No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.

No changes to an existing use, other than a one-family dwelling and accessory uses thereto, shall be made, in terms of the type of land use or the intensity of the use, except in conformance with an approved site plan or special permit as appropriate. Refer to Article XIX, Enforcement.

Any use not permitted within this chapter shall be deemed prohibited except pursuant to the provision § 150-19B. herein. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but to have been included for the purposes of clarity and emphasis, and to illustrate, by example, some of these uses frequently proposed that are deemed undesirable and incompatible in the particular district and that are thus prohibited.

When a use is not specifically permitted in this Zoning Ordinance as either a use permitted by right or by special use permit, it shall be understood that the use may be allowed by special use permit of the Planning Board if it is determined by the Planning Board with input from the Building Inspector that the use is substantially similar to other uses listed in the district and is consistent with the stated purposes of the district.

Such nonconforming use shall not be enlarged or increased nor shall it be extended to occupy a greater area of land than occupied by such use at the time of the adoption of this chapter.

Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter.

If such nonconforming use of land or any portion thereof ceases for any reason whatsoever for a continuous period of more than six months or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter.

No nonconforming use of land shall be changed to another nonconforming use unless it is similar or less nonconforming as determined by the Zoning Board of Appeals.

A building or a structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use (also see § 150-25).

Such nonconforming building shall not be structurally altered to an extent greater than 50% of its value, as determined by the Town Board of Assessors, unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.

A nonconforming use of a building may be changed only to a use of similar or less nonconformity, as determined by the Zoning Board of Appeals.

If any nonconforming use of a building ceases for any reason for a continuous period of more than one year or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.

If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.

Application for any proposed enlargement or extension of a nonconforming use shall be made in writing to the Zoning Administrator.

The required information and plans (in triplicate), which must accompany the application, shall be the same as specified in this chapter for special use permits. (See § 150-107.)

Upon receipt of an application, the Zoning Administrator must review and judge its completeness. If found incomplete, the application must, within 14 calendar days of its original receipt, be returned to the applicant with specific written comments on actions required to bring it into compliance. If, upon resubmission by the applicant, the application again does not fulfill the written requirements originally set forth by the Zoning Administrator, it shall, within seven calendar days, be returned to the applicant with written notification of which stipulated requirements are still not in compliance. Subsequent resubmissions thereafter shall be treated in a similar manner to a first resubmission.

If forwarded to the Board of Appeals, a copy of the application and plans shall be forwarded to the Planning Board for its review and recommendation(s), which report shall be made to the Board of Appeals within 30 days of receipt of the copy of application. The Planning Board shall review any such application based on the zoning standards for the district in which located, the considerations and standards set forth in § 150-106A through D and the specific standards set forth in this section. If no report is given by the Planning Board within 30 days, the Board of Appeals shall take action without reference to such report.

Before taking action on any such application, the Board of Appeals shall give notice and hold a public hearing in the same manner as required by law for appeals or other matters referred to it. In acting on any application for the enlargement or extension of a nonconforming use, the Board of Appeals shall have the same powers, duties and responsibilities as prescribed by law for appeals and other matters referred to it. It shall also take careful consideration of the report and recommendations made by the Planning Board on any particular application, plus the general standards applying to special uses, § 150-106A through D, which shall also apply in the enlargement or extension of a nonconforming use.

No enlargement or extension of a nonconforming use shall be permitted unless such enlargement or extension meets all of the following standards or conditions:

For the purpose of this section, a lot and the buildings and structures located on it which was created pursuant to the provisions of Section 312.02 of the Town of Fishkill Zoning Ordinance adopted December 21, 1962, which conformed to all of the requirements of that section, shall not be considered to be nonconforming within the meaning of § 150-24 herein.

The lot met the zoning requirements at the time the deed to the lot was recorded.

All applicable district regulations other than the minimum lot area and lot width and depth are complied with, except that the Zoning Board of Appeals shall have the authority to modify lot setback requirements insofar as deemed appropriate and justifiable in the public interest.

The lot was separated in ownership from any adjoining tracts of land on the effective date of this chapter. If the owner of such lot owns other lots contiguous thereto, such other lots or so much thereof as may be necessary shall be combined with the first-named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots.

Lot for every building. Every building hereafter erected shall be located on a lot as defined herein.

Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity to any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith.

Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.

No building permit shall be issued for the establishment of any use or construction of any structure unless the lot upon which such use is to be established or such structure is to be built has frontage of at least 25 feet on a street or highway which has been suitably improved to Town, county or state road standards or a bond posted therefor, and unless the actual access to such use or such structure will be over such frontage, all in accordance with the provisions of § 280-a of the Town Law.

In the case of lots which are at least twice the minimum lot size for the zoning district in which they are located, the minimum street frontage shall be a minimum of 50 feet. Furthermore, if the main portion of the lot derives its frontage and access by means of an access strip connecting the street and the main portion of the lot, that access strip shall also be at least 50 feet in width.

Yard for every building. No part of a yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building or any other lot.

Obstructions in yards. No buildings or structures nor any projection from buildings or structures shall be permitted in a required yard, except as follows:

Yard requirements on corner lots. On a corner lot, there shall be a side yard on a side street equal in depth to the required front yard. A rear yard shall be provided on each corner lot and the property owner shall elect which yard is the rear yard.

Exception for existing alignment of buildings. If, on one side of the street within 150 feet of any lot, there is pronounced uniformity of alignments of the fronts of existing buildings and of depths of front yards greater or less than the required minimum depths specified in the Schedule of Regulations for Residential Districts, a front yard shall be required in connection with any new building which shall conform as nearly as practicable to those front yards existing on adjacent lots.

Exception for handicap ramps and railings. The Zoning Administrator has the discretion to permit handicap ramps and/or railings that project into the required yard setback to the minimum extent necessary under the circumstances. The property owner pursuing this exception shall prove to the satisfaction of the Zoning Administrator that the proposed handicap ramps and/or railings cannot otherwise be installed in a manner which conforms to the minimum yard setback requirements of the zoning district, and that the requested exception is not the result of self-created hardship. This exception shall apply only to residential uses.

They shall not extend more than 15 feet above the roof.

The total area covered by such features shall not exceed 10% of the area of the roof upon which they are located.

Parapets and cornices used for ornamentation and without windows shall not extend more than five feet above the roof.

General regulations.

General guidelines.

Exterior lighting plan review.

Residential district lighting. Within a residential district, all new parking lot lighting and site lighting for developments, other than single-family dwellings, shall comply with the following:

Centers, business, commercial and industrial district lighting.

Existing wooded areas and other existing natural vegetation shall be retained to the maximum extent practicable and shall be incorporated in landscaping plans.

Visibility at intersections. On a corner lot, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are 30 feet distant from the point of intersection, measured along said street right-of-way line. The height of three feet shall be measured above the road surface at the nearest edge of road traveled way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.

Multifamily and nonresidential uses.

Swimming pools.

Tents, trailers and mobile homes. The use of tents, trailers and mobile homes for permanent dwelling purposes shall not be permitted in any district except as permitted and regulated in § 150-119, Mobile home parks, of this chapter. One unoccupied camp trailer may be parked or stored in an enclosed accessory structure or in a rear or side yard, provided that no permanent living quarters shall be maintained therein.

Maintaining an extended one-family dwelling.

Accessory apartments.

Construction trailers. Upon the issuance of a building permit for the construction of a commercial or residential building, the Zoning Administrator may, upon application by the builder or affected property owner, issue a construction trailer permit for the installation, on the construction site, of a construction trailer, subject to the following restrictions:

Dropoff collection bins used to solicit or invite charitable donations of personal property. No dropoff collection bins used to solicit or invite charitable donations of personal property, or for similar property disposal purposes, shall be maintained on or placed in any location in the Town of Fishkill.

Other accessory buildings.

Permit required. A sign, as defined in § 150-6, may be placed, erected, constructed, painted, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this Chapter and only after issuance of a sign permit, where required and approved, by a Zoning Administrator or any duly appointed deputy administrator. The Zoning Administrator or any duly appointed deputy administrator, within a reasonable time of the receipt of an application for a sign permit, shall consider the application and shall approve, approve with modifications, or deny the application.

Permit procedures. Any person desiring to procure a permit for a sign shall file with the Building Department an application form, copies of which are available from the Building Department, accompanied by an application fee, payable to the Town of Fishkill, in accordance with the current fee schedule.

Exempt signs. The following signs are exempt from the permit requirements of this chapter. Unless otherwise limited below, such exempt sign shall not exceed six feet in height and shall not exceed four square feet in sign area per side. Each exempt sign must comply with all other provisions of this chapter.

Prohibited signs. All signs not specifically permitted are prohibited. Prohibited signs include, but are not limited to:

Temporary signs. All signs of a temporary nature must receive permits in accordance with § 150-43B herein before being displayed, except those specified under § 150-43C, Exempt signs. Planning Board approval is not required, and the Zoning Administrator or any duly appointed deputy administrator shall issue or deny a sign permit within a reasonable period of time. Both the permit and the sign shall note the date of the first day the sign may be displayed and the date it must be removed. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Zoning Administrator or any duly appointed deputy administrator, after seven days' written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said sign(s) to be removed. Temporary signs are permitted for:

Permanent signs within the R-4A, R-2A, R-40, R-20, R-15, R-MF-3, R-MF-5, DMUD and HRWRD districts. Within these districts, the following signs shall be permitted:

Permanent signs within other districts.

Design criteria. In reviewing sign applications, the Zoning Administrator or duly appointed deputy administrator shall determine that the sign will meet the following criteria.

Removal of signs.

Nonconforming signs other than billboards. Any increase in size or change in the design, style, location, materials, shape, height or location of a nonconforming sign shall not be permitted. Any nonconforming sign that is damaged or destroyed, for a loss of 50% or more of its value, by fire or other casualty shall not be restored, reconstructed or replaced except by a sign that conforms to this requirements of the chapter.

Nonconforming billboards.

Number and date. Every sign that requires a permit as regulated by this section shall have painted in a conspicuous place thereon, in legible letters and numbers, the date of erection and the sign permit number. Temporary signs shall additionally have noted thereon the date of the first day the sign may be displayed and the date it must be removed.

Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

Severability. If any subsection, or specific part or provision or standard of this section or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such subsection, specific part, provision or standard shall be deemed a separate, distinct and independent provision, and such judgment shall not affect the validity of the remaining portions thereof.

Alteration of wetlands or watercourses. In any district, no regulated activity, as defined by Chapter 82 of the Town Code shall be undertaken within freshwater wetlands, watercourses, water bodies or the associated buffer area, as also defined therein, whether by removal or deposition of material or by grading or otherwise, shall be permitted except where a permit pursuant to that chapter has been obtained.

Hilltops, ridgelines and steep slopes. For the purpose of preventing erosion, minimizing stormwater runoff and flooding, preserving the Town's underground water resources and protecting the Town's character and property values, it is the intent of this chapter to regulate the development of hilltops, ridgelines and steep slopes, and toward this end, wherever possible, new construction shall avoid such areas and existing vegetation in such areas shall not be disturbed. For purposes of this section, steep slopes shall be defined as those areas with an average slope in excess of 20% over a horizontal distance of 100 or more feet.

Procedure. Before granting or denying any request in accordance with this section, the Planning Board:

Water quantity and quality. Upon application for a rezoning, site plan approval, subdivision approval or any other approval in an area of the Town which is known to have conditions of uncertain water quantity or quality, based upon the latest geodetic information, the reviewing or approving board shall require that a hydrological study, addressing the parameter specified by the agency, be prepared by a trained hydrologist and submitted by the applicant to the appropriate reviewing or approving board.

Schedule of Regulations for Residential Districts.[1]

Schedule of Regulations for Nonresidential Districts.[2]

Legislative intent. The Senior Citizen Housing District (SCHD) is a floating zone established to expand housing opportunities, including affordable housing opportunities, for senior citizens in the Town of Fish-kill. It is the intent of this article to encourage the development of affordable and walkable communities of multiple dwelling units for senior citizens, to ensure that such developments provide a minimum of services and facilities on site to accommodate resident needs and to minimize the impacts to surrounding properties.

Objectives. The specific objectives of this article include:

General provisions.

Occupancy restrictions; residential occupancy. Occupancy of dwelling units within a Senior Citizen Housing District shall be for residential purposes only. Occupancy shall be limited to elderly families as defined in Article II and subject to the following additional conditions:

Density bonus.

Supplementary site regulations.

Building requirements.

Rezoning procedure.

Site plan approval required. Following rezoning to create a Senior Citizen Housing District, site development plan review and approval by the Planning Board, pursuant to the generally applicable standards and procedures found in Article X of this chapter, shall be required prior to the issuance of a building permit for development of any lot in a Senior Citizen Housing District. Substantial changes to a previously approved site plan, as determined by the Building Inspector, shall also require a SEQR determination and site plan approval.

Conformity to preliminary plan required. The Planning Board shall not approve any site development plan within a Senior Citizen Housing District unless said Board finds that the site plan is in substantial conformance with the preliminary plan which served as the basis for the zone change to a Senior Citizen Housing District.

Ability to rent an affordable housing unit in the Senior Citizen Housing District if there is no income-eligible household available to rent the unit.

The Town may administer the affordable housing components of any approved Senior Citizen Housing District by means of the administration, enforcement and Affordable Housing Trust Fund provisions set forth within § 150-54J, K and L of this chapter.

Intent and purpose. It is the intent of the Town of Fishkill to provide guidelines, regulations and incentives for the development of moderately priced dwelling units for persons of low or moderate income levels. The Town concludes that the extent to which new residential land development proposals include, or fail to include, affordable housing components may yield relative socioeconomic impacts, either favorable or unfavorable, upon community character. Legislative or administrative actions on such proposals by the Town Board, or administrative actions by the Planning Board, should take into consideration, for purposes of exercising discretion in the context of local land use regulation and for purposes of reviews under the State Environmental Quality Review Act, the extent to which those impacts may exist, whether they are potentially adverse, and, if so, the extent to which, and the manner in which, such impacts are proposed to be mitigated to levels falling short of genuine significance, if at all, by the project sponsor(s) during the course of project reviews.

Requirements and incentives for participation.

Development standards. Affordable housing units must meet the following standards:

Eligibility and preference to rent or purchase.

Calculations of initial sales price and permissible rent.

Continued eligibility to rent.

Resale: calculation of permissible resale price. The title to affordable dwelling units shall be restricted so that, in the event of any resale, the resale price shall not exceed the greater of the following:

Restriction on sale or lease and subsequent resale.

Administration and enforcement.

Procedure for applicants.

Establishment of the town of fishkill affordable housing trust fund.

Violations. Violations of any of the provisions of this section shall be subject to the penalties and remedies found within § 150-173 of this chapter.

The Town of Fishkill is concerned that there are insufficient opportunities for individuals and families of median income to purchase or rent affordable dwelling units within the Town.

In order to enhance the public welfare, the Town concludes that developers of all proposed multifamily developments of 10 units or more must include affordable housing units, pursuant to the terms of either Article VIII, Senior Citizen Housing Districts, or this Article VIIIA, Affordable Housing.

In the alternative, if in the opinion of the Town Board, it is not in the best interest of the Town for a development to contain the required 10% minimum, as provided by Subsection B, above, the developer shall be required to pay a monetary contribution to the Town of Fishkill Affordable Housing Trust Fund in accordance with the Town approved fee schedule established annually by the Town.

Legislative intent and findings.

Permit procedure. All nonseasonal permitted uses and occupancy of real property within the Beacon Hills Zoning District, and the construction or establishment of structures and site development to serve such uses by landowners or their agents or contractors, shall comply with, and shall be subject to, the following land development permit procedures:

Legislative intent. The Hudson River District (HRD) shall be applicable to parcels as are mapped by the Town for such treatment and as are situate within the Town of Fishkill submerged within the Hudson River and which are abutting and/or contiguous with parcels within the City of Beacon's Waterfront Development (WD) Zone.

Town Board special use permit required. A special use permit may be granted, after public hearing by the Town Board, relating to the alteration and/or use of the lands submerged within the Hudson River, including development and/or use of areas above the river where said alteration and/or use is found to be accessory and subordinate to, as well as dependent upon, a larger development project subject to City of Beacon review and approval, and where the owner and/or applicant are the same.

Permitted special use permit uses. Permitted principal and accessory uses are intended to be consistent with the permitted principal and accessory uses as allowed in the City of Beacon Waterfront Development (WD) Zone. The uses listed in § 150-48A are consistent with the New York State Coastal Management Program and are allowed in the HRD by special use permit of the Town Board in accordance with the procedures outlined herein. In reviewing special use permit applications, the Town Board shall determine that the use(s) and site development proposed are compatible in terms of location, size, design and function.

Off-street parking. All provisions for associated off-street parking and loading shall be provided on the abutting and/or contiguous lands located in the City of Beacon, consistent with the applicable requirements in Beacon.

Boat-related standards. Any marina- or boat-related uses, boat-fueling docks, solid waste and pumpout facilities shall be located and designed consistent with any applicable state or county regulations, and the location of such facilities shall not interfere with Hudson River traffic flow or constitute a health hazard.

Application procedures. The following application review and approval procedures shall be followed:

Legislative intent. Because of the high value placed by the citizens of Fishkill on physical and visual access to the riverfront and in view of the ecological sensitivity of waterfront resources, the Waterfront Recreation District is designed to utilize, to the maximum extent, the natural and intrinsic features of land adjacent to the Hudson River to make such lands accessible to the public. Uses in this district shall promote the public interest in the values of those areas for purposes of recreation, conservation and development of aquatic resources and shall strengthen the economic base of the Town by encouraging marine-related uses. In determining the uses allowed in the zone, the Town of Fishkill Town Board shall consider the economic viability of uses, especially when public amenities are required or deemed necessary. The uses listed below are consistent with the New York State Coastal Management Program and are allowed in the district by special permit of the Town Board in accordance with the procedures outlined herein. In reviewing special permit applications, the Town Board shall determine that the use(s) proposed meet the purpose and intent of the district as stated above, are compatible in terms of location, size, design and function and are consistent with the overall development goals for riverfront properties as identified by the Town.

In a HRWRD, no building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any use except as indicated in Table III, Schedule of Regulations for Nonresidential Districts.[1] All uses in this district are subject to the issuance of a special permit by the Town Board in accordance with the procedures outlined below and are subject to site plan approval by the Planning Board in accordance with §§ 150-95 through 150-98 of this chapter.

In all site plan approvals, the Planning Board shall, except as described below, require that a dry-land right-of-way or easement for purposes of a public pedestrian trail/promenade not less than 25 feet in width along the shoreline (within the shoreline setback) be provided within the lot covered by the site plan. The creation of the easement shall be in writing in a form acceptable for recording in the office of the Dutchess County Clerk. This public pedestrian trail/promenade shall be interconnected with the proposed Greenway Trail located along the inland border of the railroad tracks. The Planning Board may waive or modify, in whole or in part, this requirement if, in its discretion, the Board deems the requirement is harmful to the welfare of potential users or is impossible to implement due to land configuration or constraints. The Planning Board may modify the width requirement if an integrated plan for development of the site is presented which incorporates a public pedestrian trail/promenade which is consistent with the intent of the requirement but does not meet the total width requirement.

An educational exhibit consisting of plaques and memorabilia relating to the history of the site shall be provided by the applicant on the project site if, during the course of the review of the project, the Planning Board determines there are resources on site worthy of public enjoyment. This should include interpretative materials that make a history of the site and the activities of historic importance that have occurred on the site or in the immediate area in order to convey a sense of the richness and complexity of the historic landscape in the Fishkill area.

For any marina or boat-related use, boat fueling docks, solid waste and pumpout facilities shall be provided on site and be identified on the site plan. The location of such facilities shall be reviewed in accordance with required federal, state and local standards by the Planning Board during the site plan review process. The location of such facilities shall not interfere with traffic flow or constitute a health hazard.

All special uses for which conformance to the above additional standards is required are considered to be permitted uses in this district, subject to the satisfaction of the requirements as may be specified by the Town Board according to the provisions of Article XI, in addition to all other requirements of this chapter.

Legislative intent. A designed multiple-use development (DMUD) is a land use requiring a rezoning procedure granted after public hearing by the Town Board for a designed multiple-use development where the general land use and development plan for such development is found to comply with the Town Comprehensive Plan and the standards of this section and all other applicable sections of this chapter and where such development shall be designed to achieve the following objectives:

Eligibility requirements.

Permitted uses.

Development standards and controls. All improvements within designed multiple-use 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 Chapter 132, Subdivision of Land:

Application procedure. To initiate the application procedure, the applicant must first present to the Town Board the elements of his proposal sufficient for the Town Board to conduct an informational hearing and to determine the appropriateness of the proposed designed multiple-use development for the site under consideration. After such an informational hearing, the Town Board may either reject the proposal or refer the applicant to the Planning Board to be processed by said Board in accordance with § 150-95 through 150-98 of this chapter.

Approval of subdivision plats. Applications for the approval of any subdivision plats and for the construction of any Class A roads shall be submitted to the Planning Board and processed by said Board in accordance with all the procedures and requirements specified in Chapter 132, Subdivision of Land, and Standard Specifications for Subdivision Road Construction.

Approval of site development plans. No earthwork, land clearing or construction of any kind shall take place within the limits of a designed multiple-use development until a site development plan for such development or the appropriate section thereof has been reviewed and approved, all in accordance with the procedures outlined in Article X of this chapter and supplemented as follows:

Legislative intent. The Planned Shopping Center District is intended to encourage the redevelopment of outdated shopping centers by permitting mixed residential and commercial development.

Planned Shopping Center District. In accordance with the Town Law (Subdivision 4 of § 280-a, Article 16, Chapter 62, of the Consolidated Laws of New York), Planned Shopping Center District sites shall be considered as open development areas subject to the standards set forth herein. Standards in § 150-48B shall apply to the overall site area, whether or not the same is or will continue to be under one ownership, so long as all of such land is contiguous, with the exception of any streets or driveways separating any part of such land from any other part. Subsequent to site plan approval by the Planning Board of the overall site area, owners may subdivide the site forming lots and/or buildings, provided that sufficient parking in accordance with Article XVII of this chapter is provided for on the lot or is made available to support the use on the lot in a manner satisfactory to the Planning Board, and that no development within such lots will be permitted except as shown on the approved site plan without further Planning Board approval. Provisions satisfactory to the Planning Board for maintenance of all elements of the site shall also be a prerequisite for subdivision of the overall site area. To the extent that the provisions of this subsection conflict with the provisions of §§ 150-33, Building lots, through 150-130, Modification of lot requirements, the provisions of this subsection shall be controlling.

Legislative intent. R-MF-3 and R-MF-5 Districts are the only residential zoning districts which permit multifamily housing. The promotion of multifamily housing in these districts is intended to accomplish the creation of affordable, safe and walkable residential developments.

Multifamily dwellings. All multifamily dwellings with more than four units shall be subject to site plan approval in accordance with §§ 150-95 through 150-98 of this chapter and such dwellings, unless as part of a designed multiple-use development, shall also be subject to the following special requirements:

Legislative intent. In a Local Historic Center District, in order to preserve the existing architecture and historic buildings and the character of the area, to permit an appropriate and economically sound form of development and in order to provide a transitional use between businesses and adjoining residential areas, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except as permitted in § 150-48B of this chapter, and all such uses shall be subject to site plan approval requirements of this article and the following additional special requirements:

Purposes and general provisions.

Boundaries.

Applicability. These provisions shall apply to all development and uses within the Aquifer Protection Overlay (AQO) Zone. For those areas that are served by both public water and sewer, only the general provisions below, shall apply to development and uses therein. The term "served by both public water and sewer" shall mean the owner has received all required regulatory approvals to establish public water and sewer districts, and/or has agreed to connect to the existing public water and sewer districts, and the Town or respective water and/or sewer district has agreed to provide sufficient system capacity in order to serve the proposed development. Lawful development, uses and building lots located within the AQO Zone existing as of the effective date of the local law adding this subsection[1] about applicability to this chapter are not subject to this section and shall be considered lawfully nonconforming. Alteration of lawfully nonconforming uses and buildings and issuance of building permits for construction on any legal lot existing as of the effective date of the local law adding this section about applicability to this chapter shall be subject to the provisions found in this chapter for nonconforming uses, structures, and lots.

General provisions. The following conditions shall apply to all land in the Aquifer Protection Overlay (AQO) Zone:

Residential density regulations. The following standards apply to all land in the Aquifer Protection Overlay (AQO) Zone where use of wells and/or septic systems is proposed:

The Planning Board may issue a special use permit to allow one or more activities restricted in the Aquifer Protection Overlay (AQO) Zone's general provisions, or residential density regulations, above, if the Board finds that:

When considering the standards for the issuance of a special use permit, as required by Subsection F(1) through (3) above, the Planning Board shall consider the following facts:

All land use development projects for which a completed application for site plan approval, subdivision approval, or grant of a special use permit was outstanding on the effective date of the local law enacting Code § 150-79 shall be exempt from the provisions of Code § 150-79.

All lots or open lands under water or subject to flooding shall be subject to the requirements for flood-prone areas as provided in the provisions of Chapter 78, Flood Damage Prevention and Article XIII, Conservation Cluster.

No more than 10% of the minimum area requirement of a lot may be fulfilled by land which is subject to periodic flooding as defined in Chapter 78 of the Town Code. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.

50% of lands under water, including streams, ponds and all designated state and federal wetland areas shall be deducted from the gross lot area for the purposes of determining minimum lot area requirements.

No building permit shall be issued for the construction of any permitted or accessory use in any district within 100 feet of the mean high-water mark of the Hudson River, nor within 50 feet of the normal water edge of the main and tributary branches of Fishkill, Clove and Sprout Creeks, nor within 30 feet of any other watercourse designated on the Town Open Space and Natural Resource Index. Distances shall be measured horizontally.

There shall be no removal or deposition of material, on lots or open lands in any district, within 100 feet of the mean high-water mark of the Hudson River, nor within 50 feet of the normal water edge of the main and tributary branches of Fishkill, Clove and Sprout Creeks, nor within 30 feet of any other watercourse designated on the Town Open Space and Natural Resource Index, except as hereinafter provided. Distances shall be measured horizontally.

All lots or open lands bordering watercourses shall, in addition, be subject to the provisions of § 150-91 of this chapter and also Article XII of this chapter where applicable.

Existing buildings or structures within the restricted areas designated in Subsection A hereof shall be permitted to continue but shall be deemed nonconforming within the meaning of §§ 150-25 and 150-28 of this chapter.

An application for a building permit for a use requiring site development plan approval shall be made to the Zoning Administrator and shall be accompanied by a detailed development plan which shall contain the following information:

In addition, the application shall be accompanied by a stormwater pollution prevention plan consistent with the requirements of Town of Fishkill Town Code Chapter 130. The SWPPP shall meet the performance and design criteria and standards in Chapter 130, Article V. The approved site development plan shall be consistent with the provisions of Chapter 130. Any application for final approval for a property connected to the municipal sewer system shall include a fully executed current certificate of sewer compliance.

To offset the costs incurred by the Town in making drainage improvements resulting from development taking place within the Town, all applicants for approval of site development plans involving the construction of any buildings, streets or other improvements shall be required to submit a downstream drainage improvements fee, payable to the Town of Fishkill, in accordance with the current Fee Schedule.

Sketch plan review; preliminary application procedure.

Formal review. A public hearing shall be conducted in conformance with the requirements of Chapter 114 of the Town of Fishkill Code. Notice of such public hearing shall be posted, published and mailed as required by Chapter 114 before said hearing is held. The applicant and/or his representative must attend the public hearing. Within 62 days after the close of the public hearing, the Planning Board shall forward its findings to the applicant and the Zoning Administrator. The Zoning Administrator shall also notify the applicant whether the preliminary application has been approved, disapproved or approved with modifications. Within seven days the Planning Board shall also file a copy of its findings in the office of the Town Clerk. The Planning Board's findings regarding a preliminary application shall expire six months from the date of approval if no application for final approval is submitted within such period, except where such time limit is extended by mutual consent of the applicant and the Planning Board.

Final application procedure. Application for final approval shall follow the same procedures as outlined in this section, except that the Planning Board may waive a second public hearing if a hearing was held at the preliminary stage and may waive other procedural matters and requirements which it deems unnecessary at this stage. In any event, the notification procedure outlined in this section for preliminary application shall be followed by the Planning Board for final site plan approval, approval with modifications or disapproval, along with reasons therefor.

Performance bond. As a condition of approval under this article the Planning Board may require the posting of a performance bond with supporting security. The purpose of the bond is to cover the cost of site improvements required by the site plan approval including but not limited to grading, erosion and sediment controls, landscaping, stormwater management improvements, sidewalks, etc., but not including building construction. The amount of such bond shall be based on an estimate submitted by the applicant, reviewed, and approved by the Planning Board's engineer and approved by the Town Board. The performance bond shall be in a form acceptable to the Town Attorney, and the supporting security shall be in the form of a cash deposit, the assignment of a bank account, or the posting of a letter of credit.

Inspection fee. As a condition of approval under this article an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of 7% of the estimated cost of constructing all private roads, sidewalks, water supply, sewerage and storm drainage systems, grading, landscaping and all other site improvements, not including building construction, shall be paid to the Town of Fishkill. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such development as it progresses, and upon completion.

Any final site plan approval granted by the Planning Board shall lapse should a request for a building permit not be made by the applicant or successors in interest of the applicant within one year of the date of the Planning Board's final site development plan approval. However, for all final site development plan approvals issued by the Planning Board after January 1, 1988, it shall be authorized, upon application by the applicant or successors in interest of the applicant, to vary the effect of the one-year lapsing provision for good cause shown. All such applications shall be referred, in writing, by the Planning Board to the Town Board for its review and recommendations, based upon the following factors: the extent to which the applicant or the applicant's successors in interest have contributed, are committed to contribute or propose to contribute financially to the public water, sewer, drainage or other infrastructure improvements of the Town of Fishkill, to the benefit of the public at large; the extent to which reapplication for the renewed site development plan approval would constitute an undue and unnecessary burden upon the public boards, officers and employees of the Town of Fishkill; and the extent to which the applicant or the applicant's successors in interest possess the means and abilities to follow through with development of the approved final site plan within a reasonable time. The Planning Board shall give significant weight to the recommended findings of the Town Board, most particularly where the applicant or the applicant's successors in interest fulfill the infrastructure contribution standards set forth hereinabove. In no event shall the Planning Board, either retrospectively or prospectively, extend the time of an applicant or the applicant's successors in interest for filing of a request for a building permit beyond three years of the date of the final site development plan approval.

In acting on any proposed site plan of development, the Planning Board shall take into consideration the provisions of the Town Comprehensive Plan adopted by said Board and the Official Map as it may be adopted by the Town Board. The Planning Board shall also consider the proposed location of main and accessory buildings on the site and their relation to one another, traffic circulation within the site, height and bulk of buildings, provision of off-street parking space, provision of buffer areas and other open spaces on the site and display of signs, so that any development will adequately handle pedestrian and vehicular traffic within the site in relation to the street system adjoining and will harmoniously and satisfactorily fit in with contiguous land and buildings and adjacent neighborhoods. In addition, the Planning Board shall consider the factors of architectural design as it relates to the character of the site and the community, existing and proposed landscaping plans, drainage, road alignment, sewage and waste disposal, air and water pollution and other environmental, aesthetic and engineering aspects of such site plan. The Planning Board may require the review of such factors by authorities appointed by the Town and at the cost of the applicant or developer, and the Planning Board may establish additional requirements based upon this review.

All special use permits for which conformance to additional standards are required are considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this article and such additional requirements as may be specified by the Planning Board according to the provisions of § 150-48 and the corresponding Schedules of Regulations and § 150-110 herein, in addition to all other requirements of this chapter. All such uses are declared to possess such unique, special and individual characteristics that each specific use shall be considered as an individual case.

As a condition of approval under this article, an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of 7% of the estimated cost of constructing all private roads, sidewalks, water supply, sewerage and storm drainage systems, grading, landscaping and all other site improvements, not including building construction, shall be paid to the Town of Fishkill. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such development as it progresses, and upon completion.

All special use permits are subject to site plan approval.

The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

The location, nature and height of buildings, walls and fences, and the nature and extent of existing or proposed plantings on the site, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings and will be compatible with the surrounding area.

Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, light, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a special permit.

Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

The proposed use, structure design, and site layout comply with all the provisions of the Town of Fishkill Code and with the Town of Fishkill Comprehensive Plan.

The site layout, with proposed vehicular, bicycle and pedestrian access, traffic circulation, and parking and loading facilities, is sufficient for the proposed use and is safely designed for emergency vehicles.

The project includes sufficient landscaping and/or other forms of buffering to protect surrounding land uses. Existing vegetation is preserved to the extent practicable.

The Planning Board shall attach such conditions and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance with all applicable standards and requirements.

To offset the costs incurred by the Town in making drainage improvements resulting from development taking place within the Town, all applicants for approval of special use permit uses involving the construction of any buildings, streets or other improvements shall be required to submit a downstream drainage improvements fee, payable to the Town of Fishkill, in accordance with the current fee schedule.

Upon receipt by the Building Inspector of the decision of the Planning Board, showing that conditions required by §§ 150-106 and 150-110 prevail, and upon compliance by the applicant with all applicable standards, requirements, conditions, safeguards and ordinances, the applicant shall, upon payment of any fees prescribed therefor, be entitled to a building permit or certificate of occupancy from the Building Inspector.

Scope of special use permit review. Any special use permit shall be limited in scope to review of the following matters and potential conditions related thereto:

Application requirements. All special use permit applications must be accompanied by the following:

Enforcement of special use permit conditions. If, at any time, the Town Zoning Administrator determines that the recipient of a special permit, as set forth herein, does not maintain the required improvements and/or does not comply with any and all conditions attached thereto, the Town Zoning Administrator shall order that the owner and/or the operator of all soil mining uses comply with all aspects of the special use permit. Failures to abide such direction shall constitute separate violations, subject to the enforcement remedies found within Article XIVA of this chapter.

The proposed use shall be on a site of not less than 20,000 square feet with no less than 150 feet of street frontage on any public road.

No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

All pumps, lubricating and other dispensing devices except air pumps shall be located at least 20 feet from any adjoining lot line or highway right-of-way.

All motor vehicle fuel shall be stored at least 35 feet from any street or lot line or highway right-of-way, in accordance with New York State standards; storage tanks for the foregoing substances shall be totally underground.

Outdoor storage and display of accessories or portable signs may be permitted in areas where they do not constitute a safety hazard to pedestrians or vehicles entering or leaving the station. Premises shall not be used for the display of automobiles, trailers, mobile homes, boats or other vehicles unless specifically permitted by Planning Board site plan approval.

Required side and rear yards adjacent to residence districts shall be used for parking only.

Required side and rear yards adjacent to residence districts shall be screened from the adjoining residential district with such screening as shall be required by the Planning Board; provided, however, that the Planning Board shall require only such screening of a size and design necessary to preserve the residential character of the adjacent residential district.

Curbs shall be constructed in compliance with the County and State Highway Department regulations, and the Planning Board shall evaluate the overall site on the basis of traffic circulation within the site, and traffic within the site in relation to the adjoining street system.

Minimum lot size. 10 acres or more in any district for an animal hospital or kennel.

Work spaces, runs, pens or other facilities shall be located within a completely enclosed soundproof building, and such hospital or kennel shall be operated in such a manner as to produce no objectionable noise, odors or other nuisances beyond the boundaries of the site on which it is located. Such a facility shall assure a zone of attenuation sufficient to prevent any increase in the average preexisting ambient noise levels on the site.

No building in which animals are kept shall be located within 100 feet of any property in a residence district or within 150 feet of any existing residence other than the residence of the owner, operator or an employee thereof.

Animals shall not be permitted beyond the boundaries of the special use permit.

Minimum lot size. 25 acres or more within any residence district for a commercial riding club, academy or stable, which may be used for the Boarding and training of horses.

The use of property for any of the above purposes shall be limited to the keeping of one horse for each acre of lot area.

No stable shall be erected within 100 feet of army property in a residence district.

The total area of all buildings used for such purposes shall not exceed 4% of the minimum lot area.

No horses shall be housed in any buildings used as a residence.

The Planning Board shall require fencing or other suitable enclosures and, in addition, may require buffer landscaping for screening purposes.

Such uses shall comply in all respects with the requirements of the County Department of Health and such further safeguards as the Planning Board may deem appropriate.

The clinic is owned and operated by a sole practitioner.

The clinic shall be conducted within an existing residence in accordance with Item No. 12 of the Schedule of Regulations for Residential Districts[1] or in a new building. The requirements and standards of an R-4A District, set forth in the Schedule of Regulations for Residential Districts, shall apply to any such clinic not located on a state highway.

All operations and activities in connection with such use shall be conducted wholly within the building or accessory building, except for off-street parking and loading areas.

Off-street parking shall be provided in the amount set forth in Article XVII. Parking requirements may be increased, depending upon the needs of each particular proposed use as determined by the Planning Board. Such parking areas shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence district and at least 10 feet in all other cases.

The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances.

Exterior lighting shall not be used to illuminate the structure. Such lighting shall be used only along walk-ways and in the parking area for safety purposes and shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting shall be extinguished no later than 11:00 p.m.

No more than one dwelling shall be permitted in the clinic. Such dwelling shall have at least 700 square feet of gross floor area and shall meet the off-street parking requirements of this chapter in addition to parking required for the clinic.

Access to dental clinics shall be permitted only from county or major Town roads, as determined by the Planning Board, except that secondary access, for safety purposes, may be permitted to other streets.

All operations and activities in connection with such use shall be conducted wholly within such building, except for off-street parking and loading areas.

Any existing main building shall be set back at least 50 feet from the street or from site boundaries abutting a business- or industry-zoned area, at least 100 feet from site boundaries abutting a residence-zoned area and at least 150 feet from any existing building in residential use. Existing accessory buildings shall be set back at least 50 feet from the street and all other site boundaries.

Off-street parking shall be provided in the amount set forth in Article XVII, except that the same may be increased, depending on the parking needs of each particular proposed use as determined by the Planning Board. Such parking area shall be permanently improved, shall be located only in the side or rear yards and shall be set back at least 50 feet from any boundary which abuts a residence-zoned area and at least 10 feet in all other cases.

The entire site, except for areas covered by buildings, parking and loading areas and walks, shall be suitably landscaped as approved by the Planning Board. Suitable natural screening or buffer strips, walls or fencing shall be provided along the boundaries of parking and loading areas to protect adjacent properties from physical damage or nuisances.

Exterior lighting shall be shielded from view of all surrounding residence properties and from streets. All exterior lighting, other than lighting for security reasons, shall be extinguished not later than 11:00 p.m.

Any such use shall comply with all applicable rules and regulations of any county or state agency having jurisdiction.

Purposes and considerations.

The adult entertainment cabaret use is to be restricted as to its location in the following manner, in addition to any other requirements of this Code:

No more than one adult entertainment cabaret, as defined above, shall be located on any lot or parcel.

Purpose and legislative intent.

Definitions; word usage. For purposes of this section, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations, shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions set forth herein shall supersede any definitions set forth within § 150-6, and the definitions set forth hereinbelow shall control and apply to § 150-126 and all subparagraphs herein.

Application types. There shall be four specific types of applications for special use permits under this section, which shall include Type I, Type II, Type III, and Type IV applications. It shall be the obligation of any applicant to explicitly and correctly identify which type of application they are filing.

Shot clock periods.

To comply with the requirements of Section 47 U.S.C. § 332(c)(7)(B)(ii) of the TCA, the following shot clock periods set forth hereinbelow shall be presumed to be reasonable periods within which the Planning Board shall render determinations upon special use permit applications for personal wireless service facilities.

The Planning Board shall render determinations upon such applications within the periods set forth hereinbelow, unless the applicable shot clock period list below is tolled, extended by agreement or the processing of the application is delayed due to circumstances beyond the Board and/or Town's controls, as addressed within § 150-126O, P, Q, and R hereinbelow.

Shot clock tolls, extensions and reasonable delay periods.

Consistent with the letter and intent of 47 U.S.C. § 332(c)(7)(B)(ii) of the TCA, each of the shot clock periods set forth within § 150-126D hereinabove shall generally be presumed to be sufficient periods within which the Planning Board shall render decisions upon special use permit applications.

Notwithstanding same, the applicable shot clock periods may be tolled, extended by mutual agreement between any applicant and/or its representative and the Planning Board, and the Planning Board shall not be required to render its determination within the shot clock period presumed to be reasonable for each type of application, where the processing of such application is reasonably delayed, as described hereinbelow.

Application requirements.

Applications for special use permits under this section shall be made to the Zoning Administrator, in accordance with Article XI of this chapter who shall initially determine whether or not the application is complete and/or free of defects upon receipt of the same.

If the Zoning Administrator determines that the application is defective or incomplete, they shall promptly mail a notice of incompleteness to the applicant, in accord with § 150-126D to toll the applicable shot clock, to ensure that the Town and the Planning Board are afforded sufficient time to review and determine each respective application.

Each application shall include the following materials, the absence of any one of which listed hereinbelow, shall render the respective application incomplete: