inspector shall make said determination in all other cases.
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Table 26-1: Off-Street Parking Standards
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Type of Use
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Minimum Number of Parking Spaces
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Residential and Related Uses
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One-family residences
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2 for each dwelling detached unit
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Short-term rentals
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1 for every 2 bedrooms (minimum of 164 square feet of parking
area per vehicle required)
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Apartments and townhouse dwellings
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2 for each dwelling unit
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Public, Institutional, Cultural and Related Uses
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Use or assembly
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1 for every 5 seats
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Places of public assembly, clubs and fraternal organizations
and recreation facilities
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1 for every 4 seats in the largest hall or meeting area or for
every 4 members, whichever is greater
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Cultural venues, performing arts center, or similar use
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1 for every 500 square feet of gross floor area, or 1 space
for each 4 seats, whichever is greater
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Hospital
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1 for every 2 beds
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Convalescent home
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1 for every 4 beds
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Bed-and-breakfast
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1 for every 2 beds
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Home occupation
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1, plus 1 additional for any nonresident employee in addition
to those spaces required for residential use
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Day-care center or nursery school
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1 per staff member plus 1 per classroom
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Commercial and Related Uses
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Banks
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3 for each teller or service window
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Retail stores or service establishments
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1 for each 250 square feet of gross floor area
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Convenience stores
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1 for each 150 square feet of gross floor area, plus 1 for every
2 seats for in-store food service
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Professional or business offices
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1 for each 250 square feet of gross floor area
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Medical and dental offices
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4 per doctor or dentist plus 1 for each additional employee
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Restaurants and bars
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1 for every 3 seats or 100 square feet of gross floor and bar
area, whichever greater
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Theaters and similar places of public assembly or recreation
activity
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1 for every 4 seats or participants or 500 square feet of gross
floor area, whichever is greater
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Funeral homes
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1 for each 3 seats provided under maximum occupancy
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Hotels, motels and resorts
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1 per guest room, plus 1 for every 3 employees
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Breweries
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1 space per employee on the largest shift, plus 1 space per
4 seats in any tasting room or other visitor facility open to the
general public
Minimum: 1 per 1,500 square feet of gross floor area
Maximum: 1 per 300 square feet of gross floor area
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Marina
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0.60 spaces per slip, plus 1 space for each 2 employees
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Heavy Commercial and Industrial Uses
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Wholesale, storage and warehousing
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1 for every 2,500 square feet of gross floor area
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Light assembly, general industrial and similar uses
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1 for each 400 square feet of gross floor area
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Automotive sales and repair
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1 for each 200 square feet of sales area and 1 for each 500
square feet of service area
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Other industrial or heavy commercial uses
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1 for each 500 square feet of gross floor area
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(2)
Supplementary parking regulations.
(a)
Maximum allowed number of spaces.
[1]
The number of spaces provided for any particular use in ground
surface lots, excluding designated handicapped parking spaces, shall
not exceed the number of spaces required by this article by more than
25%.
[2]
Spaces provided within the building footprint of structures,
such as in rooftop parking or below-grade parking, shall not count
towards the maximum number of allowed spaces.
[3]
Spaces provided in multilevel parking above or below surface
lots shall not count towards the maximum number of allowed spaces.
(c)
Areas computed as parking spaces. Areas which may be computed
as open or enclosed off-street parking spaces include any private
garage, carport or other area available for parking, other than a
street or a driveway. However, a driveway within a required front
yard for a one-family or two-family residence may count as one parking
space.
(d)
Size of spaces. Minimum parking stall width shall be nine feet,
the minimum length shall be 18 feet.
(e)
Access. Unobstructed access to and from a street shall be provided.
Such access shall consist of at least one ten-foot lane for parking
areas with less than 20 spaces and at least two ten-foot lanes for
parking areas with 20 spaces or more. No entrance or exit for any
off-street parking area shall be located within 50 feet of any street
intersection, except for one- and two-family residences.
(f)
Drainage and surfacing. All open parking areas shall be properly
drained, and all such areas shall be provided with an approved dustless
surface, except for parking spaces accessory to a one-family or two-family
residence.
(g)
Joint facilities. Required parking spaces, open or enclosed,
may be provided in spaces designed to serve jointly two or more establishments,
whether or not located on the same lot, provided that the number of
required spaces in such joint facilities shall be not less than the
total required for all such establishments, unless waived or modified
in accordance with this section.
(h)
Ownership. Required accessory parking spaces, open or enclosed,
shall be provided upon the same lot as the use to which they are accessory.
However, upon approval by the Planning Board, such spaces may be provided
on a separate site, provided that all spaces are located within 300-foot
walking distance of the lot on which the use is located. In all cases,
such parking spaces shall conform to the regulations of the district
in which the parking spaces are located, and in no event shall such
parking spaces be located in any residence district unless the uses
to which the spaces are accessory are permitted in such residence
district. Such off-site spaces shall be in the same ownership as the
property to which they are accessory and shall be subject to deed
restriction, approved by the Planning Board, binding the owner and
his heirs and assigns to maintain the required number of spaces available,
either throughout the existence of such use to which they are accessory
or until such spaces are provided elsewhere.
(i)
Waiver of parking requirements. Off-street parking requirements
may be waived, in part, in the following cases:
[1]
For nonresidential uses proposed within the Broadway Commercial
(BC) or Rondout Gateway (RG) Zoning Districts, the Planning Board
may waive up to 35% of all off-street parking spaces required by this
chapter under the following conditions:
[2]
Senior citizen housing. Where housing is designed specifically
for and occupied by persons 55 years of age or older, required off-street
parking may be reduced to one space for every two dwelling units.
[3]
Joint use of spaces for mixed-uses. In the case of two or more
uses located on the same lot, the sum of the space required for all
uses individually may be reduced to an amount no less than 100% of
the largest number of spaces required by any single use, upon a determination
by the Planning Board that such a reduced amount of parking space
will be adequate to serve all uses on the lot due to their different
character and hours of operation.
[4]
Preexisting uses. Structures and uses in existence as of the
effective date of this chapter shall not be subject to the parking
requirements herein. However, if the parking spaces serving such structure
or use are less than would be required by this chapter, they shall
not be reduced; and, if the structure or use is expanded, additional
parking spaces in the appropriate amount required in Subsection A(1)(a)
above shall be provided to serve such expanded area.
(j)
Location of parking spaces.
[1]
In any residential district, no open or enclosed parking area
for five or more vehicles shall encroach on any required front yard.
Parking areas may extend into a required side or rear yard to within
10 feet of a side or rear lot line.
[2]
In business and industrial districts, open parking areas shall
not extend within 10 feet of a street or right-of-way line or within
15 feet of a property line in a residential district.
(k)
Screening and landscaping of parking areas.
[1]
Parking areas of five or more cars which are adjacent to or
across the street from properties in a residential district shall
be screened from the view of such properties by a combination of walls,
fences or hedges.
[2]
All areas in a parking lot not required for parking space or
access drives shall be suitably landscaped and maintained. A landscaping
plan for parking areas shall be submitted for those uses requiring
site plan review by the Planning Board.
(l)
Commercial vehicles. The following regulations shall apply only to commercial vehicles as defined in Subsection A(2)(l)[1] below:
[1]
The term "commercial vehicle" shall include any vehicle with
a gross vehicle capacity of more than 15,000 pounds used to transport
people, goods or materials as part of a business or service and shall
include such equipment as bulldozers, backhoes, etc. The term "commercial
vehicle" shall not apply to a pickup truck or van with a gross vehicle
capacity of less than 15,000 pounds.
[2]
Commercial vehicles may be parked regularly on a lot in any
residence district subject to the following:
[3]
Parking or storage of a commercial vehicle on a nonresidential lot shall not be permitted unless the vehicle is directly associated with an approved use located on the same lot or an adjacent lot and the vehicle complies with the requirements of Chapter 113, Vehicles, Abandoned, of the Code of the Town of Esopus.
[4]
Farm vehicles are permitted as accessory to a farm use in any
residential district and are not subject to the above requirements,
except that farm vehicles shall not be parked in public rights-of-way.
[5]
This section shall not apply to the temporary or occasional
parking of delivery or service vehicles in the course of performing
their normal duties for a resident of the property.
[6]
This section shall not be deemed to permit the operation or
conduct of any commercial activity on a lot unless such activity has
received all approvals required by this chapter.
(m)
General provisions. Commercial parking areas shall be reserved
for the parking of vehicles for customer or employee use. There shall
be no servicing or dismantling of automobiles or other vehicles, and
no part of any parking lot shall be used for the sale, storage or
abandonment of any articles or goods. This provision shall in no way
apply to any customary vehicle maintenance carried out by a resident
at his or her residence.
(n)
Storage containers.
[1]
Not more than two storage containers shall be allowed on any
residential lot and not more than three on a nonresidential lot, unless
otherwise exempted or approved pursuant to this chapter.
[2]
Permanent use of a storage container.
[a]
Residential use. The placement or use of storage
containers for permanent use as an accessory storage building on a
residential lot shall be prohibited.
[b]
Nonresidential use. The placement or use of up
to three storage containers for permanent use as an accessory storage
building on a nonresidential lot may be permitted with a building
permit. More than three storage containers shall require site plan
approval in accordance with this chapter.
[3]
The use of storage containers for farm operations, as defined by this chapter, shall be exempt from the limits and requirements of this chapter, except Subsection A(2)(n)[6], [7] and [9] below.
[4]
The placement or use of storage containers for temporary purposes
shall be permitted under the following circumstances.
[a]
A structure is undergoing construction, repair,
alteration, or reconstruction, for which a building permit has been
issued. The storage container shall be removed from the premises upon
issuance of a certificate of occupancy or certificate of compliance,
or such time as the Code Enforcement Officer deems the project complete.
[b]
The storage container is being used to store belongings,
inventory or other materials in connection with a disaster, i.e.,
fire, flood, etc. The storage container shall be removed from the
premises upon issuance of a certificate of compliance, demolition
of the structure, or such time as the Code Enforcement Officer deems
the project complete.
[c]
At the discretion of the Code Enforcement Officer,
for extenuating circumstances, and/or limited time periods.
[5]
Not to exceed 10 feet in width, 20 feet in length, and 10 feet
in height on a residential lot.
[6]
Storage containers intended for temporary use shall maintain
a minimum setback of five feet from all property lines and five feet
from the nearest building. Storage containers intended for permanent
use shall meet the minimum setbacks for accessory structures in accordance
with this chapter.
[7]
Toxic or hazardous material is prohibited.
[8]
Located on an impervious surface, if available.
[9]
A storage container shall not be located on a street, right-of-way,
or sidewalk, nor in a location that blocks or interferes with vehicular
and/or pedestrian circulation, and shall comply with all regulations
for the purpose of ensuring safe ingress to and egress from buildings,
access to utility shut-off valves, and for fire protection.
(o)
Recreational vehicles.
[1]
Recreational vehicles may be stored on any occupied lot in any
district, provided that such vehicles are not occupied as a permanent
residence and are not stored within any required front yard of such
lot. For the purposes of this chapter, an "occupied lot" in any district
shall mean a lot that is occupied by a use. The Zoning Enforcement
Officer may grant permission to park a recreational vehicle in the
required front yard upon a determination that the location of buildings
on the site, topography or other physical limitations render other
alternatives infusible.
[2]
Recreational vehicles are not permitted as permanent residences
in any zoning district. Stored recreational vehicles shall not be
used for permanent living, sleeping or housekeeping purposes. Recreational
vehicles shall not be used as storage sheds.
[3]
Recreational vehicles may be temporarily occupied on any occupied
lot in any residential district for two separate time periods not
to exceed 14 days per time period during a calendar year.
B.
Off-street loading.
(1)
Loading requirements vary with the specific uses proposed. Loading
requirements shall ensure, to the extent feasible, that trucks can
unload cargo in a manner that does not interfere with pedestrian and
automobile traffic on public roads. Requirements for the number and
location of loading facilities shall be established by the Planning
Board during site plan review, or the Code Enforcement Officer/Building
Inspector when no site plan review is required, and based upon the
following:
(a)
The expected number of vehicles using the loading facilities
at times of peak usage.
(b)
The type of business, size of the structure, and size of vehicles
to be servicing the structure.
(c)
The need to ensure pedestrian and automobile safety by separating
loading operations from pedestrian and automobile circulation.
(d)
The need to screen vehicles and loading facilities from publicly
accessible areas as well as from abutting properties, including the
need for vegetative screening, buffers, and/or fencing.
(e)
The desirability of requiring service roads or alleys to achieve
the purposes of this section.
(f)
Applicable planning and engineering standards, adapted to achieve
the purposes of this section.
(g)
Other operational characteristics of the business or physical
characteristics of the site deemed relevant by the Planning Board.
(2)
Notwithstanding the above, the location and dimensions of loading
berths shall comply with the following:
(a)
All off-street loading berths shall be located on the same lot
as the use for which they are required.
(b)
Open off-street loading areas shall not encroach on any required
front or side yard, off-street parking area or accessway.
(c)
No loading berth shall be located within 50 feet of a property
line in a residential district or within 10 feet of any other property
line.
