This is a chapter regulating and restricting
the use, occupancy, location, construction and alteration of buildings,
structures and land use in the Village of Ellenville and for said
purposes dividing the Village into zoning districts.
This chapter is created in accordance with and
as a means of effectuating the purpose of protecting and promoting
public health, safety, morals, comfort, convenience, economy, urban
aesthetics and general welfare. Specifically, this chapter is intended
to carry out the following goals:
A.
To promote the most desirable use of land for the
most appropriate and beneficial development.
B.
To promote and protect the character and stability
of established development.
C.
To enhance the value of land and conserve the value
of buildings.
D.
To enhance the physical environment of the Village
and promote urban aesthetics.
E.
To eliminate or improve any existing detrimental conditions
with regard to land or buildings or the use thereof.
F.
To improve transportation facilities and traffic circulation
and parking and loading facilities.
G.
To prevent excessively dense and inefficiently spaced
urban development.
H.
To provide adequate access of light and air to all
buildings.
I.
To assure privacy for residences and freedom from
nuisances and harmful and unsightly uses.
J.
To protect the community against unsightly, obtrusive
and noisome land uses and operations.
K.
To facilitate the proper administration and appropriate
and effective enforcement of this chapter.
L.
To separate and cluster uses to their mutual advantage.
The provisions of this chapter are intended
and shall be considered to be the minimum requirements for the protection
and promotion of the public health, safety, morals, convenience, comfort,
prosperity, urban aesthetics and other aspects of general welfare.
It is hereby declared to be the legislative intent that this chapter
shall always be applied so as to promote the purposes and lie within
the scope set forth above.
This chapter is not intended to abrogate, render
invalid or interfere with the application and administration of any
other lawful statute, ordinance, regulation, easement, private agreement,
covenant, deed restriction or other legal relationship, public or
private. Wherever any lawful statute, ordinance, regulation, easement,
private agreement, covenant, deed restriction or other legal relationship,
public or private, imposes controls which are inconsistent with any
provisions of this chapter, then those provisions which are the most
restrictive or impose higher standards shall take precedence.
The Board of Trustees of the Village of Ellenville
in Ulster County, New York, acting under the authority of the Village
Law of the State of New York, hereby adopts and enacts this chapter
as the Comprehensive Zoning Law of the Village of Ellenville.
This chapter shall be known and may be cited
and referred to as the "Ellenville Zoning Law."
A.
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense shall include the future. Words used in the singular
number shall include the plural, and words used in the plural number
include the singular, unless the context clearly indicates the contrary.
B.
The word "shall" is always mandatory. The word "may"
is permissive. "Building" or "structure" includes any part thereof.
A "building" includes all other structures of every description, except
fences and walls, regardless of dissimilarity to conventional building
forms. The word "lot" includes the word "plot" or "parcel." The word
"person" includes a corporation as well as an individual. The phrase
"used for" includes "arranged for," "designed for," "intended for,"
"maintained for" and "occupied for."
C.
ACCESSORY BUILDING
ACCESSORY USE
ALTERATION
ALTERATION, STRUCTURAL
AMUSEMENT ARCADE
APARTMENT HOUSE
ARTIST LOFT
(1)
(2)
(3)
(4)
ASSISTED LIVING
ATTIC
AUTOMOBILE LAUNDRY
AUTOMOBILE REPAIR
AUTOMOBILE SERVICE OR GASOLINE STATION
AUTOMOBILE WRECKING
BASEMENT
BILLBOARD
BOARDINGHOUSE
BUILDING
BUILDING, ACCESSORY
BUILDING AREA
BUILDING, COMPLETELY ENCLOSED
BUILDING, DETACHED
BUILDING LINE
BUILDING, PRINCIPAL
BUILDING, SEMIDETACHED
BULK
CAMP
CANNABIS ON-SITE CONSUMPTION FACILITY
CANNABIS RETAIL DISPENSARY
CELLAR
CLUSTER DEVELOPMENT
COMMERCIAL VEHICLE
CONDOMINIUM
COOPERATIVE
COURT, INNER OR INTERIOR
COURT, OUTER OR EXTERIOR
COVERAGE
DAY-CARE CENTER
DAY HABILITATION CENTER
DORMITORY
DWELLING
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
DWELLING UNIT AREA
FAMILY
FINISHED GRADE
FLOOR AREA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
FLOOR AREA, LIVABLE
GASOLINE SERVICE STATION
HEIGHT OF BUILDING
HOME OCCUPATION
HOTEL
JUNKYARD
KENNEL
LOT
LOT AREA
LOT AREA, MINIMUM
LOT, CORNER
LOT COVERAGE
LOT FRONTAGE
LOT OF RECORD
LOT, THROUGH
LOT WIDTH
MATERIALS AND SUPPLIES, RETAIL
MOBILE HOME (ALSO TRAILER)
MODULAR HOME
MOTEL
NONCONFORMING BULK
NONCONFORMING USE
NURSERY
NURSERY SCHOOL or PRESCHOOL
PREMISES
RECREATIONAL VEHICLE
RESIDENCES, RESIDENTIAL
RESORT
RESTAURANT, FAST-FOOD
RESTAURANT, STANDARD
ROOMING HOUSE
ROW HOUSE
SENIOR CITIZEN HOUSING
SETBACK
SHORT-TERM LODGING
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(a)
(b)
(12)
(13)
SIGN, DIRECTLY ILLUMINATED
SIGN, FLASHING
SIGN, INDIRECTLY ILLUMINATED
SITE PLAN
SKILLED NURSING HOME or CONVALESCENT HOME
SPECIAL PERMIT USE
STORY
STORY, HALF
STREET
STRUCTURE
SWIMMING POOL
TIMBER HARVESTING
TOURIST HOME
TOWNHOUSE
TRAILER
TRAILER CAMP or TRAILER PARK
TRAILER, PRIVATE UTILITY
USE
VARIANCE
(1)
(2)
YARD, FRONT
YARD, LINE
YARD, REAR
YARD, REQUIRED
YARD, SIDE
As used in this chapter, the following terms shall
have the meanings indicated:
A structure detached from the principal building on the same
lot and customarily incidental and subordinate to the principal building
or use.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
As applied to a building or structure, a change or rearrangement
in the nonstructural parts or in the exit facilities or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
A commercial enterprise containing four or more amusement
devices. "Amusement device" shall mean any table, board, machine,
device or apparatus fitted for use by the public, the operation of
which is permitted, controlled, allowed or made possible by the deposit
or insertion of any coin, plate, disc, slug or key into any slot,
crevice or opening or by the payment of any fee or fees and which
operates or which may be operated for use as a game, contest or amusement
or which may be used for any such game, contest or amusement, but
which table, board, machine, device or apparatus does not return or
vend any article or merchandise or any money, coin, check or token.
An amusement device does not include picture-taking and laminating
machines, merchandise vending machines, electronic weight or reading
machines or jukeboxes.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other and having
separate kitchen facilities.
A single residential unit, designed for use by a qualified
artist and occupied as a combination of living, studio, work, and
retail space, for not more than two persons living independently of
any other family. The criteria used to determine whether an individual
qualifies as an artist are:
[Added 7-10-2006 by L.L. No. 11-2006]
The individual is engaged in the fine arts,
not the commercial arts, including but not limited to painting, sculpture,
choreography, filmmaking, theatrical production and the composition
of music, regularly and on an ongoing basis;
The individual demonstrates a serious, consistent
commitment to his or her art form;
The individual is currently engaged in his or
her art form;
The individual demonstrates a need for a large
loft space in which to create his or her art.
An entity which provides housing, on-site monitoring and
personal care services to five or more adult residents unrelated to
the assisted living provider. Such assisted living facility must be
licensed in accordance with the provisions of Article 46-B of the
New York State Public Health Law and must provide daily food service,
twenty-four-hour on-site monitoring, case management services, and
the development of an individualized service plan for each resident.
An operator of assisted living shall provide each resident with considerate
and respectful care and promote the resident's dignity, autonomy,
independence and privacy in the least restrictive and most home-like
setting commensurate with the resident's preferences and physical
and mental status.
[Added 12-10-2012 by L.L. No. 6-2012]
That space of a building which is immediately below and wholly
or partly within the roof framing. An "attic" with a finished floor
shall be counted as 1/2 story in determining the permissible number
of stories.
Any building or premises or portion thereof, the use of which
is devoted to the business of washing or waxing automobiles for a
fee, whether by automated cleaning devices or otherwise.
General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers, such as collision service, body repair
and frame straightening; painting and upholstering; vehicle steam
cleaning; and under-coating.
Any building, land area or other premises used or intended
to be used for the retail dispensing or sales of automobile fuels,
which activity may be accompanied by an accessory use, such as sales
of lubricants, tires, accessories or supplies, minor repairing of
automobiles or a single-bay auto wash; provided, however, that automobile
wrecking, major repairing of automobiles, parking or storing of automobiles
for hire and the operation of more than one towing vehicle shall not
be deemed permissible accessory uses of an "automobile service station."
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A story partly below finished grade but having at least 1/2
of its height, measured from floor to ceiling, above average finished
grade. A "basement" shall be counted as one story in determining the
permissible number of stories.
A sign or a structure which directs attention to an idea,
product, business activity, service or entertainment which is conducted,
sold or offered elsewhere than upon the lot on which such sign is
situated.
A private dwelling in which at least three but not more than
six rooms are offered for rent and table board is furnished only to
roomers and in which no transients are accommodated. A rooming house
or a furnished room house shall be deemed a "boardinghouse."
Any structure which is permanently affixed to the land, has
one or more floors and a roof and is intended for the shelter, housing
or enclosure of persons, animals or chattel.
See "accessory building."
The total square footage of interior floor areas measured
on a horizontal plane at the main grade level of the principal building
and all accessory buildings exclusive of uncovered porches, terraces
and steps.
A building separated on all sides from adjacent open space
or other buildings by fixed interior walls or party walls, pierced
only by windows and doors and covered by a permanent roof.
A building entirely surrounded by open space on the same
lot.
A line parallel to the street line and set back therefrom
a distance equal to the required front yard in the zoning district
in which a lot is located.
A building in which the primary use of the lot on which it
is located is conducted.
[Added 5-10-2021 by L.L. No. 3-2021]
A building attached by a party wall to another building,
normally of the same type on another lot, but having one side yard.
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building and all open spaces
required in connection with a building, other structure or tract of
land.
Any parcel of land on which are located two or more cabins,
tents, shelters or other accommodations of a design or character suitable
for seasonal or other temporary living purposes, including a summer
colony, resort and day camp, but not including a trailer park, boarding-
or rooming house, tourist home, hotel or motel.
A site at which any cannabis product is used or consumed
and for which a license is required under the provisions of the New
York State Marijuana Regulation and Taxation Act.
[Added 8-8-2022 by L.L. No. 5-2022]
A retail facility that sells any cannabis product for which
a license is required under the provisions of the New York State Marijuana
Regulation and Taxation Act.
[Added 8-8-2022 by L.L. No. 5-2022]
A story wholly or partly below finished grade and having
more than 1/2 of the height, measured from floor to ceiling, below
the average finished grade. A "cellar" shall not be counted in determining
the permissible number of stories.
Residential development of land on which the permitted dwelling
units are concentrated on portions of the property, with the remainder
set aside as permanent open space.
A vehicle of more than one ton capacity used for the transportation
of persons or goods primarily for gain, or a vehicle of any capacity
carrying a permanently affixed sign or lettering of a commercial nature
exceeding two square feet in area.
A building or group of buildings in which residential, commercial
or industrial units are owned individually while the structure, common
areas and facilities are owned jointly by all the owners on a proportional
individual basis.
A residential, commercial or industrial establishment which
is owned and operated by a mutual company which also owns and operates
all common areas and facilities and which company is operated for
the benefit of persons or families who are entitled to the use and
occupancy of the individual units by reason of ownership of stock
therein.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway or yard.
The lot area or percentage of lot area covered by all principal
and accessory buildings and structures.
A facility designed or used for the care, supervision and
protection of three or more children (not including children of the
operator) for less than 15 hours per day.
[Added 7-2-2001 by L.L. No. 2-2001]
A facility designed or used for the care or supervision or
rehabilitation of adults with physical or mental disabilities for
less than 15 hours per day.
[Added 7-2-2001 by L.L. No. 2-2001]
A building used as group living quarters for a student body,
religious order or other group as an accessory use to a college, university,
boarding school, orphanage, convent, monastery or other similar use.
Dormitories do not include kitchen facilities, except a group kitchen
facility to serve all residents.
[Added 12-6-1999 by L.L. No. 5-1999]
A building designed or used principally as the living quarters
for one or more families. (See "residences.")
An apartment house containing three or more dwelling units.
A building containing only one dwelling unit.
A building containing two dwelling units.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family (including any
domestic servants employed on the premises) and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other "dwelling
unit." A boardinghouse, convalescent home, dormitory, fraternity or
sorority house, hotel, inn, lodging or rooming house, nursing or other
similar home or other similar structure shall not be deemed to constitute
a "dwelling unit."
Area enclosed within the outside walls of the dwelling unit,
with a structural ceiling height of at least seven feet six inches,
excluding porches, garages, terraces, steps, public hallways and similar
public spaces, cellars and basement rooms used for storage, utility
installations and other similar purposes.
One or more persons who live together in a single dwelling
unit and maintain a common household. More than five persons not related
by blood, marriage or adoption shall not be deemed to constitute a
"family."
Elevation at which the finished surface of the surrounding
lot intersects the walls or supports of a building or other structure.
If the line of intersection is not reasonably horizontal, the "finished
grade" in computing height of buildings and other structures, or for
another purpose, shall be the average elevation of all finished grade
elevations around the periphery of the building.
The aggregate sum of the gross horizontal areas of the several
floors of the building or buildings, measured from the exterior faces
of exterior walls or from the center lines of walls separating two
buildings.
In particular, the "floor area" of a building
or buildings, shall include:
Basement spaces.
Elevator shafts and stairwells at each floor.
Floor space used for mechanical equipment, with
structural headroom of seven feet six inches or more.
Attic spaces (whether or not a floor has actually
been laid) providing structural headroom of seven feet six inches
or more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space used for
accessory off-street parking.
However, the "floor area" of a building shall
not include:
Cellar spaces, except that cellar spaces used
for retailing shall be included for the purpose of calculating requirements
for accessory, off-street parking spaces and accessory off-street
loading berths.
Accessory water tanks and cooling towers.
Uncovered steps; exterior fire escapes.
Terraces, breezeways, open porches and outside
balconies.
Accessory off-street parking spaces.
Accessory off-street loading berths.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms and
basements having a window area of less than 20% of the square foot
area of the room. Usable floor area shall be deemed to include all
spaces not otherwise excluded above such as: principal rooms, utility
rooms, bathrooms, all closets and hallways opening directly into any
rooms within the dwelling unit and all attic space having a clear
height of at least five feet from finished floor level to pitch of
room rafter with a clear height of seven feet six inches from finished
floor level to ceiling level over 50% of the area of such attic space.
See "automobile service station."
The vertical distance measured from the average finished
grade along the wall of the building (or adjacent to the side of a
structure) to the highest point of such building or structure.
An activity carried out for gain by a resident in his or
her dwelling which is clearly incidental and secondary to the primary
use of the dwelling for residential purposes.
A building or any part thereof which contains living and
sleeping accommodations for transient occupancy, has a common exterior
entrance or entrances and may contain one or more common dining rooms,
drinking places and entertainment facilities.
An area of land, with or without buildings, used for or occupied
by the storage, keeping or abandonment of junk, including scrap metals
or other scraps, used or salvaged building materials or the dismantling,
demolition or abandonment of automobiles or other vehicles or machinery
or parts thereof. The deposit on a lot of two or more wrecked or broken-down
vehicles or the major parts thereof for three months or more shall
be deemed to make the lot a "junkyard."
Any premises in which any number of dogs or cats are groomed,
bred, boarded, trained or sold and for which a fee is charged or paid.
[Amended 4-10-2000 by L.L. No. 1-2000]
A defined portion or parcel of land considered as a unit,
devoted to a specific use or occupied by a building or a group of
buildings that are united by a common interest, use or ownership,
and the customary accessories and open spaces belonging to the same.
The total horizontal area included within the lot lines.
That portion of the total lot area which excludes land under
water, land in a designated floodway (as defined in § 227-91)
and land occupied by a public utility easement which precludes use
of such land.
[Added 4-15-1996 by L.L. No. 3-1996]
A lot situated at the junction of and adjacent to two or
more intersecting streets when the interior angle of intersection
does not exceed 135°.
The lines bounding a lot as defined herein.
A lot line which is coincident with a street line.
A lot which is part of a subdivision recorded in the office
of the County Clerk, or a lot or parcel described by metes and bounds
which has been so recorded prior to the effective date of this chapter
or any amendment thereof that would affect such lot.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
The width of a lot measured along the rear line of the required
front yard.
Businesses primarily engaged in selling lumber and other
materials, nursery stock and lawn and garden supplies, including associated
storage, whether open or enclosed.
[Added 3-21-1994 by L.L. No. 5-1994]
A portable, factory-made dwelling unit, built on its own
chassis, designed to be transported on its own wheels or those of
another vehicle, normally equipped with factory installed appliances
and furniture and intended, when connected to all required utility
systems, to be suitable for year-round occupancy. The term "mobile
home" shall not be construed to include a modular home or a recreational
vehicle.
A dwelling unit consisting of two or more major segments
constructed off-site, which complies with the New York State Uniform
Fire Prevention and Building Code, and designed to be transported
to a site for permanent assembly and anchoring to a permanent foundation
and to become a fixed part of the real estate.
A building or group of buildings containing individual living
and sleeping accommodations primarily consisting of one bedroom and
bath unit, each of which is provided with a separate exterior entrance
and a parking space and is offered principally for rental and use
by motor vehicle travelers. The term "motel" includes but is not limited
to every type of similar establishment known variously as an autel,
auto court, motor hotel, motor court, motor inn, motor lodge, tourist
court, tourist cabin or roadside hotel.
That part of a building, other structure or tract of land
which does not conform to one or more of the applicable bulk regulations
of this chapter, either following its effective date or as a result
of subsequent amendments thereto.
Any use of a building, other structure or tract of land otherwise
lawfully established but which does not conform to the use regulations
for the district in which such use is located, either at the effective
date of this chapter or as a result of subsequent amendments thereto.
An establishment where woody or herbaceous plants are grown
for sale, including a structure for the sale of such merchandise.
A place providing or designed to provide daytime care or
instruction by an individual, association, corporation, institution
or agency, whether or not for compensation or reward, for seven or
more children from the age of two to five years inclusive, away from
their homes for more than 2 1/2 but less than 10 hours per day.
A lot together with all the buildings and uses thereon.
A vehicular-type portable structure without permanent foundation,
which can be towed, hauled or driven and is primarily designed as
a temporary living accommodation for recreational camping and travel
use and including but not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes.
A building or any part of a building which contains living
and sleeping accommodations for permanent occupancy. "Residence" therefore
includes all one-family and two-family houses, row houses, apartment
houses, boarding-, rooming, fraternity and sorority houses. However,
"residences" shall not include the following:
A hotel which includes on its grounds a variety of outdoor
recreational facilities, such as golf, tennis, swimming, etc., for
the primary or exclusive use of its transient guests.
An establishment where food and/or beverages are sold in
a form ready for consumption and where, by design or packaging techniques,
all or a significant portion of the consumption can or does take place
outside the confines of the building, often in a motor vehicle on
the site.
An establishment where food and beverages are prepared, served
and intended to be consumed within the principal building and where
such food and beverages are not primarily packaged for removal by
the customer.
See "Boardinghouse."
A building consisting of a series of one-family attached
residential dwelling units having common party walls between each
dwelling unit.
A building or group of buildings, whether detached or connected,
containing dwellings that are designed and operated for occupancy
by persons who are elderly or disabled as defined under applicable
state or federal programs designed for such persons. Such housing
may include common areas in multifamily dwellings owned and managed
by a single management entity, together with normal and customary
ancillary facilities or services for use by older persons.
[Added 12-6-1999 by L.L. No. 4-1999]
The distance in feet from the street line to the principal
building on a lot.
The provision of a room, dwelling unit or other space that
is suitable and intended for transient occupancy for fewer than 15
consecutive nights, in exchange for a fee or charge for such use.
Such use shall be considered as an accessory to the primary use of
the property. However, such use does not include accessory apartment,
tourist home, hotel, motel or bed-and-breakfast.
[Added 6-22-2020 by L.L. No. 2-2020]
Any letter, word, model, banner, flag, pennant, insignia,
device or representation designed or used as or which is in the nature
of an announcement, direction or advertisement. The word "sign" does
not include the flag, pennant or insignia of any nation, state, city
or other political entity or signs devoted to prohibiting trespassing.
The following words and phrases shall have the meanings respectively
ascribed to them herein, particularly as they relate to sign regulations:
ACCESSORY SIGNAny sign related to a business or profession conducted or to a commodity or service sold or offered upon the premises where such sign is located.
AWNINGA roof-like covering of canvas, fiberglass or other material attached to a metal or other frame and supported entirely by a building or other structure.
FREESTANDING SIGNThose signs which are affixed to the ground and not attached to a building.
FRONT FACEThe outer surface of a building which is visible from any public street or walkway. A building may have more than one front face.
ICONIC SIGNA sign which is a traditionally accepted pictorial symbol conveying the nature of the business, normally constructed in heavy relief or is three-dimensional.
INTERIOR SIGNAny sign, except address numbers that are affixed to or painted on the interior of a window or door or located within three feet of the inside face of the window or a door, which sign is designed to be visible from the exterior of the window or door.
MOBILE SIGNA sign not permanently affixed to a structure or to the ground and designed or intended to be moved from one location to another. (See also "temporary sign.")
MARQUEE, CANOPY OR BALCONY SIGNA sign which is part of, attached to or hung from a marquee, canopy or other covered structure projecting from and supported or partially supported by a building.
PROJECTING SIGNA sign which is affixed to an exterior wall of the structure extending perpendicular or at an plane (upon which the typography is displayed) perpendicular to angle of more than 30° from the wall and with the sign surface or at an angle of more than 30° to the wall plane.
ROOF SIGNA sign which is erected, constructed or maintained on, partly above or as part of the roof of any building.
SIGN AREAThe area of a sign shall be measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall or a fascia panel integrated into the building design, the
total area of such sign shall be deemed the area of the smallest triangle,
rectangle or circle within which all of the matter of which such sign
consists may be inscribed.
TEMPORARY SIGNA sign which is designed to advertise or announce a particular event or series of events, to solicit political support or to announce the availability for sale of a particular item or items which will be available for a limited period.
WALL SIGNA sign which is affixed to or painted on an exterior wall of a structure and the surface on which the typography is displayed is in the same plane as the wall plane.
A sign which incorporates any artificial lighting as an inherent
part or feature or which depends for its illumination on transparent
or translucent material or electricity or radio-activated material
or substance.
An illuminated sign on which the artificial lighting is not
maintained stationary or constant in intensity and color at all times
while in use.
A sign illuminated with an artificial light which is separated
from or is not an intrinsic part of the sign itself.
A plan that indicates the proposed development and uses of
land or structures.
A facility operated for the purpose of providing lodging,
board and nursing care to sick, invalid, infirm, disabled or convalescent
persons for remuneration.
A use of property that is basically appropriate to a given
zoning district, but which may be incompatible in some locations within
the district and therefore is not permitted by right everywhere within
such district. A "special permit use," therefore, is one which is
allowable only when specified facts and conditions are found to exist.
That part of any building, exclusive of cellars, but inclusive
of basements, contained between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building contained between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing, where the clear
height of less than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
An existing public way which affords principal means of access
to abutting properties and is suitably improved, or a proposed way
shown on a plat approved by all appropriate official agencies.
A static construction of building materials, including buildings,
stadiums, platforms, towers, sheds, storage bins and the like.
An outdoor water pool which is intended to be used for swimming
or bathing. An outdoor water pool shall, for the purposes of this
chapter, be construed to mean any swimming pool, tank, depression
or excavation in any material, dike or berm constructed, erected,
excavated or maintained, which will cause the retention of water to
a greater depth than 18 inches or having a plane surface area of water
greater than 100 square feet, and includes in-ground as well as aboveground
swimming pools.
The cutting, skidding, on-site processing and loading of
trees or logs onto trucks or equipment for transport off site.
[Added 8-13-2012 by L.L. No. 5-2012]
A building containing individual living and sleeping accommodations,
each of which is accessible through interior hallways and is offered
for rental use by transient guests.
See "row house."
[Added 1-23-2006 by L.L. No. 1-2006]
See "mobile home."
A tract of land which is used or intended to be used for
the parking of two or more house trailers (mobile homes).
A vehicle not capable of self propulsion, designed or used
primarily for the transportation of materials, equipment or personal
effects, not exceeding one ton in capacity.
Refers to:
Authorization by the Board of Appeals to depart from the
terms of this chapter in direct regard to conditions peculiar to an
individual lot in accordance with the procedures set forth thereto
in this chapter.
[Added 12-10-2012 by L.L. No. 6-2012]
AREA VARIANCEThe authorization by the Board for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable regulations of this chapter.
USE VARIANCEThe authorization by the Board for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable regulations of this chapter.
An open, unoccupied space extending across the full width
of the lot, between the front lot line and a line drawn parallel thereto.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the respective yard dimension required by this
chapter.
An open, unoccupied space extending across the full width
of the lot between the rear lot line and a line drawn parallel thereto.
That portion of the open area of a lot extending open and
unobstructed from the ground upward, along a lot line for a depth
or width as specified by the bulk regulation of the district in which
the lot is located. No part of such yard shall be included as part
of a yard or other open space similarly required for buildings on
another lot.
An open, unoccupied space between the building and the side
line of the lot and extending from the front yard to the rear yard.
Any lot line not a rear line or a street line shall be deemed a side
line.
[Amended 9-12-2005 by L.L. No. 11-2005]
A.
In order
to fulfill the purpose of this chapter, the Village of Ellenville
establishes and is hereby divided into the following zoning districts:
|
R-A
|
Agriculture-Residence District
|
|
R-1
|
Residence District
|
|
R-1A
|
Residence District
|
|
R-2
|
Residence District
|
|
R-3
|
Residence District
|
|
R/O
|
Residence Office District
|
|
B-1
|
Central Business District
|
|
B-2
|
General Business District
|
|
B-3
|
Highway Business District
|
|
I-1
|
Restricted Industry District
|
|
I-2
|
General Industry District
|
B.
Overlay
districts: In addition to those districts enumerated above, districts
may be established that are superimposed over all or part of the underlying
district, or several adjacent districts. Such "overlay districts"
can be used to modify or supersede the provisions of the underlying
district(s) based on particular physical characteristics of the district
or specific land use objectives.
[Added 8-8-2022 by L.L. No. 5-2022]
C.
The CRD Overlay District listed below is hereby established as per the above provision. The standards and procedures applicable in such districts are set forth in § 227-24 below.
[Added 8-8-2022 by L.L. No. 5-2022]
(1)
CRD
- Cannabis Retail Overlay District: This district is designated and
delineated to accommodate retail dispensaries of cannabis products
in accord with the New York State Marijuana Regulation and Taxation
Act.
[Amended 6-25-2007 by L.L. No. 7-2007]
The location and boundaries of the zoning districts established in § 227-8 are shown on the color-coded map entitled "New Official Zoning Map of the Village of Ellenville, 2007." Said map, together with everything shown thereon and all amendments thereto, is hereby adopted by reference and accompanies and is declared to be an appurtenant part of this chapter. The New Official Zoning Map shall be made available and kept on file in the offices of the Village Building Department and Village Clerk. Said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Village Building Department and Village Clerk for the use and benefit of the general public.
A.
Where uncertainty exists with respect to the boundaries
of any of the aforesaid districts as shown on the Zoning Map, the
following rules shall apply:
(1)
Where district boundaries are indicated as approximately
following the center lines or right-of-way lines of streets, highways
or public utility easements, said boundaries shall be construed to
be coincident with such lines. Said boundaries shall be deemed to
be automatically moved if a center line or right-of-way line of such
street, highway or public utility easement is moved a maximum of 20
feet.
(2)
Where district boundaries are indicated as approximately
following the Village boundary line, property lines, lot lines or
projections thereof, said boundaries shall be construed to be coincident
with such lines or projections thereof.
(3)
Where district boundaries are so indicated that they
are approximately parallel to the Village boundary line, street lines,
property lines, lot lines or projections thereof, said boundaries
shall be construed as being parallel thereto and at such distances
therefrom as are indicated on the Zoning Map or as shall be determined
by the use of the scale shown on the Zoning Map.
(4)
Where district boundaries are indicated as following
a river or stream, said boundaries shall be construed to be coincident
with the center line of such river or stream, and said boundaries
shall be deemed to be automatically moved if the main channels of
such streams or rivers are moved by natural or artificial means up
to a maximum of 50 feet.
(5)
Where a street, highway, railroad or public utility
easement center line or right-of-way line is coincident with a zoning
boundary line and varies from the actual on-the-ground physical monument
or mark; then such on-the-ground physical monument or mark shall determine
said zoning district boundary.
B.
Where a lot is divided by a district boundary line,
the regulations for each respective district shall apply, except:
(1)
In all cases where a lot in one ownership, other than
a through lot, is divided by a district boundary so that 50% or more
of such lot lies in the less restricted district, the regulations
prescribed for such less restricted district shall apply to the more
restricted portion of said lot for a distance of 30 feet beyond the
boundary. For purposes of this section, the more restricted district
shall be deemed that district which is subject to regulations which
prohibit the particular use intended to be made of said lot or which
regulations set higher standards with respect to setback, coverage,
yards, screening, landscaping and similar requirements.
(2)
In all cases where a district boundary line is located
not farther than 15 feet away from a lot line of record, the regulations
applicable to the greater part of the lot shall be deemed to apply
to the entire lot.
C.
Where a district boundary line divides a building existing on the effective date of this chapter, so that 50% or more of such building lies within the less restricted district, the regulations prescribed by this chapter for such less restricted district [as defined in § 227-10A(4) above] shall apply to the entire building. Such provisions shall apply only if and as long as the building is in single ownership and its structural characteristics prevent its use in conformity with the requirements of each district.
Following the effective date of this chapter:
A.
No building shall be erected, moved, altered, rebuilt
or enlarged nor shall any land or building be used, designed or arranged
to be used for any purpose or in any manner except in conformity with
all regulations, requirements and/or restrictions specified in this
chapter for the district in which such building or land is located.
B.
No yard or open space required in connection with
any building or use shall be considered as providing a required open
space for any other building on the same or any other lot.
C.
No lot shall be formed from part of a lot already
occupied by a building unless such building, all yards and open spaces
connected therewith and the remaining lot comply with all requirements
prescribed by this chapter for the district in which said lot is located.
No permit shall be issued for the erection of a building on any new
lot thus created, unless such building and lot comply with all the
provisions of this chapter.
D.
The minimum lot dimensions or lot area regulations,
or both, shall not apply to any lot with an area, width and/or depth
of less than those prescribed herein, provided that:
E.
Nothing contained in this chapter shall require any
change in the plans, construction or designated use of a building
complying with existing law, a permit for which shall have been duly
issued and the construction of which shall have been started before
the effective date of this chapter, and the ground story framework
of which, including the second tier of beams, shall have been completed
within six months of the date of the permit and which entire building
shall have been completed in accordance with such plans as have been
filed within one year from the effective date of this chapter.
F.
Any uses not specifically permitted shall be deemed
to be prohibited. Any list of prohibited uses contained in any section
of this chapter shall be deemed to be not an exhaustive list, but
to have been included for the purposes of clarity and emphasis and
to illustrate, by example, some of the uses frequently proposed that
are deemed undesirable and incompatible in the particular district.
G.
Regardless of any other provisions of this chapter,
any use that is noxious or offensive by reason of emission or odor,
dust, noise, vibration, smoke, gas, fumes or radiation or which presents
a hazard to public health or safety is prohibited.
