Walworth Town City Zoning Code
ARTICLE III
Zoning Districts
§ 180-5 Zoning districts of Town of Walworth.
[Amended 1-6-2005 by L.L. No. 1-2005; 9-6-2007 by L.L. No. 2-2007; 12-6-2007 by L.L. No. 6-2007; 3-4-2010 by L.L. No. 1-2010[1]; 5-1-2014 by L.L. No. 1-2014; 7-21-2016 by L.L. No. 3-2016; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For the purpose of promoting the public health, safety, morals and general welfare of the community, the Town of Walworth is divided into the following zoning district regulations:
RR-1 District | Single-Family Residential |
RR-1A District | Single-Family Residential |
R District | Single-Family Residential |
Hamlet District | Multifamily/Neighborhood Business |
B District | General Business/Professional Office/Office Research Park/High Density Residential |
I District | General Industrial |
PD District | Planned Development |
Municipal Facilities District | |
Mobile Home Park Overlay District | |
Day Care Center Overlay District | |
Adult Use Business Overlay District | |
[1]
Editor's Note: This local law also provided that all references to the B-1 and B-2 Districts in this chapter be removed, with the exception of references to those districts in § 180-6.
§ 180-6 Zoning Map.
[Amended 1-17-2002 by L.L. No. 1-2002; 3-20-2003 by L.L. No. 1-2003; 9-4-2003 by L.L. No. 4-2003; 9-6-2007 by L.L. No. 2-2007; 3-4-2010 by L.L. No. 1-2010; 5-1-2014 by L.L. No. 1-2014]
The Town of Walworth Official Zoning Map is hereby incorporated herein and made a part of this chapter. The Town of Walworth Official Zoning Map shall be kept on file with the Walworth Town Clerk.
§ 180-7 Interpretation of boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following the center line of streets or highways, street lines or highway right-of-way lines shall be constructed to be such boundaries.
B.
Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be constructed to be said boundaries.
C.
Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale on said Zoning Map.
D.
Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the center line of such body of water.
E.
Where a district boundary line divides a lot which was in single ownership at the time of passage of this chapter, the Board of Appeals may permit, as a special exception, the extension of the regulation for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.
§ 180-8 Buffer areas.
[Amended 4-5-2001 by L.L. No. 2-2001]
To assist in the transition between districts, a buffer area, which shall not contain any structure except a fence, shall be created which shall contain berms and screenings (including fences) as shall be determined by the Planning Board to provide a visual and sound buffer between the districts.
A.
There shall be a buffer area between each district as follows:
(1)
Buffer areas between any Residential District (RR-1, R) and the Multifamily/ Neighborhood Business District (Hamlet) and General Business, Office Research/High-Density Residential (B) shall not be less than 25 feet from the lot line or division line between the districts.
[Amended 3-4-2010 by L.L. No. 1-2010]
(2)
Buffer areas between any Residential District (RR-1, R) and the Multifamily/ Neighborhood Business District (Hamlet), General Business, Office Research/High-Density Residential (B) and any other district shall not be less than 100 feet from the lot line or division line between the districts.
[Amended 3-4-2010 by L.L. No. 1-2010]
(3)
The buffer area shall be a part of the premises which the Planning Board should determine to be appropriate and shall be located between the proposed structure closest to the lot line (which is also the district division line) and the district division line; except that, where the district division line is between a residential and a nonresidential district, then, in that event, the buffer area shall be a part of the nonresidential premises and shall be located between the proposed structure closest to the lot line (which is also the district division line) and the district division line.
B.
The buffer area shall contain berms, screen plantings and ground cover to provide a visual and sound buffer between districts, as shall be determined by the Planning Board.
(1)
The plan for the buffer area shall be presented at the time the land within the district is to be developed.
(2)
A plan for maintenance of the buffer area shall be presented at the time the land within the district is to be developed.
(3)
The maintenance of the buffer area shall be the responsibility of the landowner and the lessee (if any) of the land where the buffer area is located.
C.
Responsibility for providing buffer area.
(1)
The provision of a buffer area shall be the responsibility of the owner of the land in which the district is created.
(2)
The buffer area between two districts shall be constructed or furnished by the owner of the premises in the nonresidential district or, if two districts are nonresidential districts, then the buffer area shall be constructed or furnished by the owner of the premises which the Planning Board determines appropriate.
D.
In the event that the district boundaries are the center line of a highway, the buffer area required shall be reduced by the distance from the center line to the property line, but in no event to less than 40% of the required buffer area.