Town of Gardiner, NY Article II Land Use and Overlay Districts

§ 220-7 Establishment of districts.

The Town of Gardiner 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. They 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 Agricultural District (RA). The purpose of this district is to promote agriculture, forestry, recreation, and land conservation, as well as compatible open space and rural uses by encouraging such activities and siting development in a manner that preserves large tracts of contiguous open space and agricultural land.

B. Shawangunk Ridge Protection District (SP). The purpose of the SP District is to protect the unique environmental and scenic resource of the Shawangunk Ridge and its foothills, while allowing limited development. The SP District is divided into three subdistricts, SP-1, SP-2, and SP-3. See § 220-16.

C. Hamlet Mixed-Use District (HM). The purposes of this district are to maintain the traditional scale, density, architectural style, and mixed-use character found in the existing Gardiner central hamlet, while allowing it to expand and become more economically viable.

D. Hamlet Residential District (HR). The purpose of this district is to maintain the traditional scale, density, and character of small hamlets and the residential neighborhoods surrounding the hamlet centers, and to allow expansion into surrounding land areas that are generally within walking distance from the hamlet centers.

E. Commercial Light Industry District (CLI). The purpose of this district is to allow areas for light industrial, service commercial, office, and research facilities. See § 220-10H.

F. 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, while minimizing their traffic and visual impact on the Town. See § 220-10J.

G. 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 Chapter.[1] See § 220-13.

[1] Editor's Note: See Ch. 121, Flood Damage Prevention.

H. Hamlet Expansion Overlay District (HEO). The purpose of this overlay district is to show areas where the central hamlet of Gardiner may be expanded in the future by rezoning to HR. This is intended to occur only upon submission of a development plan that integrates new development into the fabric of the existing hamlet. See § 220-14.

I. Scenic Protection Overlay District (SPO). The purpose of this overlay district is to protect the scenic character of scenic resources in the Town, including scenic road corridors and the Wallkill Valley Rail Trail. See § 220-14.1.

J. Aquifer Overlay District (AQO). The purpose of this overlay district is to protect groundwater resources that provide both public water supplies and drinking water for private wells. (Not drafted yet.) See § 220-15.

K. Soil Mining Floating District (SMF). The purpose of this floating district is to provide appropriate locations for soil mining to occur where landowners can conduct sand and gravel mining operations without adversely impacting their neighbors. See § 220-17.

L. Resort Development Floating District (RDF). The purpose of this floating district is to provide use and design flexibility to encourage resort development that fits into the rural character of the Town and protects its scenic, historic, and environmental resources. This district provides a procedure for master planned development of large properties to promote tourism, recreation, and open space protection. See § 220-18.

M. Mobile Home Park Floating District (MHF). The purpose of this floating district is to protect existing mobile home parks and to provide appropriate locations for mobile home parks to be located, consistent with the requirements of § 220-44.

§ 220-8 Zoning maps.

A. The boundaries of the land use, floating, and overlay districts are hereby established on maps entitled "Town of Gardiner Land Use Districts Zoning Map" and "Town of Gardiner Overlay and Floating Districts Zoning Map" (hereinafter the "Zoning Maps"), adopted and certified by the Town Clerk, which accompany and are hereby declared to be a part of this chapter. Unofficial photo-reductions of these maps are appended to this chapter for reference purposes only.[1]

[1] Editor's Note: The unofficial maps are included at the end of this chapter.

B. The official Zoning Map shall be kept in the office of the Town Clerk, and shall be reviewed for accuracy and updated at least once annually with any Zoning Map amendments adopted in the previous year by the Town Board or its designee. Changes may be made in district boundaries or other matter portrayed on the Zoning Map 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 Map 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 final 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 § 220-57 of this chapter.

E. Where a land use district boundary line divides a lot in a single ownership existing at the time of enactment of this chapter, the Planning Board may grant a special permit to allow the uses authorized and the district requirements of the less-restricted portion of such lot to extend up to a maximum of 50 feet into the more-restricted portion of the lot. This provision shall not apply to overlay district boundaries. For purposes of calculating impervious surface coverage limitations, land extending 100 feet into the more-restricted portion of a lot shall be included in the calculation of maximum impervious surface coverage for uses located in the less restricted portion.

§ 220-9 Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts shown on the Zoning Map, 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.

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.