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Hague Town City Zoning Code

ARTICLE X

General Exceptions

§ 160-63 General exception to minimum lot area requirements.

Any lawfully created nonconforming vacant lot on record as of the date of this chapter which does not meet the minimum lot area and/or minimum lot width requirements of this chapter for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no area variance for total lot size shall be required pursuant to the rules below:
A. 
A single-family dwelling may be constructed on such lawfully nonconforming lot, but no other use is permitted.
B. 
If said nonconforming lot adjoins another lot or other lots in the same ownership, said nonconforming lot and the adjoining lot or lots shall be treated together as one lot.
C. 
The provisions of this section shall not provide an exception to the requirements of § 160-50B(1)(b). This subsection shall not affect the continuation of the lawful use of any nonconforming shoreline lot, provided that said use was lawfully created as of the effective date of this subsection.
[Amended 11-10-1998]
D. 
For the purposes of this section, "lawfully created" means a vacant lot which was on record as of the date of this chapter, which lot does not adjoin other lots in the same ownership on that date and which lot has received all the required governmental approvals for its creation.
E. 
A land use permit will be required from the Zoning Administrator for the construction of any single-family dwelling on such lawfully created nonconforming lot. A variance from the Zoning Board of Appeals will be required if a single-family dwelling cannot conform to all shoreline setback and vegetative cutting requirements. The Zoning Administrator may impose reasonable conditions on the type and manner of placement of any on-site sewage disposal facility.
[Amended 11-10-1998]

§ 160-64 Gifts, devises and inheritances.

A. 
The mere division of land or new land use resulting from bona fide gift, devise or inheritance by and from natural persons who own such land on the date of May 22, 1973, when the Adirondack Park Law Land Use and Development Plan became effective, to members of their immediate families shall be exempt from the overall intensity guidelines and the minimum lot size area specified in Article VI, but shall be subject to review by the Planning Board to determine that the provisions of this section will be complied with. In all other cases, the mere division of land, even by bona fide gift, devise or inheritance, must conform to the overall intensity guidelines and the minimum lot size area specified in Article VI.
[Amended 11-10-1998]
B. 
Any division of land under this section that involves an existing structure shall be created so as to comply with the minimum setback restrictions for that zone.
C. 
New land use or development on lots, parcels or sites conveyed by individuals who own such land on the date of May 22, 1973, when the Adirondack Park Law became effective, to members of their immediate families by bona fide gift, devise or inheritance shall be exempt from the overall intensity guidelines and the minimum lot size area specified in Article VI for the purpose of allowing only said member of the immediate family to construct one single-family dwelling on any such lot, parcel or site. All other permit requirements and the provisions and restrictions of this chapter shall still apply.
D. 
Said privilege of building shall not run with the land and shall not be transferable to a third party who is not a member of said owner's immediate family, and said privilege of creating parcels by gift to immediate family members shall be allowed only once per immediate family member.