Elbridge Town City Zoning Code
ARTICLE II
Establishment of Districts
§ 265-3 Establishment of districts.
For the purpose of promoting the health, safety, morals and the general welfare of the community, the Town of Elbridge is hereby divided into the following districts:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Agricultural Zoning District |
Rural Residential District |
Residential "R-1" District |
Service District |
Business "B-1" District |
Business "B-2" District |
Business "B-3" District |
Industrial District |
Eno Point Planned District |
Municipal District |
Kester Homestead Planned Commercial District |
In addition to the foregoing districts, the following floating districts may be established upon application of a proposer for a specific project:
Planned Unit Development District |
Planned Commercial District |
Planned Industrial District |
§ 265-4 Zoning Map.
The boundaries of the districts are established as shown on the map entitled "The Zoning Map of the Town of Elbridge," dated August 22, 2011, and called the "Zoning Map" in this chapter. The Zoning Map, including all the explanatory material on it, is made a part of this chapter.
The Town Clerk shall certify the Zoning Map as part of this chapter and keep it on file in his or her office.
Any changes in district boundaries or other matter shown on the Zoning Map shall be promptly made on the map, accompanied by a signed statement substantially as follows:
"On [date], by action of the Town Board of Elbridge, the following change was made on the Zoning Map." | |
[Brief description of the change] | |
Supervisor | |
Attest: | |
§ 265-5 Interpretation of district boundaries.
If there is uncertainty as to the exact boundaries of districts as shown on the Zoning Map the following rules shall apply:
Boundaries shown as approximately following the center line of highways shall be construed to follow such center lines;
Boundaries shown as approximately following lot lines shall be construed to follow such lot lines;
Boundaries shown as following shorelines of streams, lakes, and reservoirs shall be construed to follow such shorelines.
§ 265-6 Interpretation of uses.
There is no intention to allow any and all uses in the Town of Elbridge. Uses are generally referred to for the purpose of designating the zoning district within which such land uses are allowed. Uses which are defined in § 265-2B shall be interpreted to include other similar uses which have similar attributes and impacts and all uses shall be construed to include accessory uses, buildings and structures. The same approach shall be applied to identified uses which are not defined herein and which should be interpreted based upon general usage of such terms. Certain uses are specifically prohibited in § 265-8 as a matter of Town public policy. However, there may be uses which have been neither referred to as allowed nor prohibited. As to any such uses, it should be recognized that such was omitted due to oversight or a lack of knowledge thereof and therefore should be treated as not allowed and brought to the attention of the Town Board for consideration.
§ 265-7 Application of district regulations.
Except for nonconforming buildings, structures and uses as provided for in Article XI, no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, moved, or altered unless in conformity with all the regulations herein specified for the district in which it is located.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have narrower or smaller rear yards, front yards, side yards, or other open spaces, than is herein specified for the district in which such building or other structure is located.
Corner lots have two front yards, two side yards and no rear yard.
Whenever a single lot is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.
§ 265-8 Prohibited buildings, structures and uses.
The following buildings and structures are prohibited:
More than one principle use building per lot in all districts except in the Planned Commercial District, Planned Industrial District and a farm operation building in the Agriculture and Rural Residential Districts.
No building or structure may be erected or placed upon a parcel of land which does not have a farm operation, a residence or a business located thereon, except a cemetery.
[Amended 12-28-2017 by L.L. No. 1-2018]
A single-family dwelling with less than 900 square feet of habitable space in any district.
[Amended 8-23-2018 by L.L. No. 6-2018; 6-10-2021 by L.L. No. 3-2021]
The following buildings, structures and uses are prohibited in the Eno Point Planned District: All use restrictions contained in Article VI of the Eno Point Declaration of Covenants, Conditions and Restrictions, dated August 19, 1981, and recorded in the Onondaga County Clerk's office on August 19, 1981, in Book of Deeds 2890 at page 180.
The following uses are prohibited:
Excavation mining as regulated by DEC pursuant to Article 23, Title 27, of the Environmental Conservation Law;
Used car or truck sales as an accessory use in any district other than the B-3 District;
A retail sales store larger than 30,000 square feet;
Junkyards and vehicle dismantlers as regulated by Department of Motor Vehicles;
Heavy industrial uses;
Stock yards, slaughterhouses and rendering plants;
Outdoor wood boilers, except as allowed by special permit;
Farm animals as pets in any district other than agricultural or rural residential districts;
The exploration of land for natural gas by hydraulic fracturing;
Storing boats or campers in the front yard in an R-1 Zone.
§ 265-9 Preexisting nonconforming lot of record.
[Added 12-13-2018 by L.L. No. 8-2018]
There exists in the Town of Elbridge a significant number of undeveloped parcels that were created lawfully prior to the adoption of zoning regulations in the Town, or at a time when their dimensions complied with the then applicable zoning regulations, which parcels do not now comply with the geometric requirements of the zoning district in which they are located. These parcels are known as preexisting nonconforming lots of record.
No variance required. Subject to the limitations set forth in Subsections B and C below, no preexisting nonconforming lot of record will be required to obtain an area variance to address a geometric or numerical deficiency in said lots, size, shape, frontage, depth, width, coverage percentage or similar deficiency in order to obtain the right to be developed with a conforming use in said district.
Current compliance required. Notwithstanding the elimination of the requirement for variances in order to be able to develop a preexisting nonconforming lot of record, any proposed building or structure on such a lot shall still be required to comply with all current setback or other geometric or numerical requirements applicable to said proposed buildings or structure's location on said lot
Single and separate ownership required. The exemption created by this section for the need to obtain variances shall only apply to those preexisting nonconforming lots of record which are and have been held in single and separate ownership since the date that said lot became nonconforming. That is, where a landowner owned or owns land contiguous to one or more preexisting nonconforming lots of record, said owner shall be required to combine such other land with the preexisting nonconforming lot or lots of record so as, to the maximum extent possible, end up with only lots that conform to the current zoning requirements. Ownership in this context shall include legal, equitable or otherwise beneficial ownership.