A.
In order to fulfill the purposes of this chapter, the Town of Kinderhook
establishes and is hereby divided into the following nine zoning districts
for the following purposes:
|
R-2
|
Residential. The purpose of this land use district is to allow
low-density residential uses in rural areas where the land has already
been largely subdivided and fragmented, making the landscape less
conducive to long-term agricultural use.
| |
|
AR
|
Agriculture and Residential. The purpose of this land use district
is to promote environmental quality and agricultural and open space
uses by discouraging large-scale residential development and commercial
development that conflict with environmental quality and agricultural
uses, while allowing a variety of new agribusinesses that complement
existing farms and residential uses.
| |
|
H
|
Hamlet. The purpose of this land use district is to maintain
the traditional character of the hamlet-type development in Niverville.
| |
|
R-3
|
Agriculture and Low Density Residential. The purpose of this
land use district is to promote agriculture and to allow low-density
residential uses and open space, especially that along major transportation
routes in the Town.
| |
|
B-1
|
General Business. The purpose of this land use district is to
allow commercial uses that are not compatible with village or hamlet
commercial areas. These areas are intended for small business development.
The business district also functions as a transition district between
the more intensive villages or developed areas and the rural land
uses surrounding them, to allow multifamily and mixed uses to enhance
affordable housing and to enhance commercial developments built in
the traditional, more compact style.
| |
|
B-1A
|
Low Traffic General Business District. The purposes of this
district are identical to the B-1 Zone, with the following exception:
New commercial development is restricted to low traffic volume uses.
The goal is to limit traffic problems associated with suburban sprawl
along the highway in this transitional area between commercial, agricultural
and residential zones.
| |
|
I-1
|
Light Industrial. The purpose of this land use district is to
allow light industry, warehouse, and research facilities. This area
may also include other limited commercial development intended to
support the primary uses.
| |
|
FP
|
Floodplain. This district incorporates the Town's existing
floodplain protection regulations and reflects boundaries delineated
by the United States Department of Interior, Geologic Survey, United
States Department of Housing and Urban Development, and the Federal
Insurance Administration.
| |
|
MHP
|
Mobile Home Park. The purpose of this district is to promote
the health, safety, protection and general welfare of residents of
the Town who live in mobile homes. The Town desires to balance the
need for affordable housing with the need to maintain the attractive
appearance of the area.
|
B.
In addition to the above land use districts, the following overlay
districts are established:
|
MFO
|
Multifamily Overlay. The purpose of this overlay district is
to provide for multifamily developments, including duplexes, townhouses,
condominiums, and apartments.
| |
|
PFO
|
Prime Farmland Overlay. The purpose of this overlay district
is to promote agricultural uses, protect prime production soils, and
to prevent nonagricultural uses from negatively impacting continuation
of farming as the primary use.
| |
|
HO
|
Heritage Overlay. The purpose of this overlay district is to
protect important historical areas in the Town.
| |
|
EAO
|
Environmental Area Overlay. The purpose of this overlay district
is to protect important environmental areas in the Town, including
aquifer recharge and wellhead locations, wetlands less than 12.4 acres,
or other identified areas.
|
The location and boundaries of said zoning districts are shown
on the map entitled "Zoning Map," certified by the Town Clerk as adopted.
Said map, together with everything shown thereon and all overlay maps
and amendments thereto, is hereby adopted and is declared to be an
appurtenant part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Town
offices.
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the Zoning 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 and aqueducts or watercourses, said boundaries shall
be construed to be coincident with such lines. Such boundaries shall
be deemed to be automatically moved if a center line or right-of-way
line of such street, highway, public utility easement, aqueduct or
watercourse is moved a maximum distance of 50 feet.
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 Zoning Map or as shall be determined by the use of the scale
shown on the Zoning Map.
D.
Where a district boundary line divides a lot in single or joint ownership
of record at the time such line is established, the regulations for
the more restricted portion of such lot shall apply to the entire
parcel if 50% or more of the entire parcel is included in the more
restricted zone.
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.
Except as hereinafter provided:
A.
No land or building shall hereafter be used, occupied, erected, moved
or altered unless in conformity with the regulations hereinafter specified
for the district in which it is located.
B.
No building shall hereafter be erected or altered to exceed the maximum
height, to occupy a greater percentage of lot area, to accommodate
or house a greater number of families, to have a narrower or smaller
front yard, rear yard, side yard or other open space or to have smaller
lot sizes, except for those in an approved conservation subdivision
or when a density bonus is allowed for the provision of senior housing,
than is required for the district in which such building is located.
C.
No part of a yard or other open space required about any building
shall be included as part of a yard or other open space similarly
required for another building except for those in an approved conservation
subdivision.
D.
No off-street parking or loading space shall be so reduced in area
that it does not meet the requirements of this chapter.
