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Local Law #2 Amending Chapter 155 Zoning Code was approved by the Town Board on July 13, 2021
Amending Olive Zoning Code Chapter 155 as follows:
155-7F Buildings, uses and lots.
Change 75 feet to 100 feet.
F. 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.
155-7G Buildings, uses and lots.
Change “Town Law 280-a, Article 16, Chapter 62” to “Town Law, Article 16, section 280-a in the” Add to end of paragraph: reference Olive Code appendices A159 and A160.
G. Required street frontage. 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 Town Law, Article 16, section 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 Olive Code appendices A159 and A160.
155-14 Minimum dwelling unit size.
Add sentence to end of paragraph:
However, tiny houses 400 square feet or less of floor space as defined in the 2020 International Residential Code Appendix Q Tiny Houses (or latest edition) are allowed in all districts.
No building or structure in any district, used for year-round or permanent residence purposes, and erected or created by alteration subsequent to the adoption of this chapter, shall have a usable floor area less than 600 square feet. Such usable floor area shall include all floor area used for human occupancy within the exterior walls of the building, but shall not include open porches or breezeways, garages, basements, or uninhabitable or unfinished attic space. However, tiny houses 400 square feet or less of floor space as defined in the 2020 International Residential Code Appendix Q Tiny Houses (or latest edition) are allowed in all districts.
155-17 Schedule of residence and business district uses.
5th line remove the word principal
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.
155-17-A-1 Schedule of residence and business district uses.
Change to read single-family and two-family dwelling.
A. Permitted principal uses in Residential/Conservation R/C-10A Districts.
1. Single-family, and two-family dwellings, on individual lots or in accordance with §155-8 (also see § 155-10);
155-17-D Schedule of residence and business districts
D. Permitted accessory uses in all residential districts.
Change number (9) to as follows and
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 1000 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.
155-17-D. Permitted accessory uses in all residential districts.
Change (9) to be (10)
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.
155-18- Uses requiring special permit and/or site plan approval.
C. Change from “All principal uses except single-family homes” to “All uses except single-family and two-family homes”
C. All uses except single-family and two-family homes shall require site plan approval before the issuance of a zoning permit and no building development or site work of any sort shall be conducted prior to or shall be carried out except in conformity with such approval and its conditions.
154-18 Uses requiring special permit and/or site plan approval.
E. Retention of Professional Consultants
In the event the Planning Board deems it necessary, it may retain professional consultants to aid said Planning Board in arriving at decisions concerning any particular site plan. The fee of the professional consultant shall be paid by the applicant whose site plan is being reviewed by said professional consultant. A deposit of 50% of the estimated fee is required from the applicant or his agents at the beginning of each phase of review by the Planning Board. The applicant may appeal the decision of the Planning Board under the provisions of this section to the Town Board.
154-19 Application for site plan and/or special permit approval.
First paragraph change “six” to “ten”
Any application for site plan and/or special permit approval shall be made, in writing, to the Zoning Inspector two weeks before the regularly scheduled Planning Board meeting at which the application is to be referred to the Planning Board, and shall be accompanied by, but not limited to, the following information in ten complete copies:
154-20 Referral of application to Planning Board. [Amended 6-2-1987 by L.L. No. 1-1987]
Change from “Each special permit” to “Each site plan and/or special use permit”
Delete “which decision shall be rendered to the Zoning Inspector within 60 days of said referral date”
Change comma to a period after the word thereon.
Each site plan and/or special use permit application, together with the required map and plan and certified as to the degree of completeness of information required in § 155-19, shall be referred to the Planning Board by the Zoning Inspector at the following regularly scheduled Planning Board meeting for a decision thereon.
155-25 Individual standards for certain special permit use
Change from “A. Additional requirements for permitted uses in floodplain areas.” to “A. Additional requirements for permitted uses in floodplain areas (reference Olive Code Chapter 97)”
Additional requirements for permitted uses in floodplain areas (reference Olive Code Chapter 97)