Town of Lumberland, NY Article I General Provisions

§ 250-1 Title. [1]

This chapter shall be known and may be cited as the "Town of Lumberland Zoning Law." Hereinafter, this local law is sometimes referred to as "this Zoning Law" or "this chapter."

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 250-2 Introduction and overview.

A. This chapter enables Lumberland to protect the character of the Town while also giving landowners a range of options and choices for the use, development, and conservation of their land. It is designed to achieve the community's goals as expressed in the Town's Comprehensive Plan while providing a development approval process that is predictable, efficient, and fair.

B. Overview.

(1) This section provides a brief and very general overview of what is in the Zoning Law.

(a) This chapter divides the Town into zoning districts and establishes rules for the use of land in the various districts. The districts themselves are described in Article III. The boundaries of the districts are reflected on the Zoning Map, which is a part of the Zoning Law. The official copy of the Zoning Map is kept on file in the office of the Town Clerk, and an unofficial, smaller copy of the Zoning Map is attached to copies of this chapter.

(b) This chapter also creates "overlay" districts, which are special districts designed primarily to protect special resources from inappropriate development and to maintain the Town's character and natural resources. Examples of these overlay districts are the Historic Overlay District and the (Delaware River) River Overlay District. The provisions of these overlay districts apply in addition to those of the underlying land use districts. Standards and requirements specific to the overlay districts are set forth at Article III.

(c) The chapter includes a Use Table which describes, by zoning district, what restrictions and requirements are generally applicable to certain land uses. The Use Table is set forth at Article XI. Some uses are allowed so long as a zoning permit, building permit, and/or a certificate of occupancy is obtained. Some uses require a special use permit and/or site plan approval, and some uses are not permitted at all, either within certain districts or throughout the entire Town. When a use is not specified in the Use Table as being permitted, that use is prohibited. Section 250-12A explains the meanings of the symbols used in the Use Table, and § 250-10 contains definitions of certain of the uses and other terms contained in the Use Table.

(d) The Use Table also sets forth, again by zoning districts, generally applicable dimensional regulations and requirements such as required yard setbacks, height restrictions, maximum allowable lot coverage, and maximum allowable lot clearing.

(e) It is very important to understand that the provisions of the Use Table are always subject to and limited by any restrictions imposed by any applicable overlay district requirement (see Article III), by any applicable general supplementary regulations (see Article V) and special supplementary regulations (see Article VI), and by the various other provisions of the Zoning Law, such as Article X, which explicitly prohibits certain uses anywhere and everywhere throughout the Town.

(f) General and specific supplementary regulations (Articles V and VI) contain additional requirements for specific types of uses and structures (such as home-based occupations, care cottages, signs, lighting and parking, and certain non-fossil-fuel energy sources such as solar collectors), as well as performance standards for all development.

(g) Article IV contains rules for allowing the continuation of lots, structures and uses that were legal under previous regulations but do not conform to this chapter. This is sometimes referred to as "grandfathering."

(h) Section 250-18 introduces the concept of conservation subdivisions - also known as "cluster development" - which preserve open space by concentrating development on a portion of a parcel.

(i) Articles VII, VIII and IX explain the procedures for obtaining various types of permits from the Town, including zoning permits, building permits, and certificates of occupancy from the Code Enforcement Officer; site plan and special use permit approval from the Planning Board; and appeals and variances from the Zoning Board of Appeals. Section 250-56 describes the penalties and consequences of violating the Zoning Law.

(j) Article X sets forth certain uses that are explicitly prohibited in each and every zoning district within the Town. Violations of Article X are considered a threat to public health, safety and welfare, and are deemed to be a public nuisance.

(2) This overview is only a summary and does not supersede or change any of the terms or provisions of the Zoning Law itself.

§ 250-3 Purpose and intent.

The purposes of this chapter, its regulations and its zoning districts, as outlined on the Zoning Map, are to:

A. Promote the health, safety and general welfare of the present and future inhabitants of the Town;

B. Guard against loss of life and damage to property due to flooding through protection of natural drainage features;

C. Preserve features of historical significance;

D. Encourage the most appropriate development of the Town in accordance with the Comprehensive Plan of the Town;

E. Encourage the preservation of the scenic and natural assets of the Town and of the rural residential character of the community, and to discourage commercial or industrial development that is inconsistent with such preservation;

F. Protect property values;

G. Regulate location and use of buildings and the uses of land within each district with regard to residential, commercial, industrial and other purposes;

H. Lessen congestion in streets;

I. Secure safety from fire, flood, panic and other dangers;

J. Provide adequate light and air and acceptable noise levels;

K. Prevent overcrowding of land and avoid undue concentration of population;

L. Make provision for the siting and use of certain renewable energy facilities;

M. Facilitate the adequate provision of transportation, water, sewage disposal, schools, parks and other public requirements; and

N. Establish districts in which regulations concerning the size of buildings and other structures, the percentage of lots that may be covered, the size of yards, and the use of buildings, structures and land for trade, commerce, residence and other purposes are restricted and regulated as hereinafter provided.

§ 250-4 Replacement of previous zoning laws.

Upon the effective date of this Zoning Law, this chapter shall supersede and replace the previous zoning laws in their entirety. The "previous zoning laws" shall mean and be:

A. The Town of Lumberland Zoning Law dated August 19, 1998 (Local Law No. 4 of 1998), as amended by Local Law No. 3 of 2001, Local Law No. 6 of 2001, Local Law No. 1 of 2008, and Local Law No. 2 of 2009;[1]

[1] Editor's Note: On 3-13-2013, the Town Board adopted L.L. No. 1 of 2013 extending the 1998 Zoning Law (with applicable amendments thereto) to applications pending before the Planning Board on 5-1-2012.

B. The Town of Lumberland Campground Law (Local Law No. 2 of 2002);

C. The Town of Lumberland Manufactured Home Law dated July 22, 1998 (Local Law No. 2 of 1998); and

D. The Town of Lumberland Planning Board Alternate Member Voting [Law] dated August 8, 2007 (Local Law No. 2 of 2007).

§ 250-5 Authority and supersession.

A. This chapter is intended to be consistent with and is adopted pursuant to the authority granted to the Town Board of the Town of Lumberland under the New York State Constitution and the Laws of the State of New York, including but not limited to the following authorities: New York State Constitution Article IX, § 2(c)(ii)(6), (10); Municipal Home Rule Law § 10(1)(i); Municipal Home Rule Law § 10(1)(ii)(a)(6), (11), (12) and (14); Municipal Home Rule Law § 10(1)(ii)(d)(3); Municipal Home Rule Law § 10(2); Municipal Home Rule Law § 10(3); Municipal Home Rule Law § 10(4)(a) and (b); Statute of Local Governments § 10(1), (6) and (7); Town Law § 64(17-a), (20-b) and (23); Town Law § 130(5), (6), (7), (8), (11), (14), (15) and (23); Town Law § 135; Town Law Article 16 (Zoning and Planning) inclusive; Environmental Conservation Law §§ 17-1101, 27-0711; and Public Health Law § 228(2) and (3).

B. It is the specific intent of the Town Board, pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3) and § 22, to supersede:

(1) Any inconsistent provisions set forth in Town Law §§ 265-a; 267; 267-a, 267-b, 268; 274-a, 274-b, 276, 277, 278 and 279;

(2) Any other inconsistent provisions set forth in Article 16 of the Town Law; and

(3) Any inconsistent provisions of any and all other local ordinances, local laws or local resolutions of the Town of Lumberland.

§ 250-6 Interpretation.

The various statements of purpose, intent and findings are legislatively adopted along with the formal text of this chapter. They are intended as a legal guide to the administration and interpretation of this chapter and shall be treated as legislative history. All provisions of this chapter shall be construed in a manner that advances the goals and strategies of the Comprehensive Plan.

§ 250-7 Precedence of more restrictive standards.

The provisions of this chapter are in addition to the Town of Lumberland Uniform Fire Prevention and Building Code Enforcement Law and to the provisions set forth in other Town laws and regulations, as well as any other lawfully adopted rules, regulations and ordinances of the state of New York, the federal government, and the New York State Department of Health. Wherever the requirements of this chapter are at variance with the requirements of other lawfully adopted rules, regulations or ordinances, the more restrictive or those imposing the higher standards shall govern.

§ 250-8 Amendments.

The regulations, restrictions and boundaries set forth in this chapter may be amended from time to time by the Town Board as provided by law.