A.
For the purposes of this chapter, the Town of Shandaken
hereby establishes and divides the town into the following eight zoning
districts:
[Amended 12-28-1992 by L.L. No. 3-1992]
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R5
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Residential District
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R3
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Residential District
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R1.5
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Residential District
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HR
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Hamlet Residential District
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HC
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Hamlet Commercial District
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HB
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Highway Business District
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CLI
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Commercial/Light Industrial District
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FW
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Floodway District
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B.
An additional overlay district is also hereby established:
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FF-O
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Flood-Fringe Overlay District
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C.
These zoning districts are generally described as
follows:
(1)
The R5 Residential District is a very low-density
residential district that generally encompasses the most ecologically
sensitive land areas of the community, based upon their slope, soil
and water-related characteristics. Conservation, recreation and large-lot
residential uses are encouraged.
(2)
The R3 Residential District provides for low-density
rural residential development or moderately sized lots and certain
general, institutional and recreational uses through the special use
permit procedure.
(3)
The Residential R1.5 District is a moderate-density
residential district which generally encompasses the town's less environmentally
constrained acreage, lies in the vicinity of the town's principal
hamlet areas and is readily accessible for permanent residence. General,
institutional and certain limited commercial uses are authorized by
special use permit. This district permits an increase in density for
cluster residential development serviced by central water or central
water and municipal sanitary sewer facilities.
[Amended 12-28-1992 by L.L. No. 3-1992]
(4)
The HR Hamlet Residential District provides for moderate-density
residential development within hamlet centers. This district permits
a reduction in minimum lot area for development serviced by central
water and/or common sewer facilities.
(5)
The HC Hamlet Commercial District may only occur in
areas where municipal water and/or sewers are provided. This district
permits residential, commercial and civic/institutional uses to coexist
at a moderate density and with adequate public services.
(6)
The CLI Commercial/Light Industrial District permits
research, commercial, manufacturing and wholesale activities to occur
under general performance standards.
(7)
The FW Floodway District may be designated by the
Federal Emergency Management Agency (FEMA). No development is permitted
within the floodway, which is defined as "the channel of a river or
other watercourse and the adjacent land areas required to carry and
discharge a flood or given magnitude."
(8)
The FF-O Flood-Fringe Overlay District has been designated by FEMA as a "floodplain area with special flood hazards that is likely to be flooded at least once every 100 years." All development within the FF-O District is subject to special permit review as provided in Article VII of this chapter.
(9)
The Highway Business (HB) District provides for limited
commercial uses within existing business areas outside the principal
hamlet centers of Phoenicia and Pine Hill for the convenience of town
residents and visitors. The overall policy of the town is to encourage
intensive well-designed development within the HB District lands while
discouraging any expansion of the HB District that would nurture more
extensive commercial highway strip development. To the extent practicable,
shared curb cuts, parking areas and signage are encouraged within
the HB District.
[Added 12-28-1992 by L.L. No. 3-1992]
The location and boundaries of said districts
are shown on the "Zoning District Map, Town of Shandaken." Said map,
together with all explanatory matter thereon and all amendments thereto,
is hereby adopted and is declared to be an appurtenant part of the
chapter. Said map shall be kept up-to-date and shall be located in
the Town Clerk's office for the use and benefit of the public. Certified
copies of said map shall also be on file in the offices of the Planning
Board and the Town Zoning Enforcement Officer.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid zoning districts as shown on the
Zoning District Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center lines or right-of-way lines of streets, highways,
railroads, public utility easements or watercourses, said boundaries
shall be construed to be coincident with such lines. Such boundaries
shall be deemed to be automatically adjusted if a center line or right-of-way
line of such street, highway, public utility or watercourse is moved
a maximum distance of 50 feet by action of a person other than the
owner of the affected land area.
B.
Where district boundaries are indicated as approximately
following the town boundary line, property lines, lot lines or projections
thereof, said boundaries shall be construed to be coincident with
such lines or projections thereof.
C.
Where district boundaries are so indicated that they
are approximately parallel to the town boundary line, property lines,
lot lines, right-of-way lines or projections thereof, said boundaries
shall be construed as being parallel thereto and at such distances
therefrom as indicated on the Zoning District Map or as shall be determined
by use of the scale shown on said map.
D.
Where a district boundary line divides a single lot
in a single or joint ownership of record at the time such line is
established, the regulations for the less restricted portion of such
lot may, at the owner's discretion, and with the exception of the
FW Floodway and FF-O Flood Fringe Overlay Districts, extend not more
than 50 feet into the more restricted portion, provided that the lot
has street or highway frontage in the less restricted district.
E.
Where district boundaries are shown to approximately
follow the edge of lakes, reservoirs or other bodies of water, the
mean high-water line thereof shall be construed to be the district
boundaries.
F.
In all other cases, where dimensions are not shown
on the Zoning District Map, the location of the boundaries shown on
said map shall be determined by use of the scale appearing thereon.
The boundaries of the FF-O Flood-Fringe Overlay
and the FW Floodway Districts are established herein as delineated
on the most current edition of the appropriate Flood Hazard Boundary
Map as issued for the Town of Shandaken by the Federal Emergency Management
Agency. Any revisions, amendments or successors thereto are hereby
adopted and made a part of this chapter. The latest edition of said
map shall be kept on file in the offices of the Town Clerk and the
Town Zoning Enforcement Officer for the use and benefit of the public.
Except as hereinafter otherwise provided:
A.
No building, structure or land shall hereafter be
used or occupied and no building or structure or part thereof shall
hereafter be erected, moved, altered, reconstructed or enlarged except
in conformance with the regulations herein specified for the district
in which it is located.
B.
No part of a yard or other open space required in
connection with any building or use shall be included as part of a
yard or other open space similarly required for another building.
C.
No yard or lot existing at the time of the passage
of this chapter shall be reduced in size or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet the minimum requirements established
by this chapter, with such lots established in full conformance with
the requirements of the town's Land Subdivision Regulations.[1]
D.
No off-street parking or loading space required for
one building or use shall be included as meeting, in whole or in part,
the off-street parking or loading space required for another building
or use except as otherwise provided for in this chapter.
E.
No off-street parking or loading space shall be so
reduced in area that it does not meet the minimum requirements of
this chapter.
F.
Within each district, the regulations set forth by
this chapter shall be considered minimum regulations and shall apply
uniformly to each kind of building, structure or land.
G.
Within any residential (R-5, R-3, R-1.5 or HR) district, except as otherwise specifically provided by this chapter in § 116-32 with respect to residential cluster development or in § 116-40W with respect to senior citizen or elderly housing, not more than one principal residence shall be erected on any premises unless each residence is located so that it would conform to all area and bulk regulations of the district in which it is located if a separate lot were created for each residence.
[Amended 12-28-1992 by L.L. No. 3-1992; 4-14-1999 by L.L. No. 1-1999]
