Town of Philipstown, NY Article I Title, Scope and Purposes

§ 175-1 Title.

This chapter is known and may be cited as "The Philipstown Zoning Law."

§ 175-2 Introduction and user guide.

This Zoning Law enables Philipstown to protect the diverse "character" of the Town while also giving landowners a range of options and choices for the use, development, and conservation of their land. It is designed to achieve the community's goals as expressed in the Town's Comprehensive Plan while respecting the property interests of landowners and providing a development approval process that is predictable, efficient, and fair.

A. Overview. This section provides a brief overview of what is in the Zoning Law.

(1) This chapter divides the Town into land use districts and establishes rules for the use of land in each district. The text is accompanied by a Zoning Map[1] which shows where the various districts are located.

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

(2) The Use Table in Article III (§ 175-10) tells what uses are allowed in each district. The definitions in § 175-74 explain what the different use categories in the table mean. Several of the uses are also regulated by supplementary regulations in Article VII, which are referenced in the Use Table.[2]

[2] Editor's Note: The Use Table is included at the end of this chapter.

(3) Article III, § 175-11, contains dimensional regulations for each district, covering lot size, setbacks, and other requirements about the permissible amount, size, type, and location of development on a lot.

(4) Article IV (§§ 175-13 through 175-18.1) covers overlay districts, which are special districts designed primarily to protect special resources from inappropriate development and to maintain the Town's character and natural resources. Some of these overlays also allow uses that are not allowed in the underlying district, including mobile home parks and gravel mining. The provisions of these districts apply in addition to those of the underlying land use district.

(5) Article V contains options for flexibility in development patterns, particularly the use of conservation subdivisions, which preserve open space by concentrating development on a portion of a parcel.

(6) Article VI contains rules for allowing the continuation of buildings and uses that were legal under previous regulations but do not conform to this Zoning Law. This is sometimes referred to as "grandfathering."

(7) Supplementary regulations in Article VII contain additional requirements for specific types of uses and structures (such as home occupations, signs, and parking), as well as performance standards for all development.

(8) Articles VIII and IX explain the procedures for obtaining various types of permits from the Town, including zoning permits from the Zoning Administrative Officer, site plan and special permit approval from the Planning Board, special permits from the Town Board, and special permits, appeals, and variances from the Zoning Board of Appeals.

(9) Article X contains the procedures for the Town Board and Planning Board to follow in amending this Zoning Law to change the Map or the text.

B. How to use this Zoning Law. Landowners and others who use this Zoning Law are encouraged to meet with the Zoning Administrative Officer to discuss how this Zoning Law applies to their property. For any large-scale development (a large business or a development of several homes) it is also a good idea to consult the Town's Comprehensive Plan and meet with the Town Planner to understand how to make a proposed development fit within the Town's vision of its future. The usual sequence of steps in using this Zoning Law is as follows:

(1) Check the Zoning Land Use District Map[3] to determine what land use district(s) your land is in.

[3] Editor's Note: The Zoning Map is included at the end of this chapter.

(2) Check the Overlay District Maps[4] to see which of the overlay districts apply to your land. Review the provisions of applicable overlay districts in Article IV to see how they may affect what you can do with your land.

[4] Editor's Note: The Overlay District Maps are included at the end of this chapter.

(3) Consult the Use Table and text in § 175-10,[5] along with any relevant definitions, to determine whether your proposed use is allowed in that district and what permits may be needed to approve it. Also check the specific sections that deal with the district your land is located in as well as any supplementary regulations in Article VII that may apply to your proposed use. (These are referenced in the Use Table.)

[5] Editor's Note: The Use Table is included at the end of this chapter.

(4) Consult the Dimensional Table in § 175-11[6] to see which setbacks and other dimensional standards apply.

[6] Editor's Note: The Dimensional Table is included at the end of this chapter.

(5) If your land is in the RC, RR, or SR Districts, review the requirement of a conservation analysis and the various development options provided in §§ 175-19 through 175-22 to determine which you want to pursue.

(6) If you have an existing use that is no longer permitted, or if your existing building or lot does not comply with dimensional standards for your zoning district, check §§ 175-23 through 175-28 to determine what you can do with it.

(7) If the Use Table indicates that your proposed use or structure can go forward with just a building permit or a zoning permit, refer to Article VIII. If the use will require a special permit or site plan approval, turn to Article IX for the procedures to follow.

(8) If your proposed use or structure is not permitted, you may want to petition for either a variance from the Zoning Board of Appeals (as provided in § 175-59) or a zoning amendment from the Town Board (as provided in § 175-69). These options should be discussed with the Zoning Administrative Officer before they are pursued. Any zoning amendment must be consistent with the Comprehensive Plan.

§ 175-3 Scope, authority and purposes.

This chapter regulates the location, design, construction, alteration, occupancy, and use of structures and the use of land in the Town of Philipstown, dividing the Town into land use districts. This chapter is enacted pursuant to the authority and power granted by the Municipal Home Rule Law of the State of New York, Article 2, § 10 et seq., and the Consolidated Laws of the State of New York, Chapter 62, Article 16. This chapter is enacted in accordance with the updated Town of Philipstown Comprehensive Plan, adopted by the Town Board on March 9, 2006 (as it may be modified from time to time), in order to implement the community's goals as expressed in the Town of Philipstown Comprehensive Plan.

§ 175-4 Interpretation of provisions.

A. All provisions of this chapter shall be construed to advance the goals and strategies of the Comprehensive Plan.

B. By Local Law No. 4 of the year 2010, the Town of Philipstown has adopted "Putnam County Pathways: A Greenway Planning Program Linking Putnam's Open Space, Historic, Cultural and Economic Resources," as amended from time to time,[1] as a statement of land use policies, principles and guides. In their discretionary actions under this Zoning Law, reviewing boards should take into consideration said statement of policies, principles and guides.

[1] Editor's Note: See Ch. 131, Putnam County Pathways.

§ 175-5 Siting and design guidelines.

To help ensure that development will be compatible with the existing character of the Town, a reviewing board may consult as advisory guidelines the illustrated design guidelines published by the New York Planning Federation in 1994, entitled "Hamlet Design Guidelines, Building Form Guidelines, and Rural Development Guidelines," (hereinafter "the Guidelines") any successor guidelines, or such other guideline documents as the Town Board may adopt. The Design Handbook, adopted by the Philipstown Planning Board, and last revised on August 3, 1993, shall also serve as advisory guidelines for development in the Route 9 Corridor.

§ 175-6 Other laws; special agreements.

The provisions of this chapter shall be considered the minimum requirements for the promotion of the public health, safety, convenience, comfort, and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that when this chapter imposes a greater restriction on the use of structures or land or on the heights of structures, or requires larger open spaces, or imposes any higher standards than are imposed or required by any easement, covenant, or agreement, the provisions of this chapter shall control. Where the requirements of this chapter differ from the requirements of another statute, law, ordinance, rule, or regulation, the more restrictive standard shall govern, unless this chapter specifically states otherwise.