Following the effective date of this chapter:
A. Building requirements. No building shall be erected,
moved, altered, rebuilt nor 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/or
restrictions specified in this chapter for the district in which such
building or land is located. Unless permitted upon special application
to the Planning Board, a use is prohibited.
B. Yard requirements. No yard or open space required
in connection with any building or use shall be considered as providing
a required open space for any other building on the some or any other
lot.
C. Lot requirements. 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 permit shall be issued for the erection
of a building on any new lot thus created unless such building and
lot comply with all provisions of this chapter.
D. Previously issued permits. Nothing contained in this
chapter shall require any change in the plans, construction or designated
use of a building complying with existing law, a permit for which
shall have been duly issued prior to the date of the first publication
of notice of the public hearing on this chapter, and the ground story
framework of which, including the second tier of beams, shall have
been completed, in accordance with such plans as have been filed,
within one year from the date of passage of this chapter.
E. Referral to County. Should any proposed zoning amendment,
site plan approval, specific permit or variance consist of or include
any of the following conditions, the appropriate agency (Planning
Board, Town Board or Board of Appeals) shall refer the proposal to
the Orange County Planning Department (in accordance with §§ 239-l
and 239-m of Article 12B of the General Municipal Law) on the form
entitled "County Zoning Referral." These conditions include any change
in the district classification of or the regulations applying to real
property lying within a distance of 500 feet from:
(1) The boundary of any Village or Town.
(2) The boundary of any state park or other recreational
area.
(3) The right-of-way of any County or state parkway, thruway,
expressway or other controlled-access highway.
(4) The right-of-way of any stream or drainage channel
owned by the County or for which the County has established channel
lines.
(5) The boundary of any County- or state-owned land on
which a public institution is located.
F. Applicants
shall actively pursue applications before the Planning Board. In the
event that an applicant has not appeared before the Board for a period
of 12 consecutive months, upon resolution of the Planning Board, the
matter will be removed from consideration by the Board and the file
will be closed. A new application will thereafter need to be filed
by the applicant when the applicant is prepared to proceed and actively
pursue the application. Once the file is closed, any unexpended escrow
sums will be returned to the applicant with a letter stating that
the application has been deemed abandoned and that the file has been
closed pursuant to a resolution adopted by the Planning Board. It
shall also state that when the applicant is prepared to proceed and
actively pursue the application, a new application must be filed with
the Board.
[Added 6-17-2010 by L.L. No. 1-2010]