Fishkill Town City Zoning Code
PART 1
General Provisions
§ 150-1 Statement of purposes.
[Amended 7-14-2021 by L.L. No. 3-2021]
Statement of purposes. For the purpose of promoting the health, safety, morals, comfort, convenience, economy, aesthetics, and the preservation of natural, agricultural and cultural resources, and the general welfare of the community, the Town Board of the Town of Fishkill, County of Dutchess and State of New York, under the authority granted by § 261 of the Town Law and in accordance with the procedures in § 264 of the Town Law and § 239-m of the General Municipal Law, hereby adopts this chapter in furtherance of the adopted Town Comprehensive Plan and to promote the purposes set forth in § 263 of the Town Law, including the following:
To guide the future development of the Town to ensure the most beneficial and convenient relationship among the residential, commercial, industrial and public areas of the Town, considering the suitability of each area for such uses as indicated by existing conditions, trends and development and changing modes in living, and having due regard for the use of land, building development and social, cultural and economic activity both within the Town and with respect to the relationship of the Town to areas outside thereof.
To secure safety from fire, flood, panic and other dangers.
To provide adequate light, air and privacy.
To prevent overcrowding of the land and congestion of population.
To promote the most beneficial relation between the use of land and buildings and the circulation of vehicle, pedestrian and bicycle traffic throughout the Town, having particular regard to the avoidance of congestion of streets and provision of safe and convenient vehicular, pedestrian and bicycle traffic movement appropriate to the various uses of land and buildings throughout the Town.
To facilitate the optimal provision of transportation, water, schools, parks and other public facilities.
To protect and conserve the value of land and buildings and the social and economic stability of all parts of the Town.
To encourage the appropriate use, management and preservation, and to prevent pollution of watercourses and wetlands; to safeguard the water table; to promote quality stormwater management practices and to prevent hazardous conditions and damage resulting from stormwater runoff and flooding; and to encourage the appropriate use and sound management of natural resources throughout the Town.
To preserve the natural beauty of the physiography of the Town; to protect the Town against unsightly, obtrusive and obnoxious land uses and operations; to enhance the aesthetic aspect of the natural and man-made elements of the Town; to preserve community character; and to ensure optimal development with regard to those elements.
To ensure the preservation of the existing historic character of the Town and to facilitate the development of uses which would add to or be in harmony with this character.
To provide optimal and suitably located areas for recreation activities.
To bring about the phased conformity of the uses of land and buildings throughout the Town to the adopted Town Comprehensive Plan and to minimize conflicts among the uses of land and buildings.
To support the enforcement of the provisions of this chapter to properly implement the purposes, requirements and standards stated herein.
§ 150-2 Greenway connections.
The Town of Fishkill has adopted, pursuant to Chapter 149, Greenway Compact, of the Town Code, Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time pursuant to § 149-2 of the Town Code, as a statement of land use policies, principles, and guides to supplement other established land use policies in the Town. In exercising its discretionary actions under Chapter 150 of the Town Code, any reviewing agency should take into consideration said statement of policies, principles and guides, as appropriate.
§ 150-6 Word usage; definitions.
[Amended 7-14-2021 by L.L. No. 3-2021; 10-20-2021 by L.L. No. 6-2021; 10-20-2021 by L.L. No. 7-2021; 5-6-2025 by L.L. No. 2-2025]
For the purposes of this chapter only, certain words and terms used herein are defined as follows:
General construction of language. All words used in the present tense include the future tense; all words in the plural number include the singular number; and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the Town of Fishkill; the term "Town Board" means the Councilmen of said Board and the Supervisor of said Town; the term "Board of Appeals" means the Zoning Board of Appeals of said Town; the term "Planning Board" means the Town Planning Board of said Town; the term "Town Plan" means the plan adopted by the Town Planning Board pursuant to § 272-a of the Town Law; the term "Zoning Administrator" means the person designated by the Town Board to generally administer this chapter and the term "Building Inspector" means the person designated by the Town Board to specifically administer Articles XX and XXI of this chapter. The word "shall" is mandatory and not directory.
Definitions.
The manufacture of bituminous or asphaltic paving products located on a site utilized for mining, provided that aggregate from the mining site is used in the production process. Such accessory manufacture must be subordinate to, and exist in conjunction with, extraction of natural resources for commercial purposes where permitted under this chapter.
A project or physical activity as defined in the SEQR regulations of the New York State Department of Environmental Conservation, 6 NYCRR Part 617, including all actions subject to SEQR that are covered by this chapter, as well as subdivision applications and other actions requiring local government approval under SEQR.
The United States Department of Housing and Urban Development's (HUD) median family income limits for the Poughkeepsie-Newburgh-Middletown Metropolitan Service Area, as adjusted depending on number of persons in a family.
A public or private establishment which presents topless dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment.
Residential units available for:
To change or rearrange the structural parts of the existing facilities of a structure, or to move a building from one location or position to another on the same lot.
Any change, construction, reconstruction, covering over, or removal, of a regulated historical structure or site or exterior architectural feature(s) thereof. Alteration shall not include routine maintenance or repair of a regulated historical structure or site required by normal wear and tear with the same materials unless such maintenance would result in a change in the architectural integrity of the structure. Interior alterations of historical structures that do not affect the exterior architectural features of the regulated structure are not regulated.
A place operated by a licensed practitioner of veterinary medicine for the medical and surgical treatment by a licensed practitioner of veterinary medicine of domestic or companion animals, such as but not limited to horses, dogs, cats, birds and similar animals, and including the secondary function of boarding of such animals, for a period not to exceed the recovery period at any one time, in connection with primary medical and/or surgical care.
(General) A dwelling unit, whether intended for tenant or owner occupancy, within any two-family or multifamily dwelling or structure.
(As differentiated from a dwelling unit in a garden apartment, townhouse or row house) A dwelling unit, whether intended for tenant or owner occupancy, having entrance facilities or arrangements which are common to those of another dwelling unit or units within the same dwelling or structure, such as a common vestibule, foyer, lobby or corridor.
One supplementary dwelling unit, either attached to or contained in a single-family dwelling or in a structure detached from a single-family dwelling unit on the same lot as the principal dwelling. Accessory apartments shall not consist of more than 50% of the living area of the principal dwelling up to a maximum of 1,000 square feet, and shall have not less than 350 square feet of floor area. Accessory apartments must have a separate entrance out-of-doors.
A dwelling unit in a one- or two-story multifamily dwelling in which each dwelling unit has its own separate entrance from the out-of-doors.
A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.
The Town's Aquifer Protection Overlay (AQO) Zone Map delineating the AQO boundary.
Any use involving the individual creation, fabrication, storing and/or retail sale of articles, lessons or instruction considered by the Board of Appeals to be of an artistic nature, including drama, music, painting, pottery and sculpture studios, furniture, woodworking and ornamental iron shops.
See "use, permitted."
The equipment utilized for the production of bituminous or asphaltic paving products.
Any nonrigid material, such as fabric or flexible plastic, that is supported by a frame that is attached to an exterior wall.
Any visual message on an awning.
That portion of a building wholly or partly underground which extends no more than five feet above the adjoining finished grade.
Any room which might, in the judgment of the Planning Board or Zoning Administrator, be used or be altered by minor modifications to be used as a sleeping room.
An off-premises, free standing sign which is leased or rented for profit. Also see "off-premises sign."
Person(s) occupying a rooming or boarding house, hotel, or group dwelling. For the purposes of this chapter, a boarder shall not be construed to be a person requiring psychiatric supervision and/or attention in an outpatient status.
A dwelling occupied by one family with three or more boarders, roomers or lodgers in the same household who are lodged with or without meals, in which there are provided such services as are incidental to its use as a temporary residence for part of the occupants and for which compensation is paid, either directly or indirectly. The term "boarding house" shall include "rooming house," "tourist house" and "lodging house," but not "foster home" or "halfway house" for the purpose of this chapter.
An organization, whether public or private, with boating facilities catering principally to its members and their guests for recreational and social purposes.
Any structure having a roof supported by columns or similar supports or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
That percentage of the lot area covered by the combined area of all buildings or structures on the lot.
The vertical distance to the level of the highest point of the roof if the roof is flat, or to the mean level between the eaves and the highest point of the roof if the roof is of any other type, measured as follows:
If the building adjoins the front property line or is not more than 10 feet distant therefrom, measured at the center of the front wall of the building from the established grade of the curb; or if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building.
If the building is more than 10 feet from the front property line, measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished grade surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.
If the building is more than 75 feet from the property line, measured from the average level of the finished grade adjacent to the exterior walls of the building regardless of the character of the finished grade surface.
When a lot fronts on two or more streets of different levels, the lower street or the average elevation of the lot with regard to the abutting streets may be taken as the base for measuring the height of the building.
The horizontal distance of the front wall of a principal or accessory building on a lot which runs between each side wall, measured along the building centerline.
A line indicating the minimum horizontal distance permitted between the outside line of the main building or any enclosed projection thereof and a street right-of-way line.
A subordinate building, the use of which is customarily incidental to that of a main building on the same lot and the height of which does not exceed 20 feet.
A building in which is conducted the main or principal use of the lot on which said building is situated.
A one-story dwelling unit, having a minimum floor area of 600 square feet and a maximum floor area of 1,000 square feet, designed, intended and usable only for seasonal occupancy.
Any area of land, or land and water, including any building, tents, shelters or other accommodations suitable for temporary or seasonal living purposes, and any dwelling units occupied by the owner, caretaker or superintendent.
Any camp, as defined in this chapter, offering day care or instruction for adults or children.
A permit issued by the Planning Board pursuant to historic structures and sites regulations to authorize alteration, demolition or new construction of a regulated historic structure or site.
A certificate issued by the Planning Board pursuant to historic structures and sites regulations allowing relief from a denial of a certificate of appropriateness as a method of authorizing the alteration, demolition or new construction of a regulated historic structure or site based on the grounds of hardship.
A sign with the capability of content change by means of manual or remote input.
A voluntary organization not conducted for gain, with the facilities catering principally to members and to their guests for recreational, athletic or social purposes.
The addition of commercial communications equipment to any existing or approved telecommunications tower or tall structure by any persons, corporations, firms, associations or entities.
Any vehicle for which the New York State Department of Motor Vehicles requires a commercial registration or that is used directly as part of a commercial enterprise.
A public water system regulated by the New York State Department of Health that serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents.
Streets that are designed, built and operated to enable safe access for all users, in that pedestrians, bicyclists, motorists and public transportation users of all ages and abilities are able to safely move along and across the street right-of-way.
As defined by the Resource Conservation and Recovery Act and amendments thereto, sites generating or storing less than 100 kilograms per month and 1,000 kilograms of listed and/or characteristic wastes, respectively, and generating and storing less than one kilogram per month and one kilogram of acutely hazardous waste, respectively.
A dwelling unit or group of units wherein, by special arrangement under applicable laws, individual units are owned in fee by individual parties and certain common areas are in the ownership and responsibility of an association consisting of and controlled by the various unit owners as prescribed by those laws.
Assisted group living for senior citizens, 55 years of age or older, that provides core services to them which may include, but not necessarily be limited to, communal food services, general housekeeping, recreational and social services, etc., while at the same time permits flexibility to the senior citizen by allowing him or her to live in and maintain an individual housing unit.
Any temporary structure, vehicle or trailer suitable for use as a construction office or for the purposes of facilitating improvement of property.
The net loss of water from a watershed through evaporation and transpiration processes caused by any human activities and associated land uses, other than open space uses, including evaporative losses from septic system leaching lines. The definition of "consumption of water" includes the use of water in diluting wastewater discharges so that groundwater quality at the property line downgradient from the discharge will be 50% or less of the New York State Department of Environmental Conservation's Title 10, Part 703, Groundwater (GA) Water Standards, i.e., the DEC's groundwater contamination standards.
Any establishment where three or more persons suffering from or afflicted with or convalescing from any infirmity, disease or ailment are habitually kept or boarded or housed for remuneration, other than municipal or incorporated hospitals and establishments licensed by the State Commissioner of Mental Hygiene and maternity homes licensed by the State Commissioner of Health.
A dwelling unit or group of units wherein individual parties enjoy rights of tenancy in designated units by owning controlling shares in a corporation which has title to the premises and responsibility for its maintenance and operation.
An establishment for providing care for children or adults operated in accordance with the Social Services Law of the State of New York.
A unit of measurement of intensity of sound (the sound-pressure level).
The act of pulling down, destroying, removing, moving, relocating, razing, or altering beyond recognition a regulated historic structure or portion thereof, or improvements or structures located at a historic site or commencing the work of total or substantial destruction with the intent of completing same, including removal of a structure.
The numerical indicator represented by the existence of a typical bedroom in any dwelling or residential complex in order to evaluate the approximate degree of community impact deriving from population factors. The density unit count (or total) for any dwelling unit or aggregation of dwelling units shall be equal to the total number of bedrooms as defined herein.
Includes fill, place or dump.
A group or combination of one or more of the following: residential dwellings, business and/or office space, all constructed as a unified project under a general land use and development plan and in accordance with the requirements of this chapter.
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of substances or materials into the waters of the state or onto lands from which the discharged substances or materials might flow or drain into said waters, or into waters outside the jurisdiction of the state, when damage may result to the lands, waters, or natural resources within the jurisdiction of the state.
A use that provides a drive-through lane which permits a person to receive a product or service or transact business from any portion of a building without leaving their vehicle. This definition does not include car washes, gasoline stations, and automobile service stations.
Receptacles used to solicit or invite charitable donations of personal property.
A lot or parcel of land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
A two-family dwelling or two semidetached dwellings.
Solid particulate matter capable of being air- or gasborne.
A detached building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include automobile court, motel, boarding- or rooming house, mobile home, trailer or tent.
A building or portion thereof providing complete housekeeping facilities for one family.
A dwelling unit having common walls, floors or ceilings with another dwelling unit in a two-family or multifamily dwelling.
A dwelling unit having no common walls, floors, ceilings or other structural elements with any other dwelling unit; a one-family dwelling.
A dwelling unit that is occupied by an extended family and where all facilities are available for common usage regardless of their location in the dwelling unit.
A dwelling unit whose attachment with another unit is by common wall or by a breezeway, porch or carport which is enclosed and roofed. For the purposes of this definition, "enclosed" shall mean that the breezeway, porch or carport is constructed in such a manner that at least two sides are protected from the elements by means of construction with such materials as vinyl siding, aluminum siding, glass panels or windows, vinyl or aluminum screening, wood or metal framing, sheathing or siding.
A dwelling containing three or more dwelling units.
A dwelling containing only one dwelling unit.
A dwelling containing two dwelling units.
A demolition authorized pursuant to the New York State Uniform Building Code, or pursuant to the Code of the Town of Fishkill Chapter 50, Building Construction Administration, or Chapter 74, Fire Prevention, when, after inspection, it is determined by the Building Inspector or other authorized official, after consultation with the Town Engineer, that a regulated historic structure, or structures on a historic site, pose an imminent threat to the health or safety of the community that cannot be adequately mitigated and that immediate demolition is necessary to protect public health and safety.
The architectural style, general design, and general arrangement of the exterior of any regulated historic structure, including but not limited to the kind and texture of the siding and other building materials and the type and style of the trim, doors, windows, steps, entryways, and other architectural features, but shall not include the kind and color of paint and light fixtures on any regulated structure.
One individual or a group of related individuals or not more than four unrelated individuals living in and sharing the facilities of a dwelling unit.
An elderly family shall consist of:
A single person 55 years of age or older;
Two or three persons, all of whom are 55 years of age or older;
A married couple, the husband or wife of which is 55 years of age or older;
One child residing with a parent who is 55 years of age or older, provided that said child is over the age of 18;
The surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death; or
One adult 18 years of age or older residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State.
A group of related individuals, usually representing more than two generations, and/or a group of unrelated individuals living in and sharing the facilities of a dwelling unit.
The use of a parcel of land, either as a principal or accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides, but not including the breeding, raising or maintaining of fur-bearing animals, piggeries, abattoirs, riding academies, livery stables or commercial kennels.
A business enterprise primarily engaged in the retail sale of food and beverages served in disposable containers and selected by patrons from a limited number of prepared, specialized items for consumption either on or off the premises, in a facility where food is paid for at a walk-up counter or drive-by window prior to consumption, and which does not provide table service.
Any map or plat filed in the County Clerk's office of Dutchess County.
A temporary increase in stream flow or stage that results in water inundating areas adjacent or near to the usual channel.
The highest level of flood that, on the average, is likely to occur every 100 years, or that which has a 1% chance of occurring any year.
The channel of a watercourse and its adjacent areas subject to inundation by the 100-year recurrence interval flood.
The gross floor area in square feet of all buildings on a lot divided by the gross area of such lot in square feet.
The sum of the horizontal areas of the several floors of a building or buildings, measured to the exterior of the outside wall of such buildings, but not to include attached or built-in garages, porches or terraces, basements or unfinished floor area, having a clear headroom of less than seven feet.
Any sign not attached to or part of any building but permanently affixed, by any other means, to the ground; included are monument and post-and-arm signs.
The number of oscillations per second of a vibration.
The extent of a lot along a street.
An accessory building or part of a main building, used only for the permitted storage of motor vehicles as permitted in this chapter.
A building or part thereof used for the storage, care and repair of motor vehicles for remuneration and the sale of motor fuels dispensed from pumps located within the garage building, including any sale of motor vehicle accessories, or where motor vehicles are kept for hire or sale.
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of motor fuel or motor vehicle accessories and which may include facilities for lubricating, washing or other minor servicing of motor vehicles, but not including body work, major repair or painting thereof by any means.
Any person or site whose act or process produces hazardous waste.
The elevation, at any point along the wall of a building, of the completed surfaces of lawns, walks and roads adjoining the wall at that point.
A building used as a conservatory for the growing and protection of flowers or plants and for the propagation and culture thereof.
Water contained in interconnected pores and fractures in the saturated zone in an unconfined aquifer or confined aquifer.
Any substance, including any petroleum by-product, which may cause harm to humans or the environment when improperly managed. A complete list of all hazardous substances except for petroleum by-products can be found in 6 NYCRR Part 597.2(b), Tables 1 and 2, and amendments thereto.
See 6 NYCRR Part 371 and amendments thereto for the identification and listing of hazardous wastes.
Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101, and amendments thereto.
An accessory use of a service character carried on by the residents of the premises, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character thereof, does not have any exterior evidence of such secondary use other than a permitted nameplate and does not involve merchandising, trade or the exchanging of commodities by sale. The conduct of a clinic, hospital, tearoom, animal hospital, funeral home and stores, trades or businesses of any kind shall not be deemed to be home occupations.
A building for the diagnosis and treatment of human ailments, including a sanatorium or clinic.
A building, with or without individual kitchen facilities, occupied by transient guests who are lodged with or without meals, the rooms of which have primary access from interior public halls, and in which building or portion thereof there are or may be certain public rooms or halls for the service of food and drink, with or without entertainment, and other facilities intended to provide customary accessory conveniences or services normally incidental to and associated with such a use.
Earthborne oscillations occurring in discrete pulses at or less than 100 per minute.
A sign lighted by or exposed to artificial lighting that shines through a plastic or other translucent or transparent covering. Neon signs and other similar signs are considered internally illuminated.
An area of land, with or without buildings, used for the storage, outside of a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, unlicensed vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or open storage on a lot of two or more wrecked or broken vehicles or currently unlicensed vehicles or the major parts of two or more vehicles shall be deemed to make the lot a junkyard.
An establishment for the care, boarding or breeding of dogs or cats or similar animals or birdlife (excluding poultry) for a fee. The term "commercial kennel" shall also include the terms "animal kennel," "dog kennel," "aviary" or other similar phrase. Kennel excludes veterinarian.
The keeping of a total of five or more dogs or cats over six months of age, but not for commercial purposes.
As defined by the Resource Conservation and Recovery Act and amendments thereto, sites generating more than 1,000 kilograms per month of listed and/or characteristic hazardous wastes, or generating or storing more than one kilogram per month and one kilogram of acutely hazardous waste, respectively.
Facilities for the hauling and launching of boats, including ramps.
External white light used to illuminate a sign.
The areas of a residence that are commonly used for the routines of daily living and which shall contain one or more rooms with provisions for living, cooking, sanitary and sleeping facilities, arranged for the use of one family.
An off-street space available for the loading or unloading of goods in compliance with the requirements specified in Article XVII of this chapter.
A parcel of land, not divided by streets and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provisions of law to be suitable as a condition of the issuance of a building permit on the lot.
The total horizontal area included within lot boundaries.
The total area of a legally created parcel including all private street and other easements where the underlying property is held in fee title.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A property line bounding a lot as defined herein.
Process used to change property lines of existing parcels. (Also, lot line change).
In the case of a lot abutting upon only one street, the line separating the lot from the street; in the case of any other lot, the owner may elect any lot line abutting a street as the front lot line.
The lot line which is generally opposite the front line. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be the line parallel to the front line not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
The distance between the side lot lines measured along a line which is parallel to the street right-of-way line and at a location which a halfway between the front and rear lot lines. In the case of a lot which derives its frontage and access by means of an access strip connecting the street and the main portion of the lot, for the purposes of measuring lot width, the front lot line shall be considered that lot line (excluding the lot line along the street) which is closest and most parallel to the street right-of-way line.
A lot situated at the junction of and fronting on intersecting streets.
Facilities with a storage capacity of 400,000 gallons or more of petroleum.
A dock or structure, accessible to the public, offering secure moorings for boats and other marine vessels.
A building or group of buildings, open to the public, devoted to the study and/or exhibition of marinerelated activities, aquatic resources, commerce of the sea or navigation.
A residential unit or property available for sale or rent at a price determined by the open free market.
A facility organized and operated for the primary purpose of providing health services in more than one medical or dental specialty for outpatient medical or dental care of the sick or injured, including related facilities such as laboratories and other service facilities operated in connection with the clinic. This shall not include facilities for the treatment of animals.
A sign listing menu items as part of a drive-through service facility.
Development that includes two or more functionally or physically integrated uses at a building, site, or neighborhood scale.
Any vehicle or similar portable structure with or without a foundation of wheels, jacks, skirtings, wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall include the terms "house trailer" and "trailer" or other similar phrase.
Any plot of ground upon which two or more mobile homes occupied for dwelling or sleeping purposes are or can be located, regardless of whether or not a charge is made for such accommodation. The term "mobile home park" shall include the terms "house trailer park," "mobile home trailer park," "trailer camp" or other similar phrase.
Housing which is one or more stories in design, is delivered to the resting site in two or more modules and is removed from the metal framework upon which it was transported and then assembled into one unit. Construction of modular housing will be treated the same as all other site build applications as per Town of Fishkill Building Code.
A freestanding sign either with a base affixed to the ground or mounted on short poles no greater than two feet high.
A series of attached, semidetached or detached units, with or without individual kitchen facilities, having a private outside entrance for each unit, provided with an automobile parking space convenient to each unit and providing lodging with or without meals and other incidental services for a transient clientele. The term "motel" shall include the terms "automobile court" and "tourist court" or other similar phrase.
The normal rate at which precipitation enters the subsurface to replenish groundwater in aquifers, without interruption or augmentation by human actions or landscape modifications.
Rock, sand, gravel, stone or aggregate located on or below the surface of the earth.
The erection or installation of any new structure that requires a building permit pursuant to Chapter 50 of the Town Code.
A sign containing copy which does not promote a business, commodity, service, or entertainment.
A sign of a size or type not permitted in the district in which it is situated or which is improperly located or which is nonconforming in any other way.
A use of a structure or of land that does not conform to the regulations as to use in the district in which it is located.
Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.
A place where young trees or other plants are raised for transplanting or for sale on the premises.
See "convalescent home."
A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
An instrument, standardized by the American Standards Association, used in conjunction with a soundlevel meter to take measurements in specific octave bands.
The use of a structure, a room, a group of rooms, or building or part of a building used for conducting the administrative affairs of a business, profession, service, industry, or government.
A sign which promotes products, services or activities conducted, sold or offered somewhere other than upon the same premises where the sign is located.
A map adopted by the Town Board, showing streets, highways and parks already laid out, adopted and established by law. Drainage systems may also be shown on this map.
Unoccupied land not specifically designated as a building lot.
Unoccupied publicly owned land which may include walkways and paths, a public promenade or a public boat launch.
An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto.
An off-street space available for the parking of one motor vehicle on a transient basis and complying with the requirements specified in Article XIII of this chapter.
Any finely divided liquid or solid matter, including smoke, capable of being air- or gasborne.
A uniform thickness of material laid over a soil base, to provide a traveling or parking surface for wheeled vehicles, a walkway for pedestrian traffic or a surface for a patio or other similar paved area. Pavement may be composed of concrete, asphalt, brick, cobblestone, crushed stone, washed gravel or other similar material. Areas that are paved with crushed stone, washed gravel or similar materials that are porous to the flow of water shall not be included as paved area when calculating maximum allowable lot coverage in any given zoning district.
Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any substances intended for use as a plant regulator, defoliant or desiccant, and being those.
Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline and kerosene, as defined in 6 NYCRR Part 597.1(7) and amendments thereto.
Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0105 and amendments thereto.
Any material or by-product determined or suspected to be hazardous to human health or the environment.
A roofed structure projecting out from the wall or walls of a main structure and which may be open to the weather.
A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign. Included are signs displayed on a parked or moving vehicle or trailer or other vehicle where the primary purpose of the vehicle is to promote a product, service business, or other activity. This definition includes a vehicle hanging or displaying a banner sign whose primary purpose is for advertising. This does not apply to signs or lettering on buses, taxis or vehicles operating during the normal course of business.
A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.
A sign affixed to trees, other natural vegetation, rocks or utility poles.
An establishment's principal sign, i.e., the sign which identifies the business to passersby.
The face of a building which contains the primary entrance to the establishment.
A sign attached to a building wall or structure that projects horizontally or at a right angle more than nine inches from the face of the building. Such signs shall be securely anchored and shall not swing or move in any manner.
The surface of, and the space above and below, any public street, highway, freeway, bridge, land path, lane, concourse, tunnel, waterway, public grounds or waters, alley, court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to, public utility easements, dedicated utility strips or right-of-way dedicated for compatible uses, any other public property or place belonging to the Town or any special districts of the Town as the same now exists or may hereafter be extended or altered, and any temporary or permanent fixtures or improvements located thereon now or hereafter held by the Town which shall entitle the Town to the use thereof. "Public rights-of-way" shall also mean any easement now or hereafter held by the Town for the purpose of public travel, or for utility or public service use dedicated for compatible uses and shall include other easements or public rights-of-way as shall within their proper use and meaning entitle the Town to the use thereof.
Any material that emits radiation.
A temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
A historic or archaeologically sensitive structure or site or structure complexes, including structural remains that are:
Listed on, or deemed eligible to be listed on, the State or National Register of Historic Places by the State Historic Preservation Office or keeper of the National Register of Historic Places; or identified in the National Park Service's National Historic Landmarks Program; or
Structures that are locally designated as historically significant by the Town Board of the Town of Fishkill, as depicted on the Historic Resources Map, as may be amended from time to time; or
A site or parcel identified as a historic site, a former cemetery or burial site, a potential archaeological site, a site identified in the New York State Historic Preservation Office (SHPO) archaeological site inventory, or a site that is "located in or adjacent to an area designated as sensitive for archaeological sites on the New York State Historic Preservation Office (SHPO) archaeological site inventory."
A type of demolition that involves relocation of a regulated historic structure or portion thereof to another location on the same lot or on another lot.
Tenancy, occupancy or use by a nonowner of the premises in exchange for a rental fee or other consideration. For the purpose of this definition, a rental agent, building superintendent, employee or other agent of the owner shall not be considered as an owner in residence.
A chart for determining the density of smoke and which is issued by the Federal Bureau of Mines.
A sign erected on a roof or extending in height above the main roofline of the building on which the sign is erected.
See "boardinghouse."
A dwelling unit, with no other dwelling unit above or below it, in a two-family or multifamily dwelling where the respective fronts of individual dwelling units in the same building are discernible but where there is little or no difference in the architectural treatment of these fronts. Dwelling units in a row house structure may be owned by a single party or by separate parties.
A kindergarten, primary or secondary school not operated by a public school district but furnishing a comprehensive curriculum of academic instruction similar to that of a public school, or a nursery school specifically designed and used to provide care or instruction for two or more children under six years of age.
An educational institution operated by a public school district under the laws of the State of New York.
Occupancy which is limited to the period from April 1 to December 1, or a portion of that interval, in any calendar year.
A sign which communicates accessory information, e.g., hours of operation, different products sold.
A building or group of buildings, in a controlled-access compound, containing separate individual self-storage units for rent or lease restricted solely for the temporary storage of goods and wares. The conduct of sales, business or any activity other than storage within the individual storage units is not permitted.
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly from the property line.
Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice or name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
Includes all faces of a sign measured as follows:
When any sign is framed or outlined, all of the area of the frame or outline shall be included;
Sign measurement shall be based upon the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including structural supports if they are not used for advertising purposes;
The area of a sign consisting of an insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible enclosing the insignia;
The area of a window sign consisting only of letters and symbols affixed or painted on glass shall be calculated as the smallest polygon or circle possible enclosing all of the letters and symbols.
The height of a freestanding sign shall be measured vertically from the established average grade below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including support structures. Elevation added by artificial beams, mounds or similar forms shall be excluded from the calculation of average grade.
An area defined and approved by the Planning Board, comprising a portion of a lot or encompassing a lot as defined herein, which may be approved by the Planning Board as an integral or functional portion of said lot and which may be devoted, for example, to a structure or other land use and its related parking, landscaping, yards, drainage and other features considered appropriate by the Planning Board. The term "site" shall include the terms "parcel" and "tract" or may differ therefrom in specific instances as defined by the Planning Board.
A boat berth between two piers; may also refer to indoor storage and mooring.
As defined by the Resource Conservation and Recovery Act and amendments thereto, sites not meeting conditionally exempt small quantity generator status but which generate and store less than 1,000 kilograms per month and 6,000 kilograms of listed and/or characteristic wastes, respectively, and generating and storing less than one kilogram per month and one kilogram of acutely hazardous waste, respectively.
Any emission into the open air from any source, except emissions of uncontaminated water vapor.
A measure of the quantity of smoke being discharged, which is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart No. 1 for one minute equals one smoke unit.
Generally refers to all putrescible and nonputrescible materials or substances, except domestic sewage, sewage treated through a publicly owned treatment works, or irrigation return flows, that are discarded or rejected as being spent or otherwise worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris and discarded automobiles, as defined in 6 NYCRR Part 360-1.2(a) and amendments thereto.
An instrument, standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.
See "use, special."
An accessory building in which horses are kept for use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration, hire or sale.
The system established pursuant to Article 17, Title 8, of the Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.
Continuous earthborne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered steady-state vibrations.
Those areas with an average slope in excess of 20% over a horizontal distance of 100 feet or more.
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
One or a series of stormwater management practices, as defined within Chapter 130, installed, stabilized and operating for the purpose of controlling stormwater runoff. For purposes of this chapter, "stormwater management facility" shall include, but not be limited to, drainage facilities, drainage systems, drainage improvements, drainage easements and drainage discharge points.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the surface of the floor and the top of the ceiling beams next above it. A basement shall be counted as a story if the ceiling is more than five feet above the average level of the adjoining finished grade or if it is used for nonaccessory business purposes or for dwelling purposes by other than a janitor or watchman.
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
An existing state, county or Town highway or a street shown upon a subdivision plat approved by the Town Planning Board, as provided by law, or on a plat duly filed and recorded in the office of the County Clerk prior to the appointment of the Town Planning Board and the grant to such Board of the power to approve subdivision plats.
The dividing line between a street and a lot. (See also definition of "lot line, front.")
Any change in the supporting members of a structure, including but not limited to bearing walls, retaining walls, columns, beams or girders.
Anything constructed or erected, the use of which requires location on or under the ground or attachment to something having location on the ground. "Structure" includes a building.
The use of a structure, a room, a group of rooms, or building or part of a building used for the individual creation, fabrication, storing and retail sale of artistically created or handcrafted items, and lessons or instruction about arts and crafts, including drama, music, painting, pottery and sculpture, other visual and audible items, furniture, woodworking, metalwork, and other types of items created by artists or crafts persons.
The division of any parcel or land, regardless of use, into two or more lots, plots, blocks, sites or parcels, with or without the creation of new streets, for the purpose, whether immediate or future, of transfer of ownership or development, and includes resubdivision.
Any body of water having an artificial bottom and/or sides and a depth of more than two feet in any point therein.
A structure which complies with the requirements of this chapter and is of sufficient height to be used as a telecommunications tower. Such structures include but are not limited to water towers, multistory buildings, church steeples and farm silos.
Any establishment or business engaged in tattooing, that is the marking of the human body with indelible inks or pigments by means of tattooing, which establishments may also offer body piercing for ornamental purposes. This definition shall not apply to any medical procedure performed by a licensed medical professional.
Any commercial structures, buildings, sheds, huts, equipment enclosures, emergency generators, emergency generator buildings and other such structures used in support of or ancillary use to a telecommunications tower.
Any structure owned or operated for commercial purposes which is capable of receiving and/or transmitting signals for the purpose of communication.
Any sign that is displayed only for a specified period of time as per § 150-43E and is not permanently mounted.
An uncovered flat platform of earth or other natural material, with or without a surface material or retaining walls. Any such platform with a roof or awning shall be considered a porch.
A device for recording the intensity of any vibration in three mutually perpendicular directions.
A multifamily dwelling containing three dwelling units or three semidetached dwelling units.
The Official Town Open Space and Natural Resource Index, prepared by the Dutchess County Department of Planning in cooperation with the Fishkill Town Conservation Board, dated 1973 and with revisions thereto, showing existing watercourses and wetland areas.
A dwelling unit, with no other dwelling unit above or below it, in a two-family or multifamily dwelling where the respective fronts of individual dwelling units in the same building are made discernible by considerable differences in the architectural treatment of these fronts. Dwelling units in a townhouse structure may be owned by a single party or by separate parties.
Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists, containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or are likely to cause injury to the well-being of persons or damage to property.
See "mobile home."
Any line, wire, pipe, duct or similar man-made device or system which is used or intended to be used for transmitting or conveying signals, energy or material above, on or under undeveloped land outside the right-of-way of a public road.[1]
A portion of the ground area of a lot which is available and accessible to all occupants of a dwelling unit or dwelling units on said lot for outdoor recreation use, which area is not devoted to driveways or parking spaces, is at least 25 feet in minimum dimension and has no more than 10% of its area with a grade of more than 5%.
The purpose for which land, water or a building or structure is designed, arranged, intended or for which it is or may be occupied or maintained.
A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot or water area therewith.
Any use which is included in the list of permitted uses in the zoning district in which it is located or proposed to be located.
Any use which is included in the list of uses in the zoning district in which it is located or proposed to be located, for which conformance to additional standards may be required to address certain aspects of a particular use. Conformance to such additional standards is required so that these particular uses are considered to be special use permit uses in their respective districts. All such uses are declared to possess such unique, special, and individual characteristics that each specific use shall be considered as an individual case.
A lot on which two or more used automobiles or parts thereof are offered for sale.
A pump or well house or other building accessory to the use of the main building on the premises, not including a guesthouse or similar structure.
An electric unit substation, municipal pump station or water tower, municipal garage, firehouse, telephone substation.[2]
A sign that is painted on or attached directly to the outside wall of a building, with the face of the sign parallel to the wall and having a visible edge or border extending not more than nine inches from the face of the wall.
Water discarded into a sewage or sanitary waste system.
The groundwater resources of the Town or the groundwater resources used for a particular well or community water system.
Any flow or body of water which contains water or a flow of water at least six months in the aggregate during the course of an average year.
That land area that includes the entire drainage area contributing water to the Town water supply and which includes the Aquifer Protection Overlay District.
Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.
Lands and submerged lands commonly called "marshes," "swamps," "bogs" and "flats," whether flooded at all times, flooded only seasonally or having a water table during at least three consecutive months of the year within six inches of the ground surface or supporting aquatic or semiaquatic vegetation of the types listed in § 24-0107, Subdivision 1(a), of Article 24 of the Environmental Conservation Law.
Any area, regardless of size, that meets the definition for wetlands according to the Federal Clean Water Act and regulations and using the methodology contained in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region (2012) as revised from time to time.
A sign visible from a sidewalk, street or other public place, affixed or painted on glass or other window material.
An open space on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except for permitted accessory uses and structures. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
That portion of any yard meeting the minimum dimensional requirements contained in this chapter.
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as the case may be.
[1]
Editor's Note: The former definitions of "upland aquifer (UA)" and "upland wellhead protection (UWP) areas," which immediately followed this definition, were repealed 10-20-2021 by L.L. No. 7-2021.
[2]
Editor's Note: The former definition of "valley bottom aquifer (VBA)," which immediately followed this definition, was repealed 10-20-2021 by L.L. No. 7-2021.
§ 150-8 Classes of districts.
The Town of Fishkill is hereby divided into the following classes of districts:
R-4A | One-Family Residence District |
R-2A | One-Family Residence District |
R-40 | One-Family Residence District |
R-20 | One-Family Residence District |
R-15 | One-Family Residence District |
R-MF-3 | Multifamily Residence District |
R-MF-5 | Multifamily Residence District |
LHC | Local Historic Center District |
RB | Restricted Business District |
PB | Planned Business District |
PSC | Planned Shopping Center District |
GB | General Business District |
PI | Planned Industry District |
HRWRD | Hudson River Waterfront Recreation District |
HRD | Hudson River District |
BH | Beacon Hills District |
DMUD | Designed Multiple Use Development (Floating Zone) |
SCH | Senior Citizen Housing District (Floating Zone) |
AQO | Aquifer Protection Overlay Zone |
§ 150-9 Zoning Map.
§ 150-10 Interpretation of district boundaries.
Where uncertainty exists as to the location of any boundaries shown on the Zoning Map, the following rules shall apply:
District boundary lines are intended to follow lot lines or the center line of streets, rights-of-way or watercourses, or be parallel or perpendicular thereto, unless such strict boundary lines are indicated by dimensions shown on the Zoning Map.
Where district boundary lines divide a lot or unsubdivided property, the location of any such boundary, if not indicated by dimensions, shall be determined by the use of the map scale on the Zoning Map.
[Amended 7-14-2021 by L.L. No. 3-2021]
Where such boundaries are indicated as approximately following the property lines of parks or other large public holdings, such lines shall be construed to be such boundaries.
Where district boundaries are so indicated that they approximately follow the edge of lakes, ponds, reservoirs or other bodies of water, the mean high-water lines thereof shall be construed to be the district boundaries, except that the regulations of the most restrictive district on the edge of such a body of water shall apply to the area within the mean high-water line and the body of water thereof.
Any boundary extending into the Hudson River or other bodies of water bordering the Town shall be deemed to extend to the boundary of the Town unless otherwise indicated.
If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.
§ 150-11 Lots in two or more districts.
[Amended 7-14-2021 by L.L. No. 3-2021]
In all cases where a district boundary divides a lot in one ownership and more than 50% of the area of such lot lies in the less-restricted district, the regulations prescribed by this chapter for the less-restricted district may be extended by a determination of the Zoning Board of Appeals to such portion of the more restricted portion of said lot which lies within 50 feet of such district boundary. For purposes of this section, the more-restricted district shall be deemed to be that district which is subject to regulations that prohibit the use intended to be made of said lot or that require higher standards with respect to density, coverage, yards, screening, landscaping, parking, loading and similar requirements.
§ 150-12 Order of restrictiveness.
For purposes of these regulations, where residence districts are referred to as "more restrictive" or "less restrictive," the designation shall refer to the order in which residence districts are set forth in § 150-8, the first named being the most restrictive.
§ 150-13 District intent.
The intent of the districts in the Town of Fishkill are listed herein to guide discretionary land use decisions. The intent of districts not listed herein are found at the beginning of the corresponding regulatory section.
R-4A, One-Family Residence District. A rural residential zone requiring a minimum lot size of four acres intended to preserve and maintain the rural residential character, economy and natural features of the Town of Fishkill.
R-2A, One-Family Residence District. A low density residential zone requiring a minimum lot size of two acres intended to preserve and maintain the rural residential character, economy and natural features of the Town of Fishkill.
R-40, One-Family Residence District. A low density residential zone requiring a minimum lot size of 40,000 square feet intended to preserve and maintain the rural economy and natural features of the Town of Fishkill and to provide a transition from rural to suburban development.
R-20, One-Family Residence District. A low density residential zone requiring a minimum lot size of 20,000 square feet intended to preserve and maintain the rural economy and natural features of the Town of Fishkill and to provide a transition from rural to suburban development.
R-15, One-Family Residence District. A medium density residential zone requiring a minimum lot size of 15,000 square feet intended to provide single-family residential development and appropriate community amenities, and to offer a transition from rural to suburban development.
R-MF-3, Multifamily Residence District. A medium density residential zone which permits multifamily housing as of right on a minimum lot size of 15 acres. The promotion of multifamily housing in this district is intended to accomplish the creation of affordable, safe and walkable residential developments.
R-MF-5, Multifamily Residence District. A medium density residential zone which permits multifamily housing as of right on a minimum lot size of 10 acres. The promotion of multifamily housing in this district is intended to accomplish the creation of affordable, safe and walkable residential developments.
RB, Restricted Business. Intended to include residential uses in a nonresidential zone with limited business, institutional and recreational uses which are appropriate adjacent to residential areas.
PB, Planned Business. Intended for strictly nonresidential business and commercial uses which reuse large, previously developed sites. Planned business zone is not intended for industrial or light industrial land uses.
GB, General Business. Intended for the development of local convenience commercial and business uses where such uses do not impact residential uses also permitted in the district.
PI, Planned Industry. Intended for the location of industrial and light industrial uses, and uses which are not suitable adjacent to residential or business areas.