This chapter shall be known and may be cited
as the "Zoning Law of the Town of Poughkeepsie, Dutchess County, New
York."
This chapter regulates and restricts the location,
construction, alteration and use of buildings and structures and the
development and use of land within the Town of Poughkeepsie and for
said purposes divides the Town into zoning districts.
A.
This Chapter 210 of the Town of Poughkeepsie Town Code is enacted pursuant to the authority and power granted by the Municipal Home Rule Law of the State of New York and the Town Law of the State of New York, in conformance with the 2007 Poughkeepsie Town Plan duly adopted by the Town Board. As stated herein, specific sections of Article 16 of the Town Law have been superseded by this chapter pursuant to the authority of § 10 of the Municipal Home Rule Law.
B.
This chapter is adopted to protect and promote the
health, safety, comfort, convenience, economy, aesthetics and general
welfare and for the following additional purposes:
(1)
To guide the future development of the Town in accordance
with the Town Plan of land use so that the Town may realize its potential
as a place to live and to work, with the most beneficial and convenient
relationships among the residential, commercial and industrial areas
within the Town and with due consideration to:
(a)
The character of the district and its peculiar
suitability for particular uses.
(b)
Existing conditions and trends in population,
economic activity, land use and building development.
(c)
Conserving the value of buildings and neighborhoods
by encouraging the most appropriate use of land throughout the Town.
(2)
To prevent the pollution of streams, ponds and all
other water resources, to prevent floods and to encourage the wise
use and sound management of natural resources throughout the Town
in order to preserve the integrity, stability and beauty of the community
and the value of the land.
(3)
To protect the character and the social and economic
stability of all parts of the Town and to enhance the appearance of
the Town as a whole by ensuring that all development shall be orderly
and beneficial to the Town, by eliminating inappropriate and poor
quality design in the exterior appearance of structures and by controlling
the erection and maintenance of signs throughout the Town.
(4)
To protect residential areas and to provide privacy
for families by the preservation of such areas from, among others,
the visual intrusion of nonresidential uses and, wherever reasonable,
by the elimination of nonconforming uses which exert a deleterious
influence on their surroundings.
(5)
To facilitate the adequate provision of transportation,
water, sewage, schools, parks and other public requirements.
(6)
To make provision for access to sunlight and the accommodation
of solar energy systems and equipment and other alternative energy
systems.
If any part of this chapter is declared to be
invalid by any court of competent jurisdiction, such decision shall
not affect or impair the validity of said chapter as a whole, or any
other part of said chapter. The Town Board hereby declares that it
would have adopted this chapter and each part thereof irrespective
of the fact that any one or more of the parts may be declared invalid.
To the extent that this chapter is inconsistent
with Town Law §§ 261-b, 261-c, 265-a, 267-a, 274-a,
274-b, 276, 277, 278 or any other provision of Article 16 of the Town
Law, the provisions of this chapter are expressly intended to and
do hereby supersede any such inconsistent provisions.
This chapter, together with the Zoning Map,
shall take effect upon filing with the Secretary of State.
