This chapter shall be known as the "Village
of Lake George Zoning Law." The Village of Lake George is hereinafter
referred to as the "Village."
Enactment of this chapter by the Village is
pursuant to Article 7, § 7-700, of the Village Law of the
State of New York, and Article 27 of the Executive Law of the State
of New York and pursuant to Municipal Home Rule Law and the Constitution
of State of New York, and the Village Board hereby declares its legislative
intent to supersede any provision of any local law, rule, regulation
or provision of the Village Law inconsistent with this chapter. The
Village Law provisions intended to be superseded include those portions
of Article 7, §§ 7-725-a and 7-725-b, as they relate
to the recovery of expenses incurred when the Village employs professional
assistance during the site plan and special use permit review processes
and any other provision of law that the Village may supersede pursuant
to the Municipal Home Rule Law and the Constitution of the State of
New York. The courts are hereby directed to take notice of this legislative
intent and apply it in the event the Village has failed to specify
any provision of law that may require supersession. The Village Board
hereby declares that it would have enacted this chapter and superseded
such inconsistent provision had the need to do so been apparent.
The regulations of this chapter shall be made
in accordance with the Comprehensive Master Plan for the Village,
and this chapter is designed to promote the health, safety and general
welfare of the community. Further, it is the purpose of this chapter
to protect the property values and aesthetics of the community by
channeling and directing growth, and by regulating and restricting
the height, number of stories and size of buildings and other structures;
the percentage of lot that may be occupied; the size of the yard,
courts and other open spaces; the density of population; and the location
and use of buildings, structures and land for trade, industry, residence
and other purposes, to the maximum extent permissible within the proper
exercise of the police power as delegated by New York State Village
Law. Further, it is the purpose of this chapter to preserve the beauty
and character of the Adirondack Park setting to the benefit of the
community, and to retain the natural vistas of the Adirondacks and
of Lake George to the benefit of the residents and visitors to the
community. Further, it is the purpose of this chapter to preserve
the local history and culture through proper development and to preserve
green space. Further, it is the purpose of this chapter to support
existing recreation, cultural and historical features.
Nothing in this chapter shall be deemed to supersede,
alter, enlarge or impair the jurisdiction of the Adirondack Park Agency,
pursuant to the Adirondack Park Agency Act, the Freshwater Wetlands
Act, and the Wild and Scenic and Recreational Rivers Act, to review
and approve, approve subject to conditions, and disapprove, those
land uses and developments and subdivisions of land defined therein
as Class A regional projects, or otherwise to supersede, alter or
impair the statutory function, duties and responsibilities of the
Agency with regard to matters involving a village in which an Agency-approved
local land use program has been validly adopted or enacted, provided
that the Adirondack Park Agency cannot, in the context of its Class
A regional project review, override a local decision not to permit
a given land use or development.