A.
Zoning districts.
(1)
For the purpose of this chapter, the Town of Oneonta is hereby divided
into the following zoning districts:
|
R-80
|
Residential-Agricultural District
|
|
RA-40
|
Residential-Agricultural District
[Amended 1-22-1986 by L.L. No. 1-1986] |
|
R-20
|
Residential-District
|
|
R-10
|
Moderate-Density Residential District
|
|
B-1
|
Neighborhood Business District
|
|
B-2
|
General Business District
|
|
ID
|
Industrial District
|
|
ID-2
|
Industrial Park District
[Added 4-11-1990] |
|
HDD
|
Highway Development District
|
|
MHD
|
Mobile Home District
|
(2)
In addition to these basic districts, the following planned development
districts are hereby created:
|
PDD-R
|
Planned Development District - Residential
|
|
PDD-C
|
Planned Development District - Commercial
|
|
PDD-I
|
Planned Development District - Industrial
|
B.
Zoning Map. The boundaries of the zoning districts are shown on the
map entitled "Town of Oneonta Zoning Map," a copy of which is attached
to and hereby made a part of this chapter.[1] The Zoning Map may from time to time be amended in the manner specified in Article XIX of this chapter. The Zoning Map shall show the date of its original adoption, together with the date of the latest amendment shown thereon, and shall be certified by the Town Clerk. The Town Planning Board may from time to time publish copies of the Zoning Map, provided that such copies bear the following notice: "This copy of the Town of Oneonta Zoning Map contains amendments adopted through the date shown hereon, and the user hereof shall consult the map on file with the Town of Oneonta Planning Board for any subsequent amendments."
[1]
Editor's Note: A copy of the Zoning Map is included in a pocket
at the end of this volume.
Where uncertainty exist with respect to the boundary of any
district as shown on the Town of Oneonta Zoning Map, the following
rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center lines or right-of-way lines of streets, highways, railroad
or public utility easements, said boundaries shall be construed to
be coincident with such lines.
B.
Where district boundaries are so indicated that they are approximately
parallel to the center lines or right-of-way lines of streets, highways,
railroads or public utility easements, said boundaries shall be construed
as being parallel thereto and at such distances as are indicated on
the Zoning Map or as shall be determined by the use of the scale shown
on the Zoning Map.
C.
Where district boundaries are indicated as approximately following
the town boundary line, property lines, lot lines or projections thereof,
said boundaries shall be construed to be coincident with such lines
or projections thereof.
D.
Where district boundaries are so indicated that they are approximately
parallel to the town boundary line, property lines, lot lines or projections
thereof, said boundaries shall be construed as being parallel thereto
and at such distances therefrom as are indicated on the Zoning Map
or as shall be determined by the use of the scale shown on the Zoning
Map.
E.
Where a street, highway, railroad or public utility easement center
line or right-of-way line is coincident with a zoning boundary line
and varies from the actual on-the-ground physical monument or mark,
then such on-the-ground physical monument or mark shall determine
said zoning boundary.
F.
Where uncertainty exists in determining the precise location of any
district boundary line, the Zoning Board of Appeals with advice from
the Planning Board shall interpret the intent and purpose of the Zoning
Map.
Where a district boundary line divides a lot in single or joint
ownership at the time such line is adopted, the regulations for the
less restricted portion of such lot may extend not more than 30 feet
into the more restricted portion, provided that the lot has frontage
on a street in the less restricted district.
In order that unnecessary hazard to life or property may be
avoided, areas subject to flooding will be posted on the Town of Oneonta
Zoning Map,[1] and such areas shall be subject to such regulations as
may be hereinafter specified in this chapter in addition to the regulations
prescribed for the zoning district in which such area is located.
Where the position of the floodable area boundary is not clear, an
elevation shall be taken from an agreed upon bench mark to the high
point of the proposed building foundation. If the elevation of the
foundation is found to be below the elevation of the floodable area
contour lines described on the United States Geographical Survey Maps
for the Town of Oneonta, such property shall be construed to be within
the floodable area.
[1]
Editor's Note: A copy of the Zoning Map is included in a pocket
at the end of this volume.
In all districts, uses not specifically listed as permitted shall be deemed as prohibited, and all permitted uses shall be subject to all applicable general and special regulations as may be specified in this chapter as a condition for creation or continuation of said use, except as provided under Article XIV hereinunder.
Except as herein provided:
A.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered except in conformity
with the regulations herein set forth for the district in which it
is located.
B.
Any lot held in single and separate ownership prior to the adoption
of this chapter whose area and/or width and/or depth are less than
the specified minimum lot requirements of this chapter for that district
may be considered as complying with such minimum lot requirements
and no variance shall be required, provided that:
(1)
Such lot does not adjoin other undersized lot or lots held by the
same owner whose aggregate area is equal to or greater than the minimum
lot area required for that district.
(2)
Such lot has an area of at least 3,000 square feet and a minimum
width of at least 50 feet at the required setback line.
(3)
The following minimum yard dimensions are maintained in a district
where yards are required: side yards, 10 feet; front and rear yards,
20 feet.
(4)
All other bulk requirements for that district are complied with.
C.
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed prior to the passage of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for that district may be considered as complying with such minimum lot requirements and no variance shall be required, provided that such lot complies with Subsection B.
For the purpose of these zoning regultions, the highways, streets
and roads of the Town of Oneonta have been designated as either arterial,
collector or local class. Such designation is indicated on the Town
of Oneonta Zoning Map and hereby made part of such map.[1]
[1]
Editor's Note: A copy of the Zoning Map is included in a pocket
at the end of this volume.
