[Amended 7-26-2007 by L.L. No. 15-2007]
The Town of Wallkill is hereby divided into
the following classes of districts, the respective symbol for each
type of district being set forth opposite its title:
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RA
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Rural-Agricultural District
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RA-1
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Low-Density Agricultural District
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R-2
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Suburban Residential District
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R-1
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Medium-Density Residential District
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R-M(B)
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Multiple-Family (Bonus) Residential District[1]
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NC
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Neighborhood Commercial District
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HC
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Highway Commercial District
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TC
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Town Center District
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O/R
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Office and Research District
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ENT
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Enterprise District
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ENT-L
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Light Enterprise District
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FP
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Floodplain and Ponding Area Environmental Subdistrict
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POD
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Performance Overlay District
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[Amended 7-26-2007 by L.L. No. 15-2007; 5-22-2008 by L.L. No. 7-2008; 12-9-2009 by L.L. No. 8-2009]
The boundaries of said districts are hereby
established as shown on the map entitled "Town of Wallkill, Orange
County, New York, Zoning Map," adopted October 2009 by the Town Board
of the Town of Wallkill, New York, which map accompanies and which,
with all explanatory matter thereon, is hereby made a part of this
chapter. Said map, indicating the latest amendments, shall be kept
up-to-date in the offices of the Town Clerk and Building Inspector
for the use and benefit of the public.
In determining the boundaries of districts shown
on the map, the following rules shall apply:
A.
Unless otherwise shown, the district boundaries shall
be construed to be parallel to and a specified distance from the center
lines of streets, alleys, parkways, waterways, railroad rights-of-way
or such lines extended, as noted on plans.
B.
Where such boundaries are indicated as approximately
following the property lines of publicly owned lands, such lines shall
be construed to be such boundaries.
C.
Measurements stated on the Zoning Map are perpendicular
or radial distances from street lines measured to the zone boundary
lines, which, in all cases where distances are given, are parallel
to the street line.
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 in this chapter
for the less restricted district shall apply to such portion of the
more restricted portion of said lot which lies within 30 feet of such
district boundary. For purposes of the section, the more restricted
district shall be deemed that district which is subject to regulations
which prohibit the use intended to be made of said lot or which regulations
require higher standards with respect to setback, coverage, yard,
screening, landscaping and similar requirements.
E.
In all cases where a district boundary line is located
not further than 15 feet away from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
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.
Following the effective date of this chapter:
A.
No building shall be erected, moved, altered, rebuilt
or enlarged nor shall any land or buildings 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 said 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 lot 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.
Nothing contained in this chapter shall require any
change in the plans, construction or designated use of a building
complying with existing law, a permit for which shall have been duly
issued and the construction of which shall have started 90 days before
the date of first publication of notice of the public hearing on this
chapter, and the ground story framework of which, including the second
tier of beams, shall have been completed within six months of the
date of the permit, and which entire building shall have been completed
in accordance with such plans as have been filed within one year from
the day of the passage of this chapter.
