Town of Poughkeepsie, NY Zoning Districts; Zoning Map

The boundaries of said districts are hereby established as shown on the Zoning Map, Town of Poughkeepsie, which accompanies and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter.

The Zoning Map may be amended in the same manner as any other part of this chapter. Said map, indicating the latest amendments, shall be kept up-to-date in the office of the Town Clerk.

§ 210-12 District boundaries.

In determining the boundaries of districts shown on the map, the following rules shall apply:

Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets, alleys, parkways, waterways, the main track or tracks of railroads or such lines extended.

Where such boundaries are indicated as approximately following property lines, such lines shall be construed to be such boundaries.

Where a lot is divided by one or more zoning district lines, each portion of said lot and any building or land use established thereon shall comply with the regulations of the district in which it is located.

In all cases where a district boundary is located not farther than 15 feet away from a lot line of record, the boundary shall be construed to coincide with such line.

In all other cases, where not dimensioned, the location of boundaries shown on the map shall be determined by the use of the scale appearing thereon.

Any boundary shown extended into the Hudson River or Wappinger Creek shall be deemed to extend to the boundary of the Town, unless otherwise indicated.

§ 210-13 General regulations.

Following the effective date of this chapter, the district regulations and requirements prescribed for the various districts are thus established.

The regulations shall govern the use, height, bulk and/or percentage of lot coverage and, wherever specified, may govern the minimum habitable floor area of any dwelling unit and the use of any land.

The regulations shall govern the yards, open spaces, lot dimensions and area, off-street parking and loading facilities with all necessary passageways and driveways appurtenant thereto and, whenever specified, the screening and landscaping to be provided in connection with erection, alteration or moving of any building or the use of any land.

No yard or open space required in connection with any building or use shall be encroached upon, nor shall it be considered as providing a required open space for any other building on the same or any other lot.

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.

There shall not be more than one dwelling occupied on a lot except as specifically permitted elsewhere in this chapter or as set forth herein. Occupancy of a recreational vehicle on any lot where there exists an occupied dwelling in excess of 48 hours without a permit from the Town is prohibited. Occupancy shall be determined using the criteria set forth in the New York State Building Code. A temporary occupancy permit may be issued by the Building Inspector to allow occupancy of a recreational vehicle. A person desirous of obtaining a temporary occupancy permit must make an application to the Building Inspector and pay a filing fee for the application in the amount of $50. The applicant will have to successfully comply with all criteria imposed by the Building Inspector. Any temporary occupancy permit issued by the Building Inspector shall be good for a maximum period of 21 calendar days per year. In the event that a permit holder is desirous of extending the temporary occupancy permit, application may be made to the Building Inspector, who shall then make an additional inspection to ensure that all code requirements have been complied with. An additional fee of $50 shall be paid for an extension of the temporary occupancy permit,[1] but in no event is the Building Inspector authorized to extend the temporary occupancy permit for more than an additional 24 days, for a total permit period not to exceed 45 calendar days per year. In the event that a holder of a temporary occupancy permit is experiencing an extreme hardship situation and is desirous of keeping a recreational vehicle for a period of time beyond said forty-five-day time period, the permit holder may apply to the Town Board of the Town of Poughkeepsie for such approval. The Town Board shall have the ability to fix a per-diem fee for such use if the Town Board finds an extreme hardship situation. Violations of this action shall be deemed violations by the property owner and shall be punishable as set forth in Town Code § 210-145.

[1]

Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021, effective 1-1-2022, all fees will be in a Fee Schedule maintained in the Town offices, which fees may be amended from time to time by resolution.

Uses. Following the effective date of this chapter, any use not identified or listed as a permitted use in the district on which a proposed or exiting building(s) or lot(s) is located shall be deemed prohibited. No building or lot shall be used for any purpose or in any manner except in conformity the regulations, requirements and/or restrictions specified in this chapter for the district in which such building or lot is located. Where permitted uses are identified by generic words or descriptions, the Zoning Board of Appeals shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the Zoning Board of Appeals shall consider to what extent the proposed use is similar to the class of use indicated in the list of uses for the district.

Buildings. After the effective date of this chapter, no building shall be erected, moved, altered, rebuilt, enlarged, designed or arranged to be used for any purpose or in any manner except in conformity with the regulations, requirements and/or restrictions specified in this chapter for the district in which such building is located.

Lots. After the effective date of this chapter, no lot shall be built upon unless it is a buildable lot as defined herein. Additionally:

(1)

Any lot created after the effective date of this chapter shall have the minimum buildable area as defined in this chapter and shall be a buildable lot as defined herein.

(2)

All lots proposed for subdivision shall be configured to allow for the later addition of a deck and/or a porch without the need for a variance. The Planning Board is expressly authorized to require the reconfiguration of proposed lots and proposed boundary lines in order to give effect to this provision.

(3)

The creation or establishment of flag lots is prohibited.

Corner lots. Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.

Projections into required yards.

(1)

The following projections into required yards may be permitted:

(a)

Open fire escape: four feet into side or rear yards.

(b)

Awnings or canopies: six feet into any yard.

(c)

Cornices, eaves and other similar architectural features: three feet into any yard.

(d)

Chimneys: two feet into any yard.

(e)

Steps: six feet into any yard.

(f)

Handicapped: total exemption.

(2)

Any open or enclosed porch, deck, or carport shall be considered a part of the building in the determination of the size of the required yard or lot coverage and shall meet the same required setbacks as the principal structure. Unroofed paved terraces shall not be considered a part of the building.

(3)

Accessory uses not enclosed in a building may be located in a rear yard.

Height exceptions. District building and structure height regulations shall not apply to roof-mounted flagpoles; radio or television antennas, towers or cables; equipment shelters; spires or cupolas; chimneys; ventilators; skylights; elevator or stair bulkheads; equipment penthouses; parapets or railings; and water tanks or cooling towers, provided that such structures shall not extend more than 20 feet above the roof on which they are mounted, and such structures shall not block the solar access potential of adjacent lots.

[Amended 9-7-2011 by L.L. No. 21-2011; 11-2-2011 by L.L. No. 27-2011; 4-3-2013 by L.L. No. 8-2013]

Town Board reservation of authority. Where a conflict arises as to the jurisdiction of the Town Board, the Planning Board, the Zoning Board of Appeals, the Planning Department, the Building Department and/or the Zoning Enforcement Office in regard to enforcement of this chapter, the Town Board shall make a determination as to the appropriate agency in any given case.