[Amended 2-20-2008 by L.L. No. 2-2008]
The Town of Batavia is hereby divided into the
following zoning districts and overlay zones:
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AG-R
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Agricultural-Residential District
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R
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Residential District
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H
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Hamlet Residential District
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C
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Commercial District
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HC
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Hamlet Commercial District
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I
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Industrial District
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IP
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Industrial Park District
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MHP
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Mobile Home Park District
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PUD
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Planned Unit Development District
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PBD
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Planned Business Development District
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FPO
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Floodplain Overlay Zone (Information Only)
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WPO
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Wellhead Protection Overlay Zone
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Said zoning districts are bounded and defined
as shown on a map titled "Zoning Map of the Town of Batavia, New York."
The official copy of the Zoning Map is on file at the Town Clerk's
office.
A.
Where uncertainty exists as to the location of any
boundaries shown on the Zoning Map, the following rules shall apply:
(1)
Zoning district boundary lines are intended to follow
streets, rights-of-way, watercourses or lot lines, or be parallel
or perpendicular thereto, unless such district boundary lines are
fixed by dimensions, as shown on the Zoning Map.
(2)
Where zoning district boundaries are indicated as
following approximate streets, rights-of-way, or watercourses, the
center lines thereof shall be construed to be such boundaries.
(3)
Where zoning district boundaries are so indicated
that they follow the edge of lakes, ponds, reservoirs or other bodies
of water, mean high water lines thereof shall be construed to be the
zoning district boundaries.
(4)
Where zoning district boundaries are so indicated
that they approximately follow lot lines, such lot lines shall be
construed to be such boundaries.
B.
If, after the application of the foregoing rules,
uncertainty exists as to the exact location of a district boundary,
the Board of Appeals shall determine the location of said lines.
Where a zoning district boundary line divides
a lot under single ownership on the effective date of this chapter,
leaving part subject to permissive regulations and part subject to
prohibitive regulations, the Board of Appeals, after public hearing,
may permit an extension of the use of that lot into the district where
it is prohibited provided the extension does not extend more than
50 feet into that district. Furthermore, the Board may impose conditions
affecting such extension if required to protect neighboring property.
A single-family dwelling, mobile home, and/or
customary accessory buildings may be placed on any vacant lot of record
existing prior to the effective date of this chapter and having a
minimum of 100 feet in width and 20,000 square feet in area or, if
such lot is located within a water district, a minimum of 75 feet
in width and 16,000 square feet. This provision shall apply even though
such lot fails to meet the requirements for area, width or yard size,
provided that the other requirements of this chapter are met. The
minimum yard requirements for single-family dwellings on existing
lots shall be as follows:
