Filed Date: 1/15/1981
Status: Precedential
Modified Date: 7/5/2016
James G. Sweeney, Esq. Town Attorney, Monroe
The Town of Monroe by local law has authorized the location of mobile-home parks in certain areas of the town upon issuance of a special permit, provided that the proposed park is not within 1500 feet of another mobile-home park. You ask that we interpret your local law to determine whether the restriction includes a mobile-home park located in a village but within 1500 feet of the proposed park. Second, you ask whether a local law so construed, implements a legitimate zoning purpose.
Towns may adopt zoning regulations and establish districts for zoning purposes (Town Law, §§
The 1500 foot limitation would, in effect, permit zoning and development in another municipality to control development in the town. However, through cooperation with adjoining municipalities, zoning of mobile-home parks could be planned to meet both local and regional needs.
Regarding your other question, this office does not construe local laws, since that is a matter of the intent of the local legislative body faced with local conditions. We hope that the guidance provided herein will be of assistance to you.