by Andrew Getty
It’s my property!… It’s zoned commercial!…I’m not hurting anyone!… How come he can do it, but I can’t!… Selective enforcement!… Something is fishy!… Obviously it’s all about who you know!… I pay taxes so you can’t stop me!… I’m calling my attorney!…
What is zoning? Let’s start there. First, it has absolutely nothing to do with construction, existing building, fire safety, property maintenance, sanitary (including septic systems) or life safety codes.
All of those are regulated by New York State Law under the Uniform Fire Prevention and Building Code. And that code is completely modeled around the Interna-tional Code.
No matter how big or small, all municipalities must provide for the administration and enforcement of the Uniform Code or “opt-out.”
If a local village or town chooses to opt-out, then next governmental jurisdiction (usually a county) must pick up the responsibilities.
Most municipalities do have their own Code Enforcement Department, because most municipalities also have local Zoning laws.
The administration of local Zoning laws and the State Uniform Fire Prevention and Building Code are very closely tied together… but are very distinctive and separate at the same time.
So, again, what is Zoning?
The word zoning is derived from the concept of “zones”… synonymous to districts or areas.
Any town that has Zoning did at one time do a comprehensive analysis of existing and anticipated uses of the entire land area of the town (or village, city).
Then those uses were compared to environmental restraints caused by natural characteristics of the land, traffic patterns, and potential growth areas suitable for residential, commercial, industrial or agricultural activities.
Once a complete picture of the town is mapped out it becomes clear as to where certain types of land uses would be appropriate, and where not so appropriate.
The boundaries of “zoning districts” are drawn accordingly.
Environmental restraints and the availability to public sewer and water often drive how intense a use can be.
Minimum lot size is the best example. Steep slopes, out-cropping of bedrock, poor soil conditions, wetlands, river and shorelines around lakes are not conducive to high density development.
Not intending to pick on any specific area, the Hollywood Hills area is a classic, textbook example for the need of Zoning regulations.
In fact, that area was one of a number of areas in the Town of Webb that was the catalyst to create and enforce Zoning regulations because of the unregulated, uncontrolled manner in which development was progressing.
After years of study, controversial public hearings, support and opposition, the Town of Webb’s Zoning Laws were adopted in 1965… 50 years ago.
However, by that time Hollywood Hills, and quite a few of other areas as well, were chopped up into small lots, structures built without regard to location and proximity to shorelines, property lines, roads or other buildings… thus creating lots of “grandfathering” issues.
Back to “Why Zoning?”
Purpose & Scope as taken straight out of the Zoning Ordinance:
“The purpose of this Ordinance is to promote the health, safety, morals and general welfare of the community and thus to lessen congestion in the streets; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public services; to protect and preserve aesthetic values and natural resources; and to encourage the most appropriate use of land and to channel and direct growth throughout the Town, under and pursuant to the Town Law and the General Municipal Law of New York State as amended.
“This Ordinance shall apply to the erection, construction, reconstruction, altera-tion, use and change in use of any building, structure or appurtenant system, and any lot, plot or parcel of land used, occupied or otherwise maintained in the Town of Webb as herein provided.”
What do you think the Town would look like today if Zoning never happened?