Poughkeepsie City Zoning Code
ARTICLE XV
Miscellaneous Provisions
§ 210-158 Conflicting standards; greater restrictions to prevail.
Where this chapter requires a greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or otherwise imposes greater restrictions than required by any other statute, bylaw, ordinance or regulation, the provisions of this chapter shall govern. Where the provisions of any other statute, bylaw, ordinance or regulation requires a greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or otherwise imposes greater restrictions than are required by this chapter, the provisions of such statute, bylaw, ordinance or regulation shall govern. Where the provisions of this chapter provide conflicting restrictions or requirements, the provisions which imposes the greater restriction shall govern.
§ 210-159 Greenway connections.
By Local Law No. 14-2000 of the Year 2000, the Town of Poughkeepsie has adopted "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities," as amended from time to time, as a statement of land use policies, principals, and guides to supplement other established land use policies of the Town. In its consideration of any discretionary action(s) under this chapter, all agencies and departments of the Town should take into account said statement of polices, principles and guides, as appropriate. Adoption of the Greenway Connections is not intended, and shall not be construed, so as to:
A.
Limit the Town's home rule authority pursuant to the Municipal Home Rule Law; or
B.
Authorize any other local, county, or state agency or department to supersede the Town authority under this chapter or any other chapter of the Town of Poughkeepsie Town Code; or
C.
Prevent the Town, in its sole discretion, from adopting a local law at a later date for the purpose of withdrawing, in whole or in part, from the Greenway Compact or Greenway Connections.
§ 210-160 Exemptions.
[Amended 7-7-2010 by L.L. No. 15-2010]
A.
Filed subdivision plats. The construction of a single-family dwelling on a residential building lot created pursuant to a subdivision approval by the Planning Board prior to September 27, 2007, and which is depicted on a plat filed in the Office of the Dutchess County Clerk prior to September 27, 2007, may proceed without the need for area variances despite the failure of said dwelling, as located on the lot, to meet the minimum setback and bulk requirements of the zoning district in which said lot is located, provided:
(1)
Said subdivision has not been abandoned;
(2)
The boundary lines of the lot on which the dwelling is to be constructed have not, subsequent to the initial filing of the plat, been altered or amended;
(3)
There are no violations in regard to such lot; and
(4)
The location of the dwelling on the lot would comply with the minimum yard requirements of the zoning law in effect for the lot and the subdivision at the time of Planning Board subdivision approval.
B.
For the purpose of this section only, and to the extent that this section is inconsistent with Town Law §§ 265-a, 274-a, 277 or any other provision of Article 16 of the Town Law, the provisions of this chapter are expressly intended to and do hereby supersede any such inconsistent provisions.