Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Phelps, NY
Ontario County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Amended 2-2-2004 by L.L. No. 2-2004; 7-9-2012 by L.L. No. 3-2012; 7-13-2015 by L.L. No. 2-2015]
For the purposes of promoting the public health, safety, morals and general welfare of the Town of Phelps, the Town is hereby divided into the following types of districts:
R-AG
Agricultural-Residential District
R-1
Residential District
C-1
Commercial District
C-2
Neighborhood Commercial District
M-1
Industrial District
MOD
Mining Overlay District
MTOD
Major Thoroughfare Overlay District
[Amended 7-9-2012 by L.L. No. 3-2012]
Said districts are bounded as shown on the map entitled "Official Zoning Map of the Town of Phelps of 1974, together with all amendments subsequently adopted" which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
A. 
Designation of district boundaries. The district boundary lines are intended generally to follow the boundary lines of streets, the center lines of railroad rights-of-way, existing lot lines, the mean water level of streams and other waterways or Town boundary lines, all as shown on the Zoning Map; but where a district boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.
B. 
Determination of locations of boundaries. In case of uncertainty as to the true location of a district boundary line in a particular instance, the Code Enforcement Officer shall request the Board of Appeals to render its determination with respect thereto.
C. 
Unsubdivided property. In unsubdivided property or where a district boundary divides a lot, the location of any such boundary, unless the same is indicated by dimensions shown on the Zoning Map, shall be determined by the use of the map scale shown thereon.
D. 
District boundary following water body. 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 limit of the jurisdiction of the Town of Phelps unless otherwise indicated.