The general area and bulk regulations in each
zoning district are set forth in the attached District Schedule of
Area and Bulk Regulations. This schedule is supplemented, as appropriate, by other provisions of this chapter, including the extraordinary standards for certain special permit uses stated in Article
VII.
Nothing contained herein shall prohibit the
use of an existing lot of record of less than the prescribed lot area
or lot width for the district in which said lot is located, 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 May 12, 1976, or any amendment thereto which may
have affected the zoning status of said lot area or lot width, including
this chapter, provided that:
A. Such lot does not adjoin any other lot, lots or land
held by the same owner whose aggregate area either would be less noncomplying
or is equal to or greater than the minimum lot area required for that
district.
B. Such lot may not be developed and used for more than
one dwelling unit and its associated accessory structures.
C. Such use satisfies all applicable requirements of
the Town of Shandaken and the Ulster County Health Department for
potable water supply and sewage disposal facilities.
D. All other area and bulk regulations for that district
are met.
E. If created after December 11, 1971, the lot is part
of a plat approved by the Town of Shandaken Planning Board in accordance
with the town's Land Subdivision Regulations and filed in the office of the Ulster County Clerk pursuant
to Town Law.
Where more than one principal building may be
permitted on a lot, no detached principal building shall be located
closer to any other principal building on the same lot than the height
of the taller of said buildings.
[Amended 4-14-1999 by L.L. No. 1-1999]
On streets, roads or highways with less than
a fifty-foot right-of-way, the front setback 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.
In no case, however, shall any front yard in the R1.5, HR or HC Districts
be required to be greater than the average front yard of all structures
on the same side of the street within 200 feet in either direction.
All lots proposed for building purposes in the
Town of Shandaken shall have a minimum lot frontage of 50 feet or
50% of the minimum lot width established by the District Schedule
of Area and Bulk Regulations for the zoning district in which the lot is situated.
Said lot frontage shall be measured along the right-of-way of any
dedicated town, county or New York State highway or along a line 24.75
feet from the center line of any user highway. The width of any lot
shall not be less than its frontage throughout its entire depth leading
to the buildable portion of the lot, i.e., that portion of the lot
with at least the minimum prescribed lot width.
Where the side or rear yards of a lot abut a
side or rear yard of a lot in a more restricted zoning district, there
shall be provided along both sides of such abutting lot line or lines
side or rear yards equal to those required in the more restricted
zoning district.
[Amended 12-28-1992 by L.L. No. 3-1992]
No more than 25% of the required minimum lot
area for any lot in any district may be fulfilled by land which is
included within a designated wetland, as delineated by the New York
State Department of Environmental Conservation, which lies under water
or which is subject to periodic flooding under conditions of a one-hundred-year
flood, as delineated by the FF-O District. All minimum front, side
and rear yard requirements must be satisfied by measurement wholly
on dry land, except that, for purposes of this section, land which
is covered by a stream less than five feet in average width at mean
water level, or land covered by a pond not exceeding 150 square feet
in surface area at normal high water level, shall not be considered
as being under water.