Elmira City Zoning Code
ARTICLE III
Establishment of Districts
§ 217-6 Application of regulations.
No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, moved, or altered, unless in conformity with the regulations specified in this chapter for the district in which it is located, except as hereinafter provided.
§ 217-7 General regulations.
A.
No structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of dwelling units, to occupy a greater percentage of lot area, or to have narrower or smaller rear yards, front yards or side yards than are specified herein for the district in which such structure is located.
B.
No part of a required yard or other open space about any structure required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another structure.
C.
No lot shall be so reduced in size that its area or any of its dimensions or open spaces shall be smaller than required by this chapter.
D.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, public safety and general welfare.
E.
Any use not specifically listed as permitted, either as-of-right or under site plan or special permit approval for a district in § 217-20, Use Regulation Table, shall be deemed to be prohibited.
F.
Except as otherwise herein provided, no more than one principal use shall be permitted per lot.
§ 217-8 Zoning districts.
A.
Names of districts. In order to fulfill the purpose of this chapter, the Town of Elmira establishes and is hereby divided into the following nine districts:
Agricultural-Rural Residential (AR) | |
Agricultural Residential (ARA) | |
Residential-Low Density (AAA) | |
Residential-Moderate Density (AA) | |
Residential-High Density (A) | |
Neighborhood Business (NB) | |
General Business (GB) | |
Manufacturing (M) | |
Conservation (C) |
B.
Floating district: Planned Multiple Residential Development (PMRD). This chapter also establishes a flexible, floating district, the Planned Multiple Residential Development (PMRD), which may be applicable in the Town as long as specified criteria and conditions are met.[1]
C.
Overlay districts: Flood Damage Prevention Overlay (FDPO). Areas of special environmental concern exist in the Town which cut across zoning district boundaries. This chapter, therefore, establishes a Flood Damage Prevention Overlay (FDPO) area of special restrictions which "overlay" other zoning districts and requirements, and adopts by reference all of the procedures, standards and requirements established in Chapter 116, Flood Damage Prevention, of the Code of the Town of Elmira, as may be amended.
§ 217-9 Zoning Map.
The location and boundaries of zoning districts are hereby established on a map designated "Zoning Map of the Town of Elmira," which map is kept on file and will be available for public viewing in the office of the Town Clerk, and such maps, and all amendments made thereto, are hereby declared to be part of this chapter.
§ 217-10 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A.
Center lines and right-of-way lines. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements, or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way of such street, highway, public utility or watercourse is moved not more than 25 feet.
B.
Lot or boundary lines. Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines or extensions thereof, said boundaries shall be construed to be coincident with such lines or extensions thereof.
C.
Parallel to lot or boundary lines. Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines, or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.
D.
Depth of districts. District boundaries shall be determined by use of the scale of the Zoning Map.
E.
Procedure for determination of boundaries.
(1)
In the event of a questionable district boundary, the questionable boundary shall be referred to the Zoning Board of Appeals, and it shall establish the exact boundary.
(2)
Upon the determination by the Zoning Board of Appeals, said boundary line shall be marked on the aforesaid copy of the Zoning Map with the date of the determination.
(3)
The copy of the Zoning Map showing any such determinations under this section shall be on file at the office of the Town Clerk.
(4)
Precise zone boundary determinations made by the Zoning Board of Appeals in accordance with the above rules shall be considered final and conclusive and may only be altered by amendment of the Zoning Map by the Town Board.
F.
Lots divided by zoning district lines. Where a district boundary line divides a lot in single or joint ownership of record at the time such line is established, the regulations for each respective district shall apply except as follows:
(1)
In all cases where a lot in single ownership, other than a through lot, is divided by a district boundary so that 50% or more of such lot lies in the less-restricted district, the regulations prescribed for the less-restricted district shall apply to the more-restricted district of said lot for a distance of not more than 30 feet from the zoning district boundary. For purposes of this chapter, the more-restricted district shall be deemed that district having regulations which prohibit the particular use intended to be made of said lot, or which sets higher standards with respect to setback, coverage, yards, screening, landscaping and similar requirements.
(2)
In all cases where a district boundary line is located not farther than 15 feet from a lot line of record, the regulations applicable to the greater part of the lot shall be deemed to apply to the entire lot.