Shandaken City Zoning Code
ARTICLE V
Area and Bulk Regulations
§ 116-11 District Schedule of Area and Bulk Regulations.
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.
§ 116-12 Existing lots of record.
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.
§ 116-13 Minimum lot area per dwelling unit.
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.
§ 116-14 Height exceptions.
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.
§ 116-15 Corner lots.
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.
§ 116-16 Architectural features and accessory structures permitted in required yards.
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.
§ 116-17 Distance between principal buildings on same lot.
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.
§ 116-18 Modification of front setbacks.
[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.
§ 116-19 Minimum lot frontage.
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.
§ 116-20 Transition requirements between zoning districts.
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.
§ 116-21 Lands designated as freshwater wetlands, under water or subject to periodic flooding.
[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.