[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.
