The general area and bulk regulations in each
zoning district are set forth in the attached District Schedule of
Area and Bulk Regulations.[1] This schedule is supplemented, as appropriate, by other provisions of this chapter, including the extraordinary standards for certain special permit uses stated in Article VII.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
Nothing contained herein shall prohibit the
use of an existing lot of record of less than the prescribed lot area
or lot width for the district in which said lot is located, if such
existing lot of record was owned individually and separate from any
adjoining lot or tract at the time of adoption of the town's initial
Zoning Ordinance on May 12, 1976, or any amendment thereto which may
have affected the zoning status of said lot area or lot width, including
this chapter, provided that:
A.
Such lot does not adjoin any other lot, lots or land
held by the same owner whose aggregate area either would be less noncomplying
or is equal to or greater than the minimum lot area required for that
district.
B.
Such lot may not be developed and used for more than
one dwelling unit and its associated accessory structures.
C.
Such use satisfies all applicable requirements of
the Town of Shandaken and the Ulster County Health Department for
potable water supply and sewage disposal facilities.
D.
All other area and bulk regulations for that district
are met.
A.
In all districts where residences are permitted, a
lot held in single ownership may only be improved for residential
use in accordance with the minimum lot area and related bulk regulations
for the district as set forth in the District Schedule of Area and
Bulk Regulations,[1] except as provided in § 116-12 above regarding existing lots of record or as provided in § 116-32 of this chapter regarding residential cluster development, in accordance with the Town of Shandaken Land Subdivision Regulations[2] and § 281 of the Town Law.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
B.
Further, a residential lot of required or greater
than required area as set forth in this chapter shall not be reduced
in area for transfer of ownership if such lot so divided will form
two or more lots any of which shall be less than the minimum lot area
required for the district in which the lot or lots are situated.
A.
The height limitations set forth in the District Schedule
of Area and Bulk Regulations[1] shall not be applicable to the following:
(1)
Flagpoles, radio or television antennas, transmission
towers or cables, agricultural barns and silos and similar features,
any of which shall be restricted to a maximum height of 70 feet above
average finished grade at its base.
(2)
Spires, belfries, chimneys, skylights, water or cooling
towers, parapets or railings, elevators, stair bulkheads, solar collectors,
air-conditioning units or similar structures which in their aggregate
coverage occupy no more than 10% of the roof area of the building
of which they are a part. Such features shall be erected only to such
minimum height as is necessary to accomplish the purpose for which
they are intended.
(3)
The maximum height for telecommunication towers permitted
under this article, including any antennas or other devices extending
above the tower, measured from the original ground level at the base
of the tower, shall be 180 feet.
[Added 5-25-2005 by L.L. No. 3-2005]
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
B.
No structure or other height exception shall be used
as a place for habitation or for advertising not otherwise authorized
by this chapter.
A.
Required front yards. On a corner lot, each street
frontage shall be deemed to be a front street line and the required
yard along each such lot line shall be a required front yard. The
Zoning Enforcement Officer, in consultation with the owner, shall
establish which of the remaining yards shall be the required side
yard and the required rear yard for purposes of this chapter.
B.
Obstructions at street intersections. At all street
intersections no obstructions to vision, such as a fence, wall, hedge,
structure or planting, over three feet in height shall be erected
or installed and maintained on any lot within the triangle formed
by the intersecting street lines or their projections where corners
are rounded and a straight line joining said street lines at points
which are 40 feet distant from their point of intersection measured
along said street lines and/or projections.
A.
The following architectural features of a building
may extend into a required yard, subject to limitations provided herein:
(1)
Ordinary projections of windowsills, belt courses,
cornices, eaves and other architectural features; provided, however,
that such features shall not project more than three feet into any
required yard.
(2)
Chimneys or pilasters.
(3)
Open arbor or trellis.
(4)
Unroofed steps, patios or terraces not less than 20
feet from the highway right-of-way (i.e., front lot line) nor less
than 10 feet from any side or rear lot line, provided that the building
complies with the yard requirements of this chapter; except that in
the H Hamlet District such feature may encroach wholly to the lot
line if determined by the Planning Board under site plan review to
represent no detriment to the public health, safety or welfare.
(5)
Awning or movable canopy not to exceed 10 feet in
height nor projecting more than six feet into any required yard.
(7)
Open fire escapes on the side or rear of a building
and extending not more than eight feet from the principal building
nor closer than five feet to any lot line.
B.
The following accessory structures may be located
in any side or rear yard, subject to the limitations stated herein:
(1)
Private outdoor in-ground or aboveground swimming pool, whirlpool or hot tub not less than 20 feet from the side or rear lot line, except in the HC Hamlet Commercial District, where the less restrictive setbacks of 10 feet shall apply, and which structures shall be fully consistent with the provisions of § 116-35 of this chapter.
(2)
Permitted accessory structure, as defined in § 116-4B of this chapter, provided that:
(a)
No such structure shall exceed 15 feet in height
in any residence district if located within the minimum side or rear
yard required in said district.
[Amended 4-14-1999 by L.L. No. 1-1999]
(b)
No such structure shall be set back less than
10 feet from any lot line nor less than 10 feet from the principal
building.
(c)
All such structures in the aggregate shall occupy
not more than 30% of any required yard.
(d)
No such structure shall project closer to the
fronting street than the principal building on the lot or a distance
of 50 feet, whichever shall be less.
(e)
Not more than three such accessory structures, other than a permitted sign or agricultural buildings, of which no more than one shall be either a private garage or a guest cottage, shall be permitted on an individual lot in a residential district. In the event that the lot exceeds five acres, additional accessory structures, excluding an additional guest cottage, may be sited if a special use permit is granted in accordance with Article VII of this chapter.
C.
A single portable accessory building with a maximum
floor area of 80 square feet may be installed or constructed and utilized
without the issuance of a building permit or certificate of occupancy
or use, provided that:
(1)
The structure does not have a permanent foundation.
(2)
The structure is not served by any utility such as
electricity, gas or plumbing.
(3)
The structure does not exceed eight feet in height.
(4)
The structure is never used for human habitation.
(5)
All other requirements of this chapter related to
accessory structures, including minimum setback requirements, are
fully met.
Where more than one principal building may be
permitted on a lot, no detached principal building shall be located
closer to any other principal building on the same lot than the height
of the taller of said buildings.
[Amended 4-14-1999 by L.L. No. 1-1999]
On streets, roads or highways with less than
a fifty-foot right-of-way, the front setback shall be measured perpendicularly
from the center line of the existing right-of-way with 25 feet added
to the required front yard setback to establish the building line.
In no case, however, shall any front yard in the R1.5, HR or HC Districts
be required to be greater than the average front yard of all structures
on the same side of the street within 200 feet in either direction.
All lots proposed for building purposes in the
Town of Shandaken shall have a minimum lot frontage of 50 feet or
50% of the minimum lot width established by the District Schedule
of Area and Bulk Regulations[1] for the zoning district in which the lot is situated.
Said lot frontage shall be measured along the right-of-way of any
dedicated town, county or New York State highway or along a line 24.75
feet from the center line of any user highway. The width of any lot
shall not be less than its frontage throughout its entire depth leading
to the buildable portion of the lot, i.e., that portion of the lot
with at least the minimum prescribed lot width.
[1]
Editor's Note: The District Schedule of Area and Bulk Regulations is included at the end of this chapter.
Where the side or rear yards of a lot abut a
side or rear yard of a lot in a more restricted zoning district, there
shall be provided along both sides of such abutting lot line or lines
side or rear yards equal to those required in the more restricted
zoning district.
[Amended 12-28-1992 by L.L. No. 3-1992]
No more than 25% of the required minimum lot
area for any lot in any district may be fulfilled by land which is
included within a designated wetland, as delineated by the New York
State Department of Environmental Conservation, which lies under water
or which is subject to periodic flooding under conditions of a one-hundred-year
flood, as delineated by the FF-O District. All minimum front, side
and rear yard requirements must be satisfied by measurement wholly
on dry land, except that, for purposes of this section, land which
is covered by a stream less than five feet in average width at mean
water level, or land covered by a pond not exceeding 150 square feet
in surface area at normal high water level, shall not be considered
as being under water.
