There is hereby established a comprehensive zoning plan, which plan is set forth in the text and map that constitute this chapter. Said plan is adopted for the purposes stated in §§ 261 and 263 of Article 16 of the Town Law with the objective of promoting the public health, safety, morals, comfort, general welfare, conservation of property values, the gradual elimination of nonconforming uses and the prevention and reduction of traffic congestion throughout the town.
Editor's Note: The Zoning Map and Comprehensive Plan are on file in the office of the Town Clerk.
Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated:
- A term applied to a building or use clearly incidental or subordinate to, and customarily in connection with, the principal building or use on the same lot.
- A change or rearrangement in the structural parts of a building or an enlargement, whether by extending to a side or by increasing the height.
- BOARDING OR TOURIST HOME
- A building containing a single dwelling unit and accommodating for compensation persons who are not the keeper's family.
- A structure wholly or partially enclosed with exterior walls and a roof, affording shelter to persons, animals or property.
- A dwelling designed for seasonal occupancy.
- BUNGALOW COLONY
- A group of seasonal dwellings, including a rental office and recreational facilities serving the residents of such dwellings, of which not more than one is used for year-round occupancy.
- CABIN, HUNTING OR FISHING
- A dwelling designed for seasonal occupancy.
- CAGE-TYPE POULTRY HOUSE
- A structure for the housing of poultry in elevated meshwork pens in which all the processes relating to the raising of poultry are accomplished without the removal of the birds from such enclosures.
- A tract of land providing two or more sites for the temporary parking of travel trailers or the erection of tent or other portable sleeping accommodations.
- A parcel of land, or part thereof, used primarily for dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk discard machinery, vehicles, or parts thereof, or waste material of any kind.
- A building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes and mobile homes, provided that they meet all of the requirements of this chapter, the Building Code and all other regulations or ordinances applicable to dwellings.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing housekeeping facilities for 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, dormitory, hotel, inn, nursing home or other similar structure shall not be deemed to constitute a dwelling unit.
- DWELLING, MULTIPLE
- A building or portion thereof containing more than two dwelling units.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING, SEASONAL
- A building which is temporarily occupied by persons having their permanent residence elsewhere.
- DWELLING, TWO-FAMILY
- A detached building containing two dwelling units only.
- One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute one family.
- Includes, but is not limited to, domestic birds such as chickens, ducks, geese, turkeys and pheasants.
- GARAGE, PRIVATE
- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein for more than one car if leased to a nonresident of the premises.
- GARAGE, PUBLIC
- Any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
- HABITABLE FLOOR AREA
- The sum of the gross horizontal area of the floor or floors of a dwelling unit as measured from the interior walls of all rooms. Floor space shared in common with other dwelling units or used for storage purposes or in the operation or maintenance of the building shall not be included in computing floor area.
- The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.
- HOME OCCUPATION
- Any gainful occupation customarily conducted within a dwelling by its residents thereof, clearly secondary to the use of the dwelling for living purposes and that does not change the character of the structure as a residence. Said activity shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent in the dwelling if so used. Permissible "home occupations" include, but are not limited to, the following: art studio, dressmaking, offices of a clergyman, lawyer, physician, dentist, architect, engineer or accountant and teaching, including music and dancing. However, a "home occupation" shall not be construed to include such uses as the following: a clinic or hospital, barbershop or beauty parlor, restaurant, animal hospital or dog kennel.
- Any area of land, including buildings thereon, which is used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling and storage or salvaging of machinery or vehicles stored outside, without current license plates, for a period of 60 days or more.
- Animals, including but not limited to domestic animals such as sheep, horses, cattle and goats.
- A parcel of land occupied or used by one principal building or use with its accessory buildings and required open spaces and yards.
- LOT AREA
- The total area of a lot computed by multiplying the average distance between side lot lines measured along the street line and the rear lot line by the average distance between the street line and the rear lot line measured along the side lot lines.
- LOT COVERAGE
- The percentage of the area of the lot covered by a building or buildings.
- LOT DEPTH
- The minimum distance from the street line of a lot to the rear lot line of such lot.
- LOT LINE
- Any boundary of a lot other than a street line.
- LOT LINE, REAR
- The lot line generally opposite to the street line.
- LOT WIDTH
- The distance between side lot lines at the required minimum front yard depth measured along a line parallel to a line connecting the end points of the front lot line.
- LOT, CORNER
- A lot at the junction of and fronting on two or more intersecting streets.
- Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled or packaged in quantity.
- MOBILE HOME
- A movable dwelling unit equipped with a chassis, whether mounted on a temporary or a permanent foundation and provided with plumbing, heating, electrical cooking and refrigeration facilities.
- MOBILE HOME COURT
- Any area of land occupied by two or more mobile homes that are used for dwelling purposes.
- MOBILE HOME SALES LOT
- Any area of land upon which mobile homes are placed for purposes of sale or display.
- Any establishment consisting of a building or group of buildings providing living and/or sleeping accommodations with individual bathrooms and designed for use by transient automobile travellers.
- NONCONFORMING BUILDING OR USE
- A building or use that does not conform to the regulations prescribed for the district in which it is situated.
- Any individual, firm, company, association, society, corporation or group.
- Any letter, word, model, banner, pennant, insignia, device or representation used as or which is in the nature of an advertisement, attraction or direction when located out of doors or on the exterior of any building.
- SIGN AREA
- Includes all faces of a sign measured as follows:
- (1) 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.
- (2) When such sign consists only of letters, designs or figures, engraved, painted or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
- A public way which affords the principal means of access to abutting properties.
- STREET LINE
- The dividing line between a lot and a street.
- A combination of materials to form a construction that is safe and stable, and includes, among other things, stadiums, platforms, radio towers, sheds, storage bins, billboards and display signs.
- The specific purposes for which land or a building is used or occupied or maintained.
- USE, ACCESSORY
- A structure of use incidental to a permitted use authorized within a zoning district and subject to approval by the Building Inspector.
- USE, PERMITTED
- A use of land specifically authorized within a zoning district and subject to approval by the Building Inspector.
- USE, SPECIAL
- A use of land specifically authorized within a zoning district and subject to approval of the Planning Board in accordance with the standards provided for such use.
- YARD, FRONT
- An unoccupied ground area fully open to the sky between the right-of-way of the public street giving access to such lot and a line drawn parallel thereto.
- YARD, REAR
- An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
- YARD, SIDE
- An unoccupied ground area fully open to the sky between any property line other than a street line or rear lot line and a line drawn parallel thereto, and between the front and rear yards.
Editor's Note: The town adopted the New York State Building Construction Code on 11-16-1972.
The Town of Forestburgh is hereby divided into the following classes of districts, the respective symbol for each type of district being set forth opposite its title:
Residential Recreation District
Rural Conservation District
[Added 9-3-1987 by L.L. No. 3-1987]
The boundaries of said districts are hereby established as shown on the Zoning Map, Town of Forestburgh, as adopted by the Town Board, dated July 2, 1973, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter. Said map, indicating the latest amendments, shall be kept up-to-date in the office of the Town Clerk for the use and benefit of the public.
Editor's Note: The up-to-date Zoning Map is on file in the Clerk's office.
District boundary lines, unless fixed by a dimension in feet as shown on the Zoning Map, are intended to follow the center line on rights-of-way, watercourses, property lines or the town boundaries.
Measurements stated on the Zoning Map are perpendicular or radial distances from street lines measured to the zone boundary line, which, in all cases where distances are given, are parallel to the street line.
In all other cases, where dimensions are not shown on the map, the location of the boundaries shown on the map shall be determined by the use of the scale appearing thereon.
No building, structure or land shall hereafter be used or occupied, and no building or part thereof shall hereafter be erected, moved, altered, rebuilt or enlarged, except in conformity with the regulations herein specifically for the district in which it is located.
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.
No yard or lot existing at the time of passage of this chapter shall be reduced in size below the minimum requirements set forth therein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each kind of structure or land.