Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
[Amended 5-11-2010 by L.L. No. 7-2010; 12-22-2014 by L.L. No. 8-2014]
The Town of Fallsburg is hereby divided into the classes of zoning districts listed below, excluding the incorporated Village of Woodridge.
Table 1
Zoning Districts
Low-Density Residential/Recreation
Low-Density Residential/Recreation
Hamlet Residence
Neighborhood Business
Mixed Use
Light Industrial
Heavy Industry
Planned Unit Development
Planned Resort Destination
Adult-Oriented Business Overlay
O&W Rail Trail Overlay District
Residential Overlay
Residential Overlay District
The boundaries of the said districts are hereby established as shown on the Zoning Map, Town of Fallsburg, and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Town Clerk for the use and benefit of the public.[1] The specific provisions of the REC-1 Residential, O&W Rail Trail Overlay and Adult-Oriented Business Overlay Districts are provided in Article XXIX, Overlay District Standards.
Editor's Note: A copy of said map is also included at the end of this chapter.
In determining the boundaries of the districts shown on the map, the following rules shall apply:
Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways, or present or former railroad rights-of-way or such lines extended, such center lines shall be construed to be such boundaries.
Where such boundaries are indicated as approximately following the property lines of publicly owned lands, such lines shall be construed to be such boundaries.
Where a district boundary line divides a lot of record at the effective date of this chapter, or any subsequent amendments thereto, the regulations for the less restrictive part shall extend into the more restrictive part for the entire lot, providing that at least 50% or more of the lot is in the least restrictive zone.
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.
Where natural or man-made features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered in Subsections A through E hereinabove, the district boundaries shall be interpreted by the Zoning Board of Appeals.
District boundary. If a property is annexed into the sewer and water districts, the applicant may request to the Town Board and Planning Board that an existing adjacent zoning district may be extended to include the annexed parcels.
Following the effective date of this chapter:
No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements, and restrictions specified herein for the district in which such building or land is located.
No yard or open space required in connection with any building or use shall be considered as providing a required yard or open space for any other building or on the same or any other lot.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such buildings and lot comply with all the provisions of this chapter.
Nothing contained in this chapter shall require any change in the plans, construction, or designated use of a building complying with local laws in force prior to the adoption of this chapter, if the following is found to exist:
A building permit or certificate of occupancy shall have been duly issued prior to the date of first publication of notice of the public hearing on this chapter; and
The entire building shall have been completed within one year from the effective date of this chapter, in accordance with such plans as have been filed with the Town.
Any use not permitted by this chapter shall be deemed to be prohibited.
The restrictions and controls intended to regulate development in each district are set forth in Schedule I, Table of Use and Bulk Requirements, included at the end of this chapter which is then supplemented by other sections of this chapter and other laws of the Town of Fallsburg. Any use identified as a permitted use shall be permitted as a matter of right upon application to the Code Enforcement Officer, provided the proposed use is in compliance with these regulations. Special uses are subject to site plan review and, specifically, Planning Board approval as prerequisites to the Code Enforcement Officer issuing a permit for their establishment. Accessory uses are permitted to accompany or precede permitted and special uses and permits for these uses shall be issued directly by the Code Enforcement Officer.
Whenever any owner or occupant of property in the Town of Fallsburg shall, for any purpose or in any manner propose to: establish a new use; clear, excavate or grade land for purposes of making permanent structural improvements to a property; change an existing use; make permanent structural improvements to a property; erect a new building; or move, alter, add to or enlarge any existing land use or building, then such owner or occupant shall first comply with the requirements of this law and obtain a building permit, unless specifically exempted from such requirements by this chapter. A building permit shall be required whenever a change in land use occurs, regardless of whether any new construction is involved or not. However, agricultural harvesting and tilling shall be exempt from all permit requirements.