Kinderhook City Zoning Code
ARTICLE II
Establishment of Districts
§ 250-3 Designation of districts; purpose.
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. |
§ 250-4 Zoning Map.
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.
§ 250-5 Interpretation of district boundaries.
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.
§ 250-6 Conformity with regulations.
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.