A.
The Town of Galway is hereby divided into the following
types of districts:
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AR
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Agricultural-Residential District
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C1
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Commercial Retail District
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RC
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Residential Core District
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RH
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Rural Hamlet District
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L
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Lake District
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B.
In addition to the above districts, the following overlay districts are hereby created, to take effect upon Town Board adoption of overlay maps for each district. Any overlay maps adopted or modified under this chapter shall be adopted or modified by zoning amendment pursuant to the procedures specified in Article IX, § 115-76, and § 265 of the Town Law. The overlay districts impose requirements that supplement those in the underlying districts listed in Subsection A above and do not supersede the provisions of those districts, except insofar as the overlay districts may impose more restrictive requirements. The overlay districts include:
A.
Agricultural-Residential District (AR). Areas of the
Town designated under this district are characterized by working landscapes
and low-density residential development. Traditionally, these areas
have been places where resource-based economic activities have flourished.
Rural areas typically have less demand for public services, and outside
of the hamlets and village, agriculture and forestry have been the
primary uses. With its remaining agricultural businesses, undeveloped
lands, and woodlands, this portion of the community stands in contrast
to the more developed areas of the Town. Its rural character is highly
valued by those who live in Galway and it also contributes to the
overall quality of life of the Town. The purpose of this district
is to encourage and allow for a variety of uses, including agriculture,
forestry, and low-density residential development.
B.
Residential Core District (RC). Areas of the Town
designated under this district are, or could be, more mature residential
neighborhoods in close proximity to the Village of Galway. The purpose
of this district is to encourage denser residential development to
take place near the village where there are more opportunities for
infrastructure development, and to encourage more village-like development
for those who desire smaller lots and this lifestyle. Further, the
purpose of this district is to encourage development of more village-like
character, including tree-lined streets, sidewalks, smaller lot sizes,
interconnected street patterns, and a location near some small-scale
services.
C.
Rural Hamlet District (RH). Areas of the Town designated
under these districts are typically original settlement areas along
major corridors and at crossroads, and contain residences in closer
proximity to each other. The purpose of this district is to encourage
more residential development and allow for small neighborhood-oriented
businesses. The purpose of this district is also to recognize existing
areas in the Town which exhibit a mix of commercial and/or moderately
dense residential uses and to permit only such uses as are necessary
for those basic retail needs and services in relatively close proximity
to places of residence.
D.
Commercial Retail District (C1). The purpose of the
commercial district in Galway is to accommodate existing commercial
activities while providing for future controlled growth. Such growth
shall be in areas where commercial land uses can be sufficiently developed
to meet the needs of the Town. This district is intended to accommodate
any future need for retail and service facilities, while at the same
time preserving the Town's unique rural character and quality of life.
The districts are specifically designed to discourage the establishment
of highway-oriented heavy commercial and industrial activities. It
is the intent in establishing these commercial zones to curtail the
development of new commercial uses outside of the commercial zones.
E.
Lake District (L). The Lake District encompasses approximately
775 tax parcels along the shoreline of Galway Lake. Within the Lake
District, 10 distinct "groves" of residential development are found.
Most of the roads within the district are quite narrow, private, and
accommodate access to the lakefront, camps and homes. The district
is characterized by seasonal residences interspersed with year-round
residential dwellings. The purpose of this district is to maintain
limited-scale, residential development along with limited recreational
access to Galway Lake. New commercial uses are prohibited within the
Lake District.
F.
Natural Resource Protection Overlay (NRPO). The purpose
of this overlay district is to promote the health, safety and general
welfare of the Town and to protect and maintain the ecological functioning
of important environmental features of Galway, including steep slopes,
wetlands, streams, ridgelines, and floodplains.
G.
Agricultural Overlay (AO). The purpose of this overlay
district is to promote agriculture.
A.
The boundaries of the Natural Resource Protection
Overlay is established herein as delineated on the most current edition
of the Town of Galway Zoning Map[1] and shall include all lands included on the Federal Insurance
Administration Flood Hazard Boundary Map, all lands having a slope
in excess of 20%, federal and state-identified wetlands, streams,
and ridgelines.
[1]
Editor's Note: The Zoning Maps are included
at the end of this chapter.
B.
The boundaries of the Agricultural Overlay is established
herein as delineated on the most current edition of the Town of Galway
Zoning Map and shall include all lands included in a certified New
York State Agricultural District.
C.
Where the designation on the Zoning Map or Overlay
Map indicates a boundary following ecological or natural lines, such
natural feature shall be construed to be the boundary. If the location
of the boundary in relation to a particular parcel is uncertain, the
Zoning Board of Appeals shall so determine the boundary at the request
of the Code Enforcement Officer or the Planning Board. The burden
of proof shall be upon the owner(s) of the land in question or his/her
official designee to demonstrate to the Zoning Board of Appeals that
the boundaries differ from those that are indicated on the Zoning
Map. At the request of the applicant or landowner, the Town may engage
a professional hydrogeologist, geologist, engineer, soil scientist,
or other similar professional to determine more accurately the district
in question and the Town shall charge the owner(s) for all or part
of the cost of the investigation.
Said districts are bounded as shown on maps,
each entitled "Zoning Map of Town of Galway," and are hereby adopted
and certified by the Town Board, which accompany and which, with all
explanatory matter thereon and therewith, are hereby made a part of
this chapter.[1]
[1]
Editor's Note: The Zoning Maps are included
at the end of this chapter.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Maps, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center lines of streets or highways, street lines or
highway right-of-way lines, such center lines, street lines or highway
right-of-way lines shall be construed to be such boundaries.
B.
Where district boundaries are so indicated that they
are approximately parallel to the center lines of streets or highways,
street lines or highway right-of-way lines, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Maps. If no distance is given,
such dimension shall be determined by the use of the scale shown on
said Zoning Maps.
C.
Where a district boundary line, as appearing on the
Zoning Maps, divides a lot or land is single ownership as existing
at the time of this enactment, the use authorized on and the district
requirements applying to the less-restricted portion of the property
shall be construed as extending into the remaining portion of the
property beyond the district boundary lines for a distance not exceeding
100 feet.
D.
After application of the above rules, if uncertainty
exists as to location of district boundaries, the Zoning Board of
Appeals shall so determine at the request of the Code Enforcement
Officer or the Planning Board.
