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
Abbreviation
Name of District
Residential Districts
AG
Agricultural
REC
Low-Density Residential/Recreation
R
Residence
HR
Hamlet Residence
Nonresidential Districts
B
Business
NB
Neighborhood Business
MX
Mixed Use
I
Industrial
Planned Districts
PUD
Planned Unit Development
PRD
Planned Resort Development
Overlay Districts
AB-O
Adult-Oriented Business Overlay
NR-O
Neversink River Overlay
O&W-O
O&W Rail Trail Overlay
State-Designated Agricultural District Overlay
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[1] for the use and benefit of the public. The specific provisions of the Neversink River Overlay, O&W Rail Trail Overlay and Adult-Oriented Business Overlay Districts are provided in Article XXIX, Overlay District Standards.
[1]
Editor's Note: The Zoning Map is available in the office of the Building Department, and also available through the online version of the Code (eCode360®).
In determining the boundaries of the districts shown on the map, the following rules shall apply:
A. 
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.
B. 
Where such boundaries are indicated as approximately following the property lines of publicly owned lands, such lines shall be construed to be such boundaries.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
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 in accordance with the procedures set forth in Article XII of this Zoning Chapter.
Following the effective date of this chapter:
A. 
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.
B. 
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.
C. 
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.
D. 
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:
(1) 
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
(2) 
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.
E. 
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[1] 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. Where cells in the Schedule I, Table of Use and Bulk Requirements, are indicated as blank or with the symbol " — ," there is no requirement for the indicated bulk or area requirement, in the indicated district for the indicated use. Where cells in the Schedule I, Table of Use and Bulk Requirements, are indicated with the symbol "NA," the indicated bulk or area requirement, in the indicated district for the indicated use is "not applicable." The user should refer to footnotes or the notes column for references to detailed explanations found within the text of the Code, which will control.
[1]
Editor's Note: The Table of Use and Bulk Requirements is included as an attachment to this chapter.
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.