In order to fulfill the purpose of this chapter, the Town of Esopus establishes and is hereby divided into the following zoning districts for the intent indicated. The specific uses permitted in each district are listed in § 123-10, Zoning Schedule of Permitted Use Regulations.
A.
Residential zoning districts.
(1)
RF-1 Riverfront Estate District. The Riverfront Estate District has
been established to preserve the unique character of the area located
between the Hudson River shoreline and Route 9W in the central area
of the Town's waterfront, which consists of large undeveloped
tracts and private and institutional estates. This low-density area
has scenic and cultural values for not only the Town, but also the
mid-Hudson Region. The regulations provide opportunities to preserve
open space by clustering development and to preserve large, existing
landmark structures by allowing their use for purposes appropriate
to the structure and the purposes of the district, such as corporate
offices, inns and conference centers.
(2)
RF-2 Riverfront District. The Riverfront District has been established
to regulate development in low-density areas adjacent to the Hudson
River which are already developed at a low density or which are visible
from the water but do not have direct river frontage. This district
is intended to complement the RF-1 District. Clustered development
is allowed to preserve open space but, since there are few large landmark
structures, the range of nonresidential uses is limited.
(3)
R-40 Residential District. The R-40 Residential District includes
most of those areas of the Town which are generally not served by
municipal sewer or water systems and exclude the denser hamlets in
Town. The district was established to facilitate medium- to low-density
residential development and associated nonresidential uses that are
compatible with the rural areas and existing uses the district encompasses.
(4)
R-12 Moderate Density/Hamlet Residential District. The Moderate Density/Hamlet
Residential District has been established to regulate development
in two distinct categories of Town: the areas in and around Port Ewen
developed within the water and sewer districts and the rural hamlet
areas in the southern part of Town which were developed at a higher
density than the surrounding area but which lack municipal utilities.
To reflect the varied utility services in this district, development
density is based on a sliding scale, geared to the availability of
municipal water and/or sewer service.
(5)
NC Neighborhood Commercial District. The Neighborhood Commercial
District has been designated to include businesses which provide goods
and services for residents of the surrounding neighborhood. The districts
are located primarily in the rural hamlets of the Town which do not
have other nearby shopping areas. The businesses permitted are limited
to those of a convenience nature and subject to standards to ensure
that surrounding residential areas will not be adversely affected.
(6)
MH Manufactured Home Overlay District. The Manufactured Home Overlay
District has been established to designate the areas in which manufactured
home parks are permitted. As an overlay district, all other regulations
of the underlying district also apply.
(7)
RG Rondout Gateway District. The Rondout Gateway District has been
established to extend the hamlet-scaled development patterns and walkability
north to the Rondout Creek, allow for a mix of residential, hospitality,
commercial, office and recreational uses while protecting the Town's
northern gateway through site and architectural design standards and
guidelines.
B.
Mixed-use districts.
(1)
BC Broadway Commercial District. The Broadway Commercial District
has been delineated to recognize the unique character of the established
business area in the center of Port Ewen. Unlike any other business
district in Town, businesses in this area have developed on small
lots with little or no setbacks or on-site parking and are served
by municipal water and sewer systems. The district regulations have
been established to maintain this higher density, pedestrian scale
business area.
(2)
GC-1 General Commercial District. The General Commercial District
has been established to allow for a wide range of business uses along
US Rt. 9W and within the more urban hamlet of Port Ewen and northern
portions of Ulster Park, to serve not only Town residents but also
through traffic and visitors as well. Applicable development standards
are intended to provide adequate parking, separation of access drives
and protection to adjacent residential areas.
(3)
GC-2 General Commercial Rural District. The General Commercial Rural
District has been established to allow for smaller-scaled businesses
to be located within and consistent with the Town's more rural
hamlets of Esopus, West Park, Rifton, St. Remy, and southern portion
of Ulster Park. The businesses envisioned for the General Commercial
Rural District are intended to serve local residents, visitors and
through traffic. Applicable development standards are intended to
provide adequate parking, separation of access drives and protection
to adjacent residential areas.
C.
Industrial districts.
(1)
LI Light Industrial District. The Light Industrial District has been
established to regulate the development of office, storage, research
and light manufacturing (such as assembly or finishing, but excluding
chemical or heat transformation) at a low density and lot coverage,
with ample buffers, so as to provide employment opportunities while
protecting the residential environment.
(2)
HI Heavy Industrial District. The Heavy Industrial District has been
established to regulate the industries which process or extract raw
materials or engage in manufacturing using chemicals, heat or similar
processes to transform materials. Such uses require large sites, ample
buffers and performance standards to ensure that activities do not
have effects beyond the site.
D.
Waterfront districts.
(1)
W Waterfront District. The Waterfront District has been established
to regulate the areas on the Rondout Creek which are the historic
location of water-dependent commercial activities, such as boatyards,
marinas and uses dependent on transportation of goods by water. Since
suitable sites for such uses are limited, other non-water-dependent
uses are precluded except for accessory uses.
(2)
WR Waterfront Recreation District. The Waterfront Recreation District
includes those areas along the Rondout Creek and Hudson River which
are suitable for water-dependent recreation uses, such as parks, and
boat launches, but due to their sensitive environmental resources,
cannot support more intensive types of uses.
E.
Overlay and special districts.
(1)
Rt. 9W Overlay District. The Rt. 9W Overlay District has been created to regulate expanded opportunities for commercial development along the Rt. 9W corridor by establishing additional standards and review procedures to protect residential uses, maintain traffic safety and preserve the scenic and historic settings in this area. (See § 123-19.)
(2)
MFZ Mixed-Use Floating Zone. The MFZ District is established for
the purposes of allowing for and encouraging mixed residential and
nonresidential developments through the use of more creative and imaginative
designs than what is presently achievable under conventional land
use techniques and zoning regulations, and to encourage growth and
development on a scale and design that is pedestrian friendly, calms
traffic, discourages large parking lots, incorporates high quality
architecture, and promotes vertical development and integration of
land uses rather than separation.
The location and boundaries of the zoning districts established in § 123-6 are shown on the map entitled "Official Zoning Map of the Town of Esopus." Said map, together with everything shown thereon and all amendments thereto, is hereby adopted by reference and accompanies and is declared to be an appurtenant part of this chapter. 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 general 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.
Along center lines and right-of-way lines. Where district boundaries
are indicated as approximately following the center lines or right-of-way
lines of streets, highways or public utility easements, said boundaries
shall be construed to be coincident with such lines. Said boundaries
shall be deemed to be moved automatically if a center line or right-of-way
line of such street, highway or public utility easement is moved a
maximum of 20 feet.
B.
Along lot or boundary lines. 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.
Parallel to lot or boundary lines. Where district boundaries are
so indicated that they are approximately parallel to the Town boundary
line, street lines, property lines, lot lines or center lines of public
utility easements, lands or structures or projections thereof, said
boundaries shall be construed as being parallel thereto and at such
distances therefrom as are indicted on the Zoning Map or as shall
be determined by the use of the scale shown on the Zoning Map.
D.
Watercourses. Where district boundaries are indicated as following
a river or stream, said boundaries shall be construed to be coincident
with the center line of such river or stream, and said boundaries
shall be deemed to be automatically moved if the main channels of
such streams or rivers are moved by natural or artificial means up
to a maximum of 50 feet.
E.
Existing physical markers. Where a street, highway, railroad or public
utility easement center line or right-of-way line is coincident with
a zoning boundary line and varies from the actual on-the-ground physical
monument or mark, then such on-the-ground physical monument or mark
shall determine said zoning boundary.
F.
Lots divided by zoning district lines. Where a zoning district boundary
line divides a lot in single ownership as existing at the time of
this enactment, the district requirements on either side of the boundary
may be construed, at the property owner's option, as extending
into the remaining portion of the property for a distance not exceeding
200 feet.
Following the effective date of this chapter:
A.
No building 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/or 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.
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. 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.
D.
Plans approved prior to adoption.
(1)
Nothing contained in this chapter shall require any change in the
plans, construction or designated uses of land or buildings complying
with and approved in accord with existing law, in the following cases:
(a)
A building permit or certificate of occupancy shall have been
duly issued prior to the effective date of this chapter and have not
expired or been revoked and the entire building shall be completed
in accordance with such plans as have been filed within one year form
the effective date of this chapter; or
(b)
A site plan, a special use permit or a PUD designation shall
have been approved prior to the effective date of this chapter and
shall remain valid at the time of passage of this chapter.
E.
Any uses not specifically permitted herein 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 to
have 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 in the particular district.
