Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
No changes to an existing use, other than a one-family dwelling and accessory uses thereto, shall be made, in terms of the type of land use or the intensity of the use, except in conformance with an approved site plan or special permit as appropriate.
In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I.
Where this chapter requires a greater width or size of yards or other open spaces, or a lower height of building, or a fewer number of stories, or a greater percentage of lot area to be left unoccupied, or otherwise imposes greater restrictions than required by any other statute, bylaw, ordinance or regulation, the provisions of this chapter shall govern. Where the provisions of any other statute, bylaw, ordinance or regulation require a greater width or size of yards or other open spaces, or a lower height of building, or a fewer number of stories, or a greater percentage of lot area to be left unoccupied, or otherwise impose greater restrictions than are required by this chapter, the provisions of such statute, bylaw, ordinance or regulation shall govern.
Any use not permitted within this chapter shall be deemed prohibited except pursuant to the provision § 150-19B. herein. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but to have been included for the purposes of clarity and emphasis, and to illustrate, by example, some of these uses frequently proposed that are deemed undesirable and incompatible in the particular district and that are thus prohibited.
When a use is not specifically permitted in this Zoning Ordinance as either a use permitted by right or by special permit, it shall be understood that the use may be allowed by special permit of the Planning Board if it is determined by the Planning Board with input from the Building Inspector that the use is substantially similar to other uses listed in the district and is consistent with the stated purposes of the district.
This section establishes the Planning Board's special permit authority pursuant to Article XI of this chapter to compare a proposed use and measure it against those listed in the applicable zoning district for determining substantial similarity. In determining substantial similarity, the Planning Board shall make all of the following findings prior to approval:
The proposed uses shall meet the intent of, and be consistent with, the goals, objectives and policies of the Comprehensive Plan.
The proposed use shall meet the stated purpose and legislative intent of the district in which the use is proposed to be located per the legislative intent of given district regulations, or those given in § 150-13.
The proposed use shall not adversely impact the public health, safety and general welfare of the residents.
The proposed use shall share characteristics in common with, and not be of greater intensity, density, or generate more environmental impact, including but not limited to, having no greater adverse effects upon traffic, noise, air quality, parking, or any other reasonably relevant attribute than those uses listed in the zoning district in which it is to be located.