Town of East Fishkill, NY Districts

Editor's Note: L.L. No. 1-1988 also repealed the PRD District, added by L.L. No. 4-1980, but provided for continuation of regulations under L.L. No. 4-1980 for property previously placed in the PRD Zone.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:

Hopewell Junction Hamlet:

Route 82 between Mary Lane (east of County Route 29) and Palen Road (County Route 31).

Route 376 between Fishkill Road and Hopewell Hose Fire Company.

County Route 29 within 500 feet of the intersection with New York State Route 82.

Stormville Hamlet:

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.

Old Route 52 between County Route 216 and the right-of-way of the MetroNorth railroad.

Seaman Road 600 feet from the intersection with Old Route 52.

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.

Gayhead: New York State Route 52 from the Taconic State Parkway right-of-way to the intersection with Old State Road.

Arthursburg: New York State Route 82 north of the intersection of Cranberry Road.

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.

§ 194-4.2 District regulations.

[Added 6-25-2020 by L.L. No. 2-2020]

The following regulations and the accompanying Schedule of Permitted Uses and Schedule of Bulk Regulations state and define the permitted uses of land, buildings and structures and the minimum and maximum dimensional requirements to be met in connection with such uses for the districts established by this chapter.

§ 194-4.2.1 Hamlet Center District.

[Added 6-25-2020 by L.L. No. 2-2020]

Applicability. This section applies to all land parcels within the Hamlet Center District as established in Article III and shown on the official Zoning Map. A core hamlet zoning district that encompasses properties located generally on either side of Route 376 between the intersection of Route 376 and Route 82 and Route 376 and Fishkill Road and parcels along Route 82 from the Route 376 intersection to Orchard Place as well as parcels on the north side of Route 82 east of Orchard Place and on either side of Railroad Avenue.

Purpose. The purpose of the Hamlet Center District is to foster the development of a well-planned, compact, walkable hamlet center that features a mix of uses, including civic, commercial, service, institutional, residential, and recreational uses within close proximity to each other and to ensure that the design of buildings, sites, streets, and public spaces creates a place with a unique and positive local identity that provides opportunities for development to expand the town's economic diversity and vitality. The HC District shall:

Provide a cohesive mix of moderate-intensity residential, office, retail commercial, civic and institutional uses, including a mixture of uses in the same building in easy, safe walking distance of each other.

Exhibit the design features of traditional hamlet centers through the thoughtful placement of buildings and parking with respect to the street, by creating a safe separation between pedestrian and vehicular traffic, and by encouraging tree-lined streets, sidewalks, well-designed, appropriate and complementary architecture, increased landscaping, street furniture, public spaces, and greater integration of uses.

Provide an activity center that meets the everyday needs of residents and visitors where people can gather, reside, gain access to goods and services, work and conduct business throughout the day.

Enhance the overall character of the hamlet center by creating a clear sense of place with harmonious buildings, compatible building design and signage, streetscapes, walkways and plantings.

Promote a pedestrian-friendly environment in the hamlet center by providing new sidewalks, improving pedestrian connections, and encouraging streetscape improvements.

Encourage the growth of the local economy and jobs, including development of flexible space for small and emerging businesses.

Encourage pedestrian connections between the Hopewell Junction Hamlet and the rail trail.

Promote safe and well-organized vehicular circulation that minimizes the use and visual impact of cars.

(9)

Facilitate more efficient provision and maintenance of public services and infrastructure.

Conflicting provisions. Wherever there appears to be a conflict between this section and other requirements of the Zoning Code, the requirements specifically set forth in this section shall prevail. Standards found in other sections of the Zoning Code that do not conflict with standards in this section shall apply, unless this section states that they do not. The invalidity of any provision of this section shall not invalidate any other section or provisions thereof.

Nonconforming uses. A legal structure or site plan existing on June 25, 2020, that does not meet the use standards in the Hamlet Center District on or after June 25, 2020, is conforming and may be continued, renovated, repaired, or reconstructed if the floor area and footprint of the structure are not increased by more than 20% and until such time as the use is changed. Once the use of the structure or site is changed, the site must meet the use standards of the zoning district.

General nonresidential uses. Commercial uses in mixed-use buildings are only permitted on the ground floor and shall be of a nature and character that are compatible with residential uses (hours of operation, noise, parking, etc.) and are intended to offer shopping, eateries, office or professional services.

Outdoor dining. Restaurants shall be permitted to operate outdoor cafes on sidewalks and in other outdoor areas, provided that the site meets all New York State Building Code requirements and safe pedestrian circulation and building access is provided. Outdoor dining shall not result in any deleterious effect on the public health, safety or welfare, or negative effect on adjoining businesses shall occur.

To reduce the potential for noises' impacts to adjacent or nearby properties, outdoor dining hours shall be limited to between 8:00 a.m. and 9:00 p.m. Sunday through Thursday and 8:00 a.m. and 11:00 p.m. Friday and Saturday.

When the associated indoor establishment is not open or the outdoor dining establishment is not in daily use, all furnishings shall be removed daily from public property.

Permission to serve alcoholic beverages at outdoor dining establishments shall be contingent upon the applicant obtaining written approval from the New York State Liquor Authority to serve such alcoholic beverages at the location of the outdoor dining establishment. Proof of such permission must be provided to the Building Inspector prior to the issuance of any special permit. Additionally, all alcoholic beverages to be served at an outdoor dining establishment shall be prepared in the interior of the establishment.

The restaurant shall not serve food or beverage to a patron at an outdoor dining facility unless that patron is seated at a table.

Outdoor cabarets and outdoor dining establishments in conjunction with a cabaret are specifically prohibited.

Residential uses. Up to five residential dwelling units are permitted on upper floors of buildings with commercial (nonresidential) space on the ground-floor level. Existing commercial structures converted to include second-story apartments must also comply with the following:

The minimum floor area of each dwelling unit shall be:

Five hundred square feet for a studio apartment;

Seven hundred fifty square feet for a one-bedroom apartment; and

One thousand square feet for a two-bedroom apartment; and

There shall not be any commercial uses on or above a floor that contains dwelling units.

Existing conversions must provide all required off-street parking for the dwelling units as well as the ground-floor commercial space.

Existing conversions may be required to provide exterior property improvements as part of the site plan approval process, subject to site plan, landscaping, and architectural review.

Access to dwelling units above the street level must be provided from an enclosed lobby or corridor and stairwell. A person entering a dwelling unit from the ground floor must not pass through the use located on the first floor of the building. Unenclosed or partially enclosed exterior stairwells are prohibited.

Balconies for any apartments created shall be constructed to give privacy to those using them as well as to shield those users and their personal effects (e.g., air conditioners, furniture, satellite dishes, banners, etc.) from the street.

Building setbacks, height, and lot and building coverage.

Front. The minimum front yard setback shall be 10 feet but may be reduced to zero feet, at the discretion of the Planning Board. In no case shall the sidewalk width be less than five feet. If minimum setbacks cannot be achieved, the Planning Board has the discretion to modify these requirements.

Rear. The minimum rear setback is 15 feet except for parcels abutting a residential district which require 20 feet. If minimum setbacks cannot be achieved, the Planning Board has the discretion to modify these requirements.

Side. The minimum side yard setback is five feet but may be reduced to zero feet, at the discretion of the Planning Board, except where a business district abuts a residential district, there shall be a minimum side yard of 20 feet in the business district abutting the residential district. If minimum setbacks cannot be achieved, the Planning Board has the discretion to modify these requirements.

Lot coverage maximum: 90%.

Building coverage: 75% maximum.

Height: maximum of 2.5 stories and 35 feet.

Site design and landscaping.

Exterior mechanicals and refuse containers.

Exterior mechanical equipment, utility buildings, air compressors, transformers, meters or boxes, garbage cans, dumpsters, outdoor storage, loading areas, and similar shall be screened from view from streets and adjacent residential lots.

Shared use and storage of garbage dumpsters is encouraged.

Pedestrian access and circulation for the Hamlet Center District.

The development of any lot shall provide a minimum five-foot-wide sidewalk acceptable to the Planning Board along the road frontage of all parcels in the Hamlet Center District. Sidewalk designs shall meet or exceed any sidewalk standards adopted by the Town Highway Department. Sidewalks shall be constructed within the road right-of-way where possible.

Landscaping and street trees. Wherever possible, landscaping and street trees shall be planted between the street and the sidewalk at regular intervals within the street right-of-way parallel to the street along all streets. Street trees shall have a minimum caliper of 2.5 inches (measured at a height of 4.5 feet from ground level) at the time of planting. Spacing of street trees shall be determined by the species chosen, with the intent that street trees will form a complete canopy upon maturity.

§ 194-4.2.2 B-3 Mixed Use District.

[Added 6-25-2020 by L.L. No. 2-2020]

Applicability. The regulations contained in this section apply to all uses, unless otherwise specified, in the B-3 Mixed-Use District, a commercial zoning district that encompasses properties located generally on either side of Route 376 between Van Wyck Lane and the intersection of Route 376 and Hillside Lake Road (County Route 29).

Purpose.

Provide for a mixed-use arterial corridor zone that encourages retention of existing uses while facilitating new commercial and residential development opportunities. Preserve and enhance neighborhood shopping areas by improving walkability and providing the scale of development and range of uses, including commercial, retail, entertainment, and personal-service establishments that meet the needs of the surrounding area's residents, workers, and visitors.

Over time, gradually develop into a mixed-use, moderate-density residential and commercial area where people enjoy walking, shopping, working and living. The district is intended to promote gradual development and redevelopment of the commercial nodes on the Town's state highways and to transition away from the predominantly auto-oriented commercial development pattern found today.

Conflicting provisions. This section applies to all land parcels within the B-3 District as established in Article III and shown on the official Zoning Map. Wherever there appears to be a conflict between this section and other requirements of the Zoning Code, the requirements specifically set forth in this section shall prevail. Standards found in other sections of the Zoning Code that do not conflict with standards in this section shall apply, unless this section states that they do not. The invalidity of any provision of this section shall not invalidate any other section or provisions thereof.

General nonresidential uses. In a B-3 District, all uses shall be subject to site plan approval in accordance with Article VII of this chapter and the following special requirements:

Prohibited uses. The following uses are specifically prohibited from the B-3 District:

Contractor's yards and commercial vehicle storage yards;

Gas stations;

Automotive sales and automotive repair establishments;

Car wash;

Outdoor storage;

Adult uses.

Commercial uses. Commercial uses in mixed-use buildings are only permitted on the ground floor and shall be of a nature and character that are compatible with residential uses (hours of operation, noise, parking, etc.) and are intended to offer shopping, eateries, office or professional services.

The light industrial uses permitted in B-3 zones as shown on the Schedule of Permitted Uses may be permitted on any floor, but should not be mixed with residential uses in the same building.

Residential uses. Up to five residential dwelling units up to two bedrooms in size are permitted on upper floors of existing buildings with commercial (nonresidential) space on the ground-floor level. Existing commercial structures converted to include second-story apartments must also comply with the following:

The minimum floor area of each dwelling unit shall be:

Five hundred square feet for a studio apartment;

Seven hundred fifty square feet for a one-bedroom apartment; and

One thousand square feet for a two-bedroom apartment; and

There shall not be any commercial uses on or above a floor that contains dwelling units.

Existing conversions must provide all required off-street parking for the dwelling units as well as the ground-floor commercial space.

Existing conversions may be required to provide exterior property improvements as part of the site plan approval process, subject to site plan, landscaping, and architectural review.

The light industrial uses permitted in B-3 zones as shown on the Schedule of Permitted Uses may be permitted on any floor, but should not be mixed with residential uses in the same building.

Building setbacks, height, and lot and building coverage.

Front. The minimum front yard setback shall be 25 feet but may be reduced at the discretion of the Planning Board.

Rear. The minimum rear setback is 20 feet.

Side. The minimum side yard setback is 10 feet except where a business district abuts a residential district, there shall be a minimum side yard of 20 feet in the business district abutting the residential district.

Lot coverage maximum: 75%.

Building coverage: 50% maximum.

Height: maximum of 2.5 stories or 35 feet.

Site design and landscaping.

Exterior mechanicals and refuse containers.

Shared use and storage of garbage dumpsters is encouraged.

Pedestrian access and circulation.

The development of any lot shall consider pedestrian access and walkability. Wherever possible, a minimum five-foot-wide sidewalk and/or an equivalent acceptable to the Planning Board along the road frontage of all parcels in the B-3 district shall be provided. Sidewalk designs shall meet or exceed any sidewalk standards adopted by the Town Highway Department. Sidewalks shall be constructed within the road right-of-way where possible.

§ 194-4.2.3 Taconic Parkway Overlay District (TPOD).

[Added 6-24-2021 by L.L. No. 3-2021]

Purpose and intent. The TPOD is intended to appropriately manage and encourage orderly future mixed-use development in the commercial portions of the Route 52 corridor by providing for a range of uses and housing types that meet the needs of the Town while also providing suitable infrastructure and amenities such as sewer, water, sidewalks and road improvements that will support the development of the district as a walkable, emerging hamlet center. The purposes of the TPOD include:

To encourage and support new economic development in the Town while also providing for infrastructure improvements;

To encourage appropriate use, scale, setbacks, height, design and density that serves to transition from commercial to residential areas and enhance the public streetscape and pedestrian environment;

To encourage new types of residential communities that offer housing and services to the senior population;

To provide the community with a variety of housing styles and options and to provide residents with the ability to live in one's own community safely, independently, and comfortably, regardless of age, income, or ability levels.

To recognize and preserve the district's important water resources and natural features, including wetlands, a fen, and various streams and adjacent natural areas and forest land and incorporate these areas into the open space landscape of the hamlet, creating local recreational opportunities and contributing to a unique neighborhood character and destination.

Location. The TPOD shall be considered to be superimposed over any underlying zoning districts and shall apply to those parcels shown within the boundary of the TPOD as depicted on the map enclosed herein[1] and includes any parcels wholly or partially within the overlay zone which shall include land in the business districts located 500 feet east of Blue Hill Road and extending west to the Taconic State Parkway. Any land not mapped by the Town Board as part of this overlay district shall not be part of the district, and the map shall take priority over any conflicting language in this subsection.

Editor's Note: Said map is on file in the Town offices.

Design principles. The objective of the TOPD is to promote traditional hamlet-style design. New buildings should relate to the traditional architectural character consistent with those established, or to be established, in the TOPD and in accordance with that zoning district's development standards, as well as enhance the streetscape and develop aesthetic qualities that may not currently exist. Specifically, the design principles are intended to:

Provide a limited mix of primarily retail, service businesses and light commercial opportunities in the TPOD.

Encourage infill development and the reutilization of existing buildings.

Permit the construction of new buildings by the sidewalk and street edge (building line) to help promote walkability.

Promote pedestrian activity by proving a safe and walkable environment and pedestrian amenities.

Create a tree-lined corridor that is aesthetically pleasing.

Minimize the visual impact of the automobile by focusing site design on the central role of the building architecture, landscaping, and other softening amenities, and thereby manage the placement of parking areas, such as providing these in the rear of buildings and screening these from view from the street with landscaping, stone walls and site grading.

Encourage the development of shared parking between nearby uses.

Protect important natural and historic features.

Design standards.

Site standards.

Site development.

Multiple buildings and uses are permitted on a lot in the TOPD District.

Connections between parking lots situated to the rear and the retail frontage are desirable. Wherever practical, sidewalks and/or walkways should be available to enable pedestrians to safely move from parking located in the rear of the building to the street front, and, where applicable, through-store passages should also be provided.

The ground floor should reinforce retail continuity along specified street frontages. The frequency of store entrances along streets is important in maintaining retail continuity and viability. In new buildings, a maximum distance of 40 feet between individual store entrances is encouraged.

Nonresidential buildings shall have a maximum front yard setback of 20 feet, to encourage an interesting pedestrian environment.

Balconies, bay windows, cornice features, and open porches are encouraged and may extend up to five feet into the front yard setback.

Development density is predicated upon the provisions of safe and adequate on-site (on-lot) sanitary wastewater (septic) systems or public sewer systems.

New developments should make use of existing structures wherever possible and desirable, as determined necessary by the Planning Board. Rehabilitation of historic structures should be encouraged and conducted in conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

Street standards.

The street network should follow a generally rectilinear pattern. In addition, there should be conservation of the street layout as it connects to county and state roads in order to provide for access management.

Streets shall be designed to follow existing terrain as much as possible, to minimize earthmoving and disruption of the existing topography.

Streets shall minimize alteration of natural, cultural, or historic features.

Streets shall be aligned, where possible, so that the terminal vista is of civic buildings, greenway land (greens, commons, squares, or parks), or natural vistas or other visual amenities.

Streets shall promote ready and safe pedestrian movement, including pedestrian-through connections between streets using sidewalks and trails when culs-de-sac are proposed.

Streets shall be designed to calm traffic speeds, such as through the provision of complementary landscaping, including but not limited to street trees.

Streets shall intersect at right angles whenever possible, with preservation of adequate sight lines (triangles) at the intersection.

Concrete sidewalks required.

Sidewalks shall create a linked network of walkways connecting different uses, such as businesses and residences, with parks or open space.

Sidewalks shall be no less than five feet wide and shall be ADA-compliant.

Sidewalks shall be constructed of concrete or concrete with brick paver borders where possible.

Street landscaping.

Street tree landscaping shall be provided along both sides of streets.

There shall be one shade tree (minimum of three-inch caliper at four feet in height) provided per every 30 linear feet to 35 linear feet of street frontage. Existing street trees that are judged to be healthy or otherwise deserving of protection should be preserved to the maximum extent possible.

Street trees should be tolerant of heavy, wet snow, salt, and sand deposited with snow removal, and should be drought-tolerant.

Trees should cast moderate shade in summer and should be of a type that branches at least eight feet above ground level.

Property owners shall have responsibility for planting and maintaining trees along street frontage(s) within the Town's right-of-way.

Street lighting. Streetlights shall be no more than 10 feet to 15 feet in height and utilize a downward-facing fixture that channels light onto the street and sidewalk and should be located in such a manner as to prevent objectionable light and glare.

Driveways and parking.

Parking lots and garages shall be located to the rear of a building wherever possible.

In order to facilitate fewer curb cuts, shared driveways should be encouraged. Provisions satisfactory to the Planning Board shall be made with respect to the ownership, use, operation, and maintenance of all common driveways. Such responsibilities shall be documented in a legal instrument that assures the continued layout, maintenance, and upkeep of the common drive as intended by the owners and successors.

Driveways serving a mix of uses and two-way traffic should be 22 feet wide. The Planning Board may require a traffic analysis performed at the expense of the applicant to inform its decision.

Shared parking and landscaping shall be encouraged where feasible.

Site landscaping.

Required landscaping shall be permanently maintained in a healthy growing condition at all times by the property owner or its assign.

Site trees should be no smaller in diameter than three-inch caliper at four feet in height at the time of planting. The density of site trees shall be at the discretion of the Planning Board as determined necessary for screening and aesthetics.

Species shall be drought- and salt-tolerant, and there should be consideration of how to provide for the stockpiling of snow in relation to landscaping.

Site lighting.

All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare from spilling across property lines.

Exterior lighting should be architecturally compatible with the building style, material, and colors.

Driveway parking lot lights and other lights shall be 10 feet to 15 feet in height. Cutoff fixtures are preferred over cobra-type light fixtures and directional floodlights.

Accent or decorative lighting for buildings, walkways, and landscaping is encouraged but shall consist of incandescent bulbs of no more than 100 watts and shall be focused directly on the intended object.

Loading and delivery areas may be shared between nearby uses, and the requirements shall be determined by the Planning Board on a case-by-case basis.

Mechanical equipment, garbage containers, and electrical transformers should be concealed from public view on all sides by architectural elements and/or landscaping satisfactory to the Planning Board's approval.

(9)

Fencing and walls.

The design of fences and walls should be compatible with the architecture of the principal building(s) and should use similar materials.

All fences or walls 50 feet in length or longer and four feet in height or taller should be designed to minimize visual monotony by changing the plane, height, material, texture, or significant landscape massing.

Chain-link fencing is expressly prohibited in all front yards. When chain-link fences are used on side yards or rear yards, the fence shall be constructed of black vinyl-coated Schedule 40 pipe, and the chain-link fence shall be black vinyl-coated only.

(10)

Utilities. All new utilities shall be underground.

(11)

Architectural standards.

Design compatibility includes complementary building style, form, size, color, materials, and detailing. In reviewing projects, the Planning Board shall consider each of the following principal features contributing to the identity of buildings within the TOPD:

Size: the relationship of the project to the site.

Scale: the relationship of the building's various parts to each other.

Massing: the relationship of the building's various parts to each other.

Fenestration: the placement of windows and doors.

Rhythm: the relationship of fenestration, recesses, and projections.

Setback: the relation of a building setback to its immediate surroundings.

Materials: the compatibility with other buildings in the TOPD, particularly those with historical significance.

[8]

Context: the overall relationship of the project to its surrounds.

The following architectural design concepts are encouraged:

Architectural design should be sensitive to the historical and/or architectural character of surrounding buildings.

Multiple buildings on the same lot should be designed to create a cohesive visual relationship between the buildings.

Blank wall areas and long, uninterrupted rooflines shall be avoided and should exhibit more detail and elements appropriate for close-range pedestrian view. Building surfaces over 40 feet in length should be relieved with changes of wall plane (i.e., recesses and projections) that provide strong visual interest.

All sides of a building may have an impact on its surroundings and should be considered for treatment with an architectural finish. Architectural features, materials, windows, and articulation of a facade of a building should be continued on all sides visible from a street or public parking areas.

Building colors should be carefully chosen so that each building color complements that of its neighbors.

The scale of a building should be compatible with the surrounding buildings.

Pitched roofs with gables/dormers or symmetrically shaped parapet roofs are encouraged.

[8]

Consideration should be given to the height of cornice lines or other expression lines.

[9]

Where awnings are proposed, the use of canvas-type awnings on buildings is recommended to provide protection from sun, wind, and rain and to improve the aesthetics of the building exterior. Awning should be placed at a pedestrian scale, at a height of not more than 10 feet above ground level.

Split zoned parcels in the TPOD. Where a zoning district boundary line divides a lot or land, the district requirements on either side of the boundary may be construed, at the property owner's option, as extending up to 150 feet into the remaining portions of the property. Where a commercial district is extended into a residential district, a 100-foot setback shall be maintained between any commercial uses on the site and any adjoining residential parcel.

Permitted uses. Within the TPOD, all of the underlying land use district regulations remain in effect, except that the following new uses are permitted:

Assisted-living facilities. The following standards are established as the minimum/maximum requirements, as the case may be, but may be modified by the Planning Board where it is determined appropriate based upon consideration of particular circumstances of the individual application to satisfy the purposes and intent as set forth in Subsection A:

Assisted-living facilities meeting the following development standards shall be permitted within the mapped areas of the TPOD:

Shall be located wholly within the mapped areas of the TPOD; and

Minimum lot area for an assisted-living facility shall be 20 acres; and

Shall be connected to municipal sewer and water; and

Minimum dimensional requirements.

[a]

Maximum building height for ASL shall be 2.5 stories or 35 feet.

[b]

The minimum yard setbacks from all perimeter lot lines shall be 50 feet.

[c]

Minimum parking. Not less than one parking space shall be provided per dwelling unit.

[d]

Lot coverage shall be no more than 80% of the site.

[e]

Building coverage shall be no more than 25% of the site.

Supplemental development standards.

The following improvements would be required for any ASL facility located within the TPOD:

[a]

Installation of a turning lane at the intersection of Route 376 and Route 52.

[b]

Installation of a traffic light at Route 52 and Hosner Mountain Road.

[c]

Extension of municipal water and sewer to service the facility.

[d]

Installation of sidewalks along the project frontage to support the development of the corridor as a walkable, emerging hamlet center.

An area or areas for outdoor recreational purposes shall be set aside exclusively for the use of the occupants and their guests. These areas may include, but are not limited to, sitting areas and group game areas. Such areas shall be shown on the site plan. In addition, indoor recreational areas must also be provided. The indoor recreational area shall be central to the entire facility and may be either attached to a residential building or be in the form of a multipurpose community building or buildings with rooms sufficient to accommodate indoor recreational facilities, social gatherings, meetings, etc.

Ancillary commercial uses, including retail, professional office, personal-service establishments and restaurant uses, are permitted within the assisted-living building or as part of the assisted-living campus, provided that any one use does not exceed 5,000 square feet in size and total commercial uses within an assisted-living facility or campus do not exceed 15,000 square feet. Any commercial uses proposed within an assisted-living building shall be located on the first floor. Any stand-alone commercial buildings as part of an assisted-living campus shall be architecturally consistent with the assisted-living building and shall meet the bulk regulations of the underlying zoning with regards to setbacks. Parking requirements for commercial uses shall be calculated separately from the assisted-living requirements and shall be determined in conformance with the standards of the East Fishkill Zoning Code.

Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the development. When the method of disposing of trash and other solid wastes is by means of industrial-type receptacles (dumpsters), all such receptacles shall be located on permanent masonry platforms which shall be well distributed to serve the development. All receptacles shall be suitably enclosed on three sides by opaque screening.

Artificial lighting of the grounds shall provide illumination sufficient for the convenience and safety of the residents. However, such outdoor lighting shall not project light onto adjacent properties. No outdoor light source shall be mounted or erected more than 10 feet above the ground level underneath it.

Where full-time, twenty-four-hour superintendence services are not provided, a twenty-four-hour emergency phone number at which either managerial or maintenance personnel may be contacted shall be posted within each dwelling unit.

Medical and social service office space may be provided where the service to be rendered is exclusively for the benefit of the residents of the development only.

[8]

The determination of the need for screening buffers and fencing shall be made by the Planning Board in its site plan review, based on the characteristics of the site and the nature of adjacent lands.

[9]

Sidewalks shall be provided along all internal and external street frontages.

Mixed-use buildings. Residential uses may be allowed above commercial uses in the TPOD. Buildings in the TPOD District may include residential units as subordinate uses to primary ground floor commercial use subject to the following provisions:

Up to five residential dwelling units are permitted on upper floors of buildings with commercial (nonresidential) space on the ground floor level. Residential units shall not be located on the first floor of the building, and each apartment shall contain all services for safe and convenient habitation meeting the New York State fire, building, health and environmental codes.

Any buildings with residential units shall be connected to municipal sewer and water.

There shall not be any commercial uses on or above a floor that contains dwelling units.

Residential units shall not be permitted over an auto service station or establishments storing or retailing flammable or fume-producing goods.

Each residential unit shall be a separate dwelling unit with provisions for complete living, including sanitary and sleeping facilities for year-round use by one family.

Residential units shall have access to the outside of the building, which must be distinct from the access to uses on the first floor. Access to dwelling units above the street level must be provided from an enclosed lobby or corridor and stairwell. A person entering a dwelling unit from the ground floor must not pass through the use located on the first floor of the building. Unenclosed or partially enclosed exterior stairwells are prohibited.

Existing conversions must provide all required off-street parking for the dwelling units as well as the ground floor commercial space.

(h)

Existing buildings converted to mixed use with residential may be required to provide exterior property improvements as part of the site plan approval process, subject to site plan, landscaping, and architectural review.

(i)

(j)

The minimum floor area of each dwelling unit shall be:

Five hundred square feet for a studio apartment;

Seven hundred fifty square feet for a one-bedroom apartment; and

One thousand square feet for a two-bedroom apartment.

Neighborhood grocery store (up to 15,000 square feet).

Outdoor dining.

Restaurants shall be permitted to operate outdoor cafes on sidewalks and in other outdoor areas, provided that the site meets all New York State Building Code requirements and safe pedestrian circulation and building access is provided.

Outdoor dining shall not result in any deleterious effect on the public health, safety or welfare, or negative effect on adjoining businesses shall occur.

When the associated indoor establishment is not open or the outdoor dining establishment is not in daily use, all furnishings shall be removed daily from public property.

The restaurant shall not serve food or beverage to a patron at an outdoor dining facility unless that patron is seated at a table.

Outdoor cabarets and outdoor dining establishments in conjunction with a cabaret are specifically prohibited.

Prohibited uses. No building, structure, lot or land in the TPOD shall be used for any one or more of the following uses:

Any trade, industry or use which is noxious or offensive by reason of the emission of smoke, noise, gas, odor, dust, vibration, radiation or excessive light beyond the limits of its lot or by reason of generating excessive traffic with attendant hazards so as to be dangerous or prejudicial to the public health, safety, convenience or general welfare.

Any open storage of building materials, stone, lumber, coal, other fuels or other materials or products or parking of motorized or mechanized equipment.

Wholesale storage or warehouse building or sales of material at wholesale, other than by an office which maintains no wholesale stock on the premises.

Gas filling stations.

Auto sales.

Motor vehicle repair and paint shops.

Car wash.

Outdoor storage and/or sale of secondhand vehicles.

(9)

Outdoor wholesale or retail sales establishment.

(10)

Self-storage.

(11)

Contractors' yards.

§ 194-5 Zoning Map.

[Amended 4-27-1995 by L.L. No. 3-1995]

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]

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.

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]

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:

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.

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.

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.

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.

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.

Lots in two or more districts.

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:

The affected lot has frontage on a street in the more restricted district.

Conditions and safeguards are attached to such permit to protect existing or prospective development in the more restricted district.

Accessway to a business area across a property designated for residential use shall not be permitted.