Milltown City Zoning Code
§ 34-19.3
Determination of District Boundaries.
[Ord. No. 919 Art. XIV, C; Ord. No. 02-1127; amended 11-9-2020 by Ord. No. 2020-1494]
Where uncertainty exists as to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
a.
Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed as following such center lines unless such zone boundary lines are fixed by dimensions shown on the official Zoning Map.
b.
Boundaries indicates as approximately following platted lot lines, and where they do not scale more than 10 feet distant therefrom shall be construed as following such lot lines, unless specifically shown otherwise.
c.
In unsubdivided land where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions on the map, shall be determined by the use of the scale appearing thereon.
d.
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
e.
Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
f.
Boundaries indicated as following shorelines shall be construed as following such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed as following such center lines.
g.
Boundaries indicated as parallel to the extensions of features indicated in paragraph a through f above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian right areas are adjoined.
h.
Where a lot is located in part in one zone district and in part in one or more other zone district(s), except as is herein provided to the contrary, the portion of the lot in only one of the zone districts may be developed, and the bulk standards in that district apply to the development on that portion of the lot as if the lot did not cross the zone district. In the alternative, where a lot is located in part in one zone district and in part in one or more other zone district(s), except as is herein provided to the contrary, the entire lot may be used for a purpose permitted in any one of the zones upon application for a conditional use permit and upon determination by the Approving Authority that the proposed use complies with the following standards and conditions:
1.
The bulk standards that apply to the development are the most restrictive of each bulk standard for the zones in which the lot is located. Each bulk standard of each zone shall be compared with the corresponding bulk standard of the other zone(s), and the individual standard that is most restrictive shall apply.
2.
In the event that one of the zones in which the lot is located is a residential zone, no use shall be permitted anywhere on the lot that involves a fast food restaurant. In the event that one of the zones in which the lot is located is a residential zone, there shall be no storage of nonresidential solid waste or the location of solid waste containers for nonresidential solid waste on any portion of the lot in the residential zone, nor the placement of parking spaces for nonresidential uses on any portion of the lot in the residential zone.
3.
Seventeen copies of a set of plans, specifications and plot plans showing overall dimensions, topographical features, the location and intended use of existing and proposed structures, and the relationship of the proposed use to the streets, existing topography, and existing uses shall be filed with the Planning Board along with the application for a conditional use permit.
i.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by paragraphs a through g above, the Planning Board acting as the Board of Adjustment shall interpret the district boundaries.