[Amended 3-7-2024 by L.L. No. 2-2024]
The Town of Philipstown is hereby divided into the following land use and overlay districts. Overlay districts are intended to provide additional protection of important environmental resources and/or to permit certain types of economically productive uses that would not otherwise be allowed in a particular land use district. Overlay districts may overlap different land use districts, but they do not change the use and dimensional requirements of the underlying land use districts unless specifically so stated in this chapter.
A. 
Rural Conservation District (RC). The purpose of this district is to promote land conservation, agriculture, forestry, recreation, and the preservation of open space, as well as other compatible rural uses, by encouraging such activities and by discouraging large-scale residential development, while allowing low-density residential uses.
B. 
Institutional Conservation District (IC). The purpose of this district is to preserve existing institutional uses of property of 20 acres or more that maintain significant amounts of contiguous open space and/or historic structures.
C. 
Rural Residential District (RR). The purpose of this district is to allow residential uses in a rural setting at a lower density than is allowed in the hamlets.
D. 
Hamlet Mixed-Use District (HM). The purpose of this district is to allow the creation and expansion of hamlets in the traditional scale, density, architectural style, and mixed-use character of the existing hamlets of Garrison and Garrison Landing and of the Villages of Cold Spring and Nelsonville.
E. 
Hamlet Residential District (HR). The purpose of this district is to maintain the traditional scale, density, and character of residential hamlets such as Continental Village, as well as residential neighborhoods surrounding designated hamlet mixed-use areas.
F. 
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.
G. 
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.
H. 
Office/Commercial/Industry Mixed-Use District (OC). 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.
I. 
Industrial/Manufacturing District (M). The purpose of this district is to allow industrial and related uses that are not compatible with most commercial, office, or residential uses, in isolated and well-buffered locations.
J. 
Floodplain Overlay District (FPO). 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 Law, Chapter 90 of the Town Code. See § 175-13.
K. 
Cold Spring Watershed Overlay District (WSO). The purpose of this overlay district is to protect the water supply of the Villages of Cold Spring and Nelsonville, which includes the entire watershed of Foundry Brook. See § 175-14.
L. 
Scenic Protection Overlay District (SPO). The purpose of this overlay district is to protect the character of scenic resources in the Town, including designated scenic road corridors and the Hudson River viewshed. See § 175-15.
M. 
Aquifer Overlay District (AQO). The purpose of this overlay district is to protect groundwater resources that provide drinking water for private wells and that may be used in the future to provide public water supplies. See § 175-16.
N. 
Soil Mining Overlay District (SMO). The purpose of this overlay district is to provide appropriate locations for soil mining to occur where landowners can achieve a reasonable return on their land from sand and gravel mining without adversely impacting their neighbors. See § 175-17.
O. 
Open Space Conservation Overlay District (OSO). The purpose of this overlay district is to afford special protections to tracts of land that have been identified in the Town of Philipstown Open Space Index and that are 30 acres or more in size. See § 175-18.
P. 
Mobile Home Park Overlay District (MHO). The purpose of this overlay district is to provide appropriate locations for mobile home parks, consistent with the requirements of § 175-44.
Q. 
Garrison Cultural Conservation Planned Development District. The purpose of this planned development district is to provide appropriate zoning regulations for development and redevelopment of lands within the said planned development district under Town Code § 175-61.2.
A. 
The boundaries of the land use and overlay districts are hereby established on maps entitled "Town of Philipstown Land Use and Development Overlay Districts Zoning Map," dated April 4, 2011, showing all of the land use districts as well as the SMO and MHO Overlay Districts, and three maps designated "Town of Philipstown Resource Protection Overlay Districts Zoning Map," which show the SPO, OSO, WSO, and AQO Overlay Districts, adopted and certified by the Town Clerk, which accompany and are hereby declared to be a part of this chapter. Unofficial reductions of these maps are appended to this chapter for reference purposes only.[1]
[1]
Editor's Note: Said maps are included as an attachment to this chapter.
B. 
The official Zoning Maps shall be kept in the office of the Town Clerk, and shall be reviewed for accuracy and updated by the Town Board or its designee at least once annually. Changes may be made in district boundaries or other matters 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.
C. 
In the event of a conflict between the Zoning Map in the Town Clerk's office and the specific local law adopting a Zoning Map amendment, the specific local law shall be the controlling authority as to the current zoning status of lands, structures and uses in the Town.
D. 
An unauthorized map change made by any person shall be considered a violation of this chapter, punishable under § 175-57 of this chapter.
E. 
Where the boundary of a district divides a lot which existed on the effective date of this chapter or on the effective date of any amendment of this chapter establishing such boundary, the Zoning Board of Appeals may grant a special permit to authorize a use of land, buildings, and other structures permitted in one district to be extended into the other district, where such use would otherwise not be permitted, for a distance of not more than 50 feet in accordance with the provisions of Article IX. This provision does not apply to overlay districts.
Where uncertainty exists as to the boundaries of districts shown on the Zoning Maps, the following rules apply:
A. 
Boundaries indicated as approximately following the center lines of streets, highways, or railroad tracks shall be construed to follow such center lines. If such lines change, the boundaries shall be construed to follow the new lines.
B. 
Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines.
C. 
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.
D. 
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.
E. 
Boundaries indicated as parallel to or extensions of features indicated in Subsections A through D above shall be so construed. Distances not specifically indicated on the Zoning Maps shall be determined by the scale of the map.
F. 
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.
G. 
Where a question arises as to exact boundaries of a district, the Town Board shall by resolution determine the location of the boundary, giving due consideration, among other factors, to the indicated location of the boundary on the Zoning Map, the scale of the Zoning Map, and the expressed intent and purposes of this chapter.