Split-zoned parcels/split-zone special use permit. A split-zone special use is a specially permitted use which permits a parcel comprised of multiple zoning districts (i.e., a "split-zoned" parcel) to be treated for zoning purposes as if it were zoned entirely as a single designated zoning district present on the parcel (thus permitting all uses of such designated district across the entire parcel). For a parcel comprised of multiple zoning districts (as of the date of this Local Law), a "split-zone special use" may be permitted in any zoning district in Town in accordance with and as set forth herein, subject to issuance of a special use permit by the Town Board.

(1) Generally. Where a split-zone special use permit is issued, the entire subject parcel shall be treated for zoning purposes as if it were zoned as the single designated zoning district, all in accordance with this subsection.

(2) Default zoning as mapped. Where no split-zone special use permit is issued, a split-zoned parcel shall be treated in accord with the applicable zoning districts as mapped - e.g., the portion of the parcel zoned ILCD shall be treated in accordance with ILCD, and the portion of the parcel zoned B-1 shall be treated in accordance with B-1.

(3) Two zoning districts. Where a parcel spans exactly two zoning districts, the entire parcel may be treated consistent with any single zoning district which covers at least 40% of the parcel, subject to issuance of a split-zone special use permit in accordance herewith. In this case, for purposes of this chapter, the entire parcel shall then be treated as if its zoning is entirely comprised of the designated 40+% zoning district.

(4) Three or more zoning districts. Where a parcel spans three or more zoning districts, the entire parcel may be treated consistent with any single zoning district which covers at least 30% of the parcel, subject to issuance of a split-zone special use permit in accordance herewith. In this case, for purposes of this chapter, the entire parcel shall then be treated as if its zoning is entirely comprised of the selected 30+% zoning district.

(a) Where no zoning district meets the 30% threshold in this case, then the designation may be made by selecting a zoning district which covers the largest or second largest area of the subject parcel, subject to issuance of a split-zone special use permit in accordance herewith. In this case, the entire parcel shall then be treated as if its zoning is entirely comprised of the selected largest or second largest zoning district.
 

(5) Shared district subtypes. Where a split-zoned parcel contains zoning districts that are of the same subtype (e.g., R-1-20 and R-2-15 are both "residential" districts), the districts of the same subtype may be treated as a single zoning district for purposes of reaching any threshold herein.

(6) Preexisting zoning conditions/specifics. In considering the issuance of a split-zone special use permit, the Town Board shall address any existing zoning conditions (also sometimes referred to as "specifics"), as follows:

(a) If the designated zoning district contains conditions/specifics, those conditions/specifics shall generally be applied to the entire parcel. However, the Town Board may waive the application of the same against the remainder of the parcel (i.e., the area of the parcel which was not originally subject to such conditions/specifics) where it finds that the application of such conditions/specifics to the remainder of the parcel would not further the intent of such conditions/specifics and/or would not otherwise represent a material benefit to the general welfare of the Town given the split-zone special permit use.
(b) If a non-designated district contains conditions/specifics, then those conditions/specifics shall generally continue to apply against the non-designated district area. However, the Town Board may waive the application of the same where it finds that continued application of the conditions/specifics would not further the intent of the same and/or would not otherwise represent a material benefit to the general welfare of the Town given the split-zone special permit use.
 

(7) Effect of split-zone special use permit. Where a split-zone special use permit is issued, the entire parcel will then be treated as entirely zoned in accord with the singular designated zoning district - the parcel may not then continue to make use of any other zoning districts unless the associated split-zone special use permit is terminated.

(8) Termination of split-zone special use. Should one seek to return to the original zoning of the parcel, a special use permit application shall be made to the Town Board to terminate the existing split-zone special use permit. In such a case, the Town Board may condition such approval on discontinuance of uses that would not otherwise be permitted pursuant to the underlying zoning but for the issuance of a split-zone special use permit.

(9) Subsequent subdivision of parcel with a split-zone special use.

(a) Subdivision of a split-zone special use permit shall require termination of the subject permit, and no nonconforming uses shall be created due to the subdivision of a parcel with a split-zone special use permit. As such, where a parcel which has received a split-zone special use permit is proposed for subdivision, each of the parcels (and their associated uses) resulting from such subdivision shall:

[1] Be zoning compliant with the underlying district; or
[2] Qualify for, apply for and receive a split-zone special use permit to continue existing uses which would require such permit; or
[3] Otherwise terminate the split-zone use permit and associated uses to the extent they were permitted under a preexisting split-zone use permit and would no longer qualify under the proposed subdivision.

(b) Should a resultant parcel not meet one of the above, then the subdivision shall not be permitted.
 

(10) No use of split-zone special use to circumvent rezoning. A subdivision or combination of parcels shall not be utilized to manipulate districting percentages in order to achieve thresholds herein, such as to avoid the requirement to rezone or to permit development that would not otherwise be permitted pursuant to the presubdivision or precombination parcel(s).