The schedules of regulations following, which
define the use of land and buildings, the height of buildings, the
yards and other open spaces to be provided contiguous to or in connection
with buildings, the area of lots, off-street parking space, loading
space, and all other matters contained therein, as indicated for the
various districts of this chapter, are hereby adopted and declared
to be a part of this chapter and may be amended in the same manner
as any other part of this chapter. The regulations listed for each
district, unless otherwise indicated, shall be deemed to be the minimum
requirements in every instance of their application.
[Amended 6-17-1980; 2-6-1996 by L.L. No. 1-1996; 5-6-1997 by L.L. No. 1-1997; 7-13-2021 by L.L. No. 2-2021]
No building, structure or premises shall be used, and no building or group of buildings, or part of a building or structure, shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more of the uses set forth below. Only those uses listed as being permitted in a specific district shall be permitted in that district. All uses except single-family and two-family homes shall obtain site plan review and approval by the Planning Board before the issuance of a zoning permit. In addition, a use marked with an asterisk (*) is subject to the special permit standards and site plan review procedures set forth in § 155-18.
A.
Permitted principal uses in Residential/Conservation
R/C-10A Districts.
(2)
Timber harvesting, forestry management, saw mills,
sand, gravel, shale and stone quarrying*, farm use, farm produce stands,
nurseries and greenhouses, provided that no unenclosed storage of
manure, odor- or dust-producing substance or use shall be permitted
within 100 feet of any street or residential property line.
(3)
Tourist home, or boardinghouse.
(4)
Day nursery or nursery school.
(5)
Kennel* and the raising, breeding, training, care
and boarding of dogs for sale*.
(6)
Private nonprofit membership club*.
(7)
Subject to the rules and regulations of the Public
Service Commission of the State of New York, utility transmission
lines*, unit substations* and public utility structures*.
(8)
Governmental use*.
(11)
Commercial recreation uses*, specifically oriented
toward the use of mountain land, such as ski areas, ski tows, horse
riding trails, including travel trailer or camping trailer parks or
sites.
(12)
Park*, reservation* and/or recreation facility*.
(13)
Common facilities and/or systems for public
and/or private water supply and sewage disposal.
(14)
Commercial radio*, television* and other similar
electronic transmission structures*.
(15)
Commercial recreation uses including but not
limited to resort hotels*, commercial camps for seasonal residence
only*, resort ranch*, resort lodge*, bungalow colony*.
B.
Permitted principal uses in Residential/Rural R/R-3A
Districts.
(1)
All uses as permitted above.
(2)
Church, synagogue, cemetery*.
(3)
Public school, private* and/or parochial schools*,
provided such schools meet the standards as required by the State
Education Department for a public school.
(4)
College*, library*, museum*.
(5)
Religious* and charitable institution*.
(6)
Hospital*, nursing* or convalescent home*.
C.
Permitted principal uses in Residential/Exurban R/E-1A
Districts.
(1)
All uses as permitted above.
D.
Permitted accessory uses in all residential districts.
(1)
Office or studio of a physician, dentist, artist,
architect, engineer, surveyor, lawyer, public accountant, real estate,
insurance or other broker, when conducted in a dwelling by the inhabitant
thereof, with not more than two nonresident employees.
(2)
Customary home occupation.
(3)
Private garage for the enclosed parking or storage
of motor vehicles owned by the occupant.
(4)
Off-street parking areas for automobiles, and up
to three commercial vehicles in use by the occupant of said property
to derive a source of income. This shall be deemed to include school
buses.
(a)
All commercial vehicles 18,000 pounds or larger,
including school buses, shall meet the following conditions and setbacks:
[1]
All outdoor parking and storing of vehicles
shall be a minimum distance of 75 feet from adjoining property owner's
residential structures. If the requirement of 75 feet cannot be met,
then the minimum standards as set forth in the Schedule of Residence
and Business and Industry District Standards[1] shall apply, except for front yard setbacks.
[1]
Editor's Note: Said Schedule is included at the end of this chapter.
[2]
Hours of operation shall be within the user's
normal working hours.
[3]
Operation of diesel engines shall be as set
forth in New York State Environmental Conservation Law.
(5)
Parish house, rectory, church school rooms or similar
facility.
(6)
Signs, not exceeding two square feet in area, pertaining
to a use permitted in the district, including sale or lease or rent
signs, but excluding off-premises advertising signs, such as billboards.
Community names or title signs and signs approved in accordance with
§ 155-8*. In addition, signs pertaining to any permitted
principal nonresidential use* on the same lot, but not exceeding two
signs with a total area of nine square feet. Signs shall be nonmoving,
and, if lighted, shall be nonflashing and white light. Light sources
shall be shielded.
(7)
A gate house*, guest house*, caretaker's cottage*,
camp or travel trailer or similar accessory uses to a residential
estate use.
(8)
Man-made swimming pools. Any such pools having a depth
at any point of three feet or more and a surface area of 150 square
feet shall meet minimum yard setback requirements. Any such pool having
less than three feet of height at any point above ground shall be
surrounded with a substantial fence, such as a chain link fence, at
least three feet in height, with a gate entrance with locking mechanism.
(9)
Accessory
apartments. Apartments accessory to the principal permitted residential
use of a building are permitted in all districts, subject to the regulations
and standards set forth below. It is the intent of this provision
to expand affordable housing opportunities in the Town of Olive. To
expedite the process, accessory apartments are considered as of right
and therefore site plan approval by the Planning Board is not required.
However, the Code Enforcement Officer may refer certain applications
to the Planning Board if the site presents challenging design issues.
(a)
Lot area. An accessory apartment complying with the following standards
shall not require any increase in lot area.
(b)
Owner occupancy. The owner of the property on which an accessory
apartment is located must be an occupant of either the principal residence
or the accessory apartment.
(c)
Apartment location. An accessory apartment shall be in the principal
dwelling or in a separate structure on the same lot.
(d)
Lot size. The lot must be at least one acre in area to allow a dwelling
unit plus and accessory apartment located in the maim dwelling or
a separate structure as an accessory apartment.
(e)
Apartment size. The maximum floor area for an accessory apartment
shall not exceed 1,000 square feet. The accessory apartment shall
have no more than two bedrooms. The ZBA may modify, subject to appropriate
conditions, the requirements of these regulations relative to the
floor area and number of bedrooms of an accessory apartment where
it determines that apartment size of more than 800 square feet or
more than two bedrooms is appropriate due to specific characteristics
or features of the building, and when such increase will not adversely
affect public health, safety and general welfare of the Town.
(f)
Number of accessory apartments. There shall be no more than one accessory
apartment or a total of two dwelling units per lot permitted under
this subsection.
(g)
Water and sewer service. Prior to the issuance of a building permit
for the establishment of an accessory apartment, approval of the proposed
method of water supply and sewage/waste water disposal shall be obtained.
(h)
Off-street parking. At least one additional off-street parking space
shall be provided for the accessory apartment. In no case shall there
be parking space for less than a total of three cars on the property.
(i)
Recommended maximum rent should be no more than the US Housing and
Urban Development (HUD) established fair market rent for a period
of at least five years.
(10)
Any other accessory building or use considered
by the Zoning Board of Appeals to be customarily incidental to any
of the related principal uses herein and to be located on the same
lot, or on a separate lot.
E.
Permitted principal uses in Business/Village B/V-1/2
Districts.
(1)
Single-family residences on lots of one acre per dwelling
in size.
(2)
All uses as permitted and regulated in the R/E-1A
District above.
(3)
In addition to Subsection E(1) and (2) above, on 1/2 acre lots, retail and personal service businesses* designed to meet the day-to-day and convenience type needs of the townspeople primarily such as food, clothing, soft goods, hardware and other merchandise stores, business and professional offices, cultural, social and artistic enterprises and facilities, and other uses deemed similar and appropriate by the Board of Appeals. Such uses may be provided individually or in combined groups as convenience or community shopping centers*.
F.
Permitted principal uses in Business/Highway B/H-1/2
Districts.
(1)
All uses as permitted and regulated in Subsection E(3) above, except that a special permit shall not be required.
(2)
On additional or separate lots of 1/2 acre or more:
(a)
Stores and shops for the conduct of retail business,
banks, restaurants and other places serving food and beverages, professional
and business offices, buildings and establishments for the performance
of various personal services.
(b)
Motels, resorts and associated amusements and
recreation activities.
(c)
Preparation, processing or manufacture of goods
or products primarily for retail sale on the premises, such as baking,
laundry and dry cleaning.
(d)
Wholesale and storage business, building material
storage and supply, and building, plumbing, electrical and similar
contractor's establishment*.
(e)
Motor vehicle sales, repair and service, not
including unenclosed storage of junked cars or car parts.
(f)
Commercial uses designed to serve the transient
public and recreation- or resort-oriented travelers, such as restaurants;
gas stations, auto sales and services; motels, seasonal cottages,
hotels and ski lodges; commercial recreation facilities; and other
uses deemed similar and appropriate by the Board of Appeals.
(g)
Light industrial or manufacturing use*, including
fabrication, converting, processing, altering, assembly or other handling
of products (which uses normally will not cause or result in any dissemination
of noise, vibration, excessive light, dust, smoke, gas, fumes, odor,
or other measurable atmospheric pollutant beyond the boundaries of
the site on which the use is located; menace by reason of fire, explosion,
atomic or induced radiation or other physical hazard; harmful discharge
of waste materials; or unusual traffic hazards or congestion due to
the type and number of vehicles associated with such use).
G.
Permitted accessory uses in all commercial districts.
(1)
Signs affixed to a building pertaining to a permitted
use conducted on the lot where such signs are displayed, provided
such signs do not face any lot line of any adjoining lot in a residential
zone if within 50 feet of said lot. Total on-building sign area shall
not exceed 1.5 square feet for each linear foot of building frontage
and shall not project into any street. Freestanding signs shall not
exceed 45 square feet per side in area, and shall not exceed two sides.
All freestanding signs shall be set back from all property lines a
distance at least equal to their maximum height or 10 feet, whichever
is greater. Only one freestanding sign shall be allowed per business
or combination of businesses on one commercial parcel, regardless
of size.
(2)
Nonflashing exterior spot lighting or other illumination
of buildings, signs or grounds, except that all light sources shall
be shaded so that they shall not be visible from the street or adjacent
residential lots. Exposed neon light sources shall not be permitted.
(3)
Parking area and loading space for motor vehicles
pertaining to the permitted uses.
(4)
Any other use considered by the Zoning Board of Appeals
to be customarily incidental to a permitted principal use.
H.
Permitted affordable senior citizen housing use in
all districts. Application may be made to the Planning Board for site
plan and/or special permit approval of a residential cluster development
which provides affordable senior citizen housing whose residential
units contain one bedroom or less and are served by private water
supply and sewer systems approved by all government agencies as may
be required.
(1)
Lot, yard, frontage and density regulations.
(a)
The minimum project area shall be five acres.
(b)
Frontage for access to a state, county or town
road shall be required.
(c)
Residential units may be attached or detached
with designs to be approved by the Planning Board and consistent with
density requirements.
(d)
Residential structures shall be consistent with
lot, yard and height requirements as provided for under the Schedule
of Residence and Business and Industry District Standards[2] for R/E-1A Residential/Exurban - 1 acre per dwelling unit.
[2]
Editor's Note: Said Schedule is included at the end of this chapter.
(e)
Density bonus of up to 100% as provided for under § 155-2, Classes of districts, for R/E-1A Residential/Exurban - 1 acre per dwelling unit, shall be available.
(f)
Area available for calculation of allowable
density shall only include 50% of area of lands designated as state
or federal wetlands or within the one-hundred-year floodplain as shown
on the most recent FIRM map and/or land having slopes greater than
25%.
(2)
Planning Board review. Required information and Planning Board review shall be as set forth in § 155-19, Application for site plan and/or special permit approval.
(3)
Proof of affordability. Compliance with affordability,
as defined herein, shall be furnished by the applicant.
(4)
Proximity to community services and businesses. Proximity
to community services and business shall be reasonable taking into
consideration available community and/or public transportation services.
(5)
Traffic and parking.
(a)
Off-street parking shall be provided on the same lot in accordance with § 155-29 of this chapter.
(b)
Off-street parking shall not be located in a
front yard or any other yard abutting a street, except in a driveway,
and shall be screened from adjacent properties by a fence, wall or
vegetative buffer at least six feet in height.
(c)
Vehicular entrances and exits shall be clearly
visible from the street and at least 75 feet from any street intersection.
(d)
Traffic generated shall not add undue traffic
volumes onto town roads serving single-family residential areas.
(e)
Access roads shall provide for suitable provision
of public transportation including adequate turnaround and dropoff
areas.
(f)
All pedestrian access facilities shall be stable,
firm and slip-resistant.
