Lloyd City Zoning Code
ARTICLE I
General Provisions
§ 100-1 Authority.
This chapter is hereby adopted pursuant to the authority of Municipal Home Rule Law § 10, the Town Law, and in accordance with the Zoning Code of the Town of Lloyd, New York, Article X, entitled "Amendments."
§ 100-2 Jurisdiction.
This chapter governs the use, development and protection of all land and structures within the Town of Lloyd, New York. This chapter shall not apply to or affect any structure or premises which shall or may be erected, altered or used by the Town of Lloyd.
§ 100-3 Severability.
If any section or specific part or provision or standard of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Town Board hereby declares that it would have enacted this chapter or the remainder thereof had the invalidity of such provision or application thereof been apparent. If any zoning district boundary that may exist in the future is found by a court to be invalid for any reason, the decision of the court shall not affect the validity of any other section, provision, standard, or district boundary of these regulations except the provision in question. The other portions of these regulations not affected by the decision of the court shall remain in full force and effect.
§ 100-4 Supersession of inconsistent laws, if any.
The Town Board hereby declares its legislative intent to supersede any provision of any local law, rule, or regulation or provision of the Town Law inconsistent with this chapter. The courts are directed to take notice of this legislative intent and apply it in the event the Town has failed to specify any provision of law that may require supersession. The Town Board hereby declares that it would have enacted this chapter and superseded such inconsistent provision had it been apparent.
§ 100-5 Purposes.
This chapter is enacted to promote and protect the public health, safety, convenience, aesthetics, natural, agricultural, and cultural resources, amenities and general welfare of the people. It is intended to implement the Town's planning goals and objectives as expressed in the Town of Lloyd Comprehensive Plan as follows:
A.
Preserve the Town's rural character and enhance quality of life.
B.
Maintain the Hamlet of Highland as the center of the Town of Lloyd.
C.
Maintain agriculture as an important economic activity that contributes to the community's character.
D.
Enhance the efficiency and safety of the Town's transportation networks, and preserve the scenic quality of rural roads.
E.
Protect and enhance the quality of the Town's natural, cultural, historic, and scenic resources.
F.
Promote a diversity of housing types and increase the stock of moderately priced housing located throughout the community in order to preserve and promote an economically diverse population and to meet existing and anticipated future employment and volunteer needs in the Town.
G.
Encourage economic development, consistent with Lloyd's character, to stabilize the tax base.
H.
Protect the visual quality and aesthetic character of the Town and preserve the value of land and buildings appropriate to the various districts established by this chapter.
§ 100-6 Application of regulations.
A.
No building or structure shall be erected, constructed, moved, altered, located, rebuilt or enlarged, nor shall any land, water or building be used, designed or arranged to be used, for any purpose except in accordance with this chapter.
B.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection and promotion of the public health, safety, morals, comfort, convenience and general welfare. This chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants or other agreements between parties, except that where this chapter imposes a greater restriction upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration, location or enlargement of buildings than is imposed by easements, covenants or agreements, or by public ordinances, rules, regulations, licenses, certificates or other authorizations, the provisions of this chapter shall prevail.
C.
Except in the R-2, R-1, R-1/2, and R-1/4 Districts, nothing herein shall be interpreted as precluding more than one permitted principal or accessory use on the same lot, so long as such multiple uses are consistent with the standards of this chapter.
D.
Except as otherwise specifically provided by this chapter, there shall be no more than one principal building or use and its accessory structures or uses on any one lot within the R-2, R-1, R-1/2, and R-1/4 Districts.
E.
Except as otherwise specifically provided by this chapter, there shall be no more than one single-family dwelling or one two-family dwelling on any one lot within the Agricultural District.
§ 100-7 General construction of language.
A.
All words used in the present tense include the future tense, and all words in the singular number include the plural number, and vice versa.
B.
The word "person" includes corporations and all other legal entities; the words "lot," "plot," "tract of land," and "premises" shall include land and buildings thereon; the word "building" shall include "structure" and vice versa; and the word "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied" unless the natural construction of the wording indicates otherwise.
C.
The word "shall" is always mandatory.
D.
Unless otherwise specified, all distances shall be measured horizontally.
E.
The word "Town" means the Town of Lloyd; the term "Town Board" means the Town Board of the Town of Lloyd; the term "Town Clerk" means the Town Clerk of the Town of Lloyd; the term "Code Enforcement Officer" means the Code Enforcement Officer of the Town of Lloyd; the term "Board of Appeals" means the Zoning Board of Appeals of the Town of Lloyd; the term "Planning Board" means the Planning Board of the Town of Lloyd; and the term "Comprehensive Plan" refers to the plan adopted by the Town Board pursuant to New York Town Law § 272-a.