The Town of Fallsburg is hereby divided into the classes of
zoning districts listed below, excluding the incorporated Village
of Woodridge.
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Table 1
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Zoning Districts
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Abbreviation
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Name of District
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Residential Districts
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AG
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Agricultural
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REC
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Low-Density Residential/Recreation
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R
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Residence
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HR
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Hamlet Residence
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Nonresidential Districts
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B
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Business
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NB
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Neighborhood Business
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MX
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Mixed Use
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I
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Industrial
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Planned Districts
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PUD
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Planned Unit Development
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PRD
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Planned Resort Development
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Overlay Districts
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AB-O
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Adult-Oriented Business Overlay
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NR-O
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Neversink River Overlay
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O&W-O
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O&W Rail Trail Overlay
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State-Designated Agricultural District Overlay
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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.
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.
