Hamptonburgh Town City Zoning Code
ARTICLE III
Zoning Districts and Map of Zoning Districts
§ 150-3 Enumeration of districts.
A.
The Town of Hamptonburgh is hereby divided into the following classes of districts, the respective symbol and title for each of which is set forth below:
[Amended 9-2-2003 by L.L. No. 2-2003]
Symbol | Title | |
|---|---|---|
R-4A | Rural Preserve | |
R-3A | Low-Density Single-Family Residential District | |
R-2A | Medium-Density Single-Family Residential District | |
HCR-4 | Hamlet Commercial/Residential District | |
NB | Neighborhood Business District | |
O-HC | Office-Highway Commercial District | |
IP | Industrial Park District | |
I | General Industry | |
LUI | Limited Uses Industry | |
Environmental Subdistricts | ||
FP | Floodplain Overlay District | |
AP | Airport Overlay District | |
GRO | Gateway Road Overlay District | |
B.
The above-listed environmental subdistricts are contained within and may overlap any districts established by this article.
§ 150-4 Zoning Map district use and bulk regulations.
A.
Zoning Map. The boundaries of the districts set forth in § 150-3 of this chapter are hereby established as shown on the Zoning Map for the Town of Hamptonburgh, which, with all explanatory matter thereon and amendments thereto, is hereby made a part of this chapter. A copy of said map, indicating the latest amendments, shall be kept up to date in the office of the Town Clerk for the use and benefit of the public.
B.
District use and bulk regulations. The schedules of regulations applying to permissible uses within districts, the density of development, area of lots, heights and setbacks of structures, and all other matters contained herein, as indicated for the various districts established by this chapter, are hereby adopted and declared to be part of this chapter. Said schedules, are located at the end of this chapter.
[Amended 9-2-2003 by L. L. No. 2-2003]
§ 150-5 District boundaries.
In determining the boundaries of districts shown on the map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways or railroad or utility rights-of-way, or such lines extended, such center lines shall be construed to be such boundaries.
B.
Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
C.
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
D.
In all cases where a district boundary divides a lot in one ownership, the district regulations for either portion of the lot may, at the lot owner's discretion, extend not more than 30 feet beyond the district boundary line or to the entire lot, whichever is less. A district boundary shall not be construed as subdividing a property.
E.
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by use of the scale appearing thereon.
§ 150-6 General prohibitions.
A.
No building or structure shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
B.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot. Where more than one structure is constructed as part of independent principal uses in a site plan for a nonresidential use, structures should meet all yard, parking, setback and any applicable building code requirements such that it could be legally subdivided meeting all current bulk requirements for the respective zoning district classification.
C.
No lot shall be formed from part of a lot already occupied by a building, unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located.
D.
Nothing contained in this chapter shall require any change in plans, construction or designated use of a building complying with local laws in force prior to the effective date of this chapter if the following is found to exist:
(1)
A building permit shall have been duly issued prior to the effective date of this chapter and the entire building shall have been completed in accordance with such plans as have been filed with the Town within one year from the effective date of this chapter.
E.
Any use not permitted by this chapter shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this chapter shall not be deemed to be an exhaustive list, but has been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses that may be proposed that are deemed undesirable and incompatible and are, therefore, prohibited.
§ 150-7 Base zoning districts.
In any zone, no building or premises shall be used nor shall any building or part of a building be erected or altered which is arranged, intended or designed to be so used, in whole or in part, for any uses except as provided in this article.
§ 150-8 (Reserved) [1]
[1]
Editor's Note: Former § 150-8, Table of Use Regulations, was repealed 9-2-2003 by L.L. No. 2-2003. This local law also repealed the former Table of Use Regulations and the former Table of Bulk Regulations, as amended, and replaced them with a new Table of Use and Bulk Regulations, which table is included at the end of this chapter.
§ 150-9 Environmental subdistricts.
A.
Floodplain Overlay Subdistrict.
(1)
Purpose. Areas in the Town of Hamptonburgh which are subject to periodic inundation and/or ponding, as identified by the Federal Emergency Management Agency (FEMA) as the floodway and the one-hundred-year flood zones within the Town, are delineated on the Zoning Map. These Floodplain Overlay Subdistricts have been designated where they appear throughout the Town for the purpose of protecting human life and property against the hazards of occupying areas identified as being subject to floods and floodwaters.
(2)
Criteria.
(a)
All uses within the Floodplain Subdistrict are subject to site plan approval by the Planning Board, notwithstanding any provisions to the contrary in this Article III.
(b)
Within the Floodplain Subdistrict, no structure shall be constructed, reconstructed, altered or moved nor shall excavation nor filling take place except as in conformance with the following restrictions. Site plan approval requirements shall apply to all changes in grade within the Floodplain Overlay Subdistrict.
(3)
Prohibited uses.
(a)
Within the Floodplain subdistrict, no alteration in grade shall be made nor shall fill be placed for either structural or nonstructural uses which shall alter the stream dynamics in a way which is detrimental to the health, safety and welfare of residents and land uses both upstream and downstream of such grade alteration.
(b)
Open or enclosed storage of hazardous or nonhazardous materials below the flood elevation, including but not limited to agricultural material such as manure storage piles exceeding one cubic foot in volume, and the like, shall be prohibited.
(4)
Procedure.
(a)
An applicant shall demonstrate the boundary of the proposed use relative to the Federal Emergency Management Agency-delineated one-hundred-year flood and floodway boundaries and shall indicate any proposed topographic alterations within the boundaries of the floodway and one-hundred-year flood zone. Plans shall comply with the requirements of Article VI of this chapter.
(b)
The Planning Board may require such engineering and other documentary evidence as it deems necessary in order to determine the suitability of such area for such use, including, but not limited to, topographic data, proposed location and elevation of structures and facilities and any other information that demonstrates that the use itself would remain safe from floodwaters that safe access can be provided to the area in case of flood; that its water and sewage disposal methods would remain safe and sanitary; that surface drainage flows would be adequately provided for; and that any proposed grade or structural changes within the floodplain or the floodway would not alter stream dynamics in a way which is detrimental to the health, safety and welfare of residents and land uses both upstream and downstream of such grade or structural alteration. The Planning Board shall consult with other individuals and agencies as necessary, including, but not limited to, the Town Engineer, the Federal Emergency Management Agency (FEMA), the Department of Environmental Conservation and the United States Soil Conservation Service. Notwithstanding the foregoing, the Planning Board may waive the requirements of this section upon finding that any other agency, such as the Department of Environmental Conservation, will duplicate this required review pursuant to its grant of any requested permit.[1]
[1]
Editor's Note: Former Subsection A(4)(c), Density transfer credits; clustering, which immediately followed this subsection, was repealed 9-2-2003 by L.L. No. 2-2003]
B.
Airport Overlay Subdistrict:
(1)
Purpose. Areas in the Town of Hamptonburgh which are within the radius of takeoff, landing and approach zones to the Orange County Airport are delineated on the Zoning Map. These areas have been delineated for the purpose of protecting human life and property against the hazards of low-flying aircraft and aircraft flying in normal patterns around the Orange County Airport.
(2)
Permitted uses. All uses within the airport subdistrict shall be the same as permitted for the base districts as identified in this article, except as follows:
(a)
Whenever a request for a building permit is made for any use within the airport subdistrict, the application shall include a site survey with accurate elevations based on United States Geological Survey datum. The Building Inspector shall determine the highest elevation at all points of the proposed structure based on the building plans and the site survey and shall compare the same to the elevations noted in the Airport Overlay Subdistrict Map. The Building Inspector shall refuse to issue a building permit if he determines that an unreasonable hazard, either to aircraft or to any occupants of the proposed structure, would be created due to the relative height and location of the proposed structure, taking into consideration any other relevant physical features of the site in question, such as trees.
(b)
Whenever a request for subdivision of lands within the Airport Overlay Subdistrict is made, the Planning Board shall consider whether it can reasonably be used for the construction of any permitted use within the base zoning district pursuant to Subsection B(2)(a) above. If necessary, the Planning Board may impose reasonable conditions related to the location and/or height of structure(s) which may be located on lots that are or would be located in the Airport Overlay Subdistrict.
C.
Gateway Road Overlay (GRO) District.
[Added 9-2-2003 by L.L. No. 2-2003[2]]
(1)
Purposes. The Town of Hamptonburgh wishes to preserve its historic resources, stone walls, other natural features, and views from its roadways and other public areas by channeling new development away from those areas and onto lands which are not as scenic and historically significant. The view experienced from these areas contributes significantly to the overall rural character of the Town, an attribute the community seeks to preserve and enhance while accommodating growth and change. Where development occurs in sensitive scenic areas, the Town wishes to assure that such development is consistent with the objective of maintaining the existing scenic character of such areas to the greatest extent practicable. Specifically, the Town finds:
(a)
That the natural, open character of the Gateway Roads is a critical feature of the unique heritage of the Town of Hamptonburgh whose preservation enriches and benefits both residents and visitors;
(b)
That the Gateway Roads in Hamptonburgh are dotted with historic homes and buildings, and some are lined with fine trees, thick woodlands or farm fields which contribute to the overall scenic, historic and rural character of the Town;
(c)
That it is desirable to protect panoramic views as well as sensitive natural habitats on the Gateway Roads; and
(d)
That preservation of these features while providing for appropriate development can only be achieved by encouraging flexibility in the design of land use and development projects.
(2)
Areas within the Gateway Road Overlay District. In furtherance of the purposes above, the Town has identified scenic resources worthy of preservation in the new Comprehensive Planning and Zoning Analysis adopted by the Town Board. The location of these resources, as outlined below and depicted as the Gateway Road Overlay District on the Zoning Map, shall be protected by the provisions of this section. As shown on the Zoning Map, the Gateway Road Overlay District pertains to:
(a)
The entire length of Route 207 within the Town of Hamptonburgh.
(b)
The entire length of Route 416 within the Town of Hamptonburgh.
(c)
The entire length of Sarah Wells Trail (Route 8) within the Town of Hamptonburgh.
(d)
The entire length of Ridge Road within the Town of Hamptonburgh.
(e)
The entire length of Route 208 within the Town of Hamptonburgh.
[Amended 6-30-2004 by L.L. No. 2-2004]
(f)
The specific areas regulated by the GRO District shall include all lands within 1,000 feet of the roadways specified in Subsection C(2)(a) through (f) above.
(3)
Overlay plan review. No principal or accessory use in a residential district or any permitted use or accessory use in a business, commercial or industrial district may be constructed within the GRO District without approval as herein provided. Upon application for an approval pursuant to this section, said application shall be referred to a committee consisting of two Planning Board members; the Planning Board Chairman or his or her designee, which designee shall be a member of the Planning Board, and one member of the Planning Board as designated by the Planning Board Chairman from time to time. Said committee shall meet on an as-needed basis at a time to be designated and shall review the application to determine if the proposed construction would be consistent with the goals and objectives of the GROD.
[Amended 7-6-2015 by L.L. No. 1-2015]
(a)
If the committee determines that the application is consistent with said goals and objectives, no further review under this provision shall be required. If the committee determines that the application is not consistent with said goals and objectives, the application shall be referred to the full Planning Board for further review as provided by this chapter.
(4)
Additional regulations. The additional regulations set forth below supplement, but do not replace, the use and bulk regulations otherwise applicable to the underlying zoning districts.
(a)
The minimum front setback requirement, as set forth for the applicable underlying zoning district shall be doubled for all structures and parking areas located within the Gateway Road Overlay District. The side and rear yard setbacks may also be doubled by the Planning Board if there are historic or scenic resources located within the district which shall be protected.
(b)
As an alternative to the doubling of the required front, side or rear setbacks, including in situations of existing noncomplying or irregularly shaped lots where the doubling of the setback might create practical difficulty in the reasonable development of the site, the approving authority may determine that the setback otherwise applicable in the zoning district may govern or the approving authority may impose a setback anywhere between the otherwise applicable setback in the zoning district that governs or the doubled setback in situations where the doubling of the required front, side or rear setbacks might create practical difficulty in the reasonable development of the site.
(c)
The approving authority may require that the front yard shall be managed by the property owner in a way that preserves significant existing vegetation, plant specimens, landforms and water features; nurtures tree planting and other natural landscaping efforts; creates dense landscaping buffers; preserves stone walls, existing fields and similar features; and/or ensures both the protection of visual buffers and the prominence of key scenic vistas, including views of historic properties and landscapes.
(d)
Any necessary intrusions within the open space area shall be reduced to the extent practicable by such measures as common driveways and shared utility services for building sites that may gain access from the roadways in the GRO District.
(e)
As stated in this chapter, conservation subdivisions in accordance with § 150-21 shall be the preferred residential land development technique for lands within, adjacent to or affecting the overall character of a Gateway Road Overlay District, provided that:
[1]
All structures and/or parking areas are effectively screened on a year-round basis by existing landform and/or vegetation or by substantial new planting and berming as viewed from the public right-of-way, provided that such treatment does not diminish the prominence of key scenic vistas including views of historic properties and landscapes.
[2]
A conservation easement, satisfactory to the approving authority, is granted by the landowner to the Town, a land trust or similarly qualified entity to ensure that the screening will be properly maintained and managed or a similarly binding mechanism as acceptable to the Town Attorney shall be provided.
(f)
Existing vegetation shall be preserved to the maximum extent possible. Every attempt shall be made to limit cutting so as to maintain native vegetation as a screen for structures as seen from roads, parks and other public views within the Gateway Road Overlay District.
(g)
No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) except in accordance with an approved building permit, site plan, subdivision or timber-harvesting plan, excepting only the removal of diseased trees or those presenting an imminent hazard, the determination of which shall be made by the Building Inspector upon request of the owner of such tree(s). Cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
[Amended 6-30-2004 by L.L. No. 2-2004]
(h)
All electric, telephone, television and other communication lines, both main and service connections, servicing new developments shall be provided, pursuant to § 116-1 of the Town Code.
(i)
Throughout the Gateway Overlay District telecommunication towers shall be discouraged. In all cases the Town shall encourage shared use of towers rather than new construction, and reduced tower height to limit need for external lighting.
(j)
All signs shall be regulated pursuant to § 150-24 of the Town Code.
[2]
Editor's Note: This local law also repealed former Subsection C, Scenic Overlay Subdistrict, as amended 4-30-1996 by L.L. No. 2-1996 and 4-13-1999 by L.L. No. 1-1999.