(A) Types of zoning districts. All areas within the zoning jurisdiction of the town are hereby divided into zoning districts within which the use of land and water areas; the location, height, bulk, appearance and use of structures; the provision of parking and loading areas; and the provision of buffers and screening areas are regulated as herein provided. Zoning districts within the town fall within one of the following three categories.
(1) General Use Zoning districts. Each General Use District category serves a different purpose and imposes its own set of requirements and restrictions on the use of land in addition to the general requirements and restrictions imposed on all land or uses within the zoning jurisdiction. A General Use District may be layered with an overlay district, which is a special type of General Use District.
(2) Conditional Zoning Districts.
(a) Most Conditional Districts are established as parallel or counterpart districts to a General Use District. In such cases, references in the zoning ordinance to the General Use District shall be construed to also include the counterpart Conditional District. In addition, there are several districts which exist only as Conditional Districts and do not have Counterpart General Use Districts. Conditional Districts, like General Use Districts, may be layered with Overlay Districts.
(b) Each Conditional District with a counterpart General Use District is intended to accomplish the purposes of the counterpart district through the development of identified uses at a specific location in accordance with this article. All regulations and uses which apply to a General Use District also apply to the counterpart Conditional District and no use shall be allowed in the Conditional District that is not allowed in its counterpart General Use District.
(c) Additional conditions, which may be suggested by the petitioner as part of the rezoning process, shall be binding upon property within a Conditional District in perpetuity or until the property is rezoned by the Town Board. The conditions may include increased buffers, architectural features, access, parking, hours of operation or any other feature of the development that is integral to meeting the spirit and intent of this article or that serves to mitigate the impacts of the development on adjacent property or the community at large. The conditions must be enforceable by the town, presented by the petitioner during the public hearing as part of the rezoning petition and agreed to by the Town Board during the rezoning process.
(d) This is a voluntary procedure which is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative or speculative proposals which may not be undertaken for some time. Therefore, the rezoning of land to a Conditional Zoning District is appropriate only in response to a firm development proposal.
(3) Overlay Districts. Overlay Districts are established to provide for certain additional requirements, to permit uses not otherwise permitted in the underlying district, to prohibit uses allowed in the underlying district or to establish special development requirements for uses permitted. Thus, where Overlay Districts exist and there is a conflict between the requirements and/or uses specified between the overlay and the underlying district, the standards of the Overlay District shall prevail. Otherwise, the standards of the underlying district shall also be in effect for any area additionally zoned for an overlay district. A zoning map change either establishing or changing any Overlay District shall be subject to the same procedures and requirements as any other zoning map change. In certain areas, two or more Overlay Districts may apply to the same parcel of land.
(B) Districts named.
District Abbreviation | District Name | Classification |
District Abbreviation | District Name | Classification |
OSR & OSR-CD | Open Space District | Residential |
GR & GR-CD | General Residential District | Residential |
NR & NR-CD | Neighborhood Residential District | Residential |
NC & NC-CD | Neighborhood Center District | Mixed Use |
TC & TC-CD | Town Center District | Mixed Use |
HC & HC-CD | Highway Commercial District | Commercial |
TND & TND-CD | Traditional Neighborhood Development District | Mixed Use |
CI & CI-CD | Campus Institutional District | Mixed Use |
CB & CB-CD | Campus Business District | Commercial |
SP & SP-CD | Special Purpose District | Commercial |
GI & GI-CD | General Industrial District | Industrial |
FP | Floodplain District | Environmental |
MH & MH-O-CD | Manufactured Home Overlay District | Residential |
MF & MF-O-CD | Multi-family Overlay District | Residential |
WS-O | Watershed Overlay District | Environmental |
(C) Zoning district boundary interpretation.
(1) Where district boundaries are shown within a street or alley right-of-way, railroad or utility line right-of-way, recorded easement or navigable or non-navigable waterway, the boundaries shall be construed to be in the center of the right-of-way, easement or waterway.
(2) Where district boundaries are so indicated that they approximately follow lot lines or town, city or county borders, the lines shall be construed to be the district boundaries, unless otherwise indicated.
(3) Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, highways or railroads or rights-of-way of same, the district boundaries shall be construed as being parallel thereto and at the distance therefrom as indicated on the zoning map. If no distance is shown, the distance shall be determined by use of the scale shown on the official zoning maps.
(4) Where a district boundary line divides a single lot, each part of the lot shall be used in conformity with the standards established by these regulations for the district in which that part is located.
(5) If, because of error or omission in the maps, any property within the jurisdiction of this article is not shown as being in a zoning district, the property will be classified as OSR until changed by amendment.
(6) When a zoning case file contains detailed, verifiable information regarding the boundary, that information will be used as the correct boundary location.
(7) In instances where none of the above methods are sufficient to resolve the boundary location, the Board of Adjustment shall establish the boundary location.
(2003 Code, § 8-3.3.1) (Updated 2009)