[Amended 5-20-1978; 11-17-1987; 6-11-2025; 6-10-2026]
The location of these zones is shown on the Official Zoning Map, which is on file with the Town Clerk and is dated June 8, 2021, with subsequent amendments. Where uncertainty exists with respect to the location of the boundaries of the various zones as shown on the Zoning Map, the following criteria shall be used to determine the boundary locations:
A. Boundaries indicated as approximately following the center line of streets, highways or alleys shall be construed as following such center lines.
B. Boundaries indicated as approximately following well-established lot lines shall be construed as following such lot lines.
C. Boundaries indicated as approximately following municipal limit shall be construed as following municipal limits.
D. Boundaries indicated as following shorelines shall be construed to follow the normal high-water mark or line.
E. Village Residential Zone boundaries.
(1) The eastern boundary of the Village Residential "R-1" Zone, as it pertains to the "Wayne Village" section of the zone, shall be defined as follows: starting at the zone's intersection with the westerly side of Gott Road, northerly along such side of Gott Road to its intersection with Old Winthrop Road, then northerly in a direct line to the corner of the stone wall on Route 133 located at the southwestern corner of the property now or formerly of W. S. Libbey, then northerly along the wall to the intersection of the wall and Pocasset Lake near the Libbey pier.
(2) The western boundary of the Village Residential "R-1" Zone, as it pertains to the "Wayne Village" section of the zone, shall be the western perimeter of a 500-foot-deep strip, measured at the perpendicular, northerly of Route 133 from the boundary of the wetland zone of Muddy Pond to the intersection of Pond Road and westerly of Pond Road from such intersection to the northern boundary of the Wayne Elementary School.
(3) The western boundary of the Village Residential "R-1" Zone, as it pertains to the "North Wayne Village" section of the zone, shall be the western perimeter of a 500-foot-deep strip, measured at the perpendicular, northerly of North Pond Road (renamed "Walton Road") from the zone's intersection with such road to the intersection of Lovejoy Pond Road and westerly of Lovejoy Pond Road from such intersection to the zone's intersection with Lovejoy Pond Road.
F. Boundaries of the R-4 Shoreland Zone are determined by actual measurement of 250 feet, horizontal distance, from the normal high-water mark, defined in this chapter, of any great pond, lake, river, stream, and upland edge of a freshwater wetland.
G. Boundaries of the R-5 Resource Protection Zone are determined by actual observation of the wetlands, marshes and other vulnerable areas described in §
60-35 of this chapter.
H. Boundaries of Village Shoreland Zone R-6.
(1) Village Shoreland Zone "R-6." In Wayne Village, beginning at the center line of the intersection of Route 133 with Back Street (renamed "Memorial Park Lane"); thence running southerly along the westerly side of Route 133 to the southeasterly corner of Lot 56, Map 12; thence westerly along the southerly boundary of Lot 56, Map 12, to its intersection with the normal high-water mark of the Wayne Village Mill Stream; thence running across said stream, in a straight line, to the point of intersection with the normal high-water mark of said stream and the southerly boundary of Lot 11, Map 12; thence along the southerly boundary of Lot 11, Map 12, a distance of 250 feet; thence northerly and then easterly following a line, any point on which is 250 feet from the normal high-water mark of the Wayne Village Mill Stream or Wayne Village Mill Pond, to its point of intersection with the westerly side of Route 133; thence southerly on the westerly side of Route 133 to the point of beginning.
(2) Village Shoreland Zone "R-6." In North Wayne Village, beginning at the southeasterly corner of Lot 14, Map 17; thence running along the northwesterly side of Church Street to the northeasterly corner of Lot 16, Map 17, at its intersection with Church Street; thence running northwesterly along the northerly boundary of Lot 16, Map 17, in a straight line, across Lovejoy Stream, to the northwesterly corner of Lot 4, Map 17; thence running southwesterly to the southwesterly corner of Lot 2, Map 17; thence running easterly along the northerly side of North Pond Road (renamed "Walton Road") to the point of beginning.
I. Resolution of conflicts and uncertainties.
(1) Boundaries indicated as being parallel to or extensions of features indicated in Subsections
A through
D, above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Any conflict between the Zoning Map and a description of metes and bounds in a deed shall be resolved in favor of the metes and bounds.
(2) Where physical features existing on the ground are at variance with those shown on the Official Zoning Map or if any other uncertainty remains regarding the items covered in Subsections
A through
H, the Board Appeals shall determine the zone boundaries.
J. Division of lots by zone boundaries. Where the boundary line of a zone divides a lot, the provisions of this chapter applying to the less-restricted zone shall extend no more than 30 feet into the portion of the lot which is more restricted. This subsection, however, shall not permit the depth of the Shoreland Zone (R-4), and Resource Protection Zone (R-5), and Village Shoreland Zone (R-6) to be reduced.