In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety or the general
welfare. Whenever the requirements of this chapter are inconsistent
with the requirements of any other lawfully adopted rules, regulations,
ordinances or local laws, the more restrictive provisions, or those
imposing the higher standards, shall govern. This chapter expressly
supersedes any inconsistent provisions of Town Law § 138
with respect to the powers and duties of the Zoning Enforcement Officer
and Building Inspector as set forth herein.
[Added 11-14-2000 by L.L. No. 1-2000]
To implement Greenway Connections in the Town
of Red Hook, the Town Zoning Law of the Town of Red Hook is hereby
amended by the addition of the following provision as Section I.C.10.
To promote and support implementation of the Hudson River Valley Greenway
Communities Council's report entitled "Greenway Connections," as a
Town land use, development and design guideline, to the extent applicable
to the Town by Local Law No. 1 of the Year 2000, the Town of Red Hook
has adopted Greenway Connections: Greenway Compact Program and Guides
for Dutchess County Communities, as amended from time to time, as
a statement of land use policies, principles and guides. In its discretionary
actions under this chapter, the reviewing agency should be guided
by said statement of policies and guides where and whenever appropriate.
No site plan or special use permit shall be
approved and no building permit or certificate of occupancy issued
or variance granted under this chapter pertaining to any premises
upon which there is an existing violation of this chapter or any related
Town, county or state regulation governing either building construction
or the use of land and structures within the Town of Red Hook. This
limitation does not, however, prohibit such an approval, issuance
or grant with respect to a legal nonconforming use or legal noncomplying
structure.
[Added 4-13-1993 by L.L. No. 3-1993]
A. All applications of whatsoever kind and description
submitted to and pending before the Town's Zoning Board of Appeals
and/or Planning Board prior to February 9, 1993, shall be processed
under and decided pursuant to the applicable sections of the Zoning
Law of the Town of Red Hook in force and effect on and prior to February
9, 1993.
B. All building permits and/or other permits of whatsoever
kind and description issued by the Building Inspector on or before
February 9, 1993, shall be processed under and enforced pursuant to
the applicable sections of the Zoning Law of the Town of Red Hook
in force and effect on or prior to February 9, 1993.
[Added 7-11-1995 by L.L. No. 1-1995]
C. Any application that received conditional site plan and special permit
approval prior to May 30, 2018, shall be processed and enforced under
the applicable sections of the Zoning Law of the Town of Red Hook
in force and effect on and prior to May 30, 2018. This provision does
not exempt such projects from any future changes to the Zoning Law
unless otherwise specified.
[Added 4-24-2019 by L.L.
No. 4-2019]
D. Grandfathering of existing Light Industrial Uses in the RD3 Zoning
District. For the purposes of this section, uses in the RD3 Zoning
District described as "collecting the waters of a natural, free-flowing
spring and operating an associated bottling works" that are in operation
at the time of adoption of Local Law No. 5 of 2019 shall be deemed
a permitted use indefinitely but only to the extent the collection
of waters by such uses do not exceed 99,000 gallons per day and provided
that in all other respects the property where the use is located is
maintained in accordance with all applicable codes, ordinances, regulations
and other requirements, but shall not be expanded, restored, moved,
changed or reestablished except as specifically provided in this article.
Such use shall not be reestablished if such use has been discontinued
for any reason, whether through vacancy or cessation of use, irrespective
of the intent of the owner of the premises or any other person, for
a period of 18 calendar months or longer or has been changed to or
replaced by a conforming use for any period of time.
[Added 6-26-2019 by L.L.
No. 5-2019]