Town of Chester Zoning Ordinance

ARTICLE 4 - ZONING DISTRICT REGULATIONS

Section 4.01 Zoning Districts.

The Town is hereby divided into the following designated districts.

District Minimum Land Area	Name of District
H	Hamlet
MI	Moderate Intensity
L	Low Intensity
RU	Rural Use
RM	Resource Management
I	Industrial

See Section 4.03 for dimensional regulations.

Section 4.02 Use Regulations.

A. Allowed Uses. Ause shall be allowed by right in adistrict if it is listed in the schedules of regulations as an allowed use for that district, or is a forestry use or an essential service, provided all other requirements of this Local Law are met. Any non-commercial use not listed on the following schedules shall be allowed provided all other requirements of this Local Law are met.

B. Uses Allowed with Site Plan Review. A use listed in the following schedules of regulations as subject to site plan review for a given zoning district shall be allowed in that district when approved in accordance with Article 5 hereof, provided all other requirements of this Local Law are met. In addition, any Commercial Use not listed in the following schedules shall be allowed subject to Site Plan Review if it appears on the APA Compatible Use list for the District in which it is located.

C. Prohibited Uses. Any use which is not an allowed use by right or by site plan review in a given zoning district or which is not an accessory use shall be a prohibited use in that zoning district. Any applicant wishing to undertake any such prohibited use shall always have the right to seek authorization from the Town Board through appropriate amendment of this Local Law, which the Town Board shall review with consideration for the economic opportunities, health, safety, and general welfare of the residents of the Town of Chester. Any such proposed amendment must be referred to the Adirondack Park Agency.

D. Accessory Use or Accessory Use Structure. An accessory use or accessory use structure shall be allowed if the use to which it is accessory is a lawful use pursuant to the terms of this Local Law and for which a permit has been issued if required pursuant to the terms of this

Local Law. A new accessory use structure other than a fuel tank, fence or flag pole requires a zoning permit pursuant to this local law.

E. Elevation and Slope Review. Any New Land Use and Development, including single family dwellings, in any district on lands at an elevation in excess of 1,400 feet above sea level or on slopes in excess of 15% shall be subject to site plan review.

F. Use Chart - Hamlet (H)

Purpose: To provide compatible commercial services for the hamlets.

Allowed Uses with Zoning Certificate

Accessory uses and structures customarily incidental and subordinate to the principal use

Bed and Breakfast

Excavation

Home Occupation

Single Family Dwelling

Club

Fraternal Organizations

Mail Order Business

Wayside Stand

Subject to Site Plan Review

Agricultural Use	Agricultural Service Use
Agricultural Use Structure	Automobile Service Station
	Campground
Church
	Commercial Recreation Use
Commercial Use	Community Facility
Computer Related Facility	Day Care Center
Dwelling, Multiple Family	Dwelling, Townhouse
	Food Store
	Funeral Home
Garage, Public	Government Office or Agency
Greenhouse, Commercial

Kennel
Medical Building
Professional Office	Public or Semi-Public Building
Restaurant, Fast Food	Restaurant, Full Service
Retail Business, General	Retail Service, Commercial
School	Shopping Center
	Tourist Accommodations
Waste Treatment Site (Municipal Only)	Watershed management/Flood control project

Any New Land Use or Development, including single family dwellings, in any district on lands at an elevation in excess of 1,400 feet above sea level or on slopes in excess of 15% shall be subject to project review.

For all commercial uses any change of use or any increase in the size of the structure or in the area of lot coverage shall be subject to project review.

See Section 4.03 for dimensional regulations - Hamlet.

G. Use Chart - Moderate Intensity (MI).

Purpose: To provide large lot and waterfront residential use that maintains the natural shoreline environment and strictly protect the quality of the Town’s waters, and to provide a variety of commercial uses guided by siting guidelines of Article 7 where major transportation access is of key importance.

Allowed Uses with Zoning Certificate

Accessory uses and structures customarily incidental and subordinate to the principal use

Accessory Use Structure

Club

Excavation

Home Occupation

Single Family Dwelling

Bed and Breakfast – Accessory Use

Dwelling, two family

Fraternal Organizations

Mobile Home

Wayside Stand

Subject to Site Plan Review

Agricultural Service Use Automobile Service Station Bed and Breakfast – Tourist Accommodation	Agricultural Use Airport/Heliport Campground
	Church
Commercial Boat Storage Commercial Use on APA Compatible Use List (other than those allowed with Zoning Permit above)	Commercial Recreation Use Community Facility Computer Related Facility
Day Care Center Dwelling, attached	Dwelling, Multiple Family
Dwelling, Townhouse
Forestry Use	Food Store
Funeral Home Government Office or Agency Group Camp	Garage Public

Kennel Mail Order Business	Major Public Utility Use Marina
Medical Building
Professional Office Restaurant, Fast Food Retail Business, Commercial	Public or Semi-Public Building Restaurant, Full Service Retail Business, General
School	Shopping Center
Ski Center	Tourist Accommodation
Transient Mobile Home/Travel Trailer Camp	Waste Treatment Site (Municipal Only)
Watershed Management/Flood Control Project Water Bottling Plant

Any New Land Use and Development, including single family dwellings, in any district on lands at an elevation in excess of 1,400 feet above sea level or on slopes in excess of 15% shall be subject to project review.

For all commercial uses any change of use or any increase in the size of the structure or in the area of lot coverage shall be subject to project review.

See Section 4.03 for dimensional regulations - Moderate Intensity

H. Use Chart - Low Intensity (L)

Purpose: To create an open, rural residential environment.

Allowed Uses with Zoning Certificate

Accessory uses and structures customarily incidental and subordinate to the principal use

Bed and Breakfast – Accessory Use

Forestry Use

Home Occupation

Mobile Home

Single Family Dwelling

Excavation

Fraternal Organizations

Hunting and/or fishing cabins under 500 sq. ft.

Wayside Stand

Subject to Site Plan Review

Agricultural Service Use Airport/Heliport Bed and Breakfast – Tourist Accommodation	Agricultural Use
Church
	Commercial Boat Storage
Commercial Recreation Use Commercial Use on APA Compatible Use List (other than those allowed with Zoning Permit above	Commercial Sand and Gravel Extraction Community Facility
Dwelling, attached
Dwelling. Two Family
Firing Range
	Funeral Homes
Game Preserve
Group Camp
	Kennel
Major Public Utility Use	Marina
Marina, Quick Launch
	Water Bottling Plant
Private Sand, Gravel or Topsoil Extraction	Public or Semi-Public Building
Restaurant, Full Service	Rooming House
School	Watershed Management/Flood Control Project Waste Treatment Plant, Public

For all commercial uses any increase in the structural size or any addition or change in use shall be subject to project review,

See Section 4.03 for dimensional regulations - Low Intensity

I. Use Chart - Rural Use (RU)

Purpose: To create a residential environment that is compatible with open space and traditional rural uses.

Allowed Uses with Zoning Certificate

Accessory uses and structures customarily incidental and subordinate to the principal use

Agricultural Uses

Bed and Breakfast – Accessory Use

Forestry Use

Home Occupation

Mobile Home

Single Family Dwelling

Fraternal Organizations

Hunting and/or Fishing Cabins under 500 sq.ft

Wayside stand

Subject to Site Plan Review

Agricultural Service Uses Bed and Breakfast – Tourist Accommodation	Airport/Heliport
Campground	Church
Commercial Use on APA Compatible Use List (other than those allowed with Zoning Permit above	Commercial Sand and Gravel Operations
Community Facility	Dwelling, attached
Dwelling, multiple family	Dwelling, townhouse
Dwelling, two family	Firing Range
Forestry Use, Structure

Group Camp
Kennel
	Water Bottling Plant
Private Sand, Gravel or Topsoil Extraction	Public or Semi-Public Building
Restaurant, Full Service	Riding Stables
Rooming House	School
Ski Center	Timber Harvest of less than 25 acres
Tourist Accommodation	Waste Treatment, Public
Watershed Management/Flood Control Project

For all commercial uses any increase in the structural size or any addition or change in use shall be subject to project review.

See Section 4.03 for dimensional regulations - Rural Use.

J. Use Chart - Resource Management (RM)

Purpose: To provide and maintain natural vistas in areas where soil and slope conditions are least favorable for development.

Allowed Uses with Zoning Certificate

Accessory uses and structures customarily incidental and subordinate to the principal use

Agricultural Uses

Bed and Breakfast – Accessory Use

Excavation

Game Preserve

Mobile home

Single family dwellings

Forestry Use

Hunting and/or fishing cabins under 500 sq. ft.

Wayside Stand

Subject to Site Plan Review

Agricultural Service Use
Bed and Breakfast – Tourist Accommodation
Campground	Church
Commercial Use	Commercial Sand and Gravel Extraction
Community Facility	Dwelling, Multiple Family
	Firing Range
	Forestry Use Structure
Forestry use structures	Game Preserve

Group Camp	Home Occupation
Hunting and fishing cabins*
	Kennel
Major Public Utility Use
	Private Sand, Gravel or Topsoil Extraction
Public or Semi-Public Building	Restaurant, Full Service

Ski Center
	Tourist Accommodation
Watershed Management/Flood Control Project

*and other private club structures involving 500 sq. ft. or more of floor space.

Any New Land Use or Development, including single family dwellings, in any district on lands at an elevation in excess of 1 400 feet above sea level or on slopes in excess of 15% shall be subject to project review.

For all commercial uses any increase in the structural size or any addition or change in use shall be subject to project review.

See Section 4.03 for dimensional regulations - Resource Management

K. Use Chart - Industrial Use Areas (I)

Purpose: To create economic opportunities for the community through light, environmentally appropriate industry.

Allowed Uses with Zoning Certificate	Accessory Uses
Accessory uses and structures customarily incidental and subordinate to the principal use

Subject to Site Plan Review

Agricultural service uses	Commercial Sand and Gravel Extraction
Commercial Use	Industrial use
Junkyards	Major Public Utility Use
Mineral Extraction	Mineral Extraction Structures
	Public and semi-public buildings
Waste Treatment Plant	Wood Product Mills

Any New Land Use or Development, including single family dwellings, in any district on lands at an elevation in excess of 1,400 feet above sea level or on slopes in excess of 15% shall be subject to project review.

For all commercial uses any increase in the structural size or any addition or change in use shall be subject to project review.

See Section 4.03 for dimensional regulations - Industrial

Section 4.03 Schedule of Area, Bulk, and Height Controls.

District

Intensity

Minimum

Lot Size

Minimum Setback

Minimum Dimensions

Maximum Height

Maximum Lot Coverage

(Impervious

Area)

Front

Side

Back

Road Frontage

Depth

Feet

Stories

Hamlet

0.5 acre/ principal building

.50 acre

.25 acre*

25’**

15’

25’

75’

39’

75%

Moderate

Intensity

1.3 acres/ principal building

1 acre

60’

15’

50’

200’

39’

75%

Low Intensity

3.2 acres/ principal building

1 acre

60’

25’

75’

200’

39’

2.5

25%

Rural Use

8.5 acres/ principal building

1 acre

100’

50’

75’

200’

39’

2.5

15%

Resource

Management

43.5 acres/ principal building

1 acre

200’

100’

500’

N/A

39’

Industrial

none

1 acre

50’

15’

50’

100’

150’

39’

N/A

95%

* with municipal water supply

** provided further that in a built-up area where the majority of buildings already erected on the same side of the street within two hundred (200) feet of the lot on which a building is proposed to be erected have structuresetbacks from the front lot line or centerline of the travel way, as the case may be, less or greater than required by these regulations, the setback for the new building shall be the same as for the majority of the buildings, or if there be no majority, the average of all setbacks previously established, provided that in no case shall such front setback be less than twenty-five (25) feet from the front lot line, and provided further that in the case of ashoreline, the provisions of Section 7.01 shall apply.

Lots that include shoreline shall be subject to theadditional restrictions in Section 7.01.

Section 4.04 Application of Regulations.

Except as hereinafter provided:

A. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the districts in which it is located.

B. No building that is hereafter allowed for the district in which such building is located shall be erected or altered which will:

1. exceed the height or bulk;

2. accommodate or house a greater number of families

3. occupy a greater percentage of lot area; or

4. have narrower or smaller front yards, rear yards or side yards

than allowed in the applicable provisions of this Local Law.

C. No part of a yard, lot or other open space, about any building required for purpose of complying with the provisions of this Local Law, shall be included as part of a yard, lot or other open space similarly required for another building.

D. No permit shall be issued for any clearing, principal building, any multi-family residence or any business or industry, or any use listed for site plan review in Section 4.02 until a project has been approved by the Planning Board in accordance with Article 5.

E. All land use or development activities listed in Section 4.02 shall require a zoning permit from the Zoning Administrator.

Section 4.05 Parcels Located in More Than One Zoning District.

Where an applicant owns a parcel or contiguous parcels of land which are located in more than one zoning district, the total number of principal buildings allowable pursuant to Section 4.01 may be distributed among such districts provided:

A. No lot is created which is smaller in area than the smallest lot permitted pursuant to Section 4.03 of this Local Law in any of the districts involved.

B. The total number of principal buildings permitted for the entire parcel as determined by Section 7.16 of this Local Law is not exceeded.

C. Uses prohibited in a district pursuant to Section 4.02 of this Local Law are not located therein.

D. Building rights are not transferred across boundaries of land use areas as shown on the Official Adirondack Park Land Use and Development Plan Map adopted pursuant to Section 805 of the Adirondack Park Agency Act and incorporated into this Local Law pursuant to Section 3.03 hereof.

E. Deed restrictions, scenic or conservation easements or similar devices, approved as to form by the Town Counsel, will be used to assure that any land subject to permit restrictions prohibiting construction of principal buildings as a result of the intensity transfer will remain undeveloped permanently.

Section 4.06 Density and Lot Calculation

A.This zoning law regulates density of development separately from lot size. Whenever a parcel of land is subdivided, the proposed subdivision shall comply with both maximum density and minimum lot size requirements of the land use district. The Planning Board shall establish and the applicant shall show on the plat the number of lots containing one principal building that may be created on the entire parcel to be subdivided.

B.The number of permissible resubdivisions, if any, shall also be marked on each lot or on a table shown on the plat. Plat notations shall indicate, in substance, that either "This lot may contain only one principal building (as defined in the Town of Chester Zoning Law) and may not be further subdivided" or "This lot may contain a maximum of {insert number} principal buildings (as defined in the Town of Chester Zoning Law) and may be subdivided into a total of no more than {insert number} lots." Upon resubdivision of any lot, such notations shall be made for each new lot.

C. If a parcel is improved with one or more existing principal buildings, such principal buildings may be placed on lots that satisfy the minimum lot size requirements for the land use district. Such lots and the principal buildings thereon shall not be considered for purposes of the density calculation in Section 4.06-1, which shall apply only to the remaining unimproved land on the parcel.

D.For purposes of calculating minimum lot size and density under this Section, no state-designated wetlands, waterbodies or land located within the right-of-way of a public highway or of a proposed street which is intended to be dedicated to the Town shall be counted.

E. For the purpose of counting the number of lots (1) any lot to be retained by the subdivider, and (2) all lots in the same land use area which are part of one project and which would otherwise be adjoining but which are located on opposite sides of a public or private road, or railroad or right-of-way owned in fee, shall be counted separately.