Town of Johnstown, NY Article III Use Districts

§ 84-10 Zoning districts established.

A. The following zoning districts are hereby enumerated for the Town of Johnstown. All allowable uses as permitted for each district and defined in this code shall conform with the following intent and purpose of each zoning district in the Town:

(1) R-1. Residential One District. It is the intent of the Town that the R-1 District be dedicated to use as single-family dwellings, certain home-based occupations, passive recreational uses, open space, essential public services, and other low-impact, low-density, low-activity uses. Future uses in this district shall be in harmony with and promote the long-term stability of the residential character of this district. Future nonresidential uses are generally incompatible with the R-1 District, and consideration of incompatible uses should weigh the availability of more appropriate sites in other districts, among other reasonable factors.

(2) R-2. Residential Two District. It is the intent of the Town that the R-2 District be dedicated primarily to residential uses, both single-family and multifamily housing. Future nonresidential uses will strive to preserve the essentially residential character of this district by promoting site designs, buildings, activities, and hours that are consistent with that character.

(3) RPO. Residential and Professional Offices District (Formerly R-3). It is the intent of the Town that the RPO District provides a mix of opportunities for a variety of residential development types, professional offices, and certain retailing activities of a limited size. However, the overall character of this district is primarily residential. Future nonresidential uses will strive to preserve the essentially residential character of this district by promoting site designs, buildings, activities, and hours that are consistent with that character.

(4) RA. Residential Agriculture District. It is the intent of the Town that the RA District be developed in a manner that promotes the efficient use of public infrastructure. Projects are to be developed in a manner that maintains an attractive natural environment and promotes Town character. Future development that may have more significant impacts by reason of infrastructure, density, character of the development, or intensity of use are encouraged to consider using Planned Unit Developments to lessen impacts, provide flexibility, and preserve the rural character of the RA District.

(5) AUZ. Agricultural Use Zone. It is the intent of the Town that the AUZ be developed in a manner that encourages the continuation and stability of a diversified and viable agricultural economy for the Town and the region. Residential subdivision development within this zone should be designed to minimize the creation of nuisances caused by proximity to active agricultural production. Nonagricultural uses and activities are to be limited to such uses and activities that supplement the primary activity of agricultural production, such as farming, agricultural processing, home-based businesses, agricultural services, agritourism, and direct marketing of agricultural goods and services. Nonagricultural uses that may be incompatible with agricultural production by reason of dust or odors, among others, are to be discouraged. Consideration of nonagricultural uses should weigh the availability of more appropriate sites in other districts, among other reasonable factors.

(6) C-1. Commercial One District. It is the intent of the Town that the C-1 District be developed to take advantage of proximity to existing development and public infrastructure. The district will encourage the development of uses that provide a diversified and vibrant business and commercial economy for the Town and the region. Noncommercial uses should be considered to the degree that they support the primary commercial uses in this district.

(7) C-2. Commercial Two District. It is the intent of the Town that the C-2 District be developed for commercial uses to take advantage of proximity to existing development and public infrastructure. This district is intended to provide a full range of businesses, commerce, retail, and other support services. Uses should be a mix that encourages economic vitality and adds vibrancy to the Town's commercial base. Allowable uses should be mixed where appropriate, and the strict separation of allowable uses in this district is to be generally avoided. The pedestrian and visual character of this district is to be improved on an ongoing basis by promoting careful site designs, buildings, activities, and hours that are consistent with the intent of this district. Uses that are generally incompatible with this district are uses that would interfere with the future orderly and commercial development of this district.

(8) CID. County Institution District. It is the intent of the Town to promote within the CID the development and operation of facilities and institutions that are owned or operated by Fulton County. Such uses in the CID should be designed and constructed to mitigate their adverse impacts on neighboring uses, especially residential uses. Allowable uses include county facilities as well as other public or private enterprises that may take advantage of such facility by virtue of its proximity and related commercial activities.

(9) M-1. Manufacturing One District. It is the intent of the Town that the M-1 District be developed primarily for uses as defined by this chapter. Future development in this district should promote the economic base of the Town, take advantage of ready access to arterial roadways, utilities, and other infrastructure. Industrial uses that are not suitable for location in this area are such uses that may be considered objectionable by reason of nuisance level emissions of odor, dust, fumes, smoke, noise, vibration, refuse matter, and air or water pollution.

(a) The following uses are expressly prohibited in the M-1 Manufacturing District: the manufacture of explosives, alcohol, dye, rubber, corrosive acids or alkalis, cement, lime, gypsum, plaster of Paris, abrasives, petrochemical fertilizers, petroleum refinement, glues derived from fish or animal refuse; slaughter houses or stockyards, tanning or curing of hides, and the rendering of griefs, tallow or fats. Exempt from this prohibition is the production of alcoholic beverages such as beer, wine, or liquor conducted in conformance with the conditions and requirements of this chapter and New York State rules, regulations, and licensing requirements.

(10) HM. Hales Mills District. It is the intent of the Town that the Hales Mills District will be developed to promote a well-designed place for prominent living, working, shopping and gathering. Uses within this district include residential, retail shops, professional offices, restaurants, cafes and entertainment-focused business, as well as recreation, all as set forth on Appendix A. Buildings and streetscapes will be designed to give the area a traditional Main Street or Town Center character and will ensure advantageous vehicular, as well as pedestrian connectivity between uses both within and outside the district. The configuration of buildings with respect to streets, pedestrian accessways and public spaces will be inviting and will strengthen an active and bustling environment. Usable public spaces will be created to enhance the overall appearance of the district and to meet the needs of the community.

[Added 6-18-2018 by L.L. No. 1-2018]

B. Allowable uses. All allowable uses are contained in Appendix A: Allowable Use Table. Uses not specifically listed on the allowable uses table are prohibited.

C. Zoning Map. The locations and boundaries of the zoning districts hereby established are shown on a map entitled "Town of Johnstown Zoning Districts." The zoning district map and all notation, references and other information shown thereon are hereby declared to be a part of this chapter. The Planning Board shall delineate on the Zoning Maps all amendments to the district boundaries which are authorized by law immediately upon the effective date of such law, indicating the area, change and date of said amendment.

D. Location of uncertain boundaries. Where uncertainty exists as to the location of any boundaries shown on the Zoning Maps, the following rules shall apply:

(1) District boundary lines are intended to follow center lines of street or alleys, rights-of-way, watercourses, or lot lines, or be parallel or perpendicular thereto, unless such boundary lines are fixed by dimension as shown on the Zoning Maps.

(2) Where such boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

(3) Where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the distance or measuring scale appearing thereon.

(4) If after the application of the forgoing rules, uncertainty exists as to the exact location of a district boundary, the Board of Appeals shall determine and fix the location of said line.