Southport City Zoning Code
ARTICLE III
Establishment of Districts
§ 525-6 Conformity with requirements.
No building, structure, or lot shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, altered, or reconstructed, unless in conformity with the requirements herein specified for the district in which it is located, except as hereinafter provided.
§ 525-7 General requirements.
A.
No structure shall hereafter be erected, constructed, altered, or reconstructed except in conformance with the requirements and procedures of this chapter.
B.
No part of a required yard or other open space around 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 required for another structure.
C.
No lot shall be reduced in size so that its area or any of its dimensions or open spaces would be smaller than required by this chapter.
E.
This chapter shall be interpreted and applied so that it provides the minimum requirements for the promotion of the public health, safety and general welfare.
F.
A use not specifically permitted shall be deemed to be prohibited.
G.
Regardless of any other provisions of this chapter, any use that is noxious or offensive and constitutes a public nuisance by reason of emission of odor, dust, noise, vibration, smoke, gas, fumes or radiation or which presents a hazard to public health or safety is prohibited.
H.
Approval of a use under this chapter shall not abrogate an applicant's responsibility to obtain all other required local, county, state or federal permits or approvals as appropriate.
§ 525-8 Zoning districts.
In order to fulfill the purpose of this chapter, the chapter establishes the following districts:
AR | Agricultural |
R1 | Residential — Low Density |
R2 | Residential — Moderate Density |
R3 | Residential — High Density |
CN | Commercial Neighborhood |
CR | Commercial Regional |
I | Industrial |
C | Conservation |
§ 525-9 Zoning Map.
The location and boundaries of said zoning districts are hereby established on a map designated "Zoning Map of the Town of Southport," which map is kept on file and will be available for public viewing in the office of the Town Clerk, and such map is hereby declared to be part of this chapter.
§ 525-10 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundary of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A.
Center line and right-of-way lines. Where district boundaries are indicated as approximately following the center line or right-of-way lines of a road, public utility easement, or watercourse, 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 road, public utility or watercourse is moved not more than 20 feet.
B.
Lot or boundary lines. Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines, or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C.
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 use of the scale shown on the Zoning Map.
D.
In the event of a questionable district boundary, the questionable boundary shall be referred to the Zoning Board of Appeals, and it shall, to the best of its ability, establish the exact boundary.
E.
Precise district 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 lot is divided by a district boundary line, the requirement for each respective district shall apply, except:
(1)
In all cases where a lot in one 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 requirement prescribed for such less-restricted district shall apply to the more-restricted portion of said lot for a distance of 30 feet from the zoning district boundary. For purposes of this chapter, the more-restricted district shall be deemed that district that prohibits a particular intended use of a lot or that sets a higher standard with respect to setback, coverage, yards, screening, landscaping and/or similar requirements.
(2)
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, the requirement applicable to the greater part of the lot shall apply to the entire lot.
G.
Buildings divided by zoning district lines. Where a district boundary line divides a building existing on the effective date of this chapter, so that 50% or more of such building lies within the less-restricted district, the requirement prescribed by this chapter for such less-restricted district (as defined in Subsection F above) shall apply to the entire building. Such provisions shall apply only if, and as long as, the building is in single ownership and its structural characteristics prevent its uses in conformity with the requirements of each district.