Town of Forestburgh, NY
Sullivan County
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Table of Contents
Table of Contents
A. 
Nothing shall prohibit the use of a lot of less than the prescribed area or width when such is owned individually or separately from any adjoining tract at the time of enactment of this chapter, provided that no side or rear yard shall be less than 15 feet.
B. 
The height limitations of this chapter shall be waived for farm structures, private home antennas, chimneys, spires, flagpoles, water towers or elevator enclosures.
C. 
The required lot depth at any point may be decreased by 25% if the average lot depth conforms to the minimum required.
A. 
Front yard setbacks are required on both street frontages, and one yard other than such front yards shall be deemed to be the rear yard and the other, the side yard.
B. 
A permitted accessory building may be located in any required side yard or rear yard provided that the building does not occupy more than 30% of such required yards and does not intrude upon the required front yard.
The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, except non-conforming farm structures, which buildings and uses do not conform to the requirements set forth in this chapter, and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter.
A. 
Nonconforming uses:
(1) 
May continue indefinitely.
(2) 
Shall not be changed to another nonconforming use without approval of the Planning Board, and then only to a use which is of the same or a more restricted nature.
(3) 
Discontinuing a nonconforming use on property formerly subject to a nonconforming use if such use was abandoned for a period of one year or more.
[Added 2-6-1986 by L.L. No. 1-1986]
B. 
Nonconforming buildings or structures:
(1) 
Shall not be extended or enlarged.
(2) 
Shall not be moved to another location where such building or structure would also be nonconforming.
(3) 
May be restored but not enlarged after damage by fire, accident or other acts of God and the nonconforming use reinstated, provided that the restoration is completed within one year after such damage.
C. 
Normal maintenance and repair, alteration, reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to other district regulations, is permitted if same does not increase the degree of, or create any new, nonconformity with such regulations for such building.
D. 
Nothing shall prevent normal maintenance and repair of any building or structure or the carrying out, upon that issuance of a building permit, of major alterations or demolition necessary in the interest of public safety.
A. 
The following shall be the off-street parking requirements:
Use
Parking Spaces Required
Dwelling
2 per dwelling unit
Hotel or motel
1 per guest room
School
1 for each 12 classroom seats
Home occupation
1 per 100 square feet of floor area devoted to such activity
Physician or dentist office or clinic
3 for each doctor or dentist plus 1 for each employee
Retail or service store
1 per 100 square feet of floor area
Office
1 per 150 square feet of floor area
Eating and drinking places
1 for each 5 patrons, plus 1 for each employee
B. 
For uses not specifically listed, the Planning Board shall determine the requirement.
C. 
Parking space standards.
(1) 
For the purposes of computing the number of parking spaces available in a given area, a ratio of 300 square feet per parking space shall be used.
(2) 
All open parking areas shall be properly drained, and all parking areas providing more than 10 spaces shall be provided with a dustless surface.
(3) 
Required off-street parking spaces may be provided on the same lot as the main use or within 500 feet walking distance.