New Windsor City Zoning Code
ARTICLE II
Zoning Districts and Zoning Map
§ 300-3 Districts established.
[Amended 7-2-2014 by L.L. No. 1-2014; 9-7-2016 by L.L. No. 2-2016; 2-7-2018 by L.L. No. 1-2018; 4-7-2021 by L.L. No. 3-2021; 3-5-2025 by L.L. No. 2-2025]
A.
There are hereby established, and the Town of New Windsor is divided into, classes of districts listed below and their purpose described below:
Symbol | Title | |
|---|---|---|
R-1 | Rural Residential | |
R-2 | Open Space Residential | |
R-3 | Suburban Residential (including two-family) | |
R-4 | Suburban Residential (excluding two-family) | |
R-5 | Multiple-Family Residential | |
NC | Neighborhood Commercial | |
LC | Limited Commercial | |
HC | Highway Commercial | |
OLI | Office and Light Industrial | |
PI | Planned Industrial | |
AP | Airport | |
CL-1 | Cluster | |
CL-2 | Cluster 2 | |
CL-3 | Cluster 3 | |
WO | Watershed Overlay | |
MU | Municipal Use |
(1)
Rural Residential (R-1) purpose. The purpose of the R-1 District is to protect the environmentally sensitive steep or wet areas and aquifer recharge areas of the Town and to preserve the open rural character while providing a suitable low-density environment for single-family residences and limited nonresidential uses.
(2)
Rural Residential (R-2) purpose. The purpose of the R-2 District is to protect the environmentally sensitive steep or wet areas and aquifer recharge areas of the Town and to preserve the open rural character while providing a suitable low- and medium-density environment for single-family residences and limited nonresidential uses.
(3)
Suburban Residential (R-3) purpose. The purpose of the R-3 District is to provide a suitable environment for one- and two-family residences and compatible uses in developed portions of the Town.
(4)
Suburban Residential (R-4) purpose. The purpose of the R-4 District is to provide a suitable environment for one-family residences and compatible uses in developed portions of the Town. Two-family and multiple-family residences are not a permitted use in the R-4 District.
(5)
Multiple-Family Residential (R-5) purpose. The purpose of the R-5 District is to provide a suitable environment for one-family, two-family, and multiple-family residences and compatible uses in developed portions of the Town.
(6)
Neighborhood Commercial (NC) purpose. The purpose of the NC District is to encourage commercial uses and offices intended to serve the immediate area or neighborhood, primarily with convenience goods and services.
(7)
Limited Commercial (LC) purpose. The purpose of the LC District is to encourage a greater range of uses than what is permitted in the Neighborhood Commercial Zone. This is intended to include retail stores and restaurants, service establishments, professional office buildings, hotels and motels and other similar uses but which are limited in size and scope to be less intensive than the Highway Commercial Zone.
(8)
Highway Commercial (HC) purpose. The purpose of the HC District is to encourage a full range of commercial activity along major highways.
(9)
Office and Light Industrial (OLI) purpose. The purpose of the OLI District is to promote the establishment of cultural, educational, office and light industrial uses.
(10)
Planned Industrial (PI) purpose. The purpose of the PI District is to encourage a full range of non-nuisance environmentally sensitive industrial activities.
(11)
Airport (AP) purpose. The purpose of the AP District is to promote the establishment of a well-designed commercial development in close proximity and in harmony with Stewart International Airport, and to provide flexibility in such design and development in order to best utilize the lands of the airport and the surrounding properties.
(12)
Cluster (CL-1) purpose. The purpose of the CL-1 District is to encourage the efficient use of land, accommodate reduced infrastructure while preserving a range of housing types.
(13)
Cluster 2 (CL-2) purpose. The purpose of the CL-2 District is to encourage the efficient use of land, and accommodate reduced infrastructure while preserving a range of housing types with larger lots and setbacks than provided in CL-1 to be more consistent with the surrounding neighborhood character.
(14)
Cluster 3 (CL-3) purpose. The purpose of the CL-3 District is to encourage the efficient use of land and accommodate reduced infrastructure, while preserving a range of housing types with larger lots and setbacks than provided in CL-1 and CL-2 to be more consistent with the surrounding neighborhood character.
(15)
Watershed Protection Overlay (WO) purpose. The purpose of the Watershed Protection Overlay District is to promote the health, safety and welfare of the community by protecting and preserving the surface and groundwater resources of the Town from any use of land or buildings which may reduce the quality of its water resources. The intent of the district is to limit the amount of impervious surface permitted within the district in order to control nonpoint source discharge and pollution. Cluster development may be required at the discretion of the Planning Board.
(16)
(Reserved)
(17)
Municipal Use (MU) purpose. The purpose of the MU District is to provide flexibility for the Town in its use of Town-owned land so that the Town can provide services to residents of the Town.
B.
Protection of historical corridor district. Under the provisions of New York State General Municipal Law § 96-a, the Town of New Windsor hereby designates the following two corridors as being of special historical significance and creates an historical corridor district for zoning purposes. The Planning Board is hereby empowered to impose special conditions and restrictions for the protection, enhancement, perpetuation and use of the historical places in the two historical corridors, including regulations, special conditions and restrictions which it deems appropriate and reasonable for the control, use or appearance of private properties within public view in the historical corridor:
(1)
New Windsor Cantonment Historical Corridor. This corridor shall run from the New York State Thruway overpass on Route 207, otherwise known as "Little Britain Road," in a southeasterly direction along Routes 207 and 300, otherwise known as "Temple Hill Road," to the intersection of Route 300 and Old Temple Hill Road. The extent of the district shall be 400 feet on each side of the right-of-way line of the designated road. For proposed uses within this corridor, the Planning Board shall take into consideration visual impacts, including lighting and screening for uses within the line of site from historic resources.
(2)
Knox Headquarters Historical Corridor. This corridor shall run from the intersection of Route 94, otherwise known as "Blooming Grove Turnpike," in an easterly direction along Forge Hill Road to the intersection of Forge Hill Road with Route 9W. The extent of the district shall be 400 feet on each side of the right-of-way line of the designated road.
E.
Conversion of municipal uses. Upon the Town's transfer of title to property that, at the time of transfer, is within the Municipal Use Zoning District, then the subsequent zoning district for said property will automatically convert to the same district that surrounds the property, and the Town's Chief Information Technology Officer shall prepare and file an amended zoning map updated to reflect the conversion.
§ 300-4 Zoning Map.
The boundaries of said districts are hereby established as shown on the Zoning Map of the Town of New Windsor, which is hereby adopted and 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, with the assistance of the Code Enforcement Officer and the Town's information technology office, for the use and benefit of the public.
§ 300-5 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 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 lands shall be construed to be such boundaries.
C.
Unless otherwise shown, all district boundaries running parallel to streets shall be construed to be 200 feet back from the rights-of-way of said streets.
D.
In all cases where a district boundary divides a lot in one ownership and more than 50% of the area of such 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 said lot which lies within 100 feet of such district boundary, provided that for any proposed nonresidential use abutting an existing residential use, a buffer sufficient, in the Planning Board's opinion, to screen and protect the residential use is provided. For purposes of this section, the more-restricted district shall be deemed that district subject to regulations which prohibit the use intended to be made of said lot or which require higher standards with respect to coverage, yards, screening, landscaping and similar requirements.
E.
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, the entire lot shall be subject to the regulations of the district covering the majority of the lot.
F.
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 use of the scale appearing thereon.
G.
Lot lines changes shall not affect or alter district boundaries.
§ 300-6 Effect of chapter; prohibited uses.
A.
Following the effective date of this chapter:
(1)
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed, arranged to be used, or modified, 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.
(2)
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.
(3)
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. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
B.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with regulations in force prior to this chapter, if either of the following is found to exist:
(1)
A building permit or certificate of occupancy shall have been duly issued prior to the date of first publication of notice of the public hearing on this chapter.
(2)
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.
C.
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 frequently proposed that are deemed undesirable and incompatible and are thus prohibited.