Hillsdale City Zoning Code
ARTICLE II
Establishment of Districts
§ 245-6 Purposes of zoning districts.
In order to fulfill the purposes of this chapter, the Town of Hillsdale hereby establishes the following three types of zoning districts:
A.
Base districts, which establish basic use and density regulations
B.
Overlay districts, which add additional regulations to protect specified environmental resources or to encourage or allow certain desirable activities, but which do not otherwise abrogate the base district regulations
C.
Floating districts, which may be added to the Zoning Map on a case-by-case basis by zoning amendment, superseding the underlying base district regulations, but not the overlay district regulations. Floating districts permit activities that are compatible with the purposes of this chapter and are consistent with the Comprehensive Plan, but which are not permitted by the regulations established for the base districts.
§ 245-7 Base districts.
The Town of Hillsdale establishes and is hereby divided into the following three base districts:
A.
RU–Rural. The purpose of this district is to preserve the rural character of the Town, to encourage agriculture, and to conserve large tracts of undeveloped open space. The principal uses permitted are low-density residential uses and agriculture, forestry, and recreation. Small-scale business uses are allowed by special permit.
B.
HM–Hamlet Mixed-Use. The purpose of this district is to foster community interaction in traditional centers of settlement that enjoy a sense of place, and that include a mix of small-scale business and residential uses designed and integrated in a manner that is architecturally harmonious.
C.
HB–Highway Business. The purpose of this district is to provide a location for those businesses, primarily high-traffic retail uses, that are incompatible with residential uses and that need to be accessible to a major highway, with strict design and layout standards to avoid an extensive commercial strip. The HB District is not intended to contain those businesses which do not require state highway frontage to attract customers or to provide heavy truck access. Municipal uses, other than highway-related or truck facilities, are discouraged from locating in the HB District.
§ 245-8 Overlay districts.
The Town of Hillsdale hereby establishes the following overlay districts, which are more fully described in Article V of this chapter.
A.
SC–Stream Corridor. The purpose of this overlay district is to protect the water quality and scenic integrity of corridors of streams classified by the New York State Department of Environmental Conservation.
B.
AG–Agricultural Preservation. The purpose of this overlay district is to protect agricultural land and to encourage a development pattern that keeps agricultural land in productive use.
C.
FP–Floodplain. The purpose of this overlay district is to limit development within identified floodplain areas to protect public safety.
D.
SH–Scenic/Ridgeline/Historic. The purpose of this overlay district is to encourage development in a pattern that is protective of identified scenic areas, ridgelines, and historic structures and land areas.
E.
AQ–Aquifer. The purpose of this overlay district is to protect identified areas containing significant groundwater resources.
F.
SM–Soil Mining. The purpose of this overlay district is to identify specific areas where commercial extraction of sand, stone, and gravel should be permitted because it is desirable and feasible in those locations. Until such time as a Soil Mining Overlay District is mapped, soil mining shall be permitted by special permit anywhere in the RU District.
§ 245-9 Floating district.
The following floating district may be established by zoning amendment:
A.
VM–Village Mixed-Use (Industrial/Office/Residential). The purpose of this floating district is to permit mixed-use developments of office, light industrial, residential, and limited commercial uses, designed in a manner that is compatible with the natural and built environment of the Town.
§ 245-10 Zoning Map Series.
The location and boundaries of the base and overlay zoning districts, as well as floating districts (if and when they are adopted as Zoning Map amendments), are or shall be shown on maps entitled "Zoning Map Series of the Town of Hillsdale" certified by the Town Clerk as adopted by the Town Board. These maps, together with everything shown thereon and all amendments thereto, are hereby adopted and are declared to be an integral part of this chapter.[1]
[1]
Editor's Note: Said maps are on file in the office of the Town Clerk.
§ 245-11 Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map Series, 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, and aqueducts 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, aqueduct, or watercourse is moved a distance of 50 feet or less.
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 line, lot lines, right-of-way lines, or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances there from 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 a more restricted portion.
E.
Where overlay district boundaries are based upon natural features such as steep slopes, contour line elevations, soil types, or ecological communities, such boundaries may be more precisely established through field investigation by a qualified professional.
F.
In all other cases, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.
§ 245-12 Application of district regulations.
Except as hereinafter provided:
A.
No land or structure 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 which exceeds the maximum height, occupies a greater percentage of lot area, accommodates or houses a greater number of families, or has a narrower or smaller front yard, rear yard, side yard, or other open space than is required or permitted for the district in which such building is located, except as explicitly provided in this chapter.
C.
No part of a yard required for any structure shall be included as part of a yard or other open space similarly required for another structure.
§ 245-13 Siting and design guidelines.
The Town finds that the design and layout of development are as important as the use, density, and dimensional provisions of this chapter. Accordingly, rural siting, hamlet siting, and building form guidelines contained in Appendixes I, II, and III are hereby made a part of this chapter.[1] These guidelines shall apply to lot and road layout in subdivisions and to major projects (as defined in Article XIV) requiring special permit or site plan approval, but not to individual single-family homes or other uses allowed by right or by minor project special permit. The Town encourages all new development and the alteration or expansion of existing development to comply with the provisions of these guidelines. The Planning Board and Zoning Board of Appeals shall have the power to waive provisions of this chapter if they make written findings that such waivers will implement the purposes and requirements of these guidelines.
[1]
Editor's Note: Said appendixes are on file in the office of the Town Clerk.