ARTICLE 3
DISTRICTS AND
BOUNDARIES
SECTION 3.01 ESTABLISHMENT
OF DISTRICTS
For the purpose of this Ordinance, the Town
of
R-1 Residential
District
R-2 Residential
District
R-A Residential-Agricultural
District
R-M Residential-Manufactured
Home District
C-H Commercial-Highway
District
C-I Commercial-Industrial
District
C-T Commercial-Telecommunications
District
F-P Floodplain
District
P-D Planned
Development District
Said districts are bounded and defined as
shown on a map entitled “Zoning Map of the Town of Schuyler, Herkimer County,
New York”, hereinafter called the “Zoning Map”, adopted by the Town Board and
certified by the Town Clerk which accompanies and which, with all explanatory
matter thereon, is hereby made a part of this Ordinance.
SECTION 3.02 INTERPRETATION OF DISTRICT BOUNDARIES
The following rules shall apply to determine
the boundaries of the districts shown on the Zoning Map:
A. Where district boundaries follow streets
or highways, the center lines of such streets and highways shall be considered
the district boundaries.
B. Where district boundaries are indicated
as parallel to streets or highways, they shall be construed as being parallel
thereto and at such distances therefrom as indicated
in dimensions on the Zoning Map, or if no such dimensions appear, then by
measurement using the scale appearing on the Zoning Map.
C. Where district boundaries follow lot
lines, such lot lines shall be considered to be the district boundaries.
D. Where district boundaries on the Zoning
Map follow routes such as waterways, railroad rights-of-way, the center lines
of the waterways or railroad rights-of way shall be considered to be the
district boundaries.
E. Where a district boundary line divides a
lot in single ownership on the effective date of this Ordinance, or any
amendment thereto, the regulations governing the less restrictive portion of
such lot shall extend a maximum of fifty (50) feet into the more restrictive
portion, provided the lot has frontage on a street in the less restrictive
district.
F. When district boundaries cannot be
clearly determined using the guidelines detailed herein or in the case of a
dispute of a district boundary, the Zoning Board of Appeals shall make a
determination on the location of the boundary, and such determination shall be
final.
SECTION 3.03 APPLICATION OF REGULATIONS
Except as otherwise provided for elsewhere in
this Ordinance:
A. No building or structure shall be
erected, constructed, reconstructed or altered, and no land, building structure
or part thereof shall be used for any purpose or in any manner except as
permitted for the district in which such building or land is located.
B. No building or structure shall be
erected, constructed, reconstructed or altered, nor shall any open space
surrounding any building or structure be encroached upon or reduced in any way
except in accordance with the yard, lot area, height and building location
regulations of this Ordinance for the district in which such building,
structure or open space is, or shall be located.
C. No yard or other open space surrounding
any building located on a lot in conformance with this Ordinance shall be
considered as providing the requisite yard or open space for another building
on such lot. Likewise, no yard or open
space on one lot shall be considered as providing a required yard or open space for a
building on another lot.
D. No use of land or building shall be
allowed which is contrary to the provisions of the respective zoning districts
as contained in this Ordinance.