No building, structure, or lot shall hereafter be used or occupied,
and no building or structure or part thereof shall be erected, constructed,
altered, or reconstructed, unless in conformity with the requirements
herein specified for the district in which it is located, except as
hereinafter provided.
A.
No structure shall hereafter be erected, constructed, altered, or
reconstructed except in conformance with the requirements and procedures
of this chapter.
B.
No part of a required yard or other open space around any structure
required for the purpose of complying with the provisions of this
chapter shall be included as part of a yard or other open space required
for another structure.
C.
No lot shall be reduced in size so that its area or any of its dimensions
or open spaces would be smaller than required by this chapter.
E.
This chapter shall be interpreted and applied so that it provides
the minimum requirements for the promotion of the public health, safety
and general welfare.
F.
A use not specifically permitted shall be deemed to be prohibited.
G.
Regardless of any other provisions of this chapter, any use that
is noxious or offensive and constitutes a public nuisance by reason
of emission of odor, dust, noise, vibration, smoke, gas, fumes or
radiation or which presents a hazard to public health or safety is
prohibited.
H.
Approval of a use under this chapter shall not abrogate an applicant's
responsibility to obtain all other required local, county, state or
federal permits or approvals as appropriate.
In order to fulfill the purpose of this chapter, the chapter
establishes the following districts:
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AR
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Agricultural
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R1
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Residential — Low Density
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R2
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Residential — Moderate Density
|
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R3
|
Residential — High Density
|
|
CN
|
Commercial Neighborhood
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CR
|
Commercial Regional
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|
I
|
Industrial
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C
|
Conservation
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The location and boundaries of said zoning districts are hereby
established on a map designated "Zoning Map of the Town of Southport,"
which map is kept on file and will be available for public viewing
in the office of the Town Clerk, and such map is hereby declared to
be part of this chapter.
Where uncertainty exists with respect to the boundary of any
of the aforesaid districts as shown on the Zoning Map, the following
rules shall apply:
A.
Center line and right-of-way lines. Where district boundaries are
indicated as approximately following the center line or right-of-way
lines of a road, public utility easement, or watercourse, said boundaries
shall be construed 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 road, public utility or watercourse is moved not more than
20 feet.
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.
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 use of the scale shown
on the Zoning Map.
D.
In the event of a questionable district boundary, the questionable
boundary shall be referred to the Zoning Board of Appeals, and it
shall, to the best of its ability, establish the exact boundary.
E.
Precise district boundary determinations made by the Zoning Board
of Appeals 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 Board.
F.
Lots divided by zoning district lines. Where a lot is divided by
a district boundary line, the requirement 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 requirement 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 that prohibits a particular intended use of a
lot or that sets a higher standard with respect to setback, coverage,
yards, screening, landscaping and/or similar requirements.
(2)
In all cases where a district boundary line is located not farther
than 15 feet away from a lot line of record, the requirement applicable
to the greater part of the lot shall apply to the entire lot.
G.
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 requirement prescribed by this chapter for such less-restricted district (as defined in Subsection F 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 uses in conformity with the requirements of each district.
