[Amended 1-9-2023 by Ord. No. 2022-008]
To fulfill the purpose of this chapter, the
Town of Milton establishes the following zoning use and overlay districts:
R-1
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Single-Family Residential Use District
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R-2
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Single-Family Residential Use District
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R-3
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General and Multifamily Residential Use District
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T-C
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Town Center Use District
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C-1
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Commercial and Business Use District
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M-R
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Marine Resources Use District
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MURC
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Mixed-Use Residential and Commercial District
|
LI-1
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Light Industrial Use District
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LLI-1
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Limited Light Industrial Use District
|
LPD
|
Large Parcel Development District
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HP-OD
|
Historic Preservation Overlay District
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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. Center lines and right-of-way lines. Where district
boundaries are indicated as approximately following the center lines
or right-of-way lines of streets, highways, public utility easements,
or watercourses, said boundaries shall be constructed 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 street, highway, public
utility system, or watercourse is moved not more than 20 feet.
[Amended 1-9-2023 by Ord. No. 2022-008]
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. Parallel to lot or boundary lines. 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 the use of the scale shown
on the Zoning Map.
D. Lands under tidal or fresh waters are included within
zoning districts adjoining those water bodies, and where two or more
different zoning districts adjoin the same water body, the boundary
between them shall be construed as lying midway between the opposite
shores.
E. Where natural or man-made features existing on the
ground are at variance with those shown on the Official Zoning Map
or in other circumstances are not covered by the above subsections,
the Board of Adjustment shall interpret the district boundaries.
F. District boundaries shall be determined by use of an accurate scale that shall be shown on the Zoning Map. In no instances shall a district boundary be set at less than the minimum lot depth required in §
220-24, Density Control Table, of this chapter.
[Amended 1-9-2023 by Ord. No. 2022-008]
G. In the event of a questionable district boundary,
the questionable boundary shall be referred to the Board of Adjustment,
and it shall, to the best of its ability, establish the exact boundary.
H. The copy of the Zoning Map showing any such determinations
under this section shall be on file at the Town office.
I. Precise zone boundary determinations made by the Board
of Adjustment 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 Council of the Town of Milton.
J. Lots divided by zoning district lines. Where a lot
is divided by a district boundary line, the regulations 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 regulations
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 subject to regulations that
prohibit the particular use intended to be made of said lot or that
set higher standards with respect to setback, coverage, yards, screening,
landscaping and similar requirements.
[Amended 1-9-2023 by Ord. No. 2022-008]
(2) In all cases where a district boundary line is located
not farther than 15 feet away from a lot line of record, the regulations
applicable to the greater part of the lot shall be deemed to apply
to the entire lot.
K. 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 regulations prescribed by this chapter for such less restricted district (as defined in Subsection
J 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 use in conformity with the requirements of each district.