Kirkland City Zoning Code

For the purposes of this chapter, the Town of Kirkland is hereby divided into the following types of districts:

R-R

Rural Residential District

R-TC

T own Center Residential District

R-M

Mobile Home Residential District

P-C

Planned Campus District

C

Commercial District

I

Industrial District

P-D

Planned Development District

O-AC

Agriculture Conservation Overlay District

O-RC

Resource Conservation Overlay District

WPOD

Wellhead Protection Overlay District

The objectives of the specific zoning districts are as follows:

A. R-R Rural Residential District: to maintain active farming areas while providing for low- to moderate-density housing development. The goal is to maintain farmland, open spaces and the general rural character of these areas of the Town. Another aim is to protect sensitive environmental resources, including groundwater and surface water supplies, and erodible soils; to maintain traffic flow and safety by minimizing driveway cuts onto existing roads; and to protect scenic vistas. Allowable residential uses include single- and two-family structures. Development patterns and densities are based upon the carrying capacity of the land. Support retail (e.g., farm stands) are also allowed.

B. R- TC Town Center Residential District: to provide for moderate- to high-density residential uses close to existing services and population centers. The goal is to concentrate residential development in the inner Town center and the hamlets while leaving the outlying areas of the Town rural. In this way, the Town can grow without becoming suburbanized, and agriculture, open space and environmental resources will be protected. Allowable residential uses include single- and two-family structures. Multifamily structures (of appropriate historic village scale and design) are allowed through the site plan review process. Recreation and green space facilities are also provided for and encouraged as part of proposed subdivisions within this district. Selected small-scale business uses are allowed through the special permit process to ensure that their development is well conceived and designed and that it is sensitive to the historic character of the district and existing residential uses.

C. R-M Mobile Home Residential District: to provide opportunities for well-designed mobile home parks that are compatible with adjacent land uses.

D. P-C Planned Campus District: to provide for higher education institutions with specific housing, education and administrative needs. Zoning will accommodate the campus’ evolving needs while protecting the established residential and agricultural character of adjacent properties. The district includes only active campus lands.

E. E.C Commercial District: to provide for areas of planned commercial development within the Town.

F. I Industrial District: to provide for industrial development which IS compatible with surrounding uses.

G. P-D Planned Development District: to provide for innovative development which employs sound planning and design principles. These districts are designed to encourage job and tax base development; they are needed to enhance the existing and future tax base. The zones offer some latitude to develop a mix of complementary uses. The aim is to have orderly, high quality investment. Housing is generally not encouraged, although it could be a supporting part of a larger employment complex.

H. O-AC Agriculture Conservation Overlay District: to protect key farming areas and the resources necessary for agricultural uses within the Town while providing for limited low-density housing development oriented to farm uses (where density means the gross density of a large area).

I. O-RC Resource Conservation Overlay District: to protect floodplains, wetlands and other sensitive environmental areas within the Town, to ensure against loss of life and property from flooding, to maintain areas as natural stormwater retention basins, to maintain and improve water quality and to maintain natural areas for wildlife and human aesthetic enjoyment.

J. WPOD Wellhead Protection Overlay District: to preserve and protect the supply of safe and healthful drinking water for portions of the Town of Kirkland, local residents, employees, and the general public.

Said districts are shown, defined and bounded on the map accompanying this chapter, entitled “Town of Kirkland Zoning Map,” dated August 13, 2007, and signed by the Town Clerk. The Zoning Map and all explanatory material thereon is hereby made a part of this chapter. 7

A. The district boundary lines are generally intended to follow the center lines of streets, the center lines of railroad rights-of-way existing lot lines, the center line of Oriskany Creek, or Town boundary lines, all as shown on the Zoning Map. Where a district boundary does not follow such lines as described above, its position is shown on said Zoning Map by a measurable reference point and/or by a specific dimension expressing its distance in feet from a street center line or other boundary as indicated.

B. The areas within the O-RC Resource Conservation Overlay District include parcels that are wholly or partially within:

(1) The one-hundred-year flood hazard areas as shown on the Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Maps;

(2) Wetland areas as shown on the New York State Department of Environmental Conservation Wetland Inventory Maps; and

(3) Other areas containing significant wetlands, stream corridors, ravmes, rock outcroppings, overlooks and unique settings.

C. The areas within the O-AC Agriculture Conservation Overlay District were determined in October 2004 and considered only parcels larger than 10 acres in size at that time. A parcel was included within the Agriculture Conservation Overlay District if, at that time, it met one or more of the following five criteria:

(1) The parcel was classified as “agriculture” under the NYS Office of Real Property Type Classification Code (All Code 1 OOs) and the property may be, or may have been, wholly or partially within an established New York State Agriculture and Markets agricultural districts.

(2) The parcel was classified as “agriculture” under the NYS Office of Real Property Type Classification Code (All Code 100s) and the parcel contains over 10 acres of “prime ag soils” which were classified by the Oneida County Soil and Water Conservation District.

(3) The parcel was classified as “vacant” (300s) or “rural residence with acreage” (240s) under the NYS Office of Real Property Type Classification Code and the property may be, or may have been, wholly or partially within an established New York State Agriculture and Markets agricultural districts.

(4) The parcel was classified as “vacant” (300s) or “rural residence with acreage” (240s) under the NYS Office of Real Property Type Classification Code and the parcel contains over 10 acres of “prime ag soils” which were classified by the Oneida County Soil and Water Conservation District.

(5) The property may be, or may have been, wholly or partially within an established New York State Agriculture and Markets agricultural districts and the parcel contains over 10 acres of “prime ag soils” which were classified by the Oneida County Soil and Water Conservation District.

D. The boundaries of the Wellhead Protection Overlay Districts are shown on the Zoning Map and are detailed in § 118-16.5 and the “Technical Guidance Memorandum Concerning the Delineation of the Wellhead Protection Overlay Districts within the Town of Kirkland” (9-9-2004). Where the bounds of the Wellhead Protection Overlay District, as delineated on the Zoning Map, are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question or their official designee to show that the boundaries differ from those that are indicated. At the request of the owner(s), whose land has been designated as part of the Wellhead Protection Overlay District, the Town may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of an aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation.

E. If a parcel or combination of parcels for which a land development activity is proposed is wholly or partially within the Wellhead Protection Overlay District, the provisions of § 118-18 (site plan review) of this chapter shall apply to all property within such parcel or combination of parcels.

In the case of a dispute as to the true location of a district boundary line in a particular instance, the Building Inspector may request the Zoning Board of Appeals to render a determination with respect thereto. No boundary may be changed in this process or determination.

Where a lot or combination of parcels for which a single development is proposed is located in more than one zoning district, the Building Inspector shall request the Zoning Board of Appeals to render a determination with respect thereto. The Board shall consider the following factors in making such a determination:

A. Is there an insignificant area in one district? If so, the standards and regulations for the district which comprises the majority of the lot in question should, in most cases, be applied, except as provided below.

B. Is one of the districts the O-RC Resource Conservation Overlay District? If so, the applicant should be required to comply with § 118-15.

C. Is one of the districts the O-AC Agriculture Conservation Overlay District? If so, the applicant should be required to comply with the appropriate review criteria in § 118-18.