Fishkill Village City Zoning Code
ARTICLE IV
Regulations Applicable in All Districts
§ 171-18 Applicability.
The following regulations shall apply in all zoning districts.
§ 171-19 Location on lot required.
[Amended 8-17-2009 by L.L. No. 24-2009]
Every building or structure hereafter erected, constructed, reconstructed or moved and every use hereafter established shall be located on a lot as defined herein.
§ 171-20 Street frontage required.
[Amended 3-4-2013 by L.L. No. 2-2013]
No new lot shall be created unless the Planning Board has found that the lot provides sufficient frontage to permit the creation of an access drive which is of sufficient width for access by emergency vehicles except that no frontage shall be smaller than 25 feet.
No permit shall be issued for any land use or structure unless the lot upon which such land use is to be established or structure is to be built has frontage on a street or highway, as defined herein, sufficient to provide for emergency access, which street frontage provides the actual access to such land use or structure and which street or highway shall have been suitably improved to the satisfaction of the Planning Board or a performance bond posted therefor as provided in § 7-736, Subdivision 2, of the Village Law.
A variance from the requirements of this section may be sought in accordance with § 7-736 of the Village Law.
§ 171-21 Yards and open space.
No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. No yard or other open space on one lot shall be considered as a yard or open space for a building on any other lot.
§ 171-22 Subdivision of existing lots.
Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the establishment of a land use or the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.
§ 171-23 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 shall be applied.
§ 171-24 Permits to erect buildings on nonconforming lots.
[Amended 12-4-1996 by L.L. No. 9-1996]
A permit may be issued for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to the adoption of this chapter, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot lies, provided that:
All yard setbacks and other requirements which are in effect at the time of the obtaining of said permit are complied with.
The owner shall not own sufficient continuous land to make a conforming lot.
If used for a dwelling, the lot shall contain a minimum area of 10,000 square feet.
[Amended 8-17-2009 by L.L. No. 24-2009]
Such substandard lot shall not be formed in violation of an existing ordinance or local law.
§ 171-25 Lots underwater or subject to flooding.
All lots underwater or subject to flooding shall be subject to the requirements for flood-prone areas as provided in Article IX of this chapter. No more than 25% of the minimum area requirement of a lot may be fulfilled by land which is underwater or subject to periodic flooding. All minimum front, side and rear yard requirements must be satisfied by measurement on dry land.
§ 171-26 Lot area and shape.
In determining compliance with minimum lot area and shape requirements of this chapter, the following shall apply:
Land subject to easements for drainage facilities and underground public utilities may be included, but street or highway, easement for vehicular access, private right-of-way for vehicles or easement for aboveground utility transmission lines may not be included.
Land in a zoning district having a higher lot area requirement shall not be used to satisfy a lot area requirement in a zoning district having a lesser lot area requirement; and land in a residence district shall not be used to satisfy a lot area requirement in any other district.
§ 171-27 Lots bordering streams.
No building permit shall be issued for the construction of any permitted principal or accessory use in any district within 50 feet of normal water edge of the main and tributary branches of Fishkill Creek or within the regulatory floodway as defined by § 171-67 of this chapter.
§ 171-28 Projections into yards.
The following features may extend into any required yard not to exceed the distance specified, but no fire escape on a dwelling converted to or used for multifamily occupancy shall be constructed on the front side thereof which faces on a street.
Cornices, canopies, eaves or any similar features, none of which is less than 10 feet above ground: two feet six inches.
Open fire escapes: four feet.
A chimney: one foot six inches.
Terrace or uncovered porch with its floor level no higher than that of the entrance to the building: six feet.
§ 171-29 Fences and walls.
§ 171-29.1 Construction regulations for fences and walls.
[Added 4-20-2009 by L.L. No. 10-2009]
General provisions. Fences and walls erected, constructed, or reconstructed after the effective date of this section shall be subject to the following construction regulations:
Fences and walls of more than 36 inches in height shall require a building permit.
The height of fences and walls shall be measured from the lowest adjoining finished grade, except where used to comply with screening requirements for parking, loading, storage and similar areas.
Fences and walls may be built up to, but not on, the property line and must be located entirely on the property of the person constructing the fence or wall. In cases where the fence or wall is built up to the property line, the type of fence or wall will be such as to not require maintenance on the side abutting adjacent property. Otherwise, a two-foot setback is required to provide for routine maintenance and a gate to provide access.
The finished side of the fence shall face neighboring properties or the street.
Fences and walls shall not encroach on any public right-of-way.
The owner of the fence or wall must maintain both sides of the fence or wall in reasonably good condition.
The height of fences and walls located within a corner lot or curb cut sight triangle shall not exceed 36 inches above the lowest adjoining finished grade.
The height of fences and walls shall not exceed four feet in front yards, six feet in side yards, and six feet in rear yards.
The design and use of materials for fences and walls should be compatible with the architecture of the principal building. Use of chain link and vinyl fencing is discouraged.
Fences that comply with the above standards shall not be subject to district setback requirements.
§ 171-30 Corner lots.
[Amended 12-4-1996 by L.L. No. 9-1996]
On a corner lot, the required side yard abutting a street shall be at least equal to the required front yard. A rear yard shall be provided on each corner lot, and the property owner shall elect which yard not abutting a street is the rear yard. On corner lots which front on more than two streets, each of the yards which abut a street shall be at least equal in depth to the required front yard.
§ 171-31 Visibility at intersections.
On a corner lot, no building, fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangle formed by the intersecting street lines and a straight line between points 30 feet distant from the intersection measured along such street lines.
§ 171-32 Reductions in front yard requirements in residence districts.
The depth of a front yard in any residence district may be reduced below that required in the schedule of regulations (§ 171-52) to the average depth of the front yards of the dwellings on adjoining lots on each side or, if there are no such adjoining dwellings, to the average depth of the front yards of the nearest dwellings on the same side of the street within 500 feet.
§ 171-33 Exceptions to height limitations.
Chimneys, towers, gables, scenery lofts, church spires, cupolas, water tanks, similar structures and necessary mechanical appurtenances may be erected on a building to a height greater than the limit established for the district in which the building is located, provided that they are not used for sleeping or housekeeping purposes or for any commercial purposes other than such as may be incident to the permitted use of the principal building. However, such structure and appurtenances shall be erected only to a height necessary to accomplish the purpose that they are intended to serve, and they shall not cover at any level more than 20% of the area of the section of roof on which they are located. Such structures shall be enclosed with materials of type and design that will be in harmony with the materials and design of the building on which they are located. Such structures shall be so constructed and fastened as to prevent their being blown over by any reasonably expected wind. Such structures shall be certified as safe by a licensed professional engineer.
Height limitations shall not apply to water towers, standpipes and monuments when such structures are otherwise permitted by this chapter.
Dish and microwave antennas.
[Added 3-11-1985 by L.L. No. 3-1985]
The provisions of this section are intended to regulate dish antennas and microwave antennas in order to minimize any adverse impacts on commercial and residential neighborhoods and structures.
§ 171-34 Exterior lighting.
[Amended 11-1-2010 by L.L. No. 12-2010; 11-2-2015 by L.L. No. 6-2015; 11-15-2021 by L.L. No. 4-2021]
Intent and purpose. The intent and purpose of this section is to provide standards for outdoor lighting in order to maintain and protect the aesthetic character of the Village; to encourage conservation of energy while providing safety, utility and security; to minimize glare; to avoid impacts on and to protect the privacy of nearby residences; to reduce atmospheric lighting pollution; to ensure that development fits into its surroundings rather than being superimposed upon the existing environment; and to enhance the Village's nighttime ambience and character.
All exterior lighting. All exterior lighting, including the lighting of signs, shall be of such shading as will prevent unreasonable glare from being seen from any adjacent property. Hours of lighting may be controlled by the Planning Board in acting on any site development plan.
Intensity of lighting. No use shall produce glare as to cause illumination beyond the property on which it is located in excess of 0.0 footcandles or lumens at the property line. Footcandle levels greater than 5.0 are considered excessive and shall be avoided.
In all districts, the maximum pole height for any exterior light fixture shall not exceed 12 feet as measured from the ground.
A photometric lighting plan shall be provided for all proposed lighting or for the retrofitting of existing light fixtures with light-emitting diode (LED) fixtures. The photometric shall provide specifications for all lights proposed. The color temperature of all LED lighting shall be 3,000 K or less. The lighting specifications shall also include backlight, uplight and glare (BUG) ratings for all proposed fixtures.
ATM lighting. Unless accessory to a bank, all ATM banking machines shall be installed indoors so that the New York State ATM Safety Act[1] design requirements shall not be applicable. The Planning Board remains responsible for ensuring that outdoor ATM banking machines accessory to a bank do not cause glare or other unwanted light spillage affecting residential areas and uses.
[1]
Editor's Note: See Banking Law § 75-a et seq.
§ 171-35 Outside storage.
Outside storage, (including storage and display of merchandise, supplies, machinery and other materials and the outside manufacture, processing or assembling of goods, but excluding areas for parking of registered motor vehicles in daily use) shall be limited as follows, but the storage or parking of unregistered or unlicensed vehicles or parts thereof is strictly forbidden in any area of the Village.[1]
In business districts, outside storage areas shall not extend into the area required for setback from a property line or residence district boundary line and shall not exceed 20% of the lot area.
In industrial districts, outside storage areas shall not extend into the area required for setback from a property line or residence district boundary line, shall not exceed 30% of the lot area and shall be enclosed (except for necessary access drives) by buildings and/or by fences, walls, embankments or evergreen shrubs or trees so as to screen the storage area from view from any other lot or from any street. The enclosing buildings, fences, walls, embankments or evergreen shrubs or trees shall either be of a height sufficient to screen completely the storage area or have a height of eight feet, whichever is less, and shall be of a density as to be not less than 75% effective in screening such view, except that when evergreen shrubs or trees are used, such height and density shall be achieved within five years after establishment of the outside storage area.
The sale and display of motor vehicles is prohibited on all properties within the Village of Fishkill that are used for commercial and/or industrial purposes, except where the sale and display of such vehicles occurs in connection with the operation of an approved vehicle sales facility that is in compliance with the ordinances and local laws of the Village.
[Added 6-20-2005 by L.L. No. 3-2005]
Portable storage unit. A maximum of one portable storage unit may be placed on any residentially used or zoned lot for a period not exceeding nine months during any twelve-month period if the owner possesses a valid building permit, or for a period not exceeding three months during any twelve-month period otherwise. Said storage unit shall only be placed on a driveway or in a parking area, and not on lawns or other vegetated areas.
[Added 8-1-2011 by L.L. No. 4-2011]
§ 171-36 Site development and landscaping; refuse disposal.
All portions of multifamily and nonresidential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be landscaped and permanently maintained in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the character of the Village as a whole.
Driveways. There shall be no more than two driveways entering any lot from any one street, except that there may be one additional driveway for each 300 feet of lot frontage in excess of 300 feet. Driveways shall not exceed 30 feet in width at the street line unless a greater width is required by Dutchess County or by the State of New York.
Off-street parking and loading.
In business districts, no part of the area required for setback from a residence district boundary line shall be used for off-street parking or loading.
In industrial districts, no part of the area required for setback from a residence district boundary line shall be used for driveways or off-street parking or loading. No part of the area required for setback from a street line shall be used for off-street loading, and no more than 50% of such area shall be used for driveways and/or off-street parking.
In the PI District, 8% of any off-street parking area, including areas of vehicle storage, shall be landscaped.
[Added 11-2-2015 by L.L. No. 6-2015]
Porous pavement is permitted in industrial, business and multifamily residential uses subject to the following:
[Added 11-2-2015 by L.L. No. 6-2015]
Porous pavement shall only be used in parking spaces.
Porous pavement shall not be located in drive aisles, driveways or in areas used for the dispensing of gasoline or other fuels or where hazardous liquids could be absorbed into soil through porous pavement.
Porous pavement systems that utilize turf grass shall be limited to overflow parking areas that are not utilized for regular parking and are not occupied on a daily basis.
Porous pavement shall not count as required landscaping.
The use of porous pavement does not permit parking spaces, drive aisles or driveways to be located anywhere not otherwise permitted by the regulations of this Zoning Ordinance.
In cases where 50% of the parking spaces consist of porous pavement, a five-percent increase in lot coverage is permitted.
The applicant must demonstrate sufficient soil infiltration below the porous pavement, and the porous pavement shall be designed to the satisfaction of the Village Engineer.
A maintenance agreement with the Village of Fishkill for the maintenance of porous pavement shall be required.
Screening. In connection with the review of any site plan or special permit application for a nonresidential use abutting or directly across a local street from any property in a residence district, a buffer strip shall be required along all such property lines. Such buffer strip shall comply with at least the following minimum standards:
In business districts, a strip of land not less than 20 feet in width along and adjacent to any residence district boundary line shall be suitably landscaped with trees and/or shrubs and with lawns.
In industrial districts, the area required for setback from a street line shall be suitably landscaped with trees and/or shrubs, lawns, washed gravel or ornamental brick or stone pavement except for sidewalks and permitted driveways and off-street parking spaces. Along and adjacent to any residence district boundary line, a strip of land not less than 30 feet in width shall be left in its natural state if already wooded or shall be landscaped with evergreen trees planted to grow into a dense evergreen buffer strip within five years.
Where existing conditions and land use warrant otherwise, exception to the above may be granted by the Planning Board.
Maintenance. Required plantings, walls and fences shall be properly maintained in good condition at all times throughout the duration of the use in connection with which they were required.
Refuse disposal. Adequate facilities for disposal of refuse shall be provided in all districts. In multifamily and nonresidential districts, all refuse disposal units or locations for deposit must be screened from view and designed in such fashion as to be fireproof and/or fire-retardant and to prevent access by rodents, dogs, cats, etc., and blowing away of refuse; and all dumpsters must remain closed at all times.
Stacking and queuing. Site plans shall be designed so that vehicles do not stack or queue into the public roadway.
[Added 3-4-2013 by L.L. No. 2-2013]
Laundry plants.
[Added 3-4-2013 by L.L. No. 2-2013]
The location and type of any materials classified as hazardous by the Fire Code of New York State shall be noted on the site plans.
An applicant for site plan approval for a laundry plant shall demonstrate compliance with all state and federal regulations.
Parking shall be provided in accordance with the standards for manufacturing and industrial uses.
Interconnection. Interior parking lots shall be designed so that they may be connected to parking lots on adjacent lots to create interior connector roadways. In the case of practical difficulties, the Planning Board may waive this requirement.
[Added 3-4-2013 by L.L. No. 2-2013]
§ 171-37 Alteration of wetlands and watercourses.
Alteration of wetlands or watercourses. In any district, no alteration of wetlands or watercourses, whether by excavation, filling, grading, clearing, draining or otherwise and whether or not incidental to activities otherwise permitted, shall be made in contours (whether submerged or above water level), water levels or flow of such wetlands or watercourses without review as to the effect of such alteration and any related facilities on water recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion. This review and approval of such alteration shall be made by the Planning Board.
Before granting or denying any request in accordance with this section, the Planning Board:
May require a public hearing, the notice of which shall be published in the Village's officially designated newspaper at least five days prior to the date of such hearing.
May request a written report on the effects of such alteration by the Soil Conservation Service of the United States Department of Agriculture or such other expert of the Planning Board's choosing at the expense of the property owner or developer, and payment in advance of the amount of such expense, if any, shall be a condition of further consideration.
Will notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
Will require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
§ 171-37.1 Solar and wind energy facilities.
[Added 11-2-2015 by L.L. No. 6-2015]
Purpose and objectives. The proliferation of solar energy systems ("SES") and wind energy systems ("WES") as an environmentally friendly and cheaper energy alternative is expected in the coming years, and this equipment and the installation thereof must be reasonably regulated in order to protect the health, safety and welfare of the residents of the Village of Fishkill and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Village. The Village recognizes the demand for SES and WES facilities and the need for the services they provide. This section regulates SES and WES installations to ensure that any such proposed energy system is designed, located, and installed in accordance with sound planning by:
Promoting the health, safety and welfare of the residents of the Village.
Minimizing the adverse visual effects of alternative energy systems and protecting the natural features, aesthetics, residential and historical character of the Village through careful planning, design, location, buffering, and screening.
Avoiding potential damage to adjacent properties from falling or flying debris from SES and WES facilities through careful engineering and reasonable siting of energy system structures.
No SES or WES shall be located or operated so as to impede the function of any other existing SES or WES facility or of any radio or microwave communication device.
No SES or WES shall be located so as to reduce or impede the amount of sunlight that would fall on an adjoining lot absent the SES or WES. A letter from the installer certifying this shall be submitted with the building permit application.
Solar energy systems.
Roof-mounted SES facilities shall be permitted by issuance of a building permit on all properties in the Village except those within the Historic Preservation Overlay Zone, provided such facilities meet the following standards:
SES facilities on a peaked, pitched, gable, hip or mansard roof shall be mounted parallel to and with the top surface of the panel no more than 18 inches above the roof surface and shall be located no less than three feet from the edge of any part of the roofline. In addition, on a mansard roof, the SES facilities shall be mounted on the upper roof surfaces that are least visible from the street and adjacent properties.
SES facilities on flat roofs having no parapet shall be mounted parallel to the roof surface and located no less than three feet from the edge of any part of the roofline nor more than three feet above the height of the roof.
SES facilities on flat roofs with a parapet shall be located no less than three feet from the edge of any part of the roofline or parapet nor above the height of the parapet.
SES facilities shall use black or neutral, nonreflective colors. All utility services and electrical wiring shall be underground or otherwise placed within conduit securely attached to the roof and walls.
Roof-mounted SES facilities shall be permitted with certificate of appropriateness approval and a building permit on properties located within the Historic Preservation Overlay Zone, provided such facilities meet the following standards in addition to the criteria in Article IXA:
SES facilities on a peaked, pitched, gable, hip, or mansard roof shall be mounted parallel to and with the top surface of the panel no more than 18 inches above the roof surface and shall be located no less than three feet from the edge of any part of the roofline. In addition, on a mansard roof, the SES facilities shall be mounted on the upper roof surfaces that are least visible from the street and adjacent properties.
SES facilities on flat roofs having no parapet shall be mounted parallel to the roof surface and located no less than three feet from the edge of any part of the roofline nor more than three feet above the height of the roof.
SES facilities on flat roofs with a parapet shall be located no less than three feet from the edge of any part of the roofline or parapet nor above the height of the parapet.
SES facilities shall use black or neutral, nonreflective colors.
All utility services and electrical wiring shall be underground or otherwise placed within conduit securely attached to the roof and walls.
The location of the SES facilities shall minimize any adverse effects upon a structure's existing fabric and minimize visual impacts upon the surrounding area.
Any repairs to equipment or replacement of parts which result in changes made to the design of the SES or WES shall require a certificate of appropriateness.
All SES facilities shall be installed with the least amount of change or alteration to the historic structure, and no changes shall be made to the historic structure which cannot be reversed without permanent damage.
Ground-mounted SES facilities and building-integrated photovoltaics (solar shingles) shall be prohibited.
Wind energy systems.
Roof-mounted WES facilities are not permitted.
Ground-mounted WES facilities shall be permitted in the General Business 1 (GB-1), the General Business 2 (GB-2) and the Planned Industry (PI) Zoning Districts subject to the following:
Site plan approval shall be required for any WES facility.
Anchor points for guy wires for the WES tower shall be located within the property lines of the lot on which the tower is located, and not on or across any aboveground electric transmission or distribution line, and shall be suitably protected from tampering or trespass.
Each WES shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application for site plan approval shall include a statement by a New York State-registered professional engineer certifying that the rotor and over-speed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer shall also certify the structural compatibility of potential towers with available rotors. This certification shall include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the loss of blade theory.
The base of the tower shall be completely enclosed by a locked, protective fence of at least six feet high, and designed to prevent tampering and trespass to the tower.
Ground-mounted WES facilities shall not exceed the maximum allowable height for a principal structure for the zoning district in which the lot is located.
WES facilities are prohibited in any front yard and shall be located behind the front line of the principal structure.
WES facilities shall be located only in a side yard or rear yard and shall be set back no less than 1.5 times the height of the support tower from any adjoining property line and any habitable structure. In addition:
The WES shall meet the requirements of Chapter 99 of the Village Code, Noise. To assure compliance with this requirement, the applicant shall provide a noise analysis prepared by a New York State-licensed professional stating that the proposed WES facility would operate within the requirements of Chapter 99 and would not exceed the established noise standards of the Village Code.
All power transmission lines from the WES to any building or other structure shall be located underground and otherwise placed within conduit securely attached to the roof and walls.
No television, radio or other communication antenna may be affixed to or otherwise made a part of a WES without Planning Board approval of an amended site plan.
No variance shall be granted in connection with any ground-mounted WES to permit a height greater than the maximum allowable height for a principal structure in the zoning district in which the lot is located, or to allow the placement of any WES nearer to an adjoining property line or habitable structure than the minimum setback required by this section.
The WES and its location on the property shall be designed to limit its visual impact on surrounding properties, and to minimize noise from the WES to adjacent and nearby properties.
The WES shall be screened, to the extent practicable, from adjacent properties by fencing or a combination of fencing and evergreen and deciduous plantings.
No signs, except for safety and warning signs, are permitted.
If a SES or WES facility ceases to operate or to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the facility no later than 90 days after the end of the twelve-month period.