Fallsburg Town City Zoning Code
ARTICLE IV
Supplementary Bulk Regulations
§ 310-4.1 Lot regulations.
A.
Development standards. The development standards contained herein shall apply to each dwelling or business unless specifically provided otherwise. Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum or increased to more than the maximum dimension as required by this chapter.
B.
Sight distance requirements for corner lots. The front/side yards at the street intersection of all corner lots shall be kept free of vegetation and other structures that would obstruct the vision of drivers between the heights of 3 1/2 feet to 10 feet above the average grade of each street (measured on the center line thereof). The following sight distances from intersections shall be maintained:
 |
Table 2 | |
|---|---|
Sight Distance for Various Street Widths | |
Street Right-of-Way (feet) | Distance from Intersection (feet) |
50 or more | 90 |
40 to 49 | 80 |
30 to 39 | 70 |
C.
Through lot requirements. A through lot shall be considered as having two lot frontages, both of which shall be subject to the front yard requirements of this chapter.
D.
Flag lots. The development of interior lots with limited lot frontage consisting of only an access right-of-way shall be permitted, provided:
(1)
The right-of-way is a minimum of 50 feet in width.
(2)
The lot area shall be exclusive of that portion used as a right-of-way for purposes of meeting minimum lot area and all other development standards for the district.
(3)
No right-of-way shall be established over an existing parcel of land to reach a new lot to the rear which would reduce the length of the front lot line of the existing parcel to less than 150 feet.
(4)
All flag lot access rights-of-way shall be titled in fee-simple ownership to the flag lot property owner and shall not be used to access any property not part of the original tract. Such owner shall bear responsibility for maintenance of the improvements.
(5)
No more than one such flag lot shall be created from an existing parcel, a cumulative total of two flag lots including the original. This restriction shall be incorporated in deed covenants and placed on the recorded plat map at the time any flag lot is created.
E.
Landlocked lots. The purpose of this subsection is to provide a means by which owners of property that is landlocked may obtain access to a public street in accordance with § 280-a of New York State Town Law. This policy shall apply to all areas of the Town of Fallsburg. In order for an applicant to obtain a building permit to construct a structure on a landlocked lot, the applicant shall be required to demonstrate that adequate access may be obtained to said lot. "Adequate access" shall mean that sufficient right-of-way or easement width exists to construct a driveway to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles and a frontage of fifteen feet shall presumptively be sufficient for that purpose.
F.
Minimum lot size for all uses. Lots to be developed with private water supply and sewage disposal systems or private sewage disposal systems may require larger lot sizes and widths than are specified because of unusual subsoil or geological conditions found to exist on the particular location in question. In such cases, the minimum lot area otherwise required shall be increased where necessary to the extent required to allow the proposed water and/or sewerage installation to operate effectively in order to protect the public health, safety and welfare. Detailed plans for such water and/or sewerage systems shall be prepared by a professional engineer and submitted to the Code Enforcement Officer and approved by him/her before a building permit shall be issued. The suitability of the proposed systems shall conform to the standards of the New York State Department of Health.
G.
Lot improvement.
(1)
Whenever a parcel of land is combined with an adjacent lot for the purpose of increasing the size of the existing lots, or a number of smaller lots are resubdivided, or reallotted so as to make a lesser number of larger lots, or there is desired another change to the lot which, in the Planning Board's opinion, provides an improvement to the premises, whether regarding ingress, egress, sight distance, safety, etc., then all applicants must receive Town of Fallsburg Planning Board approval, provided that:
(a)
Other than as set forth above, any lot proposed to be reduced in size shall comply in all aspects with provisions of the Town of Fallsburg Zoning Law and applicable state statutes.
(b)
An appropriate lot improvement application must be submitted to the Code Enforcement Officer for a Planning Board appearance.
(c)
The Planning Board in its sole discretion shall determine if a public hearing will be required.
(2)
After the Planning Board has determined that the conditions for the lot improvements have been met, the Chairman or the Vice Chairman will have the authority to sign the plat.
(3)
Plat requirements. Fees as set by resolution of the Town Board per lot per application must be paid at the time of submittal of the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
§ 310-4.2 Lot frontage.
The minimum lot frontage of any lot shall be measured along the street line as required for the district in which it is located. For lots fronting on a cul-de-sac or on a street with a radius or curvature at the center line of 100 feet or less, or in other appropriate circumstances, the lot frontage may be reduced by the Planning Board at the time of subdivision plat or site plan approval to no less than 1/2 of the required lot width. No portion of the lot width shall be less than the approved lot frontage. The driveway access to a lot shall be provided from the front lot line.
§ 310-4.3 Yard regulations.
A.
Side yard width may be varied. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width.
B.
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots but shall be not less than 10 feet.
C.
Side yard of corner lot. Each yard fronting on a street shall be deemed a front yard on any corner lot. At the owner's discretion, one yard other than the front yard shall be deemed to be a rear yard. The remaining yard(s) shall be deemed to be a side yard. The minimum district yard requirements for each shall be complied with. The Planning Board, during subdivision plan review, shall determine the location of the front and rear yard, in order to ensure that any building obtains access safely from the appropriate street.
D.
Provision of yard or other open space. No yard or other open space provided around any buildings for the purpose of complying with the provisions of this law shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
E.
Waterfront yards. Any yard which borders on a lake, stream, pond or body of water with a New York State Department of Environmental Conservation-designated surface water quality classification shall be not less than 100 feet in depth and shall not contain any structures except for boathouses and docks.
F.
Additional yards required when nonresidential districts abut residential districts. A minimum permanent vegetated buffer of not less than 20 feet shall separate nonresidential uses from adjacent residential properties. Plant materials shall be a minimum of five feet in height when planted and shall be spaced to form a continuous, solid screen at maturity. Generally, shrubs or trees shall be spaced apart at distances suitable for the proper maturation of such planting and shall be properly maintained to afford an effective screen between the nonresidential and residential uses. The fencing requirements of § 310-5.10D shall also apply.
G.
Cluster, bungalow colony, two-family dwellings on common land, duplex developments, multifamily developments, sleepaway camps, day camps and retreats shall require a minimum separation distance of 31 feet of green space between buildings. The only items permitted within this separation distance are walkways and landings or decks of less than five feet in width and earthwork retaining walls. No porch or similar structure shall protrude or be installed into this required separation. If fire flow calculations can be met, per ISO standards, then the required separation distance between buildings may be reduced to a minimum of 25 feet.
[Amended 7-13-2020 by L.L. No. 8-2020]
§ 310-4.4 Exceptions to yard requirements.
A.
Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard.
B.
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions.
C.
(Reserved)
D.
Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing street, and 25 feet shall be added to the front yard setback.
§ 310-4.5 Building placement.
Buildings shall be oriented parallel to the public right-of-way and respect the building placement on adjoining properties. If required by the Town Planning Board, the orientation/placement of the building shall be reviewed for approval by the Town Architectural Review Board.
 |
§ 310-4.6 Height regulations.
A.
General application. No building or structure shall have a greater number of stories or be higher than permitted in the district where such building or structure is located, except as noted elsewhere in this chapter.
B.
Permitted exceptions. Except for restrictions imposed by airport safety standards, height limitations stipulated elsewhere in this chapter shall not apply to temporary open amusement uses, church spires, belfries, cupolas, and monuments.
(1)
Water towers, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials, and heating, ventilation, air-conditioning and other accessory utilities shall be exempted from height restrictions, provided said utilities do not exceed 20% of the gross floor area of the roof, and that height does not exceed 10% of the building's height.
(2)
Parapet walls are also excluded from height restrictions, except that no parapet wall may extend more than four feet above the limiting height of the building. Farm buildings and structures on farms (e.g., silos) are also excluded, provided that these buildings are set back from every lot line a distance at least equal to their height.
§ 310-4.7 Accessory structures.
A.
Placement. No accessory building/structure permitted by this chapter shall be placed in any required side or required front yard except as specified hereinafter in this article.
(1)
New or replacement accessory structures over 576 square feet shall be a minimum of 30 feet from the side and rear property lines, except that replacement in kind of an existing accessory structure, which replacement does not exceed its existing dimension or location, shall be permitted.
(2)
New residential use accessory structures 1,000 square feet or more shall be subject to the provisions of § 310-7.2B.
[Added 7-26-2021 by L.L. No. 9-2021]
B.
Rear yard coverage. Accessory structures shall not cover more than 20% of the required rear yard.
C.
Separation from principal structure. Accessory structures which are not attached to a principal structure may be erected in accordance with the following restrictions:
(1)
No accessory structure shall be located closer than 10 feet to the side and rear lot lines and not within a required side yard as per § 310-4.7A above.
(2)
No accessory structure shall be located closer to the street than the street wall of the principal structure, except in the case of farm buildings.
(3)
Except for attached accessory structures as set forth in Subsection D, no accessory structure shall be located closer to a principal structure than 10 feet.
D.
Attached accessory structure. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal buildings.
E.
Relocation of accessory structures. All existing structures that are relocated are to abide by the regulations of this chapter.
F.
Accessory private boathouses, docks and cribs. Boathouses are not to exceed one story in height or to exceed 15% of the available lake frontage and shall be not nearer to any side property line than is permitted in the district. Private docks or cribs shall not extend more than 20 feet into the lake, shall be not wider than 10% of the available lake frontage and shall be not nearer to any side property line than is permitted in the district.
G.
Accessory mechanical equipment, utility hardware and waste storage areas. Mechanical equipment or other utility hardware on roofs shall be harmonious with the building or it shall be located and/or screened so as not to be visible from any public ways.
H.
Refuse containers and compactors.
 Photo: Appropriate means of enclosing a trash container. |
(1)
Refuse containers must be enclosed on four sides. Three walls shall consist of brick, block, or other masonry material; and/or stockade wood fence set upon a concrete slab. The opening shall be fully enclosed using chain link fence doors with neutral or earth-tone colored slats as depicted in the photo above. Such containers shall be prohibited within the front yard of any development and shall be located within a designated service area to the rear or side of the commercial or industrial establishment and out of view of public rights-of-way. All refuse and waste storage containers shall be screened from adjoining properties. The Planning Board, in its discretion, may require supplemental landscaping around the base of the walls that enclose the trash container. Multifamily and townhouse developments exceeding 16 dwelling units shall be required to screen all refuse containers.
(2)
Refuse compactors.
(a)
New multifamily and townhouse developments exceeding 16 dwelling units shall be required to provide trash compactors within centralized containers along with separate recycling containers. Existing multifamily properties, townhouse developments and bungalow colonies with 16 or more dwelling units shall be required to provide trash compactors when it has been documented by the Code Enforcement Officer that violations of garbage accumulation and/or enclosure maintenance exist on a continuing, recurring basis.
(b)
All newly installed and existing compactors within the Town of Fallsburg shall be screened from public view on four sides, set upon a concrete slab, shall not be stored in front of any business or residence and shall be placed a minimum of 50 feet from any property line, public road or public right-of-way. Compactors not being used for 30 days or more shall be emptied of all contents.
(c)
Compactors that are no longer in service shall be removed from the property. The area in and around a compactor shall be kept clean of rubbish, trash, debris and garbage at all times. The leaking of any fluids from a compactor shall be cleaned immediately and repairs shall be made immediately to prevent any and all fluids from spilling.
I.
Satellite dishes. Satellite dishes are permitted in the side yards or rear yards, but shall not be placed in the front yard. Roof-mounted satellite dishes shall also be permitted on principal or accessory structures. Satellite dishes shall be placed so that they are as visually unobtrusive as possible.
§ 310-4.8 Swimming pools.
A.
Applicability. Portable pools having a water capacity less than six inches in depth shall be exempt from these provisions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
B.
Private swimming pools. Private swimming pools, whether permanent or portable, shall be regulated as follows:
(1)
Private swimming pools shall be erected on the same lot as the principal building.
(2)
Private swimming pools may be erected only in the rear yard of such structure and shall be located not less than 20 feet from a rear lot line and not less than 10 feet from any side lot line and from any principal building or accessory structure attached thereto. Such pool shall also be not closer than 50 feet to a front lot line.
(3)
Such pool shall not occupy more than 35% of the balance of the rear yard area, after deducting the area of all private garages and other accessory buildings or structures.
(4)
Private swimming pools shall be enclosed in accordance with the New York State Uniform Fire Prevention and Building Code.
C.
Swimming pools accessory to residential developments and nonresidential developments. Swimming pools accessory to residential developments, whether clustered one-family dwellings, seasonal camps, or multiple-family dwellings, shall be of permanent construction and shall be located not closer than 50 feet to any lot line and not closer than 50 feet to any dwelling unit. Swimming pools that are part of nonresidential uses, whether commercial or noncommercial, such as hotels, motels, clubs, campgrounds, day-use recreational facilities or institutions shall be of permanent construction and shall be located not closer than 100 feet from any lot line. Such swimming pools shall be enclosed in accordance with the New York State Uniform Fire Prevention and Building Code.
(1)
If the water for such pool is supplied from the public water supply system; the inlet shall meet the standards of Chapter 266, Swimming Pools, § 266-3.
(2)
Such pool shall be constructed, operated and maintained in compliance with the applicable provisions of the New York State Sanitary Code relating to public swimming pools.
(3)
No swimming pool shall be initially filled or used until the foregoing requirements shall have been certified by the Code Enforcement Officer (CEO).
(4)
All empty pool areas must be locked and secured.
§ 310-4.9 Recreational uses.
Recreational uses listed below, whether in private or public ownership and other than accessory to one-family residential use, shall be subject to the following regulations:
A.
Swimming pools shall be subject to § 310-4.8.
B.
All recreational facilities shall comply with the following minimum setback requirements and shall be buffered with landscaping from nonrecreational uses:
Table 3 | |
|---|---|
Setback Requirements for Recreational Facilities | |
Type of Facility | Minimum Setback From Property Line (feet) |
Baseball field | 100 |
Basketball courts | 50 |
Casino building | 100 |
Concession stands | 100 |
Games for fewer than 10 people such as horseshoe pits | 50 |
Golf course fairways | 50 |
Handball courts | 100 |
Outfield relative to baseball or softball | 50 |
Parking areas | 50 |
Picnic areas (tables, barbecue pits, etc.) | 100 |
Picnic grounds (not improved) | 50 |
Tennis courts | 50 |
Volleyball courts | 50 |
All other activities | Subject to Planning Board determination |
C.
Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits the use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. All pole-mounted lighting shall have a full horizontal cutoff lens that does not allow light above the fixture (see § 310-5.11).
D.
Noise. Public address systems or any other amplified noises audible outside of property boundaries are prohibited. Performance standards in § 310-5.19 must be complied with.
E.
Use of pool. The maximum number of families permitted to use any swimming pool shall be the area in square feet of the swimming pool divided by 20. Any portion of a pool designed to hold less than two feet water in depth shall not be included in total pool area.
§ 310-4.10 Private and public stables setback requirements.
A.
There shall be no stabling of animals, storage or use of manure, or other dust-producing substances within a distance of 100 feet of any lot line. Riding trails shall be no closer than 50 feet to any lot line. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be provided in accordance with § 310-5.11 of this chapter.
B.
Public events, demonstrations, horse shows, rodeos, competitive events held in connection with riding academies or stables shall be considered principal uses for purposes of lot area and setbacks and shall conform to the following requirements: minimum lot size, eight acres; minimum lot width, 300 feet; required front yard, 50 feet; each required side yard, 70 feet; required rear yard, 50 feet. In no case shall such events take place within 100 feet of the property boundaries.
C.
In passing upon any application for a stable or riding academy, the CEO or Planning Board shall consider the drainage, percolation and topography of the proposed site and its proximity to public or private water supplies.
§ 310-4.11 Courts.
The minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. (The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof). The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.
§ 310-4.12 solar energy systems, small-scale.
A.
Authority. These provisions are adopted pursuant to §§ 261, 262, 263, and 264 of the Town Law of the State of New York, which authorizes the Town of Fallsburg to adopt zoning regulations to protect the health, safety, and welfare of the community and, as set forth in § 262, "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor." Solar energy systems and equipment proposed in the State-Designated Agricultural District Overlay shall comply with the applicable requirements of the New York State Agriculture and Markets Law.
B.
Purpose. These regulations promote the use of solar energy systems, as recommended by the Town of Fallsburg Comprehensive Plan Update, that encourage property owners and applicants to incorporate alternative energy sources, such as solar, geothermal and wind. These systems lower the cost of energy to property owners, promote public health, and help establish energy independence.
C.
Roof-mounted solar energy systems.
(1)
Permit process.
(a)
Roof-mounted solar energy systems shall require a building permit and are permitted as an accessory use or structure in all zoning districts when attached to any lawfully permitted building or structure. A site-specific emergency action plan (EAP) including general safety concerns, associated precautions, description of deenergizing action and any other potential concerns in a brief narrative form, shall be provided. Drawing(s) showing switchgear and disconnection locations should be provided. This information is to be provided to the local fire department, police, ambulance, and the Town personnel with listed contacts on the EAP. The local fire department shall approve the EAP and be trained in deactivating the solar energy system.
(b)
Sloped roof-mounted solar energy systems facing a street shall submit elevation view(s) of the structure and roof, which will indicate the location of the system.
(c)
Flat roof-mounted solar energy systems shall submit an additional site plan showing the configuration of solar panels with clear demarcations for the edge of the roof and any parapets.
(d)
Structural computations completed by a licensed architect or licensed engineer are required and shall be provided to the Code Enforcement Officer. Said computations shall demonstrate that the building or structure has the structural capacity to support the additional weight load of the system.
(2)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district in which they are located.
(3)
Where a building-mounted system is proposed to be installed on any legal nonconforming building or structure that violates applicable setback requirements or height restrictions, the solar energy system shall be permitted if it does not create an additional nonconformance so long as the system complies with all other provisions in these regulations.
(4)
Aesthetics and fire access. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
(a)
A roof slope that faces or fronts to a public right-of-way should not be used unless no other alternative exists.
(b)
Panels must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.
(c)
All exterior plumbing and electrical lines must be painted and/or coated to match the color of adjacent roofing material and walls. All visible exterior plumbing and electrical lines must not be installed in any portion of the front yard of the property.
(d)
A three-foot setback is required along all eaves, dormers and ridge lines for fire access and roof venting for emergency services.
D.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems are permitted as accessory structures in the following districts: REC, R, HR, AG and PRD. A site plan designed according to the following standards shall be submitted along with the permit application to the Town Building Code Office for review and approval. A site-specific emergency action plan (EAP) including general safety concerns, associated precautions, description of deenergizing action and any other potential concerns in a brief narrative form, shall be provided. Drawing(s) showing switchgear and disconnection locations should be provided. This information is to be provided to the local fire department, police, ambulance, and the Town personnel with listed contacts on the EAP. The local fire department shall approve the EAP and be trained in deactivating the solar energy system.
(a)
Height. The height of the structure(s) shall not be more than 15 feet in height.
(b)
Setback. Ground-mounted solar energy systems shall meet the minimum yard setback for the zoning district in which it is located, or 25 feet, whichever is greater.
(c)
Lot coverage. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.
(d)
Footprint. The system shall be no more than half the footprint of the primary structure on site.
(e)
Visibility. Active solar systems shall be designed to blend into the architecture of the building or be screened from routine view from any public right-of-way or adjacent residentially zoned properties.
(f)
All such systems in residential districts shall be installed in the side or rear yards.
(g)
All such systems are not allowed in the one-hundred-year floodplain.
(h)
All electrical systems shall be in compliance with the New York State Building Code, latest edition.
(i)
The area around such systems shall be mowed and maintained in compliance with the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. The area shall be plowed as necessary during winter months to allow access to controls to deactivate the system.
(2)
The Town of Fallsburg reserves the right to request additional information, including, but not limited to, photos, maps, graphs, and a site plan. The Town may refer the application to the Planning Board or Architectural Review Board for site plan review and/or to obtain a special use permit.
E.
Abandonment and decommissioning.
(1)
Solar energy systems are considered abandoned in a habitable property after six months without electrical energy generation and must be removed from the property. Two applications for extensions may be granted by the Building Code Department for a period of three months each.
(2)
If the facility owner fails to repair or remove a solar energy system as ordered, and the appeal rights have been exhausted, the Town of Fallsburg may enter the property, remove the system, and charge the facility owner for all costs and expenses of removal. Any unpaid costs will result in a lien on the property.
(3)
Subsections E(1) and E(2) above do not apply to abandoned properties. The fire company will be requested to deactivate a solar energy system on an abandoned property at the request of the Building Department. A new homeowner will have six months from the date of financial closure of the property to reactivate the system.
F.
Enforcement. Any violation of this section shall be subject to penalties pursuant to § 310-11.5.
G.
Only commercially made solar energy systems are permitted. All systems shall be installed by a licensed electrician and inspected by a certified electrical inspector prior to certificate of compliance and use.
H.
Compliance with electric code. All photovoltaic systems shall comply with the National Electric Code, current edition.
§ 310-4.13 Federal flood hazard areas.
A.
Flood Damage Prevention Code. All construction, occupancies and land use activities in the Town of Fallsburg shall comply with Chapter 137 of the Town Code, Flood Damage Prevention, and the provisions set forth below. The areas of special flood hazard, also known as the one-hundred-year floodplain, are shown on Flood Insurance Rate Maps as set forth in § 137-6. No development shall be undertaken in any area of special flood hazard without first securing a floodplain development permit. Any application for site plan, subdivision, special use permit or any application for a variance which proposes disturbance that is regulated by Chapter 137 shall be conditioned upon the applicant securing a floodplain development permit, if required.
B.
Floodplain to be mapped. Any lot plan, site plan, or subdivision plan that is submitted to a board for approval, or to the Code Enforcement Officer in support of a building permit application, shall clearly show the limits of the one-hundred-year floodplain and its associated floodway and all improvements proposed therein.
C.
One-hundred-year floodplain restriction. After the effective date of this Zoning Chapter, no new residential dwelling or new nonresidential building designed for occupancy by residents or employees shall be constructed within the one-hundred-year floodplain. Any new dwelling or nonresidential building proposed to be located in the one-hundred-year floodplain and proposed for occupancy by employees or residents shall require a use variance from the Zoning Board of Appeals. If such use variance is granted, the applicant shall be required to obtain a floodplain development permit as set forth in Subsections A and B above.
D.
Relocation of proposed improvements. Any Town agency that is responsible for reviewing and deciding upon any variance, site plan, or subdivision plan may, as a condition of approval, require that a proposed improvement(s) be relocated outside the floodplain or not placed within a floodplain to protect the health, safety and general welfare of the community.