Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Town of East Fishkill, NY
Dutchess County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Town Board of the Town of East Fishkill 3-28-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
Zoning — See Ch. 194.
Elderly cottage housing opportunity as an accessory use in all residential zones under the following conditions:
A permit is required to create an "intergenerational elderly cottage housing opportunity (ECHO)" unit, a transitional, detached, mobile, accessory dwelling for an elderly relative of occupants of the principal single-family dwelling, for which a permit will be issued by the Zoning Administrator, subject to the following provisions:
The height of the unit shall not exceed one story or 15 feet.
The floor area of the unit shall not exceed 600 square feet.
The design of the unit shall resemble a cottage, and be neutral in appearance and tastefully screened and skirted with stairs and porch or ramp. The unit shall be in keeping with the general character of the neighborhood and be neutral in appearance.
Side and rear yard setbacks as those required for a principal dwelling in all zones. Where practical the unit will be in the rear yard. The unit shall not be allowed in the front yard and only one unit per lot.
No variance as to lot size will be allowable. The lot must contain the minimum required for the Zoning District where the property is located. The unit must be in the rear yard, and the Zoning Board may modify this provision, but in no event will it be placed in the front yard.
[Added 10-24-2013 by L.L. No. 8-2013]
Maximum lot coverage by buildings shall not exceed 20% in all residential zones.
The number of occupants in the ECHO unit shall be limited to two persons, the eligible person and his/her spouse.
ECHO units shall be located on residential properties in residential zoning districts designed primarily for single-family dwelling units on individual lots, excluding lots with multifamily or attached or semidetached units. One ECHO unit shall be permitted per residentially zoned lot, provided the proposed ECHO unit complies with the standards in this section. At least one of the owners of the principal single-family dwelling must live in one of the dwelling units on the lot. The lot must contain the minimum square feet required by the Zoning District.
The resident of the ECHO unit shall be: a) infirm, handicapped; b) over 60 years of age; and c) shall be related by blood, marriage or adoption to the owner of the primary single-family dwelling. A physician's certification shall verify the need of the occupant for living assistance.
The applicant shall submit all information required for the issuance of the permit, as outlined in this chapter and listed below. The permit shall be issued to the owner of the principal single-family dwelling on the lot and shall specify by name the occupant of the ECHO unit. The following information must be provided to the Zoning Administrator:
Application form.
Proof of age of ECHO unit occupant.
Proof of familial relationship between ECHO occupant and the occupant of the primary residence.
Physician's certification indicating living assistance is required for the ECHO unit occupant.
Plot plan showing location of ECHO unit on lot, parking, setbacks, utilities, proposed screening, facade color, skirting and other details that may be needed.
Proof of notification of all neighboring property owners. (See Subsection D below).
Editor's Note: Former Subsection A(9)(g) was repealed 10-24-2013 by L.L. No. 8-2013, which local law also provided that units may be owned or leased.
Other site specific documentation that may be required by the Zoning Administrator.
The permit shall be reviewed annually by the Zoning Administrator. The lessor of the ECHO unit must annually update the application and supporting documents as needed and reconfirm that the occupant of the ECHO unit meets the permit requirements and that the unit is being maintained appropriately. Failure to comply with this renewal provision or with continuance of the provisions of this section shall result in the permit becoming null and void.
The permit shall terminate upon the death of or permanent change of residence of the original inhabitant of the ECHO unit. The ECHO unit shall be removed and the site restored within 90 days (weather permitting).
Upon submission of an application under this section, the applicant shall submit proof to the satisfaction of the Zoning Administrator in the form of a certified letter or signatures of neighboring property owners on the application, that the adjoining property owners consent to the application or have been given 25 days notice of it.
The applicant shall either discontinue the use of one bedroom within the residence on the lot or obtain Department of Health approval for an additional bedroom. The utilities serving the ECHO unit must be connected through the primary residence.
[Amended 10-24-2013 by L.L. No. 8-2013]
The structure will meet the requirements of ANSI-A1195.5 or HUD codes as a minimum and all applicable parts of the New York State Uniform Building Code. The unit must be handicap accessible throughout.
[Amended 10-24-2013 by L.L. No. 8-2013]
A performance bond in the amount of $15,000 will be posted to ensure the removal of the unit once the qualifying person no longer resides in the unit.
The decision of the Zoning Administrator made hereunder may be appealed to the Zoning Board of Appeals which may vary any standard herein.
Units are allowed in R-1 and greater residential districts only.