A.
No building or structure shall be erected, moved,
altered, rebuilt or enlarged, nor shall any land, building or structure
be used, designed, or arranged to be used, for any purpose other than
as specified in this chapter for the district in which such building,
structure or land is located.
B.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the reasons set forth in Article I, Purposes, of this chapter. This chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the following general regulations shall apply.
The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following general supplementary regulations.
A.
Lot for every building. Every building hereafter erected
shall be located on a zoning lot of certain size and dimension as
herein defined and there shall be not more than one principal building
on each such lot, except as specifically permitted elsewhere in this
chapter. If more than one such lot is located on a piece of property,
each lot must meet the requirements of this chapter.
B.
Yard and open space for every building. No yard or
other open space provided about any building, for the purpose of complying
with the provisions of these regulations, shall be included as any
part of the yard or open space for any other buildings; no yard or
any other open space on one lot shall be considered as a yard or open
space for a building on any other lot.
C.
Subdivision of a lot. Where a lot is hereafter formed
from the part of a lot or parcel already occupied by a building, such
separation shall be effected in such manner that each lot thus created
conforms to all of the requirements of this chapter.
D.
Irregularly shaped lots. Where a question exists as
to the proper application of any of the requirements of this chapter
to a particular lot or parcel, because of the peculiar or irregular
shape of the lot or parcel, the Board of Appeals shall determine how
the requirements of the chapter shall be applied.
E.
Lots under water or subject to flooding. No more than
30% of the minimum area requirement of a lot may be fulfilled by land
which is under water or subject to periodic flooding. All minimum
front, side, and rear yard requirements must be satisfied by measurement
on dry land. For purposes of this paragraph, land which is covered
by a stream not exceeding five feet in average width at mean water
level, or land covered by a pond not exceeding 15 feet in greatest
dimension or 150 square feet in area at normal high-water level, shall
not be considered as being under water.
F.
Lots bordering major streams. No zoning permit shall be issued for the construction or enlargement of any permitted or accessory use in any district within 100 feet of normal water edge of the Esopus, Little Beaverkill and Bushkill streams unless specifically regulated in the manner required in §§ 155-18 and 155-25A of this chapter.
[Amended 7-13-2021 by L.L. No. 2-2021]
G.
Required street frontage. No zoning permit shall be
issued for any structure unless the lot upon which that structure
is to be built has a frontage of at least 25 feet on a street or highway,
as defined by the Town Law, Article 16, § 280-a, in the
Consolidated Laws of New York, which street or highway shall have
been suitably improved, or a bond posted therefor, to the satisfaction
of the Town Board or Planning Board, as provided in said § 280-a.
Access via easement or right-of-way shall be as required by Subdivision
4 of § 280-a. Reference Olive Code Appendices A159 and A160.
[Amended 7-13-2021 by L.L. No. 2-2021]
H.
New buildings on lots less than the minimum area.
A zoning permit may be issued for the erection of a building or structure
upon a lot or parcel which has an area less than that required for
the district in which such lot or parcel lies, providing that said
lot or parcel met the minimum area requirements of the Town of Olive
Interim Zoning Ordinance if said lot or parcel was created during
the effective period of said Town of Olive Interim Ordinance, further
providing that all yard setbacks and other requirements which are
in effect at the time of the obtaining of the zoning permit are complied
with insofar as such is feasible, and further providing that the owner
of such lot or parcel does not own other lots or parcels contiguous
thereto. If this be the case, such other lots or parcels, or so much
thereof as might be necessary, shall be combined with the original
lot or parcel to make a single conforming lot or parcel, whereupon
a permit may be issued, but only for such combined lots or parcels,
even though their total be less in area than required by this chapter
for the district in which they lie.
I.
Exemption of lots on approved subdivision plats. Lot
areas and dimensions shown on subdivision plats approved and filed
by the Town of Olive Planning Board shall be exempt from the minimum
area and dimension requirements of this chapter.
For the purposes of this chapter and for the
purpose of obtaining good health and sanitary conditions, for natural
resource preservation and conservation and to minimize the construction
and maintenance costs of community facilities and utilities, all directed
towards the objective of fostering and obtaining land development
of good quality and design at reasonable economic cost, the Town Board
hereby resolves that the Planning Board shall be guided by and is
hereby authorized to review and act upon all subdivisions in accordance
with the following paragraphs. In all cases, the Planning Board shall
have full power of subdivision approval, approval with conditions,
or denial, as authorized by law.
A.
Average density subdivisions. Simultaneously with
the approval of a subdivision plat and pursuant to § 278
of the Town Law, at the request of the applicant, the Planning Board
is authorized to modify the zoning regulations with respect to lot
area and dimensions, provided that the average size of all lots shown
on the subdivision plat shall be equal to or greater than the permitted
minimum lot area in such district, and that there shall not be a greater
average density of population, or cover of the land with buildings,
than is permitted in such district, and further provided that no lot
shall have less than the minimum area and dimensions required for
lots in the least restrictive residential district. For the purposes
of this section, "average density" shall be determined by the number
of single-family residences which could be built under the zoning
district standards in full conformity with the town's subdivision
regulations,[1] and the applicant may be required to furnish a sample
layout of single-family homes to determine this number.[2]
B.
Record of zoning modifications. Each approved modification
of the town's subdivision and zoning regulations, as may be approved
in this section, shall be noted specifically on the subdivision plat,
which plat may be filed in the office of the County Clerk as required
by law. Upon the filing of said plat in the office of the County Clerk,
a copy of the plat shall be filed with the Town Clerk and approved
modifications shall be recorded as part of this chapter.
The use of cellars, tents and/or camp trailers
for permanent dwelling purposes shall not be permitted in any district,
except that a temporary certificate of occupancy may be granted by
the Zoning Inspector for a period of stay greater than 30 days, not
to exceed six months, and may be renewed for three additional consecutive
six-month periods upon a finding by the Zoning Inspector that reasonable
construction progress is being made in order to provide convenient
temporary living quarters during the initial construction of a single-family
residence on the same lot. Such a temporary certificate of occupancy
shall not be granted until a water supply and a sanitary sewage disposal
system have been approved, constructed and are in operation.
Prefabricated, factory built, or modular structures and housing, including mobile homes, shall be subject to compliance with the regulations of the particular district within which they are permitted and the appropriate building, housing, safety and sanitary codes in existence or as they may be adopted by the Town Board. Such residential structures shall be permanently attached to a masonry or similar rigid and enclosed foundation, constructed in a manner so as to stand the rigors of winter. In addition, mobile home structures shall meet the particular requirements of Chapter 105, Mobile Homes, wherever such requirements are stricter.
A.
Terraces and porches. A paved terrace shall not be
considered in the determination of yard size or lot coverage; provided,
however, that such terrace is unroofed and without walls, parapets
or other forms of enclosure. Such terrace, however, may have an open
guard railing not over three feet high. Such terraces shall not project
into any yard to a point closer than 25 feet from any lot line. Any
two-story or any enclosed porch, or one having a roof and capable
of being enclosed, shall be considered a part of the building in the
determination of the size of yard or amount of lot coverage.
B.
Fire escapes and other projecting architectural features.
The space in any required yard shall be open and unobstructed, except
for fire escapes and the ordinary projection of architectural features
such as window sills, bay windows, cornices and eaves, and other structures
which may be specifically permitted in this chapter.
C.
Projecting features above the roof level. The height
limitations of this chapter shall not apply to church spires, belfries,
cupolas, silos, and domes not used for human occupancy; nor to chimneys,
ventilators, skylights, water tanks, bulkheads, television antennas
or similar features, and necessary mechanical appurtenances usually
carried above the roof level, except as such may be specifically modified
by other provisions of this chapter. Such features, however, shall
be erected only to such height as is necessary to accomplish the purpose
they are intended to serve. Parapets or cornices, used for ornamentation
and without windows, may extend above the roof level not more than
five feet.
D.
Walls and fences. The yard requirements of this chapter
shall not be deemed to prohibit any necessary retaining wall, nor
to prohibit any fence or wall, provided that in any residence district
no fence or wall shall exceed six feet in height, measured above the
adjoining finished grade.
E.
Corner lots. On a corner lot in any residence district,
there shall be provided a side yard on the side street equal in depth
to the required front yard. A rear yard shall be provided on each
corner lot, and the owner shall elect which yard is the rear yard.
F.
Visibility at intersections. On a corner lot, no fence,
wall, hedge, or other structure or planting shall be erected, placed
or maintained within the triangular area formed by the intersecting
street right-of-way lines and a straight line joining said street
right-of-way lines at points which are 30 feet in distance from the
point of intersection, measured along said street line in any manner
which would substantially block the view from one street to the other
within an area three feet to eight feet above the average ground level
along the street right-of-way lines.
G.
Exception for existing alignment of buildings. If
on one side of a street within a given block, and within 150 feet
of any lot, there is a pronounced uniformity of alignment of the fronts
of existing buildings and of the depth of front yards greater or less
than the depths specified in the schedule of regulations,[1] a front yard shall be required, in connection with any
new building, which shall conform as nearly as practicable with those
yards existing on the adjacent lots, except that no such building
shall be required to set back from the street a distance greater than
50 feet unless otherwise required in this chapter.
[1]
Editor's Note: The Schedule of Residence and Business and Industry District Standards is included at the end of this chapter.
[1]
Editor's Note: Former § 155-12, General regulations
for dwellings in accessory buildings, was repealed 5-10-2022 by L.L. No. 2-2022.
Uses which existed prior to this chapter, which
do not conform with the standards of this chapter and which are in
violation of the Interim Zoning Ordinance of the Town of Olive, shall
be deemed not to be in violation of this chapter.
A.
Continuing existing uses. Except as otherwise provided
in this section, the lawfully permitted use of land or buildings existing
at the time of the adoption of this chapter may be continued, although
such use does not conform to the standards specified by this chapter
for the zone in which such land or building is located. Said uses
shall be deemed preexisting uses.
B.
Preexisting use of land. Where no building or structure
is involved, the preexisting use of land may be continued, provided,
however:
(1)
That no such preexisting use shall be enlarged or
increased, nor shall it be extended to occupy a greater area of land
than that occupied by such use at the time of the adoption of this
chapter, unless specifically allowed by other provisions in this chapter;
(2)
That no such preexisting use be moved in whole or
in part to any other portion of the lot or parcel of land occupied
by such preexisting use at the time of the adoption of this chapter,
unless such relocation is deemed to be more appropriate by the Zoning
Board of Appeals.
(3)
That if such preexisting use of land, or any portion
thereof, ceases for any reason for any continuous period of more than
one year or is changed to a conforming use, any future use of the
land shall be in conformity with the provisions of this chapter;
(4)
That no preexisting use of land shall be changed to
another preexisting use, unless it is a similar or less nonconforming
use, as determined by the Zoning Board of Appeals.
C.
Preexisting use of buildings.
(1)
A building or a structure, the use of which does not
conform to the use regulations for the district in which it is situated,
may be enlarged or extended but not to exceed a 100% gross floor area
as determined by the Board of Appeals.
(2)
Such preexisting building may be structurally altered
to keep a preexisting building or structure in sound condition, and
provided further that any such preexisting use may be extended throughout
any parts of the building which were manifestly arranged or designed
for such use at the time of the adoption of this chapter, as determined
by the Board of Appeals.
(3)
A preexisting use of a building may be changed only
to a use of similar or less nonconformity, as determined by the Board
of Appeals.
(4)
If any preexisting use of a building ceases for any
reason for a continuous period of more than one year, or is changed
to a conforming or less nonconforming use, or if the building in or
on which such use is conducted or maintained is moved any distance
whatsoever, for any reason, then any future use of such building shall
be in conformity with the standards specified by this chapter for
the district in which such building is located.
(5)
If any building in which any preexisting use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such building was located, and the subsequent use of any
building thereon, shall be in conformity with the standards specified
by this chapter for the district in which such land or building is
located.
D.
Preexisting, other than use. A building which, at the time of adoption of this chapter, is conforming in use but which does not conform to the height, yard, land coverage, parking or loading space requirements of this chapter, shall not be considered to be nonconforming within the meaning of Subsection C. Any lot legally existing at the time of adoption of this chapter, but which does not comply with the area and dimension requirements of the district within which it lies, shall not be considered nonconforming. No permit shall be issued that will result in the increase of any of the above nonconformities, except with the approval of the Board of Appeals.
E.
Restoration of damaged and/or destroyed buildings. If any building legally preexisting in use is destroyed or damaged, it may be repaired or reconstructed as permitted in Subsection C of this section. All repairs or reconstruction for such preexisting use shall be completed within two years of the date on which the destruction occurred.
F.
Preexisting uses subject to additional requirements.
In order to bring about the gradual conformance of various incompatible
uses to the requirements of this chapter, the following requirements
are established:
(1)
Preexisting signs. Regardless of any other provision
of this chapter, within a period of five years from the date of this
chapter, every sign which may exist as a preexisting use in any district
shall be discontinued and removed and/or changed to conform to the
standards of said district and of the standards and requirements of
any sign regulations in effect in the town at such time.
(2)
Preexisting junkyards. Notwithstanding the provisions of Subsections A through E, in addition to the requirements set forth in Ch. 101, Junkyards, and any other town ordinances and regulations, every junkyard which, after the adoption of this chapter, may exist as a preexisting use in any district shall, within a period of five years from the date of this chapter, comply with said Chapter 101, ordinances, regulations and this zoning variance as they may be amended.
G.
Completion of buildings under construction. Any building,
the construction of which has been started before the effective date
of this chapter or of an amendment thereto, and the ground story framework
of which, including the second tier of beams, has been completed within
one year after the adoption of this chapter or amendment thereto,
may be completed in accordance with plans on file with the Zoning
Inspector, provided that such construction is diligently prosecuted
and the building is completed within two years of the adoption of
this chapter.
H.
Existing special uses deemed conforming. Any use lawfully
existing at the time of the adoption of this chapter, or of any amendments
thereto, in the district in which such use is classified herein as
a special use, shall, without further action, be deemed to be a conforming
use in such zone.
[Amended 7-13-2021 by L.L. No. 2-2021]
No building or structure in any district, used
for year-round or permanent residence purposes, and erected or created
by alteration subsequent to the adoption of this chapter, shall have
a usable floor area fess than 600 square feet. Such usable floor area
shall include all floor area used for human occupancy within the exterior
walls of the building, but shall not include open porches or breezeways,
garages, basements, or uninhabitable or unfinished attic space. However,
tiny houses 400 square feet or less of floor space as defined in the
2020 International Residential Code Appendix Q, Tiny Houses, (or latest
edition) are allowed in all districts.
[Added 10-6-1989 by L.L. No. 2-1989]
In any district, home occupations shall conform
to the following use limitations:
A.
A home occupation may only be conducted within a dwelling
which is a bona-fide residence of the principal practitioner of the
occupation or in an accessory building thereto which is normally associated
with the residential use, but not both. For purposes of this chapter,
a home occupation occurring fully within the dwelling shall be considered
a permitted Class 1 home occupation; those home occupations occurring
in an accessory building shall be considered Class 2 home occupations
which may only be authorized by special use permit.
C.
The home occupation activity shall not occupy more
than 25% of the total floor area; and in no event more than 500 square
feet of floor area of the dwelling and shall be in accordance with
Part 1241 of the New York State Fire and Building Code or as the same
may be amended.
D.
Except for articles produced, repaired or restored
on the premises, no stock in trade shall be displayed or sold on the
premises.
E.
No alteration to the exterior of the principal residential
building shall be made which changes the character thereof as a dwelling,
except that a single sign, not exceeding two square feet in area,
shall be permitted.
F.
No mechanical or electrical equipment shall be employed
other than machinery or equipment customarily found in the home or
which may be associated with a hobby or avocation.
G.
No outdoor display of goods or outdoor storage of
equipment or materials used in the home occupation shall be permitted.
H.
Not more than two persons other than members of the
household occupying such dwelling shall be employed in the conduct
of the home occupation.
I.
There shall be permitted no sharing, letting or subletting
of space for use by others in conduct of their profession, trade or
business.
J.
Sufficient off-street parking shall be provided.
