This chapter is hereby adopted pursuant to the authority of Municipal Home Rule Law § 10, the Town Law, and in accordance with the Zoning Code of the Town of Lloyd, New York, Article X, entitled "Amendments."
This chapter governs the use, development and protection of
all land and structures within the Town of Lloyd, New York. This chapter
shall not apply to or affect any structure or premises which shall
or may be erected, altered or used by the Town of Lloyd.
If any section or specific part or provision or standard of
this chapter or the application thereof to any person or circumstance
be adjudged invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of
the remainder of this chapter or the application thereof to other
persons or circumstances, and the Town Board hereby declares that
it would have enacted this chapter or the remainder thereof had the
invalidity of such provision or application thereof been apparent.
If any zoning district boundary that may exist in the future is found
by a court to be invalid for any reason, the decision of the court
shall not affect the validity of any other section, provision, standard,
or district boundary of these regulations except the provision in
question. The other portions of these regulations not affected by
the decision of the court shall remain in full force and effect.
The Town Board hereby declares its legislative intent to supersede
any provision of any local law, rule, or regulation or provision of
the Town Law inconsistent with this chapter. The courts are directed
to take notice of this legislative intent and apply it in the event
the Town has failed to specify any provision of law that may require
supersession. The Town Board hereby declares that it would have enacted
this chapter and superseded such inconsistent provision had it been
apparent.
This chapter is enacted to promote and protect the public health,
safety, convenience, aesthetics, natural, agricultural, and cultural
resources, amenities and general welfare of the people. It is intended
to implement the Town's planning goals and objectives as expressed
in the Town of Lloyd Comprehensive Plan as follows:
A.
Preserve the Town's rural character and enhance quality of life.
B.
Maintain the Hamlet of Highland as the center of the Town of Lloyd.
C.
Maintain agriculture as an important economic activity that contributes
to the community's character.
D.
Enhance the efficiency and safety of the Town's transportation networks,
and preserve the scenic quality of rural roads.
E.
Protect and enhance the quality of the Town's natural, cultural,
historic, and scenic resources.
F.
Promote a diversity of housing types and increase the stock of moderately
priced housing located throughout the community in order to preserve
and promote an economically diverse population and to meet existing
and anticipated future employment and volunteer needs in the Town.
G.
Encourage economic development, consistent with Lloyd's character,
to stabilize the tax base.
H.
Protect the visual quality and aesthetic character of the Town and
preserve the value of land and buildings appropriate to the various
districts established by this chapter.
A.
No building or structure shall be erected, constructed, moved, altered,
located, rebuilt or enlarged, nor shall any land, water or building
be used, designed or arranged to be used, for any purpose except in
accordance with this chapter.
B.
In interpreting and applying this chapter, the requirements contained
herein are declared to be the minimum requirements for the protection
and promotion of the public health, safety, morals, comfort, convenience
and general welfare. This chapter shall not be deemed to affect, in
any manner whatsoever, any easements, covenants or other agreements
between parties, except that where this chapter imposes a greater
restriction upon the use of buildings or land or upon the erection,
construction, establishment, moving, alteration, location or enlargement
of buildings than is imposed by easements, covenants or agreements,
or by public ordinances, rules, regulations, licenses, certificates
or other authorizations, the provisions of this chapter shall prevail.
C.
Except in the R-2, R-1, R-1/2, and R-1/4 Districts, nothing herein
shall be interpreted as precluding more than one permitted principal
or accessory use on the same lot, so long as such multiple uses are
consistent with the standards of this chapter.
D.
Except as otherwise specifically provided by this chapter, there
shall be no more than one principal building or use and its accessory
structures or uses on any one lot within the R-2, R-1, R-1/2, and
R-1/4 Districts.
E.
Except as otherwise specifically provided by this chapter, there
shall be no more than one single-family dwelling or one two-family
dwelling on any one lot within the Agricultural District.
A.
All words used in the present tense include the future tense, and
all words in the singular number include the plural number, and vice
versa.
B.
The word "person" includes corporations and all other legal entities;
the words "lot," "plot," "tract of land," and "premises" shall include
land and buildings thereon; the word "building" shall include "structure"
and vice versa; and the word "occupied" or "used" shall be considered
as though followed by the words "or intended, arranged or designed
to be used or occupied" unless the natural construction of the wording
indicates otherwise.
C.
The word "shall" is always mandatory.
D.
Unless otherwise specified, all distances shall be measured horizontally.
E.
The word "Town" means the Town of Lloyd; the term "Town Board" means
the Town Board of the Town of Lloyd; the term "Town Clerk" means the
Town Clerk of the Town of Lloyd; the term "Code Enforcement Officer"
means the Code Enforcement Officer of the Town of Lloyd; the term
"Board of Appeals" means the Zoning Board of Appeals of the Town of
Lloyd; the term "Planning Board" means the Planning Board of the Town
of Lloyd; and the term "Comprehensive Plan" refers to the plan adopted
by the Town Board pursuant to New York Town Law § 272-a.
