Overview of Changes only – Draft of the Proposed Law Follows
The Town of Essex will hold 2 Public Hearings regarding the
proposed revisions to the Town Zoning Law and any other business
to come before the Board. The first meeting will be Tuesday, August
9, 2011 at 7 PM at the Essex Town Hall.
The second meeting will be held at the Whallonsburg Grange Hall
on Tuesday, August 23, 2011 at 7 PM.
The proposed revised Zoning Law follows and can also be picked up at the Essex Town Hall
M-F 8:30 to 3:30.
Audrey Hoskins, Town Clerk
To: Essex Planning Board, Essex Town Board
From: Zoning Revision Committee (Ted Cornell, Don Hollingsworth, Jim LaForest, Claire LaPine, Jim Van Hoven, chair)
Re: Proposed Changes in the Zoning Law
Date: May 4, 2011
Attached please find a “final” DRAFT of the Zoning Law as revised by the Zoning Law Revision Committee. This document is the result of about two years of work by the committee. During that time we have met about once every two weeks. Initially we spent this time going page by page through the existing law, making suggested revisions as we worked through it. More recently we have spent time with Matt Kendall of the APA, synchronizing the Essex Land Use Map with that of the APA. That effort is now completeand will result in no increased restrictions on a property owner’s land use. Finally, we reviewed recommendations made by attorney William Kissel to ensure the changes are consistent with current state law and regulations and incorporated them into the document. His letter is attached to this memo for your reference.
It is time now to share our work with both the Planning Board and Town Board, in anticipation of the steps required to formally adopt the revisions in the law that are contained in “Article 9, Amendment.” We are asking the Town Board to review our work informally at this time, directing any questions to Jim Van Hoven, Chair. We are asking the Planning Board to formally review these revisions at its May meeting and pass a resolution recommending those changes and others they deem appropriate to the Town Board. The Town Board may then schedule one or more public hearings on the changes and ultimately adopt them. Other agencies must be informed per the law.
After some discussion regarding how best to present the changes to members of the Planning and Town Boards in a clear manner, we agreed to give you a DRAFT final copy accompanied by this memo that highlights the changes section by section. Corrections of typos in the original and some wording changes that do not affect the meaning or intent of the law are not referenced here. Kissel’s letter of April 14 is referred to several times in the comments below.
First, however, an overview of the major changes:
• A redrawn Land Use map of the Town (Schedule B) created in cooperation with the APA so that its Land Use Districts correspond to those of the Town and vice versa. This will make it easier for property owners to determine the zoning parameters for their land. In redrawing these land use districts, no increased restrictions on a property owner’s land use were created, and in many instances restrictions were reduced.
• Streamlining of the permitting process. The existing Special Use Permit is renamed Special Permit. The separate Site Plan Review permit is replaced with an addendum to the Special Permit. These changes will better clarify the purpose of these permits and reduce paper work for the applicant.
• Changes in the permitting requirements for various Land Use Districts and the projects proposed for them, per Schedule A of the Zoning Law.
• Expansion of the Essex Hamlet to include the town library and properties between Library Brook and the north side of Route 22 as it exits the Hamlet towardBouquet, and more land to the west of Elm Street. Currently the APA Hamlet does not include these properties and the Hamlet definition in the current law is imprecise. The expanded Hamlet would include almost all properties in the new sewer district as well as most properties in the water original district prior to expansion. All Hamlet properties will be in the Historic Overlay District.
• Revision of the boundaries of the Whallonsburgh Hamlet to correspond to the current APA boundaries for Whallonsburgh.
• Changes in the boundaries of the Historic Overlay District. It will now include all lands in the revised Essex Hamlet and lands to the north of the Hamlet between the lake and route 22, and extending 1000 feet west of route 22.
• Changes in the Shoreline Overlay District. The description of the existing District’s western boundaries is ambiguous and ill defined. The revised District will include all lands from the southern to the northern boundary of the Town that extend 1000 feet west of the shoreline of Lake Champlain.
• Various specific changes to portions of the Zoning Law (e.g. Wind Turbines, Political Signs, etc.
The following are more detailed descriptions of these and other recommended changes. Minor formatting and/or wording changes that do not alter the intent of the original law are not listed.
Table of Contents:
This has not been revised. It will be after all final revisions are made. Ignore it for now.
Article 1: Title….
Attorney Kissel recommended moving the order of some sections within this Article, which we have done.
We have changed “Zoning Permit” to “Building Permit” as the latter is the more appropriate phrase.
We have deleted a phrase in Section 1.5 that requires an applicant to obtain APA approval before or concurrent with Town Approval. Per Kissel recommendation (which at the time referred to section 1.4 – it has since been renumbered per another of Kissel’s recommendations.)
Section 1.8 has been changed to reflect the dates of adoption and amendment of the current law.
Article 2: Administration and Enforcement
“Certificate of Compliance” has been replaced by “Certificate of Occupancy” throughout.
Section 2.3: The Zoning Officer must provide copies of all completed applications to the Chair of the PB as they are received.
Section 2.3-4: a phrase was deleted per Kissel’s recommendation.See his letter.
Section 2.4: Kissel recommended deleting language that allowed agencies other than the Zoning Officer to inspect sites.
Section 2.6: Kissel recommended replacing some language. See his letter.
Section 2.6-1-1: Kissel recommended adding a phrase. See his letter.
Article 3: Land Use Districts and Land Use Map
Changes in this section reflect changes in the labeling of the Essex land use districts to correspond to the language used by the APA. Thus Essex’s “Agricultural” becomes “Resource Management”; “Residential II” becomes “Moderate Intensity Use”. The acreage per principal building for each district was added. Critical Environmental Areas become Resource Management.
The Shoreline Overlay District is redefined per the comments above. Strengthened wording on demolition is included in Section 3.1-8-3.
Section 3.1-8-4 and -8: All dimensional requirements have been revised to conform to APA requirements.
Section 3.1-8-6 F. Added “boat lifts, breakwaters”, also last sentence “Permits shall only be issued…”. Both additions to be consistent with language in the Waterways and Harbor Management Law.
Section 3.1-9 Historic Structures… The Historic Overlay District is redefined per comments above.
Article 4: Supplementary Regulations
Section 4.3 Campgrounds. Density and size of campsites reduced in square footage. Original law too generous.
Words “travel trailer” replaced by “recreational vehicle” throughout.
Section 4.3-6.4 Deleted end of sentence “in lieu of complying with Subsections A and B above” There are no such subsections and the language speaks for itself.
Demolition: added phrase “or have been declared eligible to be”; added Shoreline Overlay District to section 4.5-1
Section 4.11-7 and 4.13-2.7. 20 foot height replaces 15 feet to be consistent with other similar references in the law.
Added definition of clear-cutting to section 4.7-1
Section 4.12-1-4. Added last sentence.
Deleted a paragraph under marinas that referred to a specific situation that no longer exists.
4.15-3-4: replaced language that said a replacement mobile home may not be larger than the one it replaces with statement it must be in compliance with the local law.
4.28-2-7 Signs. Deleted language that regulates when temporary signs can be erected or must be removed. To conform to court order.
4.28-4-1 Signs. Neon signs allowed outside Hamlet Historic District if “compatible with the building’s historic and/or architectural character.”
4.3 Telecommunication Towers/Wind Turbines. A very lengthy and detailed section of the law is removed and all referrals for such structures are to the APA which has extensive regulations. No need to duplicate them. No towers or turbines in Hamlet of Essex.
4.31 “recreational vehicle” replaces “travel trailer”
Article 5: Non-conformity
5.1-4, 5.2-3 Changed wording to allow a non-conforming structure to be moved as long as the non-conformity is not increased. Current law says no move unless it results in being in conformance.
Article 6: Special Permits
6.2-4 Language added “with the applicant …of the project.”
6.2-6 Added. This ensures that the applicant has been in contact with the APA. It does not require APA approval before the PB acts.
6.2-7 At Kissel’s suggestion, deleted phrase giving flexibility to the PB in altering 500 foot requirement – too much discretion without guidelines.
6.3-5-1 Revised to reflect County Planning Board requirement as of April 2001 that only Permits affecting property within 500 feet of a county road or property need be referred.
Article 7: Special Permit with Site Plan
This section is extensively revised to reflect the fact that this permit also includes the same information requirements as Special Permits in Article 6. The additional requirements, which are listed in detail, will become addenda in the Permit Application, once developed. The intent is to streamline the application process which now requires two separate applications – one for a Special Permit and one for a Site Plan Review.
Section 7.4 Procedures. All redundant language in the original law is removed and reference is made instead to the Special Permit procedures in Article 6.
Article 8: Appeals and Variances.
“Zoning Inspector” is replaced by “Zoning Officer” throughout.
Section 8.4-1 Filing must now be within 62 days (not 60) to be consistent with other deadlines in the law.
Section 8.4-2 Wording changed to reflect County Planning Board requirements issued April 2001.
Article 11: Definitions
Boathouse. New. Wording from the APA regulations.
Certificate of Occupancy. Newly added for clarity.
Dock. New Wording from the APA regulations.
Recreational Vehicle. Definition formerly under Travel Trailer.
Schedule A
Compare existing Schedule A (categories are P, SP, and SPR with recommended Schedule A (categories are Building Permit = *, Special Permit = **, Special Permit w Site Plan = ***.) Note Critical Environmental Area combined now with Agricultural to create Resource Management. All other headings now consistent with APA nomenclature. Most changes include adding Site Plan addenda to residential categories in the Hamlets, requiring Special Permit for demolition outside Hamlets, SP with Site Plan for mining/resource extraction.
Schedule B
This is a DRAFT map prepared by the APA that reflects the changes that Essex must make in its land use districts to bring them in line with a new map – delineated by the color coding and accompanying chart of classifications. The APA must make its own changes to its maps to conform to this map. When that happens, Town and APA land use districts will be identical.
The shaded areas are those that must be changed by the Town. In each instance the acreage involved and the changes in zoning classification are shown.
At present this map does not show the current boundaries of the Essex and Whallonsburgh Hamlets which are somewhat different from what is shown, and which are the current APA boundaries. Maps showing those current boundaries are attached for your information and will not be a part of the revised law.
Schedules C & D
These DRAFT schedules (maps) currently describe and show the Shoreline Overlay District and Historic Overlay Districts as described in the law. New maps are being prepared by the APA; the descriptions are quite simple as compared to what exists now. (Note that the Historic District will also contain the following properties on the National Historic Register: Octagon Schoolhouse, Church of the Nazarene, Essex County Home.¬)
Schedule E
Schedule E: Land Use/Dimensional Chart has been revised to show the changes in the names of the land use districts. Two former categories “Agriculture” and “Critical Environmental Area (CEA)” have been merged into one: “Resource Management” as the APA has no CEA category. Where standards differed, the least restrictive use is indicated:
Minimum setback Agric: 75ft CEA 100 ft. New Res. Mgmt.75ft
Minimum frontage width 200 ft250ft 200ft
Minimum road frontage 200 ft 250ft 200ft
No other changes
Schedule F remains unchanged
The Town of Essex will hold 2 Public Hearings regarding the
proposed revisions to the Town Zoning Law and any other business
to come before the Board. The first meeting will be Tuesday, August
9, 2011 at 7 PM at the Essex Town Hall.
The second meeting will be held at the Whallonsburg Grange Hall
on Tuesday, August 23, 2011 at 7 PM.
The proposed revised Zoning Law follows and can also be picked up at the Essex Town Hall
M-F 8:30 to 3:30.
Audrey Hoskins, Town Clerk
To: Essex Planning Board, Essex Town Board
From: Zoning Revision Committee (Ted Cornell, Don Hollingsworth, Jim LaForest, Claire LaPine, Jim Van Hoven, chair)
Re: Proposed Changes in the Zoning Law
Date: May 4, 2011
Attached please find a “final” DRAFT of the Zoning Law as revised by the Zoning Law Revision Committee. This document is the result of about two years of work by the committee. During that time we have met about once every two weeks. Initially we spent this time going page by page through the existing law, making suggested revisions as we worked through it. More recently we have spent time with Matt Kendall of the APA, synchronizing the Essex Land Use Map with that of the APA. That effort is now completeand will result in no increased restrictions on a property owner’s land use. Finally, we reviewed recommendations made by attorney William Kissel to ensure the changes are consistent with current state law and regulations and incorporated them into the document. His letter is attached to this memo for your reference.
It is time now to share our work with both the Planning Board and Town Board, in anticipation of the steps required to formally adopt the revisions in the law that are contained in “Article 9, Amendment.” We are asking the Town Board to review our work informally at this time, directing any questions to Jim Van Hoven, Chair. We are asking the Planning Board to formally review these revisions at its May meeting and pass a resolution recommending those changes and others they deem appropriate to the Town Board. The Town Board may then schedule one or more public hearings on the changes and ultimately adopt them. Other agencies must be informed per the law.
After some discussion regarding how best to present the changes to members of the Planning and Town Boards in a clear manner, we agreed to give you a DRAFT final copy accompanied by this memo that highlights the changes section by section. Corrections of typos in the original and some wording changes that do not affect the meaning or intent of the law are not referenced here. Kissel’s letter of April 14 is referred to several times in the comments below.
First, however, an overview of the major changes:
• A redrawn Land Use map of the Town (Schedule B) created in cooperation with the APA so that its Land Use Districts correspond to those of the Town and vice versa. This will make it easier for property owners to determine the zoning parameters for their land. In redrawing these land use districts, no increased restrictions on a property owner’s land use were created, and in many instances restrictions were reduced.
• Streamlining of the permitting process. The existing Special Use Permit is renamed Special Permit. The separate Site Plan Review permit is replaced with an addendum to the Special Permit. These changes will better clarify the purpose of these permits and reduce paper work for the applicant.
• Changes in the permitting requirements for various Land Use Districts and the projects proposed for them, per Schedule A of the Zoning Law.
• Expansion of the Essex Hamlet to include the town library and properties between Library Brook and the north side of Route 22 as it exits the Hamlet towardBouquet, and more land to the west of Elm Street. Currently the APA Hamlet does not include these properties and the Hamlet definition in the current law is imprecise. The expanded Hamlet would include almost all properties in the new sewer district as well as most properties in the water original district prior to expansion. All Hamlet properties will be in the Historic Overlay District.
• Revision of the boundaries of the Whallonsburgh Hamlet to correspond to the current APA boundaries for Whallonsburgh.
• Changes in the boundaries of the Historic Overlay District. It will now include all lands in the revised Essex Hamlet and lands to the north of the Hamlet between the lake and route 22, and extending 1000 feet west of route 22.
• Changes in the Shoreline Overlay District. The description of the existing District’s western boundaries is ambiguous and ill defined. The revised District will include all lands from the southern to the northern boundary of the Town that extend 1000 feet west of the shoreline of Lake Champlain.
• Various specific changes to portions of the Zoning Law (e.g. Wind Turbines, Political Signs, etc.
The following are more detailed descriptions of these and other recommended changes. Minor formatting and/or wording changes that do not alter the intent of the original law are not listed.
Table of Contents:
This has not been revised. It will be after all final revisions are made. Ignore it for now.
Article 1: Title….
Attorney Kissel recommended moving the order of some sections within this Article, which we have done.
We have changed “Zoning Permit” to “Building Permit” as the latter is the more appropriate phrase.
We have deleted a phrase in Section 1.5 that requires an applicant to obtain APA approval before or concurrent with Town Approval. Per Kissel recommendation (which at the time referred to section 1.4 – it has since been renumbered per another of Kissel’s recommendations.)
Section 1.8 has been changed to reflect the dates of adoption and amendment of the current law.
Article 2: Administration and Enforcement
“Certificate of Compliance” has been replaced by “Certificate of Occupancy” throughout.
Section 2.3: The Zoning Officer must provide copies of all completed applications to the Chair of the PB as they are received.
Section 2.3-4: a phrase was deleted per Kissel’s recommendation.See his letter.
Section 2.4: Kissel recommended deleting language that allowed agencies other than the Zoning Officer to inspect sites.
Section 2.6: Kissel recommended replacing some language. See his letter.
Section 2.6-1-1: Kissel recommended adding a phrase. See his letter.
Article 3: Land Use Districts and Land Use Map
Changes in this section reflect changes in the labeling of the Essex land use districts to correspond to the language used by the APA. Thus Essex’s “Agricultural” becomes “Resource Management”; “Residential II” becomes “Moderate Intensity Use”. The acreage per principal building for each district was added. Critical Environmental Areas become Resource Management.
The Shoreline Overlay District is redefined per the comments above. Strengthened wording on demolition is included in Section 3.1-8-3.
Section 3.1-8-4 and -8: All dimensional requirements have been revised to conform to APA requirements.
Section 3.1-8-6 F. Added “boat lifts, breakwaters”, also last sentence “Permits shall only be issued…”. Both additions to be consistent with language in the Waterways and Harbor Management Law.
Section 3.1-9 Historic Structures… The Historic Overlay District is redefined per comments above.
Article 4: Supplementary Regulations
Section 4.3 Campgrounds. Density and size of campsites reduced in square footage. Original law too generous.
Words “travel trailer” replaced by “recreational vehicle” throughout.
Section 4.3-6.4 Deleted end of sentence “in lieu of complying with Subsections A and B above” There are no such subsections and the language speaks for itself.
Demolition: added phrase “or have been declared eligible to be”; added Shoreline Overlay District to section 4.5-1
Section 4.11-7 and 4.13-2.7. 20 foot height replaces 15 feet to be consistent with other similar references in the law.
Added definition of clear-cutting to section 4.7-1
Section 4.12-1-4. Added last sentence.
Deleted a paragraph under marinas that referred to a specific situation that no longer exists.
4.15-3-4: replaced language that said a replacement mobile home may not be larger than the one it replaces with statement it must be in compliance with the local law.
4.28-2-7 Signs. Deleted language that regulates when temporary signs can be erected or must be removed. To conform to court order.
4.28-4-1 Signs. Neon signs allowed outside Hamlet Historic District if “compatible with the building’s historic and/or architectural character.”
4.3 Telecommunication Towers/Wind Turbines. A very lengthy and detailed section of the law is removed and all referrals for such structures are to the APA which has extensive regulations. No need to duplicate them. No towers or turbines in Hamlet of Essex.
4.31 “recreational vehicle” replaces “travel trailer”
Article 5: Non-conformity
5.1-4, 5.2-3 Changed wording to allow a non-conforming structure to be moved as long as the non-conformity is not increased. Current law says no move unless it results in being in conformance.
Article 6: Special Permits
6.2-4 Language added “with the applicant …of the project.”
6.2-6 Added. This ensures that the applicant has been in contact with the APA. It does not require APA approval before the PB acts.
6.2-7 At Kissel’s suggestion, deleted phrase giving flexibility to the PB in altering 500 foot requirement – too much discretion without guidelines.
6.3-5-1 Revised to reflect County Planning Board requirement as of April 2001 that only Permits affecting property within 500 feet of a county road or property need be referred.
Article 7: Special Permit with Site Plan
This section is extensively revised to reflect the fact that this permit also includes the same information requirements as Special Permits in Article 6. The additional requirements, which are listed in detail, will become addenda in the Permit Application, once developed. The intent is to streamline the application process which now requires two separate applications – one for a Special Permit and one for a Site Plan Review.
Section 7.4 Procedures. All redundant language in the original law is removed and reference is made instead to the Special Permit procedures in Article 6.
Article 8: Appeals and Variances.
“Zoning Inspector” is replaced by “Zoning Officer” throughout.
Section 8.4-1 Filing must now be within 62 days (not 60) to be consistent with other deadlines in the law.
Section 8.4-2 Wording changed to reflect County Planning Board requirements issued April 2001.
Article 11: Definitions
Boathouse. New. Wording from the APA regulations.
Certificate of Occupancy. Newly added for clarity.
Dock. New Wording from the APA regulations.
Recreational Vehicle. Definition formerly under Travel Trailer.
Schedule A
Compare existing Schedule A (categories are P, SP, and SPR with recommended Schedule A (categories are Building Permit = *, Special Permit = **, Special Permit w Site Plan = ***.) Note Critical Environmental Area combined now with Agricultural to create Resource Management. All other headings now consistent with APA nomenclature. Most changes include adding Site Plan addenda to residential categories in the Hamlets, requiring Special Permit for demolition outside Hamlets, SP with Site Plan for mining/resource extraction.
Schedule B
This is a DRAFT map prepared by the APA that reflects the changes that Essex must make in its land use districts to bring them in line with a new map – delineated by the color coding and accompanying chart of classifications. The APA must make its own changes to its maps to conform to this map. When that happens, Town and APA land use districts will be identical.
The shaded areas are those that must be changed by the Town. In each instance the acreage involved and the changes in zoning classification are shown.
At present this map does not show the current boundaries of the Essex and Whallonsburgh Hamlets which are somewhat different from what is shown, and which are the current APA boundaries. Maps showing those current boundaries are attached for your information and will not be a part of the revised law.
Schedules C & D
These DRAFT schedules (maps) currently describe and show the Shoreline Overlay District and Historic Overlay Districts as described in the law. New maps are being prepared by the APA; the descriptions are quite simple as compared to what exists now. (Note that the Historic District will also contain the following properties on the National Historic Register: Octagon Schoolhouse, Church of the Nazarene, Essex County Home.¬)
Schedule E
Schedule E: Land Use/Dimensional Chart has been revised to show the changes in the names of the land use districts. Two former categories “Agriculture” and “Critical Environmental Area (CEA)” have been merged into one: “Resource Management” as the APA has no CEA category. Where standards differed, the least restrictive use is indicated:
Minimum setback Agric: 75ft CEA 100 ft. New Res. Mgmt.75ft
Minimum frontage width 200 ft250ft 200ft
Minimum road frontage 200 ft 250ft 200ft
No other changes
Schedule F remains unchanged
The Town of Essex will hold 2 Public Hearings regarding the
proposed revisions to the Town Zoning Law and any other business
to come before the Board. The first meeting will be Tuesday, August
9, 2011 at 7 PM at the Essex Town Hall.
The second meeting will be held at the Whallonsburg Grange Hall
on Tuesday, August 23, 2011 at 7 PM.
The proposed revised Zoning Law follows and can also be picked up at the Essex Town Hall
M-F 8:30 to 3:30.
Audrey Hoskins, Town Clerk
To: Essex Planning Board, Essex Town Board
From: Zoning Revision Committee (Ted Cornell, Don Hollingsworth, Jim LaForest, Claire LaPine, Jim Van Hoven, chair)
Re: Proposed Changes in the Zoning Law
Date: May 4, 2011
Attached please find a “final” DRAFT of the Zoning Law as revised by the Zoning Law Revision Committee. This document is the result of about two years of work by the committee. During that time we have met about once every two weeks. Initially we spent this time going page by page through the existing law, making suggested revisions as we worked through it. More recently we have spent time with Matt Kendall of the APA, synchronizing the Essex Land Use Map with that of the APA. That effort is now completeand will result in no increased restrictions on a property owner’s land use. Finally, we reviewed recommendations made by attorney William Kissel to ensure the changes are consistent with current state law and regulations and incorporated them into the document. His letter is attached to this memo for your reference.
It is time now to share our work with both the Planning Board and Town Board, in anticipation of the steps required to formally adopt the revisions in the law that are contained in “Article 9, Amendment.” We are asking the Town Board to review our work informally at this time, directing any questions to Jim Van Hoven, Chair. We are asking the Planning Board to formally review these revisions at its May meeting and pass a resolution recommending those changes and others they deem appropriate to the Town Board. The Town Board may then schedule one or more public hearings on the changes and ultimately adopt them. Other agencies must be informed per the law.
After some discussion regarding how best to present the changes to members of the Planning and Town Boards in a clear manner, we agreed to give you a DRAFT final copy accompanied by this memo that highlights the changes section by section. Corrections of typos in the original and some wording changes that do not affect the meaning or intent of the law are not referenced here. Kissel’s letter of April 14 is referred to several times in the comments below.
First, however, an overview of the major changes:
• A redrawn Land Use map of the Town (Schedule B) created in cooperation with the APA so that its Land Use Districts correspond to those of the Town and vice versa. This will make it easier for property owners to determine the zoning parameters for their land. In redrawing these land use districts, no increased restrictions on a property owner’s land use were created, and in many instances restrictions were reduced.
• Streamlining of the permitting process. The existing Special Use Permit is renamed Special Permit. The separate Site Plan Review permit is replaced with an addendum to the Special Permit. These changes will better clarify the purpose of these permits and reduce paper work for the applicant.
• Changes in the permitting requirements for various Land Use Districts and the projects proposed for them, per Schedule A of the Zoning Law.
• Expansion of the Essex Hamlet to include the town library and properties between Library Brook and the north side of Route 22 as it exits the Hamlet towardBouquet, and more land to the west of Elm Street. Currently the APA Hamlet does not include these properties and the Hamlet definition in the current law is imprecise. The expanded Hamlet would include almost all properties in the new sewer district as well as most properties in the water original district prior to expansion. All Hamlet properties will be in the Historic Overlay District.
• Revision of the boundaries of the Whallonsburgh Hamlet to correspond to the current APA boundaries for Whallonsburgh.
• Changes in the boundaries of the Historic Overlay District. It will now include all lands in the revised Essex Hamlet and lands to the north of the Hamlet between the lake and route 22, and extending 1000 feet west of route 22.
• Changes in the Shoreline Overlay District. The description of the existing District’s western boundaries is ambiguous and ill defined. The revised District will include all lands from the southern to the northern boundary of the Town that extend 1000 feet west of the shoreline of Lake Champlain.
• Various specific changes to portions of the Zoning Law (e.g. Wind Turbines, Political Signs, etc.
The following are more detailed descriptions of these and other recommended changes. Minor formatting and/or wording changes that do not alter the intent of the original law are not listed.
Table of Contents:
This has not been revised. It will be after all final revisions are made. Ignore it for now.
Article 1: Title….
Attorney Kissel recommended moving the order of some sections within this Article, which we have done.
We have changed “Zoning Permit” to “Building Permit” as the latter is the more appropriate phrase.
We have deleted a phrase in Section 1.5 that requires an applicant to obtain APA approval before or concurrent with Town Approval. Per Kissel recommendation (which at the time referred to section 1.4 – it has since been renumbered per another of Kissel’s recommendations.)
Section 1.8 has been changed to reflect the dates of adoption and amendment of the current law.
Article 2: Administration and Enforcement
“Certificate of Compliance” has been replaced by “Certificate of Occupancy” throughout.
Section 2.3: The Zoning Officer must provide copies of all completed applications to the Chair of the PB as they are received.
Section 2.3-4: a phrase was deleted per Kissel’s recommendation.See his letter.
Section 2.4: Kissel recommended deleting language that allowed agencies other than the Zoning Officer to inspect sites.
Section 2.6: Kissel recommended replacing some language. See his letter.
Section 2.6-1-1: Kissel recommended adding a phrase. See his letter.
Article 3: Land Use Districts and Land Use Map
Changes in this section reflect changes in the labeling of the Essex land use districts to correspond to the language used by the APA. Thus Essex’s “Agricultural” becomes “Resource Management”; “Residential II” becomes “Moderate Intensity Use”. The acreage per principal building for each district was added. Critical Environmental Areas become Resource Management.
The Shoreline Overlay District is redefined per the comments above. Strengthened wording on demolition is included in Section 3.1-8-3.
Section 3.1-8-4 and -8: All dimensional requirements have been revised to conform to APA requirements.
Section 3.1-8-6 F. Added “boat lifts, breakwaters”, also last sentence “Permits shall only be issued…”. Both additions to be consistent with language in the Waterways and Harbor Management Law.
Section 3.1-9 Historic Structures… The Historic Overlay District is redefined per comments above.
Article 4: Supplementary Regulations
Section 4.3 Campgrounds. Density and size of campsites reduced in square footage. Original law too generous.
Words “travel trailer” replaced by “recreational vehicle” throughout.
Section 4.3-6.4 Deleted end of sentence “in lieu of complying with Subsections A and B above” There are no such subsections and the language speaks for itself.
Demolition: added phrase “or have been declared eligible to be”; added Shoreline Overlay District to section 4.5-1
Section 4.11-7 and 4.13-2.7. 20 foot height replaces 15 feet to be consistent with other similar references in the law.
Added definition of clear-cutting to section 4.7-1
Section 4.12-1-4. Added last sentence.
Deleted a paragraph under marinas that referred to a specific situation that no longer exists.
4.15-3-4: replaced language that said a replacement mobile home may not be larger than the one it replaces with statement it must be in compliance with the local law.
4.28-2-7 Signs. Deleted language that regulates when temporary signs can be erected or must be removed. To conform to court order.
4.28-4-1 Signs. Neon signs allowed outside Hamlet Historic District if “compatible with the building’s historic and/or architectural character.”
4.3 Telecommunication Towers/Wind Turbines. A very lengthy and detailed section of the law is removed and all referrals for such structures are to the APA which has extensive regulations. No need to duplicate them. No towers or turbines in Hamlet of Essex.
4.31 “recreational vehicle” replaces “travel trailer”
Article 5: Non-conformity
5.1-4, 5.2-3 Changed wording to allow a non-conforming structure to be moved as long as the non-conformity is not increased. Current law says no move unless it results in being in conformance.
Article 6: Special Permits
6.2-4 Language added “with the applicant …of the project.”
6.2-6 Added. This ensures that the applicant has been in contact with the APA. It does not require APA approval before the PB acts.
6.2-7 At Kissel’s suggestion, deleted phrase giving flexibility to the PB in altering 500 foot requirement – too much discretion without guidelines.
6.3-5-1 Revised to reflect County Planning Board requirement as of April 2001 that only Permits affecting property within 500 feet of a county road or property need be referred.
Article 7: Special Permit with Site Plan
This section is extensively revised to reflect the fact that this permit also includes the same information requirements as Special Permits in Article 6. The additional requirements, which are listed in detail, will become addenda in the Permit Application, once developed. The intent is to streamline the application process which now requires two separate applications – one for a Special Permit and one for a Site Plan Review.
Section 7.4 Procedures. All redundant language in the original law is removed and reference is made instead to the Special Permit procedures in Article 6.
Article 8: Appeals and Variances.
“Zoning Inspector” is replaced by “Zoning Officer” throughout.
Section 8.4-1 Filing must now be within 62 days (not 60) to be consistent with other deadlines in the law.
Section 8.4-2 Wording changed to reflect County Planning Board requirements issued April 2001.
Article 11: Definitions
Boathouse. New. Wording from the APA regulations.
Certificate of Occupancy. Newly added for clarity.
Dock. New Wording from the APA regulations.
Recreational Vehicle. Definition formerly under Travel Trailer.
Schedule A
Compare existing Schedule A (categories are P, SP, and SPR with recommended Schedule A (categories are Building Permit = *, Special Permit = **, Special Permit w Site Plan = ***.) Note Critical Environmental Area combined now with Agricultural to create Resource Management. All other headings now consistent with APA nomenclature. Most changes include adding Site Plan addenda to residential categories in the Hamlets, requiring Special Permit for demolition outside Hamlets, SP with Site Plan for mining/resource extraction.
Schedule B
This is a DRAFT map prepared by the APA that reflects the changes that Essex must make in its land use districts to bring them in line with a new map – delineated by the color coding and accompanying chart of classifications. The APA must make its own changes to its maps to conform to this map. When that happens, Town and APA land use districts will be identical.
The shaded areas are those that must be changed by the Town. In each instance the acreage involved and the changes in zoning classification are shown.
At present this map does not show the current boundaries of the Essex and Whallonsburgh Hamlets which are somewhat different from what is shown, and which are the current APA boundaries. Maps showing those current boundaries are attached for your information and will not be a part of the revised law.
Schedules C & D
These DRAFT schedules (maps) currently describe and show the Shoreline Overlay District and Historic Overlay Districts as described in the law. New maps are being prepared by the APA; the descriptions are quite simple as compared to what exists now. (Note that the Historic District will also contain the following properties on the National Historic Register: Octagon Schoolhouse, Church of the Nazarene, Essex County Home.¬)
Schedule E
Schedule E: Land Use/Dimensional Chart has been revised to show the changes in the names of the land use districts. Two former categories “Agriculture” and “Critical Environmental Area (CEA)” have been merged into one: “Resource Management” as the APA has no CEA category. Where standards differed, the least restrictive use is indicated:
Minimum setback Agric: 75ft CEA 100 ft. New Res. Mgmt.75ft
Minimum frontage width 200 ft250ft 200ft
Minimum road frontage 200 ft 250ft 200ft
No other changes
Schedule F remains unchanged
Draft Proposed Zoning Law