[Added 3-28-1985 by L.L. No. 5-1985]
The following use regulations shall be applicable
in all districts where applicable.
Farms, farm uses, greenhouses, nurseries, other
than business nurseries, and other customary agricultural operations
are permitted in all districts, provided that:
A.
Setbacks for farm buildings. No building in which
farm animals are kept shall be closer than 100 feet to any adjoining
lot line. No storage of manure or odor- or dust-producing substance
or use shall be permitted within 100 feet of any adjoining lot line,
watercourse or wetland area. No greenhouse heating plant shall be
operated within 100 feet of any adjoining lot line.
B.
Sale of products. No products other than the ones
produced or customarily sold on the premises shall be publicly displayed
or offered.
C.
Minimum lot size. The minimum lot size shall be five
acres for the growing of crops and plants, and 10 acres for keeping
of livestock or poultry.
[Amended 9-26-2000 by L.L. No. 5-2000]
No process or activity shall be permitted in
any district which is obnoxious or offensive by reason of odor, dust,
fumes, smoke, gas, vibration, radiation, glare, noise or that which
constitutes a public hazard by reason of unreasonable fire, explosion
or otherwise.
In any district where permitted, customary accessory
uses shall:
A.
Incidental. Be clearly incidental to the principal
use.
B.
Nonbusiness. Not include any activity commonly conducted
as a business except where allowed by special permit, and in that
event, the obtaining of a special permit shall be required.
C.
Other prohibitions. Shall not be interpreted to allow
a use which, under the provisions of this law, requires a special
permit or variance, unless such special permit or variance is obtained,
or be interpreted to allow a use which is otherwise prohibited by
the chapter.
A.
For the purpose of safeguarding the public health
and safety, preventing pollution or contamination of public watercourses,
protecting watershed areas and natural aesthetic conditions and protecting
persons and property in time of flood, there shall be no residential
buildings or structures erected, built or otherwise placed and no
private sanitary disposal system or water supply system located on
land along watercourses in the Town of East Fishkill where areas are
subject to periodic inundation and flooding by the one-hundred-year
flood, or as delineated by the United States Department of Housing
and Urban Development Flood Hazard Boundary Maps as adopted by the
Town of East Fishkill on August 12, 1976.
B.
All residential buildings located on land along watercourses
in the Town of East Fishkill but outside the flood hazard boundary
shall have the lowest habitable floor (basement or other) elevated
to at least one foot above the one-hundred-year flood level.
C.
Such uses as shall not be endangered by periodic or
occasional inundation or as shall not procure unsatisfactory living
conditions may be allowed by a special permit, at the discretion of
the Zoning Board of Appeals.
D.
In the event of uncertainty as to the delineation
of the flood hazard boundary or any lot or parcel, said boundary in
question shall be determined by resolution of the Town Board based
upon topographic and engineering data as provided by the applicant
or information otherwise available to the Town Board, and the Housing
and Urban Development Flood Hazard Boundary Map shall be amended where
applicable.
Temporary office and temporary storage of equipment
is allowed, provided that:
[Amended 11-14-2002 by L.L. No. 9-2002; 2-27-2014 by L.L. No. 2-2014]
Accessory parking, permitted as a right in residential zones
(See Schedule of Permitted Uses.[1]) shall authorize the parking of one commercial vehicle
(including commercial vehicles with lettering or advertising) per
residential lot not to exceed 16,000 pounds or single axle. All vehicles
must be registered and owned by the owner of the residence. No unregistered
vehicles, tractor-trailer cabs or bodies, tow trucks, septic haul
trucks, moving vans, hydraulic lift vehicles (a/k/a "cherry pickers")
or any excavation or earthmoving equipment, including bulldozers,
backhoes, soil-separation equipment, lawn maintenance equipment or
related trailer bodies used to convey such equipment are permitted.
The ZBA may permit a tow truck, lawn maintenance equipment or other
small commercial vehicle needed for employment by the resident property
owner.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[Added 2-27-2014 by L.L. No. 2-2014]
A resident owner of a residential lot is permitted to park one
recreational vehicle (such as a trailer, boat, camper, or mobile home)
per lot in the rear yard only. Recreational vehicles must meet setbacks.
A.
Vehicular access shall be allowed only at a maximum
of two locations along the street line. On a state or a county highway,
the locations must be approved by the respective agency having jurisdiction.
B.
Outdoor storage or display shall not be allowed except
by special permit for special sale days by the entire shopping center.
C.
A landscape buffer strip of a five-foot-high dense
evergreen screen or equal substitute shall be provided along any property
line that abuts a residential district. The width of this landscape
buffer strip shall be a minimum of 15 feet and shall serve only this
purpose.
[Amended 10-25-2012 by L.L. No. 8-2012]
D.
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet, which shall designate the entire shopping center.
E.
Within the total area required for off-street parking,
a minimum of 8% of that area shall be landscaped with trees, shrubs,
grass areas or other landscaping material per a schedule submitted
with the site plan. This landscaped area shall afford an opportunity
to maintain the aesthetics of the town and act as guides for circulation
and parking of vehicles.
A.
Vehicular access shall be allowed at a maximum of
two locations along the frontage of the parcel except in the case
of an exceptionally large holding wherein the traffic circulation
will be improved and safety maintained if additional access is provided.
Outdoor storage or displays shall not be allowed except by the issuance
of a special permit for an activity that is being promoted by the
entire complex.
B.
A landscaped buffer strip of a minimum width of 25
feet shall be provided along any property line that abuts a residential
district. In addition, the side yard shall be increased to 100 feet
if the building abuts a residential district. The landscaped buffer
strip shall act as an effective screening device and shall not be
used for any other purpose.
C.
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance, or a single freestanding sign for the identification of the center whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to the application for a sign permit.
D.
Within the total area required for off-street parking,
a minimum of 8% of that area shall be landscaped with trees, shrubs,
grass or other landscaping materials per a schedule to be submitted
with the site plan. This landscaped area shall afford an opportunity
to maintain the aesthetics of the town and act as guides for the circulation
and parking of vehicles.
[Added 6-14-1979 by L.L. No. 4-1979]
A.
Vehicular access shall be allowed at a maximum of
two locations along the boundary of the parcel property, except in
the case of a large holding wherein the traffic circulation and/or
safety can be maintained and/or improved if additional access is provided.
Outdoor storage or displays shall not be allowed except by the issuance
of a special permit for an activity that is being promoted by the
entire complex.
B.
A landscaped buffer strip of a minimum width of 35
feet shall be provided along any property line that abuts a residential
district. The landscaped buffer strip shall act as an effective screening
device and shall not be used for any other purpose.
C.
In addition to signs allowed in § 194-111, there shall be allowed not more than one freestanding sign with an area not to exceed 50 square feet at each entrance or a single freestanding sign for the identification of the renter whose size shall not exceed 80 square feet. All signs to be placed within the center or on buildings within the center shall have the approval of the developer or complex owner prior to application for a sign permit.
D.
Within the total area required for off-street parking,
a minimum of 8% of that area shall be landscaped with trees, shrubs,
grass or other landscaping materials per a schedule to be submitted
with the site plan. The landscaped area shall afford an opportunity
to maintain the aesthetics of the town and act as guides for the circulation
and parking of vehicles.
E.
Consideration for rezoning of parcels to PRDP Zone.
[Added 8-24-1993 by L.L. No. 4-1993]
(1)
Where lots smaller than five acres, but at least 1.5
acres in size, were lawfully created prior to the effective date of
this subsection (September 9, 1993), the Town Board may consider such
parcels eligible for rezoning to PRDP, and may approve a rezoning
to PRDP under the reduced bulk standards established herein, if it
finds that such rezoning would benefit the town. The decision to approve,
or decline to approve, such a rezoning is a purely legislative determination
entirely within the legislative discretion of the Town Board. The
Town Board shall have the right to reject any petition for PRDP rezoning
at any stage of the proceedings.
[Amended 6-14-2001 by L.L. No. 3-2001]
(2)
Parcels will be eligible for consideration under this
subsection if they meet the following requirements:
(a)
The lot(s) to be rezoned were created prior
to the effective date of this subsection (September 1993);
(b)
A portion of the parcel is within 1,000 feet
of an existing state or county road;
(c)
The parcel has access to a state or county highway
over an improved road acceptable to the Town Board, having a minimum
fifty-foot right-of-way, and having provided sufficient proof to the
Town Board of future maintenance of the access roadway; and
(3)
If the Town Board, in its discretion, determines to
rezone such preexisting parcels to PRDP, the following bulk standards
will apply for new construction:
(a)
Minimum lot size: 1.5 acres.
(b)
Minimum open space requirement: 20%.
(c)
Maximum FAR: 0.3
(d)
Minimum lot width at the building line: 100
feet.
(e)
Minimum yards: front, 50 feet; side, 20 feet
on one side or 40 feet combined both sides; rear, 30 feet.
(f)
Minimum landscaping of 25 feet in front yard
and 10 feet in side and rear yards.
(g)
Maximum height: three stories/40 feet.
(h)
Minimum yard distance of 100 feet from Route
52 to any building line.
(5)
Developed lots which are already improved with existing
buildings pursuant to an approved site plan shall be deemed conforming.
Kennels shall meet all the applicable conditions
set forth in this section.
A.
Adequate shelter. Each kennel shall be equipped with
housing or shelter facilities sufficient to provide adequate cover
and shelter for all dogs which may be housed in the kennel.
B.
Adequate runway area. For each dog housed in the premises
being over six months of age, there shall be a minimum of 80 square
feet of runway area or exercise pen.
C.
Runway enclosure. Runways or exercise pens located
within the kennel shall be enclosed by wire fence of a height to be
prescribed by the Planning Board, but in no event less than six feet
in height.
D.
Kennel facility enclosure. All kennel facilities shall
be maintained in enclosed structures, which shall be of soundproof
construction and so constructed and maintained as to produce no dust
or odors at the property line.
E.
Number of dogs. The Planning Board may prescribe the
maximum number of dogs to be boarded, harbored, kept or trained. That
number shall not exceed the number equivalent to 10,000 square feet
per 100 pounds of average adult animal body weight of the species
so harbored, provided that in no event shall a kennel harbor more
than a total of 50 dogs. As used herein, the square footage of the
lot is that area of the lot not including any required yards.
F.
Setbacks. The kennel, including structures, buildings,
runways and exercise pens, shall not be constructed or maintained
within 150 feet of any property line.
G.
Hours of operation. Between the hours of 8:00 p.m.
and 8:00 a.m., all dogs shall be confined in a fully enclosed and
suitably ventilated building of soundproof construction.
H.
Buffers. The kennel, including structures, buildings,
runways and exercise pens, shall be screened from any surrounding
uses. The type of screening shall be at the discretion of the Planning
Board, based on consideration of protecting surrounding uses, minimizing
noise, and minimizing adverse aesthetic impact.
I.
Considerations. The Planning Board may consider the
number, size, breed and temperament of the animals to be sheltered
and may impose reasonable conditions to protect proximate uses, minimize
noise, odors and adverse aesthetic impact, protect the animals harbored
or sheltered and ensure the health, safety and general welfare of
the community.
J.
Inspection. The kennel shall be open for periodic
inspection by the Zoning Administrator and/or the Dog Warden.
K.
Nuisance. The granting of a special permit to operate
a kennel shall not be deemed to bar the institution of any action
to enjoin a nuisance.
[Added 6-25-2020 by L.L. No. 2-2020]
Contractors' yards are permitted in I-1 and I-3 Districts, provided
the following standards are met:
A.
Areas set aside for the outdoor storage of construction vehicles
and materials associated with the business shall not exceed 50% of
the total lot area. No material storage pile shall exceed a height
of 10 feet. The Planning Board may require that stored vehicles and
materials be located within buildings or garages. The site shall be
maintained in an orderly and safe condition at all times.
B.
No storage of any hazardous materials will be permitted. All fuel-storage
tanks shall have self-containment capabilities in case of spill or
leak. The Planning Board may require additional protection as needed
to protect the health, safety and welfare of the public.
C.
All maintenance work on equipment shall be performed within a structure
or on an impervious surface that is designed to retain any spillage
of fluids and cleaned immediately upon completion of work.
D.
Any vehicles stored overnight must be parked in an approved parking
space.
E.
Where a contractor's yard abuts a residential district there shall be a minimum of a fifty-foot side and rear yard on the side abutting the residential district. Contractors' yards shall be fully screened from residential properties by an opaque screen (fence, vegetation, wall, or berm) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 194-98, Walls and fences, to achieve the required screening.
F.
Outdoor areas designated for construction vehicle or material storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles and materials. The Planning Board is expressly authorized to modify any fence or vegetation height restriction set forth in § 194-98, Walls and fences, to achieve the required screening.
G.
Prohibited activities. Garbage or waste-transfer stations; mining;
rock/stone/concrete crushing; the storage, processing or handling
of contaminated materials, waste materials as defined in 6 NYCRR Part
360, or hazardous materials as defined in 6 NYCRR Part 371; the storage
of buses, trucks or vehicles not used as part of an approved contractor
office business. In addition, the storage, processing or handling
of petroleum products shall be prohibited except for heating fuel
for use on-site.
[Added 6-25-2020 by L.L. No. 2-2020]
The storage of commercial vehicles as a principal use is allowed
in the I-1 and I-3 districts and is subject to the following requirements
of this chapter:
A.
Areas set aside for commercial vehicle storage shall not exceed 70%
of the total lot area.
B.
Commercial vehicle storage areas must be designed to allow for safe
access and maneuverability on-site, including access for emergency
service vehicles.
C.
Where a commercial vehicle storage area abuts a residential district
there shall be a minimum of a fifty-foot side and rear yard on the
side abutting the residential district.
D.
All commercial vehicles must be operable and registered with the
State Department of Motor Vehicles.
E.
The Planning Board may require that stored vehicles be located within
buildings or garages. Any vehicles stored overnight must be parked
in an approved parking space.
F.
Outdoor areas designated for commercial vehicle storage shall be screened by an opaque screen (fence, vegetation, wall, or berm) along the entire perimeter of the outdoor storage area(s) and shall be of sufficient height to completely screen all vehicles. The Planning Board is expressly authorized to modify any fence or vegetation height restriction based on the needs of the site including those requirements set forth in § 194-98, Walls and fences, in order to achieve the required screening.
[Added 9-22-2022 by L.L. No. 7-2022]
Generators used for emergency purposes shall be considered compliant
with the Town Code and shall not require a variance if:
[Added 9-22-2022 by L.L. No. 7-2022]
A.
Purpose.
The Town Board of the Town of East Fishkill, to promote agrarian uses
and animal education, while protecting the community from certain
nuisances, enacts the following restrictions on the keeping of chickens
within the Town.
B.
Definition
of chicken. A "chicken" shall be defined as a member of the species
Gallus gallus domesticus.
C.
Zoning
districts. One chicken shall be permitted for each 2/10 of an acre
in the R-1, R-2, R-3, and AFO Zoning Districts (i.e,. on a 2.4 acre
lot, 12 chickens shall be permitted), but in no circumstance shall
the number of chickens on any lot exceed 30 chickens. Chickens shall
not be permitted in any zoning districts not explicitly listed in
this section.
D.
Male
chickens. No male chickens (i.e., roosters) shall be permitted on
any lot less than 10 acres in size.
E.
Shelter.
Chickens shall be enclosed with chain-link, open-mesh fences or caging.
Said fence (chain-link or mesh) or cage shall not exceed eight feet
in height and must contain an area of at least four-square feet for
each chicken. The shelter must contain adequate ventilation, light,
and drainage as determined by the Building Inspector. The fence (chain-link
or mesh) or cage shall be at least 25 feet from any property line
or double the required setback for that district, whichever is greater.
In no circumstance may the shelter be located in the front yard of
any lot. All shelters shall be removed within 30 days after no longer
housing any chickens.
F.
Feed
containers. All feed shall be stored in rodent-proof containers, as
determined by the Building Inspector.
G.
A building
permit shall be required for the construction of a coop/pen for the
keeping of chickens.
H.
Penalties
for offenses. A violation of this article shall constitute an offense
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days and/or a civil penalty of $1,000. Each day said
violation continues shall constitute a separate violation.
[Added 12-8-2022 by L.L. No. 10-2022]
A.
No individual,
corporation, limited-liability company, unincorporated association,
proprietorship, firm, partnership, joint venture, joint-stock association,
or other entity or business organization of any kind shall be permitted
to sell, offer for sale, possess with intent to sell or manufacture
within the Town of East Fishkill any tobacco products, vaping products,
synthetic cannabinoids, synthetic cannabinoid analogues, or any products
containing one or more synthetic cannabinoids or analogues within
1,500 feet of a school or house of worship.
B.
For
the purposes of this chapter, "vaping" consists of the inhaling and
exhaling of vapor produced by an electronic cigarette or similar device
and "synthetic cannabinoid" shall mean any chemical which reacts with
cannabinoid receptors and has been permanently or temporarily placed
on the federal Schedule of Controlled Substances.[1]
[1]
Editor's Note: See 21 CFR Part 1308.
C.
This
chapter pertains to any location beginning sales after the effective
date hereof.
D.
Any
person who knowingly violates the provisions of this section shall
be guilty of an unclassified misdemeanor punishable by a fine of up
to $1,500 per day and/or up to one year's imprisonment. Each day during
which any violation of the provisions of this section continues shall
constitute a separate offense.
