Castelton On Hudson Village
City Zoning Code
City Zoning Code
ARTICLE III
Establishment of Land Use Districts
§ 210-5 Districts established.
In order to fulfill the purposes of this chapter, the Village of Castleton-on-Hudson is divided into the following districts:
R | Residential |
MU | Mixed Use |
WF | Waterfront |
I | Industrial |
TC | Transportation Corridor and Conservation |
C | Cemetery |
H | Historic Overlay |
F | Flood Hazard Overlay |
CE | Critical Environmental Overlay. [Added 5-16-1994 by L.L. No. 2-1994] |
§ 210-6 Statement of purpose.
The following statements of purpose define the spirit and intent of each land use district, and are to be used as guides in the interpretation and application of these regulations:
A.
Residential District. The purposes of the Residential District are to maintain and protect residential and neighborhood qualities while recognizing the importance of meeting the changing housing needs of Village residents; to provide for and encourage a mixture of housing types and opportunities; to provide for and encourage open spaces, shade trees and gardens; to foster safe pedestrian and traffic circulation by establishing options for the provision of off-street parking; to provide for the inclusion of home occupations in a manner which protects residential qualities of neighborhood; and to recognize the existence of nonconforming uses and to encourage their operation in an unobtrusive fashion.
B.
Mixed-Use District. The purposes of the Mixed-Use District are to promote the traditional role of Downstreet as a focus for residential, commercial, governmental and social activity by providing for a mixture of land uses; to promote pedestrian use of Downstreet in order to enhance the use of the Downstreet area as the center of community activity; to promote the physical and economic revitalization of Downstreet; to promote retail sales and attract visitors; and to encourage energy conservation by placing residences close to goods and services. The Mixed-Use District provisions intend to accomplish these purposes by encouraging and providing for a vertical mix of uses within structures.
C.
Waterfront District. The purposes of the Waterfront District are to recognize the historic role played by the Village's waterfront in the development of the Village; to encourage river-oriented commercial and recreational activities consistent with sound environmental practices; and to enhance public access to the river.
D.
Industrial District. The purpose of the Industrial District is to provide for the special needs of industry for relatively flat land with access to transportation networks and utilities, while protecting the integrity of residential neighborhoods and commercial activity.
E.
Transportation Corridor and Conservation District. The purposes of the Transportation Corridor and Conservation District are to preserve and protect sensitive natural areas from inappropriate development which would pose a health and safety hazard; to encourage use of these areas as scenic and recreational resources; and to provide for a rail corridor within the riverfront conservation area.
F.
Cemetery District. The purpose of the Cemetery District is to preserve Village cemeteries as emotional, religious, historical and aesthetic assets to the Village.
G.
Historic Overlay District. The purposes of the Historic Overlay District are to recognize, protect and enhance the special character of areas containing structures of architectural, historical or cultural importance to the Village which are reminders of its heritage and development. The use regulations and density controls of the underlying district shall apply, in addition to the special regulations of the Historic Overlay as set forth in Article IX of this chapter.
H.
Flood Hazard Overlay District. The purpose of the Flood Hazard Overlay District is to protect the public health and safety by prohibiting development in the overlay area unless the floodproofing requirements of the Flood Insurance Agency and the Village, and any amendments or revisions as may be adopted, are met. The use regulations and density controls of the underlying district shall apply.
I.
Critical Environmental Area Overlay. The purpose of the Critical Environmental Area Overlay is for protecting human life, preventing material losses and reducing the cost to the public of rescue and relief efforts necessitated by unwise development and occupancy of areas subject to slumping, sliding and erosion. The use regulations and density controls of the underlying district shall apply in addition to the special regulations of the Critical Environmental Area Overlay as set forth in Article XI of this chapter.
[Added 5-16-1994 by L.L. No. 2-1994]
§ 210-7 Land Use District Map.
[Amended 5-16-1994 by L.L. No. 2-1994]
The boundaries of districts established by this article are shown on the map entitled "Land Use District Map, Village of Castleton-on-Hudson," hereinafter referred to as the "Zoning Map," as adopted by the Village Board and maintained by the Village Clerk. The Land Use District Map, including all explanatory matter and amendments, is adopted as an integral part of this chapter. Regardless of the existence of other printed copies of the map, which from time to time may be made or published, the Official Map, which shall be located in the office of the Village Clerk, shall be the final authority as to the current zoning status of the land and water areas, buildings and other structures in the Village. The map shall be available in the Village Clerk's office for the use and benefit of the public.
§ 210-8 Interpretation of district boundaries.
In applying the provisions of this chapter, the following guidelines shall be used to determine the location of district boundaries:
A.
Where district boundaries are indicated as approximately following the center lines of streets, highways, public utility easements, waterways or railroad rights-of-way or such lines extended, such center lines shall be construed to be the district boundaries.
B.
Where district boundaries are indicated as approximately following the lot line, such lot lines shall be construed to be the district boundary line. In all cases where a district boundary line is located no farther than 15 feet from a lot line, the district boundary shall be construed to coincide with the lot line.
C.
In all cases where a district boundary line divides a lot in one ownership and more than 50% of the area of the 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 the lot which lies within 30 feet of the district boundary. The regulations for the more restrictive district shall apply to the portion beyond the thirty-foot area. For purposes of this section, the more restricted district shall be deemed that district subject to regulations which prohibit the use intended for the lot, or which require higher standards with respect to coverage, yards, screening, landscaping and similar requirements.
D.
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 Zoning Board of Appeals, under the provisions of Article XIII.
§ 210-9 Application of district regulations.
A.
With respect to slopes, soils, existing mature trees, wetlands and flood-prone areas and other natural constraints, each lot, yard and structure shall be designed with minimum site disturbance, and be capable of accommodating those permitted and customary accessory uses meeting the area and bulk regulations required for the district according to the Area and Bulk Schedule.[1]
[1]
Editor's Note: The Area and Bulk Schedule is included as an attachment to this chapter.
B.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with local laws of the Village of Castleton-on-Hudson in force prior to the effective date of this chapter, if the following exist:
(1)
A building permit shall have been issued prior to the date of the first publication of notice of the public hearing on this chapter; and
(2)
If the owner and/or applicant can demonstrate that substantial improvements have been made and substantial expense has been incurred prior to the effective date of this chapter.
