Nichols Town City Zoning Code

For the purposes of this chapter, the Town of Nichols is hereby divided into the following zoning districts and combinations thereof:

These basic districts are shown, defined, and bounded on the map entitled "Town of Nichols, New York, Zoning Map," dated April 1990, which accompanies and which with all explanatory matter thereon is hereby made part of this chapter. The Town Board shall engage a qualified person to make changes on said map as decided by the Town Board. The original of said map shall be filed in the Office of the Town Clerk and shall be available for public inspection.

Agricultural districts are those within the boundaries of which there shall be permitted properties, buildings, and other units and equipment for growing crops and flowers and raising livestock and poultry, and other animals and fowl. Such establishments include, but are not limited to:

In residential districts that are also zoned agricultural, animals, poultry, and fowl related to agricultural pursuits must be restricted by fencing, screening, or equivalent to the property owned, rented, or leased by the owner of the animals, poultry, and fowl.

Business districts are those within the boundaries of which there shall be permitted properties, buildings, and other units and equipment used for the sale of goods and/or services. These include, but are not limited to:

The storage and distribution of hazardous materials such as chemicals, petroleum products, and others are subject to all federal, State of New York, and local laws and ordinances.

Industrial districts are those within the boundaries of which there shall be permitted properties, buildings, and other units and equipment for the production of raw materials and manufactured goods. These include, but are not limited to:

Mining operations are subject to all federal and State of New York regulations and all local land reclamation laws.

The following trades, industries, or uses are allowed only by special permit of the Town Board. Permit procedures shall be those specified in § 194-45 of this chapter: acid manufacture, alcohol manufacture, ammonia manufacture, bleaching powder, or chlorine manufacture, arsenic, asphalt manufacture or refining, automobile wrecking, bag cleaning, blast furnace, boiler works, bottle gas storage, brick, tile or terra cotta manufacture, candle manufacture, celluloid manufacture, cement, lime, gypsum or plaster of Paris manufacture, central mixing plant for cement, mortar, plaster or paving materials, cheese manufacture, coke oven, creosote treatment or manufacture, disinfectants manufacture, distillation of bones, coal, or wood, dyestuff manufacture, explosives manufacture or storage, extermination and insect poison manufacture, garbage, offal or dead animal reduction or dumping, gas manufacture, iron, steel, brass or copper foundry or fabrication plant, lamp black manufacture, match manufacture, oil cloth or linoleum manufacture, paint, oil, shellac, turpentine, or varnish manufacture, petroleum products refining or reclaiming, paper and pulp manufacture, planing mill (except a small wood-working plant), potash works, pyroxylin manufacture, rolling mill, rubber or gutta percha manufacture or treatment, sauerkraut manufacture, shoe polish manufacture, smelting of metal ores, soap manufacture, soda and compound manufacture, stock feeding pen, stockyards or slaughter of animals, stone crusher or quarry, storage of gasoline, oil, or other inflammable liquids except for purposes of immediate retail. Storage or baling of rags, scrap paper, scrap metal or junk, including automobile parts or building materials, salvage yards, stove polish manufacture, tanning, curing, or storage of raw hides or skins, tar roofing or waterproofing manufacture, vinegar manufacture, wool pulling, yeast production, and any trade, industry or use that is so noxious or offensive by reason of emission of odor, dust, smoke, fumes, and/or noise vibration as to be dangerous to public health and safety.

"Industrial District-2" are those districts within the boundaries of which there shall be permitted all of the same activities described above as being permitted in Industrial Districts except that mining (including gravel, sand, etc.) as set forth above shall not be permitted. These districts (Industrial Districts-2) shall be designated on the Town of Nichols Zoning Map as I-2.

Where district boundaries are so indicated as to approximately follow lot lines, such lot lines shall be construed to be such district boundaries.

Where district boundaries are so indicated as to approximately follow road or highway center lines, right-of-way lines, rivers or creeks, such center lines, right-of-way lines, rivers and creeks shall be construed to be such district boundaries.

Where uncertainty remains in determining the precise location of any district boundary line, the Zoning Board of Appeals shall interpret the intent and purpose of the Zoning Map.