The general area and bulk regulations in each
zoning district are set forth in the Schedule of Area and Bulk Regulations.[1] This schedule is supplemented, as appropriate, by other provisions of this chapter, including the extraordinary standards for certain special permit uses stated in Article VI of this chapter.
[1]
Editor's Note: The Schedule of Area and Bulk
Regulations is included at the end of this chapter.
A.
Nothing contained herein shall prohibit the development
of an existing lot of record of less than the prescribed lot area
or lot width, if such existing lot of record was owned individually
and separate from any adjoining lot or tract at the time of adoption
of the Town's initial Zoning Ordinance on December 28, 1965, or any
amendment thereto, or was owned individually and separate from any
adjoining lot or tract at the time of the adoption of this chapter,
provided that:
(1)
Such lot has an area of at least 7,500 square feet
and a minimum width of 60 feet if it is to be used for residential
purposes;
(2)
Such lot may not be used for more than one dwelling
unit;
(3)
Such use satisfies all applicable requirements of
the Town of Woodstock and the Ulster County Health Department for
potable water supply and sewage disposal facilities; and
(4)
All other bulk requirements for that district are
met.
B.
Nothing contained herein shall prohibit the use of
an undeveloped lot in a subdivision which has been properly approved
by the Town Planning Board and subsequently filed in the office of
the Ulster County Clerk within the time limits prescribed by law for
such action and prior to the adoption of this chapter, provided that
the four conditions listed above in this section are met.
A.
In all districts where residences are permitted, a lot held in single ownership may be improved for residential use in accordance with the minimum lot area per dwelling unit and related bulk regulations for the district as set forth in § 260-16, the Schedule of Area and Bulk Regulations, except as provided in the following sections of this chapter:
B.
Only one principal residential structure or dwelling unit shall be permitted on a lot, except pursuant to the provisions of §§ 260-46 and 260-63N and Article VIII of this chapter and as follows:
(1)
Conversion of an existing single-family residence
to a two-family residence and construction of a two-family residence
shall be allowed in the R1.5, HR, HC and NC Districts without application
of the minimum lot area per dwelling unit requirement to each dwelling
unit where central water and common sewer are provided by the Town
of Woodstock, and provided that the lot meets the minimum lot area
requirement for the applicable district, and all other applicable
requirements of this chapter and other applicable laws, rules and
regulations are strictly met.
(2)
For two-family residences in the R8, R5 and R3 Districts,
or for those lots without Town-provided central water and common sewer,
the minimum lot area per dwelling unit requirement shall apply.
C.
A residential lot of required or greater than required area as set forth in this chapter shall not be reduced in area for transfer of ownership if such lot so divided will form two or more lots, any of which shall be less than the minimum lot area required for the district in which the lot or lots are situated, except pursuant to the provisions of § 260-20 of this chapter.
[Amended 10-11-2011 by L.L. No. 6-2011]
In all districts where nonresidential uses are permitted, a lot held in single ownership may be improved for nonresidential use in accordance with the minimum lot area, floor area ratio (FAR) and other related bulk regulations for the district as set forth in § 260-16, the Schedule of Area and Bulk Regulations and the minimum parking requirements set forth in § 260-30. All such calculations for nonresidential uses shall be based on the total floor area proposed to be used for such purposes, regardless of the number of individual nonresidential uses proposed. Floor area ratio shall be calculated as defined in § 260-123 of this chapter.
In the R8, R5 and R3 Districts, the minimum
lot area may be reduced to two acres, provided that each of the following
conditions is met:
A.
Under no circumstances shall more lots be created than would otherwise be created if the parcel were subdivided in compliance with the minimum lot area requirement for the district, as listed in § 260-16, the Schedule of Area and Bulk Regulations.
B.
The maximum number of undersized lots which may be
created shall be determined by dividing the number of acres of the
parcel by twice the minimum lot area of the district and rounding
the result down to the next whole number, but shall in no case exceed
three undersized lots per parcel.
C.
Each newly created parcel which meets or exceeds the minimum lot area requirement for the district shall have a restriction written on the map within the boundaries of the parcel and in the deed for the parcel. The Planning Board shall calculate the potential number of additional lots which may be created in a future subdivision, such that the total number of lots shall never exceed the number that would be created if the parcel were subdivided in compliance with the minimum lot area requirement for the district. The restriction(s) written on the map and in the deed(s) shall read "This parcel may not be subdivided. The maximum permitted subdivision has been done pursuant to § 260-20 of the Zoning Law of the Town of Woodstock" or "This parcel may be subdivided into at most n lots, pursuant to § 260-20 of the Zoning Law of the Town of Woodstock," where n is the potential number of future additional
lots calculated above. Where there are two or more lots which are
eligible for further subdivision, the number n shall
be apportioned among said lots as desired by the applicant. The restriction(s)
shall appear on the map prior to signing by the Woodstock Planning
Board and in the deed(s) prior to filing with the Ulster County Clerk.
For the purpose of conveyance between contiguous
property owners, the Planning Board may create a lot of less than
the minimum required lot area, provided that the conveyed lot shall
be attached to and become part of an existing contiguous lot.
That portion of a structure which encroaches
on any required yard may not be increased in height, regardless of
whether the encroachment existed at the time of the adoption of this
chapter or was permitted by variance.
A.
The height restrictions set forth in § 260-16, the Schedule of Area and Bulk Regulations, shall not be applicable to the following structures, provided that, in their aggregate, such structures occupy not more than 80 square feet or 10%, whichever shall be less, of the roof area of the building of which they are a part:
(1)
A radio or television antenna shall be restricted
to a height of 65 feet above the average finished grade of the building
of which it is a part.
(2)
A spire, belfry, flagpole, chimney, water or cooling
tower, parapet or railing, elevator, stair bulkhead, air-conditioning
unit or similar structure shall be restricted to a height of 50 feet
above the average finished grade of the building of which it is a
part.
A.
Accessory structures as defined in § 260-123 of this chapter, excepting those in Subsection B below, may be located in any front, rear, or side yard, provided that:
(1)
No such structure shall exceed 25 feet in height;
(2)
Such structure shall comply with all requirements as set forth in § 260-16, the Schedule of Area and Bulk Regulations;
(3)
Not more than 10 such accessory structures, other
than a permitted sign or fence, of which not more than one shall be
a private garage and not more than one shall be a guest cottage, shall
be permitted on an individual lot in any district; and
(4)
All such structures in the aggregate shall not occupy
more than 30% of any required yard.
B.
Swimming pools (aboveground and in-ground), tennis courts and other hard-surfaced game courts, and satellite dish antennas are permitted only in side and rear yards and must comply with all other provisions of Subsection A above.
C.
The following architectural features and accessory
structures may be located in any required yard, except where such
constitute a permanent obstruction in a required front yard in a commercial
or light industrial district:
(1)
Chimney or pilaster;
(2)
Open arbor or trellis;
(3)
Unroofed steps, patio or terrace not less than 20
feet from the highway right-of-way nor less than 10 feet from any
side or rear lot line, provided that the building complies with the
yard requirements of this chapter, except that in the Hamlet Commercial
(HC) District such feature may encroach wholly to the lot line if
determined by the Planning Board under site plan review to represent
no detriment to the public health, safety or welfare;
(4)
Awning or movable canopy not to exceed 14 feet in
height;
(6)
Overhanging roof not in excess of three feet into
the required front yard; and
(7)
Open fire escape not less than five feet from any
lot line nor more than eight feet from the principal building.
D.
A single portable accessory building with a maximum
floor area of 80 square feet may be installed or constructed and utilized
without the issuance of a building permit or certificate of occupancy,
provided that:
(1)
The structure does not have a permanent foundation;
(2)
The structure is not served by any utility such as
electricity, gas or plumbing;
(3)
The structure does not exceed eight feet in height;
(4)
The structure is never used for human habitation;
and
(5)
All other requirements of this chapter related to
accessory structures are fully met.
No detached principal building shall be located
closer to any other principal building on the same lot than the maximum
height of the highest of said buildings.
A.
On streets, roads or highways with less than a fifty-foot
right-of-way, the front setback in all districts shall be measured
perpendicularly from the center line of the existing right-of-way
with 25 feet added to the required front yard setback to establish
the building line.
A.
Required front yards. On a corner lot, each street
frontage shall be deemed to be a front street line, and the required
yard along such lot line shall be a required front yard. However,
the above notwithstanding, for the purposes of this chapter, no lot
shall be interpreted to have more than two front yards regardless
of how such lot is located or configured. The Zoning Enforcement Officer,
in consultation with the owner, shall establish which of the remaining
yards shall be the required side yard and the required rear yard for
purposes of this chapter.
B.
Obstructions at street intersections. At all street
intersections no obstructions to vision such as a fence, wall, hedge,
structure or planting over three feet in height shall be erected or
installed and maintained on any lot within the triangle formed by
the intersecting street lines or their projections where corners are
rounded and a straight line joining said street lines at points which
are 35 feet distant from their point of intersection measured along
said street lines and/or projections.
