Olive City Zoning Code
ARTICLE IV
District Regulations
§ 155-16 Schedules of regulations.
The schedules of regulations following, which define the use of land and buildings, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking space, loading space, and all other matters contained therein, as indicated for the various districts of this chapter, are hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter. The regulations listed for each district, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application.
§ 155-17 Schedule of residence and business district uses.
[Amended 6-17-1980; 2-6-1996 by L.L. No. 1-1996; 5-6-1997 by L.L. No. 1-1997; 7-13-2021 by L.L. No. 2-2021]
No building, structure or premises shall be used, and no building or group of buildings, or part of a building or structure, shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more of the uses set forth below. Only those uses listed as being permitted in a specific district shall be permitted in that district. All uses except single-family and two-family homes shall obtain site plan review and approval by the Planning Board before the issuance of a zoning permit. In addition, a use marked with an asterisk (*) is subject to the special permit standards and site plan review procedures set forth in § 155-18.
A.
Permitted principal uses in Residential/Conservation R/C-10A Districts.
(2)
Timber harvesting, forestry management, saw mills, sand, gravel, shale and stone quarrying*, farm use, farm produce stands, nurseries and greenhouses, provided that no unenclosed storage of manure, odor- or dust-producing substance or use shall be permitted within 100 feet of any street or residential property line.
(3)
Tourist home, or boardinghouse.
(4)
Day nursery or nursery school.
(5)
Kennel* and the raising, breeding, training, care and boarding of dogs for sale*.
(6)
Private nonprofit membership club*.
(7)
Subject to the rules and regulations of the Public Service Commission of the State of New York, utility transmission lines*, unit substations* and public utility structures*.
(8)
Governmental use*.
(11)
Commercial recreation uses*, specifically oriented toward the use of mountain land, such as ski areas, ski tows, horse riding trails, including travel trailer or camping trailer parks or sites.
(12)
Park*, reservation* and/or recreation facility*.
(13)
Common facilities and/or systems for public and/or private water supply and sewage disposal.
(14)
Commercial radio*, television* and other similar electronic transmission structures*.
(15)
Commercial recreation uses including but not limited to resort hotels*, commercial camps for seasonal residence only*, resort ranch*, resort lodge*, bungalow colony*.
B.
Permitted principal uses in Residential/Rural R/R-3A Districts.
(1)
All uses as permitted above.
(2)
Church, synagogue, cemetery*.
(3)
Public school, private* and/or parochial schools*, provided such schools meet the standards as required by the State Education Department for a public school.
(4)
College*, library*, museum*.
(5)
Religious* and charitable institution*.
(6)
Hospital*, nursing* or convalescent home*.
C.
Permitted principal uses in Residential/Exurban R/E-1A Districts.
(1)
All uses as permitted above.
D.
Permitted accessory uses in all residential districts.
(1)
Office or studio of a physician, dentist, artist, architect, engineer, surveyor, lawyer, public accountant, real estate, insurance or other broker, when conducted in a dwelling by the inhabitant thereof, with not more than two nonresident employees.
(2)
Customary home occupation.
(3)
Private garage for the enclosed parking or storage of motor vehicles owned by the occupant.
(4)
Off-street parking areas for automobiles, and up to three commercial vehicles in use by the occupant of said property to derive a source of income. This shall be deemed to include school buses.
(a)
All commercial vehicles 18,000 pounds or larger, including school buses, shall meet the following conditions and setbacks:
[1]
All outdoor parking and storing of vehicles shall be a minimum distance of 75 feet from adjoining property owner's residential structures. If the requirement of 75 feet cannot be met, then the minimum standards as set forth in the Schedule of Residence and Business and Industry District Standards[1] shall apply, except for front yard setbacks.
[1]
Editor's Note: Said Schedule is included at the end of this chapter.
[2]
Hours of operation shall be within the user's normal working hours.
[3]
Operation of diesel engines shall be as set forth in New York State Environmental Conservation Law.
(5)
Parish house, rectory, church school rooms or similar facility.
(6)
Signs, not exceeding two square feet in area, pertaining to a use permitted in the district, including sale or lease or rent signs, but excluding off-premises advertising signs, such as billboards. Community names or title signs and signs approved in accordance with § 155-8*. In addition, signs pertaining to any permitted principal nonresidential use* on the same lot, but not exceeding two signs with a total area of nine square feet. Signs shall be nonmoving, and, if lighted, shall be nonflashing and white light. Light sources shall be shielded.
(7)
A gate house*, guest house*, caretaker's cottage*, camp or travel trailer or similar accessory uses to a residential estate use.
(8)
Man-made swimming pools. Any such pools having a depth at any point of three feet or more and a surface area of 150 square feet shall meet minimum yard setback requirements. Any such pool having less than three feet of height at any point above ground shall be surrounded with a substantial fence, such as a chain link fence, at least three feet in height, with a gate entrance with locking mechanism.
(9)
Accessory apartments. Apartments accessory to the principal permitted residential use of a building are permitted in all districts, subject to the regulations and standards set forth below. It is the intent of this provision to expand affordable housing opportunities in the Town of Olive. To expedite the process, accessory apartments are considered as of right and therefore site plan approval by the Planning Board is not required. However, the Code Enforcement Officer may refer certain applications to the Planning Board if the site presents challenging design issues.
(a)
Lot area. An accessory apartment complying with the following standards shall not require any increase in lot area.
(b)
Owner occupancy. The owner of the property on which an accessory apartment is located must be an occupant of either the principal residence or the accessory apartment.
(c)
Apartment location. An accessory apartment shall be in the principal dwelling or in a separate structure on the same lot.
(d)
Lot size. The lot must be at least one acre in area to allow a dwelling unit plus and accessory apartment located in the maim dwelling or a separate structure as an accessory apartment.
(e)
Apartment size. The maximum floor area for an accessory apartment shall not exceed 1,000 square feet. The accessory apartment shall have no more than two bedrooms. The ZBA may modify, subject to appropriate conditions, the requirements of these regulations relative to the floor area and number of bedrooms of an accessory apartment where it determines that apartment size of more than 800 square feet or more than two bedrooms is appropriate due to specific characteristics or features of the building, and when such increase will not adversely affect public health, safety and general welfare of the Town.
(f)
Number of accessory apartments. There shall be no more than one accessory apartment or a total of two dwelling units per lot permitted under this subsection.
(g)
Water and sewer service. Prior to the issuance of a building permit for the establishment of an accessory apartment, approval of the proposed method of water supply and sewage/waste water disposal shall be obtained.
(h)
Off-street parking. At least one additional off-street parking space shall be provided for the accessory apartment. In no case shall there be parking space for less than a total of three cars on the property.
(i)
Recommended maximum rent should be no more than the US Housing and Urban Development (HUD) established fair market rent for a period of at least five years.
(10)
Any other accessory building or use considered by the Zoning Board of Appeals to be customarily incidental to any of the related principal uses herein and to be located on the same lot, or on a separate lot.
E.
Permitted principal uses in Business/Village B/V-1/2 Districts.
(1)
Single-family residences on lots of one acre per dwelling in size.
(2)
All uses as permitted and regulated in the R/E-1A District above.
(3)
In addition to Subsection E(1) and (2) above, on 1/2 acre lots, retail and personal service businesses* designed to meet the day-to-day and convenience type needs of the townspeople primarily such as food, clothing, soft goods, hardware and other merchandise stores, business and professional offices, cultural, social and artistic enterprises and facilities, and other uses deemed similar and appropriate by the Board of Appeals. Such uses may be provided individually or in combined groups as convenience or community shopping centers*.
F.
Permitted principal uses in Business/Highway B/H-1/2 Districts.
(1)
All uses as permitted and regulated in Subsection E(3) above, except that a special permit shall not be required.
(2)
On additional or separate lots of 1/2 acre or more:
(a)
Stores and shops for the conduct of retail business, banks, restaurants and other places serving food and beverages, professional and business offices, buildings and establishments for the performance of various personal services.
(b)
Motels, resorts and associated amusements and recreation activities.
(c)
Preparation, processing or manufacture of goods or products primarily for retail sale on the premises, such as baking, laundry and dry cleaning.
(d)
Wholesale and storage business, building material storage and supply, and building, plumbing, electrical and similar contractor's establishment*.
(e)
Motor vehicle sales, repair and service, not including unenclosed storage of junked cars or car parts.
(f)
Commercial uses designed to serve the transient public and recreation- or resort-oriented travelers, such as restaurants; gas stations, auto sales and services; motels, seasonal cottages, hotels and ski lodges; commercial recreation facilities; and other uses deemed similar and appropriate by the Board of Appeals.
(g)
Light industrial or manufacturing use*, including fabrication, converting, processing, altering, assembly or other handling of products (which uses normally will not cause or result in any dissemination of noise, vibration, excessive light, dust, smoke, gas, fumes, odor, or other measurable atmospheric pollutant beyond the boundaries of the site on which the use is located; menace by reason of fire, explosion, atomic or induced radiation or other physical hazard; harmful discharge of waste materials; or unusual traffic hazards or congestion due to the type and number of vehicles associated with such use).
G.
Permitted accessory uses in all commercial districts.
(1)
Signs affixed to a building pertaining to a permitted use conducted on the lot where such signs are displayed, provided such signs do not face any lot line of any adjoining lot in a residential zone if within 50 feet of said lot. Total on-building sign area shall not exceed 1.5 square feet for each linear foot of building frontage and shall not project into any street. Freestanding signs shall not exceed 45 square feet per side in area, and shall not exceed two sides. All freestanding signs shall be set back from all property lines a distance at least equal to their maximum height or 10 feet, whichever is greater. Only one freestanding sign shall be allowed per business or combination of businesses on one commercial parcel, regardless of size.
(2)
Nonflashing exterior spot lighting or other illumination of buildings, signs or grounds, except that all light sources shall be shaded so that they shall not be visible from the street or adjacent residential lots. Exposed neon light sources shall not be permitted.
(3)
Parking area and loading space for motor vehicles pertaining to the permitted uses.
(4)
Any other use considered by the Zoning Board of Appeals to be customarily incidental to a permitted principal use.
H.
Permitted affordable senior citizen housing use in all districts. Application may be made to the Planning Board for site plan and/or special permit approval of a residential cluster development which provides affordable senior citizen housing whose residential units contain one bedroom or less and are served by private water supply and sewer systems approved by all government agencies as may be required.
(1)
Lot, yard, frontage and density regulations.
(a)
The minimum project area shall be five acres.
(b)
Frontage for access to a state, county or town road shall be required.
(c)
Residential units may be attached or detached with designs to be approved by the Planning Board and consistent with density requirements.
(d)
Residential structures shall be consistent with lot, yard and height requirements as provided for under the Schedule of Residence and Business and Industry District Standards[2] for R/E-1A Residential/Exurban - 1 acre per dwelling unit.
[2]
Editor's Note: Said Schedule is included at the end of this chapter.
(e)
Density bonus of up to 100% as provided for under § 155-2, Classes of districts, for R/E-1A Residential/Exurban - 1 acre per dwelling unit, shall be available.
(f)
Area available for calculation of allowable density shall only include 50% of area of lands designated as state or federal wetlands or within the one-hundred-year floodplain as shown on the most recent FIRM map and/or land having slopes greater than 25%.
(2)
Planning Board review. Required information and Planning Board review shall be as set forth in § 155-19, Application for site plan and/or special permit approval.
(3)
Proof of affordability. Compliance with affordability, as defined herein, shall be furnished by the applicant.
(4)
Proximity to community services and businesses. Proximity to community services and business shall be reasonable taking into consideration available community and/or public transportation services.
(5)
Traffic and parking.
(a)
Off-street parking shall be provided on the same lot in accordance with § 155-29 of this chapter.
(b)
Off-street parking shall not be located in a front yard or any other yard abutting a street, except in a driveway, and shall be screened from adjacent properties by a fence, wall or vegetative buffer at least six feet in height.
(c)
Vehicular entrances and exits shall be clearly visible from the street and at least 75 feet from any street intersection.
(d)
Traffic generated shall not add undue traffic volumes onto town roads serving single-family residential areas.
(e)
Access roads shall provide for suitable provision of public transportation including adequate turnaround and dropoff areas.
(f)
All pedestrian access facilities shall be stable, firm and slip-resistant.