Town of East Fishkill, NY
Dutchess County
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§ 194-4 Designation of districts.

[Amended 6-14-1979 by L.L. No. 4-1979; 3-28-1985 by L.L. No. 2-1985; 5-12-1988 by L.L. No. 1-1988[1]; 8-22-1996 by L.L. No. 7-1996; 9-26-2000 by L.L. No. 5-2000; 11-14-2002 by L.L. No. 4-2002; 11-14-2002 by L.L. No. 11-2002; 6-28-2012 by L.L. No. 3-2012]
The Town of East Fishkill is hereby divided into the following types of districts:
Residential Districts
  R-3 District
  R-2 District
  R-1 District
  R-1/2 District
  R-1/3 District
  R-1/4 District
Special Residential Districts
  CRD (Conservation Residential District)
  AFO (Active Farm Overlay District)
Commercial and Business Zones
  B-1 District: General Business
  B-2 District: Central Business
  PCP District: Planned Commercial Park
  PRDP District: Planned Research and Development Park
Industrial Districts
  I-1 District: Light Industrial
  I-2 District: Heavy Industrial
  I-3 District: Light Industrial/Retail
  I-1-S District: Light Industrial
Transitional Districts
B-1A District
[1]:
Editor's Note: L.L. No. 1-1988 also repealed the PRD District, added by L.L. No. 4-1980, but provided for continuation of regulations under L.L. No. 4-1980 for property previously placed in the PRD Zone.

§ 194-4.1 Hamlet designations.

[Added 11-14-2002 by L.L. No. 9-2002; amended 11-14-2002 by L.L. No. 11-2002]
The following areas are designated as "hamlet areas." These are local neighborhood areas which serve the residents of the several sections of the Town with local services and neighborhood business uses. They are also areas where pedestrian/bicycle transportation between and among uses is to be encouraged. These areas include the following:
A. 
Hopewell Junction Hamlet:
(1) 
Route 82 between Mary Lane (east of County Route 29) and Palen Road (County Route 31).
(2) 
Route 376 between Fishkill Road and Hopewell Hose Fire Company.
(3) 
County Route 29 within 500 feet of the intersection with New York State Route 82.
B. 
Stormville Hamlet:
(1) 
County Route 216: 1/2 mile north from the intersection with Old Route 52 and 1,000 feet west from the intersection with Old Route 52.
(2) 
Old Route 52 between County Route 216 and the right-of-way of the MetroNorth railroad.
(3) 
Seaman Road 600 feet from the intersection with Old Route 52.
C. 
Fishkill Plains: Route 376 west of the intersection with Hillside Lake Road (County Route 29) and properties adjacent to the intersection of Route 376 and CR 29.
D. 
Gayhead: New York State Route 52 from the Taconic State Parkway right-of-way to the intersection with Old State Road.
E. 
Arthursburg: New York State Route 82 north of the intersection of Cranberry Road.
F. 
Pecksville: New York State Route 52 from the intersection of Stormville Mountain Road to a point 800 feet south of the intersection of Peckslip Road and NYS 52.

§ 194-5 Zoning Map.

[Amended 4-27-1995 by L.L. No. 3-1995]
A. 
Said districts are bounded as shown on a map entitled "Town of East Fishkill Zoning Map," which map is on file in the Town Clerk's office.
[Amended 6-14-2001 by L.L. No. 3-2001]
B. 
Pursuant to Town Law § 264, the Town Clerk shall maintain a separate file for this Zoning Map, and said file shall be available at any time during the regular business hours for public inspection.
C. 
The Town Board may also make available to the public for purchase copies of these maps.
[Amended 6-14-2001 by L.L. No. 3-2001]
D. 
The Zoning Map shall be amended, from time to time, to depict subsequent zoning amendments which modify the Town Zoning Map.

§ 194-6 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. 
Along center lines of roads. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets or highways, such center lines shall be construed to be such boundaries.
B. 
Along lot lines. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
C. 
Parallel to center lines or right-of-way lines. Where district boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets or highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
D. 
Along railroad lines. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.
E. 
Watercourses. Where the boundary of a district follows an internal stream, lake or other body of water, said boundary line shall be deemed to follow the center line thereof. Where the boundary of a district follows an external stream, lake or other body of water located along the town boundary, said district line shall be deemed to follow the line of jurisdiction of the town.
F. 
Lots in two or more districts.
(1) 
Where a lot in one ownership of record at the time of the adoption of this chapter is divided by one or more district boundary lines, the Board of Appeals may permit a limited extension of a use or structure into the more restricted portion of the affected lot, provided that:
(a) 
The affected lot has frontage on a street in the more restricted district.
(b) 
Conditions and safeguards are attached to such permit to protect existing or prospective development in the more restricted district.
(c) 
Accessway to a business area across a property designated for residential use shall not be permitted.
(2) 
If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.