The provisions of this chapter shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary bulk regulations.
[Added 11-14-2002 by L.L. No. 9-2002; amended 10-28-2010 by L.L. No. 6-2010]
Flag lots may only be created if it is shown to the satisfaction of the Planning Board that the parcel has an environmental or topographical hardship which prevents a non-flag-configured division of the property. Further, it must be shown to the satisfaction of the Planning Board that the proposed flag lot will not, for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography, or for any other reason, be harmful to the health, safety or welfare of the property owner, adjacent landowners, or the community. No more than one flag lot may be created through the division of a single parcel. Flag lots shall provide at least 50 feet of frontage along street, and the width of the strip of land ("flagpole") connecting the buildable portion of the flag lot with the street shall be at least 50 feet along its entire length. The area of the access strip (the "flagpole") shall not be included in calculating minimum lot area. The area of the main buildable portion of the lot, excluding the access strip, shall conform to all other bulk regulations and be at least fifty-percent greater than the minimum lot area in the underlying zoning district, but in no event less than one acre. All flag lots shall meet these requirements and the applicable provisions of the Town of East Fishkill Subdivision Regulations,[1] including those dealing specifically with flag lots.
[1]
Editor's Note: See Ch. 163, Subdivision of Land, especially § 163-19H, Requirements for approval of flag lots.
[Amended 3-28-1985 by L.L. No. 7-1985]
A paved terrace need not meet the requirements for yard sizes, floor area ratios or lot coverage, provided that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, shall not project into any yard to a point closer than 15 feet from any lot line.
[Amended 3-28-1985 by L.L. No. 7-1985; 6-22-2017 by L.L. No. 2-2017]
No porch or deck may project into any required yard. Any two-story or any enclosed porch or deck, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements, amount of lot coverage or floor area ratio.
[Added 3-28-1985 by L.L. No. 7-1985]
A private swimming pool or tennis court shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
A. 
Enclosure for swimming pools. The portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence or equivalent enclosure of not less than four feet in height. Every gate or other opening in the fence enclosing such pool shall be kept securely closed and locked at all times when said pool is not in use.
B. 
Coverage. Such pool and/or tennis court shall not cover more than 40% of the area of the rear yard or side yard in which it is located.
C. 
Setback requirements. All swimming pools and/or tennis courts shall be set back from lot lines at least 25 feet from side and rear lot lines. Such pool and/or tennis court shall not be located in any required front yard.
[Amended 6-14-2001 by L.L. No. 3-2001]
The space in any required yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
[Added 3-28-1985 by L.L. No. 7-1985]
Open fire escapes may extend into any required yard, with the exclusion of the front yard.
[Amended 10-26-2006 by L.L. No. 4-2006; 2-27-2014 by L.L. No. 2-2014; 6-22-2017 by L.L. No. 2-2017]
A. 
Retaining walls. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall. Retaining walls four feet in height or less do not require a permit. Retaining walls greater than four feet in height require engineered drawings approved by the Building Department/Engineer and a fence/wall permit from the Building Department. See table below.
B. 
Fences and walls (not retaining). On any residential property, the finished side of the fence shall face the adjoining property, and all exposed stands and braces shall face the interior property. All fences or walls exceeding four feet must be decorative. Chain-link fences shall not exceed four feet in height in any yard of a residential district. Fences and walls over four feet must be installed two feet in from any lot line. Fences and walls four feet in height or less may be erected in any yard and do not require a permit. Fences and walls greater than four feet in height and less than six feet in height may be erected behind the front line of a house or within 10 feet of the front line of a house with a fence/wall permit from the Building Department. Fences and walls exceeding four feet in height and located more than 10 feet in front of the front line of a house and all fences and walls exceeding six feet in height require a variance from the Zoning Board of Appeals (ZBA) and a wall/fence permit from the Building Department except for properties in an industrial district which shall be permitted to have fences 12 feet in height. See table below:
[Amended 9-22-2022 by L.L. No. 7-2022]
Walls and Fences
Permit(s) Required
Retaining walls
4 feet in height or less
No permit required
Greater than 4 feet
(1) Engineered drawings approved by the Building Department/Engineer
(2) Requires fence/wall permit from the Building Department
Fences and walls (not retaining walls)
4 feet in height or less
No permit required
Located within 10 feet of the front line of the house and exceeding 4 feet in height but not exceeding 6 feet in height
Requires fence/wall permit from the Building Department
Exceeding 4 feet in height and located more than 10 feet in front of the front line of the house
(1) Requires variance from ZBA;
(2) Fence/wall permit from the Building Department
Exceeding 6 feet in height
(1) Requires variance from ZBA unless the fence is located in an Industrial District;
(2) Fence/wall permit from the Building Department
On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than 3 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street lines.
[Amended 12-28-1995 by L.L. No. 11-1995; 1-11-1996 by L.L. No. 2-1996; 11-14-2002 by L.L. No. 11-2002; 9-22-2022 by L.L. No. 7-2022]
A corner lot is a lot at the intersection of and abutting two or more intersecting streets or highways, as said term appears in § 280-a of the New York State Town Law. The setbacks in a side yard with frontage on a street or highway of a corner lot shall be the lesser of double those of the underlying Zoning District and the required front yard.
A. 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes which are not used for human occupancy, nor to radio and television antennas, dish antennas not over six feet in diameter, skylights, water tanks, bulkheads and similar necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve, shall not exceed in cross-sectional area 20% of the ground floor area of the building, shall not establish or create a hazard to aircraft and/or airport operations and, where required by law, shall be properly lighted and/or marked to protect aircraft.
[Amended 3-28-1985 by L.L. No. 7-1985]
B. 
The height limitation of 30 feet or two stories for the I-1 Light Industrial District may be increased 10 feet for every 100 feet of additional front yard depth which is furnished in excess of the 50 feet minimum front yard depth established in the Bulk Schedule, provided that any building exceeding the height limit of 30 feet or two stories shall be located on a lot of 10 acres or more and shall not be located, with respect to any boundary line, a distance less than the height of such building.
C. 
Height variations. The height limitation of 35 feet or 2 1/2 stories for the R-1, R-2 and R-3 Districts may be increased 10 feet for every 100 feet of additional front yard depth which is furnished in excess of the 50 feet minimum front yard depth established in the Bulk Schedule, provided that any building exceeding the height limit of 35 feet or 2 1/2 stories shall not be located, with respect to any boundary line, a distance less than the height of such building.
[Added 6-14-2001 by L.L. No. 3-2001]
[Added 3-28-1985 by L.L. No. 7-1985]
All exterior lighting accessory to a multifamily or nonresidential use, and all lighting of recreational facilities accessory to a residential use, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from being a visual nuisance to any adjacent residential property. Hours of lighting may be limited by the Planning Board in acting on any site development plan. Where site development plan approval is not required, the Building Inspector may limit the hours of lighting as a condition of building permit approval.
[Added 3-28-1985 by L.L. No. 7-1985]
In multifamily and nonresidential uses, including special permit uses in residential zones, adequate facilities for disposal of refuse shall be provided by the owner/operator. In multifamily and nonresidential uses, including special permit uses in residential zones, all refuse disposal units or locations for deposit must also be screened from view and designed in such fashion as to be fireproof and to prevent access by rodents and blowing away of refuse.
[Added 3-28-1985 by L.L. No. 7-1985]
No awning or similar weather shielding feature projecting beyond the property line of any lot into the sidewalk portion of a street shall be erected or maintained on any building, unless such awning or feature shall be firmly attached to the building and is at all points at least eight feet above the sidewalk area.
[Added 3-28-1985 by L.L. No. 7-1985]
The minimum residential unit size in all districts shall be 600 square feet for accessory, attached and semidetached units and 800 square feet for detached units.
The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.
[Added 3-28-1985 by L.L. No. 7-1985; amended 11-14-2002 by L.L. No. 9-2002; 7-26-2007 by L.L. No. 3-2007 ;2-27-2014 by L.L. No. 2-2014; 6-22-2017 by L.L. No. 2-2017]
A. 
General. No building permit shall be issued for the construction of any detached accessory building, inclusive of garages, utility sheds, storage sheds or any other outbuildings, but not including construction sheds, until such time as the principal building has been substantially completed in all respects, conforming with all applicable provisions of this chapter.
B. 
Sheds.
(1) 
Standards. One shed meeting the New York State Building Code and normally considered for utility use in conjunction with an existing residence for the storage of garden or lawn tools, etc., may be erected on a residential lot.
(2) 
Building permit. No building permit is required for a shed less than 144 square feet in size and 10 feet in height. Sheds greater than 144 feet in size and/or 10 feet in height must obtain a building permit.
(3) 
Setbacks. Sheds shall not be erected within 15 feet of a side or rear property line, and shall not be placed in front of the front line of the principal residence.
(4) 
Any shed containing a garage door must meet the requirements of a detached garage.
(5) 
Deadline for construction. Sheds must be of completed construction within a six-month period and must meet New York State Uniform Building and Fire Prevention Code requirements with what is considered finishing siding and roofing.
C. 
Detached garages. Detached garages are allowed by building permit only and shall meet all applicable bulk regulations of the district in which they are located and shall not be located in front of the front line of a house. Detached garages must be permanent and not a fabric-covered structure and may in no event exceed 750 square feet or 60% of the square footage of the footprint of the principal structure, whichever is greater in size and 1.5 stories or 25 feet in height. All detached garages must contain a floor comprised of an approved noncombustible material approved by the Town Engineer. In cluster subdivisions, the Planning Board may authorize detached garages to be placed within the rear yard, so long as the garage is set back at least 10 feet from the rear inside property lines.
D. 
Other detached accessory structures. One additional detached accessory structure meeting New York State Building Code and all applicable bulk regulations of the district in which it is located is allowed by building permit on a residential lot for uses customarily associated with a primary residence such as a pool cabana, playhouse, and workshop. The structure shall not be located in front of the front line of a house and shall not exceed 350 square feet or 15 feet in height. Application may be made to ZBA to allow for a larger accessory structure, but under no conditions shall the structure exceed 750 square feet or 60% of the footprint of the principal structure, whichever is greater in size and 1.5 stories or 25 feet in height.
[1]
Editor’s Note: See also Ch. 94, Elderly Cottage Housing.
[Added 3-28-1985 by L.L. No. 7-1985]
After building permits for basic construction have been granted in accordance with the appropriate provisions of this chapter, temporary construction sheds may be erected on the lot on which primary construction is to be undertaken. Each construction shed shall not be larger in size than 50 square feet unless an application therefor is made to the Building Inspector, such application adequately showing the need for a construction shed of larger size. The Building Inspector may grant permission for the temporary erection and use of such larger construction shed. All construction sheds shall be immediately removed in the event the building permit, originally issued by the Building Inspector, either expires or becomes void, or immediately upon completion of the work authorized by the building permit and prior to the issuance of a certificate of occupancy, unless such construction shed is to be used with respect to the erection of another building for which a building permit has been issued. Under no circumstances shall any construction shed be used for residential purposes.
[Added 3-28-1985 by L.L. No. 7-1985; amended 10-25-2012 by L.L. No. 8-2012]
All portions of properties, except single-family detached dwellings, which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes, shall be suitably landscaped and permanently maintained with planting of trees and shrubbery, as approved by the Planning Board as part of the site plan or other approval, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the Town as a whole.
A. 
Landscape buffer. A landscape buffer shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site.
(1) 
Depth. It shall be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residential district.
(2) 
Plantings. It shall be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.
(3) 
Enclosure. A wall or fence of location, height and design approved by the Planning Board may be substituted for the required planting.
B. 
Modifications. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or the landscape buffer requirements.
C. 
Maintenance. All planting shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
[Added 3-28-1985 by L.L. No. 7-1985]
All power and communication lines shall be installed underground in the manner prescribed by regulations of the governmental agency or utility company having jurisdiction. However, where site or other environmental considerations would cause undue hardship, the appropriate reviewing agency shall have authority to waive this requirement.
[1]
Editor's Note: Former § 194-111, Signs, added 3-28-1985 by L.L. No. 7-1985, was repealed 2-23-2011 by L.L. No. 6-2011. See now Ch. 153, Signs.
[Added 3-28-1985 by L.L. No. 7-1985]
A. 
Dish antennas equal to or under six feet in diameter. Dish antennas not over six feet in diameter are allowed as of right as an accessory use in all districts, subject to the setback requirements for buildings.
B. 
Dish antennas over six feet in diameter. Dish antennas over six feet in diameter are allowed by special permit in accordance with the requirements for communication towers. (See Article IX, Special Permits, and Articles X, XI and XII, supplementary use regulations.)
[Added 10-25-2012 by L.L. No. 8-2012]
Handicap ramps may extend into any required setback.
[Added 10-25-2012 by L.L. No. 8-2012]
Split rail fences, boulders, stonewalls or any other markers used to delineate the boundary of a wetland, wetland buffer, conservation easement or any other sensitive environmental may be placed within a setback.
[Added 6-22-2017 by L.L. No. 2-2017]
Retail or service uses providing drive-through facilities shall be designed and operated to effectively mitigate problems of traffic congestion, excessive pavement, litter, noise, and unsightliness.
A. 
Drive-through aisles shall have a minimum twenty-foot radius at curves and a minimum width of 12 feet.
B. 
Each entrance to an aisle and the direction of traffic flow shall be clearly designated by signs and pavement markings.
C. 
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
D. 
The adequacy of vehicle queuing capacity of the drive-through facility and the design and location of the ordering and pickup facilities shall be determined by the Planning Board.
E. 
Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking facilities.
F. 
Additional conditions. The Planning Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of site plan approval, including the prohibition of drive-throughs if warranted.