(A) In order to classify, regulate and restrict the locations of trades, industries and the location of buildings designed for specified uses to regulate and limit the height and bulk of buildings hereafter erected or structurally altered, to regulate and limit the intensity of the use of land and lot areas, to regulate and determine the areas of yards and other open spaces within and surrounding such buildings, and to regulate off-street parking spaces and loading spaces, the town, and the contiguous unincorporated territory within the jurisdiction of the Albany Plan Commission is hereby divided into districts of which there shall be ten in number, known as:
(1) RA: Rural District;
(2) R1: Single-Family District;
(3) R2: Two-Family District - Duplex;
(4) R3: Income Property - Sleeping - Boarding;
(5) M1: Multiple-Family - Residence or Apartments;
(6) C1: Neighborhood Commercial - Shops - Grocery;
(7) C2: General Commercial - Business Operation;
(8) I1: Industrial - Manufacturing;
(9) IR: Industrial Reserve Potential Industry;
(10) SX: Special Reserve - Public Use - City - School - Church.
(B) The boundaries of the districts are shown upon the map made a part of this chapter, which map is designated as the District Map: The District Map and all the notations, references and other information shown thereon, are a part of this chapter and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, which District Map is properly attested and is on file with the Town Clerk.
(C) Where uncertainty exists with respect to the boundaries of the various districts shown on the District Map, the following rules apply:
(1) The district boundary lines on the Map are intended to follow either streets or alleys or lot lines, and where the districts designated on the Map are bounded approximately by such streets, alleys, or lot lines, the street or alley or lot line shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the map.
(2) In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the District Map or by dimensions.
(3) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main track or tracks of the railroad line.
(D) All unincorporated territory which may hereafter come within the zoning jurisdiction of the Albany Plan Commission shall be considered as being in the RA Rural District until otherwise changed after public hearing thereon and by chapter.
(E) Whenever any street, alley or other public way is vacated by an official agency, the zoning district adjoining such-street, alley or public way shall be automatically extended in accordance with the ownership thereof following such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended district.
(F) Except as hereinafter provided:
(1) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, except for a purpose permitted in the district in which the building or land is located.
(2) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located.
(3) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations, including minimum floor area requirements, of the district in which the building is located.
(4) No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which such building is located.
(5) Minimum yards, parking spaces and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter, or for any building hereinafter erected, shall not be encroached upon or considered as yard or parking space or open space requirements for any other building, nor shall any yard, or open space or parking space be reduced below the requirements of this chapter for the district in which such lot is located.
(6) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one main building on one lot except as specifically provided hereinafter.
(7) For the purpose of this chapter, utility poles, wires, transformers attached to poles, pipes, and all underground utility mains, conduits, manholes, and similar facilities shall not be subject to any use, height, or yard requirements of the district in which they are located.
(G) The Board of Appeals, in accordance with the rules and regulations governing district boundary determinations, shall determine all questions concerning the exact location of district boundary lines.
(H) All fences shall meet the following requirements:
(1) Improvement location permit. No fence shall be erected without first being issued an improvement location permit pursuant to § 154.06(B).
(2) Location and height limitations; residential districts. No fence exceeding the height of three feet shall be located upon a lot within 30 feet of a street intersection. No fence shall be erected in a public right-of-way or in a utility easement. Fences shall be limited to a minimum height of three feet and a maximum height of six feet. Fences shall have a set-off of one foot from property line.
(3) Location and height limitations; non-residential districts. No fence exceeding the height of six feet shall be located upon a lot within 30 feet of a street intersection. No fence shall be erected in a public right-of-way or in a utility easement. Fences shall be limited to a minimum height of six feet and a maximum height of eight feet. Fences shall have a set-off of one foot from property line.
(Ord. - -, passed 11-24-80; Am. Ord. 2006-5, passed 3-27-06; Am. Ord. 2012-20, passed 9-10-12)