Shandaken City Zoning Code
ARTICLE III
Establishment of Zoning Districts
§ 116-5 Enumeration of districts.
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]
R5 | Residential District |
R3 | Residential District |
R1.5 | Residential District |
HR | Hamlet Residential District |
HC | Hamlet Commercial District |
HB | Highway Business District |
CLI | Commercial/Light Industrial District |
FW | Floodway District |
B.
An additional overlay district is also hereby established:
FF-O | Flood-Fringe Overlay District |
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]
§ 116-6 Zoning District Map.
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.
§ 116-7 Interpretation of district boundaries.
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.
§ 116-8 Delineation of flood hazard zones.
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.
§ 116-9 Application of district regulations.
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]