[Added 3-28-1985 by L.L. No. 5-1985]
In any district where permitted, the Planning Board may grant a special permit to establish the following uses, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this article.
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit hospitals in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
B.
Purposes.
(1)
Flexibility of design and development. Permit flexibility
of design and development in such a way as to promote superior land
planning design, greater efficiency and convenience in the arrangement
of land uses and their supporting infrastructure, preserve open space,
protect floodplains and other natural features and otherwise encourage
the most appropriate use of land.
(2)
Master Plan. Promote a development pattern in harmony
with the objectives of the town's Master Plan.
C.
Standards.
(1)
Setbacks. Buildings shall not be less than 100 feet
from the street line and not less than 200 feet from any property
line.
(2)
Location. Hospitals shall be permitted only in locations
fronting on or having direct access to state or county highways, or
the major collector roads as determined by the Planning Board.
(3)
Coverage. Building coverage, including accessory buildings,
shall not exceed 20% of the lot area, nor shall the sum total of the
land covered with buildings and parking area, including driveways,
exceed 50% of the lot area.
[Amended 6-12-1986 by L.L. No. 4-1986]
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit hotels and motels in any district where permitted, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.[1]
B.
Purposes.
(1)
Flexibility of design and development. Permit flexibility
of design and development in such way as to promote superior land
planning design, greater efficiency and convenience in the arrangement
of land uses and their supporting infrastructure, preserve open space,
protect floodplains and other natural features, and otherwise encourage
the most appropriate use of land.
(2)
Master Plan. Promote a development pattern in harmony
with the objectives of the town's Master Plan.
C.
Standards.
(1)
Use. Use of a hotel or motel site and any buildings
or structures thereon shall be limited to the usual hotel or motel
activities, as defined herein, and accessory uses incidental to the
operation of a hotel or motel, and of the same general character,
including but not necessarily limited to the following, provided that
all accessory uses shall be planned as an integral part of the hotel
or motel and located on the same site therewith:
(a)
Residence. One house or apartment with or without
kitchen facilities for the use of the hotel or motel manager and caretaker
and his family.
(b)
Restaurants. Restaurants, serving either hotel
or motel guests exclusively or the general public, provided that no
music or other sound shall be audible beyond the boundaries of the
lot on which the use is constructed.
(c)
Recreation facilities. Amusement and sport facilities
for the exclusive use of hotel or motel guests, including swimming
pools, children's playgrounds, tennis or other game courts and game
or recreation rooms, and not including membership clubs.
(d)
Parking. Automobile parking garages or carports
for the exclusive use of hotel or motel patrons, and off-street parking
spaces.
(e)
Office and lobby. Office and lobby, provision
of which shall be mandatory for each hotel or motel.
(2)
Occupancy. Occupancy for any guest shall be limited
to not more than 30 days in any ninety-day period. In no case are
hotel or motel units to be used as apartments for nontransient tenants.
(3)
Dimensions.
(a)
Site. The site for each hotel or motel shall
have frontage of at least 400 feet on a state or county highway.
(b)
Setbacks. The minimum setback requirements are
as follows:
|
Minimum
Setback
from
All Roads
(feet)
|
Minimum
Setback
from All
Property Lines
Adjacent to
Residential
Districts
(feet)
|
Minimum
Setback from
All Other
Property Lines
(feet)
| ||
|---|---|---|---|---|
|
Hotels or motels and restaurants
|
50
|
100
|
50
| |
|
Signs
|
25
|
50
|
25
| |
|
All other buildings and structures and all outdoor
facilities
|
50
|
100
|
100
|
(c)
Coverage. All principal and accessory buildings
shall cover a total of not more than 15% of the site.
(d)
Building height. No buildings or structures
shall be more than 35 feet in height.
(e)
Length. The maximum length of any hotel or motel
building shall not exceed 300 feet.
(5)
Access and service roads. Access and service roads
shall be properly related to public streets and highways so as to
avoid unsafe conditions and traffic congestion. Points of ingress
and egress shall be limited to a total of two on any street. No backing
of cars onto any highway shall be permitted.
(a)
Off-street parking. Where a hotel or motel includes
a restaurant or other eating and drinking facilities, required parking
space shall be provided for such facilities, in addition to required
parking spaces for sleeping rooms and other floor space.
[Amended 6-14-2001 by L.L. No. 3-2001]
(b)
Signs. Signs shall be subject to § 194-111, Signs, except that no sign shall be erected which faces an adjacent school, park or residential property, except as set forth above. A sign shall be considered to face a school, park or property if it is located within 200 feet of and/or can be read from such school, park or property.
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit large-scale recreational developments and camps in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
B.
Purposes.
(1)
Flexibility of design and development. Permit flexibility
of design and development in such a way as to promote superior land
planning design, greater efficiency and convenience in the arrangement
of land uses and their supporting infrastructure, preserve open space,
protect floodplains and other natural features and otherwise encourage
the most appropriate use of land.
(2)
Master Plan. Promote a development pattern in harmony
with the objectives of the town's Master Plan.
C.
Eligible uses. The following recreational uses, allowed
in such developments, shall be appropriate in size and suitably located
to serve the needs of the development and shall not create any detrimental
influences inside or outside the boundaries thereof: camps, private
parks, playgrounds, golf courses, membership clubs, riding academies,
recreation resorts, cultural facilities, motels, restaurants and retail
sales facilities clearly incidental to the recreational use.
D.
Standards.
(1)
Location and use. Where such developments do not front
on or have direct access to a major or collector road as determined
by the Planning Board, the intensity of use shall be limited by the
Planning Board to the extent necessary to assure that the expected
average traffic generation of such use will not exceed that which
would be expected if the premises were developed for permitted residential
uses.
(2)
Minimum lot. Minimum area of the recreational development
shall be 50 acres and such development may be considered as one lot.
(3)
Setback. No structure shall be within 250 feet of
any street or property line.
(4)
Landscape buffer area. A landscaped buffer area, meeting at least the minimum requirements of § 194-109, shall be required along all lot lines adjoining properties in residential districts.
[Amended 10-25-2012 by L.L. No. 8-2012]
(5)
Setback special requirements. All active recreational facilities,
such as tennis courts and swimming pools, shall be located out-of-doors
except where the scale of buildings and setbacks are such that they
will relate harmoniously to the existing residential character of
the district in which they are located, and shall be set back from
adjacent residential property boundaries at least twice the minimum
distance required for residential buildings in said district except
that the Planning Board may permit a reduction of this additional
setback requirement where, because of topography or the installation
of additional buffer landscaping and/or fencing, the Planning Board
determines that any potential adverse external effect of such use
can be effectively reduced.
[Amended 10-25-2012 by L.L. No. 8-2012]
(6)
Coverage. Buildings shall not cover more than 15%
of the total area of the development.
(7)
Adverse effects. Appropriate safety measures, devices,
screening or yard as required to avoid or minimize any adverse effects
on the development itself or in the surrounding area shall be provided.
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit churches or other places of worship, schools and libraries in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
B.
Purposes.
(1)
Flexibility of design and development. Permit flexibility
of design and development in such a way as to promote superior land
planning design, greater efficiency and convenience in the arrangement
of land uses and their supporting infrastructure, preserve open space,
protect floodplains and other natural features, and otherwise encourage
the most appropriate use of land.
(2)
Master Plan. Promote a development pattern in harmony
with the objectives of the town's Master Plan.
C.
Applicability.
(1)
Churches. Churches include churches or other places
of worship, including parish houses, church school rooms, convents
or rectories.
(2)
Schools. Schools include public schools and private
or parochial elementary or high schools.
(3)
Public uses. Public uses include nongovernmental uses
operated for public benefit or education such as libraries or similar
institutions.
D.
Standards.
(1)
Location. The uses listed in this subsection may be
permitted only in locations fronting on or having direct access to
state or county highways, or the major collector roads as determined
by the Planning Board.
(2)
Coverage. Building coverage, including accessory buildings,
shall not exceed 20% of the lot area, nor shall the sum total of the
land covered with buildings and parking area, including driveways,
exceed 50% of the lot area. Church cemeteries shall be excluded from
coverage estimates.
(3)
Setbacks.
(a)
Buildings. All new buildings shall be set back
from adjoining properties in residential districts, and street lines
directly opposite properties in residential districts, a distance
equal to at least twice the normally applicable front yard setback
requirement for detached one-family dwellings in the zoning district
in which they are located, but in no case less than 50 feet.
(b)
Existing buildings. Setback requirements may
be modified by the Town Board in cases of conversions of existing
buildings.
(c)
Off-street parking. Off-street parking areas
shall not be permitted in any required front yard, nor in any required
side or rear yard within 20 feet of any adjoining property in a residential
district.
(d)
Church cemeteries and columbariums. Church cemeteries of less than four acres and columbariums shall be subject to the same setbacks as new buildings. Church cemeteries of more than four acres shall be subject to the guidelines and requirements of cemeteries, as set forth in § 194-69, Cemeteries.
[Amended 6-14-2001 by L.L. No. 3-2001]
In any district where permitted, commercial stables and riding academies may be permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
A.
Minimum acreage. The lot is a minimum of 10 acres.
B.
Setback. No building in which horses are kept shall
be closer than 250 feet to any adjoining lot line.
C.
Shelter. The horses shall be stabled or housed in
a structure with adequate shelter, ventilation, light and drainage.
D.
Feed containers. All feed shall be stored in rodentproof
containers.
E.
Storage of manure. No storage of manure shall be permitted
to exceed 10 cubic yards in quantity to be located within 250 feet
of a property line, watercourse or wetland area. Additionally, adequate
provision for manure management shall be reviewed and approved by
the Zoning Board of Appeals.
F.
Dwelling units. There shall be no dwelling unit in
the same building in which horses are stabled or housed, except as
specifically authorized by the Zoning Board of Appeals as part of
the special permit. The Zoning Board can grant such permit only on
a finding that no health hazard will be created, shall only be for
a professional caretaker for the stable, and the dwelling unit shall
meet all applicable building, housing, fire and sanitary codes.
G.
Confinement. Horses shall be adequately confined to
protect life and property.
H.
Dude ranches. Dude ranches shall not be allowed under
this section.
I.
Number of horses. In no event shall the number of
horses allowed exceed one horse per half acre of land. However, the
Zoning Board of Appeals may further limit the number of horses based
upon considerations of land terrain, such as steep slopes or wetlands.
J.
Site plan. Site plan approval by the Planning Board
is required.
K.
Other. All applicable standards for farms shall be
met.
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit nursing homes and alternative care housing in all residential districts, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.[1]
B.
Purposes.
(1)
Flexibility of design and development. Permit flexibility
of design and development in such a way as to promote superior land
planning design, greater efficiency and convenience in the arrangement
of land uses and their supporting infrastructure, preserve open space,
protect floodplains and other natural features and otherwise encourage
the most appropriate use of land.
(2)
Master Plan. Promote a development pattern in harmony
with the objectives of the town's Master Plan.
(3)
Make alternative care housing possible. Make alternative
care housing possible for those persons who are unable to live independently
at a particular time.
(4)
Well balanced population. Achieve a well balanced
population through the utilization of a controlled growth approach.
(5)
Integration. Achieve an acceptance of integration
of alternative care housing residents into the community without creating
a negative environment for the residents of the alternative care housing
facility, as well as the residents of the community.
C.
Applicability. This section applies to nursing homes
and alternative care housing (ACH). Alternative care housing (ACH)
facilities include but are not limited to community residences, supervised
living facilities, supportive living facilities, family care homes,
private property homes for adults, proprietary homes for adults, proprietary
residences for adults, boarding and rooming houses, nursing homes,
domiciliary care facilities, residential schools for the developmentally
disabled, and other like facilities as determined by the Planning
Board. The permitting of the above facilities in all residential districts
by special permit shall be in accordance with the purposes, standards
and procedures as follows.
D.
Standards.
(1)
Number of facilities. The Community Environment Standards
adopted in a Statement of Principle by the State Department of Mental
Hygiene and the State Board of Social Welfare states that: "A concentration
of residences in a single neighborhood would be detrimental not only
to the community, but to the clients of the facility as well." To
avoid a negative impact on the neighborhood as well as the residents
of alternative care housing, the approval shall be limited to one
facility within a one-mile radius. The one-mile radius shall be measured
from closest lot line to closest lot line.
(2)
Location. The uses listed in this subsection may be
permitted only in locations fronting on and having direct access to
state or county highways, or the major or collector roads as determined
by the Planning Board.
(3)
Site size. The minimum site size shall be four acres.
(4)
Density. The maximum density requirements are as follows:
|
Residential Zoning District
|
Maximum Number of
Resident Beds Permitted
| |
|---|---|---|
|
R-4
|
6 Beds/Acre
| |
|
R-2
|
6 Beds/Acre
| |
|
R-1
|
6 Beds/Acre
| |
|
R-1/2
|
6 Beds/Acre
| |
|
R-1/3
|
6 Beds/Acre
| |
|
R-1/4
|
6 Beds/Acre
|
(5)
Dimensions. The setbacks, height, bulk and minimum
frontage for the underlying zoning district shall apply, but in no
case shall structures other than a fence, wall or sign encroach onto
a minimum front, side and rear yard of 100 feet; in no case shall
parking be placed closer to a front, side or rear property line than
25 feet; and in no case building coverage, including accessory buildings,
shall exceed 10% of the lot area, nor shall the sum total of land
covered with buildings and parking, including driveways, exceed 30%
of the lot area, within any residential district.
(6)
Buffer area. A landscaped buffer area shall be required
to screen and protect neighboring residential properties from the
view of uses and parking areas on the site. It shall be at least 10
feet in depth along any lot line abutting or directly across the street
from a lot in a residential district. The buffer shall be of evergreen
planting of such type, height and spacing as determined by the Planning
Board. The plan and specifications for such planting shall be filed
with the approved plan for the use of the lot. A wall, or fence of
location, height and design approved by the Planning Board may be
substituted for the required planting.
(7)
Visual impact. The visual impact of the facility should,
to the extent possible, be consistent with the residential character
of the zoning district. Signs shall not be more than 10 square feet
in area and illuminated only by indirect lighting. All lighting shall
be indirect so that the source is not seen from adjacent residential
property. Wherever appropriate and possible, landscaping shall be
provided to screen parking areas and buildings from the road and adjacent
residential property.
(8)
Recreation. Provisions for recreation for ACH residents
shall be provided with at least 10% of the total land area developed
for both active and passive outdoor recreational uses.
(9)
Parking. A minimum of one parking space per each two
resident beds is required on the site, with a minimum of six spaces.
One off-street loading space shall be provided for each 100 patient
beds or major portion thereof.
(10)
Occupancy and building type. The building may
be occupied only by patients, staff members and the family of the
owner or of one staff member. Any building to be used for convalescent
or nursing home purposes shall be of fireproof construction and not
more than two stories in height.
(11)
Building codes. New and/or existing structures
shall be constructed, altered and renovated in accordance with the
New York State Uniform Building and Fire Code and the regulatory agency(s)
construction code and subject to County Health Department and Town
Fire Department approvals.
(12)
Other requirements. In addition to the special
standards described above, convalescent nursing homes and alternative
care housing shall comply with any other requirements of the Zoning
Chapter, including the general standards applicable to special permits,
and all other applicable laws and regulations governing convalescent
and nursing homes and alternative care housing.
E.
Procedure.
(1)
Application. Information to accompany the site plan
and application shall include:
(a)
Classification. Specific classification of the
residence and the name of the regulatory agency(s).
(b)
Correspondence. Copies of all correspondence
between the applicant and the regulatory agency(s).
(c)
Types of residents. Types of residents to be
housed.
(d)
Number of residents. Current, expected and projected
number of residents to be housed.
(e)
Employment. Will residents need employment?
(f)
Community facilities needed. What community
facilities and services will the residents require. Will residents
become the responsibility of the school system?
(g)
Integration plan. Describe the plan to integrate
the residents into the community socially-economically.
(h)
Number of employees. Number of staff-employees
residing on the premises, and number of nonresident staff-employees.
(i)
Community services needed. What community services
will the facility require, i.e., sewerage, water, utilities, refuse,
postal service, etc.? How provided?
(j)
Transportation plan. Describe transportation
methods to be provided to serve residents' needs and proposed traffic
generation and circulation date.
(k)
Recreation plan. Describe planned active and
passive activities providing pleasant occupations, amusements and
diversions.
(l)
Operating plan. Operating plan as it pertains
to the other items.
(m)
Other. Other information requested by the Planning
Board.
(2)
Other approvals and procedures. Special permit approval
is subject to the licensing procedures of the County and State Department
of Mental Hygiene, Department of Social Services, and the Board of
Social Welfare, or any other appropriate state or county agency. A
certificate of occupancy shall not be issued by the Zoning Enforcement
Officer until a license is granted and a copy presented to the Planning
Board. Any change to the current status shall require a new special
permit application.
[Added 6-12-1986 by L.L. No. 3-1986; amended 6-14-2001 by L.L. No. 3-2001; 2-27-2014 by L.L. No.
2-2014]
A.
Authority of the Planning Board. Authority is hereby granted to the Planning Board, Town of East Fishkill, to permit day-care facilities by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
B.
Purposes. To provide facilities for the care of young children (under
six years of age) during the normal business day so that parents and
guardians may have work opportunities enhanced, play and social interaction
opportunities for their children increased and learning opportunities
provided.
D.
Family day-care home standards. Family day-care homes must meet the
following standards:
(1)
The Planning Board must find that the home is a private residence
and meets all applicable zoning requirements.
(2)
The proposed provider must be certified by the Dutchess County Department
of Social Services or its appointed agent that he or she meets the
requirements of the Department and has received clearance from the
Central Registry on Child Abuse.
(3)
A map, drawing or photograph shall be submitted to the Planning Board
sufficient for the Board to make a determination that automobile access,
egress and dropoff is safe and within reasonable proximity to the
house. The Planning Board may waive further site plan review. It shall
be the intent of this section that the special permit be granted within
one meeting if the above requirements are met.
E.
Day-care centers or nursery school day-care centers must meet the
following standards:
(1)
State regulatory compliance. The center's operator shall show compliance
with the regulations of the New York State Department of Social Services.
(2)
Location. Day-care centers shall only be located within the B-1 and
PRDP Districts fronting on, and with access to, state or county roads
or major local roads providing an arterial or collector function as
determined by the Planning Board.
(3)
Dimensions. The setbacks, height, bulk and minimum frontage for the
underlying zoning district shall apply. However, in no case shall
any building be less than 100 feet from an adjacent residence nor
shall parking be placed closer to a front, side or rear property line
than 25 feet.
(4)
Parking. A minimum of one parking space for each employee shall be
provided and visitor and dropoff parking in the amount of one space
per five children.
(5)
Site plan review. The proposed use shall be subject to site plan
review by the Planning Board. The Board shall particularly examine
any proposed facility in a residential district to be certain that
the visual impact of the facility is, to the extent possible, consistent
with the character of the zoning district.
A.
Applicability. This section shall apply to any structure
within the Town of East Fishkill that is listed on the National Register
of Historic Places or that is included in the Historic Structures
Survey, dated June 1984, for the Town of East Fishkill, as amended
from time to time by the Town Board.
B.
Purpose. The purpose of this section is to assist
in the preservation of the cultural heritage of the Town of East Fishkill
by allowing specialized uses to be permitted in structures of historic
and architectural merit.
C.
Uses permitted by special permit. The following uses may be permitted by special permit granted by the Planning Board, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
(1)
Specialized business uses of low traffic volume, normally
associated with history, the arts or cultural uses, appropriate to
the structure and compatible with the neighborhood. Such uses may
include:
(2)
Residential or professional uses, provided that they
are appropriate to the structure, compatible with the neighborhood
and are located on a state or county road that can accommodate increased
traffic. These uses may include the following:
D.
Requirements of special permit.
(1)
A site plan shall be submitted to the Planning Board
to accompany any special permit application for historic structures.
The site plan shall be accompanied by schematic architectural drawings
which shall show the existing conditions of the structure, and the
proposed restoration. The Planning Board shall receive a report from
the Architectural Review Board (ARB) as to the appropriateness of
the proposed restoration and its compliance with the Secretary of
the Interior's national standards for the restoration of historic
structures. Upon receipt of the ARB report, the Planning Board must
make the following findings before approval is granted:
(a)
The exterior (and where appropriate, the interior)
restoration shall maintain the architectural and historic integrity
of the structure.
(b)
The proposed use is compatible with the neighborhood
and activities permitted within the structure can adequately be buffered
from any surrounding residential home.
(c)
The resulting traffic generation will not overburden
existing roads and adequate parking can be provided without unduly
destroying the landscape or the setting of the structure.
(d)
The proposed use is appropriate to the structure,
will aid in the preservation of the structure and will not result
in undue additions or enlargement to the structure.
[Added 2-19-1987 by L.L. No. 2-1987]
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill to permit subdivision recreation areas in any district where permitted, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
[Amended 6-14-2001 by L.L. No. 3-2001]
B.
Purposes.
(1)
Purpose and intent. Provision of recreational services
as an integral part of a subdivision plan. It is the intent of this
section to provide the Planning Board with flexibility to allow the
provision of accessory and subordinate recreational services to serve
the needs of residents of a subdivision. Such recreation areas might
include facilities such as tennis courts, swimming pools, club house
facilities and other recreational uses. They are not intended to be
open to the public or persons other than residents of the subdivision
they are designed to serve.
(2)
Compatibility with neighborhood. At the same time,
these facilities should be designed in a manner which is harmonious
with the town's Master Plan and the neighborhood character of the
subdivision being created.
C.
Standards.
(1)
Requirements. The recreation area shall at least meet the standards of § 194-95, Private swimming pools and tennis courts, as to enclosures, coverage and setback requirements. Where required, the Planning Board can impose more stringent requirements.
(2)
Area. The Planning Board shall be satisfied that the
size of the recreation area is sufficient to serve its intended purposes.
(3)
Landscape buffer areas. A landscaped buffer area shall
be required along all lot lines adjoining properties in residential
districts in order to assure compatibility with neighboring residential
uses.
[Amended 10-25-2012 by L.L. No. 8-2012]
D.
Maintenance. The Planning Board shall be satisfied
that the facilities to be constructed will be adequately maintained
and supervised, either through a homeowner's association or other
appropriate means.
[1]
Editor's Note: Former § 194-66, Stationary Solicitors,
Peddlers, and Vendors, was repealed 9-22-2022 by L.L. No. 7-2022.
[Added 10-24-1996 by L.L. No. 11-1996; amended 6-14-2001 by L.L. No. 3-2001; 10-25-2012 by L.L. No.
8-2012; 3-24-2016 by L.L. No. 2-2016]
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit outdoor recreation developments in B-1 zones, by special permit, provided that the Board finds that the application meets all the general conditions of Article IX and further meets all the applicable conditions set forth in this section.
B.
Purposes.
(1)
Flexibility of design and development. Permit flexibility
of design and development in such a way as to promote superior land
planning design, greater efficiency and convenience in the arrangement
of land uses and their supporting infrastructure, preserve open space,
protect floodplains and other natural features, and otherwise encourage
the most appropriate use of land.
(2)
Master Plan. Promote a development pattern in harmony
with the objectives of the town's Master Plan.
C.
Eligible uses. The following recreational uses are
allowed in such developments:
(1)
Golf driving range.
(2)
Miniature and pitch and putt golf.
(3)
Golf putting greens.
(4)
Baseball/softball batting cages.
(5)
Tennis courts.
(6)
Freestyle ice skating and such other uses as the Zoning
Board may deem similar to those above listed, and in conformance with
the definition of outdoor recreation developments.
(7)
Multipurpose athletic fields.
D.
Permissible accessory uses. Outdoor recreation uses
may be accompanied by customary accessory uses, incidental to the
primary use. Permissible indoor activities must be clearly subordinate
to and accessory to the primary outdoor use. Permissible indoor activities
may include food service facilities, meeting and assembly rooms, video
computer game facilities, sales of sport or exercise-related equipment
or clothing, and other similar customary accessory uses. Permissible
accessory uses shall not include the sale, serving or consumption
of alcoholic beverages. Billiards and pool are not included as permissible
accessory uses.
E.
Standards.
(1)
Location and use. Such development shall have frontage
on a state highway, and such frontage shall be used as the sole means
of access to the site.
(2)
Minimum lot size. Minimum lot size for a recreational
development shall be 10 acres.
(3)
Building setbacks. No building shall be closer than
100 feet from the front property line, 100 feet from the rear property
line, or 50 feet from a side line. Where an outdoor recreation development
abuts a residential zone, the minimum building setback shall be:
|
Front
|
100 feet
| |
|
Rear
|
200 feet
| |
|
Side
|
100 feet
|
(4)
Setbacks for recreation activities: All active recreational
facilities, including driving ranges and batting cages, shall be set
back at least the following minimum distances from the property line:
|
Front
|
100 feet
| |
|
Rear
|
25 feet
| |
|
Side
|
25 feet
|
(5)
Where any property line of an outdoor recreation development
abuts a residential zone, the minimum setback on any property line
abutting a residential district shall increase to:
|
Front
|
100 feet (no increase)
| |
|
Rear
|
50 feet
| |
|
Side
|
50 feet
|
(6)
Setback and landscape buffer: parking. All parking facilities shall meet the minimum parking setback and landscaping requirements of § 194-116 of the East Fishkill Code.
(7)
Landscape buffer area facing residential property
lines. A landscape buffer of not less than 25 feet in depth shall
be provided along any lot line abutting or directly across the street
from a lot in a residential district. The Planning Board may require
the amount and depth of the landscaping to be increased to ensure
adequate buffering from any visual and noise impacts associated with
outdoor recreational uses.
(8)
Building coverage. Buildings shall not cover more
than 5% of the total area of the development.
(9)
Total lot coverage. The total lot coverage of buildings
and paved areas shall not exceed 35%. Golf driving ranges and greens
shall be counted as open space, so long as they are used for no other
purpose. If they are used for other purposes, they shall be counted
as improved space for purposes of coverage.
(10)
Off-street parking. Parking shall be provided
as follows:
(a)
Parking requirements.
|
Batting cage or driving range station
|
1.1 space for each tee or station
| |
|
Tennis courts
|
2.5 spaces for each court
| |
|
Miniature golf
|
2 spaces per hole for the first 18 holes, and
1 space per hole for any additional holes
| |
|
Pitch and putt
|
25 spaces per nine holes
| |
|
Ice skating rink
|
1 per 200 square foot of rink area
| |
|
Meeting/assembly space
|
0.35 spaces per person of permitted maximum
occupancy
| |
|
Softball/baseball field
|
30 spaces per backstop
| |
|
Multiuse field (not specified above)
|
30 parking spaces per field
|
(b)
Parking relief. The Planning Board may grant relief from the parking
requirements listed above provided the applicant can demonstrate the
parking provided is sufficient for the site and shall not adversely
affect the traffic, safety and welfare of the residents of the Town
of East Fishkill. The Planning Board may require the applicant to
submit a parking study demonstrating the parking demand for the proposed
use based on data from the Institute of Traffic Engineers (ITE), field
data and other appropriate source material. The scope or detail of
such reports or studies shall be determined by the Planning Board.
Such reports or studies shall be paid for by the applicant.
(11)
Fencing. Active recreational facilities such
as tennis courts, batting cages, golf driving ranges, shall be fenced
in a manner sufficient to meet applicable standards regulating such
uses, and subject to the review and approval of the Planning Board
relative to location, type, color, height and width of such fencing.
(12)
Emergency access and circulation. Emergency access and adequate
circulation shall be provided for every athletic field and use on
the site.
(13)
Athletic field/sports lighting. At the discretion of the Planning
Board, outdoor recreation developments may be accompanied by athletic
field/sports lighting. The Planning Board may establish conditions
related to the design (height and appearance) and operation of the
athletic field/sports lighting that it deems necessary and appropriate,
based upon circumstances that exist at the time of the granting of
the special permit.
(14)
Operational restrictions. At the discretion of the Planning
Board, outdoor recreation developments may be accompanied by operational
restrictions that limit the site's hours and days of operation to
avoid noise, lighting and traffic impacts to neighboring properties.
(15)
Public assembly. A permit for public assembly per § 68-3 is required for any event where the property will be used for the assembly of persons in excess of an amount to be determined by the Planning Board at the time they issue the special permit.
(16)
Traffic management plan (TMP). For any event where the property
will be used for the assembly of persons in excess of an amount to
be determined by the Planning Board at the time they issue the special
permit, the Planning Board may require the preparation of a traffic
management plan (TMP) that describes how traffic, vehicle and pedestrian
circulation, parking (including bus parking) and emergency response
would be managed at the site during a special event.
(17)
Permissible accessory uses. Outdoor recreation developments
may be accompanied by customary accessory uses, incidental to the
primary use. Permissible activities must be clearly subordinate to
and accessory to the primary outdoor recreational use. Permissible
activities may include snack bar facilities, restrooms, bleacher/sitting/viewing
areas.
(18)
The outdoor recreation developments, including accessory structures,
buildings, parking areas, and outdoor storage areas, shall be screened
from any surrounding uses as required by the Planning Board. The type
of screening shall be at the discretion of the Planning Board, based
on consideration of protecting surrounding uses by minimizing potential
visual and noise impacts.
(19)
Community benefit. The owner shall enter into a written agreement
with the Town regarding the use of the outdoor recreation development
facility. The agreement shall specify the community benefits that
shall be provided to Town residents for recreation as well as large-scale
assembly.
(20)
Fees. For application fee purposes, the outdoor field/turf area
will be calculated at the same rate as other site plans, except any
interior field/turf areas will be calculated at a rate to be set by
the Town Board on an annual basis.
(21)
Additional conditions. The Planning Board may, in its discretion,
establish additional conditions that it deems necessary and appropriate,
based upon circumstances that exist at the time of the granting of
the special permit, including the prohibition of certain uses.
[Added 11-14-2002 by L.L. No. 9-2002]
A.
Authority of Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to permit shared driveways in all residential districts and business/residential split zone parcels by special permit, provided that the Board finds that the application meets all the general conditions of Article IX (Special Permits) and further meets all of the applicable conditions set forth in this section.
[Amended 2-28-2019 by L.L. No. 3-2019]
C.
Standards.
(1)
Maximum number of lots. The maximum number of
lots sharing a driveway shall be three.
(2)
Minimum area of each lot (not including any
portion of shared driveway): 1.5 acres.
(3)
Width. The width of the traveled way of the
shared portion of the driveway shall be 16 feet with a two-foot cleared
shoulder on each side.
(4)
Length. The shared portion of the driveway shall
in no event be longer than 1/4 mile.
(5)
Agreements for construction and maintenance.
Appropriate legal agreements/declarations shall be provided to assure
proper construction and maintenance of the driveway.
(6)
Buffering/Screening. Where appropriate, the
Board may require additional screening or buffering to insure privacy
to lots.
(7)
Shared driveways shall be constructed to the standards of the driveway specifications in the Town Highway Specifications (presently § A197-76).
(8)
The applicant must prove to the satisfaction
of the Planning Board that each lot proposed to be served by a shared
driveway could have had a driveway approved within the confines of
the lot itself and serving said lot, such shared driveway provides
a direct benefit to the Town, and such shared driveway has a shallower
grade than an approvable separate driveway would have had. Shared
driveways shall have a grade no greater than 10%.
[Added 10-26-2006 by L.L. No. 4-2006]
(9)
Construction of a shared portion of a driveway must be completed
for any dwelling unit utilizing that driveway before the building
permit is issued by the Building Department.
[Added 10-28-2010 by L.L. No. 6-2010]
(10)
Split zone lots. Shared driveways may be permitted on business and residential split zone parcels, provided the following conditions are met: Each lot sharing the driveways must be at least three acres, located on a state or county road and within the New York City Department of Environmental Protection (NYCDEP) Watershed to reduce the potential for impacts to environmentally sensitive watershed lands. Split zone lots are exempt from the shared driveway standards in § 194-67.1C(8) except that shared driveways shall have a grade no greater than 10% and shall be required to meet all other applicable standards set forth in § 194-67.1C.
[Added 2-28-2019 by L.L.
No. 3-2019]
[Added 3-19-2015 by L.L.
No. 2-2015; amended 6-22-2017 by L.L. No. 2-2017]
A.
Purpose; authorization for special permit. It is the purpose of this
section to encourage the development of well-designed alternative-care
housing in the form of assisted living and congregate care facilities
for disabled persons and individuals 55 years of age or older. It
has been determined that the physical integration of alternative-care/assisted
living and congregate care facilities along major state highways in
residential areas will provide a more coherent land use pattern while
imposing minimal impacts thereby preserving property values. Limiting
these facilities to large parcels of property will maintain the visual
and aesthetic environment. Further, a properly designed and operated
assisted living or congregate care facility will provide area residents
with employment opportunities. The Planning Board is therefore hereby
authorized to issue a special permit for assisted living and congregate
care facilities on sites which meet the eligibility criteria and other
requirements set forth below.
B.
Requirements. An application for an assisted living or congregate
care facility shall be subject to the following requirements:
(1)
Site eligibility criteria. Applicants for a special permit for
assisted living or congregate care facilities shall meet the following
site eligibility criteria.
(a)
The site may be located within any Zoning District except the
"I" Zones;
(b)
The site shall be within one mile from the intersection of Route
82 and Route 376 in the Hopewell Hamlet, and the site must have at
least one lot line that crosses this radius.
(c)
Access to the site must be from a state or county highway.
(d)
Municipal or centralized water and sewers must be provided or
capable of being provided to the site as well as electric, cable and
telephone.
(e)
The minimum permitted lot area shall be five acres (net lot
area). To calculate net lot area, the area of any lands subject to
easements, rights-of-way, encumbrances, slopes in excess of 20% and
NYSDEC or federal wetlands shall be deducted from the parcels gross
acreage. The site must be of sufficient acreage as of the effective
date of this section to be eligible for consideration.
(2)
Lot and bulk requirements. Applications for a special permit
for assisted living or congregate care facilities shall comply with
the following lot and bulk regulations:
(a)
Minimum lot area: five net acres, as defined above.
(b)
Density: 14 beds/units per acre of gross lot area.
(c)
Minimum lot width: 50 feet.
(d)
Maximum building coverage: 30%.
(e)
Maximum lot coverage: 65%.
(f)
Maximum building height: three stories/36 feet; 50 feet to roof
peaks.
(h)
Required parking: two spaces for each four beds.
(3)
Permitted accessory uses. The following accessory uses shall
be permitted:
(a)
Adult day care and memory care;
(b)
Physical and memory rehabilitation services, regardless of age
of recipient of services, but no drug or alcohol rehabilitation services
shall be permitted;
(c)
Caretaker's residence;
(d)
Off-street parking;
(e)
One freestanding sign not exceeding 25 square feet shall be
permitted within a front yard, and shall be set back not less than
10 feet from any boundary line. The base of any such freestanding
sign shall be mounted within a landscaped monument of stone, brick
or other natural material as approved by the Planning Board.
(4)
Landscaping. Each assisted living or congregate care facility
will provide suitable landscaping in accordance with the standards
set by the Planning Board and as may otherwise be required in the
Town Code for site plans.
(5)
Miscellaneous.
(a)
All assisted living or congregate care facilities shall be subject
to site plan approval.
(b)
Utility service to the site shall be underground.
(c)
Outdoor public address systems or other outdoor amplified noise
shall be prohibited.
(d)
The architectural style of the proposed development, exterior
materials, finish and color shall be consistent with existing community
and neighborhood character, and approved by the Architectural Review
Board.
(e)
No building permit shall be issued for an assisted living or
congregate care facility unless connection to municipal or centralized
water and sewer services has been approved by the agency or authority
having jurisdiction over such connection.
(f)
The minimum rental period shall be one year.
[Added 9-24-2015 by L.L.
No. 4-2015]
A.
Authority of the Planning Board. Authorization is hereby granted to the Planning Board, Town of East Fishkill, to allow flexibility in the creation of certain lots within the I-1 Zoning District, subject to the issuance of a special permit, which shall be based upon a finding that the application meets all of the general conditions of Article IX, and further meets all of the applicable standards and requirements set forth in this section.
B.
Purposes.
(1)
The purposes of this section are:
(a)
To permit flexibility in the design and creation of new lots
in the I-1 Zoning District on any site which previously received final
site plan approval from the Planning Board for single tenant or single
ownership use, and which otherwise meets the conditions set forth
in this section.
(b)
To encourage and facilitate the redevelopment and reoccupancy
of existing light industrial sites.
(c)
To further attract high-value industry into areas near the Interstate
84 corridor, consistent with the goals and objectives of the Master
Plan.
(2)
It is determined that this intent cannot be achieved through
the use of traditional bulk and dimensional regulations, the application
of which may be inimical to the ability to foster the most economic
and efficient use of such existing industrial sites, in a manner which
takes advantage of the most advanced techniques of land development.
C.
Eligibility.
(1)
No application shall be considered hereunder, unless the lot
or lots for which the special permit is intended are within the I-1
Zoning District, and are part of any underlying site comprised of
improved real property, having a total minimum area of 150 acres,
which site has previously received final site plan approval from the
Planning Board.
(2)
The site shall be partially or wholly improved within the I-1
Zoning District, and shall be proposed for reuse and/or redevelopment
as part of any special permit application hereunder.
(3)
The site shall have a minimum of two existing access points
from a state highway, at least one of which shall be signalized.
D.
Standards.
(1)
Subject to the issuance of a special permit by the Planning
Board, all dimensional and bulk regulations set forth in the Zoning
Code, including the Schedule of Bulk Regulations[1] and applicable supplementary bulk regulations,[2] shall not apply to any lot or lots approved hereunder.
[1]
Editor's Note: The Schedule of Bulk Regulations is included as an attachment to this chapter.
(2)
If a site meets the eligibility requirements set forth in § 194-67.3C above, then all determinations relating to bulk and dimensional standards, including frontage, setbacks, buildings covered, floor area ratios, and parking and loading requirements for any lot or lots subject to a special permit review hereunder, shall be made treating the entire site as a single unit; provided, however, that access and infrastructure shall be shared by any lot approved. The Planning Board may consider user-defined parameters in lieu of the standards in the Supplementary Off-Street Parking Regulations,[3] provided that adequate documentation is provided by the
applicant in support of such parameters.
(3)
As set forth in § 194-67.3C and D above, any eligible site hereunder shall continue to be treated as a single unit pursuant to a final site plan approval previously granted by the Planning Board. Accordingly, upon the issuance of a special permit pursuant to this section, no further site plan review and approval shall be required for any lot or lots reviewed and approved hereunder, unless:
(a)
There is a new use and related improvements proposed for any lot or lots which are vacant and unimproved at the time such special permit application is made, and such use and improvements otherwise require site plan approval in accordance with Article VII of this chapter; or
(b)
If there is physical expansion proposed for any lot or lots
with improvements thereon at the time a special permit application
is made hereunder, and such physical expansion would increase the
area of any existing site improvements by more than 4,000 square feet,
provided that the proposed expansion does not otherwise increase the
occupancy of any existing building, or generate the need to construct
five or more additional parking spaces.
(4)
Subject to the issuance of a special permit by the Planning
Board, any eligible site hereunder may, for purposes of dedication,
the creation of rights-of-way, sale, lease, mortgage, or other disposition
or financing, be subdivided or re-subdivided, converted to condominium
or cooperative ownership, or otherwise divided into lots, parcels
or tracts, which may be sold, leased, mortgaged, or otherwise alienated
or encumbered, without regard to any minimum lot area or any other
dimensional, bulk or off-street parking/loading requirements set forth
in the Zoning Code.
(5)
Reciprocal easements and/or agreements that address common access,
shared parking, stormwater systems, and utilities shall be developed
to ensure the future operation and maintenance of the infrastructure
servicing any lot or lots approved hereunder.
[Added 2-13-2020 by L.L. No. 1-2020]
A.
Purpose; authorization for special permit.
(1)
It is the purpose of this section to encourage the development
of well-designed alternative housing in the form of complexes providing
apartments exclusively for occupancy by individuals 55 years of age
or older, hereinafter referred to as "senior independent living apartment
complexes." It has been determined that there exists a need for an
alternative to traditional single-family housing for individuals 55
years of age or older based upon population demographics and the difficulties
associated with maintaining larger single-family residences and the
costs attendant to same on post-full-time-employment incomes. Locating
such senior independent living apartment complexes along major state
highways in residential areas will provide a more coherent land use
pattern while imposing minimal impacts, thereby preserving property
values. Limiting these senior independent living apartment complexes
to large parcels of property will maintain the visual and aesthetic
environment. Such senior independent living apartment complexes shall
not be required to provide any services but shall not be precluded
from doing so, provided that the residents thereof shall not be required
to purchase any services as a condition of occupancy.
(2)
The Planning Board is therefore hereby authorized to issue a
special permit for senior independent living apartment complexes on
sites which meet the eligibility criteria and other requirements set
forth below.
(a)
Requirements. An application for a senior independent living
apartment complex shall be subject to the following requirements:
[1]
Site eligibility criteria. Applicants for a special
permit for a senior independent living apartment complex shall meet
the following site eligibility criteria:
[a]
The site may be located within any Zoning District
except the "I" Zones.
[b]
The site shall be located within a one-mile radius
from the intersection of Route 82 and Route 376 in the Hopewell Hamlet,
and the site must have at least one lot line that crosses this radius.
[c]
Access to the site must be from a state or county
highway.
[d]
Municipal or centralized water and sewers must
be provided or capable of being provided to the site as well as electric,
cable and telephone.
[e]
The minimum permitted lot area shall be five acres
(net lot area). To calculate net lot area, the area of any lands subject
to easements, rights-of-way, encumbrances, slopes in excess of 20%
and NYSDEC or federal wetlands shall be deducted from the parcel's
gross acreage.
[2]
Lot and bulk requirements. Applications for a special
permit for senior independent living apartment complexes shall comply
with the following lot and bulk regulations:
[a]
Minimum lot area: five net acres, as defined above.
[b]
Density: 10 apartment units per acre of gross lot
area. The maximum number of units will be regulated by the State Environmental
Quality Review (SEQR) process and other site constraints as determined
by the Planning Board.
[c]
Minimum lot width: 50 feet.
[d]
Maximum building coverage: 30%.
[e]
Maximum lot coverage: 65%.
[f]
Maximum building height: three stories/36 feet;
50 feet to roof peaks.
[h]
Required parking: 1.5 spaces for each apartment
unit plus visitor parking in an amount determined by the Planning
Board to be adequate for such purposes based on industry standards.
(b)
Permitted accessory uses. The following accessory uses shall
be permitted:
[1]
Caretaker's residence;
[2]
Off-street parking;
[3]
One freestanding sign not exceeding 25 square feet
shall be permitted within a front yard, and shall be set back not
less than 10 feet from any boundary line. The base of any such freestanding
sign shall be mounted within a landscaped monument of stone, brick
or other natural material as approved by the Planning Board.
[4]
Landscaping. Each senior independent living apartment
complex will provide suitable landscaping in accordance with the standards
set by the Planning Board and as may otherwise be required in the
Town Code for site plans.
[5]
Miscellaneous.
[a]
Each senior independent living apartment complex
shall be subject to site plan approval.
[b]
Utility service to the site shall be underground.
[c]
Outdoor public address systems or other outdoor
amplified noise shall be prohibited.
[d]
The architectural style of the proposed senior
independent living apartment complex, exterior materials, finish and
color shall be consistent with existing community and neighborhood
character, and reviewed by the Architectural Review Council (ARC).
[e]
No building permit shall be issued for a senior
independent living apartment complex unless connection to municipal
or centralized water and sewer services has been approved by the agency
or authority having jurisdiction over such connection.
[f]
The minimum rental period for any senior independent
living apartment shall be one year.
[Added 2-13-2020 by L.L. No. 1-2020]
A.
Purpose: to permit contractors' businesses and commercial vehicle
storage yards on agricultural parcels by special permit in a way that
ensures that the use is compatible with the surrounding area and protects
the public health, safety and welfare of the community.
B.
Standards and requirements.
(1)
Contractors' yards and commercial vehicle storage yards are
permitted on agricultural parcels with an agricultural exemption and
greater than 15 acres in size.
(2)
No more than 5% of any agricultural parcel may be used as a
contractor's yard or commercial vehicle storage yard.
(3)
Contractors' yards and commercial vehicle storage yards located
on agricultural land in a residential zone must be located at least
150 feet from any residential parcel and fully screened from any public
right-of-way or residential/commercial use.
(4)
Adequate access shall be provided to all areas of the facility
for emergency vehicles.
(5)
The outside storage of materials shall conform to the following:
(a)
Materials and equipment shall be located within a designated
area shown on a site plan.
(b)
The outside storage area shall be screened from public view
by either a six-foot-high fence that is opaque or solid or a natural
barrier composed of native species or a combination thereof. The Planning
Board may require alternative or additional screening or landscaping
as necessary.
[1]
An existing vegetative buffer of at least 10 feet
in width may be substituted for the fence or natural barrier at the
discretion of the Planning Board.
(c)
The outside storage area shall have the following setbacks:
|
Zone
|
Front Yard
(feet)
|
All Other Yards
(feet)
|
|---|---|---|
|
Residential zones
|
150
|
150
|
|
Business zones
|
50
|
30
|
|
Industrial zones
|
25
|
15
|
(d)
No storage of any hazardous materials will be permitted.
(e)
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.
(6)
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.
(7)
The processing of materials shall not be permitted.
(8)
Transport of materials in and out of the site shall be conducted
between 6:00 a.m. and 8:00 p.m., Monday through Saturday, except under
emergency circumstances.
(9)
The site shall be maintained in an orderly and safe condition
at all times.
