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ARTICLE II, Land Use and Overlay Districts
§ 145-8. Establishment of districts:
(1) Rural District (RU). The purpose of this district is to promote agriculture and compatible open space and rural uses by discouraging large-scale residential development.
(2) Resource Conservation District (RC). The purpose of this district is to encourage forestry, recreation, land conservation, and very-low-density residential uses where agriculture is not a significant use and intensive residential development is undesirable.
(3) Hamlet Mixed-Use District (HM). The purpose of this district is to maintain the traditional scale, density, and mixed-use character of existing hamlet core areas and to allow them to expand and become more economically viable.
(4) Hamlet Residential District (HR). The purpose of this district is to maintain the traditional scale, density, and character of hamlet residential neighborhoods surrounding the hamlet cores and to allow expansion into surrounding land areas that are within walking distance from the hamlet centers.
(5) Suburban Residential (SR). The purpose of this district is to maintain the character of existing suburban-density residential developments and to allow a limited extension of suburban growth patterns.
(6) Highway Commercial District (HC). The purpose of this district is to allow commercial uses that rely heavily on automobile and truck access and that would not be compatible with a hamlet mixed-use area.
(7) Commercial/Industry/Office Mixed-Use District (CO). The purpose of this district is to allow areas for light industrial, service commercial, office, and research facilities. Such districts may also include, where compatible, housing and limited retail commercial development intended to support the primary uses or to provide adaptive reuses for existing commercial or industrial buildings.
(8) Industrial/Manufacturing District (M). The purpose of this district is to allow industrial and related uses and adult entertainment, uses that are not compatible with most commercial, office, or residential uses, in isolated and well-buffered locations.
(1) In addition to these land use districts, the following overlay districts are hereby created:
(a) Floodplain Overlay District (FP). The purpose of this overlay district is to control development within the one-hundred-year floodplain in order to minimize flood damage and protect water resources. This district also incorporates by reference the town's existing Floodplain Protection Local Law. EN See § 145-13.
(b) Stream Corridor Overlay District (SC). The purpose of this overlay district is to protect the scenic character and water resource values of the Ten Mile River and its tributaries. See § 145-14.
(c) Aquifer Overlay District (AQ). The purpose of this overlay district is to protect groundwater resources that provide both public water supplies and drinking water for private wells. See § 145-15.
(d) Mixed-Use Institutional Conversion Overlay District (MC). The purpose of this overlay district is to provide use and design flexibility to encourage productive reuse of the Harlem Valley Psychiatric Center campus. This district provides greater use flexibility and a procedure for master planned development of this property in a manner that advances the town's development goals. See § 145-16.
(e) Soil Mining Overlay District (SM). The purpose of this overlay district is to provide appropriate locations for soil mining to occur where it can encourage commercially viable agriculture by enabling farm operators to supplement their farm income. See § 145-17.
(2) Overlay districts do not change the use and dimensional requirements of the underlying land use districts unless specifically so stated in this chapter. On any given parcel of land, more than one overlay district may apply.
ARTICLE IV, Overlay District Regulations
A. Findings and purpose. The purpose of this overlay district is to facilitate the redevelopment of the former Harlem Valley Psychiatric Center as a mixed-use community that fulfills the goals of the Town of Dover Master Plan and the purposes of this chapter as expressed in Article I. The town wishes to attract development to this site because it contains serviceable buildings and water and sewer infrastructure, as well as excellent highway and commuter rail transportation access. This overlay district is the most appropriate area of the town for intensive mixed-use development. The provisions of this overlay district are intended to streamline permitting and allow greater use flexibility.
B. Boundaries. The boundaries of the MC District are shown on the Overlay District Map.
C. Effect of district. Within the MC District, all uses listed on the Use Table as requiring a special permit shall be permitted by right subject to site plan approval only. Any use not listed on the Use Table and not prohibited by § 145-10C may be allowed by special permit. Dimensional and density regulations and requirements for buffers between uses may be modified by the Planning Board in the course of site plan approval to fit the unique characteristics of the district. Buffer requirements intended to protect residential uses adjoining the MC District shall not be modified. Total allowable development of the district or any portion thereof under review shall not exceed 50% more than would be otherwise permitted in the underlying districts, except that in the portion of the MC Overlay District which is zoned SR a density bonus of 100% shall be allowed. In addition, land use district classifications may be changed in the following ways:
(1) The Town Board may, in its sole discretion, by zoning amendment granted at the request of an applicant, reclassify any portion of the overlay district to any other land use district, except for the M District. In so doing, the Town Board shall make a finding that the reclassification is consistent with the purposes of the Town of Dover Master Plan and this chapter. The reclassification shall entitle the applicant to approval by right subject to site plan approval of all specially permitted uses in the district to which the use has been classified. The Town Board may attach such conditions as it finds necessary to ensure that the reclassification of land in the district will be in harmony with surrounding land uses and the purposes of the overlay district.
(2) The Town Board may, by zoning amendment in its sole discretion, rezone all or a portion of the MC District pursuant to a comprehensive development plan for a portion of the property that includes at least 40 acres. Such rezoning shall be in the form of a planned development district and shall be consistent with the Town of Dover Master Plan and any other master plan for the site adopted by the Town Board or Planning Board. A conceptual site plan shall be approved by the Town Board as part of the comprehensive development plan rezoning application approved pursuant to Article X. The conceptual site plan shall show street layouts, an open space system, and density and general use classifications within the planned development district and shall indicate dimensional regulations that will apply within the district. The Town Board may attach such conditions as it finds necessary to ensure that the planned development district will be in harmony with surrounding land uses and the purposes of the overlay district. Upon approval of the comprehensive development plan and conceptual site plan with attached conditions on use and dimensional standards, only site plan approval shall be required to implement individual components of the proposed plan. EN(7)
D. Applicability of design guidelines. In reviewing any site plan application in the MC Overlay District, the Planning Board and the Architectural and Community Appearance Board of Review shall apply the Dutchess County Hamlet Design Guidelines, Rural Development Guidelines, and Building Form Guidelines as appropriate to ensure that development is compatible with the character of the town. Where the specific historic character of existing buildings on the site justifies divergence from the recommendations of the Guidelines, the Architectural and Community Appearance Board of Review may permit such divergence with a written explanation in its decision. Architectural compatibility with existing post-1950 architecture may not be the basis for such divergence. However, architectural excellence may provide the basis for divergence from the Guidelines.
E. Limitation on residential development. No more than 30% of the gross floor area of all development in the MC Overlay District may consist of residential dwelling units containing three or more bedrooms. No more than 50% of the gross floor area of all development in the MC Overlay District may consist of residential development, except that age-restricted senior citizen housing shall be excluded from this calculation.
F. Protection of open space resources. All development in the MC District shall protect open space of conservation value by clustering development to the maximum extent practical. Particular open space resources designated for protection include the existing golf course, the Great Swamp wetlands, and the area on the east side of the district that includes steep slopes, the reservoir, and the Appalachian Trail.
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