(a)

The town is divided into zones, or districts, as shown on the official zoning map(s) which, together with all explanatory matter thereon, are adopted by this reference and declared to be a part of this chapter.

(b)

For the purpose of this chapter, the town is divided and classified into the following use districts:

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R Residential Zoning District. The residential zoning district shall include all land uses designated on the Whitehall Zoning Map, as: Residential District; and Public Use and Parks.

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C Commercial Zoning District. The commercial zoning district shall include all land uses designated on the Whitehall Zoning Map, as: Commercial District.

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I Industrial Zoning District. The industrial zoning district shall include all land uses designated on the Whitehall Zoning Map, as: Industrial.

(c)

Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the town that the range of uses allowed within that district are generally acceptable in that location. Any given use is subject to the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter. It is not a guarantee of immediate infrastructure availability or a commitment on the part of the town to bear the cost of extending services.

(d)

Individual zoning districts are adopted for the purposes described in article I. A variety of districts are established to provide locations for the many uses needed within a healthy and dynamic community. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable uses of property, separates incompatible uses, and sets certain standards for use of land. This provides predictability and reasonable expectation in use of land within particular zoning designations and sites.

(Amendment of 8-12-2024(1))

(a)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the boundaries shall be interpreted as following the nearest logical line to that shown:

(1)

Boundaries indicated as approximately following the centerline of streets, highways or alleys shall be construed to follow such center lines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following town limits shall be construed as following such town limits.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main track(s).

(5)

Boundaries indicated as following the centerline of streams, rivers, canals, or ditches shall be construed to follow such centerlines; and

(6)

Boundaries indicated as parallel to, or extensions of features indicated on the official zoning map shall be determined by the scale of the map.

(b)

Where district boundaries divide a lot or parcel into two or more districts, the entire lot or parcel shall be deemed to have only the characteristics and uses of the most restrictive district that any part of the lot or parcel rests within.

(Amendment of 8-12-2024(1))

(a)

The town council shall determine the appropriate classification of a particular use. In making this determination, the town council shall find:

(1)

That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or

(2)

That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as:

(3)

The use and its operation are compatible with the uses permitted in the district wherein the use is proposed to be located;

(4)

The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and

(5)

Neither the intent of this chapter nor the intent of the district will be abrogated by such classification.

(6)

Persons objecting to decision of the town council regarding a classification of use carry the burden of proof to establish error in the decision.

(b)

If a question arises concerning the appropriate classification of a particular use, the town staff shall submit the question to the town council to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or conditional use. In making such a determination, the town council shall find that the criteria set forth in either subsection (a)(1) or (a)(2) of this section are met.

(c)

If a specific use is not listed and cannot be interpreted to be the same or so similar so as to be interpreted the same, as a listed accessory, principal or conditional use, the use shall not be allowed.

(Amendment of 8-12-2024(1))

All territory which may hereafter be annexed to the town shall, in conjunction with the annexation, be the subject of a zone map amendment in order to be designated and assigned to a town zoning district. Areas of annexed public right-of-way(s) shall be considered to be zoned according to the provisions of this chapter. The town council shall determine the appropriate zoning for any and all areas to be annexed to the town. Any ordinance adopting such zoning amendment shall not be effective prior to the effective date of such annexation.

(Amendment of 8-12-2024(1))

(a)

The official zoning map shall be the current adopted Whitehall Zoning Map.

(b)

The official maps shall be available at Town Hall and shall bear a date of adoption of the ordinance codified in this chapter.

(c)

Regardless of the existence of purported copies of the official zoning maps, which may from time to time be made or published, the official zoning maps kept in Town Hall shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town.

(d)

In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions thereto, the town council may adopt and certify new official zoning maps which shall supersede the prior official zoning maps. The new official zoning maps may correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of amending the original official zoning maps or any subsequent amendment thereof.

(e)

If any changes to the map are made by amendment of this chapter in accordance with article XII, such changes shall be made to the official zoning maps and signed, dated and certified upon the map or upon the material attached thereto.

(Amendment of 8-12-2024(1))