A.
Permitted uses.
(1)
One-family dwelling not to exceed one such dwelling
per lot. Lot and building standards:
Type of Lot1
| ||||
---|---|---|---|---|
Minimum required
|
A
|
B
|
C
| |
Lot area (square feet) subject to soil and drainage
review
|
10,000
|
15,000
|
20,000
| |
Lot width (feet)
|
80
|
90
|
100
| |
Lot depth (feet)
|
100
|
100
|
150
| |
Front yard (feet)
|
35
|
35
|
35
| |
1 side yard (feet)
|
15
|
15
|
15
| |
Both side yards (feet)
|
30
|
30
|
40
| |
Floor area (square feet)
|
600
|
600
|
600
| |
Lot coverage
|
35%
|
30%
|
25%
| |
Building height (feet)
|
35
|
35
|
35
|
1Note:
A: Lots served by both a public sewerage system
and a public water system.
| ||||
B: Lots served by a public water system but
not a public sewerage system.
| ||||
C: Lots not served by either a public sewerage
system or a public water system.
|
(2)
Offices for professional and business use.
(3)
Retail stores.
(4)
Personal service shops.
(5)
Retail dry-cleaning and laundry establishments.
(6)
Appliance repair shops.
(7)
Printing shops.
B.
Accessory uses.
(1)
Outdoor vending machines.
(2)
All allowable uses, other than off-street parking,
shall be carried on within fully enclosed buildings.
(3)
Not more than three dogs or cats over six months of
age may be harbored per dwelling unit.
(4)
Fences. The Planning Board shall determine the need,
placement, type and height of all fencing.
[Added 8-25-1983 by L.L. No. 10-1983]
C.
Special permit uses subject to plan approval by the Planning Board, in accordance with the provisions of Article XI herein.
(1)
Eating and drinking establishments.
(2)
Gasoline filling stations.
(3)
Gasoline service stations.
(a)
All driveways shall be located a minimum of
10 feet from any property line.
(b)
Gasoline pumps shall be located at least 20
feet from any property line.
(c)
There shall be no more than five motor vehicles
stored or parked outdoors on the site.
(d)
The minimum street frontage shall be 100 feet
on each street involved.
(4)
Public utility buildings and structures.
(7)
Cemeteries.
[Added 2-11-1982 by L.L. No. 1-1982]
(a)
The minimum lot size, when not accessory to
a place of worship, shall be three acres.
[Amended 8-26-2021 by L.L. No. 6-2021]
(8)
Day-care centers and nursery schools.
[Added 12-27-1990 by L.L. No. 18-1990]
(a)
Such uses may be a principal use or allowed
as accessory uses in conjunction with the following other special
permit uses: offices for professional and business uses; retail stores;
and churches and religious institutions.
(b)
The required play space shall be adequate in
size and location as determined by the Planning Board.
(c)
No play area shall be located in a required
front yard.
(d)
All play areas shall be fenced and suitably
landscaped and buffered.
(e)
Indoor play areas shall consist of a minimum
of 35 square feet per child, excluding hallways, kitchens, bathrooms,
office space and sleeping quarters for infants. Sleeping quarters
for infants shall consist of a minimum of 20 square feet additional
per infant where an infant is a child less than three years of age.
(f)
Adequate pickup and drop-off areas shall be
provided and designed to ensure safe, direct access to the facility
as determined by the Planning Board. Said areas shall not conflict
with access to required parking.
(g)
There shall be a minimum of one toilet per 15
children.
(h)
Day-care centers shall be licensed by the New
York State Department of Social Services prior to operating such facilities.
(i)
All child-care centers shall indicate the designated
number of children and shall comply with regulations of the New York
State Department of Social Services as stated in 18 NYCRR Part 418
as they apply to centers for 44 or fewer and 45 or more children.
D.
Lot and building standards.
Type of Lot2
| |||
---|---|---|---|
A
|
B
|
C
| |
Minimum required
| |||
Lot area (square feet)
|
5,000
|
10,000
|
20,000
|
Lot width (feet)
|
50
|
75
|
100
|
Lot depth (feet)
|
100
|
100
|
100
|
Front yard (feet)
|
35
|
35
|
35
|
Rear yard1
|
15
|
15
|
15
|
Side yards1
|
15
|
15
|
15
|
Maximum permitted
| |||
Building height (feet)
|
35
|
35
|
35
|
Floor area (square feet)
|
5,000
|
5,000
|
5,000
|
Notes:
1When adjacent to
an RA, R-1 or R-2 District, the pertinent side and/or rear yards shall
comply with the adjacent district requirements.
| |||
2A: Lots served by
both public water and public sewer systems.
| |||
B: Lots served by a public sewer system but
not served by a public water system.
| |||
C: Lots not served by a public sewer or public
water system.
|
[Amended 2-11-1982 by L.L. No. 1-1982; 8-25-1983 by L.L. No. 10-1983; 2-25-1988 by L.L. No. 4-1988; 12-27-1990 by L.L. No.
18-1990; 10-24-1996 by L.L. No. 8-1996; 7-26-2007 by L.L. No. 15-2007; 5-26-2016 by L.L. No.
11-2016]
A.
Purpose. The Highway Commercial District is intended
to provide areas suitable for small- to medium-scale retail, office
and service operations serving local needs.
B.
Permitted uses.
(1)
Financial institutions.
(2)
Offices.
(3)
Public uses.
(4)
Places of worship.
[Amended 8-26-2021 by L.L. No. 6-2021]
(5)
Retail.
(6)
Service and repair shops.
(7)
Sales and repair of boats, ATVs, motorcycles, small engines commonly
used in off-road vehicles or landscape equipment, snowmobiles and
personal watercraft.
[Added 4-9-2015 by L.L.
No. 1-2015[1]]
[1]
Editor's Note: This local law also provided that it would
apply to all properties and property applications within the Town
of Wallkill that were pending as of 10-10-2013 and thereafter.
C.
Special permit uses.
(1)
Clubs and lodges.
(2)
Day care and nurseries.
(3)
Eating and drinking establishments.
(4)
Funeral parlors and mortuaries.
(5)
Gasoline filling and service stations.
(6)
Hotels/motels.
(7)
Schools, vocational.
(8)
Schools.
(9)
Shopping centers.
(10)
Single-family residences.
(11)
Theaters, including drive-ins.
(12)
Veterinary hospitals.
(13)
Rental car agencies, provided that the following criteria are
met:
[Added 5-26-2016 by L.L.
No. 9-2016]
(a)
The proposed agency must have an inventory of 20 vehicles available
for rent at all times.
(b)
All vehicles available for rent shall be parked in the back
of the facility and must not be visible from the road on which the
agency is located. No vehicles shall be stored in the front of the
facility, although vehicles that have been rented may be brought to
the front of the building for delivery to customers.
(c)
No vehicles shall be more than two model years old.
(d)
The proposed agency office must be located in a facility with
a minimum square footage of 15,000 square feet and utilize no more
than 25% of the usable space in said facility.
(14)
Self-storage facilities, provided that the following criteria
are met:
[Added 5-26-2016 by L.L.
No. 9-2016]
(a)
The self-storage facility must be constructed within an existing
building in the Town.
(b)
The exterior of the existing building cannot be altered or expanded
by virtue of the construction of the self-storage facility.
(c)
No individual self-storage units may be visible from the road
on which the facility is located.
(d)
Existing buildings in which self-storage facilities are located
must contain a minimum of 25,000 square feet and a maximum of 80,000
square feet.
(e)
A minimum 25% of the usable space of any building containing
storage facilities must be used for another permitted purpose.
(f)
With respect to newly constructed buildings, 25% of the usable
space within such buildings with a minimum size of 10,000 square feet
may be used for self-storage.
D.
Accessory uses and structures. Accessory uses that
are customarily incidental to an allowed principal use may be allowed
in this district and must comply with the regulations and standards
of this chapter. All accessory structures shall be subject to the
same area and bulk requirements as are required for principal structures
within such districts.
E.
Area and bulk requirements. The following table represents
the baseline requirements, and in some cases, additional standards
may apply (e.g., special permit uses or through overlay districts).
Minimum required
|
Type of Lot1
| |||
---|---|---|---|---|
A
|
B
|
C
| ||
Lot area (square feet)
|
10,000
|
15,000
|
20,0002
| |
Lot width (feet)
|
100
|
100
|
130
| |
Lot depth (feet)
|
100
|
100
|
120
| |
Front yard (feet)
|
35
|
35
|
35
| |
Rear yard (feet)
|
40
|
40
|
40
| |
One side yard (feet)
|
20
|
20
|
20
| |
Both side yards (feet)
|
30
|
30
|
30
| |
Floor area (square feet)
|
600
|
600
|
600
| |
Maximum permitted
| ||||
Building height (feet)
|
35
|
35
|
35
|
NOTES:
| ||
1
|
A: Lots served by a public sewerage and a public
water system.
| |
B: Lots served by a public sewerage system,
but not served by a public water system.
| ||
C: Lots not served by a public water system
or a public sewerage system.
| ||
2
|
For residential construction, refer to § 249-20D.
|
F.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide buffering
for adjacent, preexisting residential uses. In general, this buffering
shall be developed to alleviate the impact of nonresidential development,
including but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate
with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development
applicants shall provide a buffering plan demonstrating how the project
will alleviate any potential adverse impacts to adjacent, preexisting
residential structures. The Planning Board shall review the buffer
plan and reject for resubmittal, accept, or accept with modifications.
In all cases, the Planning Board review shall include review by the
Town's landscape architect.
G.
Fences.
(1)
The Planning Board shall determine the need, placement,
type and height of all fencing.
H.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.
[Added 7-26-2007 by L.L. No. 15-2007]
A.
Purpose. The Town Center District is intended to provide
areas suitable for large-scale shopping centers serving regional needs.
Such centers are characterized by uses offering retail comparison
shopper goods, locations accessible from regional highways, and an
integrated and connected complex of structures with internal roadways.
C.
Special permit uses.
(1)
Car washes.
(2)
Clubs and lodges.
(3)
Commercial recreation.
(4)
Day care and nurseries.
(5)
Eating and drinking establishments.
(6)
Funeral parlors and mortuaries.
(7)
Gasoline filling and service stations.
(8)
Motor vehicle sales and rental establishments.
(9)
Hotels/motels.
(10)
Research facilities.
(11)
Schools, vocational.
(12)
Shopping centers.
(13)
Theaters/cinemas.
(14)
Congregate-care facilities, including assisted living.
[Added 12-9-2009 by L.L. No. 8-2009]
(15)
Nursing homes.
[Added 12-9-2009 by L.L. No. 8-2009]
(16)
Extended-stay/all-suite hotels.
[Added 12-9-2009 by L.L. No. 8-2009]
D.
Accessory uses and structures. Accessory uses that
are customarily incidental to an allowed principal use may be allowed
in this district and must comply with the regulations and standards
of this chapter. All accessory structures shall be subject to the
same area and bulk requirements as are required for principal structures
within such districts.
E.
Area and bulk requirements. The following table represents
the baseline requirements, and in some cases, additional standards
may apply (e.g., special permit uses or through overlay districts).
Lot Area (sq. ft.)
|
Lot Width (feet)
|
Lot Depth (feet)
|
Front Yard (feet)
|
Side Yard (feet)
|
Rear Yard (feet)
|
Height (feet)
|
Maxi-
mum
Imper-
vious Cover-
age
|
---|---|---|---|---|---|---|---|
60,000
|
200
|
200
|
50
|
50
|
501
|
60
|
70%
|
NOTES:
| |
---|---|
1
|
50 feet or equal to the height of the building,
whichever is greater.
|
F.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide
buffering for adjacent, preexisting residential uses. In general,
this buffering shall be developed to alleviate the impact of nonresidential
development, including but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate
with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development
applicants shall provide a buffering plan demonstrating how the project
will alleviate any potential adverse impacts to adjacent, preexisting
residential structures. The Planning Board shall review the buffer
plan and reject for resubmittal, accept, or accept with modifications.
In all cases, the Planning Board review shall include review by the
Town's landscape architect.
G.
Fences.
(1)
The Planning Board shall determine the need,
placement, type and height of all fencing.
H.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.
[Added 7-26-2007 by L.L. No. 15-2007]
A.
Purpose. The Office and Research District provides
areas suitable for businesses such as corporate headquarters, research
and development facilities, medical and educational facilities, and
institutional uses in a landscaped setting. A high quality of design
is maintained within the district through the integration and consideration
of natural resources and features with development, inclusion of open
space, and landscaping and buffering from surrounding uses.
C.
Special permit uses.
(1)
Day care and nurseries.
(2)
Eating and drinking establishments.
(3)
Gasoline filling and service stations.
(4)
Hospitals.
(5)
Hotels/motels.
(6)
Research facilities.
(7)
Retail.
(8)
Schools, vocational.
(9)
Service and repair shops.
(10)
Congregate-care facilities, including assisted living.
[Added 12-9-2009 by L.L. No. 8-2009]
(11)
Nursing homes.
[Added 12-9-2009 by L.L. No. 8-2009]
(12)
Extended-stay/all-suite hotels.
[Added 12-9-2009 by L.L. No. 8-2009]
(13)
Manufacturing and production, light, as said term is defined in Town Code § 249-3, provided that the following criteria are met:
[Added 1-27-2017 by L.L.
No. 1-2017]
(a)
The Planning Board shall not entertain an application for such proposed
use unless and until the Town Board adopts a resolution supporting
the application for such use.
(b)
At the time the proposed use is presented to the Town Board for initial
consideration, the property upon which the facility would be built
must have been serviced by municipal water and sewer districts as
of the effective date of this subsection.
(14)
Distribution facilities used for the receipt, temporary storage,
and redistribution of goods or materials which do not include adverse
effects from smoke, noise, odors, dust and dirt, provided that the
following criteria are met:
[Added 1-27-2017 by L.L.
No. 1-2017]
(a)
The Planning Board shall not entertain an application for such proposed
use unless and until the Town Board adopts a resolution supporting
the application for such use.
(b)
At the time the proposed use is presented to the Town Board for initial
consideration, the property upon which the facility would be built
must have been serviced by municipal water and sewer districts as
of the effective date of this subsection.
D.
Accessory uses and structures. Accessory uses that
are customarily incidental to an allowed principal use may be allowed
in this district and must comply with the regulations and standards
of this chapter. All accessory structures shall be subject to the
same area and bulk requirements as are required for principal structures
within such districts.
E.
Area and bulk requirements. Please note that the following
table represents,the baseline requirements, and in some cases, additional
standards may apply (e.g., special permit standards or through overlay
districts).
Lot Area (sq. ft)
|
Lot Width (feet)
|
Lot Depth (feet)
|
Front Yard (feet)
|
Side Yard (feet)
|
Rear Yard (feet)
|
Height (feet)
|
Lot Cov-
erage
(build-ings)
|
Maxi-
mum
Imper-
vius Cov-
erage
|
---|---|---|---|---|---|---|---|---|
40,000
|
200
|
200
|
30
|
30
|
301
|
1002
|
40%
|
60%
|
NOTES:
| |
---|---|
1
|
30 feet or equal to the height of the building,
whichever is greater.
|
2
|
Maximum building height: Any structure within
100 feet of preexisting residential uses (measured at the lot line)
or a residential zoning district shall not exceed 45 feet in height.
The one-hundred-foot maximum building height limitation may be waived
at the discretion of the Planning Board for hospitals, provided the
structure is not within 100 feet of a preexisting residential use
or district.
|
F.
Mandatory buffer of preexisting residential structures.
(1)
All nonresidential development shall provide
buffering for adjacent, preexisting residential uses. In general,
this buffering shall be developed to alleviate the impact of nonresidential
development, including, but not limited to:
(2)
Buffer area. The area of buffer shall be commensurate
with the potential impact to neighboring properties.
(3)
Review process. During site plan review, development
applicants shall provide a buffering plan demonstrating how the project
will alleviate any potential adverse impacts to adjacent, preexisting
residential structures. The Planning Board shall review the buffer
plan and reject for resubmittal, accept, or accept with modifications.
In all cases, the Planning Board review shall include review by the
Town's landscape architect.
G.
Accessory structures.
(1)
All accessory structures shall be subject to
the same area and bulk requirements as are required for principal
structures within such districts.
H.
Fences.
(1)
The Planning Board shall determine the need,
placement, type and height of all fencing.
I.
Site plan approval.
(1)
A site plan showing the location of buildings, signs and other improvements including off-street parking facilities, truck loading spaces, landscaping and access to all public rights-of-way shall be submitted to the Planning Board for approval prior to the issuance of a building permit. The procedures and requirements set forth in § 249-38 of this chapter shall be adhered to.