This chapter shall be known and may be cited as the "Zoning
Law of the Town of Austerlitz, New York."
A.
This chapter is adopted pursuant to Article 16 of the Town Law of
the State of New York and § 10 of the Municipal Home Rule
Law in order to protect and promote the health, safety and welfare
of the community. The regulations, administrative procedures, enforcement
mechanisms and penalties have been prescribed to implement the policies
of the Town of Austerlitz Comprehensive Plan, dated August 12, 2004,
as may be edited and amended by the Town of Austerlitz.
B.
Purpose:
(1)
To provide a flexible system of land use regulation that enables
the Town to grow while preserving its most important natural resources
and the natural character of the Town.
(2)
To recognize the unique characteristics of the landscape, the needs
of the people of the Town, and the purposes articulated in this article
and in the Comprehensive Plan.
(3)
To maintain existing patterns of mixed-use economic activity by encouraging
home occupations and welcoming appropriately scaled business uses
throughout the Town.
(4)
To minimize negative environmental impact of development, especially
in visually and environmentally sensitive areas such as higher elevations,
scenic viewsheds, steep slopes, erodible soils, stream corridors,
wetlands, aquifers, floodplains, and active farmlands.
(5)
To protect such existing features as wooded areas, ridgelines, agricultural
land, waterways, groundwater and surface water supplies, ecological
systems, wetlands, and natural vegetation and to maintain areas of
contiguous open space in their current undeveloped state in order
to preserve the predominantly rural character of the Town.
(6)
To enable landowners to make beneficial use of their land, provided
such use balances the rights of neighboring landowners.
(7)
To encourage agriculture to continue, diversify and prosper.
(8)
To provide for a variety of housing opportunities in an effort to
encourage affordable housing.
(9)
To encourage the conservation of energy and the appropriate use of
renewable energy resources.
(10)
To regulate residential density in order to maintain existing
settlement patterns, allow reasonable privacy for residences, conserve
open space, and accomplish the other purposes enumerated in this article.
Except as provided herein, no structure shall be erected, moved,
altered, rebuilt, or enlarged, nor shall any land or structure be
used, designed, or arranged to be used, for any purpose or in any
manner except in conformity with all applicable regulations, requirements
and restrictions specified in this chapter for the district in which
such structure or land is located.
This chapter is not intended to interfere with or abrogate or
annul any easement, covenant or other agreement between parties. Wherever
the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations or local laws, the
more restrictive or that imposing the higher standards shall govern.
