§ 85-136. Interpretation of district boundaries.

A. 

With respect to the boundaries of any of the aforesaid districts as shown on the Building Zone Map accompanying and made a part of this chapter, the following rules shall apply:

(1) 

Where boundaries approximately follow streets. Where district boundaries are indicated as approximately following the center line or street line of streets, such lines shall be construed to be such district boundaries.

(2) 

Where boundaries parallel street lines. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, such district boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Building Zone Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Building Zone Map.

(3) 

Where boundaries follow lot lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.

(4) 

Where the boundary follows a railroad line. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located adjacent to said boundary.

(5) 

Vacation of public ways. Whenever any street or other public way is vacated in the manner authorized by law, the district adjoining each side of such street or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.

(6) 

Where the zoning classification has been imposed by petition, or by the Town Board upon its own motion, the description contained in the petition shall indicate the boundaries of the district.

(7) 

Where property is located in more than one zone, it must meet the most restrictive zoning classification affecting the parcel unless more than 75% of the parcel is located within the less restrictive district. In such instances, all development must be situated within the less restrictive district, including access thereto, and all other zoning requirements of the less restrictive district must be met. In such instances, the more restrictive zone shall not be utilized for yield.

B. 

All lands under water within the Town of Brookhaven, outside of the incorporated villages, which are not shown on the Building Zoning Map as specifically included within a district shall be classed as lying and being within the boundaries of the A Residence 1 District.

C. 

In every case where property has not been specifically included within a district, the same shall be classed as lying and being within the boundaries of the A Residence 1 District.