The Town of Poughkeepsie is hereby divided into
the classes of districts listed below:
A.
Residential districts:
(1)
Residence, Single-Family 4 Acre (R-4A).
(2)
Residence, Single-Family 2 Acre (R-2A).
(3)
Residence, Single-Family 1.5 Acre (1.5A).
(4)
Residence, Single-Family 20,000 Square Foot (R-20,000).
(5)
Residence, Multifamily (R-M).
(6)
Residence, New Hamburg (R-NH).
(7)
Residence, Mobile Home (R-MH).
(8)
Senior
Housing Overlay District (SHOD).
[Added 9-24-2008 by L.L. No. 20-2008]
B.
Center and hamlet districts:
(1)
Arlington Town Center (ATC).
(2)
South Hills Center (SHC).
(3)
Fairview Center: (FC).
(4)
Salt Point Center (SPC).
(5)
Crown Heights Center Overlay (CHCO).
(6)
Crown Heights Center Extended Overlay District [CHCO
(EO)].
(7)
Macdonnell Heights Center (MHC).
(8)
Rochdale Road Hamlet (RRH).
(9)
Red Oaks Mill Neighborhood Services Center (ROMNSC).
(10)
Historic Revitalization Development District
(HRDD).
A.
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.
B.
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.
In determining the boundaries of districts shown
on the map, the following rules shall apply:
A.
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.
B.
Where such boundaries are indicated as approximately
following property lines, such lines shall be construed to be such
boundaries.
C.
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.
D.
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.
E.
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.
F.
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.
Following the effective date of this chapter,
the district regulations and requirements prescribed for the various
districts are thus established.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Corner lots. Wherever a side or rear yard is adjacent
to a street, the standards for front yards shall apply.
J.
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.
K.
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]
L.
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.
