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.
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 at the end of 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.
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.
