A special permit use shall conform to the following
individual standards and regulations, where applicable, in addition
to all other regulations for the zoning district in which the special
permit use is located.
[Added 2-18-1997 by L.L. No. 3-1997;
amended 8-15-2022 by L.L. No. 1-2022]
A.
Legislative intent. The Village Board of Trustees
hereby finds that tattoo parlors no longer have the objectionable
status in the community that they once had, many years ago. Therefore,
an amendment to the Village Code is necessary to allow for the more
socially acceptable status of this use, as an art form. Accordingly,
the Village Board of Trustees enacts the following revised standards
to permit a greater opportunity for the establishment of tattoo parlors
in the Village, while still maintaining reasonable standards.
B.
Standards. To help achieve the above-stated goals and to promote the objectives of the Village's Comprehensive Plan, the granting of special permit and site plan approvals by the Planning Board shall be subject to the following requirements in addition to the other requirements of said approvals contained in Articles VII and X of this chapter.
(1)
Not more than one tattoo parlor shall be permitted
on any lot.
(2)
No tattoo parlor shall be permitted on any lot
which is located within 1,000 feet of any other lot containing a tattoo
parlor.
(3)
No tattoo parlor shall be permitted on any lot
which is located within 200 feet of any residential zoning district
in the Village.
(4)
Tattoo parlors shall comply with all other requirements
of this chapter, as well as all applicable Village, county, state
and federal laws and regulations.
[1]
Editor's Note: Former § 171-62.1,
Funeral homes, as added 4-22-1996 by L.L. No. 1-1996, was repealed
7-1-1996 by L.L. No. 5-1996.
A special use permit may be granted, after public
hearing, by the Planning Board for a convalescent or nursing home,
provided that:
A.
A convalescent or nursing home may be occupied only
by patients, staff members and the family of one staff member or custodian.
B.
Any existing building used for such a home shall be
located on a lot not less than one acre in size; any building hereafter
constructed for such use shall be on a lot not less than two acres
in size.
C.
There shall be no more than one patient bed for each
2,000 square feet of site area.
F.
The buildings shall comply with federal, state and
local regulations pertaining to safety and health.
[Added 7-20-2009 by L.L. No. 16-2009]
Home occupations may be permitted, in homes, subject to site
plan approval and the receipt of a special permit, when the applicant
can demonstrate to the Planning Board's satisfaction that the business
activity will comply with the following criteria and standards.
A.
The provisions of this section are intended to protect and maintain
the residential character of the districts in which such uses are
permitted. Home occupations shall:
B.
Only one home occupation per residential unit shall be permitted.
A home occupation shall be clearly secondary to the residential use.
C.
No outdoor storage or displays shall be permitted.
D.
No more than two nonresident employees, interns or assistants shall
be permitted.
E.
A home occupation shall not occupy more than 25% of the gross habitable
area of the house.
F.
Home occupations shall be conducted only by a resident of the house.
G.
No exterior visual evidence of the existence of a home occupation
shall be permitted. A nameplate identifying the name of the resident
carrying out the occupation and the service offered may be authorized
by the Planning Board. Such nameplate shall not exceed two square
feet and shall not be illuminated or animated.
H.
Services and instruction offered shall be limited to not more than two clients or customers at a time. No services generating noise audible outside of the home shall be permitted. (Refer to Chapter 99, Noise.)
I.
The home occupation shall not generate more than four one-way commercial
vehicle trips per day.
J.
Any additional parking spaces as may be required by the Planning
Board shall be provided in such a manner as to preserve the residential
character of the parcel.
K.
No on-site wholesale or retail sales are permitted.
L.
No home occupation shall create a hazard to public health, welfare
or safety.
M.
In addition to those uses which do not meet all the requirements
stated herein, uses which are specifically prohibited as home occupations
shall include, but are not limited to, the following: bed-and-breakfast,
ambulance, taxi, towing or similar service, automobile-related business
including repair, parts, sales, body work, painting or washing service;
restaurant, bar, video store, kennel and animal hospital.
N.
One commercial vehicle for the home occupation is permitted.
O.
The Village Planning Board may waive the special use permit requirements of this section in the event that such requirements are, in the opinion of the Planning Board, found not to be requisite in the interest of public health, safety or general welfare or inappropriate to a particular home occupation special use permit. In no case shall the Planning Board waive the prohibited uses listed in § 171-63.1M, above.
[Added 3-15-2010 by L.L. No. 3-2010]
[Amended 3-25-1997 by L.L. No. 1-1997; 3-4-2013 by L.L. No.
2-2013]
A special use permit may be granted for a hotel/motel that meets the standards for a special use permit set forth in § 171-56 and the following supplemental standards:
A.
There shall be no parking or driveways (excepting
entrances and exits) within five feet of property lines, except that
where property abuts a residential district, the restricted area shall
be increased to 10 feet.
B.
The maximum percentage of building coverage shall
be 30%. This building coverage supersedes the Schedule of Dimensional
Regulations.[1]
[1]
Editor's Note: Former Subsection C, regarding yard requirements, which immediately followed this subsection, was repealed 8-17-2009 by L.L. No. 24-2009. Former § 171-64.1, Multifamily dwellings, added 7-20-2009 by L.L. No. 17-2009, as amended, which immediately followed this subsection, was repealed 3-4-2013 by L.L. No. 2-2013. See now § 171-86, Multifamily dwellings.
A.
Purposes and intent. It is the intent and purpose of the regulations for this district, in addition to the purposes of this chapter as stated in Article I, to achieve the following objectives:
(1)
The creative use of land so as to establish a more
desirable living environment than would be possible through the strict
application of other sections of this chapter.
(2)
The preservation of water bodies, wetlands, steep
slopes, hilltops, ridge lines, major stands of trees, outstanding
natural topography, significant geological features and other areas
of scenic and ecological value, and the prevention of soil erosion
and minimization of flood hazard.
(3)
An efficient use of the land so as to facilitate the
adequate and economical provision and maintenance of streets, sewer,
water and drainage facilities, so as to promote the public health,
safety and welfare and to minimize potential pollution hazards.
(4)
Innovation, flexibility and variety in the type, design
and layout of residential housing so as to permit greater variety
in the choice of housing type, living environment, occupancy tenure
and housing costs.
(5)
The maximum provision of community, social, recreational,
cultural and other service facilities as integral parts of newly constructed
residential communities.
B.
Eligibility requirements.
(1)
Minimum site size. The minimum site area for a planned
unit development shall be 25 acres.
(2)
Ownership. The land proposed for a planned unit development
may be owned by one or more persons or corporations, but shall be
combined into a single contiguous parcel of land at or prior to the
time of application to the Village Board for a change in the zoning.
The application shall be jointly submitted by all owners and, if approved,
shall be jointly binding on all of them.
C.
Permitted uses. The permitted principal and accessory uses within a planned unit development shall be limited to those specified in § 171-52 herein. A separate special use permit is not required for any permitted use within a planned unit development if such use was shown on the approved site development plan for the entire development; provided, however, that site development plan approval shall still be required.
D.
Development standards and controls. All improvements
within planned unit developments shall be required to comply with
the following specified standards and controls in lieu of those comparable
requirements for other residential developments which are specified
elsewhere in this chapter and in the Land Subdivision Regulations:[1]
(1)
Development density. Residential density shall be
a minimum of 10,000 square feet gross area per dwelling unit, including
roads and floodplain areas within 150 feet of a stream or creek but
excluding all floodplain areas in excess of 150 feet in distance from
the stream or creek.
(2)
Minimum dwelling unit size. No dwelling unit in the planned unit development shall have a usable floor area of less than 1,000 square feet, except in the case of permitted special uses, which shall be governed by Subsection E.
(3)
Dwelling unit mix. It should be the responsibility
of the Planning Board to determine if the percentage of proposed units
of each dwelling unit type and size is suitable and appropriate for
the development and is in the public interest.
(4)
Open space and recreation areas. At least 5% of the gross acreage of any planned unit development shall be composed of land which is owned or controlled jointly by all property owners within the development and is used for recreational purposes and/or preserved as natural open space. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and nature and extent of improvements suitable, in the opinion of the Planning Board, for the intended purposes. Permanent preservation and maintenance of such areas shall be assured by means of the filing of covenants and restrictions, negative easements and/or scenic easements on the land and by the formation and incorporation of a homeowners' association which shall be required to maintain such open space and recreational areas. Such association shall be subject to the requirements of Subsection G.
(5)
Utilities.
(a)
In order to achieve greater safety and improved
appearance, all water, sewer and gas lines and all electric, telephone
and other wires and equipment for providing power and/or communication
shall be installed underground in the manner prescribed by the regulations
of the state, local and/or utility company having jurisdiction.
(b)
Where, in the opinion of the Planning Board,
connections to existing facilities are possible and warranted, sanitary
sewers and or water mains and fire hydrants to be installed in a planned
unit development shall be connected to such existing facilities in
the manner prescribed by the regulations of the appropriate sewer,
water or fire district or other agency having jurisdiction.
(c)
Where connection to existing off-site public
water or sewerage facilities is not possible or not warranted, a central
water supply and sewage treatment system shall be designed and constructed
by the applicant to serve all dwelling units within the planned unit
development in accordance with the standards and subject to the approval
of the Dutchess County Department of Health and the appropriate state
and federal agencies where such approvals are required.
(6)
Setbacks. The distance between adjacent single-family
attached dwelling unit (duplex) buildings shall be a minimum of 40
feet. In the case of permitted special uses, the distance between
adjacent buildings shall be determined by the Planning Board in site
plan review, applying standards of firesafety and the necessity of
access to said buildings by fire-fighting apparatus.
(7)
Landscaping. Where determined necessary by the Planning
Board when reviewing the site development plan, buffer landscaping
of adequate size, type and spacing may be required to effectively
screen buildings within the planned unit development from neighboring
properties.
(8)
Roads. All roads shall be constructed in accordance
with the Village road specifications.[2] The application shall classify roads as major and minor,
and the Planning Board, after review by the Village Engineer, in granting
its approval, shall set the width for each road classification, together
with such additional space as it may deem necessary to provide for
future acquisition by the Village. In addition, the Planning Board
may require an option from the applicant for the Village to purchase
the roads and rights-of-way on which they are constructed at a cost
of $1 to the Village.
E.
Development standards and controls applicable to permitted
special uses in the planned unit development.
(1)
General requirements.
(a)
Each planned unit development shall contain
no more than one area set aside and designated for special uses. Such
special use area shall represent no more than 20% of the total planned
unit development site.
(b)
The title to the special use area, except for
roads and utility easements and rights-of-way, shall be in the common
ownership of one individual, partnership or corporation, which shall
conduct the uses contained therein or lease space for conducting said
uses.
(c)
Any change in use by a tenant or owner shall
require reapplication for a special use permit for the same.
(d)
The Planning Board, in its discretion, may require
the development and maintenance of an open space area in the nature
of a park, common or Village green, with such walkways and landscaping
as it may determine compatible with the overall plan. Said area shall
not be less than 5% of the total acreage of the special use area.
(e)
The Planning Board, in its discretion, may permit
the construction and occupancy of residential units attached to the
structures housing the special uses permitted herein, that provided
the same are compatible with the overall structure and use, do not
affect the architectural design and scheme and are self-sustaining
units, with facilities for garbage, storage or disposal, hidden from
sight, and all other facilities necessary for residential living.
The application for utilization of space in the special use area shall
accompany the application for the special use permit and shall be
part and parcel of the development of said area. The Planning Board
may designate the minimum floor area for each such residential unit,
but in no event shall any residential unit have a minimum floor area
of less than 600 square feet.
(2)
Parking.
(a)
Such off-street parking as the Planning Board
shall deem necessary and adequate from a determination made from information
filed by the applicant and from studies made by or under its direction,
based upon the activity determined to be generated by the use.
(b)
Where the structure containing the use also
contains living quarters and accommodations, two off-street parking
spaces per dwelling unit. The Planning Board shall have the right,
in its discretion, to waive these requirements where good cause is
established.
(3)
Yards. Front, side and rear yard setbacks based upon
the Planning Board's determination of the requirements for parking,
the type of use, the physical configuration of the building housing
the use, the type and style of architecture, the nature of adjacent
activities, if any, and the impact of the improvement on the overall
development and plan.
F.
Application procedure.
(1)
No permits for construction of a planned unit development
shall be issued unless the applicant shall first have obtained subdivision
approval, site plan approval and, in the case of special uses in connection
with said development, a special use permit.
G.
Homeowners' association.
(1)
There shall be no permits issued for the construction
of residences' contained within a planned unit development until there
shall have been filed with the Code Enforcement Officer, subject to
the approval of the Planning Board and the Village Attorney, proof
of the formation of a corporation organized and designed to provide
the legal mechanism for the ownership, maintenance, care and usage
of the common areas by an association of all of the owners contained
in the development.
[Amended 5-24-2010 by L.L. No. 6-2010]
(2)
Any corporation formed and established for the purposes
of holding title to the common areas on behalf of the homeowners must
submit for review and approval to the Planning Board, its Articles
of Incorporation, bylaws, agreements and conditions governing its
operation and the relationship of the homeowners to it in connection
with the ownership, maintenance and use of the common areas, prior
to the issuance of any building permits for construction of residences
in the development.
(3)
Title to all common areas shall be conveyed to said
corporation at such time as the corporation shall have been organized
and able to conduct the management of said common areas. In the event
that such is not possible at the time permits are issued, then the
applicant, its successors or assignees shall file with the Planning
Board an agreement, recordable in form, describing the areas in question
and setting forth an irrevocable pledge to convey to the said corporation.
In any event, said conveyance must occur at such time as the transfer
of 25% of the residential lots shall have been conveyed.
(4)
Said corporation shall be responsible for the entire
operation, maintenance and use of the common areas within the development.
Said corporation shall be empowered to levy assessments against property
owners to defray the cost of maintenance and to acquire liens, where
necessary, against property owners for unpaid charges or assessments.
In the event that said corporation fails to perform the necessary
maintenance operations, the Village of Fishkill shall be authorized
to enter upon such premises for the purpose of performing such operations
and to assess the cost of so doing equally among all affected property
owners.
(5)
Dedication of all common areas shall be recorded directly
on the subdivision plat, and there shall be endorsed thereon a restriction
of such areas or use of same for any other purpose. The restriction
shall refer to the intention of reserving said areas as open space
in perpetuity for the benefit and enjoyment of the common owners in
the subdivision who shall have the use and enjoyment of same.
(6)
The Planning Board, in granting its approval in connection
with said corporation, may require the filing of a performance bond,
with sureties, in such amount as it may determine, conditioned on
the faithful performance by the applicant of the establishment and
formation of said corporation, the organization of same as an operable
homeowners' association and the conveyance to it of the common areas.
[Added 3-3-2003 by L.L. No. 1-2003]
A.
Legislative intent and purpose. The Board of Trustees
of the Village of Fishkill determines that it is in the best interest
of its residents to establish regulations and standards for the siting,
design, installation, appearance, construction and maintenance of
all wireless telecommunications services facilities (WTSF) equipment,
including towers, monopoles, pole-mounted and structure-attached equipment
and other related devices and equipment, in order to achieve the following:
(1)
Promote the safety and welfare of the residents
of the Village and surrounding communities.
(2)
Minimize the adverse visual effects of WTSF's
and protect the natural features, historic character, and aesthetics
of the Village by careful siting, design, buffering and screening
of WTSF's.
(3)
Limit the total number of WTSF's to be constructed
in the Village to the minimum number of WTSF's necessary to provide
adequate coverage within the Village.
(4)
Maximize the use of any proposed site by encouraging
collocation and multiple use of WTSF's to the extent reasonably permissible.
(5)
Encourage the siting of WTSF's on existing or
other planned or approved WTSF's.
(6)
Encourage the use of alternative technologies,
which eliminate the need for new or additional WTSF's in the Village.
(7)
Where the siting of a WTSF within the Village
is proven to be necessary, to limit new WTSF's to existing nonresidential
buildings and areas zoned for industrial uses.
B.
Application requirements. Section 171-56A notwithstanding, special use permit approval for WTSF's shall rest with the Village Board of Trustees. In accordance with § 171-57, site plan approval by the Planning Board shall also be required. The following special use permit standards and requirements shall apply to all WTSF's. All applications for a WTSF shall be accompanied by such written narratives, visual analyses, technical reports, site plans and other materials as determined necessary by the Village Board of Trustees in order to demonstrate that the WTSF would fulfill all of the purposes and meets all of the requirements of this section. No special use permit approval shall be granted unless the Village Board of Trustees makes the findings in writing that the application fulfills all of the purposes and meets all of the requirements of this section.
C.
Use. Except as provided hereinafter, no WTSF shall
be located, constructed or maintained on any building, structure or
land area in the Village of Fishkill, except in conformity with the
requirements of this section and all other applicable regulations.
Any alteration of an existing WTSF must comply with requirements of
this section and all other applicable regulations.
D.
Demonstration of need and master plan. The operator(s)
of the wireless telecommunications service shall submit a copy of
its Federal Communications Commission (FCC) license and shall demonstrate
to the satisfaction of the Board of Trustees that there is a public
need for each such WTSF at the location(s) proposed by the applicant
to provide adequate coverage in the Village of Fishkill. The Board
of Trustees may hire a qualified professional or recognized authority
to review and report on the information and conclusions contained
in the application materials, the cost of which shall be reimbursed
by the applicant. Such demonstration shall include the preparation
of existing coverage and gap plans and a master plan of proposed service
which:
(1)
Consist of multicolor signal level propagation
plots at not less than 5 dBm intervals to -100 dBm at standard USGS
scaled drawings of 1:25,000, including information such as, but not
limited to, topography and elevations, existing buildings, streets,
existing WTSF's and other similarly tall structures, tile propagation
plots, radial propagation plots and drive propagation plot data, and
identification of all of the relevant system design parameters of
all existing, approved or proposed WTSF's which may affect or provide
service within the Village of Fishkill. Separate signal level propagation
plots shall be required for each existing, planned, approved and proposed
WTSF; and
(2)
Demonstrate that existing, or other planned
or approved WTSF's do not and cannot be modified to provide adequate
coverage to the Village of Fishkill; and
(3)
Minimize the number of such WTSF's within the
Village of Fishkill; and
(4)
Maximize collocation and shared use of existing
public utility and WTSF's; and
(5)
Identify all existing and proposed WTSF's which
impact the service area covering the Village of Fishkill and identify
all proposed and other locations considered for such WTSF; and
(6)
Analyze feasible alternatives, including alternative
sites, construction and transmission technologies, to reasonably minimize
the visual and other adverse impacts.
E.
Location and access. WTSF's shall be located in accordance
with the following priorities. The applicant shall evaluate and demonstrate
the infeasibility of a higher priority location before considering
the next lower priority:
(1)
Collocation on existing or other planned or
approved WTSF's within the Planned Industry District which eliminates
the need for new or additional WTSF's in the Village.
(2)
Placement of new WTSF's on an existing structure
within a Planned Industry District.
(3)
Construction of a new monopole tower within
a Planned Industry District.
(4)
Priority shall be given to lands used exclusively
for public purposes located outside of residential zones that present
opportunity for placement of WTSF's with minimal impact to surrounding
land uses as a result of adequate separation from sensitive land uses
and/or through the use of stealth technology. WTSF's shall be located
on such lands in accordance with the following priorities:
(5)
Notwithstanding § 171-53, the Board of Trustees may permit a WTSF outside of a Planned Industry District, provided that the applicant has demonstrated that no site meeting the foregoing criteria is available and that the location, design and appearance of the WTSF at such site protects and preserves the aesthetic qualities, residential characteristics of the Village of Fishkill, the property values of the community and the safety and welfare of its citizens, and would otherwise further the intent and purpose of this section.
(6)
In reviewing a particular application for a
WTSF, the Board of Trustees may require placement at a lower priority
location if it determines that the location, design and appearance
of the WTSF at such location would protect and preserve the aesthetic
qualities, residential characteristics of the Village of Fishkill,
the property values of the community and the safety and welfare of
its citizens, and would otherwise further the intent and purpose of
this section to the same or greater degree than placement of the WTSF
at a higher priority location.
F.
Collocation requirements.
(1)
Any application for a WTSF shall include a statement
and appropriate documentation demonstrating to the satisfaction of
the Board of Trustees that to the extent relevant to provide wireless
telecommunications service (WTS) in the Village of Fishkill which
is the subject of such application, all reasonable efforts have been
made to collocate such WTSF on all other existing, planned or approved
sites with communication antennas which would eliminate the need for
new or additional WTSF's in the Village of Fishkill. A proposal for
a WTSF shall not be approved unless the Board of Trustees finds that
the antenna planned for the proposed WTSF cannot be accommodated on
an existing or approved WTSF or a structure within a 1.5-mile search
radius of the proposed WTSF due to one or more of the following reasons:
(a)
The antenna would exceed the structural capacity
of the existing or approved WTSF or structure, as certified by a licensed
professional engineer, and the existing or approved WTSF or structure
cannot be reinforced, modified, or replaced to accommodate the planned
or equivalent antenna at a reasonable cost.
(b)
The antenna would cause interference materially
impacting the function of other existing or approved antennas at the
WTSF or structure as certified by a qualified professional or other
recognized authority and the interference cannot be prevented at a
reasonable cost.
(c)
Existing or approved WTSF's and structures within
the 1.5-mile search radius cannot accommodate the antenna at a height
necessary to function reasonably or to provide adequate coverage to
the intended service area as certified by a qualified professional
or other recognized authority.
(d)
Other reasons that make it infeasible to locate
the antenna upon an existing or approved WTSF or structure.
(2)
All WTSF's shall be designed, structurally,
electrically, and in all respects, to accommodate both the applicant's
antennas and base equipment and comparable antennas and base equipment
for at least four additional licensed carriers. WTSF's must be designed
to allow for future rearrangement of antennas upon the WTSF and to
accept antennas mounted at varying heights. The Village Board of Trustees
may reduce the number of licensed carriers required to be accommodated
for just cause and consistent with the purposes of this section and
the Zoning Law.
(3)
As a condition of special use permit approval,
the applicant shall be required to provide a written agreement, in
recordable form suitable for filing in the County Clerk's office and
prepared to the satisfaction of the Village Attorney, acknowledging
that the applicant, and its successors in interest, shall be required
to allow the collocation of all other future wireless telecommunications
service WTSF's unless otherwise unreasonably limited by technological,
structural or other engineering considerations and expressly stating
that it shall negotiate in good faith for shared use of the proposed
WTSF by other WTS providers in the future. The issuance of any permit
for a WTSF, shall commit the new WTSF owner and its successors in
interest to:
(a)
Respond in a timely comprehensive manner to
a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests
for shared use of the WTSF by other WTS providers.
(c)
Allow shared use of the new WTSF if another
WTS provider agrees in writing to pay charges.
(d)
Relocate antennas on the WTSF as necessary to
accommodate collocation of additional licensed service providers,
to provide adequate coverage, or to minimize the height or other avoidable
impacts of the WTSF.
(4)
In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing that an existing
tall structure or existing WTSF in a neighboring municipality be considered
for shared use, the applicant shall submit to the Board of Trustees
an affidavit that it has sent by registered or certified mail, return
receipt requested, at least 15 days prior to the public hearing a
notification to all of the Clerks of each municipality, and the secretaries
of each district or commission, such as the fire departments and the
water authorities, within two miles of the proposed location of the
WTSF. Such notification shall include the exact location of the proposed
WTSF, and a general description of the project, including, but not
limited to, the height of the WTSF and its capacity for future shared
use. In addition to all other referral requirements for special use
permit applications pursuant to § 239 of General Municipal
Law and as set forth in the Zoning Law, notification shall be made
to all municipalities of all applications involving WTSF's.
G.
Setbacks. Unless otherwise modified by the Board of
Trustees in an effort to accommodate the purposes of this section,
freestanding WTSF's shall be located not less than:
(1)
Two times the otherwise applicable setback requirements
for principal structures for the district in which the property is
located; or the height of the WTSF plus the otherwise applicable setback
requirements for principal structures for the district in which the
property is located, whichever shall be greater.
(2)
A WTSF's setback may be reduced by the Board
to allow the integration of a WTSF into an existing or proposed building
or structure.
(3)
It shall be demonstrated to the satisfaction
of the Board of Trustees that the proposed WTSF is set back adequately
to prevent damage or injury resulting from ice-fall or debris resulting
from failure of a WTSF or any part thereof, and to avoid and minimize
all other impacts upon adjoining properties.
H.
Height limitations. Notwithstanding the following
height limitations, in no case shall a WTSF exceed the minimum height
reasonably necessary to accomplish the purpose it is proposed to serve.
(1)
The height of any antennas, or other associated
equipment, structurally mounted as part of a WTSF shall not exceed
by more than 15 feet the highest point of the existing structure on
which such antennas or equipment are affixed.
(2)
The maximum height of a freestanding WTSF is
limited to 100 feet above the ground upon which the antenna is placed.
The ground elevation may not be raised to increase the height of the
WTSF.
(3)
Height limitations may be waived by the Board
of Trustees when the antenna is mounted on an existing building or
structure or to accommodate collocation.
I.
Design and visual mitigation.
(1)
Unless otherwise permitted by the Board of Trustees,
WTSF's shall only be permitted on, in or attached to existing or approved
buildings or structures by use of stealth technologies, (e.g., architecturally
screened roof-mounted antennas, antennas integrated into architectural
elements, and WTSF's designed not to look like a conventional WTSF
but like something else existing in the community, such as light poles,
power poles, flagpoles, and trees or materials).
(2)
Where permitted, the only freestanding WTSF
permitted shall be a monopole. WTSF's which require the use of guy
wires or open framework are prohibited.
(3)
The applicant/provider shall prepare a visual
impact assessment of the proposed WTSF based upon appropriate modeling,
photography and other pertinent analytical techniques as required
by the Board of Trustees, including but not limited to a map identifying
the zone of visibility.
(4)
Landscaping and/or other screening and mitigation,
including but not limited to architectural treatment, and alternative
construction, structural and transmission technologies such as antennas
attached to or disguised as trees or other features or camouflaging
techniques, shall be required to minimize the visual impact of such
WTSF from public thoroughfares, important view and vantage points
and surrounding properties to the extent practicable as determined
by the Board of Trustees.
(5)
No signs other than exempt signs or as may be
required by the Board of Trustees for security or safety purposes
shall be erected on any WTSF.
(6)
All ground-based equipment and all utilities
shall be located underground to the extent feasible.
(7)
WTSF's shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural
treatment, except in instances where the color is dictated by federal
or state authorities. Every WTSF shall be of colors and design that
are compatible and harmonious to blend with the natural features,
buildings and structures surrounding such WTSF.
(8)
The WTSF shall not be artificially lighted unless
otherwise required by the appropriate governmental authority.
J.
Operational characteristics.
(1)
Unless otherwise superseded by the FCC, the
design and use of the proposed WTSF, including its cumulative impact
with other existing and approved WTSF's, shall be certified to conform
with the maximum NIER exposure standards promulgated by the FCC, as
amended. Said certification shall include a report prepared in accordance
with FCC Office of Engineering and Technology Bulletin 65, as amended.
If new, more restrictive, standards are adopted, the antennas shall
be made to comply or operation of the WTSF shall be terminated. The
cost of compliance shall be borne by the owner and operator of the
WTSF.
(2)
Annual certification of conformance with the
applicable emissions standards and the requirements and conditions
of special use permit approval shall be required.
(3)
Certification shall also be required prior to
any modification of the WTSF or upon modification of the FCC standards.
(4)
The Board of Trustees may hire a qualified professional
or recognized authority to review and report on such initial and annual
certification report, the cost of which shall be reimbursed by the
applicant.
(5)
Any violation of the emissions standards shall
require immediate discontinuation and correction of the use responsible
for the violation. Any such violation of these requirements of the
Zoning Law or the conditions of special use permit approval shall
be deemed to be an offense punishable by fine and/or imprisonment
in accordance with this Zoning Law.
K.
Safety provisions. A WTSF shall be designed and erected
so that in the event of structural failure, it will fall within the
required setback area and, to the maximum extent possible, away from
adjacent development. No new structure shall be permitted which would
be classified by the Federal Aviation Administration Regulations Title
14 CFR Part 77 as an obstruction or hazard.
L.
Insurance. The owner and applicant shall provide and
keep in full force and effect, at their own cost and expense, public
liability insurance which shall afford protection in an amount to
be fixed by the Board of Trustees, but in no case less than $10,000,000
per occurrence, naming the Village as an additional insured and indemnifying
the Village against any and all losses for personal injury, death,
property damage or other claim, obligation or liability, and all costs
or expenses in connection therewith, including reasonable attorneys
fees and all costs of litigation, arising out of or relating to the
existence, operation or use of any approved WTSF and any activities
in connection therewith. Said insurance shall be written in form satisfactory
to the Village by good and solvent insurance companies of recognized
standing, authorized to do business in the State of New York (rated
not less than "A" XV by Bests), and shall contain a provision that
the policy or policies shall not be canceled on less than 30 days'
written notice to the Village. Appropriate insurance certificates
shall be deposited with the Village before any permit is issued. The
owner and applicant shall obtain and maintain at all times insurance
of an appropriate type and amount from an insurer licensed and authorized
in the State of New York meeting the satisfaction of the Village Board
of Trustees and the Village Attorney.
M.
Security provisions. A security program shall be formulated
and implemented for the site of a WTSF. Such program shall include
physical features such as fencing screened by buffer vegetation, anticlimbing
devices or elevating ladders on monopoles or other approved structure
and/or monitoring either by staff or electronic devices to prevent
unauthorized access and vandalism.
N.
Structural inspection and report. A monopole or other
approved structure shall be inspected at the expense of the service
provider by a licensed professional engineer at any time upon a determination
by the Code Enforcement Officer that the monopole or other approved
structure may have sustained structural damage, but in no case less
than every five years. A copy of the inspection report shall be submitted
to the Code Enforcement Officer.
[Amended 5-24-2010 by L.L. No. 6-2010]
O.
Emergency plan. An emergency action plan shall be
formulated and implemented for the site of a WTSF, to the satisfaction
of the Board of Trustees and the local providers of emergency services
to the Village of Fishkill. Such plan shall include identification
of all appropriate features and considerations of each WTSF, appropriate
training of local police, fire and ambulance service providers, and
appropriate provisions for notification of the public in the event
of an emergency, to the satisfaction of the Board of Trustees and
the local providers of emergency services to the Village of Fishkill.
P.
Lease agreement. In the case of an application for
approval of a WTSF to be located on lands owned by a party other than
the applicant or the Village, a copy of the lease agreement with the
property owner, together with any subsequent modifications thereof,
shall be provided to the Board of Trustees and a copy shall be filed
with the Village Clerk. The Board of Trustees, at its discretion and
in cooperation with the involved parties, shall allow certain proprietary
information contained in such lease which is unrelated to the requirements
of this section or the conditions of the approvals for said WTSF to
be kept confidential.
Q.
Removal.
(1)
A WTSF, or any portion thereof, including any
portion above the height of the antenna, shall be dismantled and removed
from the property on which it is located when it has been inoperative
or abandoned for a period of 90 days from the date on which it ceased
operation, or no longer has a valid approval, permit or license, or
is otherwise no longer necessary for the provision of adequate coverage
in the Village of Fishkill. The owner of the WTSF and each of the
WTS providers on any approved WTSF shall provide written certification
of the status of the use and necessity of the WTSF, or any portion
thereof, on a quarterly basis. Said WTSF or any portion thereof, shall
be removed within six months of such termination, abandonment or discontinuance
of use, unless a time extension is approved by the Board of Trustees.
(2)
The applicant shall provide to the Village written
notification, including identification of the date the use of the
WTSF was discontinued or abandoned or no longer has a valid approval,
permit or license, or is otherwise no longer necessary for the provision
of adequate coverage in the Village of Fishkill by one or more of
the service providers, acknowledgment of the requirement to remove
the WTSF, and identification of the plans for the removal of the WTSF
within six months of such termination, abandonment or discontinuance
of use.
(3)
The applicant shall provide to the satisfaction
of the Village of Fishkill a written agreement suitable for filing
with the County Clerk, Division of Land Records to ensure the dismantling,
removal and restoration of such an abandoned wireless telecommunications
services facility. Performance of the removal requirements as set
forth herein shall be secured by a bond posted by the applicant in
an amount and for a duration determined to be adequate by the Village
of Fishkill Board of Trustees.
(4)
Unused portions of WTSF's above a manufactured
connection shall be removed within six months of the time of antenna
relocation or removal unless a time extension is approved by the Board.
The replacement of portions of a WTSF previously removed requires
the issuance of a new special use permit.
(5)
In the event that such WTSF, or portion thereof,
is not completely removed from such property within such time, the
Village shall be authorized to effect such removal at the expense
of the property owner.
R.
Owner/applicant representative contacts. The applicant
and all future owners of the premises and the WTSF shall at all times
keep on file in the office of the Village Clerk the name, address,
and telephone number of the owner and operator of such WTSF and of
at least one individual who shall have authority to arrange for the
maintenance of the premises and WTSF, and who shall be authorized
to accept service of notices and legal process on behalf of the owner
and operator(s) of the premises and WTSF and to bind the owner to
any settlement, fine, judgment, or other disposition (other than incarceration)
which may result from any civil or criminal action or proceeding instituted
by the Village against such owner and/or operator(s).
S.
Compliance with other laws. The operator of every
WTSF shall submit to the Village Clerk copies of all licenses and
permits required by other agencies and governments with jurisdiction
over the design, construction, location and operation of such antenna
and shall maintain such licenses and permits and provide evidence
of renewal or extension thereof when granted. Failure to do so after
30 days' notice, in the discretion of the Board of Trustees, unless
good cause for such failure is shown, shall result in the termination
of the special use permit.
T.
Assignment of permit. No permit granted under this
section shall be assigned or transferred without the prior approval
of the Board of Trustees.
U.
Review. All permits granted under this section shall
be subject to review by the Board of Trustees at two-year intervals,
to determine whether the technology in the provision of WTSF has changed
such that the necessity for the permit at the time of its approval
has been eliminated or modified, and whether the permit should be
modified or terminated as a result of any such change.
[Added 11-2-2015 by L.L.
No. 6-2015[1]]
A special use permit may be granted for an automobile sales and service use that meets the standards for a special use permit set forth in § 171-56 and the following supplemental regulations:
A.
One customer parking space for every 175 square feet of gross floor
area of areas accessible to the public, including sales floor, customer
service area and customer lounges, but excluding bathrooms, is required.
B.
Parking spaces for display vehicles and/or inventory vehicles may
be reduced to 18 feet by 8.5 feet in size, if the display and/or inventory
vehicles are only retrieved by employees and separated from publicly
accessible parking areas by a physical barrier such as a fence.
C.
The minimum lot area shall be three acres.
D.
Use of the building for a dwelling unit or sleeping quarters shall
not be permitted.
E.
An automobile sales and service use shall not be located within 500
feet of another automobile sales and service use or a structure or
district listed on the State or National Registers of Historic Places,
as measured from property line to nearest property line.
F.
Vehicle display and storage. The Planning Board shall determine the
allowed number of vehicles to be stored and displayed on site, based
upon the factors stated herein. In no event shall the numbers exceed
those stated herein.
(1)
The total number of vehicles on any given site shall not exceed
a maximum of 70 per gross acre; this maximum density includes all
vehicles on the site, including but not limited to display, storage,
repair, customer and employee vehicles.
(a)
The maximum density of 70 vehicles per gross acre may be achieved
only if, in the Planning Board's opinion, the site can accommodate
such density without resulting in adverse visual, traffic circulation,
drainage, or other impacts. In making this evaluation, the Planning
Board shall consider all relevant characteristics of the site and
its setting, including, without limitation, the size and shape of
the lot, the size and shape of the building, proposed vehicular circulation
patterns, proposed storm drainage features and practices, existing
and proposed vegetation, its depth and height in relation to adjacent
roadways and adjacent properties, visibility from adjacent roadways
and adjacent properties, the surrounding topography, and the type
and extent of the lighting on the site.
(2)
All vehicles on the site shall be parked solely on the portions
of the site designated for them on the approved site plan. Outdoor
storage, including the display, of vehicles shall be permitted only
in the side or rear yards, except as hereinafter provided.
(a)
Where a parcel is a corner lot or otherwise adjacent to two
public roadways, for the purpose of storage and display of vehicles,
the property owner may designate one property line adjacent to the
roadway as the side yard and one property line adjacent to the roadway
as the front yard.
(b)
Front yard display. The Planning Board may permit a specified
number of vehicle spots for display of new or used motor vehicles
in a front yard subject to the following provisions:
[1]
If permitted, the display of vehicles in a front
yard along the lot frontage shall not exceed a maximum of one vehicle
for every 40 feet of property line adjacent and common to such public
roadway. This maximum density may be achieved only if, in the Planning
Board's judgment, the site can accommodate such density without resulting
in adverse impacts, under the standards and factors set forth previously
in this section.
[2]
Once the number of permitted display vehicles has
been determined, the Planning Board shall, in its discretion, permit
the vehicles to be displayed linearly at intervals of 40 feet or more
per vehicle, or grouped closer together in cluster(s) forming one
or more display areas.
[3]
Where a parcel is a corner lot or otherwise adjacent
to two public roadways, only the designated front yard shall be used
as a display area.
G.
Landscaping. All display and storage areas shall be suitably landscaped
during all seasons of the year. A minimum of a twenty-foot vegetated
buffer strip shall be provided along all portions of the site perimeter.
The Planning Board may permit landscaped berming or the incorporation
of lifts to be part of the display area, provided that suitable landscaping
is provided.
[Added 8-1-2011 by L.L. No. 4-2011]
A special use permit may be granted to the property owner, after
public hearing by the Planning Board, for outdoor boxes, provided
that:
A.
The
outdoor box shall occupy a fixed, specifically approved location that
does not disrupt the normal function of the site or its circulation
and does not encroach on the required setbacks, driveways, landscaped
areas, parking spaces, pedestrian walkways or public right-of-way.
B.
The
outdoor box shall not be greater than six feet in height.
C.
The
outdoor box shall not obstruct intersection visibility or otherwise
create hazards for pedestrian or vehicular traffic.
D.
Outdoor
boxes shall be an ancillary use to an approved primary use and may
not be located on an unimproved lot.
E.
Outdoor
boxes shall be maintained in a clean, litter-free and odorless condition
on a daily basis and they shall otherwise not create a nuisance.
F.
The
special use permit shall be valid for two years from the date of approval.
After the special use permit has expired, the applicant shall be required
to renew the special use permit with the Planning Board.
G.
Any
advertising of goods or services on an outdoor box shall be approved
by the Planning Board.
H.
All
outdoor boxes shall display the name, address and telephone number
of the owner of the outdoor box.
I.
Devices
used for the collection of donation items are not considered an outdoor
box and are prohibited in the Village of Fishkill.
[Added 3-4-2013 by L.L. No. 2-2013]
A special use permit may be granted for a contractor yard/equipment rental facility that meets the standards for a special use permit set forth in § 171-56 and the following supplemental standards:
A.
All material storage shall occur in wholly or semi-enclosed (i.e.,
roofed) structures.
B.
There shall be no outdoor display of goods, outdoor storage of materials
or outdoor storage of equipment in the front yard nor shall such goods,
materials or equipment be placed in front of the principal building.
C.
Goods, materials and equipment shall be fenced and screened from
public view as determined by the Planning Board.
D.
The location and type of any materials classified as hazardous by
the Fire Code of New York State shall be noted on the site plan.
E.
Any on-site washing of vehicles shall utilize a closed-loop system.
F.
An on-site loading zone shall be provided.
[Added 3-4-2013 by L.L. No. 2-2013]
A special use permit may be granted for a drive-through window that meets the standards for a special use permit set forth in § 171-56 and the following supplemental regulations:
A.
Drive-through window service shall be designed and located to minimize
conflict between pedestrian traffic and vehicular traffic.
B.
A secondary means of egress, also referred to as an "escape lane"
shall be provided.
C.
Each drive-through lane and the escape lane shall be a minimum of
nine feet wide.
D.
A minimum of six queuing spaces per drive-through aisle shall be
provided.
E.
The Planning Board may require that a landscaped area be provided
between drive-through lane(s) and the general access lane(s) and parking
area.
F.
The drive-through lanes and window shall be clearly defined by pavement
markings and directional signage.
[Added 3-4-2013 by L.L. No. 2-2013]
A special use permit may be granted for a funeral home that meets the standards for a special use permit set forth in § 171-56 and the following supplemental regulations:
A.
The funeral home shall maintain the appearance and site design characteristics
of a residential dwelling. If the funeral home is to be newly constructed,
it shall be designed to resemble a residential dwelling.
B.
The funeral home shall be located on a single lot with no less than
the minimum lot area specified for the zoning district.
C.
Access to the funeral home shall occur directly from a state or county
highway or by a Village highway other than a residential subdivision
street.
D.
On-site vehicular circulation, including the queue of processional
vehicles, shall be adequate and not unduly impact the surrounding
street system.
E.
Screening from neighboring residential properties shall be provided
by intervening landform and/or natural vegetation.
[Added 10-19-2020 by L.L.
No. 2-2020]
A.
The
portion of the existing building dedicated to personal storage shall
not exceed five units.
B.
The
portion of the existing building dedicated to personal storage shall
not exceed 1,200 square feet of floor area.
C.
Personal
storage units shall only be provided within the existing building
footprint and no additions shall be made to the building for personal
storage units.
D.
The
personal storage units shall be located and accessed in the rear of
the building and shall not be visible from Main Street.
