§ 602 SCHEDULE OF DISTRICT REGULATIONS

(A) The following uses are permitted only in the zoning district marked with a "Y". Uses permitted in the zoning district as a special use under the provisions of uses requiring a variance or special use permit or Article 9 are marked with an "S". Where the letter "N" appears, the use is prohibited.

(B) Any use which is not specifically included in the use provisions herein is prohibited everywhere in the Town of Middletown, unless the Zoning Officer makes an interpretation that such use is included in any of the sub-classifications set forth herein. Uses not specified in this chapter may be permitted only if the Zoning Officer makes an interpretation that they are included in a use sub-classification permitted in the zoning district and if such use would be consistent with the purposes and intent of this chapter.

ZONING DISTRICT PERMITTED USES

Y = Permitted S = Special Use N = Not Permitted

PRINCIPAL USE

ZONING DISTRICT

R6 0

R4 0

R3 0

R2 0

R1 0

R M

G B

L B

O B

LI 1

LI 2

O P

O S

P

M T

AB D

NOTES:

AGRICULTURAL

Field crop farms or horticultural nurseries, including wholesale sales on the same lot

Y

N

Y

N

Y

N

Livestock farms, excluding raising swine

Y

N

Y

N

Offices of veterinarians and animal hospitals

N

Y

N

Offices of veterinarians and animal hospitals, including the boarding of dogs, cats and other fur bearing animals. Indoor facility

N

Y

N

Licensed kennels for the raising, boarding and care of dogs, cats or other fur-bearing animals

N

S

N

S

N

Wind turbine for generation of electricity, limited to location on properties for which the principal use is field crop farms, horticultural nurseries or livestock farms3

S

N

S

N

S

N

RESIDENTIAL - Conventional Development

Single-family dwellings

Y

N

Y

Two-family dwellings

N

S

Y

N

Multifamily dwelling structure (3 - 6 dwelling units per lot)

See §§ 1500 - 1508

N

S

N

S

N

Multifamily dwelling project, including condominiums

See §§ 1500 - 1508

N

S

N

Mobile home parks

See §§ 2300 - 2314

N

Y

N

Transient trailer parks

N

Y

N

Motel or hotel

N

S

N

S

N

S

Rooming houses

Y

N

Y

N

Single mobile home or transient trailer on a lot

N

Y

N

Institutional dormitory as a principal or accessory use

N

S

N

Cluster development

N

Y

N

Family day care home

S

Community residence

Y

N

Y

N

Y

Senior independent living facilities

S

N

Time share unit within a multifamily dwelling structure or project, except with a cluster development

N

Time share unit within a motel or hotel

N

Y

N

Y

N

Mixed residential and commercial uses in a single building

See § 719

N

Y

N

Y

Mixed Use Development Projects

See §§ 27A00 - 27A07

N

Y

N

Y

Adaptive reuse See § 728

Y

Congregate housing

S

N

RESIDENTIAL - Conservation Development

Single-family

Y

N

Two-family

Y

N

S

N

Multifamily project, including only townhouse style condominiums

N

Y

N

S

N

EXTRACTIVE AND INDUSTRIAL NON-MANUFACTURING

Earth removal, quarries, sand and gravel lots

N

S

N

Construction general contractors, including storage of materials and equipment, but excluding outdoor storage of bulk materials

N

Y

N

Y

N

Storage of bottled gas, oil or other liquid petroleum products

N

S

N

S

N

Cleaning and dyeing plant

N

S

N

Y

N

Parking or outdoor storage of more than one commercial vehicle over 1½-ton capacity

N

Y

N

Y

N

Miscellaneous special trade contractors, with outdoor storage, but excluding outdoor storage of bulk materials

N

Y

N

Y

N

Miscellaneous special trade contractors with outdoor storage, including outdoor storage of bulk materials

N

Y

N

Other extractive and industrial non- manufacturing not elsewhere classified

N

S

N

S

N

Salvage yard operation

N

S

N

Construction general contractors, including storage of materials and equipment, including outdoor storage of bulk materials

N

Y

N

MANUFACTURING

Handicraft/custom manufacturing or small-scale craft or artisan-oriented production of goods

N

Y

N

S

Food and related products including meat products, dairy products or bakeries; canning, preserving and miscellaneous food processing; no retail sales

N

Y

N

Y

S

N

Brewery/distillery, with retail sales and/or tasting room required

N

Y

S

N

Y

S

N

S

Apparel and other finished products made from fabrics and similar materials

N

Y

N

Lumber and wood products including furniture and fixtures

N

S

N

S

Y

N

Plastics molding, extrusion and/or assembly of plastic parts

N

Y

N

Y

S

N

Printing, publishing and allied industries

N

Y

N

Y

N

Rubber, leather, stone, clay or glass products

N

S

N

S

N

Concrete plant

N

Fabricated metals products, including heavy machinery, transportation equipment, engines etc.

N

S

N

Fabricated metals products, excluding heavy machinery, transportation equipment, engines etc.

N

S

N

Boat building and repairing, including storage

N

S

N

Y

S

N

Engineering, computers, scientific and research instruments, small motors and associated equipment

N

Y

N

Gravel processing, with or without outdoor storage of bulk materials

N

S

N

TRANSPORTATION, COMMUNICATION AND UTILITIES

Large solar energy systems

N

S

N

S

N

Small solar energy systems*

S

N

S

Highway and transportation services, including terminals, storage yards, etc.

N

Y

S

N

Airports and heliports

N

S

N

S

N

Commercial dock or pier

N

S

N

Warehousing, self-storage, public and private

N

Y

S

N

Y

S

N

Commercial off-street parking

N

S

N

S

N

S

N

S

Electric power substation

S

N

S

N

High voltage electric transmission towers

S

N

S

N

Telephone exchange

N

Y

N

Sewage treatment plant

N

S

N

Solid waste transfer station

N

S

N

Wind turbine for generation of electricity

S

N

WIRELESS COMMUNICATIONS FACILITIES

Building-mounted facilities

N

S

N

S

N

Communication tower

N

S

N

S

N

S

N

Disguised facilities

S

N

Pole-mounted antennas

S

N

WHOLESALE COMMERCIAL

Wholesale distribution establishments (no retail sales)

N

Y

S

Y

N

Wholesale distribution establishments (no retail sales), with outdoor storage of bulk materials

N

Y

S

N

RETAIL COMMERCIAL

Lumber, building materials, heavy equipment

N

Y

N

Y

N

Lumber, building materials, heavy equipment, plumbing, electrical supply and service, with outdoor storage of bulk materials

N

Y

N

General merchandise retailing activities, including department stores (storage areas not to exceed 30% of gross floor area) under 20,000 sq. ft.

N

Y

N

Y

General merchandise retailing activities, including department stores (storage areas not to exceed 30% of gross floor area) over 20,000 sq. ft.

N

Y

N

Small-scale shopping center

N

S

N

S

Large-scale shopping center

N

S

N

Auto dealers, trailers (new and used), tire, battery, access, dealers

N

Y

N

Gasoline service station (minor repairs only)

N

S

N

Gasoline station with convenience store

N

S

N

S

Boat sales, including trailers

N

Y

N

Supermarkets

N

Y

N

Convenience stores, delicatessens, fish markets, fruit and vegetable markets, bakeries, dairy products stores

N

Y

N

Y

Commercial greenhouse

N

Y

N

Lunchroom or restaurant (no alcoholic beverages)

N

Y

S

Y

N

Y

Lunchroom or restaurant (alcoholic beverages)

N

Y

S

N

S

Tavern, café, club bar or cocktail lounge (alcoholic beverages)

N

S

N

Packaged liquor store

N

Y

N

Y

Retail outlet for wholesale, storage or manufacturing use (provided that floor area devoted to such retail selling shall not exceed 1,000 sq. ft.)

N

Y

N

Y

N

Compassion center (medical cannabis)

N

S

N

S

N

Cannabis retailer (medical or recreational)

N

S

N

S

N

Cannabis product manufacturer (medical or recreational)

N

S

N

Cannabis cultivation center (medical or recreational)

N

S

N

Nonresidential cooperative cultivation (medical cannabis)

N

S

N

Residential cooperative cultivation (medical cannabis)

S

N

S

N

Patient cultivation (medical cannabis)

Y

N

Y

Caregiver cultivation (medical cannabis)

Y

N

Y

Cannabis laboratory (medical or recreational cannabis)

N

S

N

PERSONAL SERVICES

Laundry or dry cleaners, pick up only (no plant)

N

Y

N

Y

N

Y

Laundry or dry cleaners with plant

N

Y

N

Y

S

N

Self service laundromat

N

Y

N

Y

N

Y

Beauty or barber shop

N

Y

N

Y

Mortuary or funeral home without cremation services

N

Y

N

Crematorium

N

S

N

Therapeutic massage and physical therapy services

N

Y

N

Miscellaneous personal services not otherwise classified

N

S

N

S

BUSINESS SERVICES

Automotive repair, service and garages, vehicle body shop and welding

N

S

N

Y

S

N

Catering and food packaging

N

Y

N

Miscellaneous repair shops and related services (non-vehicle) without outdoor storage

N

Y

N

Y

N

Y

Miscellaneous repair shops and related services (non-vehicle) with outdoor storage

N

S

N

S

N

Vehicle washing establishment (mechanical car wash or self-wash)

N

Y

S

N

Y

N

Auto detailing (without mechanical car wash or self-wash)

N

Y

S

N

Y

S

N

S

Vehicle or equipment rentals

N

Y

S

N

Y

S

N

S

Duplicating, printing or photocopying services

N

Y

N

Y

Miscellaneous business services not otherwise classified

N

S

N

S

N

S

PROFESSIONAL SERVICES

General professional offices

N

Y

N

Y

N

Y

Bank or financial institution without drive-up window/ATM

N

Y

N

Y

N

Y

Bank or financial institution with drive-up window/ATM

N

Y

N

Y

N

S

Research or development offices

N

Y

N

S

Office - customary home occupation (for use by a resident of the premises up to one employee or associate)

Y

N

Y

N

Y

Temporary real estate sales office located on the premises being sold

Y

N

Y

N

Sales and service offices for fuel oil and bottled gas dealers including parts and repairs but excluding storage and distribution of the product on the premises

N

Y

N

Y

S

N

Miscellaneous professional services not otherwise classified

N

S

N

S

INDOOR COMMERCIAL AMUSEMENT SERVICES

Motion picture theaters

N

S

N

S

Video and amusement arcades

N

S

N

S

Bowling alleys

N

Y

N

Billiard and pool parlors

N

Y

S

N

S

Exercise center, court games

N

Y

N

Y

N

Exercise center, without court games

N

Y

N

Y

N

Y

Skating rinks

N

S

N

Indoor roller blade and skateboarding facility

N

S

N

GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL ON PRIVATELY OWNED LAND

Church or other place of worship

Y

S

N

S

Library or museum

S

Y

N

S

Y

N

Y

Private college or university, preparatory school, elementary or secondary school, including dormitories and other accessory buildings

Y

N

S

N

S

N

Y

N

Professional or musical schools

N

Y

N

Y

N

S

Day nursery school, kindergarten or other agency giving day care

S

Y

N

S

N

S

Trade school, private vocational school teaching industrial skills using heavy machinery or industrial processes

N

S

N

Y

S

N

Cemeteries

N

Y

N

Clubs, lodges, social and community centers (non-profit only)

N

Y

N

S

Membership athletic clubs (non-profit only)

N

Y

S

N

S

Hospital/medical center or clinic

N

S

Y

S

N

S

Emergency counseling service or drop-in center

N

S

Y

S

N

S

Rest, retirement, convalescent or nursing homes

S

N

S

GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL ON PRIVATELY OWNED LAND (Cont'd)

Residential care and assisted living facility

S

N

S

COMMERCIAL OUTDOOR RECREATION

Amusement parks

N

S

N

Miniature golf, driving range, pitch and putt, etc.

N

S

N

S

Campgrounds

N

S

N

Riding academies and schools

N

S

N

Golf courses

N

Y

N

Drive-in theater

N

S

N

Tennis/other outdoor court games

N

S

N

S

N

S

Swimming pools, water slides, other water-based amusements

N

S

N

Boat liveries (small boat rentals)

N

Y

N

S

Stadia and fairgrounds

N

S

N

Conservation lands, bird sanctuaries, wildlife preserves

Y

Public and private parks

Y

Bathing beaches, public or non-profit ownership

N

Y

ACCESSORY USES

Accessory use customarily incidental to a use permitted in the district and located on the same lot as the principal use

Y

Accessory use customarily incidental to a use permitted as a special use exception in the district and located on the same lot as the principal use

S

Agricultural awareness programs

Y

N

Y

N

Y

N

Y

Farm-promotion accessory uses

S

N

S

N

S

N

S

Product stands for sale of fruit and vegetable produce raised on the premises, including nursery stock (maximum 150 sq. ft. permanent structure)

Y

N

Y

Product stands for sale of fruit and vegetable produce raised on the premises, nursery stock, plants and seedlings raised on/off the premises; farm supplies and associated products (permanent structure exceeding 150 sq. ft.)

S

N

S

N

S

N

S

Traditional farm-related accessory uses other than product stands

Y

N

Y

N

Y

N

Y

Home occupation

Y

N

S

Y

N

Y

S

1 Refer to § 725 and Article 23 of this chapter for use and design restrictions and performance standards applicable to uses in light industrial districts.

2 (Abutting Residential) Light industrial (adjacent to residential) is not a separate zoning district. It is a subset of light industry and is shown here for clarity only.

3 Refer to Article 25A of this chapter for use restrictions, design standards and application procedures for wind turbines.

(Ord. passed 10-30-06; Am. Ord. 07-16, passed 12-3-07; Am. Ord. 07-18, As Amended, passed 12-3-07; Am. Ord. 08-05, passed 5-19-08; Am. Ord. 08-06, passed 6-2-08; Am. Ord. 08-08, passed 8-4-08; Am. Ord. passed 1-20-09; Am. Ord. 2012-4, passed 5-21-12; Am. Ord. 2012-15, passed 9-17-12; Am. Ord. 2012-16, passed 9-17-12; Am. Ord. 2018-15, passed 9-4-18; Am. Ord. 2018-16, passed 9-4-18; Am. Ord. 2021-13, passed 9-20-21; Am. Ord. 2021-14, passed 10-4-21; Am. Ord. 2021-15, passed 10-18-21; Am. Ord. 2023-7, passed 12-2-23; Am. Ord. 2023-10, passed 12-18-23)