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Second Draft in Response to Comments

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Second Draft in Response to Comments TOWN OF MAMAKATING INTRODUCTORY LOCAL LAW TOWN OF MAMAKATING ZONING CODE BE IT ENACTED by the Town Board of the Town of Mamakating, Sullivan County, New York, as follows: Section 1. Chapter 199 of the Code of the Town of Mamakating entitled “Zoning Code Amendments” is hereby amended in its entirety to read as follows: Chapter 199 Zoning Article I General Provisions § 199-1 Short title. This chapter shall be known and may be cited as the "Town of Mamakating Zoning Local Law." § 199-2 Purpose. There is hereby established a comprehensive zoning local law for the Town of Mamakating, which plan is set forth in the text, map and schedule that constitute this chapter. Said zoning local law is adopted for the purposes set forth in Article 16 of the Town Law, which, in the interest of the protection and promotion of the public health, safety, convenience, comfort and general welfare, shall be deemed to specifically include the following, among others: A. The facilitation of the efficient and adequate provision of public facilities and services. B. The assurance of adequate and necessary sites for residence, commerce, recreation, open space and public and quasi-public uses. C. The provision of privacy for residents. D. The prevention and reduction of traffic congestion so as to promote efficient and safe circulation of vehicles and pedestrians. E. The maximum protection of residential areas from the intrusion of incompatible uses. F. The maximum protection and enhancement of the mixed-use, village-scale character of the hamlets and villages in the town. G. The encouragement of aesthetically attractive, environmentally responsible nonresidential and economic development activities especially in the area of eco- and agri-tourism that expand the local employment base and stabilize the town's ratable base. H. The provision of adequate light and air. I. The protection of historic buildings, sites and their environs. J. The gradual elimination of nonconforming uses. 1 K. The enhancement of the appearance of the Town of Mamakating as a whole, and the protection of the rural character of the community. L. The protection and enhancement of the open, scenic character of U.S. Route 209 and Route 17 and the deterrence of strip development along the community's major local, county and state transportation corridors. M. The maximum practical preservation of natural and other significant environmental features, including Shawangunk Ridge, the Bashakill Preserve, water bodies, wetlands, steep slopes, hilltops, ridgelines, major stands of trees and other areas of geologic, ecological or scenic value. N. The encouragement of flexibility in the design and development of land in such a way as to promote the most appropriate use of lands, to facilitate the adequate and economic provision of streets and utilities, to preserve the natural and scenic qualities of open lands and to protect the environmental quality of the town. O. To continue to provide diverse housing opportunities for the Town’s workforce, young families and seniors in a sustainable manner. § 199-3 Enumeration of districts. The Town of Mamakating is hereby divided into the following districts: Residential Districts RVP Ridge and Valley Protection Area MG Mountain Greenbelt RA Residential Agricultural BR Burlingham Residential NR Neighborhood Residential LN Lake Neighborhood Residential Mixed Use Districts HC Hamlet Center VA Village Adjacent Area PRO Planned Resort-Office Development Nonresidential Districts AD Airport Development IC Interchange Commercial IEZ Interchange Economic Zone Overlay 208209EZ Route 208209 Economic Zone Overlay § 199-4 Zoning Map. The location and boundaries of said districts are hereby established as shown on the Zoning Map of the Town of Mamakating, as revised, which is attached hereto and is hereby made a part of this chapter. Said map or maps and all notations, references and designations shown thereon shall be a part of this chapter as if the same were all fully described and set forth herein. § 199-5 Interpretation of boundaries. A. The zoning district boundary lines are intended generally to follow the center lines of rights-of-way, existing lot lines, the mean water level of rivers, streams and other waterways or Town boundary lines, or to follow a straight line connection of corners or endpoints of the above features or to follow 2 along a parallel path from such features at a set distance, all as shown on the official Zoning Map. Where a district boundary line does not clearly follow such features, its position shall be determined by the Building Inspector upon measurement of the official Zoning Map. B. In cases of uncertainty as to the true location of a district boundary line in a particular instance, the Building Inspector shall request the Zoning Board of Appeals to render its determination with respect thereto. C. In all cases where a district boundary divides a lot in one ownership, the lot is five acres or less and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed in this chapter for the less restricted district may apply to such portion of the more restricted portion of said lot upon the discretion of the property owner. For purposes of this subsection, the "more restricted district" shall be the district which is subject to regulations which prohibit the use intended to be made of the lot or which regulations are more restrictive with respect to lot area, development coverage, landscaping requirements, etc. For lots that are more than five acres in size, each portion of the lot shall conform to the applicable district in which it is located. A district boundary shall not be construed to subdivide a property. § 199-6 Word usage and definitions. A. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used"; and the word "shall" is mandatory and not optional. Words not specifically defined shall have their ordinary dictionary meanings. B. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter: ACCESSORY APARTMENT (MOTHER/DAUGHTER RESIDENCE) A self-contained dwelling unit incorporated within an existing structure originally designed and intended for use by a single family. For purposes of this chapter, an accessory apartment shall be permitted only in a zoning district that permits a two-family dwelling and shall meet all the standards for a two-family dwelling unit contained herein. ACCESSORY USE OR STRUCTURE A use or structure subordinate to the principal use on the same lot and serving a purpose customarily incidental to the principal use of the lot. ADULT/SENIOR HOUSING Non-transient Hhousing intended to be occupied by at least one for individuals generally 55 years and older, and generally no individual under the age of 18, which may include various levels of care, and may consist of a single or combination of uses such as independent adult housing, adult care facilities, enriched housing, assisted living, or nursing homes, including ancillary health, social and administrative services. AGRIBUSINESS A commercial, non-animal, agricultural operation with intensive operational characteristics, including but not limited to high water consumption or energy use; employment generating demand for on-site parking; or processes requiring extensive building coverage. Agribusiness may include uses requiring facilities for indoor growing, cooking, dehydrating, refining, packing, warehousing or other treatment of agricultural products. Said definition specifically excludes slaughterhouses, rendering plants or other agricultural operations involving animals. Site plan approval shall be 3 required where the Building Inspector finds that the operational characteristics of an agricultural operation are consistent with the characteristics identified herein. AGRICULTURE, HIGH-TECH Commercial non-livestock agricultural farm operations and specialty horticultural operations involving significant use of mechanical or robotic equipment in the production of product and often conducted within greenhouses or other structures. Also included is the processing and/or packaging of dairy and non-livestock “farm and food products,” as defined in subdivision two of section two hundred eighty-two of the agriculture and markets law (defining “farm and food products”). High- tech agriculture specifically includes hydroponics, large-scale greenhouses, indoor growing facilities, and dairies. High-tech agriculture specifically excludes slaughterhouses and animal processing and rendering facilities. AGRICULTURAL FARM OPERATION – NON-LIVESTOCK The land and on-farm buildings, equipment, processing and handling facilities, and practices which contribute to a non-livestock commercial enterprise involving the cultivation and sale of field crops, fruits, vegetables, horticultural specialties, maple sap, Christmas trees or woody biomass,.. AGRICULTURAL FARM OPERATIONS – LIVESTOCK The land and on-farm buildings, equipment, processing and handling facilities, and practices which contribute to a commercial enterprise involving the raising and sale of livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, apiary products or aquacultural products, or other animals
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