The Town of Galway is hereby divided into the following types of districts:

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:

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.

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.

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.

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.

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.

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.

Agricultural Overlay (AO). The purpose of this overlay district is to promote agriculture.

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.

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.

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.

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.

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.

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.

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.