[1]
Editor's Note: An ordinance adopted 2-20-1979 amended the Code by enacting new zoning provisions designated as Ch. 19 and set forth herein, as amended. In order to facilitate future amendment, the numbering system used in the ordinance has been maintained, except that repetitious subsection prefixes have been deleted. Subsequent to this codification, amending ordinances will be parenthetically cited following the affected section. Section 19-11.2 of this chapter provides for the repeal of the former Zoning Ordinance, Ch. 19, which had been derived from an ordinance adopted 3-2-1953, and amended by legislation pertinent thereto as set forth in the Disposition List at the end of this volume.
This Chapter shall be known as the "City of Poughkeepsie Comprehensive Land Use and Zoning Ordinance" and may be cited as the "1979 City of Poughkeepsie Zoning Ordinance."
There is hereby established a Comprehensive Zoning Chapter for the City of Poughkeepsie which is based on the Comprehensive Plan for the City adopted by the Common Council. Said chapter is adopted for the purposes set forth in Subdivisions 24 and 25 of § 20 of the General City Law, which, in the interest of the protection and promotion of the public health, safety and general welfare, shall be deemed specifically to include the following, among others:
(1) 
The continued viability and improvement of the City's residential environment and economy and the assurance of adequate and necessary sites for a full range of residential, industrial, commercial, recreational, open space and public and quasi-public uses reflecting local and appropriate regional needs.
(2) 
The facilitation of the efficient, economic and adequate provision of streets, utilities and other public facilities and services.
(3) 
The prevention and reduction of traffic congestion, so as to promote efficient and safe circulation of vehicles and pedestrians.
(4) 
The maximum protection of residential and nonresidential areas from the intrusion of incompatible land uses, from traffic congestion and from environmental pollution, including the provision of adequate light and air and from threats to the safety of persons or property.
(5) 
Preservation of the City's historic heritage and in particular the protection of historic buildings, sites and their environs.
(6) 
The timely elimination of blight and undesirable nonconforming uses.
(7) 
The enhancement of the appearance of the City of Poughkeepsie, particularly in terms of scale and design.
(8) 
The encouragement of flexibility in the design and development of land and buildings in such a way as to promote the most appropriate use of lands, to facilitate more economic provision of streets and utilities and to enhance and protect the quality of the natural and built environment of the City.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that when this chapter imposes a greater restriction on the use of buildings or land or on the heights of buildings or requires larger open spaces or imposes any higher standards than are imposed or required by any other statute, law, ordinance, rule, regulation or by any easement, covenant or agreement, the provisions of this chapter shall control. Where the requirements of this chapter differ from the requirements of another statute, law, ordinance, rule or regulation or other government agency, the more restrictive shall govern.
[L.L. No. 1-2002, § 1]
(a) 
Pursuant to the provisions of § 44-0119 of the Environmental Conservation Law of the State of New York, the City of Poughkeepsie hereby adopts as a statement of land use policies, principles and guides the document entitled "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities" dated March 8, 2000 (hereinafter referred to as Greenway Connections), by which action the City of Poughkeepsie becomes a participating community in the Greenway Compact.
(b) 
Proposals to amend Greenway Connections may from time to time be made by the Hudson River Valley Greenway Communities Council (hereinafter referred to as "Greenway Council") in response to requests from participating communities. Within 90 days of receipt of any such proposal from the Greenway Council, the Common Council shall determine by resolution whether to accept or to reject such proposed amendment. Any proposed amendment so accepted shall be considered an amendment of Greenway Connections as adopted by the City of Poughkeepsie. Any proposed amendment rejected by the Common Council will not be considered to be an amendment of Greenway Connections for the City of Poughkeepsie, and notice of such rejection shall promptly be provided to the Greenway Council. Failure of the Common Council to accept such proposed amendment shall be deemed a rejection thereof.
(c) 
It is the stated policy of the Common Council of the City of Poughkeepsie that when the City considers future enactments or amendments of its land use laws, rules or regulations, the Common Council shall consider the statement of land use policies, principles and guidelines contained in the Greenway Connections in its deliberative process, and the Common Council shall, prior to enacting such land use law, rule or regulation, make a finding that such law, rule or regulation is consistent with the land use policies, principles and guidelines contained in Greenway Connections to the extent the Common Council deems appropriate. All determinations made hereunder shall be deemed legislative decisions within the Common Council's legislative discretion.
(d) 
The Common Council hereby finds that any City reviewing board, including but not limited to the Planning Board and Zoning Board of Appeals, in its deliberations on any discretionary actions under this chapter, shall consider the statement of policies, principles and guidelines, Greenway Connections, as such reviewing board deems appropriate and relevant in its determinations on such discretionary decisions.