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Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
The Town of Fishkill is hereby divided into the following classes of districts:
R-4A
One-Family Residence District
R-2A
One-Family Residence District
R-40
One-Family Residence District
R-20
One-Family Residence District
R-15
One-Family Residence District
R-MF-3
Multifamily Residence District
R-MF-5
Multifamily Residence District
LHC
Local Historic Center District
RB
Restricted Business District
PB
Planned Business District
PSC
Planned Shopping Center District
GB
General Business District
PI
Planned Industry District
HRWRD
Hudson River Waterfront Recreation District
HRD
Hudson River District
BH
Beacon Hills District
DMUD
Designed Multiple Use Development (Floating Zone)
SCH
Senior Citizen Housing District (Floating Zone)
AQO
Aquifer Protection Overlay Zone
Said districts are bounded and defined as shown on the map entitled "Zoning Map, Town of Fishkill," which map, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
Where uncertainty exists as to the location of any boundaries shown on the Zoning Map, the following rules shall apply:
A. 
District boundary lines are intended to follow lot lines or the center line of streets, rights-of-way or watercourses, or be parallel or perpendicular thereto, unless such strict boundary lines are indicated by dimensions shown on the Zoning Map.
B. 
Where district boundary lines divide a lot or unsubdivided property, the location of any such boundary, if not indicated by dimensions, shall be determined by the use of the map scale on the Zoning Map.
[Amended 7-14-2021 by L.L. No. 3-2021]
C. 
Where such boundaries are indicated as approximately following the property lines of parks or other large public holdings, such lines shall be construed to be such boundaries.
D. 
Where district boundaries are so indicated that they approximately follow the edge of lakes, ponds, reservoirs or other bodies of water, the mean high-water lines thereof shall be construed to be the district boundaries, except that the regulations of the most restrictive district on the edge of such a body of water shall apply to the area within the mean high-water line and the body of water thereof.
E. 
Any boundary extending into the Hudson River or other bodies of water bordering the Town shall be deemed to extend to the boundary of the Town unless otherwise indicated.
F. 
If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.
[Amended 7-14-2021 by L.L. No. 3-2021]
In all cases where a district boundary divides a lot in one ownership and more than 50% of the area of such lot lies in the less-restricted district, the regulations prescribed by this chapter for the less-restricted district may be extended by a determination of the Zoning Board of Appeals to such portion of the more restricted portion of said lot which lies within 50 feet of such district boundary. For purposes of this section, the more-restricted district shall be deemed to be that district which is subject to regulations that prohibit the use intended to be made of said lot or that require higher standards with respect to density, coverage, yards, screening, landscaping, parking, loading and similar requirements.
For purposes of these regulations, where residence districts are referred to as "more restrictive" or "less restrictive," the designation shall refer to the order in which residence districts are set forth in § 150-8, the first named being the most restrictive.
A. 
The intent of the districts in the Town of Fishkill are listed herein to guide discretionary land use decisions. The intent of districts not listed herein are found at the beginning of the corresponding regulatory section.
(1) 
R-4A, One-Family Residence District. A rural residential zone requiring a minimum lot size of four acres intended to preserve and maintain the rural residential character, economy and natural features of the Town of Fishkill.
(2) 
R-2A, One-Family Residence District. A low density residential zone requiring a minimum lot size of two acres intended to preserve and maintain the rural residential character, economy and natural features of the Town of Fishkill.
(3) 
R-40, One-Family Residence District. A low density residential zone requiring a minimum lot size of 40,000 square feet intended to preserve and maintain the rural economy and natural features of the Town of Fishkill and to provide a transition from rural to suburban development.
(4) 
R-20, One-Family Residence District. A low density residential zone requiring a minimum lot size of 20,000 square feet intended to preserve and maintain the rural economy and natural features of the Town of Fishkill and to provide a transition from rural to suburban development.
(5) 
R-15, One-Family Residence District. A medium density residential zone requiring a minimum lot size of 15,000 square feet intended to provide single-family residential development and appropriate community amenities, and to offer a transition from rural to suburban development.
(6) 
R-MF-3, Multifamily Residence District. A medium density residential zone which permits multifamily housing as of right on a minimum lot size of 15 acres. The promotion of multifamily housing in this district is intended to accomplish the creation of affordable, safe and walkable residential developments.
(7) 
R-MF-5, Multifamily Residence District. A medium density residential zone which permits multifamily housing as of right on a minimum lot size of 10 acres. The promotion of multifamily housing in this district is intended to accomplish the creation of affordable, safe and walkable residential developments.
(8) 
RB, Restricted Business. Intended to include residential uses in a nonresidential zone with limited business, institutional and recreational uses which are appropriate adjacent to residential areas.
(9) 
PB, Planned Business. Intended for strictly nonresidential business and commercial uses which reuse large, previously developed sites. Planned business zone is not intended for industrial or light industrial land uses.
(10) 
GB, General Business. Intended for the development of local convenience commercial and business uses where such uses do not impact residential uses also permitted in the district.
(11) 
PI, Planned Industry. Intended for the location of industrial and light industrial uses, and uses which are not suitable adjacent to residential or business areas.