Current Zoning Ordinance - Article 8

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Zoning Ordinance

(Note: This online version of the Town of Chester Zoning Ordinance is for informational purposes only and may not be the most up to date version available. Please ask at the Town Hall for an Official Version.)

ARTICLE 8 - GENERAL EXCEPTIONS

Section 8.01 General Exception to Minimum Lot Area Requirements.

                 Any nonconforming lot of record as of August 1, 1973 which does not meet the minimum lot area, shoreline frontage, and/or minimum lot width and depth requirements of this Local Law for the zoning district in which such lot is situated shall be considered as complying with such minimum lot dimension, size and density requirements, and no variance shall be required, provided that:

A.  Such lot does not adjoin other lots in the same ownership; provided, however, that all such lots in the same ownership shall merge and be treated together as one lot, and

B.  The lot of record or merged lot has a width of at least two-thirds the minimum lot requirements of this Local Law and a minimum area as follows:

1.      Hamlet, with municipal water- 10,000 sq. feet

2.      Hamlet, without municipal water - 20,000 sq. feet

3.      Moderate Intensity Use Areas - 20,000 sq. feet

4.      Low Intensity Use Areas - 40,000 sq. feet

5.      Rural - 2 acres

6.      Resource Management - 4 acres

      

Section 8.02 Gifts, Devises and Inheritances.

            This Section is intended for long-term use or benefit of the individual receiving the land.

            The proposed division of vacant land resulting from bona fide gift, devise or inheritance by and from natural persons shall not require Planning Board approval as a major or minor subdivision.  Such proposed division shall be submitted to the Planning Board for its confirmation that it constitutes a gift, devise or inheritance, in which case the division shall be deemed non-jurisdictional.  New land use or development on lots, parcels or sites conveyed by individuals, who, on the date of August 1,1973 when Executive Law, Article 27, Adirondack Park Agency Act became effective, owned such land, to members of their immediate families by bona fide gift, devise or inheritance, shall be exempt from the minimum lot size criteria specified in Section 4.03 for the purpose of constructing one single-family dwelling or mobile home on any such lot, parcel or site, providing the construction of said use is permissible in the district within which it is located, but in no case shall such lot be less than one (1) acre. All other permit requirements and restrictions of this Local Law shall apply.

            In all cases, all such lots shall have a width of at least two-thirds the minimum lot requirements and a minimum lot area as follows:

A.            Hamlet, with municipal water - 10,000 sq. feet

B.            Hamlet, without municipal water - 20,000 sq. feet

C.            Moderate Intensity Use Areas - 20,000 sq. feet

D.            Low Intensity Use Areas - 40,000 sq. feet

E.            Rural Use -2 acres

F.            Resource Management - 4 acres

All other permit requirements and restrictions of this Local Law shall apply.