A.
There are hereby established, and the Town of New Windsor is divided
into, classes of districts listed below and their purpose described
below:
[Amended 7-2-2014 by L.L. No. 1-2014; 9-7-2016 by L.L. No. 2-2016; 2-7-2018 by L.L. No. 1-2018; 4-7-2021 by L.L. No. 3-2021]
|
Symbol
|
Title
| |
|---|---|---|
|
R-1
|
Rural Residential
| |
|
R-2
|
Open Space Residential
| |
|
R-3
|
Suburban Residential (including two-family)
| |
|
R-4
|
Suburban Residential (excluding two-family)
| |
|
R-5
|
Multiple-Family Residential
| |
|
NC
|
Neighborhood Commercial
| |
|
LC
|
Limited Commercial
| |
|
HC
|
Highway Commercial
| |
|
OLI
|
Office and Light Industrial
| |
|
PI
|
Planned Industrial
| |
|
AP
|
Airport
| |
|
CL-1
|
Cluster
| |
|
CL-2
|
Cluster 2
| |
|
WO
|
Watershed Overlay
| |
|
MU
|
Municipal Use
|
(1)
Rural Residential (R-1) purpose. The purpose of the R-1 District
is to protect the environmentally sensitive steep or wet areas and
aquifer recharge areas of the Town and to preserve the open rural
character while providing a suitable low-density environment for single-family
residences and limited nonresidential uses.
(2)
Rural Residential (R-2) purpose. The purpose of the R-2 District
is to protect the environmentally sensitive steep or wet areas and
aquifer recharge areas of the Town and to preserve the open rural
character while providing a suitable low- and medium-density environment
for single-family residences and limited nonresidential uses.
(3)
Suburban Residential (R-3) purpose. The purpose of the R-3 District
is to provide a suitable environment for one- and two-family residences
and compatible uses in developed portions of the Town.
(4)
Suburban Residential (R-4) purpose. The purpose of the R-4 District
is to provide a suitable environment for one-family residences and
compatible uses in developed portions of the Town. Two-family and
multiple-family residences are not a permitted use in the R-4 District.
(5)
Multiple-Family Residential (R-5) purpose. The purpose of the R-5
District is to provide a suitable environment for one-family, two-family,
and multiple-family residences and compatible uses in developed portions
of the Town.
(6)
Neighborhood Commercial (NC) purpose. The purpose of the NC District
is to encourage commercial uses and offices intended to serve the
immediate area or neighborhood, primarily with convenience goods and
services.
(7)
Limited Commercial (LC) purpose. The purpose of the LC District is
to encourage a greater range of uses than what is permitted in the
Neighborhood Commercial Zone. This is intended to include retail stores
and restaurants, service establishments, professional office buildings,
hotels and motels and other similar uses but which are limited in
size and scope to be less intensive than the Highway Commercial Zone.
(8)
Highway Commercial (HC) purpose. The purpose of the HC District is
to encourage a full range of commercial activity along major highways.
(9)
Office and Light Industrial (OLI) purpose. The purpose of the OLI
District is to promote the establishment of cultural, educational,
office and light industrial uses.
(10)
Planned Industrial (PI) purpose. The purpose of the PI District
is to encourage a full range of non-nuisance environmentally sensitive
industrial activities.
(11)
Airport (AP) purpose. The purpose of the AP District is to promote
the establishment of a well-designed commercial development in close
proximity and in harmony with Stewart International Airport, and to
provide flexibility in such design and development in order to best
utilize the lands of the airport and the surrounding properties.
(12)
Cluster (CL-1) purpose. The purpose of the CL-1 District is
to encourage the efficient use of land, accommodate reduced infrastructure
while preserving a range of housing types.
(13)
Cluster 2 (CL-2) purpose. The purpose of the CL-2 District is
to encourage the efficient use of land, and accommodate reduced infrastructure
while preserving a range of housing types with larger lots and setbacks
than provided in CL-1 to be more consistent with the surrounding neighborhood
character.
(14)
Watershed Protection Overlay (WO) purpose. The purpose of the
Watershed Protection Overlay District is to promote the health, safety
and welfare of the community by protecting and preserving the surface
and groundwater resources of the Town from any use of land or buildings
which may reduce the quality of its water resources. The intent of
the district is to limit the amount of impervious surface permitted
within the district in order to control nonpoint source discharge
and pollution. Cluster development may be required at the discretion
of the Planning Board.
(15)
(Reserved)
(16)
Municipal Use (MU) purpose. The purpose of the MU District is
to provide flexibility for the Town in its use of Town-owned land
so that the Town can provide services to residents of the Town.
B.
Protection of historical corridor district. Under the provisions
of New York State General Municipal Law § 96-a, the Town
of New Windsor hereby designates the following two corridors as being
of special historical significance and creates an historical corridor
district for zoning purposes. The Planning Board is hereby empowered
to impose special conditions and restrictions for the protection,
enhancement, perpetuation and use of the historical places in the
two historical corridors, including regulations, special conditions
and restrictions which it deems appropriate and reasonable for the
control, use or appearance of private properties within public view
in the historical corridor:
(1)
New Windsor Cantonment Historical Corridor. This corridor shall run
from the New York State Thruway overpass on Route 207, otherwise known
as "Little Britain Road," in a southeasterly direction along Routes
207 and 300, otherwise known as "Temple Hill Road," to the intersection
of Route 300 and Old Temple Hill Road. The extent of the district
shall be 400 feet on each side of the right-of-way line of the designated
road. For proposed uses within this corridor, the Planning Board shall
take into consideration visual impacts, including lighting and screening
for uses within the line of site from historic resources.
(2)
Knox Headquarters Historical Corridor. This corridor shall run from
the intersection of Route 94, otherwise known as "Blooming Grove Turnpike,"
in an easterly direction along Forge Hill Road to the intersection
of Forge Hill Road with Route 9W. The extent of the district shall
be 400 feet on each side of the right-of-way line of the designated
road.
E.
Conversion of municipal uses. Upon the Town's transfer of title to
property that, at the time of transfer, is within the Municipal Use
Zoning District, then the subsequent zoning district for said property
will automatically convert to the same district that surrounds the
property, and the Town's Chief Information Technology Officer shall
prepare and file an amended zoning map updated to reflect the conversion.
The boundaries of said districts are hereby established as shown
on the Zoning Map of the Town of New Windsor, which is hereby adopted
and made a part of this chapter. A copy of said map, indicating the
latest amendments, shall be kept up-to-date in the office of the Town
Clerk, with the assistance of the Code Enforcement Officer and the
Town's information technology office, for the use and benefit of the
public.
In determining the boundaries of districts shown on the map,
the following rules shall apply:
A.
Where district boundaries are indicated as approximately following
the center lines of streets, highways, waterways or railroad rights-of-way
or such lines extended, such center lines shall be construed to be
such boundaries.
B.
Where such boundaries are indicated as approximately following the
property lines of parks or other publicly owned lands, such lands
shall be construed to be such boundaries.
C.
Unless otherwise shown, all district boundaries running parallel
to streets shall be construed to be 200 feet back from the rights-of-way
of said streets.
D.
In all cases where a district boundary divides a lot in one ownership
and more than 50% of the area of such lot lies in the less-restricted
district, the regulations prescribed by this chapter for the less-restricted
district shall apply to such portion of the more-restricted portion
of said lot which lies within 100 feet of such district boundary,
provided that for any proposed nonresidential use abutting an existing
residential use, a buffer sufficient, in the Planning Board's opinion,
to screen and protect the residential use is provided. For purposes
of this section, the more-restricted district shall be deemed that
district subject to regulations which prohibit the use intended to
be made of said lot or which require higher standards with respect
to coverage, yards, screening, landscaping and similar requirements.
E.
In all cases where a district boundary line is located not farther
than 15 feet away from a lot line of record, the entire lot shall
be subject to the regulations of the district covering the majority
of the lot.
F.
In all other cases where dimensions are not shown on the map, the
location of boundaries shown on the map shall be determined by the
use of the scale appearing thereon.
G.
Lot lines changes shall not affect or alter district boundaries.
A.
Following the effective date of this chapter:
(1)
No building shall be erected, moved, altered, rebuilt or enlarged,
nor shall any land or building be used, designed, arranged to be used,
or modified, for any purpose or in any manner except in conformity
with all regulations, requirements and restrictions specified in this
chapter for the district in which such building or land is located.
(2)
No yard or open space required in connection with any building or
use shall be considered as providing a required open space for any
other building on the same or any other lot.
(3)
No lot shall be formed from part of a lot already occupied by a building
unless such building, all yards and open spaces connected therewith
and the remaining lot comply with all requirements prescribed by this
chapter for the district in which said lot is located. No permit shall
be issued for the erection of a building on any new lot thus created
unless such building and lot comply with all the provisions of this
chapter.
B.
Nothing contained in this chapter shall require any change in the
plans, construction or designated use of a building complying with
regulations in force prior to this chapter, if either of the following
is found to exist:
(1)
A building permit or certificate of occupancy shall have been duly
issued prior to the date of first publication of notice of the public
hearing on this chapter.
(2)
The entire building shall have been completed in accordance with
such plans as have been filed with the Town within one year from the
effective date of this chapter.
C.
Any use not permitted by this chapter shall be deemed to be prohibited.
Any list of prohibited uses contained in any section of this chapter
shall not be deemed to be an exhaustive list but has been included
for the purposes of clarity and emphasis and to illustrate, by example,
some of the uses frequently proposed that are deemed undesirable and
incompatible and are thus prohibited.
