Fishkill Village City Zoning Code
ARTICLE VIII
Standards for Special Permit Uses
§ 171-62 Applicability.
A special permit use shall conform to the following individual standards and regulations, where applicable, in addition to all other regulations for the zoning district in which the special permit use is located.
§ 171-62.1 Tattoo parlors. [1]
[Added 2-18-1997 by L.L. No. 3-1997; amended 8-15-2022 by L.L. No. 1-2022]
Legislative intent. The Village Board of Trustees hereby finds that tattoo parlors no longer have the objectionable status in the community that they once had, many years ago. Therefore, an amendment to the Village Code is necessary to allow for the more socially acceptable status of this use, as an art form. Accordingly, the Village Board of Trustees enacts the following revised standards to permit a greater opportunity for the establishment of tattoo parlors in the Village, while still maintaining reasonable standards.
Standards. To help achieve the above-stated goals and to promote the objectives of the Village's Comprehensive Plan, the granting of special permit and site plan approvals by the Planning Board shall be subject to the following requirements in addition to the other requirements of said approvals contained in Articles VII and X of this chapter.
Not more than one tattoo parlor shall be permitted on any lot.
No tattoo parlor shall be permitted on any lot which is located within 1,000 feet of any other lot containing a tattoo parlor.
No tattoo parlor shall be permitted on any lot which is located within 200 feet of any residential zoning district in the Village.
Tattoo parlors shall comply with all other requirements of this chapter, as well as all applicable Village, county, state and federal laws and regulations.
[1]
Editor's Note: Former § 171-62.1, Funeral homes, as added 4-22-1996 by L.L. No. 1-1996, was repealed 7-1-1996 by L.L. No. 5-1996.
§ 171-63 Convalescent or nursing homes.
A special use permit may be granted, after public hearing, by the Planning Board for a convalescent or nursing home, provided that:
A convalescent or nursing home may be occupied only by patients, staff members and the family of one staff member or custodian.
Any existing building used for such a home shall be located on a lot not less than one acre in size; any building hereafter constructed for such use shall be on a lot not less than two acres in size.
There shall be no more than one patient bed for each 2,000 square feet of site area.
The buildings shall comply with federal, state and local regulations pertaining to safety and health.
§ 171-63.1 Home occupations.
[Added 7-20-2009 by L.L. No. 16-2009]
Home occupations may be permitted, in homes, subject to site plan approval and the receipt of a special permit, when the applicant can demonstrate to the Planning Board's satisfaction that the business activity will comply with the following criteria and standards.
The provisions of this section are intended to protect and maintain the residential character of the districts in which such uses are permitted. Home occupations shall:
Only one home occupation per residential unit shall be permitted. A home occupation shall be clearly secondary to the residential use.
No outdoor storage or displays shall be permitted.
No more than two nonresident employees, interns or assistants shall be permitted.
A home occupation shall not occupy more than 25% of the gross habitable area of the house.
Home occupations shall be conducted only by a resident of the house.
No exterior visual evidence of the existence of a home occupation shall be permitted. A nameplate identifying the name of the resident carrying out the occupation and the service offered may be authorized by the Planning Board. Such nameplate shall not exceed two square feet and shall not be illuminated or animated.
Services and instruction offered shall be limited to not more than two clients or customers at a time. No services generating noise audible outside of the home shall be permitted. (Refer to Chapter 99, Noise.)
The home occupation shall not generate more than four one-way commercial vehicle trips per day.
Any additional parking spaces as may be required by the Planning Board shall be provided in such a manner as to preserve the residential character of the parcel.
No on-site wholesale or retail sales are permitted.
No home occupation shall create a hazard to public health, welfare or safety.
In addition to those uses which do not meet all the requirements stated herein, uses which are specifically prohibited as home occupations shall include, but are not limited to, the following: bed-and-breakfast, ambulance, taxi, towing or similar service, automobile-related business including repair, parts, sales, body work, painting or washing service; restaurant, bar, video store, kennel and animal hospital.
One commercial vehicle for the home occupation is permitted.
The Village Planning Board may waive the special use permit requirements of this section in the event that such requirements are, in the opinion of the Planning Board, found not to be requisite in the interest of public health, safety or general welfare or inappropriate to a particular home occupation special use permit. In no case shall the Planning Board waive the prohibited uses listed in § 171-63.1M, above.
[Added 3-15-2010 by L.L. No. 3-2010]
§ 171-64 Hotels and motels.
[Amended 3-25-1997 by L.L. No. 1-1997; 3-4-2013 by L.L. No. 2-2013]
A special use permit may be granted for a hotel/motel that meets the standards for a special use permit set forth in § 171-56 and the following supplemental standards:
There shall be no parking or driveways (excepting entrances and exits) within five feet of property lines, except that where property abuts a residential district, the restricted area shall be increased to 10 feet.
The maximum percentage of building coverage shall be 30%. This building coverage supersedes the Schedule of Dimensional Regulations.[1]
[1]
Editor's Note: Former Subsection C, regarding yard requirements, which immediately followed this subsection, was repealed 8-17-2009 by L.L. No. 24-2009. Former § 171-64.1, Multifamily dwellings, added 7-20-2009 by L.L. No. 17-2009, as amended, which immediately followed this subsection, was repealed 3-4-2013 by L.L. No. 2-2013. See now § 171-86, Multifamily dwellings.
§ 171-65 Planned unit developments.
Purposes and intent. It is the intent and purpose of the regulations for this district, in addition to the purposes of this chapter as stated in Article I, to achieve the following objectives:
The creative use of land so as to establish a more desirable living environment than would be possible through the strict application of other sections of this chapter.
The preservation of water bodies, wetlands, steep slopes, hilltops, ridge lines, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic and ecological value, and the prevention of soil erosion and minimization of flood hazard.
An efficient use of the land so as to facilitate the adequate and economical provision and maintenance of streets, sewer, water and drainage facilities, so as to promote the public health, safety and welfare and to minimize potential pollution hazards.
Innovation, flexibility and variety in the type, design and layout of residential housing so as to permit greater variety in the choice of housing type, living environment, occupancy tenure and housing costs.
The maximum provision of community, social, recreational, cultural and other service facilities as integral parts of newly constructed residential communities.
Eligibility requirements.
Minimum site size. The minimum site area for a planned unit development shall be 25 acres.
Ownership. The land proposed for a planned unit development may be owned by one or more persons or corporations, but shall be combined into a single contiguous parcel of land at or prior to the time of application to the Village Board for a change in the zoning. The application shall be jointly submitted by all owners and, if approved, shall be jointly binding on all of them.
Permitted uses. The permitted principal and accessory uses within a planned unit development shall be limited to those specified in § 171-52 herein. A separate special use permit is not required for any permitted use within a planned unit development if such use was shown on the approved site development plan for the entire development; provided, however, that site development plan approval shall still be required.
Development standards and controls. All improvements within planned unit developments shall be required to comply with the following specified standards and controls in lieu of those comparable requirements for other residential developments which are specified elsewhere in this chapter and in the Land Subdivision Regulations:[1]
Development density. Residential density shall be a minimum of 10,000 square feet gross area per dwelling unit, including roads and floodplain areas within 150 feet of a stream or creek but excluding all floodplain areas in excess of 150 feet in distance from the stream or creek.
Minimum dwelling unit size. No dwelling unit in the planned unit development shall have a usable floor area of less than 1,000 square feet, except in the case of permitted special uses, which shall be governed by Subsection E.
Dwelling unit mix. It should be the responsibility of the Planning Board to determine if the percentage of proposed units of each dwelling unit type and size is suitable and appropriate for the development and is in the public interest.
Open space and recreation areas. At least 5% of the gross acreage of any planned unit development shall be composed of land which is owned or controlled jointly by all property owners within the development and is used for recreational purposes and/or preserved as natural open space. Such areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics, with access, shape, dimensions, location, topography and nature and extent of improvements suitable, in the opinion of the Planning Board, for the intended purposes. Permanent preservation and maintenance of such areas shall be assured by means of the filing of covenants and restrictions, negative easements and/or scenic easements on the land and by the formation and incorporation of a homeowners' association which shall be required to maintain such open space and recreational areas. Such association shall be subject to the requirements of Subsection G.
Utilities.
In order to achieve greater safety and improved appearance, all water, sewer and gas lines and all electric, telephone and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by the regulations of the state, local and/or utility company having jurisdiction.
Where, in the opinion of the Planning Board, connections to existing facilities are possible and warranted, sanitary sewers and or water mains and fire hydrants to be installed in a planned unit development shall be connected to such existing facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction.
Where connection to existing off-site public water or sewerage facilities is not possible or not warranted, a central water supply and sewage treatment system shall be designed and constructed by the applicant to serve all dwelling units within the planned unit development in accordance with the standards and subject to the approval of the Dutchess County Department of Health and the appropriate state and federal agencies where such approvals are required.
Setbacks. The distance between adjacent single-family attached dwelling unit (duplex) buildings shall be a minimum of 40 feet. In the case of permitted special uses, the distance between adjacent buildings shall be determined by the Planning Board in site plan review, applying standards of firesafety and the necessity of access to said buildings by fire-fighting apparatus.
Landscaping. Where determined necessary by the Planning Board when reviewing the site development plan, buffer landscaping of adequate size, type and spacing may be required to effectively screen buildings within the planned unit development from neighboring properties.
Roads. All roads shall be constructed in accordance with the Village road specifications.[2] The application shall classify roads as major and minor, and the Planning Board, after review by the Village Engineer, in granting its approval, shall set the width for each road classification, together with such additional space as it may deem necessary to provide for future acquisition by the Village. In addition, the Planning Board may require an option from the applicant for the Village to purchase the roads and rights-of-way on which they are constructed at a cost of $1 to the Village.
Development standards and controls applicable to permitted special uses in the planned unit development.
General requirements.
Each planned unit development shall contain no more than one area set aside and designated for special uses. Such special use area shall represent no more than 20% of the total planned unit development site.
The title to the special use area, except for roads and utility easements and rights-of-way, shall be in the common ownership of one individual, partnership or corporation, which shall conduct the uses contained therein or lease space for conducting said uses.
Any change in use by a tenant or owner shall require reapplication for a special use permit for the same.
The Planning Board, in its discretion, may require the development and maintenance of an open space area in the nature of a park, common or Village green, with such walkways and landscaping as it may determine compatible with the overall plan. Said area shall not be less than 5% of the total acreage of the special use area.
The Planning Board, in its discretion, may permit the construction and occupancy of residential units attached to the structures housing the special uses permitted herein, that provided the same are compatible with the overall structure and use, do not affect the architectural design and scheme and are self-sustaining units, with facilities for garbage, storage or disposal, hidden from sight, and all other facilities necessary for residential living. The application for utilization of space in the special use area shall accompany the application for the special use permit and shall be part and parcel of the development of said area. The Planning Board may designate the minimum floor area for each such residential unit, but in no event shall any residential unit have a minimum floor area of less than 600 square feet.
Parking.
Such off-street parking as the Planning Board shall deem necessary and adequate from a determination made from information filed by the applicant and from studies made by or under its direction, based upon the activity determined to be generated by the use.
Where the structure containing the use also contains living quarters and accommodations, two off-street parking spaces per dwelling unit. The Planning Board shall have the right, in its discretion, to waive these requirements where good cause is established.
Yards. Front, side and rear yard setbacks based upon the Planning Board's determination of the requirements for parking, the type of use, the physical configuration of the building housing the use, the type and style of architecture, the nature of adjacent activities, if any, and the impact of the improvement on the overall development and plan.
Application procedure.
No permits for construction of a planned unit development shall be issued unless the applicant shall first have obtained subdivision approval, site plan approval and, in the case of special uses in connection with said development, a special use permit.
All applications for site plan review shall comply with all of the requirements of Article X of this chapter, except as modified herein.
Homeowners' association.
There shall be no permits issued for the construction of residences' contained within a planned unit development until there shall have been filed with the Code Enforcement Officer, subject to the approval of the Planning Board and the Village Attorney, proof of the formation of a corporation organized and designed to provide the legal mechanism for the ownership, maintenance, care and usage of the common areas by an association of all of the owners contained in the development.
[Amended 5-24-2010 by L.L. No. 6-2010]
Any corporation formed and established for the purposes of holding title to the common areas on behalf of the homeowners must submit for review and approval to the Planning Board, its Articles of Incorporation, bylaws, agreements and conditions governing its operation and the relationship of the homeowners to it in connection with the ownership, maintenance and use of the common areas, prior to the issuance of any building permits for construction of residences in the development.
Title to all common areas shall be conveyed to said corporation at such time as the corporation shall have been organized and able to conduct the management of said common areas. In the event that such is not possible at the time permits are issued, then the applicant, its successors or assignees shall file with the Planning Board an agreement, recordable in form, describing the areas in question and setting forth an irrevocable pledge to convey to the said corporation. In any event, said conveyance must occur at such time as the transfer of 25% of the residential lots shall have been conveyed.
Said corporation shall be responsible for the entire operation, maintenance and use of the common areas within the development. Said corporation shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments. In the event that said corporation fails to perform the necessary maintenance operations, the Village of Fishkill shall be authorized to enter upon such premises for the purpose of performing such operations and to assess the cost of so doing equally among all affected property owners.
Dedication of all common areas shall be recorded directly on the subdivision plat, and there shall be endorsed thereon a restriction of such areas or use of same for any other purpose. The restriction shall refer to the intention of reserving said areas as open space in perpetuity for the benefit and enjoyment of the common owners in the subdivision who shall have the use and enjoyment of same.
The Planning Board, in granting its approval in connection with said corporation, may require the filing of a performance bond, with sureties, in such amount as it may determine, conditioned on the faithful performance by the applicant of the establishment and formation of said corporation, the organization of same as an operable homeowners' association and the conveyance to it of the common areas.
§ 171-65.1 Wireless telecommunications services facilities.
[Added 3-3-2003 by L.L. No. 1-2003]
Legislative intent and purpose. The Board of Trustees of the Village of Fishkill determines that it is in the best interest of its residents to establish regulations and standards for the siting, design, installation, appearance, construction and maintenance of all wireless telecommunications services facilities (WTSF) equipment, including towers, monopoles, pole-mounted and structure-attached equipment and other related devices and equipment, in order to achieve the following:
Promote the safety and welfare of the residents of the Village and surrounding communities.
Minimize the adverse visual effects of WTSF's and protect the natural features, historic character, and aesthetics of the Village by careful siting, design, buffering and screening of WTSF's.
Limit the total number of WTSF's to be constructed in the Village to the minimum number of WTSF's necessary to provide adequate coverage within the Village.
Maximize the use of any proposed site by encouraging collocation and multiple use of WTSF's to the extent reasonably permissible.
Encourage the siting of WTSF's on existing or other planned or approved WTSF's.
Encourage the use of alternative technologies, which eliminate the need for new or additional WTSF's in the Village.
Where the siting of a WTSF within the Village is proven to be necessary, to limit new WTSF's to existing nonresidential buildings and areas zoned for industrial uses.
Application requirements. Section 171-56A notwithstanding, special use permit approval for WTSF's shall rest with the Village Board of Trustees. In accordance with § 171-57, site plan approval by the Planning Board shall also be required. The following special use permit standards and requirements shall apply to all WTSF's. All applications for a WTSF shall be accompanied by such written narratives, visual analyses, technical reports, site plans and other materials as determined necessary by the Village Board of Trustees in order to demonstrate that the WTSF would fulfill all of the purposes and meets all of the requirements of this section. No special use permit approval shall be granted unless the Village Board of Trustees makes the findings in writing that the application fulfills all of the purposes and meets all of the requirements of this section.
Use. Except as provided hereinafter, no WTSF shall be located, constructed or maintained on any building, structure or land area in the Village of Fishkill, except in conformity with the requirements of this section and all other applicable regulations. Any alteration of an existing WTSF must comply with requirements of this section and all other applicable regulations.
Demonstration of need and master plan. The operator(s) of the wireless telecommunications service shall submit a copy of its Federal Communications Commission (FCC) license and shall demonstrate to the satisfaction of the Board of Trustees that there is a public need for each such WTSF at the location(s) proposed by the applicant to provide adequate coverage in the Village of Fishkill. The Board of Trustees may hire a qualified professional or recognized authority to review and report on the information and conclusions contained in the application materials, the cost of which shall be reimbursed by the applicant. Such demonstration shall include the preparation of existing coverage and gap plans and a master plan of proposed service which:
Consist of multicolor signal level propagation plots at not less than 5 dBm intervals to -100 dBm at standard USGS scaled drawings of 1:25,000, including information such as, but not limited to, topography and elevations, existing buildings, streets, existing WTSF's and other similarly tall structures, tile propagation plots, radial propagation plots and drive propagation plot data, and identification of all of the relevant system design parameters of all existing, approved or proposed WTSF's which may affect or provide service within the Village of Fishkill. Separate signal level propagation plots shall be required for each existing, planned, approved and proposed WTSF; and
Demonstrate that existing, or other planned or approved WTSF's do not and cannot be modified to provide adequate coverage to the Village of Fishkill; and
Minimize the number of such WTSF's within the Village of Fishkill; and
Maximize collocation and shared use of existing public utility and WTSF's; and
Identify all existing and proposed WTSF's which impact the service area covering the Village of Fishkill and identify all proposed and other locations considered for such WTSF; and
Analyze feasible alternatives, including alternative sites, construction and transmission technologies, to reasonably minimize the visual and other adverse impacts.
Location and access. WTSF's shall be located in accordance with the following priorities. The applicant shall evaluate and demonstrate the infeasibility of a higher priority location before considering the next lower priority:
Collocation on existing or other planned or approved WTSF's within the Planned Industry District which eliminates the need for new or additional WTSF's in the Village.
Placement of new WTSF's on an existing structure within a Planned Industry District.
Construction of a new monopole tower within a Planned Industry District.
Priority shall be given to lands used exclusively for public purposes located outside of residential zones that present opportunity for placement of WTSF's with minimal impact to surrounding land uses as a result of adequate separation from sensitive land uses and/or through the use of stealth technology. WTSF's shall be located on such lands in accordance with the following priorities:
Notwithstanding § 171-53, the Board of Trustees may permit a WTSF outside of a Planned Industry District, provided that the applicant has demonstrated that no site meeting the foregoing criteria is available and that the location, design and appearance of the WTSF at such site protects and preserves the aesthetic qualities, residential characteristics of the Village of Fishkill, the property values of the community and the safety and welfare of its citizens, and would otherwise further the intent and purpose of this section.
In reviewing a particular application for a WTSF, the Board of Trustees may require placement at a lower priority location if it determines that the location, design and appearance of the WTSF at such location would protect and preserve the aesthetic qualities, residential characteristics of the Village of Fishkill, the property values of the community and the safety and welfare of its citizens, and would otherwise further the intent and purpose of this section to the same or greater degree than placement of the WTSF at a higher priority location.
Collocation requirements.
Any application for a WTSF shall include a statement and appropriate documentation demonstrating to the satisfaction of the Board of Trustees that to the extent relevant to provide wireless telecommunications service (WTS) in the Village of Fishkill which is the subject of such application, all reasonable efforts have been made to collocate such WTSF on all other existing, planned or approved sites with communication antennas which would eliminate the need for new or additional WTSF's in the Village of Fishkill. A proposal for a WTSF shall not be approved unless the Board of Trustees finds that the antenna planned for the proposed WTSF cannot be accommodated on an existing or approved WTSF or a structure within a 1.5-mile search radius of the proposed WTSF due to one or more of the following reasons:
The antenna would exceed the structural capacity of the existing or approved WTSF or structure, as certified by a licensed professional engineer, and the existing or approved WTSF or structure cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antenna at a reasonable cost.
The antenna would cause interference materially impacting the function of other existing or approved antennas at the WTSF or structure as certified by a qualified professional or other recognized authority and the interference cannot be prevented at a reasonable cost.
Existing or approved WTSF's and structures within the 1.5-mile search radius cannot accommodate the antenna at a height necessary to function reasonably or to provide adequate coverage to the intended service area as certified by a qualified professional or other recognized authority.
Other reasons that make it infeasible to locate the antenna upon an existing or approved WTSF or structure.
All WTSF's shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and base equipment and comparable antennas and base equipment for at least four additional licensed carriers. WTSF's must be designed to allow for future rearrangement of antennas upon the WTSF and to accept antennas mounted at varying heights. The Village Board of Trustees may reduce the number of licensed carriers required to be accommodated for just cause and consistent with the purposes of this section and the Zoning Law.
As a condition of special use permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing in the County Clerk's office and prepared to the satisfaction of the Village Attorney, acknowledging that the applicant, and its successors in interest, shall be required to allow the collocation of all other future wireless telecommunications service WTSF's unless otherwise unreasonably limited by technological, structural or other engineering considerations and expressly stating that it shall negotiate in good faith for shared use of the proposed WTSF by other WTS providers in the future. The issuance of any permit for a WTSF, shall commit the new WTSF owner and its successors in interest to:
Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.
Negotiate in good faith concerning future requests for shared use of the WTSF by other WTS providers.
Allow shared use of the new WTSF if another WTS provider agrees in writing to pay charges.
Relocate antennas on the WTSF as necessary to accommodate collocation of additional licensed service providers, to provide adequate coverage, or to minimize the height or other avoidable impacts of the WTSF.
In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing WTSF in a neighboring municipality be considered for shared use, the applicant shall submit to the Board of Trustees an affidavit that it has sent by registered or certified mail, return receipt requested, at least 15 days prior to the public hearing a notification to all of the Clerks of each municipality, and the secretaries of each district or commission, such as the fire departments and the water authorities, within two miles of the proposed location of the WTSF. Such notification shall include the exact location of the proposed WTSF, and a general description of the project, including, but not limited to, the height of the WTSF and its capacity for future shared use. In addition to all other referral requirements for special use permit applications pursuant to § 239 of General Municipal Law and as set forth in the Zoning Law, notification shall be made to all municipalities of all applications involving WTSF's.
Setbacks. Unless otherwise modified by the Board of Trustees in an effort to accommodate the purposes of this section, freestanding WTSF's shall be located not less than:
Two times the otherwise applicable setback requirements for principal structures for the district in which the property is located; or the height of the WTSF plus the otherwise applicable setback requirements for principal structures for the district in which the property is located, whichever shall be greater.
A WTSF's setback may be reduced by the Board to allow the integration of a WTSF into an existing or proposed building or structure.
It shall be demonstrated to the satisfaction of the Board of Trustees that the proposed WTSF is set back adequately to prevent damage or injury resulting from ice-fall or debris resulting from failure of a WTSF or any part thereof, and to avoid and minimize all other impacts upon adjoining properties.
Height limitations. Notwithstanding the following height limitations, in no case shall a WTSF exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.
The height of any antennas, or other associated equipment, structurally mounted as part of a WTSF shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment are affixed.
The maximum height of a freestanding WTSF is limited to 100 feet above the ground upon which the antenna is placed. The ground elevation may not be raised to increase the height of the WTSF.
Height limitations may be waived by the Board of Trustees when the antenna is mounted on an existing building or structure or to accommodate collocation.
Design and visual mitigation.
Unless otherwise permitted by the Board of Trustees, WTSF's shall only be permitted on, in or attached to existing or approved buildings or structures by use of stealth technologies, (e.g., architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and WTSF's designed not to look like a conventional WTSF but like something else existing in the community, such as light poles, power poles, flagpoles, and trees or materials).
Where permitted, the only freestanding WTSF permitted shall be a monopole. WTSF's which require the use of guy wires or open framework are prohibited.
The applicant/provider shall prepare a visual impact assessment of the proposed WTSF based upon appropriate modeling, photography and other pertinent analytical techniques as required by the Board of Trustees, including but not limited to a map identifying the zone of visibility.
Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, and alternative construction, structural and transmission technologies such as antennas attached to or disguised as trees or other features or camouflaging techniques, shall be required to minimize the visual impact of such WTSF from public thoroughfares, important view and vantage points and surrounding properties to the extent practicable as determined by the Board of Trustees.
No signs other than exempt signs or as may be required by the Board of Trustees for security or safety purposes shall be erected on any WTSF.
All ground-based equipment and all utilities shall be located underground to the extent feasible.
WTSF's shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. Every WTSF shall be of colors and design that are compatible and harmonious to blend with the natural features, buildings and structures surrounding such WTSF.
The WTSF shall not be artificially lighted unless otherwise required by the appropriate governmental authority.
Operational characteristics.
Unless otherwise superseded by the FCC, the design and use of the proposed WTSF, including its cumulative impact with other existing and approved WTSF's, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report prepared in accordance with FCC Office of Engineering and Technology Bulletin 65, as amended. If new, more restrictive, standards are adopted, the antennas shall be made to comply or operation of the WTSF shall be terminated. The cost of compliance shall be borne by the owner and operator of the WTSF.
Annual certification of conformance with the applicable emissions standards and the requirements and conditions of special use permit approval shall be required.
Certification shall also be required prior to any modification of the WTSF or upon modification of the FCC standards.
The Board of Trustees may hire a qualified professional or recognized authority to review and report on such initial and annual certification report, the cost of which shall be reimbursed by the applicant.
Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of the Zoning Law or the conditions of special use permit approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with this Zoning Law.
Safety provisions. A WTSF shall be designed and erected so that in the event of structural failure, it will fall within the required setback area and, to the maximum extent possible, away from adjacent development. No new structure shall be permitted which would be classified by the Federal Aviation Administration Regulations Title 14 CFR Part 77 as an obstruction or hazard.
Insurance. The owner and applicant shall provide and keep in full force and effect, at their own cost and expense, public liability insurance which shall afford protection in an amount to be fixed by the Board of Trustees, but in no case less than $10,000,000 per occurrence, naming the Village as an additional insured and indemnifying the Village against any and all losses for personal injury, death, property damage or other claim, obligation or liability, and all costs or expenses in connection therewith, including reasonable attorneys fees and all costs of litigation, arising out of or relating to the existence, operation or use of any approved WTSF and any activities in connection therewith. Said insurance shall be written in form satisfactory to the Village by good and solvent insurance companies of recognized standing, authorized to do business in the State of New York (rated not less than "A" XV by Bests), and shall contain a provision that the policy or policies shall not be canceled on less than 30 days' written notice to the Village. Appropriate insurance certificates shall be deposited with the Village before any permit is issued. The owner and applicant shall obtain and maintain at all times insurance of an appropriate type and amount from an insurer licensed and authorized in the State of New York meeting the satisfaction of the Village Board of Trustees and the Village Attorney.
Security provisions. A security program shall be formulated and implemented for the site of a WTSF. Such program shall include physical features such as fencing screened by buffer vegetation, anticlimbing devices or elevating ladders on monopoles or other approved structure and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.
Structural inspection and report. A monopole or other approved structure shall be inspected at the expense of the service provider by a licensed professional engineer at any time upon a determination by the Code Enforcement Officer that the monopole or other approved structure may have sustained structural damage, but in no case less than every five years. A copy of the inspection report shall be submitted to the Code Enforcement Officer.
[Amended 5-24-2010 by L.L. No. 6-2010]
Emergency plan. An emergency action plan shall be formulated and implemented for the site of a WTSF, to the satisfaction of the Board of Trustees and the local providers of emergency services to the Village of Fishkill. Such plan shall include identification of all appropriate features and considerations of each WTSF, appropriate training of local police, fire and ambulance service providers, and appropriate provisions for notification of the public in the event of an emergency, to the satisfaction of the Board of Trustees and the local providers of emergency services to the Village of Fishkill.
Lease agreement. In the case of an application for approval of a WTSF to be located on lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the Board of Trustees and a copy shall be filed with the Village Clerk. The Board of Trustees, at its discretion and in cooperation with the involved parties, shall allow certain proprietary information contained in such lease which is unrelated to the requirements of this section or the conditions of the approvals for said WTSF to be kept confidential.
Removal.
A WTSF, or any portion thereof, including any portion above the height of the antenna, shall be dismantled and removed from the property on which it is located when it has been inoperative or abandoned for a period of 90 days from the date on which it ceased operation, or no longer has a valid approval, permit or license, or is otherwise no longer necessary for the provision of adequate coverage in the Village of Fishkill. The owner of the WTSF and each of the WTS providers on any approved WTSF shall provide written certification of the status of the use and necessity of the WTSF, or any portion thereof, on a quarterly basis. Said WTSF or any portion thereof, shall be removed within six months of such termination, abandonment or discontinuance of use, unless a time extension is approved by the Board of Trustees.
The applicant shall provide to the Village written notification, including identification of the date the use of the WTSF was discontinued or abandoned or no longer has a valid approval, permit or license, or is otherwise no longer necessary for the provision of adequate coverage in the Village of Fishkill by one or more of the service providers, acknowledgment of the requirement to remove the WTSF, and identification of the plans for the removal of the WTSF within six months of such termination, abandonment or discontinuance of use.
The applicant shall provide to the satisfaction of the Village of Fishkill a written agreement suitable for filing with the County Clerk, Division of Land Records to ensure the dismantling, removal and restoration of such an abandoned wireless telecommunications services facility. Performance of the removal requirements as set forth herein shall be secured by a bond posted by the applicant in an amount and for a duration determined to be adequate by the Village of Fishkill Board of Trustees.
Unused portions of WTSF's above a manufactured connection shall be removed within six months of the time of antenna relocation or removal unless a time extension is approved by the Board. The replacement of portions of a WTSF previously removed requires the issuance of a new special use permit.
In the event that such WTSF, or portion thereof, is not completely removed from such property within such time, the Village shall be authorized to effect such removal at the expense of the property owner.
Owner/applicant representative contacts. The applicant and all future owners of the premises and the WTSF shall at all times keep on file in the office of the Village Clerk the name, address, and telephone number of the owner and operator of such WTSF and of at least one individual who shall have authority to arrange for the maintenance of the premises and WTSF, and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and WTSF and to bind the owner to any settlement, fine, judgment, or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted by the Village against such owner and/or operator(s).
Compliance with other laws. The operator of every WTSF shall submit to the Village Clerk copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna and shall maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. Failure to do so after 30 days' notice, in the discretion of the Board of Trustees, unless good cause for such failure is shown, shall result in the termination of the special use permit.
Assignment of permit. No permit granted under this section shall be assigned or transferred without the prior approval of the Board of Trustees.
Review. All permits granted under this section shall be subject to review by the Board of Trustees at two-year intervals, to determine whether the technology in the provision of WTSF has changed such that the necessity for the permit at the time of its approval has been eliminated or modified, and whether the permit should be modified or terminated as a result of any such change.
§ 171-65.2 Automobile sales and service.
[Added 11-2-2015 by L.L. No. 6-2015[1]]
A special use permit may be granted for an automobile sales and service use that meets the standards for a special use permit set forth in § 171-56 and the following supplemental regulations:
One customer parking space for every 175 square feet of gross floor area of areas accessible to the public, including sales floor, customer service area and customer lounges, but excluding bathrooms, is required.
Parking spaces for display vehicles and/or inventory vehicles may be reduced to 18 feet by 8.5 feet in size, if the display and/or inventory vehicles are only retrieved by employees and separated from publicly accessible parking areas by a physical barrier such as a fence.
The minimum lot area shall be three acres.
Use of the building for a dwelling unit or sleeping quarters shall not be permitted.
An automobile sales and service use shall not be located within 500 feet of another automobile sales and service use or a structure or district listed on the State or National Registers of Historic Places, as measured from property line to nearest property line.
Vehicle display and storage. The Planning Board shall determine the allowed number of vehicles to be stored and displayed on site, based upon the factors stated herein. In no event shall the numbers exceed those stated herein.
The total number of vehicles on any given site shall not exceed a maximum of 70 per gross acre; this maximum density includes all vehicles on the site, including but not limited to display, storage, repair, customer and employee vehicles.
The maximum density of 70 vehicles per gross acre may be achieved only if, in the Planning Board's opinion, the site can accommodate such density without resulting in adverse visual, traffic circulation, drainage, or other impacts. In making this evaluation, the Planning Board shall consider all relevant characteristics of the site and its setting, including, without limitation, the size and shape of the lot, the size and shape of the building, proposed vehicular circulation patterns, proposed storm drainage features and practices, existing and proposed vegetation, its depth and height in relation to adjacent roadways and adjacent properties, visibility from adjacent roadways and adjacent properties, the surrounding topography, and the type and extent of the lighting on the site.
All vehicles on the site shall be parked solely on the portions of the site designated for them on the approved site plan. Outdoor storage, including the display, of vehicles shall be permitted only in the side or rear yards, except as hereinafter provided.
Where a parcel is a corner lot or otherwise adjacent to two public roadways, for the purpose of storage and display of vehicles, the property owner may designate one property line adjacent to the roadway as the side yard and one property line adjacent to the roadway as the front yard.
Front yard display. The Planning Board may permit a specified number of vehicle spots for display of new or used motor vehicles in a front yard subject to the following provisions:
If permitted, the display of vehicles in a front yard along the lot frontage shall not exceed a maximum of one vehicle for every 40 feet of property line adjacent and common to such public roadway. This maximum density may be achieved only if, in the Planning Board's judgment, the site can accommodate such density without resulting in adverse impacts, under the standards and factors set forth previously in this section.
Once the number of permitted display vehicles has been determined, the Planning Board shall, in its discretion, permit the vehicles to be displayed linearly at intervals of 40 feet or more per vehicle, or grouped closer together in cluster(s) forming one or more display areas.
Where a parcel is a corner lot or otherwise adjacent to two public roadways, only the designated front yard shall be used as a display area.
Landscaping. All display and storage areas shall be suitably landscaped during all seasons of the year. A minimum of a twenty-foot vegetated buffer strip shall be provided along all portions of the site perimeter. The Planning Board may permit landscaped berming or the incorporation of lifts to be part of the display area, provided that suitable landscaping is provided.
§ 171-65.3 Outdoor boxes.
[Added 8-1-2011 by L.L. No. 4-2011]
A special use permit may be granted to the property owner, after public hearing by the Planning Board, for outdoor boxes, provided that:
The outdoor box shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach on the required setbacks, driveways, landscaped areas, parking spaces, pedestrian walkways or public right-of-way.
The outdoor box shall not be greater than six feet in height.
The outdoor box shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicular traffic.
Outdoor boxes shall be an ancillary use to an approved primary use and may not be located on an unimproved lot.
Outdoor boxes shall be maintained in a clean, litter-free and odorless condition on a daily basis and they shall otherwise not create a nuisance.
The special use permit shall be valid for two years from the date of approval. After the special use permit has expired, the applicant shall be required to renew the special use permit with the Planning Board.
Any advertising of goods or services on an outdoor box shall be approved by the Planning Board.
All outdoor boxes shall display the name, address and telephone number of the owner of the outdoor box.
Devices used for the collection of donation items are not considered an outdoor box and are prohibited in the Village of Fishkill.
§ 171-65.4 Contractor yards and equipment rental.
[Added 3-4-2013 by L.L. No. 2-2013]
A special use permit may be granted for a contractor yard/equipment rental facility that meets the standards for a special use permit set forth in § 171-56 and the following supplemental standards:
All material storage shall occur in wholly or semi-enclosed (i.e., roofed) structures.
There shall be no outdoor display of goods, outdoor storage of materials or outdoor storage of equipment in the front yard nor shall such goods, materials or equipment be placed in front of the principal building.
Goods, materials and equipment shall be fenced and screened from public view as determined by the Planning Board.
The location and type of any materials classified as hazardous by the Fire Code of New York State shall be noted on the site plan.
Any on-site washing of vehicles shall utilize a closed-loop system.
An on-site loading zone shall be provided.
§ 171-65.5 Drive-through windows.
[Added 3-4-2013 by L.L. No. 2-2013]
A special use permit may be granted for a drive-through window that meets the standards for a special use permit set forth in § 171-56 and the following supplemental regulations:
Drive-through window service shall be designed and located to minimize conflict between pedestrian traffic and vehicular traffic.
A secondary means of egress, also referred to as an "escape lane" shall be provided.
Each drive-through lane and the escape lane shall be a minimum of nine feet wide.
A minimum of six queuing spaces per drive-through aisle shall be provided.
The Planning Board may require that a landscaped area be provided between drive-through lane(s) and the general access lane(s) and parking area.
The drive-through lanes and window shall be clearly defined by pavement markings and directional signage.
§ 171-65.6 Funeral homes.
[Added 3-4-2013 by L.L. No. 2-2013]
A special use permit may be granted for a funeral home that meets the standards for a special use permit set forth in § 171-56 and the following supplemental regulations:
The funeral home shall maintain the appearance and site design characteristics of a residential dwelling. If the funeral home is to be newly constructed, it shall be designed to resemble a residential dwelling.
The funeral home shall be located on a single lot with no less than the minimum lot area specified for the zoning district.
Access to the funeral home shall occur directly from a state or county highway or by a Village highway other than a residential subdivision street.
On-site vehicular circulation, including the queue of processional vehicles, shall be adequate and not unduly impact the surrounding street system.
Screening from neighboring residential properties shall be provided by intervening landform and/or natural vegetation.
§ 171-65.7 Personal storage units.
[Added 10-19-2020 by L.L. No. 2-2020]
The portion of the existing building dedicated to personal storage shall not exceed five units.
The portion of the existing building dedicated to personal storage shall not exceed 1,200 square feet of floor area.
Personal storage units shall only be provided within the existing building footprint and no additions shall be made to the building for personal storage units.
The personal storage units shall be located and accessed in the rear of the building and shall not be visible from Main Street.