[Amended 6-13-2011 by L.L. No. 5-2011; 9-9-2013 by L.L. No.
13-2013; 4-27-2015 by L.L. No. 1-2015; 1-30-2017 by L.L. No. 1-2017[1]]
The Town of Wappinger is hereby divided into
the following classes of districts:
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R-5A
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1-Family Residence District
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R-3A
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1-Family Residence District
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R-80
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1-Family Residence District
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R-40/80
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1-Family Residence District
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R-40
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1-Family Residence District
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R-20/40
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1-Family Residence District
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R-20
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1-Family Residence District
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R-15
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1-Family Residence District
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R-10
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1-Family Residence District
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RMF-3
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Multifamily Residence District
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RMF-5
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Multifamily Residence District
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PUD
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Planned Unit Development District
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HD
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Highway Design District
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NB
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Neighborhood Business District
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GB
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General Business District
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SC
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Shopping Center District
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HB
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Highway Business District
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CC
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Conservation Commercial District
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COP
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Conservation Office Park District
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HM
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Hamlet Mixed Use District
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AI
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Airport Industry District
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[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
A.
Rationale for single-family residential categories
on proposed Zoning Map.
(1)
R-3A
and R-5A: Sensitive areas to be developed only at very low density,
because of lack of central water and sewer, and because of their scenic
values, slopes and/or wetlands and floodplain complexes.
[Added 6-13-2011 by L.L. No. 5-2011[1]]
[1]
Editor’s Note: This local law also redesignated former
Subsection A(1) through (7) as Subsection A(2) through (8), respectively.
(2)
R-80: Sensitive areas to be developed only at low
density, without central sewers, because of their scenic values, slopes
or wetlands and floodplain complexes. Rigorous scenic buffers should
be required along the Hudson River sites.
(3)
R-40/80: Areas outside of the currently proposed regional
municipal sewer service area, which should be developed at R-80 if
that area is not extended to them, but which should be permitted a
density of R-40 if a link is made to the regional municipal (or other
system consistent with the Town sewer and water plan). These areas
are not as environmentally sensitive as the R-80 and in western Wappinger
tend to be surrounded by existing higher densities.
(4)
R-40: These zones cover either existing developed
areas outside the proposed regional sewer system service area, areas
within the proposed regional sewer system service area or small undeveloped
tracts in transitional areas adjacent to higher density developments
(such as Chelsea). If within the proposed sewer service area, these
sites should only be developed if tie-ins to the regional system are
provided.
(5)
R-20/40: Areas within the sewer service area that
have either already been developed at this density or, because of
their proximity to Route 9, the Village of Wappingers Falls or other
higher density areas, are appropriate sites for R-20 densities as
long as they connect to the regional sewer system.
(6)
R-20: Areas that have already been fully developed
at this overall density.
(7)
R-15: Existing R-15 areas that have been developed
at this overall density.
(8)
R-10: Existing R-10 areas that have been developed
at this overall density.
B.
Intent of mapping various nonresidential districts.
(1)
CC - Conservation Commercial. Intent: To permit commercial
use of strategically located sites that have sensitive environmental
features (wetlands, floodplains, steep slopes along stream corridors)
at densities and under performance standards that will preserve those
resources. Filling or building construction should not be permitted
in wetlands areas, one-hundred-year floodplains or stream corridors
and ravines in this zone.
(2)
COP - Conservation Office Park. Intent: To permit
office/research use of strategically located sites that have sensitive
environmental features (wetlands, floodplains, steep slopes along
stream corridors) at densities and under performance standards that
will preserve those resources; to encourage development of such areas
in campus-style facilities, with access to major highway routes; to
provide for more diverse employment opportunities in the Town. Filling
or building construction should not be permitted in wetlands areas,
one-hundred-year floodplains or stream corridors and ravines in this
zone.
(3)
HM - Hamlet Mixed Use. Intent: To preserve the historical
character, concentrated development pattern and mixture of uses in
existing commercial hamlets, particularly Hughsonville and Swartoutville,
by encouraging restoration, reuse and visual improvement of existing
structures.
(4)
HD - Highway Design District. Intent: The uses are designed to discourage
automotive uses; stand-alone, franchise, fast food establishments
and certain other uses, and to encourage the development of office
uses, scientific research, engineering or design laboratories, and
other uses that can help diversify the Town's economic base.
[2]
Editor's Note: This local law also repealed former Subsection
B(4), MU - Mixed Use District, and redesignated former Subsection
B(5) as Subsection B(4).
[3]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
[Amended 6-13-2011 by L.L. No. 4-2011]
Said districts are bounded and defined as shown
on the map titled "Zoning Map of the Town of Wappinger, New York,"
prepared by Frederick P. Clark Associates, Inc., dated April 28, 2011,
and as amended from time to time, which map, with all the explanatory
matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: Said map is on file in the
Town offices.
Where uncertainty exists as to the locations
of any boundaries shown on the Zoning Map, the following rules shall
apply:
A.
District boundary lines are intended to follow lot
lines or the center line of streets, rights-of-way or watercourses
or be parallel or perpendicular thereto, unless such district boundary
lines are indicated by dimensions shown on the Zoning Map.
B.
Where district boundary lines divide a lot or unsubdivided
property, the location of any such boundary, if not indicated by dimensions,
shall be determined by the use of the map scale appearing thereon.
C.
Where such boundaries are indicated as approximately
following the property liens of parks or other large public holdings,
such lines shall be construed to be such boundaries.
D.
Where district boundaries are so indicated that they
approximately follow the edge of lakes, ponds, reservoirs or other
bodies of water, the mean high water lines thereof shall be construed
to be the district boundaries, except that the regulations of the
most restrictive district on the edge of such a body of water shall
apply to the area within the mean high water line and the body of
water thereof.
E.
Any boundary extending into the Hudson River or other
bodies of water bordering the Town shall be deemed to extend to the
boundary of the Town, unless otherwise indicated.
F.
If the district classification of any land is in question,
it shall be deemed to be in the most restrictive adjoining district.
Where a lot is divided by one or more zoning
district or municipal boundary lines, each portion of such lot and
any building or land use established thereon shall comply with the
regulations of the district in which it is located.
For purposes of these regulations, where residence districts are referred as more restrictive or less restrictive, the designation shall refer the order in which residence districts are set forth in § 240-6, the first named being the most restrictive.
