[Amended 2-18-2010 by L.L. No. 1-2010; 12-9-2010 by L.L. No.
6-2010; 11-18-2021 by L.L. No. 4-2021]
For the purposes of promoting the public health,
safety, and general welfare of the Town of Warwick, the Town is hereby
divided into the following types of districts:
|
District Label
|
Zoning District
|
|---|---|
|
AI
|
Agricultural Industry
|
|
RU
|
Rural
|
|
MT
|
Mountain
|
|
CO
|
Conservation
|
|
SL
|
Suburban Residential Low-Density
|
|
SM
|
Suburban Residential Medium-Density
|
|
LB
|
Local Hamlet Business
|
|
OI
|
Office and Industrial Park
|
|
DS
|
Designed Shopping
|
|
SH-F
|
Senior Housing Floating
|
|
TN-O
|
Traditional Neighborhood Overlay
|
|
AP-O
|
Agricultural Protection Overlay
|
|
AQ-O
|
Aquifer Protection Overlay
|
|
RL-O
|
Ridgeline Overlay
|
|
LC
|
Land Conservation
|
|
BC-O
|
Biodiversity Conservation Overlay
|
|
CB
|
Community Business
|
|
CD-O
|
Cannabis Dispensary Overlay
|
A.
AI. The purpose of the Agricultural Industry District
is to support agriculture and compatible industries on the black dirt
and surrounding soils.
B.
RU. The purpose of the Rural District is to maintain
the Town's historic pattern of rural and agricultural settlements,
characterized by large expanses of open space and unspoiled views
from the road, a scattering of residences, farms, and small businesses,
and clustered development surrounded by open space.
C.
MT. The purpose of the Mountain District is to protect
the scenic beauty of Warwick's mountainous lands by restricting development
that would mar the scenic landscapes of the Town's higher elevations
and by establishing a density of development appropriate to the thin
and fragile soil conditions found there.
D.
CO. The purpose of the Conservation District is to
recognize the environmental sensitivity associated with Mounts Adam
and Eve, Warwick, Taylor and Bellvale Mountains, the Appalachian Trail,
and significant freshwater wetlands and to restrict large-scale development
affecting such areas.
E.
SL. The purpose of the Suburban Residential Low-Density
District is to maintain the character of existing suburban density
residential developments and to allow a limited extension of suburban
growth patterns. The SL District is one of three districts designated
to receive developments rights, transferred from the AP-O District.
F.
SM. The purpose of the Suburban Residential Medium-Density
District is to allow for the development and redevelopment of residential
parcels where central water and sewer services are available and to
allow a limited extension of such suburban growth patterns, provided
water and sewer services are constructed by developers. The SM District
is one of three districts designated to receive developments rights,
transferred from the AP-O District.
G.
LB. The purpose of the Local Hamlet Business District
is to encourage increased pedestrian-oriented commercial and retail
activity in the Town's hamlets and create a location where greater
flexibility is provided for mixed use of commercial and residential
uses within individual structures to provide a variety of housing
options and lower business costs. The LB District is one of three
districts designated to receive developments rights, transferred from
the AP-O District.
H.
OI. The purpose of the Office and Industrial Park
District is to allow for the continuation of viable agricultural uses
and the development of planned office and light industrial uses, such
as the airport and light industry, that might negatively affect residential
areas and are best segregated from other land uses.
I.
DS. The purpose of the Design Shopping District is
to allow community-scale commercial uses that rely heavily on automobile
and truck access and that would not be compatible with a traditional
hamlet neighborhood area.
J.
SH-F. The purpose of the Senior Housing Floating District
is to enable the Town Board to permit, on a case-by-case basis, senior
housing that satisfies the special needs and habits of senior citizens
in locations where they will not detract from surrounding land uses.
[Amended 1-24-2002 by L.L. No. 2-2002]
K.
TN-O. The purpose of the Traditional Neighborhood
Overlay District is to maintain the traditional scale, density and
character of the areas surrounding the Town's villages and hamlets.
The TN-O District encourages development of fully integrated, mixed-use
pedestrian-oriented neighborhoods designed to minimize traffic congestion,
suburban sprawl, infrastructure costs, and environmental degradation.
Use of the overlay district in areas long ago designated for more
compact development will allow for the creation of receiving zones
for development rights transferred from the Town's AP-O District.
L.
RL-O. The purpose of the Ridgeline Overlay District
is to establish clear guidelines for future development and protection
of the Town's ridgelines, which are found at higher elevations and
which comprise the most scenic and environmentally sensitive areas
of the Town.
M.
AP-O. The purpose of the Agricultural Protection Overlay
District is to protect and maintain the Town's farmland for present
and future agricultural uses.
N.
AQ-O. The purpose of the Aquifer Protection Overlay
District is to protect, preserve, and maintain the quality and quantity
of the Town's irreplaceable groundwater resources.
O.
LC. The purpose of the Land Conservation District
is to recognize and provide for the preservation of permanent open
space and limited development on lands under the ownership or control
of the Palisades Interstate Park Commission and the National Park
Service. Use of the remaining private lands within the LC District
are subject to the requirements of the OI and CO Districts and all
other applicable regulations.
[Amended 10-24-2002 by L.L. No. 6-2002]
P.
BC-O.
The purpose of the Biodiversity Conservation Overlay District is to
recognize the importance of the Town’s natural resources, including
the diverse habitats and natural systems found within the Town, to
conserve biodiversity, reduce habitat fragmentation, and minimize
habitat loss while providing for residential and commercial development
in appropriate locations.
[Added 2-18-2010 by L.L. No. 1-2010]
Q.
CB. The
purpose of the Community Business District is to provide a place for
attractive development of business activities that serve community
needs. A limited number of curb cuts along New York State Route 94
is required by the Town’s marginal access road standards, to
minimize conflicts with through traffic and to conserve the capacity
of the roadway, while providing linkages between business establishments
on adjacent parcels. Careful review of both site and architectural
elements is required in this district to enhance the overall quality
of site development and promote architectural design that is compatible
with the overall historic character of the Village and Town of Warwick.
[Added 12-9-2010 by L.L. No. 6-2010]
R.
CD-O.
The purpose of the Cannabis Dispensary Overlay District is to allow
for the establishment of adult-use cannabis retail dispensaries in
accordance with the New York State Marijuana Regulation and Taxation
Act § 131.
[Added 11-18-2021 by L.L. No. 4-2021]
A.
Designation. The above-cited districts are bounded
as shown on a map entitled "Zoning Map of the Town of Warwick," adopted
herewith and certified by the Town Clerk, which accompanies and which,
with all explanatory matter thereon, is hereby made a part of this
chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
B.
Official copy. 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.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Map, the following rules shall apply:
A.
Following center lines. Where district boundaries
are indicated as approximately following the center lines of streets,
parkways, waterways or railroad right-of-way lines, the district boundaries
shall be construed to coincide with the center lines of streets, parkways,
waterways or railroad right-of-way lines, or such lines extended.
B.
Following lot lines. Where district boundaries are
so indicated that they approximately follow the lot lines, such lot
lines shall be construed to be said boundaries.
C.
Parallel to center lines. Where district boundaries
are so indicated that they are approximately parallel to the center
lines or street lines of streets or the center lines or right-of-way
lines of highways, such district boundaries shall be construed as
being parallel thereto and at such distance therefrom as indicated
on the Zoning Map. If no distance is given, such dimension shall be
determined by the use of the scale shown on said Zoning Map.
D.
Water bodies. Where the boundary of a district follows
a stream, lake or other body of water, said boundary line shall be
deemed to be at the limit of the jurisdiction of the Town of Warwick,
unless otherwise indicated.
E.
Lots in two districts. Where a district boundary line
divides a lot in a single or joint ownership of record at the time
such line is adopted, the regulations for the less restricted portion
of such lot shall extend not more than 30 feet into the more restricted
portion, provided that the lot has frontage on the street in the less
restricted district. For the purposes of this section, the more restricted
district shall be deemed that district subject to regulations which:
F.
District lines within 30 feet of lot lines. In all
cases where a district boundary line is located not farther than 30
feet away from a lot line of record, such boundary line shall be construed
to coincide with such lot lines.
In addition to the zoning districts, this chapter also establishes overlay districts which add additional requirements to protect identified natural and cultural resources. These districts are described in Article IV. In addition, housing for senior citizens has been addressed by this chapter through a floating zone. The Senior Housing Floating Zone has not been mapped. This district is established through the zoning amendment process enumerated in Article VI and as further described in § 164-49.1.
