[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.]
As used in this chapter, the following terms
shall have the meaning indicated:
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.
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.
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.
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.
