A.
Land use districts. For the purpose of this chapter,
the Town of Dover is hereby divided into the following land use districts:
(1)
Rural District (RU). The purpose of this district
is to promote agriculture and compatible open space and rural uses
by discouraging large-scale residential development.
(2)
Resource Conservation District (RC). The purpose of
this district is to encourage forestry, recreation, land conservation,
and very-low-density residential uses where agriculture is not a significant
use and intensive residential development is undesirable.
(3)
Hamlet Mixed-Use District (HM). The purpose of this
district is to maintain the traditional scale, density, and mixed-use
character of existing hamlet core areas and to allow them to expand
and become more economically viable.
(4)
Hamlet Residential District (HR). The purpose of this
district is to maintain the traditional scale, density, and character
of hamlet residential neighborhoods surrounding the hamlet cores and
to allow expansion into surrounding land areas that are within walking
distance from the hamlet centers.
(5)
Suburban Residential (SR). The purpose of this district
is to maintain the character of existing suburban-density residential
developments and to allow a limited extension of suburban growth patterns.
(6)
Highway Commercial District (HC). The purpose of this
district is to allow commercial uses that rely heavily on automobile
and truck access and that would not be compatible with a hamlet mixed-use
area.
(7)
Commercial/Industry/Office Mixed-Use District (CO).
The purpose of this district is to allow areas for light industrial,
service commercial, office, and research facilities. Such districts
may also include, where compatible, housing and limited retail commercial
development intended to support the primary uses or to provide adaptive
reuses for existing commercial or industrial buildings.
(8)
Industrial/Manufacturing District (M). The purpose
of this district is to allow industrial and related uses and adult
entertainment, uses that are not compatible with most commercial,
office, or residential uses, in isolated and well-buffered locations.
B.
Overlay districts.
(1)
In addition to these land use districts, the following
overlay districts are hereby created:
(a)
Floodplain Overlay District (FP). The purpose
of this overlay district is to control development within the one-hundred-year
floodplain in order to minimize flood damage and protect water resources.
This district also incorporates by reference the town's existing Floodplain
Protection Local Law.[1] See § 145-13.
(b)
Stream Corridor Overlay District (SC). The purpose of this overlay district is to protect the scenic character and water resource values of the Ten Mile River and its tributaries. See § 145-14.
(c)
Aquifer Overlay District (AQ). The purpose of this overlay district is to protect groundwater resources that provide both public water supplies and drinking water for private wells. See § 145-15.
(d)
Mixed-Use Institutional Conversion Overlay District (MC). The purpose of this overlay district is to provide use and design flexibility to encourage productive reuse of the Harlem Valley Psychiatric Center campus. This district provides greater use flexibility and a procedure for master planned development of this property in a manner that advances the town's development goals. See § 145-16.
(2)
Overlay districts do not change the use and dimensional
requirements of the underlying land use districts unless specifically
so stated in this chapter. On any given parcel of land, more than
one overlay district may apply.
The boundaries of the land use and overlay districts
are hereby established on maps titled "Town of Dover Zoning Map — Land
Use Districts and Soil Mining Overlay District" (hereinafter the "Land
Use District Map"); "Town of Dover Zoning Map — Overlay
Districts" (hereinafter the "Overlay District Map"); and "Town of
Dover Aquifer Overlay Districts" (hereinafter the "Aquifer Overlay
District Map"), adopted and certified by the Town Clerk, which accompany
and are hereby declared to be a part of this chapter. Unofficial photo-reductions
of these maps are appended to this chapter for reference purposes
only.[1]
A.
Zoning Map amendments. The Official Zoning Maps shall be kept in the office of the Town Clerk and shall be reviewed for accuracy and updated at least once annually by the Town Board or its designee. Changes may be made in district boundaries or other matter portrayed on the Zoning Maps only by a zoning amendment adopted by the Town Board pursuant to Article X of this chapter. Such changes shall be noted by the Town Clerk on the Official Zoning Maps promptly after the Town Board adopts an amendment.
B.
Final authority. Each local law adopting an amendment
shall be the final authority as to the current zoning status of lands,
structures and uses in the town.
C.
Readoption of maps. At least once every 10 years the
Town Board shall readopt the Official Zoning Maps as an amendment
to this chapter, which shall become the final authority as to all
map amendments preceding such readoption.
D.
Unauthorized map changes. An unauthorized map change made by any person shall be considered a violation of this chapter, punishable under § 145-57 of this chapter.
E.
Interpretation of district boundaries. Where uncertainty
exists as to the boundaries of districts shown on the Zoning Maps,
the following rules shall apply:
(1)
Boundaries indicated as approximately following the
center lines of streets, highways, or railroad tracks shall be construed
to follow such center lines.
(2)
Boundaries indicated as approximately following lot
lines shall be construed to follow such lot lines.
(3)
Boundaries indicated as following shorelines of ponds
and lakes shall be construed to follow such shorelines and, in the
event of change in the shoreline, shall be construed as moving with
the actual shoreline.
(4)
Boundaries indicated as following center lines of
streams shall be construed to follow such center lines and, in the
event of change in the center line, shall be construed as moving with
the actual center line.
(6)
Where overlay district boundaries are based upon natural
features such as topographic contour lines or aquifer and aquifer
recharge areas, such boundaries may be more precisely established
through field investigation by a qualified professional.
[1]
Editor's Note: The Zoning Maps are on file
at the Town Clerk's office.
