Southport City Zoning Code
ARTICLE IV
Use Districts
§ 525-11 Agricultural (AR) intent.
This district delineates predominately agricultural and low-density single-family residential areas and areas where such development should occur in the future. These areas are typically not suitable for more-intensive development due to a lack of infrastructure or other environmental limitations. The purpose of this district is to maintain a rural, low-density character and conserve agricultural land by prohibiting uses that are incompatible in development type and intensity of use.
§ 525-12 Residential Low Density (R1) intent.
This district delineates predominately low-density single-family residential areas and areas where such development should occur in the future. Its purpose is to protect the integrity of these residential areas by prohibiting uses that are incompatible in development type and intensity of use.
§ 525-13 Residential Moderate Density (R2) intent.
This district delineates predominately moderate-density single-family residential areas and areas where such development should occur in the future. Its purpose is to protect the integrity of these residential areas by prohibiting uses that are incompatible in development type and intensity of use.
§ 525-14 Residential High Density (R3) intent.
This district delineates residential areas with a mixture of moderate- and high-density housing types and areas where such development should occur in the future. Its purpose is to protect the integrity of these residential areas by prohibiting uses that are incompatible in development type and intensity of use.
§ 525-16 Commercial Neighborhood (CN) intent.
[Amended 8-9-2022 by L.L. No. 4-2022]
This district delineates areas with a mixture of residential and commercial urban fabric, with a range of building types that accommodate a variety of uses, including retail, offices, some single-family and multiunit dwellings, including apartments above shops. Commercial buildings complement the character of residential buildings, and existing houses may accommodate commercial uses. Buildings are placed consistent with the existing established setbacks.
§ 525-17 Commercial Regional (CR) intent.
[Amended 8-9-2022 by L.L. No. 5-2022 (Res. No. 129-2022)]
This district delineates areas that consists of moderate-density buildings that accommodate the greatest variety of uses of regional importance. Buildings accommodate primarily commercial uses, including retail, offices, and semi-industrial uses in designated areas. Mixed-use buildings may include dwellings. Buildings are placed consistent with the existing established setbacks.
§ 525-18 Industrial (I) intent.
This district delineates predominately industrial areas and areas where such development should occur in the future. Its purpose is to allow industrial activity in areas where it will create no detrimental or significant adverse impact on the environment or the community as a whole.
§ 525-19 Conservation (C) intent.
A.
This district delineates open, publicy owned and/or environmentally sensitive areas. Its purpose is to protect the integrity and benefit of these areas, maintain open space, and allow for the free flow of streams at flood events by prohibiting uses that are incompatible in development type and intensity of use. Typically, only the least-intensive and carefully considered types of development are compatible with the goals of this district.
B.
The Conservation District supports low-intensity recreational and agricultural uses that are compatible with the flood hazard and do not require the construction of new buildings. Buildings are prohibited, except for small structures on parcels larger than 10 acres that are a "necessary appurtenance" of the agricultural, recreational, or open space use (such as restrooms and storage sheds). Recreational vehicles, trailers, and portable toilets must be adequately anchored to resist flotation. Open pavilions are not considered buildings and are thus permitted. Filling, storage, pavement and other encroachments on natural drainage and flood flows are prohibited in the Conservation District.
§ 525-20 Use Regulation Table.
The Use Regulation Table for uses permitted in each zoning district is as follows.[1]
[1]
Editor's Note: The Use Regulation Table is included as an attachment to this chapter.
§ 525-21 Activities prohibited in all districts.
A.
No effluent or matter of any kind shall be discharged into any stream or body of surface water which:
B.
The practice of soil stripping shall be limited to the incidental filling of areas within the Town to bring them up to grade, except insofar as is necessary for typical agricultural practices or incidental to excavation for cellar and other structures.
C.
Unless conducted under proper and adequate requirements, no use shall be permitted which will produce corrosive, toxic, or noxious fumes, gas, materials, glare, fire, explosion, electromagnetic disturbance, radiation, smoke, odors, dust, waste, noise or vibration, or other objectionable features so as to be detrimental to the public health, public safety, or general welfare.
D.
The dumping or storage of material in a manner that facilitates the breeding of vermin or endangers health in any way shall be prohibited.
§ 525-22 Exceptions in all districts.
A.
Public properties. Nothing in this chapter shall restrict construction or use in the exercise of governmental use of a governmental building or lot.
B.
Public utilities. Nothing in this chapter shall be construed as prohibiting outright the construction or use of underground or overhead distribution facilities of public utilities operating under the laws of the State of New York. The construction or use of public utilities' underground and overhead distribution facilities shall be subject to Article VIII, Site Plan Review and Approval, and Code § 525-140, Area variances.
[Amended 11-14-2017 by ordinance (Res. No. 174-2017)]