Town of Poestenkill, NY Article III Land Use Districts

§ 150-5 Enumeration of districts.

A. The Town of Poestenkill hereby establishes and divides the Town into the following land use districts:

	R	Residential District
	RA	Residential/Agricultural District
	RR-1	Rural Residential 1 District
	RR-2	Rural Residential 2 District
	H	Hamlet District
	CLI	Commercial/Light Industrial District
	NP	Natural Products District
	PD	Planned Development District

B. An overlay district is also hereby created:

FF-O

Flood-Fringe Overlay District

§ 150-6 Land Use District Map. [1]

The location and boundaries of said districts are shown on the Land Use District Map, Town of Poestenkill. Said map, together with all explanatory matter thereon and all amendments thereto, is hereby adopted and is declared to be an appurtenant part of this chapter. Said map shall be kept up-to-date and shall be located in the Town Clerk's office for the use and benefit of the public.

[1] Editor's Note: The Land Use District Map is on file in the Town Clerk's office.

§ 150-7 Interpretation of district boundaries.

Where uncertainty exists with respect to the boundaries of any of the aforesaid land use districts as shown on the Land Use District Map, the following rules shall apply:

A. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements or watercourses, said boundaries shall be construed to be coincident with such lines.

B. 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. Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Land Use District Map or as shall be determined by use of the scale shown on the Land Use District Map.

D. Where a district boundary line divides a single lot in a single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot may, at the owner's discretion and with the exception of the Flood-Fringe Overlay (FF-O) District, extend not more than 30 feet into the more restricted portion, provided that the lot has street or highway frontage in the less restricted district.

E. In all other cases, where dimensions are not shown on the Land Use District Map, the location of the boundaries shown on the map shall be determined by the use of the scale appearing thereon.

F. In the event that none of the above rules is applicable, or in the event that further clarification or definition is considered necessary or appropriate, the location of a district boundary shall be determined by the Zoning Board of Appeals.

§ 150-8 Delineation of flood hazard zones.

The boundary of the Flood-Fringe Overlay District (FF-O) is established herein as delineated on the most current edition of the Flood Insurance Rate Map (FIRM) as issued for the Town of Poestenkill by the Federal Emergency Management Agency. Any revisions, amendments or successors thereto are hereby adopted and made part of this chapter. The latest edition of said map shall be kept on file in the offices of the Town Clerk and the Town Code Enforcement Officer for the use and benefit of the public.

§ 150-9 Construal of provisions.

A. No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, reconstructed or enlarged, except in conformance with the use and area and bulk regulations herein specified for the district in which it is included.

B. No more than one principal building or use on any lot, other than as may be approved under the Subdivision Regulations or Planned Development District, shall be permitted unless minimum required area, lot width and yard requirements are met for each.

C. No part of a yard or other space required in connection with any building or use shall be included as part of a yard or other open space similarly required for another building.

D. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.

E. No off-street parking or loading space required for one building or use shall be included as meeting, in whole or part, the off-street parking or loading space required for another building or use, except as otherwise provided for by this chapter.

F. No off-street parking or loading space shall be so reduced in area that it does not meet the requirements of this chapter.

G. Within each district, the use and area and bulk regulations set forth by this chapter shall be considered minimum regulations and shall apply uniformly to each kind of building, structure or land.