No building or structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land, building or structure be used, designed, or arranged to be used, for any purpose other than as specified in this chapter for the district in which such building, structure or land is located.

In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the reasons set forth in Article I, Purposes, of this chapter. This chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the following general regulations shall apply.

Lot for every building. Every building hereafter erected shall be located on a zoning lot of certain size and dimension as herein defined and there shall be not more than one principal building on each such lot, except as specifically permitted elsewhere in this chapter. If more than one such lot is located on a piece of property, each lot must meet the requirements of this chapter.

Yard and open space for every building. No yard or other open space provided about any building, for the purpose of complying with the provisions of these regulations, shall be included as any part of the yard or open space for any other buildings; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot unless it is a conservation subdivision pursuant to § 155-8, New York State Town Law § 278, and Chapter 133, Subdivision of Land.

Subdivision of a lot with a building. Where a lot is hereafter formed from the part of a lot or parcel already occupied by a building, such separation shall be effected in such manner that each lot thus created conforms to all of the requirements of this chapter. The parcel already occupied by a building shall be considered one lot and counted towards the total number of lots used to determine a major or minor subdivision.

Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel, because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of the chapter shall be applied.

Lots under water or subject to flooding. No more than 30% of the minimum area requirement of a lot may be fulfilled by land which is under water or subject to periodic flooding. All minimum front, side, and rear yard requirements must be satisfied by measurement on dry land. For purposes of this paragraph, land which is covered by a stream not exceeding five feet in average width at mean water level, or land covered by a pond not exceeding 15 feet in greatest dimension or 150 square feet in area at normal high-water level, shall not be considered as being under water.

Lots bordering major streams. No zoning permit shall be issued for the construction or enlargement of any permitted or accessory use in any district within 100 feet of normal water edge of the Esopus, Little Beaverkill and Bushkill streams unless specifically regulated in the manner required in §§ 155-18 and 155-25A of this chapter.

Except in an approved conservation subdivision, no zoning permit shall be issued for any structure unless the lot upon which that structure is to be built has a frontage of at least 25 feet on a street or highway, as defined by the New York State Town Law, Article 16, § 280-a, in the Consolidated Laws of New York, which street or highway shall have been suitably improved, or a bond posted therefor, to the satisfaction of the Town Board or Planning Board, as provided in said § 280-a. Access via easement or right-of-way shall be as required by Subdivision 4 of § 280-a. Reference Town of Olive Code Appendix Chapters A159 and A160.

New buildings on lots less than the minimum area. A zoning permit may be issued for the erection of a building or structure upon a lot or parcel which has an area less than that required for the district in which such lot or parcel lies, providing that said lot or parcel is within a conservation subdivision or has met the minimum area requirements of the Town of Olive Zoning Law if said lot or parcel was created during the effective period of said Town of Olive Law, further providing that all yard setbacks and other requirements which are in effect at the time of the obtaining of the zoning permit are complied with insofar as such is feasible, and further providing that the owner of such lot or parcel does not own other lots or parcels contiguous thereto. If this be the case, such other lots or parcels, or so much thereof as might be necessary, shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a permit may be issued, but only for such combined lots or parcels, even though their total be less in area than required by this chapter for the district in which they lie.

Exemption of lots on approved subdivision plats. Lot areas and dimensions shown on subdivision plats approved and filed by the Town of Olive Planning Board shall be exempt from the minimum area and dimension requirements of this chapter.

Average density subdivisions. Simultaneously with the approval of a subdivision plat, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district, and that there shall not be a greater average density of housing units, or cover of the land with buildings, than is permitted in such district. For the purposes of this section, "average density" shall be determined by the number of single-family residences which could be built under the zoning district standards in full conformity with the Town's subdivision regulations,[1] and the applicant may be required to furnish a sample layout of single-family homes to determine this number.

Conservation subdivisions. Simultaneously with the approval of a subdivision plat and pursuant to § 278 of the New York State Town Law and Chapter 133, Subdivision of Land, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions and approve a conservation subdivision. In such approval, there shall not be a greater average density of housing units, or cover of the land with buildings, than is permitted in such district. Density shall be determined by the number of single-family residences which could be built under the zoning district standards in full conformity with the Town's subdivision regulations. The applicant may be required to furnish a sample layout of single-family homes to determine this number (a yield plan).

Record of zoning modifications. Each approved modification of the Town's subdivision and zoning regulations, as may be approved in this section, shall be noted specifically on the subdivision plat, which plat may be filed in the office of the County Clerk as required by law. Upon the filing of said plat in the office of the County Clerk, a copy of the plat shall be filed with the Town Clerk and approved modifications shall be recorded as part of this chapter.

Terraces and porches. A paved terrace shall not be considered in the determination of yard size or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high. Such terraces shall not project into any yard to a point closer than 25 feet from any lot line. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in the determination of the size of yard or amount of lot coverage.

Fire escapes and other projecting architectural features. The space in any required yard shall be open and unobstructed, except for fire escapes and the ordinary projection of architectural features such as window sills, bay windows, cornices and eaves, and other structures which may be specifically permitted in this chapter.

Projecting features above the roof level. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, silos, and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, television antennas or similar features, and necessary mechanical appurtenances usually carried above the roof level, except as such may be specifically modified by other provisions of this chapter. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve. Parapets or cornices, used for ornamentation and without windows, may extend above the roof level not more than five feet.

Walls and fences. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall, nor to prohibit any fence or wall, provided that in any residence district no fence or wall shall exceed six feet in height, measured above the adjoining finished grade.

Corner lots. On a corner lot in any residence district, there shall be provided a side yard on the side street equal in depth to the required front yard. A rear yard shall be provided on each corner lot, and the owner shall elect which yard is the rear yard.

Visibility at intersections. On a corner lot, no fence, wall, hedge, or other structure or planting shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are 30 feet in distance from the point of intersection, measured along said street line in any manner which would substantially block the view from one street to the other within an area three feet to eight feet above the average ground level along the street right-of-way lines.

Exception for existing alignment of buildings. If on one side of a street within a given block, and within 150 feet of any lot, there is a pronounced uniformity of alignment of the fronts of existing buildings and of the depth of front yards greater or less than the depths specified in the schedule of regulations,[1] a front yard shall be required, in connection with any new building, which shall conform as nearly as practicable with those yards existing on the adjacent lots, except that no such building shall be required to set back from the street a distance greater than 50 feet unless otherwise required in this chapter.

Continuing existing uses. Except as otherwise provided in this section, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued, although such use does not conform to the standards specified by this chapter for the zone in which such land or building is located. Said uses shall be deemed preexisting uses.

Preexisting use of land. Where no building or structure is involved, the preexisting use of land may be continued, provided, however:

Preexisting use of buildings.

Preexisting, other than use. A building which, at the time of adoption of this chapter, is conforming in use but which does not conform to the height, yard, land coverage, parking or loading space requirements of this chapter, shall not be considered to be nonconforming within the meaning of Subsection C. Any lot legally existing at the time of adoption of this chapter, but which does not comply with the area and dimension requirements of the district within which it lies, shall not be considered nonconforming. No permit shall be issued that will result in the increase of any of the above nonconformities, except with the approval of the Board of Appeals.

Restoration of damaged and/or destroyed buildings. If any building legally preexisting in use is destroyed or damaged, it may be repaired or reconstructed as permitted in Subsection C of this section. All repairs or reconstruction for such preexisting use shall be completed within two years of the date on which the destruction occurred.

Preexisting uses subject to additional requirements. In order to bring about the gradual conformance of various incompatible uses to the requirements of this chapter, the following requirements are established:

Completion of buildings under construction. Any building, the construction of which has been started before the effective date of this chapter or of an amendment thereto, and the ground story framework of which, including the second tier of beams, has been completed within one year after the adoption of this chapter or amendment thereto, may be completed in accordance with plans on file with the Zoning Inspector, provided that such construction is diligently prosecuted and the building is completed within two years of the adoption of this chapter.

Existing special uses deemed conforming. Any use lawfully existing at the time of the adoption of this chapter, or of any amendments thereto, in the district in which such use is classified herein as a special use, shall, without further action, be deemed to be a conforming use in such zone.

A home occupation may only be conducted within a dwelling which is a bona-fide residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use, but not both. For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a permitted Class 1 home occupation; those home occupations occurring in an accessory building shall be considered Class 2 home occupations which may only be authorized by special use permit.

Not more than one such home occupation, whether Class 1 or Class 2, may occur on a single residential premises, with Subsections C, E and H below applying to either single home occupation.

The home occupation activity shall not occupy more than 25% of the total floor area; and in no event more than 500 square feet of floor area of the dwelling and shall be in accordance with Part 1241 of the New York State Fire and Building Code or as the same may be amended.

Except for articles produced, repaired or restored on the premises, no stock in trade shall be displayed or sold on the premises.

No alteration to the exterior of the principal residential building shall be made which changes the character thereof as a dwelling, except that a single sign, not exceeding two square feet in area, shall be permitted.

No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home or which may be associated with a hobby or avocation.

No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted.

Not more than two persons other than members of the household occupying such dwelling shall be employed in the conduct of the home occupation.

There shall be permitted no sharing, letting or subletting of space for use by others in conduct of their profession, trade or business.

Sufficient off-street parking shall be provided.