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Town Of Eden City Zoning Code

ARTICLE III

Zoning Districts and Zoning Map

§ 225-5 Classes of districts.

There are hereby established, and the Town of Eden is divided into, classes of districts as listed below:
Symbol
Title
Type
FPO
Floodplain Overlay
An overlay district restricting the use of land for the prevention of flood hazards and changes in the landform that would alter characteristics of floodplains and flood-prone areas. The overlay area shall be that area identified in the most current Flood Insurance Rate Map (FIRM) established by the United States Department of Housing and Urban Development.
PK
Parkland
The intent of this district is to preserve conservation assets that generally consist of areas of ecological/natural value and/or key local and regional recreational assets that are identified in local, county, and state open space and/or recreational plans. Among the ecological/natural values of these areas are the extensive woodlots, plant and wildlife habitat, numerous streams, and natural character that contribute to the rural character of Eden. For dedicated conservation areas, development is limited to passive recreational and supportive pursuits such as trails, parking areas, overlooks, pavilions, picnicking facilities, etc. Accessibility and proper identification/way finding of these resources can be utilized for marketing, tourism, and economic development pursuits. Outside of dedicated areas, development adjacent to conservation assets should consist of low-impact, low-density development that includes adequate buffers to protect sensitive natural features.
AG
Agricultural Priority
The primary intent of this district is to preserve, enhance, and stabilize those portions of the Town that have a higher concentration of active farmlands, high-value agricultural soils, or are within County Agricultural Districts. Agricultural-supportive businesses and industries are encouraged as well as other agribusiness ventures that promote or provide secondary income to active, local farms (e.g., tourism, recreation, value-added products, retail, lodging, events, etc.). This district also provides a means for open space preservation and maintaining the rural character of the Town of Eden in conjunction with the vision and goals of the Comprehensive Plan. Nonagricultural development is encouraged, provided that best practices are followed, including the avoidance of active farmlands, high-value agricultural soils, and underground farm infrastructure; development on less desirable agricultural lands; discourage frontage homes with long, narrow lots; provide lots that are appropriate for private utility systems; encourage clustered subdivisions and avoid large-lot subdivisions; and provide buffers between nonagricultural and agricultural uses. This district is considered a "sending area" for transfer of development rights as a means to conserve/protect valuable farmlands.
RR
Rural Residential
The Rural Residential District provides for areas where the rural atmosphere and character can be maintained and where limited farming operations such as general crop farming, suburban horse ranchettes, growing of orchards, etc. can be conducted. This zone is not intended to allow intense farming operations (e.g., feed lots), yet also not intended for dense residential development as public water and sewer is likely not available. Due to this, larger parcels (two acres +/-) are still needed to provide adequate space for private septic systems and wells, with lots more than 10 acres in size being more appropriate for agricultural uses and the keeping of larger animals. Low-impact and environmentally sensitive development is preferred to protect natural features and the environmental quality of the Town.
R2
Neighborhood Residential
These areas are serviced by public water and sewer or are near potential expansion areas and therefore can support a higher density of development (less than one acre). This district is intended to provide the Town with residential development capacity to support commercial activity within Eden Center. Residential uses would range from single-family residential to townhouses and developments catered to specific lifestyles (seniors, empty-nesters, first-time homeowners, etc.) and income levels. For single-family uses, rather than the typical "bowling alley" type of lots developed along major thoroughfares, subdivisions are encouraged to have dedicated roadways or clustering to better utilize lands and maintain the semi-rural character. Recreational, community service, institutional, conservation, and limited residential-commercial mixed uses are also encouraged in the Neighborhood Residential District to provide neighborhood vibrancy without detracting from the main commercial centers of Eden Center and East Eden. This district is considered a "receiving area" for transfer of development rights as a means to conserve/protect land in other areas of the Town and provide opportunities for greater density where feasible.
MFR
Multi-Family Residential
This floating district is intended to provide the broadest range of residential living opportunities within the Town and to support the goals and objectives contained in the Comprehensive Plan. This district may contain a mix of single- or two-family homes as well as higher-density developments, such as apartments or townhouses, on lots that may be as small as 7,000 square feet in size. Developments in this district shall employ techniques to minimize negative impacts (including circulation, parking, glare, noise, etc.) on existing residential areas.
MU-1/MU-2
Mixed-Use 1 and Mixed-Use 2
The Town of Eden's 2010 Comprehensive Plan recognizes the community's desire to maintain its historic rural farm-village character, provide for enhanced walkability, and support a vibrant economic and neighborhood environment. The traditional community character presented within the Town is of paramount importance to the provision of these elements. A key component of this land use classification conveys the important role that well-designed, publicly accessible open spaces play in creating and organizing high-quality, higher-density residential neighborhoods, even in a rural setting. Such spaces, be they a park or simply a well-designed Town street that invites the public to stroll its length, can ensure that higher-density housing is sensitively knitted to the larger fabric of the Town.
As such, two distinct Mixed-Use Districts have been established to provide specific site and building design guidelines to promote desired key characteristics in the hamlet, including multistory buildings, a consistent building edge, inviting ground-floor facades, and a mix of uses and architectural styles handed down to the Town through history. The MU areas of the Town contain a mix of spaces and uses, meant to evolve over time, at their own pace building-by-building, in response to changing lifestyles and needs. While similar in many aspects, the Mixed-Use 2 (MU-2) District reflects the higher density and more "village-like" qualities currently found in the hamlet; the Mixed-Use 1 (MU-1) District encompasses a larger area and is slightly less dense by comparison. Another key characteristic is the area's proximity to established residential neighborhoods. Areas of the Town classified as an MU Zone consist of both existing higher-density residential areas and areas that have been identified as appropriate for residential development in the future.
LI
Light Industrial
The intent of the Light Industrial District is to take advantage of the proximity of lands to transportation corridors, including the NYS Thruway, railroad, and State Route 62, as well as the availability of public utilities for low-intensity, light manufacturing and related production/distribution activities. Uses and activities should be designed to fit inconspicuously with the surrounding land and incorporate design standards such as landscaping, buffering, and building design to protect nearby areas from undesirable aspects typical of light industrial uses, including, but not limited to, light, noise, odors, operating hours, and traffic.
RMS4O
Regulated MS4 Overlay
A district intended to identify the area within the Town of Eden which has been determined by federal and state agencies to be a regulated municipal separate storm sewer system (RMS4) under the Phase II Stormwater Permit Program.

§ 225-6 Zoning Map.

The boundaries of said districts are hereby established as shown on the Zoning Map, Town of Eden, which map, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map, indicating the latest amendments, shall be kept up-to-date in the office of the Town Clerk for the use and benefit of the public.

§ 225-7 District boundaries.

In determining the boundaries of districts shown on the map, the following rules shall apply:
A. 
Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways or railroad rights-of-way or such lines extended, such center lines shall be construed to be such boundaries.
B. 
Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lands shall be construed to be such boundaries.
C. 
Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be 200 feet back from the rights-of-way of said streets.
D. 
In all cases where a district boundary divides a lot in one ownership and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by this chapter for the less restricted district shall apply to such portion of the more restricted portion of said lot which lies within 30 feet of such district boundary. For purposes of this section, the more restricted district shall be deemed that district subject to regulations which prohibit the use intended to be made of said lot or require higher standards with respect to coverage, yards, screening, landscaping and similar requirements.
E. 
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
F. 
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.

§ 225-8 Effect of establishment of districts.

A. 
Following the effective date of this chapter:
(1) 
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
(2) 
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
(3) 
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all provisions of this chapter.
(4) 
No yard or lot existing at the time of passage of this chapter or amendment thereto shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter or any amendment thereto shall meet at least the minimum requirements established by this chapter or amendment for each prospective use.
B. 
Nothing contained in this chapter shall require any change in the construction or designated use of a building complying with regulations in force prior to this chapter.
C. 
Determination of similar uses.
(1) 
The Building Inspector may determine that a use not specifically listed in any districts established by this chapter is a similar use to those uses enumerated in a specific district. In making a determination that a use is similar, the Building Inspector may consult with the Town Engineer and/or the Town Attorney and shall first determine that:
(a) 
The proposed use is not listed as a permitted use in any other district; and
(b) 
The proposed use conforms to the basic characteristics of the district in which it is proposed to be placed.