The following regulations shall apply in all
zoning districts.
[Amended 8-17-2009 by L.L. No. 24-2009]
Every building or structure hereafter erected,
constructed, reconstructed or moved and every use hereafter established
shall be located on a lot as defined herein.
[Amended 3-4-2013 by L.L. No. 2-2013]
A.
No new
lot shall be created unless the Planning Board has found that the
lot provides sufficient frontage to permit the creation of an access
drive which is of sufficient width for access by emergency vehicles
except that no frontage shall be smaller than 25 feet.
B.
No permit
shall be issued for any land use or structure unless the lot upon
which such land use is to be established or structure is to be built
has frontage on a street or highway, as defined herein, sufficient
to provide for emergency access, which street frontage provides the
actual access to such land use or structure and which street or highway
shall have been suitably improved to the satisfaction of the Planning
Board or a performance bond posted therefor as provided in §
7-736, Subdivision 2, of the Village Law.
C.
A variance
from the requirements of this section may be sought in accordance
with § 7-736 of the Village Law.
No yard or other open space provided about any
building for the purpose of complying with the provisions of these
regulations shall be included as any part of the yard or open space
for any other building. No yard or other open space on one lot shall
be considered as a yard or open space for a building on any other
lot.
Where a lot is formed hereafter from part of
a lot already occupied by a building, such separation shall be effected
in such manner as not to impair conformity with any of the requirements
of this chapter with respect to the existing building and all yards
and other required spaces in connection therewith, and no permit shall
be issued for the establishment of a land use or the erection of a
building on the new lot thus created unless it complies with all the
provisions of this chapter.
Where a question exists as to the proper application
of any of the requirements of this chapter to a particular lot or
parcel because of the peculiar or irregular shape of the lot or parcel,
the Board of Appeals shall determine how the requirements shall be
applied.
[Amended 12-4-1996 by L.L. No. 9-1996]
A permit may be issued for the erection of a
building for a permitted use on a lot for which a valid conveyance
has been recorded prior to the adoption of this chapter, notwithstanding
that the area or dimensions of such lot are less than that required
for the district in which such lot lies, provided that:
A.
All yard setbacks and other requirements which are
in effect at the time of the obtaining of said permit are complied
with.
B.
The owner shall not own sufficient continuous land
to make a conforming lot.
C.
If used for a dwelling, the lot shall contain a minimum
area of 10,000 square feet.
[Amended 8-17-2009 by L.L. No. 24-2009]
E.
Such substandard lot shall not be formed in violation
of an existing ordinance or local law.
All lots underwater or subject to flooding shall be subject to the requirements for flood-prone areas as provided in Article IX of this chapter. No more than 25% of the minimum area requirement of a lot may be fulfilled by land which is underwater or subject to periodic flooding. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.
In determining compliance with minimum lot area
and shape requirements of this chapter, the following shall apply:
A.
Land subject to easements for drainage facilities
and underground public utilities may be included, but street or highway,
easement for vehicular access, private right-of-way for vehicles or
easement for aboveground utility transmission lines may not be included.
B.
Land in a zoning district having a higher lot area
requirement shall not be used to satisfy a lot area requirement in
a zoning district having a lesser lot area requirement; and land in
a residence district shall not be used to satisfy a lot area requirement
in any other district.
No building permit shall be issued for the construction of any permitted principal or accessory use in any district within 50 feet of normal water edge of the main and tributary branches of Fishkill Creek or within the regulatory floodway as defined by § 171-67 of this chapter.
The following features may extend into any required
yard not to exceed the distance specified, but no fire escape on a
dwelling converted to or used for multifamily occupancy shall be constructed
on the front side thereof which faces on a street.
A.
Cornices, canopies, eaves or any similar features,
none of which is less than 10 feet above ground: two feet six inches.
B.
Open fire escapes: four feet.
C.
A chimney: one foot six inches.
D.
Terrace or uncovered porch with its floor level no
higher than that of the entrance to the building: six feet.
[Added 4-20-2009 by L.L. No. 10-2009]
General provisions. Fences and walls erected,
constructed, or reconstructed after the effective date of this section
shall be subject to the following construction regulations:
A.
Fences and walls of more than 36 inches in height
shall require a building permit.
B.
The height of fences and walls shall be measured from
the lowest adjoining finished grade, except where used to comply with
screening requirements for parking, loading, storage and similar areas.
C.
Fences and walls may be built up to, but not on, the
property line and must be located entirely on the property of the
person constructing the fence or wall. In cases where the fence or
wall is built up to the property line, the type of fence or wall will
be such as to not require maintenance on the side abutting adjacent
property. Otherwise, a two-foot setback is required to provide for
routine maintenance and a gate to provide access.
D.
The finished side of the fence shall face neighboring
properties or the street.
E.
Fences and walls shall not encroach on any public
right-of-way.
F.
The owner of the fence or wall must maintain both
sides of the fence or wall in reasonably good condition.
G.
The height of fences and walls located within a corner
lot or curb cut sight triangle shall not exceed 36 inches above the
lowest adjoining finished grade.
H.
The height of fences and walls shall not exceed four
feet in front yards, six feet in side yards, and six feet in rear
yards.
I.
The design and use of materials for fences and walls
should be compatible with the architecture of the principal building.
Use of chain link and vinyl fencing is discouraged.
J.
Fences that comply with the above standards shall
not be subject to district setback requirements.
[Amended 12-4-1996 by L.L. No. 9-1996]
On a corner lot, the required side yard abutting
a street shall be at least equal to the required front yard. A rear
yard shall be provided on each corner lot, and the property owner
shall elect which yard not abutting a street is the rear yard. On
corner lots which front on more than two streets, each of the yards
which abut a street shall be at least equal in depth to the required
front yard.
On a corner lot, no building, fence, wall, hedge
or other structure or planting more than three feet in height shall
be erected, placed or maintained within the triangle formed by the
intersecting street lines and a straight line between points 30 feet
distant from the intersection measured along such street lines.
The depth of a front yard in any residence district may be reduced below that required in the schedule of regulations (§ 171-52) to the average depth of the front yards of the dwellings on adjoining lots on each side or, if there are no such adjoining dwellings, to the average depth of the front yards of the nearest dwellings on the same side of the street within 500 feet.
A.
Chimneys, towers, gables, scenery lofts, church spires,
cupolas, water tanks, similar structures and necessary mechanical
appurtenances may be erected on a building to a height greater than
the limit established for the district in which the building is located,
provided that they are not used for sleeping or housekeeping purposes
or for any commercial purposes other than such as may be incident
to the permitted use of the principal building. However, such structure
and appurtenances shall be erected only to a height necessary to accomplish
the purpose that they are intended to serve, and they shall not cover
at any level more than 20% of the area of the section of roof on which
they are located. Such structures shall be enclosed with materials
of type and design that will be in harmony with the materials and
design of the building on which they are located. Such structures
shall be so constructed and fastened as to prevent their being blown
over by any reasonably expected wind. Such structures shall be certified
as safe by a licensed professional engineer.
B.
Height limitations shall not apply to water towers,
standpipes and monuments when such structures are otherwise permitted
by this chapter.
[Amended 11-1-2010 by L.L. No. 12-2010; 11-2-2015 by L.L. No. 6-2015; 11-15-2021 by L.L. No.
4-2021]
A.
Intent and purpose. The intent and purpose of this section is to
provide standards for outdoor lighting in order to maintain and protect
the aesthetic character of the Village; to encourage conservation
of energy while providing safety, utility and security; to minimize
glare; to avoid impacts on and to protect the privacy of nearby residences;
to reduce atmospheric lighting pollution; to ensure that development
fits into its surroundings rather than being superimposed upon the
existing environment; and to enhance the Village's nighttime
ambience and character.
B.
All exterior lighting. All exterior lighting, including the lighting
of signs, shall be of such shading as will prevent unreasonable glare
from being seen from any adjacent property. Hours of lighting may
be controlled by the Planning Board in acting on any site development
plan.
C.
Intensity of lighting. No use shall produce glare as to cause illumination
beyond the property on which it is located in excess of 0.0 footcandles
or lumens at the property line. Footcandle levels greater than 5.0
are considered excessive and shall be avoided.
D.
In all districts, the maximum pole height for any exterior light
fixture shall not exceed 12 feet as measured from the ground.
E.
A photometric lighting plan shall be provided for all proposed lighting
or for the retrofitting of existing light fixtures with light-emitting
diode (LED) fixtures. The photometric shall provide specifications
for all lights proposed. The color temperature of all LED lighting
shall be 3,000 K or less. The lighting specifications shall also include
backlight, uplight and glare (BUG) ratings for all proposed fixtures.
F.
ATM lighting. Unless accessory to a bank, all ATM banking machines
shall be installed indoors so that the New York State ATM Safety Act[1] design requirements shall not be applicable. The Planning
Board remains responsible for ensuring that outdoor ATM banking machines
accessory to a bank do not cause glare or other unwanted light spillage
affecting residential areas and uses.
[1]
Editor's Note: See Banking Law § 75-a et seq.
Outside storage, (including storage and display
of merchandise, supplies, machinery and other materials and the outside
manufacture, processing or assembling of goods, but excluding areas
for parking of registered motor vehicles in daily use) shall be limited
as follows, but the storage or parking of unregistered or unlicensed
vehicles or parts thereof is strictly forbidden in any area of the
Village.[1]
A.
In business districts, outside storage areas shall
not extend into the area required for setback from a property line
or residence district boundary line and shall not exceed 20% of the
lot area.
B.
In industrial districts, outside storage areas shall
not extend into the area required for setback from a property line
or residence district boundary line, shall not exceed 30% of the lot
area and shall be enclosed (except for necessary access drives) by
buildings and/or by fences, walls, embankments or evergreen shrubs
or trees so as to screen the storage area from view from any other
lot or from any street. The enclosing buildings, fences, walls, embankments
or evergreen shrubs or trees shall either be of a height sufficient
to screen completely the storage area or have a height of eight feet,
whichever is less, and shall be of a density as to be not less than
75% effective in screening such view, except that when evergreen shrubs
or trees are used, such height and density shall be achieved within
five years after establishment of the outside storage area.
C.
The sale and display of motor vehicles is prohibited
on all properties within the Village of Fishkill that are used for
commercial and/or industrial purposes, except where the sale and display
of such vehicles occurs in connection with the operation of an approved
vehicle sales facility that is in compliance with the ordinances and
local laws of the Village.
[Added 6-20-2005 by L.L. No. 3-2005]
D.
Portable
storage unit. A maximum of one portable storage unit may be placed
on any residentially used or zoned lot for a period not exceeding
nine months during any twelve-month period if the owner possesses
a valid building permit, or for a period not exceeding three months
during any twelve-month period otherwise. Said storage unit shall
only be placed on a driveway or in a parking area, and not on lawns
or other vegetated areas.
[Added 8-1-2011 by L.L. No. 4-2011]
All portions of multifamily and nonresidential
properties which are not used for locations for buildings, structures,
off-street parking and loading areas, sidewalks or similar purposes
shall be landscaped and permanently maintained in such manner as to
minimize erosion and stormwater runoff and harmoniously blend such
uses with the character of the Village as a whole.
A.
Driveways. There shall be no more than two driveways
entering any lot from any one street, except that there may be one
additional driveway for each 300 feet of lot frontage in excess of
300 feet. Driveways shall not exceed 30 feet in width at the street
line unless a greater width is required by Dutchess County or by the
State of New York.
B.
Off-street parking and loading.
(1)
In business districts, no part of the area required
for setback from a residence district boundary line shall be used
for off-street parking or loading.
(2)
In industrial districts, no part of the area required
for setback from a residence district boundary line shall be used
for driveways or off-street parking or loading. No part of the area
required for setback from a street line shall be used for off-street
loading, and no more than 50% of such area shall be used for driveways
and/or off-street parking.
(3)
In the PI District, 8% of any off-street parking area, including
areas of vehicle storage, shall be landscaped.
[Added 11-2-2015 by L.L.
No. 6-2015]
(4)
Porous pavement is permitted in industrial, business and multifamily
residential uses subject to the following:
[Added 11-2-2015 by L.L.
No. 6-2015]
(a)
Porous pavement shall only be used in parking spaces.
(b)
Porous pavement shall not be located in drive aisles, driveways
or in areas used for the dispensing of gasoline or other fuels or
where hazardous liquids could be absorbed into soil through porous
pavement.
(c)
Porous pavement systems that utilize turf grass shall be limited
to overflow parking areas that are not utilized for regular parking
and are not occupied on a daily basis.
(d)
Porous pavement shall not count as required landscaping.
(e)
The use of porous pavement does not permit parking spaces, drive
aisles or driveways to be located anywhere not otherwise permitted
by the regulations of this Zoning Ordinance.
(f)
In cases where 50% of the parking spaces consist of porous pavement,
a five-percent increase in lot coverage is permitted.
(g)
The applicant must demonstrate sufficient soil infiltration
below the porous pavement, and the porous pavement shall be designed
to the satisfaction of the Village Engineer.
(h)
A maintenance agreement with the Village of Fishkill for the
maintenance of porous pavement shall be required.
C.
Screening. In connection with the review of any site
plan or special permit application for a nonresidential use abutting
or directly across a local street from any property in a residence
district, a buffer strip shall be required along all such property
lines. Such buffer strip shall comply with at least the following
minimum standards:
(1)
In business districts, a strip of land not less than
20 feet in width along and adjacent to any residence district boundary
line shall be suitably landscaped with trees and/or shrubs and with
lawns.
(2)
In industrial districts, the area required for setback
from a street line shall be suitably landscaped with trees and/or
shrubs, lawns, washed gravel or ornamental brick or stone pavement
except for sidewalks and permitted driveways and off-street parking
spaces. Along and adjacent to any residence district boundary line,
a strip of land not less than 30 feet in width shall be left in its
natural state if already wooded or shall be landscaped with evergreen
trees planted to grow into a dense evergreen buffer strip within five
years.
(3)
Where existing conditions and land use warrant otherwise,
exception to the above may be granted by the Planning Board.
(4)
Maintenance. Required plantings, walls and fences
shall be properly maintained in good condition at all times throughout
the duration of the use in connection with which they were required.
D.
Refuse disposal. Adequate facilities for disposal
of refuse shall be provided in all districts. In multifamily and nonresidential
districts, all refuse disposal units or locations for deposit must
be screened from view and designed in such fashion as to be fireproof
and/or fire-retardant and to prevent access by rodents, dogs, cats,
etc., and blowing away of refuse; and all dumpsters must remain closed
at all times.
E.
Stacking and queuing. Site plans shall be designed so that vehicles
do not stack or queue into the public roadway.
[Added 3-4-2013 by L.L. No. 2-2013]
F.
Laundry plants.
[Added 3-4-2013 by L.L. No. 2-2013]
(1)
The location and type of any materials classified as hazardous by
the Fire Code of New York State shall be noted on the site plans.
(2)
An applicant for site plan approval for a laundry plant shall demonstrate
compliance with all state and federal regulations.
(3)
Parking shall be provided in accordance with the standards for manufacturing
and industrial uses.
G.
Interconnection. Interior parking lots shall be designed so that
they may be connected to parking lots on adjacent lots to create interior
connector roadways. In the case of practical difficulties, the Planning
Board may waive this requirement.
[Added 3-4-2013 by L.L. No. 2-2013]
A.
Alteration of wetlands or watercourses. In any district,
no alteration of wetlands or watercourses, whether by excavation,
filling, grading, clearing, draining or otherwise and whether or not
incidental to activities otherwise permitted, shall be made in contours
(whether submerged or above water level), water levels or flow of
such wetlands or watercourses without review as to the effect of such
alteration and any related facilities on water recharge areas, water
table levels, water pollution, aquatic animal and plant life, temperature
change, drainage, flooding, runoff and erosion. This review and approval
of such alteration shall be made by the Planning Board.
B.
Before granting or denying any request in accordance
with this section, the Planning Board:
(1)
May require a public hearing, the notice of which
shall be published in the Village's officially designated newspaper
at least five days prior to the date of such hearing.
(2)
May request a written report on the effects of such
alteration by the Soil Conservation Service of the United States Department
of Agriculture or such other expert of the Planning Board's choosing
at the expense of the property owner or developer, and payment in
advance of the amount of such expense, if any, shall be a condition
of further consideration.
(3)
Will notify adjacent communities and the New York
State Department of Environmental Conservation prior to any alteration
or relocation of a watercourse and submit evidence of such notification
to the Federal Insurance Administration.
(4)
Will require that maintenance is provided within the
altered or relocated portion of said watercourse so that the flood-carrying
capacity is not diminished.
[Added 11-2-2015 by L.L.
No. 6-2015]
A.
Purpose and objectives. The proliferation of solar energy systems
("SES") and wind energy systems ("WES") as an environmentally friendly
and cheaper energy alternative is expected in the coming years, and
this equipment and the installation thereof must be reasonably regulated
in order to protect the health, safety and welfare of the residents
of the Village of Fishkill and, to the maximum degree possible, to
coordinate and control the same to preserve and protect the aesthetic
qualities of the Village. The Village recognizes the demand for SES
and WES facilities and the need for the services they provide. This
section regulates SES and WES installations to ensure that any such
proposed energy system is designed, located, and installed in accordance
with sound planning by:
(1)
Promoting the health, safety and welfare of the residents of
the Village.
(2)
Minimizing the adverse visual effects of alternative energy
systems and protecting the natural features, aesthetics, residential
and historical character of the Village through careful planning,
design, location, buffering, and screening.
(3)
Avoiding potential damage to adjacent properties from falling
or flying debris from SES and WES facilities through careful engineering
and reasonable siting of energy system structures.
B.
No SES or WES shall be located or operated so as to impede the function
of any other existing SES or WES facility or of any radio or microwave
communication device.
C.
No SES or WES shall be located so as to reduce or impede the amount
of sunlight that would fall on an adjoining lot absent the SES or
WES. A letter from the installer certifying this shall be submitted
with the building permit application.
D.
Solar energy systems.
(1)
Roof-mounted SES facilities shall be permitted by issuance of
a building permit on all properties in the Village except those within
the Historic Preservation Overlay Zone, provided such facilities meet
the following standards:
(a)
SES facilities on a peaked, pitched, gable, hip or mansard roof
shall be mounted parallel to and with the top surface of the panel
no more than 18 inches above the roof surface and shall be located
no less than three feet from the edge of any part of the roofline.
In addition, on a mansard roof, the SES facilities shall be mounted
on the upper roof surfaces that are least visible from the street
and adjacent properties.
(b)
SES facilities on flat roofs having no parapet shall be mounted
parallel to the roof surface and located no less than three feet from
the edge of any part of the roofline nor more than three feet above
the height of the roof.
(c)
SES facilities on flat roofs with a parapet shall be located
no less than three feet from the edge of any part of the roofline
or parapet nor above the height of the parapet.
(d)
SES facilities shall use black or neutral, nonreflective colors.
All utility services and electrical wiring shall be underground or
otherwise placed within conduit securely attached to the roof and
walls.
(2)
Roof-mounted SES facilities shall be permitted with certificate
of appropriateness approval and a building permit on properties located
within the Historic Preservation Overlay Zone, provided such facilities
meet the following standards in addition to the criteria in Article
IXA:
(a)
SES facilities on a peaked, pitched, gable, hip, or mansard
roof shall be mounted parallel to and with the top surface of the
panel no more than 18 inches above the roof surface and shall be located
no less than three feet from the edge of any part of the roofline.
In addition, on a mansard roof, the SES facilities shall be mounted
on the upper roof surfaces that are least visible from the street
and adjacent properties.
(b)
SES facilities on flat roofs having no parapet shall be mounted
parallel to the roof surface and located no less than three feet from
the edge of any part of the roofline nor more than three feet above
the height of the roof.
(c)
SES facilities on flat roofs with a parapet shall be located
no less than three feet from the edge of any part of the roofline
or parapet nor above the height of the parapet.
(d)
SES facilities shall use black or neutral, nonreflective colors.
(e)
All utility services and electrical wiring shall be underground
or otherwise placed within conduit securely attached to the roof and
walls.
(f)
The location of the SES facilities shall minimize any adverse
effects upon a structure's existing fabric and minimize visual impacts
upon the surrounding area.
(g)
Any repairs to equipment or replacement of parts which result
in changes made to the design of the SES or WES shall require a certificate
of appropriateness.
(h)
All SES facilities shall be installed with the least amount
of change or alteration to the historic structure, and no changes
shall be made to the historic structure which cannot be reversed without
permanent damage.
(3)
Ground-mounted SES facilities and building-integrated photovoltaics
(solar shingles) shall be prohibited.
E.
Wind energy systems.
(1)
Roof-mounted WES facilities are not permitted.
(2)
Ground-mounted WES facilities shall be permitted in the General
Business 1 (GB-1), the General Business 2 (GB-2) and the Planned Industry
(PI) Zoning Districts subject to the following:
(a)
Site plan approval shall be required for any WES facility.
(b)
Anchor points for guy wires for the WES tower shall be located
within the property lines of the lot on which the tower is located,
and not on or across any aboveground electric transmission or distribution
line, and shall be suitably protected from tampering or trespass.
(c)
Each WES shall be equipped with both manual and automatic controls
to limit the rotational speed of the blade below the design limits
of the rotor. The application for site plan approval shall include
a statement by a New York State-registered professional engineer certifying
that the rotor and over-speed controls have been designed and fabricated
for the proposed use in accordance with good engineering practices.
The engineer shall also certify the structural compatibility of potential
towers with available rotors. This certification shall include the
distance and trajectory of the thrown blade from an exploding turbine
or propeller according to the loss of blade theory.
(d)
The base of the tower shall be completely enclosed by a locked,
protective fence of at least six feet high, and designed to prevent
tampering and trespass to the tower.
(e)
Ground-mounted WES facilities shall not exceed the maximum allowable
height for a principal structure for the zoning district in which
the lot is located.
(f)
WES facilities are prohibited in any front yard and shall be
located behind the front line of the principal structure.
(g)
WES facilities shall be located only in a side yard or rear
yard and shall be set back no less than 1.5 times the height of the
support tower from any adjoining property line and any habitable structure.
In addition:
[1]
The WES shall meet the requirements of Chapter 99 of the Village Code, Noise. To assure compliance with this requirement, the applicant shall provide a noise analysis prepared by a New York State-licensed professional stating that the proposed WES facility would operate within the requirements of Chapter 99 and would not exceed the established noise standards of the Village Code.
[2]
All power transmission lines from the WES to any
building or other structure shall be located underground and otherwise
placed within conduit securely attached to the roof and walls.
[3]
No television, radio or other communication antenna
may be affixed to or otherwise made a part of a WES without Planning
Board approval of an amended site plan.
[4]
No variance shall be granted in connection with
any ground-mounted WES to permit a height greater than the maximum
allowable height for a principal structure in the zoning district
in which the lot is located, or to allow the placement of any WES
nearer to an adjoining property line or habitable structure than the
minimum setback required by this section.
[5]
The WES and its location on the property shall
be designed to limit its visual impact on surrounding properties,
and to minimize noise from the WES to adjacent and nearby properties.
[6]
The WES shall be screened, to the extent practicable,
from adjacent properties by fencing or a combination of fencing and
evergreen and deciduous plantings.
[7]
No signs, except for safety and warning signs,
are permitted.
(3)
If a SES or WES facility ceases to operate or to perform its
originally intended function for more than 12 consecutive months,
the property owner shall remove the facility no later than 90 days
after the end of the twelve-month period.
