Red Hook Town City Zoning Code
ARTICLE XII
Interpretation and Application
§ 143-144 Interpretation; conflict with other laws.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety or the general welfare. Whenever the requirements of this chapter are inconsistent with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the more restrictive provisions, or those imposing the higher standards, shall govern. This chapter expressly supersedes any inconsistent provisions of Town Law § 138 with respect to the powers and duties of the Zoning Enforcement Officer and Building Inspector as set forth herein.
§ 143-144.1 Greenway Connections.
[Added 11-14-2000 by L.L. No. 1-2000]
To implement Greenway Connections in the Town of Red Hook, the Town Zoning Law of the Town of Red Hook is hereby amended by the addition of the following provision as Section I.C.10. To promote and support implementation of the Hudson River Valley Greenway Communities Council's report entitled "Greenway Connections," as a Town land use, development and design guideline, to the extent applicable to the Town by Local Law No. 1 of the Year 2000, the Town of Red Hook 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, principles and guides. In its discretionary actions under this chapter, the reviewing agency should be guided by said statement of policies and guides where and whenever appropriate.
§ 143-145 Effect of existing violations.
No site plan or special use permit shall be approved and no building permit or certificate of occupancy issued or variance granted under this chapter pertaining to any premises upon which there is an existing violation of this chapter or any related Town, county or state regulation governing either building construction or the use of land and structures within the Town of Red Hook. This limitation does not, however, prohibit such an approval, issuance or grant with respect to a legal nonconforming use or legal noncomplying structure.
§ 143-146 Pending application and permits.
[Added 4-13-1993 by L.L. No. 3-1993]
A.
All applications of whatsoever kind and description submitted to and pending before the Town's Zoning Board of Appeals and/or Planning Board prior to February 9, 1993, shall be processed under and decided pursuant to the applicable sections of the Zoning Law of the Town of Red Hook in force and effect on and prior to February 9, 1993.
B.
All building permits and/or other permits of whatsoever kind and description issued by the Building Inspector on or before February 9, 1993, shall be processed under and enforced pursuant to the applicable sections of the Zoning Law of the Town of Red Hook in force and effect on or prior to February 9, 1993.
[Added 7-11-1995 by L.L. No. 1-1995]
C.
Any application that received conditional site plan and special permit approval prior to May 30, 2018, shall be processed and enforced under the applicable sections of the Zoning Law of the Town of Red Hook in force and effect on and prior to May 30, 2018. This provision does not exempt such projects from any future changes to the Zoning Law unless otherwise specified.
[Added 4-24-2019 by L.L. No. 4-2019]
D.
Grandfathering of existing Light Industrial Uses in the RD3 Zoning District. For the purposes of this section, uses in the RD3 Zoning District described as "collecting the waters of a natural, free-flowing spring and operating an associated bottling works" that are in operation at the time of adoption of Local Law No. 5 of 2019 shall be deemed a permitted use indefinitely but only to the extent the collection of waters by such uses do not exceed 99,000 gallons per day and provided that in all other respects the property where the use is located is maintained in accordance with all applicable codes, ordinances, regulations and other requirements, but shall not be expanded, restored, moved, changed or reestablished except as specifically provided in this article. Such use shall not be reestablished if such use has been discontinued for any reason, whether through vacancy or cessation of use, irrespective of the intent of the owner of the premises or any other person, for a period of 18 calendar months or longer or has been changed to or replaced by a conforming use for any period of time.
[Added 6-26-2019 by L.L. No. 5-2019]