[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 2-11-2002 by L.L. No. 3-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales, tag sales and yard sales — See Ch. 89.
Peddling and soliciting — See Ch. 111.
Zoning — See Ch. 171.
As used in this chapter, the following terms shall have the meaning indicated:
ANNUAL PERMIT
Any outdoor sales operation which lasts for more than 30 days shall apply for an annual permit. Such annual permit shall expire one year from the date the original permit was granted by the Planning Board.
OUTDOOR SALES OPERATION
The use of land on a commercial property for the sale of merchandise or food conducted outside of a building generally from a stand, handcart or other such fixture. Such operations do not include sidewalk sales, block sales or other such organized events.
TEMPORARY PERMIT
An outdoor sales operation which lasts for 30 days or less.
No outdoor sales operation shall be conducted without first obtaining a permit as herein required.
A. 
Applications for an outdoor sales operation shall be filed as follows:
(1) 
In the case of a temporary permit: with the Code Enforcement Officer.
[Amended 5-24-2010 by L.L. No. 6-2010]
(2) 
In the case of an annual permit: with the Planning Board.
B. 
Applications for an outdoor sales operation permit shall be in writing, signed by the applicant, and shall state the name and address of the applicant(s) and the name and address of the property owner (if different).
C. 
Each application shall be accompanied by a plan indicating the following information:
(1) 
The boundaries and measurements of the lot;
(2) 
The location of all buildings, vehicle access drives and off-street parking areas on the lot;
(3) 
The location on the lot to be used for the outdoor sales operation;
(4) 
The location and type of solid waste disposal facilities to be used in association with the operation; and
(5) 
The size and appearance of any signage.
D. 
Application for an outdoor sales operation shall be accompanied by a permit fee in the amount of $75 for a temporary permit or $150 for an annual permit. Annual permits may be renewed by the applicant filing a renewal application with the Planning Board at the end of the one year period. Such application shall specify what, if any, changes have been made from the previous outdoor sales operation and shall be accompanied by the annual permit fee of $150.
A. 
Each outdoor sales operation shall be confined to commercially developed properties within the Planned Business (PB) and General Business (GB) Zones as depicted on the Village Zoning Map.[1] Food trucks shall be allowed in the VC-BD Zone, but not within 200 feet of an existing eatery.
[Amended 11-15-2021 by L.L. No. 4-2021]
[1]
Editor's Note: A copy of the Zoning Map is on file in the office of the Village Clerk.
B. 
No outdoor sales operation shall be located within 500 feet of any other outdoor sales operation.
C. 
Each outdoor sales operation shall be located on a lot that provides an adequate number of available parking spaces and shall be placed on the lot in a manner that would not encourage patrons to pull over to the side of the road to patronize the use.
D. 
Each outdoor sales operation shall maintain a sufficient number of waste receptacles of appropriate type to accommodate wastes resulting from the operation.
E. 
No more than one sign shall be permitted, and signage shall be limited in size to the degree deemed appropriate by the approving authority.
F. 
If the operation involves the handling of food, the applicant shall demonstrate that a valid permit from the Dutchess County Health Department has been obtained.
G. 
Permits shall be valid for a period to be determined in each case, not to exceed one year, and shall be subject to the standards enumerated above and others deemed necessary for the particular case. Any deviation from the application as originally approved shall require a new application.
H. 
Any violation of this chapter shall be punishable by a fine of not less than nor more than $250 per violation.