[Amended 9-21-1991 by L.L. No. 1-1991]
In order to fulfill the purpose of this chapter,
the Town of Hurley establishes and is hereby divided into the following
zoning districts for the purposes indicated:
A.
A-4 Very-Low-Density Residential. This district has
been delineated to include the most sensitive environmental areas
in the Town: those areas where specific physical conditions require
that particular care be taken to ensure that development will not
affect (or be affected by) identified environmental constraints. These
areas include lands having both poor soil characteristics (depth and/or
vertical permeability) and either rough, steep topography or flood
hazard area conditions, in combination with one or more of the following
factors: protected wetlands and water bodies, agricultural district
designation, poor road access and proximity to or inclusion of state
forest preserve land holdings. It includes the flats along the Esopus
Creek, the steep areas above the flats, the lands around the Ashokan
Reservoir and the mountainous areas at the north edge of Town.
B.
A-2.5 Low-Density Residential. This district includes
much of the remaining rural area of Town. Many of the same environmental
factors present in the very-low-density area are present here, but
the extent of these factors, either individually or in combination
with each other, is smaller and more discontinuous. These areas are
fairly remote from schools and other community facilities. There is
no sewer and water service in these areas, nor is it likely such community-wide
systems could be feasibly developed.
[Amended 4-8-1999 by L.L. No. 1-1999]
C.
R-1 Moderate-Density Residential. This district includes
the periphery of the established hamlets of Hurley and West Hurley.
In contrast to the low- and very-low-density areas, there are rarely
two or more significant environmental constraints present in these
areas, the most common of which is soil characteristics. In addition,
there is good access onto local streets, proximity to community facilities
and major regional highways. Some portion of these areas is presently
served by community water systems and other areas could conceivably
be served by community utilities.
D.
R-2 Medium-Density Residential. This district includes
the more developed hamlet centers of West Hurley and Hurley. These
areas include a concentration of community facilities and are proximal
to areas of commercial development. Highway access is very good. Most
of these areas are served by central water systems and the balance
could be served by extensions of such systems. Environmental constraints
are basically minimal and consist primarily of isolated small areas
of slope, poor soils or floodplain.
E.
H Historical. This area of stone houses on Main Street
and Hurley Avenue in the hamlet of Old Hurley encompasses a designated
historic district that includes a concentration of historic buildings
found nowhere else in Town. Community facility and environmental characteristics
are essentially identical to those in the adjoining medium-density
area, and permitted uses are likewise similar. The intent of this
designation is to preserve and enhance the Town's historical resources
through review provisions that ensure compatibility with existing
structures in terms of architectural design, materials and colors.
F.
NC Neighborhood Commercial. This district includes
several areas in the Town which are at some distance from existing
retail centers. A limited number of retail and service uses are permitted
(such as general stores, restaurants, antique shops, banks, bed-and-breakfast
inns, personal services and small repair shops) to provide conveniences
to nearby residents, as well as one- and two-family homes. These small
business areas are proposed along county or Bureau of Water Supply
maintained roads.
G.
B-1 General Business. These areas, located on state
highways and major county roads, are intended to serve both neighborhood
and Town-wide needs for a wide variety of retail and office uses,
as well as gasoline stations, automotive repair, bars, restaurants
and motels, along with churches, schools, social service uses and
two-family homes.
H.
B-2 Highway Business. This district includes a number
of areas in the Town having frontage or immediate access onto a major
state arterial highway. Large scale retail and wholesale uses are
permitted on larger parcels along with service stations. Residential
uses are not allowed. Most of these uses require large storage and
parking areas because of the volume of business and potential site-generated
traffic.
I.
I-1 Light Industrial. This district is intended for
areas suitable for light industrial use involving manufacture of finished
products from previously prepared raw materials, including processing,
fabrication, assembly, packaging and distribution. Such areas require
good transportation access, ample water supply, opportunities for
sewage discharge and natural barriers or buffers from adjacent uses,
particularly residences.
[Amended 4-8-1999 by L.L. No. 1-1999]
The location and boundaries of said zoning districts
are shown on the map entitled "Zoning Map" adopted on September 24,
1991, and certified by the Town Clerk. Said map, together with everything
shown thereon and all amendments thereto, is hereby adopted and is
declared to be appurtenant part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center lines or right-of-way lines of streets, highways,
public utility easements or watercourses, said boundaries shall be
construed to be coincident with such lines. Such boundaries shall
be deemed to be automatically moved if a center line or right-of-way
line of such street, highway, public utility or watercourse is moved
a maximum of 50 feet.
B.
Where district boundaries are indicated as approximately
following the Town boundary line, property lines, lot lines or projections
thereof, said boundaries shall be construed to be coincident with
such lines or projections thereof.
C.
Where district boundaries are so indicated that they
are approximately parallel to the Town boundary line, property lines,
lot lines, right-of-way lines or projections thereof, said boundaries
shall be construed as being parallel thereto and at such distances
therefrom as indicated on the Zoning Map or as shall be determined
by the use of the scale shown on the Zoning Map.
D.
Where a district boundary line divides a lot in a
single or joint ownership of record at the time such line is established,
the regulations for the less restricted portion of such lot shall
extend not more than 30 feet into the more restricted portion.
E.
In all other cases, where not dimensioned, the location
of boundaries shown on the Map shall be determined by the use of the
scale appearing thereon.
Except as hereinafter provided:
A.
No land or building shall hereafter be used, occupied,
erected, moved or altered unless in conformity with the regulations
hereinafter specified for the district in which it is located.
B.
No building shall hereafter be erected or altered
to:
C.
No part of a yard or other open space required about
any building shall be included as part of a yard or other open space
similarly required for another building.
D.
No off-street parking or loading space required for one building or use shall be included as meeting, in whole or part, the off-street parking or loading space required for another building or use, except as provided in § 210-29B.
E.
No off-street parking or loading space shall be so
reduced in area that it does not meet the requirements of this chapter.
