Town of East Fishkill, NY Article X General Use Regulations [1]

[Added 3-28-1985 by L.L. No. 5-1985]

The following use regulations shall be applicable in all districts where applicable.

[1] Editor's Note: Former Article VIII, Supplementary Use Regulations, was revised and split up into Articles X, General Use Regulations, XI, Planning Board Special Permits - Supplementary Use Regulations, and XII, Zoning Board Special Permits - Supplementary Use Regulations, by L.L. No. 5-1985.

§ 194-47 Farming; nurseries; greenhouses.

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]

§ 194-48 Obnoxious uses.

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.

§ 194-49 Accessory uses.

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.

§ 194-50 Lots subject to flooding.

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.

§ 194-51 Temporary office and storage.

Temporary office and temporary storage of equipment is allowed, provided that:

A. Construction related. Both must be in connection with construction on the lot.

B. Removal. Both must be removed before a certificate of occupancy is granted.

§ 194-52 Parking of commercial vehicles in residential zone.

[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.

§ 194-52.1 Parking of recreational vehicles in a residential zone.

[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.

§ 194-53 Planned business neighborhood.

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.

§ 194-54 Planned commercial parks.

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.

§ 194-55 Planned research and development parks.

[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

(d) The parcel meets the standards contained in § 194-55A through D of the Zoning Code, or, alternatively, that the property is already developed, pursuant to a site plan approved by the Town Planning Board.

(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.

(4) Except as explicitly provided in this Section E, all other standards of §§ 194-15 and 194-55A to D shall apply.

(5) Developed lots which are already improved with existing buildings pursuant to an approved site plan shall be deemed conforming.

§ 194-55.1 Kennels.

[Amended 6-14-2001 by L.L. No. 3-2001; 7-26-2007 by L.L. No. 3-2007[1]]

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.

[1] Editor's Note: This local law also provided for the relocating of these provisions from Art. XII, Zoning Board Special Permits - Supplementary Use Regulations, to this Art. X, General Use Regulations.

§ 194-55.2 Contractors' yards.

[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.

H. In accordance with Chapter 194, Zoning, the Zoning Board of Appeals may grant relief from the requirements found in § 194-55.2.

§ 194-55.3 Commercial vehicle storage yard.

[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.

§ 194-55.4 Emergency generators.

[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:

A. They are placed in a side yard or rear yard;

B. Are at least 10 feet away from the nearest lot line; and

C. Are not more than three feet away from the closest side of the house.

§ 194-55.5 Chickens.

[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.

§ 194-55.6 Sale of synthetic marijuana and other vaping and tobacco products near schools and houses of worship.

[Added 12-8-2022 by L.L. No. 10-2022; amended 2-13-2025 by L.L. No. 1-2025]

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 the property line of the parcel containing the business selling synthetic marijuana and other vaping and tobacco product and the property line of the parcel containing "educational institutions" as defined below or a house of worship.

B. For the purpose 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 in the federal Schedule of Controlled Substances. For the purpose of this chapter "schools" shall include any building whose primary use is for the care, development or education of children. For the purposes of this chapter "educational institutions" shall be defined as a place where people of different ages gain an education, including preschools, childcare, primary-elementary schools, secondary-high schools, and universities. They provide a large variety of learning environments and learning spaces. This definition would include but is not limited to the following types of establishments:

(1) Public schools;

(2) Public parks and outdoor recreational facilities;

(3) Physical education or athletic fields;

(4) Private schools and school grounds;

(5) Pre-school or nursery;

(6) Day-care facility;

(7) Tutoring or exam preparatory business;

(8) Music schools;

(9) Vocational, technical or trade schools;

(10) College or university;

(11) Dance schools; and/or

(12) Other youth facilities.

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.

§ 194-55.7 Outdoor dining.

[Added 2-13-2025 by L.L. No. 1-2025]

A. Purpose. It is the purpose of this section to establish the circumstances and conditions pursuant to which restaurants or other food service establishments shall be authorized to provide outdoor dining for patron use on the same parcel on which the establishment is located. It is the intention of this section to specifically identify the criteria, standards, and conditions pursuant to which an existing restaurant or other food service establishment may obtain permission for placement of outdoor tables and seating for seasonal patron use.

B. Authorization. Authorization for outdoor dining for 16 or fewer patrons may be approved by the Zoning Administrator upon concurrence and review of the proposed seating by the Town's Fire Inspector or similar such official. Requests for outdoor dining greater than 16 seats, with a permanent structure(s), or if deemed to require Planning Board review at the discretion of the Zoning Administrator or their designee will also require site plan approval pursuant to Article VII of the Town's Zoning Code.

C. Definitions.

CHAIR or SEAT

Either a distinct piece of furniture designed to allow one person to sit upon the same or, when seating is provided on a bench or other similar structure, then every 20 inches of seating space shall be considered as the equivalent of one chair or seat for determining seating capacity.

OUTDOOR DINING

A use of an adjacent, outside area by a restaurant for eating and drinking activities that occur within the establishment.

D. Permit requirements.

(1) No person shall operate an outdoor dining area unless a permit has been obtained from the Town of East Fishkill.

(2) Applicants shall apply for permit approval in accordance with the provisions of this chapter. All such applications shall be reviewed by the Zoning Administrator and/or their designee and shall be referred to the Fire Inspector, who shall provide the Zoning Administrator with written reports of their opinions and recommendations regarding the application.

(3) Any outdoor dining areas with greater than 16 seats or a permanent structure(s) must also obtain site plan approval pursuant to Article VII of the Town's Zoning Code. In addition, the Zoning Administrator or their designee, may at their discretion, refer any application to the Town Planning Board for site plan approval regardless of the number of proposed seats or structures.

(4) All outdoor dining permits issued pursuant to this chapter shall be valid during the period of April 1 to November 15 of each year, and all equipment used for seasonal outdoor dining shall be removed by November 20 of each year unless the outdoor dining area has obtained site plan approval.

(5) Applicants shall meet all general ordinance requirements and all other laws, rules, regulations and codes applicable to the proposed activity.

(6) Notwithstanding the provisions of this Code, granting of this temporary outdoor dining permit does not provide any vested right in outdoor dining. Any permanent or year-round outdoor dining shall be subject to site plan review as required pursuant to the Zoning Code Chapter 194.

E. Application requirements. The Zoning Administrator or their designee, upon review of an outdoor dining application and approval of the Town's Fire Inspector or similar such official, is hereby authorized, at their discretion, to approve outdoor dining for 16 or fewer patrons on the same lot as the restaurant or other food service establishment subject to the following conditions:

(1) Submission of outdoor dining application forms. All outdoor dining permits required by this chapter shall be applied for and all application forms obtained from the Town website under Building Department forms or from the Building Department during normal business hours. Applications for such permits must be accompanied by any necessary permit fees and/or escrows in the amounts established by the Town Board and/or Engineering Department.

(a) The application for such outdoor dining shall be signed by the owner of the property and the owner of the restaurant or other food service establishment and shall contain a scaled drawing of the location and placement of the proposed outdoor dining, service area(s), pedestrian routing, outdoor lighting, ingress and egress, landscaping, barriers for protection and any weather protection such as a tent which may be proposed. Specifically, an applicant proposing to establish an outdoor dining area shall submit the following to the Building Department:

[1] Outdoor dining plan. A scaled drawing/plan showing the layout of the proposed dining area(s), which shall include, but not be limited to, a depiction of all aisles, routes of ingress and egress; clearances between tables and between the seating area at the curb; landscaping; an illustration, rendering and/or photograph of all proposed furniture, umbrellas, signage, safety barriers and other furniture proposed. To ensure visual compatibility with the location of the outdoor dining area, the Zoning Administrator and/or his designee, at their discretion, may require modifications to any of the above.

[2] Safety and architectural barrier details. Details of any proposed barriers that are required to meet safety requirements as determined by the Building Inspector/Town Engineer as well as details of any architectural barriers, such as planters, landscaping and/or decorative fencing. All proposed barriers must be designed to enclose the dining area and limit the ability of litter to blow off the premises.

[3] Six feet of unobstructed sidewalk should be provided with the exact width being determined by the Building Inspector as he or she deems it to be appropriate to promote pedestrian or vehicular safety or the visual harmony of the neighborhood, however, in no event shall the unobstructed sidewalk be less than six feet.

[4] The Building Inspector shall require each applicant to submit a litter control plan which shall include, but not be limited to, a description of the number and location of trash receptacles for the areas and the frequency with which the tables, surrounding area and adjacent public and private properties will be policed for litter. Failure to abide by an established litter control plan shall constitute a violation of the permit approval of which it was made a condition and shall subject the applicant to a fine for each violation.

[5] The seating contained in an outdoor dining area shall not be counted in determining any parking space requirement for a retail food establishment or restaurant use. The seating contained in an outdoor dining area shall be counted as part of the existing seating capacity of the restaurant. In no event shall the seating contained in an outdoor dining area which utilizes public right-of-way areas result in increased overall seating with respect to the parcel or use.

(b) All food and beverages served by the restaurant or other food service establishments shall be sold and dispensed from the interior of the establishment, and a certificate from the Dutchess County Department of Health which authorizes outdoor dining shall be submitted to the Town's Zoning Administrator prior to issuance of any certificate of occupancy or certificate of compliance as hereinafter provided. In the event the establishment is licensed to serve alcoholic beverages, the establishment shall be required to obtain all applicable approvals from the New York State Liquor Authority and/or the New York State Alcoholic Beverage Control Board (SLA and ABC), and proof of such approvals shall also be submitted to the Town's Zoning Administrator prior to issuance of any certificate of occupancy or certificate of compliance.

(2) Tents. Permits issued pursuant to this chapter may also grant permission to utilize tents or other temporary structures in connection with outdoor dining. Permittees may modify existing tents or erect new temporary tents or other structures, such as planters, tables, and umbrellas, and include heating or cooling equipment. In such instances, the submission of an outdoor dining/tent permit application will include information sufficient for the Town to evaluate:

(a) The ability of structures to withstand the elements of weather, which may now include snow accumulations.

(b) The ability for exits to remain open at all times or be covered in a manner meeting all building and fire codes.

(c) The installation of lighted exit signs and the illumination of exit paths.

(d) All heating and/or cooling equipment needs to be listed for the use of heating tents and is installed in accordance with all New York State Uniform Fire and Building Codes.

(e) Propane tanks shall be separated from the tent and exits, and should be placed in a location that protects them from damage or tampering.

(f) Carbon monoxide alarms shall be installed in all locations when using fuel-fired equipment. The provisions of this chapter shall supersede any other provisions of the Code of the Town of East Fishkill with respect to the utilization of tents in connection with restaurant uses.

F. General requirements.

(1) The annual fee for each year for the operation of an outdoor eating area and/or sidewalk cafe shall be set by resolution by the Town Board.

(2) The Zoning Administrator is expressly prohibited from authorizing any outdoor music or sound amplification in connection with any approval for outdoor dining under this section.

(3) Upon review and approval by the Zoning Administrator and the Town Fire Inspector as stated above, the Town's Code Enforcement Officials shall be then authorized to issue a building permit for such outdoor dining, and upon verification of construction compliance with the conditions of approval, a certificate of occupancy and/or certificate of compliance shall be issued to authorize such outdoor dining.

(4) All outdoor eating areas and sidewalk cafe areas must be properly maintained at all times, including complying with the litter control plan, complying with all applicable laws, rules, regulations and codes, properly securing and/or removing tables, chairs and other items during times of inclement weather and high wind; further, at no time shall chairs, tables or other items be stacked in the area.

(5) The applicant shall provide evidence of insurance for the establishment which includes the outdoor dining.

(6) The failure to cure a violation of any permit condition or requirement of this section within five days of the issuance of a notice to cure shall subject the permittee to a fine; provided, however, that if the violation is one which may imminently endanger the public health, safety or welfare, five days' notice to cure shall not be required.

(7) In determining the criteria and conditions required for the issuance of each permit, the Zoning Administrator may consult with Town departments and staff, including but not limited to the Highway Department, Fire Inspector, Building Inspector, Town Engineer and Town Planner, as well as county, state and federal agencies.

(8) The holders of permits for outside dining are subject to and responsible for compliance with all local, county, state and federal codes, laws, rules, regulations, and executive orders and guidance, including but not limited to those of the Governor, the New York State Liquor Authority, Dutchess County, and the New York State Department of State.

(9) Any proposed outdoor dining which does not comply with the requirements of this section shall be subject to the review and approval of the Planning Board, as applicable.

§ 194-55.8 Estate cottage.

[Added 2-13-2025 by L.L. No. 1-2025]

One estate cottage meeting the following requirements may be permitted per lot in the R1, R2, and R3 Zoning Districts as follows:

A. No more than one estate cottage per lot may be permitted nor shall the total number of dwelling units on any lot exceed two.

B. As a use permitted by right on a conforming residential lot of at least 10 acres in size with direct access to a state highway, county road, or Town street or highway, where all structures are conforming structures.

C. No permit shall be granted for estate cottage without certification by the Dutchess County Department of Health of the adequacy of the septic system no more than one year prior to the application for the estate cottage. The estate cottage and the primary residence with which it is associated shall comply with all applicable New York State codes.

D. An estate cottage shall have a maximum of two bedrooms and a minimum of one off-street parking space.

E. The owner of the lot upon which the cottage dwelling is located shall occupy one of the dwelling units on the premises as his or her principal residence.

F. The gross floor area of the cottage must be a minimum of 600 square feet and shall not exceed 50% of the gross floor area of the principal structure or 1,500 square feet whichever is less.

G. The height of the cottage dwelling must not exceed 1.5 stories or 25 feet.

H. Exterior appearance. The exterior appearance should be consistent and compatible with that of the principal dwelling unit.

I. There shall be no renting of rooms in either the cottage or in the principal dwelling.

J. Sale or subdivision. Neither a cottage nor the premises upon which such cottage is located shall be sold, converted into cooperative or condominium ownership, or subdivided unless such action is accomplished in the full compliance with the codes and ordinances of the Town of East Fishkill, Dutchess County, and the laws of the State of New York.

K. The cottage shall meet the standards of the New York State Uniform Fire Prevention and Building Code for habitable space.

L. If an estate cottage is created on a lot which is accessed by a private right-of-way or easement, for which there is a written maintenance agreement, certificate of occupancy for the estate cottage shall not be issued unless the maintenance agreement is amended to require the owner of the dwelling with the estate cottage to pay an increased proportionate share of the cost of maintaining said right-of-way or easement to reflect the existence of the additional dwelling unit.

M. No variances from the use regulations listed above shall be granted.

§ 194-55.9 Portable storage units.

[Added 2-13-2025 by L.L. No. 1-2025]

A. Any portable on-demand storage units greater than 10 cubic yards are subject to these regulations.

B. Shipping containers and conex boxes are not considered portable storage units and are prohibited in all residential districts.

C. Portable storage units greater than eight feet in height, eight feet in width, or 16 feet in length (37.92 cubic yards) are strictly prohibited.

D. Permit required; application; fee. Before placing a portable storage unit a property owner or tenant must submit an application and fee and obtain a permit from the Town. An insurance certificate providing liability insurance in the amount of $100,000, provided by the third party supplying the portable storage unit must accompany the application. There is a fee of $25 for a six-month permit. Applications may be obtained from the Building Department.

E. Duration. Portable storage units are temporary structures. Permits will be granted for a period of six months. At the expiration of the six-month period, applicants may seek to extend their permit for an additional 90 days by seeking an extension for cause from the Town. In no event shall the applicant receive more than two consecutive extensions totaling more than 180 days. Extension of a permit will cost $25 for each 90 days granted. No parcel shall be given any more than one permit in any twelve-month period.

F. Location. Portable storage units are prohibited from being placed in streets or in the front yards of a property. Portable storage units must meet the setbacks of the underlying district and must be kept in the driveway of the property at the furthest accessible point from the street. All portable storage unit locations must be paved off-street surfaces. The applicant must obtain pre-approval of the location by the Building Department in the following situations:

(1) If the property does not have a driveway;

(2) If the location of the unit in the driveway does not meet setbacks;

(3) If the location of the unit in the driveway is in the front yard of the property; or

(4) The property is a corner lot.

G. Number of units. Only one portable storage unit may be placed at any residential property at a given time.

H. Dumpster. No permit is required for open containers commonly known as "dumpsters" used for the removal of construction debris or other refuse at a residential site not exceeding 60 days. A permit or site plan approval is required for dumpsters on any commercial or industrial site or for longer than 60 days on a residential site.

§ 194-55.10 Electric vehicle charging stations.

[Added 2-13-2025 by L.L. No. 1-2025]

A. Applicability (see table below).

(1) Electric vehicle charging station(s) (EVCS) with a Level 1 or Level 2 charging level shall be permitted in all zoning districts as an accessory use to a single-family dwelling, two-family dwelling, or multifamily dwelling to serve the occupants of the dwelling(s).

(2) EVCS with a Level 2, Level 3 or greater charging level shall be permitted as an accessory use to any nonresidential use in all zoning districts subject to site plan review and the design criteria of Subsection B herein.

	Level 1	Level 2	Level 3
Type of current	AC	AC	DC
Voltage	120V	240V	480V
Connector type	J1772	J1772	CCS1
Average charge time (from empty)*	11 to 20 hours	3 to 8 hours	30 to 60 minutes
Average miles per hour charged*	5	12 to 80	75 to 1,200
Use	Slow	Fast	Faster

Note:
*	Average charge time and mile per hour charged is dependent on the individual cars acceptance rate and the power output of the charging station.

B. The Planning Board and/or Zoning Administrator shall use its discretion to determine if EVCS's are required for any site plan or multifamily residential use. The amount of electric vehicle charging stations to be required for multifamily residential and nonresidential uses shall be at the discretion of the Planning Board and/or Zoning Administrator.

C. Design criteria. The following criteria shall be applied to the location and design of all EVCS associated with any nonresidential use and multifamily dwellings with 10 or more dwelling units:

(1) Parking. EVCS shall be located in an existing or proposed parking space developed in accordance with the provisions of § 194-18 (Attachments 4 and 5).

(2) Location. EVCS shall not be located in the most convenient or prime parking spaces that would encourage use by non-electric vehicles.

(3) Equipment shelters. Aboveground electric vehicle charging equipment shall be contained in a Milbank enclosure or equivalent equipment shelter.

(4) Cord management. EVCS shall be provided with a cord management system that keeps cords and connectors off the ground when not in use. Cords shall be retractable or the EVCS shall include a place to hang the cord and connector sufficiently above the pedestrian surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(5) Design and screening. Facilities should be able to be readily identified by electric vehicle users, but be compatible with the character and use(s) of the site. The Town may require screening of electric vehicle charging equipment with fences, walls and/or evergreen vegetation.

(6) Equipment protection. Adequate EVCS protection, such as concrete-filled steel bollards, shall be used. Curbing may be used in lieu of bollards if the EVCS is set back a minimum of 24 inches from the face of the curb.

(7) Pavement markings prohibited. No pavement markings or colored pavement shall be permitted other than what is required for standard and accessible parking spaces, and a generic electric vehicle symbol a maximum of four-square feet in size.

(8) Number. Unless the Planning Board or Zoning Administrator determines otherwise, no more than 10% of the total number of parking spaces that are required to serve the use(s) on the site may be electric vehicle parking spaces.

(9) Signs.

(a) In addition to any signs required by law EVCS also may include one sign, a maximum of one square foot in size. Said sign shall: 1) not require a sign permit, and shall not be included in the total number of permitted signs for the lot or use to which the charging station is accessory; 2) shall be incorporated into or affixed to the charging station; 3) shall not be a separate stand-alone sign; and 4) shall not be illuminated, either internally, externally from underneath, above or behind, or with strip lighting or strings of light bulbs.

(b) The following information shall be posted on all EVCS: voltage and amperage levels; hours of operation if time limits or tow-away provisions are to be enforced; usage fees; safety information; and contact information for reporting when the equipment is not operating properly or other problems.

(c) No audio message or audible electronic devices such as loudspeakers and similar instruments shall be permitted.

(d) A small screen/keypad shall be permitted on the EVCS for payment purposes only. With the exception of the foregoing, no visual electronic devices shall be permitted, including but not limited to video screens, television screens, plasma screens, holographic displays, or any other screen that displays moving images.

(e) No other signs on the EVCS or for the electric vehicle parking space shall be permitted, including but not limited to electronic message display signs, off-premises signs, or any other type of advertising, other than as may be required by law.

(10) Lighting. EVCS shall not be internally illuminated, nor shall any external illumination be attached to the EVCS.

(11) Accessibility. EVCS shall be sited so as not to reduce or impede the accessible features of the site, including but not limited to accessible parking spaces, access aisles and routes, as required by the NYS Uniform Code. Accessible EVCS shall comply with the requirements of the NYS Uniform Code.

(12) Maintenance. Electric vehicle charging stations shall be properly maintained in all respects, including the functioning of the charging equipment. Charging stations no longer in use shall be removed immediately.